17-61-402. Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
(1) If a petition for the creation of a new county impacts only one seceding county, the proposition submitted to voters under Sectionshall be approved by a majority vote of those voters who reside: 17-61-401 in the portion of the seceding county proposed as a new county; and in the remaining portion of the seceding county. If a petition for the creation of a new county impacts more than one seceding county, the proposition submitted to voters under Sectionshall be approved by a majority of those voters who reside: 17-61-401 in each portion of each seceding county proposed to be part of a new county; and in each remaining portion of each seceding county.
(2) If it appears that any proposition submitted to the voters as provided in Sectionhas been approved as described in Subsection: 17-61-401 (1) the lieutenant governor, upon receiving the certified report under Section, shall certify the result to the governor; and 20A-4-304 upon receiving the results from the lieutenant governor under Subsection, the governor shall issue a proclamation, stating: (1)(a) the result of the vote in each division of the county; the name and boundaries of the new county; the boundaries of a seceding county as changed by the creation of the new county; that the creation of the new county will take effect on the first Monday in January following the lieutenant governor's issuance of a certificate of creation under Section; 67-1a-6.5 the name proposed in the petition as the name of the new county; and the judicial district to which the new county belongs.
(3) The legislative body of the county from which the greatest portion of the new county was taken shall: within 30 days after the issuance of the governor's proclamation under Subsection, send to the lieutenant governor: (1) a copy of a notice of an impending boundary action, as defined in Section, that meets the requirements of Subsection; and 67-1a-6.5 67-1a-6.5(3) a copy of an approved final local entity plat, as defined in Section; and 67-1a-6.5 upon the lieutenant governor's issuance of a certificate of creation under Section, submit to the recorder of the new county: 67-1a-6.5 the original notice of an impending boundary action; the original certificate of creation; the original approved final local entity plat; and a certified copy of the governor's proclamation under Subsection. (1)
(4) The new county that is the subject of the lieutenant governor's certificate of creation under Sectionis a county of the state from and after January 1 following the issuance of the lieutenant governor's certificate of creation. 67-1a-6.5 The effective date of the creation of a new county for purposes of assessing property within the county is governed by Section. 59-2-305.5 Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the new county, the new county may not: levy or collect a property tax on property in the county; levy or collect an assessment on property in the county; or charge or collect a fee for service provided to property within the county.