Utah Code 17-2-205. Governor’s proclamation — Notice to lieutenant governor — Recording requirements — Effective date
Current as of: 2024 | Check for updates
|
Other versions
(1) Upon receipt of the lieutenant governor’s certification under Section 17-2-204, the governor shall issue a proclamation, stating the result of the vote in each county, and that the annexation of the territory to the annexing county will take effect as provided in Subsection (3).
Terms Used In Utah Code 17-2-205
- Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
- Initiating county: means the county, from which a portion is annexed or proposed to be annexed to an adjoining county. See Utah Code 17-2-202
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(2) The legislative body of the annexing county shall:(2)(a) within 30 days after the issuance of the governor’s proclamation under Subsection (1), send to the lieutenant governor:(2)(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(2)(a)(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and(2)(b) upon the lieutenant governor’s issuance of a certificate of annexation under Section 67-1a-6.5, submit to the recorder of the annexing county:(2)(b)(i) the original notice of an impending boundary action;(2)(b)(ii) the original certificate of consolidation;(2)(b)(iii) the original approved final local entity plat; and(2)(b)(iv) a certified copy of the governor’s proclamation under Subsection (1).(3)(3)(a) An annexation approved at an election under Section 17-2-203 takes effect on January 1 of the year immediately following the lieutenant governor’s issuance of a certificate of annexation under Section 67-1a-6.5.(3)(b)(3)(b)(i) The effective date of a county annexation for purposes of assessing property within the annexing county is governed by Section 59-2-305.5.(3)(b)(ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the county in which the property is located, an annexing county may not:(3)(b)(ii)(A) levy or collect a property tax on property in the annexing county that used to be in the initiating county;(3)(b)(ii)(B) levy or collect an assessment on property in the annexing county that used to be in the initiating county; or(3)(b)(ii)(C) charge or collect a fee for service provided to property within the annexing county that used to be in the initiating county.