OCR Text |
Show Legal Notices PUBLIC NOTICE NOTICE OF INTENTION TO ESTABLISH THE KANE COUNTY RECREATION AND TRANSPORTATION SPECIAL SERVICE DISTRICT, KANE COUNTY, UTAH hereby given to all persons interested that on February 26, 1996 the Board of County Commis. NOTICE is sioners of Kane County, Utah (the Board) adopted a resolution declaring thatthe public health, convenience and necessity require the establishment of a special service district in Kane County, Utah (the District), for the purpose of providing transportation and certain limited recreation services within the area thereof, and providing for the holding of a public hearing on the establishment of the District. Said public hearing will be held at the regular meeting place of the Board in the Kane County Courthouse, 76 North Main, in Kanab, Utah, at 1 0:00 o'clock A.M. on April 8, 1 996. The proposed boundaries of the District shall be coterminous with the boundaries of Kane County, Utah, and are more fully described as follows: Beginning at the middle of the main channel of the Colorado River where intersected by the line separating townships 37 and 38 South, thence West to the line separating ranges 9 and 10 West; thence South to the boundary of the state; thence East to the middle of the main channel of the Colorado River;' thence Northeasterly up the middle of said channel to the point of beginning. The name proposed for the District is "Kane County Recreation and Transportation Special Service District." A general description of the type of services proposed to be provided within the District is providing transportation and recreation (other than the equipping, maintenance and operation of television and F.M. radio transmission and relay facilities and any other recreation services authorized to be provided by the Western Kane County Special Service District No. 1) services through facilities or systems to be acquired or constructed through construction, purchase, lease, contract, gift, condemnation or any combination thereof. Pursuant to the provisions of the Utah Special Service District Act (Title 17A, Chapter 2, Part 13, Utah Code Annotated 1 953, as amended) and of Article XIV, Section 8 of the Utah Constitution, the District may annu- ally levy taxes upon all taxable property within its boundaries and may impose fees and charges to pay for all or a part of the services to be provided by the District. THE UTAH SPECIAL before the Board at the above time and place and be heard either in support of or in opposition to the establishment of the proposed District or the furnishing of the proposed services thereby and may, protest against the establishment of the District orthe furnishing of the proposed services thereby, orally at the hearing or in a writing filed with the County Clerk of Kane County, Utah, before or at the hearing or at any time within 1 5 days after the conclusion of the hearing. Any protest may be withdrawn by the protestor, and any such withdrawal canceled, by filing such withdrawal or cancellation with the County Clerk within 30 days after the hearing. At the place and on the date and time above specified the Board will give full consideration to all protests which shall have been filed and will hear and consider all interested persons desiring to be heard. The Board may continue the hearing to another date and time, if necessary. After the conclusion of the hearing and after the time for filing protests as described below, the Board shall adopt a resolution either establishing the District or determining that the proposal to establish the District should be abandoned. The Board may, in its discretion, reduce the boundaries of the proposed District or eliminate one or more of the types of services proposed, but the boundaries of the proposed District may not be increased nor additional types of services added without the giving of a new notice of intention and the holding of a new hearing. If within 15 days after the conclusion of the hearing more than 50 of the qualified voters of the territory proposed to be included in the District or the owners of more than 50 of the taxable value of the taxable property included within the District file with the County Clerk of Kane County, Utah written protests against the es- tablishment of the proposed District or against specified types of services proposed to be offered by the District, the Board will be required by law .to abandon the proposed establishment of the District or to eliminate those types of services objected to within the District. All persons owning land within the proposed boundaries of the District are hereby given notice that at the above time and place the Board will consider all protests that any land so owned will not be directly benefitted by one or more services to be provided by the proposed District. Section 17A-2-- 1 304(2) of the Utah Code Annotated 1953, as amended, provides that a special service district created under the Utah Special Ser- vice District Act may not include any area not directly benefitted by the services provided by that special service district without the consent of the SERVICE DISTRICT ACT PROnonbenefitted landowners. Any perVIDES, HOWEVER, THAT NO TAX son owning land within the proposed MAY BE LEVIED AND NO BONDS District who fails to protest in writing OF THE DISTRICT WHICH ARE at or prior to the above stated time PAYABLE IN WHOLE OR IN PART and place or within 1 5 days after the FROM TAXES TO BE LEVIED ON conclusion of the hearing that any THE TAXABLE PROPERTY IN THE land so owned will not be directly DISTRICT SHALL BE ISSUED IN benefitted by one or more services to THE FUTURE UNLESS AUTHObe provided by the proposed District RIZED BY A MAJORITY OF THE is thereby estopped from later proQUALIFIED ELECTORS OF THE testing a finding by the Board that DISTRICT VOTING AT AN ELECsaid land will be so benefitted and TION HELD FOR THAT PURPOSE shall be deemed to have consented AS PROVIDED IN THE UTAH SPEto the inclusion of said land within the CIAL SERVICE DISTRICT ACT. boundaries of the proposed District. All interested Any person who within the period parties may appear SOUTHERN UTAH NEWS WEDNESDAY MARCH 13, 1996 specified above (1 ) files a written protest with the County Clerk of Kane County, Utah or filed a written protest, withdrew the protest, and then canceled the withdrawal, and (2) is a qualified voter residing within the proposed District or whose property has been included within the proposed boundaries of the District may, within thirty (30) days after the adoption of the resolution establishing the District, apply to the District Court of the Sixth Judicial District for a writ of review of the actions of the Board in establishing the District. Under Section Utah Code Annotated 1953, as amended, the only grounds upon which a person may apply for a writ of review are that the Public Notice of Bonds to be Issued NOTICE TO WATER USERS The State Engineer received the Notice is Hereby given pursuant to following application (s) to Change Water in Kane County (Locations in the provisions of the Utah Municipal Bond Act, Title SLB&M). 1 1 , Chapter 14, Utah Persons objecting to an application Code Annotated 1 953, as amended, must file a Protest stating the reasons that on February 12,1 996, the Board for the protest. To have a hearing of County Commissioners(the "Board) before the state engineer, persons of Kane County, Utah(the Issuer) must request a hearing in the Protest. adopted a resolution(the Resolution") Protest must be filed in duplicate with in which it authorized the issuance of the state engineer, 1 636 West North the Issuers General Obligation HosTemple, Salt Lake City, Utah 84116, pital Bonds, Series 1 996(the Bonds) on or before April 9, in the aggregate principal amount of 1996. (PROTESTS MUST BE LEGnot to exceed Six Million DoIBLE WITH A RETURN ADDRESS). llars, 000, 000) to bear interest at a These are informal proceedings as rate or rates of not to exceed six and of the Division of one-ha- lf per Rule R655-6-- 2 percent(6.5) per annum, Water in not more than ten(10) to Rights. mature protestors property will not be of from (LEGEND: their date or dates, and to Point(s) years benefitted by one or more of the serof Place DiversionPOD; at UsePOU; a sold be price not less than ninety-nin- e vices to be provided by the District or of UseUSE) Nature thatthe procedures used to establish percent(99) of the total princiS. amount DeRalph thereof, plus accrued inpal the District violated the law. A FAILURE TO TIMELY APPLY Bunting propose(s) to change the terest to the date of delivery. & USE of water as eviThe Bonds, pursuant to the ResoFOR A WRIT OF REVIEW FORE- POD, POU, lution, are to be issued for the purCLOSES THE RIGHT OF OWNERS denced by deeded portion OF PROPERTY OR QUALIFIED A33694aa. pose of (i) acquiring land and conHERETOFORE: QUANTITY: 60.0 structing and equipping a hospital VOTERS 0) 17A-2-1311(- , 85-74- THE DISTRICT TO OBJECT TO THE ESTABLISHMENT OF THE DISTRICT. Any protest signed on behalf of a WITHIN 2, SOURCE: 14 in. well 150 ft. deep. POD: (1) N 1190 E 2220 from W 1 4 Cor, Sec 31 , T40S, R 4 1 2 W. USE: Irrigation: from Mar 1 5 to Nov 15, total acreage 1 2.00 acs, sole supply 12.00 acs. POU: SE 14 NW 14, E 12 SW 14, SW 14 SE 14 Sec 31 , T40S, R4 12W. HEREAFTER: QUANTITY: 60.0 ac-fSOURCE: 8 in. well200ft. deep. . POD: (1 ) S 1 700 E 0 from N 1 4 Cor, Sec 1 5, T42S, R5W. (Dry Lake area, Johnson Canyon) USE: Irrigation: from Mar. 1 5 to Nov. 1 5, total acreage 11.91 acs, sole supply 11.91 acs; Domestic: 1 family. POU: SW 14 NE 14, SE 14 NW 14 Sec 15; SW 14 NE 14 Sec 22, T42S, R5W. ac-f- t. facility and related improvements; and paying issuance expenses to be incurred in connection with the issuance and sale of the Bonds. The Bonds are to be issued and sold by the Issuer pursuant to the Resolution, including as part of said Resolution the draft of a Final Bond Resolution which was before the Board and attached to the Resolution in substantially final form at the time of of the the adoption Bond the Resolution(coliectively, Resolution"), and said Final Bond Resolution is to be adopted by the Board in such form and with such changes thereto as shall be approved by the Board upon the adoption thereof; provided that the principal Robert L. Morgan, P.E. amount, interest rate or rates, matuState Engineer rity and discount of the Bonds will not exceed the maximums setforth above. Published in the Southern Utah News A copy of the Resolution and the on March 13 & 20, 1996. Final Bond Resolution are on file in the office of the County Clerk of Kane Notice to Creditors County, Utah in the County offices in Kanab, Utah, where they may be exTex R. Olsen, No. 2467 amined during regular business hours Olsen & Chamberlain of the County Clerk from 8:00 a.m. to 5:00 p.m. for a period of at least Attorneys for Petitioner 225 North 100 East thirty (30) days from and after the date P.O. Box 100 of publication of this notice. Richfield, Utah 84701 Notice is further given that a period 1 (801)896-446of thirty(30) days from and after the Telephone: date of the publication of this notice is IN THE SIXTH JUDICIAL provided by law during which any DISTRICT COURT person in interest shall have the right OF KANE COUNTY, to contest the legality of the Bond STATE OF UTAH Resolution or the Bonds, or any provision made for the security and payIN THE MATTER OF THE ESTATE ment ofthe Bonds, and that after such OF PEARL OLSEN LITTLE, also time, no one shall have any cause of known as PEARL O. LITTLE, action to contest the regularity, forDeceased mality or legality thereof for any cause (ii) corporation owning property in the proposed District shall be sufficient if it is signed by the president, or any duly authorize, 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. Upon the adoption of the resolution establishing the District, the District shall be a separate body politic and pubcorporate and a lic corporation distinct from Kane County, Utah and each municipality in which the District is located. The Board, however, shall control and have supervisory authority over all activities of the District, except that, as provided by law, the Board may delegate to an administrative control board established under the Utah Special Service District Act, orto designated officers or employees (who may, but need not be, officers or employees of Kane County, Utah) the performance of any such activities and the exercise of any rights, powers and authority of the District, except that the Board may not delegate the powers: (1) to levy a tax on the taxable property of the District; (2) to issue bonds payable from taxes; or (3) to call or hold an election in the District for the authorization of such tax or bonds. Any delegation to an administrative control board may be revoked, in whole or in part, by resolution of the Board. GIVEN by order of the Board of whatsoever. County Commissioners of Kane NOTICE TO CREDITORS Karla Johnson County, Utah, this 26th day of Februof Peal Olsen Little, also Estate Kane County Clerk ary, 1996. O. Little, Deceased Pearl as known Norman Carroll Probate No. 963600004 Published in the Southern Utah News Norman Carroll on February 21, 28, March 6 & 13, Chairman All persons having claims against 1996. Board of County Commissioners Kane County, Utah the above estate are required to Public Notice present them to the undersigned or to Attest: or the Clerk of the Court on before the Karla Johnson I, Don Charles Allen, Jr., am no 6th day of June, 1996, or said claims Karla Johnson longer responsible for any debts inshall be forever barred. County Clerk curred by anyone other than myself, Kane County, Utah Tex R. Olsen, after February 20, 1996. vice-preside- t. quasi-municip- al . SEAL Published in the Southern Utah News ' on March 13, 20 & 27, 1996. Personal Representative Published in the Southern Utah News Published in the Southern Utah News on March 6 and March 13, 1 996. on March 6, 13& 20, 1996. SeeLEGALS, Page 19 . " |