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065 of 1984 - Levying a Tax and for Assessment of Property in Lighting District No. 2 Q 83-5 SALT LAKE CITY ORDINANCE No. 65 of 1984 (Levying a tax and for assessment of property in Lighting District No. 2) AN ORDINANCE LEVYING A TAX AND FOR THE ASSESSMENT OF PROPERTY IN LIGHTING DISTRICT NO. 2 FOR THE PERIOD OF THREE (3 ) YEARS AND THE FURNISHING OF ELECTRICAL ENERGY THEREFOR. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the City Council of Salt Lake City does hereby levy the tax and provide for the assessment of the same upon the property described in the assessment list for Lighting District No. 2, which is hereby_ incorporated by reference and made a part of this ordinance, for the purpose of providing for the operation, maintenance and patrolling of incandescent, flourescent, mercury vapor and sodium vapor lamps and the furnishing of electrical energy therefor. 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. This tax is levied to defray the expense of providing for the operation , maintenance and patrolling of incandescent, flourescent, mercury vapor and sodium vapor lamps and the furnishing of electrical energy therefor, for a period of three (3 ) years and it is hereby adjudged, determined and established that said property will be specifically benefitted thereby to the L full amount of the tax herebv levied , and the cost of which operation, maintenance, patrolling and furnishing of electrical energy and the property benefitted thereby is hereinafter set out, and all within the boundaries of the lots, blocks and streets as set forth in the assessment list, for a period of three (3 ) years, according to the contract entered into for the performance of said work and making said improvements with Utah Power & Light Co. , and the City Treasurer is hereby authorized and directed to assess in accordance with the provisions of this ordinance for the purpose herein mentioned. SECTION 2. That the assessment list made by the City Treasurer, as corrected, approved and completed by the Board of Equalization and Review of the property described in said assess- ment list, in Lighting District No . 2 of Salt Lake City, for the purpose of providing for the installation, operation, maintenance and patrolling of incandescent, flourescent, mercury vapor and sodium vapor lamps and furnishing with electrical energy, is hereby confirmed, and the assessment made and returned in said completed lists and the report of the Board of Equalization and Review to the City Council of Salt Lake City are hereby ratified, approved and confirmed. The total cost of all services is $514 ,775.01 as determined by the City Transportation Engineer, of which the City's portion is $128,693 .76 and the remainder is to be paid as an assessment levied upon property fronting or abutting upon or adjacent to the -2- system to be serviced as set forth in the assessment list for Lighting District No. 2 above mentioned. SECTION 3. Said tax shall be payable in three (3 ) equal yearly installments, with interest on any delinquent installment at the rate of eighteen percent ( 18%) per annum, which interest shall be charged from and after the due date of each installment, to wit: One-third thereof fifteen days after the ordinance levying the tax for payment of the improvement become effective; one-third thereof in one year thereafter; one-third thereof in two years thereafter, provided however, that one or more of such installments in the order payable, or the whole tax , may be paid without interest within fifteen ( 15) days from the date the ordinance levying the tax becomes effective. Default in the payment of any such installment of principal or interest when due shall cause the annual payment of the unpaid principal and interest to become due and payable immediately and the delinquent amount of the unpaid principal shall thereafter draw interest at the rate of eighteen percent ( 18%) per annum until paid, but at any time prior to the date of sale, the owner may pay the amount of all unpaid installments due with interest, at the rate of eighteen percent ( 18%) per annum to the next installment date, together with all accrued costs, and shall thereupon be restored to the right thereafter to pay any installments in the same manner as if default had not been suffered . -3- SECTION 4. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 16th day of October , 1984. Cf�A AN ATTEST: TrVTY'RECORDER nsmitted to Mayor on October 16, 1984 Mayor' s Action: October 16, 1984 MAYOR ATTEST: RFECOMDER cm97 ,:Z4 (SEAL) ...................... Bill 65 of 19 84 By .......... ...................... Published: Nov-ember 30, 1984 -4- MATE OF UTAH t ` COUNTY OF SALT LAKE S ss ' --- Lynda Domino - - ------ — - ----- - — Chief Deputy,City Recorder of Salt Lake City,Utah, - ---- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do hereby certify that the attached. .is .a .full, .true, .and.correct.copy.of.Ordi nance.66. . from 1984.closing.Dresden .P.lace. .as .it.runs .from.900.East.at.approximately.525.Soutb.to approximately.975.East.and.authorizing.the.relocation .of.tbe.Salt.Lake.Jordan.Canal . Said ordinance was duly approved and accepted by City Council/Fxecv1dMAction of Salt Lake City,Utah,this . .6tb. . . . . . . . . . . day of. . .November. . . . . . . . . . . . . . . . . . . . .A.D. 19.84. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Utah, this. . .13th . . . . . . . . y . . .November. . . . . . . . A.D. da of. . Chief Deputy Ci Recorder of Salt Lake City, Utah Recorded at Requestofl:OUNDERSTiTLECOMPANY at .m. fee Paid t KATIE L.DIXON,Recorder,Salt LakeConnty,Utah. Entry No. I Date �5— • P 84-44 SALT LAKE CITY ORDINANCE No. r,ti. of 1984 (Closure of Dresden Place ) AN ORDINANCE CLOSING DRESDEN PLACE AS IT RUNS EAST FROM 900 EAST AT APPROXIMATELY 525 SOUTH TO APPROXIMATELY 975 FAST IN SALT LAKE CI-TY, AND AUTHORIZING THE RELOCATION OF THE SALT LAKE JORDAN CANAL IN SALT LAKE CITY , UTAH, WITH CONDITIONS SUBSEQUENT. RECITALS A. The City has received a request by Lancom, Inc. , as the agent for Vantage Corporation, known as Petition No. 400-191 of 1984 , requesting the. vacation of Dresden Place, the relocation of the Salt Lake and Jordan Canal , the redesign of a substitute street system, and the transfer of any portions of City property not within the street system or canal easement to Vantage. B. The City finds, after public hearing, that Dresden Place is not be needed for use by the public for vehicular thoroughfares if •the project is redesigned with a substitute street system as proposed. Conseauentiv,- approval of closure in lieu of vacation of Dresden Place, as ( it lies between 900 to 975 East at approximately 525 South, together with allowing (a) street redesign as a private street; (b) use under revocable permit of the Salt Lake and Jordan Canal for landscaping purposes under revocable permit, and transfer of surplus land not within the streets and canal easements for market value may be appropriate procedures in this instant with reservations of TO F0. 16) E3Y M- 8 certain easements and conditions subseauent. The closure of said street will not be adverse to general public's interest in thoroughfares, nor will it relinauish and terminate the City' s interest in the underlying property, without separate documents of transfer. C . It is the City 's intention upon closure of Dresden Place to make available , under separate document, the City's underlying property interest to the petitioner, subject to certain terms, conditions subsequent and reservations of appropriate easements. NOW, THEREFORE, Be -it ordained by the City Council of Salt Lake City, .Utah: SECTION 1 . Dresden Place, as it begins at approximately 525 South at 900 East and runs east and northeast to approximately 975 East, the subject of Petition No. 400-191 of 1984 , is more particularly described below. Said street is hereby CLOSED and declared no longer to be needed or available for use as ._a public street, but the title to the City's interest therein shall be reserved and retained by Salt Lake City Corporation until a formal conveyance under separate document contemplated hereunder: Street closure of Dresden Place running east at approxi- mately 525 South from 900 East: PARCEL NO. 1 . (Western leg of Dresden--16.5 feet by 210 feet. ) Beginning at a point which is 82 .5 feet north of ;t; the southwest corner of Lot 3, Block 28 , Plat B, Salt - Lake City Survey; and running thence East 214 .5 feet; thence North 19° 30 ' West 17 .504 feet; thence West 208 .657 feet; thence South 16 .5 feet to the point of beginning . \ -2- s Together with the following parcel: (Northeastern leg of Dresden--25 feet by approximately 360 feet. ) Beginning at a point which is 82 .5 feet North and 214 .5 t° c feet East of the southwest corner of Lot 3, Block 28 , ='` Plat B, Salt Lake City Survey; and running thence 14orth 62051 '02" East 48 .65 feet; thence North 50° 12 ' 05" East 351 .80 feet; thence West 43.82 feet; thence South 50 °12 '05" West 359 .212 feet; thence South 19*30 ' East 18.641 feet to the point of beginning . RESERVATIONS. Said closure is expressly made: SUBJECT TO all existing rights of ways and easements of all public utilities of an and ever description now located on, in, under or over Y Y p the confines of the above-described property; and ALSO SUBJECT TO the rights of entry thereon for the purpose of maintaining, '= altering, repairing , removing , or rerouting said utilities and all of them without any obligation to restore landscaping to the prior condition. Said closure is also made SUBJECT TO existing rights of ways or entries of private third parties. SECTION 2. , This ordinance, after passage, shall be published but shall not become effective until the following conditions have been satisfied: ( 1 ) Before any transfer may occur, the City must receive payment of the fair-market value of the property within the street, and arrange for the acquisition of the City' s abutting parcel through which the Salt Lake and Jordan Canal traverses, .- plus reimbursement of out-of-pocket appraisal fees born by the City. l 5 r -3- ( 2) The petitioner at its expense must design and construct to City engineering 's specifications, a substitute road system to ` replace the existing right of way. Said road improvements shall be bonded and constructed in the field at petitioner's expense. If the street is to remain a private cul-de-sac at the engineer's recommendation, the petitioner will be obligated to remove, at its expense, any signage and street lighting presently owned by the City. Easements shall be retained to provide access and services to any homes that are not removed by the petitioner, as part of its development project. ( 3 ) The existing Salt Lake and Jordan Canal is presently used for storm water, but Dresden Place contains existing 4 - services that will be needed to be used for sewer, water and other utilities. An easement over Dresden Place will be retained for the existing services. However, petitioner is authorized to t. propose the relocation of. such services, but it will be ,required to bear the costs therefore. Such easement shall be preserved as long as there are any existing homes on the street that are not demolished . (4 ) The petitioner shall be responsible to install all necessary watermains and hydrants, as approved by the Department of Public Utilities, as required for construction of such utilities in a private or public street. ( 5) The City shall reserve, along the length of the Salt Lake and Jordan Canal , an easement to provide continued use and -4- a f_ access to be respected throughout the proposed project. Said canal must be located in the field by the petitioner and charted for identification purposes. No structures or work shall be approved within the reserved easement. /'— SECTION 3. EFFECTIVE DATE. This ordinance, after the date of its first publication, shall not become effective until recorded with the recorder of Salt Lake County. However, the Salt Lake City Recorder is instructed not to submit this ordinance for recording until the Mayor verifies that the conditions subsequent have been satisfied or provided for by executed agreement. Upon verification of satisfaction of terms by the Finance, Public Utilities, and Engineering Departments, and the City Attorney, the Mayor may transfer the property to the petitioner pursuant to the terms herein and instruct the City Recorder to record the ordinance concurrently with the transfer documents. However, if the foregoing conditions are not completed within twelve ( 12) months from the date of passage, this ordinance shall be null , void , of no effect, and no recording thereafter shall occur. Passed by the City Council of Salt Lake City, Utah, this 6th day of November , 1984. CIA�-RMAN -5- ATTEST: ('CI RECORDER Tr n�s itted to Mayor on November 6, 1984 Mayor's Action: November 6, 1984 ' I MAYOR ATTEST: I RECO RDER • cm97 DIP 666 of 84 November 21 , 1984 -6- a - .. -..___ _.....-.._.........-.. .-.�-.....�.....,. ..-.,�.c..-r+r•a-'� :.+.:�s.r..� �.msn.'.r...)•sJ^as�'wia�S:.Y?n�z"•a ...�.��T�6`�.��yv`?'.' Affidavit of Publication nnm-3,n STATE OF UTAH, County of Salt Lake ss. ;ALT LAMB cw �ELE s ER ' E es,qtA at d 4HEA t .. exoff.....................................................E 4XAia1DaFOR INLIOHTINGORIN0I2FORHSCRHNGO�1 YEARS'ANDDTHE FU , GTHEREFOR.�y the CRyCaunsB of SoNb4lpy 111eh :.1.TtaT the CRV"Council of salt Ig CIN lox dprovl 'fortheassesameMdthsEpme'" p�senbedmmeaaa.aemem uaf rarudhit Being first dui sworn, deposes and says that he/she is ,D �'ya�kX k Web,In Me by refit nc! e, j Y ilal Hardinence,farmepar�dpr wlrror legal advertising clerk of the DESERET NEWS,a daily CW vapx aM:a umly Iu a ' newspaper printed in the English language bi lecirlcal eneryy alerWor.The assessments lev- n blorA,Id par er bluk or lot m«r o parcel d„ `. g with general G wsCrlUed.ht1116ein 111e gmed ad rar.1 In -, circulation in Utah, and Published in Salt Lake City, n'"Th Iskvbdtodehvytheexxnaeofprovlalnatarthe'.a' Salt Lake County,in the Stte of Utah. 'alt jirwlMenpnce anq nnpoftncan0esceM,floures } a9rV vapor antl s lam vapor lamps and ine iumish+,!, .' Ieallner V therefor,fur a period d three .wv wdayrbneftl�aedd er bYheto file N II _ That the legal notice of which a copy is attached hereto ., Me lax Mreby levied,and" cost d which rgfice potralydpord,_,hlnaofelech'IooleneroV- t rgerN 6ene11R9tl merobvlanerelnaMeSir ad,an r Salt Lake Cxt Ordinance No. 65 of 1984 WI •the 6oLpdarles of the Ids,blocks and Sir as er - .......•.••..••. Y................................................. 'farip .¢aseasmerH'Ili},for a period d mrx(31 vearo al w eik pyaId urerI hepov mMm�dls,:,' L.e in a tax and for assessment Of r0 ert ose Treasurer Is hereby a led and dl ..................1 ............................... �, n gacatlOnce wlth qr F....P.....Y alumosa nerem mo Iowa mow ov me clty;r' I 2.Than me assesameM Ilsf , x—.mr, torneckd,OWovegonawrm�yplefedb theBpara,�( ..............ing Lightin,DlstrlCt.No..•2 mof e ,in L and Raplhhtln9 Dlshlw of eii N0.2 of$ah Ldce CRY fod' the purpose of Wovldln for lnsrollallon,Operdlon,mgide- •••..•`••••`••••••••••••••••••••pp r.r nonce and pghdllnDdlncanwsceM,flouresceM,mercurVva--�' pot a0tl sodium vapor bmOs and fumishkq wlth eledrkal M-' "" ••...... er ,k hereby conNrmea ant ilia assessment made and ••••••••••••••••••••••.••••.•••••.•.............................. (�1gyw 0In aaltl rAmpleted Ilan and tlx report d ale Board m Ea i on and Revllw to me CIN Council d SOM Lake CRY tPe rglaind,approvatl and Connrmetl. • ............................................................................................ e Icosr of Il nervicesksIu ns.ol as aarermkletl oV ih!CthJ ronsporloNon F-nWneerr of which the Clty's par}loh Is $128,693.76 and me remalntlef k m bG pold as an assessment' '• kvled upon propeOv hominp or Obudlnyy upon or alkcem m vas published in said newspaper on.................................. ale sVskm to be serviced as sd form In me assessmem IM for LIq I�q Dlafi'I 1 NQQ.T above r1lon", SECTION 3.5610 tax shall be payable In three(31 eglgl a Ve IV I stall me Ith Intarost al y deli Wem I stall eM'-, - o�dMerobofelghke perceM(t8%Ipar=wNhim! st:� .......... ....Nizv,�lltY?P.r -3.4.a.,J.9.$.4................................... p! pad kgm qMI alter'the dy!dme AT each I atdl epyiN 70 NOrrG'mlamUf'eoFnneln BflVV M d(rwnc tk vl bm to fa'poyym mot'mp lmpr nv third areafI nevearth eoMer•'ate-thldth d ........................................�,;.�/L L:� C.� L. In two Yea nxreafk Providedh er one ar or d such lMbllmerw lr Meordtt Yoble,Mma lne may0e •.•"• •"•' •••� ••.... ado without Interest within ng!°en(, agYs f °m the dde me Legal d ve�t sing C� oral ace IGvylna the toz becomes a dlve. oo1{rrfpIpinaotareoitawnen Me aPe sno 1 c�uaa me onmmioi pavmrrdkrl�t a Niel alpteiv tllhs Ee11 nt mu�mihe ueryaWnapwMiouislnli theredkr.draw lyderest*t me Me d ao MenW pcerircem per mdum umll pold Wt at ady 1H prlor to the dale I sale, the owner mtlV ppV`!`!amount d all unpoid Irata"Mems due OnV SSE TION ThlaUelnnnte shnl�tak O ) n hs nrsr- �,1 Me next Ins(o11-1III dolor t0g1olt}�ar ,ate ledads.ln ma Some manrrel'ps N w� hgd not been p gerceM(II per—umm e pddI." ��y,��� t 1 ne this..............................Lath...............................day of Pgssspppp bym CINC uncll of SaR Lake "7r�•^v thl tent day apl6ctaber 198x - RoriblgJ Whlteheatl of T� 1r� CHAIRMAN D. 19..85.... KT7EST• hall � Y. 1 TMrocusna, �ro ( ftel ip MaYM gn Oddxr 16,1984 1 /i ATTEST s Actlom Oct9ber 16,198/ 1 _ - ' Tetl W Iho" 1 F MAYOR 1 •G �/ /2/.,L.�J: Lc:........................Ka—Mmshall 1 •••••••••••••••••••••••••••• PluTi blli hed,RDER Notary Public November 30,1904 p83d ^s March 1, 1988 -�A 'S ' F 13