H.B. 191 Enrolled

LOCAL GOVERNMENT LAW AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Martin R. Stephens
AN ACT RELATING TO THE MUNICIPAL CODE; MODIFYING THE CRITERIA AS TO
WHEN A CITY IS CONCLUSIVELY PRESUMED TO BE LAWFULLY INCORPORATED;
AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-2-122, as enacted by Chapter 389, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-2-122 is amended to read:
10-2-122. When incorporation complete -- Incorporation presumed conclusive.
(1) A city is incorporated upon the lieutenant governor's certification of the city's articles
of incorporation under Subsection 10-2-119 (3)(a).
(2) Notwithstanding any other provision of law, a city shall be conclusively presumed to
be lawfully incorporated and existing if for two [or more] years following the city's incorporation:
(a) (i) the city has levied and collected a property tax; [and] or
(ii) for a city incorporated on or after July 1, 1998, the city has imposed a sales and use tax;
and
(b) no challenge to the existence or incorporation of the city has been filed in the district
court for the county in which the city is located.