Section 203 - Filing of notice and plat relating to school district boundary changes including creation, consolidation, division, or dissolution -- Recording requirements -- Effective date.

UT Code § 53G-3-203 (2019) (N/A)
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(1) The county legislative body shall: (a) within 30 days after the creation, consolidation, division, or dissolution of a school district, file with 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) except in the case of a dissolution, 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 boundary action under Section 67-1a-6.5: (i) if the school district is or, in the case of dissolution, was located within the boundary of a single county, submit to the recorder of that county: (A) the original: (I) notice of an impending boundary action; (II) certificate of boundary action; and (III) except in the case of dissolution, approved final local entity plat; and (B) if applicable, a certified copy of the resolution approving the boundary action; or (ii) if the school district is or, in the case of a dissolution, was located within the boundaries of more than a single county: (A) submit to the recorder of one of those counties: (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action; and (B) submit to the recorder of each other county: (I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action.

(a) within 30 days after the creation, consolidation, division, or dissolution of a school district, file with 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) except in the case of a dissolution, a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and

(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) except in the case of a dissolution, 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 boundary action under Section 67-1a-6.5: (i) if the school district is or, in the case of dissolution, was located within the boundary of a single county, submit to the recorder of that county: (A) the original: (I) notice of an impending boundary action; (II) certificate of boundary action; and (III) except in the case of dissolution, approved final local entity plat; and (B) if applicable, a certified copy of the resolution approving the boundary action; or (ii) if the school district is or, in the case of a dissolution, was located within the boundaries of more than a single county: (A) submit to the recorder of one of those counties: (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action; and (B) submit to the recorder of each other county: (I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action.

(i) if the school district is or, in the case of dissolution, was located within the boundary of a single county, submit to the recorder of that county: (A) the original: (I) notice of an impending boundary action; (II) certificate of boundary action; and (III) except in the case of dissolution, approved final local entity plat; and (B) if applicable, a certified copy of the resolution approving the boundary action; or

(A) the original: (I) notice of an impending boundary action; (II) certificate of boundary action; and (III) except in the case of dissolution, approved final local entity plat; and

(I) notice of an impending boundary action;

(II) certificate of boundary action; and

(III) except in the case of dissolution, approved final local entity plat; and

(B) if applicable, a certified copy of the resolution approving the boundary action; or

(ii) if the school district is or, in the case of a dissolution, was located within the boundaries of more than a single county: (A) submit to the recorder of one of those counties: (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action; and (B) submit to the recorder of each other county: (I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action.

(A) submit to the recorder of one of those counties: (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action; and

(I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and

(II) if applicable, a certified copy of the resolution approving the boundary action; and

(B) submit to the recorder of each other county: (I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and (II) if applicable, a certified copy of the resolution approving the boundary action.

(I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and

(II) if applicable, a certified copy of the resolution approving the boundary action.

(2) (a) Upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5, the creation, consolidation, division, dissolution, or other change affecting the boundary of a new or existing school district that was the subject of the action has legal effect. (b) (i) As used in this Subsection (2)(b), "affected area" means: (A) in the case of the creation of a school district, the area within the school district's boundary; (B) in the case of the consolidation of multiple school districts, the area within the boundary of each school district that is consolidated into another school district; (C) in the case of the division of a school district, the area within the boundary of the school district created by the division; and (D) in the case of an addition to an existing school district, the area added to the school district. (ii) The effective date of a boundary action, as defined in Section 17-23-20, for purposes of assessing property within the school district is governed by Section 59-2-305.5. (iii) 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 school district may not levy or collect a property tax on property within the affected area.

(a) Upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5, the creation, consolidation, division, dissolution, or other change affecting the boundary of a new or existing school district that was the subject of the action has legal effect.

(b) (i) As used in this Subsection (2)(b), "affected area" means: (A) in the case of the creation of a school district, the area within the school district's boundary; (B) in the case of the consolidation of multiple school districts, the area within the boundary of each school district that is consolidated into another school district; (C) in the case of the division of a school district, the area within the boundary of the school district created by the division; and (D) in the case of an addition to an existing school district, the area added to the school district. (ii) The effective date of a boundary action, as defined in Section 17-23-20, for purposes of assessing property within the school district is governed by Section 59-2-305.5. (iii) 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 school district may not levy or collect a property tax on property within the affected area.

(i) As used in this Subsection (2)(b), "affected area" means: (A) in the case of the creation of a school district, the area within the school district's boundary; (B) in the case of the consolidation of multiple school districts, the area within the boundary of each school district that is consolidated into another school district; (C) in the case of the division of a school district, the area within the boundary of the school district created by the division; and (D) in the case of an addition to an existing school district, the area added to the school district.

(A) in the case of the creation of a school district, the area within the school district's boundary;

(B) in the case of the consolidation of multiple school districts, the area within the boundary of each school district that is consolidated into another school district;

(C) in the case of the division of a school district, the area within the boundary of the school district created by the division; and

(D) in the case of an addition to an existing school district, the area added to the school district.

(ii) The effective date of a boundary action, as defined in Section 17-23-20, for purposes of assessing property within the school district is governed by Section 59-2-305.5.

(iii) 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 school district may not levy or collect a property tax on property within the affected area.