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30 of 1979 - A RESOLUTION CREATING THE SALT LAKE CITY, SALT LAKE COUNTY, NORTH POINT SPECIAL IMPROVEMENT DISTRICT !,Tay 17, 1171 Honorable Jennings Phillips, Jr. Commissioner of Public Affairs and Finance 211 City and County Building Salt Lake City, Utah Dear Commissioner Phillips: The Board of City Commissioners, at its meeting today, passed Resolution No. 30 of 1979, creating the Salt Lake City, Salt Lake County, North Point Special Improvement District, Watermain Extension 35-4012 and authorizing City officials to proceed with the construction of improvements described in the notice of intention to create the district. Yours truly, :+sP.,1 City Recorder n ' me CC: Attorney Auditor Engineering Public Utilities Treasurer Files-2 /a r Salt Lake City, Utah May 17, 1979 A regular meeting of the City Commission of Salt Lake City, Salt Lake County, Utah, was held on Thursday, May 17, 1979, at the hour of 10:00 a.m. at the regular meeting place of said Commission in the City Commission Chambers, City Office Building, Salt Lake City, Utah, at which meeting there were present and answering to roll call the following members who constituted a quorum: Ted Wilson Mayor Glen N. Greener Commissioner Jennings Phillips, Jr. Commissioner Jcxxax yaactuubscsimeat David C. Campbell Commissioner Also present: Mildred V. Higham City Recorder Absent: Jess A. Agraz Commissioner Thereupon the following proceedings, among others, were duly had and taken: The City Recorder notified the City Commission that the Notice of Intention to create the Salt Lake City, Salt Lake County, North Point Special Improvement District, Watermain Extension 35-4012 authorized by the Resolution adopted by the City Commission on the 22nd day of March, 1979, and subsequently amended on the 10th day of April, 1979, had been published in the Deseret News, a newspaper published in said City and having general circulation therein, said Notice having been published four times, once during each week for four consecutive weeks, the last publication being not less than five (5) nor more than twenty (20) days prior to May 16, 1979, and that the affidavit of publishing said Notice of Intention with a copy of the Notice as published, was duly filed in her office; also that a copy of such Notice of Intention to create said Special Improvement District has been mailed by United States Mail, postage prepaid, to each owner of land affected by or specially benefited by such improvements as said property is described in said Notice insofar as the names and addresses of said owners could be ascertained from the most recent available county assessment books and that it also has been mailed by the United States Mail, postage prepaid, to "Owner" at the street number of each piece of improved property to be affected by said assessment, said Notices having been mailed not later than ten (10) days after the first publication of the Notice of Intention; that the original and amended Notice of Intention has been on file in her office during all regular office hours from the 10th day of April, 1979, to the 17th day of May, 1979, for the examination of any interested parties; that said Notice directed that all persons desiring to protest and oppose the creation of said proposed Salt Lake City, Salt Lake County, Utah North Point Special Improvement District, Watermain Extension 35-4012 might appear and file in writing said protests and objections. The City Recorder stated that one written protest against the creation of said Special Improvement District and the making of the proposed improvements therein was received by her in her office by 5:00 p.m. on the 15th day of May, 1979. Carl R. Child, the property owner who submitted the written protest, was present in person at the protest hearing held May 16, 1979. He explained that he was unsure whether he would be assessed for the water main extension in as much as his property was situated within the boundaries of the -2- Improvement District. Mr. F. David Stanley, who had not filed a written protest, made inquiry during said protest hearing as to whether certain other property in which he had an interest would be assessed for the water main extension. In response to these questions it was explained that only the parcel of real property actually served by the water main would be assessed even though the district included all of the property along which the new water main will be constructed. No owner of property to be assessed submitted a written protest by the 5:00 p.m. May 15, 1979 deadline nor appeared to protest orally at the hearing on May 16, 1979. After consideration of all matters brought to the attention of the Commission by persons making protests and others having an interest in the project, the following resolution was considered by the Commission upon introduction by Commissioner Glen_N_ Greener who moved its adoption. RESOLUTION NO. 30 A RESOLUTION CREATING THE SALT LAKE CITY, SALT LAKE COUNTY, NORTH POINT SPECIAL IMPROVEMENT DISTRICT, WATERMAIN EXTENSION 35-4012 AND AUTHORIZING CITY OFFICIALS TO PROCEED WITH THE CONSTRUCTION OF IMPROVEMENTS DESCRIBED IN THE NOTICE OF INTENTION TO CREATE THE DISTRICT. BE IT RESOLVED by the Board of Commissioners of Salt Lake City, Salt Lake County, Utah: Section 1. It is hereby determined by the Board of Commissioners of Salt Lake City, Utah that it is in the best interest of said City to proceed with the creation of Salt Lake City, Salt Lake County, North Point Special Improvement District, Watermain Extension 35-4012 and to construct the improvements identified and described in the Notice of Intention concerning said Improvement District, which Notice has been published and mailed as required by law. -3- Section 2. The Commission has heretofore considered each and every protest filed and has heard each and every person who wished to be heard in protest against the creation of said District or making of any of the improvements therein or on any other matter pertinent to said Improvement District. Section 3. The improvements proposed and described in the Notice of Intention to create said Improvement District are hereby approved, and Salt Lake City, Salt Lake County, North Point Special Improvement District, Watermain Extension 35-4012 is hereby created. The City officials of Salt Lake City are hereby directed to proceed to receive bids from contractors for the construction of the improvements specified in the Notice of Intention and in the plans and specifications for this District. The bids when received shall be presented to the Commission for consideration and the awarding of a construction contract. Section 4. Only the parcels of real property within said Improvement District which presently will receive water and be benefited by the watermain extension shall be assessed for the cost thereof. All other real property within said Improvement District shall not be assessed. Section 5. Title to the watermain which shall be constructed pursuant to the Notice of Intention, shall be retained by Salt Lake City which shall control the watermain as the owner thereof. The resolution was thereupon put to a vote and adopted as follows: -4- Those voting AYE: Ted L. Wilson Glen N. Greener Jennings Phillips, Jr. Jess A. Agraz (ABSENT) David C. Campbell Those voting NAY: None Thereupon, the motion was approved by the Mayor and made a matter of record by the Recorder. ADOPTED AND APPROVED this 17th .. .f May, 1979. // / r ATTEST: City Recor er (S E A L) -5- After the conduct of other business not pertinent to the above, the motion was made, seconded, and carried for the meeting to be adjourned. Ma or ATTEST: City Recorder (S E A L) -6- STATE OF UTAH : ss. COUNTY OF SALT LAKE ) I, Mildred V. Higham, the duly appointed, qualified, and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows: That the foregoing pages constitute a full, true and correct copy of a resolution adopted by the City Commission of Salt Lake City, Utah, at its regular meeting held on May 17, 1979, insofar as said proceedings relate to the creation of Salt Lake City, Salt Lake County, Utah, North Point Special Improvement District, Watermain Extension 35-4012 as the same appears of record in my office. I personally attended said meeting, and the proceedings were in fact as specified in said minutes. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 17thday of May, 1979. ityecor er */-7 (S E A L) -7- STATE OF UTAH ) CERTIFICATE OF COMPLIANCE ss. WITH OPEN MEETING LAW COUNTY OF SALT LAKE ) I, Mildred V. Higham, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the 16th day of May, 1979, pursuant to Utah Code Annotated Section 52-4-6 (1953), as amended, there was posted (at least 24 hours prior to the meeting time) on the bulletin board provided for such pruposes in the Salt Lake City and County Building written notice of the regular meeting of the City Commission held on May 17, 1979 at said Chambers, together with the proposed agenda thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this 17th day of May, 1979. l O � City Recor er (S E A L) -8- Resolution No. 30 By_Glen N. Greener COMMISSIONER Creating the Salt Lake City, Salt Lake County, North Point Special Improve- ment District, Watermain Extension 35-4012 and authorizing City officials to proceed with the construction of improvements described in the notice of intention to create the district. Presented to the Board of Commissiener; AND PASSED MAY 1 7 197'; 1 1rlr of rx," • � I