111 of 1986 - Utah Concrete Replacement Special Improvement District 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, Concrete Replacement Special Improvement
District No. 40-R-7 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 Fonnesbeck introduced the
following resolution in writing which was read in full and
moved its adoption:
RESOLUTION NO. 111 of 1986
A RESOLUTION APPOINTING MEMBERS OF THE BOARD OF
EQUALIZATION AND REVIEW FOR SALT LAKE CITY, UTAH
CONCRETE REPLACEMENT SPECIAL IMPROVEMENT DISTRICT
NO. 40-R-7, 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 Concrete Replacement Special Improvement District
No. 40-R-7 (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
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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,
between the hours of 3:00 p.m. and 4:00 p.m., on October 22,
1986 between the hours of 4:00 p.m. and 5:00 p.m. and on
October 23, 1986 between the hours of 7:00 p.m. and 8:00 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:
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NOTICE OF MEETING
OF BOARD OF EQUALIZATION AND REVIEW
NOTICE IS HEREBY GIVEN that the work contemplated in
Salt Lake City, Utah Concrete Replacement Special Improvement
District No. 40-R-7 (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
3:00 p.m. and 4:00 p.m. and October 22, 1986 between the
hours of 4:00 p.m. and 5:00 p.m. , and on October 23, 1986
between the hours of 7:00 p.m. and 8:00 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:
Area•
Various locations within Salt Lake City limits or within the
following plats:
Block Nos. 2, 3, 16, 17, 20, 21, 34, 35, 36, 37, 38 and 39 of
Plat "A" ; Block Nos. 25, 32, 33, 34 and 35 of Plat "B" .
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Boundaries•
All improvements are on streets within the boundaries of Salt
Lake City
AREAS FOR IMPROVEMENT AND BASIS FOR ASSESSMENT
In the target area which lies between 400 South Street
and 900 South Street and between State Street and 700 East,
the abutting property owners whose property will be improved
will be assessed for such improvements built at the herein
below estimated rates per lineal foot or per square foot of
improvements; for removal and reconstruction of curb, gutter,
sidewalks, driveways, and recessed parking areas; for
construction of minor drainage facilities and wheelchair
ramps, where needed; for removal of illegal driveways and the
replacement in the place thereof of topsoil and sod; for
removal of deteriorated asphalt drives and replacement with
concrete, and all miscellaneous costs of the project.
All of the properties in the District which will receive
improvements have existing conditions which have resulted in ,
a designation of "defective concrete" under Salt Lake City
Ordinance No. 8 of 1983 (hereinafter sometimes referred to as
"Ordinance 8 of 1983" .
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
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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. "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
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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.
PASSED AND ADOPTED by the City Council of Salt Lake
City, Utah, this 2nd day of September, 1986.
/s/ Kathrvn Marshall
City Recorder
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After due consideration of said resolution by the City
Council, Councilmember Mabey 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.
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ADOPTED AND APPROVED this 2nd day of September, 1986 .
ChaitlDerson
ATTEST
C ty Recorder
( S E A L )
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(Other business was transacted. )
Upon motion duly made, seconded and unanimously carried,
the meeting was adjourned.
Chai ers n
ATTEST:
C Recorder ir
( S E A L )
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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
Concrete Replacement Special Improvement District No. 40-R-7
at least twenty ( 20) and not more than thirty-five ( 35) days
prior to the date said Board will begin its hearings .
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r
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of Salt Lake City this 2nd day of
September, 1986.
O -
-12- y Recorder
S E A L )
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 Concrete Replacement Special Improvement
District No. 40-R-7, 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
property to be assessed. Said Notices were mailed by me on
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 44�6, 1986.
C?,
City Recorder
( S E A L )
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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.
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f
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
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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��y
of September, 1986.
ity Recor er
( S E A L
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Affidavit of Publication ADM-35A
STATE OF UTAH,
SS.
County of Salt Lake
CHRIS ANDERSON
;QEE U IZ 4 i 2.
I
4 " ; Being first duly sworn, deposes and says that he/she is
low: legal advertising clerk of the DESERET NEWS, a daily
u. newspaper printed in the English language with general
L i s'I"'° " Ilia- circulation in Utah, and published in Salt Lake City,
Salt Lake County, in the State of Utah.
149b Nr That the le�„;,': gal notice of which a copy is attached hereto
NOTICE OF MEETING REPLACEMENT AND SF::CIAL IMPROVE)OMS
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MARCH 01,1988
...................................................... 0
I3. T. DAVIS
Affidavit of Publication ADM 35A
STATE OF UTAH,
SS.
County of Salt Lake
c= CHRIS ANDERSON
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me Beingfirst duly sworn deposes and says that he/she is
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legal advertising clerk of the DESERET NEWS, a daily
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le<, 1fie'prq ., circulation in Utah, and published in Salt Lake City,
Salt Lake County, in the State of Utah.
Of 14C ' P;
That the legal notice of which a copy is attached hereto
NOTICE OF MEETING REPLACEMENT AND SPECIAL IMPROVEMENTS
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