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HomeMy Public PortalAboutRES-CC-1990-13RESOLUTION NO. 13-90 Moab, Utah October 2, 1990 The City Council of the City of Moab, Grand County, Utah, pursuant to due notice met in regular public session on the 2nd day of October, 1990, at the hour of 8:00 o'clock P.M., at the regular meeting place of the City Council in the City Council Chamber at the Grand County Courthouse, 125 East Center Street, in Moab, Utah. The meeting was called to order by the Mayor with the following officials of said city being present, constituting a quorum of the City Council: Thomas A. Stocks. Mayor David L. Bierschied Councilmember William D. McDougald Councilmember Christine W. Robbins Councilmember David L. Sakrison Councilmember Terry Warner Councilmember Absent: David L. Sakrison There were also present: Sandra Beauregard City Recorder After the meeting had been called to order and the minutes of the preceding meeting read and approved, the City Recorder presented to the City Council an affidavit evidencing the giving of not less than twenty-four (24) hours' public notice of the agenda, date, time and place of the October 2, 1990 meeting of the City Council in compliance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, by (1) posting written notice of the meeting at the principal office of the City Council at the Moab City Hall, 150 East Center Street, in Moab, Utah, and (2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of the said city, or to a local media correspondent. The affidavit was ordered recorded in the minutes of the meeting and is as follows: STATE OF UTAH ) COUNTY OF GRAND ) I, the undersigned, the duly qualified and acting City Recorder of the City of Moab, Grand County, Utah, do hereby certify, according to the records of said city in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours' public notice of the agenda, date, time and place of the October 2, 1990 public meeting held by the City Council of the City of Moab, Grand County, Utah, by: (a) causing a Notice of Public Meeting to be posted at the principal office of the City Council at the Moab City Hall, 150 East Center Street, in Moab, Utah, on October 1, 1990, at least twenty-four (24) hours before the convening of the meeting, in the form attached hereto as Exhibit A; said Notice of Public Meeting having continuously remained so posted and available for public inspection during the regular office hours of said city until the convening of the meeting; and (b) causing a copy of the Notice of Public Meeting in the form attached hereto as Exhibit A to be provided on October 1, 1990, at least twenty-four (24) hours before the convening of the meeting, to The Times Independent, a newspaper of general circulation within the geographic jurisdiction of said city, and to each local media correspondent, newspaper, radio station or -3- television station which has requested notification of meetings of the City Council. IR WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of the City of Moab, Grand County, Utah, this 2nd day of October, 1990. City Recorder City of Moab, Grand County, Utah [SEAL] EXHIBIT A 7:00 p.m. 7:05 p.m. 7:15 p.m. City of Moab - Regular Council Meeting Grand County Courthouse: 125 E. Center Street Tuesday, October 2nd 1990, at 8:00 p.m. Pre -Council Workshop - Mayor, Council & Staff For Council Review: 1. Bills against the City Moab Redevelopment Agency Meeting Discussion on Initiative A. Removal of Sales Tax on Food City of Moab 150 EAST CENTER STREET MOAB, UTAH 14332 (SOO 259-5121 ************************************************************************* REGULAR COUNCIL MEETING AGENDA 8:00 p.m. Call to Order; Pledge to Flag; Invocation I. Approval of Minutes: II. Reading of Correspondence: III. Council & Mayor Reports: IV. Resolution 13-90 - Consenting to the inclusion of the City of Moab, Grand County, Utah, within boun- daries of the Grand County Hospital Service: Dis- trict, Grand County, Utah: and providing for retroactive effect. V. Old Business: ` 1. Bid on Mapping and Surveying for the Planning Dept. for the Millcreek Flood Control and Parkway Project to be funded by Community Development Block Grant (CDBG) Funds; tabled Sept. 18th. 2. Bid on Mechanical Bar Screen for the Wastewater Treatment Plant; tabled Sept. 18th. VI. New Business: 1. Hot Tub fees set. 2. Planning Commission's recommendations to Council: a. Phyllis Shaw - Requests a conditional use/home occupation license to operate a Pre-school at her residence at 601 Bartlett in a R-2 Zone. b. Connie Blaine - Requests a home occupation license to operate a home secretarial business from her home at 141 N. 400 East. 3. Prioritization of Community Impact Board Grant Applications. 4. John Hagner - Requests permission for filming of a special on Stuntmen to take place at the Holly- wood Stuntmen's Hall of Fame in October of 1990. 5. Pete Byrd Jr. - Requests sidewalk participation on W. 400 North and Park. 6. Quit Claim Deed from Moab City to the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints for a parcel of land adjacent to the church orchard. 7. Transfer ownership of City owned waste disposal site to Grand County. 8. Creation of a City Building Inspector/Zone Admin- istrator/Code Enforcement position. 9. Ned Dalton - Requests the City to abandon the road across the north end of his property east of his home on E. Bench Road. 10. Disposition of the Golf Course Property. VII. Pay the bills against the City of Moab. VIII. Any other citizens request to be heard. IX. Adjournment. - 5 - Thereupon, after the conduct of other business not pertinent to the following, the City Recorder presented to the City Council a certified copy of a resolution adopted by the Board of County Commissioners of Grand County, Utah (the "Board") on February 8, 1983, establishing the Grand County Hospital Service District. The City Recorder also presented a request, signed by the Chairman of the Board, that the City Council of the City of Moab, Grand County, Utah, consent to the inclusion of said city within the boundaries of the Grand County Hospital Service District by adopting a resolution so providing. The resolution and request of the Board and said Chairman were thereupon examined and, after all interested persons were given the opportunity to express their views to the City Council, the following resolution was introduced in written form by Councilwoman Robbins and was considered in full and in detail. After due discussion of the matters contained in said resolution, a call for a vote of adoption and approval thereof was made by the Mayor, whereupon the resolution was adopted and approved by the following vote: Aye: David L. Bierschied William D. McDougald Christine W. Robbins laa id- 1.--S-a#r-r- ABSENT Terry Warner Nay: None -6- Upon the completion of the meeting, the resolution was signed by the Mayor, was attested by the City Recorder, and was recorded by the City Recorder in the official records of the City of Moab, Grand County, Utah. The resolution is as follows: RESOLUTION NO. 13-90 A RESOLU IQV consenting to the inclusion of the City of Moab, Grand County, Utah, within the boundaries of the Grand County Hospital Service District, Grand County, Utah; and providing for retroactive effect. WHEREAS, pursuant to the provisions of Chapter 23, Title 11, Utah Code Annotated 1953, as amended (now Part 13, Chapter 2, Title 17A, Utah Code Annotated 1953), and Article XIV, Section 8 of the Utah Constitution, the Board of County Commissioners of Grand County, Utah (the "Board") has established a special service district known as the "Grand County Hospital Service District"; and WHEREAS the Board has provided that the City shall be included within the boundaries of the Grand County Hospital Service District, but it is provided in Section 17A-2-1304(2)(B), Utah Code Annotated 1953, as amended, that a special service district established by a county may contain all or part of any municipality but only with the consent of the governing authority of the municipality, as provided in a resolution duly adopted by the governing authority of the municipality, and the Board has requested that the City Council of the City consent to the inclusion of the City within the boundaries of the Grand County Hospital Service District retroactive to the time of creation of said Grand County Hospital Service District; and -7- WHEREAS the City Council of the City has made due investigation and has determined that the public health, convenience and necessity requires and did require the establishment of the Grand County Hospital Service District, and, in order to comply with the provisions of said Section 17A-2-1304(2)(b), desires to consent to the inclusion of the City within the boundaries of the Grand County Hospital Service District; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Moab, Grand County, Utah, as follows: Section 1. That the City Council of the City of Moab, Grand County, Utah, hereby consents to the inclusion of the City within the boundaries of the Grand County Hospital Service District, Grand County, Utah, established by the Board of County Commissioners of Grand County, Utah, pursuant to a resolution duly adopted on February 8, 1983, to provide hospital facilities to serve the area of the district, pursuant to the provisions of Chapter 23, Title 11 (now Part 13, Chapter 2, Title 17A), Utah Code Annotated 1953, as amended, and Article XIV, Section 8 of the Utah Constitution. Section 2. That the City Recorder is authorized and directed to file with the County Clerk of Grand County, Utah, a certified copy of this resolution for the purpose of evidencing consent to the inclusion of the City within the boundaries of the Grand County Hospital Service District retroactive to February 8, 1983. -8- Section a. That all resolutions and orders 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 adoption. ADOPTED AND APPROVED this 2nd day of October, 1990. ATTEST AND COUNTERSIGN: ity Recorder City of Moab, Grand County, Utah [SEAL] Mayor City of Moab, Grand County, Utah (Other business not pertinent to the above appears in the minutes of the meeting.) ATTEST: ity Recorder City of Moab, Grand County, Utah [SEAL] ayor City of Moab, Grand County, Utah -9- STATE OF UTAH COUNTY OF GRAND I, the undersigned, the duly qualified and acting City Recorder of the City of Moab, Grand County, Utah, do hereby certify, according to the records of said city in my official possession, that the above and foregoing constitutes a true and correct excerpt from the minutes of a regular public meeting of the City Council of the City of Moab, Grand County, Utah, held on October 2, 1990, including a resolution adopted at said meeting attached thereto, as said minutes and resolution are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of the City of Moab, Grand County, Utah, this 2nd day of October, 1990. City Recorder City of Moab, Grand County, Utah [SEAL] r" DM0+687 EXHIBIT B [Attach Copy of February 8, 1983 Resolution of Grand County Here] -11- 4/1,7 7 RESOLUTION entry 3fliFit.7A Recorava a' 9 83 //.'.GYM pg ,S/ 9- fee .NaPe, Lilly Mae 1.7r , rider , _449 774E4, . %f o eLDa . u ficoorder of ( County RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC HEALTH, CONVENIENCE, AND NECESSITY REQUIRES THE ESTABLISHMENT OF A SERVICE DISTRICT FOR THE OPERATION AND MAINTENANCE OF THE GRAND COUNTY HOSPITAL. WHEREAS, on the 20th day of September 1982, the Board of Grand County Commissioners passed a resolution proposing a County Service District be established for the purpose of construct- ing, maintaining, and operating a hospital for all the inhabitants of Grand County, State of Utah; and WHEREAS, notice was published in The Times Independent, a newspaper having a general circulation in the County of Grand, State of Utah, for three (3) consecutive weeks, the first publica- tion began on December 22, 1982, giving notice to the General Public that on the 19th day of January 1983, at the hour of 7:00 o'clock p.m., the Board of County Commissioners would then and there hold a public hearing where all interested. parties may appear before the board to.be heard either in support or opposition to the establishment of the Grand County Hospital Service District; and WHEREAS, on the 19th day of January, 1983, a public meeting was held by the Board of Grand County Commissioners where all interested parties met and discussed the establishment of the Grand County Hospital Service District; and WHEREAS, more than fifteen (15) days have passed and no protests having been filed; THEREFORE, be it resolved by the Board of County Commis- sioners of Grand County, State of Utah, as follows: SECTION ONE A Hospital Service District is hereby established. SECTION TWO The name of said Service District shall be "The Grand County Hospital Service District". 2 SECTION THREE The boundries of said Service District shall be the same as the exterior boundries of Grand County, State of Utah. SECTION FOUR The purpose of said Service District is established for the purpose of constructing, maintaining, and operating a hospital in Grand County, State of Utah. SECTION FIVE The administrative control shall consist of seven (7) persons, each of whom shall be a qualified elector of the Service District. SECTION SIX The members of the administrative Control Board shall be appointed for four (4) years each, commencing on the 'same day that the terms of office commence for the elected officials of Grand County. SECTION SEVEN The term of office of the Administrative Control Board for the initially appointed members shall be as follows: Three members shall be appointed from the date of taking office until midnight December 31, 1984, and four (4) members shall be appointed from the date of taking office until midnight December 31, 1986, or until such time as their successor shall be appointed. SECTION EIGHT The names of the initially appointed members of the Admin- istrative Control Board and terms of office are as follows: Name Term Expires Marj Donoghue 12/31/84 J. P. Munsey, MD 12/31/84 D. L. Taylor 12/31/84 Don Cook 520 12/31/86 Name Term Expires Bill Hance 12/31/86 Mery Lawton 12/31/86 Robyn Wilson 12/31/86 SECTION NINE The Administrative Control Board shall have such powers of governing authority as set forth in 11-23-13, 11-23-15, 11-23- 18, 11-23,19, 11-23-20 Utah Code annotated 1953, as amended, however, not withstanding anything to the contrary, the Administrative Control Board shall not have power to levy a tax on taxable property of the service district, to issue bonds payable from taxes, or to call or hold an election for the authorization of the tax or bonds payable from taxes, unless the Board of Grand County Commissioners shall have approved the calling and holding of the election, the levies i; of tax, or the issuance of bonds. SECTION TEN Any delegation of powers to the Administrative Control Board may be revoked in whole or in part by resolution of the Board of Grand County Commissioners. The above and foregoing resolution was duly and regularly introduced and passed at a regular meeting of the County Commissioners of Grand County, State of Utah on February 8, 1983. Ayes Nays D Absent d ATTEST: Count. Bill Hance, Chairman 521 h% „,,r ,,? RESOLUTION RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC HEALTH, CONVENIENCE, AND NECESSITY REQUIRES THAT AN ELECTION BE HELD BY THE GRAND COUNTY HOSPITAL SERVICE DISTRICT TO DETERMINE WHETHER OR NOT SAID DISTRICT SHALL HAVE POWER TO LEVY TAXES, FOR HOW LONG A PERIOD AND FOR WHAT RATE. WHEREAS, on the 8th day of February, 1983, the Grand County Hospital Service District was established for the purpose of constructing, operating and maintaining hospital services for the inhabitants of Grand County; and WHEREAS, in the past, the said hospital ;services have been financed from the General Funds of Grand County; and WHEREAS, the Board of Grand County Commissioners believe that a more effecient and economical service can be administered by the Control Board of said Service District; and WHEREAS, the Board of Grand County Commissioners contem- plates no overall increase of taxes in Grand County by authorizing the Control of Board to set the Mill Levy for the purposes of financing the said Service District; THEREFORE, be it resolved by the Board of County Commis- sioners of Grand County, State of Utah, as follows: SECTION ONE Pursuant to 11-23-21 Utah Code Annotated 1953, as amended, The Grand County Hospital Service District is hereby granted autho- rity to call a special election at any time within a period of six (6) months from the date hereof for the purpose of determining whether or not the qualified electors residing in said district, approve or disapprove of a tax levy for the purpose of operating The Grand County Hospital Service District. SECTION TWO The maximum Mill Levy for any one year shall not exceed 2 5 Mills. SECTION THREE In no event shall the Mill Levy be assessed for more than 10 years, without another election, which must be authorized by the Board of Commissioners of Grand County, State of Utah. The above and foregoing resolution was duly and regularly introduced and passed at a regular meeting of the County Commissioners of Grand County, State of Utah of February 22, 1983. Ayes 3 Nays 0 Absent t) ATTEST: by,stLe4 County Clerk' Bill Hance, Chairman