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57 of 1980 - Confirming the assessment rolls and levying a tax for the assessment of property in Curb and Gutter ORDINANCE 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 38-576 for the purpose of paying the cost of curb and gutter, driveways and other miscellaneous work necessary to complete said improvements in the proper and workmanlike manner; and establishing the effective date of this ordinance. He it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The City Council of Salt Lake City, Utah, hereby confirms the assessment rolls for Salt Lake City, Salt Lake County Curb and Gutter Special Improvement District Extension 38-576 (the "Improvement District") and hereby finds that the assessments are just and equitable; that each piece of property within the Improvement District will be henefitted 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 hear more than its proportionate share of the cost of such improvements. SECTION 2. The City Council 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 particularly described in the Notice of Intention adopted by the City Commission on the 3rd day of August 1977. Said description is incorporated herein by this reference. The assessments hereby levied are for the purpose of paving the cost of construction of curb and gutter, driveways, and miscellaneous work necessary to complete the improvements in a proper and workmanlike manner. Said assessments are hereby levied and assessed upon each of the 5'7 parcels of real property described in the assessment rolls. The assessments are levied to the extent the properties being assessed are especially henefitted by the improvements constructed within the Improvement District. Said assessments are levied at equal and uniform rates. The tax hereby levied and assessed is in the total sum of $56,719.80 and consists of $39,979.50 or $12.32 per linear or front foot of abutting property for constructing 3,245.09 feet of curb and gutter and miscellaneous; $5,822.88 or $6.72 per linear or front foot of abutting property for constructing 866.50 feet of miscellaneous and $10,917.42 for constructing private driveways. The amount of the tax hereby levied and assessed does not exceed the total cost of the improvements in said special improvement district, including interest on interim warrants and a 10% allowance for administrative costs. SECTION 3. The assessment rolls prepared by the City Treasurer are hereby confirmed, ratified and approved. The 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 seven percent (7%) 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 -2- 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. 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 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 6. All ordinances or parts thereof in conflict with this ordinance are hereby repealed. SECTION 7. 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 he -3- )7 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 COUNCIL OF SALT LAKE CITY, UTAH, this 3rd day of June , 1980 . CHAIRMAN ATTEST: .. CITY RECORDE7 Transmitted to Mayor on June 3, 1980 Mayor's Action s MAYOR ATTEST: 2,12ca .72 ITY RECORDER /( (SEAL) BILL NO. 57 of 1980 published June 11, 1980 (Certified copy of ordinance sent to City Treasurer's Office June 11, 1980) —4— Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake Shana D. Conaty O k D I Nr4N('E AN OIx01 NANCE confirminh the assessment roll; and r In virtu a tax providing ter the assessment eof property in the Imlmovemenrke l District Lakelt lExtension 3?,516 fo Cul r the purnd ppoor Special se of pay n the east of curb and niftier,driveways and other micelle Being first duly sworn,deposes and says that he is legal n k necessary to complete s malts ill mn advertising clerk of the DESERET NEWS, a daily 'oath, and workmanlike mane r.,and establishing the erfac iw�dathor aismnmanre. (except Sunday) newspaper printed in the English De d ordained by me City (ouedil of Sall 1 eke Cry,it.Utah, hrrrD C I S its tneeassessment rollsurted toraIall Lake rCity,,Sati language with general circulation in Utah, and n county Curti and Gutter Special Improvement District hit n,e-5,6 (the "nrravement Distrt') and here, published in Salt Lake City, Salt Lake County, in the finds that the assessments r Iosr and equitable;that �T of p whin the Improvement District ;Ilabo State of Utah. MnnfibM i unt nor Ir s Than Inca eel'e be vied a e said fin t roll:and that n s of yr ono,Ir q i ro o v e r mind on the assessment rolls wm bear morn than as mono, toOweofthocostofsuchimprovements. That the legal notice of which a copyis attached hereto °SECTION 2 The City Council of salt Lake City,Utah,does hereby le a lax to be assessed u b me real property do-scribed in v the assessment rolls roc the Improvement District, ea assessments shall be levied'on atoot basis In the ssr set front amounts set lore,in the eel assessment roue,a copy or white is - o,dlwY incorporated Tflse by reinreasa aea made l pail of into Pub �o1.G.E..pl...dx1..Qxd],Stdri.G.B..,GRA .I.:t .ilig he..ass eSs— ordinance me prvperly being assessedwithin the cunda of d in i oisrI it Intention adopted Cdy tics o s Is morn g described inrn th Ned d 1 Ine n s, do r tl by the Clio • cum in,nrcoidea herein cvdths yeieAeons, n N'r11191z sad deccPnnon i; IREA .,x'.O�.J.S.,&..1.eYYa.iz a..t,aX The assessments fiercer levied are for the purpose of nay • g the coal°I construction of curb and gutter,driveways,and miscellaneons work necessary Inc lrrr ma Imnrovemanis In and workmanlike manneh.c a Said ca entrs.are hereby levied and assessed upon each of these gets of ral property,descrllxld in the asses, enf rolls.Cl,,'assessments are levied to the mite,'thnl+I'oc. cat• s constructed within the eImvrpv n'n0l District.the(Said,s Thearc levied of coital and uniform rates. tax hr.ebv levied and assessed is the total; of m sit',Miteabutting property 139,U77.50vhtdir32 a,per 2k5.S9 font el front ro n that • gutter and eelthe o,tn.¶5,800-05 el 56.14 per linear or front trot of abutting mscrlleneoes property for constructing g,n SEA.511 Ines of and slastl< for cgnsrrnchnp mivam drive. was published in said newspaper on ,.,,.. aavihe amomn ot the tax hereby levied and assessed does not exceed the total;cost of the Improvemmd in said special a'OVmeel district,Including interest o interim warrants and llowancc for adminlsrrative cAsis. SFrer a r II d h eft The lCity Treasurer hereby tl, s is ratified d n p .d. he lax t assessment ells elevied d :. d equal and 1 - with ihl rid I fin ear � ._, U\��_�(�� />\.��� .i�-�' nr 1 1 he do i 1 sr=cnDN fib. ^1. 1 1 m. 1 i r Legal AdvertisingCl k t Distract may be without r _ i thtfl (IS)d- fir h1.ordinancebecomes t tthe An I f h f I I paid will,such fifteen I d gaol'be d t r en toe ,O,r s from the effective dale of n,ordinances Ion the unpaid balance oil thevsessmentot the with aft efven el me this 18th day of percent09s1 P m from the effective dale`of this oral • until due'At°such lime as bonds a e(salted for the Improvement District in an amount not in excess of the aggre- wn:cn°ntereatwrit`ae onnem.unpaiidebalanceoimo;ssess- A.D. 19 80 assess- ment shall be modified accrue ooegaal the a interest • of said bonds Interest..shall he d ie w addition to th r an e he oubl of each such installment annually al the time peen installment b doe After said fifteen(S)d oft all d installments f an their ty) b.d r any piO, ot oe i (but paid ono,to the I h u they become d bid any such prepay meet most PnC.LICIO an addlinnal amount equal to theinterest h x` h h WoUle accrue or.the t lo the next succerdi, ( hods onate which In anticipation of the collection of Ili e on any snefoni Unproven,. Notary Public urn additional a unl a n the art.,aof atho iiv- vn 10.t the availability of hey Inar tnleaesl on Ihn special�i eel bends a estate:4 becomes dui and a nnwhich may become vable n mleelnable M°dsywh eh Im y he called in ortlei ulilice the assessments thus°aid in advance. Default in then of a installment of es'when dues tall cause theunpaid r whole of the u aid`n nail and interest in become due and naYable immediately,and me whole amount of ih, t airl principal shall mcreattel cite interest at.the r of ten percent(101k)p omit raid,but al any time n,In the date of sale Or foreclosure men pay ine nn1 of all unpaid Installments past due.with entered al the era.of ten percent(Irk/Per anlum o dale of o rn this delinquent Instatlmenls,and an • ov,te eosin and.shall lmecuron be('sabred to mtheanner as it thereafter l installments in the.same manner as d SECTION pad not occurred. SECTION 5. The odirects at Salt Lake City.Utah.a and an aulrliate and uaetthe to lake all sior necessary and SICOI N to ordinances to the nrovlslot of this of inn SECTION 6. All ohereby re ar'Is thereof in conllirf with UC ION). n are eorehv repealed. here SUCTION tea 1.he lth',Tel ets of declared,akeC the n d the inhabClf, °,health end tog Immediately of Salt Lake.tery and me itants dinanf so r irinieftbyte alter yytor or ann adOp Recorder and shallnhtIi•rcnrb7tar 11Inn the e,dlnanre hookak etc for that r and rrdinanne.shall nu nuhli5hed once In the Deseret Mesas, a eubu e shod and haul,general c elation n Sd:in Lake City, Ulah, and snail lake effect nediately 11,11 its pas5aue.and approval and pub kali,as en'rid by law. PASSED AND AP,ROvro ha, H yE CITY COUNcll OF NAL.,l AKE(:.1Y.UTAH,'hi,drd day of ll e,I9PA RONAI� J WHIAF.HEA ArrESI: CHAIRMAN MIL DRFD V.HICHAM CI I RECORDER Tran.Initmd to MaYor on JIIns 1,19ef1 Mayor's Act Ion TED L..WII.YORSON MA A'l I'L-S'r: MILDRED V.kIIC.HAM • o rY REconol o t01) pill i.D.slof loot nib island June 1I,:ON, A-In ' 1 1