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
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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
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Lilly Mae 1.7r , rider ,
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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