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S.C.R. 3 Enrolled

                 

RESOLUTION APPROVING SETTLEMENT BY

                 
UTAH DEPARTMENT OF TRANSPORTATION

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Peter C. Knudson

                  This concurrent resolution of the Legislature and the Governor approves the legal settlement
                  reached between the Utah Department of Transportation and Envirotech Corporation, now
                  known as EVT Holdings, Incorporated. This concurrent resolution has an immediate
                  effective date.
                  Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
                      WHEREAS, the Utah Department of Transportation has the statutory responsibility to
                  condemn land for state highway purposes and, under that authority, has condemned land owned
                  by Envirotech, now known as EVT Holdings, Incorporated;
                      WHEREAS, the parties have been litigating the condemnation, which eventually resulted
                  in a Stipulation and Agreement resolving all claims;
                      WHEREAS, in the Stipulation and Agreement, the Utah Department of Transportation
                  agreed to pay Envirotech Corporation the sum of $2,208,000, on the condition that the Utah
                  Legislature approve the settlement pursuant to Section 63-38b-104 , which requires the
                  Legislature's approval before a state agency can execute a settlement agreement that might cost
                  government entities more than $1 million to implement;
                      WHEREAS, the Stipulation and Agreement will be paid out of right-of-way acquisition
                  funds that have already been budgeted for the Interstate 15 Reconstruction Project, thus eliminating
                  the need for further appropriation; and
                      WHEREAS, a timely execution of the Stipulation and Agreement is in the best interests
                  of the state of Utah and Envirotech Corporation:
                      NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
                  Governor concurring therein, approves the settlement agreement that the Attorney General's Office
                  and the Utah Department of Transportation negotiated with Envirotech Corporation, now known
                  as EVT Holdings, Incorporated for the payment of $2,208,000, which includes the $208,000


                  previously paid by the Utah Department of Transportation to Envirotech Corporation.
                      NOW, THEREFORE, if approved by two-thirds of all the members elected to each house,
                  this resolution takes effect upon approval by the governor, or the day following the constitutional
                  time limit of Utah Constitution Article VII, Section 8, without the governor's signature, or in the case
                  of a veto, the date of veto override.

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