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Vermillion council annexes MARF Track 1 and authorizes notice to rural co-op amid objections from Clay Union Electric

3396094 · May 19, 2025
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Summary

The Vermillion City Council approved annexation of a 37.1-acre parcel known as MARF Track 1 at Highway 50 and Princeton and authorized staff to notify Clay Union Electric of the city's intent to provide electrical service to the annexed area after debate and objections from the co-op.

The Vermillion City Council voted May 19 to annex MARF Track 1 — a 37.1-acre parcel near the intersection of South Dakota Highway 50 and Princeton — and authorized city staff to notify Clay Union Electric of the city’s intent to provide electric service to the annexed area.

City staff presented the annexation request from the property owners and said the parcel would be brought into city limits with an initial zoning of NRC (Natural Resource Conservation). Jose (staff member) told the council the owners intend to keep farming the property for now but want the land positioned for future development and for city utilities to be available if development occurs.

The annexation passed after a roll-call motion; the council then considered a separate authorization that would start the statutorily required process to shift electric service territory from Clay Union Electric to the city if the city later extends service. That authorization drew sustained comment from Clay Union Electric representative Chris Larson, who said the co-op received only short notice and urged better notification. "So why such a big secret?" Larson asked during his remarks, saying members of his cooperative were surprised by the timing and level of public notice.

City Manager John Prescott defended the council practice of extending city utility territory as the municipality grows, saying, "as the city grows, our service territory grows," and argued that annexation with city utility service better positions land for development. Staff and the council described the legal and fiscal mechanics: state law requires notice to the rural co-op within one year of annexation or the property remains in the co-op’s service territory; if the city elects to serve, the city will purchase service rights and reimburse the co-op for lost revenue according to state statute. Staff explained a typical framework discussed in the meeting: an 11-year lost-revenue window with payments to the co-op for a limited number of years after new customers connect, and payments or reimbursements for any existing infrastructure that must be integrated.

Councilors debated the adequacy of notice to Clay Union and whether more development detail from the property owner should be provided before the city acts. Some members said waiting for a development plan could be appropriate; others said that extending the city’s utilities when annexing land is standard practice and helps attract development. After a motion to authorize staff to give formal notice to Clay Union died for lack of a second, the council reconsidered and ultimately approved authorization to notify the co-op and begin the service territory process.

The annexation resolution was approved; the council also passed the authorization to notify Clay Union Electric of the city’s intent to serve the area, enabling the city to proceed under state procedures for service-right acquisition and lost-revenue payments.

Next steps include working with Clay Union Electric on any existing infrastructure in the area, clarifying whether any current customers or lines are present, and following statutory procedures for service-right negotiation and payments if and when development occurs.