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Show I public notices! public Notice Advertising Protects I Your Right to Know NOTICE OF SALE Civil No. 10367 S9 Western Farm Credit Bank, uccessor in interest by merger to ederal Land Bank of Sacramento. Lavlaintiff. vs. Melvin B. Miller and larlene J. Miller; United States of vork .merica, acting through the Ad-ar Ad-ar linistrator of the Farmers Home dministration, U.S. Department f Agriculture; Dixie State Bank. i successor in interest to Bank of on County; South Fork of the evier Water Users Association; id Arthur Bud Herseth, Defen- l mjo Be Sold At Sheriffs Sale, at ne nejje front steps of the Garfield e the buntv Courthouse, 55 South s of 7th day of August, 1989, at 1 e drei'clock p.m. on said day that cer-ookaiiin cer-ookaiiin rea! property and watej; rights " Seated in Garfield County, State of ssingtftah, together with certain personal roperty used in connection with himt icri real property, which real B roperty, water rights and personal efoperty are more particularly de-isunribed de-isunribed as follows: i w The real property and water ehts are described as follows: e to rT Parcel 1: The West half of the KjokJorthwest Quarter of Section 20, township 34 South Range 5 nlest. Salt Lake Base and Meridian. saw Parcel 2: The Southwest Quarter ant 'f the Southwest Quarter of Secuon Sec-uon 27,. Township 33 South. xked:ange 5 West, Salt Lake Base and whylendiaa 3 Begi jng at -h 3ur outheast corner of Section 28, ownship 33 South, Range 5 est, Salt Lake Base and Meridian; lence North 20 chains: thence est 11 chains; thence South 14 hams; thence West 16 chains; .lence South 6 chains; thence East ay: f:7 chains to the point of t thevleginning. ' Parcel 4: Beginning .at the ' lortheast comer of Section 33. 1 ids'ownsnip 33 South, Range. 5 all est, Salt Lake Base and Meridian; , Jience West 30 chains; thence worlouth 20 chains; thence East 30 on ahains; thence North 20 chains to .. ?. ihe Doint of Beginning. ' " ' Parcel 5: The Northwest Quarter ' Easf the Southwest Quarter of Sec-f Sec-f I cion 34. Township 33 South. , A .ange 5 West, Salt Lake Base and m Meridian. Pleas Parcel 6: Beginning at the Jorthwest corner of the Southwest Quarter of the Southwest Quarter of rjection 34, Township 33 South, "Jiange 5 West, Salt Lake Base and Twendian; thence East 20 chains to 1 he Northeast corner of the South-Fppyest South-Fppyest Quarter of the Southwest ?g)uarter; thence North 20 chains; EPfinence East 10 chains; thence outh 26 23 chains; thence West l5 0 chains; thence North 6 23 "M hains to point of Beginning. Brut Excepting Therefrom all oil, gas , ","nd other minerals together with 'flwe right of ingress ana egress for tie purpose ofexploring andor re-n re-n noving the same. IDfllL Parcel 7: The East half of the flmfortheast Quarter of the Southwest juarter; the Northwest Quarter of Me Southeast Quarter; the north hird of the Southwest Quarter of ie Southeast Quarter; the East half f the North third of the Southeast Juarter of the Southwest Quarter of ection 34, Township 33 South, iange 5 West, Salt Lake Base and lendian. Excepting Therefrom 12 of all ill. gas, petroleum, naptha. other lydrocarbon substances and other ninerals of what ever kind or na-iM,ire, na-iM,ire, together with the right of Vyngress and egress for the purpose i exploring andor removing the Together With 237 Shares of 4cEwen Canal Company Stock. .90.89 Shares of Long Canal .-company. Primary Stock, and 85.17 Shares of Long Canal -ompany Secondary Stock, and iny and all other water and water ignts, ditches and ditch rights, lat-4 lat-4 srals and lateral rights, conduits and :.onduit rights, pipes and pipe lghts, reservoir and reservoir rights ippuijenant to, associated with, or ised on the above described real iroperty, and all pumping plants iseoin connection therewith. .The personal property is de-nfffcnbed de-nfffcnbed as follows: lur . One (1) five-inch Wheel Roll -dfeine, 1960 feet in length, with luTrunnell Mover, 7-foot wheels, nii'Pnrler heads, and connections, w' ncluding all replacement parts or additional equipment which may v1ereafter be acquired for use in con-xnLuncuon con-xnLuncuon with the irrigation system l,"ierein described. ii7rLoate(Uhls 12th day of July, WH989, at Panguitch, State of Utah. ( Robert Judd 10 , Garfield County , fti Sheriffs Department r, - L . 'i State of Utah ntrPu,bllhed m, the Garfield Aug 1989 S Uly 20' 27, and ' NOTICE TO J CONTRACTORS Sealed proposals will be received Wy the Utah Department of Trans-jprtation Trans-jprtation UDOTDPS Building ir 2nd Floor), 4501 South 2700 l,ySVest, Salt Lake City, Utah, 84119, afllintil 2 o'clock p.m. Tuesday, Au-" Au-" just 15, 1989, and at that time gflDublicly opened for Underground Itorage Tank Testing inTCane, ofj3arfield, Sevier, Wayne and San-.pete San-.pete Counties, the same being that Ufjsection of Maintenance Stations u"21, 322, 324, 331, 333, and 334 identified as State Maintenance Protect No. Sp-1783. The principal items of work are approximately as follows: Line 1 Testing, 7 Locations; Tank Testing. Test-ing. Iff Each. S vlne project is to be completed by October 27, 1989. Proposal forms, plans, and specifications are on file in the office of-fice of the Utah Department of Transportation, Salt Lake City, and the office of its District Director at Richfield, Utah, where they may be reviewed by prospective bidders. .Specifications, proposal forms, and Plans may be obtained only at the Department Offices at Salt Lake LUy, upon application and payment pt a fee of $5, none of which will berefunded. ' Each bidder must submit a bid 2 bond from an approved surety company com-pany on iorrre? pipvidbjf rftfje-partrnent; rftfje-partrnent; or in lieu thereof, cash, certitied check, or cashier's check lor not less than 5 of the total amount of the bid, made payable to the Utah Department of transportation, as evidence of good faith and a guarantee that if awarded the contract, the bidder will execute the contract and furnish the contract bonds as required. The right to reject re-ject any or all bids is reserved. Any additional information may be secured at the office of the Utah Department of Transportation. Dated this 29th day of July, 1989. Utah Department , of Transportation E.H. Findlay, CPA, Director . Published in the Garfield County News August 3, 1989. Garfield County Ordinance No. 1989-1 An Ordinance Amending And Re-Enacting Ordinance No. 1986-4, A Tlood Damage Dam-age Prevention Ordinance For Garfield County, Utah. The Board of County Commissioners Commis-sioners of Garfield County, State of Utah, ordains as follows: . Section 1.0: Statutory Authorization, Autho-rization, Findings Of Fact, Purpose And Objectives 1.1 Statutory Authorization The Legislature of the State of Utah has, in Utah Code Annotated Section 17-5-77, delegated the responsibility re-sponsibility to. counties to adopt ordinances designed to promote the public health, safety, and general welfare of their citizenry. 1.2 Findings Of Fact (1) The flood hazard areas of Garfield County, State of Utah, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary pqblic expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health,safety ana general welfare. (2) These flooa losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately inade-quately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 1.3 Statement Of Purpose It is the purpose of this ordinance ordi-nance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas, by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control con-trol projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken under-taken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public pub-lic facilities and utilities such as water and gas mains, electric, telephone tele-phone and sewer lines, streets, and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base oy providing for the sound use and development of areas of special flood hazard, so as to minimize future fu-ture flood blight areas; (7) To insure that potential buyers buy-ers are notified that property is in an area of special flood hazard: and, (8) To ensure that those who occupy oc-cupy the areas of special flood hazard haz-ard assume responsibility for their actions. 1.4 Methods Of Reducing Flood Losses In order to accomplish its purpose, pur-pose, this ordinance includes methods meth-ods and provisions for (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water pr erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable vulnera-ble to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, chan-nels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. Section 2.0: Definitions Unless specifically defined below, be-low, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. J u. Area ot special noou nazaru means the land in a floodplain within the county subject to a one-percent one-percent or greater chance of flooding in any given year. "Base flood means the flood having a one-percent chance of being equalled or exceeded in any given year. "Development means any man-made man-made change to improved or unimproved unim-proved rcafestate, including but not limited to buildings or other structures, struc-tures, mining, dredging, filling, Grading, paving, excavation or rilling operations located within the area of special flood hazard. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal water, andor (2) The unusual and rapid accumulation accu-mulation or runoff of surface waters from any source. "Flood Insurance Rate Map (FIRM)" means the official map of the County on which the Federal Emergency Management Agency has delineated areas of speciarflooa hazard designated as Zone A. "Manufactured Home, means a structure, transportable in pne or ,-more sections, which is built on a 'permanent chassis and is designed For use with or without a permanent loundation when connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecu-Uve consecu-Uve days. "Structure" means a walled and roofed building or manufactured home that is principally above ground. "Substantial improvement" means any repair reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before be-fore the damage occurred. For the purpose of this definition, substantial improvement" is considered con-sidered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external exter-nal dimensions of the structure. The term does not, however, include in-clude either (1) any project for improvement of a structure to comply with existing State or local health, sanitary sani-tary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Section 3.0 General Provisions 3.1 Land To Which This Ordinance Ordi-nance Applies This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Garfield County, Ut4hA 3.2 Basis For Establishing The Areas Of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), dated August 5, 1986, is adopted by reference ref-erence and declared to oe a part of this ordinance. The FIRM is on file at the office of the Garfield County Building Inspector at the Garfield County Courthouse in Panguitch, Utah. 3.3 Compliance No structure or land shall hereafter here-after be constructed, located, extended, ex-tended, or altered without full compliance com-pliance with the terms of this ordinance ordi-nance and other applicable regulations. regula-tions. 3.4 Abrogation And Greater Restrictions Re-strictions This ordinance is not intended to repeal, abrogate, or impair any existing ex-isting easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restric tion conflict or overlap, whichever imposes the more stringent restrictions restric-tions shall prevail. 3.5 Interpretation In the interpretation of this ordinance, ordi-nance, all provisions shall be: (1) Considered as minimum requirements; re-quirements; (2) Liberally construed in favor of the governing body; and. (3) Deemed neither to limit nor repeal any other powers granted under un-der State statutes. 3.6 Warning And Disclaimer Of Liability The degree of flood protection required oy this, ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land or permitted uses outside the areas of special flood hazards, or land uses permitted within such areas of flood hazards, will be free from flooding or flood damages. This ordinance shall not create liability on the part of Garfield County, any officer or employee em-ployee thereof, or the Federal Emergency Management Agency, for any flood damages that may result re-sult from reliance on this ordinance, or any administrative decision lawfully law-fully made thereunder. Section 4.0: Administration 4.1 Establishment Of Development Develop-ment Permit A Development Permit shall be obtained before construction or development de-velopment begins within any area of special flood hazard established in Section 3.2 Application for a Development Permit shall be made on forms furnished by the Garfield County Building Inspector, and may include, but not be limited to: plans in duplicate drawn to scale, showing the nature, location, dimensions, di-mensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, and drainage faciliucs; and the location loca-tion of the foregoing. Specifically, the following information is required: re-quired: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures: struc-tures: (2) Elevation in relation to mean sea level to which any structure has been flood-proofed; (3) Certification by a registered Brofcssional engineer or architect mt the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in section 5.2-2; and, (4) Description of the extent to which any watercourse will be altered al-tered or relocated as a result of proposed pro-posed development. 4.2 Designation Of The Building Inspector The Garfield County Building Inspector is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 Duties And Responsibilities Of The Building Inspector Duties of the Garfield County Building Inspector shall include, but not be limited to: 4.3-1 Permit Review (1) Review all development permits per-mits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits per-mits to determine that all necessary permits have been obtained from those Federal, State or local governmental gov-ernmental agencies from which prior approvafis required. (3) Review all development permits per-mits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this ordinance, adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical physi-cal changes of the channel and the adjacent overbank areas. (i) If it is determined that there is no adverse effect, and the development develop-ment is not a building, then the Fiermit shall be granted without urther consideration. (ii) If it is determined that there I is an adverse effect, then technical justification (i.e., a registered professional pro-fessional engineer's cemficationT for the proposed development shall be required. . (iii) If the proposed development is a building, then the provisions of this ordinance shall applv. 4.3-2 Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with section 3.2, Basis For Establishing: Estab-lishing: The Areas Of Special Flood Hazard, the Building Inspector shall obtain, review, andrcasonably utilize uti-lize any base flood elevation data available from a Federal, State, or other source as criteria for requiring that new construction, substantial improvements, or other development develop-ment in Zone A are administered in accordance with Section 5.2, Specific Spe-cific Standards. 4.3-3 Information to be Obtained and Maintained (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially substan-tially improved structures, and whether or not the structure contains con-tains a basement. (2) For all new or substantially improved flood-proofed structures: (i) verify and record the actual elevation (in relation to mean sea level) to which the structure has been flood-proofed. (ii) maintain the flood-proofing certifications required in Section 4.1 (3). (3) Maintain for public inspection inspec-tion all records pertaining to the provisions of this ordinance. 4.3-4 Alteration of watercourses (1) Notify adjacent communities, and the State Division of Comprehensive Emergency Management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (2) Require that maintenance is provided within the altered or relocated relo-cated portion of said watercourse, so that the flood carrying capacity is not diminished. 4.3-5 Interpretation of FIRM Boundaries Make interpretations, where needed, as to the exact location of the boundaries of the areas of special spe-cial flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual ac-tual field conditions). Section 5.0: Provisions For Flood Hazard Reduction 5.1 General standards In all areas of special flood hazards haz-ards the following standards are required: re-quired: 5.1-1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, col-lapse, or lateral movement of the structure, and capable of resisting the hydrostatic and hydrodynamic loads. (2) All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of the over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring, requirements for resisting re-sisting wind Torces. Specific requirements re-quirements may be: (i) over-the-top ties be provided at each of the four corners of the manufactured home, with two additional addi-tional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side: (ii) frame ues be provided at each corner of the home with five additional addi-tional ties per side at intermediate points, with manufactured home less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring an-choring system be capable of carrying carry-ing a force of 4,800 pounds; and, (iv) any additions to the manufactured manu-factured "home be similarly anchored. an-chored. 5.1-2 Construction materials and methods (1) All new construction and substantial improvements shall be constructed with materials and utility util-ity equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. dam-age. (3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air con-didoning con-didoning equipment and other service ser-vice facilities that are designed andor located so as to prevent water from entering or accumulating within the components during conditions con-ditions of flooding. 5.1-3 Utilities (1) All new and replacement wa-ter wa-ter supply systems shall he de- signed to minimize or eliminate infiltration of flood waters into the system- (2) New and replacement sanitary sewage systems snail 'e designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On-site waste disposal systems sys-tems shall be located to avoid impairment im-pairment to them or contamination from them during flooding. 5.1-4 Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas. electrical, and water systems located and constructed to minimize flood damage; (3j All subdivision proposals shall have adequate drainage provided pro-vided to reduce exposure to flood damage-and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development devel-opment which contain at least 50 lots or 5 acres (whichever is less). 5.1- 5 Encroachments Encroachments, including; fill, new construction, substantial improvements, im-provements, and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments encroach-ments will not result in any increase in-crease in flood levels during the occurrence oc-currence of the base flood discharge. 5.2 Specific Standards In all areas of special flood hazards haz-ards where base flood elevation data has been provided, as set forth in Section 4.3-2, Use of Other Base Flood Data, the following standards arc required: 5.2- 1 Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, (including basement) elevated to or above base flood elevation. 5.2-2 Nonresidential Construction Construc-tion New construction and substantial improvement of any commercial-industrial commercial-industrial or other nonresidential structure shall either have the lowest low-est floor (including basement), elevated ele-vated o the level of the base flood elevation; or, together with attendant atten-dant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water, wa-ter, (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, (3) be certified by a registered professional engineer or architect that the design and methods of construction con-struction are in accordance with accepted ac-cepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in Section 4.3-3 (2). Section 6.0: Penalties Any person violating any of the & revisions of this ordinance shall e deemed guilty of a Class B Misdemeanor. Mis-demeanor. Section 7.0: Validity If any one or more sections, sentences, clauses or parts of this ordinance shall, for any reason, be held invalid by a Court of competent compe-tent jurisdiction, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance, but shall be confined in its operation to the specific sections, sec-tions, sentences, clauses or parts of this ordinance so held invalid; and the inapplicability or invalidity of any secuon sentence, clause or part of this ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this ordinance in any other instance. Section 8.0: Authorization And Direction To County Officials The Garfield County Clerk shall certify to the adoption of this ordinance, ordi-nance, and cause the same to be published, and the officers and officials offi-cials of Garfield County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. or-dinance. Section 9.0: Repealer Any previously enacted ordinances ordi-nances or parts thereof which are inconsistent with this ordinance are hereby repealed, but only to the extent ex-tent that they are inconsistent with this ordinance. The repealer shall not, however, be construed to revive any ordinance heretofore repealed. Section 10.0: Effective Date Of Ordinance This ordinance, after its passage and approval and upon one publication publica-tion in a newspaper published and having general circulation in Garfield County, Utah, shall become be-come effective immediately. Passed. Approved, and Ordered Published this 26th day of June, Thomas V. Hatch, Chairman Garfield County Commission Attest Hazel W. Rich Garfield County ClerkAuditor Commissioners voting "Aye": Thomas V. Hatch, Louise Lton, Sherrell Ott. Commissioners voting "no": none State of Utah County of Garfield I. Hazel W. Rich, the duly qualified and acting County Clerk of Garfield .County, State of Utah, and ex-officio Clerk of the Board of County Commissioners of said County, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance adopted by the Board of County Commissioners of Qarfield County, Utah, at a meeting duly held thereby on the 26th day of June, 1989. and that said Commissioners voted as above set forth and described for the passage of said Ordinance, and that no Commissioners Commis-sioners voted against its passage. , Hazel W6Rich Garfield County ClerkAuditor Published in the Garfield County News August 3, 1989. |