(1) The legislative body adopting a resolution or ordinance approving the creation of a special service district shall:

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Terms Used In Utah Code 17D-1-209

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
         (12)(a) is created under authority of the Utah Constitution Article XI, § 7; and
         (12)(b) operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
     (1)(a) within 30 days after adopting the resolution or ordinance, file with the lieutenant governor:

          (1)(a)(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
          (1)(a)(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
     (1)(b) upon the lieutenant governor’s issuance of a certificate of incorporation under Section 67-1a-6.5, submit to the recorder of the county in which the special service district is located:

          (1)(b)(i) the original notice of an impending boundary action;
          (1)(b)(ii) the original certificate of incorporation;
          (1)(b)(iii) the original approved final local entity plat; and
          (1)(b)(iv) a certified copy of the resolution or ordinance approving the creation of the special service district.
(2)

     (2)(a) Upon the lieutenant governor’s issuance of a certificate of creation under Section 67-1a-6.5, the special service district is created and incorporated.
     (2)(b)

          (2)(b)(i) The effective date of a special service district’s incorporation for purposes of assessing property within the special service district is governed by Section 59-2-305.5.
          (2)(b)(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:

               (2)(b)(ii)(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 special service district; and
               (2)(b)(ii)(B) the special service district may not:

                    (2)(b)(ii)(B)(I) levy or collect an assessment on property within the special service district; or
                    (2)(b)(ii)(B)(II) charge or collect a fee for service provided to property within the special service district.
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