17B-1-215. Notice and plat to lieutenant governor -- Recording requirements -- Certificate of incorporation -- Special district incorporated as specialized special district or basic special district -- Effective date.
(1) Within the time specified in Subsection (1)(b) and except as provided in Sectionfor a petition proposing the creation of an infrastructure financing district, the responsible body shall file with the lieutenant governor: 17B-1-209 if applicable, a copy of the petition certified, under Section, as complying with all applicable requirements; 17B-1-209 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. 67-1a-6.5 The responsible body shall file the documents listed in Subsection (1)(a) with the lieutenant governor within 10 days after: the canvass of an election under Section, if a majority of those voting at the election within the proposed special district as a whole vote in favor of the creation of a special district; 17B-1-214 certification of a petition as to which the election requirement of Subsectiondoes not apply because of Subsection, (b), (c), or (h); or 17B-1-214(1) 17B-1-214(3)(a) adoption of a resolution, under Subsectionapproving the creation of a special district for which an election was not required under Subsection, (e), (f), or (g) by the legislative body of each county whose unincorporated area is included within and the legislative body of each municipality whose area is included within the proposed special district, or by the board of trustees of the initiating special district. 17B-1-213(5) 17B-1-214(3)(d)
(2) Upon the lieutenant governor's issuance of a certificate of incorporation under Section, the responsible body shall: 67-1a-6.5 if the special district is located within the boundary of a single county, submit to the recorder of that county: the original: notice of an impending boundary action; certificate of incorporation; and approved final local entity plat; and if applicable, a certified copy of each resolution adopted under Subsection; or 17B-1-213(5) if the special district is located within the boundaries of more than a single county: submit to the recorder of one of those counties: the original of the documents listed in Subsections (2)(a)(i)(A), (B), and (C); and if applicable, a certified copy of each resolution adopted under Subsection; and 17B-1-213(5) submit to the recorder of each other county: a certified copy of the documents listed in Subsection (2)(a)(i)(A), (B), and (C); and if applicable, a certified copy of each resolution adopted under Subsection. 17B-1-213(5)
(3) The area of each special district consists of: if an election was held under Section, the area of the new special district as approved at the election; 17B-1-214 if an election was not required because of Subsection, (b), (c),or (h), the area of the proposed special district as described in the petition; or 17B-1-214(3)(a) if an election was not required because of Subsection, (e), (f), or (g), the area of the new special district as described in the resolution adopted under Subsection. 17B-1-214(3)(d) 17B-1-213(5)
(4) Upon the lieutenant governor's issuance of the certificate of incorporation under Section, the special district is created and incorporated as: 67-1a-6.5 the type of specialized special district that was specified in the petition under Subsection, (b), (c), or (d) or resolution under Subsectionor (f), if the petition or resolution proposed the creation of a specialized special district; or 17B-1-203(1)(a) 17B-1-203(1)(e) a basic special district, if the petition or resolution did not propose the creation of a specialized special district. The effective date of a special district's incorporation for purposes of assessing property within the special district is governed by Section. 59-2-305.5 Until the documents listed in Subsection (2) are recorded in the office of the recorder of each county in which the property is located, a newly incorporated special district may not: levy or collect a property tax on property within the special district; levy or collect an assessment on property within the special district; charge or collect a fee for service provided to property within the special district; or issue bonds.