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Senator wants a 'gatekeeper' in towns' incorporation process
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Ruby's Inn could be the last Utah hotel to become its own town.

In July, the inn's owners forced Garfield County to allow the 2,300-acre resort to incorporate as Bryce Canyon City - thanks to a loosened rule that passed the Legislature earlier this year.

The law was meant to strengthen private-property rights by requiring counties to approve new towns if petitioned by landowners controlling more than half a proposed municipality's area.

Ruby's Inn's, a virtual "company town" outside Bryce Canyon National Park, was an unforeseen consequence, and Garfield County lost $300,000 in annual sales-tax revenue.

Sen. Dennis Stowell, R-Parowan, is crafting legislation to restore a "gatekeeper" to the process of incorporating towns. He shared his ideas at a Political Subdivisions Interim Committee meeting Wednesday, promising to deliver a draft bill next month.

Stowell, who represents Garfield and five other counties, wants to streamline incorporation law by making the process the same for both cities (which have more than a thousand people) and towns (which have less than a thousand people).

Under Stowell's proposal, petitioners would request that a county commission or council conduct a feasibility study on incorporation and hold a public hearing. The issue would be decided either by an election or the county commission or council - whichever the petitioners want.

Cities currently have to hold an election to incorporate. Allowing a county commission to decide is a less-expensive option. But if commissioners were to knock down the proposal, under Stowell's plan, 10 percent of voters could protest and force an election.

Rep. Gage Froerer, R-Huntsville, said he supports Stowell's efforts at "simplification."

"A gatekeeper is necessary, but we do need to be very careful that the gatekeeper is not closing the gate on private-property rights."

Large landowners still would be allowed to opt out of a new city or town if they chose.

rwinters@sltrib.com

* The Legislature's Political Subdivisions Interim Committee forwarded a bill Wednesday that would require cities and counties to post election candidates' campaign-finance disclosures online.

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