011 of 1985 - Declaration of Intent for Improvements to Roads, Curbs and Gutters Salt Lake City, Utah
January 15 , 1985
A regular meeting of the City Council of Salt Lake City,
Salt Lake County, Utah was held on Tuesday, the 15th day of
January, 1985 , at the hour of 6 : 00 p.m. , at the regular
meeting place of said City Council at which meeting there
were present and answering roll call the following members
who constituted a quorum:
Sydney Reed Fonnesbeck Chairperson
Ronald J. Whitehead Councilmember
Grant Mabey Councilmember
Alice Shearer Councilmember
Ione M. Davis Councilmember
Edward W. Parker Councilmember
Earl F. Hardwick Councilmember
Also present :
Ted L. Wilson Maycr
Albert E. Haines Chief Administrative
Officer
Roger Cutler City Attorney
Linda Domino Chief Deputy
City Recorder
Absent :
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Thereupon the following proceedings , among others , were
duly had and taken:
Councilmember Mabey introduced the following resolution
in writing, which was read by title, and moved its adoption:
RESOLUTION NO. 11 of 1985
A RESOLUTION DECLARING THE INTENTION OF THE
CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY,
STATE OF UTAH, TO CONSTRUCT IMPROVEMENTS ON CERTAIN
STREETS WITHIN SAID MUNICIPALITY CONSISTING OF
IMPROVEMENTS TO ROADWAYS , CURB AND GUTTER AND
SIDEWALK, AND ALL OTHER MISCELLANEOUS WORK
NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER
WORKMANLIKE MANNER; TO CREATE SALT LAKE CITY, UTAH
CURB AND GUTTER EXTENSION NO. 38-685 ; TO DEFRAY THE
COST AND EXPENSES OF SAID IMPROVEMENT DISTRICT BY
SPECIAL ASSESSMENTS TO BE LEVIED AGAINST THE
PROPERTY BENEFITED BY SUCH IMPROVEMENTS : AND TO
PROVIDE NOTICE OF INTENTION TO AUTHORIZE SUCH
IMPROVEMENTS AND TO FIX A TIME AND PLACE FOR
PROTESTS AGAINST SUCH IMPROVEMENTS OR THE CREATION
OF SAID DISTRICT; AND TO AUTHORIZE ADVERTISEMENT OF
CONSTRUCTION BIDS .
BE IT RESOLVED by the Mayor and City Council of Salt
Lake City, Salt Lake County, Utah:
Section 1. The City Council of Salt Lake City, Salt
Lake County, Utah hereby determines , that it will be in the
best interest of said Municipality to make such improvements
that will cause all streets in the extension to be paved with
bituminous surface course placed on compacted gravel base , to
construct a drainage system, to construct curb and gutter and
sidewalk where it does not now exist ; to remove all existing
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non-conforming improvements in the way of new improvements ;
to construct driveways from the new curb and gutter to the
street edge of sidewalks ; and to complete the whole in a
proper and workmanlike manner according to the preliminary
design plans on file in the Office of the City Engineer of
Salt Lake City, Utah. The proposed district is more
particularly described in the Notice of Intention to
construct the proposed improvements hereinafter set forth.
Section 2 . The proposed district shall be known as
"Salt Lake City, Utah 1700 South Street Special Improvement
District No . 38-685" (the "District") .
Section 3 . The cost and expenses of a portion of the
proposed improvements shall be paid by a special tax to be
levied against the property fronting or abutting upon or
situated within the District to be improved or which may be
affected or specially benefited by any of such improvements ,
such tax to be paid in not more than ten (10) equal annual
installments with interest on the unpaid balance until due
and paid.
Section 4. Written protests against the proposed
improvements or against the creation of said District must be
presented and filed in the Office of the City Recorder on or
before the llth day of March, 1985 , at the hour of 5 : 00 p.m.
Thereafter at 6 : 00 p.m. on Tuesday, the 12th day of March,
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1985 at the City Council ' s Chambers in Salt Lake City, Utah,
any such protests shall be heard and considered by the City
Council . The City Recorder is hereby directed to give notice
of intention to make the proposed improvements and of the
time within which protests against the proposed improvements
or the creation of the District may be filed and the date
when such protests will be heard and considered by publishing
notice of intention to create the District in the Deseret
News , a newspaper of general circulation in said
Municipality, said notice to be published four times , once
during each week for four consecutive weeks , the last
publication to be not less than five (5 ) nor more than twenty
(20) days prior to the time fixed in the notice as the last
day for the filing of protests . In addition, the City
Recorder shall mail a copy of such notice by United States
Mail, 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 of said owners appearing on the last completed
real property assessment rolls of Salt Lake City , and in
addition, a copy of such notice shall be mailed, postage
prepaid, addressed to "Owner" at the street number of each
piece of improved property to be affected by the assessment ,
said notices to be so mailed not later than ten (10) days
t A ~N
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after the first publication of the Notice of Intention. Said
Notice shall be in substantially the following form:
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NOTICE OF INTENTION
PUBLIC NOTICE IS HEREBY GIVEN that on the 15th day of
January, 1985 , the Mayor and City Council of Salt Lake City,
Salt Lake County, Utah (the "City") , adopted a resolution
declaring its intention to create a special improvement
district to be known as Salt Lake City, Utah 1700 South
Street Special Improvement District No . 38-685 (the
"District") . It is the intention of the City Council to make
improvements within the District and to levy special taxes as
provided in Chapter 16 , Title 10 , Utah Code Annotated,
(1953) , as amended, on the real estate lying within the
District for the benefit of which such taxes are to be
expended in the making of such improvements .
DESCRIPTION OF DISTRICT
The District will be constructed within the following
described area and boundaries and upon the street named in
the section entitled "Street for Improvement" .
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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 .
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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.
A map of the District and rates for assessments are
available for review in the City Recorder' s Office. Also
available in the City Recorder' s Office is a list of all
property owners affected and the rate schedule for each.
Those property owners within the District whose property does
not abut the newly constructed improvements will not be
assessed.
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All other necessary work shall be done to complete the
whole project in a proper and workmanlike manner according to
plans , profiles and specifications on file in the office of
the Salt Lake City Engineer.
All non-conforming improvements such as lawns ,
sprinkling systems , rock gardens , driveways , curbs and
gutters , culverts , walks , fences , etc. , which have been built
or installed by abutting property owners within the area to
be improved, must be removed by the property owners at their
expense prior to the commencement of the project . If these
improvements are not removed by the property owners , they
will be removed by the contractor and disposed of by him as
directed by the Engineer. No fine grading or installing of
sprinkling systems will be done under this improvement
project .
In addition to the improvements for which property
owners in the District will be assessed, drainage facilities
will be constructed and paid for by the City to the extent
that funds are available.
ESTIMATED COST OF IMPROVEMENTS
The total cost of improvements in said proposed Special
Improvement District as estimated by the City Engineer is
$2 ,874 ,000 , of which it is anticipated the City will pay
approximately $2,553 , 100. The remainder of approximately
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$320 , 900 shall be paid by a special tax to be levied against
the property abutting upon the streets to be improved and
upon property which may be affected or specifically benefited
by such improvements . The commitment of the City to pay its
portion of the costs of improvements is subject to the
availability of funds and compliance with budget approval.
The estimated costs include an allowance for
contingencies and an allowance of approximately fifteen
percent (15%) for administrative costs , engineering, legal
and other costs in connection with the issuance of bonds .
The property owners ' portion of the total estimated cost of
the improvements may be financed during the construction
period by the use of interim warrants . The interest on the
warrants will be included in the costs to be assessed to the
property owners . The estimated cost to be assessed against
the properties within the District shall be as follows :
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Front Feet
Rate of Abutting Estimated Estimated
No . Improvements Property Cost/Foot Cost
1. 5 ' walk, curb and 6602 .44 $ 39 . 60 $261,456 . 62
gutter, 10 ' pavement
2 . Curb & gutter and 1959 . 05 29 . 00 56 ,812 .45
10 ' pavement
3 . Pavement 10 ' 132 . 00 19 . 60 2 ,587 .20
Total estimated Abutter' s portion $ 320 ,856 . 27
Total estimated City' s portion 2 ,553 , 143 . 73
Total estimated Project Cost $2 ,874 ,000 . 00
The abutter' s estimated cost per front
foot Rate No. 1 does include the cost
of driveways .
The estimated cost of the City ' s portion consists of the cost
of one half of all unclassified excavation, the cost of the
paving of all intersections , the cost of all drainage
systems , the cost of relocating water systems , and sewer
systems less resetting manholes and cleanout box covers and
frames , the cost of replacing any existing curb and gutter
and/or sidewalk necessitated by the new improvements and all
miscellaneous costs of the project .
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ASSESSMENTS AND LEVY OF TAXES
It is the intention of the City Council of Salt Lake
City, Utah to levy assessments as provided by the laws of
Utah on all parcels and lots of real property within the
zones of the District . The purpose of the assessment and
levy is to pay those costs of the subject improvements which
the City will not assume and pay. The method of assessment
shall be by front foot as set forth herein.
The assessments may be paid by property owners in ten
(10) equal annual installments with interest on the unpaid
balance at a rate or rates fixed by the City Treasurer, or
the whole or any part of the assessment may be paid without
interest within fifteen (15 ) days after the ordinance levying
the assessment becomes effective. The assessments shall be
levied according to the benefits to be derived by each
property within the District . Other payment provisions and
enforcement remedies shall be in accordance with Chapter 16
of Title 10 of Utah Code Annotated, (1953 ) , as amended.
A map of the proposed District and copies of the
preliminary design plans of the proposed improvements and
other related information are on file in the office of the
City Engineer who will make such information available to all
interested persons .
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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 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 . 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.
"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 payment required to be abated.
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
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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.
TIME FOR FILING PROTESTS
Any person who is the owner of record of property to be
assessed in the District described in this Notice of
Intention shall have the right to file in writing a protest
against the creation of the District or to make any other
objections relating thereto . Protests shall describe or
otherwise identify the property record by the person or
persons making the protest . Protests shall be filed with the
City Recorder of Salt Lake City, Utah, on or before 5 : 00 p.m.
on the llth day of March, 1985 . Thereafter at 6 : 00 p.m. on
the 12th day of March, 1985 , the City Council will meet in
public meeting at the City Council Chambers to consider all
protests so filed and hear all objections relating to the
proposed District .
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r
The protest rate shall be determined by totaling the
front footage of abutting property owners filing a protest
and dividing it by the total front footage of all abutting
property owners within the proposed district .
BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
/s/ Kathryn Marshall
City Recorder
Published in the Deseret News .
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Section 5 . The City Engineer is hereby authorized to
prepare a notice which calls for bids for the construction of
improvements contemplated to be made in Curb and Gutter
Extension No . 38-685 , and the City Recorder is hereby
authorized to publish the Notice to Contractors calling for
bids at least one time in the Deseret News , a newspaper of
general circulation in Salt Lake City, at least fifteen (15)
days before the date specified in the notice for the receipt
of bids .
Councilmember Davis seconded the motion to adopt the
foregoing resolution. The motion and resolution were
unanimously adopted on the following recorded vote :
Those voting AYE:
Sydney Reed Fonnesbeck Chairperson
Ronald J . Whitehead Councilmember
Grant Mabey Councilmember
Alice Shearer Councilmember
Ione M. Davis Councilmember
Edward W. Parker Councilmember
Earl F. Hardwick Councilmember
Those voting NAY:
None
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After the conduct of other business not pertinent to the
above the meeting was , on motion duly made and seconded,
adjourned.
2
airman
ATTEST: /
r i
Ci y Recorder
S —A� L )
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STATE OF UTAH )
ss .
COUNTY OF SALT LAKE )
I , Kathryn Marshall , the duly chosen, qualified and
acting City Recorder of Salt Lake City, Salt Lake County ,
Utah, do hereby certify as follows :
1. That the foregoing typewritten pages constitute
a full, true and correct copy of the record of proceedings of
the City Council taken at a regular meeting thereof held in
said Municipality on January 15 , 1985 , at the hour of 6 : 00
p.m. , insofar as said proceedings relate to the consideration
and adoption of a resolution declaring the intention of the
City Council to create 1700 South Street No . 38-685 , and make
certain improvements therein described as the same appears of
record in my office; and that the proceedings were in fact
held as in said minutes specified.
2 . That due, legal and timely notice of said
meeting was served upon all members as required by law and
the rules and ordinances of said Municipality.
3 . That the above resolution was deposited in my
office on January SI 1985 , has been recorded by me, and is
a part of the permanent records of Salt Lake City, Salt Lake
County, Utah.
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IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and affixed the seal of said Municipality
this /5-t day of January, 1985 .
i ec , er
J
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STATE OF UTAH ) AFFIDAVIT OF MAILING
ss . NOTICE OF INTENTION
COUNTY OF SALT LAKE )
I , Kathryn Marshall , the duly chosen, qualified and
acting City Recorder of Salt Lake City, Salt Lake County,
Utah, do hereby certify that the attached Notice of Intention
was approved and adopted in the proceedings of the City
Council had on Tuesday, the 15th day of January, 1985 .
I further certify that on the day of February,
1985 (a date not later than ten (10) days after the first
publication of the Notice of Intention) I mailed a true copy
of the Notice of Intention to create Salt Lake City, Utah
1700 South Street Special Improvement District No . 38-685 by
United States Mail , postage prepaid to each owner of land to
be assessed within the proposed 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 Salt Lake County , and in addition I
mailed on the same date a copy of said Notice of Intention
addressed to "Owner" addressed to the street number of each
piece of improved property to be affected by the assessment .
I further certify that a certified copy of said Notice
of Intention together with profiles of the improvements and a
map of the proposed District , was on file in my office for
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inspection by any interested parties .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said Salt Lake City, Salt Lake
County, Utah this day of February, 1985 .
Ci y ec rder
r
[ S E A L ] —.
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(Affidavit of proof of publication of the Notice of
Intention to create Salt Lake City, Utah 1700 South Street
Special Improvement District No . 38-685 . )
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STATE OF UTAH ) CERTIFICATE OF COMPLIANCE
ss WITH OPEN MEETING LAW
COUNTY OF SALT LAKE )
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 1985 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 1985 , by
causing a Notice of Annual Meeting Schedule for the Council
to be posted on January 4, 1985 , at the principal office of
the Council at City Hall, 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 City Hall until the date hereof; and causing
a copy of the Notice of Annual Meeting Schedule to be
provided on January 4, 1985 , to at least one newspaper of
general circulation within the geographic jurisdiction of the
Municipality 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 January 15 ,
1985 , was given by specifying in a Notice of Regular Meeting
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the agenda, date , time and place of the January 15 , 1985
Council Meeting and by causing the Notice of Regular Meeting
to be posted at the principal office of the Council at City
Hall in Salt Lake City, Utah, on the llth day of January,
1985 , a date not less than 24 hours prior to the date and
time of the January 15 , 1985 regular meeting; said Notice of
Regular Meeting having continuously remained so posted and
available for public inspection during the regular office
hours at City Hall until the date and time of the January 15 ,
1985 regular Council meeting; and causing a copy of the
Notice of Regular Meeting to be provided on January 11, 1985 ,
to at least one newspaper of general circulation within the
geographic jurisdiction of the Municipality or to a local
media correspondent .
IN WITNESS WHEREOF, I have hereunto set my handand
affixed the official seal of said City this 1.V - day of
January, 1985 .
Cit Rec f7der
[ S E A L ]
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Affidavit of Publication AD%I35A
STATE OF UTAH,
ss.
County of Salt Lake
Cheryl Gierloff
Being first duly sworn, deposes and says that he/she is
legal advertising clerk of the DESERET NEWS, a daily
newspaper printed in the English language with general
hµ circulation in Utah, and published in Salt Lake City,
Salt Lake County, in the State of Utah.
a�
That the legal notice of which a copy is attached hereto
Notice of Intention - S ecial Im rovement
- ...................................................?..............�?........................
'hY District 1700 South Street
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.............................................................................................
.............................................................................................
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was published in said newspaper on..................................
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Legal'Ad e. tising Cl rk
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before me this 4th ......................... day of
........ A.D. 19..85....
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Notary Public
March 1, 1988
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