025 of 2011 - appointing a Board of Equalization and Review for the North Temple Viaduct, Special Assessment Area R 11-1
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RESOLUTION NO. 25 OF 2011
A Resolution of the City Council of Salt Lake City, Utah, appointing a
Board of Equalization and Review for Salt Lake City, Utah Special
Assessment Area (North Temple Viaduct) No. 109014; setting the dates
for the Board of Equalization to hear and consider objections and
corrections to any proposed assessments; authorizing the City Recorder to
publish and mail a Notice of Meetings of the Board of Equalization and
Review; and related matters.
WHEREAS, the City Council of Salt Lake City (the`Uty Council) adopted a
Notice of Intention to designate the Salt Lake City,Utah Special Assessment Area(North
Temple Viaduct) No. 109014 (the"Assessment Ared)on November 5, 2009 (the`Notice of
Intentions), and published said Notice of Intention for four consecutive weeks beginning
November 14, and ending on November 30, 2009, and mailed said Notice of Intention to
the owners of property proposed to be assessed as provided by law; and
WHEREAS, in accordance with the Notice of Intention and as required by law, a
hearing was held before the City Council on December 8, 2009 (the`2009 Hearing);and
WHEREAS, prior to and at the public hearing, persons having an interest in the
Assessment Area were allowed to protest the proposed improvements and/or the
designation of the Assessment Area; and
WHEREAS, after protests against the designation of the Assessment Area were
heard and considered, the City Council designated the Assessment Area by resolution
adopted on February 2, 2010; and
WHEREAS, the Office of the City Engineer has prepared a proposed assessment
list with respect to the Assessment Area; and
WHEREAS, the City Council desires to appoint a board of equalization and
review for the purpose of considering any objections and corrections to the proposed
assessment list:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SALT
LAKE CITY, UTAH AS FOLLOWS:
Section 1. As required by law, a Board of Equalization and Review (the
`Board) for the Assessment Area is hereby appointed, consisting of one member of the
City Council, a representative of the City Treasure's office, and a representative of the
City Engineees office as follows:
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Member of City Council
Representative of City Treasure's office
John Naser Representative of City Engineer's office
Section 2. The Board shall sit as the Board of Equalization and Review with
respect to the special assessments proposed to be levied and assessed on the property
within the Assessment Area and will meet in the first floor conference room at 349 South
200 East, Salt Lake City, Utah, on August 17, 2011, between the hours of 5:00 p.m. to
6:00 p.m.; on August 18, 2011, between the hours of 2:00 p.m. and 3:00 p.m.; and on
August 19, 2011, between the hours of 12:00 p.m. (noon) and 1:00 p.m. to hear and
consider any objections to and make corrections of any proposed assessments that the
Board may deem unequitable or unjust.
Section 3. The City Recorder is hereby authorized and directed to publish and
mail, as provided by law and the ordinances of the City, a notice of meetings of the
Board, said notice to be in substantially the following form:
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NOTICE OF MEETINGS OF BOARD OF EQUALIZATION AND REVIEW
NOTICE IS HEREBY GIVEN that the proposed assessment list for the Salt Lake
City, Utah Special Assessment Area (North Temple Viaduct) No. 109014 (`Assessment
Ared) has now been completed and is available for examination at the Salt Lake City
Recorder's office located at 451 South State Street, Salt Lake City, Utah. The City
Council has appointed a Board of Equalization and Review (the`Board) to hear and
consider objections to the proposed assessments to be levied within the Assessment Area
relating to (a) the direct or indirect benefit accruing to the property proposed to be
assessed and/or(b) the amount of the proposed assessment.
The total cost of the Improvements $71,000,000
The amount of the total cost to be paid by the City and other
governmental entities:
Utah Transit Authority 25,000,000
State of Utah 20,000,000
Federal Highway Funds through Wasatch Front Regional 5,730,000
Council funds
City 15,944,757
The amount of the assessment to be levied against benefited 4,325,243
property within the Assessment Area
The assessment method used to calculate the proposed Taxable or final value of
assessment property as set forth in tax
rolls of Salt Lake County
The unit cost used to calculate the assessments shown on the .051%
assessment list, based on the assessment method used to
calculate the proposed assessment
The proposed assessments to be levied are for the purpose of paying a portion the
costs of replacing the existing North Temple Viaduct with an auto/light rail viaduct and
related improvements within the Assessment Area.
As required by law,three persons have been duly appointed to serve on the Board.
The Board will meet in the first floor conference room at 349 South 200 East, Salt Lake
City, Utah, on August 17, 2011, between the hours of 5:00 p.m. to 6:00 p.m.; on August
18, 2011, between the hours of 2:00 p.m. and 3:00 p.m.; and on August 19, 2011,
between the hours of 12:00 p.m. (noon) and 1:00 p.m. to hear and consider any objections
to and make any corrections of any proposed assessments that the Board may deem
unequitable or unjust.
On each of the dates specified above, the proposed assessment list and plats and
amounts of the proposed assessment against each parcel of property shall be open to
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public inspection continuously from 8:00 a.m. to 5:00 p.m. at the Office of the City
Engineer of Salt Lake City, Utah, located at 349 South 200 East, Salt Lake City, Utah.
Appeal from a decision of the Board of Equalization and Review may be taken to
the City Council of the City by filing a written notice of appeal in the office of the City
Recorder within fifteen (15) days from the date the Boards final report to the City
Council is mailed to the affected property owners.
By resolution of the City Council of Salt Lake City, Utah,this July 19, 2011.
(SEAL)
/s/
City Recorder
Published one time in the Deseret News on July 20, 2011
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Section 4. The City Recorder is hereby directed to enter the foregoing
proceedings upon the records of the City, and to cause the notice set forth in Section 3 to
be published (i) in one issue of the Deseret News, a newspaper published in the City 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, and (ii) on the Utah Public Notice Website created in Utah
Code, Section 63F-1-701 for at least 35 days immediately before the date on which the
Board of Equalization and Review will begin hearings.
A copy of the notice set forth in Section 3 above shall not later than ten(10) days
after the first publication of such notice in the Deseret News, be mailed, postage prepaid,
to each owner of land to be assessed within the Assessment Area 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. In addition, a copy of such notice shall be addressed to`Dwnefand shall be so
mailed, addressed to the street number of each of the improved properties to be affected
by the assessment.
After due consideration of said resolution by the City Council, Councilmember
Penfold moved and Councilmember Christensen seconded its adoption and the same was
adopted by the following vote:
AYE: Jill Remington-Love
Stan Penfold
Soren Dahl Simonsen
JT Martin
Van Blair Turner
Carlton Christensen
NAY: Luke Garrott
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ADOPTED AND APPROVED this July 19, 2011.
(SEAL)
ire r: y Chair
ATTEST:
By:
—Ae%n%PI A LOP)
0EPA'I ityForder
APPROVED AS TO FORM
Salt Lake City
Date �j'Z?
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PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for his approval or
disapproval on 3t 3 , 2011.
A,QT4
By:
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved this fitly 13, 2011.
By: �L!
Mayor
DMWEST#8300732 v2 8 Board of Equalization Resolution
STATE OF UTAH }
. ss.
COUNTY OF SALT LAKE )
I, Beverly Jones, the duly appointed, qualified, and acting City Recorder of Salt
Lake City, 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, July 19, 2011, at the hour of 7:00 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 delivered to the Deseret News, a newspaper published in
Salt Lake City and having general circulation therein, a notice of meetings of the Board
of Equalization and Review for the Salt Lake City, Utah Special Assessment Area(North
Temple Viaduct) No. 109014, for publication at least twenty (20) and not more than
thirty-five (35) days prior to the date said Board will begin its hearings.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Salt Lake City, Utah,this July 19, 2011.
,a .n
By:
C ty ecorder
DMWEST#8300732 v2 9 Board of Equalization Resolution
STATE OF UTAH )
: ss. MAILING CERTIFICATE
COUNTY OF SALT LAKE )
1, Beverly Jones, the duly appointed, qualified, and acting City Recorder of Salt
Lake City, Utah, do hereby certify that I mailed a copy of the Notice of Meetings of the
Board of Equalization and Review, postage prepaid, to each owner of property to be
assessed within Salt Lake City, Utah Special Assessment Area (North Temple Viaduct)
No. 109014, 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`Owned'at the street number of each piece of improved
property to be assessed. Said Notices were mailed by me on July 20 , 2011, that being
not later than ten(10) days after the first 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 Jitify�, 2011.
Av5
By:
?-A DE fLAI i ecorder
v
DMWEST#8300732 v2 10 Board of Equalization Resolution
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the Notice of Meetings of the Board of Equalization and Review was
published one time in the Deseret News and published on the Utah Public Notice Website
(http://pmn.utah.gov)
DMWEST#8300732 v2 I I Board of Equalization Resolution
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Beverly Jones, the undersigned City Recorder of Salt Lake City, Utah (the
`City), do hereby certify, according to the records of the City in my official possession,
and upon my own knowledge and belief, that in accordance with the requirements of
Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty-
four (24) hours public notice of the agenda, date, time, and place of the July 19, 2011,
public meeting held by the City Council of the City as follows:
(a) By causing a Notice, in the form attached hereto as Schedule A, to
be posted at the City Councirs principal offices at the City and County Building,
Salt Lake City, Utah, on July 15, 2011, at least twenty-four (24) hours prior to the
convening of the meeting, said Notice having continuously remained so posted
and available for public inspection until the completion of the meeting;
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule A,to be delivered to the Deseret News on July 15, 2011, at least twenty-
four(24)hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice to be posted on the Utah Public
Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the
convening of the meeting.
In addition, the Notice of 2011 Annual Meeting Schedule for the City Council
(attached hereto as Schedule B) specifying the date, time, and place of the regular
meetings of the City Council to be held during the year,was given by causing said Notice
to be (a) posted on Dyc_. 3 _Zola , at the principal office of the City Council, (b)
provided to at least one 'newspaper of general circulation within the Issuer on
s A+o 3, _9,011 and (c) published on the Utah Public Notice Website
(http://pmn.utah.gov) during the current calendar year.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
July 19, 2011.
CI.yri%I
By
Oef Cd Ocorder
DMWEST#8300732 Q 12 Board of Equalization Resolution
SCHEDULE A
NOTICE OF MEETING
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SCHEDULE B
NOTICE OF ANNUAL MEETINGS
DMWEST#8300732 v2 14 Board of Equalization Resolution
Salt Lake City, Utah
July 19, 2011
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, July 19, 2011, at the hour of 7:00 p.m., at the offices of the City Council at 451
South State Street, Salt Lake City, Utah, at which meeting there were present and
answering roll call the following members who constituted a quorum:
Jill Remington-Love Chair
Stan Penfold Vice Chair
Soren Dahl Simonsen Councilmember
JT Martin Councilmember
Van Blair Turner Councilmember
Luke Garrott Councilmember
Carlton Christensen Councilmember
Also present:
Ralph Becker Mayor
Edwin P. Rutan, Il City Attorney
Beverly Jones City Recorder
Absent:
After the conduct of other business not pertinent to the following, the Chair stated
that the Office of the City Engineer had prepared the assessment list for the Salt Lake
City, Utah Special Assessment Area (North Temple Viaduct) No. 109014 (the
`Assessment Ared), for action and consideration by the Board of Equalization and Review
and by the City Council,which assessment list is on file in the office of the City Recorder
and available for inspection by any interested property owner.
Thereupon,the following resolution was read in full:
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