044 of 2009 - Sidewalk replacement #102145 & Lyman Court #102146 SAA 0 09-1
Q 08-3
ORDINANCE NO. 44 of 2009
An ordinance confirming the equalized assessment list and levying an
assessment against certain properties in the Salt Lake City, Utah Sidewalk
Replacement #102145 and Lyman Court #102146 Special Assessment
Area (the "Assessment Area"), for the purpose of financing the cost of
certain infrastructure improvements consisting of sidewalk, pavement,
storm drainage, and water main improvements, and all other
miscellaneous work necessary to complete the improvements in a proper
and workmanlike manner (collectively, the "Improvements"); establishing
the effective date of this ordinance; and related matters.
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH,
AS FOLLOWS:
Section 1. Determination of Costs. All costs and expenses for the making of
the Improvements within the Assessment Area, 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 lists for Zone I and Zone II located
within the Assessment Area, copies of which are 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 Assessment Area 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 the
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 a portion of the costs
of acquiring or 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 Assessment Area. The
assessments are levied upon the parcels of land in the Assessment Area at equal and
uniform rates.
Section 4. Cost of Improvements; Amount of Total Assessments for Zone I
and Zone II.
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(a) Zone I: The total cost of the Improvements for Zone I in the
Assessment Area is $1,434,178.57, including allowable related expenses. Of this
total cost, the City's portion is $750,734.51. The City's portion includes that part
of the overhead costs for which an assessment cannot be levied, if any, the cost of
making the Improvements for the benefit of property against which an assessment
may not be levied, if any, and that portion of the total cost the City had agreed to
pay when the City designated the Assessment Area. The amount to be assessed
against property affected or benefited by the Improvements in Zone I of the
Assessment Area is $683,444.06.
(b) Zone II: The total cost of the Improvements for Zone II in the
Assessment Area is $219,447.27 including allowable related expenses. Of this
total cost, the City's portion is $135,147.19. The City's portion includes that part
of the overhead costs for which an assessment cannot be levied, if any, the cost of
making the Improvements for the benefit of property against which an assessment
may not be levied, if any, and that portion of the total cost the City had agreed to
pay when the City designated the Assessment Area. The amount to be assessed
against property affected or benefited by the Improvements in Zone II of the
Assessment Area is $84,300.08.
The total assessments for Zone I and Zone II 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 and operation, labor, materials, or equipment supplied by the City, if any;
(c) the price of purchasing property, if any; (d) connection fees, if any; (e) the interest on
any interim warrants issued against the Assessment Area, if any; and (f) overhead costs
not to exceed fifteen percent(15%) of the sum of(a), (b), and (d).
Section 5. Method and Rate. The total assessment for the Assessment Area is
levied in accordance with the methods set out in the Notice of Intention pertaining to the
Assessment Area. 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 Assessment Area
may be paid without interest within twenty-five (25) days after this Ordinance
becomes effective. Any part of the assessment levied in Zone I not paid within
such twenty-five (25)-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 and interest payments. Any part of the assessment levied in Zone II not
paid within such twenty-five (25)-day period shall be payable over a period of ten
(10) years from the effective date of this Ordinance in ten (10) substantially equal
annual principal and interest payments. Interest on the unpaid balance of the
assessment shall accrue at the rate of four and one-half percent (4.50 %) per
annum until and unless special assessment bonds (the `Bonds") are issued for the
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Assessment Area. 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. The first assessment installment payment
due date shall be on or about February 1, 2010, and subsequent installment
payments shall be due on each anniversary date of the first assessment installment
payment due 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 twenty-five (25)-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 that may be charged and become payable on
redeemable Bonds that 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
assessment installment when due, the City may (a) declare the delinquent amount to be
immediately due and subject to collection, or (b) 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,
may 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 Salt Lake County. 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
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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 that 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 that are
past due and delinquent with interest at the Delinquent Rate, plus all approved or required
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, shall be equal to and on a parity with the
lien for general property taxes, and shall apply without interruption, change of priority, or
alteration in any manner to any reduced payment obligations. The lien shall continue
until the assessment, reduced payment obligations, 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, 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 that 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 thirty (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 that
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.
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After the expiration of the 30-day period provided in this section:
(a) The Bonds issued or to be issued against the Assessment Area and
the assessments levied in the Assessment Area shall become incontestable as to
all persons who have not commenced the action provided for in this section; and
(b) A suit to enjoin the issuance or payment of the Bonds, the levy,
collection, or enforcement of the assessment, or to attack or question the legality
of the Bonds or assessments may not be commenced in this state, and a court may
not inquire into those 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
Assessment Area. 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.
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 the City Recorder and shall be recorded in
the ordinance book kept for that purpose. This Ordinance shall be published once in the
Deseret 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.
Section 15. Notice of Assessment Interest. The City Treasurer is hereby
authorized and directed to file a Notice of Assessment Interest with the Salt Lake County
Recorder within five (5) days after the twenty-five (25)-day prepayment period provided
in Section 6(a). Such Notice shall (1) state that the City has an assessment interest in the
assessment property, and (2) describe the property assessed by legal description and tax
identification number.
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PASSED AND APPROVED by the City Council of Salt Lake City, Utah, this
July 14,2009.
(SEAL)
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City R or er
APPROVED AS TO FORM
Salt Lake City Attorneys Office
Date 1—11'O'q
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The City Treasurer was thereupon authorized to mail to the property owners in the
Assessment Area 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.
(SEAL)
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City Recorder
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on this July Zf�►;"2009.
By:
air
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this July 20 , 2009.
Ra ph Becker
Mayor
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STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I, Chris Meeker, the duly appointed and qualified 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 July 14, 2009, insofar as the same relates to or concerns the "Salt Lake City, Utah
Sidewalk Replacement #102145 and Lyman Court #102146 Special Assessment Area"
(the"Assessment Area"), 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 July 14, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this July 14, 2009.
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City Recorder
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DMWEST#7148177 v3 11
STATE OF UTAH ) AFFIDAVIT OF MAILING
: ss. NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
I, Daniel A. Mul, the duly appointed and qualified City Treasurer of Salt Lake
City, Utah, do hereby certify that on I. 3 , 2009, I caused to be mailed a
Notice of Assessment to each property 1wn=r in the "Salt Lake City, Utah Sidewalk
Replacement #102145 and Lyman Court #102146 Special Assessment Area" (the
"Assessment Area"), 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, Utah this 9.ti a l , 2009.
By: ,624,4..e
City Treasurer
DMWEST#7148177 v3 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 July 14, 2009, was published one time in the Deseret News.
DMWEST#7148177 v3 13
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Chris Meeker, the undersigned City Recorder of Salt Lake City, 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 July 14, 2009, 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
July 10, 2009, 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 News on July 10, 2009, at least twenty-
four(24)hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice to be posted on the Utah Public
Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the
convening of the meeting.
In addition, the Notice of 2009 Annual Meeting Schedule for the City Council
(attached hereto as Schedule 2) was given specifying the date, time, and place of the
regular meetings of the City Council to be held during the year, by causing said Notice to
be (a) posted on January 1, 2009, at the principal office of the City Council, (b) provided
to at least one newspaper of general circulation within the City on January 1, 2009, and
(c) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current
calendar year.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
July 14, 2009.
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DMWEST#7148177 v3 A-1
SCHEDULE 1
NOTICE OF MEETING
DMWEST#7148177 v3 A-2
SCHEDULE 2
NOTICE OF 2009 ANNUAL MEETING SCHEDULE
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EXHIBIT B
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder or City Engineer]
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EXHIBIT C
MODIFICATIONS RECOMMENDED
BY BOARD OF EQUALIZATION AND REVIEW
(See Transcript Document No. _)
DMWEST#7148177 v3 C-1
Salt Lake City, Utah
July 14, 2009
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, July 14, 2009, 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 and
answering to roll call the following members who constituted a quorum:
Carlton Christensen Chair
JT Martin Vice Chair
Sit en Dahl Simonsen Councilmember
K. Eric Jergensen Councilmember
Van Blair Turner Councilmember
Luke Garrott Councilmember
Jill Remington-Love Councilmember
Also present:
Ralph Becker Mayor
Edwin P. Rutan, II City Attorney
Chris Meeker City Recorder
Absent:
None
After the meeting had been duly called to order and after other matters not
pertinent to this ordinance had been discussed, the City Recorder presented to the City
Council a Certificate of Compliance with Open Meeting Law with respect to this July 14,
2009, meeting, a copy of which is attached hereto as Exhibit A.
The Board of Equalization and Review (the "Board") for "Salt Lake City, Utah
Sidewalk Replacement #102145 and Lyman Court #102146 Special Assessment Area"
(the "Assessment Area"), presented to the City Council its report and stated that it had
reviewed statements, comments and complaints on each property in the Assessment Area
as listed in the minutes of the hearings of the Board held on April 28, 29, and 30, 2009.
The following Findings, Recommendations, and Decisions were then presented to
the City Council by the Board:
FINDINGS
It is the finding of the Board that each piece of property within the Assessment
Area will be directly or indirectly benefited in an amount not less than the assessment to
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be levied against said property. No piece of property listed in the assessment list as
adjusted herein, will bear more than its proportionate share of the costs of the
improvements in the Assessment Area.
RECOMMENDATION AND DECISION
It is the decision of the Board that the proposed assessment list, as adjusted by the
modifications shown in Exhibit C, 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 modifications shown on Exhibit C attached hereto.
The City Recorder is hereby authorized and directed to mail, at the property
owner's mailing address, a copy of the Board's final report to each property owner who
objected at the Board hearings to the proposed assessment to be levied against the
owner's property.
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 assessment list, as adjusted.
Motion was then made by Councilmember Love and seconded by Councilmember
Garrott that the City Council accept the Recommendation and Decision of the Board
regarding the proposed assessments to be levied within the Assessment Area. The
motion carried unanimously.
The City Recorder then noted that the City Council is now convened in this
meeting for the purpose, among other things, of adopting an Assessment Ordinance (the
"Ordinance") for the Assessment Area. The following Ordinance was then introduced in
writing, was fully discussed, and pursuant to motion duly made by Councilmember Love
and seconded by Councilmember Garrott, was 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 City Recorder in the official records of Salt Lake City, Utah.
The ordinance is as follows:
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