2006 Utah Code - 17B-2-215 — Notice to lieutenant governor -- Certificate of incorporation -- Local district incorporated -- Incorporation presumed conclusive.

     17B-2-215.   Notice to lieutenant governor -- Certificate of incorporation -- Local district incorporated -- Incorporation presumed conclusive.
     (1) The responsible body shall file a notice with the lieutenant governor within ten days after:
     (a) the canvass of an election under Section 17B-2-214, if a majority of those voting at the election within the proposed local district as a whole vote in favor of the creation of a local district;
     (b) certification of a petition as to which the election requirement of Subsection 17B-2-214(1) does not apply because of Subsection 17B-2-214(3)(a) or (b); or
     (c) adoption of a resolution under Subsection 17B-2-213(4) approving the creation of a local district for which an election was not required under Subsection 17B-2-214(3)(c), by the legislative body of each county whose unincorporated area is included within and the legislative body of each municipality whose area is included within the proposed local district.
     (2) The area of each local district shall consist of:
     (a) if an election was held under Section 17B-2-214, the area of the new local district as approved at the election;
     (b) if an election was not required because of Subsection 17B-2-214(3)(a) or (b), the area of the proposed local district as described in the petition; or
     (c) if an election was not required because of Subsection 17B-2-214(3)(c), the area of the new local district as described in the resolution adopted under Subsection 17B-2-213(4).
     (3) In each notice under Subsection (1) the responsible body shall:
     (a) if the notice follows an election under Section 17B-2-214 certify the results of the election;
     (b) describe the boundaries of the new local district with an accurate map or plat showing the boundaries delineated in Subsection (2), prepared and certified by a licensed surveyor and filed with the county surveyor in accordance with Section 17-23-17; and
     (c) certify that all requirements for the creation of a local district have been complied with.
     (4) Within ten days after receiving the notice under Subsection (1), the lieutenant governor shall issue a certificate of incorporation for the new local district and send a copy of the certificate to the responsible body.
     (5) Upon the lieutenant governor's issuance of the certificate of creation under Section 67-1a-6.5, the local district is created and incorporated.
     (6) A local district shall be conclusively presumed to be lawfully incorporated if no challenge to the existence or incorporation of the local district is filed in district court within 90 days after the lieutenant governor issues a certificate of creation.

Amended by Chapter 233, 2005 General Session