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Show ‘PAGE7 ‘Beaver County Monitor Legal Notices continued from page 6. SEPTEMBER 20, 1996 ° ° In accordance with section 209-3-41, Utah Code Unannbiaied 1992, I, Olene S. Walker, Lieutenant Governor of the State of Utah, am causing the texts of the following Propositions and Initiative which will appear on the ballot at the General Election to be held Tuesday, November 5, 1996, to be nae) in at least one newspaper in every county of the state where a newspaper is published. JURY TRIAL RESOLUTION AND HIGHER EDUCATION SYSTEMS 1996 GENERAL SESSION STATE OF UTAH Sponsor: Stephen J. Rees Cd oe ee 1996 GENERAL SESSION STATE OF UTAH Sponsor: Lyle W. Hillyard AJOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; AMENDING THE PROVISIONS ON TRIAL BY JURY; PRESERVING THE RIGHT TO A TRIAL JURY IN CRIMINAL CASES; REPEALING THE REQUIRE-— , MENT OF EIGHT-PERSON JURIES IN GENERAL JURISDICTION COURTS; AND PRO~ VIDING AN EFFECTIVE DATE. : This resolution proposes to change the Utah Sonsatuton as follows: AMENDS: ARTICLE I, SECTION David H. Steele Howard A. Stephenson Lane Beattie Lyle W. Hillyard Leonard M. Blackham Eddie P. Mayne David L. Buhler Scott N. Howell Charles H. Stewart Craig A. Peterson L. Alma Mansell George Mantes 10 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to ~ each of the two houses voting in favor thereof: Section 1. Itis proposed to amend Article I, Section 10; Utah Constitution, to read: Article I, Section 10. [Trial by jury.] In capital ¢ cases the right of trial by jury. shall remain inviolate. [freourtsof generat juriedie- fewer than four persons. In criminal cases the verdict shall be unanimous. In civil cases three- fourths of the jurors may find’a Selon e verdict. Aj jury in civil cases shall be waived unless demanded. pubautal to eects: ; RESOLUTION AMENDING VETERANS’ PROPERTY TAX EXEMPTION 1996 GENERAL SESSION : STATE OF UTAH Sponsor: Wiiford R. Black Jr A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE U" ( CONSTITUTION; AMENDING THE PROVISIONS PERMITTING THE PROPERT* _ EXEMPTION OF DISABLED PERSONS WHO WERE DISABLED OR KILLED ’” s _ LINE OF DUTY DURING ANY WAR, INTERNATIONAL CONFLICT, OR MT? 4¥ ' TRAINING; GIVING DIRECTION TO THE LIEUTENANT GOVERNOR TO Wr AW ‘FECAND REPLACE S.J.R. 5 FROM THE 1995 GENERAL SESSION; PROVIDING 4. TIVE DATE; AND PROVIDING A COORDINATION CLAUSE. This resolution proposes to change the Utah Constitution as follows: AMENDS: ARTICLE XIII, SECTION 2 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each <’ <of the two houses voting in favor thereof: Section 1. It is proposed to amend Article XIII, Section 2, Utah Constitution, to read: Article XIII, Section 2. [Tangible property to be taxed— Value ascertained — Exemptions — Remittance or abatement of taxes of poor — Intangible property — Legisla+ture to provide annual tax for state.] (1) All tangible property in the state, not exempt under the laws of the United States, or under _ this Constitution, shall be taxed at a uniform and equal rate in pioporion to its value, to be ascertained as provided by law. (2) The following are property tax exemptions: (a) the property of the state, school districts, and public libraries; << Conversion Note: The text from here to the next conversion note was too long to fit in a header/footer. >><< Conversion Note: End of long data beginning at last Conversion note. >>(b) the property of counties, cities, towns, special districts, and all other political subdivisions of the State, except that to the extent and in the manner provided by the Legislature the property of a county, city, town, special district, or other political subdiviision of the state located outside of its geographic boundaries as defined by law may be subject 2 the ad ‘valorem property tax; (©) property owned by a nonprofit entity which is used exclusively for‘Feligious, charitable, of educational purposes; (d) places of burial not held or used for private or corporate benefit; and (e) farm equipment and farm machinery as defined by statute. ‘This exemption shall be implemented over a period of time as provided by statute. «) Tangible personal property present in Utah on January 1, m., which is held for sale or » processing and which is shipped to final destination outside this state within twelve months gq may be deemed by law to have acquired no situs in Utah for purposes of ad valorem property taxation and may be exempted by law from such taxation, whether manufactured, processed or 2°, produced or otherwise originating within or without the state. (4) Tangible personal property present in Utah on January 1, m., held for sale in the ordinary © + course of business and which constitutes the inventory of any retailer, or wholesaler or manufacturer or farmer, or livestock raiser may be deemed for purposes of ad valorem proper taxation to be exempted. (S) Water rights, ditches, canals, reservoirs, power plants, pumping plants, lines, .. Pipes and flumes owned and used by individuals or corporations for irrigating land within the state owned by such individuals or corporations, or the individual members thereof, shall be exempted from taxation to the extent that they shall be owned and used for such purposes. +/ (6) Power plants, power transmission lines and other property. used for generating and delivering electrical power, a portion of which is used for furnishing power for pumping water for irrigation purposes on lands in the state of Utah, may be exempted from taxation to the extent that such property is used for such purposes. Thesé exemptions shall accrue to the benefit of the ).users of water so pumped under such regulations as the Legislature may prescribe. “()). The taxes of the poor may be remitted or abated at such times and in such manner as may +, be provided by law. << Conversion Note: The text from here to the next conversion note was > too long to fit in a header/footer. >><< Conversion Note: End of long data beginning at last Conversion note. >>. *. *" (8) The Legislature may provide by law for thé exemption from taxation: of not to exceed . 45% of the fair market value of residential property as defined by law; and all-household fur& nishings, furniture, and equipment used exclusively by the owner thereof at hiis place of abode in maintaining a home for himself and family. Sy (9) Property owned by disabled persons who [served-in] were disabled in the line-of duty any war, in the military service of the United sa/- States or of the’state of Utah and by the unmarried [widows] surviving spouses and minor orphans of such disabled persons or of persons who [ during any war. intemaPe in the military service of the United States or the state of of duty as a result of such service may be exempted in the ie Utah were killed in action or died line . as the Legislature may provide. =~ (10) Intangible property may be exempted from taxation as property or it may be taxed as ©)\) Property in such manner and to such extent as the Legislature may provide, but if taxed as property the income therefrom shall not also be taxed. Provided that if intangible property is taxed as property the rate thereof shall not exceed five mills on each dollar of valuation, by law for an annual tax sufficient, with other sources of Ee ‘@1) The acai shall ae ispal year. olomtntcesip are ie ae pate if Reese athe rey for Wye _annually, sufficient to pay the annual interest and to pay the. principal of such debt, within ~ towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the State School Fund. A portion of theinterest earnings of the State School Fund, in an amount equal to the total balance in the State School Fund at the close of each calendar year multiplied by the annual rate of inflation for the preceding year, as determined by the state treasurer, shall be retained in the State School Fund and added to the Principal. The State School Fund shall be guaranteed, by the State against loss or diversion. ; Robert C. Steiner Eldon A. Money Mike Dmitrich Wilford R. Black Jr John P. Holmgren L. Steven Poulton LeRay McAllister Brent C. Richards Blaze D. Wharton Craig L. Taylor Nathan C. Tanner _ Robert F. Montgomery (c) other revenues received by the fund under any other provision of law or by donation. (4) TheVator School Piiad shall bemaintained andy led for the spies of the State's public [ ta y ti ti (1) Nothing in thisConstitution shall be construed to prevent the Legislature from providing a stamp tax, or a tax based on income, occupation, licenses, franchises, or other tax provided by law. The Legislature may provide for deductions, exemptions, or offsets on any tax _ based upon income, occupation, licenses, franchises, or other tax as provided by law pursuant to this section. (2) Notwithstanding any provision of this Constitution, the Legislature, in any law imposing income taxes, may define the amount on, in respect to, or by which the taxes are imposed or d, b to any provision of the laws of the United States as the same may be or become effective at any time or from time to time and may prescribe exemptions or modifica_ tions to any such provision. (3) All revenue received from taxes on income or from taxes on intangible property shall —_be allocated to the support of the public [school] education system and the higher education _ system as defined in Article X, [Sec.] Section 2 of this Constitution. Section 3. Submittal to electors. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided by law. Section 4. Effective date. If approved by the electors of the state, the amendment proposed by this joint resolution shall take effect on November 5, 1996. 6f reveniie (a) proceeds from the salés of ail Jands granted by the United States to this state for’ the support of the public elementary and secondary schools; (b) 5% of the net proceeds from the sales of United States public lands lying Within this state; (c) all revenues derived from nonrenewable resources on state lands, other than sover __eign lands and lands granted for other specific purposes; dare twenty years from the final passage of the law creating the debt. Sea a Submittal to eters is fit mt 5 od ite—tmelndieont taw- Att other mines oF mining chats: and-other Tminerai-dep ell. aS re coabor-hydr atrd-att Ty: used-ir alrproperty-or-surtace (d) all revenues derived from the use of school trust lands; [are] (e) {ether} sevens oO 3 tes oythe eg Section 4. Ivis proposed to amend Article XII, Section 9, Utah Constitution, to read: Hand Article XII, Section 9. [State expenditure to be kept within revenues.] ~ No ape aon bee be es or 5 eee ances aa ie Weer yy} i eg a 22 e bequest or donation, -RESOL UTION AMENDING THE REVENUE AND TAXATION ARTICLE AND : EDUCATION ARTICLE FOR THE SUPPORT OF THE PUBLIC EDUCATION (2) The State School Fund principal shall be safely invested and held by the state in perpetuity. Only the interest received from investment of the State School Fund may be expended for the Support of the public elementary and secondary schools. The Legislature May make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the state’s fiduciary responsibilities Section 2. It is proposed to amend Article X, Section 5, Utah Constitution, to read: Article X, Section 5. [State School Fund and Uniform School Fund — Establishment and use — Debt guaranty.] (1) There is established a permanent State School Fund which shall consist of revenue from the following sources: (a) the property of the state, school districts, and public libraries; (b) the property of counties, cities, towns, special districts, and all other political subdivisions of the state, except that to the extent and in the manner provided by the Legislature the property of a county, city, town, special district, or other political subdivision of the state located outside of its geographic boundaries as defined by law may be subject to the ad valorem RESOLUTION ON DONATIONS TO THE STATE SCHOOL FUND 1996 GENERAL SESSION 1 exempted as the Legislature may provide. STATE OF UTAH : (10) Intangible property may be exempted from taxation as property or it may be taxed as Sponsor: Melvin R. Brown property in such manner and to such extent as the Legislature may provide, but if taxed as AJOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH -property the income therefrom shall not also be taxed. Provided that if intangible property is © CONSTITUTION; TO ALLOW FOR BEQUESTS AND DONATIONS TO BE MADE TO taxed as property the rate thereof shall not exceed five mills on each dollar of valuation. § THE STATE SCHOOL FUND; AND PROVIDING AN EFFECTIVE DATE, (11) The Legislature shall provide by law for an annual tax sufficient, with other sources This resolution proposes to change the Utah Conshtanen as follows: of revenue, to defray the estimated ordinary expenses of the state for each fiscal year. For the AMENDS: — purpose of paying the state debt, if any there be, the Legislature shall provide for levying a.tax ARTICLE X, SECTION 5 ; annually, sufficient to pay the annual interest and to pay the principal of such debt, within Be it resolved bythe Legislature of the state of Utah, two-thirds of all members elected to each twenty years from the final passage of the law creating the debt. of the two houses voting in favor thereof: Section 3. It is proposed to repeal Article XIII, Section 4, Utah Constitution, to read: Section 1. Itis proposed to amend Article X, Section 5, UtahConstitution, to read: Article XIII, Section 4. [Mines and claims to be assessed— Basis and multiple — Article x, Section 5. [State School Fund and Uniform School Fund — Establishment What to be assessed as tangible Property.] | and use.] [ oe Millie M. Peterson EddieP. Mayne Robert C. Steiner Nathan C. Tanner ARTICLE VI, SECTION 29 ARTICLE X, SECTION 5 ARTICLE XIII, SECTION 5 ARTICLE XIV, SECTION 1 ARTICLE XIV, SECTION 6 Beit resolved by theLegislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Article VI, Section 29, Utah Constitution, to read: Article VI, Section 29. [Lending public credit forbidden — Exception.] The Legislature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking, . (2) The following are property tax exemptions: property owned by a nonprofit entity which is used exclusively for religious, charieducational purposes; places of burial notheld or used for private or corporate benefit; a farm equipment and farm machinery as defined by statute. This exemption shall be ~ : Blaze D. Wharton AMENDS: ture to provide annual tax for state.] (c) table, or (d) (e) L. Alma Mansell David L. Watson John P. Holmgren LeRay McAllister Joseph L. Hull 4 A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; PERMITTING THE STATE TO GUARANTEE THE DEBT OF SCHOOL DISTRICTS; PERMITTING THE LEGISLATURE TO PROVIDE FOR REIMBURSEMENT BY PARTICIPATING SCHOOL DISTRICTS; REMOVING LIMITATIONS ON PUBLIC DEBT AND LENDING PUBLIC CREDIT FOR THIS PURPOSE; AND PROVIDING AN EFFECTIVE DATE, This resolution proposes to change the Utah Constitution as5 iolowe (1) All tangible property in the state, not exempt under the laws of the United States, or under this Constitution, shall be taxed at a uniform and equal rate in proportion to its value, to be ascertained as provided by law. (3) Tangible personal property present in Utah on January 1, [t--whielris] held for sale or processing and which is shipped to final destination outside this state within twelve months may be deemed by law to:have acquired no situs in Utah for purposes of ad valorem property taxation and may be exempted by law from such taxation, whether manufactured, processed or produced or otherwise originating within or without the state. (4) Tangible personal property present in Utah on January 1, [ms] held for sale in the ordinary course of business and which constitutes the inventory of any retailer, or wholesaler or manufacturer or farmer, of livestock raiser may be deemed for purposes of ad valorem property taxation to be exempted. ; (5) Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission lines, pipes and flumes owned and used by individuals or corporations for irrigating land within the state owned by such individuals or corporations, or the individual members thereof, shall be exempted from taxation to the extent that they shall be owned and used for such purposes. (6) Power plants, power transmission lines and other property used for generating and delivering electrical power, a portion of which is used for furnishing power for pumping water . for irrigation purposes on lands in the state of Utah, may be exempted from taxation to the extent that such property is used for such purposes. These exemptions shall accrue to the benefit of the users of water so pumped under such regulations as the Legislature may prescribe. (7) The taxes of thepoor may be remitted or abated at such times and in such manner as may be provided by law. (8) The Legislature may provide by law for the exemption from taxation: of not to exceed 45% of the fair market value of residential property as defined by law; and all household furhishings, furniture, and equipment used exclusively by the owner thereof at his place of abode in maintaining a home for himself and family. (9) Property owned by disabled persons who served in any war in the military service of the United States or of the state of Utah and by the unmarried widows and minor orphans of such disabled persons or of persons who while serving in the military service of the United States or the state of Utah were killed in action or died as a result of such service may be tem.] Leonard M. Blackham Wilford R. Black Jr Howard A. Stephenson David H. Steele Charles H; Stewart Craig A. Peterson George Mantes. Craig L. Taylor Mike: Dmitrich Scott N. Howell: Brent C. Richards of the state. property tax; THE DEBT OF SCHOOL DISTRICTS 1996 GENERAL SESSION STATE OF UTAH Sponsor: Lyle W. Hillyard Section 2. It is proposed to amend Article XII, Section 2, Utah Constitution, to read: Article XIII, Section 2. {Tangible property to be taxed— Value ascertained— Exemptions — Remittance or abatement of taxes of poor — Intangible property— Legisla- implemented over a period of time as provided by statute. Section 2. Itis epronoeed to amend Article XIII, Section 12, Utah Constitution, to read: Article XIII, Section 12. [Stamp, income, occupation, license or franchise tax permissible — Reference to United States laws in imposition of income taxes — Income or intangible property taxesallocated to public education system and higher education sys- shsist. GUARANTEE RESOLUTION AMENDING THE REVENUE AND TAXATION ARTICLE 1996 GENERAL SESSION STATE OF UTAH Sponsor: Afton B. Bradshaw A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; AMENDING AND REPEALING CERTAIN PROVISIONS OF THE REVENUE AND TAXATION ARTICLE; AND PROVIDING AN EFFECTIVE Cee This resolution proposes to change the Utah Constitution as follows: AMENDS: ARTICLE XIII, SECTION 1 ARTICLE XIII, SECTION 2 ARTICLE XIII, SECTION 9 -REPEALS: ARTICLE XIIl, SECTION 4 Ve Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: : : Section 1. It is proposed to amend Article XII, Section 1, Utah Constitution, to read: Article XIU, Section 1, [Fiscal year,] The fiscal year [shatt-begin-on-the-first-day-of January; d hich =bhll RESOLUTION ON STATE’S AUTHORITY TO (a) interest from the State School Fund remaining after deduction of the amount re tained in the State School Fund to protect the fund against losses due to inflation; (b) revenues appropriated by the Legislature; and (c) other revenues received by the fund under any other provision of law or by dona tion. (4) The Uniform School Fund shall be maintained and used for the support of the state’s public elementary and secondary schools and EEC as the Legislature shall provide. Section es Sion to etiots: ; State; re is established a permanent State School’ Fund olociee sources: Section 6. Effective date. (3) There is established a Uniform School Fund which shail consist of revenue from the fol (c) all revenues derived from nonrenewable resources on state lands, other than sovereign lands and lands granted for other specific purposes; (d) all revenues derived from the use of school trust lands; and (e) other revenues appropriated by the Legislature. (2). The State School Fund principal shall be safely invested and held by the state in ~ perpetuity. Only the interest received from investment of the State School Fund may be expended for the support of ‘the public [ ] . The Legislature may make appropriations from school trust land revenues to provide ae necessary for the proper administration and. Management of those lands consistent with the state’s fiduciary ‘Tesponsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the State School Fund, A portion of the interest earnings of the State School Fund, in an amount equal to the total balance in the State School aoe at the close of each calendar yearsoe by the annual rate of inflation for the ar, as di ined by the state shall be din the State School Fund and added te the principal. The State School Fund shall be Suarantced by the state against loss or diversion. (3) There is established a Uniform School Fund which shail consist of revenue from the following sources: (a) interest from the State School Fund remaining after deduction of the amount retained in the State School Fund to protect the fund against losses due to inflation; eS 2 fotthe _ If approved by the electors of the state, the amendment proposed by thisj joint résolutior shall take effect on January 1, 1997. lowing sources: A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; AMENDING THE REVENUE AND TAXATION ARTICLE AND EDUCATION ARTICLE; PROVIDING FOR INCOME TAX ALLOCATION TO THE SUPPORT OF THE PUBLIC EDUCATION SYSTEM AND HIGHER EDUCATION SYSTEM; PROVIDING FOR UNIFORM LANGUAGE; AND PROVIDING AN EFFECTIVE DATE. This resolution proposes to change the Utah Constitution as follows: AMENDS: ARTICLE X, SECTION 5 ARTICLE XIII, SECTION 12 ” Be itresolved by theLegislature of the state of Utah, two-thirds of all members elected toeach of the two houses voting in favor thereof: Section 1. It is proposed to amend Article X, Section 5, Utah Constitution, to read: Article X, Section 5. [State School Fund and Uniform School Fund — Establishment and use.] --: (1) There is established a permanent State School Fund which shall consist of revenue com the following sources: (a) proceeds from the sales of all lands granted by the United States to this state for the support of the public elementary and secondary schools; (b). 5% of the net proceeds from the sales of United States public lands lying within this (b) revenues appropriated by the Legislature; and WwW: Section 5. Submittal to electors. The lieutenant governor is directed to submit this proposed amendment to the electors 0. the state of Utah at the next general election in the manner provided by law. .(a) proceeds front the sales of all lands granted by the United States to this State for the support of the public elementary and secondary schools; (b) 5% of the net proceeds from the sales of United States public lands lying within this State; (c) all revenues derived from nonrenewabie resources on state lands, other than govercign lands and lands granted for other specific purposes; : (d) all revenues derived from the use of school trust lands; and (€) other revenues appropriated by the Legislature. Q) The State School Fund principal shall be safely invested and held by the state in perpetuity. Only the interest received from investment of the State School Fund may be expended for the support of the public elementary and secondary schools. The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the state’s fiduciary responsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited ini the State School Fund. A portion of the interest earnings of the State School Fund, in an amount equal to the total balance in the State School Fund at the close of each calendar year multiplied by the annual rate of inflation for the preceding year, as determined by the state treasurer, shall be retained in the State School Fund and added to the principal. The State School Fund shall be guarantéed by the State against loss or diversion. : (3) There is established a Uniform School Fund which shall consist of revenue from the following sources: (a) interest from the State School Fund remaining after deduction of ea amount retained in the State School Fund to protect the fund against losses due to inflation: . (b) revenues appropriated by the Legislature; and (©) other revenues received by the fund under any other provision of law or by oration: (4) The Uniform School Fund shall be maintained and used for the support of the state’s public eeand Pee oe and ones as oe pe ee Che s (b) The Legislature may provide that reimbursement to the state shall be obtained from monies which otherwise would be used for the support of the educational programs of the school district which incurred the debt with respect to which a Payment under the state’s guaranty was made. Section 3. It is proposed to amendArticle XIII, Section 5, Utah Constitution, to read: Article XII, Section 5. [Local authorities to levy local taxes _ Sharing | tax and revenues by political subdivisions — Debt Guaranty.] ‘The Legislature shall not impose taxes for the purpose of any county, city, town,or other municipal corporation, but may, by law, vest in the corporate authorities thereof, respectively, the power to assess and collect taxes for all purposes of such corporation. Notwithstanding anything to the contrary contained in this Constitution, political subdivisions may share their tax and other revenues with other political subdivisions as provided by statute and the state may guarantee the debt of school districts and may guarantee debt incurred to refund the school district debt as provided in Article X, Section 5. Section 4, It is proposed to amend Article XIV, Section 1, Utah Constitution, to read. Article XIV, Section 1. [Fixing the limit of the state indebtedness— Exceptions,] To meet casual deficits or failures in revenue, and for necessary expenditures for public purposes, including the erection of public buildings, and for the payment of all Territorial indebtedness assumed by the State, the State may contract debts, not exceeding in the aggregate at any one time, an amount equal to one.and one:half. per/centum-of the value of thé taxable == :property'of the State, as shown by the last assessment for State purposes, previous to the incurring of Such andebiedness. But thie: SGate-shall: eIeVer contract any indebtedness, except as provided in i [the neath Article cry; Seetiton tp d}2: 7 HYERCESS of stielr and at Tromte: F a were Section 5. Itis proposed to amend Article XIV, Section 6, Utah Constitution, to,read: Article XIV, Section 6. [State not to assume county, city, town or school district debts — Exception.] The State shall not assume the debt, or any part thereof, of any county, city, town of school district except as provided in Article X, Section 5. Section 6. Submittal to electors. ._ The lieutenant govemor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided by law. Gide 9-96 AN ORDINANCE GRANTING TO SOUTH CENTRAL UTAH TELEPHONE ASSOCIATION, INC. Its SUCCESSORS AND ASSIGNS A FRANCHISE FOR A TELEPHONE SYSTEM, LINES, STATIONS AND ACCESSORIES. This memorandum will be construed to comply with provisions necessary to establish presumed fact (Rule hats. Therefore, definitions and designatians applicable to ane ar¢ applicable to the other. a BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILFORD, BEAVER COUNTY, “JOF UTAH: ut SECTION1, TELEPHONE FRANCHISE GRANTED TO SOU TH CEN TRAL U TAH STATE 301, Federal Ruiles of Civil Procedure, and attending State rules) should interested parties fail to rebut any given In definitions at 27 CFR § 250ie .1 , Slee erie are found: ic fer of law addressed herein. The ion will be construed as adequate to meet requirements Revenue Agent: Any daly authorized Commonwealth intemal Reverme Agent of the Department Gee ee addressed herein, if not rebutted, will be constrmed of the Treasury of Puerto Rico. Secretary. The Secretary of the Treasury of Puerto Rico. Secretary or his to have general application. A true and comect copy of this Public Notice may be inspected by contacting delegate. The Secretary or any officer ar employee of the Department of the Treasury of Puerto Rico duly Township at 8850 S. 700. E., Suite $11, Sandy, Utah PZ 84047. The memorandum addresses the suthorized by the Secretary to perfonm the fimction mentioned or described in this part. TELEPHONE RE Lbery character of the intemal Revemme Service and other agencies of the Department of the Treasury, and legal “In the absence of any other definition describing reyeme officers and agents, the Secretary, or the ASSOCIATION. INC, : | application of the intemal Reveme Code. (a) Authority for Grant. The City of Milford under the authority and with permitted municipal legislation of Article Department of the Treasury, definitions above are unifonnly applicable to all IRS and BATF departments, 1. IRS Identity & Principal of Interest fimctions and personnel. In fact, it will be found that even petroleum tax prescribed in Subtitle D of the Intemal in 1953, te temal Revemse Service was created by the stroke of a pen wien the Secretary of the Treasury Revamic Code applies anly to United States territorial jurisdiction exclusive of the several States and to imported changed the name of the Bureau of Intemal Revenue (T.O. No. 150-29, G. M. Humphrey, Secretary of the petroleum. BATF has authority only with respect to firearms, mmmitions, etc., produced outside the several States 9, 1953). However, no congressional or presidential anthorization for making this change has been snd the first salc of impoxts. located, so the source of authority had to originate elsewhere. Research to which IRS officials bave acquiesced To date only throe statutes in the intemal Revere Code of 1986, as currently amended, have beec 1, Section 23 of the Constitution of the State of Utah and consistent with the statutes of United States and the State of Utah} ‘Treasury, neay, July there is hereby grants of non-exclusive franchise (the “Franchise”) to South Central Utah Telephone Association, Inc. (“South Central” or “Grantee”), a Utah corporation with its principal office in Escalante, Utah to construct, maintain, that the Secretary exercised his authority as trustee of Puetto Rico Trust #62 (Intempal Revemne) (sce located that specifically reference the several States, exclusive of the federal States (District of Columbia, Puerta 31 USC§ 1321), and as willbe demonstrated, the Secretary does, in fact,oom as Secretary of the Treasury, Rico, Guam, the Virgin Islands, etc.): 26 USC §§ 5272(b), 5362(c) & 7462. The first two provide certaix Puerto Rico, exemptions to bond and import tax requirements relating to imported distilled Spirits for governments of the ‘The solid link between the Intemal Reveme Service and the Department ofthe Treasury, Puerto Rico, was Several States and their respective political subdivisions, and the last provides that reports published by the operate, use and furnish to the public including governmental, industrial, commercial and individual and all other consumers} s+ pbiihed in te September 1995 issue of Vertas Magazine, based on researchby Willima Cooper med United States Tax Cou wil coustinte evidence of the reparts in cous ofthe United States and fe several a telephone system and all incidental or like facilities for communications within all present and future highways, streets, Wayne Bentson, both of Arizona. In October, a criminal complaint, was filed in the office of W. A. Drew ‘States, None of the three statutes extend assessment or collections authority for IRS or BATF withm the several Edmondson, attomey general for Oklahoma, against an Enid-based reveme officer, and in the time since, IRS States. : have failed to refiste the allegation that IRS is an agency of the Department of Treasury, Puerto Rico, IRS is contracted to provide collection services far the Agency for Intemational Development, and case law public places, alleys and property granted or dedicated to or by the City extending to above and below ground poles, towers, in‘pancipals November, criminal complaints were filed simmltaneously with the grand jury for the United States district demonstrates that the true principals of interest are the Intemational Monetary Fund and the World Bank (Bank for the District af Northem Oklahoma, Tulsa, and the office of Attomey General Edmondson, and both the ofthe United States v. Planters Bank af Georgia, 6 L.Ed (Wheat) 244; U.S. v. Burr, 309 U.S, 242; see 22 USCA wires, conduits, telegraph and telephone lines for the exercise of any power which South Central as authorized by law at the court office of the United States Attomey and IRS principals have yet to rebut the allegations in that instance NITED § 286, ef seq). In other words, IRS seemingly provides collection services for undisclosed foreign principal: STATES OF AMERICA vs. KenneyF. Moore, ct al, 95 CR-129C). sather than collecting intemal reveme for the benefit of constitutional United States goverament operation. Tc present or in the future to conduct so long as they are constructed, maintained, erected or operated in such a manner as to"By consulting the index for Chapter3, Title 31 of the United States Code, one finds that IRS and the Burean date, IRS principals have fuiled to dispute the published Cooper/Bentson allegation that the agency, via thest af Alcohol, Tobacco, and Firearms are not listed as agencies of the United States Department of the , foreigapmncipals, fimded the enormous tank and military track factory on the Kama River, Russia. The intemal constitute the least interference with traffic in and upon highways, streets and alleys. ‘The fact that Congress never createda “Bureau of Internal Reverme” is confirmed by publication in the Federal Revemie Service, a foreign entity with respect to the several States, is not registered to do business in the several _ (b) Non-exclusive Character and Term of Franchise. The Franchise hereby granted shall be non-exclusive and shall Register at 36 FR. 849-890 [C.B. 1971- 1,698], 36 FR. 11946 [C.B. 1971- 2,577], and 37. F.R. 489-490; and States. in Intemal Revere Mammal 1100 at 1111.2. : 2:2 Becegsvation of Due Process Riches be for the term of twenty (20) years form date hereof. At the end of that term, additional terms and extensions will be Implications are condenming both to IRS and third parties who in IRS-initiated scams; ‘The intemal Reverie Service has for years been protected by statutory cours both af the Unitec negotiated upon terms and conditions deemed reasonable = i SECTION 2. NON-LIABIL! the City and the Grantee. All facilities constructed shall be established in accordance with lawful activities with respect to eine telegraph or communication enterprises and South Central will — with all ordinances of the City presently existing or as amended from time to time. ‘No legitimate authority resides in or emanates from an office which was not legitimately created and/or ordained States and the several States, with the latter operating in the framework of adopted uniform laws which ascribe either by state or national constitutions or by legislative enactment. See variously, United States v. Genmane, afederal character to the several States. Both operate under the presumption of Congress’ Article IV jurisdictior 99 U.S. 508 (1879), Nortonv. Shelby County, 118 U.S. 425, 441, 6 S.Ct. 1121 (1866), etc., dating to Pope y. within the geographical United States (the District of Cohmnbia, Puerto Rico, etc.), both accommodate private Commissioner, 138 F.2d 1006, 1009 (6th Cir. 1943); where the state is concemed, the most recent comesponding intemational law under exclusively United States treaties on private intemational law, and both operate in the decision was State y. Pinclney, 276 N.W.2d 433, 436 (lowa 1979). framework of admiralty roles to impose Civil Law (sce both majority & dissenting opinions variously, Bennis Another direct evidence of the fraud is found at 27 CFR§ 1,which prescribes basic requirements for V. Michigan, U.S. Supreme Court No. 94-8729, March4, 1996) , which is repuguaut to both state and national securing penmits under the Federal Alcohol Administration Act. The problem here is that Congress prommlgated Coustifutians (see authority of of Justice as representative of the “Central Authority” ¢stablished by the Act in 1935, and the same year, the United States Supreme Court declared the Act unconstitutional. US. treaties onprivate intemational law at 28 CFR § 0.49; also, “couflict of law” as a subcategory to “statutes” Administration of the Act was subsequently moved offshore to Puerto Rico, along with the Federal Alcohol in American c). However, this house of cards will shortly fall as Cooperative Federalism, knowr SECTION 3. ACCEPTANCE. The City declares that it shall not at any time ever become liable or responsible to Administration, and operation eventually merged with the Bureau of Intemal Revere, Puerto Rico, which until aS Corparatisn well into the 1930s, has been thoroughly documented and is rapidly being exposed via state anc any person, firm, corporation or individual for any damage, injury (including loss of life), or loss by reason of the activities 1938, along with the Bureau of Internal Reyesme, Philippines, created by the Philippines provisional goverment United States appellate courts and in public forum. via Philippines Trust #2 (intemal reveme) (see 31 USC § 1321 for listing of Philippines Trust #2 (intemal Inreality, the Intemal Reverme Code preserves due procéss rights, but the statute has been dormant until recently of South Central under this Franchise and South Central hereby indemnifies the City and holds it harmless against all such} revemie)), administered the China ‘Trade Act Cicensing & revemue collection relating to opium, cocaine & citric [Sec, 7804] (0) PRESERVATION OF EXISTING RIGHTS AND REMEDIES:-- Nothing Numb. wines). This line will be resumed after aning IRS and Com is ioner of in Reorg: d 26 of 1950 or Reorganization Plan Numbered 1 of 1952 shall be considerec -|liabilities, loss, cost, damage or expense which may be incurred by the City by reason of the exercise or arising out of the internal Revere authority: to impair any tight or remedy, including trial by jury, to recover any imemal revere tax alleged to,have beer Further verification that IRS does not have Iswfial authority in the several States is found in the Parallel emoncously or illegally assessed or collected, or any penalty claimed to have been collected without authority implementation of this Ordinance. Table of Authorities and Rules, beginning on page 751 of the 1995 Index volume to the Code of Federal of atly sam alleged to have been excessive or in any mamer wrongfully collected under the intemal reveme laws | Regulations, it will be found that there are no regulations supportive of 26 USC §§ 7621, 7801, 7802 & 7803 Far the purpose of any action to recover any such tax, penalty, or sum, all statutes, rules, and regulations referring SECTION 4. EFFECTIVE DATE. South Central, by making application therefore, shall be presumed to have} (these statnte listings are absent from the table). In other words, no regulations have been published in the Federal to the collector of intemal reveme, the principal officer for the intemal revere district, or the Secrétary, shal Register, extending authority to the several States and the population at large, (1) to establish revemie districts be deemed to refer to the officer whose act or acts referred to in the preceding sentence gave rise to such action accepted this Franchise. within the several States, (2) extending authority of the Department of the Treasury [Puerto Rico] to the several The venue of any such action shall be the same as under existing law. (3) giving authority to the Commissioner of intemal Reverme and assistants within the several States, or _ The reorganization plans of 1950 & 1952 were implemented vie the Intemal Reveme Code of 1954/'Volume SECTION 5. This ordinance shall take effect upon publication in the manner provided by §10-3- 7 1, Utah Code States, (4) extending authority of any other Department of Treasury personnel to the several States. 68A of the Statutes at Large, and codified as title 26 of the United States Code. Savings statutes have been i Authority of the Intemal Reverie Service, via the Commissioner of Intemal Reveime, is convoluted in place since a eee ee ee) 0 ee ner © te leon eee The Annotated 1953, as amended and all provisions shall be severable so that if any section, clause or term is held regulations, but makes an amount of sense by citing various regulations to the Service and application: Statute set out above is easierto comp are d. Further, the claust of the Commissioner's authority; ‘General procedural mules at 26 CFR § 601.101(a) provide a beginning-poimt: “including trial by jury” relates to a enonnats -assured right, not a remedy, so it should be moved to thr unconstitutional or contrary to law the void character shall not effect any of the remaining portions of this Ordinance. (a) General. The intemal Reveme Service is a burean of the Department of the Treasury under the immediate proper location in the sentence. Finally, the matter of vemie is important as “existing law” is constitutional anc Superintendence of the common law indigenous to the several States. In the absence of legitimate federal law which extends to th PASSED AND APPROVED by the City Council of Milford, Utah this 17th day of September, 1996 by the following| direction of the Commissioner of intemal Revemme. The Commissioner has vote: AYES: MILFORD CITY “anc @%, A Raafel assessment and collection of all taxes imposed by any law providing intémal revenue, The Internal Revetme scveral States, those who operate under color of law, engage in oppression, extortion, etc., are subject to the Service is the agency by which these functions are performed... foundation law of the States. Vee is detennined by the law of legislative jurisdiction. ‘The fact that there are no regulations ext Commissioner of Intemal Reveme, or Department of the Citing “incinding trial by jury” preserves the full slate of due process rights inclnded in Fourth, Fifth, Sixth, ‘Treasury authonity to the several States (26 USC § 7802(a), has greater clarity in the light of the general merging Seventh and Fourteenth Amendments to the Constitution for the united States of America and correspondin, of fianctions vere IRS and other agencies presently attached to the Department of the Treasury. The Provisions in constitutions of the several States, The example represents the class, Cc £ EZ pe } Gok AVL 4 Mary G. Wisemai, Mayor coe Mae _ theo for issuing rules and regulations for the Code at 26 CFR § 301.7805-1, with Bevtich vests the Commissioner with significant independent authority which might be conveyed to IRS, BATF, &§ 7433 (see Parallel Table of Authorities and Rules, beginning on page 751 of the Index volume to the Codi artment af the Tr with respect to powers ext to or affe the of Federal Regulations). Therefore, § 7804(b) preserves rights and determines the nature of civil actions fa ei ae ou at large. Cre eas (eee ae ris coe remedies in the several States. When straightened out, applicable portions of § 7804() read as follows: ‘The link between IRS and the Bureau of Alcohol, Tobacco and Firearms is significant as the tie with the Buresy Nothing in [the intemal Reverme Code] shall be considered to iimpair any right, [inchiding trial by jury], of Intemal Revere, Department of the Treasury, Puerto Rico, is through this door, Reorganization Plan No. 3 ree | ["*"], to recover any internal revemze tax alleged to have been exroneously or illegally assessed o ‘of 1940, Section 2, made the following change; § 2. Federal Alcohol Administration .. The vemme of any such action shall be the same as under existing law. ‘The Federal Alcohol Administration, the offices of the members thereof, and the office of the Administrator are ABSENT: Dunior DAVIS ’ : due process is implicitly preserved by 28 USC § 2463, which stipulates that any seizure courts of the United States with proper jurisdiction. In other words, even if IRS had legitimate authority in th: Again, the Federal Alcohol Adrinistration Act of 1935 was declared unconstitutional several States, the agency would of necessity have to file a civil or criminal complaint prior to garnishment in 1935, and the operation thereafter transferred off shore to Puerto Rico. The name of the Bureau of Intemal Seizure or any other action adversely affecting the life, liberty or property of any given person, whether ; * Published in the Beaver County Monitor September 20, 1996 ee abolished, and their function shall be administered under the direction and supervision of the Secretary of the under United States reverme laws will be deemed in the custody of the law and subject solely to disposition a ‘Treasury through the Bureau of intemal Revenue in the Department of the Treasury. 4 Additionally, note that, (1) actions may issue against bogus assessments as well as collections, and (2) § approval of the‘ Secretary, but there are no cites of anthority for this CFR subpart, whether Treasury Order, 7804(b), unlike § 7433, does not presume that the complaining party is a “taxpayer”. Finally, there is 26 CFR publication in the Federal Register, or even statute cite, In other words, thereis no actual or effective delegation Part 1 regulatory for § 7804 where there are no regulatians published in the Federal Register in suppor Glenn E. Hill City Aanecrieoneder Revemme was changed to the Intemal Revenne Service in 1953 (cite above), then the Burean of Alcohol, Tobacco Fourteenth Amendment citizen-subject of the United States or a and Firearms, a division of the Intemal Revenue Service, was seemingly separated from IRS (T.O. 120-01, June Due process assurances in the Fifth and 6, 1972). Inrelevant part, the order reads as follows: 1. The purpose of this order is to transfer, as specified herein, the fapliee poe oa of one of the several States do not Seizare: without duc process can be equated only to tyranny and barbarian mule. Further, even Plata governing IRS conduct acknowledge and therefore preserve Fifth Amendment assurances at 26 CFR § 601.106(f}(1). and duties of the intemal Revemic Service arising under law relating to Alcohol, Tobacco, Firearms and (1) RuleJ. An exaction by the U.S.Government, which is not based upon law, statutory or otherwise, iS a takiny sives inc jaclding the Alcohol, Tobacco, and Firearms division of the Internal Reveme Service, to the Bureau of property without due process of law, in violation of the Fifth Amendment to the U.S. Constitution cf Alcohol, Tobacco and Fireanns herein after referred to as the Bureau which is hereby established. The Bureau. A an Appeals rep in his or her of fact or application of the Jaw, shall hew t shall be headed by the Directar of the Alcohol, Tobacco and Firearms herein referred to as the Director... the law and the recognized standards of legel construction. It shall be his or er duty to determine the correc 2. The Director shall perform the fimctions, exercise the powers and carry out the duties of the Secretary and the amount of the tax, with strict impartiality as between the taxpayer and the Govemmment, and without favoritisn and the of the followi isions of law: or discrimination as between taxpayers: aie A. Chapters 51 and 52 and 53 of the Internal Reveme Code of 1954 and Section 7652 and 7653 of such code —_ yen officers, agents and employees of United States agencies are assured due Be ia ee insofar as they relate to the commodity subject to tax under such chapters. concemed (5 USC §'5520a), so the notion that IRS has anthority to ae garage Races aie B, Chapter 61 to 80 inclusive to the Intemal Revemie Code of 1954 insofar as they relate to activities the private sector without due process is clearly absurd. In the Sb egies afe Relies the db te administered and enforced with respect to chapters 51, 52, 53. (emphasis added) been deemed to mean trial by jury under rules of the common law indigenous Transfer af functions and duties of IRS to BATF relative to intemal Revemme Cede Subtitle F (chapters 61 people of America are not subject to adrniralty or adnimistrativ caval sroper jurisdiction, clear ju sum, the mandate for due process, meaning initiatives throughju Bs ee Aen isoe to 80)is important where the instant matter is concemed as the anly regulations published in the Federal Register applicable to the several States dre under 27 CFR, Part 70 and other parts of this title relating exclusively to antecedentto imposition of aduuinistratively- fet ae aay or alcohol, tobacco and firearms matters. However, the charade doesn’t end there. In Reorganization Plan No. | of’ - seizures, whether by gamtishment, attachment of 1965 (5 USC § 903), the original Burcau of Customs, createdby Act of Congressin 1895, was abolished and property, or any other initiative that compromises Current Intemal Reveme Code & Intemal Reverme etain thewer ee ee Inaee Treasury Onder published Federal Register of December 15, 1976, the Secretary of the Treasury used something of a slight of hand to confuse matters more by determining, “The term Director, Alcohol, Tobacco, and Firearms has been replaced with the tem Intemal Revere Service.” Poe Osa das RS md BAT aeoe me seme meey operating ih tecane : ama e oe eee Seaieotieal a pnivs of 1939 ‘Are Same Code of 1939 theintemal Reverme Code of 1954, verify thal toRevere 7852 26 USC §§ ‘d7851the &Intemal Coast Code of 1939. Read § 7852(b) & (c), amended in 1986 and since, soy fore read the balance of §§ 7851 & 7852 for fe omprehensi =f Public Notice continued on page 8. |