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012 of 1983 - Declaration of Intention to make improvements to Special Improvement District Q 83-4 Salt Lake City, Utah February 15 , 1983 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday, the 15th day of February, 1983 , 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: Grant Mabey Chairman and Councilmember Sydney Reed Fonnesbeck Councilmember Palmer DePaulis Councilmember Ronald J. Whitehead Councilmember Alice Shearer Councilmember Ione Davis Councilmember Edward Parker Councilmember Also present : Ted L. Wilson Mayor Albert Haines Director of Finance & Administrative Services Kathryn Marshall City Recorder Absent : Thereupon the following proceedings , among others , were duly had and taken: r • Councilmember Shearer introduced the following resolution in writing, which was read in its entirety, and moved its adoption: RESOLUTION NO. 12 OF 1983 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 THE REMOVAL AND RECONSTRUCTION OF DETERIORATED CURB AND GUTTER, SIDEWALK AND DRIVEWAYS; REMOVAL OF ILLEGAL DRIVEWAYS AND SETBACK PARKING; INSTALLATION OF WHEELCHAIR RAMPS, WHERE NEEDED, AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER WORKMANLIKE MANNER, INCLUDING PLACEMENT OF TOPSOIL AND SODDING WHERE REQUIRED; TO CREATE SALT LAKE CITY, UTAH CONCRETE REPLACEMENT SPECIAL IMPROVEMENT DISTRICT NO. 40-R-5 ; 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. BE IT RESOLVED by the 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 construct street improvements to include removal and reconstruction of deteriorated curb and gutter, sidewalk and driveways ; removal of illegal driveways and setback parking; installation of wheelchair ramps , where needed, place topsoil and sodding and install drainage facilities and other utility improvements and modifications , and to complete the whole in a proper and workmanlike manner •t -2- according to plans , profiles and specifications on file in the Office of the City Recorder of Salt Lake City, Utah. A description of 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 Concrete Replacement Special Improvement District No. 40-R-5" (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 adjacent to 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 five (5) equal annual installments with interest on the unpaid balance until due and paid. An allowance shall be made for corner lots as provided by city ordinance so that such lots are not assessed at full rate on both streets . Section 4. Written protests against the proposed improvements or against the creation of the District must be presented and filed in the Office of the City Recorder on or before the 4th day of April , 1983 , at the hour of 5 : 00 p.m. Thereafter at 6 :00 p.m. on Tuesday, the 5th day of April, 1983 , at the City Council 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 -3- .0# 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 Salt Lake City, Utah Concrete Replacement Special Improvement District No . 40-R-5 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 Treasurer shall mail a copy of such notice 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 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 after the first publication of the Notice of Intention. Said Notice shall be in substantially the following form: -4- NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 15th day of February, 1983 , the Mayor and City Council of Salt Lake City, Salt Lake County, Utah, adopted a resolution declaring its intention to create a special improvement district to be known as Salt Lake City, Utah Concrete Replacement Special Improvement District No . 40-R-5 (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 streets named in the section entitled "Streets for Improvement" . Area: Various locations within Salt Lake City limits or within the following plats : Block No. ' s 37 , 38 , 39 , 46 , 47 , 48 , 51, 52, 53 , 60, 61 and 62, Plat "B" , Salt Lake City Survey, and Block No. ' s 6 , 7 , 8 , 9 , 10 , 19 , 20, 21, 22 , 23 , 34, 35 , 36 , 37 , 38 and 47 , Plat "D" , Salt Lake City Survey; (Known as "Target Area No. 1") , plus St . Mary' s Way and various City non-contiguous streets . Boundaries All improvements are on streets within the boundaries of Salt Lake City. -5- STREETS FOR IMPROVEMENT AND BASIS FOR ASSESSMENT In the following designated areas , the abutting property owners whose property will be improved will be assessed for such improvements built at the herein below estimated rates per front foot of abutting property or square foot of improvements ; for removal and reconstruction of curb and gutter, sidewalks , driveways , and recessed parking areas , for construction of drainage facilities and wheelchair ramps , where needed, for removal of illegal driveways and the replacement in the place thereof of topsoil and sod, and all miscellaneous costs of the project as follows : 1. Target Area No. 1 consists of the blocks which lie between 4th Avenue and 4th South Street and between State Street and 7th East . 2. St . Mary' s Way in Oak Hills Plat A-1, B and C. 3 . Various other property owners who have signed up for replacement of defective concrete . 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") . Inclusion of each property in the District is based on the assumption that each respective property owner has or will elect not to proceed with the owner' s own contractor to replace the defective concrete . A separate notice under Ordinance 8 of -6- 1983 explains the options available and how property owners may notify the City of the alternative selected by the owner. Reference is made to Ordinance 8 of 1983 and to the Notice of Defective Concrete for further information. A map of Target Area No . 1 and rates for assessments is 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. All other necessary things 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 Public Works Director. All nonconforming 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. 'r -7- ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the City Engineer is $1,481,916 . 63 , of which the Municipality will pay $371,991. 75 , leaving a remainder of $1, 109 ,924.88 (excluding private driveways) , which shall be paid by a special tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements . The estimated costs include 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 said warrants will be assessed to the property owners . The estimated cost to be assessed against the properties within Concrete Replacement Special Improvement District No. 40-R-5 shall be as follows : -8- RATE ESTIMATED ESTIMATED NO. IMPROVEMENT QUANTITY COST PER UNIT COST 1 . Remove & Replace 4" 82 ,646 S .F. $ 3 . 48 $ 287 ,608 . 08 Concrete Sidewalk 2 . Remove & Replace 6" 12 ,301 S.F. 4 . 10 50 ,434 . 10 Concrete Sidewalk 3 . Remove & Replace 6" 10 ,002 S.F. 4 . 28 42 ,808 .56 Concrete Driveways 4 . Remove & Replace 7" 33 ,961 S.F. 4 . 75 161 ,314 .75 Concrete Driveways 5 . Remove & Replace 7-B 22 ,818 .5 L.F. 18 . 13 413 ,699 . 41 Type Curb & Gutter 6 . Remove & Replace 862 .5 L.F. 30 .00 25 ,875 .00 Concrete & Pipe Driveway Approaches 7 . Remove Illegal 17 ,760 S .F. 2 .56 45 ,465 . 60 Driveways & Replace with Topsoil & Sod 8 . Remove & Replace 290 L.F. 60 .00 12 ,540 ,00 Sandstone Curb & Concrete Gutter 9 . Remove & Replace 1 ,336 . 75 L.F. 52. 50 709179 . 38 Special Curb & Gutter & Sidewalk Section TOTAL ESTIMATED ABUTTER' S PORTION $1 ,109 ,924 .88 TOTAL ESTIMATED CITY' S PORTION 371 ,991 . 75 ESTIMATED PROJECT COST $1 ,481 ,916 .63 The Abutter' s estimated cost per front foot or square foot does not include the cost of driveways which will vary according to width, length, and amount of parking area to be covered. These costs are estimated to be approximately b $3 .00 per square foot `fior flare and dip type driveways and $55 .00 per linear foot for pipe drive including apron and -9- waterway. The cost of driveways will be assessed against the properties benefited in addition to the assessment for sidewalk, curb and gutter, paving and miscellaneous . Because of the damage caused by a broken water main to the existing curb and gutter and sidewalk along the north right-of-way line of St . Mary' s Way, the City has allocated an additional $10 ,000.00 to assist in the cost of repairs . The full extent of the damage cannot be determined until construction begins . At the time of assessment , the damages will have been determined and those owners along the north right-of-way whose property has been damaged will have their assessment rates adjusted according to the extent of damages and the availability of allocated funds . The estimated cost of the City' s portion consists of the cost of one half of all unclassified excavation, one-half of the cost of improvements where the abutting property contains a residence or residences as defined in Ordinance 8 of 1983 , all of the cost of drainage systems , cleanout boxes and all miscellaneous costs of the project . The proposed assessments will be equal and uniform based on benefits received, but under Ordinance 8 of 1983 , the City' s portion varies depending on factors such as the use to which the abutting property is put by the owners . The adjustment for the City' s portion has been taken into account in the table above so that the Estimated Cost per unit represents -10- .Y the net estimated cost to be assessed to the property owner and the City' s portion will be in addition to that amount . 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 District . The purpose of the assessment and levy is to pay those costs of the subject improvements which the Municipality will not assume and pay. The method of assessment shall be by lineal front foot or square foot as set forth herein. The assessments may be paid by property owners in five (5) 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 , copies of preliminary plans and profiles 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 . -1��. 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 Concrete Replacement Special Improvement District No. 40-R-5 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 office of the City Recorder, Utah, on or before 5 :00 p.m. on the 4th day of April , 1983 . Thereafter at 6 :00 p.m. on the 5th day of April , 1983 , 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 Concrete Replacement Special Improvement District No . 40-R-5 . Persons filing protests may not be required to participate in this District , but such protests and/or the elimination of property from this District shall not have any effect on the determination of the existence of defective concrete under Ordinance 65-82 and the responsibility imposed by said Ordinance for replacement of such defective concrete. BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH /s/ Kathryn Marshall City Recorder Published in the Deseret News . -12- Section 5 . The City Engineer is hereby instructed to prepare a notice which calls for bids for the construction of improvements contemplated to be made in Concrete Replacement Special Improvement District No. 40-R-5 , and the City Recorder is hereby instructed 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: Grant Mabey Sydney Reed Fonnesbeck Palmer DePaulis Ronald J. Whitehead Alice Shearer Ione Davis Edward Parker Those voting NAY: None -13- After the conduct of other business not pertinent to the above the meeting was , on motion duly made and seconded, adjourned. Chai an ATTEST Ci yit ecorder -14- 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 February 15 , 1983 , 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 Concrete Replacement Special Improvement District No . 40-R-5 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 February 15 , 1983 , has been recorded by me, and is a part of the permanent records of Salt Lake City, Salt Lake County, Utah. -15- e f IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of said Municipality this,�day of February, 1983 . t ryn Marshall ( S E A L ) -16- 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 February, 1983 . I further certify that on they- day of � , 1983 , (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 Concrete Replacement Special Improvement District No. 40-R-5 , 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 affect 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 inspection by any interested parties . r F -17- 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 �CZ � 1983 . ty Recorder ( S E A L ) -18- (Affidavit of proof of publication of the Notice of Intention to create Salt Lake City, Utah Concrete Replacement Special Improvement District No. 40-R-5 . ) -19- CERTIFICATE OF COMPLIANCE WITH RESPECT TO PUBLIC NOTICE OF A REGULAR MEETING I, Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that pursuant to Utah Code Annotated, Section 52-4-6 (1953) , as amended, there was posted (at least twenty-four (24) hours prior to the meeting time) at the principal office of the City Council , written notice of the regular meeting of the City Council held on February 15 , 1983 , at the regular meeting place . The written notice contained the agenda, date, time and place of the regular meeting. I further certify that Notice of Regular Meeting was provided to a local news media correspondent , or to a newspaper of general circulation within the geographic jurisdiction of the City at least twenty-four (24) hours prior to said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this ,( day of February, 1983 . i C't Re6oider ( S E A L ) -20- CERTIFICATE OF COMPLIANCE WITH RESPECT TO THE ANNUAL PUBLIC NOTICE OF REGULAR MEETING SCHEDULE I , Kathryn Marshall , the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that pursuant to Utah Code Annotated, Section 52-4-6 (1953) , as amended, notice was provided to a local media correspondent , or to a newspaper of general circulation within the geographic jurisdiction of the City (at least once during the calendar year 1983) , public notice of the annual regular meeting schedule for 1983 , with the date, time and place of such meetings . I further certify that there was also posted (at least once during the calendar year 1983 ) at the principal office of the City Council, public notice of the annual regular meeting schedule for 1983 , with the date , time , and place of such meetings . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Municipality this day of February, 1983 . i y Recorder ( S E AL ) -21-