Error message

Annexation—History in the Making

Thursday, July 18, 2013 - 7:45am
By Mark Mackley

It seems almost natural to join the two communities of Willard and South Willard. Residents share educational systems, religious facilities and recreational venues. They even share part of the same name. So why are there questions and debate regarding whether to annex South Willard, the southern portion of Box Elder County, which is separated from the rest of unincorporated Box Elder County, into incorporated Willard City?

 

I believe the most serious opposition from those in South Willard comes from those who are concerned about what additional controls, requirements, and taxes will be newly placed on residents of South Willard. Will they be required to connect to the new expensive sewer system? Will they be required to pay additional city taxes and garbage collection fees? Will they be subject to new ordinances and laws like the zoning and land use ordinances, which may limit what they can do on their own property?

 

The property owners of Willard City on the other hand may be concerned about the potential increase in taxes to pay for services that would need to be provided to a larger city area. Their voting voice would be diluted by an increased population for the same City Council representatives.

 

The question seems to be, “Is BIGGER government BETTER government?”  Following the Revolutionary War, as the colonies tried to address this very question, an amazing document was formed that has blessed not only this nation, but the entire world by its example.  The Constitution of the United States! The miracle of this document is the fact that it placed limits on the power and role of the Federal government.

 

The questions that are being asked by both residents of South Willard and Willard City really relate to, “What will be the power and limits on the City and correspondingly on us if the two communities are joined?” Our current system places few limits on our City governments. At times they seem to be run on whims and emotions rather than by the appropriate rule of law. Let me give just one of many examples. In North Ogden City a few years ago, there was a relatively new neighborhood. The homes were fairly expensive and most were very beautiful with beautiful landscaping. One home, however, had not put in the landscaping for some unknown reason. The neighbors eventually grew tired of the sight and the “property devaluation” and so approached the City Council. Eventually a new ordinance referred to as the “Clean and Green” ordinance, was passed, which gave new home owners a certain amount of time to landscape or be fined. Now, regardless of this individual’s reason (loss of employment, sickness, etc.) he is forced to landscape or be fined.

 

 Almost all of our cities have similar ordinances requiring businesses to landscape to some formula of so many trees and so many shrubs etc. or their business development will not be approved.  According to the Utah State Private Property Ombudsman, cities can pass these kinds of ordinances and they will likely hold up in court, unless they are, “Shocking to the conscience of the court.” This is shocking to my conscience that a group of people (elected and non-elected city officials) who have no ownership in the property in question dictate what landscaping must be placed. When did we lose our public conscience that we now allow our elected city officials to create such ordinances?

 

It is probably far less important whether South Willard and Willard City join to create a new larger city than it is to find out what limits will be placed on the City government and thereby protect property owners in both communities. I propose that we re-enthrone freedom in this historical decision for two communities. Who knows, perhaps our example could change the world, or at least this small corner of it.