IRON COUNTY COMMISSION MEETING
December 21, 2009
Minutes of the Iron County Commission meeting convened at 9:00 a.m. December 21, 2009 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Alma L. Adams Commission Chair
Wayne A. Smith Commissioner
Lois L. Bulloch Commissioner
Michael Edwards Deputy County Attorney
David I. Yardley County Clerk
Reed Erickson County Administrator
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Deborah B. Johnson County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
Margaret Miller Justice Court Judge
SYNOPSIS :
APPROVAL OF MINUTES December 7, 2009
APPROVAL OF THE 2010 PUBLIC DEFENDER AGREEMENT
AQUATIC CENTER FUNDING AGREEMENT
CALENDER SCHEDULE COORDINATION
MEMORANDUM OF UNDERSTANDING JMCTF
MINOR LOT SUBDIVISION RICK JONES
PUBLIC HEARING BUDGET ADJUSTMENT FOR 2009
PUBLIC HEARING - 2010 FINAL BUDGET HEARING
RESOLUTION 2009-10 ADOPTING 2010 BUDGET
RESOLUTION 2009-11 ADJUSTING 2009 BUDGET
RESOLUTION 2009-12 UCIP INTERLOCAL AGREEMENT
RESOLUTION 2009-13 RESTAURANT TAX PENDING LEGISLATION
RESOLUTION 2009-14 AUTHORIZING REPAYMENT OF FUNDING
RESTAURANT TAX BOARD RESOLUTION 2009-1
SOUTHERN UTAH UNIVERSITY TAX EXEMPTION REQUEST
WIND ENERGY ORDINANCE DISCUSSION
Those assembled were led in the pledge of allegiance by Margaret Miller.
APPROVAL OF MINUTES December 7, 2009 :
Minutes of the Iron County Commission meeting held December 7, 2009 were approved as amended on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Margaret Miller reported that the Justice Court is keeping busy with new cases and hearings.
Gene Adams reported that the 2010 budget is finished and is ready for adoption as an agenda item.
Dennis Ayers reported that an employee in the Assessor’s office slipped on the icy walks at the Courthouse. Injuries included a broken foot. He encouraged the custodial staff to keep ice melt on the walks during snow periods.
Debbie Johnson reported that the Recorder’s office is preparing for running plat maps for the counter, Assessor’s office and the Zoning Administrator. The run will begin in early January.
Lois Bulloch reported that Kal Kahler has been selected as the Cedar City Chamber of Commerce Senior Citizen of the year. Mr Kahler reports to the Commission on a regular basis of actions involving water within Iron County.
Wayne Smith reported that he was re elected to the board of directors of the Utah Counties Insurance Pool as the representative of third class Counties.
Alma Adams reported that in a meeting with Brian Head officials, a trial agreement was reached regarding the collection and deposit at the Landfill. Brian Head will collect household garbage in one load and commercial waste in separate loads. Residential units in complexes under six units will be collected as household. Larger condo units will be collected and billed at the commercial rate.
Reed Erickson reported that Honeywell will be replacing heating and cooling equipment in the Courthouse funded through a grant. The work will be done during the winter to allow for the air system to be turned off. Alternative heat will be available.
Reed also presented a request to close non essential County offices on Christmas Eve starting at 1:00 p.m. Wayne Smith made a motion to authorize closing County offices December 24 starting at 1:00 p.m. as requested. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed reported that the proposed “County Seat” TV program is designed to look at issues of concern within the County. The program is designed to go to all 29 Counties and do a two part program. Cost is estimated to be about $10,000 per County. In order to fund this program through the TRT fund, it is proposed to fund twelve 30 second commercials that the County would own. These commercials could be used in promoting tourism to the County.
Geri Norwood reported that tax collections including delinquency was at $32,102,000 for 2009. Of this approximately $31,500,000 is for 2009 taxes. Funds will be distributed to entities as specified in Utah Code.
PUBLIC HEARING - 2010 FINAL BUDGET HEARING :
Alma Adams opened a public hearing to receive comments regarding the proposed 2010 County Budget.
Dr. David Blodgett, Southwest Public Health, commented that the Health Department was grateful for the contribution Iron County makes to the operation of the Department.
Dr. Blodgett also reported on the H1N1 (Swine Flu) outbreak. Immunizations are now available to the general public.
After all comments were received the Commission closed the public hearing whereupon Lois Bulloch made a motion to adopt Resolution 2009-10 adopting the 2010 County budget. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
RESOLUTION 2009-10 ADOPTING 2010 BUDGET :
RESOLUTION 2009-10
A RESOLUTION OF THE IRON COUNTY COMMISSION ADOPTING AND APPROVING THE 2010 BUDGET.
WHEREAS, Iron County is required by Utah State Law to adopt a budget (UCA 17-36-15) on or before the last day of each fiscal period, the governing body by resolution shall adopt the budget which, subject to further amendment, shall thereafter be in effect for the next fiscal period. A copy of the final budget, and of any subsequent amendment thereof, shall be certified by the budget officer and filed with the state auditor not later than 30 days after its adoption. A copy, similarly certified, shall be filed in the office of the budget officer for inspection by the public during business hours; and
WHEREAS, a tentative budget has been adopted and has been made available for inspection at the office of the County Auditor for at least ten (10) days prior to the public hearing; and
WHEREAS, December 21, 2009 at the hour of 10:00 a.m. in the Iron County Courthouse Commission Chambers has been designated as the time and place of a public hearing where all interested persons shall have an opportunity to be heard for or against the estimates of revenue and expenditures and performance data on any item in any fund; and
WHEREAS, notice of the public hearing has been published at least seven days before the hearing in one newspaper, Daily Spectrum, a newspaper of general circulation within the County; now therefore
BE IT RESOLVED by the Board of Iron County Commissioners that the budget as presented and filed in the Iron County Auditor’s Office is hereby adopted for calender year 2009.
BY ORDER OF the Board of Iron County Commissioners this 21st day of December 2009.
Signed: Alma L. Adams, Chair
Attest:
David I. Yardley, County Clerk
Voting: Aye Nay
Wayne A. Smith X
Alma L. Adams X
Lois L. Bulloch X
A meeting of the Restaurant Tax Board to authorize budget expenditures for 2010 from submitted budget requests. Officers present included Alma Adams, Lois Bulloch, Wayne Smith, Rusty Aiken and Maria Twitchell.
The following items were approved for funding during 2010:
Utah Shakespearean Festival Seminar Grove Improvements $62,500
Enoch City Rec Complex Construction of Rest Rooms Etc. $30,900
Southwest Wildlife Foundation Swinging Footbridge $ 7,500
Frontier Homestead State Park Water Wheel & Flume $30,000
Cedar Rotary Club World War 1 Memorial $ 5,000
Parowan City Fairground Exhibition Building Improvement $15,000
Iron County Fair New Bleacher Sections at Arena/Track $30,000
(Allowed to apply for additional funds in 2011)
**Southern Utah Museum of Art committed $50,000 annually starting in 2011 for up to $1,000,000 as a funding source only. Not for lump sum payment at time of construction.
Lois Bulloch stated a conflict of interest on the Frontier Homestead request because she is a member of the Utah State Parks Board of Directors.
Wayne Smith and Maria Twitchell also stated a conflict of interest on the Frontier Homestead request stating that they are members of the Park Foundation Board.
After reviewing all of the requests, Rusty Aiken made a motion to recommend to the County Commission, funding the above specified projects at the recommended levels. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye; Rusty Aiken, Aye; Maria Twitchell, Aye.
After reconvening as the County Commission, Lois Bulloch made a motion to accept the recommendation of the Restaurant Tax Board and fund the projects as presented as items within the Iron County budget. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
RESOLUTION 2009-13 RESTAURANT TAX PENDING LEGISLATION :
Maria Twitchell reported that the Legislature has pending legislation which would eliminate the County option restaurant tax. The proponents are stating that many restaurants are on the verge of going out of business because of the 1% sales tax on prepared food items. The bill drafted and numbered as HB 48 would allow Counties to impose a general sales tax on all items to replace the revenue generated by the current tax. It also provides that funds will be equalized so that sales in one County may be distributed to other Counties.
After reviewing the proposed legislation, Lois Bulloch made a motion to adopt the following resolution in opposition to the proposed legislation. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
IRON COUNTY
RESOLUTION NO. 2009-13
A RESOLUTION OPPOSING THE REPEAL OF THE RESTAURANT FOOD TAX AS AUTHORIZED BY THE TOURISM, RECREATION, CULTURAL, CONVENTION AND AIRPORT FACILITIES TAX ACT (TRCC).
WHEREAS, state law allows Utah counties to collect up to 1% tax on restaurant purchases in the form of a restaurant tax through the Tourism, Recreation, Cultural, Convention and Airport Facilities Tax Act (TRCC or restaurant food tax);
WHEREAS, the county controls the utilization of the TRCC revenues under the advisement of an established advisory board;
WHEREAS, state statute requires these revenues to only be used for:
1. Tourism development
2. Development, operation and maintenance of tourist, cultural and convention facilities
3. Pledges as security and reserved bonds to finance tourism, recreation, cultural and convention facilities
WHEREAS, proposed legislation repealing the 1% TRCC (restaurant tax) would allow counties the option to impose a 0.1% county sales tax for TRCC purposes;
WHEREAS, The Iron County Commission believes the proposed legislation will further encumber the Utah Tax Code by complicating tax collection and submission for all retailers, increasing retailer’s costs for modification of equipment, accounting practices, and employee training;
WHEREAS, the Iron County Commission further believes that by the legislation creating a “hold harmless” for counties collecting less from a 0.1% sales tax increase than from the restaurant tax, and by distributing a portion of excess revenues from other counties’ excess collections, would further encumber the tax system and would be fundamentally unjust to counties required to pay the difference;
WHEREAS, repealing the TRCC will stifle economic development as TRCC funds have been used to develop infrastructure (which is allowed in the statute) to increase tourism spending in Iron County. These facilities have created jobs in several sectors including construction, retail, hospitality and food service, resulting in additional and ongoing sales tax revenues. Recent 2010 projects funded by the TRCC in Iron County include:
1. Enoch City Recreation Complex
2. Three Peaks Recreation Area
3. Iron County Fairgrounds
4. Frontier Homestead State Park Museum
5. Cedar City Veterans park
6. Cross Hollows Events Centers
7. Utah Shakespearean Festival Performing Arts Center
Furthermore, repeal of the TRCC tax will hinder Iron County’s ability to invest in worthwhile projects in the future, including the Southern Utah University Museum of Art.
WHEREAS, instability in the county’s restaurant tax revenues will leave bonding agencies feeling unprotected. This will jeopardize Iron County’s ability to bond in the future.
WHEREAS, the restaurant tax is a discretionary tax that not all citizens pay. According to Wilkstrom and Associates, 44.5% of Iron County restaurant sales are from out of state visitors. If the TRCC tax is abolished, Iron County would be forced into imposing the sales tax to cover their obligations. Currently, 50% of the TRCC funds are obligated for several years through secured bonding. Iron County does not have another form of funding to pay these long term debts.
1. Cedar City Aquatic Center (Debt retirement 2024) $750,000
2. Cedar City Festival Hall (Debt retirement 2028) $2.5 million
3. Iron County Visitor Center (Debt retirement 2018) $1 million
4. Cross Hollows Events Center (Debt Retirement 2011) $200,000
By imposing the county sales tax, all Iron County citizens, including the poor, would pay the tax for tourism promotion and development.
NOW THEREFORE, BE IT RESOLVED, the Iron County Commission is opposed to repealing the TRCC (restaurant) tax.
APPROVED AND ADOPTED this 21st day of December, 2009.
IRON COUNTY COMMISSION
Alma L. Adams
Commission Chair, Iron County
ATTEST:
By:__________________________________
David I. Yardley, Iron County Clerk
APPROVED AS TO FORM:
By:__________________________________
Scott F. Garrett, Iron County Attorney
PUBLIC HEARING BUDGET ADJUSTMENT FOR 2009 :
A public hearing was announced as advertised to receive comments regarding adjustments to the 2009 adopted County budget.
Gene Adams, County Auditor, reported on changes to the approved budget. The major change occurred in the Jail budget, inmate housing and transportation, reflecting a loss of revenue from State and Federal prisoners. There was also a reduction in jail expenditures due to a reduction in inmate food purchases. Other Departments needing adjustment included Roads and Municipal Service Fund and small adjustments in several other departments.
After all public comments were received, Wayne Smith made a motion to approve the fund balance appropriation and to adopt resolution 2009-11 as follows. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
RESOLUTION 2009-11 ADJUSTING 2009 BUDGET :
RESOLUTION 2009-11
A RESOLUTION OF THE IRON COUNTY COMMISSION AUTHORIZING ADJUSTMENTS IN THE 2009 DEPARTMENT BUDGETS.
WHEREAS, Iron County Departments have requested adjustments to their budgets for 2009 to cover expenses incurred over time, increases in under budgeted areas, purchases of unbudgeted but approved equipment, and
WHEREAS, adjustments must be made to authorize unexpected or approved expenditures above those appropriated in the original budget, now therefore:
BE IT RESOLVED that the 2009 budget of Iron County is hereby amended to reflect changes in the adopted and approved 2009 budget to actual expenditures as calculated and filed in the office of the Iron County Auditor.
BY ORDER OF the Board of Iron County Commissioners this 21st day of December 2009.
Signed: Alma L. Adams, Chair
Attest:
David I. Yardley, County Clerk
Voting: Aye Nay
Wayne A. Smith X
Alma L. Adams X
Lois L. Bulloch X
Colette Eppley presented for approval the hiring of a temporary full time employee in the Recorder’s office. Cheryl Mount was approved as a temporary employee on a motion by Wayne Smith. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented a request to replace a Council on Aging driver in Cedar City and a full time patrol deputy in the Sheriff’s Department. Reed Erickson reviewed the request and recommended approval in replacing the two positions. Lois Bulloch made a motion to adopt the recommendation of Colette Eppley and Reed Erickson to replace the two positions. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette presented for approval the name of Melissa Montiano for a promotion from a part time secretary in the Sheriff’s Office to a full time temporary secretary assigned to the Major Crimes Task Force for the period of the grant funding. Lois Bulloch made a motion to approve the promotion. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Colette also presented a request to replace the Ambulance EMT Supervisor position. Reed Erickson recommended that the County establish a hiring freeze and implement a reduction in force to eliminate five full time employees within the first 60 days of 2010. Reductions will be from the following Departments: Ambulance, one; Road Department, one; Sheriff, one patrol position; Building Department, one; and Attorney, one. Wayne Smith made a motion to approve the reduction in force from the listed Departments. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Lois Bulloch then made a motion to adopt a hiring freeze effective immediately with the ability to replace critical positions as needed. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
RESOLUTION 2009-12 UCIP INTERLOCAL AGREEMENT :
IRON COUNTY
RESOLUTION NO. 2009-12
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A FOURTH AMENDED INTERLOCAL COOPERATION AGREEMENT WITH OTHER MEMBERS OF UTAH COUNTIES INSURANCE POOL, RELATING TO THE ESTABLISHMENT, FUNDING AND OPERATION OF UTAH COUNTIES INSURANCE POOL.
WHEREAS, pursuant to the provision of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated 1953, as amended, and the Utah Insurance Code, Title 31A, Chapter 1, et seq, Utah Code Annotated 1953, as amended, public agencies including political subdivisions of the State of Utah as therin defined, are authorized to enter int mutually advantageous agreements to provide service and facilities; and
WHEREAS, the County Commission of Iron County, Utah, has determined that the interests and welfare of the public within Iron County’s jurisdiction will best be served by a Fourth Amended Interlocal Cooperation Agreement with other members of the Utah Counties Insurance Pool relating to the establishment, funding and operation of Utah Counties Insurance Pool.
NOW, THEREFORE, be it resolved by the County Commission of Iron County, Utah, that Iron County approve and authorize the Commission Chair to execute a Fourth Amended Interlocal Cooperation Agreement with other members of Utah Counties Insurance Pool relating to the establishment, funding and operation of Utah Counties Insurance Pool.
APPROVED AND ADOPTED this 21st day of December, 2009.
IRON COUNTY COMMISSION
Alma L. Adams,
Commission Chair, Iron County
ATTEST:
By:
David I. Yardley, Iron County Clerk
APPROVED AS TO FORM:
By:
Scott F. Garrett, Iron County Attorney
SOUTHERN UTAH UNIVERSITY TAX EXEMPTION REQUEST :
Geri Norwood presented a request to adjust 2009 property taxes assessed on the following parcels on Serial #B-1115-0018-0000; Serial #B-0135-0001-0000; Serial # B-1115-0024-0000. The properties were transferred to Southern Utah University with taxes paid current to the time of transfer of title. Each parcel had a remainder amount still owing.
Dennis Ayers stated that by law properties transferred to a State entity become tax exempt upon transfer of title. This designation is handled by the Assessor’s office.
Lois Bulloch made a motion to grant the waiver of unpaid tax amounts on the above referenced parcels effective upon title transfer. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
MINOR LOT SUBDIVISION RICK JONES :
Rick Jones requested approval of a Minor Lot Subdivision in the Newcastle area west of the Newcastle Fire Station. The parcel would be divided into two residential building lots and one larger commercial lot. The commercial lot would be accessed from SR 56.
Chad Nay reported that the Planning Commission has recommended approval as presented subject to a financial guarantee being provided to the County for the installation of water connection being stubbed to each lot from the Newcastle culinary water system.
After reviewing the request Wayne Smith made a motion to approve the minor lot subdivision of Rick Jones as recommended by the Planning Commission with the deposit of a $2004.00 financial guarantee being deposited with the County to cover connection costs to the Newcastle water system. Second by Lois Bulloch. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
WIND ENERGY ORDINANCE DISCUSSION :
Todd Stowell, circuit planner, met with the Commission to present a proposed amendment to the Land Management Code Section regarding wind energy. The proposed ordinance must be acted upon following a public hearing which was scheduled for January 11, 2010
APPROVAL OF THE 2010 PUBLIC DEFENDER AGREEMENT :
Michael Edwards presented for approval public defender contracts for 2010. Public defenders include Jack Burns and Jeff Slack with William Leigh for Juvenile Court. The agreements have no changes from the 2009 contracts.
Lois Bulloch made a motion to approve the public defender contracts for 2010. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
MEMORANDUM OF UNDERSTANDING JMCTF :
Mark Gower and Michael Edwards reviewed a memorandum of understanding (MOU) for the operation of the Joint Major Crimes Task Force (JMCTF) in cooperation with Beaver County. Funding for the task force will be from Federal grant funds and will be administered through the Beaver County Auditor’s office. Lois Bulloch made a motion to approve the MOU as presented with the understanding that when grant funds were no longer available the task force would be disbanded. Second by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Reed Erickson reported on a proposal to establish a mitigation bank for prairie dogs. The proposal would purchase existing prairie dog habitat and then sell credits as needed to help with future development. The company discussing the feasability of managing the bank estimate that credits could cost up to $10,000 per acre.
Reed also reported that a new UPDRIP Coordinator has been hired to start on February 1, 2010. Elissa Black will be the new Coordinator.
CALENDER SCHEDULE COORDINATION :
Reed Erickson coordinated calendars with the Commissioners for the next three weeks.
AQUATIC CENTER FUNDING AGREEMENT :
With members of the Restaurant Tax Board present, the County introduced a resolution authorizing funding from the County General Fund, $750,000.00 as a loan to pay for construction of the Cedar City aquatic center. The agreement which will repay the loan amount from restaurant food tax at 2.5% interest will be repaid over twenty years. Rusty Aiken made a motion to adopt Restaurant Tax Board Resolution 2009-1 as presented. Second by Lois Bulloch.
RESTAURANT TAX BOARD RESOLUTION 2009-1 :
IRON COUNTY RESTAURANT TAX BOARD
RESOLUTION NO. 2009-1
A RESOLUTION RECOMMENDING THE COMMITTING OF THE RESTAURANT SALES TAX REVENUE TO REPAY THE IRON COUNTY GENERAL FUND FOR MONIES CONTRIBUTED TOWARD THE DEVELOPMENT OF THE CEDAR CITY AQUATIC CENTER
WHEREAS, the Iron County Restaurant Food Tax Board desires to comply with state law
regarding the appropriate distribution of restaurant sales tax funds; and
WHEREAS, Cedar City Corporation, a municipal corporation and political subdivision of the State of Utah, in cooperation with the Iron County School District, operates a swimming pool facility on the campus of Southern Utah University;
WHEREAS, Southern Utah University owns the current swimming pool and has allowed continued community use under a contract with Cedar City Corp. And the Iron County School District, said contract is set to expire in 2010; and
WHEREAS, recognizing the swimming pool is set to be destroyed in 2010, Cedar City planned to construct an aquatic center on property owned by Cedar City, said property is located at approximately 2090 West Royal Hunte Drive; and
WHEREAS, the anticipated cost of the aquatic center is nine million five hundred thousand dollars ($9,500,000.00), of the anticipated purchase price, the voters of Cedar City have approved a seven million dollar ($7,000,000.00) general obligation bond; and
WHEREAS, Iron County encouraged Cedar City residents to support the project during the bond election; and
WHEREAS, pursuant to Title 59, Chapter 12, Sections 603, Utah code Annotated, 1953 as amended, Iron County has established a restaurant sales tax; and
WHEREAS, one of the purposes for which the restaurant sales tax revenue may be spent is the development of a recreation facility; and
WHEREAS, Cedar City has requested funding from the transient room tax and revenue may be spent is the development of a recreation facility; and
WHEREAS, Cedar City has requested funding from the transient room tax and restaurant sales tax to assist in the development/construction of the aquatic center as a recreational facility, describing the benefit the facility would be to Iron County by housing aquatic sporting events and recreational activities, thereby attracting visitors to Iron County, strengthening and increasing the tourism economy in Iron County; and
WHEREAS, By Law the use of said funds is limited, Iron County, in consultation with the Transient Room and Restaurant Tax Advisory Boards has determined the aquatic center is an appropriated recreational facility on which transient room and restaurant tax money may be spent, and has appropriated two hundred and fifty thousand dollars ($250,000.00) from the transient room tax fund and two hundred and fifty thousand dollars from the transient room tax fund and two hundred and fifty thousand dollars ($250,000.00) from the restaurant sales tax fund for the development/construction of the aquatic center; and
WHEREAS, the availability of restaurant sales tax and transient room tax funds has limited the possible Iron County participation in the construction of the facility to a total of $500,000.00; and
WHEREAS, Cedar City has indicated that additional “upfront” funds would be necessary to construct the aquatic center; and
WHEREAS, Cedar City has agreed that for useful life of the aquatic center it will charge all residents of Iron County, whether they live in unincorporated Iron County or in a town or incorporated municipality the same user rates. Furthermore, if Cedar City creates an advisory board specifically for the aquatic center as built or as it may be expanded, Iron County shall have the ability to appoint one (1) representative to that board; and
WHEREAS, in order to facilitate Iron County’s participation in the project, Cedar City agreed to lease to Iron County a one tenth (1/10) undivided interest in the aquatic center; and
WHEREAS, ongoing maintenance obligations will be pursuant to other contracts between Cedar City and the Iron County School District; and
WHEREAS, except for the possibility of representation on an advisory board, Iron County will have no rights or obligation under this agreement for the future operation, management, or maintenance of the aquatic center; and
WHEREAS, Iron County has agreed to agreed to secure an additional $750,000.00 for funding for the aquatic center from other sources with the condition that such funds be repaid by the restaurant sales tax.
NOW, THEREFORE, at a regular meeting of the Iron County Restaurant Food Tax Board held on the 21st day of December, 2009, upon motion duly made and seconded, it is unanimously RESOLVED, AGREED, AND COMMITTED to recommend the following:
● The restaurant sales tax revenue stream will be used to repay Iron County for the $750,000.00 Iron County will provide toward the development of the recreational
facility described above with interest there on at a rate of 2.5 percent (%) per
annum on the unpaid balance with interest to compound annually. The entire amount to be paid within twenty (20) years; and
● In the event any provision of this Resolution is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this
Resolution so as not to cause the invalidity or unenforceability of the remainder of this Resolution. All remaining provisions of this Resolution shall then continue in
full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
VOTED UPON AND PASSED BY THE IRON COUNTY RESTAURANT FOOD TAX BOARD AT A REGULAR MEETING OF THE IRON COUNTY RESTAURANT FOOD TAX BOARD HELD ON THE 21st DAY OF DECEMBER, 2009.
IRON COUNTY RESTAURANT FOOD TAX BOARD
Iron County Restaurant Food Tax Board Chair
ATTEST:
David I. Yardley,
County Clerk
Voting
Alma L. Adams Aye
Lois L. Bulloch Aye
Wayne A. Smith Aye
Rusty Aiken Aye
Maria Twitchell Aye
RESOLUTION 2009-14 AUTHORIZING REPAYMENT OF FUNDING :
Upon completion of action by the Restaurant Tax Board, the following resolution was presented to the Commission for consideration. After reviewing the terms spelled out in the resolution, Lois Bulloch made a motion to adopt Resolution 2009-14 as presented. Second by Wayne Smith.
RESOLUTION NO. 2009-14
A RESOLUTION COMMITTING THE RESTAURANT SALES TAX REVENUE TO REPAY THE IRON COUNTY GENERAL FUND FOR MONIES CONTRIBUTED TOWARD THE DEVELOPMENT OF THE CEDAR CITY AQUATIC CENTER
WHEREAS, the Iron County Commission desires to promote the health, safety, and welfare of Iron County inhabitants; and
WHEREAS, Cedar City Corporation, a municipal corporation and political subdivision of the State of Utah, in cooperation with the Iron County School District, operates a swimming pool facility on the campus of Southern Utah University;
WHEREAS, Southern Utah University owns the current swimming pool and has allowed continued community use under a contract with Cedar City Corp. and the Iron County School District, said contract is set to expire in 2010; and
WHEREAS, recognizing the summing pool is set to be destroyed in 2010, Cedar City planned to construct an aquatic center on property owned by Cedar City, said property is located at approximately 2090 West Royal Hunte Drive; and
WHEREAS, the anticipated cost of the aquatic center in nine million five hundred thousand dollars ($9,500,000.00), of the anticipated purchase price, the voters of Cedar City have approved a seven million dollar ($7,000,000.00) general obligation bond; and
WHEREAS, Iron County encouraged Cedar City residents to support the project during the bond election; and
WHEREAS, pursuant to Title 59, Chapter 12, Sections 603, Utah Code Annotated, 1953 as amended, Iron County has established a restaurant sales tax; and
WHEREAS, Cedar City has requested funding from the transient room tax and restaurant sales tax to assist in the development/construction of the aquatic center as a recreational facility, describing the benefit the facility would be to Iron County by housing aquatic sporting events and recreational activities, thereby attracting visitors to Iron County, strengthening and increasing the tourism economy in Iron County; and
WHEREAS, by law the use of said funds is limited, Iron County, in consultation with the transient room and restaurant tax advisory boards has determined the aquatic center is an appropriate recreational facility on which transient room and restaurant tax money may be spent, and has appropriated two hundred and fifty thousand dollars ($250,000.00) from the transient room tax fund and two hundred and fifty thousand dollars ($250,000.00) from the restaurant sales tax fund for the development/construction of the aquatic center; and
WHEREAS, the availability of restaurant sales tax and transient room tax funds has limited the possible Iron County participation in the construction of the facility to a total of $500,000.00; and
WHEREAS, Cedar City has indicated that additional “up-front” funds would be necessary to construct the aquatic center; and
WHEREAS, Cedar City has agreed that for useful life of the aquatic center it will charge all residents of Iron County, whether they live in unincorporated Iron County or in a town or incorporated municipality the same user rates. Furthermore, if Cedar City creates an advisory board specifically for the aquatic center as built or as it may be expanded, Iron County shall have the ability to appoint one (1) representative to that board; and
WHEREAS, in order to facilitate Iron County’s participation in the project, Cedar City agreed to lease to Iron County a one tenth (1/10) undivided interest in the aquatic center; and
WHEREAS, ongoing maintenance obligations will be pursuant to other contracts between Cedar City and the Iron County School District; and
WHEREAS, except for the possibility of representation on an advisory board,
Iron County will have no rights or obligations under this agreement for the future operation, management, or maintenance of the aquatic center; and
WHEREAS, Iron County has agreed to secure an additional $750,000.00 for funding for the aquatic center from other sources with the condition that such funds be repaid by the restaurant sales tax.
NOW, THEREFORE, at a regular meeting of the Iron County Commission, the legislative body of Iron County, Utah, duly called, noticed, and held on the 21th day of December, 2009, upon motion duly made and seconded, it is unanimously RESOLVED, AGREED, AND COMMITTED:
∙ The restaurant sales tax revenue stream will be used to repay the $750,000.00 Iron County will provide toward the development of the recreational facility described above with interest there on at a rate of 2.5 percent (%) per annum on the unpaid balance with interest to compound annually. The entire amount to be paid within twenty (20) years; and
∙ In the event any provision of this Resolution is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Resolution so as not to cause the invalidity or unenforceability of the remainder of this Resolution. All remaining provisions of this Resolution shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
VOTED UPON AND PASSED BY THE IRON COUNTY COMMISSION AT A REGULAR MEETING OF THE IRON COUNTY COMMISSION HELD ON THE 21st DAY OF DECEMBER, 2009.
IRON COUNTY
Alma Adams
Iron County Commission Chairman
ATTEST:
David I. Yardley,
County Clerk
Voting
Alma L. Adams Aye
Lois L. Bulloch Aye
Wayne A. Smith Aye
The meeting was adjourned at 4:00 p.m. on a motion by Lois Bulloch. Second was by Wayne Smith. Voting: Alma Adams, Aye; Lois Bulloch, Aye; Wayne Smith, Aye.
Signed: Alma L. Adams, Chairman
Attest: David I. Yardley
County Clerk