General Information

Government Type

Municipality

Entity

Brian Head

Public Body

Brian Head Town Council

Notice Information

Add Notice to Calendar

Notice Title

Snowshoe Toboggan Special Assessment Area - Final Assessment Ordinance Adoption

Notice Tags

Special District's Taxing Authority

Notice Type(s)

Notice

Event Start Date & Time

August 28, 2024 09:00 AM

Event End Date & Time

August 28, 2024 09:00 AM

Description/Agenda

FINDINGS, RECOMMENDATIONS, AND DECISION OF BOARD OF EQUALIZATION AND ASSESSMENT ORDINANCE OF THE TOWN COUNCIL ORDINANCE NO. 24-010 FINDINGS, RECOMMENDATION AND DECISION OF THE BOARD OF EQUALIZATION FOR ASSESSMENT AREA NO. 2023-1 (SNOWSHOE-TOBOGGAN) AND AN ORDINANCE CONFIRMING THE ASSESSMENT LISTS AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE DESCRIBED ASSESSMENT AREA, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE COST OF WATER IMPROVEMENTS; ESTABLISHING A RESERVE FUND; ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE; AND RELATED MATTERS. WHEREAS, the Town Council adopted a Notice of Intention to create the Town of Brian Head, Utah Special Assessment Area No. 2023-1 (Snowshoe-Toboggan) on August 8, 2023, (the 'Assessment Area'), and published said Notice as required by law; and WHEREAS, in accordance with the Notice of Intention and after giving notice as required by statute, public hearings with respect to the above described Assessment Area were held on September 12, 2023; and WHEREAS, prior to and at the hearing, persons having an interest in the Assessment Area were allowed to protest the creation thereof and all protests, written and verbal against the creation of the above-described Assessment Area were heard and considered by the Town Council; and WHEREAS, on November 14, 2023, the Town Council designated the Assessment Area No. 2023-1 (Snowshoe-Toboggan) by resolution to construct the improvements as set forth in the associated Notice of Intention for the properties designated, which designation and creation resolution was recorded with the Iron County Recorder, along with a list of the impact properties, as Entry No. 00812928, in Book 1662, at Pages 1407 through 1445 on December 12, 2023; and WHEREAS, the Engineer for the Town of Brian Head has prepared the proposed assessment list for the Assessment Area and the Town called a board of equalization and review consisting entirely of the Town Council for the purpose of considering any objections and corrections to said assessment lists related to the herein referenced Assessment Area; and The Board of Equalization and Review for Town of Brian Head, Utah Special Assessment Area No. 2023-1 (Snowshoe-Toboggan) (the 'Board') presented to the Town Council its report and stated that it had reviewed statements, comments, and complaints on each property in the Assessment Area described herein as listed in the minutes of the hearings of the Board held on July 31, August 1, and 2, 2024. The following Findings, Recommendations, and Decisions were then presented to the Town Council by the Board: FINDINGS The proposed assessments set forth in the respective assessment lists are just and equitable with the adjustments as noted on the assessment list, that each piece of property will benefit in an amount not less than the assessment to be levied against it and that no piece of property listed on the assessment list will bear more than its proportionate share of the cost of the improvements RECOMMENDATION AND DECISION It is the decision of the Board of Equalization that the proposed assessment list by the Board of Equalization, which assessment list, with any adjustments thereto, is attached hereto, is equitable and that the improvements being financed thereby constitute a benefit to the properties to be assessed. The Board of Equalization respectfully recommends that the Town Council approve and confirm the assessment list and adopt an ordinance levying the assessments set out in the assessment list. WHEREAS, the Board of Equalization found that the proposed assessments set forth in the assessment list are just and equitable, that each piece of property will benefit in an amount not less than the assessment to be levied against it, and that no piece of property listed on the assessment list will bear more than its proportionate share of the cost of the improvements; and A motion was then made by Council Member Marshall and seconded by Council Member Tidwell that the Town Council accept the Recommendation and Decision of the Board regarding the proposed assessments to be levied within the Assessment Area. The motion carried unanimously. WHEREAS, the Town Council desires to adopt an assessment ordinance consistent with the findings and recommendations of the Board of Equalization. Section 1. Ratification of Proceedings. The Town Council hereby ratifies all actions taken by the Town, including the calling of the Board of Equalization, and otherwise approves of all notices and actions related to the assessment list for the Assessment Area. Section 2. Determination of Costs. All costs and expenses for the making of the Improvements within the respective Assessment Area as herein described have been determined, the property price for all property to be acquired to make the Improvements has been finally determined and the reasonable cost of any work to be done has been determined. Section 3. Approval of Assessment Lists; Findings. The Town Council (the 'Council') of the Town of Brian Head, Utah (the 'Issuer') hereby accepts the findings and recommendations of the Board of Equalization and Review and confirms the assessment list, (the 'Assessment List') for Town of Brian Head, Utah Special Assessment Area No. 2023-1 (Snowshoe-Toboggan) (the 'Assessment Area'), and hereby confirms that the Assessment List is just and equitable; that each piece of property to be assessed within the Assessment Area will be benefitted in an amount not less than the assessment to be levied against said property; and that no piece of property listed in the Assessment List will bear more than its proportionate share of the cost of such Improvements. Section 4. Levy of Assessments. The Town Council of the Issuer does hereby levy an assessment to be assessed upon the real property identified in the Assessment List. The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments hereby levied are for the purpose of paying the costs of the water improvements and of completing any miscellaneous work necessary to complete the improvements in a proper and workmanlike manner (collectively, the 'Improvements'). The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List according to the extent that they are specially benefitted by the Improvements acquired or constructed within the Assessment Area. The assessments are levied upon the parcels of land in the Assessment Area at equal and uniform rates for engineering fees and at actual cost per connection. Section 5. Cost of Improvements; Amount of Total Assessments. The total estimated cost of the Improvements in the Assessment Area No. 2023-1 (Snowshoe-Toboggan) is $2,881,000.00, of which the total estimated cost the Issuer's portion or amount to be paid by the Issuer is $2,229,000, such that the total assessment for all properties to be assessed equal $652,000.00, or for a single lot the amount to be assessed of $9,588.00. The Issuer's portion for the Assessment Area includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefitted by the Improvements in the Assessment Area is $652,000.00, which amount does not exceed in the aggregate the sum of: (a) the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidders therefor and a portion of the costs of engineering, designing, and inspection; (b) the acquisition price of improvements; (c) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, if any; (d) the property price, if any; (e) connection fees, if any; (f) the interest on any interim warrants issued against the Assessment Area; (g) overhead costs not to exceed fifteen percent (15%) of the sum of (a), (c) and (e); and (h) where the assessment is levied prior to the time all of the Improvements in the Assessment Area are entirely completed and accepted, an amount for contingencies of not to exceed 10% of the sum of (a), (c) and (d). Section 6. Method and Rate. The total assessment for the Assessment Area is levied in accordance with the following method and at the following rates: The total assessment for each water improvement within the Assessment Area No. 2023-1 (Snowshoe-Toboggan) and is the estimated cost of construction per lot with the maximum construction cost for a lot of $9,588.00, as set forth in the Assessment List in the office of the Town Clerk. Section 7. Payment of Assessments. The whole or any part of the assessments for the Assessment Area may be paid without interest within 25 days after this Ordinance becomes effective. Any part of the assessment not paid within such 25-day period shall be payable over a period of 10 years from the effective date of this Ordinance in 10 substantially equal annual installments, including interest (which interest may include ongoing local entity costs incurred for administration of the assessment area) on the unpaid balance of the assessment at the same rate as the net effective interest rate of the Assessment Bonds as herein described anticipated to be issued by the Issuer to amortize all or part of the Assessment. The assessment payment dates shall be due with the annual property tax assessment on approximately December 1st of each year. Interest shall accrue from the effective date of this Ordinance until paid. IDENTIFICATION OF AFFECTED PROPERTY SAA No. 2023-1 (Snowshoe-Toboggan (LEGAL DESCRIPTION AND TAX ID NUMBER) Parcel # Subdivision Lot # Block # Physical Address and Amount A-1145-0000-000A-06 Ski Haven Chalets 6 A 201 E STEAM ENGINE DR $9,588.00 A-1215-000A-0001 Ski Haven Chalets 1 A 235 E SNOW SHOE CIR $9,588.00 A-1216-000C-0002 Ski Haven Chalets 2 C 202 E STEAM ENGINE DR $9,588.00 A-1215-000B-0002 Ski Haven Chalets 2 B 224 E SNOW SHOE CIR $9,588.00 A-1215-000B-0003 Ski Haven Chalets 3 B 238 E SNOW SHOE CIR $9,588.00 A-1215-000B-0011 Ski Haven Chalets 11 B 265 E SNOWMAN DR $9,588.00 A-1215-000B-0012 Ski Haven Chalets 12 B 251 E SNOWNAN DR $9,588.00 A-1215-000C-0007 Ski Haven Chalets 7 C 248 E SNOWMAN DR $9,588.00 A-1215-000B-0013 Ski Haven Chalets 13 B 237 E SNOWMAN DR $9,588.00 A-1215-000C-0008 Ski Haven Chalets 8 C 238 E SNOW SHOE DR $9,588.00 A-1215-000C-0015 Ski Haven Chalets 15 C 295 TOBOGGAN LN $9,588.00 A-1215-000C-0009 Ski Haven Chalets 9 C 220 E SNOW SHOE DR $9,588.00 A-1215-000B-0014 Ski Haven Chalets 14 B 231 E SNOWMAN DR $9,588.00 A-1215-000C-0010 Ski Haven Chalets 10 C 216 E SNOWMAN DR $9,588.00 A-1215-000C-0011 Ski Haven Chalets 11 C 215 TOBOGGAN LN $9,588.00 A-1215-000B-0015 Ski Haven Chalets 15 B 225 S SHOW SHOE DR $9,588.00 A-1215-000D-0004 Ski Haven Chalets 4 D 212 S SNOW SHOE DR $9,588.00 A-1215-000D-0005 Ski Haven Chalets 5 D 220 S SNOW SHOE DR $9,588.00 A-1215-000D-0006 Ski Haven Chalets 6 D 228 S SNOW SHOE DR $9,588.00 A-1215-000D-0007 Ski Haven Chalets 7 D 222 TOBOGGAN LN $9,588.00 A-1215-000D-0008 Ski Haven Chalets 8 D 238 TOBOGGAN LN $9,588.00 A-1215-000D-0009 Ski Haven Chalets 9 D 246 TOBOGGAN LN $9,588.00 A-1215-000D-0010 Ski Haven Chalets 10 D 256 TOBOGGAN LN $9,588.00 A-1215-000D-0011 Ski Haven Chalets 11 D 266 TOBOGGAN LN $9,588.00 A-1215-000D-0012 Ski Haven Chalets 12 D 276 TOBOGGAN LN $9,588.00 A-1215-000D-0013 Ski Haven Chalets 13 D 286 TOBOGGAN LN $9,588.00 A-1215-000B-0008 Ski Haven Chalets 8 B 315 E SNOWMAN DR $9,588.00 A-1215-000C-0012 Ski Haven Chalets 12 C 261 TOBOGGAN LN $9,588.00 A-1215-000C-0013 Ski Haven Chalets 13 C 289 TOBOGGAN LN $9,588.00 A-1215-000D-0019 Ski Haven Chalets 19 D 296 TOBOGGAN LN $9,588.00 A-1215-000C-0014 Ski Haven Chalets 14 C 291 TOBOGGAN LN $9,588.00 A-1215-000D-0020 Ski Haven Chalets 20 D 306 TOBOGGAN LN $9,588.00 A-1215-000D-0021 Ski Haven Chalets 21 D 316 TOBOGGAN LN $9,588.00 A-1215-000C-0016 Ski Haven Chalets 16 C 297 TOBOGGAN LN $9,588.00 A-1215-000C-0006 Ski Haven Chalets 6 C 266 E SNOW SHOE DR $9,588.00 A-1215-000B-0009 Ski Haven Chalets 9 B 287 E SNOW SHOE DR $9,588.00 A-1214-000A-0001 Ski Haven Chalets 1 A 301 TOBOGGAN LN $9,588.00 A-1214-000A-0002 Ski Haven Chalets 2 A 331 TOBOGGAN LN $9,588.00 A-1214-000B-0002 Ski Haven Chalets 2 B 176 SNOWMOBILE RD $9,588.00 A-1214-000B-0005 Ski Haven Chalets 5 B 322 TOBOGGAN LN $9,588.00 A-1214-000B-0006 Ski Haven Chalets 6 B 108 S SNOWMOBILE RD $9,588.00 A-1215-000D-0018 Ski Haven Chalets 18 D 343 E TOBOGGAN CIR $9,588.00 A-1215-000D-0014 Ski Haven Chalets 14 D 296 E TOBOGGAN CIR $9,588.00 A-1215-000D-0017 Ski Haven Chalets 17 D 333 E TOBOGGAN CIR $9,588.00 A-1215-000D-0016 Ski Haven Chalets 16 D 332 E TOBOGGAN CIR $9,588.00 A-1215-000D-0015 Ski Haven Chalets 15 D 314 E TOBOGGAN CIR $9,588.00 A-1143-0011-000E-05 Ski Haven Chalets 5 E 195 SNOWMOBILE RD $9,588.00 A-1214-000E-0006 Ski Haven Chalets 6 E 183 SNOWMOBILE RD $9,588.00 A-1143-0011-000E-04 Ski Haven Chalets 4 E 217 SNOWMOBILE RD $9,588.00 A-1143-0011-000E-03 Ski Haven Chalets 3 E 239 SNOWMOBILE RD $9,588.00 A-1143-0011-000C-44 Ski Haven Chalets 44 C 347 E SKATE CIR $9,588.00 A-1143-0011-000B-01 Ski Haven Chalets 1 B 212 S SNOWMOBILE RD $9,588.00 A-1214-000E-0007 Ski Haven Chalets 7 E 179 SNOWMOBILE RD $9,588.00 A-1214-000E-0008 Ski Haven Chalets 8 E 165 SNOWMOBILE RD $9,588.00 A-1214-000B-0004 Ski Haven Chalets 4 B 120 S SNOWMOBILE RD $9,588.00 A-1214-000E-0009 Ski Haven Chalets 9 E 143 SNOWMOBILE RD $9,588.00 A-1214-000B-0003 Ski Haven Chalets 3 B 142 S SNOWMOBILE RD $9,588.00 A-1214-000E-0010 Ski Haven Chalets 10 E 119 SNOWMOBILE RD $9,588.00 A-1214-000E-0011 Ski Haven Chalets 11 E 92 S SPRING CIR $9,588.00 A-1214-000E-0012 Ski Haven Chalets 12 E 88 S SPRING CIR $9,588.00 A-1214-000A-0003 Ski Haven Chalets 3 A 351 TOBOGGAN LN $9,588.00 A-1215-000C-0005 Ski Haven Chalets 5 C 224 E SNOWMAN DR $9,588.00 A-1215-000B-0010 Ski Haven Chalets 10 B 279 E SNOWMAN DR $9,588.00 A-1215-000B-0001 Ski Haven Chalets 1 B 55 S SNOW SHOE DR $9,588.00 A-1216-000D-0001 Ski Haven Chalets 1 D 91 S SNOW SHOE DR $9,588.00 A-1216-000D-0002 Ski Haven Chalets 2 D 119 S SOUTH SNOW SHOE DR $9,588.00 A-1216-000D-0003 Ski Haven Chalets 3 D 137 S SNOW SHOE DR $9,588.00 A-1215-000D-0003 Ski Haven Chalets 3 D 206 S TOBOGGAN LN $9,588.00 A-1215-000C-0004 Ski Haven Chalets 4 C 302 E SNOWSHOE DR $9,588.00 Please see the attached for the entirety of the ordinance.

Notice of Special Accommodations (ADA)

In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Nancy Leigh (435) 677-2029 at least three days prior to the meeting.

Notice of Electronic or Telephone Participation

Available to Board Members as per Ordinance No. 11-003 authorizes public bodies to establish written procedures governing the calling and holding of electronic meetings at which one or more members of the Council may participate by means of electronic com

Meeting Information

Meeting Location

Town Hall Council Chambers
56 North SR 143
Brian Head, UT 84719
Show in Apple Maps Show in Google Maps

Contact Name

Nancy Leigh

Contact Email

nleigh@bhtown.utah.gov

Contact Phone

(435)677-2029

Notice Posting Details

Notice Posted On

September 03, 2024 02:51 PM

Notice Last Edited On

September 03, 2024 02:51 PM

Subscribe by Email

Subscription options will send you alerts regarding future notices posted by this Body.