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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-3-1 By petition - Election - Ballots.
Whenever any number of the qualified electors of any portion of any county desire to have the territory within which they reside created into a new county they may petition therefor the county legislative body of the county in which they reside. Such petition must be signed by at least 1/4 of the qualified electors as shown by the registration list of the last preceding general election, residing in that portion of the county to be created into a new county, and by not less than 1/4 of the qualified electors residing in the remaining portion of said county. Such petition must be presented on or before the first Monday in May of any year, and shall propose the name and define the boundaries of such new county. The county legislative body must cause the proposition to be submitted to the legal voters residing in the county at a special election to be held in the month of July next following, first causing 30 days' notice of such election to be given in the manner provided by law for giving notice of general elections. Such election shall be held, the result thereof canvassed, and returns made under the provisions of the general election laws. The form of ballot to be used at such election shall be:
For the creation of (supplying the name proposed) county.
Against the creation of (supplying the name proposed)
county.
1993
17-3-2 Election returns transmitted to lieutenant governor.
As soon as the returns of the vote upon such proposition
have been canvassed by the county board of canvassers the
county clerk must make a certified abstract thereof, seal
up such abstract, endorse it "election returns," and without
delay transmit it, together with a certified copy of the
petition provided for in Section
17-3-1
by registered mail to the lieutenant governor.
1984
17-3-3 Certification of returns - Governor's proclamation of creation of new county - Name - Judicial district - Notice to State Tax Commission.
(1) The certified abstract of returns under Section 17-3-2 shall be filed in the office of the lieutenant governor, who shall certify the result to the governor.
(2) 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, the governor shall issue a proclamation, stating:
(a) the result of the vote in each division of the county;
(b) the name and boundaries of the new county;
(c) the boundaries of the original county as changed by the creation of the new county;
(d) that the creation of the new county will take effect on the first Monday in January following;
(e) the name proposed in the petition as the name of the new county; and
(f) the judicial district to which the new county belongs.
(3) (a) Within 30 days after the issuance of the governor's proclamation under Subsection (2), the legislative body of the county from which the greatest portion of the new county was taken shall send a notice to the State Tax Commission.
(b) Each notice under Subsection (3)(a) shall include:
(i) a copy of the governor's proclamation;
(ii) a certification that all necessary legal requirements relating to the creation of the new county have been completed; and
(iii) a map or plat that delineates an accurate metes and bounds description of the new county.
(4) The new county that is the subject of the governor's
proclamation under Subsection (2) shall be a county of the
state from and after 12 noon of the first Monday in January
following the issuance of the governor's proclamation.
2002
17-3-4 County seat, selection by election - First officers - Election.
Whenever a new county shall have been created under the
provisions of this chapter, the county legislative body of
the county from which territory has been taken to create
such new county shall provide for an election to select a
county seat therefor and to elect officers for the new county;
provided, that whenever the petitions provided for in this
chapter shall be presented to any county legislative body
during a year when no general election is held they shall
call a special election to select a county seat and county
officers for such new county, such election to be held on
the first Tuesday after the first Monday of November following
and to be conducted under the laws providing for general
elections. The city or town receiving the largest number
of votes therefor shall be the county seat of the new county.
1993
17-3-5 Records to be transmitted - Expenses for transcribing and transfer.
Whenever a new county shall have been created under the provisions of this chapter, the county executive of the county from which the new county has been taken shall furnish to the respective officers of the new county, in form and on suitable paper for binding into permanent records, certified copies of all such records or parts of such records and books as pertain to or affect the title of real or personal property in such new county; such copies to be complete up to twelve o'clock noon of the first Monday in January following the election for the creation of such new county; provided, that original records, books, maps or plats, whether filed or recorded, or filed papers which exclusively relate to or affect the title to land in such new county or which affect personal property owned by residents of such new county, as shown by the records pertaining thereto, shall be transferred to the custody of the proper officer of the new county, who shall give his receipt therefor; and where any record of any county from which such new county is taken has been compiled or arranged in such manner that it may be divided by segregating such instruments therein or pages thereof as to relate to or affect exclusively the title to lands in such new county or personal property owned by residents thereof, such record shall be so divided, and the separate parts of such divided or segregated records shall be the property of the counties to which they relate.
The records of all corporations whose principal place of business is situated in the new county, unless recorded in such a manner that the original record pertaining to any such corporation may, as herein provided, be delivered over to the new county, shall be copied and certified, and such certified copy of copies, together with all original documents, files and papers relating to such corporations shall be transmitted to the new county.
All recorded official bonds of officers within the new county in force at the time it is created, unless recorded in such manner that the original record thereof may be transferred, shall be copied, certified and transmitted to the new county, and all bonds of local officers within the new county which are required by law to be filed only shall be transferred to the new county.
All official registers, books, papers and files of every description relating to or affecting elections, both general and local, which shall have been held in any district, precinct or other subdivision wholly within such new county, and certified copies of the last election proceedings had in any districts which are partly in the new county and partly in the old county shall be transmitted to the new county.
All records, maps, plats, files and papers relating to or affecting the creation, regulation and operation of irrigation, drainage and mosquito abatement districts which are wholly within the new county, and certified copies of such records, maps, plats, files and papers relating to and affecting the creation, regulation and operation of irrigation, drainage and mosquito abatement districts which are partly in the new and partly in the old county shall be transmitted to the new county.
All expenses lawfully incurred for transcribing and for
the transfer of records provided for in this section shall
be paid out of the general funds of the new county, and the
expenses of any special election provided for in this chapter
shall be paid one-half out of the general funds of the county
from which territory is taken and one-half out of the general
funds of the new county.
1993
17-3-6 Effect on precincts and school and other districts - Indebtedness.
All precincts, school districts, road districts, and election
districts, as they existed prior to the creation of such
new county, shall continue and become precincts, school districts,
road districts, and election districts of such new county,
and the respective officers thereof shall hold office until
the expiration of the several terms for which they were elected
or appointed; provided, that wherever pursuant to the provisions
of this chapter any precinct, school district, road district,
or election district shall be divided the same shall be by
reason thereof disorganized, and the property and territory
embraced therein shall be subject to the action of the county
legislative body of the respective counties as to reorganization
thereof or adding the same to other like subdivisions already
organized; provided further, that any bonded or other indebtedness
of any such school district so divided shall attach to and
become the obligation of the district that shall be created
out of the territory that shall retain the buildings and
other property of the original district or to the district
to which the same may be added; and all bonded or other indebtedness
of the county from which territory is taken shall attach
to and become the obligation of such county.
1993
17-3-7 Pending civil and criminal actions.
All civil and criminal actions which shall be pending
in the territory embraced in such new county shall be prosecuted
to judgment and execution therein, and all actions pending
in the district court in any county shall be prosecuted to
judgment and execution in the county in which the same are
pending, subject to change of venue as provided by law.
1953
17-3-8 Prior offenses.
All offenses theretofore committed in such new county
in which prosecution shall not have been commenced may be
prosecuted to judgment and execution in such new county.
1953
17-3-9 Division of taxes.
Whenever a new county shall be created under the provisions
of this chapter and the officers thereof shall have duly
qualified the county treasurer of the county from which territory
has been taken to create such new county shall furnish to
the county treasurer of such new county a certified list
of all taxes collected by him for the preceding year upon
the property located within such portion of his county as
has become a part of such new county, together with the entire
amount of such county, district school or other special taxes
by him collected for such preceding year, less the pro rata
cost of assessing and collecting the same and the entire
cost of making said certified lists.
1953
