018 of 1982 - Amendment to the Assessment Ordinance 4 of 1982 STATE OF UTAH,
ss.
City and County of Salt Lake,
I Kathryn Marshall --- .-- .-- , City Recorder of Salt Lake City, Utah, do hereby
certify that the attached document is a full, true and correct copy of . - -- -- Ordinance 18 of 1982,-
amending the assessment ordinance, Number of--1-982.---_ __-____-___.. ..... _.____._-_ -__-_.__-............
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Cit YY Co�n cil of Salt Lake City, Utah March. 1982
passed by the itm�in�r�ll�ill�.�l yr , . 9,
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
City; tpi p.'-.�-_110Y �^ � .... day of March
- 19.-82..
(SEAL) a
__; ( City Recorder
Published March 1-2, . . . 19.82..... Y
Frt
YEA : Sydney Reed Fonnesbecktn
Palmer A. DePaulis A` 97
Grant Mabey - k
Ronald J. Whitehead
Alice Shearer sa
Ione M. Davis
NAY : None
The ordinance was then signed by the Chairman in open
meeting end recorded by the City Recorder in the official
records of Salt Lake City, Utah . The ordinance is as
follows :
ORDINANCE NO. 18
AN ORDINANCE amending Ordinance No. 4
(the "Assessment Ordinance") in
connection with the assessment of
property in Salt Lake City, Utah Curb and
Gutter Extension No. 38-533 , so that the
interest rate to accrue or. unpaid
assessment balances will be seven percent
(7%) per annum instead of the interest
rate or rates provided for in the
Assessment Ordinance .
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY ,
SALT LAKE COUNTY , UTAP:
Section 1 . The City Council of Salt Lake City , Utah , Q,
a
hereby amends the Assessment Ordinance which it adopted on Ut
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January 6 , 1982 as Ordinance No. 4 by repealing the ►Aa
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thirteen percent (13% ) per annum interest provision and by
further repealing the provision for adjustment of the 00
interest rate on unpaid assessments to the net effective rate
3
of assessment bonds when issued. In place of the interest
provisions hereby repealed there shall be a provision for
l
interest on the unpaid balance of assessments at the rate of
seven percent (77) per annum for the period prior to and
after the issuance of assessments bonds and ter. percent ( 10%)
per annum on assessment balances where installment payments
are delinquent . As amended Section 5 of the Assessment
Ordinance shall read as follows :
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 . 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 (hut only in their entirety) may be paid
c
prior to the dates on which they become due , but any such G
prepayment must include an additional amount equal to the call,a
interest which would accrue on the assessment to the next
succeeding date on which interest is payable on any special OD
improvement bonds issued in anticipation of the collection of
4
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 or. 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 2 . The officials of Salt Lake City, Utah , are
hereby authorized and directed to take all action necessary
and appropriate to effectuate the provisions of this
w
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ordinance . '
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Section 3 . An emergency is hereby declared, the
preservation of peace , health and safety of Salt Lake City s
r'rt;
and the inhabitants thereof so requiring. Immediately after
its adoption. , this ordinance shall be signed by the Chairman
5
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.
Section 4 . The City Recorder is hereby authorized and
directeJ to file a copy of the this amendment to the
Assessment Ordinance within five days from the date hereof in
the Salt Lake County Recorder ' s office .
Section 5 . All other provisions of the Assessment
Ordinance remain in full force without being modified by this
amendment .
,PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKF
CITY , UTA}1 , this 9th day of March , 1982 .
Chairperson
ATTE"T:
WAtvgWder
( S E A L)
Published: March 12, 1982
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ADM-35A
Affidavit of Publication
STATE OF UTAH,
SS.
County of Salt Lake--
------- -- - -
ORDINANCE No.it Shana..D.'..Conaty........................................................................
AN•ORDINANCE amending Ordinetke'No.4(the"As- ...............
sessment Ordinance") in tonne on with the assess-
menr pf propertydn Salt Lake CM, Utah Curb and
Ouffe.Extension o.38 533,so that'the.interest rat)to
,':"atceve on unpaid assessment beiances�will be seven
rates�1rlltovidedfforIntheAssessmentOrdi"JARMI tateor. S Being first dui sworn p y g
BE.'IT ORDAINED ZY THE CITY COUNCIL OF SALT g y , deposes and says that he is legal
LAKE CITY,SALT LAKE COUNTY,UTAH:
Sect 1.The City Council pf Salt Lak City,Utah,hereby, advertising clerk o the R , a daily
8irterkK Assessment Ordinance which i adopted on Janua-
(rYV ,ss Ordinan�cce.No.4 by recealing he thirteen percent (except Sunday) newspaper printed In the English
,annum I,Clterd# rOvision and by further repealing
e prgt+ ,on for actlius}m�Rt of the interest rate on unpaid language with general circulation in Utah, and
#s�ssme tq tM¢ fr¢t effaGfI a rate of 7e�ssessment bonds
J -Ise ed.,Itt Iaga of the Interest provslohs hereby re published in Salt Lake City, Salt Lake Count in the
c}ea ed re,s �f a•oro sion for interest on the unpaid p y�
rgatete s S�� ` t rate bf•seven prcent (7°k) per State Of Utah.
,s� }}hes��ie'i ipd , affer the Issuance of assess-
t)i t dg ails tl:fi ti; h)per,annum on assessment
bal nce5-'where:ihstallrtlontswmel)ti are delinquent. As
4tmendedection 5 of the'Assessment:OrtlMance shall read as That the legal notice of which a copy is attached hereto
follows:,,.
=The'Wtwle or any part of'me asseasmarlts for said Special
Improvement District rtlay be Paid.WIthoyt.Interest within IIf-
teerl;(1�5);dayg.affer this.,ordinancetss becomes effective. Any
" Pa of the assessment not paid wFthin such fifteen (15) day Pub notice of Ordinance #18: Curb & Gutter Ex-
n r!d fro lance of the iv date
eeof A Ordief se ten (10)
peroct hill be payable over a pet' not to exc,nance In ten (to)
s'u stan) Ily equal annual mstallrrlents with Interest on the
�y aes T ven percent
'fvvf kj,ottir annum from.the.effCctive do 4 c s Ordinao�e. tension #38-533
tritflrest shall be paaid in addition id the amount of each such ..................... .......
Ihst¢ll t-anhually at the time ach Installment becomes
d .Ae said fifteen(15)da�pert,all unpaid installments
se ssment levied ass net a y piece of property (but
lYari',th it entirety)may be paid pprior,to the dates on which ...............................................................................................................
e due,but afly sucti prBPayment must include an
dltidnia amount equal to the Interest which would accrue on
ab ment to the next succeeding date on whiolt;,interest
Iiay onanrYspecialImprovementbondslssuedlnn antic i• „•,••,••••,•••••••••••,••,•••••••••,••,•,•,•••,•.•••••,•••••,•„•,••„•,•,,,,•.......................
per(N1, I-he col tection•of tN@'assessments plus such addl)lonal
amber- as,in the opinion of the City Treasurer, Is necessary
to a" te`the avails,ifity.of money to pav interest on•the sce-
ci f' ptrovement bonds as°'interest b rues due and.any
D,g 'm which ay.,. a payable on redses=able bonds ...............................................................................................................
whi r y:be call o in'or er to utilize the as smenfs thus
patdAlta vane.
Defa It In the payment of any nstaumInt,of prfrxipal or p March 12 1982.
interk§t,then due shill cause the: holg of the unpaid princi- WdS published in said newspaper on..................... .a. ..
pal.and tgterest to becQM due,and ayyeble Immediately,antl
the whote amount of trig tunpaid rin�ppppI shall thereafter
draw int rest at the mite of ten per t(1g 0 per annum until
paid,but-.,at any time'prior to the a of sale or foreclosure
the owner may Pay the amount of afl unpaid Installments past
due,with interest at the rate of tart Percent 2i- )per annum
to dare 0f payment on the dellrquent'Installments, and ali
approved costs, and shall thareupoh be restored to the right a__�i q "`., i 'a,
thereafferr to pay in installments In the$ame manner as tf .•••............................... ......:...........•...:•......:............:...............................
default had hotbceurred, Legal Advertising Jerk
Section 2.The officials of Salt Lake CIO,Utah,are hereby
authorized and directed to take all action necessary and ap-
propriate to effectuate the provisions of this ordinance.
Section 3.An emergency s hereby declared,the preserva-
tion of peace,health and safety of Salt Lake City and the In-
habitants thereof so requiring,Immediately after Its adoption,
this ordinance shall be signed by the Chairman and City Re- e me this............................lath............................................. day of
corder and shall be recorded In the ordinance book kept for
�sserer.NNeews,,Said
ordinance published and having generalgeneral
immediately upon it Lake City,,
and approve and Publication as ••A.D. 19...82..
reouired-by law.
Section 4. The City Recorder is hereby authorized and
directed to file a copy of finis amendment to the Assessment
Ordinanc"'e within five da s from the date hereof in the Salt
.LakeceC eaamain In0rfull force without being modified by this i
Ston 5. All other Provisions of the Assessment Ordi-
amenent.dm �?PAS$EO AND APPROVED 9Y THE CITY COUNCIL OF
SALT LAKE CITY,UTAH,this 9th day of March,1982. Notary Public
S.Fonnesbeck
Chairperson
ATTEST:
Kathryn Marshall
City Recorder
($ AL)> -Expires
00 My Commission Expires
.....................F.Eb...1.. .... .1.,. 19.86
..................
---- Q 8 2-4
M i C R 0 PHIL.M E D
Salt Lake City, Utah
March 9 , 1982
The City Council of Salt Lake City , Salt Lake County ,
Utah, met in regular session_ on Tuesday, the 9th day of
March, 1982 , at its regular meeting place . The following
members of the City Council were present :
Grant Mabey Acting Chairperson
Palmer A. DePaulis Councilmember
Ronald J . Whitehead Councilmember
Alice Shearer Councilmember
Ione M. Davis Councilmember
Edward W. Parker Councilmember
Also present :
Absent :
Sydney Reed Fonnesbeck Chairperson
The Council reviewed the proceedings in connection with
Salt Lake City , Utah Curb and Gutter Extension No. 38-533 as
it considered modification of the interest rate to apply on
unpaid balances of assessments . The following factors were
noted:
( 1 ) The maximum interest rate indicated in the
Notice of Intention dated October 3 , 1978 , consistent
with a Salt Lake City ordinance then in effect stated it
part , "Any assessment may be paid in ten (10) equal
annual. installments with interest on the unpaid balance
not to exceed seven percent (7%) per annum until due and
thereafter at the rate of ter. percent (1021o) per annum
until paid. "
(2) Section 5 of the Assessment Ordinance provided
for the accrual of interest on the unpaid balancP of
assessments at the rate of thirteen percent (13%) per
annum with a provision that the interest rate is to be
adjusted to the net effective rate of assessment bonds
when issued .
The Council , without intending to establish a precedent
applicable to other Special Improvement Districts where
interest maximums were set out in the Notices of Intention
prior to the repeal. of interest maximum provisions in
applicable city ordinances and state statutes , determined it
to be in the best interest of the City to provide for the
accrual of interest at a rate consistent with the sever
percent (7% ) per annum maximum set out in the Notice of
Intention for this district .
The following ordinance was then introduced in writing,
and pursuant to motion duly made by Councilmember DePaulis ,
and seconded by Councilmember Davis was adopted by the
following vote :
2
YEA: Palmer A. DePaulis
Grant Mabey
Ronald J . Whitehead
Alice Shearer
Ione M. Davis
NAY : None
The ordinance is as follows :
ORDINANCE NO. 18
AN ORDINANCE amending Ordinance No. 4
(the "Assessment Ordinance") in
connection with the assessment of
property in Salt Lake City , Utah Curb
and Gutter Extension No. 38-533 , so that
the interest rate to accrue on unpaid
assessment balances will be seven
percent (7%) per annum instead of the
interest rate or rates provided for in
the Assessment Ordinance .
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY,
SALT LAKE COUNTY, UTAH:
Sectior. 1 . The City Council of Salt Lake City, Utah,
hereby amends the Assessment Ordinance which it adopted on
January 6 , 1982 as Ordinance No. 4 by repealing the thirteen
percent (13% ) per annum interest provision and by further
repealing the provision, for adjustment of the interest rate
on unpaid assessments to the net effective rate of assessment
bonds when issued. In place of the interest provisions
hereby repealed there shall be a provision for interest on
the unpaid balance of assessments at the rate of seven
percent (7% ) per annum for the period prior to and after the
3
issuance of assessments bonds and ten percent (10%) per annum
on assessment balances where installment payments are
delinquent . As amended Section 5 of the Assessment Ordinance
shall read as follows :
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 . 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
4
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 anv 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
inst-allments , 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 2 . The officials of Salt Lake City, Utah, are
hereby authorized and directed to take all action necessary
and appropriate to effectuate the provisions of this
ordinance .
Section 3 . 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 Chairman
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 , iitah, and shall take
5
effect immediately upon its passage and approval and
publication as required by law.
Section 4 . The City Recorder is hereby authorized and
directed to file a copy of the this amendment to the
Assessment Ordinance within five days from the date hereof in
the Salt Lake County Recorder ' s office.
Section 5 . All other provisions of the Assessment
Ordinance remain in full. force without being modified by this
amendment .
PASSED AND APPROVED BY TI'E CITY COUFCIL OF SALT LAKE
CITY , UTAII, this 901 day of March , 1982 .
Chair'pZrson
A E 'T
ity order
( S E A L)
6
Thereupon Councilmember DePaulis moved that the City be
authorized and directed to give notice of assessment by mail
to the property owners in Salt Lake City, Utah Curb and
Gutter Extension_ No . 38-533 , which notice shall be in
substantially the following form:
7
Thereupon Councilmember Davis seconded the adoption of
the foregoing motion, and the same upon being put to a vote
was unanimously adopted , and signed by the Chairperson in
open meeting and recorded by the City Recorder in the
official records of Salt Lake City, Utah .
The City Treasurer was thereupon authorized to mail the
foregoing notice of special assessment as hereinbefore
provided .
After the transaction of other business not pertinent to
the foregoing matter , the meeting was on motion duly made ,
seconded and carried, adjourned.
airperson
ATTi 'T
4.31 ty order
( S E A L)
8
STATE OF UTAH )
ss .
COUNTY OF SALT LAKE )
I , Kathryn Marshall , 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
Council of Salt Lake City, Utah, at its meeting held on the
9th day of March , 1982 , insofar as the same relates to or
concerns Curb and Cutter Extension No. 38-533 as the same
appears of record in my office .
I further certify that the Ordinance amending the
Ordinance levying the special assessments was recorded by me
in the official records of said City on the 9th day of March ,
1982 .
I 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 City this day of
March , 1982 .
City Re r er
( S E A L )
9
STATE OF UTAH ) AFFIDAVIT OF MAILING
ss . NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
I , Stephen D. Page , the duly appointed, qualified and
acting Treasurer of Salt Lake City , Utah, do hereby certify
that on the /,0' day of March , 1982 , I caused to be mailed a
Notice of Assessment to each property owner in Salt Lake
City, Utah Curb and Cutter Extension No. 38-533 by United
States Mail , postage prepaid , at the last known address of
such owner.
IN WITNESS WFEREOF, I have hereunto set my ha-rd. and
affixed the corporate seal of said Salt Lake City , Utah this
� `dav of March , 1982 .
C�ety T,reasurer
r/
( S E A L)
10
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 assessments which was contained
in the Ordinance adopted by the City Council of Salt Lake
City on the 9th day of March, 1982 , was published one time in.
the Deseret News .
11
STATE OF UTAH ) CEPTIFICATE OF COMPLIANCE
ss . WITH OPEN MEETING LAW
COUNTY OF SALT LAKE )
I , Kathryn Marshall , the duly qualified and acting City
Recorder of Salt Lake City, Salt Lake County, Utah, do herebv
certify that on the 5th day of March, 1982 , pursuant to Utah
Code Annotated Section 52-4-6 (1953) , as amended , there was
posted (at least 24 hours prior to the meeting time) at the
regular meeting place written notice of the regular meeting
of the City Council held on March 9 , 1982 at said regular
meeting place . I further certify that there was delivered to
the local news media , at least 24 hours prior to said
meeting , a copy of said Notice of Regular Meeting.
IN WITDIFSS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 41��- day of
March , 1982 .
City e r er
( S F A L )
12