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
MAY 3, 2004 BEGINNING AT 1:00 P.M.
IN THE COMMISSION BOARD ROOM
IN DUCHESNE, UTAH

Present:  Commission Chairman Larry S. Ross, Commissioner Lorna Stradinger, Commissioner Kent Peatross, Road Supervisor, Doug Nielsen and Andrea Arnold taking minutes.

Opening Prayer: Commissioner Peatross
Pledge of Allegiance:  All wishing to participate.

Road Items
Mr. Douglas Nielsen stated the commission has entered into an agreement with Horrocks Engineers for engineering services on the Bridgeland Bridge Restoration Project. The county has responsibility for twenty percent (20%) of the cost. Mr. Nielsen presented Project Modification #1 for the final design of the bridge. He stated the 20% cost for the county would be seventeen thousand, six hundred twenty dollars and no cents ($17,620.00). Commissioner Peatross motioned to approve the co-operative agreement with Horrocks Engineers for the Bridgeland Bridge Project Modification #1 for the amount of $17,620.00. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

Mr. Nielsen stated the road department is currently working on the Lake Boren Road. He stated it would be approximately ten (10) days to gravel, tack and coat the road. He stated from there they would begin work on Road #29. Commissioner Ross stated he has received a phone call from Mr. Leroy Pectol with a concern about the road by his residence. He stated the issue was that the school bus would not run down his road. Commissioner Ross stated he is aware the road is not a county road and was instructed to contact the Duchesne County School District to make arrangements with the bus supervisor.

...Deputy Attorney Roland Uresk joined the meeting...

Adopt Resolution 04-09 TriCounty Health Interlocal Agreement
Attorney Roland Uresk presented Resolution 04-09 TriCounty Health Interlocal Agreement that reads as follows:

INTERLOCAL COOPERATIVE AGREEMENT

This Interlocal Cooperative Agreement is entered into by Daggett County, Duchesne County, and Uintah County (individually herein, the “County,” and collectively herein, the “Counties”), each a political subdivision of the State of Utah, as of the _____ day of _______________, 200__, for the purpose of formalizing and memorializing the creation of TriCounty Health Department (herein, “TriCounty Health”), to more efficiently provide public health services for their citizens.

RECITALS

WHEREAS, the Utah Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated (1953, as amended) (the “Act”), permits local governmental units including cities, counties and political subdivisions of the State of Utah to make the most efficient use of their powers by enabling them to cooperate with each other on the basis of mutual advantage and to create interlocal entities to more efficiently provide governmental facilities, services and improvements to the general public; and,

WHEREAS, the Counties are committed to promoting the health and welfare and enhancing the quality of life for their citizens, including all incorporated and unincorporated areas of the Counties; and,

WHEREAS, each county within the State of Utah is required to create and maintain a local health department pursuant to the provisions of the Local Health Authorities Act, Title 26A, Chapter 1, Part 1, Utah Code Annotated (1953, as amended) (the “Health Authorities Act”), and the Health Authorities Act expressly authorizes two or more contiguous counties to unite to create and maintain a local health department; and,

WHEREAS, the Counties, which are contiguous, have previously jointly maintained a local health department known as the TriCounty Health Department (“TriCounty Health”) under the powers of the Local Health Authorities Act; and,

WHEREAS, TriCounty Health has operated and has been maintained by the Counties as a local health department as if created, organized and validly existing pursuant to the Act; and

WHEREAS the Counties desire to confirm, reaffirm and ratify the creation of TriCounty Health as the multi-county local health department for the Counties as an interlocal entity under the Act, and to hereby memorialize such creation; and,

WHEREAS, the Counties are each committed to maintaining TriCounty Health as the multi-county local health department within and for the benefit of the Counties; and,

WHEREAS, the Board of County Commissioners of each of the Counties has determined that reaffirming, ratifying and memorializing the creation of TriCounty Health and maintaining TriCounty Health as a multi-county local health department with powers to operate as an interlocal entity will enhance the public health, sanitation, public welfare and economic base of each of the Counties; and,

WHEREAS, the Counties desire to enter into this Interlocal Cooperative Agreement to ratify and reaffirm the creation of TriCounty Health as an interlocal entity to provide the functions and services of a multi-county local health department for the benefit of the Counties; and,

WHEREAS, this Interlocal Cooperative Agreement shall not become effective until it is first approved by resolution of the Board of County Commissioners of each of the Counties as evidenced by the execution hereof by the appropriate officers of said Counties;

NOW, THEREFORE, the Counties hereby express their commitments and agree as follows:

SECTION ONE

DEFINITIONS AND INTERPRETATIONS

A.     Meanings and Construction. The following terms, for all purposes of this Interlocal Cooperative Agreement, and any amendments hereto, shall have the meaning herein set forth:

          (1) “Act” shall mean the Utah Interlocal Cooperation Act,
          Title 11, Chapter 13, Utah Code Annotated (1953, as
          amended).
          (2) “Board of County Commissioners” shall mean the Board
          of County Commissioners of each of the Counties.
          (3) “Counties” shall mean collectively Daggett County, Utah,
          Duchesne County, Utah, and Uintah County, Utah and their
          successors.
          (4) “Governing Body” shall mean the governing body of
          TriCounty Health.
          (5) “Health Authorities Act” shall mean the Local Health
          Authorities Act, Title 26A, Chapter 1, Part 1, Utah Code
          Annotated (1953, as amended).
          (6) “Interlocal Cooperative Agreement” shall mean this
          Interlocal Cooperative Agreement and any amendments and
          supplements thereto.
          (7) “TriCounty Health” shall mean the TriCounty Health
          Department, a multi-county local health department whose
          creation and maintenance is reaffirmed and memorialized by
          this Interlocal Cooperative Agreement, pursuant to both the
          Interlocal Cooperation Act and the Health Authorities Act.

B.     Interpretations. This Interlocal Cooperative Agreement, except where the context by clear implication herein otherwise requires, shall be construed as follows:

          (1) definitions include both singular and plural;
          (2) pronouns include both singular and plural and cover both
          genders; and
          (3) the captions or headings of this Interlocal Cooperative
          Agreement are for convenience only and in no way define,
          limit or describe the scope or intent of any provision, article
          or section of this Interlocal Cooperative Agreement.

C.     Successors. Whenever TriCounty Health is named or is referred to herein, such provisions shall be deemed to include the successors of TriCounty Health whether so expressed or not.

SECTION TWO

FORMATION AND POWERS OF TRICOUNTY HEALTH

A.     Formation of TriCounty Health. This Interlocal Cooperative Agreement creates TriCounty Health, an interlocal entity. Pursuant to Utah Code Annotated section 11-13-203(1), TriCounty Health is separate from the Counties, a body politic and corporate, and a political subdivision of the state. It shall have the power to perform all functions consistent with a multi-county local health authority as described in the Health Authorities Act. TriCounty Health shall be a not-for-profit entity. Any net earnings of TriCounty Health (other than those required to retire indebtedness of TriCounty Health or to implement any program undertaken by it) will not inure to the benefit of any private person.

B.     Powers of TriCounty Health. TriCounty Health shall have the power to:

          (1) Exercise all powers and functions necessary to provide
          public health services, in all unincorporated and incorporated
          areas of the Counties, as a multi-county local health
          department created and maintained under the Local Health
          Authorities Act.
          (2) Own, acquire, construct, lease, operate, maintain and
          repair or cause to be constructed, operated, leased,
          maintained and repaired physical facilities for the operation,
          maintenance or assistance of a multi-county local health
          authority and any related facility of improvement.
          (3) Issue bonds or notes for the purpose of financing facilities
          or improvements, pursuant to Utah Code Annotated section
          11-13-218(2)(a). Any such bonds or notes are not and shall
          not be a debt of the Counties that are a party to this Interlocal
          Cooperative Agreement, pursuant to Utah Code Annotated
          section 11-13-218(2)(c).

SECTION THREE

DURATION

This Interlocal Cooperative Agreement shall be in full force and effect and be legally binding upon the Counties only after its execution and approval by resolution by the Board of County Commissioners of each County. Thereafter this Interlocal Cooperative Agreement shall continue as a binding contract for a period of fifty (50) years, at which time it may be terminated or a new contract executed.

SECTION FOUR

GOVERNING ORGANIZATION

A.     Board of Health. TriCounty Health shall be governed by the TriCounty Board of Health, subject to the limitations set forth in Section 26A-1-109 Utah Code Annotated.

          (1) Membership. Membership of the TriCounty Board of
          Health shall consist of nine (12) members, as follows, one (1)
          commissioner from each county, one (1) school district
          representative, and two (2) members of the public at large.
          Members are to be appointed by the commissioners of the
          respective counties. The board of health shall be nonpartisan.
          An employee of TriCounty Health may not be a board
          member. All board members shall reside within the area
          served by TriCounty Health. A majority of board members
          may not: (a) be primarily engaged in providing health care or
          in the administration of facilities or institutions in which health
          care is provided; (b) hold a fiduciary position or have a
          fiduciary interest in any entity involved in the provision of
          health care; (c) receive either directly or through a spouse
          more than one-tenth (1/10) of the board member’s gross
          income from any entity or activity relating to health care; and
          (d) be members of one particular type of business or
          profession.
          (2) Term. Appointments shall be for a term of three (3) years
          and shall be made, as possible, so one-third of the terms of
          office of those serving on the board of health expire each
          year. Board members appointed to fill vacancies shall hold
          office until expiration of the terms of their predecessors.
          Board members may be appointed to successive terms
          pursuant to the policies of the respective counties

B.     Officers. The board of health shall elect a chair, a vice-president, and a secretary. The health officer of TriCounty appointed pursuant to Section 26A-1-110 UCA, may serve as secretary to the board of health.

C.     Director. The Director of the TriCounty Health shall be the local health officer, and shall be appointed, hold office, and have the powers as set forth in Section 26A-1-110 UCA, and may be removed as set forth in Section 26A-1-111 UCA.

D.     Meetings. Regular meetings of the board of health shall be held not less than once every three months. Special meetings may be called by the chair, or a majority of the board members at any time by providing three days notice by mail to each board member, or in the case of emergency, as soon as possible after all board members have been notified.

E.     Quorum. A majority of the board of health shall constitute a quorum.

F.     By laws. The Board of Health may adopt and amend bylaws, not inconsistent with this agreement and State law, for the transaction of business.

G.     Compensation. Board members serve without compensation, but shall be reimbursed for actual and necessary traveling and subsistence expenses when absent from their place of residence in attendance at authorized meetings.

H.     Personnel. The Governing Board shall approve all changes to TriCounty Health’s merit system, personnel policies, and compensation plans. The provisions of Utah Code Annotated Section 26A-1-112 shall apply generally to appointment of personnel, including removal for cause.

I.     Reports. The board shall, annually, report the operations of TriCounty and the board to the local governing bodies of the municipalities and counties served by TriCounty and, in addition, send a copy of TriCounty’s approved budget to the department and all local governing bodies of the municipalities and counties served by TriCounty. The report and the copy of the approved budget shall be submitted no later than thirty (30) days after the beginning of TriCounty’s fiscal year.

SECTION FIVE

FUNDING AND BUDGETING

A.     Funding. TriCounty Health shall be funded by federal, state and local grants, contracts with various agencies to provide health services, fees accessed for services and annual appropriations from each of the counties

B.     Operating Budget. The fiscal year of TriCounty Health shall end on each June 30. The Director of TriCounty Health shall, by August, submit to the Board of Health, a proposed annual budget for the following fiscal year. The Board of Health shall adopt an annual budget for each fiscal year in compliance with the Uniform Fiscal Procedures Act for Counties, Title 17, Chapter 36, Utah Code Annotated (1953, as amended). The proposed annual budget, approved by the Board, shall be presented to the Counties for amendment and/or approval no later than September 30th of each year. Prior to final adoption, the budget shall be approved by the Board of County Commissioners for each County, and shall not be effective until so approved.

C.     Security for Financing Physical Facilities. To facilitate the financing of physical facilities within the County, each County may enter into a lease or other financing arrangement with TriCounty Health with respect to the operation and utilization of said physical facilities. Although a County shall not be legally bound beyond its current fiscal year for payments to be made to TriCounty Health with respect to the operation and utilization of physical facilities, it nonetheless may find its annually renewable obligations to TriCounty Health from certain taxes and other legal available monies.

D.     Procedure for Setting Fees. The Board of Health shall, annually, establish and adopt a fee schedule for all TriCounty Health services for which there is a charge, based on recommendations provided by the Director. The provisions of Section 26A-1-114 UCA shall apply generally to the establishment and collection of fees by TriCounty Health.

E.     Approval of Sources of Revenue. The Director shall present all new and renewed contracts, grants, or other sources of revenue, for public health purposes, to the Board of Health for approval. The Board shall authorize the making of agreements not in conflict with state law that are conditional to receiving a donation or grant. After Board approval, the Director is authorized to sign for and receive any such revenue. The Board may direct the Director to cancel or not renew any contract, grant, or other source of revenue.

F.     Procedure for Determining Treasurer. The Uintah County Treasurer shall serve as treasurer for TriCounty Health. The Uintah County Treasurer may delegate such responsibility to one of the other County Treasurers, with written concurrence from the new treasurer and the treasurer’s County Commission. Any delegation also shall be accompanied by a written memorandum of understanding between the Uintah County Treasurer and the new treasurer, specifying all required duties, with a signed copy to TriCounty Health. The treasurer, or other disbursing officer authorized by the treasurer, may make payments from monies for the joint services of the Counties upon audit of the appropriate auditing officer or officers representing the Counties. The provisions of Section 26A-1-118 UCA shall apply generally to the treasurer of TriCounty Health.

SECTION SIX

LEGAL REPRESENTATION

A.     Legal Representative. The Uintah County Attorney is designated as the legal officer for TriCounty Health. However, the county attorney of the county where an action arises shall act as legal advisor to TriCounty Health, and defend all actions and proceedings bought against TriCounty Health, the Board, or officers and employees. The Uintah County Attorney shall be informed of each such action.

B.     Conflicts of Interest. In the event that there is a conflict of interest involving the county attorney acting as legal advisor to TriCounty Health, or defending an action against TriCounty Health, the Board, or officers and employees, the Uintah County Attorney shall assign a county attorney of a county participating herein to act as legal advisor.

SECTION SEVEN

REPRESENTATIONS AND WARRANTIES

A.     County Representations. Each County represents and warrants that it is a political subdivision of the State of Utah and is authorized to enter into the transactions contemplated by this Interlocal Cooperative Agreement and to carry out its obligations hereunder, including funding TriCounty Health in accordance with the Health Authorities Act.

B.     No Litigation Representation. Each County represents and warrants that there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or threatened to which said County, as applicable, is a party or to which any of its property is subject, which if determined adversely to said County, would individually or in the aggregate (i) affect the validity or the enforceability of this Interlocal Cooperative Agreement, or (ii) otherwise materially adversely affect the ability of the said County to comply with its obligations under this Interlocal Cooperative Agreement or the transactions contemplated by this Interlocal Cooperative Agreement.

SECTION EIGHT

TERMINATION AND DISSOLUTION

     Upon termination and dissolution of this Interlocal Cooperative Agreement, title to all assets of TriCounty Health shall revert to the Counties in proportion to their commitment to secure payment on any bonds issued by TriCounty Health and to provide funds to maintain TriCounty Health. Upon termination the TriCounty Board of Health is authorized to take such actions as shall be necessary to effectuate the dissolution of TriCounty Health and to dispose of the property of TriCounty Health.

SECTION NINE

MISCELLANEOUS

A.     Interlocal Agreement to be kept on file. Each County covenants that this Interlocal Cooperative Agreement shall be filed with its keeper of records.

B.     Assignment. None of the Counties may assign any interest herein without consent of all other parties to this Interlocal Cooperative Agreement and receipt by TriCounty Health. The terms of the Interlocal Cooperative Agreement shall insure to the benefit of and be binding upon the respective representatives and successors of the Counties.

C.     Counterparts. This Interlocal Cooperative Agreement may be executed in several counterparts, any one of which shall be regarded for all purposes as one original. Each County agrees that it will execute any and all deeds, instruments, other legal documents and resolutions or ordinances necessary to give effect to the terms of this Interlocal Cooperative Agreement.

D.     Entire Contract. This Interlocal Cooperative Agreement merges and supersedes all prior negotiations, representations and agreements between the Counties relating to the subject matter hereof and constitutes the entire contract between the Counties concerning the formation and powers of TriCounty Health. Nonetheless, it is the intent and purpose of this Interlocal Cooperative Agreement to memorialize and reaffirm the formation and powers exercised by TriCounty herefore, without adding thereto or subtracting therefrom.

E.     Amendment. This Interlocal Cooperative Agreement shall not be modified or amended except in writing, which shall be signed by the duly authorized representative of the Counties after adoption of a resolution by the Board of County Commissioners of each County approving the modification or amendment.

F.     Attorney Fees. The prevailing party in any litigation to interpret and/or enforce the provisions of this Interlocal Cooperative Agreement shall be entitled to an award of reasonable attorneys fees and costs, in addition to such other and further relief that the court grants. Except as expressly provided in this Interlocal Cooperative Agreement, no breach of this Interlocal Cooperative Agreement shall entitle any party to unilaterally cancel, rescind or terminate this Interlocal Cooperative Agreement; but such limitations shall not affect in any manner any other rights or remedies which either party may have by reason of any such breach.

G.     Severability. Whenever possible each provision of this Interlocal Cooperative Agreement shall be interpreted in such a manner as to be valid; but, if any provision of this Interlocal Cooperative Agreement shall be held, in a final judicial determination, to be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision or the remaining provisions of this Interlocal Cooperative Agreement. Notwithstanding the foregoing, however, should such judicially determined invalidity of any provision of this Interlocal Cooperative Agreement frustrate the intended purpose of the member entities, as expressed herein, such invalidity shall cause this Interlocal Cooperative Agreement to be terminated, with the parties, to the extent possible, to be restored to the status quo as though this Interlocal Cooperative Agreement had not been executed.

H.     Conflict with State Law. To the extent that any provision contained in this Interlocal Cooperative Agreement is or subsequently comes in conflict with Utah Code Annotated section 26A-1-101 et seq., as amended, the latter shall be controlling with respect to the organization and operation of TriCount Health.

I.     Governing Law. This Agreement shall be governed by the laws of the State of Utah.

Attorney Uresk stated TriCounty Health Director, Mr. Joseph Schaffer, is not in agreement with the approval of the resolution. He has informed Attorney Uresk that the make up of the board cannot have twelve (12) members because Daggett County does not have as much representation as Duchesne County and Uintah County. Commissioner Ross stated that all three (3) counties should have equal representation on the health board. Commissioner Stradinger agreed. Commissioner Peatross motioned to adopt Resolution 04-09 TriCounty Health Interlocal Agreement. Commissioner Stradinger seconded the motion. All commissioners voted aye and the motion passed.

...Lance Denver joined the meeting...

Property Tax Refund for Property Account #00-028-1448
Commissioner Ross stated there has been previous conversation concerning a the property taxes for property #00-028-1448 that were incorrectly billed by the Assessor’s Office in previous years and have now been billed as escaped taxes. The amount that has been billed without penalties and interest is seven thousand, one hundred ninety-one dollars and eighty-four cents ($7,191.84). Commissioner Ross stated the commission accepts that both the county and the property owner have responsibility in this issue. He stated the county would pay part of the taxes due. Mr. Lance Denver stated he does not see how the county can go back and bill for back taxes when it was the county’s mistake for billing the incorrect amount in the first place. Commissioner Ross stated the County Assessor’s using the definition of the escaped tax clause of the Utah State Code as reason for billing the back taxes. Commissioner Peatross stated the county could forgive the first year of back taxes and Mr. Denver could be responsible for the remaining years because he admits he noticed there was an error in the billing and did not report it to the Assessor’s Office. As a property owner, you have the responsibility to report discrepancies in your tax billing. Commissioner Stradinger stated the escaped tax clause is too vague and falls into a gray area of who should have responsibility. She stated the county could forgive fifty percent (50%) of the taxes and the remaining 50% would be due. She stated the county is half at fault and the property owner is half at fault in this issue. Mr. Denver stated he would be agreeable to pay 50% of the back taxes. Commissioner Stradinger motioned to forgive 50% of the back taxes owed for property #00-028-1448. Commissioner Peatross seconded the motion. (Commissioner Ross abstained his vote). Both commissioners voted aye and the motion passed.

...County Clerk/Auditor Diane Freston joined the meeting...

Adopt Resolution 04-12 – A Resolution Authorizing the Issuance and Sale of Not More Than $3,600,000 Aggregate Principal Amount of General Obligation Refunding Bonds, Series 2004 of Duchesne County, Utah; Fixing the Maximum Aggregate Principal Amount of the Bonds, the Maximum Number of Years Over Which the Bonds May Mature, the Maximum Interest Rate Which the Bonds May Bear, and the Maximum discount from Par at Which the Bonds May be Sold; Providing for the Publication of a Notice of Bonds to be Issued; Providing for the Running of a Contest Period; and Related Matters
County Clerk/Auditor Diane Freston presented the following resolution for approval:

RESOLUTION NO. 04-12

          A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $3,600,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004 OF DUCHESNE COUNTY, UTAH; FIXING THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF THE BONDS, THE MAXIMUM NUMBER OF YEARS OVER WHICH THE BONDS MAY MATURE, THE MAXIMUM INTEREST RATE WHICH THE BONDS MAY BEAR, AND THE MAXIMUM DISCOUNT FROM PAR AT WHICH THE BONDS MAY BE SOLD; PROVIDING FOR THE PUBLICATION OF A NOTICE OF BONDS TO BE ISSUED; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD; AND RELATED MATTERS.

WHEREAS, pursuant to a special bond election duly and lawfully called and held by the Board of County Commissioners of Duchesne County, Utah (the “Issuer”), the Commission authorized the issuance and sale of the Issuer’s General Obligation Bonds, Series 1996A in the original principal amount of $5,000,000 (the “Series 1996A Bonds”) for the purpose of financing a county jail and related facilities; and

WHEREAS, pursuant to the provisions of the Utah Refunding Bond Act, Title 11, Chapter 27, Utah Code Annotated 1953, as amended (the “Act”), the Issuer desires to save money by issuing its General Obligation Refunding Bonds, Series 2004 (the “Series 2004 Bonds”) to advance refund all or a portion of its outstanding Series 1996A Bonds (the “Refunded Bonds”); and

WHEREAS, the Act provides for the publication of a Notice of Bonds to be Issued, and the Commission desires to publish such a notice at this time in compliance with the Act with respect to the Series 2004 Bonds;

NOW, THEREFORE, it is hereby resolved by the Board of County Commissioners of Duchesne County, Utah, as follows:

The Commission hereby finds and determines that it is in the best interests of the Issuer and the residents of Duchesne County, Utah for the Issuer to issue not more than $3,600,000 aggregate principal amount of its Series 2004 Bonds, to bear interest at a rate or rates of not to exceed five percent (5.0%) per annum, to mature in not more than thirteen (13) years from their date or dates, and to be sold at a price not less than ninety-eight percent (98%) of the total principal amount thereof for the purpose of refunding the Refunded Bonds, and the Commission hereby declares its intention to issue the Series 2004 Bonds according to the provisions of this Section and a final bond resolution to be adopted upon the sale of the Series 2004 Bonds in substantially the form attached hereto as Exhibit “B” (the “Final Bond Resolution”).

The Commission has appointed Zions Bank Public Finance to act as its financial advisor and it has appointed Smith Hartvigsen, PLLC to act as Bond Counsel and directs officers and staff of the Issuer to work with Zions Bank Public Finance and with Smith Hartvigsen, PLLC to proceed with the preparation of a preliminary official statement and the sale of the Series 2004 Bonds and to make other necessary preparations for marketing the Series 2004 Bonds.

The Commission hereby authorizes and approves the issuance and sale of the Series 2004 Bonds, pursuant to the provisions of this Resolution and the Final Bond Resolution to be adopted by the Commission authorizing and confirming the issuance and sale of the Series 2004 Bonds, with such changes thereto as shall be approved by the Commission upon the adoption of the Final Bond Resolution, provided that the principal amount, interest rate or rates, maturity and discount shall not exceed the maximums set forth in Section 1 hereof.

In accordance with the provisions of the Act, the Commission has designated the Uintah Basin Standard as the official newspaper of the Issuer authorized to publish legal notices for the Issuer, and in accordance with the provisions of the Act, the County Clerk/Auditor shall cause the following “Notice of Bonds to be Issued” to be published one (1) time in the Uintah Basin Standard, a newspaper of general circulation in the Issuer, and shall cause a copy of this Resolution (together with all exhibits hereto) to be kept on file in her office in Duchesne, Utah, for public examination during the regular business hours of the Commission until at least thirty (30) days from and after the date of publication thereof. The “Notice of Bonds to be Issued” shall be in substantially the following form:

NOTICE OF BONDS TO BE ISSUED

NOTICE IS HEREBY GIVEN pursuant to the provisions of the Utah Refunding Bond Act, Title 11, Chapter 27, Utah Code Annotated 1953, as amended, that on May 3, 2004, the Board of County Commissioners (the “Commission”) of Duchesne County, Utah (the “Issuer”) adopted a resolution (the “Resolution”) in which it authorized the issuance of the Issuer's General Obligation Refunding Bonds, Series 2004 (the “Series 2004 Bonds”) in the aggregate principal amount of not to exceed Three Million Six Hundred Thousand Dollars ($3,600,000), to bear interest at a rate or rates of not to exceed five percent (5.0%) per annum, to mature in not more than thirteen (13) years from their date or dates, and to be sold at a price not less than ninety-eight percent (98%) of the total principal amount thereof, plus accrued interest to the date of delivery.

The Series 2004 Bonds, pursuant to the Resolution, are to be issued for the purpose of saving money by (i) refunding all or a portion of the Issuer’s outstanding General Obligation Bonds, Series 1996A, and (ii) paying issuance expenses to be incurred in connection with the issuance and sale of the Series 2004 Bonds.

The Series 2004 Bonds are to be issued and sold by the Issuer pursuant to the Resolution, including as part of said Resolution the draft of a Final Bond Resolution which was before the Commission and attached to the Resolution in substantially final form (collectively, the “Bond Resolution”), and said Final Bond Resolution is to be adopted by the Commission in such form and with such changes thereto as shall be approved by the Commission upon the adoption thereof; provided that the principal amount, interest rate or rates, maturity and discount of the Series 2004 Bonds will not exceed the maximums set forth above.

A copy of the bond Resolution is on file in the office of the County Clerk/Auditor of Duchesne County, Utah located at 734 N. Center, Duchesne, Utah, where they may be examined during regular business hours of the County Clerk/Auditor from 8:00 a.m. to 5:00 p.m. for a period of at least thirty (30) days from and after the date of publication of this notice.

NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after the date of the publication of this notice is provided by law during which any person in interest shall have the right to contest the legality of the Bond Resolution or the Series 2004 Bonds, or any provision made for the security and payment of the Series 2004 Bonds, and that after such time, no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever.

It is hereby declared that all parts of this Resolution are severable, and if any action, clause or provision of this Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, clause or provision shall not affect the remaining sections, clauses or provisions of this Resolution.

All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its approval and adoption.

APPROVED AND ADOPTED this May 3, 2004.

Commissioner Peatross motioned to approve Resolution 04-12. Commissioner Stradinger seconds the motion. Both commissioners vote aye and the motion passes. (Commissioner Ross has been called out of the meeting).

Approval of 2004 Election Judges
Clerk/Auditor Freston presented a list of individuals for approval as election judges for 2004. Commissioner Stradinger motions to approve the election judges for 2004. Commissioner Peatross seconds the motion. Both commissioners voted aye and the motion passed.

Adopt Resolution 04-10 Utah Association of Counties Transient Room Tax Agreement
This item has been postponed until May 10 because it was incorrectly notices as Resolution 04-10. The appropriate agenda item should be Ordinance 04-221.

...County Assessor Greg Garff joined the meeting...

Tax Adjustments – Auditor
Clerk/Auditor Freston stated Highland Development has appealed their property taxes for the year 2003. She stated it was her understanding that the commission had motioned to honor the state’s decision for 2002 taxes and apply that same decision to 2003 taxes. In response to that motion, she sent Highland Development a letter informing them of that decision. Clerk/Auditor Freston asked for direction from the commission. Commissioner Peatross stated the letter states the county will honor the state’s decision for 2002 and apply it to 2003; and that offer would be rescinded if they chose to appeal for 2003. Commissioner Stradinger stated it might appear to the state that the county is incompetent if this issue is appealed again. Attorney Uresk stated it appears Highland Development has rejected the county’s offer to honor 2002’s decision for 2003 and will have to go through the appeals process again.

Tax Adjustments – Treasurer
Commissioner Stradinger motioned to defer tax payments for property #00-028-7635 based on the morning meeting discussion and the County Treasurer’s recommendation. Commissioner Peatross seconded the motion. Both commissioners voted aye and the motion passed.

Commissioner Stradinger motioned to defer tax payments for property #00-032-5710 based on the morning meeting discussion and the County Treasurer’s recommendation. Commissioner Peatross seconded the motion. Both commissioners voted aye and the motion passed.

Tax Adjustments – Assessor
Andrea Arnold presented the following adjustments from the Assessor’s Office:

Account #/ Serial #	Year	+Debit -Credit	Comments
032MFC	2004	-$150.00	Refund Native American Exemption.

Commissioner Peatross motioned to approve the adjustment. Commissioner Stradinger seconded the motion. Both commissioners voted aye and the motion passed.

Minutes of Meeting Held April 26, 2004
Commissioner Peatross motioned to approve the minutes as corrected. Commissioner Stradinger seconded the motion. Both commissioners voted aye and the motion passed.

Vouchers
Andrea Arnold presented vouchers #87795 through #87885 in the amount of one hundred forty-seven thousand, nine hundred seventy-seven dollars and eighty-two cents ($147,977.82). Commissioner Stradinger motioned to approve payment of the vouchers. Commissioner Peatross seconded the motion. Both commissioners voted aye and the motion passed.

Adjournment
The commission adjourned the meeting at 2:30 p.m.

 

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