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What Do the Incorporation Feasibility Study Results Mean?

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WHAT DO THE INCORPORATION FEASIBILITY STUDY RESULTS MEAN?

To incorporate is to create our own city within Salt Lake County, rather than remain part of unincorporated County. The proposed name of the city is The City of Millcreek, to match the name of our township, all of which is included in the boundaries of the proposed new city. An outstanding team of consultants has determined through their research that a City of Millcreek would be feasible.

Feasibility, in dollars and cents terms, means the revenues generated in our new city will be equal to our expenses.  That is terrific news: even in these difficult recessionary times, we can balance our budget!

What is the next step, now that we have learned a city would be feasible? 

By state statute, petitioners for incorporation have 18 months to collect the signatures of about 5,000 more property owners, in order to allow a vote by township residents.  If those signatures are certified by the county assessor’s office to be accurate and complete, then we will go to the polls to vote on whether or not we want to become a city.  Public hearings will be held to discuss the forms of government and their pros and cons so that residents may make informed decisions.

How many layers of government? 

Some have worried that this means we would be paying for duplicate governments.  However, it actually just shifts municipal expenses you are already paying for from one layer to the other.  Only one government will be paid to administer them.  You will still receive only one property tax bill.  When you pay that to Salt Lake County, the county will keep the money required to pay the school district, water district, and for mosquito abatement, libraries, county administrators, surveyors, DA, sheriff, health and safety services, and the like.  The only line item that will change/be affected by incorporation will be the municipal (local) services fund.  This includes things like garbage collection, roads, sidewalks, and so forth.

The new city government will administer municipal services instead of the county government, and the feasibility study has indicated that our revenues will be sufficient to meet the expenses of administering and providing those services.  From the start, city leaders will continue to contract with the county for those services, but the contract will make county providers accountable to the city.

City leaders, with input from us residents, will determine which local roads will be done on which schedule, for example, rather than the county making those decisions based on county-wide needs.  The city leaders will do as you and I do with our family budgets:  Decide what we can afford to do this year or put off until the next year in order to keep that budget balanced and not raise taxes on their neighbors.  And if, down the road, city leaders want to look at bidding out some services to private providers who may give us a better deal than the county, they may do so.  Other cities have found that to be smart money management and have received excellent service in return.  Furthermore, city leaders will have the opportunity to apply for grants and to develop our local economy so as to increase our revenues.

Who are these city leaders

The legislature has specified the choices of forms of government for cities and towns to include 3 options:

1) a council-mayor government
2) a 5-member council
3) a 6-member council

The council would be elected to represent the population across our township so that there is fair representation from each area.  We have the talent and interest within our township to have very competent leaders, as evidenced by the local community councils.  The form of government will be voted upon in the same election in which we vote on becoming a city.  If a majority of residents vote in favor of incorporation, then there will be another election to vote for our representatives to that new city’s government.  We are confident that capable people will step forward and indicate an interest in serving.

How will our municipal taxes compare with what we have been paying as residents of unincorporated county?

According to the county tax rates for 2009 and 2010, our tax rates generally should go down if we incorporate.  Our current tax rates for municipal services are higher than those of nearby cities Holladay, Cottonwood Heights, and Sandy, where our homes would likely have comparable value.

What will be the start-up costs? 

Some have wondered about how much starting a new government will cost.  In recent incorporations, expenses have amounted to about $300,000 initially, rising to over $2 million in the first year.  However, also in those recent incorporations, the county council has given back to the new city the portion its residents had been paying in to municipal funds and capital improvements, and it has been sufficient to cover those start-up costs.  Inasmuch as our county councilors and mayor have said they support self-determination and are neutral on incorporation, we trust they will support our new city in a manner similar to what has been done in the past.  Let us as citizens make that respectful request of them.

What will happen if we don’t obtain enough signatures to put the incorporation initiative on a ballot? 

For the next 18 months (until the end of January, 2013), our boundaries are frozen by virtue of the continuing petition drive, according to state statute.  If we do not collect property owners’ signatures equal to 1/3 the land acreage and 1/3 the taxable value of the whole township, and have them certified within this brief window of time, we will not have the opportunity to vote on our future form of governance.  At the expiration of those 18 months, our boundaries are vulnerable to annexation efforts from surrounding  cities, such as Salt Lake City, South Salt Lake, and Holladay, all of which have expressed interest in annexing the township (or parts of it) to their cities.  Legislation in 2010 (SB73) removed the border protection we previously had.  We may never have the opportunity again for self-determination as a community.

Now, hopefully that has been helpful.  The future lies in the hands of yourselves, the property owners.

What are the advantages of becoming our own city? 

Primarily, it’s about self-determination.  Millcreek Township is an area of great talent, prosperity, and potential.  It is a mature area and has the right to represent itself on equal footing at the same table as the other cities in this valley and state do.  There is great opportunity for further economic development of this area, particularly within the Millcreek community (west half of the township).  The revenues generated by that development will stay here and service the 63,000 residents of the new city.  And residents will determine how they want the city to be zoned rather than have such decisions made by those who do not live within our neighborhoods or boundaries.

How can you help? 

It is a daunting task to collect the signatures of some 5,000 more property owners, especially within a mere 18 months.  These are not individual voters’ signatures; they are individual properties.  We depend upon volunteers, exclusively, to petition their neighbors, business associates, and friends who own property within the township.

If you are willing to help, please sign up to be a volunteer.  You may consider petitioning door-to-door, holding neighborhood meetings at your home, making phone calls, handing out flyers, donating money or in-kind services to help publicize and pay for paper and printing, etc., or lending your technological expertise.  Please understand that none of the current sponsors or petitioners is paid.  We donate our time and resources because we believe in this cause; we believe we can succeed as a city and be happier through self-government.

Feasibility Study PDF

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From Salt Lake County

The firm of Lewis, Young, Robertson & Burningham, completed the feasibility study (9MB PDF). The County Council heard their report and voted to accept the study’s findings on June 7th. Public hearings to present the study and gather feedback were held July 19 and August 2. A public informational meeting was held on June 27th, during which different groups presented information about the incorporation process and the study.

Background

Salt Lake County recently received a petition to begin the incorporation feasibility study process for the Millcreek Township, including the communities of Canyon Rim, East Mill Creek, Millcreek, and Mt. Olympus. The petition was certified on January 7 and sets in motion an extensive process of public involvement to allow the landowners and voters in the Millcreek Township determine the future of governance for their community.

Consulting Firm Chosen to Complete Feasibility Study

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Salt Lake County has selected the firm of Lewis Young Robertson & Burningham to complete the required Feasibility Study

Read the Full Article from the Salt Lake Tribune.

Feasibility Study Approved by Salt Lake County

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Salt Lake County devotes dollars to Millcreek City study

From the Salt Lake Tribune, January 25, 2011

 

Millcreek Incorporation: Statutory Timeline

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The following is the statutory timeline regarding the filing of petitions, feasibility study and vote as required for the potential incorporation of Millcreek.

 

Petition Requesting a Feasibility Study

January 7, 2011 – county clerk’s office determined that it had received enough signatures for a petition requesting a feasibility study.

January 10, 2011 – Request for Feasibility Study certified by the county clerk.

March 11, 2011 – The date by which the county is required to engage the feasibility study consultant, which is 60 days from the certification date.

The consultant has 90 days to submit the feasibility study to the county legislative body and to the contact sponsors.  For example, if the County engages the consultant on March 11, 2011, the consultant will be required to submit the study no later than June 9, 2011. This date will depend on the date the County and the consultant enter into a contract.

Request for a Modified Study

The sponsors may submit a request for a modified feasibility study if the results of the feasibility study do not meet the requirements of the 105% rule and so long as the proposed boundary change does not impede on a proposed annexation and it otherwise meets the requirements of the statute.  The request for modification may not be filed more than 90 days after the original feasibility study has been submitted.

The county clerk has 20 days from receipt of a modified request to certify the request for a modified feasibility study.

The county legislative body has 10 days to commission the consultant to take into account the information submitted in the modified request.  The consultant then has 30 days to submit the supplemental feasibility study to the legislative body and sponsors.  If the results of the supplemental study do not meet the statutory requirements, the sponsors may make another modified request.

 

If the results of the feasibility study (or the supplemental feasibility study) meet the statutory requirements, the county legislative body shall schedule “at least two public hearings to be held:
• within the following 60 days;
• at least 7 days apart;
• in geographically diverse locations within the proposed city.”

Thus, if the consultant submits his or her study on June 13, 2011, then the two public hearings would have to be held at least seven days apart with the last hearing being held no later than August 12, 2011.

 

Petition for Incorporation of a New City

At any time within 18 months after the last public hearing on the feasibility study, the sponsors may submit a petition for incorporation. So, if the last public hearing were held on August 12, 2011, then the sponsors would have until February 12, 2013 to submit a petition for incorporation.

The county clerk then has 45 days to certify or reject the petition for incorporation. So, if the sponsors submitted the petition for incorporation on February 12, 2013, the county clerk would have to certify or reject the request no later than March 29, 2013. This date depends on the date the petition is submitted.

If the clerk rejects the petition, then the sponsors have 30 days to file a modified petition. The clerk has 20 days to certify or reject the petition. If the clerk rejects the modified petition for incorporation, the sponsors may not submit another modified petition.

If the county clerk certifies the petition, then the county legislative body shall hold an election on the proposed incorporation “[a]t the next special election date … more than 45 days after the county legislative body’s receipt of the certified petition or certified modified petition.” So, if the legislative body receives the certified petition on March 29, 2013, then the election would be held on the fourth Tuesday in June, 2013, which would be June 25, 2013.

The clerk then has 10 days after the canvass of the incorporation election to send the results to the lieutenant governor and, if the measure passes, to send the information regarding the newly incorporated city. If the petition passes, the petition sponsors within 25 days from the canvass determine the number of council or commission members and terms and submit the information to the county legislative body. The county clerk then has 20 days from the receipt of this information by the county legislative body to publish notice of the number of commission or council members. The county legislative body shall hold a primary election (if permitted) and a final election for the election of city officials. No election may be held before 75 days after the incorporation election.

The county clerk shall send the results of the election of city officers within 10 days of the canvass to the lieutenant governor. The mayor-elect of the new city shall file a copy of the impending boundary action and the final local entity plat within 30 days after the canvass. The incorporation is effective upon the lieutenant governor’s issuance of a certificate of incorporation. The lieutenant governor has 10 days to issue the certificate from the date it receives notice of the boundary action if the request meets all the statutory requirements.

From the Salt Lake County Website

We Did It! First Petition Filed

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Yeah! WE DID IT

We have obtained enough signatures to have an independent Incorporation Feasibility Study done for the Millcreek Township area (in the way presently dictated by Utah State law). This is the first step for our township to become an incorporated city, if we choose to do so. However, we’re not there yet and we still have a lot of work to do. If the Study shows incorporation to be feasible, we still need to obtain enough signatures to allow residents to Vote on whether to become a city at the polls. If you haven’t done so yet, please be sure to Sign the Petition. We still need MANY signatures to allow us to vote.

We are so appreciative to ALL of you who have pitched in to help our cause. Thank you all SO MUCH!!