Sunday, February 03, 2008

Powder Mountain Development Update

Invitation to sign a petition

Several items in the weekend news, concerning the ongoing Powder Mountain development story.

First we'll highlight this morning's Standard-Examiner article, wherein Marshall Thompson reports that the developers of the Powder Mountain Resort have produced a feasibility study report, in support of their municipal annexation petition. We incorporate here the lead paragraphs from the article:

OGDEN — Powder Mountain owners released the results of their privately commissioned feasibility study Friday showing the ski resort could become a viable municipality if the developers provided cash upfront.

If Western America Holding, LLC, coughs up $750,000 for its proposed town government, there would be no need to levy an additional municipal property tax or telecommunication tax on the residents, the study said.

“Assuming creation of a fund from prepayment of development fees, there is adequate funding to allow the newly incorporated town to operate through the end of Fiscal Year 2012,” the report read. “If resort development does not begin in 2009 as planned, there will be adequate time for the Town Council to dissolve the town or identify alternative revenue sources or expenditure saving to allow the town to continue.”
We're just speculating on this, but it's likely that the production of this report represents a proactive attempt on the part of the developers to anticipate the passage of one of the two remedial bills which are now pending in the state legislature, each of which contains provisions referring to a county-required feasibility study. An article in yesterday's Voice of Deseret blog provides information about these two bills, along with links to several recent northern Utah news articles:

The now infamous HB466 created the problem. Passed by the Utah State Legislature, it liberalized the criteria required for a developer to form a town. Rep. Mel Brown (R-Coalville) sponsored the original law, but now that he's seen how predatory developers have abused it, both in the Wasatch Valley, and now up in the Ogden Valley, he's submitted a draft bill, HB164, which changes HB466 by stiffening the requirements for incorporation. On the Senate side, Sen. Dennis Stowell (R-Parowan), has already produced SB25 to accomplish the same purpose. It's probably a good thing it's also being worked in the Senate, because, according to the Tribune, the House bill has stalled, most likely to reconcile it with the Senate version.
We received an email yesterday from our friends and cohorts at Ogden Valley Forum, requesting that we direct our readers' attention to an online petition, directed at the above-referenced senate bill. We accordingly provide the text of this message below:

We have a new petition available to all residents and property owners in the state, but more specifically Weber County residents. We would love to have your readers sign the petition, which is available here.
We urge all Weber County Forum readers who are concerned about the quick passage of a bill curing the defects of last year's HB-466 to visit the site, and to affix their signatures to this online petition. As of the time of this posting, the petition had already registered 71 signatures.

As for the legal effect of the feasibility study report discussed in this morning's Standard-Examiner story, we suppose we'll have to wait and see how it all shakes out.


daren said...

Seems to me that if the developers had any integrity and good intentions they would leave the final decision up to the 100 residents that they have corralled into this proposed new city.

A big and sophisticated outfit like they supposedly are should be able to lay their best case out for those existing property owners and let them decide if it is in their best interest to be included.

There must be existing laws that make the developers mitigate damages done to the rest of the valley because of this growth, isn't there?

I also found it interesting that it is the developers that get to do all the arithmetic and determinations as to impact fees and budgets.

Viktor said...

Powder Mountain Schmowder Mountain, let's get back to what is really important in the land of Oz.

Like - did Adam get their new money, did Bobby Geiger get convicted and does Bill C. have pictures of the little tyrant cavorting with hookers in Vegas?

Bill C. said...

Viktor, I don't have answers to your first two questions, nor pictures in hand. But our double secret latino Vegas resident slueth has been following lying little matty's every move.
He last reported, lying little matty, potato nose and fat assed jackass dowse were entering GLITTER GULCH, on FREMONT st, accompanied by three scantilly clad transvestites.

Bill C. said...

On a more serious note, why is there not an effort to just repeal in total hb-466. Are these legislators so stupid and ego-centric that they'll continue to tinker around with something that should never have been till they create something potentially worse?
It's Frankenstien lawmaking at it's most pathetic.

Minor Machman said...

Let's see...laws to make it easy for developers and further the Realtor Association agenda to uphold the present fraudulent Realtor controlled MLS and fair market value system. Law makers virtually all lubed and greased with liberal amounts of Realtor Association money and "Real Estate & Investment" monies in the tens of millions of dollars. Don't believe it? Go to Isn't it time for ethics and campaign finance reform?

RudiZink said...

Good to hear from you, Minor Machman. Keep the faith, and puh-leeze keep bending the ears of those state legislators!

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