IRON COUNTY COMMISSION MEETING

MINUTES

March 24, 1997

 

Minutes of the regular meeting of the Iron County Commission held March 24, 1997 in Commission Chambers at the Iron County Courthouse, Parowan Utah convened at 9:00 a.m.

Officer in attendance included:

Thomas B. Cardon Commission Chairman
Roy P. Urie Commissioner
Dennis E. Stowell Commissioner
David Yardley County Clerk
Karla Staheli Asst. County Attorney
 
Also Present:
 
Dennis Lowder Auditor
Merna Mitchell Treasurer
Dixie Matheson Recorder
Ira Schoppmann Sheriff
Doug Wilson Data Processing
 

SYNOPSIS :

APPROVAL OF BILLS AND ADJOURNMENT 13
BUDGET HEARING - VISITOR CENTER 3
DOROTHY HERDT - AMBULANCE 5
ELECTED OFFICIALS REPORTS 2
Dennis Lowder 2
Dennis Stowell 3
Dixie Matheson 2
Doug Wilson 2
Ira Schoppmann 2
Karla Staheli 2
Merna Mitchell 2
Roy Urie 2
Tom Cardon 3
LANDFILL 6
MINUTES 1
ORDINANCE 149 - R.S. 2477 MAP 4
ORDINANCE 151 - CEDAR HIGHLANDS 11
PAROWAN CITY - DUMP CLOSURE REQUEST 11
PLAT APPROVAL - RAINBOW RANCHOS NORTH 6
RECONVENE IN COMMISSION MEETING 11
RESOLUTION 97-3 - VISITOR CENTER BOND 6
SOUTHWEST PUBLIC HEALTH REPORT 3
STATE TAX COMMISSION 5
Alice Shearer 5
SUU FUNDING REQUEST 11
VISITOR CENTER 3
 

MINUTES :

Minutes of the Iron County Commission Meeting held on March 10, 1997 were approved as amended on a motion by Roy Urie. Second by Tom Cardon. Dennis Stowell was out of the room and did not vote.

 

ELECTED OFFICIALS REPORTS :

Merna Mitchell reported that she has received many "Orders of Approval" from the State Tax Commission regarding taxes which have been disputed by companies assessed by the State. These orders reflect stipulated values on properties and will in some cases require a refund of taxes which have been paid.

Merna reported that H.B. 129 which was passed in the 1997 legislative session will allow the taxes which are in dispute to be held by the County in an escrow account. This will allow refunds to be made without collecting from schools and cities.

Dixie Matheson reported that several people had been into her office to file notice of land patents and other documents not related to land titles. This appears to be a group of "Constitutionalists" who feel that by filing these documents it will make them exempt from property tax. Dixie reported that she was filing the notices they request as miscellaneous documents.

Dennis Lowder reported that S.B. 26 which provides for a 1/4% County Option sales tax has been signed by the Governor and becomes effective on July 1, 1997. In order for the County to implement the option, an ordinance will be required to be adopted. It will also require that in the year that the tax becomes effective that property tax will be reduced so that the County does not receive a windfall. This will be an item of discussion at the spring UAC Conference to be held in Provo on April 10 and 11.

Doug Wilson discussed access to computer records by title companies. At the present time companies have been allowed to have a dedicated line into the system. With the installation of a new computer and access availability through the Internet, changes will be required.

Doug also reported on a computer trust meeting he had attended in which the trust voted to approve development of bar coding for mail, changes to the valuation notice as requested by the State Tax Commission and changes in the printing of IRS form 1099.

Ira Schoppmann reported that the D.A.R.E. program has been completed for the 1996-97 school year and graduation ceremonies have been held in Parowan and Beryl. Ira also reported on several recent incidents that the Sheriff’s Department had participated in.

Karla Staheli reported on a meeting she had attended sponsored by the State from which a requested that Counties draft and implement a plan to help strengthen families. More information will be available on the program in the future.

Roy Urie reported that the Commission had attended a hearing in District Court in which the judge had ruled in favor of formation of the Central Iron County Water Conservancy District. This will create a new taxing district in the County which will require changes in our tax rolls.

Commissioner Urie also reported that interviews have been conducted to hire a new gate attendant at the landfill. Alan Wade will make a recommendation to the Commission from the two candidates selected. Commissioner Urie also discussed the date the County would assume the solid waste collection. Since April 1 falls on Tuesday, the county may take the system back on Monday, March 31 for convenience.

Dennis Stowell reported that the County is being asked to inventory culinary water systems within the County. This will help monitor such systems to make sure they meet drinking water standards.

Tom Cardon reported that the Utah Geological Survey has established an office in Cedar City. Their office is located at the Black Rock Center on SR56. Commissioner Cardon also reported that Representative Jim Hansen would be in Cedar City on March 26 between 2:00 and 4:00 p.m. The County has a block of time reserved beginning at 2:00. Any county officers are invited to attend.

VISITOR CENTER :

Tom Cardon reported on the ground breaking ceremony for the Visitor Center in Cedar City. The Cox Motor site is in the process of being sold. A letter has been received from the State Division of Solid and Hazardous Waste stating that no further action was required for the site provided that a basement is not placed directly over the tank site on the northwest corner of the property. After reviewing the requirements of the letter, Commissioner Urie made a motion to authorize Tom Cardon as Commission Chairman to execute the sales agreement with the Smith/Jorgensen group provided the agreement has been approved by the County Attorney. Second was by Dennis Stowell and Tom Cardon voted in favor.

SOUTHWEST PUBLIC HEALTH REPORT :

Gary Edwards, Southwest Public Health Director, presented their annual report of activities to the Commission. Gary explained areas of concern to Public Health. He reported that of particular concern was keeping infant mortality rates low with the increase in population; reducing unintentional injury deaths, the leading cause of death in the 1 to 44 year age group; reducing the suicide rate, which is higher than the state average; taking a pro active approach to emerging infections such as Hantavirus, hepatitis A, and Shingella before they become common problems; continuing with efforts in preventing and detecting cancer in early stages; and developing and implementing initiatives to protect the quality of ground water sources.

Mr. Edwards said they would also work with individual counties to help identify specific needs of each county.

BUDGET HEARING - VISITOR CENTER :

Dennis Stowell made a motion to open a public hearing as advertised for the purpose of amending the 1997 Visitor Center budget. Second was by Roy Urie with Tom Cardon voting in favor.

Dennis Lowder explained to the Commission the proposed budget for the Visitor Center. He explained that at the time the budget was adopted in December that construction costs were not available. Now that the bids have been approved for construction, the budget must be adjusted to reflect the actual expenditures. Dennis suggested that the Capital Projects Fund - Visitor Center be amended to $2,100,000 for 1997. No one appeared to speak in opposition to the proposed budget amendment.

Roy Urie made a motion to approve the amendment to the 1997 Capital Projects Fund - Visitor Center to $2,100,000 for 1997. Second was by Dennis Stowell and Tom Cardon voted in favor. After the amendment was approved, the public hearing was closed.

ORDINANCE 149 - R.S. 2477 MAP :

Ordinance 149 which adopts the Iron County R.S. 2477 map was introduced and discussed. Roy Urie made a motion to approve the adoption of Ordinance 149. Second was by Dennis Stowell and Tom Cardon voted in favor.

 

IRON COUNTY

ORDINANCE NUMBER 149

 

AN ORDINANCE OF THE COUNTY OF IRON, ADOPTING THE

"IRON COUNTY R.S. 2477 MAP"

 

Whereas, in 1866, Congress enacted a grant of rights of way over unreserved public lands for the "construction of highways." The grant was originally section 8 of the mining law of 1866, and later became section 2477 of the Revised Statutes (R.S. 2477), then 43 U.S.C.§ 932, until its repeal in 1976, and

 

Whereas, Iron County Public Officials have reviewed maps and have determined which roads within Iron County, Utah have been designated and claimed as valid R.S. 2477 Road Rights of Way, and

 

Whereas, there are now on file in the office of the county clerk, for public inspection, a map designating Rights of Way claimed under R.S. 2477, and

 

Whereas, a copy of said map was submitted to the Bureau of Land Management, Beaver River Resource Area on August 5, 1993, now therefore

 

BE IT ORDAINED by the Iron County Commission:

 

Section 1. ADOPTION:

 

There is hereby adopted the Official Map of roads claimed by Iron County under R.S. 2477 as compiled, edited and published by Iron County Public Officials as existing Rights of Way as of January 1, 1976.

 

Section 2. ROAD STANDARDS:

 

Iron County adopted a standard width for road rights of way by adopting Ordinance 89 dated August 25, 1983 which designated that County road rights of way were to be sixty-six feet (66') wide as had been the common practice on roads being maintained by the county. This standard shall apply to road rights of way claimed under R.S. 2477.

 

Section 3. EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS:

 

The adoption of this ordinance does not affect agreements entered into with any Federal or State Agency for maintenance or ownership of any right of way issued after 1976.

 

Section 4. FILING IN COUNTY RECORDER’S OFFICE:

 

A copy of this Ordinance shall be filed in the Office of the Iron County Recorder along with a copy of the map designating rights of way claimed under R.S. 2477 for public reference.

 

Section 5. EFFECTIVE DATE:

 

This Ordinance shall take effect upon publication in the manner provided by §17-15-1, Utah Code Annotated 1953, as amended and all provision shall be severable so that if any section, clause, or term is held unconstitutional or contrary to law the void character shall not effect any of the remaining portion of this Ordinance.

 

PASSED AND ADOPTED THIS 24th day of March , 1997.

 

/s/ Thomas B. Cardon

Signed: Thomas B. Cardon, Chairman

/s/ David I. Yardley

Attest: David I. Yardley, Clerk

 

Voting: Aye Nay Abstain

 

Thomas B. Cardon x

Roy P. Urie x

Dennis E. Stowell x

 

DOROTHY HERDT - AMBULANCE :

Dorothy Herdt came before the Commission to express concerns regarding ambulance service in growing subdivisions in the County. She explained that on Christmas Eve her husband experienced a health emergency in which she called 911 for help. The dispatcher asks if there was anyone available to meet the ambulance at the highway. Because Mrs. Herdt was alone, she felt that it was not appropriate to ask her to leave her husband to meet the ambulance. Mrs. Herdt requested that ambulance personnel be required to travel to subdivisions to become familiar with the roads and access into the subdivisions.

Ron Johnson, the ambulance supervisor and a dispatcher explained to the Commission that this was a standard question which is ask when it is hard to locate a home. It was not to cause more stress to the family. With the growth the County is experiencing it is increasingly difficult to know where each home is located and the best way to access that home. It is part of the ongoing training of EMT’s to review both existing and new development within the County.

The matter was taken under advisement to determine if there is a method available to help located addresses in emergencies.

STATE TAX COMMISSION - ALICE SHEARER :

State Tax Commissioner Alice Shearer came before the Commission to discuss concerns the County may have with the operation of the Tax Commission. Commissioner Shearer reported that they were doing Board of Equalization appeals this week in Iron County. She said that the Iron County Assessor’s office is doing an excellent job with the appraisal work they are required to complete.

Commissioner Shearer discussed appeals on State Assessed property. She said that the five-year backlog they had experienced was now nearly current. They will attempt to resolve the disputes within the current year in the future.

Commissioner Shearer explained the escrow procedure for disputed tax funds from centrally assessed properties. She felt this would help speed up the process and make it easier to refund excess collections. She also answered questions on placing a single value for property on the tax notice. The Tax Commission has found that this eliminates confusion and it coordinates with the procedure used by appraisers.

LANDFILL :

Alan Wade came before the Commission to discuss collecting for apartments as residential units and then charging the commercial haulers for the loads at the landfill. The Commission determined that the waste would continue to be billed as commercial upon delivery to the landfill. The Commission also determined that to allow for notification by commercial waste companies to their customers that the increase from $2.00 to $3.00 per yard would become effective May 1, 1997. Other rate increases will become effective April 1, 1997 as originally adopted in Resolution 97-2.

PLAT APPROVAL - RAINBOW RANCHOS NORTH :

Kenneth Middleton and Rick Middleton presented a plat of Rainbow Ranchos North Subdivision for approval. The subdivision is located adjacent to the existing Rainbow Ranchos Subdivision. The plat has one error which must be corrected before filing. The Planning Commission requested a 100-foot right of way on the west side which would be an extension of 5300 West. Ken Middleton agreed to make the change.

Roy Urie made a motion to approve the subdivision as presented with the road amendment. Second was by Dennis Stowell and Tom Cardon voted in favor. Commissioner Cardon then signed the plat.

RESOLUTION 97-3 - VISITOR CENTER BOND :

Kim Young presented a resolution for the County Commission to consider which authorizes the Municipal Building Authority of Iron County, Utah to issue bonds for the construction of a visitor center and office complex. The commission reviewed the Resolution after which Roy Urie made a motion to adopt Resolution 97-3. Second was by Dennis Stowell and Tom Cardon voted in favor.

RESOLUTION 97-3

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH, AUTHORIZING AND APPROVING THE EXECUTION OF AN ANNUALLY RENEWABLE LEASE AGREEMENT DATED AS OF MARCH 1, 1997, BY AND BETWEEN SAID COUNTY AND THE MUNICIPAL BUILDING AUTHORITY OF IRON COUNTY, UTAH (THE "AUTHORITY"); AUTHORIZING THE EXECUTION BY SAID COUNTY OF A GROUND LEASE AND AN AUTHORIZING THE ISSUANCE AND SALE BY SAID AUTHORITY OF ITS LEASE REVENUE BONDS, SERIES 1997A, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,000,000 AND ITS LEASE REVENUE BONDS, SERIES 1997B, IN THE AGGREGATE PRINCIPAL AMOUNT OF $250,000; AUTHORIZING THE EXECUTION BY THE AUTHORITY OF A MASTER RESOLUTION, A GROUND LEASE, SECURITY DOCUMENTS, AND OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AUTHORIZING THE FINANCING OF A BUILDING TO BE USED AS A VISITORS CENTER/STATE AND COUNTY ADMINISTRATIVE OFFICE COMPLEX LOCATED ADJACENT TO IRON MISSION PARK AND RELATED IMPROVEMENTS; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED HEREBY; AND RELATED MATTERS.

 

WHEREAS, Iron County, Utah (the "County") is a body corporate and politic duly and regularly created, established, organized and existing under and by virtue of the Constitution and laws of the State of Utah; and

 

WHEREAS, the County has previously authorized and directed the creation of the Municipal Building Authority of Iron County, Utah (the "Authority") pursuant to the provisions of a Resolution adopted on April 12, 1982 (the "Creating Resolution"); and

 

WHEREAS, pursuant to the direction of the Board of County Commissioners (the "Board") of the County contained in the Creating Resolution, the Authority has been duly and regularly created, established and is organized and existing as a nonprofit corporation under and by virtue of the provisions of the Constitution and laws of the State of Utah, including, in particular, the provisions of the Utah Nonprofit Corporation and Co-operative Association Act, Title 16, Chapter 6, Utah Code Annotated 1953, as amended (the "Nonprofit Corporation Act"), and the Utah Municipal Building Authority Act, Title 17A, Chapter 3, Part 9, Utah Code Annotated 1953, as amended (the "Utah Municipal Building Authority Act" and collectively with the Nonprofit Corporation Act, the "Acts"); and

 

WHEREAS, under the Articles of Incorporation of the Authority (the "Articles") the objects and purposes for which the Authority has been founded and incorporated are to acquire, improve or extend one or more projects and to finance their costs on behalf of the County in accordance with the procedures and subject to the limitations of the Utah Municipal Building Authority Act in order to accomplish the public purpose for which the County exists; and

 

WHEREAS, the County desires to lease, as lessee, on an annually renewable basis, a building to be used as a Visitors Center/State and County administrative office complex located adjacent to Iron Mission Park, to be constructed, together with related improvements (the "Project") to be used by the County in the performance of its public purposes; and

 

WHEREAS, the Authority desires to lease the Project, as lessor, on an annually renewable basis, to the County, as lessee; and

 

WHEREAS, the estimated costs of construction of the Project, including a certificate of the engineer/architect setting forth the estimated useful life of the Project have been submitted to the County; and

 

WHEREAS, the County has determined that the cost of construction of the Project is not less than the fair market value of the Project; and

 

WHEREAS, the County authorizes and approves the execution of a Lease Agreement between the County and the Authority, authorizes the issuance and sale by the Authority of its Lease Revenue Bonds, Series 1997A (the "Series 1997A Bonds") and its Lease Revenue Bonds, Series 1997B (the "Series 1997B Bonds" and together with the Series 1997A Bonds, the "Series 1997 Bonds"), the execution of a Master Resolution, the Ground Lease, the Sublease and Security Documents herein described, and other documents required in connection therewith, and authorizes the financing of the Project; and

 

WHEREAS, the Project will be leased to the County, as lessee, on an annually renewable basis by the Authority, as lessor, pursuant to the terms and provisions of that certain Lease Agreement, to be dated as of March 1, 1997, in substantially the form presented to this meeting and attached hereto as Exhibit "A" (the "Lease Agreement") and herein authorized and approved; and

 

WHEREAS, the County desires to lease, as lessor, its interest in the real property upon which the Project will be constructed to the Authority, as lessee, pursuant to the terms and provisions of that certain Ground Lease (the "Ground Lease") to be dated as of March 1, 1997 in substantially the form presented to this meeting and attached hereto as Exhibit "B" and herein authorized and approved; and

 

WHEREAS, the Authority desires to issue its Lease Revenue Bonds, Series 1997A in the total principal amount of $1,000,000 and its Lease Revenue Bonds, Series 1997B in the total principal amount of $250,000 pursuant to the provisions of a Master Resolution to be dated as of March 1, 1997 in substantially the form presented to this meeting and attached hereto as Exhibit "C" (the "Master Resolution") and herein authorized and approved; and

 

WHEREAS, the Authority proposes to secure its payment obligations under the Series 1997 Bonds by executing a Leasehold Deed of Trust, Assignment of Rents and Security Agreement and financing statements with respect to the Project and an Assignment of Ground Lease in substantially the form presented to this meeting and attached hereto as Exhibit "D" (the "Security Documents") for the benefit of the holders of the Series 1997 Bonds; and

 

WHEREAS, the Authority adopted a resolution on March 24, 1997 (the "Authorizing Resolution"), which authorized and approved the execution of the Lease Agreement, the issuance and sale by the Authority of its Series 1997 Bonds, the execution of the Master Resolution, the Ground Lease, the Sublease (hereinafter defined), Security Documents and other documents required in connection therewith, and the financing of the construction of the Project; and

 

WHEREAS, the Series 1997 Bonds shall be payable solely from the rents, revenues and other income derived by the Authority from the leasing of the Project to the County on an annually renewable basis, and shall not constitute or give rise to an obligation or liability of the County or constitute a charge against its general credit or taxing powers; and

 

WHEREAS, the County desires to improve and promote the local health and general welfare of the citizens of the County by entering into the Lease Agreement; and

 

WHEREAS, the Authority has negotiated the purchase of the Series 1997 Bonds with the State of Utah Permanent Community Impact Fund Board (the "Purchaser"); and

 

WHEREAS, the Purchaser has offered to purchase the Series 1997A Bonds at a purchase price of $1,000,000, and the Purchaser has offered to purchase the Series 1997B Bonds at a purchase price of $250,000; and

 

WHEREAS, under the Articles, the Authority may not exercise any of its powers without prior authorization by the governing body of the County and, therefore, it is necessary that the Board authorize certain actions by the Authority in connection with the transactions contemplated by the Lease Agreement, the Ground Lease, the Master Resolution, the Series 1997 Bonds and the Security Documents; and

 

WHEREAS, the Chair of the Board of County Commissioners of the County (the "Chair") and other officials of the County have presented the Lease Agreement, the Ground Lease to the Board for the purpose of obtaining the approval of the Board of the terms and provisions thereof and for the purpose of confirming the execution thereof as the official act of the Board; and

 

WHEREAS, the County authorizes and approves the execution of the Ground Lease and the Lease Agreement between the County and the Authority, the issuance and sale by the Authority of its Series 1997 Bonds, the execution of the Master Resolution, and Security Documents as herein described, and other documents required in connection therewith, and authorizes the financing of the Project.

 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH AS FOLLOWS:

 

Section 1.  All action heretofore taken (not inconsistent with the provisions of this Resolution or the Creating Resolution) by the Board and by the officers of the County directed toward the creation and establishment of the Authority and the leasing of the Project by the County are hereby ratified, approved and confirmed.

Section 2.  The Board hereby approves the estimated costs of construction of the Project and finds and determines, pursuant to the Constitution and laws of the State of Utah, that (I) the cost of construction of the Project is not less than the fair market value of the Project, and (ii) the leasing of the Project under the terms and provisions and for the purposes set forth in the Lease Agreement and the other documents, instruments and conveyances hereinafter approved and authorized, is necessary, convenient and in furtherance of the governmental and proprietary purposes of the County and is in the best interest of the citizens of the County, and the Board hereby authorizes the financing of the Project by the Authority in accordance with the provisions of the Master Resolution, the leasing of the Project to the County by the Authority in the manner provided in the Lease Agreement, the leasing of the Project Site by the County to the Authority in the manner provided in the Ground Lease, and the delivery of the Security Documents.

 

Section 3.  The Lease Agreement in the form presented to this meeting and attached hereto as Exhibit "A" is in all respects approved, authorized and confirmed and the Chair is authorized to approve the final terms thereof and to execute and deliver the Lease Agreement in the form and with substantially the same content as set forth in Exhibit "A" for and on behalf of the County. The appropriate officials of the Authority are authorized to approve the final terms and to execute the Lease Agreement on behalf of the Authority in the form and with substantially the same content as set forth in Exhibit "A" for and on behalf of the Authority.

 

Section 4.  The Ground Lease in the form presented to this meeting and attached hereto as Exhibit "B" is in all respects approved, authorized and confirmed and the Chair is authorized to approve the final terms thereof and to execute and deliver the Ground Lease in the form and with substantially the same content as set forth in Exhibit "B" for and on behalf of the County. The appropriate officials of the Authority are authorized to approve the final terms and to execute and deliver the Ground Lease on behalf of the Authority in the form and with substantially the same content as set forth in Exhibit "B" for and on behalf of the Authority.

 

Section 5.  The appropriate officials of the Authority are authorized to execute and deliver the Master Resolution and the Security Documents in the forms and with substantially the same content as set forth in Exhibits "C" and "D", respectively, for and on behalf of the Authority.

 

Section 6.  The Authority is authorized to issue the Series 1997A Bonds in the aggregate principal amount of $1,000,000 at a purchase price of 100% of its respective par amount. The Series 1997A Bonds shall be dated as of their delivery date and, except as otherwise provided in the Master Resolution, the Series 1997A Bonds shall bear interest at the rate of three percent (3.0%) per annum. The Series 1997A Bonds shall be payable in annual installments on April 1 of each year, commencing April 1, 1999, in accordance with the Master Resolution.

 

The Authority is authorized to issue the Series 1997B Bonds in the aggregate principal amount of $250,000 at a purchase price of 100% of its respective par amount. The Series 1997B Bonds shall be dated as of their delivery date and, except as otherwise provided in the Master Resolution, the Series 1997B Bonds shall bear interest at the rate of three percent (3.0%) per annum. The Series 1997B Bonds shall be payable in annual installments on April 1 of each year, commencing April 1, 1999, in accordance with the Master Resolution.

 

The President and Chair (the "President/Chair") of the Board of Trustees (the "Governing Board") of the Authority is hereby authorized, on behalf of the Authority, to award the sale of the Series 1997 Bonds to the Purchaser. The approval of the Authority shall be evidenced by the President/Chair of the Governing Board's execution of the Master Resolution and the Security Documents, the forms of which have been approved herein.

 

The form, terms and provisions of the Series 1997 Bonds and the provisions for the signatures, authentication, payment, registration, transfer, exchange, redemption and number shall be as set forth in the Master Resolution in the form to be executed by the Authority. The Series 1997 Bonds shall mature prior to the expiration of the estimated useful life of the Project. The President/Chair of the Governing Board of the Authority is hereby authorized to execute the Series 1997 Bonds, and to deliver the Series 1997 Bonds to the Purchaser. The Secretary of the Governing Board of the Authority is authorized to attest to the signature of such President/Chair of the Governing Board and to affix the seal of the Authority to the Series 1997 Bonds and to authenticate the Series 1997 Bonds. The signatures of the President/Chair and of the Secretary of the Governing Board of the Authority may be by facsimile or manual execution.

 

Section 7.  The appropriate officers of the County are authorized to take all action necessary or reasonably required to carry out, give effect to and consummate the transaction contemplated hereby, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the sale and delivery of the Series 1997 Bonds.

 

Section 8.  Upon their issuance, the Series 1997 Bonds will constitute special limited obligations of the Authority payable solely from and to the extent of the sources set forth in the Series 1997 Bonds, the Security Documents and the Master Resolution. No provision of this Resolution, the Lease Agreement, the Master Resolution, the Ground Lease, the Series 1997 Bonds or the Security Documents, nor any other instrument, shall be construed as creating a general obligation of the Authority or as creating a general obligation of the County or the State, nor as incurring or creating a charge upon the general credit of the County or the State or against their taxing powers. The County shall have no power to pay out of its funds, revenues, or accounts, or otherwise contribute any part of the cost of financing the acquisition and construction of the Project, or of making any payment in respect of the Series 1997 Bonds, except in connection with the payment of the Base Rentals, Additional Rentals and Purchase Option Price pursuant to the Lease Agreement (as those terms are defined in the Lease Agreement) which may be terminated by the County on any annual renewal date thereof in accordance with the provisions of such Lease Agreement.

 

Section 9.  The Chair is hereby authorized to make any alterations, changes or additions in the Lease Agreement, the Ground Lease herein approved and authorized necessary to correct errors or omissions therein, to remove ambiguities therefrom, or to conform the same to other provisions of such instruments, to the provisions of this Resolution, the Creating Resolution or any resolution adopted by the County, or the provisions of the laws of the State of Utah or the United States.

 

Section 10.  The appropriate officials of the Authority are authorized to make any alterations, changes or additions in the Lease Agreement, the Ground Lease, the Master Resolution and the Security Documents herein authorized and approved which may be necessary to correct errors or omissions therein, to remove ambiguities therefrom, to conform the same to other provisions of said instruments, to the provisions of this Resolution, the Creating Resolution or any resolution adopted by the County or the Authority, or the provisions of the laws of the State of Utah or the United States.

 

Section 11.  If any provisions of this Resolution (including the exhibits attached hereto) should be held invalid, the invalidity of such provisions shall not affect any of the other provisions of this Resolution or the exhibits.

 

Section 12.  The County Clerk is hereby authorized to attest to all signatures and acts of any proper official of the County, and to place the seal of the County on the Lease Agreement and the Ground Lease. The Chair and other proper officials of the County and each of them, are hereby authorized to execute and deliver for and on behalf of the County any and all additional certificates, documents and other papers and to perform all other acts that they may deem necessary or appropriate in order to implement and carry out the matters herein authorized.

 

Section 13.  The Secretary of the Governing Board of the Authority is hereby authorized to attest to all signatures and acts of any proper official of the Authority, and to place the seal of the Authority on the Lease Agreement, the Ground Lease, the Master Resolution, the Security Documents and any other documents authorized, necessary or proper pursuant to this Resolution or any resolution of the Authority. The appropriate officials of the Authority, and each of them, are hereby authorized to execute and deliver for and on behalf of the Authority any or all additional certificates, documents and other papers to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in this Resolution and any resolution of the Authority.

 

Section 14.  All bylaws, orders and resolutions of the County or parts thereof inconsistent herewith, including, in particular, the Creating Resolution, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.

 

Section 15.   This Resolution shall become effective immediately upon adoption by the Board.

 

PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH THIS 24TH DAY OF MARCH, 1997.

 

 

/S/ Thomas B. Cardon

Chair

 

ATTEST:

 

/s/ David I. Yardley

County Clerk

 

All of the exhibits listed in Resolution 97-3 are contained in the transcript of the bonds.

Commissioner Urie then made a motion to adjourn County Commission meeting and convene as the Board of Directors of the Municipal Building Authority of Iron County, Utah. Second was by Dennis Stowell and Tom Cardon voted in favor.

RECONVENE IN COMMISSION MEETING :

After completing business necessary for the Municipal Building Authority, the Commission reconvened in an open session.

PAROWAN CITY - DUMP CLOSURE REQUEST :

James Rasmussen, Parowan City Manager, and Norm Day, Parowan City Councilman, requested County participation in finishing the closure of the Parowan City dump. They also suggested that the area may be used as a class four dump once the closure is completed. This would allow yard waste and construction material to be dumped at this site which would keep it out of the Iron Springs site and extend the life of that landfill.

Commissioner Urie will visit the site with the Road Supervisor and Parowan City officials to determine the level the County is willing to participate. Commissioner Urie also explained that due to other projects that road equipment and personnel would not be available for some time.

SUU FUNDING REQUEST :

Clayton Frehner came to request county participation in funding the production of a video on the history of Southern Utah University. The video is part of the centennial celebration of the founding of SUU. The video will be commercially produced and professional actors will be used. The cost will be about $35,000.00.

Mr. Frehner also explained that other activities which would be included in the centennial celebration would be a visit from President Gordon B. Hinckley, President of the L.D.S. Church, former US President George Bush, Utah Governor Mike Leavitt, David Scott, a former US astronaut, Dr. DeBakey, a heart surgeon, Dr. C. Everett Koop, former US Surgeon General, the Mormon Tabernacle Choir, British Consul General, Merrick Baker-Bates, and Russian Minister of Culture, Evgene Sidorov. Total costs for all of these programs will cost approximately $100,000.

Commissioner Urie made a motion to donate $10,000 to Southern Utah University to help fund the production of the history video provided that the County would be able to use the video as a feature at the visitor center. Second was by Commissioner Stowell and Commissioner Cardon voted in favor. The funds are to come from the Restaurant Tax Fund.

ORDINANCE 151 - CEDAR HIGHLANDS :

An ordinance approving an amendment to the original plat of Cedar Highlands Subdivision was presented and discussed. Commissioner Stowell then made a motion to adopt Iron County Ordinance 151 as written below. Second was by Commissioner Urie and Commissioner Cardon voted in favor

 

IRON COUNTY

ORDINANCE 151

 

AN ORDINANCE OF IRON COUNTY AMENDING THE ORIGINAL PLAT

OF CEDAR HIGHLANDS SUBDIVISION FILED SEPTEMBER 9, 1991.

 

WHEREAS, this matter came before the Board of County Commissioners of Iron County, Utah upon written application to amend Lot 1, Block 2 and Lot 6, Block 1 of the Cedar Highlands Subdivision which was filed on September 9, 1991 as entry number 309436 Book 437 Page 4 of the Official Records of the Iron County Recorder; and

 

WHEREAS, the Board of County Commissioners of Iron County, Utah is authorized by Utah Code Annotated 1953 as amended § 17-27-810 to vacate, alter, or amend a plat, any portion of a plat, or any street or lot; and

 

WHEREAS, the Board of County Commissioners of Iron County, Utah, upon notice and hearing , having duly considered the application and determined there is good cause proposed for the amendment and that neither the public nor any person will be materially injured by the amendment of Lot 1, Block 2 and Lot 6, Block 1, Cedar Highlands Subdivision; now therefore

 

The Board of Commissioners of the County of Iron, State of Utah ordains as follows:

 

1. Lot 1, Block 2 and Lot 6, Block 1 of the original plat of Cedar Highlands Subdivision filed on September 9, 1991 as entry number 309436 Book 437 Page 4 of the Official Records of the Iron County Recorder is hereby amended, as shown on the amended plat approved and recorded of even date; and

 

2. The amended plat shall show the official names as amended by Iron County Ordinance 128 as adopted on the 22nd day of December 1994 and recorded as entry number 345919, Book 520, Page 786-787 of the Official Records of the Iron County Recorder.

 

This Ordinance shall take effect upon publication in the manner provided by §17-15-1, Utah Code Annotated 1953, as amended and all provisions shall be severable so that if any section, clause, or term is held unconstitutional or contrary to law the void character shall not effect any of the remaining portion of this ordinance.

 

Approved, passed and adopted this 24th day of March , 1997 by the Board of Iron County Commissioners in regular session assembled, in and at their regular place of meeting.

 

/S/ Thomas B. Cardon

Thomas B. Cardon

Chairman, Board of Iron County Commissioners

 

Attest:

 

/s/ David I. Yardley

David I. Yardley

Iron County Clerk

 

VOTING: AYE NAY

Roy P. Urie x

Thomas B. Cardon x

Dennis E. Stowell x

 

APPROVAL OF BILLS AND ADJOURNMENT :

After the bills were reviewed and either approved or rejected, the meeting adjourned at 3:00 p.m.

 

Approved: /s/ Thomas B. Cardon

Thomas B. Cardon, Chairman

 

/s/ David I. Yardley

Attest: David I. Yardley, Clerk