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HomeMy Public PortalAboutRES-CC-2009-05CITY OF MOAB GRAND COUNTY, UTAH RATIFYING RESOLUTION MARCH 10, 2009 RESOLUTION NO. #05-2009 A RESOLUTION RATIFYING ALL ACTION ON AUTHORIZING NOT MORE THAN $4,900,000 OF TAXABLE SALES TAX REVENUE BONDS TO FINANCE RECREATIONAL IMPROVEMENTS WHEREAS, the City Council (the "Council") of the City of Moab, Grand County, Utah (the "Issuer") adopted a resolution to advance its recreational improvements (the "Resolution"). The Issuer now desires to confirm and ratify the Resolution and all action taken with respect to the recreational improvements and confirm the action of the City Council; and WHEREAS, pursuant to the provisions of the Utah Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the "Act"), the City Council of the Issuer has authority to issue its Taxable Sales Tax Revenue Bonds (the "Bonds") in an amount not to exceed $4,900,000 for the purposes set forth above; and NOW, THEREFORE, it is hereby resolved by the City Council of the City of Moab, Grand County, Utah, as follows: Section 1. The Council hereby ratifies the Resolution and all action taken with respect to the recreational improvements on January 13, 2009. Section 2. The City Recorder is directed to complete the attached Record of Proceedings to officially record the proceedings at which this Ratifying Resolution was considered for adoption. Section 3. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Ratifying Resolution shall be in full force and effect immediately upon its approval and adoption. Resolution #05-2009 Page 1 of 5 APPROVED AND ADOPTED this 10th day of March, 2009. Mayor, David L. Sakrison ATTEST: City Recorder, Rachel Ellison (SEAL) 4833-0455-7315/M0014-001 2 RECORD OF PROCEEDINGS The Council of the Issuer met in public session at 217 East Center Street in Moab, Utah, on March 10, 2009, at the hour of 7:00 p.m. or as soon thereafter as feasible, with the following members of the Council being present: Dave Sakrison Mayor Gregg W. Stucki Councilmember Sarah C. Bauman Councilmember Kyle D. Bailey Councilmember Jeffery Davis Councilmember Also present: Rachel Ellison Donna J. Metzler Absent: City Recorder City Manager After the meeting had been duly called to order and after other matters not pertinent to this Ratifying Resolution had been discussed, the City Recorder presented to the Council the attached Certificate of Compliance with Open Meeting Law with respect to this meeting. Councilmember Bailey introduced the Ratifying Resolution in writing, which was fully discussed, and moved its adoption. Councilmember Bauman seconded the motion to adopt the Ratifying Resolution. The Ratifying Resolution was thereupon put to a vote and unanimously adopted on the following recorded vote: Those voting YES: Councilmember Bailey Councilmember Bauman Councilmember Stucki Those voting NO: Councilmember Davis Thereupon the motion was approved by the Mayor and made a matter of record by the City Recorder. 4833-0455-7315/M0014-001 3 CERTIFICATE OF CITY RECORDER I, Rachel Ellison, the duly appointed and qualified City Recorder of the Issuer, certify that the attached Ratifying Resolution is a true, accurate and complete copy thereof as adopted by the City Council of the Issuer at a public meeting duly held on March 10, 2009 (the "Meeting"). The persons present and the result of the vote taken at the Meeting are all as shown above. The Ratifying Resolution, with all exhibits attached, if any, was deposited in my office on March 10, 2009 and is officially of record in my possession. Dated this March 10, 2009. City Recorder (SEAL) 4833-0455-7315/M0014-001 4 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Rachel Ellison, the City Recorder of the Issuer do hereby certify, according to the records of the Issuer in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than 24 hours public notice of the agenda, date, time and place of the March 10, 2009, public meeting held by the Issuer as follows: (a) By causing a Meeting Notice, in the form attached, to be posted at the principal offices of the Issuer at least 24 hours prior to the convening of the meeting, the Meeting Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of the Meeting Notice to be delivered to a newspaper of general circulation within the Issuer at least 24 hours prior to the convening of the meeting. (c) By causing a copy of the Meeting Notice to be posted on the Utah Public Notice Website at least 24 hours prior to the convening of the meeting. In addition, the attached Notice of 2009 Annual Meeting Schedule for the Council was given specifying the date, time and place of the regular meetings of the Council of the Issuer to be held during the year, by causing said Notice to be posted at the principal office of the City on , 200_, and by causing a copy of said Notice to be provided to at least one newspaper of general circulation within the geographic jurisdiction of the Issuer on , 200_, and by causing a copy of that Notice to be posted on the Utah Public Notice Website on January 30, 2009. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this March 10, 2009. (SEAL) City Recorder (Attach Meeting Notice/Agenda) (Attach Notice of 2009 Annual Meeting Schedule) 4833-0455-7315/M0014-001 5