10-2-416 - Commission decision -- Time limit -- Limitation on approval of annexation.
10-2-416. Commission decision -- Time limit -- Limitation on approval ofannexation.
(1) Subject to Subsection (3), after the public hearing under Subsection 10-2-415(1) theboundary commission may:
(a) approve the proposed annexation, either with or without conditions;
(b) make minor modifications to the proposed annexation and approve it, either with orwithout conditions; or
(c) disapprove the proposed annexation.
(2) The commission shall issue a written decision on the proposed annexation within 30days after the conclusion of the hearing under Section 10-2-415 and shall send a copy of thedecision to:
(a) the legislative body of the county in which the area proposed for annexation islocated;
(b) the legislative body of the proposed annexing municipality;
(c) the contact person on the annexation petition;
(d) the contact person of each entity that filed a protest; and
(e) if a protest was filed under Subsection 10-2-407(1)(a)(ii) with respect to a proposedannexation of an area located in a county of the first class, the contact person designated in theprotest.
(3) Except for an annexation for which a feasibility study may not be required underSubsection 10-2-413(1)(b), the commission may not approve a proposed annexation of an arealocated within a county of the first class unless the results of the feasibility study under Section10-2-413 show that the average annual amount under Subsection 10-2-413(3)(a)(ix) does notexceed the average annual amount under Subsection 10-2-413(3)(a)(viii) by more than 5%.
Amended by Chapter 206, 2001 General Session