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SOUTH WEBER CITY COUNCIL AGENDA
PUBLIC NOTICE is hereby given that the City Council of SOUTH WEBER, Davis County, Utah will meet in a REGULAR public meeting TUESDAY, 23 FEBRUARY 2010 at the City Council Chambers,
1600 E South Weber Dr, South Weber, UT commencing at 6:00 p.m. ___________________________________________________________________________________________________________ 5:30 p.m. PUBLIC WORK MEETING: REVIEW AND DISCUSS AGENDA ITEMS
COUNCIL MEETING:
6:00 p.m. PLEDGE OF ALLEGIANCE: COUNCILMEMBER WOODBURY PRAYER: COUNCILMEMBER THOMAS APPROVAL OF AGENDA DECLARATION OF CONFLICT OF INTEREST CONSENT AGENDA (These items are considered by the City Council to be routine and will be approved by a
single motion. There will be no separate discussion on Consent Agenda items prior to the vote, unless removed from the Consent Agenda to be considered separately.)
♦ APPROVAL OF 26 JANUARY 2010 COUNCIL MEETING MINUTES ♦ APPROVAL OF 02 FEBRUARY 2010 WORK MEETING MINUTES ♦ APPROVAL OF 16 FEBRUARY 2010 STRATEGIC PLANNING WORK MEETING MINUTES ♦ WARRANT REGISTER – Ratification of Approval of 09 February 2010 ♦ WARRANT REGISTER – Approval of 23 February 2010
6:05 p.m. REVIEW OF 2010 CITY COUNCIL GOALS 6:20 p.m. REVIEW OF CONTRACTS: City Engineer Jones & Associates, City Attorney Stephen Noel, City Prosecuting Attorney Chris Allred, Davis County/City Planner Scott Hess 6:45 p.m. MAYOR CITY COUNCIL ASSIGNMENT UPDATES & OTHER INFORMATION
CITY MANAGER STAFF NON SCHEDULED DELEGATION
7:00 p.m. ADJOURN
THE UNDERSIGNED DULY APPOINTED CITY RECORDER FOR THE MUNICIPALITY OF SOUTH WEBER CITY HEREBY CERTIFIES THAT A COPY OF THE FOREGOING NOTICE WAS MAILED, EMAILED, FAXED OR POSTED TO:
CITY OFFICE BUILDING SOUTH WEBER FAMILY ACTIVITY CENTER DAVIS COUNTY CLIPPER CITY WEBSITE www.southwebercity.com RAY’S VALLEY SERVICE STANDARD-EXAMINER
UT PUBLIC NOTICE WEBSITE ww.utah.gov/pmn SOUTH WEBER ELEMENTARY SALT LAKE TRIBUNE EACH MEMBER OF GOVERNING BODY THOSE LISTED ON THE AGENDA DESERET NEWS
DATE: February 19, 2010 CITY RECORDER: Erika J. Ahlstrom IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, INDIVIDUALS NEEDING SPECIAL ACCOMMODATIONS DURING THIS MEETING SHOULD NOTIFY ERIKA AHLSTROM, 1600 EAST SOUTH WEBER DRIVE, SOUTH WEBER, UTAH 84405 (801-479-3177) AT LEAST TWO DAYS PRIOR TO MEETING. Agenda times are approximate and may be move in order, sequence and time to meet the needs of the Council.
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 1
Input Date(s): ALL - ALL Feb 04, 2010 01:31pm
Report Criteria:
Invoice.Payment Due Date = {<=} 02/20/2010
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
020310 02/03/201013669 ADAM'S LOVE BUSINESS LICENSE OVERPAYMENT 14.00
Total 13669 14.00
013110 01/31/2010236 ALLRED, CHRISTOPHER F ATTORNEY FEES - JANUARY 2010 500.00
Total 236 500.00
90610CR 11/19/2009245 ALPHAGRAPHICS CFD - MAILERS WITH GOLF INSERTS - CREDIT 105.00 -
92095 09/03/2009OFFICE PAPER SUPPLIES 1.10
92958 10/22/2009OFFICE PAPER SUPPLIES 8.15
93414 11/17/2009EOC POSTERS 85.36
94194 12/23/2009MISC LAMINATION 8.00
Total 245 2.39 -
18243 02/01/2010453 ARW ENGINEERS, P.C. ENGINEERING - RESERVOIR #4 PROJECT 10,000.00
Total 453 10,000.00
020110 02/01/201013668 AT YOUR SERVICE LEASING, LLC BUSINESS LICENSE OVERPAYMENT 21.00
Total 13668 21.00
011010 01/10/201060 AT&T APPLY TO ACCT#051 308 0409 001 32.73
011310 01/13/2010APPLY TO ACCT#051 268 1919 001 37.52
012210 01/22/2010APPLY TO ACCT#051 307 5992 001 32.73
Total 60 102.98
01242010 01/24/20101375 AT&T MOBILITY FIRE - ENGINE ONE AIRCARD 69.24
Total 1375 69.24
536799 01/29/2010625 BARBER BROS FORD VEHICLE REPAIRS - 1999 FORD F250 458.22
Total 625 458.22
020110 02/01/201013667 BLACKNER, JUDY BUSINESS LICENSE OVERPAYMENT 19.00
Total 13667 19.00
200901932 01/31/2010870 BLUE STAKES OF UTAH BLUE STAKES TRANSMISSIONS - JAN 2010 45.22
Total 870 45.22
012210 01/22/201013661 BROAD, GERALD JR JAZZ CERTIFIED OFFICIAL 48.00
020310 02/03/2010JR JAZZ CERTIFIED OFFICIAL 16.00
Total 13661 64.00
011410 01/14/201013664 BROWN, CURTIS JR JAZZ OFFICIAL - CERTIFIED 32.00
012110 01/21/2010JR JAZZ OFFICIAL - CERTIFIED 48.00
020310 02/03/2010JR JAZZ OFFICIAL - CERTIFIED 48.00
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 2
Input Date(s): ALL - ALL Feb 04, 2010 01:31pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
Total 13664 128.00
012110 01/21/201013659 BUCKWAY, CASEY JR JAZZ CERTIFIED OFFICIAL 64.00
020310 02/03/2010JR JAZZ CERTIFIED OFFICIAL 80.00
Total 13659 144.00
1000225 01/19/20101353 CHEMTECH-FORD LABORATORIES PESTICIDES TESTING 925.00
Total 1353 925.00
273 02/01/201013128 CHERRYBOMB, LLC DESIGN WORK - BUSINESS CARDS 200.96
Total 13128 200.96
180726289 01/06/20101378 CINTAS CORPORATION #180 MATS/TOWELS 24.00
UNIFORMS 8.69
UNIFORMS 8.69
180729145 01/13/2010MATS/TOWELS 24.00
UNIFORMS 9.51
UNIFORMS 9.51
180731995 01/20/2010MATS/TOWELS 24.00
UNIFORMS 9.51
UNIFORMS 9.51
180734848 01/27/2010MATS/TOWELS 24.00
UNIFORMS 9.51
UNIFORMS 9.51
Total 1378 170.44
012710 01/27/201013670 CROWELL, ROBERT JR JAZZ OFFICIAL - CERTIFIED 32.00
Total 13670 32.00
48347 01/21/20101750 DAVIS COUNTY GOVERNMENT BALIFF DUTIES - (12/03/09 & 12/17/09) 175.94
Total 1750 175.94
051810 02/01/20101137 DPS/PUBLIC SAFETY SUMMIT PUBLIC SAFETY SUMMIT - MATT DIXON MAY 18-20, 2010 150.00
Total 1137 150.00
16439 01/25/20102643 FREEDOM MAILING SERVICES, INC NEWSLETTER - FEB/MAR 10 367.84
16474 01/29/2010UTILITY BILLING 203.12
UTILITY BILLING 203.12
UTILITY BILLING 203.12
UTILITY BILLING 203.12
Total 2643 1,180.32
2010-1081 01/31/20103375 INTERMOUNTAIN DRUG TESTING DRUG TESTING - ALL 100.00
Total 3375 100.00
24176 01/28/20103660 INTERWEST SUPPLY CO SNOW BLADES 173.10
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 3
Input Date(s): ALL - ALL Feb 04, 2010 01:31pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
Total 3660 173.10
1570 01/21/20103840 KASTLE ROCK EXCAVATING INC FIRE - BACKHOE WORK AT 10 E SOUTH WEBER DRIVE HOUSE FIRE 255.00
1572 01/26/2010SALT (65.69 TONS) 410.56
SALT (63.11 TONS) 394.44
SALT (53.33 TONS) 333.31
Total 3840 1,393.31
7803 01/21/20103829 KEITH KAP AND SONS EXCAVATING SNOW REMOVAL - 01/19/10 240.00
SNOW REMOVAL - 01/21/10 240.00
7805 01/25/2010SNOW REMOVAL - 01/23/10 480.00
SALT - 01/23/10 220.00
CLEAN UP WITH LOADER - 01/24/10 160.00
7807 01/31/2010SNOW REMOVAL - 01/31/10 240.00
SALT - 01/31/10 82.50
Total 3829 1,662.50
012110 01/21/201013660 LAWRENCE, MARK JR JAZZ CERTIFIED OFFICIAL 64.00
020310 02/03/2010JR JAZZ CERTIFIED OFFICIAL 48.00
Total 13660 112.00
226198 02/02/20106920 LAYTON TRIPLE STOP GASOLINE - PUBLIC WORKS 36.01
226557 02/03/2010GASOLINE - PUBLIC WORKS 13.00
226758 02/04/2010GASOLINE - PUBLIC WORKS 93.29
Total 6920 142.30
013110 01/31/201013666 MONROE, HEATHER UTILITY DEPOSIT REFUND 52.69
Total 13666 52.69
20350 01/12/20104575 MORGAN ASPHALT EMERGENCY WATER LINE REPAIR - 8200 SOUTH 2,980.00
Total 4575 2,980.00
70468642 01/21/20104950 NORTH AMERICAN SALT COMPANY SALT FOR SNOW REMOVAL - (53.33 TONS) 1,199.93
Total 4950 1,199.93
506583514-001 01/27/20105010 OFFICE DEPOT OFFICE SUPPLIES - FAC 28.04
OFFICE SUPPLIES - CITY OFFICE 87.01
Total 5010 115.05
210256647 01/22/20107590 OLDCASTLE PRECAST WATER LEAK - GLEN POLL'S 356.16
Total 7590 356.16
010110 01/01/201040300 PERRY HOMES UTILITY OVERPAYMENT - ACCT #1059000 - 487 E PETERSEN PKWY 25.39
Total 40300 25.39
23078 12/10/20095320 PETERSEN FARM SUPPLY OFFICE SUPPLIES 21.98
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 4
Input Date(s): ALL - ALL Feb 04, 2010 01:31pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
Total 5320 21.98
012010-1 01/20/20105580 QUESTAR GAS COMPANY NATURAL GAS BILLS - 2701 E 7800 S 110.74
012110-2 01/21/2010NATURAL GAS BILLS - CITY OFFICE 148.74
012110-3 01/21/2010NATURAL GAS BILLS - 1327 S W DRIVE 166.91
012110-4 01/21/2010NATURAL GAS BILLS - 1591 E S W DRIVE 94.66
012110-5 01/21/2010NATURAL GAS BILLS - 7355 S 1375 E 933.11
012110-6 01/21/2010NATURAL GAS BILLS - 1721 E S WEBER DR 857.53
Total 5580 2,311.69
020310 02/03/201013671 RODRIQUEZ, MARIO CIVIC CENTER DEPOSIT REFUND 200.00
Total 13671 200.00
JAN 2010 01/31/20105760 RVS VALU MART GASOLINE - PUBLIC WORKS 431.40
GASOLINE - SNOW PLOW 431.40
Total 5760 862.80
010110 01/01/201013663 UDOT PROPERTY UTILITY OVERPAYMENT REIMBURSE - 6390 SOUTH RAYMOND DRIVE 12.45
Total 13663 12.45
1106302 01/12/20107065 UNIFIRST CORPORATION FIRE STATION - 01/12/10 18.50
1111003 01/26/2010FAC TOWELS & MATS - 01/26/10 33.50
1111006 01/26/2010CITY MATS - 01/26/10 23.00
1111021 01/26/2010FIRE STATION - 01/26/10 18.50
1113367 02/02/2010FAC TOWELS & MATS - 02/02/10 33.50
Total 7065 127.00
3657-1 01/31/20107085 UPPERCASE PRINTING, INK REC FLYERS FOR JAN UTILITY BILLING 37.67
3657-2 01/31/2010NEWSLETTER - FEB/MAR 10 PRINTING 508.61
3657-3 01/31/2010UTILITY FORMS & ENVELOPES 125.90
UTILITY FORMS & ENVELOPES 125.90
UTILITY FORMS & ENVELOPES 125.90
UTILITY FORMS & ENVELOPES 125.88
Total 7085 1,049.86
34817 01/26/20107102 UTAH COMMUNICATIONS AGENCY NET RADIO - FIRE DEPARTMENT JAN 2010 651.00
34818 01/26/2010RADIOS - PUBLIC WORKS JAN 2010 139.50
Total 7102 790.50
1387075 01/10/20107320 UTAH LOCAL GOVERNMENTS TRUST WORKERS COMP MONTHLY FEE - UNDERCHARGES FOR JAN 2010 INVOICE #138538146.04
1387077 01/10/2010ACCIDENTAL DENTAL PREMIUM - CREDIT FOR OVERPAYMENT IN JAN 2010 INVOICE #1385383.52 -
1387079 02/01/2010WORKERS COMP MONTHLY FEE - FEB 2010 1,029.74
1387080 02/01/2010ACCIDENTAL DENTAL PREMIUM - FEB 2010 7.28
Total 7320 1,082.54
012510 01/25/20105543 UTAH RETIREMENT SYSTEMS PERFERRED CHOICE DENTAL - (01/01/10 - 01/31/10) 763.10
Total 5543 763.10
104579-18716 01/15/20107387 UTAH STATE UNIVERSITY UTAH GREEN CONFERENCE - ROB STEELE 130.00
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 5
Input Date(s): ALL - ALL Feb 04, 2010 01:31pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
Total 7387 130.00
013110 01/31/20107650 WASATCH INTEGRATED WASTE MGMT DUMP/BURN FEES - JAN 2010 12,080.25
Total 7650 12,080.25
011810 01/18/201013125 WELLS, KATIEJO JR JAZZ OFFICIAL 80.00
020310 02/03/2010JR JAZZ OFFICIAL 48.00
Total 13125 128.00
Total Paid: -
Total Unpaid: 42,270.53
Grand Total: 42,270.53
Dated: __________________________________________
Mayor: __________________________________________
City Recorder: __________________________________________
Report Criteria:
Invoice.Payment Due Date = {<=} 02/20/2010
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 1
Input Date(s): ALL - ALL Feb 18, 2010 04:28pm
Report Criteria:
Invoice.Payment Due Date = {<=} 03/06/2010
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
30234 02/01/201055 A&W DIESEL SALES AND SERVICE STREETS VEHICLE MAINTENANCE 144.34
Total 55 144.34
217234 01/20/2010127 ACADEMY SPORTS FOOTBALL FUNDRAISER AUTOGRAPH FOOTBALLS & BASKETBALLS 168.00
Total 127 168.00
021110 02/11/2010170 AHLSTROM, ERIKA PER DIEM - UMCA CONFERENCE 2010 391.00
Total 170 391.00
90610CR 11/19/2009245 ALPHAGRAPHICS CFD - MAILERS WITH GOLF INSERTS - CREDIT 105.00 -
92095 09/03/2009OFFICE PAPER SUPPLIES 1.10
92958 10/22/2009OFFICE PAPER SUPPLIES 8.15
93414 11/17/2009EOC POSTERS 85.36
94194 12/23/2009MISC LAMINATION 8.00
Total 245 2.39 -
021710 02/17/201013245 ATWATER, PETER JR JAZZ CERTIFIED OFFICIAL 48.00
Total 13245 48.00
013110 01/31/20101017 BOWEN CONSTRUCTION CANYON MEADOWS PARK - CONCRETE & LANDSCAPING 7,592.40
Total 1017 7,592.40
021010 02/10/201013661 BROAD, GERALD JR JAZZ CERTIFIED OFFICIAL 80.00
021710 02/17/2010JR JAZZ CERTIFIED OFFICIAL 64.00
Total 13661 144.00
021010 02/10/201013664 BROWN, CURTIS JR JAZZ OFFICIAL - CERTIFIED 32.00
021710 02/17/2010JR JAZZ OFFICIAL - CERTIFIED 32.00
Total 13664 64.00
021010 02/10/201013659 BUCKWAY, CASEY JR JAZZ CERTIFIED OFFICIAL 96.00
021710 02/17/2010JR JAZZ CERTIFIED OFFICIAL 32.00
Total 13659 128.00
33880 02/01/20101260 CASELLE INC COMPUTER SUPPORT - APRIL- JUNE 2010 1,898.00
Total 1260 1,898.00
2267 02/10/20101335 CENTRAL WEBER SEWER IMPR DIST QUARTERLY SEWER FEE - 1ST QTR 2010 48,106.00
Total 1335 48,106.00
JAN 2010 01/31/20101380 CLARK, MICHELLE C/C MINUTE TRANSCRIBER - JAN 2010 236.24
Total 1380 236.24
419700312028 02/08/20101670 CSK AUTO INC VEHICLE MAINTENANCE 13.48
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 2
Input Date(s): ALL - ALL Feb 18, 2010 04:28pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
419700312029 02/08/2010VEHICLE MAINTENANCE 7.98
419700312180 02/09/2010VEHICLE MAINTENANCE 13.48 -
419700312181 02/09/2010VEHICLE MAINTENANCE 4.99
Total 1670 12.97
2010 02/01/20101750 DAVIS COUNTY GOVERNMENT FIRE CALLS - JUL 2010 to JUL 2011 2,258.76
48406 02/05/2010LAW ENFORCEMENT - JAN 2010 9,256.47
48631 02/08/2010ANIMAL CONTROL - JAN 2010 739.85
48644 02/10/2010BALIFF DUTIES - (01/07/10 & 01/21/10) 157.10
Total 1750 12,412.18
7570 02/08/20101135 DPS BUREAU OF CRIMINAL IDENT EMPLOYEE BACKGROUND CHECKS 70.00
Total 1135 70.00
20045071 01/31/2010430 DYNAQUEST TECHNOLGIES MONTHLY COMPUTER SERVICE 695.00
20045119 01/31/2010OFFICE - LAPTOP MEMORY INSTALL 55.00
Total 430 750.00
16209 12/05/20092643 FREEDOM MAILING SERVICES, INC NEWSLETTER - DEC/JAN 10 377.99
Total 2643 377.99
021010 02/10/201010180 GRAYDON, THOMAS REIMBURSEMENT - BALL VALVE FOR ENGINE 1 29.87
021610 02/16/2010EOC - PROJECTOR CABLING 29.87
Total 10180 59.74
7009 01/13/20104835 HD SUPPLY WATERWORKS METER BOX LIDS 193.40
Total 4835 193.40
021610 02/16/201041370 HOLGATE & SONS CONSTRUCTION COMPLETION BOND RELEASED - BP#SWC091019047 500.00
Total 41370 500.00
5013478246 02/01/20103241 IKON OFFICE SOLUTIONS COPIER MAINTAINANCE AGREEMENT 109.08
Total 3241 109.08
6455355 02/03/20103320 INTEGRA TELECOM CITY OFFICE PHONE LINES 492.99
Total 3320 492.99
2765397 02/03/20103540 INTERNATIONAL CODE COUNCIL INC MEMBERSHIP DUES - 2010 100.00
Total 3540 100.00
9231 01/29/20103810 JOHNSON ELECTRIC PARK & RIDE REPAIRS 1,073.21
Total 3810 1,073.21
14025 02/01/20103793 JONES AND ASSOCIATES CITY ADDRESS MAP 185.50
DAVIS COUNTY STORM WATER COALITION MEETING 103.50
RESERVOIR #4 PROJECT DESIGN 20,679.50
CITY GENERAL PLAN UPDATE 259.00
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 3
Input Date(s): ALL - ALL Feb 18, 2010 04:28pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
2009 AERIAL PHOTOGRAPHY WORK 28.00
WEBER RIVER PARKWAY 334.00
CITY CONDITIONAL USE ORDINANCE 42.50
WEBER RIVER TRAIL - FEMA MAP 1,013.00
WATER SYSTEM AUDIT 42.50
TRAILS MEETING 85.00
CITY STORM WATER MASTER PLAN 127.50
CITY BUILDING SITE INVESTIGATION 127.50
CITY FIRE DEPARTMENT MAPS 212.50
14026 02/01/2010SURE STEEL DEVELOPMENT 85.00
SHUPE SUBDIVISION 26.50
SOUTH WEBER ELEMENTARY EXPANSION 340.00
SWEDIN ESTATES INSPECTIONS 26.50
SILVERLEAF ESTATES # 2 26.50
SILVERLEAF ESTATES # 3 26.50
Total 3793 23,771.00
95082 02/03/20103835 KARREN HENDRIX STAGG ALLEN CO GENERAL ACCOUNT MANAGEMENT 750.00
Total 3835 750.00
021010 02/10/201013660 LAWRENCE, MARK JR JAZZ CERTIFIED OFFICIAL 48.00
021710 02/17/2010JR JAZZ CERTIFIED OFFICIAL 48.00
Total 13660 96.00
226122 02/01/20106920 LAYTON TRIPLE STOP GASOLINE - FIRE DEPARTMENT 7.31
Total 6920 7.31
135694 11/09/20096140 LES SCHWAB TIRE CENTER BACKHOE REPAIRS 80.85
136528 12/08/2009TIRES ROTATION TO SNOW TIRES 65.50
Total 6140 146.35
23330 02/03/20104125 LOWES PROX SHOP SUPPLIES 44.03
Total 4125 44.03
257899 11/02/20094587 MOTION INDUSTRIES PARK SUPPLIES 49.51
257907 11/02/2009PARK SUPPLIES 39.00
Total 4587 88.51
020110 02/01/201013672 MUTTI, ARNOLD UTILITY DEPOSIT REFUND 12.00
021610 02/16/2010BUSINESS LICENSE REFUND 46.00
Total 13672 58.00
2950 02/04/20104783 NATIONWIDE ENVIROMENTAL SRVCS LIFT STATION DEGREASER 129.16
Total 4783 129.16
72583 02/12/201050002 OPTICARE OF UTAH VISION PREMIUMS - FEB 2010 66.55
Total 50002 66.55
020110-1 02/01/20105645 QWEST TELEPHONE BILLS - DATA 54.00
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 4
Input Date(s): ALL - ALL Feb 18, 2010 04:28pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
020110-2 02/01/2010TELEPHONE BILLS - CITY SHOP 48.32
020110-3 02/01/2010TELEPHONE BILLS - FIRE DEPT 130.55
020110-4 02/01/2010TELEPHONE BILLS - FAC 191.13
021010-1 02/10/2010TELEPHONE BILLS - SCADA SYSTEM 45.59
021010-2 02/10/2010TELEPHONE BILLS- LIFT STATION 34.17
Total 5645 503.76
109490 02/01/20105777 RECOMMENDED BUILDING MAINT LLC CUSTODIAL SERVICES 497.00
CUSTODIAL SUPPLIES .00
Total 5777 497.00
1072 02/05/20105830 RIVERDALE CITY CORPORATION SOUTH WEBER CITY BASKETBALL LEAGUES - 3RD/4TH & 5TH/6TH 333.75
Total 5830 333.75
106081 01/31/20105845 ROBINSON WASTE SERVICES INC GARBAGE HAULIING - JAN 2010 8,299.56
Total 5845 8,299.56
020310-01 02/03/20105870 ROCKY MOUNTAIN POWER POWER BILL - PUMP STATION S W DR 889.55
020310-02 02/03/2010POWER BILL - BYRAM PARK ESTATES 7.18
020310-03 02/03/2010POWER BILL - CANYON RIDGE SPRINKLERS 7.08
020310-04 02/03/2010POWER BILL - SCHOOL CROSSING 13.86
020310-05 02/03/2010POWER BILL - CITY HALL 212.07
020310-06 02/03/2010POWER BILL - FIRE STATION 200.56
020310-07 02/03/2010POWER BILL - CEDAR PARK SPRINKLERS 7.08
020310-08 02/03/2010POWER BILL - 1727 E S W DRIVE 144.12
020310-09 02/03/2010POWER BILL - CHERRY FARMS RESTROOMS 11.98
020310-10 02/03/2010POWER BILL - CHERRY FARMS SPRINKLERS 7.08
020310-11 02/03/2010POWER BILL - CIVIC CENTER 33.89
020310-12 02/03/2010POWER BILL - STREET LIGHTS 1,968.19
020410-1 02/04/2010POWER BILL - 1353 E SW DRIVE 18.08
020410-2 02/04/2010POWER BILL - MEMORIAL PARK SPRINKLERS 7.48
020410-3 02/04/2010POWER BILL - HOLDING POND 2020 E 7.18
020410-4 02/04/2010POWER BILL - CENTRAL WEST BOWERY 8.88
020410-5 02/04/2010POWER BILL - FRONTAGE ROAD SPRINKLERS 16.96
020410-6 02/04/2010POWER BILL - WATER STORAGE TANK 7.88
020410-7 02/04/2010POWER BILL - PUMP STATION CORNIA DR 438.34
020510 02/05/2010POWER BILL - LIFT STATION & TOWER 20.49
Total 5870 4,027.93
10118 02/07/20106065 SALT LAKE CITY FIRE TRAINING FIRE DEPT - IFSTA BOOKS 899.15
Total 6065 899.15
013110-1 01/31/20106456 SMITH KNOWLES PC PHONE CALLS & LETTERS RE ZONING & BUSINESS LICENSES 495.00
013110-2 01/31/2010MONTHLY ATTORNEY FEES - JAN 2010 1,300.00
Total 6456 1,795.00
157335 02/04/20105730 TOM RANDALL DISTRIBUTING DIESEL FUEL FOR CITY FUEL TANK 245.04
DIESEL FUEL FOR CITY FUEL TANK 245.04
DIESEL FUEL FOR CITY FUEL TANK 245.04
DIESEL FUEL FOR CITY FUEL TANK 245.04
SOUTH WEBER CITY CORPORATION Payment Approval Report - By Due Date Page: 5
Input Date(s): ALL - ALL Feb 18, 2010 04:28pm
Vendor Vendor Name Invoice No Description Inv Date Net Inv Amt
Total 5730 980.16
031510 03/01/201030100 U.S. BANK NATIONAL ASSOCIATION FAC BOND PAYMENT #744833000 5,158.33
FAC BOND PAYMENT #744833000 4,166.67
Total 30100 9,325.00
1115734 02/09/20107065 UNIFIRST CORPORATION FAC TOWELS & MATS - 02/09/10 33.50
1115737 02/09/2010CITY MATS - 02/09/10 23.00
1115754 02/09/2010FIRE STATION - 02/09/10 18.50
Total 7065 75.00
020410 02/04/20101807 UTAH HIGHWAY PATROL - DAVIS WITNESS - TROOPER JOHN ELY 18.50
Total 1807 18.50
041410 02/18/20107335 UTAH MUNICIPAL CLERKS ASSN SPRING CONFERENCE 2010 195.00
Total 7335 195.00
13571 02/02/201013059 UTILITY COST MANAGEMENT CONSLT UTILITY MANAGEMENT 265.36
UTILITY MANAGEMENT 265.36
Total 13059 530.72
021010 02/10/201013125 WELLS, KATIEJO JR JAZZ OFFICIAL 48.00
021710 02/17/2010JR JAZZ OFFICIAL 80.00
Total 13125 128.00
020910 02/09/201013641 ZIEBER, KARIN CIVIC CENTER REIMBURSEMENT 200.00
Total 13641 200.00
Total Paid: -
Total Unpaid: 128,034.59
Grand Total: 128,034.59
Dated: __________________________________________
Mayor: __________________________________________
City Recorder: __________________________________________
Report Criteria:
Invoice.Payment Due Date = {<=} 03/06/2010
RESOLUTION 2006-48
AGREEMENT BETWEEN SOUTH WEBER CITY AND
JONES AND ASSOCIATES CONSULTING ENGINEERS
THE CITY COUNCIL OF SOUTH WEBER CITY, in a regular meeting, lawful notice of
which has been given, finds that it is reasonable, appropriate, as well as authorized by state law,
that an Agreement be entered into by and between South Weber City and Jones and Associates
Consulting Engineers for engineering services to South Weber City and that it is in the best
interest of South Weber City that such agreement be made.
THEREFORE, the City Council of South Weber City, Utah, hereby adopts the following
resolution:
PASSED AND RESOLVED THAT:
Section 1: APPROVAL OF AGREEMENT
The City Council of South Weber City has reviewed and agree to the six (6) provisions
set forth in the Agreement for Engineering Services between South Weber City and Jones and
Associates Consulting Engineers, which is attached to this resolution. The City Council is
authorized to execute the agreement for and on behalf of South Weber City.
Section 2: FEES:
Engineering Fees will be paid according to Exhibit “B” of the Agreement, Hourly Rate
Schedule. In January of each year, the modified hourly rate schedule shall become the new basis
of payment.
Section 3: EFFECTIVE DATE
This resolution shall become effective on 26 September 2006, and shall remain in effect
until such time as either party may give reasonable notice to terminate the agreement.
This resolution was adopted by the City Council of South Weber City, Utah, on the 26th
of September, 2006.
MAYOR:_________________________
Joseph E. Gertge
Attest:
______________________________
City Recorder: Erika J. Ahlstrom
AGREEMENT
THIS AGREEMENT made and entered into by SOUTH WEBER CITY CORPORATION, hereinafter called the CITY, and JONES AND ASSOCIATES CONSULTING ENGINEERS INC., hereinafter called the ENGINEERS.
WHEREAS, the CITY desires to enter into this agreement with the ENGINEERS providing for their services to the extent and upon the terms and conditions as hereinafter set forth, and
WHEREAS, the ENGINEERS are willing to enter into this agreement with respect to their employment and services upon the terms and conditions hereinafter set forth;
NOW THEREFORE, in consideration of the provisions and the mutual agreements as hereinafter set forth, the parties hereto agree as follows:
1. The CITY agrees to retain and contract with ENGINEERS to serve CITY as it's CITY ENGINEERS from the date of official appointment, September 12,2006, until such time as either party may give reasonable notice to terminate this agreement. Reasonable notice shall be construed herein to mean a minimum of sixty (60) calendar days prior to such termination unless a shorter period is mutually agreed to by both parties.
The ENGINEERS agree that during the period of the contract, the ENGINEERS shall perform all regular and routine engineering work as requested by CITY, such work to be requested by duly authorized verbal or written work order. ENGINEERS agree to perform said services in a timely manner after receiving reasonable notice. The general scope of City Engineering services are as follows:
a. Review, checking, processing and approval of subdivision plans, commercial development plans and industrial development plans submitted to the City for development purposes.
b. Field inspections of subdivision and public works improvements. Inspection work will be supplemental to the work of the City staff. Inspection services will be as directed by the CITY and will be periodic or full time as needed for the specific circumstance.
c. Assistance in the preparation of required City Ordinances.
d. Preparation of City Technical Specifications and Public Works Standards.
e. Complete engineering planning, design, drafting, specifications, bidding and construction management of the following municipal oriented projects:
Sanitary Sewer Systems Culinary Water Systems Storm Drainage Systems Public Street and Highways Park Development
f. Assistance to the City in obtaining grants and other funding assistance from various public agencies.
g Municipal Master Planning
h. Attendance at Planning Commission, City Council or other City related meetings to assist and consult with the regulating body as requested.
i. Preparation of legal property descriptions as required for City purposes.
j. General field surveying services.
k. Specialized engineering services, if needed, would be through associated subconsultants which would provide:
Structural Engineering Geotechnical Engineering Material Testing Aerial Mapping Electrical Engineering
1. Consult with and aid the City Attorney in resolving disputes which require the input or opinion of the City Engineer.
Kent L. Jones, Professional Engineer, Utah License # 134045-2202 shall be appointed as South Weber City Engineer. Gregory L. Seegrniller, Professional Engineer, Utah License # 18 1 126-2202 will be designated as the direct contact engineer for all daily engineering services to the City. Should the ENGINEERS propose a change in the assignment of the direct contact engineer, notice will be given to the City 30 days in advance of any such change. Any newly assigned direct contact engineer will have the prior approval of the CITY. In the absence of Mr. Jones or Mr. Seegmiller, any other registered professional engineer employed by the ENGINEERS, is authorized by the CITY to sign plats and provide required City approvals as needed.
3. The services of the ENGINEERS shall be provided in accordance with the Jones and Associates Consulting Engineers Terms and Conditions attached to this agreement as Exhibit "A."
4. Compensation to the ENGINEERS shall be on an hourly rate basis in accordance with the Jones and Associates Consulting Engineers standard hourly rate schedule of fees attached to this agreement and shown as Exhibit "B." In December of each year, the ENGINEERS shall provide written notification to the CITY of any hourly rate modifications together with the proposed new hourly rate schedule for the upcoming calendar year. In January of each year the modified hourly rate schedule shall become the new basis of payment under the terms of this agreement.
The ENGINEERS are retained and contracted for with the CITY for the purposes and to the extent set forth in this agreement and their relation to the CITY dwing the period of this contract shall be that of an independent practitioner and they shall be free to dispose of such portions of their time, energy and skill during their regular business hours as they deem appropriate provided they perform services for the CITY as agreed upon. The ENGINEERS shall not be considered under the provisions of this agreement or otherwise as having an employee status or being entitled to participate in any plans, arrangements or distributions by the CITY in connection with any fringe benefits provided to regular employees.
5. The ENGINEERS agrees to indemnify the CITY, it officers and employees against, and hold them harmless from, claims for liability for injury or damage caused by any negligent act or omission of any of the ENGINEERS officers, employees, volunteers, or agents in the performance of this Agreement.
6. This agreement is considered the controlling contractual document notwithstanding anything to the
contrary in any exhibit, including, but not limited to, the Terms and Conditions Exhibit.
7. This contract may be amended by mutual consent of both parties.
IN WITNESS WHEREOF, South Weber City Corporation has caused this agreement to be executed in its corporation name by its Corporation Officers and Jones and Associates Consulting Engineers Inc., has executed this agreement pursuant to authorization by its officers.
Dated this dd day of dfl-tddd. ,2006
ATTEST: SOUTH WEBER CITY CORPORATION
ATTEST: JONES AND ASSOCIATES Consulting Engineers Inc.
E X H I B I T " A "
TERMS AND CONDITIONS OF THE AGREEMENT
JONES AND ASSOCIATES CONSULTING ENGINEERS INC. South Ogden, Utah
1. Compensation for Services: 7. Professional Liability Insurance:
Compensation for engineering services received will be as stipulated in the engineering services proposal. If an hourly J&A agrees to maintain professional liability insurance in the rate compensation is specified, then services will be amount of $1,000,000.00 during the duration of the contract compensated based on the current Jones and Associates for engineering services. Certificates of insurance will be Hourly Rate Schedule. If a lump sum fee is stipulated, the issued to clients upon request. specified work will be performed for the total dollar amount indicated. Said hourly rates and lump sum fees will include all compensation for payroll and overhead costs, secretarial, 8. Right of Entry: copy machine reproduction, CAD services, telephone calls and vehicle mileage costs. All other direct expenses incurred Unless otherwise agreed, CLIENT will furnish right-of-way during the project will be billed at actual cost. for J&A to make field surveys and investigations as requested
by CLIENT. 2. Authorization to Proceed:
The signed acceptance of the engineering services proposal shall be construed as authorization by CLIENT for Jones and Associates Consulting Engineers (J&A) to proceed with the work as described in the engineering services proposal, unless otherwise provided for in the authorization.
3. Estimate of Probable Cost:
Any wst estimates by J&A will be on the basis of experience and judgement, but since J&A has no control over market conditions or bidding procedures, J&A cannot warrant that bids or construction costs will not vary from these cost estimates.
4. Professional Standards:
J&A agrees that the services performed under this Agreement are performed to the level of competency presently maintained by other practicing professional engineers at the same time and in the same type of work in CLIENTS community (or allowed by J&A's professional liability insurance).
5. Termination:
Either CLIENT or J&A may terminate this Authorization by giving 60 days written notice to the other party. In such event, CLIENT shall forthwith pay J&A in full for all work previously authorized and perfoh& prior to effective date of termination. If no notice of termination is given. relationships and obligations created by the ~uthorizatioi shall be terminated upon completion of all applicable requirements of this Authorization.
6. Payment to J&A:
Monthly invoices will be issued by J&A for all work performed under the terms of this agreement and are due and payable upon receipt. Finance charges will be computed at a rate of 18% per annum (but not exceeding the maximum amount allowed by law) and will be charged on all past-due accounts over 30 days old from the date of original invoice unless otherwise provided by law or by contract. Payments will be credited first to interest then to principal.
9. Job Site:
For projects involving construction, CLIENT agrees that the construction CONTRACTOR will be required by J&A to assume sole and complete responsibility for job site conditions during construction of the project, including safety of persons and property. CLIENT further agrees to indemnify and hold J&A harmless from any and all liability in connection with the performance of work during construction of the project, except liability arising directly from the negligence of J&A. J&A shall not undertake any of the r e s p o n s i b i l i t i e s of t h e C O N T R A C T O R , SUBCONTRACTOR, or CONTRACTOR'S superintendent. J&A shall not supervise construction or advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Construction Contract Documents.
10. Engineering Services Documents:
All drawings, surveys notes, computer files, project files, reports and other instruments of service are and shall remain the property of J&A except where by prior agreement, or by law or precedent these documents become public property. Provided, however, that all drawings, computer files, project files, reports, documents, other files, media of any type and all other items prepared in connection with an authorized project or work agreement, whether by J&A or any other individual or entity hired to work on an authorized project or work assignment, and paid for by the CLIENT, shall become and remain the property of the CLIENT. The CLIENT agrees to hold harmless, indemnify and defend J&A against all damages, claims, expenses and losses arising out of any reuse of the plans and specifications without the written authorization of J&A.
11. Disputes:
All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of the Agreement shall be decided through alternative dispute resolution. The method of alternative dispute resolution shall be mutually agreeable to both the insurance carriers of the CLIENT and J&A. Should it be determined that a mutually agreed method can not be found, and a resolution must be obtained through formal court hearings, then it is agreed that the prevailing party shall be entitled to recover his costs, expenses and reasonable attorney's fees.
E X H I B I T "B"
E N G I N E E R I N G F E E S
JONES and ASSOCIATES CONSULTING ENGINEERS
H O U R L Y R A T E S C H E D U L E (Effective January 2006)
Kent L. Jones, P.E., Principal Engineer ................................................
Gregory L. Seegmiller, P.E., Project Manager ......................................
...... Brent W. Slater, L.S., Senior Designer and Construction Manager
Christopher L. Breinholt, P.E., Project Engineer .................................
Matthew E. Hartvigsen, P.E., Project Engineer ....................................
Brandon K. Jones, (E.I.T. Engineer) ...................................................
Brett M. Jones, (E.I.T. Engineer) .........................................................
Seth L. Stanton, Technician ................................................................
Benjamin A. Slater, Technician .............................................................
Bradley Boyce, Technician .....................................................................
$99.00 1 hour
$84.00 I hour
$84.00 1 hour
$75.00 1 hour
$72.00 1 hour
$60.00 1 hour
$60.00 1 hour
$44.00 1 hour
$42.00 1 hour
$30.00 I hour
The above hourly rate charges INCLUDE cost of the following:
1. Vehicle Mileage and Expenses 2. Telephone Charges 3. Computer and Plotter Time 4. Blue Prints 5. Photocopies 6. General and Professional Liability Insurance ($1,000,000.00) 7. Basic Overhead Costs
Note: Any reimbursable expenses (Subconsultants, Surveying, etc.) will be charged at actual cost without any percentage markup.
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RESOLUTION 2002-033
APPOINTMENT OF CITY ATTORNEYS
BE IT HEREBY RESOLVED, by the City Council of South Weber City, State of Utah,as follows:
WHEREAS, it is necessary to appoint City Attorneys for the civil and prosecutorialfunctions of the City; and.
WHEREAS, it is necessary to appoint two attorneys and this appointment shall beeffective immediately and upon a retainer agreement being signed; and
NOW THEREFORE, the following attorneys shall be appointed
CIVIL ATTORNEYStephen Noel ofSmith, Knowles & Hamilton PC4723 Harrison Blvd #200Ogden UT B4403801-476-0303Fee: $1 300 per month
CITY PROSECUTORChristopher Allred ofWeber County Attorney's Office1634 Navajo DriveOgden UT 84403801-399-8614Fee: $500 per month
PASSED AND ADOPTED by the City Council of South Weber this 26th day ofNovember 2002.
MAYOR: ~t. eJJ:fJii2(J J SEPH E.'GER E
ATTEST' <b~ <
G;ng~er, City Recorder
EMPLOYMENT AND FEE AGREEMENT
The law finn of SMITH, KNOWLES & HAMILTON, p.e. (the "Firm") and the Client hereby agree as follows:
1. As duly appointed attorney for South Weber City (the "City" or "Client"), Stephen F. Noel, of the law finn of Smith, Knowles &Hamilton, P.C., (collectively the "Finn" or "AttorneyM) will provide civi11egal services and advice to the City in its capacity as a UtahMunicipal Corporation.
2. It is understood and agreed by City that the Firm will bill City a fixed monthly fee in the amount of $1,300.00.
3. This fee agreement is tenninable at the will of either party to this agreement, subject to termination requirements and procedure sregarding city attorneys as set forth in the Utah State Code. nterim billings will be submitted to the Client from time to time, which shall bedue and payable upon receipt. Failure to pay interim billings within 30 days after the date appearing on the billings, unless otherwise agreedin writing between the Client and the Finn, will permit the Finn, at its option, after ten days notice to the Client, to terminate itsrepresentation of the Client. All accounts which are not paid in full within 30 days after receipt of the statement shall bear interest on theunpaid balance at the rate of 1.5% per month (18% per annum). The charging of this interest shall in no way be deemed a waiver by theFirm of its right to withdraw as provided herein, or under any other justifiable circumstance.
4. The time charges of the Finn include, but are not limited to: office and telephone conferences; research; negotiations; drafting andreview of documents and materials sent or received; travel time between Finn and City; and drafting of correspondence. It is understood thatparticipation in the preparation of certain documentation and/or litigation, e.g., drafting complaints/answers, and other court documents;conducting discovery such as depositions and/or written interrogatories; preparation and attendance at hearings and trials; and other relatedactivities are quite time intensive and consuming, and shall be billed to City at Finn's discounted hourly rate of $125.00 per hour. It isanticipated that such work will likely be handled by City'S insurance carrier, and all efforts will be made to this effect. The Finn will obtainCity's permission before any such discounted billing is commenced. Under said discounted billing, telephone conferences from or on behalfof Client shall be billed at the applicable hourly rate with a minimum charge of two tenths (0.2) of an hour. Regardless of the billing methodemployed herein, the Client agrees to assume and pay for out-of-pocket costs and expenses incurred by the Firm in connection with itsrepresentation of City" including but not limited to, fIling and service of process fees; witness, including expert witness fees; mileage;depositions; investigative expenses; travel expenses; photocopy, facsimile, and printing costs; long distance telephone charges; postage andexpress delivery fees, and other costs and expenses incidental to the representation of the Client.
5. The Client acknowledges and agrees that the Firm has made no guarantees or representations, express or implied, regarding theoutcome or final resolution of this matter, or that any contribution will be made to the payment of the Client's attorney's fees, costs orexpenses by the court or opposing party. In the event such a contribution is obtained for the benefit of the Client, the amount, .when receivedby the Finn, will be credited against the Finn's billings, the payment for which the Client understands he or she is primarily responsible.Client agrees to fully defend, indemnify and hold harmless Finn from any third-party claims, damages, liability that may arise from theservices it performs hereunder, and further agrees to take all reasonable steps to insure that Finn is covered by Client's insurance coveragefor said performance of services. City agrees the Stephen F. Noel has been duly and lawfully appointed as City Attorney of Client.
6. The Client hereby grants to the Finn the right to assert common law and statutory attorney's lien rights in connection with all sumswhich become due under this Agreement during the course of the Firm's representation of the Client. The Client further agrees to pay allcosts of collection, including reasonable attorney's fees and costs, associated with collection if this account becomes delinquent.
7. The Client agrees to cooperate with the Finn in all respects in relation to this matter, including, but not limited to, completely andaccurately disclosing to the Firm all facts related to the matter, providing the Finn with copies of all documents related to the matter,executing appropriate documents, including but not limited to, settlement documents suggested by the Firm, and allowing the firm to conductall negotiations related to the matter.
8. THIS CONTRACT SETS FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT OF THE PARTIES AND IT ISEXPRESSLY UNDERSTOOD BY THE PARTIES HERETO THAT THERE ARE NO AGREEMENTS, CONTRACTS, COVENANTS,REPRESENTATIONS, OR WARRANTIES BETWEEN THE PARTIES REGARDING THE SPECIFIC MATTER DESCRIBED HEREIN,EXCEPT AS SPECIFICALLY SET FORTH HEREIN. THE CLIENT ACKNOWLEDGES RECEIVING A COPY OF THISAGREEMENT, AND THAT HE OR SHE HAS READ AND FULLY UNDERSTANDS AND AGREES TO EACH AND EVERY TERMCONTAINED HEREIN.
DATED this d¥ day of~ ,2003.
LAw OFFICES OF
SMITH, KNOWLES & HAMILTONA PROFESSIONAL CORPORATION
4723 HARRiSON BOULEVARD, SUITE 200OGDEN, UTAH 84403
PHONE (801) 476·0303FAX (801) 476·0399
MELVEN E. SMITIlDAVIDL. KNOWLES·DAVID R. HAMILTONSTEPHEN F. NOELDANA T. FARMERt
OF COUNSEL:GARY R. WiLLIAMS
• ALsO MEMBER CALIFORNIA BARAND WYOMINGBAR
t ALsO MEMBER IDAHO BAR
STEPHEN F. NOELEMAIL: SNOEL@SI<HPc.COMFAX: (801) 340·2966
September 5, 2002
First Class and Facsimile
Ron ChandlerSouth Weber City·
RE: City Attorney Services
Dear Ron:
I apologize for taking so much time in getting back to you on the matter of the position ofCity Attorney. The delay is not because ofthe lack of interest in the position, but rather the factthat I am very interested in the position and am trying to find a way to make it work for bothparties.
As you know, currently I am performing city attorney services for the city ofWashingtonTerrace. This includes criminal prosecution as well as most civil matters. I enjoy the work verymuch. However, speaking confidentially, I am not sure that I am going to be able to continueproviding criminal prosecution services for Washington Terrace. I have found that providingsuch services is quite distracting to my practice because, evert though it is only citations andmisdemeanors, it requires a specialized knowledge. It also requires four to six hours of courttime each month, not to mention several hours ofpreparation on the files. Unfortunately, myfirm is not set up to delegate this type ofwork to another attorney. Therefore, I wouldn't be ableto perform the prosecution services for South Weber City. I regret this, but my practice will notallow me to perform these services.
I know that you and the mayor are interested in an attorney that can provide both servicesand this ofcourse does make sense. Ifyou cannot split these services between attorneys, I willunderstand. However, if you are able to allow me to perform only the civil side of representationof the City, then I would be very interested in pursuing such a position.
September 5, 2002Page 2
Again, I will understand if you are not able to split the criminal prosecution from the civilrepresentation. However, ifyou are able to do so, then I would very much like to provide civilrepresentation to the City. Currently, my practice is very full. I charge $150 per hour and stillfind that I struggle for time to provide high-quality services to all ofmy clients. This is forcingme to further focus my practice and to be more selective in my clientele. My interest in SouthWeber City should tell you that I respect you as a client and would like to do your work.However, I am a little concerned about the current level of compensation being paid to the cityattorney. It's a little difficult for me to gage how much time I would be spending renderingservice to the City without knowing how many hours your current city attorney logs each month.However, based on our discussions last week and the fact that the city attorney does not attendthe City Council meetings, I would be willing to provide services to the City for a flat fee of$1,300 per month. I make this offer with the condition that perhaps this might need to berevisited if the demand on my time far exceeds the equivalent of $1,300 per month over anextended period of time.
I do understand that this is more than you are paying your current attorney, especially inlight of the fact that I would not be able to perform the criminal prosecution services. However,the city attorney's current level of compensation is not quite enough given the current status ofmy practice. Please also know that there may be other alternatives that are not explored in thisletter. An example of one such alternative might be a lower flat fee per month, with a fixedhourly rate for attendance at hearings, trials, and other tribunals. Or, we could simply agree to areduced hourly rate similar to the one I've arranged with Washington Terrace. In any event,regardless of the City's position and ultimate decision, I value my relationship with the City andwould very much like to continue representing it whenever the need arises.
Lastly, I am not writing this letter to be overly formal. I simply wanted to put these issuesin writing so that you would be able to share them with the mayor and any others that may beinvolved in this decision. Of course, I would look forward to speaking to you by phone or inperson regarding these issues or any questions or comments that you might have regarding them.I do look forward to hearing from you.
-~oel
SFNlksg
• South Weber City Council Meeting 26 November 2002 Page 7
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An.IOURN '1'0 CLOSEn/EXJ~CCrnT: SESSION: A motion to adjourn from the publicCity Council Meeting at 7:59 P.M. and go into executive session for the purpose ofdiscussing City Attorney services in accordance(UCA 52-4-5(1)(a)(i) was made byCouncilmember Hohosh. The motion was seconded by Councilmember Gardner.Councilmembers Gardner, Petersen, Thomas, Massengale & Hohosh voted yes. Themotion carried. Those who went into the closed executive session were: Mayor Gertge,Councilmembers Gardner, Petersen, Thomas, Massengale, & Hohosh, City Manager RonChandler, & City Recorder Ginger Miller.
RECONVENE THE PUBLIC el1\ COeNeIl. lVIEETlNG: A motion to reconvene thepublic City Council meeting at 8:30 p.m. was made Councilmember Thomas. The motionwas seconded by Councilmember Petersen. Councilmembers Gardner, Petersen. Thomas.Masseng.ale & Hohosh voted yes. The motion carried.
'I1JL~S'" O'2-(')3" s'rL·L'C"I'(·ON OF ("I'r\ .\....-- ..r·f)RN, L"!(C.·) Sl.' D\fj"('FS' C ilrn b,'-I:"., • _ ••~ .IIC•..L ... . .1.. ..... .. I . ... LG <J ,LA"'- .. __ ' .".. OWlC ern erThomas stated that in the executive session, the following attorneys were discussed: StephenNoel, Christopher Allred and Keith Backman from Helegesen, Waterfall & Jones..A motion was made by Councilmember Thomas to appoint Stephen Noel of Smith,Knowles & Hamilton as the city's Civil attorney for $1300 per month and AttorneyChristopher Allred for $500 per month from the Weber County Attorney's Office as theProsecuting Attorney effective immediately upon acceptance of a retainers fee agreement.These appointments will be for one year. subject to renewal in January 2004. The motionwas seconded by Councilmember Hohosh. Councilmember Gardner, Petersen. Hohosh.Massengale & Thomas voted yes. The motion carried.
A n.JOlJRN: A motion to adjourn the City Council Meeting at 8:35 P.M. was made byCouncilmember Gardner and seconded by Councilmember Hohosh. All were in favor.The motion carried.
213214215
•218219
APPROVED:
Attest:
~ •• A I! C. )lv$iJ Date: 12 Dec 02~Joseph E Gertge
..-tiD u..cM.f lOpd (,LJvTranscriber: ichelle Clark
• South Weber City Council Meeting 220ctober 2002 Page 6
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WORKIDISCUSSION MEETING PRIOR TO CITY COUNCIL MEETING
The City Council met at 5:00 p.m. to meet with Attorney Noel and to discuss the agenda items. Those inattendance were: Councilmembers Gardner, Massengale, Hohosh, Thomas. Councilmembcr Peterson arrived at5:40 p.m.). City Manager Ron Chandler, City Recorder Ginger Miller, City Engineer, Leland Martineau
Visitors: Stephen Noel & John Fleming (reporter).
Ron Chandler stated that the City is in the process of changing City Attorneys. Mr Noel is here tonight to meet theCouncil and to answer any questions. Ron stated that Keith Backman is willing to stay on as the prosecutingattorney for the courts for $1000 a month and Mr Noel would consider being our municipal attorney at $1300 amonth.. Mr Noel has talked to a Chris Allred from the Weber Co. Attorney's office, and he would possibly beinterested in serving as the city's prosecuting attorney if the City didn't want to stay with Helegesen, Waterfall andJones Law firm. Ron stated Mr Allred was going to submit a proposal to consider. Mr Noel stated he graduatedfrom Utah State University and the University of Idaho Law School. He has had a lot of experience in municipalissues, such as land use planning, personuel, etc. He is presently serving as the City Attorney for WashingtonTerrace doing both the municipal side of it and the prosecutor; however, he does not know how much longer hewill continue with the prosecutor side of it. Mr Noel stated he is not looking for additional work, but is interestedin working in areas he has an interest in. He also stated that he does not have an associate to pass his work off to;thus he does all of his own work. Ron stated that he has been very pleased with him in the issues that he hashelped the City with so far and that he has always been very prepared. Councilmember Hohosh stated that shealso knows that he is a very good attorney. Mayor Gertge thanked Mr Noel for coming.
Ron stated that by having two attorneys from two different firms would cost the City approximately $7600 morethan what was budgeted for; but that he feels the City could handle it..
LEASING SNOW PLOW TRUCK: Ron Chandler stated the City has budgeted $16,000 for the lease purchase of anew snowplow/dump truck The International Chassis is $49,800 & the Kenworth is $46,156. The add-ons (bed,plow & hydraulics arc as follows: AG Body: $37,430, Holland Equipment $33,000 & H & K $52,268. Lelandprefers the Kenworth chasses at $46,156 & the add ons from AG Body at $37,430 for a total of $83,586. This isbased on information received from other municipalities and their experiences with the various makes of trocks. Itwas noted that the financing could be done through Zions Bank with 3.82% interest or check with Kenworth ontheir financing options. Ron stated that he needs the Council to decide on the approval of the purchase of thetruck tonight so the truck can get ordered, then the financing option would be brought back before the Council.
DISCUSS THE POSSIBILITY OF ADOPTING A RESOLUTION AGAINST THE FLUORIDE ISSUE:Councilmember Massengale stated that he received a copy of a resolution passed by West Jordon City stating thatthey were against fluoridation. He stated that since most of the residents in the City did not vote for the fluoride,that possibly the City should consider adopting a similar ordinance. Councilmember Hohosh stated that while themajority of the people voted against it, many of the people wanted it. Ron Chandler stated the vote was close;something like 48/52. The Council discussed the use ofpharmaccutical fluoride rather than using the commercialgrade. Mayor Gertge stated that for the safety of the residents, the City will want to usc the most safe fluorideavailable; however, this will probably mean an additional cost to the residents. Ron was asked to check on the costof the pharmaceutical fluoride. Councilmembcr Thomas stated the Davis Co. Health Department really misled thepeople on the cost of implementation. He feels the City should try to go back on the County on any costs over$10,000. Ron was asked to also check on this as far an any historical records of the City obtaining payback fromanother government agency,
EMPLOYEE HEALTH INSURANCE: There was not any time to discuss this item.
The meeting adjourned at 5:55 p.m
Minutes taken by Ginger Miller.
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RESOLUTION 2002-033
APPOINTMENT OF CITY ATTORNEYS
BE IT HEREBY RESOLVED, by the City Council of South Weber City, State of Utah,as follows:
WHEREAS, it is necessary to appoint City Attorneys for the civil and prosecutorialfunctions of the City; and.
WHEREAS, it is necessary to appoint two attorneys and this appointment shall beeffective immediately and upon a retainer agreement being signed; and
NOW THEREFORE, the following attorneys shall be appointed
CIVIL ATTORNEYStephen Noel ofSmith, Knowles & Hamilton PC4723 Harrison Blvd #200Ogden UT B4403801-476-0303Fee: $1 300 per month
CITY PROSECUTORChristopher Allred ofWeber County Attorney's Office1634 Navajo DriveOgden UT 84403801-399-8614Fee: $500 per month
PASSED AND ADOPTED by the City Council of South Weber this 26th day ofNovember 2002.
MAYOR: ~t. eJJ:fJii2(J J SEPH E.'GER E
ATTEST' <b~ <
G;ng~er, City Recorder
·. ,.
CITY PROSECUTOR SERVICES AGREEMENT
This Agreement is made and entered into this SV"'~ day of ~'-t'"_:_( ,2003, byand between the City of South Weber City ("SWC") and Chris Allred ("~llred"). SWC andAllred may be referred to collectively within this Agreement as "Parties".
RECITALS
A. Criminal law functions include the review and analysis of criminal investigationsand charges brought by law enforcement and citizens of SWC, and the prosecutionof those charges. Said charges are limited to misdemeanors and infractions of bothlocal and state laws, and are prosecuted in the SWC justice court.
B. Said functions also include meeting with individuals who have been charged inorder to discuss their charges and the facts and circumstances thereof. Thesemeetings generally take place at arraignments or pretrial conferences. Theseconferences, as well as trials, are generally conducted twice a month on Thursdaysat the SWC justice court. The court schedule is maintained by the court and itsclerk, and may be changed as circumstances warrant.
C. Criminal law is a specialized area of the law. Furthermore, the functions andresponsibilities ofjustice courts continue to increase as the state and district courtsplace more responsibility upon them.
D. SWC is desirous to continue to meet the increasing needs of its citizens byproviding efficient and knowledgeable enforcement of the laws of SWC and theState of Utah.
THEREFORE, in consideration of the mutual terms, covenants and conditions containedherein, the Parties agree as follows:
1. Recitals. The RECITALS as set forth above are incorporated herein by thisreference.
2. Duties and Obligations. SWC agrees to the assignment of all criminal law functionsof SWC to Chris Allred. Said functions shall include, but not be limited to, thefollowing:
a. Review all investigations and charges brought by law enforcement.b. Work in cooperation with law enforcement to enforce the laws of SWC
and the State ofUtah, and to timely and efficiently prosecute violationsthereof.
c. Attend SWC justice court twice each month as scheduled by the justicecourt.
d. Represent SWC in all criminal matters, except those that may involve SWC
.,.
as a charged party.e. Cooperate with the City Attorney and other officers and employees of
SWC in all respects necessary for the faithful performance of theobligations and duties set forth herein.
3. Qualifications. Allred agrees that he is authorized to practice law in the state ofUtah, and that he is a member in good standing of the Utah State Bar Association.Allred agrees that he is trained and is competent in the pursuit of the obligationsand functions set forth herein, and that he is authorized by current employers, ifany, to perform this Agreement.
4. Supervision. Allred shall report to the Mayor and/or Chief Administrative Officerof SWC in the performance of this Agreement.
5. Compensation. SWC agrees to pay to Allred a flat fee of $500.00 per month forthe performance of the Agreement. And in return, Allred agrees to perform theAgreement for said flat fee.
6. Termination. This Agreement may be terminated at any time by either party to thisAgreement for any reason, and with two (2) weeks written notice.
7. Default. The non-breaching Party to this Agreement shall be entitled to payment ofattorneys fees and costs from the breaching Party.
Dated this 7,JJday of~ 1 '200.13
SOUTH WEBER CITY
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NOV-06-02 WED 04:02 PM WEBER COUNTY ATTORNEY FAX NO. 801 399 8304 P. 02/03
To:
From:
Dale:
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Christopher F. AllredAttorney at Law
1634 Navajo DriveOgden, Utah 84403
Telephone; (80]) 399-8614
PROPOSAL FOR MISDEMEANOR PROSECUTION
Ron Chandler, City Manager
Chris Allred
~oveD1ber,6.2002
Prosecution of misdemeanors in South Weber Justice Court
PROPOSAL
L Perform prosectltorial functions on behalf of South Weber City in the South WeberJusticc Court includtng, but not limited to, the following:
a.) Being present in court as necessary on the 1$t and 31'1 Thursdays of each month(typically beginning at 4:00 p.m. and running until court business is concluded forthe day) for arraigmnellts, pretrials, motion hearings, meeting withdefendants/attorneys to discuss plea negotiations, etc.
b,) Screening cases and filing infomlations as necessary.
c.) Bench./Jury trials CIS llecessary.
U. Handle all trials de novo appealed from the Justice Court to the District Court.
Ill. Will be available by telephonc when not present in court to discuss any prosecutionrelated issLles as needed.
IV. Continually pursue opportLll1ities to increase revenue in the South Weber Justice Court tothe extent it can be accomplished consistent with the duty to administer justice fairlY.
NOV-06-'02 WED 04: 03 PM WEBER COUNTY A1'1'ORNEY FAX NO. 801 399 8304 P. 03/03
BACKGROUND
• Juris Doctorate, BYU 1997
• Deputy Weber County Attorney, 1997 - presentl
• Began prosecuting misdememlol·s for Weber County in the Weber County Justice Courtand Second District Com1 as a third year law student, and have continued to handlellumerous mjsdeme~nors,juvenile courl, and some felonies over the last five years withthe County Attorneys Office.
• Relevallt civil experience with the county includes general civil litigation, zoningenforcemt'nt, health deparLmenl violations enforcement, justice court revenue issues, andrepresentation of the county's financial interest in requests for expert witnesses byindigent defendants in criminal cases.
COST
I am proposing to perfonn the above-described functio11S for a flat rate of $500.00 permonth. This is consistent with what part-lime prosecution contracts arc paying in smallercitic$ throughout Weber County.
It should be made clear that I am a deputy county attorney in the civil division. nota criminal deputy. However, the civil and criminal divisions are ill the same office; while myduties are primarily in the area of government Jaw, 1began prosecllting misdemeanors both in thejustice court and the district court as a third year law clerk, and I have continued to handlenumerous misdemeanors, juvenile court, and some felonies over the last five years with theCounty Attorneys omce.
2
• South Weber City Council Meeting 26 November 2002 Page 7
187188189190191192193194
195196197198
199200•,
203204205206207208
209210211212
An.IOURN '1'0 CLOSEn/EXJ~CCrnT: SESSION: A motion to adjourn from the publicCity Council Meeting at 7:59 P.M. and go into executive session for the purpose ofdiscussing City Attorney services in accordance(UCA 52-4-5(1)(a)(i) was made byCouncilmember Hohosh. The motion was seconded by Councilmember Gardner.Councilmembers Gardner, Petersen, Thomas, Massengale & Hohosh voted yes. Themotion carried. Those who went into the closed executive session were: Mayor Gertge,Councilmembers Gardner, Petersen, Thomas, Massengale, & Hohosh, City Manager RonChandler, & City Recorder Ginger Miller.
RECONVENE THE PUBLIC el1\ COeNeIl. lVIEETlNG: A motion to reconvene thepublic City Council meeting at 8:30 p.m. was made Councilmember Thomas. The motionwas seconded by Councilmember Petersen. Councilmembers Gardner, Petersen. Thomas.Masseng.ale & Hohosh voted yes. The motion carried.
'I1JL~S'" O'2-(')3" s'rL·L'C"I'(·ON OF ("I'r\ .\....-- ..r·f)RN, L"!(C.·) Sl.' D\fj"('FS' C ilrn b,'-I:"., • _ ••~ .IIC•..L ... . .1.. ..... .. I . ... LG <J ,LA"'- .. __ ' .".. OWlC ern erThomas stated that in the executive session, the following attorneys were discussed: StephenNoel, Christopher Allred and Keith Backman from Helegesen, Waterfall & Jones..A motion was made by Councilmember Thomas to appoint Stephen Noel of Smith,Knowles & Hamilton as the city's Civil attorney for $1300 per month and AttorneyChristopher Allred for $500 per month from the Weber County Attorney's Office as theProsecuting Attorney effective immediately upon acceptance of a retainers fee agreement.These appointments will be for one year. subject to renewal in January 2004. The motionwas seconded by Councilmember Hohosh. Councilmember Gardner, Petersen. Hohosh.Massengale & Thomas voted yes. The motion carried.
A n.JOlJRN: A motion to adjourn the City Council Meeting at 8:35 P.M. was made byCouncilmember Gardner and seconded by Councilmember Hohosh. All were in favor.The motion carried.
213214215
•218219
APPROVED:
Attest:
~ •• A I! C. )lv$iJ Date: 12 Dec 02~Joseph E Gertge
..-tiD u..cM.f lOpd (,LJvTranscriber: ichelle Clark
• South Weber City Council Meeting 12 November 2002 Page 8
194 WORKIDISCUSSION MEETING PRIOR TO CITY COUNCIL MEETING195196 This meeting was to begin at 4:15 p.m.; however due to another meeting still going on in the Planning Room, this197 work session did not begin until 4:40 p.m. The purpose of the meeting was to discuss City Management concerns,198 review the agenda items, see a fluoride demonstration and meet and discuss possible attorney services with199 Attorney Chris Allred. Due to time restraints, city management issues or reviewing the agenda items was not200 done. Those in attendance were: Councilmembers Gardner, Massengale, Hohosh, Thomas & Petersen. City201 Manager Ron Chandler, & City Recorder Ginger Miller.
202 Visitors: Bryan Wageman, Attorney Chris Allred and representatives from the Architect firm Gillies, Stransky,203 Brems, & Smith.
204 Ron Chandler stated that he asked Bryan Wageman, one of the City's public work employee, to come tonight to205 give a demonstration on how the fluoride will work. Ron stated that Bryan is becoming the resident authority on206 the fluoridating process.
207208209210
The Council received paperwork showing the three possible fluorides that can be used:I. Sodium Silicofluoride or Fluorosilicated Price:2. Sodium Fluoride Price:3. Hydrofluorosilicic Acid/or Fluorosilicic Acid Price:
$.65 to $.80 lb.$.90 to $1.15 lb$.25 to $.35 lb.
211
It215216
217218
219220221222223
224225226227228229230
231232233•235236
The City had planned to use the Hyrofluorosillicic; as this is what Weber Basin will be using and most of our watercomes from them. Councilmember Thomas stated that he feels the City should not go this route and shouldconsider using the Sodium fluoride. The Council discussed these two options; however, Councilmember Hohoshand Councilmember Massengale stated that if Weber Basin was going to use the Hyrofluorosillcic Acid, that itwould not help the residents any by going with an alternative method; since most ofour water is derived fromWeber Basin.
Bryan did a demonstration showing how the testing for the fluoride will be done. It was noted that the wholesystem will be tested weekly and various parts ofthe system is tested daily along with laboratory testing.
Ron stated that the City will not begin implementing fluoride until Weber Basin Water is ready to implement theirfluoride program.
*******••*.*•••Ron Chandler stated that since the City is considering changing civil attorneys, Mr. Allred was invited to cometonight so the Council could meet him. Attorney Stephen Noel recommended Mr Allred.
Attorney Christopher Allred's proposal that was sent with the Council packets stated the following information::He received his Juris Doctorate from BYU in 1997 and has been Deputy Weber County Attorney since 1997."He began prosecuting misdemeanors for Weber County in the Weber County Justice Court and Second DistrictCourt as a third year law student, and had continued to handle numerous misdemeanors, juvenile court and somefelonies over the last five years. His relevant civil experience with the county includes general civil litigation,zoning enforcement, health department enforcement, justice court revenue issues and representation of the county'sfinancial interest in requests for expert witnesses by indigent defendants in criminal cases."
Mr Allred stated he would perform the duties as the prosecution attorney for South Weber City for a flat rate of$500 per month. This would include being present in court on the 1st and 3rd Thursdays of each month, screeningcases and filing necessary information and doing bench/jury trials as necessary. He would also be available bytelephone to discuss prosecution related issues as needed.
Mr Allred stated that he is interested in the position and stated to his knowledge, he did not have any conflict ofinterest problems with employees, contractors, etc. He said that if something came up, his office would have back-
,
South Weber City Council Meeting 12 November 2002 Page 9 •237 up attorneys for any issue or ifhe couldn't be in attendance for some reason, there would always be a back-up238 attorney from his office.
239 The Council thanked him for coming and stated they would get back with him on their decision.240241 *************242 Mayor Gertge stated that the architect firm, Gilles, Stransky, Brems & Smith asked to take a few minutes of the243 work session tonight to ask a few questions about the recreation building they are planning to bid on for architect244 services. Mayor Gertge apologized that this was not listed on the work meeting agenda.
245 The representatives of this company created a draft proposal as to what the costs might be to build a recreation246 complex and asked the Council to review the items listed and to see ifthis is what they had in mind. The Council247 told them that they would like to see the costs under two million. The Council then reviewed with them some of248 the features they would like to see in this complex, such as a full basketball court with limited bleachers, weight249 training room, a few lockers, with shower facilities, jogging track, smal1 office, kitchen facilities with multi-250 purpose room & a racquet ball court. It was discussed that racquet ball courts are quite expensive and only a251 couple of people can use the room at one time.
252 There was not time to discuss the agenda items. The meeting adjourned at 5:55 p.m.
253 Minutes taken by Ginger Miller.
•
•
07/31/96 15:48 DAVIS CO. PLANNING &ECON. DEV. ~ 801 479 0066 1'10.893 (jl01
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~8·89 ~GREEMENT
This agreement executed in triplicate this..J..2 day of t1~'l<lL
AD., 19' 8~ by and between Davis County, a body politic of the State of Utah,
with its principal place of business in Farmington, Utah, hereinafter referred to
as County and South Weber City, a municipal corporation of the State of Utah,
hereinafter referred to as City;
WITNESSETII:
WHEREAS, City from time to time has need of plarmers to assist in
performing planning services as hereinafter specified; and
WHEREAS, County has a planning staff and is in a position to provide
professional planning services to the cities for the consideration as hereinafter
set forth.
. NOW 1F...EREFORE, it is hereby mutually agreed by and between the
parties hereto as follows:
1. PLANNING SERVICES TO BE FURNISHED. Upon request of the
City, the County will provide from its planning staff the personnel to assist the
City in performing planning services as hereinafter set forth, to wit:
A. Subdivision investigation and presentation to the City Plarming
Commission.
B. Investigation and preparation of the necessary technical details to
assist the City Planning Commission and the City Attorney in the preparation of
zoning ordinances and amendments thereto.
C. Land Use and Transportation Studies.
D. Current drafting and mapping service in connection with the above
and also updating the necessary official map of tbe City, including a supply of
maps for City use.
NO. 893 [j0215:49 DAVIS CO. PLANNING & ECON. DEV. ~ 801 479 0066
E. Special studies for the development of a master plan and the
updating thereof.
F. The City shall determine the nature and extent of the services to
be performed by the County under paragraph 1 hereof, consistent however with
the availability of personnel of the County to furnish such service.
2. CONSIDERATION FOR SERVICES RENDERED. City agrees to pay
County the cost of the actual staff time spent in performing the above-
mentioned duties and planning services plus actual expenses incurred by the
County. The parties hereto understand and agree that the cost of actual staff
time means the overall cost of the planner employed by the County including,
but not necessarily limited to the regular salary of the County planner, overtime,
insurance and retirement benefits.
3. DURATION OF AGREEMENT. 111is agreement shall be in full force
and effect for a period of one year from the date hereof. It shall continue from
year to year thereafter unless terminated by one or both of the parties. Either
party may terminate this agreement by giving sixty (60) days written notice to
the other party.
4. STATUTORY REQUIREMENTS. This agreement does not
contemplate any separate legal entity to provide for its administration. It Shall
be administered by the governing bodies of both parties hereto. The services, as
provided for herein, shall be financed from the general funds of the City and
COUDty as appropriate for planning purposes. Neither is it contemplated that
there shall be need for the acquisition of any real property, and only minor
items of personal property will be needed in the cooperative undertaking.
5. PRIVILEGES AND IMMUNITIES. All the privileges and irrununities
which surround the activities of municipal and County planners shall continue in
- - II" NO. 8'33 Ci03 DAVIS CO. PLANNING & ECON. DEV. ~ 801 4~~0066
07/31/96 15:49
full force and effect even though the planning is being done in behalf of the
City.
6. EMPLOYMENT STATUS. It is the intent of this agreement that
any staff supplied by the County to the City shall be deemed to be employees of
the County for all purposes including, but not limited to, workman's
compensation, social security, employment insurance, and other benefits in force
in behalf of County employees. Provided, however, that the City shall protect
and save harmless the County from any and all claims or legal actions asserted
or brought by any person l firm or corporation claiming to have been injured or
damaged by reason of the negligence of such planning staff during the time they
function in behalf of the City.
7. SUBMISSION TO AUTHORIZED ATTORNEY. This agreement, as a
conditiqn precedent to its entry into force, shall be submitted to an authorized
attorney of Utah for his approval in accordance with the provisions of Section
lJ-13·9 Utah Code Annotated (1953) as amended.
WHEREFORE, the parties hereto have signed this agreement the day and
year first above written.