OCR Text |
Show Free Press Wednesday, August 23, 1995 - Page 10 Public Notices Ordinance No. ters AN ORDINANCE involving Constitutional Taking claims, in fairness to the owner of private property bringing the claim and in view of the uncertainty and expense involved in lawsuits defending alleging such issues. At the same time, the legitimate role of government in lawfully regulating real property must be preserved and the public's right to require the dedication or exaction of property consistent the with ESTABLISHING A PROCEDURE r FOR THE REVIEW OF ACTIONS BY LEHI CITY THAT MAY HAVE CONSTITUTIONAL TAKING ISSUES. WHEREAS, recent ' changes in the State . Code require local governments to consider and adopt guidelines relating to potential Constitutional Taking Issues; and in WHEREAS, light of these statutory requirements, the City deems it to be in Consistent with this the best interest of its policy, it is desired citizens to adopt both that a procedure be guidelines and to established for the establish a procedure review of actions that for review of actions may involve the issue by its officers, employ- - of a Constitutional ees, boards, commis- Taking. These provisions or councils that sions are to assist govmay involve the issue ernments in considerof a physical taking or ing decisions that may exaction of private involve Constitutional real property without Takings. It is intended just compensation; that a procedure for such a review be proand said vided, as well as WHEREAS, guidelines are meant guidelines for such to instruct and inform considerations. This the City, its officials, ordinance is further boards, intended and shall be employees, and construed to objectivecommissions councils, of the stanly and fairly review a claims by citizens that dards for Constitutional Taking a specific government and process for review action should require of such actions; and payment of just comthe WHEREAS, pensation, yet preguidelines intended serve the ability of the neither to expand nor City to lawfully regulimit the scope of any late real property and political subdivisions fulfill its other duties a and functions. for liability Constitution. ' '. ; ', ; Constitutional Taking, nor impose any liability upon a political subdivision for failure to comply with the guidelines. Definitions. "Constitutional means Taking" actions by the City involving physical THERENOW, taking or extraction of IT private real property BE FORE, ORDAINED BY THE that might require CITY COUNCIL OF compensation to a priLEHI CITY AS FOL- vate real property LOWS: owner because of: 1. Chapter 1.40 of a. The Fifth or Lehi the City Municipal Code is Amendment to the hereby amended and Constitution of the United States; adopted as follows: b. Article I, Section 1.4Q.Q1Q Policy Considerations. There 22, of the Utah is un underlying poliConstitution; c. Any Court ruling cy in the City, strongly favoring the careful governing the physiconsideration of mat cal taking or exaction 1. Fourteenth . of private real property by a government entity; 2. Actions the by City involving the physical taking or exaction of private real property is not a Constitutional Taking if the physical taking or exaction: a. Bears an essential nexus to a; b. Legitimate governmental interest; and, Is roughly c. pro- portionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest. 1.40.030 Guidelines Advisory. The guidelines adopted and decisions rendered pursuant to the provisions of this section are advisory, and shall not be construed to expand or limit the scope of the City's liafor a bility Constitutional Taking. The reviewing body or person, shall not be required to make any determination under this ordinance except pursuant to the Section IV. 1.40.040 Review of Decision. Any owner of private real property who claims there has been a Constitutional Taking of their private real property shall request a review of a final decision of any officer, employee, board, commission, or council. The following are specific procedures estab- lished for such a review: The person requesting a review must have obtained a final and authoritative determination, internally, within the City, relative to the decision from which they are requesting 1. review. Within thirty (30) days from the date of the final decision that gave rise to 2. pair for the price ! off the concern that a Constitutional Taking has occurred, the person requesting the review shall file in writing, in the office of the City Recorder, a request for review of value of and ad valorem taxes on the property for the property for the previous three years; j. All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the that decision. A copy shall be filed with the City Attorney. The 3. City Council, or an individual, or body designated by the City Council shall immediately set a time to review the decision that gave rise to the Constitutional Takings claim. 4. In addition to the written request for review, the applicant must submit, prior to the date of the review, the following: a. Name of the applicant requesting for-prof- expense statements from the property for the previous three and documentation as to the value of the property taken, including the date and cost at the date the property was acquired. This should include any evidence of the value of the same property 1 a one pair of eyeglasses and get another single vision pair FREE! Good only at the Spec Shoppe, 218 N. West Buy State Rd. (Timp Plaza), American Fork. Hurry! Offer ends soon! 153 N. 100 East, Lehi, The purpose of the Single Vision Lenses Scratch Coating Bifocals $38 $10 $62 At the Spec Shoppe you'll also receive individualized attention and expert service from owneroperator Hardy Baum. He is a Certified Dispensing Optician with 27 years of experience and does all the work himself. He offers custom, professional fitting with free adjustments any time. Most single vision lenses can be ready in 24 hours. However, in an emergency, Hardy can have them ready in as little as one hour. The Spec Shoppe has a lab right in the store where you can also receive such services as frame repair, color tinting and lens engraving. . As an independent dealer, Hardy can order from the manufacturer that best fits your needs. He carries over 1,000 selection and small store frames in stock and offers service. The Spec Shoppe is open Monday Through Friday from 10 a.m. to noon and 1 to 6 p.m. in the American Fork (SMITH'S) Timp Plaza. For more information, call mi 256 K YBue hi 218 Sp o pipe State Cache Local Bus Motherboard and Controller VESA ;" wsm 48 i 8 MB RAM 1.44 Floppy Drive 540 MB Hard Drive 14.4 Int FaxModem wvoice 1 MB Local Bus Video 14" .28 Color Monitor ' 486 DX2-6- 6 comes with 4MB RAM and 420 MB Hard Drive mm DX2-R- 0 f Irom Owner-occupie- features Rate Owner Occupied 95 points 4,25 margln o primary Residence d Provo, & 375-999- Salt Lake Area 180 S. 300W. 209 2 SLC 1 539-191- Sale Orem Grand Openin ml -- J mU hi Standard Features Only'58 per month B... mmitrf m inn i iii l7siyiHr?1lTi PENTIUMViTOT iT frmHriifttsW Just $66 nor mnnth rw. ...W.IUI Just '69 per month Just '73 per month Just '85 per month Additional Bonus: Free Computer ..Ml From New Horizons Computer Learning Center '179 Value!!! With system purchase this sale f A ineT" r PENTIUMiTTTl A h ...... Purchase OK ' Purchase 256K Cache 8 MB RAM PCI Motherboard and Controller 1 .44 Floppy Drive 850 MB Hard Drive 14.4 Int. Fax Modem wvoice 1 MB PCI Video 14" .28 Color Monitor p Purchase OK i Utah County 275 N. 500 WA Only "56 per month One Free Full Day Training Class on Selected . Computer Courses - 1st Mtg. to 90 LTV combined with 2nd mortgage Mtg. to 10 Debt to income Ratio to 42 SFR, 4 units, PUD & Condos (max 4 stories) to No values $400,000 Property Mortgage Insurance Required Published in the Lehi Free Press Aug. 23 and 30, 1995. ' per month standard 13up o Capital Facilities Plan at City Hall, 153 N. 100 East, Lehi, Utah, on weekdays between the hours of 8:30 a.m. and 5:00 p.m. per month j- o 25 come to examine the 1 mi q A 23,1995. Only 62 h$299 ' Fix 1st Mortage 100 Published in the Only-4- DX2-6- 6 Accessories Package for the first 50 customers with system order this sale, Includes: Onlv $399 Irom standard Power Surge Strip Mouse Pad 14" Screen Filter 3.5" diskette holder (40X) 6' Printer Cable. A'35Valuelll features1 if standard systems include: 16 bit stereo sound card, CD Titles Include: Groliers Encyclopedia. Animals, US Atlas World Atlas ' Beacon Teaches Typing, Chess Master 4000, Speakers, Enhanced 101 Keyboard, Mouse, 2 year parts and lapor limited warranty r AC' "A"' A A k a A A a' A A" aY?-:?- " A A cr'T':rr't All 2XCD-RO- -- JAWVvvi w r""i ja .AC wntJim. mmr-rmT ' l fTlt 31 . MURRAY 6222 !$T Fax S. State St (801)263-996- 0 15 Year Celebrating our new Sandy Only N. W. 756-683- mm Lehi Free Press Aug. wel- - MS 7- -9 10-- 12 30 Year Fix Rate Owner Occupied 95 .PC INNOVATION Anniversary C 10:00 12:00 2:00 3:30 3- -6 Source William L. Gibbs Mayor ATTEST: Evelyn W. Yates City Recorder BONUS 756-683- 0. - .. tfirt-ZZtr- Standard Features big-sto- re ' f Time Ages Please come prepared to dance andor sing! cation. AND PASSED ADOPTED by the City Council of Lehi, Utah, this 8th day of August, 1995. and The public is Auditions to be held Instructors: Jeana Adamson Harmon, Angela Adamson Vernon, Shaunna Thompson, Laura Driggs, & Darren Carter. Over 25 years of combined teaching experience. ate preservation ofthe health, safety and general welfare of the City that this ordinance take effect immediately, and this ordinance shall therefore take effect immediately after passage by the City Council and subsequent publi- possibly a Capital approve Facilities Plan regarding the construction of another sewer plant and will include the addition of a Sewer Impact Fee. Utah. Hardy Baum . (801) .i- a jvvvvvvv-l- off Y"T ., ,.,. mmmm Decker Lake OGDEN 2327 S. 2300 W. Fax (801) Mavis - -- ccu,v ivfi5"ri,,.F (801)974-3178 3 The Lehi City 2. public hearing is to receive public com- ment 768-885- ! Council specifically finds that it is necessary for the immedi- rendered within fourteen (14) days from the date the complete application for review has been received by the City Recorder. The decision of the City Council regarding the results of the review shall be given in writing to the applicant and the officer, The Lehi City Council will hold a public hearing on Tuesday, Sept. 12, 1995 at 7 p.m. in the Lehi City Council Chambers, located at Lehi, UT 84043 Classes Begin September 11. Notice of public hearing ., UUml. Takings claim. 7. A final decision on the review shall be assessed rpMlinnUen. NartMmk, Saturday, Aug. 26th at 76 W. Main 2, American Fork. to the Constitutional party. financing, offering for sale, or ad valorem taxation, with the three years prior to the date of Fall officer, employee, board, commission or council that made the decision that gave rise 6: The City Council or an individual or body designated by them, shall hear all the evidence related to and submitted by the applicant, City, or any other interested including The the tion. application; h. All appraisals of the property prepared for any purpose, kiwi rajUUIKy iMurmnca Director owners Jeana & Corwin Harmon Performing opportunities available. issues and where determined to be necessary and appropriate, shall make a recommendation to the , leasehold ership, interest; g. Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three years prior to the date of OAAI1 v BEltlig & make a determination regarding the above cant, that all the materials and information required have been above, received by the City. The reyiewing shall 'f bodyofficial promptly ' 'notify the of any applicant incomplete applica- claimed to be affected, such as, but not limited to, fee simple own- Subject Ui local CIIM3 A1UUU reviewing shall (personbody) reviewing bodyofficial certifies to the appli- purchased, including the relationship, if any, between the person a requesting review and the party from whom the property was acquired; f. Nature of the protectable interest i. until Your Cam Hometown 110 W. Main Agents ing the review, the Constitutional mitted" ""' You're in We're Review. After complet- Taking. 5. An application shall not be deemed to be "complete" or "sub- before and after alleged Constitutional Taking, the name of the party from whom application; affect- additional request information reasonably necessary, in their opinion, to arrive at a conclusion concerning whether there has been a Evidence e. "r Unci' ' K7M.. 768-885- 3 Is the property and exaction taken, roughly proportionate and reasonably related, on an individual property basis, both in nature and extent, to the impact caused by the activities that are the subject of the decision being reviewed. 1.40.060 Results of ing the property; and o. The City Council or their designee may the i City. 3. years; n. Information from a title policy or other source showing all recorded liens or encumbrances Li. v. a constitutes Constitutional Taking as defined in this chapter. In doing so, they shall consider: 1. Whether the physical taking or exaction of the private real property bears an essential nexus to a governlegitimate mental interest. 2. Whether a legitimate governmental interest exists for the action taken by the of development or utilization of the property; m. For income producing property, itemized income and it rs C' 41 f. Mi " Ralpbine Burt approved. 1.40.050 Reviewing Guidelines. The City Council shall review the facts and information presented by the applicant to determine whether or not the action by the City within the previous three years; 1. All studies commissioned by the petitioner or agents of the petitioner within the previous three years concerning feasibility detailed description of property taken; appealed from shall be presumed to be If you put both your home and car insurance ' fyp with me and you're an excellent driver, you could get a discount of up to 20 percent on a large portion of your car insurance. To see how much money you cl 768-885- 3 8. If the City Council fails to hear and decide the review within fourteen (14) days, the decision rent, priced asked and Constitutional Taking; A d. Constitutional Steven R. Gunn Takings claim. offers received, if any, ership, whether sole proprietorship, or corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venand name ture, address of all principal shareholders or partners; c. A detailed description of the grounds for the claim that there has been a ... rendered the final decision that gave rise to the that loan; k. All listings of the property for sale or review; b. Name and business address of current owner of the property, form of own- Put your car and home under one roof. employee, board, commission or council 4021 Riverdale Rd. Hours:Mon-Fr- 9 am-7p- Sat10am-7p- 1 CO M P U T F RS Fax (801)399-333- 9 O.A.C. l |