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Commission authorizes start of annexation process to add city properties into Castle Valley Special Service District

Emery County Commission · September 3, 2024
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Summary

Commission voted to begin the multi-step process to annex properties that are within municipal boundaries but not yet in the Castle Valley Special Service District, citing a historical paperwork gap with the lieutenant governor's office; the process will include notices, a public hearing and a 60-day contest period.

A county representative asked the Emery County Commission to authorize the start of an annexation process to bring portions of Castle Dale, Cleveland, Elmo, Emery, Ferron, Huntington, Orangeville and other municipal areas into the Castle Valley Special Service District.

The presenter said earlier steps related to a prior annexation were not completed with the lieutenant governor’s office and that city limits and district boundaries should match. He described the recommended sequence: publish a notice of intent, invite public comment, hold a public hearing, allow a 60-day contest period and, after completing local steps, submit the annexation paperwork to the lieutenant governor for final approval.

"There's a bunch of properties that need to be annexed into our service district," the presenter said, noting many properties are receiving city utility services but are not paying the district tax because the district boundary was never officially updated.

Commissioners asked clarifying questions about frequency of future reviews and whether the county could automatically update district boundaries when cities annex properties; the presenter said state code requires the multi-step process and that periodic review every few years could be appropriate.

Commissioner discussion concluded with a motion to begin the annexation process; the motion passed. The commission instructed staff to work with legal counsel to finalize the resolution or public-hearing schedule and to ensure advertising and notice requirements are met.

Next steps: staff to prepare either a resolution or a public-hearing notice for the next meeting, advertise the petition of intent and initiate the 60-day contest period before returning to the commission for final action and then filing with the lieutenant governor's office.