Show SOLUTION RESOLUTION A IU RESOLUTION SOLUTION SETTING FORTH AND D DECLARING THAT THE Tm PUBLIC HEALTH AND ANI NECESSITY REQUIRE TilE THE CREATION OP W A PURPOSED IMPROVEMENT DISTRICT IN UINTAH COUNTY TO BE KNOWN AS TilE THE BALLARD WATER IMPROVEMENT DISTRICT AND ANI PROVIDING FOR FOIL PUBLICATION OP or NOTICE OF 01 INTENTION TO 10 ESTABLISH SAID I DISTRICT PRESCRIBING THE TilE FORM OF OP SUCH NOTICE AND ANDI I DEFINING THE TIIE BOUNDARIES BOUN BOUN- DAiliES DARIES AND AREA AND THE PURPOSE OP or SAID BALLARD WATER IMPROVEMENT L DISTRICT AND FIXING TilE THE TIME AND PLACE OP OF HEARING BEARING FOR Ion ALL INTERESTED PERSONS TO BE DE HEARD RELATIVE TO THE TIIE CREATION OP Of SAID DISTRICT CT WHEREAS AS the Board of County Commissioners of Uintah County State Slate of Utah in regular meeting assembled this day of January 1974 upon Its own motion and upon written request having heretofore submitted by more than twenty- twenty five percent 25 percent of the owners of real property embraced embraced embraced em em- braced within the proposed improvement district and pursuant to the provisions of Title 6 Chapter 17 Utah Code Annotated as amended is authorized to provide for the establishment and creation of a awater awater awater water and sewer improvement district to be located and situated in Uintah County Utah NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS COMMISSIONERS COM COM- MISSIONERS OF TIlE THE COUNTY OF UINTAH STATE OF UTAH Section 1 l That the public health safety safely convenience and necessity require the creation of a water and sewer improvement district within Uintah County Utah having and embracing the following described area included therein Township 2 South Range Hange 1 West Uintah Special Meridian Section 1 South half of South half Section 2 half of South half Section 3 All of South half of the Southeast quarter lying and situa situated ted within Uintah County Section 10 All of Section 10 lying and situated in Uintah County Section 11 All AIl Section 12 All AlIJ Section 13 All Section 14 All Ail i Section 15 All lying g gand and situated in Uintah County Section 22 All lying and situated in Uintah County Section 23 All AI j Section 24 All Section 25 All i Section 26 All Section 27 All lying and situated in Uintah County Section 34 All lying and situated in Uintah County Section 35 All Section 36 All Township 2 South Range 1 East Uintah Special Meridian Section 5 South half of Southwest quarter Section 6 South half of South half Section 7 All Section 8 West half Section 17 West Vest half Section 18 All AlIJ Section 19 All i Section 20 West half Section 30 All Section 31 All Section 2 The name of the proposed district shall be BALLARD WATER IMPROVEMENT DISTRICT Section 3 The Ballard Water Improvement District is to be created for the purpose of securing and acquiring for the residents of said district a supply of culinary water through the acquisition construction purchase condemnation condemnation condemnation con con- or any combination thereof of a system for the supply distribution and treatment of water with any and all necessary pipelines laterals tanks or facilities appurtenant thereto to be operated by the said district Section 4 All of the area included within the above proposed district is located and situated within the boundaries of Uintah County Utah and none of the area proposed to be included d in said Ballard Water Improvement District is Included included included in in- in or is part of any other Improvement district created under the provisions of the above referred to statute to to- wit Title 17 11 Chapter 6 e Utah Code Annotated as amended Section 5 It is proposed that said Ballard Water Improvement District shall be vested d with all of the rights privileges and prerogatives of any water and sewer improvement district organized and shall be subject to all the limitations obligations and restrictions set forth in the to above mentioned mention l' l t statute now provided pro for or as may hereinafter be prescribed by bylaw bylaw law Section 6 It is proposed that as soon as possible the District acquire a complete and adequate ate water works system sufficient to provide potable water for domes domestic Uc and culinary purposes and additional water for the residents and inhabitants of the land within said aId district In accordance with the engineering studies in connection therewith Section 7 The estimated cost of ot the water works system improvement proposed to be constructed by the Ballard Dallard Water Improvement I District Is approximately of which sum it Is expected that a grant aid can be obtained for ha half If of the above sum Section 8 It Is proposed that tha t of the total estimated cost of the water system the sum of approximately willbe will willbe willbe be derived from connection charges levied and established by the district It is proposed that the sum of approximately of the estimated cost of construction shall be raised by the issuance of the l Districts District's General Obligation Bonds such bonds to be payable from revenues of the District derived from the operation of Its water facilities a part of said revenue being pledged for tor the purpose of paying said bonds or In the alternative from general taxes It is proposed and estimated that a in grant-in-aid will be obtained in the sum of for the construction of the proposed water works facility In the event that such in grant-in-aid is not secured it is proposed that the District have power and authority to issue such of its bonds as may be necessary payable either from revenues or from general taxes to and enable the construction of the water works system contemplated Section 9 It is proposed that tha t Ballard Water Improvement District be governed by a Board of five 5 Trustees That until the election and qualification of said Board of Trustees that the County Commissioners appoint an interim board of trustees as provided by bylaw law Section 10 The Board of County Commissioners of Uintah County State of Utah will meet in official meeting at atthe atthe atthe the Uintah County Building on Tuesday February 25 1974 at atthe atthe atthe the hour of o'clock pm p.m. such time being not more than forty 40 nor less than twenty- twenty one 21 days after the first publication of the Boards Board's Notice of its intention to establish the Ballard Water Improvement District at which time all interested parties may appear before the Board of County Commissioners and be heard either in support or in opposition to the creation of said proposed district Any taxpayer within the said proposed district may on or IJ before fore t aid date of hearing above nt mentioned protest against the establishment of said district in writing signed by taxpayer which protest shall be filed with the Clerk of Uintah County Any written protest may indicate indica te the reason for the protest for example that the protestants property should be excluded from the district as it will not be benefited by the proposed improvements Written protests shall be filed in the manner provided by Section 1763 1763 17 6 3 Utah Code Annotated 1953 as amended and all laws thereto enabling Section 11 The County Clerk of Uintah County Sta State te of Utah shall on behalf of the County Commissioners give notice of the Boards Board's intention to establish the Ballard Water Improvement District by publication in the Vernal Express a newspaper in general circulation in Uintah County once a week for three successive weeks by four weekly publications the first publication to be not less than twenty twenty one prior to the date set for the hearing nor more than twenty eight 28 days prior thereto Such notice shall be in the following form Form of Notice NOTICE OF INTENTION J TO CREATE MALLARD BALLARD WATER IMPROVEMENT 1 DISTRICT IN COUNTY COUNT STA STATE TI OF Or UTAH UTAI I PUBLIC NOTICE IS HEREBY GIVEN TO ALL ALLI I INTERESTED PERSONS that the Board of County Commissioners of the County of Uintah in the State of Utah by resolution duly passed and adopted the day of January 1974 declared that the public health convenience and necessity require the creation of an improvement district and thereby defined the boundaries thereof and the purposes for which such district is proposed to be created which resolution isnow isnow is isnow now on file at th the office of the Clerk of said solid County in the County Canty Building in itt Vernal Venial Utah and is available for public inspection Said It resolution solution states in part Set forth in full lull at this point in said published notice Sections 1 I to 10 inclusive of this resolution i. i BY Om ORDER H OK 01 the Board ot of County Commissioners of the County ot of Uintah in to the State ol ot Utah dated this day of January 1974 1914 at Vernal Utah THE TIIE BOARD OF m COUNTY COMMISSIONERS OP or UINTAH COUNTY STATE OF or UTAH D By County Clerk End of Form of Notice Section 12 That the officers of the County of Uintah Utah be and they hereby are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution Section 13 That If any anyone one or more section sentences clauses or parts of this resolution shall for any reason be questioned or held invalid such judgement shall not affect impair or invalidate the remaining provisions of this resolution but shall be confined in its operation to the specific sections sentences clauses or parts of this resolution so held unconstitutional and invalid and the inapplicability and invalidity of any section sentence clause or part of this resolution in any anyone one or more instances shall not affect or prejudice in any way the applicability and validity of this resolution in any other instances Section 14 That all resolutions by laws and regulations of the County of Uintah in the State of Utah in conflict with this resolution are hereby repealed to the extent only of such inconsistency This shall not be construed to revive any resolution by law or regulation or part thereof heretofore repealed Section 15 That by reason of the fact said County is not properly or adequately supplied with water facilities it is hereby declared that an emergency exists that this resolution is necessary to the immediate preservation of the public peace health and safety and that it shall be in full force and effect fifteen days after its passage or the day following its publication tion whichever day is later Section 16 That this resolution immediately on its passage shall be published for forat forat forat at least one publication in THE VERNAL EXPRESS a newspaper published and having general circulation in Uintah County Utah Dated this day of January 1974 1914 Commissioners voting MELVIN J. J BURKE aye WARREN D D. D RICHARDSON aye ORLAN COOK aye |