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Show frnm Messenger-Enterpris-e, Page 10 Thursday, December 14, 1995 1 NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 14th day of November, 1995, The Mayor and City Council of the City of Ephraim, Sanpete County, Utah (the "City"), adopted a Resolution declaring its intention to create the "Ephraim City Special Improvement District 1996-1- " (the "District"). It is the intention of the City to make curb and gutter installation and tree and object removal improvements within the District and to levy special taxes as provided in Chapter 3, Title 1 7 A, 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. ng DEFINITIONS The following terms, when used herein, shall have, for purposes of this Notice of Intention, the meaning set opposite unless the context clearly appears otherwise. "Act" means the Utah Municipal Improvement District Act, (717A-3-30and the Utah MuBond Act (Chapter 14, nicipal 1) Title 11). "Area" means a tract of combined lots, parcels or blocks cir- cumscribed by the descriptions variously employed in this Resolution. "Assessment" means a special tax levied against property within the proposed Special Improvement District to pay all or a portion of the costs of making assessments in the District. "Block" means a numbered block within a plat of the total boundaries of the Ephraim City Survey. "Bond" or "Special Improvement Bonds" means bonds issued payable from assessments, improvement revenues or from the Special Improvement Guaranty Fund or Reserve Fund. "Boundaries" means, for purposes of assessments, the corporate boundaries of Areas within and streets, Blocks or plats com- ponent of the City of Ephraim shown by the official records of Sanpete County. "Calculation" means assemblage of total Linear Footage (defined hereinafter) and comparison as a fraction that Linear Footage represented by Protests as it bears to the gross Linear Footage in the District or Areas or Rates within the District. "City Recorder" means the within the District. Contents of a Protest does not require the expression of any reason thereafter. "Rate" means and constitutes the cost to each Property of Parcel which Rate is dependent upon the Improvement. Unless other- the improvement or combination wise expressly provided, it shall of improvements to be furnished mean those dimensions as appear to the specific Property as it is deon the county records of Sanpete scribed by street, block, or portion County. of a street or block. the means "Governing Body" "Receipt" means the actual Mayor and City Council of the and physical receiving of a docuCity of Ephraim, Sanpete County, ment in the office of the City ReState of Utah. corder. "Installment Payment Date" "Resolution" means this Resomeans the date upon which install- lution or any amended Resolution ment payments of assessments are or any other validly enacted Resolution declaring the intention or payable. U. S. means "Mailing" regular giving notice of the intention of Mail on which postage is prepaid. the City Council to create a DisMailing includes deposit in the U. trict. S. Mail and mailing date means "Revenues" means all receipts the postage date on the envelope for assessments levied. containing any notice, any protest, "Special Guaranty Fund" or any payment. However, mailmeans the fund established under ing is not the equivalent of filing of the Code. and a mailing date is not sufficient "Treasurer" means the to qualify a protest as other than a Ephraim City Treasurer and includes any Deputy, whether desReceipt as defined herein. "Net Improvement Revenues" ignated as a Treasurer or Deputy means all revenues as defined Treasurer. herein since the last installment DESCRIPTION OF DISTRICT payment date minus all amounts Beginning at a point 960.30 from those improvement feet east of the Southwest Comer payable revenues for items other than payof Section 3, Township 17 South, ment of interim warrants and speRange 3 East, S.L.B.& M., which cial improvement bonds. point is located 349.80 feet East "Notice" means any actual or of the East line of Block 13, Plat constructive notice, any mailed, "A" of the Ephraim Townsite. published or delivered document Thence North 876.39 feet; Thence East 1996.20 feet. Thence North notifying the recipient or the public of any act required or advice, 348.64 feet; Thence West 2 05. 0 publicly or personally dissemi- feet, more or less, to the Northnated of the accomplishment of west Corner of Lot 5 of the any act required by statute, the Walden Farm Subdivision. Resolution or any other proceedThence North 1031.91 feet; Thence East 1168.81 feet; Thence ing of the City Council. "Owner" means the owner of North 296.88 feet to a point lorecord or a person either acquircated 313.15 feet East of the contract a under or Comer of Lot 2 of the Northeast ing property in interest an a contract Sun Set View Subdivision. Thence retaining for payment of the purchase price West 2437.21 feet, more or less; but does not include a financial inThence North 266.82 feet to the stitution whose only association Northeast Corner of Parcel 51, with the property is for the secusaid point located South 160 feet, rity of a money debt more or less, and West 1715 feet, Owner also means a person havmore or less, from the Northeast ing any property interest whether Comer of the Southwest Quarter or not in possession of the prop- of the Northwest Quarter, Section erty. "Owner" shall have no 3, Township 17 South, Range 3 greater or other interest than is East, S.L.B.& M. provided in Title 7A, Chapter 3, Thence West 446.50 feet; Part 3 of the Code. Thence South 1240 feet, more or "Parcel" means a lot, a tract less, to a point located North 135 of land or the real property em- feet and West 00 feet from the braced by the legal description Southeast Corner of Parcel 48. thereof as appears in the office of Thence West 3284.28 feet, more the Sanpete County Recorder. or less, to a point located on the "Payment" means delivery to forty-acr- e line. and receipt by the City Recorder Thence West 1308.12 feet, or other authorized officer of the more or less, to the West line of City of Ephraim. Section 4, said point being located "Person" means any indi- 135 feet North of the Southwest vidual, firm, corporation, partner- Comer of the Northwest 14 of ship, business organization or any Section 4, Township 17 South, other individual or organization Range 3 East, S.L.B.& M. authorized to hold title and also inThence South along the seccludes each person with ownership tion line between Sections 4 and of land within the corporate lim- 5 1380 feet, more or less, to a point its of the City of Ephraim, irre- located 200 feet North of the north spective of the residence of that side of 00 North Street. Thence person. West 1000 feet; Thence South "Project" means the comple800 feet, more or less, to a point tion and furnishing of the im- 200 feet South of 00 South Street provements as defined in the DE- located in Section 8, Township 7 SCRIPTION OF IMPROVESouth, Range 3 East, S.L.B.& M. MENTS hereinafter set forth. Thence East 1000 feet, more "Property" or "Parcel" may be or less, to the Section line between used interchangeably but either Sections 8 and 9. Thence South includes and means real property along the section line 2100 feet, or any interest in real property. more or less, to the West Quarter "Property" when referring to an Comer of Section 9. Thence East Owner or a Parcel of land means along the Quarter Section line the specific property assessed un- 3337 feet, more or less, to the East der the Rate as hereinafter defined. side of State Highway 89 17A-3-3- 26 1 1 1 1 non-purcha- se 1 1 cr less, to the Center of Section Township 17 South, Range 3 East, S.L.B.& M. t Thence North 1320 feet, more or less, to the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 10, Township 17 South, Range 3 East, S.L.B.& M.; Thence North 56 degrees 21' 5" West 2093.56 feet to the point of beginning. In addition the description includes the following: Blocks 36 of Plat "A", Blocks - 10 of Plat "B", 1st North through 3rd North, 1st South through 4th South, B West (200 West), A West (100 West), A East (100 East), B East (200 East), C East (300 East), and D East (400 East) 1(), 1 -- 1 DESCRIPTION OF IMPROVEMENTS The Improvements to be constructed, paid for and financed through Interim Warrants or Special Improvement District Bonds include the work and related expense of improvements to (or new construction to form a part of) the curb and gutter, tree and object removal within the corporate limits of Ephraim City. All property will be assessed upon a Linear Front Footage basis, the extent of which shall be uniform assessments fixed for the improvements. "Extras" shall be assessed at the actual cost of labor, materials and overhead, based upon distance, necessary work involved and all reasonable and necessary costs incurred in completing Extras. All other necessary things shall be done to complete the whole project according to plans, profiles and specifications on file in the office of the City Recorder. ESTIMATED COST OF IMPROVEMENTS The total cost of Improvements (excluding Extras) in the proposed Special Improvement District as estimated by the Engineer is $893,241.50, and as set opposite the Rate No. under BASIS FOR ASSESSMENT; RATES set out above, which shall be paid by a special tax to be levied upon the property and particularly the land to be improved by the Project as defined. The actual commitment of Ephraim City to pay its portion of the costs of Improvements is subject to the availability of funds and compliance with budget approval. The estimated property owner's costs include a reasonable allowance for construction contingencies and an allowance of approximately fifteen percent(15) of the base amount to be assessed for administrative, legal, and other costs in connection with the assessments, the issuance of bonds and bond interest, except that interest may be abated by prepayment as explained hereafter. The property owners' portion of the total estimated cost of the improvements may be financed ing the construction period by the use of interim warrants. The interest on the warrants will be included in the costs to be assessed to the property owners. The estiAND IMBOUNDARIES PROVEMENTS GENERALLY mated cost to be assessed against It is the intention of the City the properties within the District shall be as follows: Council to complete the construcESTIMATED INDIVIDUAL tion and development within the COSTS area defined under "Description of A. The EngiAssessments. District" above and to complete, neer for the proposed District enwithin the boundaries of the District the improvements described gaged by Ephraim City estimate that the total Project costs will be in the foregoing paragraph provid$12.50 per lineal foot multiplied ing the specific Rate and its applby the total linear footage in the icability. BASIS FOR ASSESSMENT; proposed District. Assessments shall also be made according to the RATE Rate hereinabove set out and all Respecting and pertaining to Assessments for Rates shall be the property within the District, a made as special tax levied the property owners will be assessed for Improvements built at against property within the prothe hereinbelow estimated and posed District to pay the total defined Rate (there shall be one amount per linear foot based upon (1) "Rate" only) and for the the contract price as defined hereinabove. The Engineer estiabutter's portion of certain miscelmates that the cost per Linear laneous costs of the Project acFootage will be as set out under cording to the following rate: BASIS FOR ASSESSMENT; RATE: 1 IMPROVEMENTS: CURB RATES set out above. AND GUTTER Costs of common improvements such as signs, general grading, leveling, or improving the entire street system for travel by the public upon the streets are included in the BASIS FOR ASSESSMENT; RATE set out above, and to the extent that such common improvements benefit all inhabitants of Ephraim City irrespective of the location of common improvements. B. Extras. Extras shall be as- ments. Interest will accrue on the unpaid balance at a rate or rates fixed by the Treasurer. The whole or any part of the assessment may be paid without interest within fifteen (15) days after the Ordinance Levying Assessments becomes effective. The assessments shall be levied according to the benefits to be derived by each property owner within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 3 of Title 1 7A, Utah Code Annotated 1953, as amended. 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 the Ephraim City Special Improvement District 1996-- 1 or to make any other objection relating thereto. Protests shall describe or otherwise identify the property owned by the person or persons making the protest. Protests shall be filed with the City Recorder of the City of Ephraim at her office at Ephraim, Utah on or before 5:00 p.m. on the 20th day of December, 1995. No protest will be considered for purposes of creating the District if it is received by the City Recorder later than this protest filing deadline. Thereafter at 7:00 o'clock p.m. on Wednesday, the 20th day of December, 1995, the Mayor and City Council of the City of Ephraim will meet in public meeting at the City Hall, 5 South Main Street, Ephraim, Utah, to consider all protests so filed and hear all objections relating to the proposed District. METHOD OF DETERMINING NECESSARY NUMBER OF PROTESTS TO REQUIRE ABANDONMENT OF THE DISTRICT The method for determining the necessary number of protests to cause abandonment of the proposed district shall be determined by calculating linear footage included in the District or Areas within the District as related to the Calculation of linear footage represented by written protests as a proportion of the total linear footage within the District or Area. The Protest Rate for determining the necessary number of protests to require abandonment of the District or an Area of the District ("Protest Rate") shall be determined by totalling the length of abutting property in ownership of persons filing written protests and FOOT: $12.50 if fifty per cent or more of The estimated costs expressed linear the front footage is repreabove may include the expense sented by owners filing protests, of publication, mailing, bond isthen the proposed District or Area suance costs, interest during conwithin the District shall be abanstruction, and other administrative doned. After the written Protest expenses essential to interim and City of Ephraim, Sanpete County, Rate has been determined, the Utah and includes any Deputy, permanent financing of the DisGoverning Body may, at its district costs. The City Council w ill whether designated as a City Recretion, delete areas from the Disnot levy any amount over and corder or Deputy City Recorder. trict At the time of creation of the above the estimated cost per foot "Code" means Utah Code District, the written protests of of $12.50, including all assessAnnotated, 1953, as amended, as actual costs together with property owners in any area not inments authorized by law and those sessed at of date of this Resolution or as it in the District will not be described in BASIS FOR AS- any required contingencies and cluded may be amended at any time durused in determining the Protest any applicable overhead. SESSMENT hereinafter. ing the existence of the District. Rate. The Governing Body will C. Corner Lots. On each corBASIS FOR ASSESSMENT "Contract Price" means the rescind its intention to create the The assessments shall be ner lot the shorter and longer diamount payable to one or more District or Area with in the District made according to total Linear mension will be added and the contractors for designing, engisum of the dimensions shall be if protests have been timely filed Footage of each Lot, or according neering, inspection and making of to the Owner or the Owners of one divided by two which will be the representing one-ha(12) or improvements in the District. for both sides assessment that of the linear more of footage to be or more Parcels or Areas as de"District" means the Ephraim and lot the total comer assessment assessed after elimination from fined herein and the Owners of City Special Improvement District for lot. the corner such filed protests (i) protests relots, parcels, tracts or real prop1996-ASSESSMENT AND lating to property which has been erty in ownership of any person "Engineer" means Jones & from the District and (ii) deleted LEVY in TAXES OF described streets the abutting DeMille Engineering, Inc., is It the intention of the Mayor protests which have been withthis Notice and whose property "Property Representative" Richfield, Utah. and Thence South 314.91 feet; will be improved will be assessed and City Council of Ephraim, San- drawn in writing prior to the con"Executive Authority" means means an owner of property Parcel each clusion of the hearing. The Project of parcel Property (as Thence East 716 feet; Thence both the cost of the Improvements pete County, Utah to levy assessthe person, office, or office holder is for defined herein) can, purSouth 2105.60 fet, more or less, and Extras and depending on the ments as provided by the laws of will not proceed if Protests repreto which responsibilities to act for the matter of affecting any poses to the South Section line of nature of the improvements, some the State of Utah on all parcels and senting (12) or more of the District are delegated. loti have one only Property tjon 9. of real property within the the linear footage to be assessed costs have been affected by front "Extras means all work District, within the District or Areas within District Representative. East Thence benefitting from the imalong the section footage of abutting property and incident to construction of a a written means "Protest" the District are filed and not elimiline between Sections 9 and 16 common costs will be computed provements (the "Benefited Propdriveway, or any work done document filed with the nated by reason of (i) or (ii) above. City Re256.10 feet; Thence North 1600 and distributed for assessment erty"). The purpose of the assessseparate from the Project as re- corder otherwise or describing feet; Thence East 1220 feet, more purposes throughout the District. ments and levy is to pay those BY ORDER OF THE MAYOR quested by an owner. the property owned by or less, to the East Section Line of AND CITY COUNCIL OF THE A map of the District and rate costs of the curb and gutter "Filed" means the date and identifying the the To Protest. CITY OF EPHRAIM, SANPETE the which will not and assume person making City Section 9, Township 17 South, for assessments are available for time of actual filing in the Office be the valid a writing must Range 3 East, S.L.B.& M. protest review in the City Recorder's Of- pay. The method of assessment COUNTY, UTAH of the City Recorder. include a the that statement clear s Wendy Hansen Thence North 505.60 feet; fice; 5 South Main Street, shall be by linear footage. "Front Footage" or "Linear docuthe written Assessments may be paid by WENDY HANSEN person signing Thence East 2630 feet, more or Ephraim, Utah. Also available is Footage" or "Linear Front Footment opposes creation of the DisRecorder. less, to the North South Center a list of all property owners af- property owners in not to exceed Ephraim City age" as affects a property owner, trict or a Nov. specific improvement Section Line of Section 10; fected and the rate schedule for fifteen ( 5) (or possibly ten 0) Publish 23, 30, Dec. 7, 14, means the entire length of the di1995 annual install eacTi." equal principal Thence North 534.40 feet, more mension of any property nearest (sometimes called a "Rate") COST 1 PER FRONTAGE (50) 1 1 1 1. right-of-wa- t lf y. . one-ha- lf 1 1 |