10-2-413 - Feasibility consultant -- Feasibility study -- Modifications to feasibility study.
10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibilitystudy.
(1) (a) For a proposed annexation of an area located in a county of the first class, unless aproposed annexing municipality denies an annexation petition under Subsection10-2-407(3)(a)(i)(A) and except as provided in Subsection (1)(b), the commission shall chooseand engage a feasibility consultant within 45 days of:
(i) the commission's receipt of a protest under Section 10-2-407, if the commission hadbeen created before the filing of the protest; or
(ii) the commission's creation, if the commission is created after the filing of a protest.
(b) Notwithstanding Subsection (1)(a), the commission may not require a feasibilitystudy with respect to a petition that proposes the annexation of an area that:
(i) is undeveloped; and
(ii) covers an area that is equivalent to less than 5% of the total land mass of all privatereal property within the municipality.
(2) The commission shall require the feasibility consultant to:
(a) complete a feasibility study on the proposed annexation and submit written results ofthe study to the commission no later than 75 days after the feasibility consultant is engaged toconduct the study;
(b) submit with the full written results of the feasibility study a summary of the results nolonger than a page in length; and
(c) attend the public hearing under Subsection 10-2-415(1) and present the feasibilitystudy results and respond to questions at that hearing.
(3) (a) Subject to Subsection (4), the feasibility study shall consider:
(i) the population and population density within the area proposed for annexation, thesurrounding unincorporated area, and, if a protest was filed by a municipality with boundarieswithin 1/2 mile of the area proposed for annexation, that municipality;
(ii) the geography, geology, and topography of and natural boundaries within the areaproposed for annexation, the surrounding unincorporated area, and, if a protest was filed by amunicipality with boundaries within 1/2 mile of the area proposed for annexation, thatmunicipality;
(iii) whether the proposed annexation eliminates, leaves, or creates an unincorporatedisland or unincorporated peninsula;
(iv) whether the proposed annexation will hinder or prevent a future and more logicaland beneficial annexation or a future logical and beneficial incorporation;
(v) the fiscal impact of the proposed annexation on the remaining unincorporated area,other municipalities, local districts, special service districts, school districts, and othergovernmental entities;
(vi) current and five-year projections of demographics and economic base in the areaproposed for annexation and surrounding unincorporated area, including household size andincome, commercial and industrial development, and public facilities;
(vii) projected growth in the area proposed for annexation and the surroundingunincorporated area during the next five years;
(viii) the present and five-year projections of the cost of governmental services in thearea proposed for annexation;
(ix) the present and five-year projected revenue to the proposed annexing municipality
from the area proposed for annexation;
(x) the projected impact the annexation will have over the following five years on theamount of taxes that property owners within the area proposed for annexation, the proposedannexing municipality, and the remaining unincorporated county will pay;
(xi) past expansion in terms of population and construction in the area proposed forannexation and the surrounding unincorporated area;
(xii) the extension during the past 10 years of the boundaries of each other municipalitynear the area proposed for annexation, the willingness of the other municipality to annex the areaproposed for annexation, and the probability that another municipality would annex some or allof the area proposed for annexation during the next five years if the annexation did not occur;
(xiii) the history, culture, and social aspects of the area proposed for annexation andsurrounding area;
(xiv) the method of providing and the entity that has provided municipal-type services inthe past to the area proposed for incorporation and the feasibility of municipal-type servicesbeing provided by the proposed annexing municipality; and
(xv) the effect on each school district whose boundaries include part or all of the areaproposed for annexation or the proposed annexing municipality.
(b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume advalorem property tax rates on residential property within the area proposed for annexation at thesame level that residential property within the proposed annexing municipality would be withoutthe annexation.
(c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that thelevel and quality of governmental services that will be provided to the area proposed forannexation in the future is essentially comparable to the level and quality of governmentalservices being provided within the proposed annexing municipality at the time of the feasibilitystudy.
(4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth ofstudy of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant inconducting the feasibility study depending upon:
(i) the size of the area proposed for annexation;
(ii) the size of the proposed annexing municipality;
(iii) the extent to which the area proposed for annexation is developed;
(iv) the degree to which the area proposed for annexation is expected to develop and thetype of development expected; and
(v) the number and type of protests filed against the proposed annexation.
(b) Notwithstanding Subsection (4)(a), the commission may not modify the requirementthat the feasibility consultant provide a full and complete analysis of the items listed inSubsections (3)(a)(viii), (ix), and (xv).
(5) If the results of the feasibility study do not meet the requirements of Subsection10-2-416(3), the feasibility consultant may, as part of the feasibility study, makerecommendations as to how the boundaries of the area proposed for annexation may be altered sothat the requirements of Subsection 10-2-416(3) may be met.
(6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees andexpenses shall be shared equally by the proposed annexing municipality and each entity or groupunder Subsection 10-2-407(1) that files a protest.
(b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property ownersunder Subsection 10-2-407(1)(a)(ii), the county in which the area proposed for annexation shallpay the owners' share of the feasibility consultant's fees and expenses.
(ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners filea protest, the county and the proposed annexing municipality shall equally share the propertyowners' share of the feasibility consultant's fees and expenses.
Amended by Chapter 230, 2009 General Session