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39 of 1961 - Authorizing and directing the issuiance and sale of $25,000.00 of Special Improvement Bonds for Side May /8 ROLL CALL Salt Lake City,Utah, ,196 VOTING Aye Nay I move that the Ordinapee be, assed. Christensen . . y' / Harrison ' Romney . . • AN ORDINANCE Mr. Chairman . r Result . . '' 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, FOR SIDEWALK EXTENSION DISTRICT NO. 242; TO FINANCE THE COST OF IMPROVE- MENTS 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 Sidewalk Extension District No. 242, and the Ordinance of said City confirm- ing the assessment roll for such improvements having been duly adopted and approved on the 16th day of February, 1961 , 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 $32,597.09, of which the City's portion was $1,619.25, leaving an amount of $30,977.84 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 $30,977.84; 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 $4,396.10 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 Sidewalk Extension District No. 242 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 $25,000 Salt Lake City, Utah, Special Improvement Bonds of Sidewalk Extension District No. 242, said bonds to bear date of the 16th day of February, 1961, 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 1-2 5.00% $1,000 $1,000 2-16-62 3 5.00 500 500 2-16-62 4-5 5.00 i,000 1,000 2-16-63 6 5.00 500 500 2-16-63 7-8 5.00 1,000 1,000 2-16-64 9 5.00 500 500 2-i6-64 i0-11 5.00 1,000 1 ,000 2-16-65 12 5.00 500 500 2-16-65 39 -2- 13-14 5.00 1,000 1,000 2- 6-66 15 5.00 500 500 2- 6-66 16-17 5.00 1 ,000 1,000 2- 6-67 18 5.00 500 500 2- 6-67 19-20 5.00 1,000 1 ,000 2- 6-68 21 5.00 500 500 2- 6-68 22-23 5.00 1,000 1,000 2- 6-69 24 5.00 500 500 2- 6-69 25-26 5.00 1 ,000 1,000 2- 6-70 27 5.00 500 500 2- 6-70 28-29 5.00 1 ,000 1,000 2- 6-71 30 5.00 500 500 2- 6-71 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 SIDEWALK EXTENSION DISTRICT NO. 242 $500 $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 FIVE HUNDRED DOLLARS ($500.00) ONE THOUSAND DOLLARS ($1 ,000.00) on the 16th day of February, 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 February 16 in each year, beginning February 16, 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 Sidewalk Extension District No. 242 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 1953i agn�"` P8 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 main- tained. 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 39 -3- 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 February 16, 1961 . i Mayor City Auditor ATTEST: 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 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 Sidewalk Extension District No. 242 bonds, dated February 16, 1961, this coupon being payable exclusively from the funds described in said bond. City Auditor Bond No. 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 Sidewalk Extension District No. 242, 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 re- ceive 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. 39 -4- 242," and shall be used for the purpose of paying the principal and interest on special improvement district bonds of Salt Lake City Sidewalk Extension District No. 242 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 Sidewalk Extension District No. 242 from and after the 16th day of February, 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 the lien for general taxes. Section 6. That in response to request for bids for the bonds herein described (4). Q,4,.. bids were received as follows: Name of Bidder Interest Rate Premium J. A. Hogle & Company 5% $ 1,289.50 First Security Bank of Utah 5% 1,479.00 Continental Bank & Trust Co. 5% 1,565.00 Edward L. Burton & Company 5% 1 ,667.00 It is hereby determined that the offer of Edward L. Burton & Company to purchase said bonds at a price of par and accrued interest and a premium of $1,667.00 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 be placed in the special improvement guaranty fund account and main- tained 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 18th day of May i1961 . %. ATTEST: piew-kg. Mayor er (SEAL) BILL NO. 39 of 1961 3(t Published May 23, 1961 Affidavit of Publication STATE OF UTAH, as. County of Salt Lake D M Ockey 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 Salt Lake Uity Bill No. 39 of 1961. An Ordinance Authorizing and Directing the Issuance and Sale of Improvement Bonds for Sidewalk Ext. No. 242. was published in said newspaper onMay 23, 1961. 1/7/'.egal Advertising er Subscribed and sworn to before me this 29.th day of May A.D. 19...61. Notary Public My Commission Expires Nov_25,..19-61. 39 -- -• Attest (SEA E1RMAh.1.HOGE!YSEN,City Recorder ' Legal Notices .. __._ Legal.Notices Nn FORM OF COUPON �M- Utah II y t th.b t th fi' 1f the*Clft Tk Ctt, ' 'AN- ORDINANCE • sou L iidl Ut hfin 'AN ORDINANCE OP.SA T LAKE CITY,SALT LAKE COUNTY. Into lawful that d L U tt.6 S dt lk E t ID 11nD-faicl NY 242 UTAH A CHIMING..AND.DIRECTING THE ISSliANCE AN 1 borned dated Feb 16. 1961 thino being payable e' - SALE-OF IMPROVEMENT BONDS OF SALT LAKE CITY.UTAH, j - to from the funds described inold bond FOR SIDEWALK OST OF I1111PRXOOVEMENTS MADE DISTRICT,, DISTRICT FINANCE t SIDING FOR THE AMOUNT AND:THE.EXECUTION AND FORM k Bond No. CH Audit OF SAID BONDS FINDING AND DECLARING AN EMERGENCY THAT THIS ORDINANCE BECOME-EFFECTIVE IMMEDIATELY i Section t. Said bonds shall b d b theMaven AFTER ITS PASSAGE,APPROVAL'AND PUBLICATION tested by the City Recorder,and drawnN '- WHEREAS,the Board f Commissioners o Salt Lake City.Utah, Treasurer,and the annexed e0 t be aft sfA ld't - nt has her<tofine adopted n'ceedleaa for the nslr [Ion f Improve- ra1itye Cpty APdI'n'T an the Roared of Commisslopere does hgil?, m is s Scoma-m g theloa Dssmen Nro 242,and the a of I said nffi prov nd c tb'm the Kecutlon f said bonds by the Id City c fls'ming the assessment roll for such improvements ears, nd the City Treasurer s hereby thorlgeci to Issue having been duly adopted and emsroved on the loth day bruary, ansd dclrort the bonda to the Urchasers iher<o[,their agents o 1961,and s Fns. ecefpt at the nuechaae price therefor. r WHEREAS, .notice of c ssmen is to property owners in said Section 4. The Treasurer of Salt Lake City hall be, and he District has been published in accordance with they geald tints ieCbes a ucniier.ed ntl empowered,end it shall be his did, t of he laws f thenState f Utah and the ordinances es requirements said City, •and colictt sit a s eta levied to nay the of s_d nn o: mid notice f ant h b mailed b theCity of to t S'd lk rf tenainn Dlstrlet Nn. 242, n'' the I1 the , f 11 o t <d l --d District,and ties 1 t R fs th_- 1 d the Interest th e tl th p i. WHEREAS thetotal cost of the a protect 332.547.09,of which foregoing, thewhole le f the uding without aid ntrinctpt l ilily [ the h C-t s t 411825. lea 1 un, of$3977,84 and - of the fallu In h becom du as the rremaining front foot cast, I rich the Cthe porhon agaln.t, a t. Ifur £df_t 1 b t ny Install'.no alteredelotln4 hebCitv'enonctina.tbelga ass aaea against the abutting to receive 00s a h Dante.in ac pinta person] rw rer tine law ue, hilly pay ntitlecdi paelveuthe dance lthr lire']zws f the Slate of ra In the mdunt of 230.477.84i that during the fifteen Utah d all the oidinancet and resolutions of said oClty hcretofor`nave period owners the effective date of the ordinance levying a poi C1.p hereafter dented, Al] monies constituting the the'- E the oWne f private oronerty in said District have f a paid RIIER..0 theprincipal f their assessments and laced let f dad installmentsgt d B d Fond Salt {Y 00rlat 't '.c th 1 n f the Hoarfi [be t,s ssione d D movement D't t N, 242. that Special I n <m t R tls o! and City hall be Issued d used for lth S aols of Ina the principal and interest nape be sold for toe 11ou of paying for the Improvements in said Side- Imntavement dialrict bond' ooI Sl It Lake Clty Sidewalk Ex IensIm! walk District No.242 for Salt Lake City, Utah. District No. 242 end se n her p rDher y atsoever, end yaa NOW. THEREFORE, BE IT ORDAINED BY THE HOARD OF thsretnatfor be euffcient lenteysait said fund to pay ail ofgthe interest u COMMISSIONERS OF SALT LAKE CITY. UTAH' d 1}autos due at ate time. then the nrineldal and Section 1. There hall n issued 325.000 Salt Lake City. Utah, fonlerrst cityNa. lawfully available for that n said hoods to hear date. of he 16th day of February, 3961, said Section .5. That the assessments hods to mature without option of prior payment to boar interest, been and shall continue 411ioif interest thereon e timbered and In the denominations as 10110ws, o be ] th. 1 constitute assessed are hereby declared Bond Nurnberg Interest Rate. Amount Year reef of land d Sidewalk Extensions District N oral lot o a(All Inclusfvel IP¢r Annum) D<nmmnatmn Maturing Matw inY d a the 16th d (February,1881 the date which the 12 500'L 3LOn0 51,500 21f�-62 and levying 1 assessments became effective which lion 3 500 of 500 21FE2 hall be superior to the or fan•mortgage thervencumbrance-4.5 6.0h 1.000 1,000 2-1662 whether time r not, d.shall constitute such lien until 6 5.00 g00 g00 2-1f�E2 na1d,which shall ho equal to the lien for general axes. 7-R .OS 1.000 L500 2-16b4 Section 8. That in none to request foxy bids ore the bonds .5.00 500 600 -If•-64 herein described, four(4) bids w ]0-t] a.00 1,000 1,000 2-lf 68 Name 4 Bidder were received Rate Premium l2 n .-fin 00 Op 2-16,% J.A,Hogle 8r Company 5^e g1.289.5I 13-IM1 1.00 1,0M1 1,p00 2-Ifi.6fi First$ecurttY Bank f Vtah BF. 147900 1g 5.00 000 00 2-18fi6 of 5 00ntal Dank&Trust Co, ow t,565.00 16-17 5.00 1.too L000 2-16.60 Edward L.Burton 8e Company 57. 1,565.00 000 IS s.00 SOD 00 2-16.67 It to hereb.v determined that the offer f Edward L. Ruetuo Sr 19-20 5.00 1,000 1,000 216-6R Company purchase said bonds l e putt of Dar a d e ru d 21 .SOS .i00 000 IAA 22-22 500 L000 1,000 2-1669 i ee hag d a e i nl Ritted.00 i hereby Bete rnl toed to be 24 500 500 600 2-1669 the highest and beat bid submitted for the purchase f said bonds. 202a 5.00 1,too 1.too 2-16-70 and he sale n1 said bonds to Edward L. Burton k Company in 27 g Il0 0D 050 2 i6-Ill line with their bid therefor hereby ratifiedend confirmed and 2R 2B 00 1.,000 LOW 2-16-01 thebond hereby sold tosaid havers In accordance with. 10 S00 SOD 800 2-16-TI h t f theirbid therefor. The Citur Treasurer s hereby lo- ll() d t deliver said bonds to the chasers upon receipt of Bond orloctpal a. annual Interest shall be payable at the I therch thereof. officeof the City Treasurer of Salt Lake City, Utah. Sect Thzt z ape I fmprovemenf s a fund has Section 2. That said bends and thecoupons thereto attached b d •yide'd in nitre 8 C:11aDt¢r'lust 1'Itl< 10,Utah shall he In substantially the following f j Code Annotate.,190a,as amended Salt Lake Clty hereby ov vents UNITED STATES OF AMERICA I and agrees that t all times the life of the Tootl'to herein. STATE OF authorized until the payment thereof In full tat it will, a such COUNTY OF SALT LAKE extent asnecessary.In order to prevent default In the meet SALT LAKE CITY,UTAH f principal an erest an the bonds herein authmized rouse to SPECIAL IMPROVEMENT BOND to cease,orm1 Ry Inc guaranty ty fund r rpI nos such fax % all of the tenable pr Derf.Y In Salt Lake as Lion: but not in<,:cess of o mill each doll of assessed valuation: SIDEWALK EXTENSION DISTRICT NO.242 and that ha received eplaced atom said speia mprovement 51.0 guaranty -fund levy shallbe placed In the pedal Improvement g1.000 No. I guaranty fund ec er a d e tamed for the nu pones V53,cc -KNOW ALL MEN RY THESE PRESENTS- 1n Article 8. Chapter 7,Title Ili, U(ah Go de Annotated. 1962. e Thal Salt Lake City,in the County of Salt Lake,State of Utah. amended.'and for no ollter purpose. a Municipal corporation duly organised and existing,for value re- j Section 8. That an emergency is hereby declares. the herve hereby Promises,out.of funds available for the purpose, a 'alien of n e ealth,and safety of Salt Lake City preset.e einafter set forth to to bearer the of ' I Inhabitants thereof o requiring,that Immediately after its and FIVE HUNDRED DOLLARGm hisdlnance shell be geed ny the Mevor Clty Recorder I3500.00) end shall 7 recorded 'the dinance.book kept for that Du=. ONE THOUSAND DOLLARS and ea`aidaoprdinance shallnb published,in the Deseret News.Telegram, SL000.00/ news... of general circulation 1 Salt Lake City.. Utah, and th l6ih d f Febl uary. 10 1 fur ev of the this ordinance sha ak effectimmediatelyupon It passage and e"'l d '' pubs flop e l d by to five t d $tee f Am.rice. with - 1 th of the rsim 1, ADOPTED AYD APPROVEP'ih' tBR day f May 186L 1 e - L 5. payable11 like AtleuL t BRAI'i[EN LEE Mevor on February 10 1 o b February cou 1962,hereto to HERMAN.i.HOGENSFN.City Recorder attached presentation d d. f theinterest Oat the hereto fSEALI tt h d both principal d Interest being payable eat the attire I thetCityhis Treasurer. Salt Lake City. Utah. I event t rate BILL No 89 or 1861 t ehl. b d When d shall d- Interest at the rate of PunllsheE Mav Y2.1Bfii (A.801 eight n opt(8-%1 Per until paid. tax Tllev,ed ,s is dr tiine 0,500etve Inleludedaalii eSldewalk tExlension� mlentescootfrZttedllnasald0disariet o Vexlellslon`.rodeo.byl Itnlueyof a d i 1 Lull nformitc roan Ike Constltutton d Laws f the State of Utah, zed alsn a danancesrd hereof. 00ly passed and m le a lase thereof mim ran the issuance het nor. A Aerial impr'^vemeel guarantee tund has been aced by s id Clly ns rinulaed In Article 6,Chanter S,Title i0,Utah Code Annotnle a 1ISO,ae amended,'And said City agreee that at all times funds the life M this bond and until payment'hereof In lull, aid fund shall be at all times maintained.This bond Is payable ment guarantee not at said special tax.and the said special improvement olden h'r fund.and neither said City n any officers thereof Is holden for the payment thereof certified. resit ltaslm hereby cessenti.recited and declared that all acts. haorpenetl and have l,een'Itlbbehe aridity of thin bond mast.ha�e it d 1>v taw. and that the tat Issue a bondrn et Ids City fn" aid n tension or District.including this bond,does of d the staxe.s levied t cove,the cn 1 1 said improvement.and that on ¢f sale. taxes have been'lawfully levied.. IN WITNESS WHEREOF. Salt Lake City,a Utah, has caused this bond to be signed by Its Mayor, and Rested by Its City Recnrdm•antl drawnabv its City Auil tar on its Treasurer. nd the and P < Haar the.ed Pe o eiv 16.e 1 aatd city Auai- Ld��.rand tit is obonA to b< deic.1 BRACKEN LEE6Moray I.OUl6 5.HOLLEY,City Auditor 39