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05/22/1990 - Minutes PROCEINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 22, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, May 22, 1990, at 5:00 p.m. in Room 325, City Council Office, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Nancy Pace Don Hale Tom Godfrey Alan Hardman Councilmembers Harrocks and Kirk were absent. Mayor Palmer Depaulis, Roger Cutler, City Attorney, S.R. Kivett, Deputy Recorder, and Beverly Jones, Deputy Recorder, were present. Council Chair Hardman presided at and conducted the meeting. UNFINISHED BUSINESS: resolution to create Salt Lake City, Utah, Public Utilities #1. RE: A resolution District No. 50-1396, as described conditionally accepting a bid for in the Notice of Intention construction work and, subject to concerning the district and approval of the Department of authorizing the City officials to Public Utilities, authorizing proceed to make improvements as execution of a construction set forth in the Notice of contract with Noland & Son Intention to create the district. Construction Company Inc. for construction of improvements on ACTION: Councilmember God- certain streets within Salt Lake frey moved and Councilmember City, Utah, Public Utilities Whitehead seconded to close the District No. 50-1396 providing for public hearing, which motion construction of improvements carried, all members present voted consisting of sewer collector aye. pipelines and all other miscellaneous work necessary to Councilmember Godfrey moved complete the improvements; for and Councilmember Whitehead issuance of interim warrants and seconded to refer this item to for the addition of the interest Public Utilities for tabulation of thereon to assessable costs. the protests, which motion carried, all members present voted ACTION: Councilmember God- aye. frey moved and Councilmember Whitehead seconded to table the DISCUSSION: Vince Houtz, resolution until June 5, 1990, Public Utilities, said he had which motion carried, all members received protest letters from present voted aye. Robert J. Harrington, Mineral (Q 90-4) Services Incorporated, C.H. Dredge, and Jim Johnston. PUBLIC HEARINGS Councilmember Whitehead asked #1. RE: A public hearing at Mr. Houtz how much total footage 5:00 p.m. to receive public was involved in the district. comment and consider adopting a 90-194 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CI•, UTAH TUESDAY, MAY 22, 1990 Councilmember Hardman asked Mr. Doxey said there had been if the protest vote was figured on one occasion when the assessment the lineal footage or the was higher than the value of the individual protests. Council- property. He said an ordinance member Whitehead said it was based provided an alternative to that by on the lineal footage. using square footage and acreage of the property instead of lineal Mr. Houtz said he did not feet. have the figures totaled, but would do it during the protest Councilmember Whitehead asked hearing and then let the Council if what was before the Council now know if there were too many was based on lineal feet. protests to proceed with the improvement district. Mr. Doxey said because the service was by a closed community William Garff, from Mark B. sewer line, it could not Garff Construction Company, 2428 arbitrarily be determined by West 500 South, Salt Lake City, lineal footage. Utah 84104, said his reason for protesting was because the sewer Councilmember Whitehead said assessment of $14,000 to $15, 000 there was a question on the hookup would be a heavy financial burden. of the sewer line. He said the He said the property was raw people said they wanted to join ground with no current need for the district because it would be sanitary services, and only one cheaper to pay over ten years. He property owner in the March-Fulton said the policy was that within area had requested sewer service. 300 linear feet the property had to hook on, but there were Tom Polychronis, from Dunn exceptions made. He asked who Oil Company, 1901 South 300 West, determined if a property was Salt Lake City, Utah 84127, said required to hook on to the sewer he was totally in support of the line. creation of District 50-1396. Mr. Doxey said State law D. Randall Trueblood, provided that if they were within attorney for the A. Kyle Bettilyon 300 feet then Public Utilities Trust, said based upon a total could insist that they hook up. assessment to all property owners of $328, 577, the assessment to Councilmember Whitehead asked Bettilyon constituted 12% of the if City policy stated that in the total amount. He expressed his case where there were health opinion that this was not an equal reasons then hook up was or uniform assessment, and would mandatory, but if everything was impose a disproportionate and all right, it was not required. unfair tax burden to this property. Councilmember Pace asked what the difference in cost would be Councilmember Whitehead asked between the district versus the Tim Doxey, Public Utilities, if a property owners installing the situation had ever occurred where improvements on their own. the footage was long but very narrow and the assessment was Councilmember Whitehead said higher than the value of the the person would pay all the costs property. to have the sewer line installed 90-195 PROC)INGS OF THE CITY COUNCIL OF SALT LAKE CI*, UTAH TUESDAY, MAY 22, 1990 privately but only an assessed cost if done during an improvement district. He said a line had been installed and some of the property owners were within 300 feet so the law required them to hook on. Councilmember Pace said she thought the word was "could" hook on. Mr. Doxey said that was correct. He said the City could make the properties hook on but they usually did not unless there was a health reason. He also said that normally these projects were done by putting the costs into a refunding ordinance instead of improvement districts. This allowed the person who paid for the improvement to charge each property a per footage charge to recapture part of the cost. (Q 90-4) The meeting adjourned at 5:30 p.m. CULP"' - /Laik- COUNCIL CHAIR Agrr lier 04' ZUa44 CI Y -E ;' pER 90-196 SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER ROOM 325 CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, May 22, 1990 5:00 p.m. A. BRIEFING SESSION: B. OPENING CEREMONIES: C. COMMENTS: D. CONSENT: E. NEW BUSINESS: F. UNFINISHED BUSINESS: 1 . Resolution: Special Improvement District #50-1396 Consider adopting a resolution conditionally accepting a bid for construction work and, subject to approval of the Department of Public Utilities, authorizing execution of a construction contract with Noland & Son Construction Company, Inc. for construction of improvements on certain streets within Salt Lake City, Utah Public Utilities District No. 50-1396 providing for construction of improvements consisting of sewer collector pipelines and all other miscellaneous work necessary to complete the improvements; for issuance of interim warrants and for the addition of the interest thereon to assessable costs. (Q 90-4) Staff recommendation: Adopt. G. PUBLIC HEARINGS: 5:00 p.m 1 . Resolution: Special Improvement District #50-1396 Receive public comment and consider adopting a resolution to create Salt Lake City, Utah Public Utilities District No. 50-1396, as described in the Notice of Intention concerning the district and authorizing the City officials to proceed to make improvements as set forth in the Notice of Intention to create the district . (Q 90-4) Staff recommendation: Adopt. H. ADJOURNMENT. ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: May 18, 1990 / A_AlliBY: ��16. ' / CI ECORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 18th day of May, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. 6?4,:/;d4 40 Y RECORDER Subscribed and sworn to before me this 18th day of May, 1990. 9 i .4L74574% , ,./ Notary Pub • ing in the State of Utah 1 �tRNBl1�Apubik 9 .i'a 451 So s SL t5 1 �...�.A Utah 84142 z� ,. Sah�m Yhslon Ex�$ � ' '` ,•'`•` �l August 1,1�343 i -. star cf Utah 1 APPROVAL:�`''''w—�-- c- CYV ; 7E/l5"` EXECUTE DIRECTOR LAW OFFICES 20,1 FLOOR BALLARD, SPAHR, ANDREWS & INGERSOLL 30 SOUTH 17,4 STREET (INCLUDING THE PUBLIC FINANCE PRACTICE OF THE FORMER FIRM OF PHILADELPHIA,PA 19103 FOX,EDWARDS,GARDINER &BROWN) ONE WESTLAKES AMERICAN PLAZA II SUITE 400 1235 WESTLAKES DRIVE BERWYN, PA 19312 57 WEST 200 SOUTH SUITE 2300 SALT LAKE CITY, UTAH 84101 1225 17,H STREET DENVER,CO 80202 801 359-1800 SUITE 900 EAST TELECOPIER:BOI S21-5364 555 13,H STREET,N.W. WASHINGTON,D.C.20004 RICHARD S. FOX May 17 , 1990 Ms . Cindy Gust-Jensen City and County Building 451 South State Street Salt Lake City, UT 84111 RE : Salt Lake City, Utah Public Utilities District No. 50-1396 Dear Cindy: Enclosed are seven sets of drafts of resolutions for Public Utilities District No. 50-1396 Creating the District and awarding the Contract. City Council action is scheduled for May 22 , 1990 . Please note that the proceedings were drafted based on the assumption that the District will be created on May 22nd. If, because of heavy protests , the District is not created, the construction bid should not be awarded. Please let us know at your earliest convenience of any revisions or changes . Vex truly yours , RICHARD S . FOX RSF/ka Enclosure cc : Linda Hamilton Buzz Hunt Kathryn Marshall Cheryl Cook Terry Rock Vince Houtz Bruce Baird, Esq. Tula Gamvroulas BD7040 (PF) Salt Lake City, Utah May 22 , 1990 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday, the 22nd day of May, 1990, at the hour of 9 p.m. , at the regular meeting place of the City Council at which meeting there were present and answering roll call the following members who constituted a quorum: Alan Hardman Chair Nancy Pace Vice Chair Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Thomas M. Godfrey Councilmember Don C. Hale Councilmember Ronald Whitehead Councilmember Also present: Palmer A. DePaulis Mayor Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: None Thereupon the following proceedings, among others, were duly had and taken: A Notice to Contractors calling for bids for construction of improvements contemplated to be made in the District was published in the Deseret News, a newspaper having general circulation in the City, at least one time at least fifteen ( 15) days prior to the date specified in such notice for the receipt of bids. A copy of the Notice as published is attached as Exhibit "A" . Bids were received and opened by staff members of the Department of public Utilities in connection with the construction of improvements contemplated to be made in Salt Lake City, Utah Public Utilities District No. 50-1396 (the "District" ) . The Department of Public Utilities has tabulated the bid results for consideration by the City Council . Upon the reopening of the bids in open session of this council meeting, the City Council examined and declared the bids to be as tabulated as set out in Exhibit "B" which is attached to these proceedings. The City Council determined that Noland & Son Construction Co . , Inc. was the apparent low bidder for the construction of improvements as specified in the engineering plans for the improvements set out in the Notice of Intention. It was also noted that the accuracy of the apparent low bid and the qualifications of the apparent low bidder should be checked. Thereupon, Councilmember introduced the following resolution in writing and Councilmember moved to adopt the resolution: BD7O4O (PE) 2 RESOLUTION NO. OF 1990 A RESOLUTION CONDITIONALLY ACCEPTING A BID FOR CONSTRUCTION WORK AND, SUBJECT TO APPROVAL OF THE DEPARTMENT OF PUBLIC UTILITIES, AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH NOLAND & SON CONSTRUCTION CO. , INC. FOR CONSTRUCTION OF IMPROVEMENTS ON CERTAIN STREETS WITHIN SALT LAKE CITY, UTAH PUBLIC UTILITIES DISTRICT NO. 50-1396 PROVIDING FOR CONSTRUCTION OF IMPROVEMENTS CONSISTING OF SEWER COLLECTOR PIPELINES AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; FOR ISSUANCE OF INTERIM WARRANTS AND FOR THE ADDITION OF THE INTEREST THEREON TO ASSESSABLE COSTS. BE IT RESOLVED by the City Council of Salt Lake City, Salt Lake County, Utah, the bid of Noland & Son Construction Co. , Inc. , a bidder who submitted the apparent lowest and best bid for the construction of the improvements in the District is hereby conditionally accepted. This award of the construction contract is expressly subject to verification by the Department of Public Utilities of the accuracy of the bid amounts, the qualification of the lowest bidder to do business in Utah, a determination that the lowest bidder is a licensed contractor and consideration of any other factors the Department of Public Utilities may deem to be appropriate in evaluating the lowest bid and bidder. The exact amount to be paid under a construction contract memorializing the bid, acceptance, plans and specifications for the improvements, (the "Contract" ) shall be determined by computation of the 13D7040 (PF) 3 work done based upon the unit prices as set forth in the winning bid. If the Department of Public Utilities approves the lowest bid and bidder, the Mayor is hereby authorized to execute the Contract between Salt Lake City and the successful bidder, which Contract may include work in addition to the improvements to be constructed within said District. If the Department of Public Utilities does not approve the lowest bid and bidder, the bids shall again be referred to the City Council for further consideration at a subsequent meeting. Payment of progress draws under the Contract shall be by interim warrants which the City intends to purchase. The issuance of interim warrants is hereby authorized. Interest charges on the interim warrants shall be equal to the average yield earned by the City on its pooled money balance investments as calculated by the City Treasurer' s Office. Interest accrued on the interim warrants shall be added as an assessable cost to other construction costs of the District. The resolution was seconded by Councilmember and was adopted by vote of the City Council as follows: BD7040 (PP) 4 AYE: NAY: Thereupon the motion was approved by the City Council and made a matter of record by the City Recorder. ADOPTED AND APPROVED this 22nd day of May, 1990. Chair ATTEST: City Recorder ( S E A L ) PD7040 (PF) 5 After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded and carried, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD7040 (PP) 6 STATE OF UTAH ) ss, COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake City, Utah, at its meeting held on the 22nd day of May, 1990, insofar as the same relates to the awarding of the construction contract for Salt Lake City, Utah Public Utilities District No. 50-1396 as the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 22nd day of May, 1990. City Recorder ( S E A L ) BD7040 (PE) 7 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) , do hereby certify, according to the records of the City Council of Salt Lake 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 May 22, 1990, public meeting held by the City Council as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the principal offices at the City and County Building, Salt Lake City, Utah on May , 1990, 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 Schedule "A" , to be delivered to the Deseret News on May , 1990, at least twenty-four (24) hours prior to the convening of the meeting. 13D7040 (PF) 8 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 22nd day of May, 1990. City Recorder ( S E A L ) BD7040 (PF) 9 SCHEDULE "A" NOTICE OF MEETING BD704O (PF) 10 EXHIBIT "A" Publication of Notice to Contractors BD7040 (PF) 11 NOTICE TO CONTRACTORS Recorder,rd Sealed proposals1 .will Building g 45 al the 1 e of the South Stale Street,until 1:50 p.m.,loco(prevailing time on Wednesday.Au- gust 16. 1989 or In Room 315.City and County Building.451 South State Street between 1:50 p.m.and 2:00 p.m.local prevail- ing time on Wednesday,August 16.1989,for the construction of Sanitary Sewermoin Extension No.50-1396 located on Delong Street from 500 South to Indiana Avenue. according to the specifications on file in the Deportment of Public Utilities Office. Bids will be publicly opened in Room 315 City/County Build- ing,451 South State Street.at 2:00 p.m.local prevailing time on Wednesday.August 16.1989.by the San Lake City Recorder. On the outside of the envelope,the bidder shall indicate the nature of the bid and include the bidders return mailing address. A 5 percent bid bond will be accepted in lieu of a certified check.Bid bonds/checks will be returned to unsuccessful bid- ' den after tabulation and award of the contract. Instruction to Bidders:Specifications and forms for Contract and Bond,together with specifx.uttur rs,may be obtained at the Deportment of Public Utilities,Room 212,1530 South West Tem- ple.A$25.00 deposit will be required tor each complete set of plans and specifications.The deposit must be a certified or company check payable to the Salt Lake City Corporation. Bidden will be refunded their deposit by returning to the above office the plons and specifications,in good condition, within seven(7)working days after bid opening•or two(2)work- ing days after determination and notifications of the low bid- ders.whichever is latest.Then if the plans and specifications ore not returned,the said check shall be cashed and the amount thereof paid into the treasury of the Solt Lake City Corporation. ATTENTION TO CONTRACTORS:On Wednesday,August 9, 1989 at 10:00 a.m.,at the Department of Public Utilities,1530 • South West Temple.a pre-bid meeting will be held.It is recom- mended that all contractors wishiglo bid on this project be there.Guidelines for bidding will be explained and questions pertinent to the contract,bond, plans,specifications will be discussed. NON-DISCRIMINATION IN EMPLOYMENT:Bidder on this work will be required to comply with President's Executive Order No. 11246.and the provisions of Executive Order No.11375,Section 3 of the Housing and Urban Development Act of 1968 and 24 CRF Part 135 as included therein.The requirements for bidders and contractors under these regulations are explained in the specitrcatio rs. The right is reserved to reject any or all bids. Published:July 29-August 2.1989 • C-89 s BD7O41 (PF) -/ Salt Lake City, Utah May 22, 1990 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, the 22nd day of May, 1990, at the hour of 6T00 p.m. at the regular offices of the City Council at 451 South State Street, Salt Lake City, Utah at which meeting there were present and answering roll call the following members who constituted a quorum: Alan Hardman Chair Nancy Pace Vice Chair Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Ronald Whitehead Councilmember Thomas M. Godfrey Councilmember Don C. Hale Councilmember Also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder Roger Cutler City Attorney Absent: None Thereupon the following proceedings, among others, were duly had and taken: The City Recorder notified the City Council that the Notice of Intention to create Salt Lake City, Utah Public Utilities District No. 50-1396 (the "District" ) authorized by Resolution No. 45 of 1990 adopted by the City Council on the 17th day of April, 1990 (the "Notice of Intention" ) , has been published in the Deseret News, a newspaper published in Salt Lake City and having general circulation therein. The Notice of Intention has 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 22 , 1990 and the affidavit of publishing the Notice of Intention, with a copy of the Notice of Intention as published, was duly filed in the City Recorder' s office and a copy of the Notice of Intention 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 the Notice of Intention insofar as the names and addresses of the owners could be ascertained from the most recent available county assessment books. The Notice of Intention also has been mailed by United States Mail, postage prepaid, to "Owner" at the street number of each piece of improvement property to be affected by said assessment not later than ten (10) days after the first publication of the Notice of Intention; the Notice of Intention has been on file in the City Recorder' s office during all regular office hours from the 17th day of April , 1990 to the 22nd day of may, 1990, for the examination of any BD7041 CPF) 2 interested parties; and the Notice of Intention directed that all persons desiring to protest and oppose the creation of the proposed District might appear and file in writing said protests and objections. The City Recorder reported that written protests against the creation of the District and the making of the proposed improvements therein was received by her in her office by 5 :00 p.m. on the 21st day of May, 1990. Councilmember declared a protest hearing to be in session and invited any person who wished to be heard to address the Council . In addition, it was suggested that interested parties discuss their questions about the Project with a representative of the Department of Public Utilities. The following persons commented on matters pertaining to the District : • HD7O41 (PF) 3 of the Department of Public Utilities, reported that the written protests on file represented approximately % of the District as described in the Notice of Intention. There being no further oral protests or comments, it was moved by Councilmember and seconded by Councilmember that the hearing be closed. The motion passed with all councilmembers voting "aye" . Having considered the protests and the recommendation of the Department of Public Utilities, Councilmember introduced a resolution to create the • District and Councilmember moved its adoption. Councilmember seconded the motion to adopt the Resolution. The Resolution was thereupon put to a vote and unanimously adopted on the following recorded vote: YEA: NAY: The resolution reads as follows: BD7041 (PF) 4 RESOLUTION NO. OF 1990 A RESOLUTION TO CREATE SALT LAKE CITY, UTAH PUBLIC UTILITIES DISTRICT NO. 50-1396, AS DESCRIBED IN THE NOTICE OF INTENTION CONCERNING THE DISTRICT AND AUTHORIZING THE CITY OFFICIALS TO PROCEED TO MAKE IMPROVEMENTS AS SET FORTH IN THE NOTICE OF INTENTION TO CREATE THE DISTRICT. BE IT RESOLVED by the City Council of Salt Lake City, Salt Lake County, Utah: Section 1 . It will be in the best interest of Salt Lake City (the "City" ) to construct the improvements identified and described in the Notice of Intention for the Salt Lake City, Utah Public Utilities District No. 50-1396 (the "District" ) . Section 2 . The City Council has heretofore considered each and every protest filed with the City Recorder. A hearing was held to give each and every person who wished to be heard an opportunity to protest against the creation of the District or the construction of any of the improvements therein. The Department of Public Utilities has reviewed the protests and has submitted their recommendation that the District be created for the properties situated within its boundaries. Section 3 . Improvements proposed and described in the Notice of Intention are hereby authorized and the District is hereby created to construct these improvements. BD7O41 (Ps) 5 Section 4. The area included within the District is described in the Notice of Intention. The legal description and tax identification numbers of the included properties are more fully set forth in Exhibit "A" attached hereto. Section 5 . As required by law, the Department of Public Utilities is hereby authorized and directed to file within five days from the date hereof a copy of the Notice of Intention and this Resolution creating the District as finally approved, together with a list of properties proposed to be assessed, described by tax identification number and legal description in the Salt Lake County Recorder' s office. ADOPTED AND APPROVED this 22nd day of May, 1990. Chair ATTEST: City Recorder ( S E A L ) BD7O41 (PE') 6 After conduct of other business not pertinent to the above, on motion duly made, seconded and carried, the meeting was adjourned. Chair ATTEST: City Recorder ( S E A L ) HD7041 (PF) 7 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the 22nd day of May, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 22nd day of May, 1990. Mayor BD7041 (PF) 8 P STATE OF UTAH ) . SS 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 as follows: That the foregoing pages constitute a full , true and correct copy of the record of the proceedings of the City Council of Salt Lake City, Utah, at its regular meeting held on May 22 , 1990, insofar as said proceedings relate to the creation of Salt Lake City, Utah Public Utilities District No. 50-1396 as the same appears of record in my office . I personally attended said meeting and the proceedings were in fact held as specified in said minutes. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City as of this 22nd day of May, 1990. City Recorder ( S E A L ) BD7041 (PF) 9 STATE OF UTAH ) : ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of May, 1990, pursuant to Section 10-16-7, Utah Code Annotated 1953 , as amended, a copy of the Notice of Intention dated April 17 , 1990 and the Resolution dated May 22 , 1990 creating Salt Lake City, Utah Public Utilities District No . 50-1396 (the "District" ) as finally approved, together with a list of properties . proposed to be assessed described by tax identification number or legal description, was filed in the Salt Lake County Recorder' s Office within five (5 ) days of the date of creation of the District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this day of May, 1990. City Recorder (S E A L) BD7O41 (PE) 10 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 May 22, 1990 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City' s principal offices at the City and County Building, Salt Lake City, Utah on May , 1990, 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 Schedule "A" , to be delivered to the Deseret News on May , 1990, at least twenty-four (24) hours prior to the convening of the meeting. A BD7041 (PF) 11 !' ( IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 22nd day of May, 1990. City Recorder ( S E A L ) BD7041 (Pr) 12 EXHIBIT "B" Tabulation of Bids Name of Bidder Amount of Bid Noland & Son Construction Co. , Inc. $239, 176. 00 Rolfe Construction, Inc. 273 , 513 . 78 Carlson Construction 331, 740 . 00 RDJ Construction, Inc. 375,000.00 • ED7040 (PF) 12 c SCHEDULE "A" NOTICE OF MEETING 11D7O41 (PF) 13 EXHIBIT "A" TAX IDENTIFICATION NUMBERS AND LEGAL DESCRIPTIONS OF PROPERTIES TO BE ASSESSED [A complete list consisting of pages of Tax I .D. numbers and property descriptions is available for inspection at the Salt Lake City Recorder' s and the Department of Public Utilities. ] BD7041 (Pr) 14