Show ORDINANCE NO 1 AN ORDINANCE AMENDING SECTION Cl OF THE REVISED ORDINANCES OF DELTA CITY (1981 ED) AS AMENDED MAKING TECHNICAL CORRECTIONS TO THE SECTION PROHIBITING DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND ESTABLISHING PROCEDURES AND SETTING STANDARDS FOR MINIMUM BLOOD ALCOHOL CONCENTRATION AND REPEALING SECTION C 10 PROVIDING FOR AN IMPLIED CONSENT TO CHEMICAL TESTS UPON A VIOLATION OF THIS SECTION AND SECTION PROVIDING FOR PLIED CONSENT TO CHEMICAL TESTS TO DETERMINE THE EXISTENCE OF ALCOHOL OR DRUGS IN A PERSON ARRESTED FOR VIOLATION OF THIS SECTION AND ESTABLISHING PROCEDURAL STANDARDS FOR THE SUSPENSION OR REVOCATION OF A DRIVER’S LICENSE The City Council of the City of Delta Utah referred to herein as the "City Council" recites the following as the basis for adopting this ordinance A Delta City has jurisdiction under the laws of the State of Utah to enact dinances the violation of which will subject a person or entity to criminal sanctions and Delta City has exercised said power by adopas set out in the Revised Or- ting ordinances dinances of Delta City (1981 Ed) as amended and other amendments of the City Council B The City Council has heretofore adopted an ordinance prohibiting persons who are under the influence of alcohol drugs or the combined influence of alcohol and drugs from operating vehicles C The City Council desires to prevent any uncertainty as to the intent in applying the of the Revised provisions of dinances of Delta City (1981 Ed) as amended as it relates to the offenses of driving while intoxicated and refusing to submit to a chemical test to determine the existence of alcohol or drugs in a person who has been arrested for a violation of this section D The City Council has determined that it is in the best interests of the residents of Delta City and will promote the health safety and general welfare of Delta City residents to adopt an ordinance clarifying the intent of the standards used to determine the minimum blood alcohol concentration in a person arrested for driving while intoxicated and establishing procedures and standared for the suspension or revocation of a driver’s license upon a violation of this section or a refusal to submit to a chemical test upon arrest as required by this section NOW THEREFORE BE IT ORDAINED by the City Council of the City of Delta Utah: DRIVING WHILE INTOXSection C of the RevisICATED Section ed Ordinances of Delta City (1981 Ed) as mended is hereby amended by a deletion and marked of the material by an overstrike addition of the underlined material to read in its entirety as follows: C WHILE DRIVING INTOXICATED Driving Under the Influence of Alcohol or Drugs: and punishable as a It is unlawful provided in this section for any person to operate or be in actual physical control of a vehicle within this state if the person has a blood or breath alcohol concentration of 08 grams or greater as shown by a chemical test given within two hours after the alleged operation or control or if the person is physical under the influence of alcohol or any drug or the combined influence of alcohol and any drug to a degree which renders the person incapable of safely operating a vehicle The fact that a person charged with violating this section is or has been legally titled to use alcohol or a drug Is not a defense against any charge of violating this section b Alcohol concentration in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath c Every person who is convicted the first time of a violation of subsection a of this section is guilty of a class B misdemeanor But if the person has inflicted a bodily injury upon another as a proximate result of havoperated the vehicle in a negligent manner he is guilty of a class A misdemeanor For the purposes of the standard of this section negligence is that of simple the failure to exercise that negligence degree of care which an ordinarily reasonable and prudent person exercises under like or similar circumstances d In addition to the penalties provided for a subsection c the court ing impose upon a first conviction a mandatory jail sentence of not less than 48 consecutive hours nor more than 240 hours with emphasis on serving in the drunk tank of the jail or require the person to work in a shall work program for not less than 24 hours nor more than 50 hours and in addition to the jail sentence or the work in the work program order the person to participate in an assessment and educational series at alcohol rehabilitation a licensed facility conviction e Upon a seecond within five years after a first convicthe court tion under this section shall in addition to the penalties provided for in subsection c impose a mandatory jail sentence of not less than 240 consecutive hours nor more than 720 hours with emphasis on serving in the drunk tank of the jail or require the person to work in a work program for not less than 80 hours nor more than 240 hours and in addition to the jail sentence or the work in the work program order the person to participate in an assessment and educational series at a licensed alcohol rehabilitation The court may in its discrefacility tion order the person to obtain treatment at an alcohol rehabilitation facility Upon a subsequent conviction within five years after a second conviction under this section the court shall in addition to the penalties provided for in subsection c impose a mandatory jail sentence of not less than 720 nor more than 2160 hours with emphasis on serving in the drunk tank of the jail or require the person to work in a work program for not less than 240 nor more than 720 hours and in addition to the jail sentence or work in the work program order the person to obtain treatment at an alcohol rehabilitation facility No portion of any sentence imposed under subsection c may be suspended and the convicted person is not eligible for parole or probation until any sentence imposed under this section has been served Probation or parole resulting from a conviction for a violation of this section may not be terminated and the department may not reinstate any license suspended or revoked as a result of the conviction if it is a second or subsequent conviction within five years until the convicted person has furnished evidence satisfactory to the department that all fines and fees including fees for restitution and rehabilitation costs assessed against the person have been paid f The provisions in subsection d and e that require a sentencing court to order a convicted person to: participate in an assessment and educational series at a licensed alcohol rehabilitation facility obtain in the discretion of the court treatment at an alcohol rehabilitation facility or obtain mandatorily treatment at an alcohol rehabilitation facility or do any combination of those things apply to a conviction for a violation D that qualifies of subsection as a prior offense under subsection g hereof The court is required to render the same order regarding education or treatment at an alcohol rehabilitation facility or both in connection with a first second or subsequent conviction under subsecD that qualifies as a tion prior offense under subsection g as the court would render in connection with applying respectively the first second or subsequent conviction quirements of subsections d and e For purposes of determining whether a conviction under subsection D which qualified as a prior conviction under subsection g is a first second or subsequent conviction under this subsection a previous conviction under either subsection C or D is considered a prior conviction Any alcohol rehabilitation program and any or other education program provided for in this section shall be approved by the Department of Social to Services g (i) When the prosecution agrees a plea of guilty or no contest to a charge of a violation of subsection D in satisfaction of or as a substitute for an original charge of a violation of this section the prosecution shall state for the record a factual basis for the plea including whether or not there had been consumption of alcohol or drugs or a combination of both by the defendant in connection with the offense The statement shall be an offer of proof of the facts which shows whether or not there was consumption of alcohol or drugs or a combination of both by the defendant in connection with the offense the (ii) The court shall advise defendant before accepting the plea offered under this subsection of the a violation of consequences of D as follows If subsection the court accepts the defendant’s plea of guilty or no contest to a charge of D subsection and violating the prosecutor states for the record that there was consumption of alcohol or drugs or a combination of both by the defendant in connection with the offense the resulting conviction is a prior offense for the purpose of subsection e The court shall notify the (iii) department of each conviction of is a D which subsection offense for the purposes of prior subsection e h A peace officer may without a warrant arrest a person for violation of this section when the officer has probable cause to believe the violation has occurred although not in his presence and if the officer has probable cause to believe that the violation was committed by the person Section 2 IMPLIED CONSENT TO CHEMICAL TESTS FOR ALCOHOL OR C 10 of the RevisDRUG Section ed Ordinances of Delta City (1981 Ed) as amended is hereby repealed The following provision is hereby adopted as Section C 10 of the Revised Ordinances of Delta City (1981 Ed) as amended C10 IMPLIED CONSENT TO CHEMICAL TESTS FOR ALCOHOL OR DRUG lOa A person operating a motor vehicle in Delta City is considered to have given his consent to a chemical test or tests of his breath blood or urine for the purpose of determining whether he was operating or in tual physical control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited or while under the influence of alcohol any drug or combination of alcohol and any drug as detailed C if the test is subsection are administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual control of a motor vehicle physical while having a blood or breath alcohol content statutorily prohibited or while under the influence of alcohol any drug or combination of alcohol and any drug under 32 C subsection The peace ofwhich of the tests are ficer determines administered and how many of them are administered If any officer quests more than one test refusal by a person to take one or more tests even though he does quested submit to any other requested test or tests is a refusal under this section A person who has been requested under this section to submit to a chemical test or tests of his breath blood or urine may not select the test or tests to be administered The failure or inability of a peace officer to arrange for any specific test is not a defense with regard to taking a test requested by a peace officer and it in or tests civil in any criminal administrative proceeding from a person’s refusal to submit to the requested test or tests b If the person has been placed under arrest and has then been quested by a peace officer to submit to any one or more of the chemical tests under subsection a of this tion and refuses to submit to the chemical test or any one or all of the tests requested the person shall be warned by a peace officer requesting the test or tests that a refusal to submit to the test or tests can result in revocation of his license to operate this wara motor vehicle Following unless te person immediately ning requests the chemical test or tests as offered by a peace officer be ministered no test may be given A peace officer shall serve on the person on behalf of the Driver’s License Division (hereinafter referred to as "division") immediate notice of the division’s intention to revoke the person’s privilege or license to operate a motor vehicle If the officer serves notice on behalf of the the immediate is not a defense or resulting division he shall: (i) Take the Utah license certificate or permit if any of the operator (ii) Issue a temporary license effective for only 30 days and (iii) Supply to the operator on a basic form approved by the division information regarding how to obtain A citaa hearing before the division tion issued by a peace officer may if approved as to form by the diviserve also as the temporary sion license The peace officer shall submit a signed report within five days after the date of the arrest that he had grounds to believe the arrested person had been operating or was in actual physical control of a motor while vehicle having a blood or breath alcohol content statutorily prohibited or while under the fluence of alcohol or any drug or combination of alcohol and any drug and under subsection that the person had refused to submit to a chemical test or tests under subsection a of this section c Any person who is dead unconscious or in any other condition rendering him incapabe of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent provided for in subsection a of this section and the test or tests may be administered whether the person has been arrested or not d Upon the request of the person who was tested the results of the test or tests shall be made available to him Only a physician registered practical nurse or person subsection under authorized UCA (1953 Ed) as amended acting at the request of a peace officer may withdraw blood to determine the alcoholic or drug content This limitation does not apply to the taking of a urine or breath specimen Any physician nurse practical nurse or registered person authorized under subsection who at the direction of a peace officer draws a sample of blood from any person whom a peace officer has reason to believe is driving in violation of this chapter or hospital or medical facility at which the sample is drawn is mune from any civil or criminal liability arising from drawing the if the test is administered sample cording to standard medical practice f The person to be tested may at his own expense have a physician of his own choice administer a chemical test in addition to the test or tests ministered at the direction of a peace officer The failure or inability to obtain the additional test does not affect admissibility ofthe results of the test or tests taken at the direction of a peace officer or preclude or delay the test or tests to be taken at the direction of a peace officer The ditional test shall be subsequent to the test or tests administered at the direction of a peace officer g For the purpose of determining whether to submit to a chemical test or tests the person to be tested does not have the right to consult an torney or have an attorney physician or other person present as a condition for the taking of any test h If a person under arrest refuses to submit to a chemical test or tests or any additional test under this tion evidence of any refusal is adin any civil or criminal missible tion or proceeding arising out of acts while alleged to have been committed the person was operating or in actual control of a motor vehicle physical alcohol of while under the influence or any drug or combination of e nurse alcohol and any drug Section 3 EFFECTIVE DATE This dinance shall become effective upon publication Section 4 PUBLICATION This ordinance is ordered published in the Millard County Chronicle Progress a newspaper having general circulation within the City of Delta Utah Section 5 SEVERABILITY In the event that any provision of this ordinance less than the entire ordinance is held invalid by a court of competent jurisdiction this ordinance shall be deemed severable and such finding of invalidity shall not affect the remaining portions of this ordinance Section 6 REPEAL OF CONFLICTING ORDINANCES To the extent that any ordinances resolutions or policies of the ty of Delta conflict with the provisions of this ordinance they are hereby amended to be in accordance with the provisions hereof PASSED AND ADOPTED this day of 1987 RUTH HANSEN Mayor Attest: DOROTHY JEFFERY City Recorder Published in the Millard County Chroni1987 cle Progress Oct ORDER TO SHOW CAUSE Probate No IN THE FOURTH JUDICIAL DISTRICT COURT MILLARD COUNTY STATE OF UTAH In the Matter of the Adoption of MICHELE ANN ALEXANIAN VICTOR JAMES ALEXANIAN and AIMEE MARIE ALEXANIAN Minor children Upon reading the Motion for Order to Show Cause and Affidavit of Julie Ann Johnson on file herein and for good cause shown IT IS HEREBY ORDERED that Michel Alexanian show cause before this Court at the Millard County Courthouse 60 South Main Fillmore Utah on Wednesday the 28 day of October 1987 at the hour of 10:00 AM or as soon thereafter as the hearing can be held why an Order should not be entered against him declaring that he has abandoned his minor children Michele Ann Alexanian Victor James Alexanian and Aimee Marie Alexanian by virtue of his failure to provide support for the said minors since September 1978 and his failure to have any contact with the said minors for over a year and further to show cause if any why the Petition for Decree of Adoption of Rodger K Johnson and Julie Ann Johnson on file herein should not be granted DATED this 22 day of July 1987 s George E Ballif DISTRICT JUDGE Published in the Millard County Chronicle Progress Sept 24 Oct 8 & 15 1987 Notice There will be a public meeting to discuss the following ordinances change on Oct 1987 at 8 pm in the Town Hall It is proposed to the people of Holden Town that a change be made in residential building lot size The change would be from 58 acre to 12 acre The results of this tion will determine the action taken by the city council This ordinance change will appear on the Nov election ballot for your vote Published in the Millard County Chroni1987 24 & Oct cle Progress Sept Notice The candidates for the two Holden Town Councilmen positions for the Nov 3 1987 election are: Ken Tuttle Kelly Tuttle Ken Jackson Ted Bennett Published in the Millard County Chroni& 8 1987 cle Progress Oct Public HearingMeeting Date Change Notice is hereby given that the Hinckley Town Council will conduct a public hearing in conjunction with the Regular Council meeting on October 6 1987 to receive comment on a proposed change of Zoning classification The hearing will start at 7:30 pm at the Town Hall It is proposed to at 140 change the classification requirements East 100 North Hinckley to side setback of 8' and front setback to 28' to accommodate a hardship request The change is for this property only not as a change in the overall Ordinance Published in the Millard County Chroni1987 cle Progress Oct Millard County USPS NOTICE OF TRUSTEE’S SALE real property will described The following be sold at public auction to the highest bidder without warranty as to title possession or encumbrances at the front steps of the Fillmore Millard County Courthouse Utah on the 20th day of November 1987 at 12:00 o’clock noon of said day: Real situate Certain That Property in the County of Millard State of Utah described as follows: BEGINNING 90 feet West of the Southeast corner of Lot Block 49 Plat A DELTA TOWNSITE thence North 120 feet thence West 7875 feet thence South 120 feet thence East 7875 feet to the point of BEGINNING as known Commonly East 100 South Delta Utah 84624 The Trust Deed being foreclosed by these trust deed foreclosure proceedings is dated June 26 1985 and was ecuted by J GORDON JOHNSON and PAT JOHNSON husband and wife and BERT C JOHNSON and NINA A JOHNSON husband and wife as Trustor and in favor of WESTERN MORTGAGE the present LOAN CORPORATION The present owners are reported Beneficiary to be J GORDON JOHNSON and PAMELA A JOHNSON The purchase price is payable in lawful money of the United States of America Dated the 11th day of September 1987 Paul M Halliday Successor Trustee 455 East 400 South Suite 202 Salt Lake City Utah 84111 Telephone: File Published cle Progress in the Sept 8378 No Millard County & 8 24 Oct Chroni1987 Notice A board meeting of the Millard County Water District will be held Oct Conservancy 1987 at 7:00 pm at the Water Office 5 West 100 North Delta Utah The agenda for the meeting: Approval of minutes of previous meeting 2 Approval of Budget for the Year 1988 3 Such other appropriate business as may be brought before the Board of Directors PW Warnick Secretary Published in the Millard County Chroni24 & Oct cle Progress Sept 1987 1000 SUMMONS Civil No 8283 349 - 520 Thurs Oct I THE FOURTH DISTRICT COURT OF MILLARD COUNTY STATE OF UTAH THE MATTER OF THE ESTATE OF KEITH ROSS Deceased Donna Faye Ross of 291 North Center Delta Utah 84624 has been appointed Personal Representative of the Estate of the above named decedent Creditors of the Estate are hereby notified to present their claims to the undersigned or to the Clerk of the Court within three (3) months after the date of the first publication of this Notice or be forever barred DATE OF FIRST PUBLICATION: Sept 24 1987 Dated 605 The following described property will be public auction to the highest bidder in lawful money of the United States at the time of sale on the front steps of the Millard County Courthouse Fillmore Utah on October 29 1987 at the hour of :00 am of said day for the purpose of a trust deed dated September 6 foreclosing 1983 executed by Paul R Stoker and B Stoker as Trustors covering Kathleen real property located at Deseret Rt 4435 So 4000 West Delta Millard County Utah and more particularly described as follows: BEGINNING 3435 FEET NORTH AND 495 FEET EAST OF THE SOUTHWEST CORNER OF SECTION 33 TOWNSHIP 17 SOUTH 7 WEST SALT RANGE LAKE BASE AND MERIDIAN THENCE NORTH HI FEET THENCE NORTHEASTERLY 624 FEET THENCE SOUTH 281 FEET THENCE WEST 594 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM: ALL THAT PORTION LYING WITHIN THE BOUNDARY OF THE sold at payable SEVIER RIVER EXCEPTING THEREFROM: ALL THAT PORTION LYING WITHIN THE STATE HIGHWAY RIGHT OF Dated WAY this 22 day of September 1987 BACKMAN TITLE COMPANY Successor Trustee David Published Progress Oct cle B Millard County in the 8 & 15 Boyce Chroni- 1987 Sealed Bids Separate sealed bids for the construction of approximtely 9000 feet of 4 inch water main 2500 feet of 3 inch water line and related appurtenances will be received by Oak City at 50 West Center Oak City until 3:00 pm October 9 1987 The bids will be publicly opened and read aloud Copies of the contract documents may be obtained at the office of Oak City or Bush and Gudgell located at 555 S 300 W Salt Lake City Utah Oak City Town Clerk in the Millard County ChroniPublished cle Progress September 24 and October 1987 Lynndyl City Incumbent Connie Best Clair Overson 4 years 4 years vs 1987 Keith W Meade RAPPAPORT & SEGAL 66 Exchange Place Salt Lake City Utah 84111 Telephone: (801) Published in the Millard County Chronicle Progress Sept 24 Oct 8 & 15 1987 Box NOTICE OF TRUSTEE’S SALE SLBM day of September day of September 1987 Donna Faye Ross Personal Representative 291 North Center Delta Utah 84624 Eldon A Eliason Attorney for the Estate 17th PO vs 15 this Delta Utah 84624 Publication to be in Millard County Chronicle Published in the Millard County Chroni24 Oct & 8 1987 cle Progress Sept in R6W 11 IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR MILLARD COUNTY STATE OF UTAH ROBERT KOESTER dba KOESTFR LAND COMPANY Plaintiff DATED this - Page IN IN M GEROGE A MOWER and DOROTHY MOWER and all others claiming an interest certain property described herein Defendants THE STATE OF UTAH TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to file an answer in writing to the Complaint in this matter which Complaint is on file with the Cledk of the Court or may be obtained from plaintiffs counsel and to serve upon or mail to the Clerk of the above entitled court and Keith W Meade Plaintiff’s attorney 66 Exchange Place Salt Lake City Utah 84111 a copy of your answer within twenty (20) days after the date of the last publication of this Summons If you fail to do so judgment by default will be entered against you terminating your interest in the property described hereinafter and quieting title to the same in the plaintiff The property located in Millard County Utah is described as follows: The E of the SW ' and the W T18S of the SE Section 1987 NOTICE TO CREDITORS and ANNOUNCEMENT OF APPOINTMENT Beverly Dutson - 4 years Kent Hughes - 2 years COHNE cle Millard County in the Published Progress Chroni- 1987 Oct Checking Your Chances HOME selling at substantially below Thousands of dollars in extras Brick 4 level split landscaped home in White Sage ceiling Bay widow vaulted French doors oak cabinets etc $69900 ask for Sharon after 5 call NEW cost BEAUTIFUL NEW 3 bdrm home for sale or rent: Juniper Heights Ph Leamington 3 bdrm 101-- RETIREMENT HOME FOR SALE: 2 bdrm house plus 2 bdrm trailer 9 acres new well fruit trees 2 miles new fence from Delta $45000 27’ down or $40000 for more into cash Call Newton’s Apple is the awardwinning PBS science series Odds over watching it can be your chance to understand chance Q In games of chance what are the odds of winning? A According to researchers from Newton’s Apple if you have a three the odds of window slot machine getting a seven in one window is one in 20 in two windows one in 400 (120x120) and in all three 1 in 8000 (120x120x1 "20 By understanding the laws of probability casino owners can anticipate and calculate the yield they'll get from any form of gambling Even though a chance event over gambling’s the largf numbers of transactions relilaws of probability are very able! and reliably profitable for most casino owners REDUCED THE PRICE IOR QUICK SALE: Split level 4 bdrm 2 showers I full bath large family room living room yard with sprinkler landscaped fruit trees lots of storage & many 2 car garage system extras Located at or Ph 464 E 250 No Della Will build on your lot or ours Call or 9 OR TRADE: St George 3 bdrm One block from Temple W ill trade for home in Delta or will sacrifice to sell Phone 9 SELL home "8pd V Pendray Construction pd REPO acres including 24x60 doublewide mobile home (needs repair) also includes well septic tank elec hookups & additional RV pad Was $16900 $14900 NOW $12900! 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