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078 of 2008 - Confirming the modified and equalized assessment lists & levying an assessment against properties in 0 08-1 Q 07-4 ORDINANCE NO. 78 of 2008 AN ORDINANCE CONFIRMING THE MODIFIED AND EQUALIZED ASSESSMENT LISTS AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE "SALT LAKE CITY, UTAH SIDEWALK REPLACEMENT SPECIAL IMPROVEMENT DISTRICT 2005/2006, 2006/2007 FY JOB NO. 102136" (THE "DISTRICT"), FOR THE PURPOSE OF PAYING A PORTION OF THE COSTS OF THE INSTALLATION OF CONCRETE SIDEWALKS, DRIVEWAY APRONS, CURB, GUTTER AND ASPHALT TIE-INS, APPURTENANCES AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER 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 District, together with related costs, have been determined. Section 2. Approval of Assessment List; Fin dings. 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 list for the District, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (the "Assessment List"). The Council has determined that the Assessment List, as adjusted and equalized, is just and equitable; that each piece of property to be assessed within the District will be benefited in an amount not less than the assessment to be levied against said property; and that no piece of property listed in the assessment list will bear more than its proportionate share of the cost of 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 constructing the Improvements in a proper and workmanlike manner. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List according to the extent that they are specially benefited by the Improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. DMWEST#6697736 v2 3 . Section 4. Cost of Improvements., Amount of Total Assessments. The total cost of the Improvements in the District is $1,372,225.18, including allowable related expenses. Of this total cost, the City's portion is $772,473.82. The City's portion for the District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making the Improvements for the benefit of property against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by the Improvements in the District is $599,751.36. That amount does 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 District, 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 District is levied in accordance with the method set out in the Notice of Intention pertaining to the District. The applicable rate for each property was determined based on costs as set out in the preceding Section. Section 6. Payment of Assessments. (a) The whole or any part of the assessments for the District may be paid without interest within twenty-five (25) days after this Ordinance becomes effective. Any part of the assessment 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 installments, plus interest accruing thereon. 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 District. After issuance of the Bonds the interest rate on unpaid assessment balances (unless delinquent rates apply) shall be the same rate as the net effective interest rate of the Bonds. The first assessment installment payment due date shall be on or about April 1, 2009, 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 DMWEST#6697736 v2 4 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, shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable. In lieu of accelerating the total assessment balance when one or more assessment installments become delinquent, the City may elect to bring an action to collect only the delinquent portion of the assessment plus interest at the Delinquent Rate and Collection Costs. Upon any default, the City Treasurer shall give notice in writing of the default to the owner of the property in default as shown by the last available equalized assessment rolls. Notice shall be effective upon deposit of the notice in the U.S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls for the City or on the official ownership records of the City. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing together with accrued interest at the regular rate plus costs as determined by the City Treasurer. If the City elects to use the enforcement remedy involving acceleration, the Notice shall also declare that after the thirty (30) day period the City shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with Collection Costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the City may commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. If the City elects to utilize the trust deed enforcement remedy, the City Attorney shall designate a trust deed trustee for purposes of the enforcement action. If at the sale no person or entity shall bid and pay the City the amount due on the assessment plus interest and costs, the property shall be deemed sold to the City for these amounts. The City shall be permitted to bid at the sale. The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the City of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of foreclosure sale. Section 8. Remedy of Default. If prior to the final date 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 DMWEST#6697736 v2 5 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. After the expiration of the 30-day period provided in this section: (a) The Bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and (b) 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 District. Said notice shall, among other things, state the amount of the assessment and the terms of payment. A copy of the form of notice of assessment is available for examination upon request at the office of the City Recorder. DMWEST#6697736 v2 6 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 or the Chief Deputy 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. DMWEST#6697736 v2 7 • • PASSED AND APPROVED by the City Council of Salt Lake City, Utah, this September 30, 2008. (SEAL) 400,01, .,.,**4 << CITY +,R+ \jUUL' " s` Chair II4G ') a !i 'n ATTEST: C�'°ORASP By: City ecorder DMWEST#6697736 v2 8 The City Treasurer was thereupon authorized to mail to the property owners in the District the foregoing notice of special assessment as hereinbefore provided. After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded, and carried, adjourned. (SEAL) ,, CITY\• P t\t, \\kkj(i LQA1\-4 -_;/ y~ 9,y.\+', By: 0;,4 's.' u ,• :* , Chair fr ATTEST: iv • kPORA' ; By: CkuAti,46„- ' ` to kx_.,___ City ecorder - DMWEST#6697736 v2 9 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on this r , 2008. Off - C01 By: ailikie/ti\L' Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this September , 2008. /, 1/4 Ralph Becker Mayor DMWEST#6697736 v2 10 STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Chris Meeker, the duly appointed and qualified Deputy City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of the record of proceedings had by the City Council of Salt Lake City, Utah, at its meeting held on September 30, 2008, insofar as the same relates to or concerns the "Salt Lake City, Utah Sidewalk Replacement Special Improvement District 2005/2006, 2006/2007 FY Job No. 102136" (the "District") as the same appears of record in my office. I further certify that the Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on September 30, 2008. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this September 30, 2008. (SEA _ < C TM� r , i1lin' '11111 . A'; Deputy ity Recor er DMWEST#6637736 v2 11 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss. NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I, Daniel A. Mule, the duly appointed and qualified City Treasurer of Salt Lake City, Utah, do hereby certify that on October 7, 2008, I caused to be mailed a Notice of Assessment to each property owner in the "Salt Lake City, Utah Sidewalk Replacement Special Improvement District 2005/2006, 2006/2007 FY Job No. 102136" (the"District") by United States Mail, postage prepaid, at the last known address of such owner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Utah this October l S , 2008. By: O(0A,14,ca i Z . 7ktu.:ea� City Treasurer DMWEST#6697736 v2 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 September 30, 2008, was published one time in the Deseret News. DMWEST#6697736 v2 13 EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Chris Meeker, the undersigned Deputy 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 September 30, 2008, 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 September 26, 2008, 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 September 26, 2008, at least twenty-four(24)hours prior to the convening of the meeting. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this September 30, 2008. (SEAL CIT��+� )4e,k,„_ ;07-4A' . . 1'� _ City Rer . w_�. 31°�s a'i�f .lo \�Rp�RA'�5�'� DMWEST#6697736 v2 A-1 SCHEDULE A NOTICE OF MEETING DMWEST#6697736 v2 A-2 t e . EXHIBIT B ASSESSMENT LIST [Available for review at the offices of the City Recorder or City Engineer] DMWEST#6697736 v2 B-1 EXHIBIT C MODIFICATIONS RECOMMENDED BY BOARD OF EQUALIZATION AND REVIEW (See Transcript Document No. DMWEST#6697736 v2 C-1 Salt Lake City, Utah September 30, 2008 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, September 30, 2008, 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 Jill Remington-Love Chair Carlton Christensen Vice Chair Soren Dahl Simonsen Councilmember K. Eric Jergensen Councilmember Van Blair Turner Councilmember Luke Garrott Councilmember JT Martin Councilmember Also present: Ralph Becker Mayor Edwin P. Rutan, II City Attorney Chris Meeker City Recorder Absent: After the meeting had been duly called to order and after other matters not pertinent to this ordinance had been discussed, the Deputy City Recorder presented to the City Council a Certificate of Compliance With Open Meeting Law with respect to this September 30, 2008,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 Special Improvement District 2005/2006, 2006/2007 FY Job No. 102136" (the "District"), presented to the City Council its report and stated that it had reviewed statements, comments and complaints on each property in the District as listed in the minutes of the hearings of the Board held on June 24, 25, and 26, 2008. The following Findings, Recommendations, and Decisions were then presented to the City Council by the Board: DMWEST#6697736 v2 1 FINDINGS It is the finding of the Board that each piece of property within the District will be directly or indirectly benefited in an amount not less than the assessment to be levied against said property. No piece of property listed in the adjusted assessment list will bear more than its proportionate share of the costs of such improvements. RECOMMENDATION AND DECISION It is the decision of the Board that the proposed assessment list, as adjusted, is equitable and that the improvements being financed thereby constitute a benefit to the properties to be assessed. The assessment list is approved subject to the following modifications: See Exhibit C The Board respectfully recommends that the City Council approve and confirm the assessment list as adjusted and adopt an ordinance levying the assessment set out in the adjusted assessment list. 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 property owner's property. Motion was then made by Councilmember Christensen and seconded by Councilmember Simonsen that the City Council accept the Recommendation and Decision of the Board regarding the proposed assessments to be levied within the District. The motion carried unanimously. The Deputy 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 District. The following Ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember Christensen and seconded by Councilmember Simonsen, 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 Deputy City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows: DMWEST#6697736 v2 2