General Information

Government Type

Municipality

Entity

Woods Cross

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

Intention to Designate Assessment Area

Notice Tags

Public Meetings, Hearings

Notice Type(s)

Notice, Meeting, Hearing

Event Start Date & Time

November 17, 2020 06:30 PM

Event End Date & Time

November 17, 2020 10:00 PM

Description/Agenda

NOTICE OF INTENTION TO DESIGNATE ASSESSMENT AREA PUBLIC NOTICE IS HEREBY GIVEN that on October 20, 2020, the City Council of Woods Cross City, Utah, adopted a resolution (the 'Resolution') declaring its intention to designate the Woods Cross City, Utah 1960 South Street Assessment Area (the 'Assessment Area') to finance the costs of acquiring property, constructing road improvements, along with other necessary miscellaneous improvements at approximately 1960 South 1100 West (collectively, the 'Improvements') within the Assessment Area and to levy a special assessment (the 'Assessment' or 'Assessments') for a period of twenty years as provided in Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the 'Act'), on real property situated within the Assessment Area for the benefit of which such assessments are to be expended in the management and costs of the Improvements. DESCRIPTION OF ASSESSMENT AREA The Assessment Area is described as follows: Woods Cross City Well Property (06-084-017). The following subdivisions and lots: Woods Cross Industrial Park lots 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, and 14; Woods Cross Industrial Park 8, 9, 10 lots 13 and 14; and Alumatek lots 1, 2, 3, 4, 5, 6, 7, and 8. The following legal description: A part of the Northeast Quarter of Section 35, T.2N., R.1W., S.L.B.&M. more particularly described as follows: Beginning at a point on the westerly right of way line of 1100 west Street said point being N.90°00'00'W. 258.45 feet to the centerline of 1100 West Street as monumented and S.00°29'30'W. 436.18 feet along said center line and N.90°00'00'W. 33.00 feet from the Northeast Corner of said Section 35; thence as follows S.00°29'30'W. 320.58 feet along said westerly right of way line to the northerly boundary line of Woods Cross Industrial Park subdivision; thence N.89°42'16'W. 577.73 feet along said northerly boundary line; thence N.00°09'38'E. 315.42 feet; thence Northeasterly 47.18 feet along a 30.00 foot radius curve to the right, through a central angle of 90°06'57' (chord bears N.45°13'07'E. 42.47 feet); thence S.89°43'25'E. 524.57 feet; thence Southeasterly 39.36 feet along a 25.00 foot radius curve to the right, through a central angle of 90°12'55' (chord bears S.44°36'57'E. 35.42 feet); to the point of beginning. Containing 199,661 square feet more or less. Due to COVID-19, the Resolution, maps, and other information about the Assessment Area are available for examination in the offices of the Woods Cross City Recorder, 1555 South 800 West, Woods Cross City, Utah on Tuesdays and by appointment on any other weekday by contacting Gary Uresk at 801-292-4421 or guresk@woodscross.com. ASSESSMENT RATE, FINANCIAL PLAN AND SOURCES AND USES OF FUNDS The Assessment is proposed to be levied on benefited property within the Assessment Area to pay for the Improvements according to the estimated benefits to the property from such Improvements. The Improvements will be financed with bonds. The estimated interest rate to be paid on the bonds is 4.0% and the term of the bonds is estimated to be twenty (20) years. RESERVE FUND It is the intent of the City to create and fund a reserve fund from proceeds of the bonds. Such reserve fund will be replenished from funds received from the foreclosure of delinquent properties. The City may also elect to replenish the Reserve Fund including by any of the methods provided in Section 11-42-701(2) of the Act. Any funds remaining in the reserve fund upon full payment of the bonds will first be dispersed to the City to repay any advances made (including interest thereon) and second, be dispersed to the property owner's in accordance with such owners' pro-rata share of the Assessments. BASIS FOR ASSESSMENT The total construction costs of the Improvements including estimated overhead costs and administrative costs, is estimated by an engineer at $2,496,940, of which it is anticipated to be paid by assessments to be levied against the properties within the Assessment Area to be benefited by such Improvements, which benefits need not actually increase the fair market value of the properties to be assessed. The City expects to initially finance $2,860,000 (including capitalized interest) to be used for the cost of the Improvements. The cost of Improvements to be assessed against the benefited properties within the Assessment Area shall initially be assessed using a per acre methodology. The total estimated Assessment specific to your property is as described in Exhibit A attached hereto. As permitted by, and in accordance with the Act, from time to time additional property may be added to the Assessment Area, at which time the remaining Assessments shall be reallocated proportionately by the City Recorder using a weighted average method of assessment based on the number of acres allocated amongst all property owners within the Assessment Area, as further described in the Assessment Resolution. PAYMENT OF ASSESSMENTS The owners of benefitted properties have the right to prepay the assessment without interest within twenty-five (25) days after the Resolution levying the assessments becomes effective. A property owner may prepay the assessment as provided in the Assessment Resolution. The assessments shall be levied against properties in a manner that reflects an equitable portion of the benefit of the Improvements as required by the Act. The Assessment will be collected by directly billing each property owner. Other payment provisions and enforcement remedies shall be in accordance with the Act. The City has determined that the reasonable useful life of the Improvements is at least twenty (20) years and that it is in the City and the owners' best interest for certain property owner installments to be paid for up to twenty (20) years, if not prepaid. PUBLIC HEARING The City Council shall hold a public hearing on November 17, 2020 at 6:30 p.m. at the Woods Cross Public Works Facility, located at 2287 South 1200 West, Woods Cross City, Utah to hear all objections related to the Assessment Area as set forth in the Act. TIME FOR FILING PROTESTS PROTESTS FROM PROPERTY OWNERS OBJECTING TO THE ASSESSMENT AREA DESIGNATION OR OBJECTING TO BEING ASSESSED FOR THE IMPROVEMENTS MUST BE RECEIVED BY THE CITY BEFORE 5:00 P.M. ON JANUARY 18, 2021. TO BE COUNTED AGAINST THE CREATION OF THE ASSESSMENT AREA, PROTESTS OR OBJECTIONS MUST BE IN WRITING, SIGNED BY THE OWNERS OF THE PROPERTY PROPOSED TO BE ASSESSED. PROTESTS OR OBJECTIONS MAY BE MAILED TO THE CITY AT 1555 S 800 W, WOODS CROSS, UT 84087, ATTN: GARY URESK OR A COPY EMAILED TO GURESK@WOODSCROSS.COM. The written protest must describe or otherwise identify said property. If the aggregate taxable value of property that is the subject of timely filed written protests represents at least 40% of the aggregate taxable value of all property within the Assessment Area, the City Council will not impose the Assessment. Protests withdrawn prior to the expiration of the protest period and protests from areas deleted from the Assessment Area will not be counted against the creation of the Assessment Area. On Tuesday, February 2, 2021 (such date being within 15 days after the date the protest period expires), at 6:30 p.m. at the Woods Cross Public Works Facility, located at 2287 South 1200 West, Woods Cross City, Utah, the City Council shall count the written protests filed and calculate whether adequate protests have been filed and hold a public meeting to announce the protest tally and whether adequate protests have been filed. The City shall post the total and percentage of the written protests it has received on its website at least five days before such meeting. BY RESOLUTION OF THE CITY COUNCIL OF WOODS CROSS CITY, UTAH /s/ Jessica Sims Deputy City Recorder EXHIBIT A ASSESSMENT BY PARCEL # Subdivision Lot Tax ID # Owner Assessment 1 Woods Cross Ind. Park 1 06-313-0001 Woods Cross Properties, LLC $62,959.16 2 Woods Cross Ind. Park 2 06-313-0002 Woods Cross Properties, LLC 66,694.03 3 Woods Cross Ind. Park 3 06-313-0003 Woods Cross Properties, LLC 114,713.73 4 Woods Cross Ind. Park 4 06-313-0019 Woods Cross Properties, LLC 202,749.85 5 Woods Cross Ind. Park 5 06-313-0005 Legacy Preparatory Academy 320,131.34 6 Woods Cross Ind. Park 6 06-313-0006 WX Industrial LLC 230,494.56 7 Woods Cross Ind. Park 7 06-313-0007 WX Industrial LLC 214,488.00 8 Woods Cross Ind. Park 11 06-313-0011 Up Right Properties, LLC 109,911.76 9 Woods Cross Ind. Park 12 06-313-0012 Moffit-Thomas Holdings, LLC 104,576.24 10 Woods Cross Ind. Park 13 06-313-0013 WX Industrial LLC 124,851.22 11 Woods Cross Ind. Park 14 06-313-0014 WX Industrial LLC 122,717.01 12 (Metes and Bounds) -- 06-084-0017 City of Woods Cross 6,402.63 13 Woods Cross Ind. Park 8, 9, 10 13 06-373-0013 City of Woods Cross 364,949.72 14 Woods Cross Ind. Park 8, 9, 10 14 06-373-0014 WX Industrial LLC 161,666.32 15 Alumatek 1 06-226-0001 Grant S. Bailey 63,492.71 16 Alumatek 2 06-226-0002 GB Woods Cross Investments 106,710.45 17 Alumatek 3 06-226-0003 GB Woods Cross Investments 79,499.28 18 Alumatek 4 06-226-0004 Greg R. Bailey 68,294.68 19 Alumatek 5 06-226-0005 Greg R. Bailey 53,355.22 20 Alumatek 6 06-226-0006 Greg R. Bailey 53,355.22 21 Alumatek 7 06-226-0007 Heritage Invest. & Dev. Corp 53,355.22 22 Alumatek 8 06-226-0008 Greg R. Bailey 89,103.22 23 (Metes and Bounds) -- 06-084-0047 Ken Holm & Kim Green 85,528.42 TOTAL $2,860,000.00

Notice of Special Accommodations (ADA)

NOTICE OF SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Maureen Nelson @ 801-292-4421 24 hours prior to the meeting.

Notice of Electronic or Telephone Participation

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Other Information

CANCELLED

Meeting Information

Meeting Location

1555 South 800 West
Woods Cross, UT 84087
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Contact Name

Bryce Haderlie

Contact Email

bhaderlie@woodscross.gov

Notice Posting Details

Notice Posted On

November 05, 2020 04:32 PM

Notice Last Edited On

November 13, 2020 05:49 PM

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