MINUTES OF THE BOARD OF COUNTY COMMISSIONERS' MEETING HELD IN REGULAR SESSION ON MONDAY, THE 9TH DAY OF MAY, 1966, AT 10:00 O'CLOCK A. M. IN THE COMMISSIONERS' ROOM OF THE COUNTY COURT HOUSE AT MONTICELLO, UTAH
PRESENT: K. S. Summers Chairman
Marion H. Hazleton Member
Ada Palmer Clerk
Meeting opened at 10:00 A. M. with Commissioner Summers in the Chair. MINUTES READ AND APPROVED
Minutes of the previous meeting of May 2nd were read and approved. Motion for approval was made by Commis-sioner Hazleton, seconded by Commissioner Summers, and carried unanimously.
APPROVAL GIVEN TO USE FUNDS FOR MILEAGE FOR BEAUTIFICATION PURPOSES
Mrs. Susan Jameson
A motion was made by Commissioner Hazleton that the $100.00 given to/ each year for attendance at the State beautifation meeting, and which meeting has been cancelled this year, be used for travel expense by Mrs. Jameson for beautification purposes within the county.
The motion was seconded by Commissioner Summers and carried unanimously. HOSPITAL BOARD TO ACT AS AGENT OF COMMISSIONERS ON CONSTRUCTION PROJECTS
Commissioner Hazleton moved that the San Juan County Commission approve construction of a Long-Term Care Facility at Blanding and also approve the proposed improvements and additional space at the San Juan Hos-pital, and that the Long-Term Care Facility be made a part of the overall County Hospital Program. It is further moved that the San Juan Hospital Board act as the Agent for the San Juan County Commission in the promotion of said construction and that the Chairman of the San Juan Hospital Board be authorized to sign all necessary instruments in behalf of said County Commission.
It is further moved that the one mill levy to be raised in 1966 under the Hospital Tax Levy be used for construction of said facilities, together with an additional mill levy to be raised in the year 1967. If additional revenues become available, such as sales tax revenue, it also may be used for construction of said facilities.
The above motion was seconded by Commissioner Summers, and carried unanimously. RESOLUTION AUTHORIZING GRANT AGREEMENT
The following Resolution was introduced by Commissioner Marion H. Hazleton, seconded by Commissioner K. S. Summers, read in full, considered and unanimously afopted:
RESOLUTION ACCEPTING, ADOPTING, APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT RECEIVED FROM THE ADMINISTRATING FEDERAL AVIATION AGENCY. UNITED STATES OF AMERICA BEING
FEDERAL AVIATION AGENCY
Date of Offer April 25, 1966
San Juan County
Project No. 9-42-037-C604
Contract No. FA66WE-4147
To: The County of San Juan, Utah
(herein referred to as the "Sponsor")
From: The United States of America (acting through the Federal Aviation Agency, herein referred to as the "FAA")
Whereas, the FAA has approved a project for development of the Airport (herein called the "Project") con-sisting of the following-described airport development:
Install medium intensity runway lighting on Runway 16/34 (approx. 4800 ft.), including rotary beacon, tower and lighted windcone; mark Runway 16/34 and parallel and connecting taxiways.
all as more particularly described in the property map and plans and specifications incorporated in said Project Application;
Now Therefore, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U. S. C. 1101), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, The Federal Aviation Agency, for and on behalf of the United States, hereby offers and agrees to pay, as the United States share of the allowable costs in accomplishing the Project, 61.51% of said allowable project costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be $19,117.00
2. The Sponsor shall:
(a) begin accomplishment of the Project within sixty (60) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Federal Airport Act, and Sections 151.45-151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 151.41 (b) of the Regulations.
4. Payment of the United States share of the allowable project costs will be made pursuant to and in ac-cordance with the provisions of Section 151.57 - 151.63 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 151.63 of the Regulations: Provided, that, in the event a semi-final grant payment is made pur-suant to Section 151.63 of the Regulations, final determination as to the allowability of those costs to which such semi-final payment relates will be made at the time of such semi-final payments.
5. The Sponsor shall operate and maintain the Airport as Provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Pro-ject Application, that in its operation and the operation of all facilities thereof, neither it nor any person or class of persons by reason of race, color, creed or national origin in the use of any of the fa-cilities provided for the public on the airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before June 19, 1966 or such subsequent date as may be prescribed in writing by the FAA.
8. In addition, the Sponsor shall:
(a) Incorporate or cause to be incorporated in each advertisement for bids and each contract for con-struction work under the project, or any modification thereof, the equal opportunity clause incorporated by reference in Section 151.54 of the Federal Aviation Regulations and as set forth in Section 60-1.3(b) (1) of the Regulations of the President's Committee on Equal Employment Opportunity (41 CFR 60-1);
(b) Incorporate or cause to be incorporated in each advertisement for bids or proposal for construction work under the project the provisions prescribed by Section 151.54 (d) (1) of the Regulations;
(c) Be bound by said equal opportunity clause in any construction work under the project which it per-forms itself other than through its own permanent work force directly employed or through the permanent work force directly employed by another agency or government;
(d) Cooperate actively with the FAA and the President's Committee on Equal Employement Opportunity in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Committee;
(e) Furnish the FAA and the Committee such information as they may require for the supervision of such compliance and will otherwise assist the FAA in the discharge of its primary responsibility for securing compliance;
(f) Refrain from entering into any contract or contract modification subject to Executive Order 11114 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Fed-erally assisted construction contracts pursuant to Part III, subpart D of Executive Order 10925;
(g) Carry out such sanctions and penalties for violation of equal opportunity clause as may be imposed upon contractors and subcontractors by the FAA or the Committee pursuant to Part III, subpart D of Executive Order 10925; and
In the event that the Sponsor fails or refuses to comply with its undertakings, the FAA may cancel, termi-nate or suspend in whole or in part any contractual arrangements it may have with the Sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order 11114 until sat-isfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings.
9. The Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 9 of Part III - Sponsor's Assurances of the Project Application, dated February 17, 1966, and therefore it is understood and agreed that the sponsor is under no obligation to furnish any such areas or rights under this Grant Agreement .
10. It is understood and agreed by and between the parties that Paragraph 7 of Part III of the Project Ap-plication, attached hereto and made a part hereof, is hereby amended by deleting therefrom the reference
to Section A of FAA Technical Standard Order N18 and Advisory Circular (AC) No. 150/5300-1 and substituting in lieu thereof, Section 77.23 as applied to Section 77.27, Part 77 of the Federal Aviation Regulations.
11. The FAA in tendering this Offer in behalf of the United States recognizes the existence of an Agency relationship between the County of San Juan as principal, and the Utah State Aeronautics Commission, as agent, created by the Agency Agreement entered into on November 1, 1965. The County of San Juan, agrees that it will not amend, modify, or terminate said Agency Agreement without prior approval in writing of the FAA or its designated representatives.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorpora-ted herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, con-stituting the obligations and rights of the United States and the Sponsor with respect to the accomplish-ment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and Project but in any event not to exceed twenty years from the date of said acceptance.
UNITED STATES OF AMERICAA FEDERAL AVIATION AGENCY
By D. R. Newton
Acting Area Manager
The San Juan County Commission does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and by
such acceptance agrees to all the terms and conditions thereof.
Executed this 9th day of May, 1966
SAN JUAN COUNTY (Name of Sponsor)
By K. S. Summers
Title Chairman, San Juan County Commission
Attest: Ada Palmer
Title San Juan County Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I, F. Bennion Redd, acting as Attorney for County of San Juan, Utah, (herein referred to as the "Sponsor") do hereby certify:
That I have examined the foregaoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the exe-cution thereof is in all respects due and proper and in accordance with the laws of the State of Utah, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at Monticello, Utah this 12 day of May, 1966.
F. Bennion Redd
Title County Attorney
COUNTY EXECUTES COOPERATIVE AGREEMENT FOR ROAD IMPROVEMENT WITH FOREST SERVICE
It was unanimously agreed that San Juan County enter into the following cooperative agreements for road improvement with the Forest Service: Motion for execution of contract by Hazleton, seconded by Summers.
U. S. Separtment of Agriculture
Forest Service San Juan County_____________
(State, County or Local Subdivision)
FOREST DEVELOPMENT ROAD COOPERATIVE AGREEMENT
Parties to Agreement: This Agreement, made and entered into this the 9th day of May, 1966, by and between the Forest Service, U. S. Department of Agriculture, hereinafter called "Forest Service", and the County of San Juan, hereinafter called the "Cooperator."
Purpose of Agreement: The purpose of this agreement is to set forth the general terms and conditions, acceptable to the parties hereto, for the cooperative planning, survey, design, construction, reconstruc-tion, improvement, maintenance and use of certain forest development roads in San Juan County, State of Utah, pursuant to the provisions of 23 U. S. C. 205 and the regulations issued by the Secretary of Ag-riculture.
The Congress has, from time to time, authorized and appropriated funds for "forest development roads and trails of primary importance for the protection, administration, and utilization of the national forests, or where necessary, for the use and development of the resources upon which communities within or adjacent to the national forests are dependent." Recognizing that substantial benefits will accrue to the Nation and to the State from the construction, reconstruction, improvement, maintenance and use of certain for-est development roads and their coordination with diction, and further that such roads carry substantial volumes of public service traffic as well as National Forest traffic, and further that the Cooperator has road construction, reconstruction, improvement, maintenance and right-of-way acquisition facilities avail-able to assist in the accomplishment of the work it is accordingly deemed fitting and desirable to the parties hereto to express by this instrument and general terms of their mutual cooperation in that regard to achieve the maximum benefits therefrom in the public interest.
It is the intention of the parties under this agreement to cooperate as follows:
(a) Agree upon a road system to be jointly used, composed of those forest development roads which are now or should be on the road system.
(b) Improve the road system agreed upon by additional investments for construction, reconstruction or improvement under specific proper agreements.
(c) Cooperate in maintaining the road system agreed upon and assign maintenance responsibilities in ac-cordance with use benefits.
Forest Service-Cooperator Planning:
This agreement shall cover those forest development roads jointly used or planned by the Forest Service and the Cooperator within or adjacent to and servicing (1) National Forest administration, (2) the use and development of the resources upon which the communities within or adjacent to the National Forests are dependent, and (3) general public traffic, including school buses, mail carriers, common carriers and private trucks and cars.
A list of roads and segments of roads is agreed upon in accordance with the foregaoing criteria. Such list marked Schedule A is attached as part of this agreement. In order to provide for feasible assignment and reassignment to a specific maintenance responsibility category, said roads and segments are grouped as follows:
(a) Those on which all maintenance will be the responsibility of the Cooperator.
(b) Those on which all maintenance will be the responsibility of the Forest Service.
(c) Those on which maintenance responsibility will be shared by both parties.
This list of such approved roads and segments of roads may be varied from time to time by agreement be-tween the Forest Service and the Cooperator, either by adding roads or segments thereto, removing roads or segments therefrom, or by altering the description of any road or segment to give it proper identity; Provided that before any road or segment is removed adequate arrangements will be made where necessary or feasible for its continued use by either or both parties. Each such action shall be indicated (1) by a re-vised list or (2) by a revised page or pages bearing the signatures of the parties or their authorized representatives together with the showing of the effective date of the revision.
Project Agreements: Specific project agreements will be executed to supplement this general agreement for projects included in an approved Forest Service-Cooperator plan. The intent to locate, relocate, survey, design, construct, reconstruct, improve, maintain and use each road project shall be indicated and each action shall be accomplished as expeditiously as available funds or work opportunities will permit.
Cooperator Funds or Cooperative Work Performed: Any funds or work that the Cooperator may make available to the project in any given year or period of time shall be covered by a project agreement. If funds are provided by the Cooperator on an advance basis, they shall be deposited in the Treasury of the United States to the credit of cooperative work, Forest Service. Any unused balance of cooperative funds deposited for the purpose outlined in the project agreement will be returned to the Cooperator after completion of the work performed or upon agreement of the Forest Service.
Work performed by the Cooperator in lieu of required funds will be done in accordance with agreed upon standards of construction and projects specifications.
It the cooperative funds are to be made available on a reimbursement basis as the work progresses or upon its completion, the Forest Service shall submit to the Cooperator periodic billings, but not more often than monthly, or a final billing as the case may be. The amount of cooperative funds as set forth in the
project agreement shall be the maximum commitment of the Cooperator to the project unless changed by a modification of the project agreement duly executed by the parties hereto.
Federal Funds or Work Performed: When any proposed work provided for in an approved Forest Service-Cooper-ator program is to be performed by the Cooperator, the permittee, the Forest Service, or is to be performed jointly and the cost is to be borne in whole or in part by the Forest Service or by a Federal permittee, such circumstances shall be set forth in the project agreement together with a statement of the amount of cost to be borne by each party. If it appears that the project cost may exceed the estimate and additional funds or work may be needed, no obligation shall arise against the Federal Government or its permittees with respect to the increased cost except by modification of the project agreement prior to incurring any commitment. Payments to the Cooperator shall be made as provided for in each project agreement.
Location, Relocation, Survey and Design: The location, relocation, survey, and design, including the pre-paration of plans, specifications and cost estimates, for all projects listed under this agreement will be accomplished by whichever party is agreed upon. As each step of location, relocation, survey, or design work is accomplished, said work will be subject to review by the other party and acceptance before the next step is taken.
Rights-of-Way: Easements or other interests in land acquired in the name of either party shall be adequate to serve the planned road needs of both parties. There shall be no provisions in any easement documents that will prevent the Forest Service from using or authorizing the use of roads for the purposes for which Federal funds were expended. The Cooperator must be in position to assure the Forest Service the continu-ance of such uses for the period needed. The party acquiring the easement or other interest in land shall obtain such title evidence and title approval as required in its acquisitions for roads of comparable standards. The acquisitions may be in the name of the Cooperator except when such acquisition would not provide for the conditions described above or when the acquisition by the Cooperator would not adequately provide protection for the rights of other Cooperators, or when the road is an interior segment of a road which is under the primary control of the Forest Service.
The costs of such easements or other interests in property acquired by the Cooperator are to be at the Cooperator!s expense unless otherwise provided in the project agreement. Easements obtained in the name of the United States may be donated, acquired under cooperative agreements, or purchased.
The Forest Service will cooperate in the procurement of rights-of-way over or upon lands administered by other agencies of the United States, required for any project included under this agreement and will fur-nish the Cooperator copies of survey notes, maps, and other records.
Construction, Reconstruction, and Improvement of Cooperative Projects: Unless otherwise provided in the project agreement for the specified project, the construction, reconstruction or improvement of cooperative projects on the listed roads or segments under this agreement shall be accomplished by the designated con-structing party in accordance with the agreement. Construction shall be in strict compliance with the plans, specifications and estimates approved for the project and in conformity with requirements of law of the United States and regulations of the Secretary of Agriculture.
The project work shall be undertaken as promptly as possible after funds are made available, and shall be carried to completion with all reasonable speed. Minor changes in grade, alignment, surface course or structures made necessary by unforeseen contingencies or deemed desirable by conditions developing during the progress of the work may be made by the designated road constructor without a prior or separate ap-proval of the other party.
Cost of Project: Whenever the work is covered by a project agreement and cooperative funds are involved, the designated action party shall furnish to the other party a summary statement of the cost of the project upon completion or at any other time prior thereto upon request.
Borrow and Surfacing Material: When the approved plans for the construction, reconstruction or improvement of a project provide for obtaining local material from designated quarries, gravel pits or borrow pits sit-uated on private lands, the designated party shall negotiate and enter into all necessary agreements for the right to remove such material, and shall agree with the landowner for the price to be paid for mater-ial removed.
Maintenance: Upon approval of this agreement by both parties, and subject to availability of funds, the parties agree to assume or to continue the maintenance of the roads or segments listed in Schedule A.
Maintenance shall include preserving and keeping each roadway, road structure and road facility as mearly as possible in its original condition as constructed, or as reconstructed or improved, to provide satis-factory and safe road service.
In the event it is determined that conditions on a project under maintenance require extradordinary repairs, removal of unusually extensive slides, or similar work outside the scope of ordinary road maintenance, the performance thereof may be accomplished after both parties agree on appropriate cost shares and who will do the necessary work. If the work is of an extensive nature it shall be covered by a project agreement.
A road project shall be deemed in maintenance status when (1) the existing roads have been approved and listed and (2) the planned work on new, reconstructed or improved roads has been completed in accordance with approved plans and specifications, including the clearing ans disposal of refuse, as evidenced by the separate approvals of the Cooperator and the Forest Service.
Rules of Joint Use: All users of roads covered by this agreement shall comply with State and Federal laws; regulations of the Secretary of Agriculture relating thereto and those of the Cooperator relating to its jurisdiction, and to all necessary rules of road use, such rules to include those measures necessary to regulate speeds, vehicular weights and widths, and such other restrictions on use by specified classes of users as deemed necessary for public interest and safety.
Project Agreements: A project agreement shall be entered into between the parties for any project prior to the actual location, relocation, survey, acquisition of rights-of-way, construction, reconstruction, improvement, surfacing or maintenance or any combination of these. Project agreements are to be executed in sufficient copies to meet the requirements of the parties.
Modification and Termination:
(a) This agreement may be modified by mutual consent.
(b) This agreement may be terminated by either party upon at least _______ days prior written notice, ex-cept that such termination shall in no way affect or change any commitment made authorizing the use of
roads or right-of-way for purposes for which Federal funds were expended, or any operation in progress at time of notice, and provided, that such termination shall in no way affect the agreement of the parties hereto with respect to any obligations incurred under the agreement until a full settlement has been made.
(c) In the event of the disposal of any lands or interest in lands owned by either party to this agree-ment and traversed by a road included in Schedule A of this agreement, the conveyance to the third party shall be subject to a reservation, in the name of the sellor, of a perpetual easement and right-of-way for the road or roads traversing said lands or interest in lands. Said right-of-way for the road or roads shall be of adequate width to permit construction of the road to the standard planned.
(a) It is understood that any default by a permittee or other authorized road user creates no liability on the part of the Forest Service.
(b) Nothing herein contained shall be contrued to obligate the Forest Service or the Cooperator beyond the extent of available funds allocated or programmed for this work, or contrary to applicable laws, rules and regulations.
(c) No Member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefits that may arise therefrom, unless it is made with a corporation for its general benefit.
(d) Where applicable any contract, agreement or understanding entered into pursuant to this agreement providing for work to be performed shall include the requirements of Federal laws, Executive orders and Regulations.
This agreement shall be effective as of the date above written and shall supersede all prior existing agreements, if any, for the same roads.
_____San Juan County______________________ FOREST SERVICE
(Cooperator) DEPARTMENT OF AGRICULTURE
By K. S. Summers__________________ By ___________________________
______County Commissioner____________ ____________________________
(Title) Acting Regional Forester
By Marion H. Hazleton_____________
The Following Roads will be Maintained by San Juan County, State of Utah
Project Name F.D.R. County Road Number Termini Miles _________________________Number__________________________________________________________________________
Loop Road 50105 Monticello to U. S. - 160 15.0
Maintenance of the Following Roads will be Shared by San Juan County, State of Utah and the Manti-LaSal National Forest
Project Name___________F.D.R. Number_______County Road Number__________Termini________ ________Miles
Johnson Cr - North Cr 50079 Loop Road - Johnson Cr - Gooseberry Road
Supplement No. 1 to the Forest Development Road Cooperative Agreement entered into on May 9, 1966 by and between the Forest Service, U. S. Department of Agriculture and San Juan County, State of Utah.
WHEREAS, both parties are desirous of improving, relocating, realigning, and gravel surfacing the Loop Road Forest Development Road #50105 listed on Schedule A of the above referred to agreement, from the east end of the project completed under Supplement No. 2 to this same agreement at Station 238+00 and approximately 1.319 miles in length to Station 307+50.
WHEREAS, based on cost estimates prepared by Forest Service and San Juan County Engineers, the cost of performing the said road improvement work is estimated to be $22,610.19.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: A. The Cooperator will:
1. Obtain at its expense and in its name any rights-of-way over privately owned land needed for the said road improvement work.
2. Prepare and furnish engineering plans and specifications for the said road improvement work.
3. Provide the necessary personnel, equipment, and materials to perform and complete the said road improvement work by August 31, 1966.
4. Perform the said improvement work in accordance with engineering plans and specifications approved by the Forest Service and attached hereto.
B. The Forest Service will:
1. Collaborate with the Cooperator on the location of the said road.
2. Periodically inspect the work as it progresses to insure compliance with the terms of this agree-ment and the plans and specifications attached hereto.
3. Reimburse the Cooperator, under the the authority of the Federal Highway Act (P.L. 85-767, 8/27/58, 23 U.S.C. 205) $10,000 for the Forest Service share of the cost of performing the said road work, after satisfactory completion and acceptance of the work by Forest Service Engineers. Provided, that partial payments may be made as the work progresses on estimates made and approved by the Forest Service. In pre-paring the estimates the material delivered on the site and preparatory work done may be taken into con-sideration. Partial payments will not exceed the percentage of the total work completed applied to the $10,000 payment to be made by the Forest Service. No partial payment will be made for less than $5,000.
C. Both parties mutually agree that:
1. The United States will not be liable for any damage incident to the above cooperation.
2. The attached nondiscrimination clause, Sec. 303 of Executive Order No. 10925, is hereby made a part of this agreement.
3. The Cooperator agrees to insert the clause attached hereto entitled "Work Hours Act of 1962 -Overtime Compensation" in all subcontracts hereunder with private persons or firms.
The parties hereto have executed this agreement on the dates shown below.
May 9, 1966___________ _____San Juan County_________________
By K. S. Summers__________________
________________________ FOREST SERVICE U. S. DEPARTMENT OF AGRICULTURE
COUNTY ENTERS INTO AGREEMENT WITH STATE DEPARTMENT OF AGRICULTURE FOR PRAIRIE DOG ERADICATION
Owen W. Morris, State Supervisor of the Bureau of Sport Fisheries and Wildlife, DeLyle Rowley, John Scorup, and Terry Anderson, District Supervisor, were present to discuss with the County Commissioners the erad-ication of prairie dogs within the county.
After due discussion, a motion was made by Commissioner Hazleton that San Juan County enter into an agree-ment with the State for the eradication of prairie dogs within the county, and that the sum of $2,000 be paid to the State for the County's share of expenditures, the State to furnish the labor and the County to furnish the chemicals.
The above motion was seconded by Commissioner Summers, and carried unanimously. The following Agreement was then executed:
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF SPORT FISHERIES AND WILDLIFE
COOPERATING WITH UTAH STATE DEPARTMENT OF AGRICULTURE
and SAN JUAN COUNTY COMMISSIONERS
In accordance with the terms of the Master Project Agreement between the United States Department of the Interior, Bureau of Sport Fisheries and Wildlife, and the Utah State Department of Agriculture, approved October 26, 1962, copy of which is on file in the State Supervisor's Office, Bureau of Sport Fisheries and Wildlife, Salt Lake City, Utah. This Field Agreement is made to augment the predatory animal and injurious rodent control program in Utah.
Therefore, it is mutually agreed that:
1. The predatory animal and injurious rodent control programs conducted under the terms of this agreement
shall be under direct supervision of the Bureau of Sport Fisheries and Wildlife, and its local represen-tative will consult frequently with the cooperator relative to the extent of Bureau and cooperator par-ticipation in plans and programs necessary to best serve the interest of the parties hereto.
2. San Juan County will provide funds that may be available to augment the State Predatory Animal Control program for the employment of personnel or other expenses incurred in connection with the operation of the program.
3. The State Supervisor, or his designated Assistant, will certify as to correctness, all claims to be paid by any party to this agreement and shall perform such other administrative functions as are necessary to properly account for and record any expenditure or transfer of funds provided by the cooperator for any purpose listed in paragraph No. 2 above.
4. In accordance with paragraph 2 and 12 of the Master Agreement with the Utah State Department of Ag-riculture, proceeds from the sale of furs or other parts of monetary value taken from wild animals will be deposited to the State Predatory Animal Control Fund administered by the predatory animal control pro-gram in Utah.
5. This Agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this Agreement shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the agency making the funds available.
6. The cooperators hereby agree that Addendum No. 1 entitled "Assurance Statement of Nondiscrimination" shall be and is a part of this Agreement.
7. This Agreement, upon acceptance by both parties, will upon its effective date, cancel and replace the Agreement executed by the Cooperator on ____________ and the Bureau on ________________.
8. This Agreement shall continue in force and effect until superceded or terminated. It may be amended by mutual agreement and may be terminated by either party upon thirty (30) days written notice.
IN WITNESS WHEREOF, the duly authorized officers of the parties hereto have executed this Agreement on the dates opposite their respective signatures.
Date: 6-9-66_____________ K. S. Summers_________________
Date: 6-9-66_____________ 0. W. Morris__________________
Bureau of Sport Fisheries and Wildlife
U. S. DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE BUREAU OF SPORT FISHERIES AND WILDLIFE
ASSURANCE STATEMENT OF NONDISCRIMINATION
In part consideration for the approval of this program, and for such financial assistance as may be fur-nished by the United States concerning it, the Cooperator hereby promises and agrees that it will not, with respect to any service, financial aid, or other benefit provided under the conduct of this program directly or through contractual or other arrangement:
1. Deny to any individual any such service, aid or benefit.
2. Provide any such service, aid or benefit to any individual which is any different, or in a different manner, than is provided other persons.
3. Subject any individual to segregation or separate treatment in any manner related to his receipt of such service, aid or benefit.
4. Restrict any individual in any way in the enjoyment of any advantage or privilege enjoyed by others with respect to the receipt of such service, aid or benefit.
5. Treat an individual differently from others in determining whether he satisfies any admission, enroll-ment, quota, eligibility, membership or other requirement or condition which individuals must meet in order to provide such service, aid or benefit.
6. Deny an individual an opportunity to participate in the program through the provision of service or otherwise or afford him an opportunity to do so which is different from that afforded others including the opportunity to participate as an employee but only to the extent set forth in 43 CFR 17.3(c).
7. Utilize criteria or methods of administration which have the effect of subjecting individuals to dis-crimination, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program.
8. Do any other act in violation of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) or the regu-lations issued pursuant thereto in 43 CFR 17, as modified or amended.
In the event this application is for Federal Assistance to an institution of higher eduaction, the COOP-ERATOR promises, understands and agrees that these assurances extend to admission practices and to all other practices relating to the treatment of students; and if it is for such assistance to any institu-tion, including an institution of higher education, such assurances extend in addition to the opportunity of the students or clients of such institution to participate in the provision of services or other ben-efits to such individuals and shall be applicable to the whole institution unless the Federal officer administering such Federal assistance has indicated in writing his satisfaction that the institution's practices in designated parts or programs thereof will in no way affect such program's beneficiaries or participants or its practices in the program for which Federal assistance is hereby sought.
In the event that the program for which this Federal aid is sought is a continuing one, then these assur-
ances shall be in full force and effect, for the entire period during which Federal financial aid is extended in reliance thereon or pursuant to the application for such financial assistance, whichever is longer; and in the case where the assistance takes the form of personal property, then these assurances shall obligate the Cooperator for the entire period during which possession of such personal property is retained by the said Cooperator.
In further consideration, as aforesaid, the Cooperator acknowledges and agrees that the United States shall retain all rights, without waiver or diminution, to seek and enforce compliance by the Cooperator with these assurances and with the terms of Title VI of the Civil Rights Act of 1964.
U. S. FISH AND WILDLIFE SERVICE BUREAU OF SPORTS FISHERIES AND WILDLIFE DIVISION OF WILDLIFE SERVICES 2215 Federal Building
125 South State St. Salt Lake City, Utah 84111
Utah - 1
No. 15-1 (19)
ALLOCATION OF FUNDS
Pursuant to Section 2 of the Field Agreement between the Division of Wildlife and the San Juan County Commissioners the latter party agrees to provide funds in the amount of $2000.00 as their contibution to the cooperative predator-rodent control program for the period from May 1, 1966 to December 31, 1966.
Funds to be used for the following purposes: Prairie Dog Control
The Bureau of Sports Fisheries and Wildlife agrees to furnish supervision of the project and will provide lethal agents and other control devices required.
Approved by: K. S. Summers Date 5-9-66
Terry E. Anderson Date 5-9-66 District Supervisor
Name of officer of cooperating agency to whom bills are to be presented for payment:
Name: Ada Palmer, Clerk Address: Monticello, Utah
CERTIFICATION BY COUNTY CLERK
I solemnly swear that K. S. Summers was on the 9th day of May, 1966, the duly elected, qualified and acting Chairman of Commissioners of San Juan County , on whichday he executed Statement of Assurance in compliance with Civil Rights Act of 1964 (43 CFR 17) for and behalf of said San Juan County; that he was fully empowered to execute said Statement and that his action in executing the same binds the said San Juan County in full performance of all delegations thereunder.
Signed Ada Palmer__________
Title San Juan County Clerk Date May 9, 1966 Official Seal
The County Auditor was authorized to transfer the sum of $2,000.00 to the Utah State Department of Agriculture, ESCROW AGREEMENT EXECUTED
It was unanimously agreed that the following Escrow Agreement be executed by San Juan County:
ACCOUNTING MANUAL ESCROW AGREEMENTS RULES FOR ADMINISTERING MATCHING FUNDS FOR COUNTY FAS PROJECTS July 22, 1965
On June 8, 1965, the Commission authorized Counties to deposit matching funds to be used on County Federal-Aid Secondary Projects in a bank of their choice, but subject to escrow agreements that allows the Depart-ment of Highways to draw upon the funds at such time as they are needed for construction of County FAS projects. A standard form of escrow agreement has been drawn up by the Legal Department.
In order that funds deposited under escrow agreements may be properly controlled, the following rules will be observed:
1. Routine contracts with County officials regarding escrow or escrowed funds will be made by the Secon-dary Roads Engineer. All files relative thereto will be maintained by the Secondary Roads Engineer and the Highway Department Accounting Office.
2. Escrow agreements will be prepared in triplicate: One (1) copy to be kept by the Secondary Roads Engi-neer; one (1) copy in the Highway Department Accounting Department; and one (1) copy to be filed in the County Clerk's Office.
3. As funds are deposited in the County's escrow account, official notification shall be furnished the
Department of Highways in duplicate; one (1) copy will be kept by the Secondary Roads Engineer and the other copy in the Accounting Department. A running balance record will be maintained of each County's escrow account.
4. A separate escrow account will be maintained for each project. The Highway Department may transfer funds from one project to another with the written permission of the County and the execution of another escrow agreement.
5. Withdrawals of escrow accounts will be made only by officials of the Department of Highways and only for payment of the County's participating share of road costs on the projects involved, as costs are in-curred. Withdrawal orders will be signed by the Director of Highways, and the Chief Accountant.
6. Any funds remaining in a county's escrow account after a project is completed and all costs paid shall be released to the County involved under the same signatures as -indicated in paragraph 5 above. The Coun-ty may transfer the unused balance to another project if they so desire.
7. Any interest which may be accrued, or paid by banks on escrow accounts, shall be credited to or paid directly to the grantor County under the terms of the escrow agreement.
8. The Secondary Roads Engineer will check with the Chief Accountant monthly as to the status of escrow accounts.
9. The above instructions apply only to County Federal-Aid Secondary roads, and have no application to work which may be done by the Highway Department directly for a County or Municipality under the direction of a District Engineer.
ESCROW AGREEMENT TO : Utah Department of Highways, Salt Lake City, Utah
FROM : Board of County Commissioners San Juan County, Utah
SUBJECT: Escrow agreement for County matching funds on Federal-Aid Secondary projects.
This is to certify that on the 12th day of May, 1966 there was deposited with First Security Bank of Utah, N. A., Monticello Branch, the sum of $13,800.00 which monies shall be used as County matching funds on Federal-Aid Secondary Project No. ______________________ programmed by said County.
The County hereby designates and authorizes the Utah Department of Highways to be the sole and only withdrawal agent. All or part of these funds may be withdrawn at the discretion of the Highway Department, at which time they will be designated as "matching funds". Any interest accruing while on deposit with the above named bank shall accrue to the County, but may be added to the County's escrow account.
This escrow agreement is pursuant to a resolution adopted by the Utah State Road Commission on June 8, 1965.
Date May, 1966 BOARD OF COUNTY COMMISSIONERS
Attest: K. S. Summers____________
County Clerk Marion H. Hazleton_______
The motion that San Juan County enter into an Escrow Agreement with the Utah Department of Highways was made by Commissioner Hazleton, seconded by Commissioner Summers and carried unanimously.
REQUEST FOR ESTABLISHMENT OF VOTING PRECINCT
A delegation of residents of OlJato were present to make a request that they be considered for the estab-lishment of a Voting Precinct at OUato. Those present were : Mr. and Mrs. Wilbert Willie, Mr. Teddy Holliday, Jack Crank, and Brother Juniper. Mrs. Lizbeth Eubanks and Mrs. Joe Hunt accompanied the group.
A written Petition has previously been received and the matter is receiving consideration from the Board of County Commissioners.
REQUEST FOR ROAD WORK ON FOREST AT LA SAL
Mr. A. M. Stocks was present to request that San Juan County grade the Forest road at La Sal that is be-ing used by the lumber company. He stated that if the County can not take care of the grading, he will probably have to get a grader of his own so that the road can be graded when needed.
The Commissioners will take the matter under consideration with the Road Department. APPROVAL FOR ASSESSOR TO ATTEND PLANNING MEETING-ASSESSORS EXECUTIVE COMMITTEE
Ralph Burtenshaw, County Assessor, requested that he be given permission to attend a planning meeting on May 11, 1966 at Fillmore. Those to be in attendance will be members of the Utah State Association of Counties and Assessors Executive Committee.
Permission was granted.
MISSILE FIRING SCHEDULED
A Missile Firing Period has been scheduled as follows: 6P.M. May 19, 1966 to 6 A. M. May 20, 1966.
PERMISSION GRANTED FOR REPLACING WINDSHIELD IN HEALTH DEPARTMENT PICKUP
An estimate of cost of replacing the windshield in the Health Department Pickup in the amount of $59.40
was granted by the County Commission.
HUNTER AND SHERWOOD, CPA FIRM, TO PRESENT AUDIT ON MAY 23, 1966 AT 2:30 P. M.
A request having been made by the C.P.A. firm of Hunter and Sherwood for an appointment for presenting the report of the County Audit, it was agreed that they be present on May 23, 1966 at 2:30 p. m. for pre-senting their report.
APPOINTMENT TO PLANNING COMMISSION
Commissioner Hazleton recommended the appointment of William C. Walton as a member of the Planning Com-mission to replace the term of Ben Hess, whose term expired July 31, 1966, Mr. Walton's appointment to be retroactive to that date. The term is for a period of three years.
LETTER-BUREAU OF LAND MANAGEMENT
The following letter has been received from the Bureau of Land Management:
United States Department of the Interior Bureau of Land Management Monticello, Utah 84535
May 3, 1966
San Juan County Commissioners San Juan County Courthouse Monticello, Utah 84535
I am attaching a copy of the Special Land Use Permit issued to Mitchell Williams on April 29, 1966.
Note that Special Condition J (b) ties the reissuance of this permit to your current land use planning efforts. The permit has been issued for a period of one year in accordance with your recommendations. However, I wish to point out that a one-year permit does not provide sufficient tenure for Mr. Williams to make a large capital investment. I believe that this use is certainly one which should be considered in your current land use planning efforts.
We very much appreciate your cooperation concerning land use planning and will stand ready to work with you and/or your land use planning consultant, Owen Burnham.
Robert E. Anderson Robert E. Anderson District Manager Enclosure
THE FOLLOWING CLAIMS WERE APPROVED FOR PAYMENT:
Tourist & Publicity Council petty cash 25.75
CAPITAL IMPROVEMENTS FUND:
Utah State Dept. of Highways Matching funds-Federal Aid-Secondary Roads 13,800.00
AGRICULTURE EXTENSION FUND:
Fosters, Inc. supplies 4.30
WEED & RODENT FUND:
Utah State Department of Agriculture License Fee 5.00
Utah State Department of Agriculture control of prairie dogs in County 2,000.00
Redd's parts 7.00
Monticello Lumber & Hardware supplies 40.75
JB Grain & Bean Co. supplies 65.00
Young's Machine Co. labor & material 15.70
San Miguel Power Association, Inc. electricity 2.80
City of Monticello public utilities 14.02
Utah Gas Service Co. natural gas 9.84
Pathway Super Service 1 gal. diesel & 1 qt. oil 2.32
Grant H. Leavitt Salary- April, 1966 450.00
Del Chemical Corporation Court House Supplies 35.00
Parkway Super Service Sheriff's Department - 1 qt. oil .60
Texburger Cafe prisoner meals 28.80
Palmer's Propane Service Bluff Fire House - propane 11.05
Western Union Telegraph Sheriff's Dept. to Sheriff at Salt Lake City 3.84
K. S. Summers Mileage reimbursement-304 mi. @ 8 cents 24.32
Marion H. Hazleton Mileage reimbursement-250 mi. @ 8 cents 20.00
C. D. Smith Co. Sheriff's Dept. - Polaroid Film 25.11
Ronald McKenzie clothing allowance-March & April 40.00
John Dufur clothing allowance-March & April 40.00
Rigby Wright clothing allowance for March & April 40.00
Chauncey Black clothing allowance for March & April 40.00
Ross A. Musselman clothing allowance for March & April 40.00
Turquoise Cafe prisoner meals 10.45
Elk Ridge Cafe prisoner meals 9.70
Stevens Equipment Sheriff's Dept. - equipment 2.00
Pay Day Drug Co. Sheriff's Dept. - film 5.30
Jackson-David Bottling Co. Court House 19.00
Burtin L. Pierce Justice of Peace Fees - April, 1966 76.00
Neldon E. Holt Justice of Peace Fees - April, 1966 16.00
June Hanson Salary-County Attorneys Office 109.55
City of Monticello public utilities 95.54
Monticello Lumber & Hardware materials 99.76
Utah Gas Service Company natural gas 126.85
COUNTY ROAD DEPARTMENT FUND:
Cummins Intermountain Diesel Sales Co. parts 25.32
Arnold Machinery Co., Inc. parts 44.98
Hafer's Inc. equipment 49.65
La Sal Junction Service gasoline 3.91
Salt Lake Hardware Co. equipment 251.30
Wheeler Machinery Co. parts 656.19
Western Mine Supply Co., Inc. parts & equipment 493.62
Causeway Conoco Service tire repairs 24.24
Abajo Petroleum maintenance & supplies 403.41
Fabreeka Products Company 4 Fabreeka pads 14.25
Atlas Equipment Co. equipment-1 10' Hiway spreader 2,340.00
National Cylinder Gas oxygen - acetylene 28.44
Cate Equipment Company parts 427.97
B-H Machinery Co. equipment 11.04
Sipe Repair Shop repairs & labor 46.25
Slavens Hardware & Lumber, Inc. 2 bdl. lath 4.50
Helms Motors equipment 10.50
Palmer's Propane Sales propane-Monticello Doxol Service 32.50
Palmer's Propane Service propane 52.00
P. P. P. Inc. 50 Scotchlite Silver Emblems @ 5.50 275.80
Palmer's Hardware parts 177.20
Victor Peterson Salary- 168 hours @ $2.25 per hour 378.00
San Juan Oil Company gasoline & diesel 434.25
Helms Implement, Inc. parts 241.45
ASA Welders Supply equipment 32.50
Black Oil Company equipment 207.47
Skidmore Upholstery Upholstering Truck 32.00
Warren F. Bronson 2 butane bottles 30.00
0. Frost Black Rent on Dozer @ $14.00 per hr. 91 1/2 hrs. 1,281.00
Glen Wilkins Rent on Dozer @ $14.00 per hr. 65 hrs. 910.00
Robert F. Bryan "Overtime" 29 hrs. @ $2.77 80.33
Kenneth Miller "Overtime" 11 1/2 hrs. @ $2.37 27.26
Billy Joe Richardson "Overtime" 8 hrs. @ $2.48 19.84
H. W. Redshaw "Overtime" 8 hrs. @ $2.39 19.12
Stanley M. Hawkins (Subs. 4 days @ $4.00) 16.00
Ronald J. Harvey (Subs. 4 days @ $4.00) 16.00
Garth L. Bradford "Overtime" 4 hrs. @ $2.48- 9.92
Subs. 4 days @ $4.00 16.00 25.92
J. Glen Shumway Subs. 2 days @ $4.00 8.00
John D. Palmer Subs. 4 days @ $4.00 16.00
Delores Hurst Subs. 4 days @ $4.00 16.00
Harry B. Laws Subs. 4 days @ $4.00 16.00
Wilbur F. Laws Subs. 4 days @ $4.00 16.00
Oren Kenneth Palmer Subs. 4 days @ $4.00 16.00
Stephen K. Meyer "Overtime" 1 hr. @ $2.48 2.48
Kay Devon Burtenshaw Salary-121 hrs. @ 2.55+ 309.70
Kent D. Rogers Salary-165 1/2 hrs. @ $2.55+ 423.60
Alfred C. Christensen Salary-168 hrs. @ $2.47+ 415.00
R. L. Pearson Salary-128 hrs. @ $2.47+ 316.19
Claude J. Butler Salary- 48 hrs. @ $2.55+ 122.86
Robert F. Bryan Salary- 168 hrs. @ $2.85+ 483.45
M. J. Wooten Salary- 56 hrs. @ $2.25 129.45
Kenneth Miller Salary-157 hrs. @ $2.44+ 383.15
Howard Kimmerle Salary-40 hrs. @ $2.25 90.00
Stanley M. Hawkins Salary-92 hrs. @ $2.25 207.00
Garth L. Bradford Salary-164 hrs. @ $2.55+ 419.76
Warren F. Bronson Insurance benefit 3.45
J. Glen Shumway Salary-20 hrs. @ $2.38+ 51.07
Ronald J. Harvey Salary-154 hrs. @ $2.44+ 375.84
John D. Palmer Salary-48 hrs. @ $2.47+ 118.57
(continued on following page)
COUNTY ROAD DEPARTMENT FUND:
Delores Hurst Salary-92 hrs. @ $2.38+ 219.05
Oren Kenneth Palmer Salary-160 hrs. @ $2.554- 409.52
Harry B. Laws Salary-112 hrs. @ $2.47+ 276.67
Wilbur F. Laws Salary-152 hrs. @ $2.47+ 375.48
Stephen K. Meyer Salary-19 hrs. @ $2.55+ 48.63
Billy Joe Richardson Salary-168 hrs. @ $2.55+ 433.45
H. W. Redshaw Salary-168 hrs. @ $2.47+ 418.45
John L. Stewart Salary-168 hrs. @ $2.47+ 415.00
Julius N. Harvey Salary-168 hrs. @ $2.47+ 415.00
Lynn L. Adams Salary-168 hrs. @ $2.47+ 415.00
Cipriano Perea Salary-168 hrs. @ $2.25 378.00
Max Bailey Salary-104 hrs. @ $2.25 234.00
Carlos L. Hyde Salary-78 hrs. @ $2.25 175.50
Leonard Doyle Perkins Salary-80 hrs. @ $2.25 180.00
Ted C. Bronson Salary-168 hrs. @ $2.55+ 433.45
David L. Guymon Salary-168 hrs. @ $583.33 per month 583.33
Dale Fuller Salary-168 hrs. @ $2.85+ 480.00
Utah Gas Service Company natural gas 18.52
Monticello Lumber & Hardware 3 bundles survey stakes 7.50
San Miguel Power Association, Inc. electricity 2.80
Young's Machine Shop equipment 29.40
Redd's parts 153.47
"B" ROAD FUND:
Carlos L. Hyde Salary-90 hrs. @ $2.25 202.50
Max Bailey Salary-64 hrs. @ $2.25 144.00
Stephen K. Meyer Salary-149 hrs. @ $2.55+ 381.37
James Parley Laws Salary-168 hrs. @ $2.47+ 415.00
Wilbur F. Laws Salary- 8 hrs. @ $2.47+ 19.76
Harry B. Laws Salary- 48 hrs. @ $2.47+ 118.57
Delores Hurst Salary- 68 hrs. @ $2.38+ 161.90
Aroe G. Brown Salary-168 hrs. @ $2.67+ 450.00
John D. Palmer Salary-112 hrs. @ $2.47+ 276.67
Ronald J. Harvey Salary-8 hrs. @ $2.44+ 19.52
J. Glen Shumway Salary-120 hrs. @ $2.38+ 285.71
Warren F. Bronson Salary-168 hrs. @ $2.25 378.00
Garth L. Bradford Salary-4 hrs. @ $2.55+ 10.24
Stanley M. Hawkins Salary-68 hrs. @ $2.25 153.00
Howard Kimmerle Salary-40 hrs. @ $2.25 90.00
Kenneth Miller Salary-11 hrs. @ $2.44+ 26.85
M. J. Wooten Salary-64 hrs. @ $2.25 144.00
Utah Gas Service natural gas 70.51
Williamsens, Inc. Repairs to Bookmobile 1,865.57
Parley Redd Mercantile supplies 2.88
City of Monticello public utilities 187.08
Gene Y. Hacking Blanding Librarian 315.00
Floyd Barrell Salary-Monticello Library Janitor 190.00
Special Meetings-Janitor service 6.00 196.00
Ed's Chevron Service maintenance on Bookmobile 58.30
San Juan County Road Dept. Reimbursement-gas & Oil-Bookmobile 86.79
Sam F. Parry Expense Reimbursement-March 8-May 1, 1966 115.11
There being no more business to come before the Board at this time, meeting adjourned.
Ada Palmer, Clerk K. S. Summers,