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S.C.R. 3 Enrolled
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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