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HomeMy WebLinkAbout127 of 1987 - Declaration of Intention to construct Improvements to Curb and Gutterg'S--7-( D37151 RaSoiAAitkv\ I2,-71 19fi7 Salt Lake City, Utah October 22, 1987 A special meeting of the City Council (the "Council") of Salt Lake City, Salt Lake County, Utah (the "Municipality") was held on Thursday, the 22nd day of October, 1987, at the hour of 6:00 p.m., at the regular meeting place of said Council at which meeting there were present and answering roll call the following members who constituted a quorum: Roselyn N. Kirk Chairperson Florence Bittner Vice Chairperson Grant Mabey Councilmember Tom Godfrey Councilmember W.M. "Willie" Stoler Councilmember Earl F. Hardwick Councilmember Also present: Absent: Sydney Reed Fonnesbeck Councilmember Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Thereupon the following proceedings, among others, were duly had and taken: D37151 1 102087 Councilmember Stoler introduced the following resolution in writing, which was read by title, and moved its adoption: RESOLUTION NO. 127 of 1987 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, STATE OF UTAH, TO CONSTRUCT IMPROVEMENTS ON CERTAIN STREETS WITHIN SAID MUNICIPALITY CONSISTING OF MODIFICATIONS TO CURB AND GUTTER, SIDEWALKS AND DRIVE APPROACHES; STORM DRAINAGE; UTILITY RELOCATIONS; TRAFFIC LANES; STREET TREES; SOD AND TOPSOIL AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER WORKMANLIKE MANNER; TO CREATE SALT LAKE CITY, UTAH, SPECIAL IMPROVEMENT DISTRICT NO. 38-826; TO DEFRAY THE COST AND EXPENSES OF SAID IMPROVEMENT DISTRICT BY SPECIAL ASSESSMENTS TO BE LEVIED AGAINST THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; AND TO PROVIDE NOTICE OF INTENTION TO AUTHORIZE SUCH IMPROVEMENTS AND TO FIX A TIME AND PLACE FOR PROTESTS AGAINST SUCH IMPROVEMENTS OR THE CREATION OF SAID DISTRICT; AND TO AUTHORIZE ADVERTISEMENT OF CONSTRUCTION BIDS. BE IT RESOLVED by the Mayor and City Council (the "Council") of Salt Lake City, Salt Lake County, Utah (the "Municipality"): Section 1. The Council of the Issuer hereby determines, that it will be in the best interest of said Municipality to make improvements that will include modifications to curb and gutter, sidewalks and drive approaches; storm drainage; utility relocations; traffic lanes; street trees; sod and topsoil and other necessary improvements and modifications to complete the whole according to the preliminary design plans on file in the Office of the City Engineer of the Issuer. The proposed D37151 2 102087 district is more particularly described in the Notice of Intention to construct the proposed improvements hereinafter set forth. Section 2. The proposed district shall be known as "Salt Lake City, Utah, Special Improvement District No. 38-826 (the "District"). Section 3. The cost and expenses of the proposed improvements shall be paid by a special tax to be levied against the property fronting or abutting upon or located within the District to be improved or which may be affected or specially benefited by any of such improvements, such tax to be paid in not more than ten (10) equal annual installments with interest on the unpaid balance until due and paid. Section 4. Written protests against the proposed improvements or against the creation of said District must be presented and filed in the Office of the City Recorder of the Issuer (the "City Recorder") on or before the hour of 5:00 p.m. on Monday, the 7th day of December, 1987. Thereafter at 6:00 p.m. on Tuesday, the 8th day of December, 1987 at the temporary City Council's Chambers at 324 South State Street, Salt Lake City, Utah, any such protests shall be heard and considered by the Council. The City Recorder is hereby directed to give notice of intention to make the proposed improvements and of the time within which protests against the proposed improvements or the creation of the D37151 3 102087 District may be filed and the date when such protests will be heard and considered by publishing notice of intention to create the District in the Deseret News, a newspaper of general circulation in said Municipality, said notice to be published four times, once during each week for four consecutive weeks, the last publication to be not less than five (5) nor more than twenty (20) days prior to the time fixed in the notice as the last day for the filing of protests. In addition, the City Recorder shall mail a copy of such notice by United States Mail, postage prepaid, to each owner of land to be assessed within the proposed District at the last known address of such owner, using for such purpose the names and addresses of said owners appearing on the last completed real property assessment rolls of the Issuer, and in addition, a copy of such notice shall be mailed, postage prepaid, addressed to "Owner" at the street number of each piece of improved property to be affected by the assessment, said notices to be so mailed not later than ten (10) days after the first publication of the Notice of Intention. Said Notice shall be in substantially the following form: D37151 4 102087 NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 22nd day of October, 1987, the City Council (the "Council") of Salt Lake City, Salt Lake County, Utah (the "City"), adopted a resolution declaring its intention to create the Salt Lake City, Utah, Special Improvement District No. 38-826 (the "District"). It is the intention of the Council to make street improvements within the District and to levy special assessment taxes as provided in Chapter 16, Title 10, Utah Code Annotated 1953, as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the making of such improvements. DESCRIPTION OF DISTRICT The District covers property abutting the following streets in Salt Lake City: 1. Federal Heights Drive from North Campus Drive to Virginia Avenue 2. Fort Douglas Circle - East of Federal Heights Drive 3. Federal Heights Circle - Northeast of Federal Heights Drive 4. Fairfax Circle - North of Federal Heights Drive 5. Alta Circle - East of Alta Street 6. Fairfax Road from Alta Street to Virginia Avenue 7. Alta Street from Federal Heights Drive to Fairfax Road A map of the District, a list of property owners and the proposed assessment rate for each property is available for review in the City Engineer's Office at 444 South State Street, Salt Lake City, Utah 84111. D37151 5 102087 DESCRIPTION OF IMPROVEMENTS The proposed improvements include modifications to curb and gutter, sidewalks and drive approaches; storm drainage; utility relocations; traffic lanes; street trees; sod and topsoil and all other necessary improvements to complete the whole project according to preliminary plans on file in the office of the Salt Lake City Engineer. The cost of the improvements will be assessed to property owners whose property is benefitted by the improvements. All nonconforming improvements such as lawns, sprinkling systems, rock gardens, driveways, curbs and gutters, culverts, walks, fences, trees, shrubs, bushes, etc., which have been built or installed by abutting property owners within the area to be improved, must be removed by the property owners at their expense prior to the commencement of the project. If these improvements are not removed by the property owners, they will be removed and disposed of by the City's contractor as directed by the Engineer. D37151 6 102087 BASIS FOR ASSESSMENT Cost sharing in a special improvement district is based upon benefits received. In this District benefits to some significant degree accrue to many properties which do not abut the improvements. For this reason all properties which are benefitted within the District will be assessed. The rate for some properties is greater than the rates for other properties reflecting the difference in value of the benefits resulting from the improvements. All properties along Federal Heights Drive benefit equally from neighborhood identity, street improvements, slower traffic speed and perhaps reduced traffic flow even though the changes are contemplated only in front of several properties. Traffic speed and flow reduction will make the street less noisy and safer for pedestrians. Any property fronting on, or with a side yard abutting Federal Heights Drive will be assessed under Rate 1. Any corner lot included in the Rate 1, Federal Heights Drive category will not be included under any other rate, so that there is no duplication of rates or assessments. All properties abutting Fort Douglas Circle, Federal Heights Circle, Fairfax Road, Fairfax Circle, Alta Street and Alta Circle benefit from neighborhood identity, the entrance treatment and street improvements at intersections. These properties will be assessed either at Rate 2 or Rate 3 D37151 7 102087 except for corner lots which will be included in Rate 1 because they also abut on Federal Heights Drive. IMPROVEMENTS AND ESTIMATED COSTS The total cost of improvements in said proposed District as estimated by the City Engineer is $339,921.00, to be paid by a special assessment to be levied against the property abutting the streets to be improved and upon property which may be affected or specifically benefited by such improvements. The estimated improvement costs include a ten percent (10%) allowance for construction contingencies and an allowance of approximately fifteen percent (15%) of the base amount to be assessed for administrative costs, engineering, legal and other costs including the cost of,issuance of the Bonds. The property owners' portion of the total estimated cost of the improvements may be financed during the construction period by the use of interim warrants. The interest on the warrants will be included in the costs to be assessed to the property owners. The estimated cost to be assessed against the properties within the District shall be as follows: D37151 8 102087 Estimated Total No. Costs to Rate Location of Lots Estimated Benefitted No. (Improvement) Benefitted Cost/Lot Lots 1. Federal Heights Dr. (Feature walls, traffic islands, landscaping, curb, gutter, sidewalk, drainage, street lights) 2. Fort Douglas Circle Federal Heights Circle Fairfax Circle (Feature walls, traffic islands, landscaping, curb and gutter) 58 $4,917.25 $285,200.00 34 1,096.94 37,296.00 3. Alta Street Alta Circle Fairfax Road (Feature walls, traffic islands, landscaping) 16 1,089.06 17,425.00 Total Estimated Cost of Project $339,921.00 The abutting property owners' estimated cost of improvements and interim funding is as followss A. Estimated cost of improvements including engineering and administration of District $305,928.00 B. Estimated cost of interim financing of the abutters portion 33,993.00 Total Estimated Assessments $339,921.00 D37151 9 102087 ASSESSMENTS AND LEVY OF TAXES It is the intention of the Council to levy assessments as provided by the laws of the State of Utah on all parcels and lots of real property within the District benefiting from the improvements. The purpose of the assessments and levy is to pay the costs of the subject improvements. The method of assessment shall be by lot as set forth herein. Assessments may be paid by property owners in ten (10) equal annual principal installments plus interest on the unpaid balance at a rate or rates fixed by the City Treasurer. The whole or any part of the assessment may be paid without interest within fifteen (15) days after the ordinance levying the assessment becomes effective. The assessment shall be levied according to the benefits to be derived by each property owner within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 16, Title 10, Utah Code Annotated 1953, as amended. Copies of the proposed District and copies of the preliminary design plans of the proposed improvements and other related information are on file in the office of the City Engineer who will make such information available to all interested persons. D37151 10 102087 TIME FOR FILING AND CALCULATING PROTESTS Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file in writing a protest against the creation of the District or to make any other objections relating thereto. Protests shall describe or otherwise identify the property and the person or persons making the protest. Protests shall be filed with the City Recorder, on or before 5:00 p.m. on Monday, the 7th day of December, 1987. No written protest will be considered if it is received by the City Recorder later than this protest filing deadline. Thereafter at 6:00 p.m. on Tuesday, the 8th day of December, 1987, the Council will meet in public meeting at the temporary City Council Chambers at 324 South State Street, Salt Lake City, Utah, to consider all protests so filed and hear all objections relating to the proposed District. The protest rate shall be determined by totalling the estimated cost per lot of the property owners filing written protests and dividing it by the total estimated cost to be assessed of all property owners to be assessed within the proposed District. The Council will rescind its intention to create the District and the project will not proceed if the total estimted cost for properties of owners submitting written objections is fifty percent (50%) or more of the total estimated cost in the District. D37151 11 102087 BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH /s/ Kathryn Marshall City Recorder Published in the Deseret News. D37151 12 102087 Section 5. The City Engineer is hereby authorized to prepare a notice which calls for bids for the construction of improvements contemplated to be made in the District, and the City Recorder is hereby authorized to publish the Notice to Contractors calling for bids at least one time in the Deseret News, a newspaper of general circulation in the Municipality, at least fifteen (15) days before the date specified in the notice for the receipt of bids. No action will be taken on the bids until and unless the District is created after the Hearing on January 5, 1988. Councilmember Mabey seconded the motion to adopt the foregoing resolution. The motion and resolution were unanimously adopted on the following recorded vote: Those voting AYE: Roselyn N. Kirk Grant Mabey Florence Bittner Tom Godfrey W.M. "Willie" Stoler Earl F. Hardwick Those voting NAY: None D37151 13 102087 After the conduct of other business not pertinent to the above the meeting was, on motion duly made and seconded, adjourned. VA.AL) Chairperson ( S E A L ) D37151 14 102087 STATE OF UTAH SS. COUNTY OF SALT LAKE I, Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah (the "Municipality"), do hereby certify as follows: 1. That the foregoing typewritten pages constitute a full, true and correct copy of the record of proceedings the City Council taken at a special meeting thereof held of in said Municipality on October 22, 1987, at the hour of 6:00 p.m., insofar as said proceedings relate to the consideration and adoption of a resolution declaring the intention of the City Council to create Salt Lake City, Utah, Special Improvement District No. 38-826, and make certain improvements therein described as the same appears of record in my office; and that the proceedings were in fact held as in said minutes specified. 2. That due, legal and timely notice of said meeting was served upon all members as required by law and the rules ordinances of said Municipality. 3. That the above resolution was deposited in my office on October 22, 1987, has been recorded by me, and is a part of the permanent records of the Municipality. and D37151 15 102087 IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of said Municipality this day of October, 1987. Cy Recorder [ SEAL] D37151 16 102087 STATE OF UTAH COUNTY OF SALT LAKE AFFIDAVIT OF MAILING ss. NOTICE OF INTENTION I, Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the attached Notice of Intention was approved and adopted in the proceedings of the City Council had on Tuesday, the 22nd day of October, 1987. I further certify that on theD4"iay of , 1987 (a date not later than ten (10) days after the first publication of the Notice of Intention) I mailed a true copy of the Notice of Intention to create Salt Lake City, Utah, Special Improvement District No. 38-826 (the "District") by United States Mail, postage prepaid to each owner of land to be assessed within the proposed 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 Salt Lake County, and in addition I mailed on the same date a copy of said Notice of Intention addressed to "Owner" addressed to the street number of each piece of improved property to be affected by the assessment. I further certify that a certified copy of said Notice of Intention together with profiles of the improvements and a map of the proposed District, was on file in my office for inspection by any interested parties. D37151 17 102087 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate County, Utah this [ S E A L seal of said Salt Lake City, Salt Lake y of October, 1987. a-t."4.a„ ty Recorder D37151 18 102087 (Affidavit of proof of publication of the Notice of Intention to create Salt Lake City, Utah, Special Improvement District No. 38-826.) D37151 19 102087 STATE OF UTAH COUNTY. OF SALT LAKE ) : SS ) CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, (the "Municipality") do hereby certify: (a) that in accordance with the requirements of Section 52- 4-6(1), Utah Code Annotated 1953, as amended, public notice of the 1987 Annual Meeting Schedule of the City Council (the "Council") of the Municipality was given, specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year 1987, by causing a Notice of Annual Meeting Schedule for the Council to be posted on January 2, 1987, at the temporary office of the Council at 324 South State Street, Salt Lake City, Utah; said Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during regular office hours at 324 South State Street until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on January 2, 1987, to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent; (b) that in accordance with the requirements of Section 52- 4-6(2), Utah Code Annotated 1953, as amended, public notice of the special meeting of the Council on D37151 20 102087 October 22, 1987, was given by specifying in a Notice of Special Meeting the agenda, date, time and place of the October 22, 1987 Council Meeting and by causing the Notice of Special Meeting to be posted at the temporary office of the Council at 324 South State Street in Salt Lake City, Utah, on the 21st day of October, 1987, a date not less than 24 hours prior to the date and time of the October 22, 1987 special meeting; said Notice of Special Meeting having continuously remained so posted and available for public inspection during the regular office hours at 324 South State Street until the date and time of the October 22, 1987 special Council meeting; and causing a copy of the Notice of Special Meeting to, be provided on October 21st, 1987, to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent. IN WITNESS WHEREOF, I have hereunto set my affixed the official seal of the Municipality thi\'day of October, 1987. [ S E A L ] hand and D37151 21 102087