From Deseret News archives:

Highland initiatives face uphill battle

Published: Thursday, Aug. 18, 2005 12:00 a.m. MDT
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HIGHLAND — Citizen activists have gathered enough signatures to place three initiatives before the Highland City Council, but they now face an uphill battle — one that does not look promising early on — to get them approved.

The initiatives would create a water board to manage the town's water infrastructure, change the way city-owned open space is landscaped and maintained, and limit the types of fences that can be built along open-space property lines.

Members of the City Council appeared less-than-enthusi astic when presented with the initiatives at Tuesday's meeting, reacting with concern and hesitation. The body indicated it will not vote on the initiatives until a Sept. 6 meeting in order to gather more information and consult with city attorney David Church.

When contacted Wednesday, Church said he is particularly concerned over the Water Board Initiative, which would create a body of five publicly elected members to manage the city's water funds and expand its water infrastructure.

"The water board, if approved, would be in conflict with the statutory powers of the City Council," Church said.

Church said creating a water board would require the City Council to go through a difficult process of amending city code. He also said there is a problem with the eligibility requirements for water board candidates.

Elisabeth Luntz, one of the residents who sponsored the Water Board Initiative, said she would welcome the added attention a difficult legal battle would bring.

"If there are legal repercussions, people will fight even harder to maintain democratic control over their natural resources," she said.

Luntz said the city's takeover earlier this year of facilities formerly owned and operated by a private water company that had provided the water utility since the city's creation was "unjust." She said the initiative is intended to provide public input in the handling of the water infrastructure and to ensure that the city doesn't raise rates to increase revenue.

"This was done to ensure democratic oversight and protect against possible corruption when these issues are decided by a very small group," Luntz said.

While Church said there were no obvious legal difficulties with the other initiatives, their sponsors may still face a challenge from skeptical City Council members.

Council members were especially worried about the Open Space Initiative, which would require the city to install grass on all the land set aside as open space within Highland.

City Administrator Barry Edwards told the council Tuesday that doing so would cost a projected $140,000. If the city were to collect that money from property taxes, Edwards said, it would have to raise that tax by 20 percent.

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