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Show New Utah - Thursday, November 4, 2004 -Page 10 f From American Fork City f-r:ii Notice of intent to vacate a portion of a street right of way and hearing Notice is hereby given that American Fork City will hold a public hearing on November 23, 2004, at 7:00 p.m. in the City Hall, 31 North Church Street, for the purpose of receiving of public comment regarding the vacation of a street right-of-way at approximately- 475 North 1000 East (unimproved) (unim-proved) described as follows: Commencing at a point which is located East 492.11 feet and North 766.02 feet from the West Corner, Section 18, T.5.S., AF adopts inattentive driving law ORDINANCE NO. 2004-10-45 AN ORDINANCE AMENDING THE CODE OF THE CITY OF AMERICAN FORK, UTAH, TO PROVIDE FOR THE OFFENSE OF INATTENTIVE DRIVING; DRI-VING; AND ESTABLISHING ESTAB-LISHING AN EFFECTIVE EFFEC-TIVE DATE. WHEREAS, motorists, residents, law enforcement officials, offi-cials, and City officials have ' made andor received numerous complaints about operators of motor vehicles, both within and without of the jurisdictional boundaries bound-aries of American Fork, who commit traffic offenses while distracted; and WHEREAS, with regards to such vehicle vehi-cle operators, the complaints often indicate indi-cate the use of tele- phones, hand radios, and computers; tactile (physical) operation of audio or sound systems; sys-tems; reading handheld hand-held materials (including (includ-ing maps); eating andor drinking; observation of video displays within the vehicle being operated; operat-ed; attention to personal per-sonal hygiene; physically physi-cally attending to passengers pas-sengers of the driver's vehicle; andor sleeping sleep-ing or dozing while driving; and WHEREAS, recent studies in the country, including one conducted con-ducted by researchers at the University of Utah, have specifically found that the use by drivers of motor vehicles, vehi-cles, of cell phones (including hands-free cell phones), leads to increased "attention blindness" and "operator "oper-ator impairment" by such vehicle operators; opera-tors; and WHEREAS, it is believed by law enforcement personnel person-nel and the City Council Coun-cil of' American Fork that motor vehicle accidents could be significantly reduced andor mitigated in this City if the operators opera-tors of motor vehicles within the jurisdictional jurisdiction-al boundaries of this City were encouraged (a) to refrain from driving andor (b) . to take increased precautions while driving when distracted; and WHEREAS, it is further believed that the imposition of a fine on inattentive drivers who commit moving violations viola-tions (punishable under State law andor local ordinance) provides pro-vides such encouragement encourage-ment without being overbroad or negatively negative-ly impacting individuals individu-als who do not violate traffic laws while committing com-mitting an act of inattention, inat-tention, as hereinabove herein-above described; and WHEREAS, the City Council of American Fork City finds and has determined that it is prudent and in the Public notice Advertising Protects Your Right to Know R.2.E., Salt Lake Base & Meridian. Thence North 8513'00" East 423.69 feet; Thence South 312'45" West 60.58 feet; Thence South 8513'00" West 40.00 feet to a curve; Thence 29.09 feet along the arc of a 180' radius curve to the right, chord bears South 8950'47" West for 29.06 feet; Thence North 8531'26" West 100 feet to a curve; Thence 19.39 feet best interest of the City, and its inhabitants, inhabi-tants, businesses, and visitors (including drivers and passengers passen-gers of motor vehicles, vehi-cles, and pedestrians), that inattentive drivers who commit motor vehicle violations within the jurisdictional jurisdiction-al boundaries of this City be deemed guilty of an Infraction punishable pun-ishable by a fine of not more than One Hundred Hun-dred Dollars ($100.00). NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF AMERICAN FORK, UTAH: SECTION I: ADDITION ADDI-TION OF 10.04.100 TO THE CODE OF THE CITY OF AMERICAN FORK; UTAH: Section 10.04.100 is hereby added to The Code of the City of American Fork, Utah, to read as follows: SECTION 10.04.100. Inattentive Driving. A. A person is guilty of Inattentive Driving if, while operating oper-ating a motor vehicle on the streets of American Fork City, that person commits a moving violation (punishable (pun-ishable under State law andor local ordinance) ordi-nance) while driving in an inattentive manner. B. For purposes of this Section, "inattentive "inatten-tive manner" shall mean the operation of a motor vehicle in a manner which evidences evi-dences a lack of that degree of attentive-ness attentive-ness required to safely operate the vehicle under the prevailing road, traffic (vehicular and pedestrian), and weather conditions; and shall include those situations where the vehicle operator diverts or divides his or her attention from the safe operation of his or her vehicle to, towards or with some action within the vehicle.. vehi-cle.. C. It shall be a rebuttable presumption presump-tion that the causes of diverted or divided attention (i.e., acts of inattentive driving), for purposes of this Section, shall include but not be limited to the following: 1. the use or operation oper-ation of telephones (including but not limited lim-ited to cell phones, car phones, walkie talkies,' and hand radios); 2. the use or operation oper-ation of computers (including but not limited lim-ited to laptops, handheld hand-held computers, and organizers); 3. tactile (physical) operation of operational opera-tional or sound system sys-tem components, buttons, but-tons, dials, and accessories acces-sories (including but not limited to radios, stereos, compact disk players, compact disks, and cartridges); 4. - reading (maps and other hand-held reading material); along the arc of a 120' radius curve to the left, chord bears South 8950'47" West for 19.37 feet; Thence South 8513'00" West 231.64 feet; Thence North 40.14 feet to the point of beginning. Area 0.442 acres Dated this 15 day of October, 2004. Richard M. Colborn City Recorder Published in New Utah Oct. 21 and 28 and Nov. 4 and 11, 2004. 5. eating andor drinking; 6. observation of video displays within the vehicle being operated oper-ated (including but not limited to television, video machine, and dashboard video displays); dis-plays); 7. attention to personal per-sonal hygiene (including (includ-ing but not limited to combing or otherwise viewing hair, brushing teeth, applying makeup make-up andor mascara, putting drops in eyes); 8. physically attending to passengers passen-gers of the driver's vehicle in non-emergency situations; and 9. sleeping or dozing doz-ing while operating the vehicle. C. Inattentive Driving: Dri-ving: 1. Is a separate offense from the moving mov-ing violation punishable punish-able under State law andor local ordinance. ordi-nance. 2. Is an Infraction, punishable by a fine of not more than One Hundred Dollars ($100.00). SECTION II: REPEAL OF CONFLICTING CON-FLICTING PROVISIONS. PROVI-SIONS. All ordinances or resolutions, or parts or provisions thereof, in conflict with the provisions of this Ordinance, are hereby repealed to the extent that they conflict herewith. here-with. SECTION III: SEVERABILITY. SEV-ERABILITY. The sections, paragraphs, para-graphs, sentences, clauses, and phrases of this Ordinance are severable. If any such section, paragraph, sentence, clause, or phrase shall be declared invalid or unconstitutional by the valid judgment or decree of a Court of competent jurisdiction, jurisdic-tion, such invalidity or unconstitutionality shall not affect any of the remaining sections, sec-tions, paragraphs, sentences, clauses, or phrases of this Ordinance. Ordi-nance. SECTION IV: EFFECTIVE DATE. In the opinion of the City Council of American Fork, it is necessary .for ' the preservation of the peace, welfare, health, and safety of the inhabitants of American Ameri-can Fork City that this Ordinance take effect as soon as possible. This Ordinance, therefore, shall take effect immediately upon its passage and first publication as provided by law. PASSED AND ADOPTED by the City Council of American Fork City this 26 day of October, 2004. TED" B. BARRATT, Mayor ' ATTEST: RICHARD M. COL-BORN, COL-BORN, City Recorder Published in New Utah Nov. 4, 2004. PUBLIC NOTICES City Council ' Notice is hereby given that the American Ameri-can Fork City Council will meet in regular session on November 9, 2004, in the American Ameri-can Fork City Hall, 31 North Church Street, commencing at 7:30 p.m. The agenda shall be as follows: PUBLIC HEARINGS 7:05 p.m. Receiving Receiv-ing of public comment regarding the declaring surplus two swing sets and two slides. 7:10 p.m. Receiving Receiv-ing of public comment regarding applying for CDBG Grant funds for the American Fork Literacy Lit-eracy Center. 7:20 p.m. Receiving Receiv-ing of public comment regarding the site plan for American Fork Commercial Center Plat H at 245 North West State Road. REGULAR SESSION SES-SION 1. Pledge of Allegiance; Alle-giance; Prayer by Councilman Belmont; roll call. 2. Twenty-minute public comment period - limited to two minutes min-utes per person. 3. Report of the Parks Committee. 4. Council reports. 5. Mayor's report. ACTION ITEMS 1. - Review and action on a Resolution declaring two swing sets and two slides to be surplus. 2. Discussion and action on applying for CDBG Grant funds for the American Fork Literacy Lit-eracy Center. 3. Consideration for adoption of a Resolution Resolu-tion authorizing the issuance and providing for the sale of $3,853,000 American Fork City, Utah Special Assessment Bonds, Series 2004A (Special Improvement District No: 2001-1) (the "Series 2004A Bonds'), fixing the interest rates to be borne thereby, prescribing the form of Hearing scheduled on site Notice is hereby given that the American Ameri-can Fork City Council will meet in a public hearing on November 23, 2004, in the City Hall, 31 North Church Street, commencing at 6:40 p.m. to receive public comment Notice of intent to annex On October 12, 2004, the City Council of American Fork, Utah, adopted Resolution Resolu-tion No. 04-10-39R indicating its intent to annex the following described real property: proper-ty: Sunrise Estate Annexation . (925 East 300 North) Beginning at a point 89.90 feet North 024'54" West along the Section Line and 1.50 feet West from the West Quarter Corner Cor-ner of Section 18, Township 5 South, Range 2 East, Salt Lake Base and Meridian; Thence South 8959'33" East 176.50 feet; Thence North 024'54" West 102.29 feet; Thence North 8935'06" East 318.53 feet; Thence South 000'27" West 214.77 feet; Thence South 8943'15" East 199.37 feet; Thence South 008'39" East 315.33 feet; Thence North 8953'20" East 105.21 feet; Thence South Public may Notice is hereby given that the American Ameri-can Fork City Council will meet in a public hearing on November 23, 2004, in the City Hall, 31 North Church Street, commencing at 6:50 p.m. to receive public comment lists Nov. 9 agenda items i f DnoH Series 2004A Bonds, and setting forth the maturity and denomination denomi-nation of said Series 2004A Bonds; reaffirming reaf-firming the creation of a guaranty fund as provided pro-vided by statute, and related matters. 4. Consideration for adoption of a Resolution Resolu-tion authorizing the issuance and providing for the sale of $1,625,000 American Fork City, Utah Special Assessment Bonds, Series 2004B (Special Improvement District No. 2002-1) (the "Series 2004B Bonds"), fixing the interest rates to be borne thereby, prescribing the form of Series 2004B Bonds, and setting forth the maturity and denomination denomi-nation of said Series 2004B Bonds; reaffirming reaf-firming the creation of a guaranty fund as provided pro-vided by statute, and related matters. 5. Discussion and action on the terms relating to the Schure-man Schure-man Annexation Agreement in regards to 1120 North Street. 6. Review and action on subdivisions, commercial projects, condominiums, and PUD's including 1) plat approval; 2) method of satisfaction of water rights requirements; 3) posting of an improvement improve-ment bond or setting of a time frame for improvement installation; installa-tion; and 4) authorization authoriza-tion to sign the final plat and acceptance of all dedications to the public and to have the plat recorded. a. Review and action on an Ordinance approving a commercial commer-cial site plan for a Del Taco Restaurant to be located at 424 North 900 West. b. Review and action on an Ordinance approving the overall site plan for American Fork Commercial Center Cen-ter Plat H at 245 North regarding the site plan for an Auto Shop to be located at Mountain-land Mountain-land Applied Technology Technolo-gy College at 795 East Pacific Avenue. Copies of the site plan are available for review in the City Administrative Offices, 51 East Main 010'22 West 141.70 feet; Thence North 8852'24" West 29.00 feet; Thence South 053'33" West 66.00 feet; Thence North 8906'29" West 270.69 feet; Thence South 007'10" East 128.37 feet; Thence North 8930'24" West 498.81 feet; Thence North 119.03 feet; Thence South 8926'41" East 178.58 feet; Thence North 005'05" West 525.82 feet; Thence North 8948'31" West 177.80 feet; Thence North 109.57 feet to the Point of Beginning. The above described parcel of land contains 10.031 acres. Basis of Bearing: North 024'54" West along the section line from the West Quarter Corner to the Northwest North-west Corner of Section 18, Township 5 South, Range 2 East, Salt Lake Base and Meridian. Notice is hereby given that the Ameri- comment on regarding the site plan for an addition to American Fork Hospital at 170 North 1100 East. Copies of the site plan are available for review in the City Administrative Offices, 51 East Main Street. VVcSl Oldie i c. Review and action on an Ordinance approving an amended site plan for Lakeside Planned Industrial Park PUD, Lot 14, at 5y East 1700 South for the placement of an additional structure. d. Review and action on Lakeside Planned Industrial Park PUD Plat A Amended consisting of 12 lots at 580 East 1550 South. e. Review and action on Lakeside Planned Industrial Park pjjD Plat B Amended consisting of 2 lots at 580 East 1700 South including a release of a storm basin easement. f. Review and action on the subdivi- sion plat of the American Ameri-can Fork Commercial Center Plat I, a re-subdivision of Lot 1 of parcel 1C of Plat C amended, American Fork Commercial Center, Cen-ter, located at 165 North 750 West. g. Review and action on an Ordinance approving the amended amend-ed overall site plan for American Fork Commercial Com-mercial Center Plat E at 773 West State Road. 7. Report and action on construction items including change orders. 8. Report and action on Planning Commission items. 9. Review and action on the October 26, 2004, minutes. 10. Review and action on the November Novem-ber 4, 2004, work session ses-sion minutes. 11. Finance Committee Com-mittee Report including includ-ing action on the approval of City bills for payment. 12. Adjournment. Dated this 2 day of November, 2004. Richard M. Colborn City Recorder Published in New Utah Nov. 4, 2004. plan Street, during normal business hours. All interested persons are invited to attend. t Dated this 2 day of November, 2004. Richard M. Colborn i City Recorder Published in New Utah Nov. 4, 2004. - Sunrise can Fork City Council will hold a public hearing hear-ing on December 14, 2004 at 7:05 p.m. in the American Fork City Hall, 31 North Church Street, for the purpose of receiving public comment regarding the proposed annexation. annexa-tion. The City Council will act to annex the above described real property unless, at or before the public hearing, hear-ing, written protests to the annexation are filed by the owners of real property located within the area proposed for annexation, representing represent-ing more than 50 percent per-cent of the total private land area and 33 percent per-cent of the value of all private real property within the area proposed pro-posed for annexation. Copies of a map showing the location of the annexation area are available for review by the public at the City Recorders Office, 51 East Main Street, during, dur-ing, normal business hours. Dated this 13 day of October, 2004. Richard M. Colborn, Col-born, City Recorder Published in New Utah Oct. 21 and 28 and Nov. 4, 2004 site plan All interested persons are invited to attend. Dated this 1 day of November, 2004. Richard M. Colborn City Recorder Published in New Utah Nov. 4, 2004. Public notice Advertising Protects Your Right to Know City Council Notice is hereby given that the American Ameri-can Fork City Council will meet in a Retreat that will be held on Friday, Fri-day, November 12, 2004, in the Velvet Room at Thanksgiving Point, 3003 North Thanksgiving Way, Lehi, Utah, beginning at 8:00 a.m. The Agenda Agen-da shall be as follows: RETREAT Trust deed sale to be held Nov. 23 The following described real property will be sold at public auction to the highest bidder without warranty warran-ty as to title, possession posses-sion or encumbrances, at the main entrance of the Utah County Courthouse, Court-house, 125 North 100 West, Provo, Utah 84601 on the 23rd day of November, 2004, at 12 o'clock noon of said day: Situated in Utah County State of Utah and more particularly Residents may comment on office plan Notice is hereby given that the American Ameri-can Fork City Council will meet in a public hearing on November 23, 2004, in the City Hall, 31 North Church Street, commencing at 6:30 p.m. to receive public comment regarding an amended City vacates Notice is hereby given that the City Council of American Fork, Utah, at its October Octo-ber 26, 2004, Council Meeting, did adopt Ordinance No. 04-10-44 declaring a portion Meadow Lane at 250 North and also 700 AF considers Notice is hereby given that the American Ameri-can Fork City Council will hold a public hearing hear-ing on November 9, 2004, in the City Hall, 31 North Church Street, commencing at 7:05 p.m. to receive public comment Announcement of appointment and notice to creditors Estate of Pam Harris Har-ris Mickelson, Deceased Probate No. 043400500 John E. Mickelson, whose address is 432 North Locust Ave, Lin-don, Lin-don, UT 84042, has been appointed Personal Per-sonal Representative of the above-entitled estate. Creditors of the estate are hereby noti Alpine seeks comment on grants Alpine City, Utah will hold a Public Hearing Hear-ing to consider potential poten-tial projects for which funding may be applied under the CDBG Small Cities Program for Program Pro-gram Year 2005. Suggestions Sug-gestions for potential projects will be solicited, solicit-ed, both verbally and in writing, from all interested inter-ested parties. The expected amount of CDBG fund for this Program Year will be discussed along with the range of projects eligible under this program pro-gram and a review of previously funded projects. proj-ects. The hearing will be held on Tuesday, November 9, 2004 at Resirtpnte mnv rnmment on CirantS ..w The CITY COUNCIL of Alpine City, Utah will hold a Public Hearing on Tuesday, November 23, 2004 at 7:00 pm or thereafter whenever the item comes up on Hearing set The CITY COUNCIL of Alpine City, Utah will hold a Public Hearing on Tuesday, November 23, 2004 at 7:00 pm or thereafter whenever the item comes up on Milestone entries, Including weddings, missionaries,; announcements must be turned in to the paper oy , schedules retreat i- o:uu a.m. to 12:00 p.m. - Department Depart-ment Presentations 2. Noon to 1;00 p.m. - Lunch 3. 1:00 p.m. to 5:00 p.m. (approximately) a. Discussion regarding the RDA. b. Discussion regarding secondary irrigation and a treatment treat-ment plant. c City Council's described as follows: the east half of lot 3 in block 112, plat "A" provo city survey of building lots, otherwise other-wise known as 160 west 4th north street, provo, utah The Trust Deed being foreclosed by these non-judicial trust deed foreclosure proceedings pro-ceedings is dated November 15, 2001 and was executed by Joan M. Swensen, as Trustor and in favor of site plan for Eagle Rock Office Condominiums Condo-miniums at 772 East Bamberger Drive to allow for the addition of a pavilion and storage stor-age structures. Copies of the site plan are available for review in the City Administrative Offices, portions of roads West at approximately 130 North vacated as public roadways. Copies of the complete text of the Ordinance are on file in the City Administrative Offices, 51 East Main Street, and are available for public inspection. This declaring property surpluf regarding the proposal to declare the following to be surplus: 2 - Swing sets 2 - Slides Copies of the proposed pro-posed resolution are on file in the City Offices, 51 East Main Street, for public fied to (1) deliver or mail their written claims to the personal representative at the address above; (2) deliver or mail their written claims to the personal representative's representa-tive's attorney of record, Troy T. Wilson, 1555 East Stratford Avenue, Suite 100, Salt Lake City, Utah 841061 or (3) file their written 7:00 pm at Alpine City Hall, 20 N. Main, Alpine, Utah. Further information can be obtained by contacting Rachel McTeer at 756-6347, 756-6347, ext 134. Incompliance Incom-pliance with the Americans Ameri-cans with Disabilities Act, individuals needing need-ing sp'ecial accommodations accommo-dations (including auxiliary aux-iliary communicative ww - the agenda at Alpine City Hall, 20 N. Main, Alpine, Utah for the purpose of receiving public comment regarding potential Transportation for open space ordinan the agenda at Alpine City Hall, 20 N. Mam, Alpine, Utah for the purpose of receiving public comment regarding an amendment amend-ment to the Open Philosophies i Adjournment November, 2004 ; City Records " ,, Polished in i UtahNov.4 20oV ice c .... is "at Lei :.;3r,rias -;5lytion '.nt tC Lhomas Talboys -rtyv Scoter, S 'i-Vrtie! Davit Halstead & Cai Zm Benefi Lvn lhe Present owner- Love reported to be Jepate J. Meierhofer. ..500 Ea . The Purchase &- of at1' ls Payable in a,' Lehi nev ' the unhier de States of America. .'.,: DATED this TUND day of October, 200 :'?TI0N Published in f "to 0. 28 and k --12" 4 and 11, 2004. V-rter 33723 1 3.87 te' J Main a,f during normal bi 5 ness hours. Alliir:.L c East,! ested persons invited to attend JIM "uvemuer, am. Richard M.Cc City Recorder Published in Utah Nov .4 20C '3 feet; 89de : 33 feet: igiv - is r-3t Lf ta.n ha Ordinance effect upon publicaC', of this notice. .",1?nt t udiea mis 1 day. November,; nitiidiu M. WIOC .. ' ?hi ( City Recorder 3.3"'oc; d:uj ii 1. - J " Published Utah Nov. 4, 2( renter rj of 1 J Leh vrer d inspection. All in ested persons -:: invited to attend. Dated thisldr November, 2004. . Richard M.Colt City Recorder Published in t Utah Nov. 4, 2004. . iVHI 334 FEE -E EAST 32 TOW -. RA 3ULA l.'C : jo "-E 3 353.21 : .EH I claims with the Cleit-;;; the District Court;: Salt Lake County, --23-otherwise presenttJrj; claims as required 35 C2 Utah law within St ;: months' after thed.;;:-of thed.;;:-of the first publicl; of this notice or bet -33 2 ever barred. ;.:'30' Published in I Utah Oct. 21 and and Nov. 4, 2004. 35A:D, 3c.31 be he :'am aids and service -r ing these nw :Couni should .notify UniC! Recorders Offfl -53 N 756-6347, ext least three days Q( to the hearing t'-;iton attendfu w,!(JP jams, n- ' ; trials City Recorder at ! ;?artr ;' Wain :1 di 3 -sines ; Jm. Published Utah Oct. 28 a 4, 2004. Enhance. . - , $ lanis H City Recorder Published in Utah Nov. I 11 18, 2004. ;:al -Spr ;?iatA Ti n $ r.. Space '-ma: 3''SisH.W5 Citvi Recoil a-irnatei Published Utah Nov. 4, (3 loco 18, 2004. sir "'JrtlUi 2 p.m. of the week you would like the notice !3' 4 |