108 of 1982 - Utah Curb & Gutter Extension Q 82-34
Salt Lake City , Utah
December 14, 1982
A regular meeting of the City Council of Salt Lake
City , Salt Lake County , Utah was held on Tuesday , the 14th
day of December, 1982 , 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 and
Councilmember
Palmer A. DePaulis Councilmember
Grant Mabey Councilmember
Ronald J. Whitehead Councilmember
Alice Shearer Councilmember
Ione M. Davis Councilmember
Edward W. Parker Councilmember
Also present :
Albert E. Haines Director of Finance and
Administrative Services
Roger Cutler City Attorney
Absent :
Ted L. Wilson Mayor
Thereupon the following proceedings , among others , were
duly had and taken:
Councilmember Parker introduced the following
resolution in writing and moved for its adoption:
RESOLUTION NO. 108
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 CONSTRUCTION OF CURB AND GUTTER,
SIDEWALK, ROADWAY AND DRAINAGE FACILITIES , 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. 38-681; 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 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
trees where they are in the way of new improvements ; to
remove all existing 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
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according to the preliminary design plans on file in the
Office of the City Engineer 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 Curb and Gutter Extension No . 38-681"
(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 ten (10) 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 assessments for
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 17th day of January, 1983 , at
the hour of 5 :00 p.m. Thereafter at 6 : 00 p.m. on Tuesday,
the 18th day of January , 1983 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
-3-
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 said
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 Curb and Gutter Extension No.
38-681 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 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 14th day of
December , 1982 , 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 Curb and Gutter Extension No.
38-681 . 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 said
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:
Block Nos. 382 , 383 & 453 Deskys 2nd Addition, Sidwell Map
Nos . 15-12-32 & 15-12-4 ; Block Nos . 458 & 459 , Fox' s Subd .
and New London Subd. , Sidwell Map No. 15-12-41 ; Block Nos.
477 , 480 & 481 , Holland Subdivision , Sidwell Map Nos .
15-12-41 & 15-12-42 ; Block Nos. 478 , 479 & 482 , North
Columbia Subdivision Blocks 7 & 8 , Sidwell Map No. 15-12-42 ;
Block Nos. 352 & 353 , Columbia Subdivision, Block Nos . 354 &
355 , Montana Subdivision, Sidwell Map No. 16-7-31 ; Block
Nos . 357 , 358 & 379 , Nyes Addition , Sidewell Map Nos .
16-7-31 & 16-7-32 .
Boundaries
North - North Side of 13th South Street
South - South Side of 13th South Street
East - West Side of 2nd East Street
West - East Side of 4th West Street
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STREETS FOR IMPROVEMENT AND BASIS FOR ASSESSMENT
Along the following named streets 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 concrete sidewalk where it
does not now exist and for the abutter' s portion of certain
miscellaneous costs of the project as follows :
1300 SOUTH STREET - NORTH SIDE
From 400 West Street to 300 West Street 712 . 30 feet - Rate
No. 1 .
From 300 West Street to 200 West Street 707 . 03 feet - Rate
No. 1 .
From 200 West Street to West Temple Street 693 . 40 feet -
Rate No. 1 .
From West Temple Street ; thence East to the Public Alley
144 . 375 feet - Rate No. 1 .
From the Public Alley to- Richards Street 144 . 375 feet - Rate
No. 3 .
From Richards Street to vacated Public Alley 160 . 875 feet -
Rate No. 1 .
From vacated Public Alley to Main Street 144 . 375 feet - Rate
No. 3 .
From Main Street to Major Street 288 . 75 feet - Rate No . 1 .
From Major Street to State Street 288 . 75 feet - Rate No. 1 .
1300 SOUTH STREET - SOUTH SIDE
From 400 West Street; thence East 582 feet - Rate No. 1 .
From 300 West Street; thence West 138 feet - Rate No. 4 .
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From 300 West Street to 200 West Street 702 .60 feet - Rate
No. 1 .
From 200 West Street to Jefferson Street 313. 5 feet - Rate
No . 1 .
From Jefferson Street to West Temple Street 313 .5 feet -
Rate No. 1 .
From West Temple Street to Main Street 693 feet - Rate No.
2 .
From Clain Street ; thence East 184 .5 feet - Rate No. 4 .
From Major Street; thence West 106 feet - Rate No. 2 .
From Major Street to state Street 290 feet - Rate No. 4 .
From State Street to Edison Street 314 feet - Rate No. 4 .
From Edison Street ; thence East 243 feet - Rate No. 4 .
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.
Parking areas , i.e. , those areas between the back of
new curb and the street edges of existing sidewalk , not
-7-
occupied by housewalks or driveways will be brought to
finished grade using the existing soil unless the property
owner desires a 4-inch trough be left for placement of
topsoil at his expense and labor , or if so elected the
property owner can choose to have topsoil and sod furnished
and placed by the contractor at the owner' s expense at an
estimated cost of $0 . 50 per square foot ; this cost to be
assessed only against those properties where the owners
request in writing the furnishing and placement of sod and
topsoil. 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 Municipality from
County Flood Control Funds to the extent such funds are
available . In addition , it is the intention of the City to
allocate monies from the Collector Road Fund to reduce the
portion of the cost of improvements to be borne by abutting
property owners .
ESTIMATED COST OF IMPROVEMENTS
The total cost of improvements in said proposed Special
Improvement District as estimated by the City Engineer is
$3 ,645 ,564 , of which it is anticipated the Municipality will
pay approximately $3 ,472 ,657 , of which $2 ,771 ,093 has
received budget approval. Construction contracts requiring
payment from the approximately $701 ,654 which has not yet
-8-
been included in an adopted budget, will not be entered into
until and unless a budget appropriation has been approved
covering the remainder of the Municipality' s portion. The
balance of approximately $172 ,907 (plus private driveways ,
topsoil and sodding) , 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 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 said
warrants will be assessed to the property owners . The
estimated cost to be assessed against the properties within
Curb and Gutter Extension No. 38-681 shall be as follows :
-9-
Rate Front Feet of Estimated Estimated
No. Improvements Abutting Property Cost/Foot Cost
1 5 . 5 ' Sidewalk curb &
gutter & 10 ' Pavement 4 ,007 . 28 $ 36. 09 $ 144 , 622 .74
2 Curb & Gutter & 10 '
Pavement 574 . 00 $ 25 . 86 14 ,843. 64
3 5 ' . 5 Sidewalk & 10 '
Pavement 138 . 75 $ 28 .39 3 ,939. 11
4 10 ' Pavement 625 . 50 $ 15 . 19 9 ,501 .35
TOTAL ESTIMATED ABUTTERS PORTION $ 172 ,906 . 84
TOTAL ESTIMATED CITY PORTION $ 3 ,472 ,657 . 16
TOTAL ESTIMATED COST OF PROJECT $ 3 ,645 ,564 . 00
The Abutter' s estimate cost per front 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 $3 .00 per
square foot for flare and dip type driveways and $55 . 00 per
linear foot for pipe drive including apron' and 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.
The estimated cost of the City' s portion includes 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
-10-
improvements and all miscellaneous costs of the project .
Approximately $701 ,654 of the estimated portion to be paid
by the City has not yet been included in an adopted budget.
Appropriation of this amount for use in this District is
subject to its inclusion and approval in the budget for the
fiscal year commencing July 1 , 1983 .
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 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
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other related information are on file in the office of the
City Engineer who will make such information available to
all interested persons.
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 assessments for the proposed improvements or against
the creation of Curb and Gutter Extension No. 38-681 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 17th day of January, 1983 .
Thereafter at 6 : 00 p.m. on the 18th day of January , 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 Curb and Gutter
Extension No. 38-681 .
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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Councilmember Mabey 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
Palmer A. DePaulis
Grant Mabey
Ronald J. Whitehead
Alice Shearer
Ione M. Davis
Edward W. Parker
Those voting NAY: None
After the conduct of other business not pertinent to
the above the meeting was , on motion duly made and seconded,
adjourned.
Chairperson
ATTEST:
r
C f Re order
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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
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 December 14, 1982 , 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 Curb and Gutter
Extension ?.To . 38-681 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 December 14 , 1982 , 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 .232� ay of December, 1982 .
i 6re 6 or d er
( S E A L )
-15-
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 14th day of December, 1982 .
I further certify that on thea3 �Pday of December,
1982 (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
Curb and Gutter Extension No. 38-681 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
inspection by any interested parties .
-16-
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said Salt Lake City, Salt Lake
iev
County, Utah this day of December , 1982.
it Recorder
( S E A L i
-17-
(Affidavit of proof of publication of the Notice of
Intention to create Salt Lake City , Utah Curb and Gutter
Extension No. 38-681 . )
-18-
Affidavit of Publication
STATE OF UTAH,
SS.
County of Salt Lake
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10
ASSESSMENTS AND TLEV`DF TAXES
11 is the InIsn'lln 01 In':CIII Council ll,Salt L1*1 City.WIt'
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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 and acting City
Recorder of Salt Lake City, Salt Lake County, Utah, do
hereby certify that on the loth day of December, 1982,
pursuant to Utah Code Annotated, Section 52-4-6 (1953), as
amended, I personally posted (at least 24 hours prior to the
meeting time) at the City Council's regular meeting place
written notice of the regular meeting of the City Council
held on December 14, 1982, at said regular meeting place. I
further certify that there was delivered to the local news
media, at least 24 hours prior to said meeting, a copy of
said Notice of Regular Meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said Municipality this
day of December, 1982.
ity Recorder
( SEAL )
-19-