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Show A14 Tuesday, September 14, 2004 Davis County Clipper ClipperClassiads bniiaeffwiHiW ".jiVii, DAVIS COUNTY ORDINANCE NO. FOR AN ORDINANCE ESTABLISHING AN IMPACT FEE FOR PUBLIC SAFETY FACILITIES THE UNINCORPORATED TERRITORY SERVED BY THE SOUTH DAVIS FIRE DISTRICT The Board of County Commissioners of Davis County. Utah, ("Commission") in a regular meeting, lawful notice of which has been given, finds that. A. The Utah Impact Fees Act ("Act"), as set forth in Title 11, Chapter 36, Utah Code, authorizes and enables Davis County, as a political subdivision of the State of Utah, to establish and impose an impact fee for a public safety facility or public safety facilities that have a life expectancy of ten or more years and which are owned or operated, or to be owned or operated, by or on behalf of a of the Act. local political subdivision as defined by Section 1 B. Davis County entered into an interlocal agreement dated October 2, 1995. as Davis County with Woods Cross City. Centerville City, West Bountiful City, and North Salt Contract No. Lake City, each a municipal corporation and political subdivision of the State of Utah, (collectively referred to in this ordinance as the "Participating Cities") to create the South Davis Fire District (District'') as a separate legal entity pursuant to the Utah Interlocal Cooperation Act as set forth in title 1 1 Chapter 13, Utah Code. C. The District, a public safety entity, was created and exists for the purpose of providing fire protection, emergency medical, and hazardous materials enforcement services within the District Service Area which includes the geographic areas within the participating cities and that portion of the unincorporated territory of the County located south of Lund Lane and Ricks Creek. D. The District owns and operates one or more public safety facilities and intends to construct additional public safety facilities on behalf of Davis County and the Participating Cities for the purpose of providing fire protection, emergency medical, and hazardous materials enforcement within the District Service Area. E. The Act requires that the County prepare a capital facilities plan identifying the demands placed upon existing public safety facilities by new development activity, as defined by the Act, and the proposed means by which the County will meet those demands. F. A Capital Facilities Plan for Public Safety Facilities ("Plan") has been prepared on behalf of the District and submitted by the District to the Commission for its review, evaluation, approval, and adoption. The Plan identifies the demands upon existing public safety facilities within the District by new development activities and the proposed means for meeting those demands and the Plan establishes that impact fees are necessary to achieve equitable allocation within the District Service Area to the costs borne in the past and to be borne in the future, in comparison to the benefits already received and yet to be received. The Commission has approved the Plan. G. Public notice of the Plan has been duly and properly given; a summary of the Plan has been prepared; copies of the Plan and the summary have been made available to the public at the Office of the Davis County Clerk Auditor and at each public library within the Service Area 14 days before the enactment of this ordinance; and a public hearing was held by the Commission on September 7, 2004, in accordance with the requirements of the Act. H. The Act requires that the County prepare a written analysis identifying the impact on system improvements, as defined by the Act, by the development activity; demonstrates how those impacts are reasonably related to the development activity; estimates the proportionate share of the costs of those impacts that are reasonably related to the development activity; and identifies how the impact fee was calculated based upon the foregoing factors. I. A Public Safety Impact Fee Analysis for South Davis Fire District, being a written analysis of the impact fee and an analysis summary, has been prepared on behalf of the District and submitted by the District to the County for its review, evaluation, approval, and adoption. Copies of that analysis and summary have been made available to the public at the Office of the Davis County ClerkAudi-to- r and at each public library within the Service Area 14 days before the enactment of this ordinance in accordance with the requirements of the Act. The Commission has duly approved and adopted the written analysis. H. The District has requested the enactment of a public safety facility impact fee ordinance by the constituent political subdivisions comprising the District which will impose a uniform pubic safety facility impact fee for development activities within the District service area. I. The County recognizes and acknowledges that the provisions of public safety services on a regional basis, i.e. within the District Service Area, provides for the best utilization of resources by the County and the Participating Cities for the overall promotion of the general welfare, public safety, and adequate protection of the County and the Participating Cities. J. The County desires to enact and adopt the proposed public safety impact fees on development activity within that portion of the unincorporated territory of the County located south of Lund Lane and Ricks Creek in accordance with and based upon the Capital Facilities Plan for Public Safety Facilities and the Public Safety Impact Fee Analysis for South Davis Fire District K. The County desires to designate the District Service Area for the public safety impact fee. L. The County has determined that the proposed public safety impact fee is necessary to appropriately assign capital infrastructure costs to development in an equitable and proportionate manner and to provide uniform public safety impact fees within the Participating Cities and County. THEREFORE, the Board of County Commissioners of Davis County, Utah, hereby adopts the following ordinance: BE IT ORDAINED THAT Section 1. Chapter 15 12 of the Davis County Code is enacted to read : Section 15.12.010. Title The title of this chapter is South Davis Fire District Impact Fee. Section 15.12.020 Purpose This chapter establishes a public safety facility impact fee pursuant to the requirements of the Utah Impact Fee Act as that act currently exists or may be modified in the future and provides a schedule of impact fees for differing types of land-us- e development for the service area described in Section 15.12.030. Section 15.12.030 Public Safety Impact fee A. A public safety facility impact fee shall be assessed and collected upon development activity in the service area as defined in Section 15.12.040 as a condition of development approval from the developer. B. For the purposes of this chapter, "development activity" means any construction or expansion of a building, structure, or use, any change in the use of a building or structure, or any changes in the use of land that creates additional demand and need for public safety facilities. C. Nothing in this chapter shall preclude the County from imposing other fees or impact fees as permitted by law. D. The public safety impact fee is separate from and in addition to any other user fees or other charges lawfully imposed by the County. Section 15.12.040 District Service Area The District Service Area for the purposes of the public safety facility impact fee is the area within which the South Davis Fire District provides fire protection, emergency medical, and hazardous materials enforcement services which includes the geographic areas within Woods Cross City, Centerville City, West Bountiful City, and North Salt Lake City as well as that portion of the unincorporated territory of the County located south of Lund Lane and Ricks Creek. The impact fee imposed by this chapter shall be assessed and collected for development activity within that portion of the unincorporated territory of the County located south of Lund Lane and Ricks Creek. Section 15.12.050 Impact Fee Calculation The public safety impact fee for the service area of the District shall be calculated by first determining the sum of the construction costs for project improvements and systems improvements related to existing and future public safety facilities including: A. Construction costs; the costs of acquiring land, improvements, materials, and fixtures; and the cost for planning, surveying, and engineering fees for services provided for and directly related to the construction of the project and system improvements; B. Costs of the issuance, debt service, and interest accruing on any future financing loans, or other obligations issued to finance the costs of the projthrough bonds, notes, inter-fun- d ect and system improvements; and C. Appropriate professional services adjusted from current values to construction year costs. Section 15.12.060 Impact Fee The following public safety impact fees shall be assessed and imposed upon development activity within that portion of the unincorporated territory of the County located south of Lund Lane and Ricks Creek: Single Family Residential (Dwelling) Residential (Dwelling) HotelMotel (Rooms) (Rooms) Nursing Home Commercial (Acres) Office (Acres) School (Acres) Church (Acres) Industrial (Acres) Section 15.12.070 Adjustment or Waiver of Fee A. The standard public safety impact fee may be adjusted by the County at the time the fee is charged in order to respond to relevant circumstances in specific cases and ensure that the impact fee is imposed fairly. B. The calculation of the impact fee to be imposed upon a particular development may be subject to a reasonable adjustment based upon adequate and appropriate studies and data submitted by the developer. A developer may be allowed a credit C. against the public safety impact fee for any dedication or improvement to land or new construction of project or systems improvements if the the improvement or new construction is identified in the Capital Facilprovided by developer ities Plan for the South Davis Fire District and is required by the County and South Davis Fire District as a condition of approval for the development activity. D. The County may authorize an exception or adjustment to or waiver of the public safety impact fee for a development activity funded by agencies, affordable or housing projects, or temporary facilities. Section 15.12 080 Assessment and Collection of Fee A. The public safety impact fee shall be assessed and collected by the Davis County Department of Community and Economic Development as a condition for the approval of a development activity or issuance of a building permit. B. Revenues from the public safety impact fee shall be deposited into a separate interest bearing ledger account as required by the Utah Impact Fee Act. Section 15.12.090 Refund The County shall refund any public safety impact fee paid by a developer together with interest earned if: A. The developer does not proceed with the development activity and has file an appropriate written request for a refund; B. The fees have not been spend or encumbered; and C. No public safety impact has resulted. Section 15.12.090 Remission of Impact Fee The public safety impact fees collected and held under this chapter shall be remitted quarterly to the District pursuant to an agreement with the District which includes specific provisions for the holding, expenditure, and refund of the fees in accordance with the provisions and principles of the Utah Impact Fee Act. Section 15.12.100 Administrative Appeal A. Any person or entity residing in or owning real property within the service area or a developer who is to be or has been assessed and charged a public safety impact fee under this chapter, may challenge the validity or reasonableness of the public safety impact fee by filing an application with the Davis County Department of Community and Economic Development using forms approved by the that department together with relevant and appropriate documentation. 1 . If the fee has been assessed and written notice given to the person or entity but not paid, the application shall be filed within 30 calendar days of the issuance of that assessment notice. If the fee has 2. already been assessed and collected, the application shall be filed within 30 calendar days of that payment. B. Any affected or potentially affected person or entity who wishes to challenge the public safety impact fee may file a written request of information concerning the fee. Within 2 weeks of the receipt of that request, the County shall provide a copy of the written analysis, the capital facilities plan, and other relevant information relating to the fee to the requester. C. The appeal application and attached documents shall be reviewed by the Davis County Department of Community and Economic Development for completeness. The Department shall notify the applicant of any incompleteness. The Department shall submit the completed application, attached documents, and the recommendations of the Department to the County Commission within 5 calendar days. D. A hearing shall be held by the County Commission in a public meeting, but not as a public hearing, within 30 calendar days of the filing of the complete application. Written notice of the date, time, and place of the hearing shall be given to the applicant and other interested parties at least 3 business days before the hearing. E. Upon the conclusion of the hearing and within 30 calendar days of the filing of the appeal application, the County Commission shall take action and render a decision upon the appeal. The County Commission shall make written findings, issue its decision in writing, and give copies of its findings and decision to the applicant. F. If the hearing is not held, or the findings and decision not made within time period specified by this section, the appeal may be deemed denied. Section 15.12.110 Other Ordinances Except as provided in this ordinance, the terms, definitions, procedures, and provisions set forth in Chapters 15.04 and 15.08 of this title shall be applicable to the imposition and collection of the public safety impact fee. Section 2. Severability If any section or provision of this ordinance is determined by a court of competent jurisdiction as invalid or unenforceable, the remaining provisions of this ordinance shall remain in full force and effect. Section 3. Effective Date. This ordinance shall become effective 15 days after its adoption and upon publication as required by law. This ordinance was duly approved and adopted by the Board of County Commissioners of Davis County, Utah on the 7th day of September, 2004, with Commissioners Dannie R. McConkie, Carol R. Page, and Michael J. Cragun all voting in favor of the ordinance. BOARD OF COUNTY COMMISSIONERS OF DAVIS COUNTY Dannie R. McConkie, Chairman 914 AMENDED NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States, at the North Entrance, Second District Court, 805 South Main Street, Bountiful, Utah, on October 12, 2004, at 8:15 a.m. of said day, for the purpose of foreclosing a trust deed originally executed on August 10, 1998 by Scott M. Zigich and Jami L. Zigich, as trustors, in favor of First Franklin Financial Corporation, covering the following real property purported to be located in Davis County at 1045 East Claremont Drive, Bountiful, UT 84010 (the undersigned disclaims liability for any error in the address), and more particularly described as: All of Lot 66, OAKRIDGE MANOR SUBDIVISION, Plat C, according to the official plat thereof, on file and of record in the Davis County Recorder's Office. Together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. The current beneficiary of the trust deed is Credit Based Asset Servicing and Securitization LLC, with Litton Loan Servicing, LP as agent and attorney in fact and the record owners of the property as of the recording of the notice of default are Scott M. Zigich and Jami L. Zigich. The sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other condition of which the trustee is not aware that would cause the cancellation of the sale. If any such condition exists, the sale shall be void, the successful bidders funds returned and the trustee and current beneficiary shall not be liable to the successful bidder for any damage. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. The deposit must be in the form of a cashier's check or certified funds payable to Lundberg & Associates. The balance must be in the form of a wire transfer, cashier's check or certified funds payable to Lundberg & Associates. Cash payments are not accepted. A trustee's deed will be delivered to the successful bidder within three business days after receipt of the amount bid. DATED: September 7, 2004. Scott Lundberg, Trustee 3269 South Main, 100 Salt Lake City, UT 84115 (801)263-340- 0 Office Hours: 8:00 a.m. 5:00 p.m. L&A Case No. 15846 Team DAB THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A - DEBT, ANY AND INFORMA- BE WILL TION OBTAINED USED FOR THAT PURPOSE. 914-2- 8 Mr the Gutter Advertise in the Clipper CLASSIADS 295-225- 1 CBZgZ3 SECOND AMENDED NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States, at the North Entrance, Second District Court, 805 South Main Street, Bountiful, Utah, on October 12, 2004, at 8:15 a.m. of said day, for the purpose of foreclosing a trust deed originally executed on October 2, 1997 by Kenneth P. Fannin, as trustor, in favor of Bank of Utah, covering the following real property purported to be located in Davis County at 429 West 2400 North, Sun84015 (the underset, UT for liability signed disclaims any error in the address), and more particularly described as: All of Lot 30, MEADOW'S Sunset ADDITION, City, Da- vis County, Utah, according to the official plat thereof. Together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter of a part the property. The current beneficiary of the trust deed is Principal Residential Mortgage, Inc. and the record owner of the property as of the recording of the notice of default is Kenneth P. Fannin. The sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other condition of which the trustee is not aware that would cause the cancellation of the sale. If any such condition exists, the sale shall be void, the successful bidder's funds returned and the trustee and current beneficiary shall not be liable to the successful bidder for any damage. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. The deposit must be in the form of a cashiers check or certified funds payable to Lundberg & Associates. The balance must be in the form of a wire transfer, cashier's check or certified funds payable to Lundberg & Associates. Cash payments are not accepted. A trustee's deed will be delivered to the successful bidder within three business days after receipt of the amount bid. September 9, 2004. Scott Lundberg, Trustee DATED: 3269 South Main, 100 Salt Lake City, UT 84115 (801) 263-340- 0 Office Hours: 8:00 a.m. 5:00 p.m. L&A Case No. 25521 Team CRBI THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A - DEBT, ANY AND INFORMA- WILL BE TION OBTAINED USED FOR THAT PURPOSE. 914-2- 8 NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States, at the North Entrance, Second District Court, 805 South Mam Street, Bountiful, Utah, on October 12, 2004, at 8:15 a.m. of said day, for the purpose of foreclosing a trust deed originally executed on October 24, 2000 by Darcy as trustor, in favor of First Bank of Arizona, covering the following real property purported to be located in Davis County at 1085 North 1250 East, Layton, UT 84040 (the undersigned disclaims liability for any error in the address), and more particularly described as: All of Unit 8 Building G, including the appurtenant car port and patio for each unit, AMENDED PLAT OF NAY-OHEIGHTS CONDOMINIUM, as the same is defined and established and identified on the "Record of Survey Map of AMENDED PLAT OF NAYON HEIGHTS CONDOMINIUM, duly recorded in the Office of the Davis County Recorder on December 31, 1975, as entry No. 425565, and in Book 587, Page 965, of Official Records, and in the Declaration of Condominium of NAYON HEIGHTS CON- DOMINIUM, dated June 6, 1973 and recorded June 15,1973 and recorded June No. 1973 as entry 15, 381846, in Book 518, Pages 456 to 474, inclusive of Official Records, and as amended by Amended Declaration recorded December 31, 1975, as entry No. 425566, in OffiBook 587, Page 966 of cial Records, and as amended by Amended Declaration, recorded January 23, 1976, as entry No. 426833, in Book 590, Page 97 of official records of Davis County, Utah. Together with an undivided interest for each unit in and to the Common Area as the same is established and identified in the Map and Declaration referred to hereinabove. Together with and subject to easements through said Unit, Appurtenant to the Common Area, and all other Units for the support and repair of said Unit, of the Common Area, and all other units, and as of record: Subject to the provisions of the Utah Condominium Own- ership Act, the aforesaid "Declaration", the aforesaid "Survey Map", and all rules, regulations and agreements lawfully made andor entered into pursuant to the provisions of the aforesaid Act and Declaration, and all easements, conditions and restrictions of record. Together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property- The current beneficiary of the trust deed is U.S. Mortgage and the record owner of the property as of the recording of the notice of default is Darcy Pachuca. The sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other condition of which the trustee is not aware that would cause the cancellation of the sale. If any such condition exists, the sale shall be void, the successful bidder's funds returned and the trustee and current beneficiary shall not be liable to the successful bidder for any damage. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. The deposit must be in the form of a cashier's check or certified funds payable to Lundberg & Associates. The balance must be in the form of a wire transfer, cashier's check or certified funds payable to Lundberg & Associates. Cash payments are not accepted. A trustee's deed will be delivered to the successful bidder within three business days after receipt of the amount bid. DATED: September 10, 2004. Scott Lundberg, Trustee 3269 South Main, 100 Salt Lake City, UT 84115 (801)263-340- 0 Office Hours: 8:00 a.m. -- 5:00 p.m. L&A Case No. 41385 Team BCRE THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY TION OBTAINED USED FOR THAT INFORMAWILL BE PURPOSE. 914-2- NOTICE OF TRUSTEE'S SALE The described following property will be sold at public auction to the highest bidder, payable in lawful money of trie United States at the time of sale, at the Justice Complex, Court's Building, 800 West State Street, Farmington, Utah 84025, on October 13, 2004, at 4:45 p.m. of said day, for the purpose of foreclosing a trust deed dated April 18, 2001, and GARY LEE executed by BARBARA AND FAULK S. FAULK, as Trustors, in favor of AMERICA FIRST CREDIT UNNKA AMERICA FIRST ION FEDERAL CREDIT UNION, as Beneficiary, which Trust Deed was recorded on April 23, 2001, as Entry No. 1655571, in Book 2792, at Page 628, in the Official Records of Davis County, State of Utah covering real property purportedly located at 2755 East 2450 North, Layton, Ut 84040 in Davis County, Utah, and more particularly described as: ALL OF LOT 23, OAK FORA SUBDIVISION OF EST, PART OF SECTION 11, 4 TOWNSHIP NORTH, 1 RANGE WEST, SALT LAKE MERIDIAN, IN THE ACCITY OF LAYTON, CORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE DAVIS COUNTY RECORDER'S OFFICE. Tax ID: The current Beneficiary of the trust deed is AMERICA FIRST CREDIT UNION NKA AMERICA FIRST FEDERAL CREDIT UNION, and the record owners of the property as of the recording of the Notice of Default are GARY LEE FAULK AND BARBARA S. FAULK. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase price by 2:00 p.m. the day following the sale. Both the deposit and the balance must be paid to Westland Title Insurance Agency, Inc. in the form of a wire transfer, cashiers check or certified funds. Cash payments, personal checks or trust checks are not accepted. DATED: September 9, 2004. WESTLAND TITLE INSURANCE AGENCY, INC. by:Debborah Bair its: Vice President Telephone: (801) 476-030- 3 Web site: smithknowles.com SKH file No. 914-2- 8 NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States at the time of sale, at the Justice Complex, Court's Building, 800 West State Street, Farmington, Utah 84025, on October 13, 2004, at 4:45 p.m. of said day, for the purpose of foreclosing a trust deed dated November 29, 1999, and executed by BRENT N. RICE AND CHRISHELLE A. RICE, as Trustors, in favor of REPUBLIC MORTGAGE, DIOLD KENT VISION OF MORTGAGE COMPANY, as Beneficiary, which Trust Deed was recorded on December 1, 1999, as Entry No. 1561647, in Book 2588, at Page 393, in the Official Records of Davis County, State of Utah covering real property purportedly located at 61 East 850 South, Lay-toUt 84041 in Davis County, Utah, and more particularly described as: ALL OF LOT 52, HERITAGE FIELDS SUBDIVISION, LAY-TOCITY, DAVIS COUNTY, ACCORDING TO UTAH, PLAT THE OFFICIAL THEREOF. Tax ID: The current Beneficiary of the trust deed is UTAH HOUSING FINANCE AGENCY NKA UTAH HOUSING CORPORATION, and the record owners of the property as of the recording of the Notice of Default are BRENT N. RICE AND CHRISHELLE A. RICE. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase price by 2:00 p.m. the day following the sale. Both the deposit and the balance must be paid to Westland Title Insurance Agency, Inc. in the form of a wire transfer, cashiers check or certified funds. Cash payments, personal checks or trust checks are not accepted. DATED: September 9, 2004. WESTLAND TITLE INSURANCE AGENCY, INC. by: Debborah Bair its: Vice President Telephone: (801) 476-030- 3 Web site: smithknowles.com 7 SKH file No. 914-2- 8 |