| OCR Text |
Show Protest improvement billing Cedar residents plan lawsuit say, "refused to seriously consider the grievances" and informed them that "nothing could be done." -That the improvements were made "for the purpose of accommodating developers of Fiddler's Canyon rather than to bring needed improvements" to the street. City Attorney Robert T. Braithwaite requested an opinion from the Salt Lake " law firm of Fox, Edwards & Gardiner. In a letter from the firm's Blaine L. Carlton, the city's actions were defended. "Based upon the information presented to us, we are of the opinion that the Notice of Intention (for the improvements) did sufficiently notify property owners of the proposed creation of the district ..." Carlton's letter states that the public notice "identifies the various portions of the district by areas, e.g., Spruce Street Area, First Street Arear North Cedar Estates Area. Although it was improperly identified due to a typographical error ... (it is) properly identified ... as being a portion of the North Cedar Estates Area. "Since there is no street identified as 1745 North Street and since 1725 North Street is the only logical street being identified, the typographical error should . have been apparent to property owners in the area," the letter continues. The letter also contends that property owners on the street were informed not only by newspaper publication, but by "direct mailing." The letter concluded by saying, "property owners have been aware of the improvements being constructed along their street for a considerable period of time, making it apparent that they were part of a special improvement im-provement district." By LEE WARNICK Record Editor Residents of North Cedar Estates (1725 North) may be taking Cedar City to court soon over improvements on their street they are now being billed for. Homeowners there contend they were not given proper notice of the public hearing held last spring on the improvements im-provements and that they were not requested nor desired. . The Cedar City Council Mar. 19 declined to make residents on the street an "exception," ruling as the Board of Equalization. Such an 'exception would have opened the way for alternative approaches to the $800-$l,000 bills sent to the street's residents for installation of a sewer line and curb and gutter last year. While making the exception would have avoided a possible lawsuit, it also would have cost the city thousands of dollars in lost revenue. In a letter dated Mar. 18, attorney Stephen W. Julien, of Utah Legal Services, Inc., told the city a suit would be filed "unless the city is willing to work with the residents ... in resolving the problem." Because of the council's refusal to make the street an "exception," plans are now underway to file the suit in District Court, said Julien. The residents' attorney said he was awaiting approval from his firm's headquarters in Salt Lake City before proceeding with the action. A certain number of low-income families must be among the 40-or-so involved in the complaint for Utah Legal Services to be able to represent the group. Should that approval come, Julien expects to file the suit in District Court as early as next week. The lawsuit will ask that the city not be able to collect money for the improvements. im-provements. Among the complaints listed in Julien's letter to the city: -That residents moving in were told "by the contractors" that 1725 North would be paved and a sewer system installed. -That the city "had informed" the contractors a sewer system would be approved for the street, but later "refused to ailow a sewer system to be installed." Residents were then required to install septic tanks, the letter continues. con-tinues. -That last year, the city decided to put in a sewer system "without properly notifying residents." ' Residents contend some were given no notice at all, some were told "1745 i North" would be improved and others that "1750 North" was the street in question. Published notices in newspapers indicated "1745 North" was the street to be improved. Residents of North Cedar Estates, the letter asserts, thought the hearing applied to the Sun Bowl, just north of their street. -That residents of North Cedar Estates approached the City Council in April 1980 "asking for an explanation," Residents say they were told that "a sewer system was being constructed, that they would be required to pay for it, and that if they had complaints, they would have to take them to the Board of Equalization." The Board of Equalization, residents |
