7 of 1958 - Amending Section 39-3-1 of the R.O. 1955, relating to Board of Equalization & Review providing a pr r-1//
FE819198
ROLL CALL Salt Lake City,Utah, 195
VOTING Aye Nay J
v' I move that the ordinance be passed.
Burbidge . . . .
Christ sen . . .
Romney . . .
Mr.Chairman . V AN ORDINANCE
Result
AN ORDINANCE AMENDING Section 39-3-1 of the Revised Ordinances of
Salt Lake City, 1955, with respect to the activity of a Board of Equali-
zation and to the levy of special taxes under authority of Article 7
of Chapter 7 of Title 10, Utah Code Annotated; providing a procedure
for the giving of notice of the hearing required by Section 10-7-40,
Utah Code Annotated, 1953, and providing a procedure for the manner in
which such hearing is to be conducted.
NOW, THEREFORE, be it ordained by the Board of Commissioners of
Salt Lake City, as follows:
SECTION 1. That Sec. 39-3-1 of the Revised Ordinances of Salt Lake
City, 1955, is amended to read as follows:
Sec. 39-3-1. Board of Equalization. Whenever the city engineer
shall issue a certificate covering a portion or all of the work completed
in any improvement district, he shall file a copy of the same with the
Board of Commissioners and said board shall thereupon appoint a Board of
Equalization and Review to consist of three or more of its members.
Sec. 39-3-1(1). That in addition to the publication or posting
of the notice of intention to make improvements as provided by Section
10-7-41, Utah Code Annotated 1953, a copy of .such notice shall, not latdr
. than five days after the first publication or posting of such notice, be
mailed, postage prepaid ' to each owner of land to be assessed within the
proposed special improvement district, at the last known address of such
owner, using for such purpose the names and addresses appearing on the
last completed real property assessment rolls of the County wherein said
affected property is located, and in addition a copy of such notice shall
be addressed to "Owner" and shall be so mailed, addressed to the street
number of each piece of improved property to be affected by the assessment.
.,Sec. 39-3-1(2). That in addition to the publication or posting
of the notice as provided by Section 10-7-4„0, Utah Code Annotated 1953,
and as hereinafter provided, a copy of such notice shall, not less than
twenty days prior to the date on which the Board of Equalization and Review
will begin its sittings, be mailed, postage prepared to each owner of
land to be assessed within the proposed special improvement district, at
the last known address of such owner, using for such purpose the names and
addresses appearing on the last completed real property assessment rolls
of the county wherein said affected property is located, and in addition
a copy of such notice shall be addressed to "Owner" and shall be so mailed,
addressed to the street number of each piece of improve property to be
affected by the assessment. If said notice is published in a newspaper it
shall be published in three consecutive issues of the newspaper, the first
publication to be not less than twenty days prior to the date fixed for the
first meeting of the board and if posted shall be posted not less than
twenty days prior to the date fixed for the first meeting of the board.
The aforesaid first meeting may be adjourned or recessed from time
to time to a specific place and a specific future hour and day until the
work of the board shall have been completed, which meetings shall be during
usual business hours and on not less than three consecutive days, and during
such time the lists of property and taxes shall be open to public inspection.
All meetings of the board pursuant to said section shall be public.
35-3-1-(3)
Sec. 39-3-(3). That each sitting of the Board of Equalization and
Review to be held under Section 10-7-40, Utah Code Annotated 1953, aforesaid
shall be open and public, and that said board shall at said sittings hear
all persons desiring to be heard on the question of benefits accruing to
any piece of property against which special taxes are to be assessed and
the amount proposed to be assessed. After the sittings have been concluded
and after all persons desiring to beheard have been heard the Board of
Equalization and Review shall consider the arguments presented and shall
make such corrections in the proposed list of special taxes as it may
consider just and equitable. Such corrections may eliminate one or more
pieces of property or may decrease the amount of the special taxes proposed
to be assessed against any piece of property, but may not increase the
amount of any proposed assessment without the giving of new notice and the
holding of a new hearing. After such corrections shall have been made,
said board shall enter its finding that no proposed special tax on the
corrected assessment list exceeds the benefit to be derived from the im-
provement by the piece of property to be specially taxed and that no piece
7
of property so listed will bear more than its proportionate share of the
cost of such improvement, and shall make its report to the Board of Com-
missioners of Salt Lake City in the manner provided by Section 10-7-40,
Utah Code Annotated 1953, whereupon said fioard of Commissioners may proceed
with the levy of such taxes.
Sec. 39-3-1(4). That this ordinance shill immediately after its
adoption and approval be deposited in the office of the City Recorder of
Salt Lake City and published once in the Deseret News aR Salt Lake
Telegram, a newspaper published within the corporate limits of Salt Lake
City.
SECTION 2. In the opinion of the Board of Commissioners, it is
necessary to the peace, health and safety of the inhabitants of Salt Lake
City that this ordinance shall become effective immediately.
SECTION 3. This ordinance shall take effect upon its first publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
19th day of February , 1958.
C' Reeoxde
( S E A L )
BILL NO. 7 of 1958
Published February 21st, 1958
NOTICE TO THE OWNERS OF PROPERTY
ABUTTING ON THE FOLLOWING STREETS:
(Here insert streets and portions thereof
to be improved)
NOTICE is hereby given that the undersigned have been ap-
pointed to act as the Board of Equalization and Review to hold
the hearing required by law on the question of the special
assessments to be levied on the property within Curb and Gutter
and Sidewalks Special Improvement District No. , of the City
of Salt Lake, Said district comprises the following described
territory:
(Here insert legal description)
Lists of the property in said district have been completed
and are available for public inspection in the office of the
City Engineer of said City. Said lists show the description of
all blocks, lots, parts of blocks and lots, lands and real estate
bounding, abutting or adjacent to the improvement to be made within
said district and the amount of the proposed assessment to be
each
levied against/such block, lot, part thereof or parcel of land of
real estate.
Said Board of Equalization and Review will meet in the City
and County Building of Salt Lake City on the following three or
more consecutive days from 8:30 A.M. to 5:00 P.M. the
usual business hours in said city: - 1958.
During that time said lists will be open to public inspection
and any person feeling aggrieved will have a hearing on (1) the
question of benefits accruing to any piece of property against
which special taxes are proposed to be assessed and on (2) the
amount so proposed to be assessed. After the hearings have been
concluded, and after all persons desiring to be heard have been
heard, said Board of Equalization and Review will consider the
arguments presented and will make such corrections in the proposed
list of special taxes as it may consider just and equitabl e. Such
corrections may eliminate one or more pieces of property or may
decrease the amount of special taxes proposed to be assessed
against any piece of property, but will not increase the amount
of any proposed assessment unless a new notice is given and a
new hearing held.
Every person whose property is liable to be assessed and who
fails to appear before such Board of Equalization and Review and
to make any and every objection he may have to the levy of such
special taxshall be deemed to have waived all and any objection
to such levy except the objection that the governing body failed
to obtain jurisdiction to order the making of the improvement to
pay the costs and expense for which such tax is to be levied.
The improvements to be made to the aforementioned streets
are as follows:
(Here insert improvements to be made)
The special taxes to be so levied will be payable in whole
within fifteen ¢lays after the ordinance levying the same becomes
effective or, at the option of the taxpayer, in 10 equal
annual installments as may be provided in said levying ordinance, ***
with interest at not to exceed 7 per cent per annum until
due and at the rate of 10% per annum thereafter, payable annually,
the first such installment to be payable within fifteen days
after the effective date of such ordinance.
GIVEN this day of , 1958.
CURB and GUTTER and SIDEWALK. SPECIAL IMPROVEMENT DISTRICT
No. of the City of Salt Lake.
City Recorder
First Publication
Last Publication
*** as to paving, and in five equal annual installments as may he
provided in said levying ordinance as to sidewalks, curbing
and guttering,
Affidavit of Publication
STATE OF UTAH,
rt ss.
County of Salt Lake
D. M. Ockey
Being first duly sworn, deposes and says that he is legal advertising
clerk of the DESERET NEWS AND SALT LAKE TELE-
GRAM, a daily except Sunday) newspaper printed in the Eng-
lish language with general circulation in Utah, and published in
Salt Lake City, Salt Lake County, in the State of Utah.
That the legal notice of which a copy is attached hereto
Salt Lake City Bill No 7 of 1958,
An Ordinance amending Sec:39-3-1 with respect
to activity of Board of Egalizatidm and the levy
of special taxes.
was published in said newspaper on February 21, 1958.
Avg
Legal Advertising Clerk
Subscribed and sworn to before me this 24th day of
February A.D. 19 58 -----7
�� ). /Z,
Notary Public
My Commission Expires
1\1 Y...?z,..196/....
7
Legal Notices
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1t0 ill
AN ORDINANCE. u d l held �s S c
AN ORDINANCE AMEND1NC 1953 if to 1 ( Annotated
d
Section 3934 of the Rm....O li• i l c Its.t said boo. shun
minces f``Salt Lake City. 955, at sold sittings 1 ill tsetse.
bl hA y Cq Il d I4 le -on 1 t 1 I I thi
Ievy ifftIIIIII l taxes
un I. I Piece f against
which
nh
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:
- _I v the dies A t . t- hove
1 I-S 1f'b lt0h-V sl Ulh I concluded d- -1 <
Code AJ h LoveAnnotated. d omen. heard Mr HOOld of F1 a
the manner in
n s d h Mall such K Is t0 Ue e Me 1111,10,111iS niece/deo clot
h floc Lt n e seta,,i the uV
NOW FO1 ba'f i POOL, IIst ( t (as
It
dfinedb-the Ad C.stone,:s 13311 Lake City, as iids I t H ClI'll`Such estimations MAK e
. tilen t of the
I- `IECPVON I
Th S :t0 I S assessed n+l a too be
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Cit.,
1955, L amended tobut Ithe
was
S. 'IP -1 E d f Reetal'ea £ I its ICl n
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hot hots o all f the sent Is shall have been;10de,twin hoots(
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same` e comected
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of Commissioners th
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t a cock ,an postage a s
t 1 land b_oIt ''
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d)_ That this rdLa
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aid affected r1Qte litn...hodt seithin 510l 1_alse ht_IIe col-
located... d I C nP � of of
1 t .t I t I I t 1 e SECTION h
he so nl B a 1'o
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n[ -I en 'afat f the inhabitants f Salt
t 1 ctI t I tl_ It Lak PpUC Hutt !n puce
See..I9-d 1(LI li. a Idt oo 'hll became eff nceti-
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1 t 1 d I. Section
shall take effect This todlnan ce
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n that
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1 than soul t l •I o no �,� h the boats, f Coin
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be hsaessed ohm. d
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fie
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the tlists 14
all he
town.. le..ad mesh..,aiiles.
n
vui let,
7