S.C.R. 3

1

RESOLUTION APPROVING SETTLEMENT BY
2 UTAH DEPARTMENT OF TRANSPORTATION
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Peter C. Knudson
6 This concurrent resolution of the Legislature and the Governor approves the legal settlement
7 reached between the Utah Department of Transportation and Envirotech Corporation, now
8 known as EVT Holdings, Incorporated. This concurrent resolution has an immediate
9 effective date.
10 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
11 WHEREAS, the Utah Department of Transportation has the statutory responsibility to
12 condemn land for state highway purposes and, under that authority, has condemned land owned
13 by Envirotech, now known as EVT Holdings, Incorporated;
14 WHEREAS, the parties have been litigating the condemnation, which eventually resulted
15 in a Stipulation and Agreement resolving all claims;
16 WHEREAS, in the Stipulation and Agreement, the Utah Department of Transportation
17 agreed to pay Envirotech Corporation the sum of $2,208,000, on the condition that the Utah
18 Legislature approve the settlement pursuant to Section 63-38b-104 , which requires the
19 Legislature's approval before a state agency can execute a settlement agreement that might cost
20 government entities more than $1 million to implement;
21 WHEREAS, the Stipulation and Agreement will be paid out of right-of-way acquisition
22 funds that have already been budgeted for the Interstate 15 Reconstruction Project, thus eliminating
23 the need for further appropriation; and
24 WHEREAS, a timely execution of the Stipulation and Agreement is in the best interests
25 of the state of Utah and Envirotech Corporation:
26 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
27 Governor concurring therein, approves the settlement agreement that the Attorney General's Office

28 and the Utah Department of Transportation negotiated with Envirotech Corporation, now known
29 as EVT Holdings, Incorporated for the payment of $2,208,000 S , WHICH INCLUDES THE $208,000
29a PREVIOUSLY PAID BY THE UTAH DEPARTMENT OF TRANSPORTATION TO ENVIROTECH
29b CORPORATION s .
30 NOW, THEREFORE, if approved by two-thirds of all the members elected to each house,
31 this resolution takes effect upon approval by the governor, or the day following the constitutional
32 time limit of Utah Constitution Article VII, Section 8, without the governor's signature, or in the
33 case of a veto, the date of veto override.




Legislative Review Note
as of 1-31-01 3:16 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel