009 of 1985 - Extending Effective Date of Bill 20 of 1984 4334319
ROGER F. CUTLER c '�a
W G�TY �I O �� j , RAY ASSIL-AMONTGOMERY
NT ATTORNEYS
CITY ATTORNEY 'z;�-•�
CHERYL D. LUKE LAW DEPARTMENT GREG R. HAWKINS
JUDY F. LEVER
CITY PROSECUTOR 100 CITY AND COUNTY BUILDING LARRY V. SPENDLOVE
SALT LAKE CITY, UTAH 84111 STEVEN W. ALLRED
(801) 535-7788 BRUCE R. BAIRD
FRANK M. NAKAMU•RA
ASSISTANT PROSECUTORS
October 14, 19,86 JOHN N. SPIKES
DONALD L. GEORGE
ARTHUR L. KEESLER, JR.
CECELIA M. ESPENOZA
Kathryn Marshall
City Recorder
300 City & County Building ' s
Salt Lake City, Utah 84111 G a )4 - M_31 &4V
AAJILWV� Ott',
Re : Ordinance No . 20 of 1984; 68 of CC1985;
and 18 of 1986 - Closure and Sale-of
Portions of Sumner Avenue
Dear Kathryn :
This letter will explain the events occurring subse-
quent to Ordinance No. 20 of 1984 and express this office' s
opinion that the ordinance may now be recorded .
Pursuant to Petition No. 400-109-83, the Council
enacted Ordinance No . 20 of 1984, which, inter al ia, closed
a portion of Sumner Avenue and provided for sale of the
property to the petitioner, Chen International .
The ordinance required petitioner to construct curbs,
gutters, sidewalks and pay for paving the area. It also
required engineering and construction work for covering a
canal , including piping . The ordinance had a 12-month
condition on completion of the improvements:
The conditions were not met in time and the ordinance
was extended by Ordinance No. 68 of 1985 and then again by
Ordinance No . 18 of 1986.
00
This office chose to construe the requirements in
Section 2 (4) of an alternative performance by posting a
corporate surety or cash bond for the improvements to also
apply to the canal improvements in Section 2 (3) . Petitioner �
Od
GD7 ,
Kathryn Marshall
October 14, 1986
Page -2-
,
did timely post a cashier's check with this office, along
with a sufficient performance bond. The work required
pursuant to Ordinance No. 20 of 1984 has now been completed
and approved by the City Engineer.
It is therefore my opinion that the ordinance condi-
tions having been met, as extended, that you can now record
Ordinance No. 20 of 1984. Upon your recordation, we will
forward a quitclaim deed to the Mayor for his signature.
If you have any questions, please call.
Sincerely,,
R. AI D
Assistant City Attorney
BRB:cml47
cc: Linda Cordova
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4334316
STATE OF UTAH,
ss.
City and County of Salt Lake,
I Lynda Domino Chief Deputy . City Recorder of Salt Lake City, Utah, do hereby
certify that the attached document is a full, true and correct copy of. . .�r4inance 9 of.1985 extending
the effective date of Bill No. 20 of 1984 relating to the closure of a portion of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sumner Avenue (200 North) and a parallel 15-foot wide alley (175 North) from 1500
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West (Garside Street) to 1540 West (Cornell Street) , by amending Section 3 of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
said bill
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
passed by City Councilffixecuds Action of Salt Lake City, Utah,. .M4-'rb.�. . . . . . . . . . . . . . . . . 19 85 .
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City,
this . . . . .14th. . . . . . . . . . . . . . . . . .da of. . . . .March. . . 85
tiy . . . . . . . . . . . . . . . . . . . . . . 19. .
. . . . . . . . )AV
` Chief Deputy City Recorder
< �. alished. . . . . .March, 13. . . . . . . . . 19. 85
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SALT LAKE CITY ORDINANCE
No . 9 of 1985
(Extending the effective date of
Bill No . 20 of 1984)
AN ORDINANCE EXTENDING THE EFFECTIVE DATE OF BILL NO. 20 OF
1984 RELATING TO THE CLOSURE OF A PORTION OF SUMNER AVENUE (200
NORTH) AND A PARALLEL 1 5-FOOT WIDE ALLEY ( 1 75 NORTH) FROM 1500
WEST (GARSIDE STREET, FORMERLY KNOWN AS "DIVISION" ) TO 1540 WEST
(CORNELL STREET, FORMERLY KNOWN AS "CUSTER" AND "ROCK") IN SALT
LAKE CITY, UTAH, BY AMENDING SECTION 3 OF SAID BILL.
RECITALS
1. Bill No. 20 of 1984, passed March 13, 1984, provided for
the conditional closure of Sumner Avenue ( 200 North) and a
parallel 15-foot wide ( 175 North) as they run east/west from 1500
to 1540 West in Salt Lake City, Utah. Section 3 of said Bill
relating to the effective date, required conditions subsequent in
Section 2 to be satisfied before March 13, 1985.
2. Pursuant to the request made by the petitioner of
Petition 400-109 of 1983, the City Council of Salt Lake City,
Utah, finds that it is reasonable to amend Section 3 of Bill 20
of 1984 to extend the time limitation six months.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . That Section 3 of Bill 2D of 1984 relating to 00
CD
the effective date be in which condition of Section 2 of said
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ordinance must be satisfied , be, and the same is hereby extended
by six months to read as follows:
SECTION 3. This Ordinance, after the date of its first
publication, shall not become effective until recorded with the
Recorder of Salt Lake County; however the Salt Lake City Recorder
is instructed not to record this Ordinance until the Mayor
verifies that the conditions subsequent have been satisfied or
provided for by an executed agreement. Upon verification of
satisfaction as shall be represented by the City Engineer and
City Attorney, the Mayor may transfer the property to the
petitioner and instruct the Recorder to record the Ordinance
concurrently with the transfer documents. However, if the fore-
going conditions are not completed on or before September 13,
1985, this Ordinance shall be null , void , of no effect and no
recording thereafter shall be allowed.
SECTION 2 . This ordinance shall become effective on the
date of its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 5th day of March , 1985.
CHAIRMAN
ATTEST:
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CITY RECORDER
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Transmitted to Mayor on March 11, 1985
Mayor 's Action: March 12, 1985
MAYOR
ATTEST:
0 CITY RECORDER
cm107
( SEAL)
Bill ----9_of 19--- m-85
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Published: March 13, 1985
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SALT LAKE CITY ORDINANCE
No . 9 of 1985
(Extending the effective date of
Bill No . 20 of 1984)
AN ORDINANCE EXTENDING THE EFFECTIVE DATE OF BILL NO. 20 OF
1984 RELATING TO THE CLOSURE OF A PORTION OF SUMNER AVENUE (200
NORTH) AND A PARALLEL 15-FOOT WIDE ALLEY ( 175 NORTH) FROM 1500
WEST (GARSI DE STREET, FORMERLY KNOWN AS "DIVISION" ) TO 1540 WEST
(CORNELL STREET, FORMERLY KNOWN AS "CUSTER" AND "ROCK") IN SALT
LAKE CITY, UTAH, BY AMENDING SECTION 3 OF SAID BILL.
RECITALS
1 . Bill No. 20 of 1984, passed March 13, 1984, provided for
the conditional closure of Sumner Avenue ( 200 North) and a
parallel 15-foot wide ( 175 North) as they run east/west from 1500
to 1540 West in Salt Lake City, Utah. Section 3 of said Bill
relating to the effective date, required conditions subsequent in
Section 2 to be satisfied before March 13, 1985.
2. Pursuant to the request made by the petitioner of
Petition 400-109 of 1983, the City Council of Salt Lake City,
Utah, finds that it is reasonable to amend Section 3 of Bill 20
of 1984 to extend the time limitation six months.
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1 . That Section 3 of Bill 20 of 1984 relating to
the effective date be in which condition of Section 2 of said
,D�
v�
ordinance must be satisfied, be, and the same is hereby extended
by six months to read as follows:
SECTION 3. This Ordinance, after the date of its first
publication, shall not become effective until recorded with the
Recorder of Salt Lake County; however the Salt Lake City Recorder
is instructed not to record this Ordinance until the Mayor
verifies that the conditions subsequent have been satisfied or
provided for by an executed agreement. Upon verification of
satisfaction as shall be represented by the City Engineer and
City Attorney, the Mayor may transfer the property to the
petitioner and instruct the Recorder to record the Ordinance
concurrently with the transfer documents. However, if the fore-
going conditions are not completed on or before September 13,
1985, this Ordinance shall be null, void, of no effect and no
recording thereafter shall be allowed.
SECTION 2. This ordinance shall become effective on the
date of its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 5th day of March , 1985.
CHAIRMAN
ATTEST:ATTEST:
CITY RECORDER
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Transmitted to Mayor on March 11, 1985
Mayor 's Action: March 12, 1985 r!"1
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MAYOR
ATTEST:
CITY RECORDER
cm107
( SEAL'
Sill----2_of 19 8_,.5,..,
Published: March 13, 1985
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Affidavit of Publication ADM 35A
STATE OF UTAH,
SS.
County of Salt Lake
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Subscribed and sworn to before me this ........................4th.,,,,,.. day of
�PxiUl.................................... A.D. 19..85....
Notary Public
My Commission Expires - =
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March 1, 1988
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