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112 of 1986 - Utah Curb & Gutter Extension District 38-685 Salt Lake City, Utah September 2, 1986 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, the 2nd day of September, 1986, at the hour of 6:00 p.m. at its regular meeting place of said Council, at which meeting there were present and answering roll call the following members who constituted a quorum: Earl F. Hardwick Chairperson Grant Mabey Councilmember Florence Bittner Councilmember Tom Godfrey Councilmember W. M. "Willie" Stoler Councilmember Sydney Reed Fonnesbeck Councilmember Roselyn N. Kirk Councilmember Also present: Kathryn Marshall City Recorder Palmer A. DePaulis Mayor Roger Cutler City Attorney After the conduct of other business not pertinent to the following, the Chairperson stated that the City Engineer had advised that all of the work had now been completed in Salt Lake City, Utah, Curb and Gutter Extension No. 38-685 and that the Engineer had prepared the assessment rolls 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 Mabey introduced the following resolution in writing which was read in full and moved its adoption: RESOLUTION NO. 112 of 1986 A RESOLUTION APPOINTING MEMBERS OF THE BOARD OF EQUALIZATION AND REVIEW FOR SALT LAKE CITY, UTAH CURB AND GUTTER EXTENSION NO. 38-685, SCHEDULING HEARINGS AND PROVIDING FOR NOTICE OF THE HEARINGS OF THE BOARD OF EQUALIZATION AND REVIEW AND PROVIDING FOR THE AVAILABILITY OF ASSESSMENT ROLLS. BE IT RESOLVED BY THE City Council of Salt Lake City, Utah that the Board of Equalization and Review, as required by law, for Curb and Gutter Extension No. 38-685 (the "District") of Salt Lake City, a municipal corporation of the State of Utah, be and the same is hereby appointed, consisting of the following City staff personnel: City Recorder or designee City Engineer or designee City Attorney or designee THAT said Board shall sit as a Board of Equalization and Review on the Special Improvement Tax proposed to be levied and assessed on the property within the District at the City Council Chambers, Salt Lake City, Utah, on October 21, 1986, -2- between the hours of 2: 00 p.m. and 3:00 p.m. , on October- 22, 1986 between the hours of 3:00 p.m. and 4:00 p.m. and on October 23, 1986 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 said Board may deem unequal or unjust. THAT the City Council be and is hereby authorized and directed to publish and mail, as provided by law and the ordinances of said Municipality, a notice of meeting of said Board of Equalization and Review, said notice to be in substantially the following form: -3- NOTICE OF MEETING OF BOARD OF EQUALIZATION AND REVIEW NOTICE IS HEREBY GIVEN that the work contemplated in Salt Lake City, Utah Curb and Gutter Extension District No. 38-685 (the "District") by resolution heretofore adopted by the City Council in pursuance to notice of creation heretofore published and mailed to all property owners to be affected in the District has now been completed, and that three City staff personnel of Salt Lake City, Utah, have been duly appointed to act as the Board of Equalization and Review on the tax proposed to be levied on the property within the District, and NOTICE IS FURTHER GIVEN that the lists of the property in the District subject to said proposed tax and the various amounts of tax against said property have been completed and are available for examination at the Office of the City Engineer. That said City staff personnel sitting as a Board of Equalization and Review on the tax proposed to be levied on the property within the District will meet at the City Council Chambers, Room 301, City and County Building, Salt Lake City, Utah, on October 21, 1986 between the hours of 2:00 p.m. and 3:00 p.m. and October 22, 1986 between the hours of 3:00 p.m. and 4:00 p.m., and on October 23, 1986 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 said Board may deem unequal or unjust. That on the dates specified said lists and plats and amount of the proposed assessment against each parcel of property shall be open to public inspection from 8:00 a.m. to 5:00 p.m. on each of said days continuously at the Office of the City Engineer of Salt Lake City, Utah. The District was constructed within the following described areas and boundaries: -4- Area• Block No' s 258 and 280 Richland Addition, Also Block No' s 283 and 284, all in SIDWELL MAP No. 15- 13-22; Block No. 254, Block No' s 257 and 258 Richland Addition, Block No' s 255 and 402, all in Sidwell Map No. 15-13-21; Block No. 326 Sidwell Map No. 15-13-32; Block No ' s 177 and 181 Sidwell Map No. 15-13-12; Block No' s 301, 303 and 304 Sidwell Map No. 15-M; Block No's 151 and 152 Sidwell Map No. 15-13-11; Block No. 277 Sidwell Map No. 15-14- 22; and Block No. 477 Sidwell Map No. 15-14-42. Boundaries• North - North side of 1700 South Street South - South side of 1700 South Street East - West side of West Temple and 1700 South Street Intersection West - East side of 700 West Street and 1700 South Street Intersection STREET FOR IMPROVEMENT AND BASIS FOR ASSESSMENT Along the following named street the abutting property owners will be assessed for improvements built at the herein below estimated rates per front foot of abutting property; for designated widths of roadway measured out from the street edge of the gutter to the center of the roadway; for concrete curb and gutter and sidewalk where it does not .now exist and for the abutters portion of certain miscellaneous costs of the project: 1700 South Street - North Side From West Temple Street, thence west to Jefferson Street - 297. 50 feet - Rate No. 2. From Jefferson Street, thence west to the public alley - 149 feet - Rate No. 2. -5- From 200 West Street, thence east to the public alley - 194.20 feet - Rate No. 1. From 200 West Street, thence west - 118. 45 feet - Rate No. 1. From 118.45 feet west of 200 West Street, thence west to 300 West Street - 603. 55 feet - Rate No. 2. From 300 West Street, thence west - 132 feet - Rate No. 3. From 132 feet west of 300 West, thence west to 744 feet West of 300 West - Rate No. 2. From 744 feet west of 300 West Street, thence west to 500 West Street - 759 feet - Rate No. 1. From 500 West Street, thence west to 700 West Street - 1,518 feet - Rate No. 1 . 1700 South Street - South Side From West Temple Street, thence west to Jefferson Street - 297 feet - Rate No. 2. From Jefferson Street, thence west to 300 West 1104.56 feet - Rate No. 1. From 300 West Street, thence west to 500 West Street - 1,428. 40 feet - Rate No. 1. From 500 West Street, thence west to 700 West Street - 1,479.83 feet - Rate No. 1. 900 North Street - Redwood Road to Star Crest Drive. 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" guidelines established by the Department of Housing and Urban -6- 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. "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 payments required to be abated. 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. 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. Submittals shall be made to the City Engineer's Office. -7- PASSED AND ADOPTED by the City Council of Salt Lake City, Utah, this 2nd day of September, 1986. /s/ Kathryn Marshall City Recorder -8- J After due consideration of said resolution by the City Council, Councilmember Godfrey seconded its adoption and the same, upon being put to a vote, was unanimously carried by the affirmative vote of all members present. Thereupon, the City Recorder was ordered and directed to enter the foregoing proceedings upon the records of the City Council of Salt Lake City, Utah, and to cause notices to be published in one issue of the Deseret News, a newspaper published in said Municipality 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. A copy of such notice shall not later than ten (10) days after the first publication of such notice, be mailed, postage prepaid, to 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 piece of improved property to be affected by the assessment. -9- ADOPTED AND APPROVED this 2nd day of September, 1986. Chairperson ATTEST: ty Recorder ( S E A L ) -10- (Other business was transacted. ) Upon motion duly made, seconded and unanimously carried, the meeting was adjourned. Chairperson ATTEST: C' ecorder ( S E A L ) -11- 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 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 City Council Chambers in Salt Lake City on Tuesday, the 2nd day of September, 1986, 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 caused to be published in the Deseret News, a newspaper published in said Municipality and having general circulation therein, a notice of meeting of the Board of Equalization and Review for Salt Lake City, Utah Curb and Gutter Extension No. 38-685 at least twenty ( 20) and not more than thirty-five ( 35) days prior to the date said Board will begin its hearings. -12- IN WITNESS WHEREOF, I have hereunto set my hand and ' affixed the corporate seal of Salt Lake City this 2nd day of September, 1986. ity Recorder ( S E A L -13- 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 the meetings of the Board of Equalization and Review, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah Curb and Gutter Extension No. 38-685, 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 pr perty to be assessed. Said Notices were mailed by me on 1,/�h ? , 1986, that being not later than ten (10) days after the 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 2nd day of.-p--;�, 1986. ty Recorder ( S E A L ) -14- PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Resolution Appointing the Board of Equalization adopted by the City Council on the 2nd day of September, 1986, was published one time in the Deseret News. -15- • STATE OF UTAH ss. CERTIFICATE OF COMPLIANCE ` COUNTY OF SALT LAKE ) WITH OPEN MEETING LAW I, Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, 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 1986 Annual Meeting Schedule of the City Council of Salt Lake City (the "Council" ) was given, specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year, by causing a Notice of Annual Meeting Schedule for the Council to be posted on January 3, 1986, at the principal office of the Council at the City and County Building, 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 the City and County Building until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on January 3, 1986, to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, 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 regular meeting of the Council on September 2, 1986, was given by specifying in a Notice of Regular Meeting -16- the agenda, date, time and place of the September 2, 1986 Council Meeting and by causing the Notice of Regular Meeting to be posted at the principal office of the Council at the City and County Building in Salt Lake City, Utah, on the 29th day of August, 1986, a time and date not less than 24 hours prior to the date and time of the September 2, 1986 regular meeting; said Notice of Regular Meeting having continuously remained so posted and available for public inspection during the regular office hours at the City and County Building until the date and time of the September 2, 1986 regular Council meeting; and causing a copy of the Notice of Regular Meeting to be provided on August 29, 1986 to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, or to a local media correspondent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this 2nd day of September, 1986. ty Recorder ( S E A L ) -17-