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Are Annexation and Freedom Compatible? Annexation and freedom issues are coming to a head in South Willard

Monday, June 30, 2014 - 2:45pm
Jim Mackley

South Willard is an un-incorporated part of Box Elder County between incorporated Willard City, Utah, and the Weber County line.  It is almost identical in population and land mass as Willard City with each area having about 1,800 residents.  A committee of about 12 residents of South Willard was commissioned about 10 years ago by Box Elder County to provide input for a South Willard part of the Box Elder County plan.  That same committee has a “residue” (annexation committee) of about 6 or 7 people that have proposed continuing the annexation of South Willard by Willard City, according to Kent Davis, original co-chair of the committee.  Davis says that not all members of the Annexation committee are committed to completing annexation at this time.

The Sentinel News asked the question as to whether annexation and freedom are compatible at this time for the residents of South Willard.  Opinions vary.  Kent Davis thinks so, while South Willard resident, Zeke Marshall, does not.  The Sentinel News interviewed Mr. Davis in his role as proponent for annexation, not in his role as ecclesiastical leader for The Church of Jesus Christ of Latter Day Saints in the Willard/South Willard area.  Others are also involved in considering this issue.  According to Scott Lyons of the Box Elder Planning and Zoning Department, the annexation committee approached Box Elder County commissioners several years ago to request assistance with their annexation proposal.  Box Elder County agreed to help facilitate the process and help with gathering information.  In May of 2013, Commissioner Ryan Tingey (former Mayor of Willard City) facilitated a meeting in which information about potential annexation was presented and questions were brought forward by citizens.

As a result of the 2013 informational meeting, Box Elder County contracted with Zion’s Bank to do a feasibility study regarding the proposed annexation.  Scott Lyons of Box Elder County says that normally the Planning and Zoning Department, of which he is the head, does not get involved in the annexation process until after the fact. However, Box Elder County had agreed to assist with the process per the Annexation Committee’s request, but not the final determination, since the County is basically neutral regarding annexation or not, and because the proposed annexation is so large.  The areas (called A & B) are large geographic areas including both subdivisions and agricultural land.  Of note, is that one area has no current residents.  It is the federal land east of Willard to the County line.

On May 29th of this year, the Annexation Committee held an informational meeting at Willard City Hall.  The Committee promoted the annexation and made a petition for annexation available for signature.  Ms. Suzie Becker of Zion’s Bank presented the feasibility study which indicated that South Willard residents would pay about an additional $180 per year in taxes for each $200,000 of their property value if the annexation were completed.  Willard City residents might have their taxes reduced a few dollars if approved by the Willard City Council.  Willard City’s mayor, Kenneth Braegger, was promoting annexation, and subsequently clarified that he is promoting only the process at this time because as of June 18th, 2014, a petition had not been submitted to Willard City according to State requirements.  Once, and if, that happens, then Willard City Council would have to vote in the affirmative to accept South Willard for annexation to occur.

During the May 29th meeting, one of the women on the Annexation Committee mentioned that annexation was needed to exercise legal control.  Subsequently, Kent Davis discussed his philosophy of control, but Mayor Braegger indicated a need to control the people, and specifically mentioned that their water could be shut off (for those who didn’t pay their garbage bill) once Willard City bought out South Willard water—South Willard’s private water company.  Mayor Braegger said that South Willard sewer payments would not be implemented immediately.  He also said that there are developers in South Willard that have paid into and continue to pay into Willard/Perry Sewer and so development is coming whether annexation occurs or not.  Kent Davis reiterated the same statement that development is coming and used that statement, in part, to justify annexation.

Kent Davis said the main reason he wants annexation is to put government closer to the people– a city government instead of a county one.  He says the people need to have more of a voice.  He says that with only 6,000 or 7,000 in the City, his voice would have more weight than in a county of 50,000, such as Box Elder County.  It has been reported than new Councilwoman Michelle Lund stated as a candidate that annexation of South Willard would help Willard City get out of debt.  Mayor Braegger said he thought that would be true with the sewer debt, eventually, because of the increased population.

Also during the May 29th meeting, a citizen asked whether any of the Annexation Committee members would benefit financially.  Janice Nielsen, one of the Annexation Committee members answered that no one would.  Later, Kent Davis stated that he has only a half acre, and that his extended family on his wife’s side (Pettingills), though they have property, definitely doesn’t have any plans to subdivide at this time.  

In a discussion with the Sentinel News, Davis says that he does not like the term “control,” but prefers “managing.”  He says, “When a decision is made to do something, it starts a chain of events for good or bad that is outside of our control.  Sometimes we have to give up some freedom to gain more freedom or to provide for freedom in the future.”  The Sentinel News looked at decisions made by Willard City Council over the last two years as probable indicators of future decisions.  Many items on agendas are standard, such as starting each meeting with an invocation (prayer), and approving the minutes from previous meetings.  So, by looking at business items, the Sentinel News found that just under half of the agenda items contained concerns with freedom or constitutionality.  The largest area of concern was probable property takings by regulation without consent and without just compensation.  Other areas of concern were varied, such as, mixing enterprise (like utilities i.e. sewer and water) functions inappropriately with the proper role of government functions (like proper use of force to constrain crime).

Kent Davis believes that more control is needed (hence annexation) because people need to be controlled more.  Society is in decline.  Zeke Marshall believes, “Willard joining in with South Willard is the wrong way to go.”  He would like it to stay the same for right now.  If South Willard is annexed by Willard City, the citizens may yet reverse the City Council decision by a referendum vote.  That takes notifying the City within 30 days after annexation that the citizens intend to have a referendum vote.  Steven Huntsman of North Ogden has been involved in this and says he would be willing to help the citizens of Willard and South Willard with the process, if desired.  The State of Utah also can provide help in following the legal process.  Apparently, there are also those who have successfully de-annexed their property from Willard City.