2-13.10 FEASIBILITY CONSULTANT

FEASIBILITY STUDY AND MODIFICATIONS TO FEASIBILITY STUDY A. If at its next regular meeting after expiration of the deadline prescribed by subsection 2-13.9(B)(1) above, the Cleveland Town Council does not deny the annexation petition, the boundary commission shall not require a feasibility study with respect to a proposed annexation that meets the following criteria: 1. The annexation petition proposes the annexation of an area that is undeveloped; and 2. The area proposed for annexation covers an area that is equivalent to less than 5 percent of the total land mass of all private real property within the municipality. B. 1. If at its next regular meeting after expiration of the deadline prescribed by subsection 2-13.9(B)(1) above, the Cleveland Town Council does not deny the annexation petition, and the proposed annexation does not meet the criteria of subsection (A)(1) and (2) above, the boundary commission shall select and engage a feasibility consultant within forty-five (45) days of: a. the boundary commission’s receipt of a protest, if the boundary commission had been created before the filing of the protest; or b. the boundary commission’s creation, if the boundary commission is created after the filing of a protest. 2. The boundary commission shall require the feasibility consultant to: a. complete a feasibility study on the proposed annexation and submit written results of the study to the boundary commission no later than seventy-five (75) days after the feasibility consultant is engaged to conduct the study; and b. submit with the full written results of the feasibility study a summary of the results no longer than one page in length; and c. attend the public hearing required by subsection 215.9(A) and present the feasibility study results and respond to questions at that hearing. 3. a. Subject to any modifications granted by the boundary commission, pursuant to subsection (b), the feasibility study shall consider criteria as outlined in Utah State law set forth in Sections 10-2-401 through 10-2-428, inclusive, (Utah Code Annotated, 1953 as amended). C. Within ten (10) days of the boundary commission’s receipt of the notice pursuant to subsection (B)(2) above, the boundary commission shall engage the feasibility consultant that conducted the feasibility study to supplement the feasibility study to take into account the information in the modified annexation petition that was not included in the original annexation petition. D. The boundary commission shall require the feasibility consultant to complete the supplemental feasibility study and to submit written results of the supplemental study to the boundary commission no later than thirty (30) days after the feasibility consultant is engaged to conduct the supplemental feasibility study.