Clerk/Auditor
Minutes
Duchesne County
Commission Meeting

Duchesne County
Commission Meeting

The following document has been re-formatted from the original for Internet accessibility.  County Commission Minutes, in their original format, are available through the Office of the County Clerk/Auditor.

MINUTES FOR REGULAR COMMISSION MEETING HELD DECEMBER 9, 2002 BEGINNING AT 1:00 P.M. IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Commissioners Present:  Commission Chairman Lorna Stradinger, Commissioner Larry S. Ross, and Commissioner Guy R. Thayne.

Others Present:  Road Supervisor Douglas Nielsen, Bud Steffen, and Carol Casey taking minutes.

Prayer: Commissioner Ross
Pledge of Allegiance

Road Issues:  Mr. Nielsen presented partial payment request No. 16 in the amount of $15,869.88 from Horrocks Engineers on the Arcadia Road STP-1544(1)5.  The work is 71.37% finished and 50.62 % has been billed.

Motion:   Commissioner Thayne made a motion to accept the partial payment request No. 16 in the amount of $15,869.88 to Horrocks Engineers.  Commissioner Ross second.   Motion carrid.  Roll Call Vote:  All Commissioners Voting Aye.

Mr. Nielsen also presented payment request #1 in the amount of $4,111.89 for project No. BRO-LC13(4).  This is for preliminary design, environmental, & DSR engineering services on the Bridgeland Bridge.

Motion:   Commissioner Ross made a motion to accept payment request No. 1 in the amount of $4,111.89.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration and Appointment of County Board Members
Motion:  Commissioner Thayne made a motion to table the appointment of board members until the applicants are interviewed.  Commissioner Ross second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Consideration of Adoption of Resolution 02-15
Mr. Bud Steffen presented Resolution 02-15 an annexation into Johnson Water District.

A RESOLUTION DECLARING THAT THE PUBLIC HEALTH, CONVENIENCE, AND NECESSITY, REQUIRE THE ANNEXATION OF CERTAIN PROPERTIES TO THE JOHNSON WATER DISTRICT AND DECLARING THE INTENT OF THE BOARD OF COMMISSIONERS OF DUCHESNE COUNTY TO ANNEX INTO THE JOHNSON WATER DISTRICT SAID PROPERTIES

WHEREAS, the Board of Commissioners of Duchesne County, State of Utah, hereby declare that the public health, convenience, and necessity require the annexation of certain properties into the Johnson Water District, and

WHEREAS, all property included within the boundary of this proposed annexation will be benefited be annexation into the Water District, and

WHEREAS, none of the area to be annexed is also within the boundaires of any other special service district established by Duchesne County, nor is the area to be annexed within any other district presently providing similar services,

BE IT THEREFORE RESOLVED by the Board of County Commissioners of Duchesne County as follows:

1. The public health, convenience, and necessity require the annexation of certain properties into the Johnson Water District.

2. The boundaires of htis area to be annexed are as follows:  SEC 28 TOWNSHIP 3 SOUTH RANGE 2 WEST USM; BEG SOUTHEASE CORNER OF SOUTHWEAST 1/4 NORTHEAST 1/4; THENCE WEST 350 FT TO WEST SIDE OF A DRIVE WAY; THENCE NORTH 660 FT; THENCE EAST 350 FT M/L TO EAST LINE OF SOUTHWEST 1/4 NORTHEAST 1/4; THENCE SOUTH 660 FT/M/L TO BEGINNING. 5.30 ACRES

3. Public hearing on the question of the annexation of said property into the Johnson Water District shall be held by the Board of County Commissioners at the Duchesne County Administration Building, 734 North Center Street, Duchesne,, Utah, at 2:00 p.m. on Monday, January 6, 2003 at which time all interested persons or parties may appear and be heard, either in support of or in opposition to the annexation of the property into the district.

4. The notice of intention to annex said property into the Johnson Water District as set forth in Section Five shall be published at least onece a week during three consecutive weeks, the first publication to be not less than 21 days nor more than 35 days before the hearing, in the Uintah Basin Standard, a newspaper having general circulation in Duchesne County.

5. The notice of intention to be published shall be substantailly in the following form:

NOTICE OF INTENTION TO ANNEX CERTAIN PROPERTIES INTO THE JOHNSON WATER DISTRICT
Notice is heareby given that on December 9, 2002, the Board of County Commissioners of Duchesne County adopted a Resolution declaring that the public health, convenience, and necessity require the annexation of certain property within the Johnson Water District.  The Resolution also provides for a public hearing on the annexation of the property into the district, to be held at the Duchesne County Administration Building, 734 North Center Street, Duchesne, Utah at 2:00 p.m. on Monday, January 6, 2003.   Description of proposed annexed property:  the area to be annexed is described as follows:  SEC 28 TOWNSHIP 3 SOUTH RANGE 2 WEST USM; BEG SOUTHEASE CORNER OF SOUTHWEAST 1/4 NORTHEAST 1/4; THENCE WEST 350 FT TO WEST SIDE OF A DRIVE WAY; THENCE NORTH 660 FT; THENCE EAST 350 FT M/L TO EAST LINE OF SOUTHWEST 1/4 NORTHEAST 1/4; THENCE SOUTH 660 FT/M/L TO BEGINNING. 5.30 ACRES.

PUBLIC HEARING ON PROPOSED ANNEXATION INTO THE JOHNSON WATER DISTRICT.  The Board of Commissioners will hold a public hearing on the annexation of the above-described property into the Johnson Water District at the Duchesne County Administration Building, 734 North Center Street, Duchesne, Utah at 3:00 p.m. on Monday, February 2, 1998.  Any interested person may protest the annexation into the district, either orally at the hearing or in writing, at any time prior to the hearing.  Written protest must be filed with the Coutny Clerk and may be withdrawn by the protestant at any time before the County annexes the property into the District.

Any protest signed on behalf of a corporation having an interest in the area shall be sufficient if it is signed by the president, the vice president, or any duly authorized agent of the corporation. For title to any properties held in the name of more than one person, all of the persons holding title to the property must join in the signing  of the protest.  At said public hearing the Board of Commissioenrs will give full consideration to all protest which shall be been filed and will hear and consider all interested persons desiring to be heard.

At said public hearing, the Board of County Commissioners may continue the hearing from time to time.  After conclusion of the hearing, the Board of County Commissioners shall adopt a Resolution either annexing the property into the Johnson Water District or determining that the annexation into the district should be abandoned, and may in its discretion reduce the boundary of the area to be annexed.

If within 15 days after the conclusion of the hearing, over fifty percent (50%) of the owners of over fifty percent (50%) of a table value of a taxable property included within the proposed annexed area, file written protests against annexation into the district with the County Clerk, the Board is required by law to abandon the proposed annexation of the property into the district.

Any person who shall come at or any time prior to the date and time above specified for the hearing and file a written protest with the county clerk against the annexation of said property to the district and whose property has been included within the boundaries of the proposed annexed area, notwithstanding usch protest, may within thirty (30) days after the adoption of the Resolution annexing said property into the district, apply to the District Court of the Eighth Judicial District, for a Writ of Review of the actions of the County annexing said property into the District, only upon the grounds, however, that his property will not be benefited by services authorized to be furnished by the district or that the proceedings taken in the annexation of said property in the district have not been in compliance with law.

A FAILURE TO APPLY FOR SUCH WRITE OF REVIEW WITHIN THE PRESCRIBED TIME SHALL FORECLOSE ALL OWNERS OF PROPERTY WITHIN THE PROPOSED AREA OF ANNEXATION INTO THE DISTRICT FROM THE RIGHT TO FURTHER OBJECTION THERETO.

1. The officers of Duchesne County, Utah are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution.

2. If any one or more sections, sentences, clauses, or parts of this Resolution shall for any reason be questioned or held invalid, such judgment shall not effect, impair, or invalidate the remaining provisions of this Resolution but shall be confined in its operation to the specific section, sentences, clauses, or part of this Resolution so held unconstitutional and invalid; and the inapplicability and invalidity of any section, sentences, clauses or part of this Resolution in any one or more instances shall not effect or prejudice in any way the applicability and validity of this Resolution in any other instances.

3. All resolutions, bylaws, and regulations of Duchesne County, Utah in conflict with this Resolution are hereby repealed to the extent only of such inconsistency.  This repeal shall not be construed to revive resolution, bylaw, or regulation or part thereof heretofore repealed.

Motion:  Commissioner Ross made a motion to adopt Resolution 02-15 and to hold a public hearing January 6, 2003 at 2:00 PM in the Commission Chambers.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Auditor's Office - Vouchers - Tax Adjustments - Personnel Issues - Time Sheets

Approval of November 25, 2002 Commission Minutes - The minutes were reviewed.  Motion:  Commissioner Ross made a motion to accept the minutes with corrections.  Commissioner Thayne second.   Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Vouchers:  Deputy Clerk/Auditor Becky Norris presented vouchers #81855 to #81930 and pre-draw #81854 totaling $265,384.97 for approval.

Motion:  Commissioner Ross made a motion to accept the vouchers.  Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Tax Adjustment - Auditor

Serial/Account	Year	Debit/Credit	Comment
0119655	2002	-$170.97	Corrected acres on two accounts
0147375	2002	-$457.26	Corrected Assessment

 

Motion:   Commissioner Ross made a motion to accept the assessor's tax adjustments.   Commissioner Thayne second.  Motion carried.  Roll Call Vote:  All Commissioners Voting Aye.

Adjournment:  2:00 PM

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