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21 of 1960 - Authorizing the issuance and sale of $90,000.00 of Special Improvement Bonds for Curb and Gutter Ext ORDINANCE NO. 21 of 1960 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, 220; 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 here- tofore adopted proceedings for the construction of improvements in Curb and Gutter District No. 220, and the Ordinance of said City confirming the assessment roll for such improvements having been duly adopted and approved on the 19th day of November, 1959, and WHEREAS, 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 $ 155,089.00 of which the City's portion was $ 32,724.72 , leaving an amount of $ 122,364.28 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 $ 122,364.28 ; 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 $ 31,004.43 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 District No. 220 for Salt Lake City, Utah, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH: -1- 9 Section 1. There shall be issued $90,000 Salt Lake City, Utah, Special Improvement Bonds of Curb and Gutter District No. 220, said bonds to bear date of the 9th day of December, 1959, said bonds to mature without 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 1-9 5.00%n $1,000 $9,000 1960 10-18 5.00 1,000 9,000 1961 19-27 5.00 1,000 9,000 1962 28-36 5.00 1,000 9,000 1963 37-45 5.00 1,000 9,000 1964 46-54 5.00 1,000 9,000 1965 55-63 5.00 1,000 9,000 1966 64-72 5.00 1,000 9,000 1967 73-81 5.00 ci,000 9,000 1968 82-90 5.00 1,000 9,000 1969 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. 220 $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 9th day of December, 19 60 in lawful money of the United States of America, with interest theron at the rate of five per cent (5%) per annum, payable annually in like money on December ninth in each year, beginning December 9, 1960, 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. -2- • This bond is drawn upon the City Treasurer against the special tax levied upon the property included in Curb and Gutter Extension No. 220 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 pro- vided 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, 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 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 December 9, 1959. /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 ninth day of December, 19 60 , 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 yearts interest due on that date on its Curb and Gutter Extension No. 220 bond, dated December 9, 1959, this coupon being payable exclusively from the funds described in said bond. /S/ Louis E. Holley City Auditor Bond No. -3- 2 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. 220, 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. 220," 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. 220 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 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. 220 21- from and after the 9th day of December, 1959, 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 the lien for general taxes. Section 6, That in response to request for bias for the bonds herein described Five bide were received as follows: Name of Bidder Interest Rate Premium Coughlin f! Company, 5% $ 1,818.00 J. A. Bogle & Company, 5% $ 1,691.00 Continental Bank & Trust Co. 5% $ 3,258.90 First Security Bank of Utah, 5% $ 2,640.60 Edward L. Burton & Company, 5% $ 3,470.50 -5- It is hereby determined that the offer of and associates to purchase said bonds at a price of par and accrued interest and a premium of $ is hereby determined to be the highest and best bid submitted for the purchase of said bonds, and the sale of said bonds to 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 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, 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. -6- 21 ADOPTED AND APPROVED this 2nd day of February , 1960. C- (7 Mayor ATTEST: .,.. (sE,,,,,,,,,, BIL4-11c44.3 21 of 1960 1 1 ,:.:::".-j R Pubc1.4stielrl February 6th, 106' H P.: r ,,,•., a •4 ' ; ....1 8 '';'..• r. 2i- . R. 103 50 1.59 Q.P. A1 f - ROLL CALL ! Salt Lake City,Utah, February 2d, 196 0 VOTING Aye Nay I move that the Ordinance be passed. Christensen . . ___/ Geurts V 2 / i % / Romney Y/ / Mayor Mr.Chairman . 1` ,..."--,, ,d Result- -------- --- —I Al Legal Notices M of ORDINANCE NO.21OE 101i0Affdavit Publication „ORDINANCE INA[�CE OF SALT ■1�1■ LAKF:CI'A' :'SALT LANE COUN- TY.UTAH AV CHOHILING AND D1HEC'1'INIi T'1{E I.SS VANCE AND SALE O}'IMPRUVEMENT BONDti OE' SALT LAKE CITY. UTAH, CUIIB AND GU2'TER DIS1'IZIC7' NO.220�Tp FINANCE THE COST SA IMISISTRICNTS MADE IN SAID. DISTRICT, PAND TNG FOR THE AMOUNT AND THE SS.SAID ONUS AND FORM C- C I A BONDS;FINDING AND DI: C I.A RING g. W ERGENCY THAT' PHIS ORDINANCE BE. COME iE5 ITIVE SSAGDIA'LE- LY AFTER ITS PASSAGE, AP� t YRVAL�ANll PUBLIA'f1O N L Ate' Pokey 1n VVHI.RLIAS,the Bo:iid or Cron, ha:. t l f S Il adopt. t 11 t 20°I I li `o-I Being first duly sworn, deposes and says that he is legal advertising I ,I °e! clerk of the DESERET NE\fVS AND SALT LAKE TELE- t Il r I 1. I b e N n e fa A.end°loll a tDF GRAM, a daily except Sunday) newspaper printed in the Eng- wi+lREAs r�s t e�ia Dil, fish language with general circulation in Utah, and published in ante ha_s the reouiehT nt aD.d- m me ete of Utah a ar me Salt Lake City, Sall Lake County, in the State of Utah, lafvs an the Slate P City. and the LrcFitlancca nI,sa'd CI[,v.iliiti i ice of avee;sment has been 1nalled b the "� Trooe�e t°all the That the legal notice of which a copy is attached hereto I II t cd hl 'WHEREAS n a tat I t of fire sl 50(505 I nleh �1% A�sPc 0i ty 1Jrdi.no-,nce No, 2,,1 0f 1.9600 I_ Ine t t ;Mz2Jea 8 tlhC n th C-t I i t - ti the beI � I It 1. t N os t, e , urdinnneel authori ling and d:ir•rri,'I_ng �L bciciH F tl a i 11 -I nl: - ......_ T ) ,,t , IIt Ft�22Ifi9�2F tI't d4he the I:is-wince and -,5 e: ()fir Ihlpr()ge� )t_:nU i)ids A oat[I Hoance ictivc e:at- ti t for li- D�( cI i m hs21 a0a stl �„ CA+'ll `.end Cui:t T Lei et, iso 220 th principal'of their a cafe. a„a D ese m WHEREuc�lAS. 'I iv the a of nlDa the An oC Gonnln�slDnars that anecial ImDrovem mil Rnntls .I fo�dtkirty°hall be Issuotl nnU>11 n NOW THpIIUEU 220 19 ORt T February. 6 ,1.;/()��a L I.a C U!I RI•:.REI b Sal was published to said newspaper on_ __—_..__—__ G tt I p . t Nov t C DAINED O TIIL ROAHD OF COMMI.5SION'Elt$ OF S A L'T L 9e; ITY�TIIUee el all be(coed 400.000 Sail L,hm City.Otuh,Sno- and Gutter er ItiotltctR PO],s 220,Cni�rj'l OO , IS of the m �aY oI Decc�nitcr.1,06A,v'a d Mnds In ��.� apayment.aii ;�n he denonioatos ' A Legal Advertising Clete'"- - 93 iIJ 5.0gs;S1.o00 S9,Of10 I040 IA-2] S.i1U t�t1p0? ,050,00 t9fi2 A,:16 5.00 I,050 5 1Ad:i��as on I obn n huo 1 I a S5 M Ih01 9t0C 19 82 00 sal ono oan lA h ��� el oob A;oo i$R Ito before me this clay of 5.0 1000 A UCfI 19GA B tl l i 1 �{ t�L t rIl fb t Toe:Ht./co o lhl Salt (5O a $aft A.D. 19 C'nv Uf I lace .t' 2 That I b d b uL lant�allV mo folluwlii�y U0!I'TC1s TS r,„..,:$ pi, ASIRD ICA A t5OUSN(ACKE SAE/TAKE; I T LAKC('1T Y.V 1 Afl SF;('IAL 1MPS<OVEMI:N'r BOND CLRe AND XN GUTTER PXTENSION -- xl oGo ND'220 Notary Public OW Ati ML'N BY IHESF.PRESENTS; o,'hal'f.�lt Lnl le`al Cilc,Dual ae` U 1 fu Itl L 1- St t ,Il dlty IPhd>,, � t i IL bl hcat'e�'i16elt 1lf of'fl,to pay for l a I ---ONE THOUSAND DOLLARS fsi.000 am n the 9th day of December.1950 S lawfe1 on,v ofµ the United tales f America, ith interest bcrcol, 'rl the rate of ilre .,. .•n1 lly 1 v;ci'Ie tiannually r ninthin hcacliry .beginning Dee ores- cember 4• op d 190 d 11the in- hide, n y hereto tt 1 5 That It assessments a,ndeC t of h h. 1 tl r 1 oInterest bheel, payablet theoffice f the lt,. and sell t t constitute S Lake nCity. Utah. and a t oebv declared to be In event of failure to ,a, this1lc eat as- ] tlue it.shall Pas In- e.otlnagainst.h rr lntotont ino' iere�sl at the r of eight c cent sisland N ade Curb and rG aCtOr N II I. llisb'�h Y 2I0 t d ft 11 U d 1' , Lh the Itod t Dc U le 9. t T c ".th. t , the eroperty in.. I vidat twhich theord assessments inance ilydt'd in Curb andlav lowed mom °otter botch- effective, which lie, shalt No,220 said City.t men t thelienf Y ll .t e 5 1 1 n i� mortgage other encumbrance, whet t' t tension,11• ttIIconformityb lvirtuht f ltbt' shall h constitute tied b 1 dlien n en the and , w 0t C 6t-to of Pen eel. a.ne-1 taxea `li.h.a.d r.l,s,t laloances of said Section 6. That not-e to v dully passed and made , hoest for bids in rthe bonds thereof prior M the issuance herein described Five bids were h.'.f 'law received as follows ame of h t ` t.Af ,tl 1l t' rt tI U -�i'd Bidder RileP' Cl. as i21C -n A t I A. d ehi S Co. 53 818.00 CI I t t t, 1't'c 10. LL h C do A.Hanle&Cn 5 Si 91.00 Annagrees otated' I.1r all timesd during City e ConlmcnOo.Bark& Trust Co. a'. 49,258.90 b'fret Sa:urft''hank nail ic ithereois f in,full said fund _Utah o �42,G40.60 shall be.t all tones rat tamed. Edward 1._Ration - 'nol bond of isleb1al S excluax dstvtile &Co:n-c,' .Sll 23,4'1,511 ll b. i .d I 1. a 1 F' the of f Ll I L. . f i t I IF f 111 I C li t h' bonds e -thr`v there I i wise I heedame 1 d of war and acinurd premium u d 3,470 h50 e Ii is hereby certified. cited hest tl b.t bid b It d - nd declared that all arts,co,di- the p rehaan of said bonds. and tioas alid. .v If things thi land osscolxialst la l the the 'al F d bonds t Edward vit Coinoans hi line 1 harming,aim C ve n done I with l Burton bid therefor hereby cuatru trine, I d that 11 total I- bonds cr ratified and b confirmed Id t :d he issue t l 1 fiodic, C f in l saiIthllciension or l d l n.Dcr ttl 1.exceed multi, f terms its f theiris here bid by t-tl' Thed d th'lawfully tc all nl to del lid bond Si the our- chasers N,Iiit t' 'I be 1 [ ver levied. 1 WITNESS WHEREOF', Sall p wai price t guaranty f Wild h l been lake City. Utah bn t L' h s d as . d this DuId.t eat aed bIneit C .b dtc contra r x c T d d 30 DAtr cCr o d Annotated, e,as amended Sal t iitor ,rnrb y ta rota lAcudainrexetO Lake Ct her covenants'and agrees that at alllnesut he coupons't bear the facsimile sl- t the boos herein authorial the payment therea ill full i[will,Io such extent ass legal Notices i:;�oine'pneeo,ter nt nio nrnci,l —. _ -. _ __. anihinteakt oieth ,,,,ia atop, ,atlUC eF Id City A t. a,d 11 0 ty fund th s hood 4 00 dated U . h r 9. h 1 )� I 19SN t 1 J.BRACKEN LEI i 1000 lt ofG 1 Ptah,tut not in ex in cess H R h dollar l f l LOWS E.HOLLLEf ar seed ]nation: d that APTEs'1' tour received fro d - _'`., ILERb1AN J. Mali NEEN Improvementguaranty - (SEAL) v famder l b placed in thefund li movement iguaranty fund account F f C and d' t in Article t1 Chapter uoso, No n the north d t December. Title 10 oo ! Cods A t t d. I9 Shae"J.akc titr Ul'1 v01 195.3. ended. and for no per to th U tl 't f other the CII, al L 1 Lit Is She h 8. actt21 th l,lijl,ius4h I' la [I nc lion of thepeace�h 1 h d aat- [41 I, I.,,—,, 1- - t o t, f Salt 11 City d ti SI 1 , Lit-coot 1 bca t.thereof i1 f. that date i1 Garb 1 O tl.' , 1 It.l ,ter it, 1 ti this 1 t N LLU b I 1 nd divas b b d b tie. 1n. .bohl9 xer ive fromthe Mahe dC R tl.' d'h II be t c d d tt d b I; ''ads cle l d r drl 1 d. (cent f that purpose d -d (sl LUU[5 ls.l ity Auditor Des,edinanct 'hall ben Ul,Te eg the .,> a news News oS a ltn Lai:n Telegram', Bnncl Ne ` I -on Seciro, 3 I b 11 U. Sia Lake rdinance,hall USff ect l this i deli t RN dd r el t o d an. b u A re- • r. I h I u H b dl v n,bll t b - jl 't t t nI ADOPTED AND APPROVED I C to A d Ih D- ,t this 2 d f Eel- 39No. f Ctom a h Is T,13n.V: isi LLE ratify.exceulo f bond,confirm b the I ATTEST- Mayor Id ffi d the C tY L HERMAN J. HOGENSEN hoer d dotty,hereby btl„ri to the t, SLAL1 Chv Recorder -vor BILL NO.21 f I9Nd pur- chasers thereof their t'1 or Published Febanlal,v lith, 19d0 si ens rand of he pure haso _ II-94) t,rsection e c ion 4.T —Album'.Tn r n+m .ilon 4.The Treasurer of.Snit I,alce City vlrull br, and Z. a and li H tan lred It nMit, ire. cllre and collect all: rnnLa levied in :.the cost ofs�said'm- o tali Curb a d sGutter llrov rt No. 220, and the ohm,' installments thereof nu the n- ietest thereon.and the n af ds,It icr accrued, including without ipid- the hl Ve.tf ahhd rkoil payable immediately,comes ly hieeai,sc of thenf:Idlu0'v lu rlav a'. rn l:dlmcnl�whcihcr of rprtihei y and lcichei>e such due, �e le lot lhF nr n0'sllte inw(unr cutucd War.ui sire bins if Ilie Imes anofalsoll and all the en-Incomes and coY,o be re said ado heretofore es be constituting adopted. All tit oln sl,luti,tE n �nl of s:, nalll ila4li llnlentscoE�:u c smenLi sliall I,c placed rn ica rule fund be dc.s,eLilad 'Bdntl �I,nn,l of Salt I.ako Cdr Snnctal Improve ant Dd>if No.Veil."'and ahall bob the nr,0boI el larrdot noes brit,r s 1 I ln-.FlF�, -o w t ctt nOdt 011'e D£Hilt/Nl:c(_0v Curb and Tuber ralriet Noh,le0 mid for t,o',boo ' ur l• ic,srll lvilned.ruSkoutd'thole csol be s0llldirlit 10 c In weld fund 10 t i,t1 of Chetatleceel alyd 1 teleslirltlallYL'-een,llne nit aa`ldole _hum. ,r trot.l�.r,+v 1funos of j the-Ciise_lawfully available for that C.i