80 of 1979 - Levying a tax for the assessment of property in North Point Special Improvement District, Water Main ORDINANCE NO. 80
AN ORDINANCE confirming the assessment rolls and levying
a tax providing for the assessment of property in the
Salt Lake City, Salt Lake County, North Point Special
Improvement District, Watermain Extension 35-4012 for
the purpose of paying the cost of constructing a
watermain to provide a supplemental water supply to the
properties within the said district to be assessed, 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, North Point Special Improvement
District, Watermain Extension 35-4012 (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 upon an
area 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 22nd day of March, 1979
and subsequently amended on the 10th day of April, 1979.
Said description is incorporated herein by this reference.
-3-
80
The assessments hereby levied are for the purpose of
paying the cost of constructing a watermain consisting of
approximately 7,360 feet of 36-inch water pipe, 26,840 feet
of 24-inch water pipe, and 7,512 feet of 20-inch water pipe
together with valves, other appurtenances, and other
miscellaneous work necessary to complete the improvements in
a property 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 $2,224,821.33 including a ten percent (10%)
allowance for contingencies and a fifteen percent (15%)
allowance for administrative costs. The amount which is
hereby assessed is $2,224,821.33 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); (e) a
contingency factor not to exceed ten percent (10%) of the sum
of a (a), (b) and (c). The total assessment for the
Improvement District is levied at the rate of $1,273.45 per
acre.
Section 3. The assessment rolls prepared by the City
Treasurer are hereby confirmed, ratified and approved. The
-4-
MJ
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) days priod 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
-5-
80
bonds which may be called in order to utilize the assessments
thus paid in advance.
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 acre 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.
-6-
80
Section 5. The City Commission of Salt Lake City,
Utah, hereby supplements the special improvement guaranty
fund of 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 oustanding, 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.
-7-
80
PASSED AND APPROVED BY THE CITY COMMISSION OF SALT LAKE
CITY, UTAH, this 7th day of June, 1979.
//,,2L
Mayor
ATTEST:
City Recorder
(S E A L) I
BILL NO. 80 of 1979
Published June 9, 1979
(Certified copy sent to Treasurer's Office 6-7-79)
-8-
80
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
CC ,tii'oROINANce ge Shl-na D, Cnnc�Ly
levying a tax ORDINANCE
Confirming r th ssment of property rolls
Salt
Lake a ni3rth 2epluefvement
DstrcCt,WaterminExteson 5-401 for the purpose paving
th cost of cbnstr ln tIng a water to provide a'suppleental
water:wooly to Me Oro.rrles within Me said district to be Being first duly sworn,deposes and says that he is legal
assessed,and other miscall/moo.work necessary to wrote.
said i pm entente Me props and workmanlike advertisingclerk of the DESERET NEWS, a daily
icing for the addition to the Salt Lake City nSpecial
providing
Guaranty and establishing the effective date (except Sunday) newspaper in the English
olthisordinnce P Yprintedg
BE IT ORDAINED BY THE CITY eommosSIDN OF SALT
LAKE CITY,SALT LAKE COUNTY,UTAH:. language with general circulation in Utah, and
hereby rwnfir snrheiasse Commission'
rolt of a or°half Lake City,sat published in Salt Lake City, Salt Lake County, in the
Lake County, North Point Special Improvement District,
hereby finds as that the as.ssments are lusand egquitalble That
State of Utah.
each piece of property within.the improvement District will be
enefited in an amount not less than the assessment to be levied
against said prooertv;and that no piece df property listed tithe That the legal notice of which a copyis attached hereto
¢t rclls wit bear more Map its proportionate share of g"
the Lost 2.T n'ity Comma
Section a The obe Commission of Saltr Lakelproperty
nor Utah,does
in the lasso me tbellss for ironthe oval,ent»Dis desrictrlThe
assessments the a es r evi fur na area heement a emoun Th PLiD n0 trice of un Ordi.nFinCE CCSI'.s:E 7.x::linLJ 'trio
dial{be snlevied upon e a areaheels fIn the is her set
by
nhin the ys sment rolls,m COP, of which Is hereby
incorporated being reference sed end wit apart of ou Ordinance.of The
` tie being assessed b within Ise boundaries w the assessment rolls and levying a tax
yr t tieiridallas is mot¢i rtcrtnmisslono th 22nd
day of birch,19on and sus by subsequently
amended Comma onith on Me y of
day 1,March,old9,anc subsequent in e on their hday i s
refer 1919. Sold description is incorporated herein by this
releThe assessments hereby levied are for the purpose of paying
the cost of constructing a watermaln consisting Of approximately
1,36P feet of 36-Inch water plea,26,040 feet of 24.inch water plea,
and 1,512 feet of 20-inch water pipe together with valves,other
caopmprleeena
nthen Impprrovements Ineall anroperwbrdk wo kmanlike
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 benefited by the improvements to be
constructed within the Improvement District.Said asseasment0
are lead at equal and politic rated. use 9 7 79
The total cost f the improvements In the Improvement was published in said newspaper on J v -�
District is S2,224,1121.33 a tilting a ten percent(1 a3l°)allowance
(or contin fine c and h famou pe hint is her allowance for
S2,24,621.33,ve which
pia a unl assessmentcas doe a see Is
In the.aggregate
which sum amount oftotal does n�for the
In o stu the of c the total the ot price f the
improvements ebi enderre contract duly let to he lowest of best 'I / t` fj
e intent maintenance,
lb (b)Me reasonable cost fautility .2 S \, I -
fj ur services,property
price,
ce,fang materials,a costs not o if Y' 1 Q T /.r * ( J u', i ,<Cr, .
p`. !1 the er ce t price,if any;ld)overhead costs not toe exceed
contingency der 1 ens aI f the la),f10 )o tcl.O Legal Adventism (lezlc
ao B„gnca ldac)not of
ootal exceed rn t(I roe m ro d I tr+ g
D(tea t is and(c) The total assessment for IM Improvement
ielS District is testa at the rate of f1 ls Per acre. 1
Section 3. The assessment rolls prepared by the sty
Treasurer are hereby confirmed,ratified end
nd approved,The lax 1��17
basetl the assessment rolls Is levied and assessed at equal
and uniform
rm rates with the fug depth of each el of real "e me this day of
property to be assessed within the Improvement District.
Sp Section e,The whole or any part of the assessments for sold
within lfifimprovement
p(15)daysaker this may
beos without effective. 9
An part of the assessment not paid within such fifteen(1S)days A'D'IJ79
enuariod shall be payable over a period not to exceed ten(10)years 1
the effective dale of this Ordinance in ten(la)substantially ly /
equal annual installments with interest on the unpaid balance of
the assessment at the rate of nine percent(9%1 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 ref - / /r L/r L
In excess of the aggregate total of unpaid assessment balances, / l J
interest rat w interest will accrue on the ` C'!//
titanoddment shall lee modified to equal the average
J��9 l.G't� ,..<... / .....� l /.... ......
oftr annum
Notary P blic
feted per um of old bonds. Interest hall al It In
interest
Me amount of each me such IOtterl dt annually f the
time each Installment becomes due.After said fifteen(ao day
period,all unpaid Installments(but
oni of anassessment levied against paid Jeno»S. use Lily
a,niece I propene^(but Iv In their entirety) av be Paid hereby supplements the spe�°cialisrmon of Solt Lake CI1v,Utah, •
prier}a one oats s ricM1n fheY became due„but h Salt Lake City and shall at flea time ul each ovemenitwaul ranty Ind of
succeeding
would accuderue
additional amount equal fo the aft La ce,so IOncl as any special improvemnf des ohlxti:lab
of
interest hick would r e the sa e 1 a t're f Salt Lake City Incldl ro}he bends f}his Imerovemnl Ets,ricl
date n fed Interest Is payable In onthe duth yea„ta provide ee fix levying of a lax el veto one
mprovement bonds Issued In anlicipaflon of the cllection of the re sin
plus such additional amount as,In the opinion of the ill in e h year for tin purpose Of mainidinlnp in said fund d City assessmentsasurer,is necessary to assure the availability of money balance of fMv percent(t0 a)of the total principal amoun101 all to pay interest on the special Improvement bonds as interest special Imaro emenl district bond then issued and oulstandirq,becomes due and any premiums which may became payable on pa°meal such fund Is l0 guarapty to Mpezfnt of sUcf fu„d redeemable bands which may be called In order to utlilxe the issued sPec'al improvement bolds grid interest Mnreo„
assessments taus paid in advance. against beat improvement districts Includlnli this
Included in the costs of Imervemenls for which assessment ,,,,,,, Improvement District,all in the manner and to Me extent
is hereby made is an estimated amount for contingent expenses providetl by the he o of Me Stale f Utah.
equaling ten percent floe/el of the construction costs auMoized 6'd direclpdrato fakeLakl Cl/ °¢�yyd
established by nil ice tract tar construction of Me appropriate la aflecfuare the
Smprovomenls and tacit price
within the IMprovettnnl District as provision of lies ordinance,
t of In the Notice of Intention. Ups c elation and Section7.All ordinances or paatsteeoaf In conflict,Win this
acceptance of the Improvements within tins Improvement ortlmance are Mrebv repealed,
District the costs f construction ill be determined plus SechnB An emergency is nernby deplard them:receryMlon additional punt for engineering,legal,accounting,and other i Peace,4.,. arm safely of Salt Lake sty aria inhal9kams administrative expenses totalling fifteen cent(1%)of the there0l sp equlrirp, Immedlalety a(kar its adopibrh ft.''
construction costs.If the aggregate total of all construction cods ordinance shall be signed by the Mayor and ply Re<onkv and plus administrative expenses is less than the total amount of the all be recorded In the ordinance book kepi for their purpose.ants made hereunder, theplus will be rebated Said ordinance shall by p biisteed once In me peep et µlwy a
proportionately on a per acre basis M the owners of the Properly seater published and ha„general olrcula/lon In Sal Lake
assessed.The rebate will be applied as a credit against the Clty.Utah,and shall fake eliecl ImniedlalelY upon Ifs wadage paid amount of the assessment Installment next due after the and anoroval and publication as required by law.
tine the surplus Is determined, PASSEp AND APPROVED BV THE CITY COMMIl,SION
Default In the payment of any installment Of principal or OF SALT LAKE CITY.UTAH.Ph Is 7M day of June,19T9.
' Interest when due shall cause the whoe of the unpaid principal TED L.Wi LSON
and interest to become due and payable Immediately,and the intt amount
ftneret(0) ranftltit ATTEST. aayoreresateraeo e percent numunipei Cu MILDRED V.HIGHAM
at any time prior to the date of sale or foreclosure the owner may City Recorder
pay the amount of all unpaid installments past due,with Interest (SEAL)
tI the rate of ten percent(10%)per annum to date of payment. BILL ND.80 of)979
he delinquent installments,and all approved costs,and shall Published June 9,1979
thereupon be restored to Ire right thereafter to pa In — IA-=01j
ipstellm_me in te sane manner Sr right
default had not occurred.
i9_t)