Lots of incorporation misinformation has been circulating—on Facebook, among friends, at town halls, and elsewhere. We’ve compiled this list of misinformation we’ve encountered and the facts on these issues.
Before we take a deep dive, here’s a summary in response to these unfounded claims:
Here’s the deep dive, with specific misinformation and the responsive facts.
Myth: We can’t afford incorporation.
Two independent studies, the state-selected LRB and the opposition-selected Utah Foundation study, found that the city is “feasible” without new taxes. The Utah Foundation cautioned about “no growth,” but that would only occur in a depression, where the county would also face financial stress. Ogden Valley has generated a surplus of $3.6 million over the last several years presently sitting at the county.
Myth: Incorporation will create another layer of government and produce more “big government.”
Incorporation simply transfers municipal work from the county to the city, where it can be more efficiently and effectively managed with less overhead. The county is responsible to 270,000 citizens, it is hard for them to also adequately represent the 7,500 citizens here in Ogden Valley as well as we can locally.
Myth: Weber County included a letter in the LRB feasibility study that says the data used in the study is NOT from them and is erroneous.
That’s not what the letter says. The county provided historical data and feedback to LRB. Neither the county nor the state disputes the study. The letter explains it is not the county’s role to certify the study because “that process is the responsibility of the Lieutenant Governor’s office.” (LRB Supplemental Feasibility Study, p. 56, at ogdenvalleyinc.org.)
Myth: Ogden Valley will become a “city” – an urban area losing its rural nature.
State law doesn’t mandate becoming urban or eliminating a community’s rural nature. Local representation, through incorporation, is the best way to maintain the valley’s rural nature and lifestyle.
Myth: We don’t have the people who can run a city.
The Valley is rich in talent: farmers, builders, entrepreneurs, blue-collar workers, attorneys, skilled trade workers, and experts in finance, IT, land use, hydrology, and more. Some have had prior municipal experience. Others bring skills from the private sector. Many local organizations (water and sewer, parks, charities, etc.) are already run by skilled valley volunteers. We can do it as a city, too. After all, we embrace our pioneer heritage and can-do spirit!
Myth: The city will restrict property rights and regulate like an HOA.
The city will respect property rights. Those that want an HOA can live in one just as they do today. That is not the role of the city. The city will seek to codify the Ogden Valley General Plan and not override it in favor of developers.
Myth: The new city will be sued, but the LRB study didn’t include enough money for attorneys and lawsuits. One developer-opponent states he “likes” incorporation because cities are easier to sue.
The feasibility study included legal and insurance costs (under administration). Cities also participate in the Utah Risk Management Agency, established pursuant to state law, to provide insurance coverage for litigation and other liabilities. The claim that cities are “easier to sue” is pure posturing, not legal fact. The best legal protection is following the law and securing good legal advice.
Myth: The feasibility study failed to account for a city hall or road shop.
The study considered these items among the three scenarios analyzed. One of the scenarios had neither of these. All of the scenarios passed the legal feasibility test. As for office space, there is a five-year agreement for space in the new Huntsville Town Hall. There’s no need for a road shop since road services will be contracted out.
Myth: We can’t afford to maintain or plow roads. The area is just too big!
The county doesn’t pay for all road maintenance from your “Unincorp Service Fund” taxes. It taps a variety of sources, which the city will be able to use, too. Those sources include the “Municipal Service Fund” taxes (aka “city tax”), UDOT Class C road funds, federal grants, sales tax, and more. So, do all our Unincorp Service Fund taxes go to roads now? No! Official Weber County financial reports show that the Municipal Services Fund, the repository for unincorporated taxes, averages an annual 10% surplus. It currently includes a surplus of $6.5 million, of which $3.6 million is attributable to Ogden Valley taxes. That’s right, we have excess funds!
Myth: Keep Our Valley Free (KOVF), which opposes incorporation, can’t disclose donors’ names due to fear of retaliation.
State law required KOVF to disclose its donors as early as January 2024. KOVF belatedly filed the required disclosure in September 2024, only after being contacted by the Lieutenant Governor, who oversees the election disclosure finance laws. The biggest donor is Wolf Creek Resort, a John Lewis company, donated 68% of the reported donations.
Myth: Zions did a feasibility study critical of incorporation.
Zions no longer does feasibility studies and did not do one for the Valley.
Myth: Developers are behind incorporation. John Lewis and Reed Hastings support it.
Incorporation proponents have received no donations or other support from developers. Those opposing incorporation, Keep Our Valley Free, are supported by Wolf Creek Resort, a John Lewis company, responsible for 68% of reported donations.
Myth: Being a “city” will require the creation of low-income housing under state law; now those laws don’t apply to unincorporated areas.
The state’s Moderate Income Housing law already applies to the county with respect to its unincorporated areas (the Valley) where the county oversees planning. The law doesn’t require low-income or subsidized housing. It only requires a plan identifying moderate-income housing strategies and annual progress reporting. Incorporation will not change this requirement but will allow the Valley to guide this planning. The county already is reviewing a plan for the Ogden Valley.
Myth: Real estate agents and developers will control the city council.
The sponsors recommend voting for a 6-member council form of government (which includes a weak mayor) and districts for council members. This approach actually distributes control equally across the Valley. Valley voters will choose who is on the city council and can more easily persuade or vote out locally elected officials.
Myth: Incorporation sponsors elected themselves to lead this effort
The sponsors are volunteers who stepped forward to do the hard work required to get incorporation on the ballot. There is no election process for sponsors.
Myth: There’s not enough money for police or fire services.
Public safety services can be contracted to other entities such as the Weber County Sheriff’s Office, which already provides contract services to multiple cities. The Sheriff states there will be no extra cost to get the service we currently have.
Residents will continue to pay taxes to the Weber Fire District, which will continue to serve the Valley. See Sheriff Arbonne’s presentation at our YouTube Incorporation Channel, linked at ogdenvalleyinc.org, at time 1:03.
Myth: There will be no code enforcement.
We currently have little to no code enforcement. Local enforcement will be more efficient and effective.
Myth: Supporters of incorporation want no-growth.
Supporters don’t seek no growth or rapid growth; they seek local management of growth. They advocate protecting property rights and making the General Plan, which was written with local input, municipal code.
Myth: Opponents equate incorporation advocates with the “Smart Growth” group.
The incorporation initiative is independent of other local groups, such as the “Smart Growth” group, that arose from opposition to the Eden Crossing development.
Myth: The new city will have conflicts with neighboring areas over boundaries.
There’s no evidence of this. City boundaries have already been set. We are already in friendly and cooperative relationships with our neighbors, such as Huntsville town.
Myth: Costs of planning professionals, tax collection, code enforcement, lobbyist fees, garbage collection, and elections will be too high.
All such costs and fees are encompassed in the LRB study’s analysis.
Myth: The sponsors lied about being able to opt out.
The opt-out process is defined by Utah Code, not by sponsors. Complaints about opting out come primarily from developers, who have their own resources to determine legal requirements.
Myth: Incorporation is backed by the “1%-ers” trying to take control of the valley.
Supporters come from across the Valley and income spectrum.
Myth: Incorporation backers are the group trying to bring sewer to the valley.
Sponsors have no affiliation with sewer promotion or opposition.
Myth: The sponsors are unrealistic and just want to push this through.
Sponsors’ efforts are substantiated by two independent studies: LRB and the opponents’ own Utah Foundation supplemental study. It’s taken four years to get incorporation on the ballot, two rounds of petitions, and much work! It’s not being “pushed through.”
Myth: We can get better representation by reorganizing the County Commission. We could even have three commissioners from Ogden Valley.
This effort has been tried and failed. Even with restructuring, we’d still be only 3% of the county’s population, unable to influence county elections. Having three districts exclusively representing the valley is impossible. By law, districts have to be equal in population. Having three commissioners from valley districts would require 105 districts of equal size in the rest of Weber County! Even if the valley had just one commissioner, the county would need 35 districts to meet state legal requirements
Myth: Local representation doesn’t guarantee good representation.
How can having locally elected representatives be worse than representation by three people who may not even live here? Voting for six council members ensures local representation and the accountability it brings.
Myth: The city will enact “abuses.”
If elected officials overreach, Valley residents can vote them out. Public hearings and local participation can also prevent such measures.
Myth: LRB, the state-selected firm that did the feasibility study, used bad numbers and “cooked” the outcome to get future business when the city is in trouble and needs bond work.
LRB wouldn’t damage its professional reputation by fudging numbers. The state has repeatedly selected LRB for many other feasibility studies. Manipulating the results would jeopardize LRB’s reputation and future business from the state.
Myth: Because of his emphasis on housing, the governor will impose more density in the valley because it’s a city.
This is pure speculation. A requirement that all cities create density is impossible and likely would be subject to serious legal challenges. Even if such an extreme measure were imposed, it would probably apply to counties, too, with respect to their unincorporated areas where they are responsible for planning. Thus, such a broad rule would also apply to the valley as unincorporated Weber County, just like the state’s current Moderate Income Housing law. One way or another, the valley will likely face demand for more density. Local representatives will guide location and type of density better than a remote county government.
Myth: The valley area is too large; we should incorporate smaller areas.
Ogden Valley is one area. Our children attend the same schools. We share the same General Plan. We function as a community. The state’s feasibility study affirmed that this size enables us to serve our population efficiently without raising taxes. It’s notable that incorporating a portion of the valley – Eden – previously was tried and failed because it didn’t meet required feasibility standards. Incorporating smaller areas will create a patchwork quilt of varied development. It also makes small towns vulnerable to domination by developers or special interests, as has happened in Hideout, Utah, on the northeast side of Jordanelle Reservoir. There, a developer founded the town, which continues to seek expansion on adjacent open lands for business and dense developments. We can’t let developers make a “Swiss cheese” of the valley by isolating and incorporating smaller towns. We are valley-strong with strength in our numbers.