(1) The council may create the Utah Energy Infrastructure Service District by adopting a resolution that: (a) declares the council's intent to create the district; (b) describes the service area, including the geographic boundaries of the area within which the district will operate; and (c) identifies the type of energy infrastructure facility proposed or located within the service area. (2) No later than 30 days after adopting a resolution under Subsection (1), the council shall file with the lieutenant 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 Section 67-1a-6.5; and (b) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5, depicting the service area boundary. (3) The district is created and exists as a legal entity upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5. (4) Upon creation, the district: (a) is a body politic and corporate with perpetual succession; (b) is a political subdivision of the state; (c) is separate and distinct from the state and from any other political subdivision of the state; and (d) may sue and be sued. (5) The debts, obligations, and liabilities of the district: (a) are the debts, obligations, and liabilities of the district alone; and (b) are not the debts, obligations, or liabilities of the state or any other political subdivision of the state. (6) Notwithstanding Chapter 1, Part 2, Creation of a Special District, the district: (a) may only be created as provided in this section; and (b) is not subject to the petition and creation requirements of Sections 17B-1-203 through 17B-1-214. (7) Following the issuance of a certificate of incorporation under Subsection (3), the board shall annually register the district with the lieutenant governor in accordance with Section 67-1a-15.
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