§ 10-2a-217 — 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.

(1) The mayor of the future municipality shall:

(1)(a) 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:
(1)(a)(i) 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
(1)(a)(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(1)(b) upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5:
(1)(b)(i) if the municipality is located within the boundary of a single county, submit to the recorder of that county the original:

(1)(b)(i)(A) notice of an impending boundary action;
(1)(b)(i)(B) certificate of incorporation; and
(1)(b)(i)(C) approved final local entity plat; or
(1)(b)(ii) 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.
(2) (2)(a) 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.
(2)(b) 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:
(2)(b)(i) (2)(b)(i)(A) the municipality has levied and collected a property tax; or
(2)(b)(i)(B) for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and
(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.
(3) (3)(a) The effective date of an incorporation for purposes of assessing property within the new municipality is governed by Section 59-2-305.5.
(3)(b) 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:
(3)(b)(i) levy or collect a property tax on property within the municipality;
(3)(b)(ii) levy or collect an assessment on property within the municipality; or
(3)(b)(iii) charge or collect a fee for service provided to property within the municipality.

Legislative History

Amended by Chapter 165, 2019 General Session