Notice and plat to lieutenant governor -- Lieutenant governor certification -- Recording requirements -- Effective date.

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  • (1) If a county or municipal legislative body adopts a resolution approving the annexation of an area to an existing special service district, the legislative body shall:
    • (a) within 30 days after adopting the resolution, file with the lieutenant governor:
      • (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
      • (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
    • (b) upon the lieutenant governor's issuance of a certificate of annexation under Section 67-1a-6.5, submit to the recorder of the county in which the special service district is located:
      • (i) the original notice of an impending boundary action;
      • (ii) the original certificate of annexation;
      • (iii) the original approved final local entity plat; and
      • (iv) a certified copy of the resolution approving the annexation.
  • (2)
    • (a) Upon the lieutenant governor's issuance of the certificate of annexation under Section 67-1a-6.5, the additional area that is the subject of the legislative body's resolution is annexed to the special service district.
    • (b)
      • (i) The effective date of an annexation under this section for purposes of assessing property within the annexed area is governed by Section 59-2-305.5.
      • (ii) Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of the county in which the property is located:
        • (A) the county, city, or town that created the special service district may not levy or collect a property tax for special service district purposes on property within the annexed area; and
        • (B) the special service district may not:
          • (I) levy or collect an assessment on property within the annexed area; or
          • (II) charge or collect a fee for service provided to property within the annexed area.
      • (iii) Subsection (2)(b)(ii)(B)(II):
        • (A) may not be construed to limit a special service district's ability before annexation to charge and collect a fee for service provided to property that is outside the special service district's boundary; and
        • (B) does not apply until 60 days after the effective date, under Subsection (2)(a), of the special service district's annexation, with respect to a fee that the special service district was charging for service provided to property within the annexed area immediately before the area was annexed to the special service district.




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