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111 of 1961 - Authorizing and directing the issuance and sale of $82,000.00 of Special Improvement Bonds for Curb REO.100 200 X.01 1.114 ROLL CALL Salt Lake City, Utah, December 26 , 196 1 VOTING Aye Nay ✓ I move that the Ordinance be passed. Christensen Harrison . . . Smart. . Romney . . . FJ 2 Mr. Chairman . t. AN ORDINANCE Result . . . . �.` AN ORDINANCE OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, AUTHORIZING H AND DIRECTING THE ISSUANCE AND SALE OD OF SALT LAKE CITY, UTAH, CURB AND GUTTER EXTENSION DISTRICT NO. 284, TO FINANCE THE COST OF IMPROVEMENTS MADE IN SAID DISTRICT, PROVIDING FOR THE AMOUNT AND THE EXECUTION AND FORM OF SAID BONDS; FINDING AND DECLARING AN EMERGENCY THAT THIS ORDINANCE BECOME EFFECTIVE IMMEDIATELY AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION, WHEREAS, the Board of Commissioners of Salt Lake City, Utah, has heretofore adopted proceedings for the construction of improve. ments in Curb and Gutter Extension District No. 284 and the Ordinance of said City confirming the assessment roll for such improvements having been duly authorized and adopted and approved on the 9th day of October, 1961, and WHEREAS, the notice of assessments to property owners in said District hasc been published in accordance with the requirements of the laws of the State of Utah and the ordinances of said City, and notice of assessment has been mailed by the City Treasurer to all the owners of all property assessed in said District; and WHEREAS, the total cost of the project was $128,252.10 of which the Cityts portion was $20,483.60, leaving an amount of$107,768.50 as the remaining front foot cost, of which the City's portion against property owned by it is None, the balance of the front foot cost, after deleting the Cityts portion, being assessed against the abutting property owners in the amount of$107,768.50; that during the fifteen day period following the effective date of the ordinance levying the assessment, the owners of 111 private property in said District have paid $25,768.50 on the principal of their assessments; and WHEREAS, it is the opinion of the Board of Commissioners that Special Improvement Bonds of said City shall be issued and sold for the purpose of paying for the improvements in said Curb and Gutter Extension District No. 284 for Salt Lake City, Utah. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH: Section I. There shall be issued$82,000 Salt Lake City, Utah, Special Improvement Bonds of Curb and Gutter Extension District No. 284, said bonds to bear date of the 9th day of October, 1961, said bonds to mature without option of prior payment to bear interest, numbered, and in the denominations as follows: Bond Numbers Amount Year (All Inclusive) Interest Rate Denomination Maturing Maturing 1.8 5.00% $1,000 $8,000 10.9.62 9-10 5.00 100 200 10-9.62 11.-18 5.00 1,000 8,000 10-9.63 19.20 5.00 100 200 10.9.63 21-28 5.00 1,000 8,000 10.9.64 29.30 5.00 100 200 10.9-64 31-38 5.00 1,000 8,000 10-9..65 39.40 5.00 100 200 10-9-.65 41.48 5.00 I,000 8,000 10-9.66 496.50 5.00 100 200 10.9.66 51.58 5.00 1,000 8,000 10-9+.67 59-60 5.00 100 200 10-9.67 61.68 5.00 I,000 8,000 10-9.68 69-70 5.00 100 200 10-9.68 71-78 5.00 I,000 8,000 10-9-69 79.80 5.00 I00 200 10-9..69 81.88 5.00 1,000 8,000 I0.9-70 89-90 5.00 100 200 10-9-70 91.98 5.00 1,000 8,000 10.9-71 99-100 5.00 100 200 10.9.71 Bond principal and annual interest shall be payable at the Office of the City Treasurer of Salt Lake City, Utah. «2- 1/ Section 2. That said bonds and the coupons thereto attached shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF UTAH COUNTY OF SALT LAKE SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT BOND CURB AND GUTTER EXTENSION NO. 284 $100 $1,000 KNOW ALL MEN BY THESE PRESENTS: That Salt Lake City, in the County of Salt Lake, State of Utah, a municipal corporation duly organized and existing, for value received hereby promises, out of funds available for the purpose, as hereinafter set forth, to pay the bearer the sum of ($ on the 9th day of October, 19 , in lawful money of the United States of America, with interest thereon at the rate of five per cent (5%) per annum, payable annually in like money on October 9 in each year, beginning October 9, 1962, upon the presentation and surrender of the interest coupons hereto attached, both principal and interest being payable at the Office of the City Treasurer, Salt Lake City, Utah. In event of failure to pay this bond when due, it shall draw interest at the rate of eight per cent (8%) per annum until paid. This bond is drawn upon the City Treasurer against the special tax levied upon the property included in Curb and Gutter Extension No. 284 of said city, to pay the cost of Special Improvements constructed in said district and in full conformity with the Constitution and Laws of the State of Utah, and also ordinances of said City duly passed and made a law thereof prior to the issuance hereof. A special improvement guarantee fund has been created by said City as provided in Article 8 , Chapter 7, Title 10, Utah Code Annotated 1953, and said city agrees that at all times during the life of this bond and until payment thereof in full, said fund shall be at all times maintained. This bond is payable exclusively out of said special tax and the said special improvement guaranty fund, and neither said City nor any officers thereof is holden for the payment thereof otherwise. It is hereby certified, recited and declared that all acts, conditions and things essential to the validity of this bond exist, have happened and have been done in due time, form, and manner as required ..3- 111 by law, and that the total issue of bonds of said City including this bond for said extension of district does not exceed the taxes levied to cover the cost of said improvement and that all of said taxes have been lawfully levied. IN WITNESS WHEREOF, Salt Lake City, Utah, has caused this bond to be signed by its Mayor, and attested by its City Recorder and drawn by its City Auditor on its Treasurer, and the annexed coupons to bear the facsimile signature of said City Auditor, and this bond to be dated October 9, 1961, /s/ J. Bracken Lee Mayor ATTEST: /s/ Louis E. Holley /s/ Herman J. Hogensen City Auditor City Recorder (SEAL) (FORM OF COUPON) No. $ On the 9th day of October, 19 , Salt Lake City, Utah, will pay to the bearer at the Office of the City Treasurer, Salt Lake City, Utah, the sum of dollars ($ in lawful money of the United States of America, being one year's interest due on that date on its Curb and Gutter Extension No. 284 bond, dated.October 9, 1961, this coupon being payable exclusively from the funds described in said bond, /s/ Louis E. Holley Bond No. City Auditor Section 3. Said bonds shall be signed by the Mayor and attested by the City Recorder, and drawn by the City Auditor on its Treasurer, and the annexed coupons to bear the facsimile signature of the City Auditor, and the Board of Commissioners does hereby ratify, approve and confirm the execution of said bonds by the said officers, and the City Treasurer is hereby authorized to issue and deliver the bonds to the purchasers thereof, their agents or assigns, on receipt of the purchase price therefor. -4- 111 Section 4. The Treasurer of Salt Lake City, shall be, and he is hereby authorized and empowered, and it shall be his duty, to receive and collect all assessments levied to pay the cost of said improvements in the Curb and Gutter District No. 284, and the annual installments thereof and the interest thereon and the penalties accrued, including without limiting the generality of the foregoing, the whole of the unpaid principal which becomes due and payable immediately because of the failure to pay any installment, whether of principal or interest, when due, and to pay and disburse such payments to the person or persons lawfully entitled to receive the same, in accordance with the laws of the State of Utah and all the ordinances and resolutions of said City heretofore or to be hereafter adopted. All monies constituting the payment of principal of said unpaid installments of assessments shall be placed in a separate fund to be designated"Bond Fund of Salt Lake City Special Improvement District No. 284" and shall be used for the purpose of paying the principal and interest on special improvement district bonds of District No. 284 and for no other purpose whatsoever, and as security for such payment said fund is hereby pledged. Should there not be sufficient money in said fund to pay all of the interest and principal falling due at any one time, then the principal and interest shall be paid from the guaranty fund, or from any funds in the City lawfully available for that purpose. Section 5.. That assessments and interest thereon have been and shall continue to constitute and are hereby declared to be a lien in the several amounts assessed against every lot or tract of land in said Curb and Gutter District No, 284 from and after the 9th day of October, 1961, the date on which the ordinance levying special -5- � R assessments became effective, which lien shall be superior to the lien of any mortgage or other encumbrance, whether prior in time or not, and shall constitute such lien until paid, which shall be equal to the lien for general taxes. Section 6. That in response to request for bids for the bonds herein described, bids were received as follows: Name of Bidder Int. Rate Premium Edward L. Burton& Company 5% $5,678.50 J. A. Hogle & Thornton Morris Co. 5 5,632.50 Chiles-Schutz Co. 5 4,621.52 Continental Bank & Trust Co. and Lincoln Ure & Co. 5 4,541.16 It is hereby determined that the offer of Edward L. Burton & Company and associates to purchase said bonds at a price of par and accrued interest and a premium of $5,678.50 is hereby determined to be the highest and best bid submitted for the purchase of said bonds, and the sale of said bonds to Edward L. Burton & CompanY in line with their bid therefor is hereby ratified and confirmed and the bonds are hereby sold to said purchasers in accordance with the terms of their bid therefor. The City Treasurer is hereby instructed to deliver said bonds to the purchasers upon receipt of the purchase price thereof. Section 7. That a special improvement guaranty fund has been created as provided in Article 8 Chapter 7 of Title 10, Utah Code Annotated, 1953, as amended, Salt Lake City hereby covenants and agrees that at all times during the life of the bonds herein authorized until the payment thereof in full, that it will, to such extent as is necessary, in order to prevent default in the payment of principal and interest on the bonds herein authorized cause to be levied annually for guaranty fund purposes such tax as may be necessary on all of the taxable property in Salt Lake City, Utah, but not in excess of one mill on each dollar of assessed valuation; and that any money received from said special improvement guaranty fund levy shall -6- 11-1. be placed in the special improvement guaranty fund account and maintained for the purposes outlined in Article 8 Chapter 7, Title 10, Utah Code Annotated, 1953, as amended, and for no other purpose. Section 8. That an emergency is hereby declared, the preservation of the peace, health and safety of Salt Lake City and the inhabitants thereof so requiring, that 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 and said ordinance shall be published in the Deseret News-Telegram, a newspaper of general circulation in Salt Lake City, Utah, and this ordinance shall take effect immediately upon its passage and approval and upon publication as required by law. ADOPTED AND APPROVED this 26tt�^day of Decemb , 19691. -77 Mayor ATTEST: • der (SEAL) BILL NO. 111 of 1961 Published December 29, 1961 -7- 11.1 ADM•9DA Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake D M Ookey Being first duly sworn, deposes and says that he is legal advertising clerk of the DESERET NEWS AND SALT LAKE TELE- GRAM, a daily (except Sunday) newspaper printed in the Eng- lish language with general circulation in Utah, and published in Salt Lake City, Salt Lake County, in the State of Utah. That the legal notice of which a copy is attached hereto An Ordinance of Salt Lake City Authorizing and Directing the Issuance and Bale of Curb and Gutter Extension District 284. was published in said newspaper on December 29, 1961. Legal Advertising Clerk Subscribed and sworn to before me this 2nd day of January A.D. 19 62 Notary Public My Commission Expires Nov. 25, 1965 it l Lop Notices IPyn>ca tic. ATTEST: AN ORDINANCE • City Auditor AN ORDINANCE OF SALT LAKE CITY, SALT LAKE COUNTY, At Herman J.HogensenCity Recorder UTAH, AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF IMPROVEMENT BONDS'OF SALT LAKE CITY,UTAH,CURB AND (SEAL) (FORM OF COUPON) GUTTER E%TENSION_X 1RIEr ID. "JRM OF SAID BON S� THE ha IMPR7,Cl EmI E iN 90pNI11O DIGcS i,RICT, PROVI0I NG FOR THE Oa the 91h day of October. 19—, Sali Lake City, Utah, wi'1 pay BECOOMEDADEECTI VE Ina MEDIfTELYN AFTER TITS'PASSAGE A AP- to the bearer at the Office of the City Treasurer,Sall Lake City,Utah, Me sum of--—. dollars($— —1 PRO PND PUOLICAT ION. money WHF_REAS,iM1e BOafd of Comml_5!oners of Salt Ldke ClC1Y,Utnn,has to lawful m of the United States al America,being one Year'S n- heretofore adapted Proceedings for the construction of Improvements In tore:t due o^ that date on Its Curb and Duller Extension No. ]lid Curb and Gutter Extension District No.20n and the Ordinance of said bond,dated October 9,1961,this coupon being payable exclusively from City confirming the assessment roll for such improvements having been • Me tunes described in said bond. /s,Louis E.Halley duly authorized and adopted and approved on the 91h day of October, City Auditor 1961, and s en' rot wn said Bond No. — WHEREAS, the nonce o sscordance with vtheCoriequlremenis not the SOcl ion 3.Said Donds shall be S,gaetl by iM1e Mayor and attes'ed by District has been published n and no ice the Cily Recorder,and Drawn Dv the aced Auditor on Its Treasurer, d ofwa a me state of Sdient hos been mailed by o Me ordinances CTread/re!'to all the owners Me annexed coupons to bear the facsimile sIgnafure of the P City of all properly ass:sad in said District: and Auditor, and Me u Board or Commissioners does hereby ratify, approve and the WHEREAS,the Ctotal cost of the project was 12F,252.10 5)0],]6f which o»vs 1ho Cnly Treos rerirm he's eherebvn eulhor of ai>Etlid b l0 sasslJns by l,Cd ntle,iva said ffic'nru Dr ds to remai pg fro v to 520ost, Vt hich en a of against arty the purchasers thereof,their auenfs or ur s, o receipt of the Fur- ! me by it Is tool cost, f which the CO y's foot chase price Ihere`or. named by it Is None,the DnlnnCde of the the labutting st, after,d¢lel deleting Section 4. The Treasurer of Salt Lake City, shall be, and he Is the e a's portion, being assessed during the fifteen day pen .ollov�ing M1erobv authorized and empowered, and it shell be his duty,to receive rs n the amount OF 5101,J6850; caper and collect all as essinei ns levied to pay the cost of said improvements the effective date of the ordinance levying, the asses m the o s of private property In said District have paid 525,168.`0 Ont iM1e principal IltereeatlCutl IM1ed iGtCrest District No. NOtl 28 a penaitles annual einstallments including Of their assoksments: and opinion of the Board of Commissioners that afloat limiting the 9¢nerelitY of the toregoir9,the whale of then unpaid WHEREAS, and sold for the principal which becomes due and payable immediately because o! the Special Improvements Bonds of sold City shall be issued or Durnoso of paying for the improvements In said Curb and Gutter Exten- failure to pay any installment, whether of principal interest,¢when Y and to ay and disburse such Pay ants to the person or persons on District No.2nd for Salt Take ORDAINED Utah.SI NOW.THEREFORE,BE IT ORDAINED BY THE BOARD OF EOM- 1M1efsta teooil11 Utah andeali the ortlinances'and don cl ul ions ff¢sal-tl City A SSIONEP.S OF SALT LAKE CITY,UTAH: 19 es Section 1.There shall be issued S62,000 Sall Lake City.Utah,Special heretofore cr-to be hereafter dopted.All n ni a o slltul log the IC, ant of principal of said unpaid installments Of assessments shall be Imdrovement Boars date at th and GUN¢.f OcloDcl�an1961,si District bonds toplaced in separate fund to be designated "Bond Fund of Sall Lake sold bonds to beat date of the 91h day o lumbered,and City Special Improvement District No. 284" and shall be used for the mature without ption of p for payment 10 bear interest,Amount nU pcseXi i Da In Ilne riot pal and interest o r'al i rovement In the denominations as follows: AmoVat Year tlisfrian bonds of on ouch No.l nil and for no other spurpo to whatsoever, Bond Numbers and a security for such v said Nod is hereby the interest Should (All Inc ldsivel Interest Rote $1,0001nallon enifglsrinS Ma10.9.62 there not log su c:enl m sa id fund to nay all of the interest and 110 5.00`,b $ 2W 10 9.62 riot;.al Calling'tall¢of'a ¢ time, IM1en the v cipal and interest p-10 5.00 100 10.q.a3 pshah he vaitl tram Ina 0 v fund, or from anyn fords in the Into 1,0e0 6,000 an 19-0 5.00 200 10-9.63 lawfully ova.pt for }ne uh lop 19.20 5.00 100 ton6d Section 5.That as menis asntl in'eresi-thereon have been and shah 1,000 A,0n0 on lino¢ to c nslituta and a e hereby declared to boa lien In the 21.30 5 n 10O 200 10-9.6d x anal Dun Ls a sse0 a insf e e v lot or Traci of land said 29-3n S.Lw 00965 sev sp a r 1,0, 8,000 Curb amain Guller sdate o No. 28t vfrom and alter the 91h day of + n 5.00 100 no 109-65 October. 1961, the date a which Ipe ordinance levvin9 special <I 1,OCG 8,^,:10 10 9-66 s- 41,8 5 0 23p 10-9.66 cots became eff¢.five,which lien shall be superior to Me item of a 5150 5,00 1c0 10.9-67 mari9aye Or Other a cumbrance, whether prior in time Or not, and 5.00 1.100 0' 10961 hall constitute such lien until paid, which shall be equal to the lien 61-68 5.00 100 .0 a 5960 9,rx30 109-66 for general taxes. 61-Jo 5.00 1,100 L00 10.9de Section 6.That In response to request for bids for the bonds herein 69-10 5.00 000 described,olds were received asfollows: ]I-80 5.00, 1.100 B.MO 10.9.69 Name of Bidden Inf.Rate Premium ]9-80 5.00 100 000 10-9-70 Edward L.Burton&Company S",: $5,610.50 1,000 0,200 109.]0 81-or 5.00 2C0 i0.q.10 J.le Hhult 8 Thornton Morris Co. $ 5,632.60 89-9U 5.00 100 10-9-71 Chiles-Schults Co. S 4,62150 9-100 500 1,10D 8,000 Can'inental Bank&Trust Co. 5.00 IOU le 109]0l and Lincoln Ure&Co. City Tr gable at the Office f 5 .,Co- Hand principal and annual interest shalt be parable II is hereby determined that the offer of Edward L. Burton&Com- P the GIIY Treasurer of Salt Lake City.Utah. s thereto attached shall be any and Associates to purchase said bonds a vri of par and p -t c Sectian 2l That said binds and the coupon be the highest and best bid suU mined for the purchase of as bonds, In substantially the following STATES antl 1'ne sole of said be,Us 10 Edward L. Eur10n & Company in i.ae UNITED STETOF OF AMERICA with ineir bitl thareror is herahy rafif led and confirmed and toe bonds STATE OF UTAH a hbrebv sate to saitl purchasers c,rdancl; with the terms en A COUNTY OF SALT LAKE their bid therefor. The Ceo Treasurer Isehereby oshascled fo de'iver SALT LAKE CITY,UTAH said bolds to fha purchasers upon r ei t of Me Furchase rice thereof. SPECIAL IMPROVEMENT BOND 5ect:cn].That a special impro¢meat Ito 10, Ufah CUde AnnolI t 51C0 1953, as amended, Salt Lake City hereby covenants and agrees that 51,000 at all times during the life of the bonds herein authorized until the KNONf ALL nJvlfhe Coun1Y'of5E Salt PRESENTS: Stale of Utah,a payment thereof in full, that it will,to such extent a snecessary,in That Salt Lake City, I and existing, for value ved rear to prevent tlefaulf end iha va mint f yr va! is Interest on municipal ration duly org a as herece.ver the bontls herein ulhol'Izas toes¢ fo De Ievie0lna a Ily for guarabta hereby romises,out of funds available for the purpose, a 1Untl o:0ae5 such te% as ma be n¢c¢ssa Y Glnn»II of the lIll 00 set tooth,to Pay the hearer the sum at _ IS ea000 iv In Salt Lake Clly, Ulah, but of it excess ai one mill o In laWtaI money of the United States Al Bch de'lar of assessed Valuation;antl thatn shall one re evetl from said n the 9th tin of October,thereon special Improvement guaranty fund levy be placed In the special America,with Interest at the rate of five cent year,ben rovement rliole tY Ufuntl a c unt antl maintained tar iM1e purposes annum,inning payable annually In Ilko money on October Spain asli lnetl a Article 8 Chanter c2,o Title I,mt. Cade Arinefa fed, i953, October 9, 1962, upon the Presentation and surrender of Me as antentledI and N b other pu pose interest coupons hereto attached,both principal a.C interest hbeing even• t Secn'on 0. Tnai annen gerev ris M1erebv tle<'ared, the preservation able at the Ofllde Of iha Clly Treasurer,Salt n f ine peace, health antl safety of Salt Lakc Cliy and 1'ne inhabitants of tondo¢to pay this bond when due,I1 shall draw Interest at the rate 1'nereof so re it ny, that Immctliately alter ifs 'sod 1n fM1 is Ordinance 01 !oht per cent (Bail per annum until paid, shah be signetl D foe hoc t and City Recorder antl small U¢recorded eTUla bond is drawn upon the City Treasurer against the special tax the ordinance book kept for oe l DurpOse and said ordinance shall levied upon the properly included in Curb and Gutter Extension No, pa puDlishctl in iM1e Des^ref News-Telegram, n news per of yeaeral 204 of s�d city, to a the cost of Special Improvemems constructed IrcJletion in Salt Leko C'iv. Utah,antl Ih is ore inanco shall lake ellect In sold district and In null conformity with the Constitution and Laws ImmeUimely upo hs passzaa antl approval and upon Publlcafion as Of the stare of Utah,and also ordinances of said City duly passed andI-ed Vired b, 1aw11 made special)imprfvementto aanee issuance fund)has been created by said ADOPTED AND APPROVED this 26th day f December, 196. ATTEST: J.BRACKEN LEE, City a special city Article Bthat1aater l times 10. Utah Inc1 Annotated Mayor bond and said say` of cis that at it times auring a fife f this HERMAN J.HOGENSEN, bond and. T s bond lis payable le full, mid fund shall be at all limas (SEAL) 1961. (B-95) maintained. This bond is payable exclusively out of said special lad Bow Nh.111 of December and the said special improvement guaranty `Und, and nil Bier said Pub:ished December 29,1961. City nor by officers fie, r Is holden for the payment Iha,cts, conditions i.e. arm onenions It Is heesse certified,t revaho li and d this that all acts, c aand nd have sheen essential to in dtuo time,formdity , antl band ner exist, required edh by lava and tnate the nslont0ltl IsMe district fd bonds of said dCity Including eVthis bond for id e said xhe i extension levie said imstrict does end that edit a sales taxes have cover oven IN WITNESS WHEREOF, Salt Lake City, Ulan, has caused this dmei rand wn to byC ItsgCity DAuditornor•on tsand Treasurer,attested and nd its the a Recorder coupons ons y itsroue 'io bear the facsimile slsnetuo of said City Auditor, this bond to be dated October 9, 1961. /sI J. Bracken Lee Mayor I I I