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Show 2 - IRONIC TIMES - APRIL 15, 1995 ISSUES REGARDING THE DISINCORPORATION VOTE ON TUES, APRIL 1 8 It has been diffith to obtain precise information about what will occur should the Town of Castle Valley be dissolved Because disincorporation happens so rarely, there is not reliable legal opinion about what can be expected. “Best guesses” would be a more ac— curate description of the answers. For instance, if the Town were to be dissolved, there’s no way of predicting what zoning would be applied to Castle Valley by the County Council. The County Council could apply any existing zones (ranging from residential to commercial to grazing), or the Council could create a new zone. If Castle Valley were under county jurisdiction, the Council could use its power to grant any zone change requests it supervisor’s salary. If the Town is disin~ merits. surplus funds, and other misc. Town property? Your guess is as good as mine. State Code says that “All mu- corporated, this community would lose approximately $10,000 per year. Bill nicipal property remaining after the winding down of the affairs of the municipality shall be transferred to the board of education of such school district, which board hereby is empowered to enforce all claims for the same and to could take over responsibility for the side roads, thus receiving the road funds. He stated, howver, that it was highly unlikely for the County to as— Hedden, County Councilman, reported at Saturday’s meeting that the County have the use of all property so vesting.” sume this responsiblity and liabilty as What happens in the “winding down" of the Town affairs is far from clear. $10,000 would not cover maintenance costs. The FDA would continue to State Lands: Almost half of the Town of Castle Valley is State School maintain the side roads and drainage systems but without the extra monies. Voting Power: Castle Valley resi- Trust Land (2100 acres State--2400 dents presently have the ability to determine who will be on the Town Council (3 seats will be filled next Nov). If the acres River Ranchos Subdivision). State land is sold or managed to obtain the highest possible financial return to the State School Trust Fund. There is no “good neighbor” clause in the mandate to get the highest profit. There are almost no environmental restraints on the sale or use of State Trust Land. The Town attorney has told the Town is dissolved, CV residents will have very little power to elect the County Councilmen governing them. UP&L: A town can pass ordinances regulating some aspects of electric power installation. The Town wished. Water rightszThe two attorneys the Town has consulted, report that they Town that the Town has more influence (via zoning) than we had realized. Underground Power Ordinance currently requires all new power service to be un- According to Kinghorn, the Town zon- can not tell us exactly what would hap- ing applies to anyone who either buys pen if the Town were dissolved. The District Court Judge settles the affairs of the Town. He might leave the water rights with the property owners; he might transfer the water rights to the school as the State Code on disincorpo— ration seems to require. We don’t have reliable answers to these important questions. The individuals most likely or leases State land. Some of us remember the past State Lands specialist, Doug Fulmer, talking to us about his dream of turning the State Land around Round Mountain into a golf course and derground The Town also has more clout with UP&L regarding quality of service provided. to loose out are the people who have not yet gotten water rights or permits from the Town. condominium development. Golf courses are allowed in the County G-l zone. Road issues: The Town of Castle Valley currently receives “C” road funds from gas tax revenues. This money has been used to pay off the CIB loan (for major drainage work), and the Road Surrounding lands: The Town has more influence with BLM, the Forest Service, and State Lands than would be the case with the county. A pamphlet intended to address some of these issues, including John Groo’s water questions, is being organized by a group of CV residents. They intend to mail a pamphlet to each registered voter household before the Tuesday election. Jack Campbell John 6100 is putting together infor— mation about the Castle Valley water rights situation. He plans to mail this to registered voters before the election. The Town attorney, Jerry Kinghom, told residents at last Saturday’s community meeting that a Town (municipality) is the best legal entity for holding water rights and protecting water quality via watershed protection ordinances (protection can extend beyond Town boundaries). Town Property: What will happen to the Town road grader, community lot, Greenbelt lots, water rights, ease— JANIE TUFI' - SALES AGENT/OWNER Paradise Real Estate 47 E. CENTER STREET - MOAB, UT 84532 801—259-2650 - FAX 801—259-2699_ P.O.Box 1121 ' Moab UT 84532 Res. 801—259-8360 - Leave Message M.L.S. REALTOR |