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Show 4B Emery County Progress Castle Dale, Utah Tuesday May 1 1 , 2004 Kids Fishing Event at Huntington Pond on May 15 On Sat. May 15, the Division of Wildlife Resources will once tackle. Sponsors of the event in- clude the Price Joy and Mining Machinery Shakespeare Tackle Manufacturing Co. Each child needs to put his or her name in for the drawing, which will be held at noon. A child must be present to Wal-Mar- again sponsor its annual Kids Fishing Event at the Huntington Game Farm Pond north of Huntington. The event is free. A fishing license is not required for of age. anglers under The event begins at 8 a.m. and continues until 4 p.m. The DWR will stock the pond with trout prior to the event, so that kids can enjoy a lot of fishing fun! The limit is four fish in the aggregate for all species. For example: two trout, one bluegill and one bass. For kids who dont have their own fishing equipment, the DWR will have rods, reels, tackle and bait available for public use. Prizes will be given away to old. children under Prizes include rods, reels and rs t, win. To get to DWR's Game Farm Pond, drive to the town of Huntington. Turn west on the Hun- tington Canyon Road and drive about V mile. Turn right on the Huntington North Loop Road (at the baseball diamond). Travel north on the asphalt road for about a mile. When the loop road makes an abrupt turn to the west, get off the paved road and continue to travel north on a dirt farm road, which leads to the Huntington Game Farm. Signs will be up to help direct visitors rs The Kids fishing event will be held on May 15 from 8 a.m. - 4 p.m. at the Huntington game pond. PUBLIC NOTICES Because the People Must Know PLEASECHECKYOURAD 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 NOTICE OF SETTLEMENT OF CLASS ACTION CIVIL NO. claim related to the collection of Utah sales or use tax overpaid on a furnish and install purchase. Class Counsel believes the terms of the settlement are fair, reasonable and adequate and in the best interest of the class. 010402468 JUDGE LYNN W. DAVIS IN JUDICIAL THE FOURTH DISTRICT COURT STATE OF UTAH UTAH COUNTY, POINTE EQUITIES, INC., a Utah DOROTHY J. MONSON, an individual, corporation, BACK CREEK, L.C. DBA AUTUMN GLEN APARTMENTS, a Utah a Utah corporation, NEW limited liability company, PENTALON CORPORATION, BROADWAY CENTRE L.P., a Delaware limited partnership, for themselves and all CEDAR v. since December 22, and III. ENTITIES, WHO PURCHASED FLOOR COV ERINGS AND PAID UTAH SALES OR USE TAX THEREON ON OR AFTER ALL PERSONS, INCLUDING DECEMBER 22, 1997, WHERE THE PURCHASE INCLUDED HAVING THE SELLER INSTALL OR ARRANGE FOR THE INSTALLATION OF THE FLOOR COVERING. PLEASE READ THIS NOTICE YOUR LEGAL RIGHTS MAY BE AFFECTED VERY CAREFULLY AND IN ITS ENTIRETY. BY PROCEEDINGS IN THIS LITIGATION. This Notice is being provided pursuant to an order of the Fourth Judicial District Court for the State of Utah sitting as a Tax Court (the Tax Court). The purpose of this Notice is to inform you of the proposed settlement of this class action litigation and of the hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the settlement. This Notice describes the rights connection with the settlement and what steps you may take in relation to the settlement and this class action litigation. you may have in I. THE LITIGATION. On December 22, 2000, five taxpayers (the Representative Taxpayers") filed with the Utah State Tax Commission (the Tax Commission) a request for refund of the Utah sales or use tax each had overpaid on floor coverings which they had purchased on the basis that the seller would install or arrange for the installation of the floor covering (a furnish and install purchase or a furnish and install sale"). matter before the Tax The Representative Taxpayers also filed the above-captionCourt on December 22, 2000, in order to facilitate obtaining refunds on behalf of all members of the class (the Litigation"). Under Utah law, sales or use tax should not be collected on a furnish and install sale, but there has been confusion about the proper handling of sales tax on such sales. refund reThe Tax Commission granted the Representative Taxpayers quests, issuing each of the Representative Taxpayers a refund of sales or use taxes paid on their furnish and install purchases of floor coverings. The State of Utah and the Tax Commission, however, vigorously argued to the Tax Court that class actions are not available in tax refund matters and that the refund requests on behalf of a class were otherwise inappropriate as a matter of law. The State of Utah and the Tax Commission filed two separate motions to dismiss, both of which were denied by the Tax Court. They sought interlocutory appellate review of their first motion to dismiss by the Utah Supreme Court, which was denied. They also asked the Tax Court to reconsider its denial of their first motion to dismiss, which the Court refused to do. The Representative Taxpayers filed a motion to certify the Litigation as a class action. This motion was also vigorously-opposeby the Tax Commission. After considering the arguments of the parties, the Tax Court, by an order dated June 25, 2003, certified the Litigation as a class action under the provisions of Rule 23 of the Utah Rules of Civil Procedure, appointed the Representative Taxpayers as representatives of the class, and designated Mark K. Buchi, Greggory J. Savage, Steven P. Young and their law firm, Holme Roberts & Owen LLP, as counsel for the class (Class Counsel"). After the class was certified, the State of Utah and the Tax Commission again sought appellate review from the Utah Supreme Court, which was denied. Class Counsel and representatives of the State of Utah and the Tax Commission have participated in substantial negotiations over a period of several months which have resulted in the settlement described below. II. THE PROPOSED SETTLEMENT. As a direct result of the prosecution of the refund claims and the Litigation and the negotiations between the parties, a settlement agreement was reached. The terms of the agreement are set forth in a written document dated March 2, 2004. In summary, the settlement is as follows. The State of Utah agrees to refund the difference between the sales or use tax that was improperly collected on furnish and install sales of floor covering and the tax due on the cost of the materials used. However, in no event shall the States obligation to pay refunds exceed $9,000,000. If the total amount of refunds due to the class, plus interest, is more than $9,000,000, each refund shall be prorated. In the event that the total claims of the class, including interest, are less than $9,000,000, the States payment obligation shall not exceed the total of all claims submitted, plus interest. Class Counsel must identify and submit the claims of all class members and class claims to the Tax Commission by December 1, 2004. The State will then review and the Court will approve the claims, and the State will issue a refund check to Class Counsel on or after July 5, 2005 for the total amount of the refund. After Class Counsel has paid the attorneys fees and costs out of the refund amount, Class Counsel shall issue refund checks to each of the class members. Upon receipt and negotiation of the total refund amount due to himherit, each member of the class will be deemed to release the State of Utah and its agencies and employees from any court-approv- 997 in awarded the organization. Joint Commission standards deal with organization quality and safety-of-car- e issues and the safety of the environment in which care is provided. Anyone believing that he or she has pertinent and valid information about such matters may Class Counsel are entitled to be compensated for their efforts on behalf of those entitled to refunds and for their risk in undertaking the representation of the d class on a contingency basis. Class Counsel will request a fee equal to (13) of the gross amount of refunds obtained for all taxpayers. Class Counsel has advanced costs for the benefit of the class and will be required to advance additional costs in furtherance of the settlement, e.g. costs of obtaining invoices and costs of publishing this notice. Accountants retained by Class Counsel to assist in the process of gathering invoices also undertook their work on a partially contingent basis and will not have been paid in full fortheir services. Class Counsel will seek reimbursement of these cost amounts incurred on behalf of the class from the total refunds obtained for the class. request a public information interview it the Joint Commissions field representatives at the time of the survey. Information presented at the interview will be carefully evaluated for relevance to the accreditation process. Requests for a public information interview must be made in writing and should be sent to the Joint Commission no later than five working days before the survey begins. The request must also one-thir- IV. ON PROPOSED HEARING indicate the nature of the information to be provided at the interview. Such requests should be addressed to: Division of Accreditation Operations Office of Quality Monitoring Joint Commission on Accreditation of Healthcare Organizations One Renaissance Boulevard Oakbrook Terrace, IL 60181 SETTLEMENT. 2, 2004, at 9:00 a.m., the Court will hold a hearing in the Fourth Judicial District Courthouse at 125 N. 100 W., Courtroom 301, Provo, Utah, in the courtroom of Judge Lynn W. Davis. The purpose of the hearing will be to On August you do not call the errorto our attention. Thank you. case the records are not available from the vendors. FEES AND COSTS. ATTORNEYS if The purpose of the survey will be to evaluate the organizations compliance with nationally established Joint Commission standards. The survey results will be used to determine whether, and the conditions under which, accreditation should be STATE OF UTAH, Defendants. TO: 1 insertion The Joint Commission on Accreditation of Healthcare Organizations will conduct an accreditation survey of Castleview Hospital on May 1 3 & 1 4, 2004. and install purchase on which sales or use tax was paid between December 22, 1 997 and the current date. This information should be as soon as possible, but no others similarly situated, Plaintiffs, days incorrect PUBLIC NOTICE Class Counsel will attempt to identify all claims by reviewing vendor records, however, if you would like to ensure that you are considered for a refund, you may submit to Class Counsel your invoice or other documentation evidencing a furnish later than September 1, 2004, to Class Counsel at Holme Roberts & Owen LLP, Attention: Dee Heugly, 299 South Main Street, 1800, Salt Lake City, Utah, 84111. As a class member, you should retain all of your records pertaining to the payment of sales or use taxes on furnish and install purchases of floor coverings UTAH STATE TAX COMMISSION than one 1 Or Faxed to (a) whether the settlement should be approved as fair, just, reasonable and adequate; and (b) the amount of attorneys fees and costs to Ije awarded to Class Counsel and those retained to assist Class Counsel. The Court may adjourn 630792-563- 6 determine: or continue the hearing by oral announcement at such hearing or at any adjournment without further notice of any kind. Any class member may, but is not required to, enter an appearance in the Litigation and be represented by counsel of his, her or its choice and expense. Any class member who does not enter an appearance will be represented by Class Counsel. Any class member who objects to any aspect of the settlement may appear and be heard at the hearing. Any such person must submit a written notice of objection, mailed or hand delivered such that it is received on or before July 1 5, 2004, at 5:00 p.m. (MDT), by each of the following: (1 ) Clerk of the Fourth Judicial District Court, 125 N. 100 W., Provo, Utah 84601 1800, Salt (2) Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, Lake City, Utah, 841 1 1 and (3) Clark L. Snelson, Assistant Attorney General, 1 60 East 300 South, Fifth Floor, P.O. Box 140874, Salt Lake City, Utah 84114-087; Or to The Joint Commissions Office of Quality Monitoring will acknowledge in writing or by telephone requests received 10 days before the survey begins. An Account Representative will contact the individual requesting the public information interview prior to survey, indicating the location, date, and time of the interview and the name of the surveyor who will conduct the interview. This notice is posted in accordance with the Joint Commissions requirements and may not be removed before the survey is complete. Published in the Emery County Progress April 1 3, 20, 27, May 4 and 1 1 , 2004. ; Your notice should reference the d complaintjcaho.org NOTICE TO BID matter. Bids will be received by Cleveland Town for the Cleveland Park Expansion Project. V. OPTION TO OPT-OU- you wish to opt out" or be excluded from the class, you must give notice Such notice must be in writing, of your decision to opt out of the class. postmarked on or before July 15, 2004. Persons who request to opt out of the class will not be entitled to share in the benefits of the settlement or any other orders If Bids will be in accordance with the specifications prepared by Cleveland Town, 35 1st W, Cleveland. Specifications will be available at Mandatory Site Showing. and judgment that have been entered by the Court in the Litigation, will not have their interests represented by Class Counsel and will be responsible to pursue any Sealed bids will be received by Cleveland Town at the Town Hall, 35 S 100 W, Cleveland, UT no later than 7:00 pm, June 3, 2004. Bids will be opened and read aloud at 7:00 pm. Bids can be mailed to PO Box 325, Cleveland, UT 84518. claim for a refund on their own and at their own costs and expense. In making a decision to opt out of the class, it should be considered that participation in the Major items of work include: class action will allow for refunds on purchases extending back to December 22, 1997, that a refund amount will be calculated in the same manner whether or not you remain a member of the class and that, based on the common fund doctrine, Class Counsel will seek to collect a fair attorney fee in connection with your refund in the event you opt out. But for the class action, refund requests are barred after three years from the date the sales or use tax was overpaid (i.e. the date of purchase). Notices that you wish to opt out of the class should be sent to Class Counsel at Holme Roberts & Owen LLP,' Attention: Dee Heugly, 299 South Main 1 Street, 800, Salt Lake City, Utah, 84111. The notice should state your name and address, that you wish to be excluded from the class in the matter, be signed by you and identify the vendor(s) from which you made your d furnish and install purchase(s). IF YOU CHOOSE TO REMAIN A MEMBER OF THE CLASS, YOU WILL BE BOUND BY THE TERMS OF THE SETTLEMENT AND BY ANY ORDER OR JUDGMENT ENTERED BY THE COURT. This Notice is a summary and does not describe all of the details of the Settlement or Class Counsels request for an award of attorneys fees and costs. For full details of the matters discussed in this Notice, you may desire to review the motion for approval of the settlement and the motion for an award of attorneys fees and costs filed with the Court, which may be inspected during business hours, at the office of the Clerk of the Court, 1 25 N. 1 00 W., Provo, Utah 84601 . For further regarding this settlement you may contact: Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah 84111, 9 facsimile: or (801) telephone: (801) CONCRETE WORK 6000 sf. Basketball Court - continuous pour, minimal grading required 180 ft. x 12 in. Mow Strip around existing block retaining wall. 6 ft. Sidewalk - Price per lineal foot needed. FENCING 320 ft of 10 included. 300 ft. of 6 ft. ft. 9 GA chain link fencing around Basketball Court, Installation 11 GA chain link fencing installed on existing block retaining wall. ELECTRICAL Service to Basketball including receptacle. SPRINKLING SYSTEM installation of 10,000 sq. ft. Automatic sprinkling system (Rainbird) information 323-327- 521-963- settlementhro.com. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO TELEPHONE THE COURT, THE CLASS ACTION TO HANDLE THE COURT ADDITION, THE QUANTITY CANNOT DATED this 3rd day of May, Published in the Emery County Progress May JUDGE OR HIS CLERKS. THE COURT IS OF POTENTIAL INQUIRIES AND, IN GIVE LEGAL ADVICE. 2004. Prospective bidders may assemble at the Cleveland Town Park, 250 West Main, Cleveland, UT, on Monday, May 24, 2004 at 9:00 am for a group showing. Site showing attendance is mandatory for acceptance of bid. Each bidder must submit a bid bond from an approved surety company; or cash, certified check, or cashiers check for not less than 5 of the in lieu thereof, total amount of the bid, made payable to Cleveland Town as evidence of good faith and a guarantee that if awarded the contract, the bidder will execute the contract and furnish the contract bonds as required. sLYNNW. DAVIS The Honorable Lynn W. Davis 1 1 , 1 8, 25 and June 1 , 2004. Owner reserves the right to reject any or all bids or to waive any formality or technicality in any bid in the interest of the Town. Published in the Emery County Progress May 1 1 and 1 8, 2004. , |