058 of 1997 - Amendment to the Assessment Modifying Certain Assessment totals for Special Improvement District No.0 97-1
Q 95-7
YEA: Deeda Seed
M. Bryce Jolley
Tom Godfrey
Keith S Christensen
Joanne R. Milner
Lee W. Martinez
Mary H. Mark
NAY: None
The Amendment to the Assessment Ordinance was then signed by the Chair,
presented to and approved by the Mayor, and recorded by the City Recorder in the
official records of Salt Lake City, Utah. The Amendment to the Assessment Ordinance
is as follows:
ORDINANCE NO. 58 of 1997
AN AMENDMENT TO THE ASSESSMENT ORDINANCE NO. 17 OF
1997 ADOPTED ON APRIL 8, 1997 MODIFYING CERTAIN
ASSESSMENT TOTALS FOR SPECIAL IMPROVEMENT DISTRICT
NO. 103005 (CALIFORNIA AVENUE AND 4400 WEST);
ESTABLISHING THE EFFECTIVE DATE OF THIS AMENDMENT
TO THE ASSESSMENT ORDINANCE; AND RELATED MATTERS.
WHEREAS, on April 8, 1997 the City Council of Salt Lake City, Utah (the
"City") adopted Assessment Ordinance No. 17 of 1997 (the "Original Ordinance")
confirming the assessment list and levying an assessment against certain properties in Salt
Lake City, Utah Special Improvement District No. 103005 (California Avenue and 4400
West) (the "District") for the purpose of paying the costs of installation of earthwork,
concrete curb, gutter and two lanes of asphalt pavement on 4400 West, and in the
Virginia Street Project, replacement of deteriorated curb, gutter and sidewalks and
driveway approaches, installation of traffic control islands, and completing any
miscellaneous work necessary to complete the improvements in a proper and
workmanlike manner, and related matters; and
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Section 1. Section 4 of the Original Ordinance is hereby amended by replacing
the current Section 4 with a new Section 4 to read:
The total cost of the Improvements in the District excluding the Virginia Street
Project is $4,501,159.01, including allowable related expenses. Of this total cost, the
City's portion is $3,761,579. The total cost of the Improvements in the Virginia Street
Project is $216,837.05, including allowable related expenses. Of this total cost, the
City's portion is $190,276.53. The City's portion for the District includes that part of
the overhead costs for which an assessment cannot be levied, if any, and the cost of
making the Improvements for the benefit of property against which an assessment may
not be levied, if any. The amount to be assessed against property affected or benefited
by the Improvements in the District, excluding the Virginia Street Project, is
$739,580.01. The amount to be assessed against property affected or benefited by the
Improvements in the Virginia Street Project is $26,560.52. These amounts do not exceed
in the aggregate the sum of: (a) the total contract price or prices for the Improvements
under contract duly let to the lowest and best responsible bidder therefor and a portion
of the costs of engineering, designing and inspection; (b) the reasonable cost of utility
services, maintenance, labor, materials or equipment supplied by the City, if any; (c) the
property price, if any; (d) connection fees, if any; (e) the interest on any interim warrants
issued against the District; and (f) overhead costs not to exceed fifteen percent (15%) of
the sum of (a), (b), (c) and (d).
Section 2. Non -Modification of Assessment Rolls. Based upon information
from the City Treasurer, the City Council has determined that the amendments to Section
4 of the Original Ordinance need have no effect on the amounts being assessed against
individual properties in the District. Under the circumstances, no additional notice to the
property owners is required.
Section 3. All Necessary Action Approved. The officials of the City are
hereby authorized and directed to take all action necessary and appropriate to effectuate
the provisions of this Amendment to the Assessment Ordinance.
Section 4. Modified Assessment Ordinance to Remain in Full Force. Only
Section 4 of the Original Ordinance is modified and amended by this Amendment to the
Assessment Ordinance. All other provisions of the Original Ordinance remain in full
force and effect, unchanged by this Amendment to the Assessment Ordinance.
Section 5. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this Amendment to the Assessment Ordinance are hereby repealed.
Section 6. Effective Date. this Amendment to the Assessment Ordinance shall
take effect immediately on publication one time.
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Section 5. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this Amendment to the Assessment Ordinance are hereby repealed.
Section 6. Effective Date. this Amendment to the Assessment Ordinance shall
take effect immediately on publication one time.
PASSED AND APPROVED by the City Council of the City, this 16th day of
September, 1997.
/s/ Deeda, Seed
Chair
ATTEST:
/s/ Kendrick D. Cowley
City Recorder
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422762.002(PF)
Salt Lake City, Utah
September 16, 1997
The City Council of Salt Lake City, Salt Lake County, Utah met in regular
session on Tuesday, the 16th day of September, 1997, at its regular meeting place. The
following members of the City Council were present:
Deeda Seed Chair
M. Bryce Jolley Vice Chair
Tom Godfrey Councilmember
Keith S Christensen Councilmember
Joanne R. Milner Councilmember
Lee W. Martinez Councilmember
Mary H. Mark Councilmember
Also present:
Deedee Corradini Mayor
Roger F. Cutler City Attorney
Scott Crandall Deputy City Recorder
Absent:
After the meeting had been duly called to order and after other matters not
pertinent to this resolution had been discussed, the City Recorder presented to the City
Council a Certificate of Compliance With Open Meeting Law with respect to this
September 16, 1997 meeting, a copy of which is attached hereto as Exhibit "A".
The following Amendment to Assessment Ordinance No. 17-97 (the "Amendment
to the Assessment Ordinance") was then introduced in writing, was fully discussed, and
pursuant to motion duly made by Councilmember Milner, and seconded by
Councilmember Martinez, adopted by the following vote:
PRESENTATION TO THE MAYOR
The following ordinance was presented to the Mayor for her approval or
disapproval on the 16th day of September, 1997.
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby app
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ved ,. 16th lay of Septem3r, 1997.
ee Oorradini
Mayor
STATE OF UTAH
COUNTY OF SALT LAKE
I, Scott Crandall, the duly appointed, qualified and acting Deputy City Recorder
of Salt Lake City, Salt Lake County, 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, Salt Lake County, Utah at its meeting held on the 16th day
of September, 1997 insofar as the same relates to or concerns Salt Lake City, Utah
Special Improvement District No. 103005 (California Avenue and 4400 West) as the
same appears of record in my office.
I further certify that the Amendment to Assessment Ordinance was recorded by
me in the official records of Salt Lake City on the 16th day of September, 1997.
IN WITNESS WHEREOF, I have hereunto set my .. d-. d affixes e c•..rate)
seal of Salt Lake City this 16th day of September, 1 •
Dep ""City Recorder
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EXHIBIT "A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Scott Crandall, 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
September 16, 1997 public meeting held by the City as follows:
(a) By causing a Notice, in the form attached hereto as Schedule "1",
to be posted at the City's principal offices on September 12, 1997, 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 " 1 ", to be delivered to the Salt Lake Tribune on September 12, 1997,
at least twenty-four (24) hours prior to the conve i ' • : of the meeting.
IN WITNESS WHEREOF, I have hereu o subsc ; ed offi� a sig -re th's
16th day of September, 1997.
(SE
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SCHEDULE "1"
NOTICE OF MEETING
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