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Show r ,..... ,. , M. jp ' r ' 5 ' r ".-zr--- ', -K - C i J- - j L -'..j Off , v --ri. -o' . j. r , vi r - v v vv. . zz " .j if r )' '.. . r- 1 I - ' , T CITY ATTORNEY David Burningham convinces city council to delay action on the annexation of east U.S. Highway 40 until he can review withdrawal petitions filed before the meeting. Annexation acvion delayed as 12 withdraw vtoeir names Last minute withdrawals of annexation an-nexation petitions stymied action by the Vernal City Council, but pleased Naples residents, concerning the annexation an-nexation request of the industrial area on east U.S. Highway 40, Monday. Naples residents, who turned out en masse to the noon meeting, got what they requested of the Vernal City Council several weeks ago to delay the approval of the annexation until after their election to incorporate the same area Tuesday, April 20. Monday's meeting was delayed while the city's legal council and mayor reviewed 12 requests, by those who had signed petitions to annex into Vernal City, to have their names withdrawn. In order for an annexation to be approved legally by the council, state law requires that over 50 percent of the property owners in the annexation area must have signed a petition requesting annexation. Before Monday's special meeting, 56 percent of the property owners were represented by signed petitions to annex. If the 12 petitioners to have their names withdrawn from the original annexation are in order, only 45.8 percent of the property owners would be represented by annexation petitions, making the annexation illegal. "In light of the list of withdrawals received about five minutes ago," City Attorney David Burningham told the council at the meeting, "I advise the council to delay approval of the an nexation until we have a chance to analyze the withdrawals." Because of their attorney's recommendation, recom-mendation, the council moved to continue the annexation hearing Wednesday, April 21, at their regular meeting to allow time for the attorney to examine the withdrawals. Before the city council made a decision on the annexation, Kenneth Anderton, attorney for property owners who are requesting annexation into Vernal City, said he wanted to say, in behalf of his clients, that contrary to what many at the meeting believe, Vernal City didn't initiate the annexation. an-nexation. "I've been the attorney for the property owners since day one and I assure you it is a legitimate annexation." an-nexation." Anderton then told those present, which were mostly Naples residents, that those candidates for office in the proposed Naples City are guilty of the same charges that they have criticized Vernal City for soliciting annexation petitions. "I'm not saying that it is illegal, but it is the same thing Vernal City has been criticized for." Most of the petitions requesting their names withdrawn from the annexation were notorized by Lawrence Kay, Naples candidate for Mayor, and some were witnessed by Sheila Lind, Naples candidate for city council. According to City Attorney Burningham, Bur-ningham, persons can have their names withdrawn or added to the annexation petition as many times as they want until the annexation is approved. ap-proved. Attorney Clark Allred, representing the Naples residents wanting to delay the annexation, gave the council a letter requesting the council delay action on the annexation because in the event the Naples area is incorporated, any action to annex will be futile, the letter alledges. Allred also charged that Monday's meeting violated the Open and Public Meeting Act, plates filed with the petitions to annex had several errors and several other "irregularities" in the legal manner in which the annexation an-nexation was handled including a charge that the annexation was not initiated by the real property owners. As Uintah County Attorney Allred was the legal council in a suit several years ago when the same area first tried to annex into the city. That annexation was defeated for basically the same reasons as listed in Allred's letter to the city council Monday. Property owners in the industrial area had requested the special City Council meeting Monday so they could have the annexation approved before the incorporation of the Naples area, Tuesday, because the annexation could not be approved by the council after the Naples area incorporated. If the new city is formed, property owners plan to file an injunction to disconnect from the new city. |