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Show GARFIELD COUNTY ORDINANCE NO. 1996-1 AN ORDINANCE IMPOSING A ONE PERCENT COUNTY TOURISM. RECREATION, CULTURAL CUL-TURAL And convention . FACILITIES TAX ON ALL PREPARED PRE-PARED FOOD AND BEVERAGES BEVER-AGES SOLD BY RESTAURANTS RESTAU-RANTS IN GARFIELD COUNTY, STATE OF UTAH, AND PROVIDING PRO-VIDING PENALTIES FOR VIOLATION VIO-LATION OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS COM-MISSIONERS OF GARFIELD COUNTY. STATE OF UTAH, AS FOLLOWS: SECTION 1. TITLE. This Ordinance Shall be known as the "TOURISM. RECREATION, CULTURAL AND CONVENTION CON-VENTION FACILITIES TAX ORDINANCE OF GARFIELD COUNTYSTATE OF UTAH." SECTION 2. PURPOSE. At the 1990 General Session, the 48th Utah State Legislature passed a Bill authorizing Counties of the State of Utah, in addition to other uixcs, including in-cluding sales, use and transient room taxes, to impose a tourism, recreation, cultural and convention tax not to exceed One Per Cent (1) of all sales of prepared foods and beverages sold by restaurants. The purpose of this Ordinance is to enact and impose such a tax as a means to foster the development of tourism, recreation, cultural, and convention facilities in order to further the welfare of the citizens of Garfield County and the economic growth of Garfield County. SECTION 3. DEFINITIONS. As used in this Ordinance: A. "Restaurant" includes any coffee shop, cafeteria, luncheonette, soda fountain, or fast-food service where food is prepared for immediate imme-diate consumption. B. "Restaurant" does not include in-clude any retail establishment whose primary business or function is the sale of fuel or food items for off-premises, but not immediate, consumption. C. "Terson" includes any individual, indi-vidual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, syn-dicate, or any group or combination oilinn no t nnif atunu a3 a unit. SECTION 4. EFFECTIVE '. DATE. This Ordinance shall be-; be-; come effective at 12:01, o'clock, A.M., on January 1, 1996. SECTION 5. IMPOSITION OF TAX. A. From and after the effective : date of this Ordinance, there is hereby imposed and levied, and there shall be collected and paid, in : addition to any other taxes, including, includ-ing, but not limited to, the Uniform Local Sales and Use Tax and the Transient Room Tax, a Tourism Recreation, Cultural and Convention Tax, not to exceed One Per Cent (1) of all sales of prepared pre-pared foods and beverages that are sold by restaurants in Garfield , County, State of Utah. B. (1). Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of Part 6, Chapter 12, Title 59, Utah Code Annotated (1953, as amended), all of the provisions of Part 1, Chapter 12. Title 59. Utah Code Annotated (1953. as amended), TAX COLLECTION, as amended, and in force and effect on the effective date of this Ordinance, insofar as they relate to sales of prepared foods and beverages sold by restaurants, as defined herein, are hereby adopted and made a part of this Ordinance as though fully set forth herein. (2). Wherever, and to the extent that in Part 1, Chapter 12, Title 59, Utah Code Annotated jQ953, as amended). TAX COLLECTION, as amended, the State of Utah is named or referred to as the taxing agency or entity, the name or GARFIELD COUNTY shall be substituted therefor. Nothing in this sub-section shall be deemed to require substitution of the name of GARFIELD COUNTY, for the word "State" when that word is used as part of the title of the State Tax Commission, or of the Constitution of the State of Utah, nor shall the name of GARFIELD COUNTY be substituted for that of the State of Utah in any section when the result of that substitution would require action to be taken bv or against GARFIELD COUNTY or any agency or department thereof, rather than by or against the State Tax Commission in performing per-forming the functions incident to the administration or operation of this Ordinance. C. If an annual license has been or is issued to a retailer under Section 59-12-106, Utah Code Annotated 0953, as amended), an additional license shall not be required re-quired by reason of this section. SECTION 6. COLLECTION OF TAX. A. The tax imposed pursuant to this Ordinance shall be levied at the same time and collected in the same manner as provided in THE LOCAL SALES AND USE TAX ACT, Part 2, Chapter 12, Title 59, Utah, Code Annotated (1953, as amended), except that the collection and distribution of the tax revenue is not subject to the provisions of Subsection 59-12-205(2), Utah Code Annotated (1953, as amended). B. Heretofore, GARFIELD COUNTY has entered into an agreement with the Utah State Tax Commission to perform all functions func-tions incident to the administration and operation of the UNIFORM SALES AND USE TAX ORDINANCE OF THE COUNTY OF GARFIELD, STATE OF UTAH. The Board of Garfield County Commissioners is hereby authorized to enter into such supplementary sup-plementary agreement with the Utah State Tax Commission, as may be necessary to the collection, administration and operation of the tax enacted and imposed by this Ordinance. SECTION 7. PENALTIES. Any person who violates any of the provisions of this Ordinance shall be guilty of a Class B Misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not less than $1,000.00, or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprison menL SECTION 8. APPLICATION OF TAX REVENUES. A. Revenues from imposition and collection of the tax herein imposed im-posed may be used for the purposes of financing, in whole or in part, tourism promotion, and the development, devel-opment, operation and maintenance ot tourist, recreation, cultural and convention facilities as defined in Section 59-12-602, Utah Code Annotated (1953, as amended). B. Taxes imposed under this Ordinance may be pledged as security se-curity for bonds, notes or other ev idences of indebtedness incurred by GARFIELD COUNTY under the grovisions of the Utah Municipal ond Act, as set forth in Chapter 14 Title 11, Utah Code Annotated (1953, as amended), to finance tourism, recreation, cultural and convention facilities. SECTION 9. SEVERABILITY. If any section, sub-section, sentence, sen-tence, clause, phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitus-tional unconstitus-tional by the decision of any court of competent jurisdiction, such decision de-cision snail not affect the validity of the remaining portions of this Ordinance. It is the intention of the Board of County Commissioners that each separate provision of this Ordinance shall be deemed independent inde-pendent of all other provisions herein. PASSED, APPROVED, ADOPTED AND ORDERED PUBLISHED this 12th day of FebruaryJ996. BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, STATE dF UTAH: BY: LOUlSE LISTON, CHAIR ATTEST: CAMILLE A. MOORE, CLERKAUDITOR Published in the Garfield County News on February 29, 1996. ' " NOTICE TO EQUIPMENT SUPPLIERS Separate and sealed bids from qualified equipment manufacturers and suppliers for the supply of an articulating four-wheel drive motor grader will be received by Garfield County on or before 10:00 a.m., Wednesday, March 20, 1996, at the Commission Chambers of the Garfield County Courthouse in Panguitch, Utah. They will then be publicly opened and read aloud. Xjarfield County is a tax-exempt local government and reserves the right to reject any or all bids. Manufacturerssuppliers may obtain specifications from the Garfield County Engineering Department, 55 South Main, Panguitch, Utah 84759, phone (80T) 676-8826, ext. 119. Prospective bidders may be required to demonstrate qualified status. Demonstration of the bidders' qualified status shall be provided upon the County's request. Fax bids will not be accepted. Published in the Garfield County News Feb. 29, Mar. 7 & Mar. 14, 1996. NOTICE TO EQUIPMENT PURCHASERS Verbal auction style bids will be received for a used 1989 motor grader (Serial DW770BH 517761) by Garfield County-beginning at 11:00 a.m.. Wednesday, March 20, 1996, at the Commission Chambers Cham-bers of the Garfield County Courthouse Court-house (55 South Main) in Panguitch, Utah. A minimum bid will be established at the time of auction and will be equal to accepted trade-in credits established by earlier bid. The motor grader is currently operating out of the Escalante Road Shed and can be inspected by contacting Road Crew members at (801) 8264224. Garfield Gar-field County is a tax-exempt local government and reserves the right to reject any or all bids. Published in the Garfield County News Feb. 29, Mar. 7, & Mar. 14, 1996. NOTICE TO WATER USERS The following applications requesting an EXTENSION OF TIME WITHIN WHICH TO SUBMIT PROOF OF BENEFICAL USE have been filed with the State Engineer. It is represented that additional time is needed to place the water to beneficial use in Garfield county. Persons objecting to an application must file a Protest stating the reasons for the protest. To have a hearing before the State Engineer, persons must request a hearing in the Protest. Protest must be filed in duplicate with the State Engineer, 1636 West North Temple. Salt Lake City, Utah 84116, (801-538-7240) on or before march 27, 1996. (protests must be Legible with a RETURN ADDRESS). These are informal proceedings as per Rule R655-6-2 of the Division of Water Rights. (LEGEND: Point(s) of Diversion POD; Place of Use POU; Nature of Use USE) 97-1458 (A40085): Bradshaw Bowman, Gary I. and Mary Garland QUANTITY: 0.346 cfs 33.91 ac-ft. SOURCE: Escalante River and Calf Creek. POD: (f) N 1270 E 2080 from SW Cor, Source: Baseball Spring (2) N 1600 W 2650, Source: Escalante River (3) N 1630 W 3230 from SE Cor, Sec 12, T35S, R4E., Source: Calf Creek. USE: Irrigation: total acreage 8.47 acs, sole supply 8.47 acs. Robert L. MorganP.E. STATE ENGirsTEER Published in Garfield County News on FEBRUARY 29 & MARCH 7. 1996. NOTICE TO CONTRACTORS Separate and sealed bids for the supply of Chemical Material will be received bv Garfield County on or before 10:00 a.m., Wednesday, March 20, 1996, at the Commission Com-mission Chambers of the Garfield County Courthouse in Panguitch. Utah, and thenpublicly opened and read aloud. The Commission reserves re-serves the right to reject or accept any or all bids, or to separate the contract to maximize economic benefit to Garfield County. Suppliers mav obtain contract documents and specifications trom the Garfield County Engineer, 55 S. Main. Panguitch, UT 84759, phone (80l 676-8826, ext. 119, fax (801-676-8239). Suppliers may be required to demonstrate qualified status sta-tus by documenting successful completion of similar type and size work and listing properties of products prod-ucts to be used on the project. Demonstration of the bidders qualified quali-fied status shall be provided upon the owner's request. Faxed Bids will be accepted. Published in the Garfield County News Feb. 29, Mar. 7 & Mar. 14, 1996. NOTICE TO WATER USERS The State Engineer received the following Application(s) to Appropriate Water in Garfield County (Locations in SLB&M). Persons objecting to an application must file a Protest stating the reasons for the protest. To have a hearing before the State Engineer, persons must request a hearing in the Protest. Protest must be filed in duplicate with the State Engineer, 1636 West North Temple. Salt Lake City, Utah 841 lb (801-538-7240) on or before march 27, 1996. (protests must be Legible with a RETURN ADDRESS). These are " informal proceedings as per Rule R655-6-2 of the Division of Water Rights. (LEGEND: Pointfs) of Diversion POD; Place of Use POU; Nature of Use USE) 97-2075 (A69692): Alfred H. and Connie B. Jensen QUANTITY: 0.9 ac-ft. SOURCE: 8 in. well 100 ft. to 500 ft. deep. POD: (1) N 970 E 1100 from SW Cor, Sec 25, T33S, R4E. (Near Boulder Town) USE: Domestic: 2 families. POU: SW14SW14 Sec 25, T33S,R4E. 97-2076 (A69693): Alfred H. and Connie B. Jensen QUANTITY: 0.9 ac-ft. SOURCE: 8 in. wel 100 ft. to 500 ft. deep. POD: (1) N 560 E 2120 from SW Cor, Sec 11, T33S, R4E. (Near Boulder Town) USE: Domestic: 2 families. POU: SE14SW14 Sec 11, T33SVR4E. 97-2077 (A69694): Alfred H. and Connie B. Jepsen QUANTITY: I. 73 ac-ft. SOURCE: 8 in. well 100 ft. to 500 ft. deep. POD: (1) N 275 E 275 from SI Cor, Sec 11, T33S, R4E. (Near Boulder Town) USE: Irrigation: from Apr 1 to Oct 31, total acreage 0.25 acs, sole supply 0.25 acs; Stockwatering: 10 head of livestock: Domestic: 1 family. POU: SWV4SE14, Sec II, T33S, R4E. Robert L. MorganlP.E. STATE ENGINEER Published in Garfield County News on FEBRUARY 29 & MARCH 7, 1996. NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest bidder on the 11 day of March. 1996 at 10:00 a.m. at the front door of the Garfield County Courthouse at PANGUITCH, Utah in the County of GARFIELD bv SECURITY TITLE COMPANY of GARFIELD COUNTY, TRUSTEE TRUS-TEE on the Deed of Trust made bv OUT-PATIENT TREATMENT PLAN OF NEVADA, as Trustor, and recorded October 8, 1993 as Entry No. 209099 in Book 316 at Pages 395-398 of the Official Records of Garfield County, Utah, given to secure an indebtedness in Favor of SCOTT ROY DUNTON AND MARILYN SELMA DUN-TON. Notice or Default was recorded November 7, 1995 as Entry No. 212805 in Book 325 at Page 447 of said Official Records, Trustee will sell at public auction to the highest bidder for cash, payable in lawful money of the United States at the time of sale, without warranty as to title, possession of encumbrances, the following described property at BEAVER DAM ESTATES in the City of PANGUITCH LAKE, County GARFIELD, State of Utah: All of Lots 23 and 24, BEAVER DAM ESTATES, a Subdivision according to the Official Plat thereof recorded in the Office of the County Recorder of said county. for the purpose of paying obligations secured by said Deed oT 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: February9, 1996 SECURITY TITLE COMPANY OF GARFIELD COUNTY, Trustee By: THOMAS V. HATCH Its: PRESIDENT Published in the Garfield County News February 15, 22 & 29, 1996. NOTICE OF REALTY ACTION Department of the Interior Bureau of Land Management Notice of Realty Action; Recreation and Public Purposes S&PP) Act Classification; Utah UMMARY: The following, described de-scribed public land in Garfield County, Utah has been examined and found suitable for lease or conveyance con-veyance under the provisions of the Recreation and Public Purposes Amendment Act of 1988, (P.L. 100-648). The land to be leased or conveyed and proposed patentee is: Patentee: Garfield County Location: Salt Lake Meridian, Utah T. 37 S., R. 3 W., Sec. 13, SW14NE14SE14, NE14SE 14NE 14SE 14, W12SE14NE14SE14, containing 17.5 acres. This land is hereby segregated from all forms of appropriation under un-der the public land laws, including the mining laws. Garfield County proposes o use approximately 8 acres of this land for a maintenance shed and storage area, and approximately approx-imately 9 12" acres for a recreational recre-ational facility. The land is not needed for "Federal purposes. Conveyance or Lease is consistent with current BLM land use planning plan-ning and would be in the public interest. in-terest. The patent when issued will be subject to the following terms, conditions and reservations: (1) All minerals, including oil and gas. shall be reserved to the United States, together with the right to prospect for. mine and remove the same. 2) A right-of-way will be reserved for ditches and canals constructed con-structed by the authority of the United States (Act of August 30, 1890. 26 Stat. 391; 43 U.S.t. 945). 3) The conveyance will be subject, to all valid rights and reservauons of record. .4) Garfield County will assume all liability for and shall da-fend, da-fend, indemnify, and save harmless the United States and its officers, agents, representatives, and em- Eloyees (hereinafter referred to as te United States), from all claims, loss, damage, actions, causes of action, ac-tion, expense, and liability resulting from, brought for, or on account of, any personal injury, threat of personal per-sonal injury, or property damage received or sustained by any person or persons (including the patentee's employees), or property growing out of, occurring, or the release of hazardous substances from the above listed tract, regardless of whether such claims shall be attributable at-tributable to: (1) the concurrent, contributory, or partial fault, failure, fail-ure, or negligence of the United States, or (2) Ihe sole fault, failure, or negligence of the United States. 5) Title may revert to the United States upon a finding, alter notice and opportunity for a hearing, that the patentee has not substantially developed the lands in accordance with the approved plan of development devel-opment on or before the dale five years after the date of lease or conveyance. con-veyance. No portion of the land shall under any circumstance revert to the United States if any such portion has been used for solid waste disposal or for any other purpose pur-pose which may result in the disposal, dis-posal, placement, or release of any hazardous substance. DATES: Any comments, shall be submitted by 00 dayS after date of publication. Comments may be sent to the District Manager, Cedar City District Office, I7f D.L. Sargent Drive, Cedar City, Utah 84720. Any adverse comments will be reviewed by the State Director who may vacate or modify this realty re-alty action and issue a final determination. deter-mination. In the absence of any adverse comments, this notice will become the final determination of the Department of the Interior on 60 days after the date of publication. publica-tion. VOR FURTHER INFORMATION: INFORMA-TION: Detailed information concerning con-cerning this action is available for review at the Escalante Resource Area office by contacting Darrell Olsen, P.O. Box 225, Escalante, 826-4298l4726, r tclephone (801) Published in the Garfield County News on FEBRUARY 15, 22 AND 29, 1996. NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest bidder on the 11 day of March. 1996 at 10:00 a.m. at the front door of the Garfield County Courthouse at PANGUITCH, Utah in the County of GARFIELD bv security Title company of GARFIELD COUNTY, TRUSTEE TRUS-TEE on the Deed of Trust made by OUT-PATIENT TREATMENT PLAN OF NEVADA, as Trustor, and recorded October 4, 1993 as Entry No. 20958 in Book 316 at Pages 289-292 of the Official Records of Garfield County, Utah, given to secure an indebtedness in favor of C.E. WILSON AND BETTY JANE WILSON, TRUSTEES TRUS-TEES of the c.e. Wilson AND BETTY JANE WILSON TRUST. Notice of Default was recorded November 7, 1995 as Entry No. 212806 in Book 325 at Page 448 of said Official Records, Trustee will sell at public auction to the highest bidder for cash, payable in lawful money of the United States at the time of sale, without warranty as to title, possession of encumbrances, the following described property at BEAVER DAM ESTATES in the City of PANGUITCH LAKE, County GARFIELD, State of Utah: 3 All of Lots 15, 16. 17, 21, 22. 28 and 29. BEAVEtf EiAM ESTATES, a Subdivision according to the Official Plat thereof recorded in the Office of the County Recorder of said county. for the purpose of paying obligations secured by said Deed or 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: February 9. 1996 SECURITY TITLE COMPANY OF GARFIELD COUNTY, Trustee By: THOMAS V. HATCH Its: PRESIDENT Published in the Garfield County News February 15, 22 & 29, 1996. NOTICE TO CONTRACTORS Sealed proposals will be received re-ceived by the Utah Department of Transportation UDOTDPS Building (2nd Floor), 4501 South 2700 West, Salt Lake City, Utah, 84119, until 2 o'clock p.m. Tuesday, March 12, 1996, and at that time publicly opened for construction con-struction of a Rotomill, Overlay, and Seal Coat in Garfield County, the same being that section of SR-89, SR-89, M.P. 148:56 to M.P. 152.26 identified as State Maintenance Project No. SP-0089(24)149 . The length of road to be constructed con-structed or improved is 3.70 miles, and the principal items of work are approximately as follows: Asphalt Concrete - 314" Max-7200 Max-7200 Ton; Asphalt Cement PG 64-34, 470 Ton: Cover Material Type C, 83, b00 Sq. Yds.; Rotomillihg, 83,000 Sq. Yds. The project is to be completed by October 1, 1996. Prequalification of bidders is required. re-quired. Prior to submitting a bid. it will be necessary that the bidder have on file with the Utah Department of Transportation a completed and approved contractor's contrac-tor's application for prequalification pertainingto contractor's experience experi-ence and Tinancial condition. Required Re-quired Department processing, time is 10 working days from receipt of properly, executed documentation. As required, a contractor's license must be obtained from the Utah Department of Commerce prior to bidding. Proposal forms, plans, and specifications spec-ifications are on file in the office of the Utah Department of Transportation, Trans-portation, Salt Lake City, and the office of its Region andor District Director at Price, Richfield, and Cedar City, Utah, where they may be reviewed by prospective bidders. Specifications, proposal forms, and plans may be ootained only at the Department office at Salt Lake City, upon application and payment of a fee of $10.00 plus tax, none of which will be refunded. Each bidder must submit a bid bond from an approved surety company on forms provided by the Department; or in lieu thereof, cash, certified check, or cashier's check for 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 fur-nish the contract bonds as required. The right to reject any or all bids is reserved. If you need an accommodation under the Americans with Disabilities Disabil-ities Act, contact the Construction Division at (801). 965-4109. Please allow three working days. Any additional information may be secured at the office of the Utah Department of Transportation. Dated this 24th day of February, 1996. UTAH DEPARTMENT OF TRANSPORTATION lhomas R. Warne, Director Published in the Garfield County News on February 29, |