15-121. Same; factors considered in determining advisability of incorporation.

15-121

Chapter 15.--CITIES OF THE THIRD CLASS
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS APPLICABLE TO CITIES OF THE THIRD CLASS
Article 1.--GENERAL PROVISIONS

      15-121.   Same; factors considered in determining advisability of incorporation. As a guide in determining the advisability of incorporating the territory, the board or joint board of county commissioners shall consider the following factors, among others:

      (1)   Population and population density of the area within the boundaries of the territory;

      (2)   Land area, topography, natural boundaries, and drainage basin;

      (3)   Area of platted land relative to unplatted and assessed value of platted land relative to assessed value of unplatted areas;

      (4)   Extent of business, commercial, and industrial development;

      (5)   Past expansion in terms of population and construction;

      (6)   Likelihood of significant growth in the area, and in adjacent areas, during the next ten (10) years;

      (7)   The present cost and adequacy of governmental services and controls in the area and the probable effect of the proposed action and of alternative courses of action on the cost of adequacy of local governmental services and regulation in the area and in adjacent areas;

      (8)   Effect of the proposed action, and of alternative actions, on adjacent areas, and on the local governmental structure of the entire urban community.

      If the territory or any part thereof is within five (5) miles of an existing city, the board or joint board of county commissioners shall take into consideration [:]

      (1)   The size and population of such city;

      (2)   Its growth in population, business and industry during the past ten (10) years;

      (3)   The extension of its boundaries during the past ten (10) years;

      (4)   The probability of its growth toward the territory during the ensuing ten (10) years, taking into consideration natural barriers and other reasons which might influence growth toward the territory;

      (5)   The willingness of the city to annex the territory and its ability to provide city services in case of annexation;

      (6)   The general effect upon the entire community, should there be additional cities in the area; all of these and other considerations having to do with the overall orderly and economic development of the area and to prevent an unreasonable multiplicity of independent municipal governments.

      History:   L. 1963, ch. 509, § 7; June 30.