| Show Annexation Annexation- I I Some Questions A group Ii living ving in the area that was annexed into Bountiful ap approximately approximately approximately ap- ap proximately a month ago held a amass amass amass mass meeting at Boulton Elementary Elementary Elementary Ele Ele- School Tuesday eve eve- ning The main objective was to organize financial support to fight the ann annexation e x a ti 0 n on the grounds of illegality on several points I I NED JENSEN who took charge of oC the meeting outlined the reasons for fighting He said Attorney General Phil Hansen thought they have a case that the state statutes had been violated because the annexation action had not been approved at a regular regular regular reg reg- ular council meeting Mr Jensen said he was told the group should fight the annexation annexation annexation annex annex- themselves if they sode- sode sired THE GROUP contends also that a petition containing 31 signatures signatures sig- sig natures who requested withdrawal withdrawal withdrawal with with- of their names from the original petition requesting an annexation annexation annexation an- an had not been considered considered considered consid consid- ered by the Bountiful city council council coun coun- cil when it il took action to approve annexation It is claimed that if those names were withdrawn I Ithe the petition requesting annexation annexation annexation tion would not contain the 51 I signatures of property owners I required by law Early Early in the meeting those attending tending were told it would be necessary to hire a lawyer to bring tiring the case to court But without support we cant can't fight Mr Jensen said aid in speaking of financial support DA DAVID WEST a local attorney attorney attorney ney has agreed to represent the group should they decide to bring the case to court According According According Accord Accord- I ing to the facts he lie has lias been given given given en at this time he said There is a very good chance to have havethe havethe havethe the city council action determined determined determined deter deter- mined invalid and void in a aI acourt acourt court of l law w. w Its It's a very vory meritorious meritorious meritorious meri meri- case I He pointed out that there are two types of procedures open to toa toa a a group within an annexed area One is to determine whether or not the annexation is void be be- be I cause it was never legally ef efI effective effective ef- ef and the other is ve a completely completely completely com com- I different type of contention contention contention con con- from the present one IT WOULD be based upon dis- dis incorporation by individuals u a 1 s who desired to get out of a city where they lived in a fringe area The real question seems to be whether or not a group of people can withdraw their names after signing a petition and whether or of not the Bountiful city council acted according to law GEORGE FADEL city attorney attorney attorney ney for Bountiful said he ad advised advised advised ad- ad the council that once a petition has been filed with the recorder that names may not be withdrawn until after the council has acted He said that the meeting in question the j Dec 14 1966 meeting had been scheduled prior to Dec 7 when I I the petition for annexation was wasfi fi first presented to the council for consideration He said there were several other items of business on the actual agenda for the Dec 14 meeting One was an action on a building permit another was the audit report by the firm Haskins Haskins Haskins Has- Has kins and Sells and the third was consideration of the annexation UNTIL WE IVE HAVE the facts set forth in their formal contentions contentions contentions conten conten- it would be difficult to togi gi give ve an opinion as to whether or not theres there's any merit to them But as to the two 1 items te ms considered considered considered consid consid- ered they represent my ion H However r we dont don't ha have ve an any decision under Utah law which I See ANNEX on page 2 ANNEX Continued from front page would support either their contention contention contention con con- or mine There has not been a case in Utah where an action has been brought before the court on these specific grounds although there have been similar cases In other states MR AND MRS LESLIE Foy chairmen of the group which brought the petition for annexation annexation tion before the Bountiful city council state that some of those dissenting now had signed three or four different petitions within within within with with- in the same period The four petitions were outlined outlined outlined out out- lined 1 the petition for annexation annexation annexation annex annex- to Bountiful 2 a petition from a small area requesting that they not be considered 3 a petition circulated during the waiting week verifying the first one 4 a 3 petition circulated within the waiting week requesting requesting requesting request request- ing that 31 of those signing it be allowed to withdraw their names from the one originally requesting requesting request request- ing annexation THE TWO petitions which were circulated during the waitIng wait wait- ing week Dec 7 14 the Foys say contain some of the same names The reason for going back to the homes to get signatures on ona ona ona a second petition requesting an annexation annexation annexation an- an the Foys sa say is that in some cases where a husband and wife jointly owned property they had not both signed It is necessary that they do according according accord accord- ing to law SOME OF THE reasons for withdrawing from the petition for annexation were brought out at the mass meeting They are that the mill levy was misrepresented misrepresented misrepresented re mis presented and there is an actual four mills difference between what they were told and what exists that some of the people were told there were only two choices to be made annexation to Bountiful or North Salt Lake when in fact there were several several several sev sev- eral choices they were led to believe that better street lighting lighting lighting light light- ing and police protection would be available forthwith and that all that was necessary to obtain Bountiful Light and Power was to tell Utah Power and Light they desired to change over One of the group a man who had originally signed the first pet petition tion and has signed the one requesting withdrawal of l his s name claims that the group has learned it can obtain street lighting or any other improvement improvement improvement improve improve- ment by forming an improvement improvement improvement improve improve- ment district even district even though they li live ve in a county area It is not necessary to annex to a city to get those things he said THE FOYS SAY that in their endeavor to translate mill levy into terms the residents could appreciate they acted in good faith and according to their un un- un They say they did not mislead the residents into believing improvements would be immediate Approximately 45 persons at attended attended attended at- at tended the mass meeting which was largely by invitation It was held to inform residents of the area of the facts that had been determined during the past several several sev sev- eral weeks and to request their financial as well as moral support support support sup sup- port if they as a group are to bring the case before a court of law THE AREA ARE A involved is roughly rough rough- ly from 2200 South to and from Orchard Drive westward westward westward west west- ward to West The area which was annexed dur during ng the final week of 1966 is in no way involved Ik |
