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 ofincorporation.As a guide in determining the advisability of incorporating theterritory, the board or joint board of county commissioners shall considerthe following factors, among others:

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

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

      (3)   Area of platted land relative to unplatted and assessed value ofplatted 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 controlsin the area and the probable effect of the proposed action and ofalternative courses of action on the cost of adequacy of local governmentalservices and regulation in the area and in adjacent areas;

      (8)   Effect of the proposed action, and of alternative actions, onadjacent areas, and on the local governmental structure of the entire urbancommunity.

      If the territory or any part thereof is within five (5) miles of anexisting city, the board or joint board of county commissioners shall takeinto 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 theensuing ten (10) years, taking into consideration natural barriers andother reasons which might influence growth toward the territory;

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

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

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