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12 of 1961 - Authorizing and directing the issuance and sale of $80,000.00 of Special Improvement Bonds for Curb • ROLL CALL Salt Lake City,Utah, Mash 9 ,1961 VOTING Aye rTsiaT, I I move that the Ordinance be passed. Christensen . . _ V Harrison . . Piercey . 1�-- �J Romney . . . __ Mr. Chairman AN ORDINANCE - 1Result . AN ORDINANCE OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF IMPROVEMENT BONDS OF SALT LAKE CITY, UTAH, CURB AND GUTTER DISTRICT NO. 282; 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 improvements in Curb and Gutter District No. 282, and the Ordinance of said City confirming the assessment roll for such improvements having been duly adopted and approved ( on the 10th day of Tattu'ary , 19 61, and WHEREAS, the notice of assessments to property owners in said District has 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 $ 135,323.58 of which the City's portion was $ 25,853.36 , leaving an amount of $ 109,470.22 , 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 City's portion, being assessed against the abutting property owners in the amount of $ 109,470.22 ; that during the fifteen day period following the effective date of the ordinance levying the assessment, the owners of private property in said District have paid $ 27,961.14 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 fn said Curb and Gutter District No. 282 for 12 Salt Lake City, Utah. NOW, THEREFORE, BE iT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH: Section 1. There shall be issued $80,000 Salt Lake City, Utah, Special Improvement Bonds of Curb and Gutter District No. 282, said bonds to bear date of the 10th day of January, 1961 , said bonds to mature with- out option of prior payment to bear interest, numbered, and in the denominations as follows: Bond Numbers Interest Rate Amount Year (All Inclusive) (Per Annum) Denomination Maturing Maturing 1-8 5.00% $1 ,000 $8,000 1-10-62 9-16 5.00 1 ,000 8,000 1-10-63 17-24 5.00 1 ,000 8,000 1-10-64 25-32 5.00 1 ,000 8,000 1-10-65 33-40 5.00 1 ,000 8,000 1-10-66 41-48 5.00 1,000 8,000 1-10-67 49-56 5.00 1,000 8,000 1-10-68 57-64 5.00 1 ,000 8,000 1-10-69 65-72 5.00 1 ,000 8,000 1-10-70 73-80 5.00 1 ,000 8,000 1-10-71 Bond principal and annual interest shall be payable at the office of the City Treasurer of Salt Lake City, Utah. 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. 282 $1 ,000 No. 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 to bearer the sum of ONE THOUSAND DOLLARS ($1 ,000.00) on the 10th day of January, 19 -2- 12 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 January 10 in each year, beginning January 10, 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. 282 of said city, to pay the cost of Special Improvements constructed in said district or extension, under, by virtue of 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 guarantee 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, con- ditions and things essential to the validity of this bond exist, have happened and have been done in due time, form and manner as required by law, and that the total issue of bonds of said City for said Extension or District, including this bond, 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 January 10, 1961 . /s/ J. Bracken Lee Mayor /s/ Louis E. Holley City Auditor ATTEST: /s/ Herman J. Hogensen City Recorder (SEAL) (FORM OF COUPON) No. $ On the day of , 19 Salt Lake City, Utah, will pay to the bearer at the office of the City Treasure$ 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. 282 bond, dated January 10, 1961, this coupon being payable exclusively from the funds described in said bond. /s/ Louis E. Holley City Auditor Bond No. 42 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. 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 Curb and Gutter District No. 282, 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 separte fund to be designated "Bond Fund of Salt Lake City Special Improvement District No. 282" and shall be used for the purpose of paying the principal and interest on special improvement district bonds of Salt Lake City Curb and Gutter District No. 282 and for no other purpose whatsoever, and as security for such payment said fund is hereby pledged. Should there not be suffi- cient 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 of the City lawfully available for that purpose. Section 5. That the 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. 282 from and after the 10th day of January, 1961 , the date on which the ordinance levying special 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 two the lien for general taxes. to Section 6. That in response to request for bids for the bonds herein described, four (4) bids were received as follows: Name of Bidder Interest Rate Premium Chiles-Schutz Co. 5.00% $5,352.80 Edward L. Burton & Company 5.00 4,708.00 The Continental Bank & Trust Company 5.00 4,563.20 J. A. Hogle & Company 5.00 3,616.00 It is hereby determined that the offer of Chiles-Schutz Co. and associates to purchase said bonds at a price of par and accrued interest and a premium of $5,352.80 is hereby determined to be the highest and best bid submitted for the purchase of said bonds, and the sale of said bonds to Chiles-Schutz Co. in line with their bid therefor is hereby ratified and confirmed and the bonds are hereby sold to said purchasers in accord- ance 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 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 cir- culation 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 Ninth day of March , 1961 . Mayor ATTEST: ity, � (SEAL) BILL NO. 12, 1961 Publl shed: March 17. 1961 • -6- 12 Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake Publfnhetl Minch w.19k1 IB-SI D o lJLa 0 y AN ORDINANCE -- AN ORDINANCE OF SALT Being LAI(P (:ITy, SALT LAKI; ') ist dui Sworn, deposes COUNTY, I Ail. AUTHOR I% DIRECTING�INc THE IS. 9 Y- and says that he is legal advertisingm,Ne AND rfi(VFM9.1T AND OF SA� clerk of the DESERET NEWS AND SALT LAKE TELL-; LAKn:CITY,UTAH.CP11 f1 AN❑ GUTTER DISTRICT No. aka: GRANT, a daily (except Sunday) newspaper printed in the L'ng- TO L`INANCE THE COST OP ) [, 7 IMPPPROVEME TS PROVIDING lisp language with general circulation in Utah, and T published in FOR THE AMOUNT AND TIIE Salt Lake City, Salt Lake County, in the State of Utah. EXEC BOND AND FORM D1 y SAID BONDS; FANDING ANDI • That the legal notice of which a copy is attached hereto r DECLARING AN EMERGENCY No = THAT THIS ORDINANCE BE- b`.. i; .li�iten Cl t o\T A,i 1. No, t n l C COME j APO AFTER TE PASAG , APPROVAL, ANDS PUBLICA- IV iREAS. Etc Bnara or Cem- lin Ord i rt inCea Jai 1;110ri i'Se' and. Di r Cti nr', of Salt Lake City.Utah has heretofore adopted proceed, -- --- .n for the'-eonstruction Hof 11. i 0 b ¢ tl Got,M1 Fiet-cementsDistrict,No, 282 n to i o di. �'t,r 1 ca,,:1n C(; l�nA lyral r� of Illy-f'nlrP,tnyn'h� Bonds 1 a c9 Ilion-f 9 or 101 11 theu rts' roll bowl duty doplct mea aVclO1u6 en,he ion d,y er C,IrY, �rtd (1rtt,pr Di^t,"L''hC'i, Nan PAP d WHEREAS,the notice of asso.,s. nlstriet Frents is beenYDublished in s.11ed e thedlaw,oflthc state of Ot Pn nod ine eraman9na of fad cu>, nna tl notice et a cot a has beco Ito -I 1 b te',7§ T_ n rats M 1l,a11 c I ct -d t - Nor P Yip ��n a ,_ la n f 1 d e`y was published in said newspaper on a WHEREAS,tke l t 1 Cost 80 the tICOOS he [liva3 S1 5,32158. f whfeh ' n0rEon Won$'Ari,815.41, lea alnnd t inot.f 'ty n.hi n e -ay's 0oft foot mi 'ot nerty the ownedy'.Ie it i ,cost, Idest e rla owned cd h1' it .e None. alter&00llnce of.•the Iron'font ion. 1f alter d t' the(It t' �,11 being ieroperty assessed 18ei's1 tI tl- b ito nt of J °�,dI094f h Ordinance levying 011211hll0 h ttl t heffective • date 4hfIC 81Dal it W private Legal ,Advertising Clerk $29 9 Ic 5 t1M1lton-thetlP of ti g �t iFCVHlloard of Cornmlisinnrlo'so that Yd Sneeinl Imarove¢gment ➢on0S t y forthet50080 be[lnovinIX far the n-Gnreve menls in said Coob nd utter U0t No, 282 tar Salt; .A Lake City,URh, 'n NOW.THEREFORE,BE IT OR- 'In i}r DAMMSBYNEHE OOARALOTO before me this day Of dILAKE CITY,UTAH: $800I0 S 1t L k CIt 11Utah sS d nImprovement Bonds f Curb 61 l r ti ntet t N ---._A.D. 19 be i t b � I t f lh SOU1 L da f J _ l9Gf -tl b ds to tit nbctlt 11I1 -h �d d h tl nations � - g Id Nuin•I t c - r L 4, � Rate Amount YeariA / ���- froth,I] frcr Den 1-M fur-Matlm Notary Public 1v iAnnum nation rl a.y '-00- $1,020 F2.000 L-tit 9-t[i :,_00 1,000 8.000 1-10a21 '1-26 00 I,000 6.000 1IPf4 r,l�za-az .on Lnao e.aoo,-toss; 1 V.12 son t,000 Mg 1-lu-2 A,56 5.00 1,000 8.000 Id0e9 14056 5.00 1,01)0 8.0110 1-19.00 "9.0d 500 1.000 k.0001-10-0AY �70.80 5. sA000 L00,1 k.000 8.000 1000 1-10.fI 41-Rend nnnrm nileoffe ai and l r--- - - cat r.hn1 he 1 vn t blc n office of the Lily'fl�onaulrr of SAIL Ihi I<r City,Utah. Scrtion). That hoods the 'Ferule vil heb ICsdi,a 11 befn�In. nhl,torial, tile tnl ji UNITED E'rnTI:S OR A01ERICA annoy 01 oCli I COUNTY SALT'LAKE SALT LAKE Cary,UTAN Louis 5.Holl¢Y r f SPECIAL IMPROVEMENT d City Auditor o HOND I d Rond No. 1, CURB AND GUTTER - Section 3. Said bonds shall be S -- EXTENSION NO,202 1 -signed NV Inc Mayor and attested 5 - - $Loco No e '. y the City Rcemder,and drawn Legal Notices 1 HNOW ALL MEN BY THESE "by nc City Autlitor on Sls Trees-Is Il PF1SLN rS' I I a d h n d - C That Silt Salt aka City, Stale they j to tl hear 1 the facsimile lit-mil d the.R .fI.E be- esgu I tothelien t H el'al f Utah, municipal 't duly I f Co does.h b - Seat E. That n e to S organized d existing,{ 1 1 -eau i f ap d fI - e.t f bids f -v I h b out o£ t-o a p I d 1 herein described, the bids 1 f ads I-bl. f the rppse,< officers. .1 City T re e ! follows: he t forth to pay bweby authorizedto issue and II .itztes, S to bearer the f i I t h IN of Bidder Rate Premiumf ONE THOUSAND DOLLARS) !h t. ' CI e 5 1 (, 00 SS'J52.l1 l he 10th I • [of to h' EdwardAs.CO.L Burton y n the 1Jll d': f J 10 1 h &G any 500 4'i08,00 j_ al '!SLatcc In lawful of As'crica.money with interest United,' I1n,tc Ct>on t slrnhIt Treasures bc and he I I TEa kCouh Trutt thereon tl ate of rice •,. I}cmby tlaonvcd d s C n an 5.00 4,560.20 F and ,t shall be his 1 t' t e J.A Hbgle dz cent payable' Comp 5.00 3,81600 Y annually 111 00 J': j levied In collect t u d ns l It is hereby determined' that the 0 I U 10'2 M1 e C b d C y': ff 1 I -Sh 10 and I. ! I 1 I U tar N. 202 d th L' - to topurchase said bonds IL' vet R t It d, stalln eats thereof d M1 ( al a;tuti f par and accrued both p 1 and c t lacing ,Wrest hereon and the p naltics 1 terest a d premium of 5:52.80 Payablet h - r thelazing I accrued, in Is herebya t d [ b th gthe generality of the foregoing,t I 1 highest d best bid - bit d d r r. 5 Lake (,t. VU Utah. [he hole of the un d n I r for,thq_p,-base of ad r ads, I e'en' f f f e• t th'.' which b. d d 'b1 - the f -d ry d tI 'L t It t th t- h[ll Il�t ,l 0o,ail because of failure I Ch,e bat It. C n l 'll ,i ¢e L f0"'.l I 'tl. to ninstallment, whether their bl l Inct -.f hereby ralf- os This I d the • -interest. .d 'f d Id a d the bonds nto d cisb h �' h eb Id t d purchasers(tl levied against t property t lawfully t the d t the h bldath -f to the dd GbaEd Ctl. J e] FAT Ii t. n N 20 [ d t m= 11 tl l b to t d t d f the £Ut h d II 1, site bonds/ the hcs¢s N .l S I T reh,rse -ln-constructed dd Cd,, t[.I it b.h fl a,� mice edit of ton t [I e b ilt thy. wed constituting S. '! That a suede: Ens C lit d L of the State'I I pa t £principal f Id0_ -c t8 I fund l boon f on i d f- • ladinstallments� f d - ill d 0, Article 8. I'd said Cloy duly in a law thereof0 0:to and made the ssu ane I Ito be designated Bond kte fund ond of, A notated 10u,tla 10n Utah�der1,5101E I�h l u Salt Lake City Sue i t I L'to Cil l l t d 31. A t Went D 1 t N 28 shall.: 1, that at t' d - tec final1 b Goofed Bald f Ae very t h fpayinglife f thebonds l authorisedthy l .n lod A t 1 8,1I he p,l d t c�] that 11 'll to t thereof extentin full, II CI'ptc '1 1'tl nd UII ( d.It .I 1 improvement dlst ct bonds of I necessary,r ord och prevent de- d Annotated 185 and d City1 Salt Lake CityCurb and Gutter fault in th inp ant of n tine- F j,soirees that 1 times 1 the District N 282 and f h r lit of h lH d ,d l - w'ha'soever, and - and interest any the bonds herein B 1,`thereof ' Intl. 'd fund i purpose su h a t 'd f d authorized cause to he levied 1 la t h t:All limosd l herb 1 d Sh Id there such n1 lain mayguaranty fund necessary se 1h bond payable - t be ff. t -dlnf the btepropertye -ySatt t of said.special and the - d et p.. II f [h It t• Lake theCit Utah. hut t I d special t R e p o falling Ice of on mill on each dollar in eof t e d neitherd C I i thenth g d t d ss officer.,thereof holden f interest shall be id f theassessed valuation, and that I.thepayment thereof t! , - ant f -f:' funds money received from said 15, t It is hereby r " the City lawfully available for cent g r ty£ d] and declared that all acts,co di- that purpose. sballobe 1 ea a atlte sal,n d I and Ill essential tothe. Section That - t d provement t fund account i 1-dlty f this bond exist. h interest t D and, and m i,_[ tl I i he Poses D happened d h- b 1 j shall e t t constitute ,d• Tltlen 10. Ut hl Codc Annotarted t d t' f a e n a i d top - I 1 required byI 1 that the the I d 053. as amended, and for total [bonds f d City - 1 l t t i t tl otherrp se ne,ee nay i t t raid Extension U District, -n s id C 'b d G It Orstl i¢t Section 8. That e eluding tl- d does not I Nn.282 f d after tl s0th. i hereby I I tl an - v DI (thet levied t R 1 clay f 1 Of M1 date t I th p i Itl d reed IL1[ I t d[hot l which the ordinanceI -r f t '1 S It l k C t d l o i tanss h.5 b n l:,w 5 I assessments b ft 1 , h' t nt I f - _ d fully levied, P h h I M1'II D tp''t :that d (I ft - d I IN WITNESS WHEREOF. Salt thy]e t a t6 other his ordinance h II b 113. ,mb' n Ih p l n',' b the M d C' R d. t Lake e C Utah h: c d j lime t d h II tit le and.shall be 1 l d'-L d t] bond t signed b I. svctt 1 en a rill paid. IId d book ordinance t that M andattested b it City' shall b- e- R 'rlr l drawn D 11 Citylashed theD;. I N _�l tc 11 Auditor t ',Lamm,. I IM1 r 0new fix l ,9-annextil bsd cc t - S I L' CO- Utah,'] s __ fai iii City Auili- d this d shall i k r t - ! tb'. M1 I t b fled f timmediatelyo on L r funu,u'y 1U6196] sagosurd approval ,d un nunb • - :/].Bracken Lee I'caon ass retluired by la.v ADOPTED AND APPROVED ,I' Mayor Hnllc.v this 9th day of March.1061 • /a/Louis I: C�fy Auditor • Z. BRACKEN LEE, II n 1000,1 Mayor 11. Is/a/Herman.f.Hnden••rn • ',ATTEST' City Recorder i NERMAN Z.ROOENSEN ISF.'ALI1 SEAL, City Recorder n FOAM Of'COUPON: Gity Rcce neon i; No 'BILL NO. 12.10UI i0i on Elan «:i.r nC Published:March It.1E81 IR-521 JI Ala .Salt Lake Citvt IPA,will I to Ire. bearer : ffice.I '8 of yll,o Cdv Tres rrrr¢r. S. Lake 'O�City. Utah, :lac 0 n Iycll ar..the , 11 5esoflawful mn nr. i Unite Iry in 1. hoc roc:n bald Inc 's s Lrbe.l duo Cutter dial dale nn 000. 'I Curb bond, :utter Extension ion No.p 202 ponal!dated January o 1961,r tlr,^c oon beins a blc -d.u- rrnm me funri>a�acritica yin d' atal eoprl. n /GZ