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MINUTES OF THE BOARD OF COUNTY COMMISSIONER'S MEETING HELD IN REGULAR SESSION ON TUESDAY, THE 29th DAY OF OCTOBER, 1974,
PRESENT: Dale Holmes, Chairman
Case D. Broderick, Member
Wm. G. Dunow, Member
Ellen Kirby, Deputy Clerk
Meeting opened at 10 O'clock A.M. with Chairman Holmes presiding.
Minutes of the previous meeting were read and approved. Motion for approval was made by Commissioner Dunow, seconded by Commissioner Broderick and carried unanimously.
FLOOD INSURANCE MEETING
Chairman Holmes informed Al Haskins of the meeting in Price this evening regarding flood insurance. Mr. Haskins said he would attend the meeting.
TRAVEL EXPENSE FOR LOW INCOME HOUSING
Travel expense for low income housing will come out of the commissioners budget.
AGREEMENT WITH MONTICELLO CITY ON RESERVOIR WORK
October 25, 1974
Board of Commissioners of San Juan County, San Juan County Court House, Monticello, Utah 84535
Gentlemen:
This will evidence the agreement of the undersigned City of Monticello, that in consideration of your providing men and equipment to assist in the construction of a reservoir for the City, in Sections 26 and 35 of Township 33 South, Range 23 East, SLM, which construction work is done under the supervision of the undersigned and its engineer, the undersigned City of Monticello will indemnify and save and hold harmless San Juan County from any and all claims which might arise out of the construction of said reservoir and the maintenance of the same thereafter.
Very truly yours,
ATTEST: CITY OF MONTICELLO
/s/ Shirley Redd By /s/ Gene W. Etherington
Recorder Mayor
SAN JUAN ECONOMIC DEVELOPMENT COMMITEE
Comm. Holmes reported that the San Juan Economic Development Committee had approached him on obtaining the old AEC building for industrial development. They would make an agreement with the city to lease the building. The Commissioners felt this was out of their jurisdiction but had no objection to this. Comm. Holmes will send a letter to SJEDC to this effect.
U95 DEDICATION
Ann Porter reported that the work on the dedication ceremonies is completed. This will be held Sat. Nov. 2, at Butler Wash Area.
ROAD BUDGET MATTERS & BACK OVERTIME PAY
Lynn Adams discussed the County Roads and B Roads funds with the Commissioners. Comm. Holmes advised Mr. Adams to go over these budgets with Treasurer Marian Bayles. Comm. Broderick made the motion that back overtime pay from the first of May 1974 be paid. The motion was seconded by Comm. Dunow and was approved unanimously.
MONTEZUMA CREEK DEPUTY INTRODUCED
Sheriff Wright introduced Mr. Nelson Begay. He has accepted the position of Deputy Sheriff at Montezuma
Creek.
Sheriff Wright asked the Commissioners about puchasing a new car for the sheriffs department. He said
there was enough money in the budget to cover this. The Commissioners advised him to get a bid on a
car, they suggested he see about a '74 model. Sheriff Wright will ask Quality Ford for a bid.
U95 STUDY COMMITTEE MEETING
Comm. Holmes and Comm. Dunow attended the U95 study committee meeting on Oct. 22, 23, 24. This meeting was composed of representatives from the BLM, State Highway Dept. State Land Board, State Dept. of Planning and County Commissioners from Wayne, Garfield and San Juan Counties. There was an onsight review of proposed preservation and development sights along the U95 corrider.
UTAH GAS SERVICE COMPANY FRANCHISE AGREEMENT
The County Attorney said the agreement met with his approval. Comm. Dunow made the motion that they approve the Ordinance, it was seconded by Comm. Broderick.
ORDINANCE NO. 1974-1
GRANTING TO UTAH GAS SERVICE COMPANY, A UTAH CORPORATION, ITS SUCCESSORS OR ASSIGNS, A FRANCHISE FOR THE CONSTRUCTION AND OPERATION OF A GAS DISTRIBUTION SYSTEM IN SAN JUAN COUNTY, STATE OF UTAH, FOR A TERM OF FIFTY YEARS, AND FIXING AND PRESCRIBING CONDITIONS AND TERMS THEREOF.
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SAN JUAN ORDAINS AS FOLLOWS:
SECTION 1. That there is hereby granted to UTAH GAS SERVICE COMPANY, its successors and assigns hereinafter called, "the grantee", the right, privilege, and franchise, for the period of fifty (50) years from and after the passage of this Ordinance, to lay, construct, operate and maintain gas mains, service pipes and lines, curb boxes and other necessary attachments and appliances in the present and future roads, highways, streets, alleys, lanes and other public places in the County of San Juan over which the Board of County Commissioners has juridiciton, for the purpose of conveying, distributing, supplying and selling gas to said county, the inhabitants thereof and property owners and users therein, and to persons and corporations beyond the boundaries thereof, for all useful purposes.
SECTION 2. That all mains, service pipes and lines shall be so laid as to interfere as little as possible with traffic. Grantee, its successors and assigns shall lay and construct all gas mains and pipes under this grant with dispatch in accordance with, established practices with respect to gas line construction, and so as not to unnecessarily interfere with water pipes or other pipes which may have been previously laid in said roads, highways, streets, alleys, lanes and other public places, having regard to the safety and convenience of said county and its citizens. The location of mains, service pipes and lines may be fixed under the supervision of the governing authorities of San Juan County.
SECTION 3. That all roads, highways, streets, alleys, lanes and public places that may be
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opened by the grantee for the aforesaid purposes shall be filled in and put in as good repair as they were prior to the opening thereof and so as to present the least possible obstruction and inconvenience to the travelling public.
SECTION 4. That permission is hereby granted, unto the said Utah Gas Service Company, its successors or assigns, to assign this franchise and all rights hereunder and upon assignment of this franchise in accordance herewith, said successors or assigns, whether individuals or corporations, shall become entitled to all the rights and privileges herein granted and shall assume all the obligations and duties herein provided.
SECTION 5. That said county shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the grantee of its pipe lines and appurtenances hereunder, and the acceptance of this franchise shall be deemed an agreement on the part of said grantee, its successors and assigns to indemnify said county and hold it harmless against any and all liability, loss, cost, damage or expenses which may accrue to said county by reason of any neglect, default, or misconduct of the grantee in the construction, operation or maintenance of said pipe lines and appurtenances.
SECTION 6, This franchise is granted in consideration of the mutual covenants and purposes herein contained and the acceptance by the grantee, of the terms and conditions of this ordinance as herein provided, together with the payment by the grantee to the County within ninety (90) days after the effective date of said ordinance of the total sum of Fifty Dollars ($50.00). It is understood and agreed by and between SAN JUAN COUNTY and Utah Gas Service Company that the consider-above provided shall be in lieu of any and all other franchise, occupation, privilege, license, excise, revenue or similar taxes, and all other exactions (except ad valorem property taxes and special assessments for local improvements) upon the revenue, property, gas mains, gas supply and distribution pipes, equipment, fixtures, or other appurtenances of said company, and all other property or equipment of said company, or any part thereof, including but not limited to any tax levies, license fees, charges, assessments, fees or payments imposed or which may hereafter be imposed during the term of this franchise.
SECTION 7. That said grantee shall, within ninety (90) days after the passage of this Ordinance, accept in writing duly filed with the County Clerk of San Juan County, this franchise and the grants and privileges herein given, together with the conditions binding upon said grantee.
SECTION 8 This Ordinance shall be published in the San Juan Record, a newspaper of general
circulation within San Juan County, for one publication on October _______, 1974 and be in full
force and effect upon the expiration of twenty (20) days following the date of publication.
Passed by the Board of County Commissioners of San Juan County, Utah, this 29 day of October, 1974, the vote on said Ordinance being as follows:
Commissioner Case Broderick, Voting "yes", /s/ Case D. Broderick
Commissioner Dale Holmes Voting "yes", /s/ Dale Holmes______
Commissioner William G. Dunow Voting "yes", /s/ William G. Dunow
ATTEST:
/s/ Clytie Barber________
Clytie Barber
San Juan County Clerk
ABATEMENT DENIED
Ellis Tinsley's application for abatement was turned down on the grounds that her earnings are more than allowed under law.
CORRESPONDENCE RECEIVED
Beverly J. Cavanaugh wrote concerning educational TV in this area. Comm. Holmes will answer her letter.
A letter from the US Department of Forest Service was received informing the Commissioners that
Reed Christensen has been selected to fill the Supervisor position on the Manti-LaSal National Forest
effective Nov. 24, 1974. Mr. Reed will live in Price.
Bruce K. Halliday sent a letter of resignation from the Planning Commission.
A Report and Tentative Order was received from the Public Service Commission of Utah in the Matter of the application of Thin Bear Indian Art and Crafts dba Wilderness Touring, Packing and Hunting for a certificate of convenience and necessity No. 1854.
FUNDS REQUESTED BY SEUCAP - Division of Aging
A letter was received from Marie Tibbit of Southeastern Utah Community Action Program requesting
that San Juan County allocate $500 to SEUCAP. The Commissioners stated that they had voted unanimously
not to participate in the Division of Aging programs, therefore we have no money available.
THE FOLLOWING CLAIMS WERE PRESENTED AND APPROVED FOR PAYMENT
Jimmy Grant B-Roads Subsistance 54.00
Thomas Holly B-Roads Subsistance 72.00
Jim N. Benally B-Roads Subsistance 72.00
Harold P. Williams B-Roads Subsistance 54.00
Johnson Begay B-Roads Subsistance 78.00
Stevens Communications Maintenance Contract for Oct. 350.00
Dlebert M. Fennell Tool Allowance 10.00
John W. Johnson Tool Allowance 10.00
Robert F. Bryan Tool Allowance 10.00
Boyd J. Laws Tool Allowance 10.00
Lynn L. Adams Salary for Oct. 797.00
Max Bailey Wages for Oct. 553.60
Clytie E. Barber Salary 750.00
Floyd A. Barrell Salary & Ins. Benefit 256.35
George H. Barry Wages 700.48
Marion Bayles Salary 750.00
Johnson Begay Wages 558.92
Nelson Ben Begay Salary for 1 week 150.00
Barbara Louise Behunin Salary for Oct. 360.00
Jim N. Benally Wages 635.36
Oley Black Wages 675.08
Bernal Bradford Wages 710.60
George R. Bradford Wages 512.79
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Louise D. Black Wages 236.35
Case Dixon Broderick Salary for Oct. 500.00
David Bronson Wages for Oct. 565.20
Ted C. Bronson Wages + 12 hrs. O.T. 787.72
Aroe G. Brown Wages + 9 hrs. O.T. 775.15
Robert F. Bryan Wages + 2 hrs. O.T. 795.99
David L. Butterfield Wages 484.38
Ervin L. Butterfield Wages 478.40
Alice Louise Christensen Salary for Oct. 400.00
Don Francis Christensen Salary 500.00
Robert R. Crum Wages 633.96
William G. Dunow Salary 500.00
Robert J. Fellmeth Salary 250.00
Delbert M. Fennell Wages + 1 1/2 hrs. O.T. 743.73
Melinda S. Goodknight Wages 301.40
Jimmy Grant Wages 584.82
David L. Guymon Wages 877.00
Gene Y. Hacking Salary for Oct. 400.00
Albert R. Haskins Salary for Oct. 600.00
Stanley M. Hawkins Wages + 2 1/2 hrs. O.T. 710.43
Robert A. Holden Wages + Ins. Benefit 651.71
Thomas Holly Wages 527.52
R. Dale Holmes Salary 558.01
Gerald John Hytry Salary 600.00
John W. Johnson Wages 511.29
Cardon De Jones Wages + 3 1/2 hrs. O.T. 648.00
Richard S. Kasper Wages 510.25
Ellen Kirby Wages 290.18
Jack H. Kirby Salary 680.00
Barton Michael Lacy Salary 625.00
Boyd J. Laws Wages + 1 1/2 hrs. O.T. 557.35
Francis G. Laws Salary for Oct. 625.00
James Parley Laws Wages 700.48
Craig R. Leavitt Wages 608.96
Darlene B. Low Salary + Ins. Benefit 541.35
George M. Low J.P. Fees for Sept. 80.00
LaVar B. Lyman Wages 797.00
Elizabth McFarland Salary + Ins. Benefit 266.35
Ronald V. McKenzie Wages + 5 1/2 hrs. O.T. 689.70
Eloise B. Mahon Substitute Librarian 7 hrs. @ 2.00 14.00
Jimmy Manheimer Wages + Ins. Benefit + 3 hrs. O.T. 635.69
Stanley H. Martineau Salary for Oct. 231.00
Stephen K. Meyer Wages 759.00
Barbara B. Montella Salary & Ins. Benefit 641.35
Clint D. Palmer Wages 540.08
Joseph Rex Nielson Wages 619.34
Rex L. Mortensen Wages 415.20
Alma M. Palmer Wages 646.00
John D. Palmer Wages 700.48
Kenneth Vee Palmer Salary + Ins. Benefit 676.35
Ted D. Palmer Wages 449.86
R. L. Pearson Wages 700.48
Douglas E. Pehrson Salary 729.16
Earl Pehrson Salary + Ins. Benefit 516.35
Josephine H. Pehrson Wages 195.60
Michael J. Pehrson Wages 635.36
L. Doyle Perkins Wages 640.10
Fern S. Peterson Salary for Oct. 460.80
Anne B. Porter Salary 500.00
Bud E. Prettyman Wages 608.96
Ralph R. Ramstetter Wages 635.36
F. Bennion Redd Salary for Oct. 866.66
Herbert W. Redshaw Salary + Ins. Benefit 851.35
Ila A. Robson Assistant Librarian 64 hrs. @ 2.00 hr. 128.00
LeRoy Romero Salary for Oct. 530.00
Albert Sam Wages 546.36
John H. Stewart Wages 384.00
Margaret B. Taylor Salary for Oct. 650.00
Phillip B. Tsosie Wages 482.89
Isaac Vigil Wages 518.04
William D. Utley Wages + Ins. Benefit 594.17
Daniel J. Walker Salary for Oct. 500.00
W. Dale Walker Wages 553.60
Arvilla E. Warren Salary for Oct. 750.00
Maxine B. Webb Salary for Oct. 400.00
F. M. Whittaker Deputy Jailer 44 hrs. 118.80
Harold P. Williams Wages 606.48
Willard L. Winey Wages for Oct. 751.34
Edward Wood Wages 608.96
S. Rigby Wright Salary for Oct. 791.66
San Juan County Road Dept. Tires and Gas 2,304.02
Matthew Bender & Co. Inc. Legal Publications 21.00
Mountain West Office Products Prong fasteners 5.90
Bruce K. Halliday Public Defender Agreement for Sept. to Oct. 340.00
J. Kyle Clark M.D. Sanity hearing 10.00
Office Equipment Co. Typewriter ribbons 11.00
Gary Dunow Witness Fee 8.00
There being no further business to come before the Board at this time, upon motion meeting adjourned
Ellen Kirby, Deputy Clerk Dale Holmes, Chairman of the Board