HomeMy Public PortalAboutRES-CC-2001-05RESOLUTION 05-2001
A RESOLUTION DECLARING THE CITY OF MOAB'S SUPPORT OF THE
ELDANSION OF SERVICES OF THE GRAND COUNTY SOLID WASTE
MANAGEMENT DISTRICT #1
WHEREAS, the boundaries of the City of Moab are included m the
boundaries of the Grand County Sohd Waste Management District 41, and
WHEREAS, Utah Code § 17A 2-1304 hsts services that may be
performed, mdtvidually or m combmatton, by a special service district mcludmg
"garbage," and Utah Code § 17A-2-1327 provides that the governmg body may expand
the services of a geoid service district; and
WHEREAS, Grand County has declared that the pubhc health,
convenience, and necessity require services to remedate the County shooting range be
provided m Grand County, and the Council wishes to expand the services of the District
to mclude said new services, and
WHEREAS, Grand County Resolution 112531 declares Grand County's
intent to expand the services of the Grand County Solid Waste Management Distnct to
mclude services to remedate the County shooting range, and is attached to this
resolution,
WHEREAS, Grand County has requested that the City of Moab approve
Grand County Resohrtion #2531,
NOW, THEREFORE, BE IT RESOLVED by the Moab City
Governmg Body that the City of Moab approves of the intent and content of Grand
County Resolution # 2531, with the following conditions
1
2
That the City approve of any and all Requests for
Proposals advertised and/or contracts let for expenditure
of funds for the purpose of remediatmg the County
Shootmg range, and
That the City is entitled to request and receive any other
fmancal assurance from the Grand County Solid Waste
Management Distnct it deems necessary to venfy the
financial position of the Distnct
PASSED, ADOPTED AND APPROVED by the Governing Body of the
City of Moab m open session this 27d' day of March, 2001 This resolution shall take
effect immediately ediately upon passage
ATTEST
Kai OuS-Y.20,^-d\/-,
Rachel Ellison
City Recorder
Karla R Hancock
Mayor
GRAND COUNTY COUNCIL MEMBERS
IGmberly Schappert (Chair) Al McLeod (Vice Chair) Bart Leavitt
Jerry McNeely Jim Lewis • Joette Langunese Susanne Mayberry
March 23, 2001
Ms Donna Metzler, City Manager
City of Moab
115 West 200 South
Moab, Utah 84532
Dear Ms Metzler
Enclosed is a copy of Resolution No 2531 regarding expansion of services for
the Grand County Solid Waste Management Spectral Service Distnct adopted by the
Giimd County Council on March 19, 2001 This resolution should be approved by the
City of Moab and the Town of Castle Valley withm 30 days of the receipt of this copy
If you have any questions or concems, please contact Jane Jones at the Solid
Waste Management Special Service District at 259-3867 Thank you for your assistance
m this matter
Sincerely,
Judy Bane
County Admuustrator
Enclosure
JB mb
125 E Center Street, Moab, UT 84532 (435) 259-1346 (435) 259-2574 Fax council@grand state ut us
RESOLUTION NO. 4.5.3 /
A RESOLUTION DECLARING THAT THE PUBLIC
HEALTH, CONVENIENCE, AND NECESSITY
REQUIRES THE EXPANSION OF SERVICES OF THE
GRAND COUNTY SOLID WASTE MANAGEMENT
SPECIAL SERVICE DISTRICT NI, PROVIDING FOR A
HEARING ON THE EXPANSION OF SERVICES OF
SAID DISTRICT, PROVIDING FOR NOTICE OF SAID
HEARING, AND RELATED MATTERS
WHEREAS, the Grand County Governing Body has, through Resolutions
2146, 2156, and 2182, estabhshed the Grand County Sohd Waste Management Special
Service District #1(the "Distnct"), and empowered the Distnct to provide garbage
services, and
WHEREAS, Utah Code § 17A 2-1327 provides that the govenjung body
may expand the services of a special service distnct, and
WHEREAS, the Grand County Council (the "Council") declares that the
public health, convenience, and necessity require services to remediate the County
shootmg range be provided m Grand County, and the Council wishes to expand the
services of the Distnct to include said new services, and
WHEREAS, the boundanes of the Distnct are the boundanes of Grand
County, and
WHEREAS, the Distnct includes two mumapahties, the City of Moab
and the Town of Castle Valley, winch must approve this resolution,
NOW, THEREFORE, BE IT RESOLVED by the Grand County
Council, State of Utah, as follows
Section 1 The public health, convemence, and necessity require the
expansion of services provided by the Grand County Solid Waste Management Special
Service Distnct #1 to include services to remedtate the County shooting range
Section 2 The boundanes of the Distnct are the boundanes of Grand
County, less the incorporated area of the City of Green River, Utah
Section 3 A certified copy of this resolution shall be presented to the
govemmg authonties of The City of Moab and the Town of Castle Valley, as affected
mumapahties included m the boundanes of the Distnct If these entities do not approve
this resolution within thirty (30) days from the date of receipt of the certified copy, the
resolution will be presumed to be rejected
1
Section 4 A public hearing on the question of the expansion of services
to be provided by the Distnct to mclude remeduinon of the County shooting range shall
be held by the Council at the Grand County Courthouse, 125 E Center, Moab, Utah, at
p p p in on yn Q t 7 , 2001, at winch time and place
all mterested parties may appear anll be heard either m support of or in opposition to the
expansion of services of the Distnct as more fully described m the Notice of Intention set
forth m Section 6, hereof
Section 5 A Notice of the Intention to expand the services of the Distnct
shall be pubhshed at least once a week dung three consecutive weeks, the first
pubhcation to be not less than twenty-one (21) days nor more than thuty-five (35) days
before the heang, m the Times Independent, a newspaper havmg general circulation m
Grand County
Section 6 The Notice of Intention to be pubhshed shall be m substantially
the following form
NOTICE OF INTENTION TO EXPAND SERVICES
OF THE GRAND COUNTY SOLID WASTE MANAGEMENT
SPECIAL SERVICE DISTRICT # 1
NOTICE IS HEREBY GIVEN that on the / 9 day of
/Hare , 2001, the Grand County Council, State of Utah (the
"Conned") adopted a Resolution declang that the public health, convenience, and
necessity requires the expansion of services of the Grand County Sohd Waste
Management Special Service Distnct #1(the "Distnct") to mclude services to remediate
the County ahootmg range The Distnct mcludes all of Grand County, Utah except the
unmcorporated area of the City of Green River
NOTICE IS FURTHER GIVEN that a public heang on the expansion of
services of the Distnct will be held m the Council meeting room of the Grand County
Courthouse, 125 E Center, Moab, Utah, at 9 ; 0 0 p m on
ra t� , 2001 '
At the pubhc hearmg, the Council will give full consideration to any
protests that may have been filed and will hear and consider all mterested persons
desnng to be heard
GIVEN by order of the Grand County Council, State of Utah, thus
/ q day of 'r \ a r c ,2001
v.
c
Kunberly S pert, Ctimperson
2
Cd�-•
Fran Townsend, Clerk/Auditor
To be publisked in the Times -Independent on 4p r; J / P-
2001, ft p r : ! / Q , 2001, And A, r � � f (j , 2001.
Section 9. The officers of Grand County, Utah, are hereby authorized and
directed to take all action necessary or appropriate to effectuate the provisions of this
resolution
Section 8. 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
affect, impair, or invalidate the remaining provisions of this resolution, but shall be
confined in its operation to the specified sections, sentences, clauses, or parts of this
resolution so held unconstitutional and invalid, and the inapplicability and invalidity of
any section, sentence, clause, or part of this resolution in any one or more instances shall
not affect or prejudice in any way the -applicability ty and validity of this resolution in any
other instances.
Season 9. All resolutions, by-laws, and regulations of Grand County,
Utah, in con ict with this resolution, are hereby repealed to the extent only of such
inconsistency. This repeal shall not be construed to revive any resolution, by-law, or
regulation, or part tbereo& heretofore repealed.
c
Kumbetiy S C n
ATTEST:
4,44.1
Fran Townsend, Cletir/Audttor
(Other business not pertinent to the above appears in the minutes of the
Pursuant to motion duly made and carried, the mowing was adjourned.
meeting.)
ATTEST:
`�� aeKumbaiy C
ran Townsend, C aerk/Auditor
3
STATE OF UTAH
COUNTY OF GRAND
)
) SS
)
I, FRAN TOWNSEND, the duly qualified and acting Cleric of Grand
County, Utah, do hereby certify that the foregoing constitutes a true and correct copy of
excerpts from the minutes of a meeting of the duly quabfied and acting members of the
il, State of Utah, held on the / 9 day of
Grandft
r Q11 , 2001 mcluduig a Resolution adopted at said
meeting, as said minutes and Resolution are of record m my official possession.
�^ IN WITNESS WHEREOF, I have this / 9 day of
7 ► ! a -rt tt , 2001, subscnbed my official signature and impressed hereon
the ofaal seal of said County
a!(A�Lu -49C
Fran Townsend, nty Clerk/Auditor
4
Ly44 a.r-e,% 11
Moab, Utah
,2001
The Grand County Councd, State of Utah met m regular session on
tfittlr e,Z► 19 , 2001, at the Grand County Courthouse, 125
E Center, its regular meetmg place, m Moab, Utah at ,
with the following members present
JOETTE LANGIANESE
KIMBERLY SCHAPPERT
BART LEAVITT
JIM LEWIS
SUSANNE MATEEKKT
AL MC LEOD
JERRY MC NEELEY
After the meeting had been duly called to order, and after other matters not
pertinent to this resolution had been discussed, the County Clerk presented to the Grand
County Conned a cate of Comphance With Open Meeting Law with respect to this
VTI Q. ra 9 2001 meeting, a copy of winch is attached
hereto as Exhibit A.
The followmg resolution was then introduced m wntten form, and after
full discussion of the matter, pursuant to motion made by Councdperson
AL MC LEOD and seconded by Councdperson
SUSANNE MAYBERRY , was adopted by the followmg vote
AYE ALL
NAY itD n .`
5
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, FRAN TOWNSEND, the undersigned County Clerk of Grand County,
Utah (the "County"), do hereby certify, accordmg to the records of the County m my
official possession, and upon my own knowledge and behet; that m accordance with the
requirements of Utah Code § 52-4-6(2), I gave not less than twenty-four (24) hours
pubhc notice of the agenda, date, time, and place of the ‘11.1 4 r- e.l, 19 ,
2001pubhc meeting held by the County as follows
(a) By causing a Notice, m the form attached hereto as Schedule A, to be
posted at the County's prmcipal offices on , 2001, at
least twenty-four (24) hours pnor to the convening of the meetmg, said Notice having
continuously remained so posted and available for pubhc mspechon until the completion
of the meetmg, and
(b) By causmg a copy of such Notice, m the form attached hereto as
Schedule A, to be dehvered to the Times -Independent on
2001, at least twenty-four (24) hours pnor to the bonvemng of the meetmg
IN WITNESS WHEREOF, I have hereunto subscribed my official
signature this / 9 day of (-nit [Lurk) , 2001
ran Townsend, Cgbnty Clerk/Auditor
6