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Show 8A Emery County Progress Castle Dale, December 16, 2003 Utah Tuesday PUBLIC NOTICE PLEASECHECKYOURAD PUBLIC NOTICE; SOUTHEASTERN UTAH DISTRICT HEALTH The Emery County Progress makes every effort to avoid errors. We ask that you check your ad the FIRST day it appears and immediately report any error to the Legal -- 2431 We cannot be responsible for more Advertising Department by calling 435-38- 1 than one days incorrect insertion if you do not call the error to our attention. Thank you. January 8 April 8 July 8 October 14 February 12 March 11 May 13 August 12 November 10 1 April 'The City of Ferron is accepting bids for the construction of a new Fire Station at 90 East Molen Road, Ferron, UT." This facility is approximately 6355 square feet in The structure is steel frame construction with masonry July meetings The public is invited and encouraged to attend these meetings. Published in the Emery County Progress December 16, 23 and 30, 2003. will be held on the PUBLIC NOTICE You are hereby notified of Elmo Town Council meeting schedule for 2004. Their meetings are held the fourth Tuesday of each month, 7:30 p.m. at the Elmo Town Library. January 27, 2004 February 24, 2004 March 23, 2004 October 7 1 November 4 August 5 May 6 June 3 February 5 March 4 INVITATION TO BID September December 2 April 27, 2 June 22, 2004 July 27, 2004 August 24, 2004 September 28, 2004 City Recorder October 26, 20U4 November 23, 2004 Published in the Emery County Progress December 16, 2003. December 28, 2004 during normal working hours starting $250 deposit, refundable packages bid of Bids must conform to return and of valid submittal the a documents. upon all requirements listed in the bid packet. UT (phone: Published will require a Bid days of the bid opening. Ferron City reserves the right to reject any and and to waive any informalities in the bidding process. "130 all bids MINE WORKERS of AMERICA, Act, shall be met by the successful Contractor. Published in the Emery County Progress December 9 and 5 1 6, CRANDALL 2003. MINE CANYON NO. 22, MICHAEL SVETICH, Plaintiffs, v. STATE TRUST LANDS ADMINIS- OF UTAH, THE SCHOOL AND INSTITUTIONAL JOHN DOES XX through and STATE AGENCIES through XX, Defendants. NOTICE OF CLASS Civil No. PROPOSED SETTLEMENT REGARDING DETERMINATIONS, HEARING A A TO BE HELD ON K. Iwasaki P.O.BOX :: Progress December 16, 2003. TO: of Utah Health Sciences Center (UUHSC"), will rename its rehabilitation center as "The University of Utah Rehabilitation Center and Miners Hospital." The new hospital will provide medical services to Disabled Miners (defined as certain Utah residents who have worked in a Utah mine for at least two years, or who suffered d acute trauma while working in a Utah mine) for injuries and illnesses. If the Disabled Miner has no insurance, or other medical care coverage, the service will be provided free of charge. If the miner has insurance, he will assist the University in pursuing reimbursement from his insurers. The Miners Hospital will provide a significant array of medical services to Disabled Miners, including treatment for common injuries and illnesses such as black lung in many medical fields, including but not and and care silicosis, (pneumoconiosis) mine-relate- mine-relate- d 010903974 Judge Glenn 1077 PRICE, UTAH 84528 $ BROWN, DISTRICT CHARLES BYRGE, and J. R. SCOTT MINERS HOSPITAL, AND OF JANUARY 26, 2004 PUBLIC NOTICE FOR PERMIT CHANGE I MAURICE TRATION, The project is funded through the USDA Rural Development and all requirements of the USDA RD program, as outlined in these documents, including the Davis Bacon in the Emery County THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH UNITED Bids are due at the Ferron City Office, Ferron, Utah 84523 no later than Friday, , December 19, 2003 at 2:00 P.M., at which time they will be publicly opened and Tead. The bid may be awarded to the most responsive and responsible bidder within 2004 May 25, 2004 Orangeville City Board of Adjustments meetings will be held on the first Tuesday of each month when necessary, starting at 7:00 p.m. Bean exterior walls and both metal and single ply roofing. Bid packets and drawings may be obtained from the office of ARCHOS Design located at 271 North Main St., t Notice is hereby given that the Southeastern Utah District Health Department Board of Health will hold regular public meetings at the Green River City Office, Green River, Utah on the fourth Tuesday of every other month, beginning in Notice is hereby given that Orangeville City will hold their regular monthly meetings for the year 2004 at Orangeville City Hall, 5 North Main, on the following dates and time: meetings will start at 7:00 p.m. standard time and 7:30 p.m. daylight savings time. Orangeville City Planning & Zoning Commission following dates, starting at 7:00 p.m. Monday, December 9, 2003. DEPARTMENT MEETINGS OF HEALTH PUBLIC NOTICE December 9 June 10 September 9 Anyone wishing to meet with the City Council should call City Office for an appointment by Friday before each scheduled meeting. Fork, BOARD January. Following are the dates: Because the People Must Know : 2004 ANY RESIDENT OF THE STATE OF UTAH WHO HAS WORKED IN A MINE limited to pulmonolgy, occupational medicine, internal medicine, orthopedics and oncology. The Miners Hospital will also provide community outreach services to Disabled Miners, and will set up a clinic, either in Price or ProvoOrem, to attend to the medical needs of Disabled Miners. The Miners Hospital will have a dedicated Director (initially Dr. Phillip Bryant) and Assistant Director, and the Disabled Miners care will be managed by UUHSC case managers. IN THE STATE OF UTAH k Notice is hereby given that Genwal Resources, Inc. P.O. Box 1077, Price, UT r84528, a subsidiary owned jointly by Intermountain Power Agency and Andalex Resources, Inc. has submitted with the Utah Division of Oil, Gas and Mining, a complete application for adding the South Crandall lease to the existing Mine and Reclamation Permit, ACT01 5032. The permit area is located around Crandall Canyon of the USGS topographic quadrangle map of Rilda Canyon. The description of the permitted area is as follows: YOU ARE HEREBY NOTIFIED OF A PROPOSED SETTLEMENT REGARD- ING A HOSPITAL FOR DISABLED MINERS, AND OF A HEARING TO BE HELD ON JANUARY 26, 2004, BY THE THIRD DISTRICT COURT, 450 SOUTH STATE ST., SALT LAKE CITY, UTAH, TO DETERMINE WHETHER THAT SETTLEMENT Section 25: PROPOSED Section 26: SM? 1 Section 35: All, and a Section 36: All. 7 Section 31: All, and ; Section 32: j Township J 6 I Section 1: S'?SW 'A, SWV'.SE'.. South. Range 6 East. SLBM Lots SWA, and Section 2: All. v Township 16 South. Range 7 East. SLBM I : Section 4: ; Section 5. e i Section 6: f Section 8: I Section 9. The Purpose of this Notice. This purpose of this notice is to inform you of proposed settlement of a class action against the State of Utah regarding the creation of a hospital for disabled miners (the Miners Hospital"). Additionally, this Notice contains important information about the settlement, tells you how to obtain more information about the terms of the settlement, and explains your legal rights regarding the settlement, including how to be excluded from the process, if you so desire, and how to state an objection to, or support for, the settlement. This notice also informs you of the hearing, set for January 26, 2004, at which time the Court will be asked to approve this settlement as fair, reasonable and adequate. . In addition to the creation of a hospital for Disabled Miners, the proposed settlement also provides the following benefits: i) any Miner will be entitled to two free yearly screenings at the Miners Hospital; ii) the UUHSC will put on yearly seminars in Price and Magna addressing the health concerns of miners; and iii) for r merit each of the next ten years, the University of Utah will provide two, based scholarships, for the children and grandchildren of Disabled Miners. four-yea- The proposed settlement also provides for the payment of attorneys fees to the attorneys who have represented the plaintiffs in this matter since 1996. Under the proposed settlement, the attorneys will receive a $300,000 appropriation from the State, plus five annual payments of $100,000 per year, to be paid out of the trust. Obtaining Additional Information about the Proposed Settlement: There 7. Part of NW containing Topsoil Piles 3 and 4, W12 4 is available for inspection at the Division of Oil, Gas arid 'Mining at 1594 West North Temple, Suite 1210, Salt Lake City. Utah. Comments, objections, or requests for an informal conference should be addressed to the Utah Division of Oil, Gas and Mining, 1594 West North Temple. Suite 1210, P.O. Box 145801, Salt Lake City, Utah 84114-5801- . Published in the Emery County Progress December 16, 23, 30, 2003 and January 6, you have worked in any mine in the State of Utah. The class also includes the estates and representatives of deceased Utah miners. Although this settlement involves the creation of are other terms and conditions of the proposed settlement, in addition to those stated above, which have been memorialized in a document entitled Findings of Fact and Final Order of Settlement which will be submitted to the Court for final a hospital for disabled miners, the settlement also provides benefits to miners may become disabled in the future. Perminers. Moreover, sons meeting the definitions of the terms miner and disabled miner", as defined approval at the January 26, 2004 hearing. That document describes other benefits, as well as limitations, on the care to be provided at the Miners Hospital. You are entitled to review that document, and you may obtain a copy of the Findings of Fact 2. SW14, S12 SW14 NW14, SE14, S12 SE14 NE14. NANW!t, NW'iNE'i, SWANWA, NASEANW'i, SWA, Part of NE'A containing Topsoil Pile 2. part of NWA containing Topsoil Pile 1, part of SWA Pond, containing Sediment Lots (NEANEA), SA NEA E12, NE14 NW14, S12 NW14, and NW14. A copy of this application I MINERS HOSPITAL S's Township 15 South. Range 7 East SLBM SE Section 30: Lots take advantage of the wide array of medical services available at the UUHSC. SHOULD BE APPROVED. YOU NEED NOT RESPOND TO THIS NOTICE TO RECEIVE THE BENEFITS OF THE Township 15 South Jlange 6 East SLBM Notably, in the litigation, the plaintiffs' originally requested that the Court a stand alone hospital. The parties all agree, however, that it will be far superior to have the Miners Hospital, as a part of the UUHSC because the Disabled Miners will be able to order the State to build 2004. in Who is a Class Member. You are a member of the class if the settlement document, may be entitled to benefits as stated in the proposed and Final Order of Settlement from any of the following persons: settlement. Rights Relating to Class Membership. The Court has already determined that all miners in the State of Utah are members of the class, thereby entitled to 3. Attorney for the Class: Robert B. Sykes Robert B. Sykes & Associates 311 S. State Street, Suite 240 Salt Lake City, Utah 84111 notice of these proceedings. If you wish to remain a member of that class, you do not need to do anything. If you remain a member of the class, and the settlement is approved, you will be entitled to receive the benefits of the settlement, settlement and the Courts order. This means that you will give up the right to file any legal claim against the State of Utah andor the University of Utah regarding the miners hospital trust and relating to the creation and operation of a miners hospital. This would include not only the claims set forth in phone: (801) 533-022- 2 fax: (801) 533-808- 1 and you will also be bound by the United Mine Workers of America Fred Lupo United Mine Workers of America the Complaint in this matter, but also any claim that could have been brought against the State of Utah or the University of Utah. iV District Number 22 NOTICE TO THE PUBLIC OF ADVERSE EFFECT : 252 East 100 South 4. 5.0n the proposed replacement of the Muddy Creek Bridge north of the town of Emery, Emery County, Utah: Federal-ai- d project The Federal Highway Administration (FHWA) and UD0T are preparing to replace the Muddy Creek Bridge on State Route 1 0. just north of the town of Emery. In accordance with the National Historic Preservation Act of 1966. as amended, and How lo Seek Exclusion you wish to be excluded from this class, you must request to be excluded from the class, in a writing to be filed with the Court, signed by you, and stating that you wish to be excluded from the class. That writing must be received by the Court no later than January 21 , 2004, 800, the FHWA and UDOT hereby advise hat the proposed project will have an ADVERSE CFR all interested Janet Banks, Clerk for the Honorable Glenn Iwasaki Attorney tor the State of Utah: Barry G. Lawrence Utah Attorney Generals Office Litigation Division Attn: Miners Hospital Litigation 450 South State St., Courtroom Salt Lake City. Utah 84114 If 160 East 300 South, 6th Floor P.O. Box 140856 W44 you are excluded from the class, you may not be entitled to the benefits of the Salt Lake City, Utah proposed settlement. quadrangle(1 978). continuous rigid frame concrete JThe Muddy Creek Bridge is a three-spa,with a decorative thunderbird above the piers. It was built in 1942, using a Utah Estate Road Commission design. The bridge and two prehistorichistoric archeological have been determined eligible for the National Register of Historic Places. n The proposed project will replace the historic bridge in the same location with a new structure and will impact two archeological historic properties on their edges. The ;UD0T and FHWA have made the finding that the proposed undertaking will have an Adverse Effect on the historic Muddy Creek Bridge and two cultural sites. The mitigation measures for the adverse effects consists of completing an .Intensive Level Survey documentation through the historic site form, photographs, drawings, and documenting the Muddy Creek Bridge history and importance, and archeological monitoring on the edges of two sites. Funds for an interpretive kiosk, a scaled replica of the thunderbird motif on the bridge, and completing a county oral history project will be given to the Emery County Historic Preservation Commission. person or group wishing to submit comments regarding this project, may do comment period is thirty days, beginning from the first date of publication of this notice. Comments should be directed to Susan Miller, Region four Archeologist, UDOT Region Four, 1345 South 350 West, Richfield, UT 84701. Letters must be postmarked no later than midnight January 18, 2004. so phone: (435) 637-203- 7 fax: (435) 637-945- 6 Third District Court persons or groups EFFECT on the existing historic Muddy Creek Bridge. The bridge is located in the NW14 of the NW14 of Section "36, Township 21 South Range 6 East, Emery East, Utah 7.5' series USGS Price, Utah 84501 If and must be addressed to: -- existing 36 from the Class. in writing. The public 4 At any time during regular office hours, maps, drawings and other pertinent information developed by the Utah Department of Transportation, as well as written views received to date from any interested persons or groups, will be available for public inspection and copying at the UDOT Region Four office at 1345 South 350 vWest in Richfield, Utah. Published in the Emery County Progress December 16 and 23, 2003. ;J 84114-085- 6 phone: (801) 366-010- 0 fax: (801) 366-010- 1 Background and Claims. In 1 896, and again in 1929, the Federal Government gave the State of Utah 50,000 acres of land, for a total of 100,000 acres combined. The proceeds from those lands were to be used to establish a hospital for disabled miners. In 1957, the State legislature entrusted those lands to the University of Utah in the form of a Rehabilitation Center. At times from statehood until 1 957, a miners hospital was maintained; however, it does not appear that the proceeds from the trust lands were used for the exclusive benefit of disabled miners. Since 1 957, the University has used the proceeds of the trust lands to build a Rehabilitation Center, which has not been used for the exclusive benefit of disabled miners. (The University contends in this lawsuit that the Rehabilitation Center has at least partially been used to benefit disabled miners; the plaintiffs disagree with that contention.) 5. 996, the plaintiffs initiated this lawsuit against the State of Utah, May, 1998, the federal court dismissed the matter on the grounds that no trust was created regarding a Miners Hospital. In October, 2000, the Tenth Circuit Court of Appeals reversed that decision and held that a trust was created by virtue of a statement in Utahs Constitution. Dist. 22 United Mine Workers of America v. State of Utah, 229 F.3d 982 (1 0"1 Cir. 2000). The matter was in state court in May, 2001 In plaintiffs' Complaint, they remanded and then breached the State its duties respecting the miners hospital trust, and that alleged In August, in federal court. Notice of Hearing. The Court in this matter will hold a hearing on January 26, 2004, at 2:30 p.m. at 450 South State St., Courtroom W44. The purpose of that hearing will be to approve the proposed settlement. If the settlement is 8. approved, all class members will be bound by the court Order approving the settlement, will receive the benefits of the settlement, and would be barred from pursuing legal claims against the State of Utah and the University of Utah relating in any way to the Miners Hospital trust, or a Miners Hospital. Any class member (who does not seek to be excluded from the class) may object to or support the proposed settlement, by filing with the clerk of the court, a writing signed by you, and stating your objection or support. That writing must be received by the Court no later than January 21 2004, and must be addressed to: Janet Banks, Clerk for the Honorable Glenn Iwasaki , 1 Third District Court In Attn: Miners Hospital Litigation 450 South State St., Courtroom Salt Lake City, Utah 84114 DATED this S' day of December, 2003. MARK . have sought an accounting, declaratory relief, and injunctive relief, including the repayment of amounts rightfully belonging to the trust, and the creation of a hospital for disabled miners. For over the past year, the plaintiffs, the State of Utah, and the University of Utah have negotiated a settlement of this case. The basic SHURTLEFF Utah Attorney General BARRY G. LAWRENCE Assistant Attorney General Attorneys for Defendants DATED this S"1 day of December, 2003. terms of settlement are set forth herein. 6. W44 ROBERT B. SYKES & ASSOCIATES ROBERT B. SYKES The Proposed Settlement. Under the proposed settlement, the University Published in the Emery County Progress December Attorneys for Plaintiffs 1 6, 23, 30, 2003 and January 6, 2004. |