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Show DAVI& MCTLCA juutohl, jmiunn ou, i iauj appointed as the City T reasurer. City Recorder, City Attorney, or City Engineer. SEC I ION 42. Pow-e- r of Appointment and PUBLIC NOTICES Public Notice Advertising Protects Removal. It shall be the duty of the City Your Right to Know NOTICE TO TRUSTEES SALE DIVERSION: (1) S. 925 ft, W. 450 ft, from The following described property will be sold at public auction to the highest bidder on the 13th day of February, 1985, at 2 (K) p.m. at the main door of the Davis County Courthouse, Farming-ton- , Davis County, Utah, for the purpose of foreclosing a 'I rust Deed executed by R. KENNETH LEATO and BARBARA J. LEATO, his wife, as Trustor, BANK TRUST COMPANY, Trustee, in & favor of TRACY-COLLIN- S BANK & TRUST COMPANY, a Utah corporation, as Beneficiary, under the Trust Deed recorded August 17, 1981, as Entry No 598627, in Book 876, at Page 849, of the official records of Davis County, State of Utah, given to secure an indebtedness in favor of said BANK & TRUST COM- PANY. Notice of Default was recorded September 26, 1984, as Entry No. 683779, in Book 1007, at Page 265. of said official records Trustee will sell at public auction to the highest bidder, in cash, payable in lawful money of the United States, at the time of sale, without warranty itle, possession, oi encumbrances, the following described property located in Davis County, State of Utah, and more particularly described as follows: NECor. Sec. 34.T5N, R1W (South Weber) PURPOSE AND PERIOD OF USE: 1 advances, if any, under the terms of said Trust Deed. As of January 4, 1985, the principal balance totaled $69,046.22, interest thereon totaled with $6,598.35, accrued attorneys fees of $850.00 and costs of $300.00. The above-describe- d real property has a street address of 722 North 475 West, Centerville, Utah 84014. A Notice of Federal Tax Lien has been filed against the above-describe- d property, which Notice was filed November 23, 1981 with the Recorder of Davis County, Utah, against Kenneth R and Barbara J. Leato, 722 North 475 West, Centerville, Utah 84014, with respect to the Salt Lake City Dis- trict of the Internal Revenue Service. DATED this 7 day of January, 1985. Trustee Tracy-Colli- Bank & Trust Company By Charles H. Madsen Authorized Agent Noel E. Chesley Parsons, Behle & Latimer 185 South State Street PO. STATE ENGINEER Published in the Davis News Journal on Jan 16. 23. 30. 1985 Issue No. 51 F. County Courthouse. Farmington. Utah, on February 12, 1985. at the hour ol 2 00 oclock noon, for the purpose of foreclosing a Trust Deed executed CHARLES by McCAR-VE- and LYNDA McCARVER, R J hus- band and Wile, and CLARK JFNKINS and KRISTINE JENKINS. Husband and Wife, as trustors, in favor of ZIONS FIRST NATIONAL of Davis County . Utah, covering property located at 2943 South Devon Drive, Bountiful, Utah, and more particularly described as All of Lot 927, CHELSEA COVE SUBDIVISION, Plat 9A, a subdivision of part of Seci-to- n 5, Township 1 North, Range 1 East, and Section 32, Township 2 North, Range East, Salt Lake 1 Base and Meridian, excepting that por- tion conveyed in Book 798, at Page 662, described as Beginning at the Southeast corner of Lot 927 Chelsea Cove Plat No. 9A, a subdivision thence North 62 degrees 14 47 feet along the lot line, West thence North grees 48 57 31 de- East 104.97 feet to a point on the easterly line of said lot. thence South 23 degrees 54'45" West 105.00 feet to the point of beginning Purchase price payable in lawful money of the United States of America. Said sale will be made without covenant or warranty, express or implied, regarding title, possession or encumbrances DATED January 10, 1985. F irst National Bank, N.A. 84147 16, 1985 Last publication Jan. 30, 1985 Issue No. 51 By Richard H. Nebeker, Attorney Published in the Davis News Journal First publication Jan. 16, 1985 8 Last publication Jan 30, 1985 NOTICE TO Issue No. WATER USERS APPLICANT: Mer-rol- 51 I The following applications) have been filed with the State Engineer to appropriate water in Davis County throughout the entire year unless otherwise designated. Locations in SLB&M. (A60531) AN ORDINANCE CREATING AND d A. & Margery A. Gold, 1064 West 1300 South, Salt Lake City, UT. QUANTITY: 1.5 CFS, SOURCE: 12 in. well 200 ft. to 500 ft. deep. POINT(S) OF 34. of City I he city administrator public woiks director shall be appointed by Mayor and sustained by majority vote of Council for indefinite term Heshe shall be chosen by the council primarily on the basis of hisher executive actual expei icnce in or knowledge ol accepted practice in respect to the duties of the office hereinafter set forth SECTION 36 Resappointment of he follow ing described properly situ ated in Davis County. Utah, will be sold al public auction to the highest bidder on the front steps of the Davis I Zions Published in the Davis News Journal First publication Jan. ION I idence. Residence in the city at the time of 1 Box 11898 Salt Lake City, Utah establ- and administrative qualifications with special reference to Dee C. Hansen, P E Book 919 at Page 916 cured by said Trust Deed and including fees, charges, and expenses of Trustee, and Works Works Director. granting ol this application with reasons therefore must be filed in duplicate with the State Engineer, 1636 West North Temple, Salt Lake City, Utah 84116 on or before March 2, 1985 RICHARD c AdministratorPublic Protests resisting the of the official records se- he olfice of Administra-torPubli- Appointment official plat thereof. For the purpose of Office created and ished SEC Lot 20, DEUEL CREEK ESTATES, Plat 1, paying obligations T Dnector of the city of T ruit Heights is hereby BANK, N A . as Beneficiary, recorded November 4. 1982. as Entry No 626145, in according to the SLCIION35 Created. the City (supplemental) Irrigation: F rom I eb to Nov. 30, total acreage 25.00 acs PLACE OI USE: NL'., Sec. 34. T5N, R1W, NO ICE OF TRUST F FAS S VI the City of Fruit ordain as follows: ESTABLISHING THE OFFICE OF CITY ADMINISTRATOR PUBLIC WORKS DIRECTOR, DEFINING THE DUTIES AND POWERS THEREOF AND PROVIDING COMPENSATION THEREFOR The City Council of the city of Fruit Heights, Utah does a Ctiy AdministratorPublic Works Director shall not be required as a condition of the appointment, but within one hundred eighty (180) days after reporting for work the City AdministratorPublic Works Director must become a resident of the city, or of another location within 15 minutes normal driving time from the city of Fruit Heights SECTION 37 Eligibility. No member of the City Council, nor the Mayor, shall be eligible for appointment as City Administrator Public Works Director until one vear has elapsed after such Council member of Mayor shall have ceased to be a member of the City Council SECTON 38. BOND. Before taking office, the City Works Director shall furnish a fidelity bond in an amount to be determined by resolution of the city council, co- nditioned upon the Heights, subject to all applicable personnel ordinances, rules and regulations except the City Recorder, City treasurer. City En- gineer and City Attorney. T he City Works Director's recommendations on the appointment or removal of said personnel will be considered on the basis of merit by the City Council SECTION 43. Administrative Reor- ganization of Offices. It shall be the duty and responsibility of the City Administrator Public Works Director to conduct studies and effect such administra- tive reorganization of offices, positions or units under hisher direction as may be indicated in the interest of efficient, effective and economical conduct of the Citys business SECTION 44 Ordinances. It shall be the duty of the City Works Director, and heshe shall recommend to the Mayor and City Council, for adoption such measures and ordinances as heshe deems necessary, or expedient for the health, safety, or wel- fare of the community or for the improvement of administrative vices. SECTION ser- 45. Attendance at Council Meetings. It shall be the duty of the City AdministratorPublic Works Director to attend all meetings of the City and shall keep the council informed as to the affairs of the city, and shall recommend to the council such action as may be necessary or expedient for the welfare of the city. SECTION 46. Budget. It shall be the duty of the City Works Director, to act as the budget officer for the faithful performance of hisher duties, wuth a corporation licensed to do business in the State of Utah as surety. Such bond shall be filed with the city re- city; to perform or approve by the city budget annually and cause to be performed all of the duties of such office as set forth m the Utah State Uniform Municipal Fiscal Proc- edures Act. Heshe corder after being shall prepare the council, and the premium for such bond shall be paid by the submit it to the council together with a message describing the important features and be city SECTION ers and Duties. The City Administrator Public Works Director shall be the administrative head of the government of the city underthe direction and control of the Mayor and City Council except as otherwise provided in this ordinance. Heshe shall be responsible for the efficient administration of all affairs of the city which are under his her control In addition to his'her general powers as administrative head, and not as a limitation thereon, it shall be hisTier duty and he she shall have the powers set forth in the following subsections Heshe shall devote hisher entire official time to the discharge of 39 Pow- official duties and adhere to the City Management Code of Ethics as published by the International City Management Association. SECTION 40. Law Enforcement. It shall be the duty of the City AdministratorPublic Works Director to force all laws and en- osdi-nanc- within the municipality insofar as their enforcement is within the powers of the city. SECTION 41. A- uthority Over Em- ployees. It shall be the duty of the City Works Director, and heshe shall have the authority to control order, and give directions to all heads of departments and to subordi- nance officers and em- ployees of'the city under hisher jurisdiction through their department heads. The City Administrator shall not have author- ity over the persons responsible for its administration after adoption. Heshe shall exercise budgetary control over city departments and ser- vices, the purchasing of materials, supplies, equipment and services, and make such recommendations as heshe may deem d- The City Administrator shall esirable . prepare and submit a standard schedule of pay for each appointive office and position in the city, including minimum, intermediate and maximum rates, to the Mayor and the City Council for its approval. SECTION 47. Ex- penditure Control and Purchasing. It shall be the duty of the City Director to make investigation into the affairs of the City and any department or division thereef, and any contract or the proper performamte of any obligation of the City. Further, it shall be the duty of the (Tty Works Director so requests, the City Council shall provide in writing reasons for the intended removal, which shall be vided the City the duty of the City Administrator'Pubhc Works Director and Works genera! technical supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the Mayor and (Tty Council. In addition, as Public Works Director, the incumbent shall have and exercise technical control and supervision over all activities of the city including, but not limited to, maintenance, improvement, repair and replacement of all city properties, City Administrator Public Works Director of such notice of intention to remove, heshe may, by written notification to the City Recorder, request a hearing before the City Council Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty day period, at which c time the City Works Director shall appear and be heard with or without counsel. SECTION 55 Suspension Pending Hearing. After furnishing the City Admmistra-torPubli- c ditches, culverts, courses, gutters and curbings, all public buildings, boulevards, parks, playgrounds, and other grounds belonging to or under the jurisdiction of the city, l e , golf courses, ball parks, etc. c The City Works Director shall keep a Works Director with written notice of intended removal, the City Council may suspend him her from duty, but compensation shall continue until removal by action of the Council passed subsequent Adminis-tratorPubli- current inventory all real and showing personal property of the city and its location and shall be responsible for the care and custody of all such property, including equipment, buildings, parks and all other city property which is not by law assigned to some other officer or body for care and control. to the aforesaid hearing SECTION 56. Discretion of Council. In removing the City AdministratorPublic Works Director, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the Unless otherwise bv ordiCitv Works Director shall cause to be kept a complete set of maps and plats showing the location of all city utilities, and other municipal properties, all streets and other public places and all lots or parcels of subdivided according to law. SECTION 50. Additional Duties. It shall be the duty of the City AdministratorPublic Works Director to perform such other duties and exercise such other powers as may be delegated to him her from time to time by ordinance or resolution or other official action of the Mayor and City Council. 51. Governing Body Not to Interfere. Except for the SECTION purposes of inquiry, the Mayor or Council or any of its members shall deal with the administrative service solely through the City AdministratorPublic Works Director and neither the Mayor or Council or any member thereof shall give orders to any subordinates of the City AdministratorPublic AdministratorPublic Works Director to supervise the purchase of all materials, supplies, event that the City AdministratorPublic which funds are provided in the budget; let contracts necessary for operation or maintenance of city services for amounts up to and including one thousand dollars and present them to the council for approval, and advise the governing body of the advantages or disadvantages of contract and bid prop($1 ,000.00) osals. No purchase shall be made, contract let or obligation incurred for any item or service which exceeds the current budget approp- riation without a supplemental appropriation by the council. No contract in excess of one thousand dollars ($ ,000 00) and no contract for new construction shall be let except by the council. The City Administrator Public Works Director may issue such rules From City. In the Works Director shall be absent from the city or incapacitated from performing the duties of his position, an officer or other person designated by the Mayor mav be authorized to act as Administrator Public Works Director during such absence or incapacity, provided however that if such absence or incapacity shall extend for a period of ten or more consecutive days, such designation shall be subject to the approval of the City Council. SECTION 53.. Removal of City AdministratorPublic Works Director. The removal oftheCitv Admimstra-torPubh- City Administrator ublic Works Director to present to said City Council grounds of opposition to removal prior to its action SECTION 57. Limitation on Removal. Notwithstanding the provisions of Sections 53, 54, 55 and 56, hereinabove set forth, the City Admimstra-torPubli- c Works Works Director, either publicly or privately. SECTION 52Abs-enc- e and equipment for phrase of this ordi- nance is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance, all ordinances of the city prescribing the duties of heads of departments shall remain in full force and effect except in so far as they conflict with the provisions of this ordinance m which case the provisions of this ordinance shall govern SECTION 62. Agreements on Em- ployment. Nothing in this ordinance shall be construed as a limitation on the power and authority of the Mayor and City Council to en-tinto any supplemental agreement c with the City Works Director delineating additional terms and conditions of employment not inconsistent with any provisions of this ordinance. PASSED, APPROVED AND ADOPTED this 22nd day of January, 1985 c Works Director shall be effected by a majority vote of the entire City Council as then constituted, convened in a regular Council meeting, subject, however, Director shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90)' days next succeeding any general municipal election held in the city at which election a member of the City Council is elected or when a new City Councilman is appointed, the purpose of this provision is to allow any newly elected or appointed member of the City Council or a reorganized City Council to observe the actions and ability of the City AdministratorPublic Works Director in the of the powers and duties of hisher office. After the expiration of said ninety (90) day period aforementioned, the provisions of Sections 53, 54, 55 and 56, as to the removal of said performance City Administrator Public Works Director, shall apply and be effective. SECTION 58. Compensation. The City AdministratorPublic Works Director shall receive such annual compensation as the City Council shall, from time to time, determine, by ordinance or resolution. In addition, the City Administrator shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties. SECTION 59. Vacancy. In the event of a vacancy in the position of City Works Director, said vacancy shall be filled by the Council, subject to the qualifications hereinabove set forth. SECTION Emergency and 60. Eflec- - DEAN O. BRAND Mayor The following-describe- property will be sold at public auction to the highest bidder, payable in lawful money of the United States at the time of sale, at the North door of the Davis County Courthouse in Farmington, Davis County, State of Utah, on the 25th day of February, 1985, at 12 00 oclock noon of said day for the purpose of foreclosing a Trust Deed executed by Larry D. Thomas and Sandy D. Thomas, husband and wife, as trustors, in favor of Savings and Moun-tainWe- Loan, covering real property located at 2115 East 7800 South. South Weber, Utah, and more particularly described as follows All of Lot 28. KOZIAR HILLS UNIT 2. Davis County, Utah, according to the official plat thereof DATED January 21, 1985 Mountainwest Savings and Loan, Trustee Bank Bldg 13, 1985 30, 1985 Issue No. 52B NOTICE OF TRUSTEES SALE will FIRST NATIONAL BANK OF LAYTON (now owned and held by THE FIRST NATIONAL BANK OF LAYTON) by reason of the breach of certain obligations secured thereby. Notice of Default was recorded October 22, 1984 as Entry No. 685778 in Book 1010 at page 438 of said Offi- cial Records. Trustee will sell at public auction to the highest payable in lavyful money of the United States at the time of sale, without warranty as to title, possession or encumbrances, the following described property at 1370 West Gentile St , in the City of Layton, County of Davis, State of Utah. Beginning at a point 870.5 feet West of the Southeast corner of Section 19, Township 4 1 West, Salt Lake Meridian, and running thence West 70 feet, thence North 148.5 feet, thence East 70 feet, thence South 148 5 feet to the point of beginning. for the purpose of paying obligations secured by said Deed of Trust including fees, charges and expenses of Trustee, advances, if any, under the terms of said Deed, interest thereon and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as in said Note and by law provided. Dated. January 25, 1985 Security Title Company, Trustee By Gordon Gurr Its Owner and Sole Proprietor Published in the Davis News Journal First publication Jan. 30, 1985 Last publication Feb. 13, 1985 R-2- W'i Cor. , Set 3 T3N RIL, (S. of , , armington), and used for the domestic use of two families within a place same as heretoI fore. Protests resisting the granting of (his application with reasons therefore must be filed in duplicate wiih the State Engineer. 1636 W North 1 emple. Salt Lake City, Ul 84116, on or before March I, 1985 Dee C Hansen. P I SI ATE ENGINEER Published in the Weekly Reflex on Jan 16 23. & 30, 1085 Issue No 51 NO I ICE 10 WAIER ISERS I he following appli cation(s) have been filed with the Slate I n gineer to appropriate water in Davis ( ountv throughout the entire year unless otherwise designated I ovations in SL B&M 605 7 ) APPl 1CAN I A Dennis ( ox, 2181 West 1000 South as ton. UT QU AN I I I 0 015 CFS SOIRC I 2 in well 4(H) ft deep POINT (S) OF DIVERSION (l)S 130 ft, E 185 ft. from NW Cor Sec 3 . I4N, R1W' (2 Miles West of Kaysville) PURPOSE AND PFRIOD OF USE Irrigation From to Oct 3 . total Apr 0 25 acs OF USL NE'iNW'j. Sec 31. T4N, R1W acreage PLACE NOTICE TO CREDITORS Estate of RALPH E COLE, Deceased Probate No All persons having above estate are be sold at public auction to the highest bidder on the 26th day of 1985 at February, 11 00 A.M. at the North front door of the Davis County Court House at Farmington, Utah in the County of Davis, by SECURITY TITLE COMPANY, as Trustee under the Deed of Trust made by THELL E DAY and KAREN P DAY, his wife, as Trustors, and recorded April 20, 1984 as Entry No 669748 in Book 986 at pages 645 of the Official Records of Davis County, Utah, given to secure an indebtedness in favor of THE North, Range 52B claims against the de- 120 S E 2400 It from the ft , 1 Ogden, Ut 84401 Attorneys for Trustee and Beneficiary Published in the Weekly Reflex First publication Jan Issue No 150 ft well, deep at a point ( By Michael J G Glassmann of Thatcher & Glassmann 1000 First Security Last publication Feb Published in the Davis News Journal on Jan Issue No. 52B d 30, 1985 Attest Belva M Provost, City Recorder The following scribed property of water is to be diverted from an existing NOTICE OF TRUSTEES SALE Adminis-tratorPubli- Admims-tratorPubli- streams and water land Works Director, and at least fifteen days prior to the effective date of such removal. SECTION 54. Hearing. Within seven days after the delivery to the heshe shall exercise nance, the pro- Director within seven days after the receipt of such request from the City Admmistra-torPubli- c lic Buildings. It shall be provided notice stating the Councils intention to remove himher, at upon publication. SECTION 61. Saving Clause. In any section, subsection, or sentence, clause, or moval. If the City AdministratorPublic Works ordl-nanc- this city shall take effect immediately least thirty days before the effective date of re- Director to investigate all complaints in relation to matters concerning the administration of the city government. SECTION 49 Pub- e This being necessary for the immediate preservation of the peace, health and safety of tive Date. Works Director shall be furnished with a written Works Works Director to appoint, remove, promote and demote any and all officers and employees of V to me provisions ol the next succeeding subsections. In case of his her intended removal by the City Council, the City Admmistra-torPubli- c governing purchasing procedures as the council shall approve SECTION 48 Investigations and Complaints, It shall be the duty of the City re- quired to present them to the undersigned or to the Clerk of the Second Judicial Di- strict Court Clerk, Courthouse, Farming-ton- , Utah 84025, on or before the 30 day of May, 1985, or said claims shall be forever barred DALE EDWIN COLE Personal Representative P O Box 348 Ogden, Utah 84402 Published in the Davis News Journal First publication Jan 30, 1985 Last publication Feb 13, 1985 Issue No 52B West North Temple. Salt Lake City. Utah 84116 on or before March 15. 1985 Dee C. Hansen. P E. STATE ENGINEER Published in the WATER USERS The following application has been filed En- gineer to change water in Davis County throughout the entire year unless otherwise designated Locations m SLB&M (a 3357) Beth A Cutler & Dennis Hogan, 2177 N Main, Centerville, UT propose to correct the point of diversion and nature of use of 0 015 cfs of water as evidenced by Appl No (A4321 5) The water was to have been diverted from an exwell. 150 isting ft deep at a point S 30 ft , E 2300 ft from the W'A Cor , Sec 31. T3N, R1E, and used for the domestic use of one family, stockwa-tenn- g of 6 cattle, and, from April to Oct 3 , 31-41- for the irrigation of 0 25 acre within the NE'ASW'A Sec. 31, T3N, RIE Hereafter 0 015 cfs W eek-l- y Reflex on Jan 30. Feb 6. & 13, 1985 Issue No 5zB NOTICE OF PIBLIC HEARING Notice is herebv given that on Mondav February 4. 1985, a. 2 00 p m in Room 126 of the Davis County Courthouse, Farming-ton- . Utah, NOTICE TO with the State Protests resisting the granting of this application with reasons therefore must be filed in duplicate with the State Engineer, 1636 a public hearing will be held for the purpose of declaring Davis Countys intent to apply for certain Community D- evelopment Block Grant funds The matter of intent of the Davis Countv Housing Authority to apply for approximately $100. 000 for housing the rehabilitation, Davis County Council of Governments to apply for approximately $800, 000 for an eco- nomic development program, and Davis County to apply for approximately $25,000 for a housing studv, will be considered All interested persons are invited to attend and will be g'ven an opportunity to be heard Michael G. Allphin Davis County Clerk Published in the Davis Countv Clipper on Jan 30. 1985 Issue No 52B Published in the Week ly Reflex on Jan 30 1985 Issue No 52B R27 NOTICE Kays Creek Irrigation Company is a corporation with its principal place ol business at 2029 East Gentile. Layton. Utah. There are delinquent upon the following described stock on account of assessments levied in 1984, the several accounts set opposite the names of the respective stockholders as follows Lloyd Barnes Ellis Child Deka Investment Co Kirk Day Clyde Davis L John Gray Roger Nalder Cannella Sams Manon Wiggill Duane Westbroek And in accordance with the law and on order of the Board of Directors of the Kays Creek Irrigation Company, the above stock will be sold at the office of Kays Creek Irrigation Company at 2029 East Gentile, in Layton, Utah, Wednesday, February 13th, 1985 at the hour of 7.00 P.M. to pay the above listed delinquent assessments together with the cost of advertising and the expense of the sale, etc. Richard Cook Secretary Published in the Weekly Reflex First publication Jan. 16, 1985 Last Publication Feb. 6, 1985 Issue No. 51 r.267 8 |