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Show 1 OJEfML i mmm J kl SOI I I ION ll--U kl M II I I ION .ippro'.in .!'.! : ' :r i I ! the c X trillion ! :, In'.-:!.- .il (' pcr;itiin i - iii t'i .i joint or in-. in-. ! i' r. .i. lion v. ii h other , : '.. i . ' 1 1 n- in I J.r. is Coun-: Coun-: ..,'! I i l.' iimii. lament 'A III Kl S, pui viifil to au- ' ! I i' li ill i. n! ,H ncil in the I : i'i V, ,i ,rc M.m.iKc- i .it V I, IV ( ii ol WooK ' i . . I 'he "( ity ") is .nilho- I to pnr.ulL- solid waste ri.'-nl l.u ihhes ami is . 1 'p 'i i'-i I to enter into inter 1 i! . i er.iiion ,ii.-'reenii-nts ii .!!,.( n.l il entities f 1 1 r - "'i 'o Hie I I. ih Inletloeal 1 1 ' 'I ' i i'ioii Av.1 to piov ule or In opn ite solnl wasle- hi n-eiiirni l.nililit-v, ami S III- Kl- Iheie has been r . . -1 1 1 -1 ) to tins uly council I i ippr o-, al all I nlei local ( o- - ,..'1 ii inn Air rccnicnl be- i - .-. n the ( il', ainl other pub-'. pub-'. i .! I les III I lav Is ( 'oilllty til ule I'M sohil waste nian- inenl l.u ihlies; ami II I l( I- S, il is novc de-i de-i - I lo appose the participa-h participa-h ii ol the City in the solid i le in inai'i-inent project lor i ) i' r. ( mini y tlesci ihed in the il ( o Operation I. - in. .. .mil to aulhiirie i a- M r, or lo execiile ami the i r . I' -i i h tier In attest and mi' M.-ii the Interlocal Co-"i.ii Co-"i.ii AL'teenient on be-. be-. .. the City; OW, llll KH OKK, lie It . 'Kid In the City Council itii. i il ol Woods Cross, is ' o i nt y , Utah, as fol- i linn I . I li.it '.he participa- i mi ol tin- I ity in a joint or o i ip.-i iii i- action lor a solid i .le man icemen! project in i 1 n is t on nt v , 1 1 tiili pursuant ' i the In ins and provisions ol Intel lin al Co-Operation vi.ieeinenl (the "Agree-in. "Agree-in. nt " I, in substantially the loi in atl.K lied hereto as l-'.x-tulal and made a part hereof, is heieby approved. Section 2. That the Mayor of the t itv is hereby authorized M i scenic and the City Recor-Ici Recor-Ici ol the City is hereby autho- ii i d lo atlest and countersign, die A itieemenl on behalf of the Cn Snti.ni . That, tins resolution, resolu-tion, including the Agreement, .'i ili be pnbh .lied immediately one lime in I la vis County C'lip-l C'lip-l i , a newspaper published in 1 ouniiliil. I't.ih. and of general gener-al i u dilation in the City, in .ii c i il.iiu c with the provi-si,m;m. provi-si,m;m. Section I I-IC20, Utah i od unotated 19t and of N. t ". n 1 of the Agreement. I oi ,i period of thirty (.'111 days l oin the date of such publica-!ion publica-!ion jih pei son in interest shall li iu- the tight to contest the '.c-m'uv of this resolution. Af-ti'i Af-ti'i mi.Ii time no one shall hav e am i.nise of action to contest the i e;uil.u ity, formality or leg-aht leg-aht of tins resolution. Se t ion 4. That this resolution resolu-tion shall take efl'ect immcdi-.' immcdi-.' c' upon its adoption. 1' SS1 i AND ADOPTED b t1 v t'ltv Council of the City o1 V. ,vds Cross, Davis Coun-; Coun-; . . I i.'h this sth day of De-i,-irt'r. 0(S. I VNKFNCF. W. I RRV Mayor V,cv '.i'i r. i ow Cit Kccorder KMIIHIT A IN I 1 R I OC AL CO-CI-I a TION AGREEMENT i ok join r or coon co-on !s 1 1 E ACTION TO TSO IDE EOR THE ! 1 N C I N G O E THE :x W IS SOI ID WASTE V i : V! !' PROJECT '. AGREEMENT en-v.i en-v.i iiko effective the 1 3th day uf February, 1 'H2 . by and among the following political subdivisions of the State of Utah, including cities and a county, (hereinafter called "public agencies") situated in Davis County, State of Utah: Davis County (the "County") Bountiful North Salt Lake Woods Cross West Bountiful Ccnterville larmington I-nut Heights Kaysville I.ay'on Clearfield Sunset Syracuse Clinton West Point South Weber WIIM SSF.IH: WHEREAS, the public agencies which are a pai'y hereto have determined that construction of solid waste management facilities is necessary in Davis County in order to protect, preserve and enhance the environment within their respective jurisdictions; juris-dictions; and WHEREAS, pursuant to the authority granted in the L'tah Solid Waste Management Manage-ment Act (Chapter 32 of Title 26, L'tah Code Annotated 1953, as amended), the governing gov-erning body of a public entity constituting, among other things, municipalities and counties, may provide solid waste management facilities (1) to handle adequately solid waste (2) generated or existing (1) "Solid waste management manage-ment facility" means any facility facil-ity employed for solid waste management, including, but nut limited to, transfer stations, sta-tions, transport systems, baling bal-ing facilities, landfills, processing proces-sing systems, including resource re-source recovery facilities or other facilities tor reducing solid wasic volume, plants and facilities for compacting, composting com-posting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities. Section Sec-tion 26-32-2(2) of the Utah Solid Waste Management Act. (2) "Solid waste" means all putrescihle and nonputrescri-hle nonputrescri-hle materials or substances discarded dis-carded or rejected as being spent, useless, woithless or in excess to the owner's needs at the time of discard or rejection, " including, but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, facili-ties, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction con-struction debris, discarded automobiles and offal, but not including sewage and other highly diluted water carried materials or substances and those in gaseous form. Section 26-32-2(1) of the Utah Solid Waste Management Act. w ithin or w ithout its jurisdiction, jurisdic-tion, and may enter into long-term long-term interlocal agreements having terms of more than five but less than fifty years with other public entities, with public pub-lic agencies as defined in the Interlocal Co-operation Act (Chapter 13 of Title 11. Utah Code Annotated 1953, as amended), with private persons per-sons or entities, or any combination com-bination thereof, to provide for or operate solid waste management manage-ment facilities; and WHEREAS, pursuant to the provisions of such Interlocal Inter-local Co-operation Act any pow er or pow ers, privileges or authority exercised or capable of exercise by a public agency of this state, such as those cited hereinabove in this preamble, may be exercised and enjoyed with any other public agency of this state having hav-ing the power or powers, privileges pri-vileges or authority; and WHEREAS, it 'is the purpose pur-pose of the Interlocal Co operation Act to permit local governmental units to make the most efficient use of thcir powers by enabling them to cooperate co-operate w ith other localities on a basis of mutual advantage and thereby to provide services ser-vices and facilities in a manner and pursuant to forms of governmental gov-ernmental organization that will accord best with geographic, geog-raphic, economic, population and other factors influencing the needs and development of local communities and to provide pro-vide the benefit of economy of scale, economic development and utilization of natural resources re-sources for the overall promotion promo-tion of the general welfare of the state; and WHEREAS, any two or more public agencies may enter en-ter into agreements with one another for joint or cooperative co-operative action pursuant to the Interlocal Co-operation Act including joint ownership and operation of any one or more facilities or improvements improve-ments which they have authority author-ity by law to own individually and for the joint acquisition by gift, grant, purchase, construction, con-struction, condemnation or otherwise of any one or more such improvements or facilities facili-ties and for the extension, repair re-pair or improvement thereof.; WHEREAS, the public agencies which are a party hereto have determined that entering into this agreement is the most efficient use of their powers to provide for solid waste disposal and resource recovery; NOW, THEREFORE, it is agreed by and among the parties par-ties in consideration of the mutual promises herein stated, as follows: 1 . Purpose of agreement. It is the purpose of this agreement for joint or cooperative coopera-tive action to provide for and facilitate the financing of solid waste management facilities (3) see footnote (1), in Davis County which shall be known as the Davis Solid Waste Management Man-agement Project (the "Project" "Pro-ject" or "joint or co-operative undertaking"). 2. Duration of agreement. The duration of this agreement agree-ment shall be fifty (50 years, but this agreement shall be renewable re-newable thereafter on such terms and conditions permitted permit-ted by law, which conditions shall be mutually satisfactory to the public agencies party hereto. However, this agreement agree-ment may be terminated by mutual agreement as provided in Section 7 hereinafter. 3. Provision for a joint board responsible for administering the joint or co-operative undertaking under-taking and the precise organization, organiza-tion, composition and nature of such administrative entity, together with the powers delegated dele-gated thereto. The joint or co-operative undertaking of the parties hereto shall be administered and managed by an administrative administra-tive body, hereby created to perform the joint functions of such co-operative undertaking (the "Board"). A majority of such governing body of such entity shall be constituted by appointments made by the governing bodies of the public agencies creating the entity, as follows: (1) One person selected and appointed by the Board of County Commissioners of Davis County; (2) Fifteen persons respectively respec-tively selected and appointed by the governing body of a city which is a party hereto; Such appointees shall serve at the pleasure of the governing gov-erning bodies of the creating public agencies, which shall appoint successors to such appointees in the event there is a vacancy on the Board. Each public agency reserves the right to remove its representative representa-tive on the Board at its own discretion. An organization meeting shall be held in the Davis County Courthouse on January Janu-ary 21, 1982, at 4: 15 p.m. by all parties hereto at which the Board shall select a chairman from among its members by majority vote. The Chairman so elected shall hold office un- til his successor is elected at the next succeeding annual meeting of the Board, which shall b held w ithin tw o w eeks of January 15 in each year commencing in 1983. At the first annual meeting of the Board in each year commencing commenc-ing subsequent to the execution execu-tion hereof, the Board shall select a chairman from among its members by majority vote. The Chairman so elected shall hold office for a term of one year commencing with the dute of such election and ending en-ding on the day his successor is elected. The Board shall be responsible responsi-ble for the administration of the joint undertaking. 4. The manner of financing the joint or co-operative undertaking. under-taking. Each party hereto may withdraw from this Agreement at its option at any time prior to the execution of the Waste Disposal Contract and the issuance of the bonds to finance fi-nance the Project. a. Obligation of the Lssuer. As agreed upon by the Parties hereto, the Board shall designate a member entity to undertake under-take to issue its revenue bonds (the "Bonds") pursuant to law for the purpose of defraying the cost of financing and acquiring ac-quiring the Project and to sell, lease or otherwise other-wise dispose of the Project Pro-ject to any private person, per-son, firm, partnership or corporation (an "equity owner") engaged in business for a profit, all upon such terms as shall be approved by the Board. b. Obligations of municipalities. To provide security for the Bonds, the parties par-ties hereto hereby agree to supervise and regulate reg-ulate the collection, transportation and disposition dis-position of all solid waste generated within their respective jurisdictions jurisdic-tions (including any territory ter-ritory annexed thereto in the future) as authorized autho-rized by the Solid Waste Management Act. In order to exercise their statutory power to control con-trol the right to collect, transport and dispose of all solid waste generated within their jurisdictions, jurisdic-tions, the parties hereto shall: (i) require all private collectors operating within their jurisdictions to obtain licenses and require re-quire by ordinance and-or and-or as a condition of obtaining such license -that all solid waste generated gen-erated within their respective re-spective jurisdictions (including any territory annexed thereto in the future) be delivered to the Project, which requirement re-quirement shall be in effect prior to the issuance of Bonds and remain in effect for so long as any Bonds are outstanding or until provision pro-vision has been made for the satisfaction of such Bonds; (ii) deliver all solid waste generated within their respective jurisdictions jurisdic-tions (including any territory ter-ritory annexed thereto in the future) which they collect, to the solid waste management facility or other facility comprising part of the project pursuant to the terms of the Waste Disposal Dis-posal Contract, which agreement shall be authorized au-thorized and executed prior to the issuance of Bonds, and shall remain in effect so long as the Bonds are outstanding or until provision has been made for the satisfaction satis-faction of such Bonds. 5. The manner of establishing estab-lishing and maintaining a budget for the joint or cooperative co-operative undertaking by the Board. The Board shall prepare and recommend to the parties par-ties hereto for approval an annual budget of the administrative admi-nistrative expenses of the Board. 6. The manner of acquiring, acquir-ing, holding and disposing of real and personal property used in this joint or cooperative co-operative undertaking. All lands or rights in land required or necessary for the Project may be acquired with bond proceeds and administered, held and disposed dis-posed of as part of the Project. Pro-ject. Provision for joint ownership of land or other facilities necessary for the successful operation of the Project may be made by subsequent amendment to this agreement. 7. The permissible method or methods to be employed em-ployed in accomplishing the partial or complete termination termina-tion of this agreement. This agreement may be completely terminated upon mutual assent of all parties hereto at such time when all bonds or other obligations issued for acquisition ac-quisition and construction of waste management facilities faci-lities are no longer outstanding out-standing or when provision has been made for the satisfaction satis-faction of such bonds or other obligations. 8. The permissible method or methods to be em-plus em-plus ed for disposing of property prop-erty upon termination of this agree mtnt. Upon termination of this Agreement, property shall be" disposed of as provided in the documents relating to the financing of the Project, whether an indenture or otherwise; provided, however, that the Board shall determine the manner in which any moneys remaining re-maining in funds created pursuant to any financing documents shall be distributed distri-buted when no Bonds are outstanding or provision has been made for the satisfaction satis-faction thereof. 9. Approval of agreements agree-ments by authorized attorney. This agreement shall, prior to and as a condition precedent to its entry into force, be submitted to an authorized attorney who shall approve the agreement agree-ment if such attorney determines deter-mines that it is in proper form and compatible with the laws of this state. 10. Adoption of appropriate appropri-ate resolutions. The governing bodies of the participating public agencies shall adopt appropriate resolutions approving such agencies' participation herein, which adoption is necessary before be-fore this agreement may enter en-ter into force. 11. Filing of agreements. Prior to its entry into force, this agreement shall be filed with the keeper of records of each of the public pub-lic agencies party hereto. 12. Publication of Resolutions Resolu-tions or Contracts. The governing body of each party hereto shall provide pro-vide for publication of: (1) the resolution approving this agreement agree-ment adopted by such governing body pursuant pur-suant to Section 11-13-5 of the Interlocal Cooperation Co-operation Act and Section Sec-tion 10 hereof, (2) any contract authorized' au-thorized' by such governing gov-erning body to be entered en-tered into hereunder (including (in-cluding without limitation limita-tion and service agreement agree-ment referred to in Section Sec-tion 4b (ii) hcicofi, and (3) the resolution or resolutions authorizing such contract or contracts con-tracts pursuant to Section Sec-tion 11-13-17 of the Interlocal In-terlocal Co-operation Act and Section 4b (ii) hereof, in a newspaper published within the municipality, or if no newspaper is so published, pub-lished, then in a newspaper news-paper having general circulation cir-culation therein. As provided pro-vided in Section 11-13-20 of the Interlocal Cooperation Co-operation Act, for a period of thirty days after af-ter such publication any person or interest shall have the right to contest the legality of such resolution re-solution or contract and after such time no one shall have any cause of action to contest irregularity, irregu-larity, formality or legality leg-ality thereof for any cause whatsoever. IN WITNESS WHEREOF, the parties have here caused this agreement to be executed by their respective authorized officers to be effective on the date first above stated. CITY OF WOODS CROSS, UTAH By Laurence Urry Mayor Attest and Contersigned: Alan T. Low Recorder Published in the Davis County Clipper on Jan. 13, 1982 Issue No. 52 C-540 NOTICE TO CREDITORS Estate of DENV1L CLIFT MULLINS, Dec"send:esent Creditors will Pr"e"' claims with vouchers to the undersigned Personal Repre sentative of t he abov dc dent's estate at 211 tas . South. Suite 219. Salt Lake . cuv. uil. 841 11. on or before the 13th day of April. 1 Claims must be presented in accordance with the provi-ion provi-ion o the Uniform Probate " Code Utah Code Annotated 7S 3 801, et. seq. (1953). and with proper verificat.on as: required re-quired therein or be torevtr barred. SHERRY ANNE ROMERO Personal Representative of the Estate of Denvil Clift Mulhns. Deceased. Tom Jones. Attorney Suite 219 "M10 East, 300 South Street Salt Lake City, Utah 84111 Published in the Davis County Clipper iiiqsp First publication Jan. 13. 98-Last 98-Last publication Jan. 27, , 1W-Issue 1W-Issue No. 52 --545 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held in the Farmington City Municipal Municip-al Offices at 286 South 200 East on February 3, 1982. at 7.15 a.m. to consider the advisability advisabil-ity of rezoning the following property from R-S to R-5. Legal Description Beginning at the SW Corner Lot 4 Grass Valley Val-ley Acres Subdivision which is S 89 degrceT 44'20"W 1803.48' al0); the section line an, south 924.48' from the ' corner section jj Township 3 north Range 1 east.S.L.B.M running thence N O h. grees 3U39" W I69.f along the west hne .-said .-said subdivision, then--west 541.27' more o-less o-less to the east right 0-way 0-way of the state fronts road (1-15), then-southerly then-southerly alons 5659.58 foot radV curve to the left 354 L.C. bears S 4 degrcr 34'37" E 354.46' aU said R.O.W.. thence i 51 1.63' to a point 1105.5' and E 844. from the NW cornet section 30. thence 16.76' to the SW corn; of Lot 3 Grass Valle . Acres, thence N 0 it grees 31'39" V to the point of beginnin; Owner of the propert tioned for rezone hearir Wendell D. and Glenn-. Leavitt. Location of the-erty the-erty is 511 South, ! 1 1 v e. Farmington. Utah, DON G. MORc Reco-. Published in the Davis Co Clipper First publication Jan. 13. . Last publication Jan. 20,'. Issue No. 52 ( No Response "Tenshun!" No response from the cruit. "TenSHUNI!" "See here you, I said a tion!" 1 "But, I am at attention, jor, It's this uniform thai , ease." 1 |