SPECIAL SAN JUAN COUNTY CONCESSION MEETING OCTOBER 26, 1988
A special meeting of the San Juan County Commission commenced at 9:00 A.M. at the San Juan County Courthouse at Monticello, Utah.
Commissioners Present: Calvin Black
Kenneth Bailey
Commissioner Mary Maryboy was out of town and unable to attend.
Others attending: Rick Bailey, Administrative Assistant
Merna Johnson, Deputy Clerk Carl Eiseman, San Juan Record
The purpose of the meeting was to either establish or abandon the creation of the San Juan County Transportation Special Service District. The purpose of the Transportation Service District is to receive mineral lease revenues from the federal government for the construction, repair and maintenance of roads within the district boundaries.
After the meeting had been duly called to order and after other matters not pertinent to this resolution had been discussed, the County Clerk presented to the County Commission a Certificate of Compliance with Open Meeting Law with respect to this October 26, 1988 meeting.
The Clerk then stated that no additional protests had been received in her office during the fifteen-day protest period following the October 11, 1988 protest hearing, that less than 50% of the qualified voters of the territory proposed to be included within the proposed special district and the owners of less than 50% of the taxable value of the taxable property included within the proposed special service district have filed written protests against the specified type of service, within said district, proposed to be furnished and that according to proceedings adopted at the October 11, 1988 meeting, the County Commissioners should now consider a resolution creating the District. The following resolution was then moved for adoption by Commissioner Kenneth R. Bailey:
RESOLUTION NO. 88-8
A RESOLUTION TO ESTABLISH THE SAN JUAN COUNTY TRANSPORTATION SERVICE DISTRICT, TO AUTHORIZE THE PROVISION OF TRANSPORTATION SERVICES AS SET FORTH IN THE NOTICE OF INTENTION TO CREATE THE DISTRICT AND TO APPOINT AN ADMINISTRATIVE CONTROL BOARD FOR THE DISTRICT.
BE IT RESOLVED by the Chairman and the Board of Commissioners of San Juan County, Utah:
Section 1. The Board of Commissioners of San Juan County, Utah (the "Board of Commissioners") believes that the public health, convenience and necessity require the provision of transportation services identified and described in the Notice of Intention concerning the establishment of the San Juan County Transportation Service District (the "District").
Section 2. The Board of Conroissioners has heretofore considered each and every protest filed and has heard each and every person who wished to be heard in protest against the creation of the District or the provision of any of the services therein, or on any other matter pertinent to the District.
Section 3. The Board of Conroissioners hereby finds that less than 50% of the qualified voters of the territory proposed to be included within the proposed special district and the owners of less than 50% of the taxable value of taxable property included within the proposed special service district have filed written protests against the establishment of said district or against the specified type of services, within said district, proposed to be furnished.
Section 4. The services proposed and described in the Notice of Intention to create the District are hereby authorized, and the District is hereby created.
Section 5. The District shall be administered by an Administrative Control Board which is hereby delegated, without limitation, the power to act as the governing authority of the District and to exercise all or any of the powers provided for in Sections 11-23-13, 11-23-15, 11-23-18, 11-23-19, and 11-23-20, of the Utah Special Service District Act. Said Administrative Control Board shall not, however, have the power to levy a tax on the taxable property of the District, to issue bonds payable from taxes or to call
or hold an election for the authorization of the tax or bonds without the approval of the Board of Commissioners.
Section 6. Addministrative Control Board members shall be paid at a per diem rate to be set by resolution of the Board of Commissioners.
Section 7. The membership of the Administrative Control Board of the District shall consist of five (5) members, each of who shall be appointed by the Board of Commissioners. The Board of Commissioners shall appoint the initial two (2) members to serve a two-year term and the remaining three (3) members to serve four-year terms, the determination of who shall serve in each category to be made by lot. Said terms shall commence on January l, 1989, which is the next succeeding date that the terms of office commence for members of the Board of Commissioners. The initially appointed members of the Administrative Control Board shall serve an additional term commencing on the date of appointment and continuing until the regular commencement of the above-specified terms.
Vacancies of the appointed members of the Administrative Control Board, other than by expiration of term, shall be filled by appointment of the Board of Commissioners for the unexpired term of the members whos vacancy is filled.
Section 8. The Board of Commissioners shall appoint one of its three to serve on the Administrative Control Board of the District.
Section 9. The Board of Commissioners hereby appoints as the initial membership of the Administrative Control Board the following members, who shall serve those terms opposite their names as determines by lot:
Name Term
Kenneth R. Bailey Two (2) Years
Calvin Black Two (2) Years
Lester Lansing Four (4) Years
Lisle G. Adams Four (4) Years
Gene Foushee Four (4) Years
Rick M. Bailey, ex-officio
Kenneth R. Bailey shall serve as Chairperson of the Administrative Control Board and Rick M. Bailey shall serve as Secretary until the Board of Conmissioners otherwise directs.
Commissioner Black seconded the motion to adopt the foregoing resolution. The Resolution was thereupon put to a vote and unanimously adopted on the following recorded vote.
Those voting AYE:
Calvin Black Kenneth R. Bailey
Those voting NAY:
None
PASSED AND APPROVED this 26th day of October, 1988.
/s/ Calvin Black________________________
Calvin Black, Chairman ATTEST;
Gail D. Johnson_____________________
Gail D. Johnson, County Clerk
(SEAL)
A meeting of the Transportation District will be called for November 7, 1988 at 9:00 A.M. Administrative Assistant Rick Bailey was authorized to precede dwith advertising for an auditor as revenues will be received in the year 1988 and will require an independent audit.
Adjourned; There being no further business, the meeting adjourned at 9:15 A.M.
Calvin Black, Chairman Merna C. Johnson, Deputy Clerk