124 of 1979 - Levying a tax for the assessment of property in Curb and Gutter Special Improvement District Extensi •
...,� ORDINANCE NO. 124
AN ORDINANCE confirming the assessment rolls and
levying a tax providing for the assessment of
property in the Salt Lake City, Salt Lake County,
Curb and Gutter Special Improvement District
Extension 38-668, 38-668-1 and 38-668-2 for the
purpose of paying the cost of curb and gutter,
street paving, street lighting and landscaping, and
other miscellaneous work necessary to complete said
improvements in the proper and workmanlike manner;
providing for the addition to the Salt Lake City
Special Improvement Guaranty fund; and
establishing the effective date of this ordinance.
BE IT ORDAINED BY THE CITY COMMISSION OF SALT LAKE CITY,
SALT LAKE COUNTY, UTAH:
Section 1. The City Commission of Salt Lake City, Utah,
hereby confirms the assessment rolls for Salt Lake City, Salt
Lake County Curb and Gutter Special Improvement District
Extension 38-668, 38-668-1 and 38-668-2 (the "Improvement
District") and hereby finds that the assessments are just and
equitable; that each piece of property within the Improvement
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 on the assessment rolls will bear
more than its proportionate share of the cost of such
improvements.
Section 2. The City Commission of Salt Lake City, Utah,
does hereby levy a tax to be assessed upon the real property
described in the assessment rolls for the Improvement
District. The assessments shall be levied on a front foot
basis in the amounts set forth in the assessment rolls, a copy
of which is hereby incorporated by reference and made a part
of this ordinance. The property being assessed is within the
boundaries of the Improvement District all as is more
particulary described in the Notice of Intention adopted by
the City Commission on the 22nd day of May, 1979. Said
description is incorporated herein by this reference.
/ VOTING Aye Nay
Mr.Chairman .. .
Agraz
Greener -3_
Campbell
Phillips
124
The assessments hereby levied are for the purpose of
paying the cost of construction of curb and gutter, asphalt
paving, raised median, street lighting, landscaping,
excavation, grading and the preparation of the street to
receive the said improvements, and other miscellaneous work"
necessary to complete the improvements in a proper and
workmanlike manner.
Said assessments are hereby levied and assessed upon each
of the parcels of real property described in the assessment
rolls. The assessments are levied to the extent the
properties being assessed are especially benefitted by the
improvements to be constructed within the Improvement
District. Said assessments are levied at equal and uniform
rates.
The total cost of the improvements in the Improvement
District is $691,325.00 including a ten percent (10%)
allowance for contingencies and a fifteen percent (15%)
allowance for administrative costs. After deducting
$126,000.00 which will be paid by Salt Lake City, and
adjusting for the differential resulting from application of
the rate of $111.49 per front foot, the amount which is hereby
assessed is $565,312.28 which total amount of assessment does
not exceed in the aggregate the sum of (a) the total contract
price for the improvements under contract duly let to the
lowest and best responsible bidder therefor; (b) the
reasonable cost of utility services, maintenance, labor,
materials, or equipment, if any; (c) the property price, if
any; (d) overhead costs not to exceed fifteen percent (15%) of
the sum of (a), (b), and (c); and (e) a contingency factor not
to exceed ten percent (10%) of the sum of a (a), (b) and (c).
Section 3. The assessment rolls prepared by the City
Treasurer are hereby confirmed, ratified and approved. The
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tax based upon the assessment rolls is levied and assessed at
equal and uniform rates with the full depth of each parcel of
real property to be assessed within the Improvement District.
Section 4. The whole or any part of the assessments for
said Special Improvement 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 not to
exceed ten (10) years from the effective date of this
Ordinance in ten (10) substantially equal annual installments
with interest on the unpaid balance of the assessment at the
rate of nine percent (9%) per annum from the effective date of
this ordinance until due. At such time as bonds are issued for
the Improvement District in an amount not in excess of the
aggregate total of unpaid assessment balances, the interest
rate at which interest will accrue on the unpaid balance of
the assessment shall be modified to equal the average interest
per annum of said bonds. Interest shall be paid in addition to
the amount of each such installment annually at the time each
installment becomes due. After said fifteen (15) day period,
all unpaid installments of an assessment levied against any
piece of property (but only in their entirety) 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
improvement 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 improvement bonds as
interest becomes due and any premiums which may become payable
on redeemable bonds which may be called in order to utilize
the assessments thus paid in advance.
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Included in the costs of improvements for which
assessment is hereby made is an estimated amount for
contingent expenses equaling ten percent (10%) of the
construction costs as established by a unit price contract for
construction of the improvements and facilities within the
Improvement District as set out in the Notice of Intention.
Upon completion and acceptance of the improvements within this
Improvement District the costs of construction will be
determined plus an additional amount for engineering, legal,
accounting, and other administrative expenses totalling
fifteen percent (15%) of the construction costs. If the
aggregate total of all construction costs plus administrative
expenses is less than the total amount of the assessments made
hereunder, the surplus will be rebated proportionately on a
per front foot basis to the owners of the property assessed.
The rebate will be applied as a credit against the unpaid
amount of the assessment installment next due after the time
the surplus is determined.
Default in the payment of any installment of principal or
interest when due shall cause the whole of the unpaid
principal and interest to become due and payable immediately,
and the whole amount of the unpaid principal shall thereafter
draw interest at the rate of ten percent (10%) per annum until
paid, but at any time prior to the date of sale or foreclosure
the owner may pay the amount of all unpaid installments past
due, with interest at the rate of ten percent (10%) per annum
to date of payment on the delinquent installments, and all
approved costs, and shall thereupon be restored to the right
thereafter to pay in installments in the same manner as if
default had not occurred.
Section 5. The City Commission of Salt Lake City, Utah,
hereby supplements the special improvement guaranty fund of
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Salt Lake City and shall at the time of each annual
appropriation ordinance, so long as any special improvement
district bonds of Salt Lake City including the bonds of this
Improvement District remain outstanding, provide for the
levying of a tax of up to one mill in each year for the purpose
of maintaining in said fund a balance of forty percent (40%)
of the total principal amount of all special improvement
district bonds then issued and outstanding. The purpose of
such fund is to guaranty to the extent of such fund the payment
of special improvement bonds and interest thereon issued
against local improvement districts including this Improvement
District, all in the manner and to the extent provided by the
laws of the State of Utah.
Section 6. The officials of Salt Lake City, Utah, are
hereby authorized and directed to take all action necessary
and appropriate to effectuate the provision of this ordinance.
Section 7. All ordinances or parts thereof in conflict
with this ordinance are hereby repealed.
Section 8. An emergency is hereby declared, the
preservation of peace, health and safety of Salt Lake City and
the inhabitants thereof so requiring. 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. Said ordinance shall be published once in the
Deseret News, a newspaper published and having general
circulation in Salt Lake City, Utah, and shall take effect
immediately upon its passage and approval and publication as
required by law.
PASSED AND APPROVED BY THE CITY COMMISSION OF SALT LAKE
CITY, UTAH, this 19th day of Septem r, 1979
Mayor
ATTEST:
ity Recorder
( SEAL ) CCCJ// -7-
BILL NO. 124 of 1979
Published September 21, 1979
(Certified copy sent to Trerets Office 9-18-79)
Thereupon Commissioner Jennings Phillips, Jr. moved that
the City Treasurer be authorized and directed to give notice
of assessment by mail to the property owners in Salt Lake
City, Salt Lake County, Curb and Gutter Special Improvement
District Extension 38-668, 38-668-1 and 38-668-2, which notice
shall be in substantially the following form:
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124
Thereupon, the foregoing motion was unanimously adopted
and signed by the Mayor in open meeting and recorded by the
City Recorder in the official records of Salt Lake City, Utah.
After the transaction of other business not pertinent to
the foregoing matter, the meeting was on motion duly made,
seconded and carried, adjourned.
Mayor
ATTEST:
City Recor r
( S E A L )
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STATE OF UTAH
ss.
COUNTY OF SALT LAKE )
I, Mildred V. Higham, the duly appointed, qualified and
acting City Recorder of Salt Lake City, Utah, do hereby
certify that the above and foregoing is a full, true and
correct copy of the record of proceedings had by the City
Commission of Salt Lake City, Utah, at its meeting held on the
19th day of September, 1979, insofar as the same relates to or
concerns Salt Lake City, Salt Lake County, Curb and Gutter
Special Improvement District Extension 38-668, 38-668-1 and
38-668-2 as the same appears of record in my office.
I further certify that the ordinance levying the special
assessments was recorded by me in the official records of said
City on the ile- ' day of September, 1979.
1 further certify that said ordinance was published one
time in the Deseret News, the publication affidavit of which
is attached hereto.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said Municipality this .4
day of September, 1979.
>4 1, 7 ;1 -
City Recor�
( S E A L )
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124
STATE OF UTAH
ss.
COUNTY OF SALT LAKE
I, Stephen Page, the acting City Treasurer of Salt Lake
City, Utah, do hereby certify that on the day of
September, 1979 I caused to be mailed a Notice of Assessment
to each property owner to be assessed in Salt Lake City, Salt
Lake County, Curb and Gutter Special Improvement District
Extension 38-668, 38-668-1 and 38-668-2 by United States mail,
postage prepaid, at the last known address of such owner.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said Municipality this day
of September, 1979.
City Treasure
( S E A L )
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124
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication,
indicating by the affidavit of the publisher that the said
Ordinance levying the special asses e ts.w ich was contained
in the Ordinance adopted by the City on e 18th day of
September, 1979, was published one time in the Deseret News.
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124
STATE OF UTAH
ss. CERTIFICATE OF COMPLIANCE
COUNTY OF SALT LAKE ) WITH OPEN MEETING LAW
I, Mildred V. Higham, the duly qualified and acting City
Recorder of Salt Lake City, Salt Lake County, Utah, do hereby
certify that on the /7-1 'day of September, 1979, pursuant to
Utah Code Annotated Section 52-4-6 (1953), as amended, there
was posted (at least 24 hours prior to the meeting time) on the
bulletin board provided for such purposes in the Salt Lake
City and County Building written notice of the regular meeting
of the City Commission held on September 19, 1979 at said
Chambers, together with the proposed agenda thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said Municipality this 78'914'day
of September, 1979.
City Recor r
( S E A L )
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124
0,
Salt Lake City, Utah
September 19, 1979
A regular meeting of. the City Commission of Salt Lake
City, Salt Lake County, Utah, was held on ail n
18
September IS, 1979 at the hour of 10:00 a.m. at the regular
meeting place of said Commission in the City Commission
Chambers, City Office Building, Salt Lake City, Utah, at
which meeting there were present and answering to roll call
the following members who constituted a quorum:
Ted Wilson Mayor
Glen N. Greener Commissioner
Jennings Phillips, Jr. Commissioner
Jess A. Agraz Commissioner
Antdoditcx)Capipteadc OZottaubocaborktm
Also present:
Mildred V. Higham City Recorder
Absent:
David C. Campbell Commissioner
Thereupon the following proceedings, among others, were
duly had and taken:
The City Commission was notified that the owners of real
property to be assessed for the improvements to be
constructed on 5600 West in accordance with the Notice of
Intention of the Salt Lake City, Salt Lake County, Curb and
Gutter Special Improvement District Extension 38-668, 38-668-
1 and 38-668-2 ("the Improvement District") consented to be
assessed in the amounts set out in the assessment rolls for
the Improvement District and said property owners had waived
their right to hearings before a Board of Equalization and
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Review. Under these circumstances, the Commission determined
that it is not necessary to convene a Board of Equalization
and Review, schedule hearings therefor, and give notice
thereof.
The City Commission took notice of the fact that it had
accepted the bid of the lowest responsible bidders for the
construction of the improvements in the Improvement District
and that construction contracts had been awarded prior to the
consideration of the assessment rolls and the assessment
ordinance.
Based on information furnished to it and action
previously taken the City Commission finds that each piece of
property within the Improvement District will be benefitted
in an amount no less then the assessment to be levied against
such property,and no piece of property listed on the
assessment rolls will bear more than its proportionate share
d ,
of the cost of the improvement.
The following ordinance was then presented to the City
Commission upon introduction by Commissioner
Jennings Phillips, Jr. who moved its adoption.
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Abbe 15A
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
ORDINANCE NO.ten Shana D. Conaty
AN ORDINANCE cool inning the a sse- and
levyinn a tax providing for the assessment of property t in the Salt
Lake City, Salt Lake County, Curb and Gutter Special
Improvement District Extension 38-668,tat ye-1 and 38-hit-,for
the nurW.e 01 paying the cast of Curti and gutter,street paving,
street lighting and landscaping,and oher miscellaneous work Beingfirst dulysworn,deposes and says that he is legal
to complete Bald Improvements in the p and P Y g
necessary
rkmanllke manner;pr iding for the addition to the rSall rLake
City Special Improvement Guaranty fund;and establishing the advertising clerk of the DESERET NEWS, a daily
effective date of this ordinance.
BE IT ORDAINED BY THE CITY COMMISSION OF SALT (except Sunday) newspaper printed in the English
LAKE CITY,nI.The LAKCity COUNTY,UTAH:aIanguage with general circulation in Utah, and
Section confirms t etassessment
s ePment col f r S Lake env.ll rah,
hereby utyCthe a s s err rolls for Salt Lake City.Salt
Exten ion 38 eel°38°6R-I and Special
Improvement
published in Salt Lake City, Salt Lake County, in the
equitable:that each piece of"propertassessments
with n Mesimprovement State of Utah.
District a will
be
he edit eft In an said amount not less than the
OpertyI and that no niece
pro;ocenateshar ofth the ecossmau'Chim improill vements. than its That the legal notice of which a copy is attached hereto
proportionate,hereof Co mast of sn of Lake Section a The o be Commission pn of Salt Lake pert,flesh,dyes
hereby lass a lax to rolls assessed upon the oval ent Did rict. bee
n the a sts shalltlbeleviied on'he a front tool basisrIn the`acmo amounts The
assessments
the a descent r bs a CO v f which is hereby IUD notice of Ordinance #124
rated by reference and made a part of this ordinance.The
• I>erty being assesSed Is within,the boundaries of the
improvement
• et Intention daunted be more Coml misson described in
band
day of May,1979.Said description Is Incorprratdd herein by this
ode The assessments hereby levled are for the put of
the Cast Of construct Ion o1 curb aid°utter,alpha It eaInn,"ai t led
median,street lighting,landscaping,excavation.grading and
the preparatien of the street to receive the said improvements,
and other miscellaneous work necessary to c mplete the
imp
rovements Ina proper and workmanlike manner.
Said assessments are hereby levied and assessed upon each
of the parcels of real property described in the assessment rolls.
The assessments arc levied to the extent the pronerties Ming
assessed a especially benelitted by the improvements to be
arstructed withinthe Improvement District.Said assessments
e levied at equal and uniform rates.
Tile total cost of the Improvements in the improvement
District Is 3691,325-00 includll la a ten percent(1CrV.)allowance for
nrn� a s and a Kneen r rut (lsniol auowan<g for la
was published in said newspaper on Sept. 21, 1979 id'naltL keur0,anded"estinsl'flyetthe°d00r°°dn�a�:ns��lib; ��
from application or the rate
of VITA,per front loot,tine amount
which is hereby assessed is S565,312.28 which total amount of
essessinent does not exceed in the aggregate the sum of la)the
total ontrocf price,for the Improvements d.r contract dul let
to the towost and best responsible bidder therefor, (b)the (—
reasonablecost of utility services. .labor, \ , `
equipment,ials.or it v'lc)11 -t i y' dl s
r:,.
overhead f not t i fife percent 05 1 of the sum ol(a),Ih)and() d l)a contingency1e
1 no:I t l.. 1 ( 1 D) d(-1.not1 exceed Legal Advertising Clem
Section TI assessment rolls prepared b The et
Treasurer
a urer are
he
confir d,refill,/and approved.The tax
based upon the assessment rolls is levied and assessed at equal
and uniform rates with the lull depth of each parcel of real \
property to be assessed within the Improve-tent the ant District. T,
ro Section A.The whole or any part of the assessments for said ore me this 28.tb, day of
Special Improvement District may be Paid without interest
within fifteen(15)days offer this ordinance becanes elective.
perio• pdart of shall the assessment payable
ayabl aver aa'raid perlad nathtio exceed ten(101een 5Y ors 9
from Me effective date of this ordinance In ten(10)substantially A.D. f 97y
equal annualinstallments with Interest on the unpaid balance of
the 1 at the rate !eight Percent(8%)Per annum from / j
the effective date I this ordinance t m l due.At such I e as
bonds d for Me Improvement District n an mount not
in excess f thef total f id ssessment balances, /�
the I t 1 which interest will rue o the a maid 6
balance I the t shall be modified to equal the average 1)
interest per f d bonds. Interest•hall bo pod n l
edit 1 M I f p h installment annually al the ����l I vvl ��1�1� ��/'''�yyy%
t h installment becomes d .All si fifteen(15)day 1 Notary yibllc
period,all paid installments of an assessment levied against
ria rlto thendatesre ty(whict h only Ibecormelnduev)buta a be such
cnt must incline a additional a unt a uai any
such
prepayment
which would accrue on the assessmentr to the next
ceding dale a which interest is parabl " special ecelr a°thetals or null tare herehr
succeeding
improvement bonds Issued in anticipation of the collection
the aplbahzed and direc ed to rake ex,
arelen`n n' and
assessments plus such additional amount as in the opinion of Mc
a nlaMa fo eltacluate the provlslrn rl this Ordhnndnary
City Treasurer,is necessary to assure the availability of money r".Section I.All ordinances or parts thereof In conflict with this
to can interest n the special Improvement bonds as interest ordinance are hereby repealed
becomes due and any premiums which may become payble red Sedirn 0.An errlergvncv is ant Lake City and the inhabitants
assessments thus paid in advance. thereof Screquiring. diately alive is adoption. This
Included n the Costs of Improvements for which assessment linbe r shall be i thetl by Immediately
a ba antl City Recorder antl
is herebymade Is an estimated amount far contingent expenses ohall Ix recorded i fhc ordinance book kept/Or neat rpDse.
ling en percent t (10%) of the construction costs S d ordinance shall he publish.Once In Inc Deseret News,a
equaling
established by"a unit price tract tar construction of the s published and having general circulation in Salt Lake
City,Utah,and hall take effect Immediately upon its passage
simprovements and Notice
facilities within the Improvement District as and aporova and publication as required by law.
acceptance
ine the a 6/11 of Intention_ Upon completion and PASSED AND APPROVED BY THE CITY q rict e o the he construction
within this Improvement or.SALT LAKE CITY,UTAH. COMMISSION
District the cosnal ts of the engineering,
legal.will M determined a dl us re �s Bth ear or SeE D L.WI SO
adminadditilstraticy expt enses,Jtotalling fifeen percent(15)od f the TED L.WMSON
construction costs.If the aggregate total of all construction costs ATTEST: Mayor
Plus administrative expenss is less Ihan the total amount of the MILDRED V.City Recorder
HIGHAM
assessments made hereunder, the surplus will be rebated (SEAL;
proportionatev a per front trot basis to the owners of the Bill 11a of 1979
proportionately ProPerty assessed.The rebate will be applied as a credit against PUBLISHED September 21,19)9
the time the surobsprsrdetermmenenl installment next duo aver (D-86)
Drlault In the p y
payment of a installment of principal o —
interest when due shall cause the whole of the unpaid principal
and whelp amount
to become duo and payable Immediately,and the
aw
tend'at te en Percent
'rate of t unpaid t(10%)per anrinCiPol lnu'm untioll'paid er r h but
al any time prior to the dale O1 sole Or foreclosure the owner may
atMe amount of all untie Id Installments Past due,with Interest
the I;ate of fan percent(10,1 per annum to dale of payment an
thereupon tin be restored"to and all approved
theeea thereafter
t anpayh in
installments in the same manner as if default had not caurred.
Section 5.The City Commission of Salt Lake City,Utah,
hereby supplements the special improvement guaranty fund of
Sall Lake City and shall al the lime of each annual appropriation
orinance,sohansl
Sall lake Cityl ong including the bonds of this Improvas any special improvmentlement strict District
rema;n
outstanding,provide for the levying of a tax of UP to one
mill in ar for,he Purpose of maintaining In said fund a
balance�of forty Percent(AO 0)of the total principal amount of ail
special Improvement district bonds then issued and outstanding.
The purpose of'surefund is to guaranty to the extent of such fund
the payment el special improvement bonds and interest thereon
ishiled against local improvement districts including this
Imnrovement Dlstrirt all in the manner and to the extent
Provided.by the laws at the Stale nl Utab