17C-1-201 - Creation of agency -- Name change.
17C-1-201. Creation of agency -- Name change.
(1) A community may, by ordinance adopted by its legislative body, approve the creationof a community development and renewal agency.
(2) (a) The community legislative body shall:
(i) within 10 days after adopting an ordinance under Subsection (1), file with thelieutenant governor:
(A) 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
(B) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(ii) upon the lieutenant governor's issuance of a certificate of creation under Section67-1a-6.5, submit to the recorder of the county in which the agency is located:
(A) the original notice of an impending boundary action;
(B) the original certificate of creation;
(C) the original approved final local entity plat; and
(D) a certified copy of the ordinance approving the creation of the communitydevelopment and renewal agency.
(b) Upon the lieutenant governor's issuance of the certificate of creation under Section67-1a-6.5, the agency is created and incorporated.
(c) Until the documents listed in Subsection (2)(a)(ii) are recorded in the office of therecorder of the county in which the property is located, an agency may not receive or spend taxincrement funds.
(3) (a) An agency may approve a change in its name, whether to indicate it is acommunity development and renewal agency or otherwise, by:
(i) adopting a resolution approving a name change; and
(ii) filing with the lieutenant governor a copy of a notice of an impending name change,as defined in Section 67-1a-6.7, that meets the requirements of Subsection 67-1a-6.7(3).
(b) (i) Upon the lieutenant governor's issuance of a certificate of name change underSection 67-1a-6.7, the agency shall file with the recorder of the county in which the agency islocated:
(A) the original notice of an impending name change;
(B) the original certificate of name change; and
(C) a certified copy of the resolution approving a name change.
(ii) Until the documents listed in Subsection (3)(b)(i) are recorded in the office of thecounty recorder, the agency may not operate under the new name.
Amended by Chapter 350, 2009 General Session