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Show FRIDAY, NOVEMBER 26, THE DAILY RECORD 1971 PAGE T Financing Statements 275637 - Clark Blair, 239 N Lakeview Dr, Clearfield to Clearfield St Bk; hhg. 275681 - Wm 4673 S 1980 Bk - Rawson & Lund Mtr Co; - Uashintn Blvd, Ogd to Singer Cre Corp; Calculator. , & Trust 275682 703 Box 275641 - Don & Peggy Belnap, 3793 S 5500 W, Hooper to Fid Inds Cre Co; hhg, Guns, Rings. - Grant Equip Co; Maw - Jessen 275645 Mower. to 275686 - Steven Porritt, RFD 2A, Tremonton to Bear River St Gardner Equip; Windrower. 275646 - Dale Anderson, Roose- Bk; - Spencer Bowden, Roos- - Dick Closs, 835 N 900 W, Provo to Ut Nat Off; Sec Ag. Boat, Mtr, Trlr. to Gardner Equip; Windrower velt 275647 - Cmpr. 275649 - Wayne W Butterfield, N 250 W, Herriman to Century 275692 73 Inc; Baler. Co - Jones Baler. Fk; 275650 Am CT, 264 W 1st S, - Allen Ferris & Sons, Tremonton to Taylor Farm Ser; 275651 - Roberts LaMayne, Rt 2, Tremonton to Taylor Farm Ser; Baler. 275652 275653 - Allen F Totten, 2587 4900 S, Roy to Clover Club W Fed Empl CU; - 275665 Ogd - Miya Bros, 656 35yh St 275667 Trctr. - Jeffrey Frost, Monti-cel- lo to Monticello Off; Tractor - 275668 RFD Box Roy 146, & Am - Arnold W & 275670 - Ruth B Smith, 5224's 2200 W, Roy to Com Cre Plain Inc, Piano, hhg. Appli. 42 W Co of 275672 - Jack Tamara Allshouse 1200 N, Orem to Ut Fin Provo; Sec Agree hhg. - & Community Press, - Elwin Ina Jean H 1st E, Richmond & Andersen, 211 to Farmers Home Admis; Property. S Lomond; - Austin Fleming, 5110 E to W, Roy Bk of Ben Organ. 275700 - Jhan 5750 S, Roy Dec. K to W 275702 - Bruce Hansen, 2587 Bk of UT; Tape 315 Wallace, Wall, Ogd to Dunkley Music; H Organ. 5600 i Univ Av, Provo to Empire Litho Sup; Zenon, Gevaproffa, 175679 - Daniel L & Thelma L whacker , 36 S Vernal Av, Vernal :o Utahn Saddle Co; All inventory '75680 - Ronald Kent Boren, 466 g 13800 S, Draper to Draper Bk & rust Co; Cmpr, Trlr, Stereo, TV. 275704 - Angelo & Joy Bera, Castle to The Helper St Bk; House. - Willard Mathisen, Neol to Sullivan's; TV, Furn. 275705 275706 - George & Kathy Adams 340 S 700 W, Provo to Zlons First - Cecil LeRoy Harrison, State St, SLC to Valley Trust Co; Equip, Inventory 275708 Bk & S 275711 - Burgess Const Co; P0 eber City to Wheeler Tractor, Scraper, Box 247, Mach Co; livestock. e in Section petition 17-9-- 7." Then follows a statement of what the contents of such petition shall be. The petition is to be presented to the board of county commissioners and filed with the clerk of said board. Section provides: 17-9- -3 county petition is presented to the board ofsuch board, filed in the office of the clerk of such a and for upon time the board shall set hearing place "When such commissioners and Notice of the hearing shall be published in a newspaper for three successive weeks in a newspaper published in the county or if no newspaper notice shall be posted in three public places for 15 days. The statute prescribes the contents of the notice and that any taxpayer within the proposed district may appear at the hearing and offer objections to the organization of the district, its boundaries or the inclusion or exclusion of any real property therein or therefrom. once a week provides that at the hearing the board of county commissioners shall hear the petition and all competent and relevant evidence in support or in objection thereto. The board may change the boundaries and shall determine whether such Section 17-9- -4 fire protection district should be formed, fix the boundaries such and enter determination upon the minutes of said thereof amended L. 1965, provides that after Section the board may either adopt an boundaries determining the 17-9- -5, ordinance creating the district or the board may call an election to determine whether the district is to be organized. The statute prescribes the form of the ballots, the conduct of the election, canvassing of the votes cast, and the forming of the district shall be final if no appeal shall be taken as It thus appears that the legislature has prescribed a definite creating a fire protection district and has minutely outlined the method by which that result may be accomplished. The question submitted involves the question whether one of the steps thus outlined in the statutes, namely the promethod of filing of curement and of taxpayers, may a petition signed be dispensed with proceed to organize Nat Bk; Cmpr. 275707 - Jay & Betty Ann Thompson, 4857 S 2800 W, Roy to Am Fin Corp; hhg. 1365 be proposed by a may board. All, Swather, Mtr. Lorraine Vert, 115 E 1200 N, Orem to City Fin Co; Sleeper. 275671 275697 275703 to City Fin Fk RFD Box Thrift - Tonioli Martell, RFD Bos 274, Tooele to Ogd Implement Co, Inc; Combine, Picker, Mix Judy Robinson, Co; hhg. 275669 Co; Evolee PeterDr, 4, Bntfl hhg. & Gary Cre; Gun, Pistols, Bull. Miya to Foulger Equip L 275695 - Robert Droubay, 127 Tooele to Mur First & Ln Co; Livestock. 275698 S 2175 Mobile Home, hhg. Bros, 656 35th St Ogd to Foulger Equip Co; Loader. 275666 - son, 997 Chapel to Dial Fin Co; 275696 - Bruce & Albina Hall, 6085 S 2700 W, Roy to Interlake Plow. Trlr, James Bott, 439 Santaquln to Ut Nat Off; S 2 W, Gardner Equip; Baler. Equip - Ferral 275689 Olsen, Neola to Evan Spreader. fire protection district more dis...a hearing on such petition and election shall be deemed enter commissioners shall pensed with and the board of county as provided such district fire order protection its incorporating 275688 evelt to Gardener Equip; Windrower, Baler. 275648 . U.C.A. 1953, provides: 17-9- -2, of the holders of title of real of per cent or of title within the boundaries evidence or documentary property names appear as such upon the whose of such proposed district, such last county assessment roll; provided, however, should or title documentary petition be signed by all of the holders of such boundaries of the within proposed district of evidence title twenty-fiv- 275685 - Owen E Hess, Box 95 Rt 2, Tremonton to First Sec Bk; Baler. AW, Mt Home "A Harvester. Smith, Kaysvl B Section - Kan Horite, Deweyvl to Elder Cnty Bk; Windrower. 275684 - Wayne Holmgren, 460 N 3 E, Tremohton to First Sec Bk; - Chris Sorenson, Mt Pleasant to Am Nat Bk; Cmpr. to Con Co; PU, Cmpr. Att. Corn State of Utah ' Hendrlcksen, Taylorsvl to 275683 Box 275643 275644 Ann W, - John Tanaka, Honeyvl to Elder Cnty Bk; Harvester, 275640 Row & .Office of the Attorney General a district on and its by the requisite number the county commissioners motion. own is the following: In 20 C.J.S., Sec. 87, p. 850, "It is well settled that a county board possesses and can exercise such powers, and such powers only, as are expressly conferred on it by the constitution or statutes of the state, and such powers as arise by necessary implication from those expressly granted, or such as are requisite to the performance of the duties which are imposed on it by law." To the "Counties." same A effect is great many Jur. 2d, Sec. 194, p. 246, cases are cited in support of this 36 Am. proposition. It districts follows that the power to create must be found in the statutes fire protection referred to. As is it held, as stated above an incident to the exercise of such power in 20 C.J.S., Sec. 87, p. 858, "The legislature may prescribe the methods for exercising the constitutional and statutory does prescribe the jurisdiction of county boards, and where mode of procedure, the rule is exclusive of all others and must be followed." it In Faucher v. Board of Comr's., 210 P. 237, 28 iiii 6 fo.Deep umfahecbqeHuiteMecUui, ifiu'ie, ifdhkwCj ofji&pbm, thi--h. (fait &atM.And tkendi (aid&fdhUiK N.M. 174, the court held that the county commissioners had no power to contract with a private party for making an index of the title records on file in the county clerk's office where the statute required the clerk to keep a record of the land titles. It quotes from 2 Lewis, Sutherland Stat. Const., p. 919, as follows: authority is given to do a particular thing and of doing it is prescribed, it is limited to be done in that mode, all other modes are excluded." The court further states: "The rule of law thus made applicable is that the leg islature may prescribe the method of exercising the jurisdiction of the board of commissioners, and where it prescribes the mode of procedure the rule is exclusive of all others and must be "Where the mode i , 1 r ' . - 'i- cojtpiiood 'Dovnugmii4 A TmANm 19M i T hrtSRrity Me Ml m hi M - CMTMM tm Hn M NMi I V followed." The court denied recovery for the outside firm. work done by the In State v. McEachern. 166 So. 36, following rule: Ala. 609, is the 231 general or unlimited jurisdiction is not specifically conferred on the court of county commissioners, its powers are special and limited by the grant, and its proceedings must "When i pjte 6 FIVE |
