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Show ADVERTISEMENT FOR BID The Tropic-East Fork Irrigation Company, Tropic, Utah, is requesting bids to supply sup-ply all material, labor, and equipment necessary for construction con-struction of an irrigation . pipeline project. The project area is located in Dave's Hollow, approximately 3 miles west of Ruby's Inn, Garfield County, Utah. The project will consist of furnishing and installing approximately 2.3 miles of 30-inch 80PVCPIP or HDPE pipe, with air vents and risers, and constructing a new concrete diversion structure. Sealed bids will be received by the Tropic-East Fork Irrigation Company until 2:00 p.m. Tuesday, October 19, 2002, at which time they will be opened publicly and read aloud at the Panguitcn City Offices, 25 South 200 East, Panguitch, Utah, 84759. Plans and specifications can be picked up starting October 1, 2004 at the Utah State Division of Water Resources, third floor of the Department of Natural Resources Building, 1594 W. North Temple, Salt Lake City, .Utah 84114. A $25.00 nonrefundable non-refundable fee will be charged for each set of plans and specifications. specifi-cations. Checks should be made payable to Utah Division of Water Resources. There will be one site show Weds. October 1 3, 2004, beginning at 10:00 a.m. Meet at the parking lot of Foster's Restaurant onTlighway 12, Garfield County. If there are any questions, please contact Mrke Talbot, Proiect Engineer at 538-7278. A bid bond of 5 of the total bid price is required. Estimated project cost is $509,340. Published in the Garfield County News on October 7 and 14, 2004. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIRST PUBLIC HEARING NOTICE Escalante City will hold a public hearing to consider potential projects for which funding may be applied under the CDBG Small Cities Program for Program Year 2005. Suggestions for potential projects will be solicited, both verbally and in writing, from all interested parties. The expected amount of CDBG funds for this program year will be discussed along with the range of projects eligible under this program and a review ofpreviously funded projects. The hearings will begin at 7:00 P.M. on October 197 2004 and will be held at 56 N. 100W. Escalante, Utah. Further information can be obtained by contacting Vickie Schulkoski at 435-826-4644. In compliance with the Americans with Disabilities Act, individuals individu-als needing special accommodations accommoda-tions (including auxiliary communicative com-municative aids and services) during these hearings should notify Vickie Schulkoski at 56 N. 100 W. Escalante, Utah at least three days prior to the hearing to be attended. Published in the Garfield County News on Oct. 7, 2004. NOTICE TO WATER USERS The following applications requestingan EXTENSION OF TIME WITHIN WHICH TO SUBMIT PROOF OF BENEFL CAL 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- For more information or to receive a copy of filings, vis-ithttp:waternghts. vis-ithttp:waternghts. Utah. gov or call 1-866-882-4426. Persons objecting to an application appli-cation must Tile a CLEARLY READABLE protest stating FILING NUMBER, REASONS FOR OBJECTION PROTESTANTS PROTES-TANTS NAME AND RETURN ADDRESS, and any request for a hearing. Protest must be filed with the State Engineer, Box 146300, Salt Lake City, UT 841 14-6300 on or before NOVEMBER 3, 2004. These are informal proceedings as per Rule R655-6-2 of theDivision of Water Rights. (The Period of Use is generally gener-ally year-round except irrigation which is generally from Apr 1 to Oct 3 1 each year.) EXTENSrON(S) 61-1413(al5065): Tom and Valerie Stechschulte are filing an extension for 0.5 ac-ft. from groundwater (9 miles West of Hatch) for Domestic. Jerry D. Olds, P.E. STATE ENGINEER Published in Garfield County News on OCTOBER 7 & 14, 2004. NOTICE OF BONDS TO BE ISSUED NOTICE IS HEREBY GIVEN pursuant to the provisions provi-sions of Section 11-27-4, Utah Code Annotated 1953, as amended, that on September 27, 2004, the Board of Commissioners of Garfield County Utah (the "Board"), adopted a resolution (the "Resolution") in which it authorized and approved the issuance of its General Obligation Refunding Bonds, Series 2004 (the "Refunding Bonds"), in an aggregate principal princi-pal amount of not to exceed Two Million Two Hundred Thousand ($2,200,000) Dollars, to bear interest at a rate or rates of not to exceed five and one-half (5.5) per cent per annum, to mature in not more than sixteen (16) years from their date or dates and to be sold at a discount from par, expressed as a percentage of principal amount, of not to exceed two (2.0) percent, plus accrued interest to the date of delivery. Pursuant to the Resolution, the Refunding Bonds are to be issued for the purpose of raising money for refunding in advance of their stated maturities and pursuant to call for redemption all of the Board's General Obligation Bonds. Series 1999A, having a total outstanding outstand-ing principal balance of 2,480,000. The Refunding Bonds are to be issued and sofa by the Board pursuant to the Resolution. The Board is to adopt a final bond resolution in such form and with such changes thereto as the Board shall approve upon the adoption thereof, provided that the principal amount, interest rate or rates, maturity and discount dis-count will not exceed the respective maximums set forth above. A copy of the Resolution is on file in the office of the Board at 55 South Main Street, Panguitch, Utah, where the Resolution may be examined during regular business hours of the Board from 9:00 A.M. to 5:00 P.M. The Resolution shall be so available for inspection for a period of at least thirty (30) days from and after the date or the publication of this notice. NOTICE IS FURTHER GIVEN that pursuant to law for a period of thirty (30) days from and after the date of the publication publica-tion of this notice, any person in interest shall have the right to contest the legality of the above-described above-described Resolution of the Board or the Refunding Bonds authorized thereby or any provisions provi-sions made for the security and gayment of the Refunding onds. After such time, no one shall have any cause of action to contest the regularity, formality or legality of the Resolution, the Refunding Bonds or the provisions provi-sions for their security or payment pay-ment for any cause. DATED this 27th day of September, 2004. s Camille A. Moore County Clerk Published in the Garfield County News October 7, 2004. NOTICE OF INTENTION TO CORRECT LEGAL DESCRIPTION OF PAUNSAGAUNT CLIFFS SPECIAL SERVICE DISTRICT NOTICE IS HEREBY GIVEN THAT ON September 13, 2004, the Board of County Commissioners of Garfield County, Utah' adopted a Resolution declaring that the public health, convenience and necessity require the correction of the legal description of the Paunsaguant Cliffs Special Service District by adding to said District the corrected legal description of the boundaries of said District, and by deleting the incorrect description. Said Resolution also provides for a public hearing on the correction of the legal description of said Special Service District in the Garfield County Administration Building, 55 S. Main, Panguitcn, Utah, at 1:30 p.m., on Monday, the 11th day of October, 2004. CORRECTED LEGAL DESCRIPTION OF THE DISTRICT The corrected boundaries roposed for said Special ervice District are located entirely within Garfield County and are as follows: ' All of Sections 22, 23, 24, and the South 12 of the Southeast 14, of Section 13, Township 36 South, Range 5 West, Salt Lake Base & Meridian LESS AND EXCEPTING the following: The Northeast 14 of the Northeast 14 of Section 23, Township 36 South, Ranee 5 West, Salt Lake Base & Meridian. The East 12 of the Northwest 14, and the Northeast 14 of the Northwest 14 of Section 24, Township 36 South Range 5 West, Salt Lake Base & Meridian. PRIOR ERRONEOUS DESCRIPTION OF THE DISTRICT TO BE DELETED All of Sections 22, 23, 24, and the South 12 of the Southeast 14, of Section 13, Township 37 South, Range 5 West, Salt Lake Base & Meridian LESS AND EXCEPTING the following: The Northeast 14 of the Northeast 14 of Section 23, Township 37 South, Range 5 West, Salt Lake Base & Meridian. The East 12 of the Northwest 14, and the Northeast 14 of the Northwest 14 of Section 24, Township 37 South, Range 5 West, Salt Lake Base & Meridian. SERVICES OF THE DISTRICT The Paunsagaunt Cliffs Special Service District has been organized to provide fire protection services, snow removal, water and sewer services serv-ices through the acquisition or construction of fire protection facilities, water and sewer facilities facil-ities with necessary appurtenances appurte-nances and equipment therefor. METHOD OF FINANCING Pursuant to the provisions of the Utah Special Service District Act, BB17A-2-1301 et seq., Utah Code Ann., as amended, and Article XIV, Section 8 of the Utah Constitution, the Paunsagaunt Cliffs Special Service District may annually impose fees and charges to pay for all or part of the cost of fire protection facilities, facili-ties, snow removal, water and sewer services to be provided by said District. It may also annually annu-ally levy taxes upon all taxable property within the corrected legal description of said District, to provide the proposed services, and may issue bonds for the acquisition and construction construc-tion of said facilities and services, servic-es, provided, however, that said tax levy to provide said services . or to repay said bonds, must be authorized and approved by a majority of the qualified electors elec-tors of the Special Service District at an election for that purpose. PUBLIC HEARING ON PROPOSED CORRECTION OF LEGAL DESCRIPTION OF SPECIAL SERVICE DISTRICT The Board of County Commissioners of Garfield County will hold a public hearing hear-ing on the correction of the legal description of the Paunsaguant Cliffs Special Service District (a District previously established) at the Garfield County Administration Building, 55 S. Main, Panguitch, Utah, at 1:30 p.m., on Monday , the 11th day of October, 2004. Any interested interest-ed person may protest the addition addi-tion andor deletion of property to said District or the furnishing of services therein either orally at the hearing or in writing, at, or at any time prior to, the Searing Sear-ing and within fifteen (15) days after the conclusion of the hearing. hear-ing. Written protests must be filed with the County Clerk, and may be withdrawn by the protestant within thirty (30) days after the conclusion of the hearing and before the Board of County Commissioners of Garfield County approved or disapproves the correction of the fegal description of the Paunsagaunt Cliffs Special ServiceTJistrict. Any protest signed on behalf of a corporation owning property proper-ty in the proposed Special Service District shall be sufficient suffi-cient if it is signed by the president, presi-dent, vice president, or any duly authorized agent of the c6rpora-tion. c6rpora-tion. Where title to any property proper-ty is held in the name of more than one person, all of the persons per-sons holding title to the property proper-ty must join in the signing of the protest. At said public hearing the County Commissioners will give full consideration to all protests which shall have been riled and will hear and consider all interested persons desiring to be heard. The Commission may continue the hearing from time to time. After conclusion of the hearing, the Commission shall adopt a resolution correcting the legal description by adding the correct description, and deleting the formerly adopted, but erroneous erro-neous description of the Paunsagaunt Cliffs Special Service District or determining that the establishment of said District in the correct description descrip-tion should be abandoned, or may, in its discretion, reduce the boundaries of the proposed District and establish the corrected cor-rected boundaries, as modified. If, within fifteen (15) days after the conclusion of the hearing, hear-ing, over fifty percent (50) of the qualified voters of the territory terri-tory proposed to be included within the Special Service District, or the owners of fifty percent (50) of the taxable value of the taxable property within the proposed Special Service District, file written protests against the establishment establish-ment of the proposed District with the County Clerk, the County Commission is required by law to abandon the proposed correction of the legal description descrip-tion of said District. Any person who shall, at or any time prior to the date and time above-specified for the hearing, file a written protest with the County Clerk against the corrected legal description of the Paunsagaunt Cliffs Special Service TJistrict and wnose property has been included includ-ed within the boundaries of the proposed corrected .legal description of the District notwithstanding such protest, 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 of County Commissioners in establishing the Paunsagaunt Cliffs Special Service District, only upon the grounds, however, howev-er, that his property will not be benefited by the services authorized author-ized to be furnished by said District or that the proceedings taken in the establishment of the District have not been in compliance com-pliance with law. A FAILURE TO APPLY FOR SUCH WRIT OF REVIEW WITHIN THE PRESCRIBED PRE-SCRIBED TIME SHALL FORECLOSE ALL OWNERS OF PROPERTY WITHIN THE PROPOSED CORRECTED LEGAL DESCRIPTION OF SAID SPECIAL SERVICE DISTRICT SO ESTABLISHED FROM THE RIGHT TO FURTHER FUR-THER OBJECT THEREOF. GIVEN by order of the Board of County Commissioners of Garfield County, Utah, this 13th day of September, 2004. D. Maloy Dodds Commission Chair Attest: Camille Moore County Clerk Published in the Garfield County News September 23, 30 and October 7, 2004 NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED PUBLIC NOTICE IS HEREBY HERE-BY GIVEN that on September 23, 2004 the Town Council (the "Council") of Tropic Town, . Garfield County, Utah (the "Issuer") adopted a resolution (the "Resolution") declaring its intention to issue its Sales Tax Revenue Bonds, Series 2004 n (the "Series 2004 Bonds") pursuant pur-suant to the Utah Municipal Bond Act, Title 11, Chapter 14, Utah Code Annotated (1953, as amended), and to call a public hearing to receive input from the public with respect to the issuance of the Series 2004 Bonds. TIME, PLACE AND LOCATION OF PUBLIC HEARING The Issuer shall hold a public hearing on October 14, 2004, at the hour of 5:30 p.m. The location loca-tion of the public hearing is at 40 North 300 West, Tropic, Utah. The purpose of the meet- ing is to receive input from the public with respect to the issuance of the Series 2004 Bonds. All members of the public pub-lic are invited to attend and participate. par-ticipate. PURPOSE FOR ISSUING BONDS The Issuer intends to issue the Series 2004 Bonds for the purpose of (i) financing a portion por-tion of the costs of constructing street improvements on State Route 12 within the Issuer, and (ii) paying costs of issuing the-Series the-Series "2004 Bonds. PARAMETERS OF THE BONDS The Issuer intends to issue the Series 2004 Bonds in the principalamount of not to exceed $25,000, to bear no interest, to mature in not more than 22 years from their date or dates, and to be sold at a price not less than 100 of the total principal amount thereof, plus accrued interest to the date of delivery. The Series 2004 Bonds will specify that any installment of principal on said Bond which is not paid when due shall bear interest at the rate of 18 per annum from the due date thereof until paid. EXCISE TAX PROPOSED TO BE PLEDGED The Issuer proposes to pledge all of the Local sales and Use Tax funds received by the Issuer pursuant to Title 59, Chapter 12, Part 2, Utah Code Annotated (1953, as amended) for the repayment of the Series 2004 Bonds. The Series 2004 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 Council and attached to the Resolution in substantially substantial-ly final form at the time of the adoption of the Resolution (collectively, (col-lectively, the "Bond Resolution") and said Final Bond Resolution is to be approved by the Council in such form and with such changes thereto as shall be authorizeefby the Council upon the adoption of the Final Bond Resolution. A copy of the Resolution and the form of the Final Bond Resolution are on file in the office of the Town Clerk in Tropic, Utah, where they may be examined during regular business hours of the Town Clerk from 8 a.m. to 2 p.m. for a period of at least 30 days from and after the last date of publication publi-cation of this notice. NOTICE IS HEREBY GIVEN that a period of 30 days : from and after the last date of publication of this notice is pro-vided pro-vided by law during which (i) ; -any person in interest shall have the right to contest the legality of the Resolution, the Pinal ; -' -Bond Resolution or the Series ; ; 2004 Bonds, or any provision made for the security and payment pay-ment of the Series 2004 Bonds, ; - or any provision made for the . -' -security and payment of the Series 2004 Bonds, and that after such time, no. one shall have any cause of action to contest con-test the regularity, formality or legality thereof for any cause whatsoever, and (ii) registered voters in Tropic, Utah, may sign a written petition requesting an election to authorize the issuance of the Series 2004 Bonds. If written petitions which have been signed by at least 20 of the registered voters vot-ers of Tropic, Utan, are filed with the Issuer during said 30-day 30-day period, the Issuer shall be required to hold an election to obtain voter authorization prior to the issuance of the Series 2004 Bonds. If fewer than 20 of the registered voters of Tropic, Utah, file a written petition peti-tion during said 30-day period, the Issuer may proceed to issue the Series 2004 Bonds without (See LEGALS on page 5A) Legals From Page 4A an election. Town Clerk of Tropic Town Marie H. Niemann Published in the Garfield County News on September 30 and October 7, 2004. AMENDED NOTICE OF TRUSTEE'S SALE The following described 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 Main West entrance of the Garfield County Sixth Judicial District Courthouse, located at 55 South Main Street, Panguitch Utah 84759, on Wednesday November 5, 2004 at 1:00 a.m. of said day, for the puipose of foreclosing a trust deed executed by Western Town Silverado, L.L.C., as Trustor, in favor of Millennia Investment Corporation, as Beneficiary, covering real property located in Garfield County, State of Utah and more particularly described as follows: Legal Description: See Exhibit "A" attached hereto and incorporated herein by reference. refer-ence. Street Address: 3800 South Highway 89, Panguitch, Utah 84759 Parcel ID Numbers: PC- 353-5; PC-355; PC-356; Pc-357-1; AND PC-357-B. i The current beneficiary of the trust deed is Millennia Investment Corporation and the record owner or the property as of the recording of the notice of default was western Town Silverado, LLC. Bidders must be prepared to tender to the trustee $5,000.00 at the sale of the balance of the purchase price by 12:00 noon the day following the sale. Both payments must be in the form of a cashier's check. Cash is not acceptable. EXHIBIT "A" 3800 SOUTH HIGHWAY 89, PANGUITCH, UT 84759 80 ROOM HOTEL, RESTAURANT AND OTHER BUILDING LOCATED ON APPROXIMATELY 204 ACRES, INCLUDING ALL .WATER RIGHTS, PERSONAL PROPERTY AND EQUIPMENT. EQUIP-MENT. . PARCEL 1 : V THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14. TOWNSHIP 35 SOUTH, RANGE 5 WEST, SALT LAkE BASE AND '.MERIDIAN, LYING WEST OF THE U.S. HIGHWAY RIGHT OF WAY. . EXCEPTING THEREFROM ALL OIL, GAS ANDOR 'OTHER MINERALS, IN, ON OR UNDER SAID LAND, TOGETHER WITH THE RIGHT OF INGRESS AND . EGRESS FOR THE PURPOSE OF EXPLORING ANDOR REMOVING THE SAME. PARCEL 2: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER QUAR-TER OF SECTION 23, TOWNSHIP TOWN-SHIP 35 SOUTH, RANGE 5 WEST, SALT LAKE BASE AND MERIDIAN. EXCEPTING THEREFROM ALL OIL. GAS ANDOR OTHER MINERALS, IN, ON OR UNDER SAID LAND, .TOGETHER WITH TH RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF EXPLORING ANDOR REMOVING THE SAME. PARCEL 3' THE NORTHWEST QUAR- TER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER QUAR-TER LYING WEST OF HIGHWAY HIGH-WAY 89 IN SECTION 23, TOWNSHIP 35 SOUTH, RANGE 5 WEST, SALT LAK BASE AND MERIDIAN. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDARIES OF U.S. HIGHWAY 89. PARCEL 4: THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUAR-' QUAR-' TER OF SECTION 24, TOWNSHIP TOWN-SHIP 35 SOUTH, RANGE 5 WEST, SALT LAKE BASE AND MERIDIAN LYING WEST OF U.S. HIGHWAY 89 RIGHT OF WAY LINE. EXCEPTING THEREFROM ALL OILt GAS ANDOR OTHER MINERALS, IN, ON OR UNDER SAID LAND,, TOGETHER WITH TH RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF EXPLORING ANDOR REMOVING THE SAME. PARCEL 5: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER QUAR-TER OF SECTION 24, TOWNSHIP TOWN-SHIP 35 SOUTH, RANGE 5 WEST,-SALT LAKE BASE AND MERIDIAN LYING WEST OF THE U.S. HIGHWAY HIGH-WAY 89 RIGHT OF WAY LINE. EXCEPTING THEREFROM ALL OIL, GAS ANDOR OTHER MINERALS, IN, ON OR UNDER SAID LAND,, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF EXPLORING ANDOR REMOVING THE SAME. ALL PARCELS: ALL WATER, WATER RIGHT AND DITCH RIGHTS (INCLUDING STOCK AND UTILITIES WITH DITCH OF IRRIGATION RIGHTS)," INCLUDING BUT NOT LIMITED LIM-ITED TO ASSIGNMENT NUMBER 61-1817 AND CHANGE NUMBER A-19987. DATED this 20 day of September, 2004. James R. Boud, Trustee 765 East 9000 South, Suite A-l Sandy Utah 84094 Published in the Garfield County News on October 7, 14 and 21, 2004. |