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Show 4B Sun Advocate Price, Utah Thursday, May 20, 2004 Price Youth Council conducts business c c & K Carbon County to get started and become active in the community. The PYCC is directed by Patty Rigby and Price City council member Betty Wheeler is the Price City Council liaison. Either may be contacted to participate in the group. The Price Youth City Council conducts community business and assists with community projects while learning the art, science and need for dedicated service to the community. PYCC is currently assisting other community youth councils in Helper and $ T. 1 PYCC staff include: PYCC members are: Vanessa Smith. City Attorney; Devin Shorts, City Engineer; Acacia Davis. Finance Director; Jennifer Bedont, Mayor; Camille Elect: Goodman, Mayor Dandle Rigby, council member; Fiona Marcelino, Price Youth City Council Public Works Director, receives her award from Mayor Piccolo during a meeting of the Price City Youth Council held on May 13.' Heather Hughes, Treasurer; Houston Lui. Chief of Police; Anna Gramlich. council member; Bonnie Peterson, council member; Jacob Denison, council member; and Andrew Bjork. council member. Fiona Marcelino, Public Works Director: and Macey Mathews. Recorder. NOTICE OFTRUSTEES SALE T.S. NO. 1062910-0- APN: REF: TIMOTHY L. BRADY TRA; LOAN 7 NO. 1 001 35870 IMPORTANT NOTICE TO PROPERTY OWNER; YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED November 22, 1999. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU OF THE NATURE OF THE PROCEEDING AGAINST NEED AN EXPLANATION YOU, YOU SHOULD CONTACT A LAWYER. On June 08, 2004, at 11;00am James H. Woodall, as duly appointed Trustee under a Deed of Trust recorded., November 29, 1999, as Inst. No. 00077681, in Book 00446, Page 00350, of the Official Records in the office at the County Recorder of Carbon County, State of Utah, executed by Timothy L. Brady, A Married Man, will sell at public auction to highest bidder, payable in lawful money of the United States at the time of sale. Successful bidders must tender a deposit of $5,000 in certified funds to the trustee at the time of sale, with the balance due by noon the following business day, at the office of the Trustee. At the main entrance of the Carbon County District Court 1 49 East 1 00 South, Price, Utah all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: A parcel of land located in Carbon county, state of Utah, which is in of section 20, township 14 south, range 10 east, the south half of the NW SLB&M, being further described as follows: with a bearing of north 0 1 0' 50 west, between the southwest corner and the northwest corner of said section 20 used as the basics of bearing, which is a global positioning system bearing. Beginning at a point which is located north 0 20 1 1" west along the forty acre line, 459.39 feet NW 'U of said section 20; and running from the southwest comer of the SE thence north 87 1 8' 34 west, 50.07 feet; thence north 0 20' 1 1 west, 1 35.26 feet; thence south 68 45 11 east 160.77 feet along the south line of 100 foot thence south 21 14 49" west, 88.51 feet; wide deeded county road 1 to the point of the beginning. The street feet west 34 8' 67.03 87 thence north address and other common designation of the real property described above is purported to be: 372 South Fairgrounds Road Price, Utah 84501. Estimated Total Debt as of June 08, 2004 is $1 01 ,1 32.69. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express ' or implied, regarding title, possession, condition or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured by said Deed of Trust. The current beneficiary of the Trust Deed as of the date of this notice is: U.S. The National Association, As Trustee For CSFB ABS Trustee Series 2001-HE1record owner of the property as of the recording of the Notice of Default isare; PLEASECHECKYOURAD PUBLIC NOTICE The Carbon County Restaurant Tax Board hereby announces vacancy(s) on the Restaurant Tax Advisory Committee The Advisory Committee's function is to help define and plan goals for the funds generated by the Restaurant Tax in Carbon The SUN ADVOCATE 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 Advertising We cannot be responsible for more than one Department by calling day's incorrect insertion if CIVIL NO. their names for consideration should do so by mail or hand to Carbon the County Restaurant Tax Advisory Committee, Carbon County delivery Courthouse, 120 E. Main St., Price, Utah 84501 Deadline for submitted names is in submitting May 20. 25 and 27, 2004 The State Engineer received the following Application(s) in Carbon County (Locations in SLB&M). For more information or to receive a copy of filings, visit http: waterrights.utah.gov or call 1 to an application must file a CLEARLY READABLE REASONS FOR OBJECTION, PROTESTANTS and ADDRESS, any request for a hearing Protest must be Persons objecting protest stating FILING NUMBER, NAME AND RETURN filed with the State Engineer, Box 146300, Salt Lake City. UT 84114-630- 0 before JUNE 9, 2004. These are informal proceedings as per Rule R655-6-Division of Water Rights. (The Period of Use is generally Apr 1 to Oct 31 each year.) CHANGE APPLICATION(S) Tom F. propose(s) using 2.0 on or of the DISTRICT COURT STATE OF UTAH others similarly situated. Plaintiffs, UTAH STATE TAX COMMISSION and STATE III. ALL PERSONS, INCLUDING ENTITIES, WHO PURCHASED FLOOR COV ERINGS 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. Kim Kreek, Price River Water User & PLEASE READ THIS NOTICE VERY CAREFULLY s Association YOUR LEGAL RIGHTS MAY BE AFFECTED AND IN ITS ENTIRETY. BY PROCEEDINGS IN THIS LITIGATION. Irrigation; Domestic Jerry 0 Olds. P E. STATE ENGINEER Published in Sun Advocate May 13 and 20, 2004 Notice is hereby given that on the 27th day of May, 2004, at 1 0.00 am, at the Small Meeting Room in the County Courthouse, 120 E Main St. Price, Carbon County, Utah, will offer for sale at public auction and sell to the highest bidder for cash, the following described real properly located in the county and now delinquent and subject to tax sale. A bid for less than the total amount of taxes, interest, penalty, and administration cost which are a charge upon the real estate will not be accepted. under the provisions 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 N0TICE0FTAXSALE 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. of U.C A. Section THE LITIGATION. On December 22, 2000, five taxpayers (the Representative Taxpayers) Commission (the Tax Commission) a request for filed with the Utah State Tax 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 Representative Taxpayers also filed the d matter before the Tax Court 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 MARBIE BAYSINGER, HC 35 BOX 112 84529 UTAH KENILWORTH, MARKET 014 SUB. LOT 86. KENILWORTH AC $25,286 00 Costs: $918.22 VALUE: the proper handling of sales tax on such sales. The Tax Commission granted the Representative Taxpayers refund requests. 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 Taxes, Penalty, Interest, and Administration JUSTESEN, ERNEST RT 1, BOX 139-UTAH HELPER, the Tax Commission, Lot 9, MARSING ESTATES. MARKET VALUE: A-- 1 1 0 P0 UTAH Costs: $754.00 1 36 40 FT. W OF SE COR OF SW14 SW14 LOT 4, SEC 18, T13S, R10E, SLM E 136.4 FT; S 60 FT, TH. W 136.4 FT TO MARKET VALUE: BATSON, PO BOX TH N 60 FT; BEG. 0 19 AC $30,785.00 Taxes, Penalty, Interest, and Administration & 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 axpayers 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 CONNIE 84520 LOT 16, BLOCK 5, PLAT A DRAGERTON SUB. MARKET refused to do. The Representative Taxpayers filed a motion to certify the Litigation as a class action. This motion was also vigorously opposed by the Tax Commission. After considering the arguments of the parties, the Tax Court, by an order T Costs: $1,449.04 552 EAST CARBON. UTAH Taxes, Penalty, Interest, 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 84501 BEG. 278 FT. N & 1C-01- 1 AC 835 BOX PRICE, 1.50 643-9- ) R VERNON COLEMAN, (2A-- 1 $20,750.00 Taxes, Penalty, Interest, and Administration 1 however, vigorously argued to the Tax Court that class actions are not available in tax refund matters and that the refund requests on behalf 84526 0.12 AC VALUE: $26,133.00 Administration Costs: $1,039.95 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. BATSON, 1C-0- 1 PO BOX CONNIE 552 EAST CARBON, UTAH 84520 LOT 17, BLOCK 5, PLAT A DRAGERTON SUB. Taxes, Penalty, Interest & 0.13 AC VALUE: $1,950.00 Administration Costs: $492 84 MARKET CLARK, PO BOX 451 84520 88 48' W 217.8 EAST CARBON. UTAH BEG 25 FT S & N FT FROM NE COR NW14, SEC 11, T15S, R13E, SLM; TH N. 88 48 W 217.8 FT; S 75 FT; S 88 48 E 21 7.8 FT; N 75 FT TO BEG. 0.38 AC MARKET VALUE: $1,900.00 Taxes, Penalty, Interest & Administration Costs: $488.19 IN WITNESS WHEREOF have hereunto set my hand and official seal this of 2004. 26th day April, OF I P. Pero Carbon County Clerk Published in the Sun Advocate THE PROPOSED SETTLEMENT. April 29, May 6, 13 and 20, 2004. FEES AND COSTS. ATTORNEYS 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 all Counsel of has obtained for Class of the amount refunds taxpayers. gross (13) 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 for their services. Class Counsel will seek reimbursement of these cost amounts incurred on behalf of the class from the total refunds obtained for the class. one-thir- IV. HEARING ON PROPOSED SETTLEMENT. On August 1 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 determine: (a) whether the settlement should be approved as fair, just, reasonable and adequate; and (b) the amount of attorneys 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 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, 1 25 N. 1 00 W Provo, Utah 84601 (2) Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah, 841 1 1 and (3) Clark L. Snelson, Assistant Attorney General, 1 60 East 300 South, Fifth Floor, P.0. Box 140874, Salt Lake City, Utah 84114-087Your notice should reference the matter. ; ; above-captione- d V. OPTION TO OPT-OU- 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 If 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 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 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 Street, 1800, Salt Lake City Utah, 841 1 The notice should state your name and to wish that be excluded from the class in the address, you matter, be signed by you and identify the vendor(s) from which you made your furnish and install purchase(s). IF YOU CHOOSE TO REMAIN A MEMBER OF THE 1 . d CLASS, YOU WILL BE BOUND BY THE TERMS OF THE SETTLEMENT AND 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 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 WILLARD 1 OF UTAH, Defendants. TO: 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 and install purchase on which sales or use tax was paid between December 22, 997 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, Dee Heugly, 299 South Main Street, Attention: 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. v. from groundwater (2 miles North of Scofield Town) for ac-f- t. JUDICIAL DOROTHY J M0NS0N. 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 except irrigation which is generally from year-roun- d THE FOURTH UTAH COUNTY, NOTICE TO WATER USERS 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 in the Sun Advocate R-- 1 NOTICE OF SETTLEMENT OF CLASS ACTION term with quarterly funding review 257. This is a County Ordinances meetings and intermittent work meetings as directed by projects. Persons inter- June 21, 2004. Published 254-945- 0 you do not call the error to our attention. Thank you. County. You would also receive and review applications for funding and make recommendations to the Board of County Commissioners as defined in Carbon ested I. Brady. Dated May 06, 2004. James H. Woodall 10653 River Front Hours: 9:00 a.m. Parkway, Suite 290 South Jordan, Utah 84095 (801 ) -- 5.00 p.m. Signatureby: James H. Woodall, Trustee 08380 Published in the Sun Advocate May 13, 20 and 27, 2004. Timothy $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 , d Published in the Sun Advocate ORDER OR JUDGMENT ENTERED BY ANY 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, 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 or facsimile: telephone: (801) (801) . 323-327- 521-963- settlementhro.com. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO TELEPHONE THE COURT, THE CLASS ACTION JUDGE OR HIS CLERKS. TO HANDLE THE QUANTITY THE COURT IS OF POTENTIAL INQUIRIES AND, IN ADDITION, THE COURT CANNOT GIVE LEGAL ADVICE. DATED this 3"1 day of May, 2004. sLYNNW. DAVIS The Honorable Lynn W. Davis May 13, 20, 27 and June 3, 2004. |