United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-217, 1997

Source excerpt

municipal incorporationmunicipal taxationproperty assessmentproperty taxrecording documentssales taxtaxtax administrationuse tax

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 1997
Dates: Enacted 1997

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Dates: Enacted 1997

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“The mayor of a future municipality must file specified incorporation documents with the lieutenant governor within 30 days after the canvass of the municipal election, then submit the originals or certified copies to county recorders after the certificate of incorporation is issued. A new municipality may not levy prop”

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Filing of notice and approved final local entity plat with lieutenant governor -- Effective date of incorporation -- Necessity of recording documents and effect of not recording.

Section 10-2a-217

Subsection 10-2a-217(1)(b)(i)

If a municipality is within a single county, it must submit the original notice of an impending boundary action, certificate of incorporation, and approved final local entity plat to that county’s recorder.

Section 10-2a-217(1)(b)(i)

Subsection 10-2a-217(2)(a)

A new municipality becomes effective when the lieutenant governor issues a certificate of incorporation under Section 67-1a-6.5.

Section 10-2a-217(2)(a)

Subsection 10-2a-217(2)(b)(ii)

no challenge to the existence or incorporation of the municipality has been filed in the district court for the county in which the municipality is located.

Section 10-2a-217(2)(b)(ii)

Subsection 10-2a-217(3)(b)(iii)

A fee may be charged or collected for a service provided to property within the municipality.

Section 10-2a-217(3)(b)(iii)

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Source record from le.utah.gov · Enacted 1997

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Showing 24 of 24 provisions

Provision 24

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-217Filing of notice and approved final local entity plat with lieutenant governor -- Effective date of incorporation -- Necessity of recording documents and effect of not recording.Provision

Source excerpt

The mayor of a future municipality must file specified incorporation documents with the lieutenant governor within 30 days after the canvass of the municipal election, then submit the originals or certified copies to county recorders after the certificate of incorporation is issued. A new municipality may not levy property tax, assessments, or service fees on property until the required documents are recorded in each county where the property is located.

Filing of notice and approved final local entity plat with lieutenant governor -- Effective date of incorporation -- Necessity of recording documents and effect of not recording. The mayor of the future municipality shall: within 30 days after the day of the canvass of the final election of municipal officers under Section 10-2a-215 , file with the lieutenant governor: a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that complies with Subsection 67-1a-6.5(3) ; and a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5 : if the municipality 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; or if the municipality is located within the boundaries of more than one county, submit the original of the documents described in Subsection (1)(b)(i) to one of those counties and a certified copy of those documents to each other county. The incorporation of a new municipality is effective upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5 . Notwithstanding any other provision of law, a municipality is conclusively presumed to be lawfully incorporated and existing if, for two years following the municipality's incorporation: the municipality has levied and collected a property tax; or for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and no challenge to the existence or incorporation of the municipality has been filed in the district court for the county in which the municipality is located. The effective date of an incorporation for purposes of assessing property within the new municipality is governed by Section 59-2-305.5 . Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of each county in which the property is located, a newly incorporated municipality may not: levy or collect a property tax on property within the municipality; levy or collect an assessment on property within the municipality; or charge or collect a fee for service provided to property within the municipality.

Section 10-2a-217Verify source

§ 10-2a-217(1)Subsection 10-2a-217(1)Provision

Source excerpt

The mayor of the future municipality must file specified incorporation and boundary documents with the lieutenant governor within 30 days after the canvass, then submit originals or certified copies to county recorders after the certificate of incorporation is issued, depending on whether the municipality is in one county or more than one county.

The mayor of the future municipality shall: within 30 days after the day of the canvass of the final election of municipal officers under Section 10-2a-215 , file with the lieutenant governor: a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that complies with Subsection 67-1a-6.5(3) ; and a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5 : if the municipality 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; or if the municipality is located within the boundaries of more than one county, submit the original of the documents described in Subsection (1)(b)(i) to one of those counties and a certified copy of those documents to each other county.

Section 10-2a-217(1)Verify source

§ 10-2a-217(1)(a)Subsection 10-2a-217(1)(a)Provision

Source excerpt

Within 30 days after the canvass of the final election of municipal officers, a filing must be made with the lieutenant governor.

within 30 days after the day of the canvass of the final election of municipal officers under Section 10-2a-215 , file with the lieutenant governor: a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that complies with Subsection 67-1a-6.5(3) ; and a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

Section 10-2a-217(1)(a)Verify source

§ 10-2a-217(1)(a)(i)Subsection 10-2a-217(1)(a)(i)Provision

Source excerpt

a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that complies with Subsection 67-1a-6.5(3) ; and

Section 10-2a-217(1)(a)(i)Verify source

§ 10-2a-217(1)(a)(ii)Subsection 10-2a-217(1)(a)(ii)Provision

Source excerpt

a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and

Section 10-2a-217(1)(a)(ii)Verify source

§ 10-2a-217(1)(b)Subsection 10-2a-217(1)(b)Provision

Source excerpt

After a certificate of incorporation is issued under Section 67-1a-6.5, the municipality must file specified boundary documents with county recorder(s), with different filing rules depending on whether the municipality is in one county or multiple counties.

upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5 : if the municipality 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; or if the municipality is located within the boundaries of more than one county, submit the original of the documents described in Subsection (1)(b)(i) to one of those counties and a certified copy of those documents to each other county.

Section 10-2a-217(1)(b)Verify source

§ 10-2a-217(1)(b)(i)Subsection 10-2a-217(1)(b)(i)Provision

Source excerpt

if the municipality 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; or

Section 10-2a-217(1)(b)(i)Verify source

§ 10-2a-217(1)(b)(i)(A)Subsection 10-2a-217(1)(b)(i)(A)Provision

Source excerpt

notice of an impending boundary action;

Section 10-2a-217(1)(b)(i)(A)Verify source

§ 10-2a-217(1)(b)(i)(B)Subsection 10-2a-217(1)(b)(i)(B)Provision

Source excerpt

certificate of incorporation; and

Section 10-2a-217(1)(b)(i)(B)Verify source

§ 10-2a-217(1)(b)(i)(C)Subsection 10-2a-217(1)(b)(i)(C)Provision

Source excerpt

approved final local entity plat; or

Section 10-2a-217(1)(b)(i)(C)Verify source

§ 10-2a-217(1)(b)(ii)Subsection 10-2a-217(1)(b)(ii)Provision

Source excerpt

if the municipality is located within the boundaries of more than one county, submit the original of the documents described in Subsection (1)(b)(i) to one of those counties and a certified copy of those documents to each other county.

Section 10-2a-217(1)(b)(ii)Verify source

§ 10-2a-217(2)Subsection 10-2a-217(2)Provision

Source excerpt

A new municipality’s incorporation takes effect when the lieutenant governor issues a certificate of incorporation.

The incorporation of a new municipality is effective upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5 . Notwithstanding any other provision of law, a municipality is conclusively presumed to be lawfully incorporated and existing if, for two years following the municipality's incorporation: the municipality has levied and collected a property tax; or for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and no challenge to the existence or incorporation of the municipality has been filed in the district court for the county in which the municipality is located.

Section 10-2a-217(2)Verify source

§ 10-2a-217(2)(a)Subsection 10-2a-217(2)(a)Provision

Source excerpt

A new municipality becomes effective when the lieutenant governor issues a certificate of incorporation under Section 67-1a-6.5.

The incorporation of a new municipality is effective upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5 .

Section 10-2a-217(2)(a)Verify source

§ 10-2a-217(2)(b)Subsection 10-2a-217(2)(b)Provision

Source excerpt

A municipality is conclusively presumed lawfully incorporated and existing if, for two years after incorporation, it has levied and collected property tax, or if incorporated on or after July 1, 1998, has imposed sales and use tax, and no court challenge has been filed.

Notwithstanding any other provision of law, a municipality is conclusively presumed to be lawfully incorporated and existing if, for two years following the municipality's incorporation: the municipality has levied and collected a property tax; or for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and no challenge to the existence or incorporation of the municipality has been filed in the district court for the county in which the municipality is located.

Section 10-2a-217(2)(b)Verify source

§ 10-2a-217(2)(b)(i)Subsection 10-2a-217(2)(b)(i)Provision

Source excerpt

the municipality has levied and collected a property tax; or for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and

Section 10-2a-217(2)(b)(i)Verify source

§ 10-2a-217(2)(b)(i)(A)Subsection 10-2a-217(2)(b)(i)(A)Provision

Source excerpt

the municipality has levied and collected a property tax; or

Section 10-2a-217(2)(b)(i)(A)Verify source

§ 10-2a-217(2)(b)(i)(B)Subsection 10-2a-217(2)(b)(i)(B)Provision

Source excerpt

for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and

Section 10-2a-217(2)(b)(i)(B)Verify source

§ 10-2a-217(2)(b)(ii)Subsection 10-2a-217(2)(b)(ii)Provision

Source excerpt

no challenge to the existence or incorporation of the municipality has been filed in the district court for the county in which the municipality is located.

Section 10-2a-217(2)(b)(ii)Verify source

§ 10-2a-217(3)Subsection 10-2a-217(3)Provision

Source excerpt

The effective date of an incorporation for purposes of assessing property within the new municipality is governed by Section 59-2-305.5 . Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of each county in which the property is located, a newly incorporated municipality may not: levy or collect a property tax on property within the municipality; levy or collect an assessment on property within the municipality; or charge or collect a fee for service provided to property within the municipality.

Section 10-2a-217(3)Verify source

§ 10-2a-217(3)(a)Subsection 10-2a-217(3)(a)Provision

Source excerpt

The effective date of an incorporation for property assessment in a new municipality is governed by Section 59-2-305.5.

The effective date of an incorporation for purposes of assessing property within the new municipality is governed by Section 59-2-305.5 .

Section 10-2a-217(3)(a)Verify source

§ 10-2a-217(3)(b)Subsection 10-2a-217(3)(b)Provision

Source excerpt

A newly incorporated municipality may not levy or collect a property tax, assessment, or service fee on property in the municipality until the documents in Subsection (1)(b) are recorded in each county recorder’s office where the property is located.

Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of each county in which the property is located, a newly incorporated municipality may not: levy or collect a property tax on property within the municipality; levy or collect an assessment on property within the municipality; or charge or collect a fee for service provided to property within the municipality.

Section 10-2a-217(3)(b)Verify source

§ 10-2a-217(3)(b)(i)Subsection 10-2a-217(3)(b)(i)Provision

Source excerpt

The municipality may levy or collect a property tax on property within the municipality.

levy or collect a property tax on property within the municipality;

Section 10-2a-217(3)(b)(i)Verify source

§ 10-2a-217(3)(b)(ii)Subsection 10-2a-217(3)(b)(ii)Provision

Source excerpt

A municipality may levy or collect an assessment on property within the municipality.

levy or collect an assessment on property within the municipality; or

Section 10-2a-217(3)(b)(ii)Verify source

§ 10-2a-217(3)(b)(iii)Subsection 10-2a-217(3)(b)(iii)Provision

Source excerpt

A fee may be charged or collected for a service provided to property within the municipality.

charge or collect a fee for service provided to property within the municipality.

Section 10-2a-217(3)(b)(iii)Verify source

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Utah Code § 10-2a-217, 1997

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