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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 crs rn ua. rn rP �j � I C w00 " 4i 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 cv G U TW �l+V^ W r C� _ " + P 84-10 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 cd r 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: - -- C74 00 CITY RECORDER i-i Cn V -2- O� 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 _ Published: March 13, 1985 4A C= ran 1011, C-J, en C) rn co Co fj 00 t GJ —3— r , ' P 84-10 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 -2- �lv� 4 D> � r'v Transmitted to Mayor on March 11, 1985 Mayor 's Action: March 12, 1985 r!"1 1 MAYOR ATTEST: CITY RECORDER cm107 ( SEAL' Sill----2_of 19 8_,.5,.., Published: March 13, 1985 -3- Affidavit of Publication ADM 35A STATE OF UTAH, SS. County of Salt Lake ........Chexxl...aC xX1QXX.......................................................... err L c nN9p r off chve date of rp �a�•"?�_ 1�',�lf+< of 984} Y ';• 1 XTE DN HEEPR6 T{V�D/�'t OF �1L1 �ppi� e4 EU,TIN T Hff�I! REOFa�pR Being first duly sworn, deposes and says that he/she is TtO t1�UfNGR AVENUE( 0 NORTH AN '¢P (L��. legal advertising $c- _ Y'(lj$NORTH-ER9i7 g g clerk of the DESERET NEWS, a daily 1r � y1� Y KNOW 'A5" 1 I�jN TO 540 fi�C N LI:.'S'1R Ts 50RM LV 14 lA1N.�,s''"CUS- newspaper printed in the English language with general AND�.4Yocce"tnN 1E,tlacl '1T, 4�b� NR, 'NOg " B: RasSedMarcH+�a,1984F' a� d}« circulation in Utah, and published in Salt Lake City, Bill 9•� Glasure of Sumner Avenuea200Ih)aett'c Salt Lake County, in the State of Utah. frptd�,�,,;(�Kworbi)as they run"/W9s�:bom t in'Satt Lake CTtY:UtQh.:settlOn 9 Rf sa1d;B111 s fare March . - u . 4 1e I- That the legal notice of which a copy is attached hereto •. ntq•tp b�3at(sftet�before March 13i'1685. on ` •.••" .Puts!�Q�;tofheregtie tmadebvthe•P Nt��+,r±f'effl P�Sb"Rs#1�CNY Coitncll of Sa1RL�k� Yr�Y'4H r�+ Q 1.�$a� ,ts.rka?:0 able to pinend SeG�lon 3 oT,9111'-=7� 4 4 T�_o x � � �� Q Q }�fl I mlKdlon sfA months ' nCll of �7�EFORE,tie,li ordained tff the City+ *. Sat e It, 1 ,- u Utah: ,! s. r:;. •. VTlQ'N��f.'That$eCNbn of-Bill' o�198drelaN9jrl'me � �� � � �Q �a�� O ��.1,1 I�7Q 2Q e e tfdte•t�f "whites eonditton of'Sectlon.�^of 6Qi as ........ fled, Qnd the'-same)s.hereby eiaded Y1Q..t ��(� u (s to'i$ad 4s(allows: bY,S X.�m.+0 Hi�s SETT O n Tbhg male nctfve vntll'rec&bfdes 'th Ve= cp}dM�r 41 of salt 4akeeau�M�t�ow ver to a Skit�atse Jg +'cor - o ..7.9.8.4....................................................................... ef'IS InSbucted'nof to-'t d•�Is Ordlnfince u�ih�Nlavor veriUes'tha, _ Coridftlons'ub$64'Ueift huve'B4tett. lied of pro d�d,far tiv.an Bxec(�fed a94et' ant•U��0 � �and a��ry on os sf�all! rBpresented btiev L3'y 9 C- rygttornev•• a(U�ar mQ�transferhep�bpe m$Ron ti6 tlnftn51rUc1 the�`�tM(1er tO'reC6f l.ttid.r t`((��H'ryEe con-1 f"r u lose However •tt�efo�eg�- cu�tly Wft(h@,'t�lOnS doc or before M In9�ndiNons[(r not{ PleteQ 9hioid:'of'no�t'And no ............................................................................................. 198 Is..()Vdt ce•, '1 be null, rec6tdin0'1hee�er'8.dPbe OIIOWi d• TT shall bodnie'eff$� O..##the �- �QnCe , L I�,.,.: dare �t*11 of Satr e :utah�?hIi was published in said newspaper on.................................. dq _fin. �•;:�::: �>,y ^_ .� •:y;,�;: _ March 13 orsh Maygr on lyarch 11;1985d`, v yM,4rd►12y.J,985 Js/,T d Qson �<s t Sri �lf LegaYAd rtising�k al Pub((g� C Subscribed and sworn to before me this ........................4th.,,,,,.. day of �PxiUl.................................... A.D. 19..85.... Notary Public My Commission Expires - = .. ` . t March 1, 1988 ...................................................... ,i'- = - �,, -- ,.y -� it