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068 of 1985 - Extending the Expiration Date of Bill 20 of 1984 4334319 ROGER F. CUTLER S'.. T� C' C�RP�RtTIO ASSISTANT ATTORNEYS CITY ATTORNEY M ��111 0��� 3* RAY L• MONTGOMERY CHERYL D. LUKE LAW DEPARTMENT GREG R. HAWKINS CITY PROSECUTOR 100 CITY AND COUNTY BUILDING JUDY F. LEVER LARRY V. SPENDLOVE SALT LAKE CITY, UTAH 84111 STEVEN W. ALLRED (801) 535-7788 BRUCE R. BAIRD FRANK M. NAKAMURA ASSISTANT PROSECUTORS October 14, 19,86 JOHN N. SPIKES DONALD L. GEORGE ARTHUR L. KEESLEM JR. CECELIA M. ESPENOZA Kathryn Marshall -City Recorder 300 City & County Building Zt Salt Lake City, Utah 84111 Wu l JL t4m--3s Re : Ordinance No . 20 of 1984; 68 of 1985; ' and 18 of 1986 - Closure and Sale of Portions of Sumner Avenue P Dear Kathryn : This letter will explain the events occurring subse- quent to Ordinance No. 20 of 1984 and express this off ice'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 alia, 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. Oo This office chose to construe the requirements in iU 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 ►ice i " a Kathryn Marshall October 14, 1986 i Page -2- a ' i did timely post a cashier' s check with this office, along j 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. Siner, e1y1_ R. AI D Assistant City Attorney B RB :cml 4 7 cc: Linda Cordova M A c= 7. • ";i � C7 � rw F m rn 9 cri o c Cn -, CO J y. A.5 R _•.� � .-tea 4 ,.! 4334317 STATE OF UTAH, ss. City and County of Salt Lake, Chief Deputy Recorder I, . . . . . Lynda, Domino. . . . . . . . . . . . . . . . . . . . . . of Salt Lake City, Utah, do hereby certify that the attached document is a full, true and correct copy of. . Salt. Lake, City, Ordinance, No,., 68 of, 1985_ extending, the, expiration date, of, Bill, No;. P. of, 1q8.4, , , , , , , , , , , , , , , , , , , ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . passed by City Council/ExWff i t z6f Salt Lake City, Utah,. . . September. 10. . . . . . . . . . . 19A5 . 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 . . . . . . . .19th. . . . . . . . . . . . . . . . . . . . . . .day of . . . . . .September. . . . . . . . . . . .' . Lynda Domino Chief Deputy Record r Published. . . . .September ,12 , , , , , , 19. - r G U 00 T ar:) W n G� ^r MV W 0 85-1 " - P 84-10 SALT LAKE CITY ORDINANCE No. 68 - of 1985 (Extending the expiration 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 1 500 WEST (GARSIDE STREET, FORMERLY KNOWN AS "DIVISION" ) TO 1540 WEST (CORNELL STREET, FORMERLY KNOWN AS "CUS TER" 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 1 5-foot wide ( 1 75 North) as they run east/west from 1 500 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, which was extended to September 13, 1985 by Bill No. 9 of 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 C U of 1984, as amended by Bill 9 of 1985, to extend the time Qn 00 limitation to March 13, 1986 -a NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: CD V ` ice•-". SECTION 1 . That the last sentence of Section 3 of Bill 20 of 1984 as amended by Bill 9 of 1985 relating to the expiration date is hereby amended by extending the same until March 13, 1986. 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 loth day of September 1985. CHAIRMAN ATTES T: TY RECORDER Transmitted to Mayor on September 10, 1985 Mayor's Action: September 10, 1985 _ CT� MAYOR 000 � Ca ATTEST: .v GD � o RECORDER 51y r,Co -71 gS E L)of 19_ 8_5ill PubiiShed: September .12, 1985 -2- t• r 0 85-1 P 84-10 SALT LAKE CITY ORDINANCE No. 68 of 1985 (Extending the expiration 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 1 500 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, which was extended to September 13, 1985 by Bill No. 9 of 1985. 2. Pursuant to the request made by the petitioner of Petition 400-109 of 1983, the Citv Council of Salt Lake City , Utah, finds that it is reasonable to amend Section 3 of Bill 20 of 1984, as amended by Bill 9 of 1985, to extend the time limitation to March 13, 1986. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah ;. I SECTION 1 . That the last sentence of Section 3 of Bill 20 of 1984 as amended by Bill 9 of 1985 relating to the expiration date is hereby amended by extending the same until March 13, 1986. 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 loth day of September 1985. CHAIRMAN ATTES T: TY RECORDER Q-7 Transmitted to Mayor on September 10, 1985 Mayor's Action: September 10, 1985 MAYOR ATTEST: TY RECORDER cm10 7 ( SEe8L) Rill - -of 19 8...:..- PUbliShBd: Sept emb e r .12, 1985 Republished September 21, 1985 -2- Affidavit of Publication ADM-35A STATE OF UTAH, ss. County of Salt Lake —�•� Cheryl Gierloff SALT No. I98 .................................................................................... �6 ,i (Eu the lNi 0 of A o AN ORDINANCE EX NO- NO "jU EFFECTIVE. ATE: OF BILL NO.20 OF 1 RE- APORTIONTSUMNSU O Being first duly sworn, deposes and says that he/she is VK­ MBE 2ooNOtTH1AND AR: legal advertising clerk of the DESERET NEWS, a daily 15 FOOT WIDE LEY newspaper rinted in the English language ((��7 TH)FROM lsoo ST with general (GARSIDE 57REET,F P g 1'540 WEST ( R L circulation in Utah, and published in Salt Lake City, STREET FORMERL) K own Salt Lake County, in the State of Utah. AS"CUS4ER"AND`R )IN SALT El. �(�TT ,BY AMEfRI)INO SECfI N OF SAID BILL_ ' RECITALS That the legal notice of which a copy is attached hereto 1.Bill No.20 of 1984 sed the cdoNtona 4 prove for �Sosare s�M- nd Salt Lake City Ordinance NO. 68 of 1985 ner Avenue-(200 North a parallel 15N Vdde(17 ) Ias thev`rim eastlw tram 1 City to Ul1540 West la f Lake Extending the..expriation date..of Bill No. 20 of Mamie ff� �� e4 ..................... ........................... .............................. rFequit conditions In 5ectiotl 2 to be sans be-for&March' i was 1984 exteriji6d to"ch 1 t 3,1"6 by Bill8S. a ............................... III"ri-o'gii, to thet 1N�Council Of If Lace K'Utah. finds that If Is reosonc�l to amend Section 3 of BI(l;of 19q��,qs amended bV efll 9 of 1985 40SeAbkfteendlhefim. ImNc� ............................................................................................. "on 16 NOW,%HER FE OR�1 b6 N or'6 domed by the C C�otThcN of Solt�aeC was published in said newspaper on.................................. fence of Section 3 of Bill 20 of 1984 as amended by BNI 9 at to 1985 relating to the expiration Se p mber 12, 1985 date is hereby amendedty ex ........................................................ ................................. tending the some until March 13 1�98Tb6N 2. This 04nance ll....�� shall become effective'on the- ................................................ .... . ..... date of its first pubiicaliom Passed bVy the Cif Council a Legal A Vert' rig Cl Son Lake CNv 6A this 101h day of September.198S.: S Fonnesbeck. CHAIRMAN ATTEST: Kathryn Marshall CITY RECORDER Transmitted to Maya' OR September 10,198S. Mayor's Action: September 10,198A Palmer DePaWhn MAYOR ATTEST: S Ko"r` ........................ Marshall to before me this 14th. ..................................... day of CITM ... . (SEAL) t 811168 of 198S Published Sept 1%IN A.D. 19. 8 5 (p84.10) t M-94 t Notary Public My Commission Expires Marc h 1, 1988 ....... .. tr