Current through the 2024 Fourth Special Session
Section 10-2-416 - Commission decision - Time limit - Limitation on approval of annexation(1)(a) Subject to Subsections (1)(b) and (3), after the public hearing under Subsection 10-2-415(1) the boundary commission may: (i) approve the proposed annexation, either with or without conditions;(ii) make minor modifications to the proposed annexation and approve it, either with or without conditions; or(iii) disapprove the proposed annexation.(b) If a legislative body or governing board of an affected entity files a timely protest to the annexation petition in accordance with Section 10-2-407, the boundary commission, in making a decision under Subsection (1)(a), shall consider and weigh the preferences, to the extent made known during the boundary commission's proceedings, of: (i) the person or persons who submitted the annexation petition; and(ii) any property owner who has timely filed a protest in accordance with Section 10-2-407.(2) The commission shall issue a written decision on the proposed annexation within 30 days after the conclusion of the hearing under Section 10-2-415 and shall send a copy of the decision to: (a) the legislative body of the county in which the area proposed for annexation is located;(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)(c) with respect to a proposed annexation of an area located in a county of the first class, the contact person designated in the protest.(3) Except for an annexation for which a feasibility study may not be required under Subsection 10-2-413(1)(b), the commission may not approve a proposed annexation of an area located within a county of the first class unless the results of the feasibility study under Section 10-2-413 show that the average annual amount under Subsection 10-2-413(3)(a)(ix) does not exceed the average annual amount under Subsection 10-2-413(3)(a)(viii) by more than 5%.Amended by Chapter 478, 2023 General Session ,§ 7, eff. 5/3/2023.Amended by Chapter 352, 2015 General Session ,§ 15, eff. 5/12/2015.Amended by Chapter 206, 2001 General Session