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Show THE SAN JUAN RECORD Wednesday, June 2, 2004 - Page Public notice NOTICE OF INTENTION TO ESTABLISH SPANISH VALLEY SPECIAL SERVICE DISTRICT NOTICE IS HEREBY GIVEN that on April 5, 2004 the Board of County Commissioners of San Juan County, Utah, adopted a Resolution declaring that the public health, convenience and necessity require the establishment of Special Service District, to be called the Spanish Valley Special Service District" (the District) for the purpose of constructing, repairing, maintaining and provide water, sewer and recreation services within the boundaries of the District. The Resolution also provides for a public hearing on the establishment of the District in the County to be held at the offices of the Grand County Water Conservancy District in Moab, Utah at 7.00 PM on Monday, June 14, 2004 DESCRIPTION OF THE PROPOSED DISTRICT The District shall have the following boundaries: Township 26 South, Range 23 East, SLB&M Sections 31 and 32 (All) Township 27 South, Range 23 East, SLB&M Sections 5, 6, 7, and 8 (All) Township 26 South, Range 22 East, SLB&M Sections 34, 35, and 36 (All) Township 27 South, Range 22 East, SLB&M Sections 1 2, 11, and 12 (All) PROPOSED SERVICES The District will be authorized to construct, repair, maintain and provide water, sewer and recreation services to be located within the District, together with acquisition of necessary facilities, appurtenances and equipment therefore or to enter into contracts or agreements with other agencies as to be determined by the Board of Administrative Control to be appointed by the County Commission METHOD OF FINANCING Pursuant to the provisions of the Utah Special Services District Act, Chapter 17A, Title 13, Utah ('ode Annotated, 1953, as amended and Article XIV, Section 8 of the Constitution of Utah, the District may annually impose fees and charges to pay for all or a part of the services to be provided by the District It may annually levy taxes upon all taxable property within the District to provide for the proposed services, and may issue bonds for the acquisition andor construction of facilities or systems to provide said services, provided, however, that said lew to provide said services or to repay said bonds, must be authorized and approved by a majority of the qualified electors of the District at an election for that purpose PUBLIC HEARING ON PROPOSED ESTABLISHMENT OF SPECIAL SERVICE DISTRICT The Board of County Commissioners will hold a public hearing on the establishment of the District and the proposed services to be provided within the District at the offices of the Grand Water and Sewer Service Agency on June 14, 2004 at the hour of 7 00 P M Any interested person may protest the establishment of the District of the furnishing of services therein either orally at the hearing or in writing, at or at any tune prior to the hearing Written protests must be filed with the San Juan County Clerk, and may be withdrawn by the protestant at any time before the County establishes or abandons the District Any protest signed on behalf of a corporation owning property within the District shall he sufficient if it is signed by the president, or any duly authorized agent of the corporation. Where title to any property is held in the name of more than one person, all of the persons holding title to the property must join in the signing of the protest At said public hearing, the Board of County Commissioners will give fill consideration to all protest which shall have been filed and will hear and consider all interested persons desiring to be heard The Board of County Commissioner may continue the hearing from time to time After conclusion of the hear, the Board of County Commissioners shall adopt a resolution either establishing the Spanish Valley Special Service District or determining that the establishment of the District shall be abandoned, or may, m its discretion, reduce the boundaries of the District and establish the District by resolution, as modified If, within fifteen 15 days after the conclusion of the hearing, over fifty percent (50 ' ) of the qualified voters of the territory proposed to lie included within the District or the owners of over 50G of the taxable value of the taxable property included within the proposed District file written protests against the specified type of service to be provided within the District with the County Clerk, the Board is required by law. in the former instance to abandon the proposed establishment of the District and, in the latter instance, to eliminate the type of service objected to from the resolution finally establishing the District. for the hearing, file a Any person who shall, at any tune prior to the date and time written protest with tin County Clerk against the establishment of the District and who property has been included within the boundaries of the proposed District notwithstanding such protest, may, within thirty (30) days after the adoption of the Resolution establishing the District, apply to the District Court of the 7th Judicial District for a writ of review of the actions of the Countv m establishing the District, only upon grounds, however, that Ins property will not be benefited by the services authorized to be furnished by the District or that the proceedings taken in the establishment of the District have not been in compliance with law A FAILURE TO APPLY FOR SUCH WRIT OF REVIEW WITHIN THE PRESCRIBED TIME SHALL FORECLOSE ALL OWNERS OF PROPERTY WITHIN THE DISTRICT SO ESTABLISHED FROM THE RIGHT TO FURTHER OBJECT THERETO (! EN, by order of the Board of County Commissioners of San Juan County, this 5th dav of April, 2004 REQUEST FOR PROPOSALS DESIGN AND ENGINEERING SERVICES San Juan County, the City of Blanding, the Utah Navajo Trust Fund and the San Juan Transwill receive Reportation Special Service District for Design and Engineering for Proposals quest Services for the extension of Center Street m the CanCity of Blanding westerly across Westwater obbe can for the proposals yon. Specifications tained from the Office of the San Juan County Commission, 117 South State Main Street 202, Post Office Box 9, Monticello, Utah 84535. The agencies list above reserve the right to reject any and all proposals, to waive any informality of any proposal and the select the firm which in the opinion of the agencies provides the best overall service and product. Deadline for proposals to be submitted is June 18, 2004 at 5.00 P M. Published May 26 and June 2, 2004 in the San Juan Record, Monticello, Utah. Public notice The Monticello Cemetery District will accept sealed bids for the installation for a sprinkler system at the Monticello Cemetery. Specifications and a set of the plans are available from Layne Livingston Sealed bid are due no later than June 11 2004 at the hour of 5.00 PM Published June 2 and 9, 2004 in the San Juan Record. Monticello, Utah. Public notice NOTICE OF PUBLIC HEARING CITY OF MONTICELLO FY 2004-0Tentative Budget Notice is hereby given that the Monticello City Council will hold a Public Hearing on Wednesday, June 16. 2004, to receive comments on the TentaThe hearing tive Budget for Fiscal Year 2004-05- . will begin promptly at 6.00 p m at the Monticello City Office, 17 North 1st East, preceding a Special City Council meeting at 6 15 p in. to adopt the Final Budget A copy of the Tentative Budget is available for public inspection in the office of the City Recorder The public is invited to attend all City meetings In accordance with the American with Di- sabilities Act, anyone needing special accommodations to attend this Public Hearing and Special City Council Meeting may contact the City at least three days prior to the Office, hearing. sRita Walker, C.M C. Recorder Published June 2, 9 and 16, 2004 in the San Juan Record, Monticello, Utah. Public notice IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT IN AM) FOR SAN JUAN COUNTY. STATE OK UTAH In tin- Matter of the Estate of MAGGIE HURST HARVEY. Deceased ANNOUNCEMENT OF APPOINTMENT AND NOTICE TO CREDITORS Probate sLynn Stevens Chairman H San Juan Countv Commission SEAL ATTEST sNorman L Johnson County Clerk San Juan County Published May 19, 26 and June 2, 2004 in the San Juan Record, Monticcllo, Utah Public notice San Juan School district will hold a surplus sale Wednesday June 9, 2004 from 8 00 a m. to 4 p m at the School District Warehouse, 32 West 200 North, Blanding, Utah For more information call Jack Brewer at (435)678-1236- . San Juan School district will be accepting sealed bids on the following vehicles No 0437-0001- Notice is hereby given that Clyde E. Harvey, has been appointed as Personal Representative of the above estate All persons having claims against the above estate are required to present them to the undersigned or to the Clerk of the Court on or before the 19th day of August, 2004, or said claim shall he forever barred. DATED this 10th day of May, 2004 s CLYDE E. HARVEY 824 East South Temple 2 Salt Lake City, Utah 84102 Published May 19, 26 and June 2, 2004 in the San Juan Record, Monticello, Utah. Public notice NOTICE TO BID San Juan County Road Department will accept "Sealed Bids for crushing of gravel at the Monticello - Spring ('reek Pit, Monticello, Utah Approximately 30,000 cubic yards of 1" gravel will be crushed Specifications may be picked up at the San Juan County Road Department, 835 East Highway 491, Monticello, Utah, Monday through Thursday from 7 00 a m to 5 30 p.m. Sealed bids will be accepted until 8 00 a m on June 14. 2004, at the San Juan County Road or can be mailed to Post Office Box 188, Monticello. Utah 84535 The sealed bids will be opened at the Monticello Road Office at 9 00 a m and then presented to the San Juan County Commission for These vehicles are located at the School District Transportation Yard at 458 N 100 East, Blanding. Utah For more information call Steve Olsen at (435) Sealed bids will be accepted until 2pm June 9, 2004 Turn in your bids to Jack C Brewer You mav pick up a bid form from the Warehouse Successful bidders will be required to pav for anv items before moving them from the premises. San Juan School district reserves the right to accept or reject any bid in part or in whole. All items sold As Is." San Juan School district will have miscellaneous kitchenrestaurant items for sale Published May 26, June 2 and 9, 2004 in the San Juan Record, Monticcllo, Utah approval NO FAXES WILL BE ACCE1TED. SAN JUAN COUNTY HAS THE RIGHT TO ACCEPTOR REJECT ANY OR ALL BIDS Published May 26, June 2 and 9, 2004 in the San Juan Record. Monticello, Utah. one little ad gets ers I If whose mother look the drug DES while you are a woman aged she was pregnant with you. and you suffer from (1) infertility and poor 34-4- 4 pregnancy outcomes, including primary and secondary infertility, or (2) Multiple miscarriages and sti births; or (3) delivery where your children are significantlydisabled; or (4) Ectopic Pregnancy; or (5) Clear cell adenocarcinoma of (he cervix or vagina, please call attorney Lee Hollis at to find out about your legal rights Pre-ter- 1 m 00-701-3672 Lee J. Hollis, Attorney Let Hollis practices in Prairie V Public notice Public notice 16 illage. KS. hut associates with attorneys throughout the L.S. TIMERESTRICTIONSAPPLYICALHNOW! Advertise in The San Juan Record Classifieds 25 words or less $3week prepaid 435-587-22- IN THE FOURTH JUDICIAL DISTRICT COURT UTAH COUNTY, STATE OF UTAH DOROTHY J. MONSON, an individual, CEDAR POINTE EQUITIES, INC., a Utah corporation, BACK CREEK, L C. DBA AUTUMN GLEN APARTMENTS, a Utah limited liability company, PENTALON CORPORATION, a Utah corporation, NEW BROADWAY CENTRE, L.P, a Delaware limited partnership, for themselves and all others similarly situated, Plaintiffs, v. UTAH STATE TAX COMMISSION and STATE OF UTAH, Defendants. NOTICE OF SETTLEMENT OF CLASS ACTION Civil No. 010402468 Judge Lynn W. Davis TO: ALL PERSONS, INCLUDING ENTITIES, WHO PURCHASED FLOOR COVERINGS AND PAID UTAH SALES OR USE TAX THEREON ON OR AFTER DECEMBER 22, 1997, WHERE THE PURCHASE INCLUDED HAVING THE SELLER INSTALL OR ARRANGE FOR THE INSTALLATION OF THE FLOOR COVERING. PLEASE READ THIS NOTICE VERY CAREFULLY AND IN ITS ENTIRETY. YOUR LEGAL RIGHTS MAY BE AFFECTED 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 you may have in connection with the settlement and what steps you may take in relation to the settlement and this class action litigation. 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). The d matter before the Tax Court on December 22, Representative Taxpayers also filed the 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. The Tax Commission granted the Representative Taxpayers refund requests, issuing each of the Representatives 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 After considering the arguments of the motion was also vigorously opposed by the Tax Commission 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 sot 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 State's 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. LTpon receipt and negotiation of the total refund amount due to him herit, each member of the class will be deemed to release the State of Utah and its agencies and employees from any 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. Class Counsel will attempt to identify all claims by reviewing vendor records, how ever, 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 and install purchase on which sales or use tax was paid between December 22, 1997 and the current date. This information should be as soon as possible, but no 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 since December 22, 1997 in case the records are not available from the vendors. III. ATTORNEYS' FEES AND COSTS. 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 class on a contingency basis. Class Counsel ( will request a fee equal to one-thir- d 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 n full for their services. Class Counsel will seek reimbursement of these cost amounts incurred on behalfof the class from the total refunds obtained for the class. IV HEARING ON PROPOSED SETTLEMENT. On August 12, 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 determine: (a) whether the settlement should be approved as fair, just, reasonable and adequate; and b) the amount of attorney's fees and costs to be awarded to Class Counsel and those retained to assist Class Counsel. The Court may adjourn 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 C lass 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 15, 2004, at 5:00 p.m. (MDT), by each of the following: 1 ( lerk of the Fourth Judicial District Court, 125 N. 100 W., Provo, Utah 84601; (2) Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah, 84111; and (3) Clark L. Snelson, Assistant Attorney General, 160 East 300 South, Fifth Floor, PO. Box 140874, Salt Lake City, I tah 84114-0874- . our notice should reference the d matter. V OPTION TO OPT-OUIt you wish to opt out or be excluded from the class, you must give notice of your decision to opt out of the class Such notice must be in writing, 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 and judgment that have been entered by the Class Counsel and will be responsible to pursue any claim fora refund on their own and at their own costs and expense. In making a decision to opt out of the class, it hould be considered that participation m the class action will allow for refunds on purchases extending back to December 22. 199 , that a refund amount will be calculated in the same manner whether or not ou 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 Street, 1800, Salt Lake City, I tah, 84111 3 he 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 furnish and install purchasets). 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 Thi Notice is a summary and does not describe all of the details of the Settlement or Class Counsels request for an au ard of attorney s tees and costs 1 or full details of the matters discussed in this Notice, ou 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, 125 N 100 W , Provo, Utah 84601. For further information regarding this settlement you may contact: Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah 84111, ; 9 facsimile: (801) or telephone (801) com. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO TELEPHONE THE COURT, THE CLASS ACTION JUDGE OR HIS CLERKS THE COURT IS TO HANDLE THE QUANTITY OF POTENTIAL INQUIRIES AND, IN ADDITION, THE COURT CANNOT GIVE LEGAL ADVICE. DATED this 3rd day of May, 2004 77 49 South Main Monticello Published May 12, 19, 26 and June 2, sLYNN W DAVIS The Honorable Lynn W Davis 2004 in the San Juan Record, Monticello, Utah |