serving 2012-05-25 through 2012-06-15
AMENDED NOTICE OF INTENTION TO DESIGNATE ASSESSMENT AREA PUBLIC NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of Ogden City, Utah (the "City ") proposes to designate an assessment area to be known as the Ogden Downtown Special Assessment Area No. 2 (the "Assessment Area "). It is the proposal of the Council to continue to provide economic promotion activity benefit herein described to properties within the proposed Assessment Area and to finance a portion of the cost of the proposed promotion activities within the Assessment Area and to levy assessments as provided in Title 11 Chapter 42, Utah Code Annotated 1953, as amended (the "Act ") on the properties lying within the Assessment Area for the benefit of which such assessments are to be expended in provision of economic promotion activities in the area. DESCRIPTION OF AREA The proposed Assessment Area shall include commercial properties as follows: (1) Northern Boundary: All commercial properties that border the south side of the Ogden River; (2) Southern Boundary: All commercial properties on both sides of 28th Street, that have access to 28th Street; (3) Eastern Boundary; All commercial properties on both sides of Adams Avenue, that have access to Adams Avenue; (4) Western Boundary: All commercial properties on both sides of Wall Avenue, that have access to Wall Avenue. A map of the Boundary is available to the public for review at the office of the Ogden City Recorder, 2nd Floor, Municipal Bldg., 2549 Washington Blvd., Ogden UT 84401. DURATION OF ASSESSMENT AREA PERIOD The proposed Assessment Area shall exist three (3) years, beginning on June 26, 2012 and ending on June 26, 2015. PROPOSED IMPROVEMENTS AND LOCATION This assessment area does not contemplate physical improvements to affected properties. This assessment area anticipates downtown economic promotion activities that will benefit the properties within the Assessment Area. These activities and their estimated budgets are available to the public for review at the office of the Ogden City Recorder, 2nd Floor, Municipal Bldg., 2549 Washington Blvd., Ogden UT 84401. ESTIMATED COST OF ECONOMIC PROMOTION ACTIVITIES AND METHOD OF ASSESSMENT Assessments for the proposed downtown economic promotion activities will be levied based upon the taxable value (as it appears on the most recent tax records of Weber County) of the properties to be assessed within the proposed Assessment Area. For those properties which are exempt from the levy of a property tax, any levy on those properties may be based on the "market value ' of said property as it appears on the most recent tax records of Weber County. The total cost of the economic downtown promotion activities including administrative costs is estimated to be $143,000.00 annually, approximately $23,000.00 annually of which will be paid by the City. The remaining $ 120,000.00 annually will be paid by assessments to be levied against the properties that may be directly or indirectly benefited by such economic promotion activities, which benefits need not actually increase the fair market value of the properties to be assessed. In no event will the City assess more than the total aggregate amount of $143,000.00 annually against the properties benefitted within the proposed Assessment Area. Economic promotion and revitalization of Ogden 's downtown business district is a priority for the administration. Federal grant funds as well as the City 's general fund are being drawn upon in order to accomplish this important objective. The City is currently budgeting approximately $23,000.00 annually from the general fund in support of downtown economic promotion activities funded by the Special Assessment including subsidizing portions of the Farmers Market program, management of the amphitheater and administration of the arts programs. These funded activities, although separate from the activities funded under the special assessment account, compliment and supplement downtown economic promotion activities. DO Inc., the contractor that carries out the economic promotion scope of work adopted by the City, is successful in soliciting both cash and in-kind contributions from business entities to compliment the Special Assessment Area funding. Prior to levying any assessment, the City will carefully consider the effectiveness of previous assessments and will solicit input from business and property owners regarding the proposed use of the Special Area Assessment funds. It is anticipated that this evaluation and analysis will occur before the time of levy. The numbers determined herein are an accurate reflection of what expenditures are necessary in order to make the programs and costs contemplated herein feasible. Additionally, DO Inc. presents an annual accounting to the City Council of its activities and expenditures for the previous 12 month period and will be required to do so again at the end of this Special Assessment Area time period. The cost of a portion of the economic promotion activities to be assessed against the benefitted properties within the Assessment Area and the method of assessment are as follows: Proposed Economic Promotion Activities Assessment Rate Unit of Assessment Administration, Promotion and Marketing, 0.001632%* Taxable value of Events, Event Safety, Building and Land Utilization, final value of property Area/Event Beautification, as set forth in tax Business Environment, rolls of Weber County Event Transportation, General Area Transportation, Business Plan, Centerpiece Projects and Ogden City Arts, Insurance. The proposed assessment will be equal and uniform and applied to the taxable value of individual properties as described herein. LEVY OF ASSESSMENTS It is the proposal of the Council to levy assessments as provided in the Act on all commercial parcels and lots of real property within the proposed Assessment Area. The purpose of the assessment and levy is to pay a portion of the costs of the proposed economic development activities. The method of assessment shall be taxable or final value of the properties proposed to be assessed as described above. The assessments would be paid by property owners in a single payment within thirty (30) days after the ordinance levying the assessment becomes effective. The effective date of levy is anticipated to be August 21, 2012, which will be more than thirty days after anticipated passage of an Ordinance designating the Assessment Area. The annual assessment payment will be due and payable on or before September 19, 2012. Interest on any unpaid balance shall be assessed at a rate of interest not to exceed eight (8%) percent per annum as fixed by the Council. The assessment shall be levied in anticipation of the direct or indirect benefits to be derived by each property within the Assessment Area from the economic promotion activities. Other payment provisions and enforcement remedies shall be in accordance with the Act. TIME FOR FILING PROTESTS Any person who is an owner of record of property to be included within the Assessment Area described in this Notice of Intention to Designate Assessment Area shall have the right to file in writing a protest against the designation of the Area or to make any other objections relating thereto. Protests shall describe or otherwise identify the property owned of record by the person or persons making the protest. Protests shall be filed in writing with the City Recorder of Ogden City, Utah either in person during regular business hours Monday through Friday, or by mail received by the City on or before June 20, 2012, which is more than twenty (20) days after issuance of this Notice for the first time by publication, at the Office of the Ogden City Recorder located on the 2nd Floor of the Ogden City Municipal Bldg, 2549 Washington Blvd., Ogden UT 84401. Thereafter, at 6:00 pm on Tuesday June 26, 2012, the Council will meet in a public meeting at the City Council Chambers, 3rd Floor of the Municipal Building at 2549 Washington Blvd. Ogden UT 84401, to consider all protests filed and hear all objections relating to the proposed Assessment Area, the proposed assessments, and the proposed economic promotion activities. After such consideration and determination, the Council shall either abandon the Assessment Area or adopt an ordinance creating the Assessment Area either as described in this Notice of Intention to Designate Assessment Area or with deletions and changes made as authorized by the Act; but the Council shall abandon the designation of the Assessment Area if the necessary number of protests as provided herein have been filed on or before the time specified in this Notice of Intention to Designate Assessment Area for the filing of protests after eliminating from such filed protests: (i) protests relating to property or relating to a type of Improvement that has been deleted from the Assessment Area, and (ii) protests that have been withdrawn in writing prior to the conclusion of the hearing. The necessary number of protests shall mean the following: Protests representing at least one-half of the total aggregate taxable and final value (as applicable) of all properties to be assessed where an assessment is proposed to be made according to taxable or final value of all properties. PUBLIC HEARING DATE FOR ADOPTION OF ORDINANCE As described above, the public hearing date set to hear argument for abandoning or adopting the ordinance creating the Assessment Area shall be on June 26, 2012 at 6:00 PM in the Ogden City Council Chambers, 3rd Floor of the Municipal Building at 2549 Washington Blvd. Ogden UT 84401. ADOPTED BY THE CITY COUNCIL OF OGDEN, UTAH By: Cindi Mansell City Recorder Pub.: May 25, June 1, 8, 15, 2012. 490289
AMENDED NOTICE OF INTENTION TO DESIGNATE ASSESSMENT AREA PUBLIC NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of Ogden City, Utah (the "City ") proposes to designate an assessment area to be known as the Ogden Downtown Special Assessment Area No. 2 (the "Assessment Area "). It is the proposal of the Council to continue to provide economic promotion activity benefit herein described to properties within the proposed Assessment Area and to finance a portion of the cost of the proposed promotion activities within the Assessment Area and to levy assessments as provided in Title 11 Chapter 42, Utah Code Annotated 1953, as amended (the "Act ") on the properties lying within the Assessment Area for the benefit of which such assessments are to be expended in provision of economic promotion activities in the area. DESCRIPTION OF AREA The proposed Assessment Area shall include commercial properties as follows: (1) Northern Boundary: All commercial properties that border the south side of the Ogden River; (2) Southern Boundary: All commercial properties on both sides of 28th Street, that have access to 28th Street; (3) Eastern Boundary; All commercial properties on both sides of Adams Avenue, that have access to Adams Avenue; (4) Western Boundary: All commercial properties on both sides of Wall Avenue, that have access to Wall Avenue. A map of the Boundary is available to the public for review at the office of the Ogden City Recorder, 2nd Floor, Municipal Bldg., 2549 Washington Blvd., Ogden UT 84401. DURATION OF ASSESSMENT AREA PERIOD The proposed Assessment Area shall exist three (3) years, beginning on June 26, 2012 and ending on June 26, 2015. PROPOSED IMPROVEMENTS AND LOCATION This assessment area does not contemplate physical improvements to affected properties. This assessment area anticipates downtown economic promotion activities that will benefit the properties within the Assessment Area. These activities and their estimated budgets are available to the public for review at the office of the Ogden City Recorder, 2nd Floor, Municipal Bldg., 2549 Washington Blvd., Ogden UT 84401. ESTIMATED COST OF ECONOMIC PROMOTION ACTIVITIES AND METHOD OF ASSESSMENT Assessments for the proposed downtown economic promotion activities will be levied based upon the taxable value (as it appears on the most recent tax records of Weber County) of the properties to be assessed within the proposed Assessment Area. For those properties which are exempt from the levy of a property tax, any levy on those properties may be based on the "market value ' of said property as it appears on the most recent tax records of Weber County. The total cost of the economic downtown promotion activities including administrative costs is estimated to be $143,000.00 annually, approximately $23,000.00 annually of which will be paid by the City. The remaining $ 120,000.00 annually will be paid by assessments to be levied against the properties that may be directly or indirectly benefited by such economic promotion activities, which benefits need not actually increase the fair market value of the properties to be assessed. In no event will the City assess more than the total aggregate amount of $143,000.00 annually against the properties benefitted within the proposed Assessment Area. Economic promotion and revitalization of Ogden 's downtown business district is a priority for the administration. Federal grant funds as well as the City 's general fund are being drawn upon in order to accomplish this important objective. The City is currently budgeting approximately $23,000.00 annually from the general fund in support of downtown economic promotion activities funded by the Special Assessment including subsidizing portions of the Farmers Market program, management of the amphitheater and administration of the arts programs. These funded activities, although separate from the activities funded under the special assessment account, compliment and supplement downtown economic promotion activities. DO Inc., the contractor that carries out the economic promotion scope of work adopted by the City, is successful in soliciting both cash and in-kind contributions from business entities to compliment the Special Assessment Area funding. Prior to levying any assessment, the City will carefully consider the effectiveness of previous assessments and will solicit input from business and property owners regarding the proposed use of the Special Area Assessment funds. It is anticipated that this evaluation and analysis will occur before the time of levy. The numbers determined herein are an accurate reflection of what expenditures are necessary in order to make the programs and costs contemplated herein feasible. Additionally, DO Inc. presents an annual accounting to the City Council of its activities and expenditures for the previous 12 month period and will be required to do so again at the end of this Special Assessment Area time period. The cost of a portion of the economic promotion activities to be assessed against the benefitted properties within the Assessment Area and the method of assessment are as follows: Proposed Economic Promotion Activities Assessment Rate Unit of Assessment Administration, Promotion and Marketing, 0.001632%* Taxable value of Events, Event Safety, Building and Land Utilization, final value of property Area/Event Beautification, as set forth in tax Business Environment, rolls of Weber County Event Transportation, General Area Transportation, Business Plan, Centerpiece Projects and Ogden City Arts, Insurance. The proposed assessment will be equal and uniform and applied to the taxable value of individual properties as described herein. LEVY OF ASSESSMENTS It is the proposal of the Council to levy assessments as provided in the Act on all commercial parcels and lots of real property within the proposed Assessment Area. The purpose of the assessment and levy is to pay a portion of the costs of the proposed economic development activities. The method of assessment shall be taxable or final value of the properties proposed to be assessed as described above. The assessments would be paid by property owners in a single payment within thirty (30) days after the ordinance levying the assessment becomes effective. The effective date of levy is anticipated to be August 21, 2012, which will be more than thirty days after anticipated passage of an Ordinance designating the Assessment Area. The annual assessment payment will be due and payable on or before September 19, 2012. Interest on any unpaid balance shall be assessed at a rate of interest not to exceed eight (8%) percent per annum as fixed by the Council. The assessment shall be levied in anticipation of the direct or indirect benefits to be derived by each property within the Assessment Area from the economic promotion activities. Other payment provisions and enforcement remedies shall be in accordance with the Act. TIME FOR FILING PROTESTS Any person who is an owner of record of property to be included within the Assessment Area described in this Notice of Intention to Designate Assessment Area shall have the right to file in writing a protest against the designation of the Area or to make any other objections relating thereto. Protests shall describe or otherwise identify the property owned of record by the person or persons making the protest. Protests shall be filed in writing with the City Recorder of Ogden City, Utah either in person during regular business hours Monday through Friday, or by mail received by the City on or before June 20, 2012, which is more than twenty (20) days after issuance of this Notice for the first time by publication, at the Office of the Ogden City Recorder located on the 2nd Floor of the Ogden City Municipal Bldg, 2549 Washington Blvd., Ogden UT 84401. Thereafter, at 6:00 pm on Tuesday June 26, 2012, the Council will meet in a public meeting at the City Council Chambers, 3rd Floor of the Municipal Building at 2549 Washington Blvd. Ogden UT 84401, to consider all protests filed and hear all objections relating to the proposed Assessment Area, the proposed assessments, and the proposed economic promotion activities. After such consideration and determination, the Council shall either abandon the Assessment Area or adopt an ordinance creating the Assessment Area either as described in this Notice of Intention to Designate Assessment Area or with deletions and changes made as authorized by the Act; but the Council shall abandon the designation of the Assessment Area if the necessary number of protests as provided herein have been filed on or before the time specified in this Notice of Intention to Designate Assessment Area for the filing of protests after eliminating from such filed protests: (i) protests relating to property or relating to a type of Improvement that has been deleted from the Assessment Area, and (ii) protests that have been withdrawn in writing prior to the conclusion of the hearing. The necessary number of protests shall mean the following: Protests representing at least one-half of the total aggregate taxable and final value (as applicable) of all properties to be assessed where an assessment is proposed to be made according to taxable or final value of all properties. PUBLIC HEARING DATE FOR ADOPTION OF ORDINANCE As described above, the public hearing date set to hear argument for abandoning or adopting the ordinance creating the Assessment Area shall be on June 26, 2012 at 6:00 PM in the Ogden City Council Chambers, 3rd Floor of the Municipal Building at 2549 Washington Blvd. Ogden UT 84401. ADOPTED BY THE CITY COUNCIL OF OGDEN, UTAH By: Cindi Mansell City Recorder Pub.: May 25, June 1, 8, 15, 2012. 490289