TITLE 7. - MUNICIPAL IMPROVEMENTS AND PUBLIC SERVICE PROJECTS

CHAPTER 7-100. - FREEWAY INTERCHANGE DEVELOPMENT PLAN — REPORT. (REPEALED)#

Footnotes:

--- (1) --- (Ord. No. 16-10)

7-110. - Reasons for Selection of the Project Area. (Repealed)#

7-111. - Description of Physical, Social and Economic Conditions of the Area. (Repealed)#

7-112. - Financial Analysis Describing the Proposed Method of Financing Redevelopment at the Project. (Repealed)#

7-113. - Relocation Plan. (Repealed)#

7-114. - Analysis of the Preliminary Plans. (Repealed)#

Part 7-115. - Freeway Interchange Neighborhood Development Plan — Preliminary Plan. (Repealed)#

7-116. - Description of the Redevelopment Project Area. (Repealed)#

7-117. - Definitions. (Repealed)#

7-118. - Statement of Development Objectives. (Repealed)#

7-119. - General Land Use Plan. (Repealed)#

7-120. - Techniques to Achieve Plan Objectives. (Repealed)#

7-121. - Property Acquisition, Disposition, Relocation, and Development. (Repealed)#

7-122. - Other Provisions to Meet State or Local Law. (Repealed)#

7-123. - Provisions for Amending Plan. (Repealed)#

7-124. - Tax Increment Provisions. (Repealed)#

7-125. - Implementation of Redevelopment Project Program. (Repealed)#

7-126. - General Design Objectives. (Repealed)#

7-127. - Specific Design Objectives and Control. (Repealed)#

7-128. - Relocation Plan. (Repealed)#

7-129. - Supporting Documents. (Repealed)#

Part 7-130. - Freeway Interchange Neighborhood Development Plan. (Repealed)#

7-131. - Neighborhood Development Plan. (Repealed)#

7-132. - Purposes of Redevelopment Plan. (Repealed)#

7-133. - Plan Officially Designated. (Repealed)#

7-134. - City Council Findings. (Repealed)#

7-135. - Project Area Restrictions. (Repealed)#

7-136. - Housing Facilities. (Repealed)#

7-137. - Financing of Project. (Repealed)#

CHAPTER 7-200. - TREMONTON CITY DOWNTOWN REDEVELOPMENT PLAN.#

Part 7-210. - Tremonton Central Business District to Be Improved.#

The Tremonton City Council has declared that it is in the best interest and general welfare of the community to assist in the public and private improvements of the Central Business District (CBD) in order to influence the creation of a better economic, social, and physical environment to accommodate the expected growth in the service area. The Utah Neighborhood Development Act (U.C.A. 1953, 11-19-1) authorizes local government officials to establish a Redevelopment Agency to undertake the process of redevelopment. The Agency is the vehicle for the replanning, redesigning, and rehabilitating of areas, structures or uses which show evidence of deterioration and dilapidation, or otherwise pose a threat to the public health and safety of the community.

On December 6, 1980, the Tremonton City Council designated themselves by Ordinance 81.1 as the Redevelopment Agency of the City of Tremonton, complete with all powers and subject to all restrictions provided in the Neighborhood Development Act. The Tremonton City Council has designated by Resolution the general area between 100 North and 100 South from the railroad tracks on the west to the Malad River on the east as the survey area. With the assistance of a redevelopment consultant, a survey of the physical, social and economic conditions was conducted to determine the need and feasibility for undertaking a redevelopment program. The purpose of the survey was to assess the overall conditions within the area which indicate characteristics detrimental to good planning, development, and economic use.

7-211. - Project Boundary Description.#

Beginning at a point 79 feet South of the Southwest corner of Block 13, Plat A, Tremonton City Survey, said point being on the South side of 100 South Street, and on the East edge of the Malad Valley Railroad, running

Thence East 591 feet to the East edge of 100 West Street;

Thence North 244 feet;

Thence East 317 feet to the West edge of Tremont Street;

Thence South 244 feet to the South edge of 100 South Street;

Thence East to the West bank of the Malad River;

Thence Northeasterly along the West bank of the Malad River to the center of Main Street;

Thence Northwesterly along said West bank to a point 900 feet North and 75 feet East of the Southeast corner of Section 3;

Thence West 325 feet;

Thence South 450 feet;

Thence West 150 feet to 200 East Street;

Thence West along the North edge of 100 North Street 1,700 feet to the East edge of the Malad Valley Railroad;

Thence Southwesterly along said railroad to the point of beginning.

7-212. - Description of Existing Conditions in Survey-Project Area.#

(1)

Land Use. Land uses in the project area are tabulated in the land use tabulation. Streets and alleys were not included in the tabulation but are included in the project area. Of the 31-1/3 (31.35) acres of private land in the project some 5-1/2 acres (17.5%) are vacant, and 6-2/3 acres (21.3%) are used for housing. It is felt that 1-1/2 acres of housing and automobile garage area should be cleared due to blight and included with the vacant land for development potential. Commercial sales and offices, etc., account for 29.1% while housing occupies 21.3%. Transportation related activities including car sales, parts, and repair comprise 21.9%, medical-dental total 2.3%, and miscellaneous uses amount to 7.9%.

Refer to "Strengthening Retail Trade in the Tremonton Area," February 1992 and "Marketing and Development Manual," April 1991, for current information on land use, parking, and floor space use in the Central Business District.

(2)

Physical Factors. Physical deficiencies observed in the project area include vacancies, quitting business signs and conversion of retail sales to office use. In addition, some old structures show deterioration and off-street parking is often unmarked and unpaved. On the other hand, evidence of optimism over future growth has encouraged new construction and rehabilitation of some structures. An evaluation of such physical condition as curbs, gutters, sidewalks and street paving shows some areas missing and others deteriorating. Access to off-street parking is generally poor. The Utah Department of Transportation has recently rebuilt Main Street which will remain a Business 84 Route. The compactness of the Central Business District on Main Street remains attractive even though businesses continue to locate farther and farther out from the Central Business District on Main Street. Since Main Street is the only through street east and west there is a bottleneck on each end of the Central Business District. However, the one to the west by the railroad tracks will be easier to correct than the one to the west by the Malad River.

The state is planning I-15 and has constructed I-84 around the City. Tremonton City is in favor of the plan but not the interchange location proposed on I-84 for access to Tremonton, which is located on 10th North instead of Main Street. The bypass of Tremonton, now a fact, is acceptable and should not adversely impact the City. However, the interchange location will make a great difference, possibly adversely affecting I-15 access, and ability to attract potential customers to the Main Street area.

The survey of the project area also revealed other negative factors affecting the overall physical quality of the project area, such as the following:

(a)

Evidence of obsolescence and neglect of buildings and structures.

(b)

Negative visual image of unmaintained and unimproved back lots and rights-of-way.

(c)

Unsightly overhead utility lines and poles.

(d)

Lack of cohesive recognizable identity due to predominance of parking pavement and sidewalks without adequate landscaping.

(e)

General clutter and negative appearance resulting from unscreened outside storage areas.

(f)

Poor aesthetic quality of some advertising signs.

(3)

Social Factors. At the present time approximately 150 persons reside in the project area, living in 15 single family detached units and 47 multi-family structures (two (2) units or more). A few of the homes are among the oldest in the City and are in need of some rehabilitation to bring them up to standard. Homes are found adjacent to commercial uses and between them, and will eventually have to give way to commercial development. At the same time, the higher density structures should be maintained and additional convenient housing supplied either in or near the Central Business District.

(4)

Economic Factors. The project area serves as the major retail center of the northern Bear River Valley. Thus it is important to assure its continued economic vitality. Economic adjustment is seen among the businesses in the project area such as a few vacant buildings and some underutilized second floor space. The general assessed valuation of property in the project area, inclusive of both land and building, is nearly four (4) million dollars. This figure does not include any personal property assessment of the premises. The current assessed valuation for each block and the entire project area is shown on the assessment tabulation.

7-213. - Intent of the Redevelopment Plan.#

It is the intent of this Redevelopment Plan to provide a framework and vehicle for cooperation and consideration of downtown improvements wherein all property owners within a project area will have a right to participate in the redevelopment project. This Plan is not intended to impose any new agency controls, regulations, costs, or tax burdens on any property in a project area.

7-214. - Statement of Redevelopment Objectives.#

As the Agency undertakes a redevelopment project in cooperation with private enterprise, the following general goals and objectives serve as agency guides for redevelopment: (1)

Remove dilapidated buildings, either through property acquisition or in cooperation with the property owner, to permit better land use and facilitate redevelopment.

(2)

Rehabilitate buildings to extend useful life period and assure the sound long-term economic base of the Central Business District.

(3)

Achieve an attractive environment including a sensitive concern for architectural and urban design principles.

(4)

Strengthen the tax base and the economic well being of the City.

(5)

Provide complete improvement of public streets, including curbs, gutters, and sidewalks, street lights, and landscaped areas, as well as alleys and any other public right-of-way.

(6)

Provide for adequate off-street parking.

(7)

Provide for improved pedestrian circulation systems.

(8)

Provide for multi-family housing in and near the redevelopment area.

The redevelopment goals may be accomplished by rehabilitating or replacing structurally substandard buildings, eliminating blighting influences, providing land for needed public facilities, providing off-street parking, removing impediments to land assembly and development, achieving changes in land use, and improving streets, sidewalks, and curbs and gutters as necessary. The goals of the Plan are to be accomplished basically through Agency encouraging of and assisting private enterprise to carry out development activities, except where direct action by the Redevelopment Agency is required to meet community objectives.

7-215. - Redevelopment Plan Concept.#

(1)

General Land Use Plan.

(a)

Land Use Map. The "Land Use Map," in the City Master Plan incorporated herein and made a part of this Plan, indicates that the area is to continue as a "Central Business District" and is zoned accordingly in the Tremonton City Land Development Code.

(b)

Description of Land Uses in the Project Area. The following uses, together with customary accessory uses, are encouraged to continue in the project area:

Private Uses - The land and buildings in the project area may be used for any use specified for a Central Development District as contained in the City of Tremonton Land Development Code.

Public Use Right-of-Way - Streets and alleys in the project area may be altered, abandoned, or closed as necessary for proper development of the project area. Additional public streets, alleys, and easements may be created in the project area as needed for proper development. The public rights-of-way may be used for vehicular and/or pedestrian traffic and activities typically found in public rights-of-way.

Public, Semi-Public, Institutional, and Non-Profit Uses - Parking, open space, public, and quasi-public uses may be interspersed with other uses in the area.

(2)

Redevelopment Project Standards.

(a)

General. A redevelopment project is defined as a project to which the Redevelopment Agency is a partner by virtue of its provision of special improvements, grants, loans, bonds, etc., to a project. Individual property improvements, undertaken independently by property owners without assistance from the Agency, are not to be construed as a redevelopment project.

(b)

New Construction. Any new construction undertaken in partnership with the Redevelopment Agency shall comply with all applicable Codes and Ordinances including the City Building, Electrical and Housing Codes, and City Land Development Code.

(c)

Rehabilitation. If the Agency ever assists in rehabilitation, such rehabilitation shall be in such manner that it will be safe and sound in all physical aspects and be attractive in appearance and not detrimental to the surrounding area. All rehabilitation shall meet existing applicable Codes and mitigate potential seismic damage.

(d)

Limitation of Buildings. The number, type, size, and height of buildings constructed in the project area with assistance from the Redevelopment Agency shall be determined with the Agency as outlined by applicable statutes, ordinances, and codes.

(e)

Signs. All signs shall conform to City sign ordinances as they now exist or are hereafter amended.

(f)

Utilities. The Agency shall require that all utilities be placed underground when physically and economically feasible.

(g)

Incompatible Uses. No future structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors which would be incompatible with the surrounding areas or structures should be encouraged in any part of the project area. Within the project area there should be no extraction of oil, gas, or other mineral substances, nor any opening or penetration for any purpose connected therewith.

(h)

Variances and Special Use Permits. Variances and/or special use permits sought by a redevelopment project shall be obtained in the same manner as non-redevelopment projects — that is, as regulated in the City Land Development Code. The Agency shall not deny any variance or permit granted legally pursuant to said Code.

(i)

Building Permits. Building permits for redevelopment projects shall be obtained in the same manner as other construction projects in the City.

(3)

Actions by the City. The City shall aid and cooperate with the Agency in carrying out this Plan and shall consider actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the spread of conditions causing blight in the area.

(4)

Administration and Implementation of the Plan. The administration and implementation of this Plan, including the preparation and execution of any terms under this Plan shall be performed by the Agency and/or the City through the Mayor or his designee(s) acting as Chief Executive Officer of the Agency.

(5)

Duration of the Plan. The provisions of this Plan shall be effective and the provisions of other documents formulated pursuant to this plan by the City Council until such further action of said Council is taken to terminate this Plan.

(6)

Procedure for Amendment. This Plan may be amended by means of the procedure established in Section 11-19-23 of the Utah Neighborhood Development Act, or by any other procedure established by law.

(7)

Proposed Redevelopment Actions. The Agency proposes to cooperate with property owners and developers to prevent and eliminate the spread of blight and obsolescence in the project area through:

(a)

Negotiated Acquisition of Property. Except as specifically exempted herein, the Agency may acquire but is not required to acquire, real or personal property located in the project area, by gift, device, exchange, purchase or any other lawful method. Certain public bodies are authorized by state law to aid and cooperate, with or without consideration in the planning, undertaking, construction, or operation of a redevelopment project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good.

The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the project area.

(b)

Property Management. During such time as property, if any, in the project area is owned by the Agency, such property shall be under the management and control of the Chief Executive Officer of the Agency. Such property may be rented or leased by the Agency pending its disposition for redevelopment.

(c)

Relocation. The Agency shall assist all persons (including families, business concerns, and others) who may be displaced by a project in finding other locations and facilities. In order to carry out a project with a minimum of hardship to persons who may be displaced from their dwellings, the Agency shall assist individuals and families in finding housing that is decent, safe, sanitary, within their financial means, in reasonably convenient locations, and otherwise suitable to their needs. As applicable, relocation assistance shall conform to all provisions and requirements of the Utah Relocation Assistance Act and the Uniform Real Properties Acquisition and Relocation Assistance Act of 1970.

(d)

Public Improvements, Facilities and Utilities. The Agency is authorized to install and construct or to cause to be installed and constructed the public improvements, public facilities, and public utilities (within or outside the project area) necessary to carry out the Plan. Such improvements, facilities, and utilities may include, but are not limited to, over or underpasses, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical systems, telephone systems, natural gas systems, water systems, parks, plazas, playgrounds, motor vehicle and bicycle parking facilities, and landscaped areas.

(e)

Preparation of Building Sites. With permission of the property owner, the Agency is authorized to prepare as building sites any real property in the project area.

(f)

Rehabilitation. With permission of the property owner, the Agency is authorized to rehabilitate or cause to be rehabilitated any building or structure in the project area.

(g)

Moving of Structures. With permission of the property owner, the Agency is authorized to move or cause to be moved any standard structure or building to a location within or without the project area.

(h)

General Property Disposition and Development. The Agency is authorized to dispose and/or develop property owned by the Agency in accordance with state and local statutes and in accordance with this Plan.

(8)

Financing Redevelopment of the Project Area. The Agency is authorized to finance redevelopment in the project area with financial assistance from the City and State of Utah, the United States of America, agency bonds, property tax increments, interest income, or any other available source, or by any other lawful means.

The principal public means of financing redevelopment in the project area is anticipated to be through tax increment financing, SBA loans, industrial revenue bonds, U.S. Department of Housing and Urban Development Community Development Block Grants and/or Urban Development Action Grants.

(a)

Tax Increment Provisions. All taxes levied upon taxable property within the project area each year by or for the State of Utah, County of Box Elder, City of Tremonton, any district, or other public corporation (hereinafter sometimes called "taxing agencies") after the effective date of the Ordinance approving this Redevelopment Plan, shall be divided as follows:

(i)

That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project area as shown upon the assessment roll used in connection with the taxation of such property of such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies.

(ii)

That portion of said levied taxes each year in excess of such amount in (i) above, shall be allocated to and when collected shall be paid into a special fund of the agency to pay the principal of and interest on bonds, loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, a redevelopment project. Unless and until the total assessed value of the taxable property in the project area exceeds the total assessed value of the taxable property in the project area as shown by the last equalized assessment roll referred to in paragraph (i) hereof, all of the taxes levied and collected upon the taxable property in the project area shall be paid into the funds of the respective taxing agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the project shall be paid into funds of the respective taxing agencies as taxes on all other property are paid.

(iii)

The portion of taxes mentioned in paragraph (i) above may be pledged for the payment of the principal of and interest on the advance of monies, or making of loans, or the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance a redevelopment project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans and indebtedness as appropriate in carrying out the project.

(9)

Implementation of Redevelopment Projects. If the Agency undertakes any redevelopment projects, it will be on an annual implementation basis. Each annual implementation program shall be included in the Redevelopment Plan and the municipal budget. Programs and projects developed shall be consistent with the stated goals and objectives of the Plan. The projects to be initiated during the period commencing April 1983 and ending April 1984, which period shall be known as the first action year, are as follows:

(a)

Make application to the U.S. Department of Housing and Urban Development for funds to acquire property through negotiation, provide for relocation assistance, clear inappropriate structures, provide for sidewalk and parking improvements, bury overhead power lines, and rehabilitate substandard housing units which are not suitable for clearance or commercial use.

(b)

Determine the amounts of funds which may be available through tax increment financing and program those increments to assist in the accomplishment of the above, as well as provide for the rehabilitation of suitable existing commercial structures.

(c)

Investigate alternate financing mechanisms for downtown rehabilitation such as formation of a Local Development Corporation (Small Business Administration Program).

(d)

Undertake planning studies to determine the market needs of the project area and provide a schematic plan of the downtown area with reference to building facade improvements, parking arrangements, traffic movements and other capital facilities needed.

(e)

Assist the redevelopment or rehabilitation of the Anderson Lumber Company at 2nd East and Main Street.

(f)

Assist the redevelopment of the motel and adjacent property on Main Street on the west side of the Malad River.

(10)

General Design Objectives. The design of particular elements should be such that a redevelopment project will:

(a)

Provide an attractive urban environment.

(b)

Blend harmoniously with the adjoining areas.

(c)

Provide for the optimum amount of open space in relation to new buildings, if any.

(d)

Provide unobtrusive parking areas, appropriately screened and landscaped to blend harmoniously with the area.

(e)

Provide open spaces and pedestrian walks which are oriented to the directions of maximum use and designed to derive benefit from topographical conditions and views.

(f)

Provide for the maximum separation and protection of pedestrian access routes from vehicular traffic arteries.

(11)

Conformance of Redevelopment Plan to Tremonton's Master Plan. A strong and viable Central Business District has been the objective of the Master Plan developed by and for the City of Tremonton. This Redevelopment Plan reinforces that concern.

The guidelines for development encourage downtown redevelopment which would strengthen its viability. The Redevelopment Plan conforms to and promotes the Master Plan's intent.

7-216. - Report on Project Area Redevelopment Plan.#

Pursuant to and in accordance with the provisions of Section 11-19-14, U.C.A. 1953, as amended, the following report is presented: (1)

The Reasons for the Selection of the Project Area. The proposed redevelopment area was selected as that area within the City of Tremonton having the most immediate need for treatment to stabilize, strengthen, and expand the commercial base of the community. The boundaries of the project area were arrived at after a review of the whole business district by members of the Redevelopment Agency in collaboration with the consultants. Planned treatment of the project area will prevent and eliminate blight, stimulate new development and upgrade generally to the degree necessary for sound long-range growth and development.

(2)

The Description of the Physical, Social, and Economic Conditions Existing in the Area.

Physical:

Social:

Economic:

(3)

Financial Analysis. See Section 7-215(8) herein for proposed methods of financing redevelopment of the project area. Although the direction of assessed valuation and gross taxable sales in the project area has yet to be fully determined, the city-wide assessed valuation increased. The intent of the Redevelopment Plan is to sustain such growth in valuation. The Redevelopment Plan encourages commercial revitalization and expansion in the project area and subsequent increases in gross taxable sales. It also attempts to encourage development in the Tremonton Central Business District rather than outside or in another community.

(4)

A method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities, if any, in the project area will be prepared. During the annual increment beginning April 1983, it is not anticipated that there will be any relocation activities. If otherwise, the Agency shall comply with the Federal Uniform Relocation Act as adopted in 1971 and amended from time to time and the State Relocation Act. It is the intent of the Redevelopment Agency to promulgate relocation standards and provide assistance to any displaced persons or business as a result of government action by the Agency.

(5)

An Analysis of the Preliminary Plans.

(a)

Basis for Termination of Land Use Plan Elements - All land uses and densities determined appropriate for the Redevelopment Plan are in accord with the general guidelines of the Master Plan and the applicable Planning and Zoning Codes of Tremonton. Major circulation routes are as provided by the City's Major Street Plan.

(b)

Basis for Planning Criteria - Planning criteria (relative to land uses, population densities, building intensities, characteristics of internal circulation systems, and need and type of public improvements) have not specifically been set forth in the Plan. It was felt that maximum flexibility in the development of acquired land and assistance to private development was needed to achieve the highest quality development that would be consistent with the City's long-range plans for redevelopment of the Central Business District. Each development proposal will be considered as a conditional use and planned unit development, thus subject to the provisions of applicable requirements of the City's Master Plan and Land Development Code as well as all other applicable development Codes and Ordinances.

(c)

Conformity with General Plan and Relationship to Local Objectives - The Redevelopment Plan conforms with the Master Plan of Tremonton City in that it relates to the definite and local objectives of retaining and promoting an economically healthy and growing business district by providing adequate and desirable locations for redevelopment and uses within an atmosphere which will encourage growth. The Plan is related to local objectives in that the land use proposals will strengthen and increase the range of activities within the downtown area, order and visual identity will be provided (through a variety of design principles) thus creating a healthy and pleasing environment for shopping, working, and living, public improvements will be upgraded in the area thereby eliminating hazards and unsightliness, and adequate off-street parking will be provided in any new development.

(6)

The Report and Recommendation of the Planning Commission. See below.

TREMONTON PLANNING COMMISSION

June 9, 1981

Mayor Reese Mason

Chairman

Tremonton City Redevelopment Agency

City Administration Center

Tremonton, Utah 84337

Dear Mayor Mason,

Pursuant to Section 11-19-10 of the Utah Neighborhood Development Act, the Tremonton Planning Commission has reviewed the proposed preliminary Redevelopment Plan for the Tremonton Central Business District. It is our understanding that this plan, when finalized, will establish the legal framework within which the City may undertake future redevelopment projects to meet specific needs and goals of Tremonton.

We have determined that this program is consistent with our Master Plan for Tremonton and will enhance the long term economic growth of the City by increasing its economic base and at the same time arrest further obsolescence and deterioration in the Central Business District. Therefore, the Planning Commission recommends adoption of the proposed Redevelopment Plan.

Sincerely,

William H. Myers, Chairman

Tremonton Planning Commission

Part 7-250. - Tremonton Downtown Survey#

7-251. - Service and Market Area.#

The service area of downtown Tremonton comprises Box Elder County except for the communities of Brigham City, Mantua, Perry, and Willard, and the southern Idaho communities of Malad, Stone, and Strevell.

The major areas of competition are Brigham City and Logan plus the large metropolitan areas of Ogden and Salt Lake City. The principal competition is Brigham City which shares the same service area as Tremonton plus the south county area not serviceable by Tremonton. To compete with Brigham City, Tremonton will have to match or exceed the levels of service available in Brigham City and demonstrate the fashionableness and economy of shopping in Tremonton as opposed to the larger centers.

Projected growth for the service area is a 35% increase in population over the next five (5) years, based on 2,000 new jobs committed by existing manufacturing plants.

7-252. - Land Use.#

Land uses in downtown Tremonton include residential single family, residential multi-family, retail sales and services, financial institutions, business offices and services, personal services, storage buildings and areas, vacant lots, vacant buildings, and unused space in buildings. Generally the wide variety of land uses expected in a regional center are found in Tremonton and are in the downtown area because outlying shopping centers have not fragmented the consolidated development.

The lack of high density housing is considered a major problem in and near the downtown area.

7-253. - Floor Space.#

Existing floor space in the downtown study area was divided into the following categories: (1)

Personal Services and Apparel: 53,275 sq. ft.

(2)

Food: 26,850 sq. ft.

(3)

Hardware: 44,900 sq. ft.

(4)

Transportation: 56,875 sq. ft.

(5)

Medical: 11,425 sq. ft.

(6)

Offices and Business Services: 55,600 sq. ft.

(7)

Other: 67,950 sq. ft.

(8)

Housing: 70,250 sq. ft.

(9)

Vacant: 52,025 sq. ft.

7-254. - Disposable Income.#

There is an estimated 35.5 million dollars of annual taxable retail sales in Tremonton, which serves a market area of about 16,000 population which has about 61 million dollars of disposable income. (It is estimated that per capita disposable income is $3,793.00). These figures suggest that Tremonton is losing 42% of the disposable income of its market area to the outside. A 38%+ increase in disposable income is expected over the next five (5) years (an increase of 23 million dollars).

7-255. - Age, Type of Construction, and Condition of Buildings.#

Buildings date from new to about 77 years old (the earliest construction in 1904), and are mostly single story masonry construction, with some two stories high. Some downtown renewal has taken place in recent years through redevelopment by remodeling and conversion of land and buildings to new uses.

The age of most buildings suggests that without an engineering study to the contrary, the buildings do not meet seismic standards considered essential for public safety. In fact, all buildings in Tremonton can be considered suspect with possibly only a few exceptions among the newest buildings recently constructed. The cost of correcting deficiencies in buildings to meet minimum recommended seismic standards is believed to be exorbitant. Therefore, all other things being equal, a policy of building replacement should be encouraged rather than one of building conservation, to help correct the potential safety problems. Perhaps even an aggressive policy of building analysis and upgrading to meet current public safety codes should be adopted.

Basically buildings should be replaced with safer structures rather than remain and present potential safety hazards to the public. However, the need may not be so compelling that all buildings need be required to upgrade immediately, and thus allow the process to occur over an extended period by attrition and encouragement.

7-256. - Services and Utilities.#

Basic services and utilities available in downtown Tremonton:

Fire

Gas

Municipal Administration

Police

Power

Sewer

Solid Waste Removal

Street Lighting

Street Maintenance

Telephone

Water

Both streets and alleys have been developed as utility corridors, power and telephone are aerial but the telephone installations are now being buried. All services appear to be adequate for the present and designed for expected growth or are being so. No major deficiencies are anticipated during the next five years except the visual effects of aerial power and telephone lines.

7-257. - Public Improvements (Off-Site).#

There is a modern City Administrative Center, a newly reconstructed Main Street and other adequate community facilities, but there are sections of the downtown area in need of curb, gutter, sidewalk, or street paving either because of deterioration or non-existence. This includes improvements on both streets and alleys.

7-258. - General Appearance — Aesthetics.#

Downtown Tremonton appears as a typical growing U.S. small town Main Street, except for some vacancies and going out of business signs. Basically post World War II in character, the range of building ages is offset by modernized store fronts. No outstanding style is common nor is it believed that one could be imposed. Therefore, the future character and appearance lies in new contemporary buildings, remodeling of existing ones, and such beautification as can be achieved with landscaping. The character achieved will contribute to the competitive attractiveness of Tremonton with other business centers.

7-259. - Size of Blocks, Lots, and Ownership Patterns.#

Blocks including alleys vary in size from about 2-1/4 acres to 2-3/4 acres and are divided by 17-foot alleys. The lots were originally 150 feet deep and 25 or 50 feet wide. Today there is both the division of and combining of lots in ownership. The sizes and dimensions of the blocks and lots and ownership patterns present problems for contemporary type development and redevelopment. Ninety-four (94) parcels of private land are included in this survey. Some are multiple lots under single ownership and none are adjoining lots of same ownership. Single ownership includes related ownership such as M. H. King and Hermon E. King where Kings Store is located. Most of the land is owned by absentee landlords or at least non-occupying landlords. Experience suggests that there is great difficulty in managing multiple parcels under a variety of ownerships. Programs for improvement of multiple ownership areas are limited and difficult at best, and are hard pressed to compete with single ownership or management developments such as modern shopping centers.

7-260. - Circulation and Parking.#

There are no major problems of circulation in the present downtown. However, as the downtown expands either west across the railroad or east to and beyond the Malad River, serious circulation bottlenecks will be created on Main Street, unless additional east-west streets are provided both north and south of Main Street.

The 1,324 parking spaces counted in downtown Tremonton are basically adequate for normal hours of operation but not for heavy shopping days or hours. The 360 on-street parking spaces (particularly along Main Street) are not sufficient for downtown needs, and the number could vary significantly with changes to parallel parking from existing angle parking. The 589 parking spaces in the parking lots to the rear and sides of stores, etc., are not located to be readily observed and accessible to many of the business establishments on Main Street, nor are many of them designed or organized for efficiency. In fact, in some cases it is difficult to differentiate from on-street parking due to the absence of curb, gutter and sidewalk. Growth of downtown business activities will require additional well organized parking convenient to the user destinations. Since there is no way to expand on-street parking, off-street parking lots will have to be provided to maintain desirability for downtown business. New downtown expansion areas must be required to provide for adequate and convenient parking for their success as well as for reinforcement of the present downtown.

7-261. - Assessed Value.#

The 1980 assessed value of the study area was $726,310.00 for 94 parcels in private ownership wherein adjacent parcels in single ownership were considered a single lot. There are some owners who own non-contiguous lots in the study area. Since contract sales and owners of interest are not listed — only owners of record on the tax rolls — definitive ownership is difficult if not impossible to establish for the entire area. The assessed value is 20% of fair market value which would then be $3,608,550.00.

7-262. - Public Attitudes.#

Interviews with some representative citizens and officials of Tremonton indicate the resident shoppers preference for personal attention usually found in small shops in Tremonton rather than the usual anonymity in the larger chain stores in larger centers. The price of commodities in many cases appears to be less important than the shoppers being on a first name basis with the manager and sales people or cashiers. Residents from outlying communities west and north often have business in either Tremonton or Brigham City so the wife may shop while the husband handles other affairs or vice versa. A general feeling was perceived that the residents of the area would appreciate a new supermarket in Tremonton and patronize it rather than look to Brigham City or other areas where new and attractive facilities exist.

Partial findings from a questionnaire given to downtown merchants and owners include a concern about possible loss of business to the outside. A general feeling was detected that expansion was needed but that it should be contiguous to or near the present downtown district, not in an outlying area. There was an expression of willingness to support downtown revitalization by serving on advisory committees, committing to invest private capital, and support civic and municipal efforts to assure a strong business center.

7-263. - Deficient Goods and Services.#

Aside from the usual complaints about variety and prices of available goods, the modern supermarket facilities (Safeway and Carl & Don's food stores in Tremonton) are less than half what could be expected to serve the market area. With Safeway's lease expiring there has been a lot of interest and competition among developers to provide a new site for an enlarged supermarket with such satellite businesses as can be attracted into adjoining space. The City has been compelled to review several sites located in, by, and outlying the Central Business District. The choice of sites for the next supermarket and mutually supporting shopping center will have a strong influence on the Central Business District. It should be understood that the larger the commercial center the more competitive it can be. Thus the size of the market area and the concentration or size of the services directly affect its ability to satisfy market demand.

RECOMMENDATIONS#

7-264. - Expand and Consolidate Business.#

The two basic alternative growth patterns facing Tremonton commercial expansion are consolidation of new growth into the existing downtown center and established satellites, or scattered fragmentation of business into random multi-centers. Also, it is important to recognize that the larger the center the more the opportunity to provide comprehensive services. It is recommended that the City adopt a strict policy of consolidated commercialization, encourage and facilitate the commercialization through regulations, public facilities and services, intensified use and redevelopment as necessary to assure a viable downtown center with competitive enterprises.

Also, it is recommended that only sites in or adjacent to the Central Business District be considered in keeping with the recommended policy of business consolidation. This step in the growth of the business community is so important that the City should consider using its available resources to assure the availability of a proper site. Other business activities should be encouraged the same way — locate correctly to assure success in the entire business community.

7-265. - Grow to Serve Better.#

The anticipated 35% population growth in the next five (5) years will continue to foster speculation in commercial land development, such as businesses in outlying areas on cheap land. It is felt that the growth challenges offer the opportunity to enhance Tremonton's traditional role of being the business center for northern Box Elder County by providing comprehensive convenient one-stop service. This would mean improved selection through a variety of choice, competition and good prices, convenience and accessibility. It requires reasonable locations and relationships, and the satisfying feeling and confidence that people get from the assurance they are in the right place to do their business rather than a stop gap or interim activity until they can get to where they really want to be. The successful center must respond to the needs of the people by providing appropriate goods and services competitively and conveniently. This can best be accomplished in a consolidated system that is large enough to respond quickly and anticipate purchaser needs. It is recommended that the business community plan to serve the new larger population in its market area better, with more attractive selection and competition rather than allow business to go to more competitive regional centers in the state.

7-266. - Street Improvements and Storm Drainage.#

Some sections of street improvements need replacing and some have not yet been installed. Two blocks are not included in the storm drainage system. The attractiveness and function of the downtown area should be considered essential for prosperous business activities. It is therefore recommended that street improvements and storm drainage facilities be completed and maintained in the downtown area.

7-267. - Plan and Design for Success.#

The general accessibility of the Central Business District is reasonably good since it is located on a major circulation route. However, existing parking resembles the general make-up of the Central Business District in that it lacks efficient structure. This inefficient structure of the Central Business District makes it subject to the temptation to abandon it in favor of building new more efficient centers out away from the center of development in locations where land may be cheap but where development competes to the detriment of the traditional business center rather than reinforcing it. It is recommended that the Central Business District be planned and designed to achieve specific business goals compatible with land owner, businessmen, and community interests. Great power is necessary to accomplish such a program and such power comes through unity of purpose and action. Therefore it is further recommended that the Central Business District owners and businessmen be organized to work together with City officials to establish common goals and mutually acceptable methods of solving problems and achieving the common goals.

RESOLUTION#

WHEREAS the Central Business District of Tremonton, Utah has been the commercial center of northern Box Elder County, and

WHEREAS the population of northern Box Elder County is growing rapidly and is projected to grow rapidly for the foreseeable future due to the announced establishment of some new industries and the expansion of others, and

WHEREAS there are and have been substantial threats of commercial development outside the Central Business District contrary to the Master Plan, and

WHEREAS the economic welfare of the community is dependent on a strong and competitive Central Business District,

NOW THEREFORE BE IT RESOLVED that the Central Business District of Tremonton generally described as the area from the railroad tracks on the west to the Malad River on the east, and from and including First South Street on the south to and including First North on the north (see legal description in Section 7-211) be surveyed to determine the adequacy of the Central Business District and its buildings, land, and improvements to serve the growing market area, and what problems exist which might prevent it from adequately serving the growing market area, to the detriment of the citizens of Tremonton. Such study and survey are to be conducted pursuant to Utah Neighborhood Development Act (Title 11-19).

CHAPTER 7-300. - SPECIAL IMPROVEMENT DISTRICT NO. 1#

Part 7-310. - Establishment of Special Improvement Guaranty Fund.#

This Ordinance confirms the assessment rolls and levies an assessment against certain properties in Tremonton City, Utah Special Improvement District No. 1, for the purpose of paying the costs of construction of certain culinary water system improvements, including but not limited to extending the necessary water main line, installation of a booster pump station, and the completion of any miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; authorizes the establishment of a Special Improvement Guaranty Fund; establishes the effective date of the Ordinance; and related matters.

7-311. - Description of Special Improvement District No. 1.#

Commencing at the Northwest corner of Section 5, Township 11 North, Range 3 West, Salt Lake base and meridian, thence as follows: North 558.00 feet along the East line of Section 32, Township 12 North, Range 3 West; thence North 89°41' East 2649.84 feet; thence South 591.00 feet along the quarter section line; thence North 89°48'04" East 1600.00 feet along the South line of 10th North; thence South 200.00 feet along the existing corporate boundary; thence South 89°48'04" West 450.00 feet along the existing corporate boundary; thence South 89°39' West 1953.80 feet; thence South 278.50 feet; thence North 89°39' West 507.00 feet along the South boundary of the Hiroko Isaki property; thence North 50 feet more or less to the South boundary of the Melvin A. Schneiter property; thence South 69°50' West 394.5 feet along the South boundary of the Melvin A. Schneiter property; thence South 71°20' West 396.17 feet along the South boundary of the Lee D. Fuhriman property; thence North 153.74 feet; thence South 77°15' West 582.20 feet along the South boundary of the Colleen Laws property; thence North 274.00 feet; thence West 210.00 feet; thence North 450.00 feet; thence East 210.00 feet to a point of commencement. Contains 72 acres.

7-312. - Determination of Costs; Finding.#

All costs and expenses for the making of the improvements within the District 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. The City Council (the "Council") of Tremonton City, Box Elder County, Utah (the "Issuer") hereby finds and determines that the improvements for which the assessments authorized herein are made have a reasonable useful life of at least twenty (20) years.

7-313. - Approval of Assessment List; Findings.#

The City Council (the "Council") of Tremonton City, Box Elder County, Utah (the "Issuer") hereby confirms the assessment roll as approved by the Board of Equalization and Review for Tremonton City, Utah Special Improvements District No. 1 (The "District"), a copy of which is included in Section 7-326 herein, (the "Assessment List"), and hereby confirms the findings of the Board of Equalization and Review that the assessment list as equalized by the Board of Equalization and Review for the district is just and equitable; that each piece of property to be assessed within the district 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. A list of property owners and property description is included in Section 7-327 herein. Warranty deeds are listed in Section 7-328.

7-314. - Levy of Assessments.#

The 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 construction of certain culinary water system improvements and the completion of any miscellaneous work necessary to complete the improvements in a proper and workmanlike manner. Said improvements are more particularly described in the Assessment List.

The assessments are hereby levied and assessed upon each of the parcels of real property described in the assessment list to the extent that they are specially benefitted by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates.

7-315. - Cost of Improvements; Amount of Total Assessments.#

The total cost of the improvements in the District is $164,142.80, of which total cost the Issuer's portion is $11,200.00. The Issuer's portion for the District 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 District is $152,942.80, 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; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, if any; (c) the property price, if any; (d) connection fees, if any; (e) the interest on any interim warrants issued against the District; (f) overhead costs not to exceed fifteen percent (15%) of the sum of (a), (b), (c) and (d); and (g) where the assessment is levied prior to the time all of the improvements in the district are entirely completed and accepted, an amount for contingencies of not to exceed 10% of the sum of (a), (b) and (c).

7-316. - Method and Rate.#

The total assessment for the District is levied in accordance with the following method and at the following rates: Improvement Method of

Assessment Rate of

Assessment

Water Line Extension and Pump Station Per Front Foot $21.13

7-317. - Payment of Assessments.#

The whole or any part of the assessments for the District may be paid without interest within fifteen (15) days after this Ordinance becomes effective. Any part of the assessment not paid within such fifteen (15) day period shall be payable over a period of twenty (20) years from the effective date of this Ordinance in twenty (20) annual principal installments together with interest on the unpaid balance of the assessment at the same rate as the rate of rates of the special assessment bonds anticipated to be issued by the Issuer. The assessment payment dates shall be the first anniversary date of the effective date of this Ordinance and each subsequent anniversary date thereafter. Interest shall accrue from the effective date of this Ordinance until paid.

After the above-referenced fifteen (15) day period, all unpaid installments of an assessment levied against any piece of property may be paid prior to the dates on which they become due, but any such prepayment must include an additional amount equal to the interest which would accrue on the assessment to the next succeeding date on which interest is payable on any special assessment bonds issued in anticipation of the collection of the assessments plus such additional amount as, in the opinion of the City Treasurer, is necessary to assure the availability of money to pay interest on the special assessment bonds as interest becomes due and payable plus any premiums which may be charged and become payable on redeemable bonds which may be called in order to utilize the assessments paid in advance.

7-318. - Default in Payment.#

If a default occurs in the payment of any installment of principal or interest, when due, the Issuer may declare the unpaid amount to be immediately due and payable and subject to collection as provided herein. In addition, it may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and interest then due to be immediately due and payable. Interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the rate of 18% per annum until the next succeeding date after payment or collection on which interest is payable on any special assessment bonds issued. Costs of collection as provided by the Issuer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable.

Upon any default, the City Treasurer shall give notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls. Notice shall be effective upon deposit of the notice in the U.S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls, for the Issuer or on the official ownership records of the Issuer. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing, after which the Issuer may accelerate the principal of the assessment and immediately commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. If at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale.

The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of foreclosure sale.

7-319. - Remedy of Default.#

If prior to the final date payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of all unpaid installments which are past due and delinquent with interest at the rate of 18% per annum to the date of payment, plus all approved or required costs, the assessment of said owner shall be restored and the default removed, and thereafter the owner shall have the right to make the payments in installments as if the default had not occurred.

7-320. - Lien of Assessment.#

An assessment or any part or installment of it, any interest accruing and the penalties and costs of collection shall constitute a lien against the property upon which the assessment is levied on the effective date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic's or materialman's lien or other encumbrance and shall be equal to and on a parity with the lien for general property taxes. The lien shall continue until the assessment and any interest, penalties and costs on it are paid, notwithstanding any sale of the property for or on account of a delinquent general property tax, special tax or other assessment or the issuance of tax deed, an Assignment of Interest by the governing entity or a Sheriff's Certificate of Sale or Deed.

7-321. - Special Improvement Guaranty Fund.#

The Issuer does hereby create a Special Improvement Guaranty Fund and shall annually, so long as any special assessment bonds of the Issuer remain outstanding, transfer to said fund each year such amount as shall equal the amount that a tax levy on all taxable property located within the Issuer at the rate of .0002 will produce, either through a levy of a tax of not to exceed .0002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources, for the purpose of guaranteeing to the extent of such fund the payment of special assessment bonds and interest thereon issued against local improvement districts for the payment of local improvements therein, all in the manner and to the extent provided by the laws of the State of Utah.

7-322. - Contestability.#

No assessment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity or justice of the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the Issuer to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance.

Such action must be commenced and summons must be served on the Issuer not later than 30 days after the effective date of this Ordinance. This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute but did not timely make and/or complaint that does not concern the equity or justice of the assessment or proceeding.

After the expiration of the 30-day period provided in this section: (1)

The special assessment bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and

(2)

No suit to enjoin the issuance or payment of the bonds, the levy, collection or enforcement of the assessment, or in any other manner attacking or questioning the legality of the bonds or assessments may be instituted in this state, and no court shall have authority to inquire into these matters.

7-323. - All Necessary Action Approved.#

The officials of the Issuer are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance.

7-324. - Repeal of Conflicting Provisions.#

All Ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

7-325. - Publication of Ordinances.#

Immediately after its adoption, this Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the Ordinance Book kept for that purpose. This Ordinance shall be published once in The Leader, a newspaper having general circulation in the Issuer, and shall take effect immediately upon its passage and approval and publication as required by law.

7-326. - Assessment List.#

Tax Assessment 1993.

Billing sent January 1994. xpp rotatepg?=""? Name Tax I.D. # Feet Project Percent Costs Share of Costs Cost/Foot Cost/Year

Farms Four M 05-055-0019 510 7238.5 0.070457 $152,942.80 $10,755.83 $21.13 $538.79

L. Buxton 05-055-0018 300 7238.5 0.041445 $152.942.80 $6,338.72 $21.13 $316.94

H. Anderson 05-055-0017 300 7238.5 0.041445 $152,942.80 $6,338.72 $21.13 $316.94

05-055-0053

A. Buxton 05-055-0016 200 7238.5 0.02763 $152,942.80 $4,225.81 $21.13 $211.29

J. Allen 05-055-0042 100 7238.5 0.013815 $152,942.80 $2,112.91 $21.13 $105.65

C. Flores 05-055-0015 100 7238.5 0.013815 $152,942.80 $2,112.91 $21.13 $105.65

L. Wood 05-055-0060

05-055-0073 66 7238.5 .009117 $152,942.80 $1,394.52 $21.13 $69.73

05-055-0076 34 7238.5 .004697 $152,942.80 $718.39 $21.13 $35.92

A. Buxton 05-055-0011 100 7238.5 0.013815 $152,942.80 $2,112.91 $21.13 $105.65

O. Johnson 05-055-0010 100 7238.5 0.013815 $152,942.80 $2,112.91 $21.13 $105.65

D. Robbins 05-055-0009 100 7238.5 0.013815 $152,942.80 $2,112.91 $21.13 $105.65

J. Stokes 05-055-0036

05-055-0071 34 7238.5 .004697 $152,942.80 $718.39> $21.13 $35.92

05-055-0072 66 7238.5 .009117> $152,942.80 $1,394.52 $21.13 $69.73

Cache Valley Bank 05-055-0008 89 7238.5 0.012295 $152,942.80 $1,880.49 $21.13 $94.02

B. Palmer 05-055-0063 304.8 7238.5 0.042108 $152,942.80 $6,440.14 $21.13 $322.01

David R. Johnson

R. Brems (formerly) 05-055-0051 121 7238.5 0.0167616 $152,942.80 $2,556.62 $21.13 $127.83

C. Johnson 05-055-0049 121 7238.5 0.016716 $152,942.80 $2,556.62 $21.13 $127.83

H. Isaki 05-055-0007 145.1 7238.5 0.020046 $152,942.80 $3,065.83 $21.13 $153.29

J. Ramsdell 05-055-0050 121 7238.5 0.016716 $152,942.80 $2,556.62 $21.13 $127.83

Jeffery O. Johnson

M. Schneiter (formerly) 05-055-0037 400 7238.5 0.05526 $152,942.80 $8,451.63 $21.13 $422.58

L. Fuhriman 05-055-0044 100.94 7238.5 0.013944 $152,942.80 $2,132.77 $21.13 $106.64

05-055-0078 99.38 7238.5 .013729 $152,942.80 $2,099.81 $21.13 $104.99

05-055-0079 197.23 7238.5 .027247 $152,942.80 $4,167.28 $21.13 $208.36

Clayton Stokes 05-055-0002 19.13 7238.5 .00264 $152,942.80 $404.20 $21.13 $20.21

C. Laws (formerly) 05-055-0077 390.32 7238.5 .053922 $152,942.80 $8,247.10 $21.13 $412.36

Ken Firth 05-055-0080 200.00 7238.5 .02763 $152,942.80 $4,225.81 $21.13 $211.29

D. Jones 05-175-0001 210 7238.5 0.029012 $152,942.80 $4,437.11 $21.13 $221.86

C. Laws/Kerry Brower 06-059-0004

lot 2 243.28 7238.5 .033609 $152,942.80 $5,140.28 $21.13 $257.01

lot 3 243.28 7238.5 .033609 $152,942.80 $5,140.28 $21.13 $257.01

lot 4 243.28 7238.5 .033609 $152,942.80 $5,140.28 $21.13 $257.01

05-055-0001 0

Roger. Hulce 06-059-0036 lot 7 207.5 7238.5 .028666 $152,942.80 $4,384.28 $21.13 $219.21

Keith E. Wilkinson 06-059-0037 lot 1 262.35 7238.5 .036243 $152,942.80 $5,543.21 $21.13 $277.16

Daniel B. Nielson 06-059-0038 lot 5 243.28 7238.5 .033609 $152,942.80 $5,140.28 $21.13 $257.01

Laws/Brower 06-059-0039 lot 8 207.5 7238.5 .028666 $152,942.80 $4,384.28 $21.13 $219.21

Laws/Brower 06-059-0040 lot 6 240.39 7238.5 .033209 $152,942.80 $5,079.22 $21.13 $253.96

R. Doutre 06-059-0005 248.9 7238.5 0.034386 $152,942.80 $5,259.03 $21.13 $262.95

06-059-0032

T. Mower 06-059-0006 165 7238.5 0.022795 $152,942.80 $3,486.30 $21.13 $174.31

C. Stevens 06-059-007 400 7238.5 0.05526 $152,942.80 $8,451.63 $21.13 $422.58

R of W no assessment 06-059-0024 16.5 7238.5 0.002279 $152,942.80 $348.63 $21.13 $17.43

TOTALS 7238.5 1 $152,942.80

Costs Breakdown

Bond Attorney $5,000.00 $0.69

Safe Drinking Attorney $2,500.00 $0.35

Safe Drinking Board $1,500.00 $0.21

Connection Fees $11,200.00 $1.55

City Attorney $2,000.00 $0.28

City Engineer $6,700.00 $0.93

Construction $129,983.50 $17.96

City Costs $5,259.30 $0.73

Total Costs $164,142.80 $22.68

Credit $11,200.00

Remaining Balance $152,942.80

See Attached

Descriptions

DESCRIPTION OF WORK: The project will be divided into two bidding schedules. Schedule "A" will include the installation and construction of approximately 4,800 L.F. of 8-inch ductile iron culinary water line, approximately 2,400 L.F. of 6-inch ductile iron culinary water line, new water services, fire hydrants, asphalt patching, valves, booster pump station with controls, check valve station, galvanized access ladder and associated appurtenances. Schedule "B" will include bidding for 6-inch and 8-inch ductile iron piper material only. Valves, fittings, connections, fire hydrants, water service lines, meters and all other associated appurtenances should be included in unit prices associated with Bid Schedule "A".

NOTE: Assessments may change due to land sales. Distribution will be made based on pro rata share (cost per lineal foot). xpp restore?=""?

7-327. - List of Property Owners and Description of Property.#

Wood, Lee J. & Nola S. JT

8005 West 12000 North

Tremonton, UT 84337

Beg at a pt on S r/w of Co Rd 33 ft S of N/4 cor of Sec 5 T11N R3W SLM, S 89°39' E 81 ft, S 200 ft, S 89°39' E 1000 ft, S 459 ft M/L to N/L of Bothwell Highline Canal, S 68°10' W alg sd line 1185 ft, N 1099.7 ft to S/L of 12000 N St, S 89°39' E 19 ft to beg. Being lot 1 of Mt Vernon Estates Minor Sub. Cont 17.77 acres.

Andersen, Heber A. & Loralee B. JT

7905 West 12000 North

Tremonton, UT 84337

Beg at a pt on S r/w of Co Rd 581 ft S 89°39' E alg sec line & 33 ft S of N/4 cor of Sec 5, TWP 11 N, R 3W, SLM, S 89°39' E alg sd line 200 ft, S 200 ft, N 89°39' W 200 ft, N 200 ft to beg. Contg .92 acre.

Andersen, Heber A. & Loralee B. JT

7905 West 12000 North

Tremonton, UT 84337

Beg at a pt on S line of Co Rd 33 ft S & 481 ft S 89°39' E from NW cor of NE/4 of Sec 5 T11N R3W SLM, S 89°39' E 100 ft, S 200 ft, N 89°39' W 100 ft, N 200 ft to POB. Contg .459 acre M/L.

Buxton, Alice May etal JT

8019 West 12000 North

Tremonton, UT 84337

Beg at a pt on Co Road r/w line 33 ft S & 19 ft N 89°39' W from N/4 cor of Sec 5, TWP 11 N, R 3W, SLM, N 89°39' E 100 ft, N 200 ft to beg. contg .46 acre.

Buxton, Alice May

8019 West 12000 North

Tremonton, UT 84337

New Description: Beg at a pt on S line of Co Rd 33 ft S & 281 ft S 89°39' E from NW cor of NE/4 of Sec 5 T11N R3W SLM, S 89°39' E 200 ft, S 200 ft, N 89°39' W 200 ft, N 200 ft to POB. Contg .918 acre M/L.

Johnson, Oleen & Waltraud M. JT

8029 West 12000 North

Tremonton, UT 84337

Beg at a pt on Co Road r/w line 33 ft S & N 89°39' W 119 ft frm N/4 cor of Sec 5, TWP 1NN, R 3W, SLM, running N 89°39' W 100 ft, S 200 ft, S 89°39' E 100 ft, N 200 ft to POB. Contg .46 acre with cer water rgts & well.

Robbins, Daryl E. & Kathleen J. JT

238 North 100 West

Tremonton, UT 84337

Beg on Co Road r/w line 33 ft S & N 89°39' W 219 ft frm N/4 cor of Sec 5 TWP 11N, R 3W, SLM, N 89°39' W 100 ft, S 200 ft, S 89°39' E 100 ft N 200 ft to beg. Contg .47 acre.

Stokes, Jean C.

546 North 2300 West

Tremonton, UT 84337

Beg at a pt 33 ft S & 385 ft N 89°39' W frm N/4 cor of Sec 5, sd pt being on S r/w of Co Road & S 478.5 ft, N 89°39' W para to N bdry to Sec 5, TWP 11N, R 3W, SLM, 427.8 ft, N 278.5 ft, S 89°30' E para to N bdry of Sec 393.8 ft, N 200 ft to r/w line of Co Road, S 89°39' E alg sd line 34 ft to POB. Contg 2.89 acres.

Cache Valley Bank

101 North Main

Logan, UT 84321

Beg at a pt on Co Road r/w line 33 ft S & 419 Ft N 89°39' W frm N/4 cor of Sec 5, TWP 11n, R 3W, SLM, N 89°39' W 393.8 ft alg sd r/w line, S 200 ft, S 89°39' E 393.8 ft, N 200 ft to beg. Less: W 304.8 ft to tax sale. Contg .41 acre.

Four M Farm Corp.

1117 Allston Way

San Jose, CA 95120

Beg at a pt on Co Road r/w 33 ft S & 1181 ft S 89°39' E frm N/4 cor of Sec 5, TWP 11N, R 3W, SLM, S 200 ft S 89°39' E 100 ft, N 200 ft, N 89°39' W 410 ft to POB. Also beg at a pt on Co Road r/w line 33 ft S & 1081 ft S 89°39' E 100 ft, S 200 ft, N 89°39' E 100 ft N to beg.

Buxton, Lawrence L & Margaret Ann

c/o Carl I Bowen & Co.

4739 Bellview

Kansas City, MO 64112

Beg at a pt on Co Road r/w line 33 ft S & 781 ft S 89°39' E frm N/4 cor of Sec 5, TWP 11N, R 3W, SLM, S 89°39' E 300 ft, S 200 ft, N 89°39' W 300 ft, N 200 ft to beg. Contg 1.38 acres.

Allen, Joseph T. & Kathy D. JT

7965 W 12000 N

Tremonton, UT 84337

Beg at a pt on Co Rd r/w 33 ft S & 181 ft S 89°38' E frm N/4 of Sec 5, TWP 11N, R 3W, SLM, S 89°39' E 100 ft, S 200 ft, N 89°39' W 100 ft, N 200 ft to POB. Contg .549 acre.

Flores, Carlos III

866 South Tremont

Tremonton, UT 84337

Beg at a pt on Co Road r/w 33 ft S & 81 ft S 89°39' E frm N/4 cor of Sec 5, TWP 11N, R 3W, SLM, S 89°39' E 100 ft, S 200 ft, N 89°39' W 100 ft, N 200 ft to beg.

Stevens, Claudie H. & Juanita JT

8050 West 12000 North

Tremonton, UT 84337

Beg at a pt 2630.5 ft N 89°41' E along the sec line and 33 ft N of SW cor of Sec 32, TWP 12N, R3W, SLM. Sd pt being on N r/w of Co Rd and W line of a fenced lane, S 89°41', W along Co Rd r/w 400.0 ft, N 0°29' W 525.0 ft, N 89°41', E 400.0 ft, to the fence on W side of lane, S 0°29', E 525 ft along sd fence to beg. Contg 4.8 acres.

Mower, Ted L. & Bonnie R. JT

8076 West 12000 North

Tremonton, UT 84337

Beg at a pt 2230.5 ft N, 89°41' E along sec line and 33 ft N of SW cor Sec 32, TWP 12N, R 3W, SLM, sd pt being on N r/w of Co Road. S 89°41', W along Co Rd r/w 165 ft, N 0°29', W 525.0 ft, N 89°41' E 165.0 ft, S 0°29', E 525 ft to beg. Contg 2 acres.

Doutre, Robert E. & Diana M. JT

8096 West 12th North

Tremonton, UT 84337

Beg at a pt 1899.6 ft N, 89°41' E along sec line and 33 ft N of SW Cor of Sec 32, TWP 12N, R 3W, SLM, sd pt being on N r/w line of Co Road and running N 89°41' E along sd line 165.9 ft, N 0°29', W 525 ft S 89°41' W 165.9 ft, S 0°29' E 525 ft to POB. Contg 2.00 acres.

Laws, Colleen Trustee etal

9365 West Hwy 102

Tremonton, UT 84337

Beg at the SW cor of Sec 32, TWP 12N, R3W, SLM, and running N along sec line 558 ft, N 89°41', E 2620 ft, S 0°29', E 525 ft, S 89°41', W 1292.3 ft, S 71°29', W 105.2 ft to Sec line, S 89°41', W 1230.5 ft alg sec line to the POB. Exc W 16.5 ft. Less tracts sold to C. H. Stevens, D. L. Andersen, and David Neeley. Less: Lot 9 of John G. Laws Minor Sub desc as follows: Beg on Nly r/w line of 12000 N St at a pt 1816.60 ft N 89°41' E alg sec line & 33.00 ft N 00°29' W from SW cor of Sec 32 N 00°29' W 525.00 ft, N 89°41' E 83.0 ft, S 00°29' E 525.00 ft to N r/w line of 12000 N St, S 89°41' W 83.0 ft alg sd r/w line to POB. Contg 22.73 acres M/L.

Palmer, Bradley J. & Christie JT

8113 West 12000 North

Tremonton, UT 84337

Beg at a pt on Co Rd r/w line 33 ft S & 508 ft N 89°39' W from N/4 cor of Sec 5 T11N R3W SLM, N 89°39' W 304.8 ft alg sd r/w line, S 200 ft, S 89°39' E 304.8 ft, N 200 ft to beg. Contg 1.42 acres M/L.

Brems, Robert O. & Laurie T. JT

8135 West 12000 North

Tremonton, UT 84337

Beg at a pt 31.83 ft S & 386.0 ft E of the NW cor of NE/4 of NW/4 of Sec 5, T11N, R3W, SLM. Sd pt being on the S r/w line of a Co Rd, th S 360.00 ft, S 89°39' E 121.0 ft, N 360.00 ft, N 89°39' W 121.0 ft to beg. Also known as Lot 4, of North Ridge Estates Minor Sub. Subject to a 10 ft easement on the N & E & a certain interest in a well. Contains 1 acre.

Johnson, Charles & Rebecca JT

8155 West 12000 North

Tremonton, UT 84337

Beg at a pt 32.57 ft S & 265.0 ft E of NW cor of NE/4 of NW/4 of Sec 5, TWP 11N, R3W, SLM, sd pt being on S r/w line of Co Road, th S 360.0 ft, th S 89°39' E 121.0 ft, th N 360.0 ft, th N 89°39' W 121.0 ft to POB. Also known as Lot 3, North Ridge Estates Minor Subd. Subject to a public utility & water line easement over the N 10 ft together with 25% int in existing 6 inch culinary water well. Contg 1 acre.

Isaki, Hiroko etal

P. O. Box 185

Tremonton, UT 84337

Beg at a pt 40.74 ft S & 120.3 ft E of NW cor of NE/4 of NW/4 of Sec 5, 711N R3W SLM. Being on S line of Co Rd, S 362.1 ft, S 83°51' W 121.0 ft, S 94.54 ft, S 89°39' E 507.0 ft, N 118.5 ft, N 89°39' W 242.0 ft, N 360 ft, N 89°39' W 73.11 ft, S 83°51' W 72.0 ft to beg. Reserving a 75 ft sq area in E end of holding pond. Also known as Lot 2 North Ridge Est Minor Sub. Subject to certain easements. Together with an int in a certain well. Contg 2.52 acres.

Ramsdell, Joel Luke & Angie H. JT

8191 West 12000 North

Tremonton, UT 84337

Beg at a pt 53.70 ft S of NW cor of NE/4 of NW/4 of Sec 5, T11N, R3W, SLM, sd pt being on the S r/w line of Co Rd, S 362.1 ft, N 83°51' E 121.0 ft, N 362.1 ft, S 83°51' W 121.0 ft to pt of beg. Also known as Lot 1 of North Ridge Estates Minor Sub. Subject to public utility & waterline easement over the N 10 ft thereof, together with a certain interest in culinary well. Contains 1 acre.

Schneiter, Melvin A. & Ruth W. JT

8195 West 12000 North

Tremonton, UT 84337

Beg at a pt on S r/w line of Co Road, sd pt being N alg sec line 4,856 ft & N 71°37' E 993.9 ft frm SW cor of Sec 5, TWP 11N, R 3W, SLM & running N 69°59' E alg sd r/w line 400.0 ft, S 0°38' W 46.5 ft, S 69°50' W 394.50 ft, N 467.6 ft to POB. Contg 4 acres.

Fuhriman, Lee D. & Evelyn H. JT

675 W. Main

Tremonton, UT 84337

Beg at a pt on S r/w line of Co Rd, sd pt being N alg sec line 4856 ft & 71°37' E 993.9 ft frm SW cor of Sec 5, TWP 11N, R 3W, SLM, S 467.50 ft, S 71°20' W 396.17 ft, N 463.46 ft to S r/w line of Co Rd, N 71°20' E 247.55 ft, N 69°50' E 150.00 ft to POB. Contg 4.00 acres.

Jones, David E. & Carol Ann JT

8420 West 12000 North

Tremonton, UT 84337

Beg at NE cor of Sec 6, TWP 11N, R 3W, SLM. W 210 ft, S 450 ft to Co Road, th running E along Co Road 210 ft, N 450 ft M/L to pt of beg. Contg 2.18 acres.

7-328. - Warranty Deeds.#

Lee J. Wood Deed — Warranty Deed dated and recorded May 14, 1987, as Entry No. 09597, in Book 440 at Page 532-533, records of Box Elder County, Utah.

Portion to be annexed: Beginning at a point 33 feet South from the North Quarter Corner of Section 5, T 11 N, R 3 W, SLB&M, said point being on the South right-of-way line of the County Road; thence S 89°39'E 81 feet; thence South 200 feet; thence N 89°39' W 100 feet; thence North 200 feet to the South right-of-way line of said County Road; thence S 89°39' E 19 feet along said right-of-way to the point of beginning.

Portion remaining: Beginning at a point 233 feet South from the North Quarter Corner of Section 5, T 11 N, R 3 W, SLB&M; thence S 89°39' E 1081 feet; thence South 459 feet, more or less to the North line of the Bothwell Highline Canal; thence S 68°10' W along said line 1185 feet; thence North 899.7 feet; thence S 89°39' E 19 feet to the point of beginning.

B R Ranch, LTD Deed — Warranty Deed dated and recorded June 22, 1982, as Entry No. 92059H, in Book 359 at Page 576, records of Box Elder County, Utah.

Portion to be annexed: Beginning at a point 33 feet N 00°29' W from the South Quarter Corner of Section 32, T 12 N, R 3 W, SLB&M, said point being on the North right-of-way line of the County Road; thence S 89°31' W 16.5 feet; thence N 00°29' W 525 feet; thence N 89°31' E 16.5 feet to the East line of said Section; thence S 00°29' E 525 feet to the point of beginning.

Portion remaining: A part of Sections 32 and 33, T 12 N, R 3 W, SLB&M, Box Elder County, U.S. Survey described as follows:

Beginning at the Northeast corner of the Southwest Quarter of Section 32, T 12 N, R 3 W, SLB&M and running thence S 00°29' E (Bearing of Record, B.O.R.) 2161.76 feet along the East boundary of the Southwest Quarter of said Section 32; thence S 89°31' W 183.5 feet; thence N 00°29' W 2161.76 feet; thence N 89°31' E 150.50 feet; thence N 00°29' W 49.50 feet; thence N 89°31' E 33.00 feet to a point on the East boundary of the Northwest Quarter of said Section 32; thence N 00°29' W 1445.50 feet along the East boundary of the Northwest Quarter of said Section 32; thence N 66°43' E 601.20 feet; thence East 3315.89 feet to a point in an existing fence line; thence S 00°15'24" E 1059.94 feet (Bearing of Record, B.O.R.) along an existing fence; thence S 61°25' W 1387.30 feet (B.O.R. S 61°50' W) along existing fence to the East Quarter of said Section 32; thence S 89°48'23" W 2641.97 feet along the North boundary of the Southeast Quarter of said Section 32 to the point of beginning. Contains 151.60 Acres.

LESS: 1.80 acres deeded to Tremonton City and 1 acre deeded to Brian R. Crump.

Northwest Annexation

Deed Revisions reflecting partial annexation

Jean C. Stokes Deed — Warranty Deed dated and recorded May 7, 1979, as Entry No. 70738H, in Book 319 at Page 218, records of Box Elder County, Utah.

Portion to be annexed: Beginning at a point 33 feet South and 385.00 feet N 89°39' W from the North Quarter Corner of Section 5, T 11 N, R 3 W, SLB&M, said point being on the South right-of-way line of the County Road, and running thence South 200 feet; thence N 89°39' W 34 feet; thence North 200 feet to the South right-of-way line of said County Road; thence S 89°39' E 34 feet along said right-of-way to the point of beginning.

Portion remaining: Beginning at a point 233 feet South and 385 feet N 89°39' W from the North Quarter Corner of Section 5, T 11 N, R 3 W, SLB&M, and running thence South 278.5 feet; thence N 89°39' W 427.80 feet; thence North 278.5 feet; thence S 89°39' E 427.80 feet to the point of beginning.

Jean C. Stokes Deed — Warranty Deed dated and recorded April 20, 1984, as Entry No. 72926H, in Book 323 at Page 138, records of Box Elder County, Utah.

Portion to be annexed: Beginning at a point 33 feet South and 319 feet N 89°39' W from the North Quarter Corner of Section 5, T 11 N, R 3 W, SLB&M, said point being on the South right-of-way line of the County Road, and running thence South 200 feet; thence N 89°39' W 66 feet; thence North 200 feet to the South right-of-way line of said County Road; thence S 89°39' E 66 feet along said right-of-way to the point of beginning.

Portion remaining: Beginning at a point 233 feet South and 319 feet N 89°39' W from the North Quarter Corner of Section 5, T 11 N, R 3 W, SLB&M, and running thence South 1020 feet more or less to the North right-of-way line of the Bothwell High-line Canal; thence Southwesterly along said right-of-way line 1,075 feet, more or less, to the West line of the East half of the Northwest Quarter of said Section; thence North along said line 1110 feet, more or less, to a point 511.5 feet South of the North boundary of said Section; thence S 89°39' E 939.3 feet; thence North 278.5 feet; thence S 89°39' E 66 feet to the point of beginning.