On the heels of the controversial news being released out of California regarding the Oakland Bulk Terminal, the Carbon County Commissioners discussed the consideration of Resolution 2018-17, which would authorize and approve an Interlocal Cooperation Agreement during their Tuesday evening meeting. This agreement would provide for the creation and organization of the Central Utah Throughput Infrastructure Agency (CUTIA).
Commissioner Jae Potter introduced this agenda item, stating that it would allow four counties to organize into the CUTIA. These counties would be Carbon, Emery, Sevier and Sanpete and would be for the one project only pertaining to the Oakland Bulk Terminal. Commissioner Potter stated that they have met with legal counsel and the agreement would allow the group to move forward so documents can be passed to the lieutenant government office and go forward with an application to an infrastructure fund.
Commissioner Potter also stated that monies were set aside in a legislative bill a few years ago. Due diligence would have to be performed before any money would be seen and the particular agenda item before the commissioners would approve a resolution that forms the interlocal entity under Utah law. If approved, it also by nature approves the creation of the entity. County Attorney Christian Bryner stated that it was pertinent to understand that the entity is a separate legal entity, meaning that it is not of the county.
The CUTIA will be financed by loan, grant or a combination of the two from the Community Impact Board that was established by Senate Bill 246. Bonds and contractual obligations shall not be a debt or obligation from the counties and the counties will not have responsibility or liability for the payment of the bonds. Commissioner Potter also stated that he is committed to help see this project through, even after his term as commissioner has ended.
Commissioner Casey Hopes was made the director for the county pertaining to CUTIA with commissioner Potter acting as the alternate director. Not only was the resolution approved by the commissioners, they also approved Chapman and Cutler to be the legal counsel for the project. Chapman and Cutler have been the legal counsel throughout the process, including the writing of the legislation for the Senate Bill 246.