Download Zipped Introduced WordPerfect HCR201.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.C.R. 201
1
RESOLUTION APPROVING LEGACY PARKWAY
2
SETTLEMENT AGREEMENT
3
2005 SECOND SPECIAL SESSION
4
STATE OF UTAH
5
Sponsor: J. Stuart Adams
6
7
LONG TITLE
8
General Description:
9
This concurrent resolution of the Legislature and the Governor gives approval of the
10
Utah Department of Transportation's execution of a settlement agreement to resolve all
11
pending litigation and potential future claims of the plaintiffs and allow for the
12
construction of the Legacy Parkway.
13
Highlighted Provisions:
14
This resolution:
15
. gives approval of the Utah Department of Transportation's execution of a settlement
16
agreement with the Plaintiffs in Utahns for Better Transportation et al. v. U.S. Dep't
17
of Transportation et al., Consolidated Nos. CIV. 1:01-cv-00075; CIV.
18
1:01-cv-00145 (United States District Court for the District of Utah) and with other
19
entities that have threatened to bring litigation against the State to resolve all
20
pending litigation and potential future claims of the plaintiffs and allow for the
21
construction of the Legacy Parkway.
22
Special Clauses:
23
None
24
25
Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
26
WHEREAS, on or about January 17, 2001, Utahns for Better Transportation, Mayor
27
Ross C. "Rocky" Anderson, in his official capacity as Mayor of Salt Lake City, the Sierra Club,
28
and Paul and Rosemarie Hunter (Plaintiffs) sued the United States Department of
29
Transportation and other federal agencies alleging that they had wrongfully issued permits to
30
the Utah Department of Transportation (UDOT) that would have allowed construction of the
31
Legacy Parkway;
32
WHEREAS, on September 16, 2002, the United States Court of Appeals for the 10th
33
Circuit issued an opinion concluding that the federal defendants had failed to comply with
34
certain federal environmental laws before issuing the permits, and, consequently, requiring
35
additional environmental analyses;
36
WHEREAS, the Court of Appeals also prohibited construction of the Legacy Parkway
37
pending completion of the new analyses and issuance of new federal permits;
38
WHEREAS, since issuance of the 2002 court opinion, the federal agencies have
39
prepared a Supplemental Environmental Impact Statement as required by the Court of Appeals
40
and have complied with federal environmental laws regarding highway construction projects;
41
WHEREAS, the Plaintiffs and other entities have submitted comments alleging that the
42
Supplemental Environmental Impact Statement fails to comply with federal law and with the
43
remand from the Court of Appeals and have threatened to challenge the federal agencies on any
44
decisions concerning the Legacy Parkway;
45
WHEREAS, UDOT has met with representatives for the plaintiffs and other entities
46
over the past several months to reach a final accord that would allow for construction of the
47
Legacy Parkway and termination of all litigation, pending or threatened;
48
WHEREAS, UDOT and the Plaintiffs and other entities have negotiated a proposed
49
Settlement Agreement;
50
WHEREAS, the proposed Settlement Agreement would require expenditure of more
51
than $1 million;
52
WHEREAS, State Settlement Agreements, Title 63, Chapter 38b, Utah Code
53
Annotated, requires legislative and gubernatorial approval of settlement agreements requiring
54
the expenditure of more than $1 million;
55
WHEREAS, the Governor approved the Settlement Agreement on November 1, 2005;
56
WHEREAS, on November 8, 2005, the Legislative Management Committee met and
57
heard testimony from the executive director of UDOT, John Njord, and others; and
58
WHEREAS, the Legislative Management Committee recommended that the Legislature
59
consider the proposed Settlement Agreement in the special session called for November 9,
60
2005:
61
NOW, THEREFORE, BE IT RESOLVED by the Legislature, the Governor concurring
62
therein, that the Legislature and the Governor approve UDOT executing a Settlement
63
Agreement with Plaintiffs that contains the terms and conditions set forth in the Settlement
64
Agreement dated October 31, 2005.
65
BE IT FURTHER RESOLVED by the Legislature, the Governor concurring therein,
66
that approval from the Legislature and the Governor is required if UDOT and the Plaintiffs and
67
other entities amend or modify the Settlement Agreement in a material respect or if changed
68
circumstances would require a material amendment or modification of the Settlement
69
Agreement.
Legislative Review Note
as of 11-1-05 11:58 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.