2006 Utah Code - 67-1a-6.5 — Lieutenant governor certification of governmental entity creation, consolidation, division, dissolution, or boundary change.

     67-1a-6.5.   Lieutenant governor certification of governmental entity creation, consolidation, division, dissolution, or boundary change.
     (1) As used in this section:
     (a) "AGRC" means the Automated Geographic Reference Center created under Section 63F-1-506.
     (b) "Boundary change" means the adjustment of an entity's boundary either through gaining territory (annexation), losing territory (withdrawal), adjusting the common boundary with an adjacent entity (may gain territory, lose territory, or a combination of both gaining and losing territory), or any other adjustment of the entity's boundary.
     (c) "Consolidation" means the combining of two or more entities into a single entity such that the consolidated entity's boundary contains all of the territory of the original entities, but no additional territory.
     (d) "County attorney" means the county attorney of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.
     (e) (i) "County auditor" means the county auditor of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.
     (ii) If the county does not have a county auditor, "county auditor" means the county clerk or other government official acting as the county auditor.
     (f) "County recorder" means the county recorder of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.
     (g) "County surveyor" means the county surveyor of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.
     (h) "Creation" means the forming of a new entity where that entity did not exist before its creation.
     (i) "Dissolution" means the disbandment of an entity.
     (j) "Division" means the dividing of one entity into two or more entities such that the original entity's boundary contains all of the territory of the resultant entities, but no additional territory.
     (k) "Entity" means the entity that is created, consolidated, divided, dissolved, or whose boundary is changed.
     (l) "Initiating body" means the county legislative body, municipal legislative body, special district board, local district board, court, public official, or other authorized person that initiates the creation, dissolution, consolidation, or boundary change of an entity or entities.
     (m) "Notice of entity boundary change" means the notice the lieutenant governor receives under Subsection 10-1-116(1), 10-2-419(4), 10-2-425(1), 10-2-507(1), 17-2-9(2), 17-2-13(3), 17-50-104(3), 17-50-105(1)(b) or (2)(e), 17A-2-1327(4), 17B-2-514(2), 17B-2-516(6), 17B-2-610(1), or 53A-2-101.5(1) of an entity's pending boundary change.
     (n) "Notice of entity consolidation" means the notice the lieutenant governor receives under Section 10-2-610 or Subsection 10-1-116(1) or 17-2-4(2) of entities' pending consolidation.
     (o) "Notice of entity creation" means the notice the lieutenant governor receives under

Subsection 10-1-116(1), 10-2-119(1), 10-2-125(6), 11-13-204(4), 11-13-205(6), 17A-2-1311(2), 17B-2-215(1), 17C-1-201(2), or 53A-2-101.5(1) of an entity's pending creation.
     (p) "Notice of entity dissolution" means the notice the lieutenant governor receives under Subsection 10-1-116(1), 10-2-712(2), 17A-2-1329(3), 17B-2-708(4), or 17C-1-701(2)(a) of an entity's pending dissolution.
     (q) "Notice of entity division" means the notice the lieutenant governor receives under Subsection 17-3-3(3) of an entity's pending division.
     (r) "Notice of intention to file articles of incorporation" means the notice the lieutenant governor receives under Subsection 10-2-120(1).
     (s) "Lieutenant governor" means the lieutenant governor created in Article VII, Section 1 of the Utah Constitution.
     (t) "State auditor" means the state auditor created in Article VII, Section 1 of the Utah Constitution.
     (u) "State Tax Commission" means the State Tax Commission created in Article XIII, Section 6 of the Utah Constitution.
     (2) Within ten days after receiving a notice of entity creation, the lieutenant governor shall:
     (a) issue a certificate of entity creation;
     (b) (i) send a copy of the certificate issued under Subsection (2)(a) and a copy of the notice of entity creation, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and
     (ii) send a copy of the certificate issued under Subsection (2)(a) to the state auditor; and
     (c) send to the initiating body a copy of the certificate issued under Subsection (2)(a) and a statement indicating completion of Subsection (2)(b).
     (3) Within ten days after receiving a notice of intention to file articles of incorporation, the lieutenant governor shall:
     (a) issue a certificate indicating receipt of a notice of intention to file articles of incorporation;
     (b) (i) send a copy of the certificate issued under Subsection (3)(a) and a copy of the notice of intention to file articles of incorporation, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and
     (ii) send a copy of the certificate issued under Subsection (3)(a) to the state auditor; and
     (c) send to the initiating body a copy of the certificate issued under Subsection (3)(a) and a statement indicating completion of Subsection (3)(b).
     (4) Within ten days after receiving a notice of entity consolidation, the lieutenant governor shall:
     (a) issue a certificate of entity consolidation;
     (b) (i) send a copy of the certificate issued under Subsection (4)(a) and a copy of the notice of entity consolidation to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and
     (ii) send a copy of the certificate issued under Subsection (4)(a) to the state auditor; and
     (c) send to the initiating body and the entities being consolidated, if different from the initiating body, a copy of the certificate issued under Subsection (4)(a) and a statement indicating completion of Subsection (4)(b).

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     (5) Within ten days after receiving a notice of entity division, the lieutenant governor shall:
     (a) issue a certificate of entity division;
     (b) (i) send a copy of the certificate issued under Subsection (5)(a) and a copy of the notice of entity consolidation, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and
     (ii) send a copy of the certificate issued under Subsection (5)(a) to the state auditor; and
     (c) send to the initiating body a copy of the certificate issued under Subsection (5)(a) and a statement indicating completion of Subsection (5)(b).
     (6) Within ten days after receiving a notice of entity dissolution, the lieutenant governor shall:
     (a) issue a certificate of entity dissolution;
     (b) (i) send a copy of the certificate issued under Subsection (6)(a) and a copy of the notice of entity dissolution to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and
     (ii) send a copy of the certificate issued under Subsection (6)(a) to the state auditor; and
     (c) send to the initiating body and the entity being dissolved, if different than the initiating body, a copy of the certificate issued under Subsection (6)(a) and a statement indicating completion of Subsection (6)(b).
     (7) Within ten days after receiving a notice of entity boundary change, the lieutenant governor shall:
     (a) issue a certificate of entity boundary change;
     (b) send a copy of the certificate issued under Subsection (7)(a) and a copy of the notice of entity boundary change, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and
     (c) send to the initiating body or bodies, and each entity whose boundary is changed, if different than the initiating body, a copy of the certificate issued under Subsection (7)(a) and a statement indicating completion of Subsection (7)(b).
     (8) (a) The lieutenant governor shall keep, index, maintain, and make available to the public certificates, notices, maps, and other documents necessary in performing the duties of Subsections (2) through (7).
     (b) The lieutenant governor shall furnish a certified copy of documents to any person who requests a certified copy.
     (c) The lieutenant governor may charge a reasonable fee for copies of documents or certified copies of documents.

Amended by Chapter 359, 2006 General Session