17-3-3. Certification of returns — Governor’s proclamation of creation of new county — Notice and plat to lieutenant governor — Recording requirements — Effective date.
- (1) If it appears that any proposition submitted to the electors as provided in this chapter has been carried in the affirmative by a majority vote of the qualified electors residing in that portion of the county proposed as a new county, and also by a majority vote of the qualified electors residing in the remaining portion of that county:
- (a) the lieutenant governor, upon receiving the certified report under Section 20A-4-304, shall certify the result to the governor; and
- (b) upon receiving the results from the lieutenant governor under Subsection (1)(a), the governor shall issue a proclamation, stating:
- (i) the result of the vote in each division of the county;
- (ii) the name and boundaries of the new county;
- (iii) the boundaries of the original county as changed by the creation of the new county;
- (iv) that the creation of the new county will take effect on the first Monday in January following the lieutenant governor’s issuance of a certificate of creation under Section 67-1a-6.5;
- (v) the name proposed in the petition as the name of the new county; and
- (vi) the judicial district to which the new county belongs.
- (2) The legislative body of the county from which the greatest portion of the new county was taken shall:
- (a) within 30 days after the issuance of the governor’s proclamation under Subsection (1), send to the lieutenant governor:
- (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
- (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
- (b) upon the lieutenant governor’s issuance of a certificate of creation under Section 67-1a-6.5, submit to the recorder of the new county:
- (i) the original notice of an impending boundary action;
- (ii) the original certificate of creation;
- (iii) the original approved final local entity plat; and
- (iv) a certified copy of the governor’s proclamation under Subsection (1).
- (a) within 30 days after the issuance of the governor’s proclamation under Subsection (1), send to the lieutenant governor:
- (3)
- (a) The new county that is the subject of the lieutenant governor’s certificate of creation under Section 67-1a-6.5 is a county of the state from and after 12 noon of the first Monday in January following the issuance of the lieutenant governor’s certificate of creation.
- (b)
- (i) The effective date of the creation of a new county for purposes of assessing property within the county is governed by Section 59-2-305.5.
- (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the recorder of the new county, the new county may not:
- (A) levy or collect a property tax on property in the county;
- (B) levy or collect an assessment on property in the county; or
- (C) charge or collect a fee for service provided to property within the county.
Amended by Chapter 350, 2009 General Session