What is The Study We Keep Hearing About?

At the last meeting regarding annexation the number one concern of residents was, "what will the financial impact  be to me personally."

Financial feasibility is a concern on every level when an annexation is considered.  What will the property tax impact be?  Will the impact to the city cost current residents a tax increase?  Will the city be able to absorb the impact without placing itself in financial jeopardy?  How will these changes impact the county budget? These are all questions that need to be answered before the county, Willard city and South Willard residents can make an informed decision on annexation.  The county has funded a study of these questions so that there will be definitive answers based on facts. Information has to be gathered from tax records, from Willard City, from the county and projections of growth in income and population have to be calculated. This is a many faceted, time consuming process. 

Any meeting to share information with residents before the completion of the financial feasibility study would be premature as that study holds the answers to the most pressing questions residents had at the last meeting.  

  

What Happened with the Funding of the Special Service District

We are all part of multiple tax districts created for a specific service.  Districts can provide services such as flood control, mosquito abatement, water, cemetery. You can find what districts you live in listed on your tax statement.  You are charged a tax to fund the service each district provides.

In an effort toward self governance, Box Elder County created a district in South Willard called the South Willard Bay Special Service District.  The services the county allowed to be included in the district were sewerage, drainage, garbage, health care, transportation, recreation, fire protection, emergency medical and ambulance, street lighting, animal shelter and control.  The County tried to include all services a city would typically take care of in an effort to help South Willard move toward self governance.

How to Annex

In order to annex, there must be a petition from South Willard residents to Willard City.

In order for the petition to be valid it must be signed by people representing 51% of the acreage to be annexed AND 33% of the total land value to be annexed.

Willard City will then have to accept the annexation request.

The County has a study in progress to show the financial feasibility for both South Willard residents and for Willard City. It might come back that that the annexation isn't a sound financial decision for the city and it won't happen.  When this study is complete it will be presented to South Willard residents so that we can make an informed choice on the annexation.

In theory, it is entirely possible that South Willard could petition for the annexation and be rejected by Willard City.

There is no vote on annexation. It is done by petition.  Here is a section from Utah Title 10 Chapter 2 Section 403 regarding annexation petitions:

"There will be no public election on the proposed annexation because Utah law does not provide for an annexation to be approved by voters at a public election. Signing or not signing the annexation petition is the method under Utah law for the owners of property within the area proposed for annexation to demonstrate their support of or opposition to the proposed annexation."


You can read Utah law on the annexation process here.  Utah Code/Constitution

A Bit About Sewer

Another disclaimer:  We didn't even think about sewer when we built 15 years ago.  It probably wouldn't have changed how our house was built, but it might have.  We have 2/3 of an acre and our sewer is on the back part of the lot, furthest from the street.  My best guess is that when (not if) sewer comes to South Willard, most of our landscaping will have to be torn out, our trench to the street will cost us thousands, maybe many thousands by the time sewer arrives because of the length and the depth. I'm not looking forward to that day of destruction to the yard or our pocket book.

Growth Explosion

 We moved to South Willard because we wanted to live somewhere without sidewalks because that seemed to define the kind of area we wanted to raise our children in.  We couldn't afford a farm but we loved the farming atmosphere of Willard, the rural, quiet life.  I don't want to see growth come and I'm saddened by the idea of traffic and congestion and commercial development. I applied to be a part of the Citizens Committee so that my voice could be heard in keeping the rural goodness of this area.  But one thing I've learned is that my not wanting it to happen will not stop it.  We can protest, stomp our feet and show up en mass to meetings but if the developer works within the zoning laws we cannot stop it.

Zoning and Growth

One of the functions of government is to control zoning and development.  Whenever there is word of a new development coming to South Willard,  many residents become concerned with issues like density, open space parks and trails or sewer.  Because South Willard is not incorporated there is no local governing body

Why Annexation?

Zoning and Enforcement

Being a part of Willard City and their zoning laws would allow for open space and parks and local control over new growth.  Here is an example:

In South Willard we've only seen 1/2 acre or larger lots.  This is not because of the South Willard plan, it is because of zoning put into place to accommodate septic tanks.  Utah Law requires 1/2 acre minimum for septic tanks.

 The South Willard plan calls for 1/2 acre lots OR a Planned Unit Development Zone (P.U.D.) that would

allow for higher density in exchange for open space (think trails or a park).  When this was put into the plan we fully realized that in order to increase the density any development would be bringing sewer to their development.  It's uncommon for 1/2 acre lots to be developed in areas with sewer, the costs of sewer are too high to be offset with so many fewer users. It is also a common practice for developers to fund some or all of  the costs of things like sewer in exchange for higher density.

With that background, imagine a developer of a large tract of land comes to the County and says, "Eventually you'll have to have sewer in South Willard, right?  Well we are willing to pay out of our own pocket to up size and run the sewer line in South Willard in exchange for being able to build on 1/4 acre lots."    In essence, funding the sewer changes the conditions so that the higher density zoning is available.  While the county can suggest the developer use a P.U.D. the county has no control and no enforcement. Once the sewer is available higher density is too and the County will grant it because the zone requirements have been met.

Now same scenario as a part of Willard City.  Willard City has zoning already in place, they are already in the sewer business and they control the water to any new development which gives them enforcement.  At this point the developer is dealing with the owners of the sewer system, and an entity that can use the leverage of water to negotiate.  So the same arrangement could end with a new South Willard park and the start of a trails system because there is enforcement and must be a give and take until both parties are in agreement.  This is very simplified but unlike the County, which isn't in the business of municipalities, Willard City is.  That's what makes this second scenario better.

Sewer

This is a dirty word in rural Utah and most likely in South Willard as well.  We all spent thousands of dollars for a septic tank to be installed so the idea of paying to connect to sewer doesn't sit well.

Sewer WILL NOT COME as a result of annexation.  Willard City does not have funds, or plans for that matter, to put in main lines in South Willard.  Their original funding was only for lines needed in the Willard Area.  Sewer will come when development pushes it and it becomes mandated by the Health Department because of availability or over saturation of septic tanks.  When that time comes we will either be part of Willard City and part owners in a sewer system or we will be paying customers of the Willard Sewer System.  When the mandate for sewer comes we will not have a choice, but we do have a choice now to plan ahead to be owners in a system, thereby lowering our costs, or to sit by and wait to be come the customers that fund Willard's system.

Dollars wise, annexation now before the sewer is mandated by government is the smartest, cheapest choice.

Representation
Those who decide the future of South Willard would be from South Willard.  We are currently represented by the County Commission, who must take into account the best good of the County, not just of South Willard.  We've discussed as a community how we could get local control to govern and annexation would provide that.  Initially there would probably  several people appointed to the Willard City Council to give South Willard representation, then regular municipal elections would be held to fill those seats, but the representation would be our own.