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Resolution No. 12112025-01

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General Information

Government Type
Municipality
Entity
Levan
Public Body
Town Council

Notice Information

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Notice Title
Resolution No. 12112025-01
Notice Tags
Resolution
Notice Type(s)
Notice
Event Start Date & Time
December 11, 2025 07:30 PM
Description/Agenda
Resolution No. ___12112025 -01___ RESOLUTION TO ESTABLISH SUPPORT FOR PENDING LITIGATION AND PROCESS FOR AVOIDING VIOLATION OF UTAH MUNICIPAL OFFICERS' AND EMPLOYEE'S ETHICS ACT WHEREAS, in Town of Levan previously filed litigation against the Levan Irrigation Company, and former Mayor, Robert Shepherd, which litigation is currently pending as Case No. 250600024 (the 'Litigation'); and WHEREAS, in November, residents of the Town of Levan elected Tyler Shepherd as the Mayor of the Town of Levan; and WHEREAS, Tyler Shepherd is the president of the Levan Irrigation Company; and WHEREAS, Utah Code Ann. ยง 10-3-1304(2) makes it an offense for an elected officer to: (a) disclose or improperly use private, controlled, or protected information acquired by reason of the officer's or municipal employee's official position or in the course of official duties in order to further substantially the officer's or municipal employee's personal economic interest or to secure special privileges or exemptions for the officer or municipal employee or for others; or (b) use or attempt to use the officer's or municipal employee's official position to: (i) further substantially the officer's or municipal employee's personal economic interest; or (ii) secure special privileges for the officer or municipal employee or for others. WHEREAS, Tyler Shepherd's active role with the Levan Irrigation Company would make it impossible for him to be privy to private, controlled or protected information regarding litigation strategies, filings or other attorney-client privileged information related to the Litigation between Town of Levan and Levan Irrigation Company; and WHEREAS, the Town of Levan is supportive of continuing the Litigation; and WHEREAS, the Town Council wishes to establish a process for the Town to make decisions related to the Litigation that would not jeopardize the Litigation, breach the attorney-client privilege or result in a violation of the Utah Municipal Officers' and Employee's Ethics Act by any elected officials. NOW, THEREFORE, BE IT RESOLVED, by the Levan Town Council be as follows: 1. The Town of Levan supports the continuation of the Litigation; 2. The Town Council appoints ______________ (together the 'Liaisons') to act as the liaisons between the Town of Levan's attorneys handling the Litigation and the Town of Levan. Unless otherwise determined by a majority vote of the Town Council, the Liaisons are hereby authorized to make any decisions related to strategy, pleading or other matters related to the Litigation, except any settlement or dismissal of claims must be approved by the Town Council. 3. The Liaisons shall review all invoices by the Town of Levan's attorneys handling the Litigation and shall provide redacted versions of the invoices that do not include any attorney-client information to the remainder of the Town Council. This Resolution is effective immediately upon passage. Roll call vote: Yes No Not present Councilmember Chris Chipping ___ ___ ___ Councilmember Jerry Spencer ___ ___ ___ Mayor Bruce Rowley ___ ___ ___ Councilmember Rachel Goates ___ ___ ___ Councilmember Ray Evans ___ ___ ___ Passed and adopted on the 11th day of December 2025. By: __________________________ Bruce Rowley, Mayor Attest: __________________________ Christine Carrigan, Town Clerk
Notice of Special Accommodations (ADA)
In accordance with the Americans with Disabilities Act, Levan Town will make reasonalble accommodations for participation in the meeting. Request assistance by contacting the Levan Town Office at 435-623-1959.
Notice of Electronic or Telephone Participation
NA

Meeting Information

Meeting Location
20 N MAIN
PO BOX 40
Levan, UT 84639
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Contact Name
CHRISTINE CARRIGAN
Contact Email
christine@levantown.com

Notice Posting Details

Notice Posted On
December 16, 2025 01:24 PM
Notice Last Edited On
December 16, 2025 01:24 PM

Download Attachments

File Name Category Date Added
Resolution 12112025-01.pdf Other 2025/12/16 01:23 PM


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