Mayor Matthew Godfrey
Council Member Jesse Garcia
Council Member Amy Weeks
Council Member Rick Safsten
Council Member Doug Stephens
Council Member Brandon Stephenson
Council Member Dorrene Jeske
Council Member Bill Glasmann
and
RDA Executive Director Matthew Godfrey
RDA Commissioner Jesse Garcia
RDA Commissioner Amy Weeks
RDA Commissioner Rick Safsten
RDA Commissioner Doug Stephens
RDA Commissioner Brandon Stephenson
RDA Commissioner Dorrene Jeske
RDA Commissioner Bill Glasmann
Dear Mayor, Council Members and RDA Members:
This is a NOTICE OF CLAIM for redress for myself and for other citizens and property owners of Ogden City concerning violations of the Utah Code Annotated (Chapter 4) REDEVELOPMENT AGENCIES ACT, Sections 17B-4-101 through 17B-4-1401.
This NOTICE OF CLAIM is filed in accordance with Utah Code 63-30d-403 as amended July 13, 2004.
The activity described in the following statements is not a core governmental function and therefore the municipal officials will not be given government immunity once all the administrative and judicial remedies have been exhausted during this process if Ogden City proceeds to construct a recreational facility using RDA funds, tax increment or related bonds on the former downtown mall site on Washington Blvd. between 24th and 22nd Streets.
The process of planning the proposed construction of a high-adventure recreation center and other structures not yet determined as of this time has been so convoluted that it is impossible for a private citizen to even follow the thought process. The following charges are based on what is believed to be the current status of the proposed project.
- ILLEGAL USE OF TAX INCREMENT
Ogden City is proposing an illegal act in the use of carryover incremental tax funds from DDO RDA Project 16 to be used for the construction of the high-adventure recreation center and other unnamed structures.
Senate Bill 184, passed in 2005, removed the provision that allowed larger cities to use tax increment from one project area in another project area. - ILLEGAL FAILURE TO FOLLOW PROCEDURAL DUE PROCESS
Even if that failure were not illegal, the Ogden RDA also failed to pledge the additional tax increment to the RDA Project on or before July 1, 2005 per UCA 17B-4-10033)(b)(iii).
It is my understanding that the last act of the previous City Council, with a 5-0 vote, on Tuesday, December 27, 2005, far after the July 1, 2005 deadline, approved (pledged) funding for the high-adventure development and lease with the Boyer Company. - ADDITIONAL ILLEGAL PROCEDURAL FAILURE
The Ogden City RDA did not commence construction of the high-adventure recreational facility, nor any infrastructure, on or before December 31, 2005 per UCA 17B-4-1003(3)(b)(ii).
It is my understanding that as of last week the site plans governing the development and infrastructure are still not complete when Mr. John Patterson, CAO, informed the RDA board that "the construction start date is currently unknown". - EXTENSION OF ORIGINAL RDA PROJECTS
UCA 17B provides that extensions of the original RDA Projects must be applied for and received in order to extend the life of each project. There has been no indication that this provision in the Code has been complied with. - ABUSE OF PROCESS
It also appears that the previous Ogden RDA Board/Council and administration acting under the color of the law, violated the spirit of the law including abuse of process, with the hurried up and mock construction date before the December 31, 2005 deadline.
One of the abuses is the false ground breaking ceremony to meet the State Statute deadline using false pretenses as the recreation center and its infrastructure were at that point in time not yet designed and construction materials and contracts had not been secured.
There is no public record of a "letter of no further action" having been received from the State Department of Environmental Quality allowing construction to proceed.
The RDA Commissioners had not approved nor seen any recreation center construction design phases or plans as late as February 14, 2006 nor had they been informed of a construction start date.
Another abuse of process is the failure to have a budget hearing on the high-adventure recreational center which must be a public hearing. - POTENTIAL LIABILITY FOR LEGAL FEE REIMBURSEMENT
It is my opinion, and as a result of this information, that any use of these funds obtained from Ogden City's bonding process will be considered illegal use and misuse of funds if used for the construction costs of the high-adventure recreational facility or any infrastructure improvements related thereto as it has been presented to the public up to this time and that the legal process to prevent the illegal use of such funds will be pursued.
Signed this ______ day of February, 2006.
_________________________________
Dorothy E. Littrell
4265 Edgehill Drive
Ogden, Utah 84403
I certify that I witnessed this signature on the ________ day of February, 2006.
__________________________________
Notary Public
