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002 of 2007 - Adopt 2004 concrete replacement SID; Job No. 102112 & Quayle Avenue reconstruction SID; Job No. 1021 0 07-1 • , • Q 04-10 ORDINANCE NO. 2 of 2007 AN ORDINANCE CONFIRMING THE MODIFIED AND EQUALIZED ASSESSMENT ROLLS AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE SALT LAKE CITY, UTAH 2004 SIDEWALK REPLACEMENT AND QUAYLE AVENUE RECONSTRUCTION SPECIAL IMPROVEMENT DISTRICT (THE "DISTRICT"), FOR THE PURPOSE OF PAYING THE COSTS OF THE INSTALLATION OF CONCRETE SIDEWALKS, SIDEWALK ACCESS RAMPS, DRIVEWAYS, ROADWAY PAVEMENT, CURB, GUTTER AND DRAINAGE FACILITIES AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER WORKMANLIKE MANNER; (COLLECTIVELY, THE "IMPROVEMENTS"); ESTABLISHING THE EFFECTIVE DATE OF THIS ORDNANCE; AND RELATED MATTERS. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1. Determination of Costs. All costs and expenses for the making of the Improvements within the District, together with related costs, have been determined. Section 2. Approval of Assessment List; Findings. The City Council (the "Council") of Salt Lake City, Utah (the "City"), hereby accepts and adopts the Findings and Recommendation of the Board of Equalization and Review. The Council confirms and adopts the equalized and adjusted assessment roll for the District, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (the "Assessment List"). The Council has determined that the Assessment List, as adjusted and equalized, is just and equitable; that each piece of property to be assessed within the District will be benefited in an amount not less than the assessment to be levied against said property; and that no piece of property listed in the assessment list will bear more than its proportionate share of the cost of Improvements. Section 3. Levy of Assessments. The Council hereby levies an assessment upon the real property identified in the Assessment List. The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments hereby levied are for the purpose of paying the costs of constructing the Improvements in a proper and workmanlike manner. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List according to the extent that they are specially benefited by the Improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. DMWEST#6469552 v1 3 Section 4. Cost of Improvements; Amount of Total Assessments. The total cost of the Improvements in the District is $1,661,262.00 including allowable related expenses. Of this total cost, the City's portion is $961,132.67. The City's portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making the Improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the Improvements in the District is $700,129.33. These amounts do not exceed in the aggregate the sum of: (a) the total contract price or prices for the Improvements under contract duly let to the lowest and best responsible bidder therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the City, if any; (c) the property price, if any; (d) connection fees, if any; (e) the interest on any interim warrants issued against the District; and (f) overhead costs not to exceed fifteen percent (15%) of the sum of(a), (b), (c) and (d). Section 5. Method and Rate. The total assessment for the District is levied in accordance with the method set out in the Notice of Intention pertaining to the District. The applicable rate for each property was determined based on costs as set out in the preceding Section. Section 6. Payment of Assessments. (a) The whole or any part of the assessments for the District may be paid without interest within thirty (30) days after this Ordinance becomes effective. Any part of the assessment not paid within such thirty (30)-day period shall be payable over a period of five (5) years from the effective date of this Ordinance in five (5) substantially equal annual principal installments, plus interest accruing thereon. Interest on the unpaid balance of the assessment shall accrue at the rate of four and two-tenths percent (4.2%) per annum until and unless special assessment bonds (the `Bonds") are issued for the District. After issuance of the Bonds the interest rate on unpaid assessment balances (unless delinquent rates apply) shall be the same rate as the net effective interest rate of the Bonds anticipated to be issued by the City. The first assessment installment payment date shall be on or about May 1, 2007, and on each anniversary date of the first assessment installment payment date thereafter until paid in full. Interest shall accrue from the effective date of this Ordinance. Each assessment installment shall include one year's interest on the unpaid assessment amount. (b) After the above-referenced thirty (30)-day period, all unpaid installments of an assessment levied against any piece of property 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 the 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 Bonds as interest becomes due and payable plus any premiums which may be charged and become payable on DMWEST#6469552 v1 4 redeemable Bonds which may be called in order to utilize the assessments paid in advance. Section 7. Default in Payment. If a default occurs in the payment of any installment of principal or interest, when due, the City may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and interest then due to be immediately due and payable. Additional interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the same rate as is applied to delinquent real property taxes for the year in which the assessment installment becomes delinquent (the "Delinquent Rate"). In addition to interest charges at the Delinquent Rate,costs of collection,including attorneys fees and court costs("Collection Costs"),as determined by the City Treasurer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable. In lieu of accelerating the total assessment balance when one or more assessment installments become delinquent, the City may elect to bring an action to collect only the delinquent portion of the assessment plus interest at the Delinquent Rate and Collection Costs. Upon any default,the City Treasurer shall give notice in writing of the default to the owner of the property in default as shown by the last available equalized assessment rolls. Notice shall be effective upon deposit of the notice in the U.S. Mail, postage prepaid,and addressed to the owner as shown on the last equalized assessment rolls for the City or on the official ownership records of the City. The notice shall provide for a period of thirty(30) days in which the owner shall pay the installments then due and owing together with accrued interest at the regular rate plus costs as determined by the City Treasurer. If the City elects to use the enforcement remedy involving acceleration, the Notice shall also declare that after the thirty(30)day period the City shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with Collection Costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter,the City may commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. If the City elects to utilize the trust deed enforcement remedy, the City Attorney shall designate a trust deed trustee for purposes of the enforcement action. If at the sale no person or entity shall bid and pay the City the amount due on the assessment plus interest and costs,the property shall be deemed sold to the City for these amounts. The City shall be permitted to bid at the sale. The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the City of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of foreclosure sale. Section 8. Remedy of Default. If prior to the final date payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments,the property owner pays the full amount of all unpaid installments which are past due and delinquent with interest at the Delinquent Rate,plus all approved or required DMWEST#6469552 v1 5 " "' "\.— `a1"" /1, M a costs, the assessment of said owner shall be restored so that the owner will have the right to make the payments in installments as if the default had not occurred. Section 9. Lien of Assessment. An assessment or any part or installment of it, any interest accruing and the penalties and costs of collection shall constitute a lien against the property upon which the assessment is levied on the effective date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic's or materialman's lien, or other encumbrance and shall be equal to and on a parity with the lien for general property taxes. The lien shall continue until the assessment and any interest, penalties and costs on it are paid, notwithstanding any sale of the property for or on account of a delinquent general property tax, special tax or other assessment or the issuance of a tax deed, an assignment of interest by the governing entity or a sheriffs certificate of sale or deed. Section 10. Contestability. No assessment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity or justice of the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the City to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. Such action must be commenced and summons must be served on the City not later than 30 days after the effective date of this Ordinance. This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the 30-day period provided in this section: (a) The Bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and (b) No suit to enjoin the issuance or payment of the Bonds, the levy, collection, or enforcement of the assessment, or in any other manner attacking or questioning the legality of the Bonds or assessments may be instituted in this state, and no court shall have authority to inquire into these matters. Section 11. Notice to Property Owners. The City Treasurer is hereby authorized and directed to give notice of assessment by mail to the property owners in the District. Said notice shall, among other things, state the amount of the assessment and the terms of payment. A copy of the form of notice of assessment is available for examination upon request at the office of the City Recorder. Section 12. All Necessary Action Approved. The officials of the City are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance. DMWEST#6469552 v1 6 • Section 13. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 14. Publication of Ordinance. 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. This Ordinance shall be published once in the Deseret Morning News, a newspaper published and having general circulation in the City, and shall take effect immediately upon its passage and approval and publication as required by law. DMWEST#6469552 v1 7 PASSED AND APPROVED by the City Council of Salt Lake City, Utah, this 2nd day of January, 2007. (SEAL) ,�� ; ,' By: <4*/ i Chair ATTEST: By: Chief Deputy ity Re rder APPROVED AS TO FORM Salt Lake City Attorneys Offtco Date r—�� By DMWEST#6469552 v1 8 The City Treasurer was thereupon authorized to mail to the property owners in the District 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. t # ,:.'. ; " s' By: Chair • ATTEST: By Chief Deputy ty Recorder DMWEST#6469552 v1 9 PRESENTATION TO THE MAYOR The foregoing ordinance was . esented to the Mayor for his approval or disapproval on this 5i - day oe;,, � 2007. dir dji By: Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this Sfj1 day of-.�G ,7 2007. Ross C. Anderson Mayor DMWEST#6469552 v1 I0 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I, Chris Meeker, the duly appointed and qualified Chief Deputy 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 2nd day of January, 2007, insofar as the same relates to or concerns the Salt Lake City, Utah 2004 Sidewalk Replacement and Quayle Avenue Reconstruction Special Improvement District (the "District") as the same appears of record in my office. I further certify that the Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on 2nd day of January, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this 2nd day of January, 2007. ( • - p-,„\v„ c* )Ri y�iS:l 1 '� By Chief Deputy City Recorder • DMWEST#6469552 v1 11 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss. NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I, Daniel Mule, the duly appointed and qualified City Treasurer of Salt Lake City, Salt Lake County, Utah, do hereby certify that on January q , 2007, I caused to be mailed a Notice of Assessment to each property owner in the Salt Lake City, Utah 2004 Sidewalk Replacement and Quayle Avenue Reconstruction Special Improvement District (the "District") by United States Mail, postage prepaid, at the last known address of such owner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Salt Lake County, Utah this 8'"'day of S� , 2007. By: £A-vAt.( m City Treasurer DMWEST#6469552 v1 12 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 adopted by the City Council on 2nd day of January, 2007, was published one time in the Deseret Morning News. DMWEST#6469552 v1 13 EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Chris Meeker, the undersigned Chief Deputy City Recorder of Salt Lake City, Salt Lake County, Utah (the "City"), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the 2nd day of January, 2007, public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule A, to be posted at the City's offices at 451 South State Street, Salt Lake City, Utah, on the 29th day of December, 2006, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule A, to be delivered to the Deseret Morning News on the 29th day of December, 2006, at least twenty-four (24) hours prior to the convening of the meeting. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 2nd day of January, 2007. (SEAL) By: Chief Deputy City Recorder DMWEST#6469552 v1 A-1 SCHEDULE A NOTICE OF MEETING DMWEST#6469552 v1 A-2 EXHIBIT B ASSESSMENT LIST [Available for review at the offices of the City Recorder or City Engineer] DMWEST#6469552 v1 B-1 EXHIBIT C MODIFICATIONS RECOMMENDED BY BOARD OF EQUALIZATION AND REVIEW DMWEST#6469552 v1 C-1 Salt Lake City, Utah January 2, 2007 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, the 2nd day of January, 2007, at the hour of 7:00 p.m., at the offices of the City Council at 451 South State Street, Salt Lake City, Utah, at which meeting there were present David L. Buhler Chair Van Blair Turner Vice Chair Carlton Christensen Councilmember Nancy Saxton Councilmember Jill Remington Love Councilmember K. Eric Jergensen Councilmember Also present: Ross C. Anderson Mayor Edwin P. Rutan, II City Attorney Chris Meeker Chief Deputy City Recorder Absent: Soren Dahl Simonsen Councilmember After the meeting had been duly called to order and after other matters not pertinent to this ordinance had been discussed, the Chief Deputy City Recorder presented to the City Council a Certificate of Compliance With Open Meeting Law with respect to this January 2, 2007,meeting, a copy of which is attached hereto as Exhibit A. The Board of Equalization and Review (the "Board") for Salt Lake City, Utah 2004 Sidewalk Replacement and Quayle Avenue Reconstruction Special Improvement District (the "District") presented to the City Council its report and stated that it had reviewed statements, comments and complaints on each property in the District as listed in the minutes of the hearings of the Board held on October 17, 18, and 19, 2006. The following Findings, Recommendations, and Decisions were then presented to the City Council by the Board: DMWEST#6469552 v1 1 • FINDINGS It is the finding of the Board that each piece of property within the District will be benefited in an amount not less than the assessment to be levied against said property. No piece of property listed in the adjusted assessment list will bear more than its proportionate share of the costs of such improvements. RECOMMENDATION AND DECISION It is the decision of the Board that the proposed assessment list, as adjusted, is equitable and that the improvements being financed thereby constitute a benefit to the properties to be assessed. The assessment list is approved subject to the following modifications: See Exhibit C The Board respectfully recommends that the City Council approve and confirm the assessment list as adjusted and adopt an ordinance levying the assessment set out in the adjusted assessment list. Motion was then made by Councilmember Turner and seconded by Councilmember Saxton that the City Council accept the Recommendation and Decision of the Board regarding the proposed assessments to be levied within the District. The motion carried unanimously. The Chief Deputy City Recorder then noted that the City Council is now convened in this meeting for the purpose, among other things, to adopt an Assessment Ordinance (the "Ordinance") for the District. The following Ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember Turner and seconded by Councilmember Saxton adopted by the following vote: AYE: Unanimous NAY: None The ordinance was then signed by the Chair, presented to and approved by the • Mayor and recorded by the Chief Deputy City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows: DMWEST#6469552 v1 2