2006 Utah Code - 10-1-117 — Amending articles of incorporation -- Lieutenant governor certification -- Effective date.

     10-1-117.   Amending articles of incorporation -- Lieutenant governor certification -- Effective date.
     (1) A municipality may amend its articles of incorporation by filing amended articles with the lieutenant governor.
     (2) The lieutenant governor may not certify amended articles of incorporation unless they have been:
     (a) approved by the municipal legislative body; and
     (b) signed and verified by the mayor of the municipality.
     (3) (a) Within ten days after receiving amended articles of incorporation that comply with Subsection (2), the lieutenant governor shall:
     (i) certify the amended articles; and
     (ii) deliver a copy of the certified articles to:
     (A) the legislative body of the municipality; and
     (B) the clerk of the county in which the municipality is located.
     (b) If the lieutenant governor receives amended articles of incorporation reflecting a municipal annexation or boundary adjustment under Chapter 2, Part 4, Annexation, that also causes an automatic annexation to a local district under Section 17B-2-515.5 or an automatic withdrawal from a local district under Subsection 17B-2-601(2):
     (i) the lieutenant governor may not certify the municipality's amended articles or issue to the local district a certificate of annexation or withdrawal relating to the automatic annexation or withdrawal until the lieutenant governor receives both the municipality's amended articles of incorporation under Subsection 10-2-425(1)(b) and the local district's notice of annexation under Subsection 17B-2-514(2)(b) or notice of withdrawal under Subsection 17B-2-610(1)(b);
     (ii) within ten days after receiving both the municipality's amended articles of incorporation and the local district's notice of annexation or withdrawal, the lieutenant governor shall:
     (A) simultaneously:
     (I) certify the amended articles; and
     (II) issue a certificate of annexation or withdrawal, as the case may be;
     (B) send a copy of the certified amended articles to the legislative body of the municipality;
     (C) send a certificate of annexation or withdrawal to the local district; and
     (D) send a copy of the certified amended articles and certificate of annexation or withdrawal to:
     (I) the State Tax Commission;
     (II) the Automated Geographic Reference Center created under Section 63F-1-506;
     (III) the state auditor; and
     (IV) the attorney, auditor, surveyor, and recorder of each county in which any part of the area included in the municipal annexation is located.
     (4) Upon certification by the lieutenant governor, the amended articles shall take effect.
     (5) The lieutenant governor:
     (a) shall furnish a certified copy of the amended articles of incorporation to any person who requests a certified copy; and
     (b) may charge a reasonable fee for the certified copy.

Amended by Chapter 233, 2005 General Session