NOTE: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify Quinn Bennion, 374 East Main, Vernal, Utah 84078 or phone (435) 789-2255 at least three days before the meeting. NOTICE OF PUBLIC MEETING TO THE PUBLIC AND RESIDENTS OF VERNAL CITY: Notice is hereby given that the VERNAL CITY COUNCIL will hold a regular meeting on Wednesday, October 2, 2019 at 7:00 p.m. in the Vernal City Council Chambers at 374 East Main St, Vernal, Utah. A G E N D A 7:00 p.m. OPENING CEREMONY 1. Invocation or Uplifting Thought 2. Pledge of Allegiance STANDING BUSINESS 1. Approval of the Minutes of September 18, 2019 Regular Meeting PUBLIC BUSINESS 1. Request for Funding of Mayor’s Walk and Fall Carnival – Shauna Jo Eves POLICY & LEGISLATION 1. Request for Approval of Memo of Understanding for Indigent Services – Allen Parker 2. Request for Approval of Mott Land Acquisition for Airport, Sponsor Certificate of Title – Doug Brown 3. Request for Declaration of Surplus Property List – Danny Anderson ADMINISTRATIVE REPORTS ADJOURN
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NOTE: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this
meeting should notify Quinn Bennion, 374 East Main, Vernal, Utah 84078 or phone (435) 789-2255 at least three
days before the meeting.
NOTICE OF PUBLIC MEETING
TO THE PUBLIC AND RESIDENTS OF VERNAL CITY: Notice is hereby given that
the VERNAL CITY COUNCIL will hold a regular meeting on Wednesday, October 2, 2019 at 7:00
p.m. in the Vernal City Council Chambers at 374 East Main St, Vernal, Utah.
A G E N D A
7:00 p.m. OPENING CEREMONY
1. Invocation or Uplifting Thought
2. Pledge of Allegiance
STANDING BUSINESS
1. Approval of the Minutes of September 18, 2019 Regular Meeting
PUBLIC BUSINESS
1. Request for Funding of Mayor’s Walk and Fall Carnival – Shauna Jo Eves
POLICY & LEGISLATION
1. Request for Approval of Memo of Understanding for Indigent Services – Allen Parker
2. Request for Approval of Mott Land Acquisition for Airport, Sponsor Certificate of Title – Doug
Brown
3. Request for Declaration of Surplus Property List – Danny Anderson
ADMINISTRATIVE REPORTS
ADJOURN
MEMORANDUM
TO: Mayor & City Council
FROM: Quinn Bennion, City Manager
RE: Agenda Items for September 18, 2019 Council Meeting
PUBLIC BUSINESS
1. Request for funding of Mayor’s Walk and Fall Carnival – Shauna Jo Eves. The
Recreation District organizes and hosts the Mayor’s Walk and Carnival. The City budget
includes $500 for the event. See attached information about the event.
POLICY & LEGISLATION
1. Request for Approval of Memo of Understanding for Indigent Services – Allen Parker.
The City applied for a grant from the state to supplement the funding for indigent defense
services. The City received a grant award of $10,000. As part of the State’s focus on
improved indigent defense services, a local manager was hired last year, Lance Dean. He
works to coordinate local indigent defense services. In coordinating with his office, Mr. Dean
agreed that he could provide the services when conflict cases arise in Vernal City. This
MOU captures this arrangement.
2. Request for Approval of Mott Land Acquisition for Airport, Sponsor Certificate of
Title – Doug Brown. The County and City recently purchased additional property at the
airport along 2500 South. As owners and sponsors of the airport, the County and City must
sign off on the certificate of title. This is an FAA reimbursed item.
3. Request to Classify the Surplus Property List – Danny Anderson. The City is ready to
dispose of equipment and materials that are no longer in use. Staff recommends the use of an
online auction site. As part of the process, the Council must approve declaring the items
surplus.
INUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD 1
SEPTEMBER 18, 2019 at 7:00 p.m. in the Vernal City Council room, 374 East Main, 2
Vernal, Utah 84078. 3
4
PRESENT: Councilmembers Travis Allan, Samantha Scott, and Bert Clark and Mayor Doug 5
Hammond. Councilmembers Ted Munford and Dave Everett were excused. 6
7
WELCOME: Mayor Doug Hammond welcomed everyone to the meeting. 8
9
INVOCATION OR UPLIFTING THOUGHT: The invocation was given by Councilmember 10
Travis Allan. 11
12
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Samantha 13
Scott. 14
15
APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 21, 2019 REGULAR 16
MEETING: Councilmember Bert Clark moved to approve the minutes of August 21, 2019 with 17
one correction. Councilmember Travis Allan seconded the motion. The motion passed with 18
Councilmembers Allan, Scott and Clark voting in favor. 19
20
DECLARING UNOPPOSED CANDIDATES IN THE NOVEMBER 5, 2019 MUNICIPAL 21
ELECTION AND CANCELING NOVEMBER 5, 2019 ELECTION – RESOLUTION NO. 22
2019-18: Quinn Bennion explained that this Resolution relates to the upcoming election 23
scheduled for November 5, 2019. There are three Council seats up for election with two 24
incumbents, Dave Everett and Travis Allan refiling, and a new candidate Nicholas Porter, filing 25
for the seat being vacated by Samantha Scott. The time frame for a write-in candidate has 26
passed so there is no reason to hold an election. Councilmember Bert Clark stated the only 27
pertinent item is the proposition for the School District which is a county-wide race, not a 28
municipal item. After further discussion, Councilmember Bert Clark moved to approve 29
Resolution No. 2019-18. Councilmember Samantha Scott seconded the motion. The motion 30
passed with the following roll call vote: 31
32
Councilmember Allan ..................................................................................................... aye; 33
Councilmember Scott .................................................................................................... aye; 34
Councilmember Clark ..................................................................................................... aye. 35
36
REQUEST FOR APPROVAL TO CONSIDER AMENDING THE VERNAL CITY 37
MUNICIPAL CODE, SECTION 13.12.040 – BILLINGS FOR WATER USAGE 38
ASSOCIATED WITH LEAKS – ORDINANCE NO. 2019-14 (2ND
READING): Quinn 39
Bennion explained that this draft Ordinance was reviewed at the last meeting and several changes 40
were made to address the concerns of the Council. He noted that homeowners and businesses are 41
responsible for the maintenance of their water line from the meter to the structure. However, 42
there are occasions where the water line breaks on the property owner’s side and they are not 43
aware of it until they receive a bill or it is significant enough that the City sees the high usage on a 44
report. This Ordinance would allow a 50% rebate for additional water billing costs associated 45
M
MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD
SEPTEMBER 18, 2019
with the leak during the time the user is unaware of the leak. The draft ordinance was changed to 46
make it clear that it is the water users responsibility and the property receives credit only once in a 47
10 year period. Councilmember Bert Clark asked if this change will go back retroactively to help 48
those residents that have had issues. Quinn Bennion stated the finance department will look at 49
issues up to 3 months ago. Councilmember Travis Allan stated the ordinance should read “once” 50
in a ten year period. After further discussion, Councilmember Travis Allan moved to approve 51
Ordinance No. 2019-14 with the one correction. Councilmember Samantha Scott seconded the 52
motion. The motion passed with the following roll call vote: 53
54
Councilmember Allan ..................................................................................................... aye; 55
Councilmember Scott .................................................................................................... aye; 56
Councilmember Clark ..................................................................................................... aye. 57
58
REQUEST TO CONSIDER APPROVAL OF A PRIVATE GROUND LEASE 59
AGREEMENT FOR SPACE 5 AT THE VERNAL REGIONAL AIRPORT: Quinn Bennion 60
stated that he was notified today that this item has been dropped as the ground leasee has rescinded 61
his offer. 62
63
REQUEST TO CONSIDER APPROVAL OF A MEMORANDUM OF UNDERSTANDING 64
WITH UINTAH TRANSPORTATION SPECIAL SERVICE DISTRICT FOR THE 65
CONSTRUCTION OF A JOINT PAVING PROJECT WITH FUNDING THROUGH THE 66
COMMUNITY IMPACT BOARD: Quinn Bennion explained that this agreement is between the 67
Uintah Transportation Special Service District, Vernal City, Ballard City and Naples City to do a 68
joint pavement improvement project. The reasoning to do a joint project is to maximize the 69
quantities and hopefully receive a better bid. The UTSSD approached the Community Impact 70
Board for funding and received a $2.5 million dollar grant. The grant amount for Vernal City is 71
$400,000 with matching funds of $400,000. Mr. Bennion explained how the Community Impact 72
Board operates and where the funds come from. After further discussion, Councilmember 73
Samantha Scott moved to approve the MOU with the Uintah Transportation Special Service 74
District. Councilmember Travis Allan seconded the motion. The motion passed with the 75
following roll call vote: 76
77
Councilmember Allan ..................................................................................................... aye; 78
Councilmember Scott .................................................................................................... aye; 79
Councilmember Clark ..................................................................................................... aye. 80
81
ADMINISTRATIVE REPORTS: 82
83
Transportation Optional Sales Tax: 84
Quinn Bennion explained that he has prepared a spread sheet for the joint City / County meeting 85
related to the sales tax that the County imposed a week ago. Within the next two weeks the 86
Commissioners have to decide what percentage will go toward the transit system. The higher 87
the percentage, the more dollars that are kept local and possibly more routes such as the Naples 88
MINUTES OF THE VERNAL CITY COUNCIL REGULAR MEETING HELD
SEPTEMBER 18, 2019
route. Once the percentage is set, it cannot be changed without a public vote. 89
90
Joint City / County meeting 91
Quinn Bennion reminded the Council of the upcoming joint City / County meeting to discuss the 92
airport transition and the conference center. The meeting is Monday at 4:30 pm at the County 93
building. 94
95
Water Leak: 96
Councilmember Bert Clark stated he received a complaint of a water leak that took the crews four 97
days to fix. He asked the staff to find out what happened. 98
99
Quinn Bennion introduced the City’s mechanic Shawn Rasmussen. He worked for Perry Motor 100
and decided to make the change to the City. 101
102
Preamble of the United States: 103
Uintah High School Student Ben Howcroft explained that the students will receive extra credit if 104
the can recite the Preamble of the United States of America for the Council. The Council was 105
excited to watch the students perform the Preamble. 106
107
ADJOURN: There being no further business; Councilmember Samantha Scott moved to adjourn. 108
Councilmember Travis Allan seconded the motion. The motion passed with a unanimous vote 109
and the meeting was declared adjourned. 110
________________________________ 111
Mayor Doug Hammond 112
ATTEST: 113
114
________________________________ 115
Roxanne Behunin, Deputy Recorder ( S E A L ) 116
2019 Projection
Starting Budget URD
Uintah Recreation District $1,500.00
Vernal City $750.00
Naples City $250.00
Others - Inkind and donations $1,000.00
Total Operation Budget $3,500.00
Advertising
Newspaper Donated
School Flyers $100.00
Posters In House cost
Banners Reusing
Balance $100.00
Games
Booths $100.00
Prizes (not Candy) $1,800.00
Candy $1,500.00
Balance $3,400.00
Mayors Walk
Signs Making them and Reusing
Decorations Donations and Revamping old
Balance $0.00
Other Expenses
Thank you's - Ad in vernal Express Possible trade
Balance $0.00
Total Spending $3,500.00
Operating Budget $3,500.00
Balance $0.00
Halloween Budget and Assignments
EXECUTIVE SUMMARY
Effective: 09/01/2019 – 06/30/2020
PURPOSE
This summary is designed to set forth the procedure for the MOU between Vernal City and the Uintah
County Public Defender Office for indigent defense resources and grant reporting to the Indigent Defense
Commission (IDC).
PROCEDURE
1. Billing
a. All invoices for contracted attorneys, and defense resources will be submitted to the Uintah
County Public Defender Office (152 E. 100 N. Vernal, Utah 84078) for screening and
approval.
b. Approved invoices will be delivered to Vernal City for payment by Vernal City.
2. Reporting
a. Vernal City will provide to the Uintah County Public Defender Office, copies of all invoices
and checks issued by Vernal City for contract attorneys and defense resources.
b. The Uintah County Public Defender Office will comply with the IDC guidelines and
deadlines for quarterly grant reporting.
3. Reimbursement. The IDC will reimburse Vernal City on a quarterly basis, after approval of
quarterly grant reporting.
4. Contracted Attorney(s)
a. The Uintah County Public Defender Office and Vernal City will collaborate in the hiring
process of contracted attorneys.
b. The Uintah County Public Defender Office will oversee the duties of the contracted
attorneys.
c. Contracted Attorneys will report statistical data to the Public Defender Office for grant
reporting purposes.
d. Complaints will be referred to Uintah County Public Defender Office for investigation,
training, resolution, etc. by the Director.
5. Conflict Counsel
a. The Director of the Uintah County Public Defender Office will be assigned all conflict cases
from the Vernal City Justice Court.
b. All conflict cases assigned to the Uintah County Public Defender Office will be handled with
no fee, as part of the grant agreement with the IDC.
c. Should the Director be unable to represent a defendant based upon a legal conflict, the
defendant will be reassigned a different attorney, paid for by Vernal City at a rate of $100.00
per hour.
6. Termination. Either party may terminate the MOU, without cause, upon sixty (60) days written
notice served upon the other party, or by mutual consent at any time. Notice shall be deemed
served on the date of mailing.
1
MEMORANDUM OF UNDERSTANDING FOR INDIGENT DEFENSE
SERVICES
OCTOBER 1, 2019 – JUNE 30, 2020
This Memorandum of Understanding is made and executed, effective September 1, 2019,
by and between Vernal City, a body corporate and politic of the State of Utah, hereinafter
referred to as “City,” and the Uintah County Public Defender Office, hereinafter referred to as
“Defender,” to provide constitutional indigent representation in the City’s courts through and
until July 30, 2020.
RECITALS
The United States and Utah Constitutions, and Utah Code §77-32-101 et. seq. (1953 as
amended), require governmental entities to provide to indigent individuals, effective assistance
of defense counsel at all critical phases of criminal proceedings, for prosecutions of offense(s)
carrying the possibility of a deprivation of liberty; and
WHEREAS, the City may fulfill the statutory obligation by contracting with an
established legal defender office as permitted by Utah Code Ann. §77-32-306; and
WHEREAS, Defender is an existing legal defender office organized by Uintah County,
organized according to law and has established a demonstrated record of providing effective,
qualified, competent, and constitutional indigent defense services since its inception; and
WHEREAS, Defender and the City jointly desire to enter into this Memorandum of
Understanding to provide constitutional indigent defense services in all courts under the City’s
jurisdiction;
AGREEMENT
NOW THEREFORE, accepting the recitals above, the City and the Defender agree as
follows:
Section 1. REPRESENTATION
1.1 Defender agrees to oversee all attorneys assigned to indigent individuals who are
entitled by law to court-appointed counsel in the Justice Court of Vernal City, and
in appeals from those actions in Eighth Judicial District Court, the effective
assistance of defense counsel at all critical phases of a criminal proceedings for
prosecutions of offense(s) carrying the possibility of a deprivation of liberty.
1.2 Defender and City agree to collaborate in the hiring process of contracted
attorney(s) to ensure that all such legal representation is provided by attorneys
who are active members in good standing of the Utah State Bar, and who have
appropriate legal qualifications, experience, time, proximity and expertise, to
2
provide competent and effective assistance of counsel in the cases in which they
appear.
1.3 The City agrees that if a court orders an additional attorney to provide court-
appointed counsel on a case in which the attorneys provided by Defender are
already appearing, for conflict-representation or other reasons, the City will pay
for the cost of such conflict attorneys to appear and provide constitutionally
effective defense services.
1.4 It is further understood and agreed by the parties hereto that the Defender in
performing its obligations under this Memorandum, is under the direction of the
City merely as to the designation of tasks to be performed and the results to be
accomplished by the services hereunder agreed to be rendered and performed and
not as to the means and methods for accomplishing results.
1.5 The parties agree that, if in the performance of this Memorandum, any third
persons contracted by the Defender to provide the legal representation
contemplated herein, such person shall be an independent contractor under the
direction, supervision, and control of the Defender in the capacity of indigent
representation. Upon contracting any third persons to provide legal
representation, the Defender agrees to adhere to hiring practices that remain free
from judicial and prosecutorial oversight. All terms of employment or contract,
including hours, wages, working conditions, discipline, hiring, and discharging, or
any other terms of employment, contract, or requirement of law, shall be
determined by the Defender, and the City shall have no right or authority over
such persons or the terms of employment or the terms of such contract, other than
input regarding the initial hiring decision.
Section 2. BASE DUTIES
Defender agrees to provide the following aspects of constitutional representation.
2.1 Pursuant to Utah Code Ann. §77-32-301, Defender shall, subject to the exclusions
of Section 4 and Section 5.1 below, oversee constitutional legal representation for
any person for whom a Court has ordered the appointment of counsel, in the
following type of cases:
(a) Vernal City Justice Court Misdemeanor cases;
(b) Eighth District Court Appeals from Vernal City Justice Court
Misdemeanor cases.
2.2 Defender agrees to comply with the Core Principles adopted by the IDC pursuant
to Utah Code §77-32-804, and Federal and State constitutional standards for
effective defense representation.
2.3 Defender agrees to work with the City to monitor attorney caseloads so no
attorney carries a caseload that would unreasonably interfere with the attorney’s
ability to provide effective assistance of counsel. If the Defender deems it
necessary to provide additional attorneys due to an unreasonable caseload
3
precluding effective representation, Defender may seek _________________
__________________________________________( payment from the City for
the cost of such attorneys to appear, and the City may seek reimbursement from
the IDC).
2.4 It is understood and agreed that accessibility to indigent defendants is an integral
consideration to this Memorandum and therefore the Defender agrees to ensure
attorneys are available and accessible to indigent clients reasonably in advance of
any hearing or trial, and to provide representation at all critical stages, and to
encourage a single attorney to provide continuous (vertical) representation
throughout the entirety of a case.
2.5 Defender also agrees to ensure reasonable efforts are made by contracted
attorneys to visit indigent defendants who are incarcerated in the Uintah County
Jail, admitted to a hospital or otherwise detained or confined by the City, at the
earliest possible date; to return telephone calls as soon as reasonably possible and
to otherwise be reasonably accessible to, and provide continuous representation
for, all indigent persons who Defender and its attorneys are appointed to
represent.
2.6 Defender agrees, subject to the exclusions herein, that in providing legal
representation pursuant to this Memorandum, the representation shall be done by
attorneys with specialized experience and include conferring with clients,
attending all matters before the court including scheduling conferences,
telephonic conferences, all hearings and trials, drafting and filing or relevant and
necessary motions and all other matters required to ensure adequate and
competent representation including, but not limited to, probation revocation
hearings and restitution hearings.
2.7 Defender agrees to ensure that any attorneys providing appointed representation
in the City, pursuant to this Memorandum, will be provided with defense
resources separate from their compensation for the service rendered pursuant to
this Memorandum, which are necessary to provide effective representation, which
may include but is not limited to: investigators, experts, social workers,
interpreters, and/or forensic services, and any resources necessary to provide the
effective assistance of counsel. The City is responsible for the costs of those
defense resources to the extent they are not covered by grant funds.
2.8 Representation pursuant to this Memorandum shall include the first appeal as of
right. Defender agrees to ensure appellate attorneys have access to defense
resources for all aspects of appellate proceedings.
2.9 Defender agrees to meet with the Vernal City Council annually to review indigent
defense expenditures, attorney caseloads and performance. Any time an
extraordinary matter becomes apparent to Defender in the course of duties under
4
this Memorandum, the defender is encouraged to meet with the City Council to
keep them apprised of such situations and discuss whether additional funding may
be necessary to address the matter.
2.10 Defender agrees to cooperate with the City to maintain and make available
records of data and all information necessary for reporting to the IDC, as required
by any grant funding. To wit, by providing, at a minimum, quarterly reports of
expenses incurred for contract attorney services; and quarterly reports of the total
number of appointed cases in which the Defender appeared pursuant to this
Memorandum, including the type of each case, the pleadings filed with the court,
the hearings held in each case, the status or disposition of each case whether by
plea or trial, the motions filed in each case, the hours spent by attorneys on each
case, and/or such other information as may be reasonably requested by the City or
the IDC, which do not violate attorney-client privilege.
2.11 Defender agrees to submit quarterly reporting to the IDC and meet all IDC
deadlines in order for the City to receive quarterly reimbursement payments.
Section 3. COSTS AND PAYMENT
3.1 In exchange for the services rendered in Section 2 above (Base Duties), it is
agreed to between the parties that the City will bear the reasonable and necessary
expenses related to the representation pursuant to this Memorandum. Subject to
any and all available funding sources from IDC.
3.2 The City will not pay the Uintah County Public Defender Office for the
participation and oversight of the above-described base duties. The City shall pay
the contracted attorneys and other conflict counsel attorneys, as consideration for
Defender’s performance of the above-described base duties.
3.3 The City shall additionally, without any judicial or prosecutorial interference or
oversight, make available to the Defender, for defense resources, including but
not limited to: investigators, expert consultation and witnesses, scientific and
medical testing, transcripts, copies of records, and any other means necessary to a
complete defense as required by the Federal and State Constitutions and Utah law,
on an ‘as billed’ basis.
3.4
3.4.1 City shall provide the Defender with a full accounting of its expenditure of
all reserved funds, including check copies, quarterly for IDC reporting
purposes.
3.4.2 Should this agreement be terminated, City shall provide Defender with a
full accounting of all Reserve funds received and expended for final
quarterly reporting purposes.
3.4.3 Defender agrees to use best efforts to ensure the cost and expenses
5
withdrawn from the Reserve funds are reasonable.
3.5 The City will bear the reasonable travel costs of Defender, if any is required
outside of Vernal City, in conjunction with their representation of an assigned
indigent defendant.
3.6 Upon a showing of critical need, Defender may request additional funding for
extraordinary unforeseen expenses which may arise during the term of this
agreement, from the City, which may then request additional funding in grants
from the Indigent Defense Commission.
3.7 The City will be reimbursed for quarterly spending, up to the quarterly amount
awarded by the IDC, within the parameters of the IDC quarterly payment
structure.
Section 4. TRANSITION
In the event this Memorandum is terminated or is not renewed:
4.1 Defender agrees to complete those existing cases where it is not feasible for
Defender to withdraw.
4.2 Defender agrees to cooperate with Defender’s successors including the filing of
all necessary pleadings for withdrawal and to deliver all applicable files,
information and materials to the successor.
4.3 If Defender is not permitted to withdraw from the representation in any matter by
the court, the City agrees to compensate the Defender for base services under
Section 3 above, at the prevailing hourly rate being paid to attorneys who handle
conflict-of-interest cases.
4.4 Non-funding. It is understood by the parties that as a governmental entity, the
City funding for this agreement is subject to the funds being appropriated by the
legislative body and the IDC and the State of Utah. In the event no funds or
insufficient funds are appropriated and budgeted in the fiscal year(s) of this
Agreement, this agreement shall terminate and become null and void on the last
day of the fiscal year for which funds were budgeted and appropriated, or in the
event of a reduction in appropriations, on the last day before the reduction
becomes effective. Said termination shall not be construed as a breach or default
under this agreement and said termination shall be without penalty, additional
payments, or other expense to the City of any kind whatsoever, and no right of
action for damages or other relief shall accrue to the benefit of either party.
4.5 Discrimination. Defender assures that he will comply with the Americans with
Disabilities Act (ADA), and Title VI of the Civil Rights Act of 1964 and that no
person shall, on the grounds of race, creed, color, sex, sexual orientation, marital
status, disability, or national origin, be excluded from participation in, be denied
6
the benefits of, or be otherwise subjected to discrimination under this agreement.
Section 5. TERMINATION
Either party may terminate this Memorandum, without cause, upon sixty (60)
days written notice served upon the other party, or by mutual consent at any time.
Notice shall be deemed served on the date of mailing.
Section 6. OTHER PROVISIONS
6.1 It is understood by the parties that Defender is an not an agent, representative, or
employee of the City nor is this Memorandum intended to create such a
relationship. It is further understood by the parties that all compensation
provided hereunder shall not include deductions for FICA, Federal and State
income tax and shall not include retirement benefits, health benefits, holiday pay
leave or any other fringe benefit of the City.
6.2 Notice. Any notice required by this Memorandum shall be given in writing
addressed to the following unless otherwise designated in writing.
FOR THE CITY:
Vernal City
374 E. Main St.
Vernal, Utah 84078
FOR THE DEFENDER:
Uintah County Public Defender Office
152 E. 100 N.
Vernal, Utah 84078
In witness whereof, the parties have executed this Memorandum of Understanding the
Mr. John P. Bauer Manager, Denver Airports District Office 26805 E 68th Ave. Ste 224 Denver, CO 80249-6339 Dear The County of Uintah and City of Vernal, Utah (hereinafter referred to as the “Sponsor”), pursuant to Section 47105(d) of the Federal Aviation Reauthorization Act of 1996, as amended, hereby certifies that satisfactory property interest to the land indicated herein is vested in the Sponsor under the terms and conditions of a Grant Agreement with the Federal Aviation Administration, Federal Project No. 3-49-0037-036-2019. In the opinion of the representatives of Commissioner William Stringer and Mayor Doug Hammond, the Sponsor has full and adequate legal title to the property interest indicated and, as shown on the Exhibit "A", as of the time and date stated in the title documents, and has adequate title to satisfy local laws and ordinances:
Quality of Interest
Parcel Number (Per Exhibit “A”) (Fee, Easement, etc.)
Parcel No. 48 Fee Simple
The land interest acquired meets the requirements of the Federal Aviation Administration, except for easements, liens, separate mineral estate, leases, or other encumbrances on the parcels noted below. However, such encumbrances, which are described on the attachment, do not affect the use of the land for airport purposes. Not Applicable The evidence of title is based on Title insurance Policy No.5011400-2376580e issued on April 11th, 2019 by the First American Title Insurance Company. Recorded April 11th, 2019 in Book 1601 Page 491. The sponsor recognizes and accepts full responsibility for the clearing of any outstanding encumbrances, defects, and exceptions to the title which may in any way affect the future use and operation of the land for airport purposes as may be determined by the FAA. It is understood that the FAA reserves the right to cancel this certification at any time. Although specific title evidence documents are not submitted herewith, copies of deeds and other appropriate evidence of title for the land are on file with the Sponsor and are available for inspection by the FAA.
Bauer: Mr.
Page 2 of 2 Pages
Sincerely,
__________________________________ Uintah County
Signature of sponsor official authorized to sign Grant Agreement
__________________________________ Date
_________________________________ Signature of Uintah County Attorney
Sincerely,
__________________________________ Vernal City
Signature of sponsor official authorized to sign Grant Agreement
__________________________________ Date
_________________________________ Signature of Vernal City Attorney