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HomeMy WebLinkAbout002 of 1989 - Board of Equalization appointment to review 900 West Street repairs• BD6650 laqi) tt*67,6-0— Salt Lake City, Utah January 3, 1989 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, the 3rd day of January, 1989, at the hour of 6:00 p.m. at the regular meeting place of said City Council, at which meeting there were present and answering roll call the following members who constituted a quorum: W. M. "Willie" Stoler Chairperson Thomas M. Godfrey Councilmember Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Alan Hardman Councilmember Sydney Reed Fonnesbeck Councilmember Florence Bittner Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: None After the conduct of other business not pertinent to the following, the Chairperson stated that the City Engineer has prepared the assessment rolls for Salt Lake City, Utah 900 West Street Curb and Gutter Extension Special Improvement District No. 38-757 (the "District") for action and consideration by the Board of Equalization and Review and by the City Council, which assessment rolls are on file in the Office of the City Recorder and available for inspection by any interested property owner. Thereupon, Councilmember Horrocks introduced the following resolution in writing which was read in full and moved its adoption: RESOLUTION NO. 2 OF 1989 A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH APPOINTING A BOARD OF EQUALIZATION AND REVIEW FOR SALT LAKE CITY, UTAH 900 WEST STREET CURB AND GUTTER EXTENSION SPECIAL IMPROVEMENT DISTRICT NO. 38-757; SETTING THE DATES FOR THE BOARD OF EQUALIZATION TO HEAR AND CONSIDER OBJECTIONS AND CORRECTIONS TO ANY PROPOSED ASSESSMENTS; AUTHORIZING THE CITY RECORDER TO PUBLISH AND MAIL A NOTICE OF MEETINGS OF SAID BOARD OF EQUALIZATION AND REVIEW; AND RELATED MATTERS. WHEREAS, the City Council of Salt Lake City, Utah (the "Council") adopted a Notice of Intention to create the Salt Lake City, Utah 900 West Street Curb and Gutter Extension Special Improvement District No. 38-757 (the "District") on January 13, 1987 and published said Notice on February 3, 10, 17 and 24, 1987; and WHEREAS, in accordance with the Notice of Intention and after giving notice as required by statute, a hearing was held before the Council on March 10, 1987; and BD6650 -2- WHEREAS, prior to and at the hearing, persons having an interest in the District were allowed to protest the creation thereof; and WHEREAS, protests against the creation of the District were heard, and on March 17, 1987, the Council created the District as set forth in the Notice of Intention; and WHEREAS, the City Engineer has prepared the proposed assessment roll for the District and the Council desires to establish a board of equalization and review for the purpose of considering any objections and corrections to said assessment roll: NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Salt Lake City, Utah as follows: Section 1. A Board of Equalization and Review, as required by law, for the District (the "Board") is hereby appointed, consisting of the following City staff personnel: City Recorder or designee City Engineer or Public Works Director City Attorney or designee City Treasurer or designee Section 2. The Board shall sit as a Board of Equalization and Review on the special assessment proposed to be levied and assessed on the property within the District in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah, on February 14, 1989 between the hours of 3:00 p.m. and 4:00 BD6650 -3- p.m., on February 15, 1989 between the hours of 4:00 p.m. and 5:00 p.m., and on February 16, 1989 between the hours of 6:00 p.m. and 7:00 p.m. to hear and consider any objections to and make corrections of any proposed assessments which the Board may deem unequal or unjust. Section 3. The City Recorder is hereby authorized and directed to publish and mail, as provided by law and the ordinances of the City, a notice of meeting of the Board, said notice to be in substantially the following form: BD6650 -4- NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that the assessment list for Salt Lake City, Utah 900 West Street Curb and Gutter Extension Special Improvement District No. 38-757 (the "District") created by the City Council in pursuance to a notice of intention heretofore published and mailed to all property owners to be affected in the District has now been completed and is available for examination at the office of the City Engineer. Four members of the City staff personnel have been duly appointed to act as the Board of Equalization and Review on the assessment proposed to be levied on the property within the District. The members of said City staff personnel sitting as a Board of Equalization and Review on the assessment proposed to be levied on the property within the District will meet in the City Engineering Office Conference Room at 444 South State Street, Salt Lake City, Utah on February 14, 1989 between the hours of 3:00 p.m. and 4:00 p.m., on February 15, 1989 between the hours of 4:00 p.m. and 5:00 p.m., and on February 16, 1989 between the hours of 6:00 p.m. and 7:00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments which the Board may deem unequal or unjust. On each of the dates specified above, the assessment list and plats and amounts of the proposed assessment against each parcel of property shall be open to public inspection continuously from 8:00 a.m. to 5:00 p.m. at the office of the City Engineer of Salt Lake City, Utah. The boundaries of the District are as follows: The District will be bordered on the north by 1300 South Street; on the south by 2100 South Street; on the west by 1000 West Street; and on the east by 800 West Street. The Area involved includes property abutting both sides of 900 West with the boundaries of the District as detailed on Salt Lake City Atlas Survey Plat Nos. 2, 8, 12, 15 and 5 Acre Plat B No. 5, and as further described on Salt Lake County Property Sidwell Maps Numbers 15-11-41, 15-14-21 and 15-14-41. Abatement of Assessments. Assessments shall be equal and uniform according to the benefits and improvements received; however, when the owner of a residence abutting the required improvements shall have a combined family income at or below the "Very Low Income Household" BD6650 -5- guidelines established by the Department of Housing and Urban Development in its "Income Limits for Housing and Community Development, Section 8 Program for Salt Lake City and Ogden, Utah SMSA", as amended from time to time, the entire cost of replacement may be paid by the City, subject to the availability of funds. In order for the above income guidelines to become effective for the purposes of this section, the City must receive notice of such amendment and same must be adopted by the Mayor by executive action. "Very Low Income Household" means a household whose income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. Such owner must file an application therefor with the City, in order for the payment required to be abated. The abatement of assessments will only apply for owner occupied single family residences. All other abutting properties will be assessed in accordance with the Notice of Intention. The property owners will be required to submit documentation of their income to the City for an evaluation for an abatement. This information would be submitted for review not less than ten (10) days before the time of the Board of Equalization hearings for the District. These abatements will be on an annual basis. The property owner will have to provide income information yearly, at the time of assessment billing, for the abatement to be extended. PASSED AND ADOPTED by the City Council of Salt Lake City, Utah, this 3rd day of January, 1989. /s/ Kathryn Marshall City Recorder ( S E A L ) BD6650 -6- 4 Section 4. The City Recorder is hereby directed to enter the foregoing proceedings upon the records of Salt Lake City, Utah (the "City") and to cause notices to be published in one issue of the Deseret News, a newspaper published in the City and having general circulation therein, the publication to be at least twenty (20) and not more than thirty-five (35) days prior to the date on which the Board of Equalization and Review will begin hearings. not A copy of the notice set forth in later notice, be than ten (10) days after mailed, postage prepaid, to Section 3 above shall publication of such 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 of improved property to be affected by the assessment. BD6650 -7- After due consideration of said resolution by the City Council, Councilmember Godfrey seconded its adoption and the same was adopted by the following vote: AYE: W. M. "Willie" Stoler Thomas M. Godfrey Roselyn N. Kirk L. Wayne Horrocks Alan Hardman Sydney Reed Fonnesbeck Florence Bittner NAY: None ADOPTED AND APPROVED this 3rd day of Jan ii' y1989. ( S E A L) lA C-airperson BD6650 -8- (Other business was transacted.) Upon motion duly made, seconded and unanimous carried, the meeting was adjourned. h"a i fpe r' bn ( S E A L ) BD6650 -9- STATE OF UTAH SS. COUNTY OF SALT LAKE KATHRYN MARS!-' I, , the duly appointed, qualified and acting amplop City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the foregoing is a full, true and correct copy of the minutes of a regular meeting of the City Council of Salt Lake City held in the temporary City Council Chambers in Salt Lake City on Tuesday, the 3rd day of January, 1989, at the hour of 6:00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members were given due, legal and timely notice of said meeting as therein shown. I further certify that I delivered to the Deseret News, a newspaper published in said Municipality and having general circulation therein, a notice of meetings of the Board of Equalization and Review for Salt Lake City, Utah 900 West Street Curb and Gutter Extension Special Improvement District No. 38-757 for publication at least twenty (20) and not more than thirty-five (35) days prior to the date said Board will begin its hearings. BD6650 -10- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this 3rd day of January, 1989. ( S E A L ) BD6650 -11- STATE OF UTAH ss. MAILING CERTIFICATE COUNTY OF SALT LAKE I, Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that I mailed a copy of the Notice of meetings of the Board of Equalization and Review, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah 900 West Street Curb and Gutter Extension Special Improvement District No. 38-757, 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 in which the property is located, and, in addition, I mailed, postage prepaid, a copy of such Notice addressed to "Owner" at the street number of each piece of improved property to be assessed. Said Notices were mailed by me on .1AN 2 7 1989, that being not later than ten (10) days after the first publication of the Notice in the Deseret News as above certified. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this 3rd day of January, 1989. ty Recorder ( SEAL) 8D6650 -12- PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Notice of Meetings of the Board of Equalization and Review was published one time in the Deseret News. BD6650 -13- CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City"), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated, 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the January 3, 1989 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Exhibit "A", to be posted at the City 's temporary offices on December 30, 1988, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Exhibit "A", to be delivered to the Deseret News on December 30, 1988, at least twenty-four (24) hours prior to the convening of the meeting. BD6650 -14- IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 3rd day of J.nuary, 1989. y Recorder ( S E A L ) BD6650 -15- EXHIBIT "A" NOTICE OF MEETING BD6650 -16-