004 of 1982 - Curb and Gutter Extension No. 38-533 4 - �
Q 82-4
MICROFILMED
Salt Lake City, Utah
January 5 , 1982
The City Council of Salt Lame City, Salt Lake County,
Utah, met in regular session on Tuesday, the 5th day of
January, 1982 , at its regular meeting place. The following
members of the City Council were present :
Palmer A. DePaulis Chairman & Councilmember
Grant Mabey Councilmember
Sydney Reed Fonnesbeck Councilmember
Ronald J . Whitehead Councilmember
Alice Shearer Councilmember
Ione M. Davis Councilmember
Edward W. Parker Councilmember
Also present :
Ted L. Wilson Mayor
Albert E. Haines Director of Finance and
Administrative Services
Roger Cutler City Attorney
Absent .
The Council determined from a review of the proceedings in
connection with Salt Lake City, Utah Curb and Gutter Extension
No . 38 -533 that the Board of Equalization on August 11, 1981
approved the assessment roll and recommended that the City
Council adopt and confirm the proposed assessments . The
statutory 60-day period has elapsed since the recommendation
and decision of the Board of Equalization and Review.
The following ordinance was then introduced in writing,
and pursuant to motion duly made by Councilmember Shearer, and
seconded by Councilmember Whitehead adopted by the following
vote :
YEA: Palmer A. DePaulis
Grant Mabey
Sydney Reed Fonnesbeck
Ronald J . Whitehead
Alice Shearer
Ione M. Davis
NAY: None
The ordinance was then signed by the Chairman in open
meeting and recorded by the City Recorder in the official
records of Salt Lake City, Utah. The ordinance is as follows :
ORDINANCE NO. 4 of 1982
AN ORDINANCE confirming the assessment rolls and
levying a tax providing for the assessment of
property in Salt Lake City , Utah Curb and Gutter
Extension No . 38-533 , for the purpose of paying the
costs of constructing improvements on certain streets
within said district consisting of street paving,
construction of a drainage system, curb and gutter
where it does not now exist , driveways from the new
curb and gutter to the street edge of sidewalks , the
condemnation and acquisition of any property
necessary to make such improvements , and the com-
pletion of any other miscellaneous work, necessary to
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complete the improvements in a proper and workmanlike
manner; reaffirming the establishment of a special
improvement guaranty fund; and establishing the
effective date of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT
LAKE COUNTY, UTAH:
Section 1 . The City Council of Salt Lake City , Utah,
hereby confirms the assessment roll as approved by the Board of
Equalization and Review for Salt Lake City , Utah Curb and Gutter
Extension No . 38-533 , and hereby confirms the findings of the
Board of Equalization and Review that the proposed list of
assessments as equalized by the Board of Equalization and Review
for said Curb and Gutter Extension is just and equitable; that
each piece of property within said Curb and Gutter Extension
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 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 list for Curb and Gutter Extension
No . 38-533 . The assessments levied upon each block, lot , part
of block or lot , tract or parcel of property therein described
shall be in the amount set forth in the assessment list , which is
hereby incorporated by reference and made a part of this
ordinance . The property to be assessed in accordance with the
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assessment list for Salt Lake City, Utah Curb and Gutter
Extension No . 38-533 , is within the following described area and
boundaries :
AREA:
Blocks 25 and 26 , 27 , 28 , 29 , 30, 31, 32 , and 33 and 48
all in Plat "G" , Salt Lake City Survey, also the Southeast
Quarter of the Southeast Quarter of Section 32 , Township 1
North, Range 1 East , Salt Lake Base and Meridian and the
Southwest Quarter of the Southeast Quarter of Section 32 ,
Township 1 North, Range 1 East , Salt Lake Base and
Meridian, Together with all other pieces and parcels of
land not particularly divided in Section 14, Township 1
North, Range 1 West , Salt Lake Base and Meridian.
BOUNDARIES :
North - 7th Avenue
South - 3rd Avenue
East - Virginia Street
West - "N" Street
The assessments hereby levied are for the purpose of paying
the cost of constructing improvements on certain streets within
said district consisting of street paving, construction of a
drainage system, curb and gutter where it does not now exist ,
driveways from the new curb and gutter to the street edge of
sidewalks , the condemnation and acquisition of any property
necessary to make such improvements , and the completion of any
other miscellaneous work necessary to complete the improvements
in a proper and workmanlike manner. Said improvements are more
particularly described in the assessment list for said Curb and
Gutter Extension which list has been incorporated herein by
reference and made a part of this ordinance .
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Said assessments are hereby levied and assessed upon each
of the blocks , lots , parts of block and lots , tracts or parcels
of real property described in the assessment list according to
the extent that they front or abut on or are adjacent to the
street mentioned in said assessment list and are specially
benefited by the improvements thereon. Said assessments are
levied upon the land and lots in said Curb and Gutter Extension
which abut or are adjacent (one lot only in subdivided areas ) to
the street or streets which have been improved in said District ,
and at equal and uniform rates . An allowance on said
assessments has been made for corner lots so that they are not
assessed at full rate on both streets .
The total cost of the improvements in Salt Lake City, Utah
Curb and Gutter Extension No . 38-533 is $458 ,088 .21, of which
total cost , the City' s portion is $175 ,091. 55 general and
$97 , 618 . 66 to be paid by the City as an abutting property owned
for the City Cemetery. The City' s portion for said Curb and
Gutter Extension includes that part of the overhead costs for
which an assessment cannot be levied, if any , and the cost of
making improvements for the benefit of property against which an
assessment may not be levied, if any . The balance to be assessed
to the owners of property affected or benefited by the
improvements in Curb and Gutter Extension No . 38-533 is
$185 , 378 . 00 , which is the total amount of the assessment hereby
levied for said District and which does not exceed in the
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aggregate the sum of: (a) the total contract price for the
improvements under contract duly let to the lowest and best
responsible bidders therefor; (b) the reasonable cost of
utility services , maintenance, labor, materials , or equipment ,
if any; (c) the property price, if any; (d) the interest on any
interim warrants issued against the District ; and (e) overhead
costs not to exceed fifteen percent (15%) of the sum of (a) , (b) ,
and (c) . The total assessment for said Curb and Gutter
Extension No . 38-533 is levied at the following rates :
RATE PER
RATE NO . IMPROVEMENTS FRONT FOOT
1 Curb & Gutter, 16 ' $29 . 73
Paving & Misc .
2 (Protested out )
3 Curb & Gutter, 16 ' $36 . 55
Paving, 4' Walk & Misc.
4 Curb & Gutter, 15 ' $29 . 21
Paving & Misc .
5 Curb & Gutter, 14' $28 . 69
Paving & Misc .
6 13 ' Paving & Misc . $21.09
7 Curb & Gutter, 13 ' $28 . 17
Paving & Misc .
Section 3 . The assessment list made by the City for the
property in Salt Lake City , Utah Curb and Gutter Extension No .
38-533 as corrected, approved, equalized and completed by the
Board of Equalization and Review, is hereby confirmed and the
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assessments made and returned in said completed list and the
report , recommendations and decision of the Board of
Equalization and Review to the City Council of Salt Lake City ,
Utah, are hereby ratified, approved and confirmed.
Section 4. This tax is levied and assessed at equal and
uniform rates on such property. Land and lots which abut upon
the streets identified in the Notice of Intention, or are
adjacent thereto shall be assessed to a depth of twelve (12)
rods back from the property line of the street or streets upon
which they abut or to which they are adjacent (one lot only in
subdivided areas ) .
Section 5 . 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
thirteen percent (13%) per annum from the effective date of this
Ordinance until due, provided, however, that the interest rate
on assessments shall be adjusted to the net effective rate of
the Assessment Bonds to be issued as of date of said bonds .
Interest shall be paid in addition to the amount of each such
installment annually at the time each installment becomes due .
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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 15% 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 15/ 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.
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Section 6 . The City Council of Salt Lake City, Utah, does
hereby reaffirm the creation of a special improvement guaranty
fund and shall at the time of each annual appropriation
ordinance , so long as any special assessment bonds of Salt Lake
City remain outstanding, transfer to said fund each year such
amount as a tax levy of one mill will produce , either through a
levy of a tax of not to exceed one mill in any one year or by the
issuance of general obligation bonds or by appropriation from
other available sources , for the purpose of guaranteeing to the
extent of such fund the payment of special assessment bonds and
interest thereon issued against local improvement districts
for the payment of local improvements therein, all in the manner
and to the extent provided by the laws of the State of Utah.
Section 7 . 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 8 . All ordinances or parts thereof in conflict
with this ordinance are hereby repealed.
Section 9 . 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
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circulation in Salt Lake City, Utah, and shall take effect
immediately upon its passage and approval and publication as
required by law.
Section 10 . The City Recorder is hereby authorized and
directed to file a copy of the assessment ordinance within five
days from the date hereof in the Salt Lake County Recorder' s
office. If the assessment ordinance incorporates the
assessment list by reference , the City Recorder is further
directed to file a copy of the final assessment list with the
Salt Lake County Recorder.
PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKE CITY,
UTAH, this 5th day of January, 1982 .
Chairman
ATTE r,j:
C i t 6c rder
y
( S E A L )
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Thereupon Councilmember Shearer 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:
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Thereupon Councilmember Whitehead seconded the adoption of
the foregoing motion, and the same upon being put to a vote was
unanimously adopted, and signed by the Chairman 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 massessment 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.
Chairman
ATTEST:
Cit O.;ecorder
( S E A L )
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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 5th day of January, 1982 ,
insofar as the same relates to or concerns Curb and Gutter
Extension No . 38-533 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 said
City on the 5th day of January, 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 January , 1982 .
' ty Recorder
( S E A L )
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STATE OF UTAH ) AFFIDAVIT OF MAILING
ss . NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
I , Steven Page, the duly appointed, qualified and acting
Treasurer of Salt Lake City , Utah, do hereby certify that on the
day of `�r�, 1982 , I caused to be mailed a Notice of
Assessment to each property owner in Salt Lake City, Utah Curb
and Gutter Extension No . 38-533 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 said Salt Lake City, Utah this %day of
19 8 2 .
Ci Treasurer
( S E A L )
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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 5th day of January, 1982, was published one time in the
Deseret News .
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Affidavit of Publication
STATE OF UTAH,
SS.
County of Salt Lake
ORDINANCE NO,i,lm Shane D. Conaty
AN ORDINANCE confirming the assessment rolls and .................. .... .........
levying ql tax providing for the assessment of property
In Salt;L eke City,Utah Curb and Gaffer Extension No.'
38,5= r the purtrose of pa�ing`the costs of construct
Erre`Improvements on certa n streets within said uct
trict'GWtsistlno of street paving; cpristruct+on of a Beingfirst dui sworn deposes and says that he is legal
j drainage systm curb and gutter where It does not y p y g
s air
grox+sty.drfv@waySfromthagew;.wrb and gutter advertising clerk of the DESEF>'ET NEWS, a daily
to,,. istx Set edge of;litleMIMI,th@ mnation and
B 'acquisftifltt of,any property necessar .to make such
r improlrenl�nta.arxt'ibe completion of anyY other mis- (except Sunday) newspaper printed in the English
celion, s work,nece��prY to compplete.fhe improve-
ments'i a-propar,arKf'workmapllke rr�rin@r; reef- language with general circulation in Utah, and
firming• e establi m@nr of a Special iomVrovement
guara fund; alia'tabirsh+rtgahe affective dal of published in Salt Lake City, Salt Lake County, in the
this'�I(i rice. �(g State of Utah.
LAKECit ALLAKCOFTJNTYHOUfJCIt OF SALT
Section City Ceunc 1 Of S�1 " k4 CIH.Utah,hereby
confirms t 44 frssmerif r'oli a� opprov@d by the Board of
Equalrzex ntl R AS-ii for salt lake G Utah Curb and That the legal notice of which a copy is attached hereto
Gutter EExf No=;38.5�3,and heir by, frms the findings
G the:Boa Epuali�}�q�antl R@ the p list
of.assessm @qualimad
'by.Th -� �qu IzAtion and
Review tor` rb Sind u',j"r lus hit equita-
ble; that,@ a roped hVl r 1(1'Cu ; nd Gutter Pub notice of Ordinance #4 of 1982 Curb Ff Gutter
EXtensfgr)v b@�ited 1 aft r, „nppt I than the ............ ...........................
as$esig t�.. IeV a .ff, tlertYI 'tl that no
piece of Ar sated p< Ilst.0011 bear more
than if rt to sh a such i veme do
sect City. du C ; •Lake,: Utah aces Extension #38-533)
her I, ''a t' .to be ss@s J) the r Pp@rty de- ................... ...................................................................
scribed,I a, sment.list t tirb atd Ipx tenslof
No..38 he a3sessrnents lev pM a
Of'btot(tt'pr ot,.t cCo4 p�freel 6roperW described
shalLba>h a set[otfh in the at t,which Is
hertbjtI gor b 'taference 'antl part of this
i td bill sassed in he with the
as gf Ist faqr f=. k@ i Utah r p utter E
tnsnioil K4:-38 5Z It tft Iti.tll oiloW1 a rlllbd area an ...............................................................................................................
boa r� ..��.,z. .. +�.
19A-
w ato-ks 25�a ' se:29,30j 311,and�d3 and 48� 4A
all ins iat"O", ke Clty Sp eaYr,alf�o Sout(�•
eastQuart o'f outheast'fltMrfer of Ion 32, ...............................................................................................................
ownshlp 1`, o ,, a e> E t,Salt Lake 8e-and•.'
ridiafi ar Southwest rfer of the the t
mart of Sects 32,.T wn p.i North,. ass I
I,sett We
use aadyr�iile tan,Togas r,I :; was published in said newspaper on........Jan....16,..19.8.2.....
other p ec nd parcels o I not rticule vide'.;.
ad in Sects 4,Township i rth,Range 1 If,;,,.
Lake$ase Meridian•
80lfNO IES: ...............
"North- Avenue ' `{'
levied are for the Our` a
soutn- Flvenue 4 I
E$st V rgtnia Street '
•West='N"Street ! "
The assessments hereby a pose of pay- 4.._.,i...............:....:.. ...............................•........,....:...:...:..:............... .......
in the cos of constructing improv@menis on certain streets Legal Advertising Clem
within said'distrECY consisting of street paving construction of
a drainage,system,curb and gutter where it does not now `
exist, driveways from the new curb and gutter to the street
edge of sidewalks, the condemnation and acquisition of any
property,necessary to make such Improvements, and the �
completion;of any other miscellaneous work necessary to 20th
complete the Improvements in a proper and workmanlike e me thls .................................................................................. day of
manner.Sold improvements are more particularly described
in the asset sment list for said Curb and Gutter Extension
which list as been incorporated herein by reference and g 2
made a Pis r�Of this ordinance. A.D. 19.
Sai assessments are hereby levied and assessed upon
each of the blocks, lots, parts of blocks and lots, tracts or
Parcels
of real property described In the assessment list ac-
cording to re the extent that they front or abut on or are adiacent
to the street mentioned in said assessment list and are special-
ly benefited by the Improvements thereon.Said assessments
are levied upon the land and lots in said Curb and Gutter
Extension which abut or are adiacent(one lot only in subdi- iC r- .t-- ►—
vided areas)to the street or streets which have been Improved
in said District,and at equal and uniform rates.An allowance " " "^""""' """""""""""""""
on said assessments has been made for corner lots so that Notary Public
they are not assessed at full rate on both streets.
The total cost of the improvements In Salt Lake City Utah
Curb and Gutter Extension No. 38.533 is$458,088.21,of which
total cost, the City's portion is $175,091,55 general and $97,=
618.66 to be.paid by the City as an abutting property owner for
the City Cemetery.The City's portion for said Curb and Gutter
Extension includes that part of the overhead costs for which
an assessment cannot be levied,if any,and the cost of making .
improvements for the benefit of property against which an
assessment may not be levied, if any. The balance to be as-
sessed to the owners of property affected or benefited by the
improvements In Curb and Gutter Extension No. 38-533 Is
levieed forsaidcDistrict and whichndtooestnot exceed in ther
ag-
gregate the sum of: (a) the total contract price for the im-
provements,under contract dUIY let to the lowest and aggre-
gate the su�„of: (a)the total contract price for the Improve- •••
,menu�nd*contract duly let to the.lowest and best responsi-
ble biddersaherefor; (b)the reasonable cost of utility servic-
es,maintenance, labor,materials,or•'equipment,,if any; (c)
the pre rty price, f any; (d) the interest on any interim
warrltfltai ue�against the.District; and(e)overhead costs
not to.axc fifteen percent(15%)of the sum of IN
(b),and
(c).TI1e t I o"ossmenf for Said Curb and Gutter Extension
No.38-533-iFlevle0 of the folloWino rates:
Rate No. Improvements Rate Per f
1 •Curb&Gutter,16' $29Front Foot ,
73
Paving&Misc. '
2 (Protested out)
31 Curb&Gutter,16' $36,55
Paving,4'Walk&Misc.
4 Curb&Gutter,15' $29.21
Paving&Misc.
5 Curb&Gutter,14' $28.69
Paving&Misc. t
6 13'Paving&Misc. $21.09
7 Curb&Gutter,13' $18:17 1
Paving&Misc.
Section 3. The assessment list made by the City for the p,
property in Salt Lake City, Utah Curb and Gutter Extension f
No.38-S33 as corrected,approved,equalized and completed by
the Board of Equalization and Review is hereby confirmed fi and the assessments made and returnea in said completed list and the report,recommendations and decision of the Board of 0
Equalization and Review to the City Council of Salt Lake City,
f Utah,are hereby ratified,approved and confirmed. M
I Section 4. This tax is levied and assessed at equal and R
I uniform rates on such property. Land and lots which abut
upon the streets identified in the Notice of Intention, or are
adjacent thereto shall be assessed to a depth of twelve(12)
rods back from the Property line of the street or streets,upon
which they abut or to which they are adjacent(one lot only in
subdivided areas),
Section 5. The whole or any part of the assessments for
said Special Improvement District may be paid without inter-
est within fifteen(15)days after this ordinance becomes effec-
tive. 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 thirteen
percent(13%) Per annum from the effective date of this Ordi-
nance until due, Provided, however,that the interest rate on Le
assessments shall be adjusted to the net effective rate of the
Assessment Bonds to be issued as of date of said bonds install:
Ni
est shall be paid in addition to the amount of each such nstall-
I ment annually at the time each installment becomes due.Af- U
ter said fifteen (15)day Period,all unpaid installments of an
assessment levied against any Piece at Property(but only in i their entirety) may be Paid prior to the dates on which they P
n become due,but any such prepayment must include an addi- F tional amount equal to the interest which would accrue on the
r'
)f assessment to the next succeeding date on which interest is
ig 'payable on any special improvement bonds issued in anticipa- tl
n- tion of the collection of the assessments plus such additional E
X. amount as, in the opinion of the City Treasurer,is necessary, C
nt to assure the availability of money to pay interest on the sPe r,
cial Improvement bonds as.interest-becomes due and any 1
Premiums which may become Payable on redeemable bonds ti
!w which may be called in order to utilize the assessments thus
in Paid in advance.he, Default in the Payment of any installment of principal or,
1
ch interest when due shall cause the whole of the unpaid princi-
lal pal and interest to become due and Payable immediately,and t
Ily the whole amount of the unpaid principal shall thereafter
by draw interest at the rate of 15%Per annum until Paid,but at l
re. any time prior to the dote of sale or foreclosure the owner i
'al may Pay the amount of all unpaid installments past due,with
at interest at the rate of 15%per annum to date of Payment on
is the delinquent installments,and all,approved costs,and shall
q- thereupon be restored to the right thereafter to pay in install-
er ments in the same manner as If default had not occurred.
.n Section 6.The City Council of Salt Lake City,Utah,does
pg hereby reaffirm the creation of a special improvement guar-
anty fund and shall at the time of each annual appropriation
Qrdinance, so long as any special assessment bonds of Salt
all Lake City remain outstanding,transfer to seid fund each year
r such amount as a tax levy of one mill will produce, either
)r through a levy of a tax of not to exceed one mill in any one
'o year or by the issuance of general obligation bonds or by.
appropriation from other available sources,for the Purpose of
guaranteeing to the extent of such fund the payment of special
assessment bonds and interest thereon issued against local
improvement districts'for the payment of local improvements
therein,all in the manner and to the extent Provided by the
laws of the State of Utah.
Section 7.The officials of Salt Lake City,Utah,are hereby
e authorized and directed to take all action necessary and ap-
n Propriate to effectuate the provisions of this ordinance,
i Section 8. All ordinances or Parts thereof in conflict with
& this ordinance are hereby repealed.
e Section 9.An emergency is hereby declared,the Preserva-
h tion of Peace,health and safety of Salt Lake City and the in-
e habitants thereof so requiring. Immediately after its adoption,
I this ordinance shall be signed by the Chairman and City Re-
if corder and shall be recorded in the ordinance book kept for
y that purpose: Said ordinance shall be Published once in the
Deseret News, a newspaper published and having general
e circulation in Salt Lake City, Utah, and shall take effect
i- immediately upon its Passage and approval and Publication as
required by law.
Section Ia. The City Recorder is hereby authorized and
directed to file a copy of the assessment ordinance within five
days from the date hereof in the Salt Lake County Recorder's
office. If the assessment ordinance incorporates the assess-
ment list by reference,the City Recorder is further directed to
- file a copy of the final assessment list with the Salt Lake Coun-
ty Recorder.
PASSED AND APPROVED BY THE CITY COUNCIL OF
SALT LAKE CITY,UTAH,this 5th day of January,1981.
Sydney R.Fonnesbeck
ATTEST: Chairman
Kathryn Marshall
City Recorder
ISEAL)
STATE OF UTAH ) CERTIFICATE 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 hereby
certify that on the 31st day of December, 1981, 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 January 5 , 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 WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this(�— day of January, 1982 .
City corder
(S E A L)
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STATE OF UTAH P638952
COUNTY OF SALT LAKE s
Kathryn Marshall ...City Recorder of Salt Lake City,Utah,
do hereby certify that the attached.,Ordinance,,Bill,?+. of. 1 982., confirming the,,,,,,,,,.X►F6mx o
0
....._ assessment, rolls. for Special, Improvement. District,, Curb &r otter Extension CJt
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No..38-533............................................................... G
was duly approved and accepted by City Council/Executive Action of Salt Lakes City,fQtah;this..J.th........... ,
day of... January......................A.D.19. ? , 1
IN WITNESS WHEREOF, I have hereunto set my hand and affiXgd-the!corporate•seal df�It Lake City,Utah,
this....12..........day of....January................. A.b.19.;.32-
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1 ...........
Recorder of_Sall Lake City,Utah
Council adopt and confirm the proposed assessments . The
statutory 60-day period has elapsed since the recommendation
and decision of the Board of Equalization and Review.
The following ordinance was then introduced in writing,
and pursuant to motion duly made by , and
seconded by adopted by the following vote:
YEA: Palmer A. DePaulis
Grant Mabey
Sydney Reed Fonnesbeck
Ronald J. Whitehead rrn f.
Alice Shearer
Ione M. Davisire
L
NAY: None aF p _ .: 'L
The ordinance was then signed by the Chairman in open
meeting and recorded by the City Recorder in the official
records of Salt Lake City, Utah. The ordinance is as follows :
ORDINANCE NO. �� O L
AN ORDINANCE confirming the assessment rolls and
levying a tax providing for the assessment of
property in Salt Lake City, Utah Curb and Gutter
Extension No. 38-533, for the purpose of paying the
costs of constructing improvements on certain streets
within said district consisting of street paving,
construction of a drainage system, curb and gutter
where it does not now exist , driveways from the new
curb and gutter to the street edge of sidewalks , the Cn
condemnation and acquisition of any property
necessary to make such improvements , and the com- C:)
pletion of any other miscellaneous work, necessary to -y
complete the improvements in a proper and workmanlike
manner; reaffirming the establishment of a special
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improvement guaranty fund; and establishing the -
effective date of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE-CITY, SALT
LAKE COUNTY, UTAH:
Section 1. The City Council of Salt Lake City, Utah,
hereby confirms the assessment roll as approved by the Board of
Equalization and Review for Salt Lake City, Utah Curb and Gutter
Extension No . 38-533 , and hereby confirms the findings of the
Board of Equalization and Review that the proposed list of
assessments as equalized by the Board of Equalization and Review
for said Curb and Gutter Extension is just and equitable; that
each piece of property within said Curb and Gutter Extension
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 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 list for Curb and Gutter Extension
No . 38-533 . The assessments levied upon each block, lot , part
of block or lot , tract or parcel of property therein described
shall be in the amount set forth in the assessment list , which is
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hereby incorporated by reference and made a part of this C
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ordinance. The property to be assessed in accordance with the
assessment list for Salt Lake City, Utah Curb and Gutter
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Extension No. 38-533, is within the following described area and-
boundaries : -
AREA:
Blocks 25 and 26, 27, 28 , 29 , 30, 31, 32, and 33 and. 48
all in Plat "G", Salt Lake City Survey, also the Southeast
Quarter of the Southeast Quarter of Section 32, Township 1
North, Range 1 East , Salt Lake Base and Meridian and the
Southwest Quarter of the Southeast Quarter of Section 32,
Township 1 North, Range 1 East , Salt Lake Base and
Meridian, Together with all other pieces and parcels of
land not particularly divided in Section 14, Township 1
North, Range 1 West , Salt Lake Base and Meridian.
BOUNDARIES:
North - 7th Avenue
South - 3rd Avenue
East - Virginia Street
West - "N" Street
The assessments hereby levied are for the purpose of paying
the cost of constructing improvements on certain streets within
said district consisting of street paving, construction of a
drainage system, curb and gutter where it does not now exist ,
driveways from the new curb and gutter to the street edge of
sidewalks , the condemnation and acquisition of any property
necessary to make such improvements , and the completion of any
other miscellaneous work necessary to complete the improvements
in a proper and workmanlike manner. Said improvements are more
particularly described in the assessment list for said Curb and
Gutter Extension which list has been incorporated herein by
reference and made a part of this ordinance. W
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Said assessments are hereby levied and assessed upon each
of the blocks, lots , parts of block and lots, tracts or parcels
of real property described in the assessment list according to
the extent that they front or abut on or are adjacent - to the
street mentioned in said assessment list and are specially
benefited by the improvements thereon. Said assessments are
levied upon the land and lots in said Curb and Gutter Extension
which abut or are adjacent (one lot only in subdivided areas) to
the street or streets which have been improved in said District,
and at equal and uniform rates . An allowance on said
assessments has been made for corner lots so that they are not
assessed at full rate on both streets.
The total cost of the improvements in Salt Lake City, Utah
Curb and Gutter Extension No. 38-533 is $458,088.21, of which
total cost , the City's portion is $175,091.55 general and
$97 ,618 .66 to be paid by the City as an abutting property owner
for the City Cemetery. The City's portion for said Curb and,
Gutter Extension includes that part of the overhead costs for
which an assessment cannot be levied, if any, and the cost of
making improvements for the benefit of property against which an
assessment may not be levied, if any. The balance to be assessed
to the owners of property affected or benefited by the
CW
improvements in Curb and Gutter Extension No. 38-533 is
• $185 ,378 .00, which is the total amount of the assessment hereby �
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levied for said District and which does not exceed in they
aggregate the sum of: (a) the- total contract price for :
the improvements under contract duly let to the lowest and ,
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aggregate the sum of: (a) the total contract price for the
improvements under contract duly let to the lowest and best
responsible bidders therefor; (b) the reasonable cost of
utility services , maintenance, labor, materials , or equipment ,
if any; (c) the property price, if any; (d) the interest on any
interim warrants issued against the District ; and (e) overhead
costs not to exceed fifteen percent (15%) of the sum of (a) , (b) ,
and (c) . The total assessment for said Curb and Gutter
Extension No. 38-533 is levied at the following rates:
RATE PER
RATE NO. IMPROVEMENTS FRONT FOOT
1 Curb & Gutter, 16 ' $29 . 73
Paving & Misc.
2 (Protested out)
3 Curb & Gutter, 16 ' $36 . 55
Paving, 4' Walk & Misc.
4 Curb & Gutter, 15 ' $29 .21
Paving & Misc.
5 Curb & Gutter, 14' $28 . 69
Paving & Misc.
6 13 ' Paving & Misc. $21.09
7 Curb & Gutter, 13 ' $28 . 17
Paving & Misc.
Section 3. The assessment list made by the City for the
property in Salt Lake City, Utah Curb and Gutter Extension No..
38-533 as corrected, approved, equalized and completed by the
Board of Equalization and Review, is hereby confirmed and the CC,a
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assessments made and returned in said completed list and the
report , recommendations and decision of the Board of
Equalization and Review to the City Council of Salt Lake City,
Utah, are hereby ratified, approved and confirmed.
Section 4. This tax is levied and assessed at equal and
uniform rates on such property. Land and lots which abut upon
the streets identified in the Notice of Intention, or are
adjacent thereto shall be assessed to a depth of twelve (12)
rods back from the property line of the street or streets upon
which they abut or to which they are adjacent (one lot only in
subdivided areas) .
Section 5 . 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
thirteen percent (13b/) per annum from the effective date of this
Ordinance until due, provided, however, that the interest rate
on assessments shall be adjusted to the net effective rate of
the Assessment Bonds to be issued as of date of said bonds .
• Interest shall be paid in addition to the amount of each such
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installment annually at the time each installment becomes due. a
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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 15% 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 15% 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
e,
• same manner as if default had not occurred. (In
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Section 6 . The City Council of Salt Lake City, Utah, does
hereby reaffirm the creation of a special improvement guaranty
fund and shall at the time of each annual appropriation
ordinance, so long as any special assessment bonds of Salt Lake
City remain outstanding, transfer to said fund each year such
amount as a tax levy of one mill will produce, either through a
levy of a tax of not to exceed one mill in any one year or by the
issuance of general obligation bonds or by appropriation from
other available sources , for the purpose of guaranteeing to the
extent of such fund the payment of special assessment bonds and
interest thereon issued against local improvement districts
for the payment of local improvements therein, all in the manner
and to the extent provided by the laws of the State of Utah.
Section 7 . 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 8 . All ordinances or parts thereof in conflict
with this ordinance are hereby repealed.
Section 9 . 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
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• for that purpose. Said ordinance shall be published once in the
Deseret News , a newspaper published and having general
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circulation in Salt Lake City, Utah, and shall take effect
immediately upon its passage and approval and publication as
required by law.
Section 10. The City Recorder is hereby authorized and
directed to file a copy of the assessment ordinance within five
days from the date hereof in the Salt Lake County Recorder' s
office. If the assessment ordinance incorporates the
assessment list by reference, the City Recorder is further
directed to file a copy of the final assessment list with the
Salt Lake County Recorder.
PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKE CITY,
UTAH, this 5 day of � 3y , 1981.
Nm
Chairman
ATTES
Ci ecorder
( S E A L )
c,
CMS
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ADM-35A
Affidavit of Publication
STATE OF UTAH,
SS.
County of Salt Lake �e
ORDINANCENO.4,1f12 --- — Sh ana tea CC)nat
AN O DINANCE confirminst if�e asfeotsment rolls and ..... f
levYj -e tax providing tar the ass. enY of property
in ke City,Utah Curb and Gutter Ex anion No.
38- _ (i the purpose of 00 ling tho'costs of construct-
ing improvements on c#rta n stree+s,wItln sold dls-
t ict.consisting of street.,, avingr IN
on of a
drra) �'stern, curb a yyalt �s „et Being first duly sworn, deposes and says that he is leg.
.Iris st,drivewa s�ttorrr.the negutter
to 0ge of$=alks,the �on and advertising clerk of the DESERET NEWS, a daily
,of-any property n sear 'tq f7lake such
i. atxf%e c�xn atlas ofYpn mis- (except Sunday) newspaper printed in the English
ce� �nec#ssarY eom let .t 4i prove-
r�.and Wor ma a- ;, roof- language with general circulation in Utah, and
fir ablishment` a sppcI aa Avament
ani!'astabti�ri6 file a`Y �data of published in Salt Lake City, Salt Lake Count in the
r�q. p Y� y,
B C)Et t(E Y NT CITY COUNCIL OF SALT State of Utah.
LAKE' LL LA COUNTY,UTAH:
i City ncll of Salt Laka City,Utah hereby
conffr s" m t roll as approv bY,M0 ioard of
Equal on .evleiv for Salt Lake CI the findings Curb and
GuttBr-, fits o: and ereby rmss t That the legal notice of which a copy is attached hereto
38!533, h a
of the- E if Lion and Re low }fie proposed Iist
of ass# sa u lzed by th .Boat! Equalization and
Rev ig a Gutter�x tant8 s I acid equita-
ble; ot„'ro.ety wijh Curb n Gutter notice Cat SF n e #4 o 1982 (Curb & Ctl'�teT
Ex i `bee if1 an, not t - `than the
asse fik ev� lt�t rty,1:qqd that no
Piece- - Yam+ st `i - ears t bet WIII" or more
than I loinvo a of the co t,qq��.8uch 1,proVer>tents.
�Tflfl".Couttell fifatr`. a a City,.Utah doesExtension #38
'
herebl! to.E d; $se.W uPb hr a re.,Prgperty de- ........................................... ...................................................................
scri
slon
No.of 31-ill t �t Or,n s le of Cjr� e; o
raElot,part
b ' sin lot,part
n described
shall ( A t set forthbi .0 ,which is ...............................................................................................................
No.3B [ a menu lay ed u eac
hereby t„ Ya by.rr 'r � t it this
assess to ba,. tKaCc with the
assessni#ri f �La , f Curb'11 'Gutter Ex-
tension Nq, _ '533raw)thi -tll# ollog descri or ea and
boundaries"' ...............................................................................................................
61R ,,2
7 28;'29, 3,32,and 33 and 48
all In < S.IYLa�Ce City S t�Y,.elso the South-
east' l the Southeast uarter 0{ Section 32, ...............................................................................................................
Town h,Range 1 East,Salt Lake Base and
Quartet- S i�32m•Town�shlpt lr n orlthn Range i
one,p$41 .s" ass a era�w pegr��(aw rlwit h 111 was published in said newspaper on........ # .«.. �?,.. +� .....
ed in Section 14,Township 1 North,Range T West,Salt
Lake Be `and Meridlan.
BOU DARIES:
No' -7th Avenue ..................`...ti...................... .....................
East-Virginia Street uth-3rd Avenue q { 4, e
We -'IN"Street ., �.1,
The assessments hereby levied are for the Purpose of pay .......................................::......... .................................)...............
in
g the cost��f constructing improyerrienfs on certain streets
within said dfbtrict consisting movements
paving construction of Legal Advertising Clerk
a drainage system, curb and gutter where it does not now
exist, driveways from the new curb and gutter to the street
edge of sidewalks, the condemnation and acquisition of any
property 'neclssary to make such Improvements, and the
completion, any other misceilanequ'a work necessary to e.
complete the'improvements in a Proper and workmanlike 20th
manner. Said,improvements are more particularly described efore me this ................................... day of
in the assessment list for said Curb and Gutter Extension
which list has been incorporated herein by reference and
made a part of this ordinance. A,D. 19.82
Said assessments are hereby levied and assessed upon .......... ......
each-of the blocks, lots,'parts of blocks and lots, tracts or
parcels of real property described in,the assessment list ac-
cording to the extent that they front or abut on or are adiacent
to the stray mentioned in said assessment list and are special-
ly benefite8 by the improvements thereon.Said assessments
are levied upon the land and lots in said Curb and Gutter
Extension yvh h abut or are adiacent.(one lot only in subdi-
vided areas)fo thestreet or streets which have been Improved ,
in said District,and at equal and uniform rates.An allowance ... ........ ...... .... .
on said assessments has been matte for corner lots so that Notar I�Ub 1C
they are not assessed at full rate on both streets. y
The total B�oost of the improvements in Salt Lake City,Utah
Curb and Gutter Extension No.,38.533,ls$458,086.21,of which
total cost-the City's portion is $175,091.55 general and$97,-
01,66 to-tie paid by the City as an abutting property owner for
the City,Cematary.The City's portion for said Curb and Gutter
Exteo%n includes that part of the overhead costs for which
an assessment cannot be,levied,if any,and the cost of making
improvements for the benefit of property against which an
assessment troy not be levied, if any.The balance to be as-
sessed to the,owners of property affected or benefited by the
improvements in Curb and Gutter Extension'No. 38-533 is
1$185,378.00,which.is the total amount of the assessment hereby
levied for will blstrict and which does not exceed In the ao-
",'gregate the,som of: (a) the total contract price for the im-
ptovemeMs uf�dar contract duly,let to the lowest and aggre-
gate fhe gultt�f: (saall)the total contract price for the Improve
bel biddetl�refotct(b)tfiefr a „so bbleeecosand best
tyeeseorvic-
e�maintegartce, labor,,ma�rials,or equipment, if any; (cj
r the property�sric�r if env; (d) the 1„tarest a y;( talm
warrants issuetl against the pl riot ) 4atfs
1" not t ex ;�,- verca„t ib ? `, tip,datd
y. Rah Na. Improvembtts FNDt'Fgof
1 Curb&Gutter,16, f9/.n
P�pp•vire8 MoysO�
3 Curb Lg(12f16' �'SNAS
Pay7Dy d'Witi a mi..
d Curb&Gutter,1Y $39.21
n Pavlrq&mi..
5 Curb&a Miesr,id' sn-69
Paim 6 13'PaVin9&MISC. S21.09
7 Curb&Gutter,13' S".17
Pavy Section 3.Tle asseng IS ssment
h list made by the City for the
N 3&537 855eo 1e21'0 to YpX'M,equalizes aadR umPlo¢tl by
the Board of Equalization and Review,Is hemtD fl,med
and the assessments mad.and returned in said completed list
antl the report,nex ommeMations and decision ofthe Board of
Equalization and Review to me City Council of Salt take City,
Utah,are hereby ratified,approved and confirmed.
Sect.d.This lax is olpe¢vied and assessed alunifowe4ual and
umnrtherates
streetsnI=tisuchflee in the NNootceaoff Intenflono r erc
aaiscent thereto shall be assessed to a depth o twelve(12)
which meerrabut a to wfiich tZy aretaaddia ent(orrM e lot only in
subdivided areas).
said Special The whole
oistr any
mraof
be oaidawitlaui infeor
tive-Z,Partt of(the asssessment this
Paid wlthinnssucthsfI den
(IS)day perlod shall W payable over a period rot to exceed
(10I(10bsttantially Must effective
frn al¢instaliments°wi h Interest ton
the unpaid balance of the assessment at the rate of thirteen
fectpercent(ti�s)iie eProvlded.fn°o`w"evherematitne intete rest rotenone- _
assessments shall ce adlusted to ins net effective rate o the
Assessment Bonds to be Issued as of date of said bonds.Inter.
est shall be paid in oddllion to the amount of each such install-
ment annually at the time each installllmaent becomes due.At-
far said lrevieGSagainst a;nxi,ecle of procertyInstal(but o of�n
their entirety aY be Paidprprior to the dates on which rhey
become ti—I amount.-I to Me Inteiest whictmi uswtulld acRue ndlhe
assessment to an,the next succeeding date on which Interest is
loa-
"onaofle on the c0lectionyy'Pezlaof the assessment entssplussued suchnaddlitional
tna sure theaval the labili insv of monevl to PaV Treainterturerisison ins spay
clef Improvement bonds as interest becomes due and any
P hlchumay becealled in order
out�ize der redeemable
bonds
Paid'n advance.
Default In teas pavment of any installment of principal or
interest when due shall cause the whole of the unpaid Prind-
Pal and'interest to become due ant PayaDl¢immMlafely,ant
Me wnol¢a mount of the u Pale DrindPal shell thereafter
draw interes at me rate of is%Par a num until paw,but at
any
time Prior to the date of sale or foreclosure the owner
May
Pay the arteunt o all unro¢id installments pssl tlue,wtm
Mmerest at the rate of 15%per annum to sate of ceyment on
e tlelinquMr instalments,antl all approved costs,and shall
mereupon be restored to the right thereafter to pav In install.
menu in the same manner as if default had nor occurred.
Section 6.The CRY Council of Salt Lake City,Utah,does
j hereyyby reaffirm the creation of a soecial Improvement guar-
am lnance.so to nil at the
ytsipm�a of
tyassessment appropriation
of Salt
Lake CIIV remain ouistansinp,or
for to said fund each veer
such amount as a tax law of one mill will Produce,either
through a levy of a tax of not to exceed one mill in env one
r by the Issuance o general obligation Dorris or by
appropriation from otnrr available sources,for the purpose of
t guaranteeing to the extent of such fund the Payment of Soecial
assessment bonds d Interest
ttathereon i sued against local
impm, is
th efts allnindmerimannertand to inetextent Plrovided by In
laws of the State of Utah.
Section 7.The officials of Salt lake City,Utah,are hereDY
authorized antl directed to take all action necessary ant so.
1 Proprlate to effectuate the Provisions of this ordinance.
Section S.All ordinances or Parts thereof in conflict with
I, this ordinance are hereby roweled.
Section 9.An emergency N MIebY declared,the prreserr ia.
Lion of peace,health antl safety o Salt Lak¢Cit ff
1 hoolumh thereof so requiring.Immediately after Its adoption,
this ordinance shall be signed by the Chairman and City Re-
corset and shall Pa recorded In fhe ordinance book kept for
r that Wrpose.'Said ordinance shall be Published-Once In the
Deseret News, paper Published and
having;general
circulation in Sal Let a City,Utah,a d Mall take effect
Immediately
m dab Zia pots Its Passage and approval and Publication as
reodirected to file a WM not m Recorder
ent ordinance hereby authorized
five
doyss from the date hereof in me Salt Lake County Recorder's
oft'mono'list by referennce,e,Rio,C tyI Recorder ispfurtheer direcf1M.
Ills a coOv of the final assessment list with the Salt Lake Coun-
ty Recorder.
SALT�LAKE CITY,UTAH this Still daD BY y of Ja InwrY COUNCIL Of
Sydney R.Fonnesbeck
ATTEST: Chairman
K�etlyhryn Marshall
(SEARar ,