085 of 2000 - assessment for Special Improvement District Project No. 101007 0 OU 1
Q 98-7
ORDINANCE NO. 85 of 2000
AN ORDINANCE CONFIRMING THE MODIFIED AND
EQUALIZED ASSESSMENT ROLLS AND LEVYING AN ASSESSMENT
AGAINST CERTAIN PROPERTIES IN THE IMPROVEMENT DISTRICT
KNOWN AS SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT
DISTRICT PROJECT NO. 101007 (THE "DISTRICT"), FOR THE
PURPOSE OF PAYING THE COSTS TO CONSTRUCT
IMPROVEMENTS ON CERTAIN STREETS IN SAID CITY INCLUDING
THE REMOVAL AND RECONSTRUCTION OF SIDEWALKS, CURB,
GUTTER, DRIVEWAYS,DRIVEWAY APRONS,STRIP PAVING AND
APPURTENANCES; THE CONSTRUCTION OF MINOR DRAINAGE
FACILITIES; \AND OTHER MISCELLANEOUS WORK WHICH IS
NECESSARY TO COMPLETE THE ABOVE IMPROVEMENTS;
REAFFIRMING THE ESTABLISHMENT AND PROVIDING FOR THE
FUNDING OF A SPECIAL IMPROVEMENT GUARANTY FUND;
ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE;AND
RELATED MATTERS.
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT
LAKE COUNTY, UTAH:
Section 1. Determination of Costs. All costs and expenses for the making of the
improvements within the District,together with related costs,have been determined.
Section 2. Approval of Assessment List; Findings. The City Council (the
"Council")of Salt Lake City,Salt Lake County,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 modified assessment roll for the District, a copy of
which is attached hereto as Exhibit "B" and incorporated herein by reference (the
"Assessment List"). The Council has determined that the Assessment List, as adjusted and
equalized,is just and equitable;that each piece of property to be assessed within the District
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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 3. Levy of Assessments. The Council hereby levies an assessment upon
the real property identified in the Assessment List. The assessments levied upon each parcel
of property therein described shall be in the amount set forth in the Assessment List.
The assessments hereby levied are for the purpose of paying the costs of the removal
and reconstruction of sidewalks,curb,gutter,driveways,driveway aprons,strip paving and
appurtenances; the construction of minor drainage facilities; and other miscellaneous work
UT DOCS A 1062235 v 1 3
which is necessary to complete the above improvements(collectively the"Improvements")
in a proper and workmanlike manner. Said improvements are more particularly described
in the Assessment List.
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.
Section 4. Cost of Improvements;Amount of Total Assessments. The total cost
of the Improvements in the District is$1,027,511 including allowable related expenses. Of
this total cost,the City's portion is$530,000.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. In addition, approximately $144,511 will be paid by the Public Utilities
Department of the City for drainage improvement. The amount to be assessed against
property affected or benefited by the Improvements in the District is $353,000. These
amounts do not exceed in the aggregate the sum of: (a)the total contract price or prices for
the Improvements under contract duly let to the lowest and best responsible bidder therefor
and a portion of the costs of engineering, designing and inspection; (b)the reasonable cost
of utility services,maintenance, labor,materials or equipment supplied by the City, if any;
(c) the property price, if any; (d) connection fees, if any; (e) the interest on any interim
warrants issued against the District; and (f) overhead costs not to exceed fifteen percent
(15%) of the sum of(a), (b), (c)and(d).
Section 5. Method and Rate. The total assessment for the District is levied in
accordance with the method set out in the Notice of Intention pertaining to the District. The
applicable rate for each property was determined based on costs as set out in the preceding
Section.
Section 6. Payment of Assessments. The whole or any part of the assessments
for the 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 of five (5) years from the effective date of this Ordinance in
five(5)substantially equal annual principal and interest installments. Interest on the unpaid
balance of the assessment shall accrue at the rate of eight percent(8%)per annum until and
unless special assessment bonds(the"Bonds")are issued for the District. After issuance of
the Bonds the interest rate on unpaid assessment balances (unless delinquent rates apply)
shall be the same rate as the net effective interest rate of the Bonds anticipated to be issued
by the City. The first assessment installment payment date shall be on or about November 1,
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2001. The remaining annual assessment installment payment dates shall be the anniversary
dates of the first assessment installment payment date. Interest shall accrue from the
effective date of this Ordinance. Each assessment installment shall include one year's
interest.
After the above-referenced fifteen- (15) 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 any special assessment 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 assessment bonds as interest
becomes due and payable plus any premiums which may be charged and become payable on
redeemable bonds which may be called in order to utilize the assessments paid in advance.
Section 7. Default in Payment. If a default occurs in the payment of any
installment of principal or interest,when due,the City may accelerate payment of the total
unpaid balance of the assessment and declare the whole of the unpaid principal and interest
then due to be immediately due and payable. Additional interest shall accrue and be paid on
all amounts declared to be delinquent or accelerated and immediately due and payable at the
same rate as is applied to delinquent real property taxes for the year in which the assessment
installment becomes delinquent(the "Delinquent Rate"). In addition to interest charges at
the Delinquent Rate,costs of collection,including attorneys fees and court costs("Collection
Costs"), as determined by the City Treasurer or required by law shall be charged and paid
on all amounts declared to be delinquent or accelerated and immediately due and payable.
In lieu of accelerating the total assessment balance when one or more assessment
installments become delinquent, the City may elect to bring an action to collect only the
delinquent portion of the assessment plus interest at the Delinquent Rate and Collection
, Costs.
Upon any default, the City Treasurer shall give notice, in writing, of the default to
the owner of the property in default, as shown by the last available equalized assessment
rolls. Notice shall be effective upon deposit of the notice in the U.S.Mail,postage prepaid,
and addressed to the owner as shown on the last equalized assessment rolls for the City or
on the official ownership records of the City. The notice shall provide for a period of thirty
(30) days in which the owner shall pay the installments then due and owing together with
accrued interest at the regular rate plus costs as determined by the City Treasurer. If the City
elects to use the enforcement remedy involving acceleration, the Notice shall also declare
that after the thirty(30) day period the City shall accelerate the then unpaid balance of the
principal of the assessment to be immediately due and payable together with Collection
Costs and interest on the entire unpaid balance to accrue from the date of delinquency at the
Delinquent Rate. Thereafter,the City may commence foreclosure proceedings in the manner
UT DOCS A 1062235 v 1 5
provided for actions to foreclose mortgage liens or trust deeds. If the City elects to utilize
the trust deed enforcement remedy,the City Attorney shall designate a trust deed trustee for
purposes of the enforcement action. If at the sale no person or entity shall bid and pay the
City the amount due on the assessment plus interest and costs,the property shall be deemed
sold to the City for these amounts. The City shall be permitted to bid at the sale.
The remedies provided herein for the collection of assessments and the enforcement
of liens shall be deemed and construed to be cumulative and the use of any one method or
means of collection or enforcement shall not deprive the City of the use of any other method
or means. The amounts of accrued interest and all costs of collection shall be added to the
amount of the assessment up to the date of foreclosure sale.
Section 8. Remedy of Default. If prior to the final date payment may be legally
made under a final sale or foreclosure of property to collect delinquent assessment
installments, the property owner pays the full amount of all unpaid installments which are
past due and delinquent with interest at the Delinquent Rate,plus all approved or required
costs,the assessment of said owner shall be restored so that the owner will have the right to
make the payments in installments as if the default had not occurred.
Section 9. Lien of Assessment. An assessment or any part or installment of it,
any interest accruing and the penalties and costs of collection shall constitute a lien against
the property upon which the assessment is levied on the effective date of this Ordinance.
Said lien shall be superior to the lien of any trust deed, mortgage, mechanic's or
materialman's lien or other encumbrance and shall be equal to and on a parity with the lien
for general property taxes. The lien shall continue until the assessment and any interest,
penalties and costs on it are paid,notwithstanding any sale of the property for or on account
of a delinquent general property tax, special tax or other assessment or the issuance of a tax
deed, an assignment of interest by the governing entity or a sheriffs certificate of sale or
deed.
Section 10. Special Improvement Guaranty Fund. The City does hereby reaffirm
the creation of a special improvement guaranty fund (the "Guaranty Fund") and shall
annually, so long as any special assessment bonds of the City remain outstanding, transfer
to said fund each year such amount as shall equal the amount that a tax levy on all taxable
property located within the City at the rate of.0002 will produce,either through a levy of a
tax of not to exceed .0002 in any one year or by the issuance of general obligation bonds or
by appropriation from other available sources. The Guaranty Fund shall include an
allocation of ten percent (10%) of the outstanding Bonds of this District, but the entire
available balance in the Guaranty Fund shall be 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. When the Guaranty Fund has a
UT DOCS A 1062235 v 1 6
balance equal to ten percent (10%) of the Outstanding Bonds of this District plus an
allocation as required by the assessment ordinance for each of the other City special
improvement districts with bonds outstanding, the funding requirement will be deemed to
have been met and future funding or transfers will not be required unless the balance drops
below the aggregate allocation level.
Section 11. Contestability. No assessment shall be declared void or set aside in
whole or in part in consequence of any error or irregularity which does not go to the equity
or justice of the assessment or proceeding. Any party who has not waived his objections to
same as provided by statute may commence a civil action against the City to enjoin the levy
or collection of the assessment or to set aside and declare unlawful this Ordinance.
Such action must be commenced and summons must be served on the City not later
than 30 days after the effective date of this Ordinance. This action shall be the exclusive
remedy of any aggrieved party. No court shall entertain any complaint which the party was
authorized to make by statute but did not timely make or any complaint that does not go to
the equity or justice of the assessment or proceeding.
After the expiration of the 30-day period provided in this section:
(a) The special assessment bonds issued or to be issued against the
District and the assessments levied in the District shall become incontestable as to
all persons who have not commenced the action provided for in this section; and
(b) No suit to enjoin the issuance or payment of the bonds, the levy,
collection or enforcement of the assessment, or in any other manner attacking or
questioning the legality of the bonds or assessments may be instituted in this state,
and no court shall have authority to inquire into these matters.
Section 12. Notice to Property Owners. The City Treasurer is hereby authorized and
directed to give notice of assessment by mail to the property owners in the District. Said
notice shall, among other things, state the amount of the assessment and the terms of
payment. A copy of the form of notice of assessment is available for examination upon
request at the office of the City Recorder.
Section 13. 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 14. Repeal of Conflicting Provisions. All ordinances or parts thereof in
conflict with this Ordinance are hereby repealed.
UT DOCS A 1062235 v 1 7
Section 15. Publication of Ordinance. An emergency is hereby declared,the
preservation of peace,health and safety of the City and the inhabitants thereof so requiring.
Immediately after its adoption, this Ordinance shall be signed by the Mayor and City
Recorder and shall be recorded in the ordinance book kept for that purpose. This Ordinance
shall be published once in the Deseret 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.
UT DOCS A 1062235 v 1 8
PASSED AND APPROVED by the City Council of Salt Lake City, Utah this 12th
day of December, 2000.
/S/ Kendrick Cowley
City Recorder
UT DOCS A 1062235 v 1 9
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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.
0
Chaff
A'I l' APPROVED AS TO FORM
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Deputy City Recorder By_ ---
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UT DOGS A 1062235 v 1 10
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or disapproval
on the 12th day of December, 2000.
dA&CL_
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this 12th day of December, 2000.
Ross C. rson 2
Mayor
UT DOCS A 1062235 v 1 11
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I,Bonnie Ferrin, the duly appointed and qualified Deputy City Recorder of Salt Lake
City, Salt Lake County, 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,Salt Lake
County, Utah at its meeting held on the 12th day of December, 2000 insofar as the same
relates to or concerns Salt Lake City,Utah Special Improvement District Project No. 101007
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 the 12th day of December, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this 12th day of December, 2000.
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Deputy City Recorder
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UT DOGS A 1062235 v 1 12
STATE OF UTAH ) AFFIDAVIT OF MAILING
: ss. NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
I, Daniel Mule,the duly appointed, qualified City Treasurer of Salt Lake City, Salt
Lake County, Utah,do hereby certify that on the 19 day of Dant2,12000,I caused to be
mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Special
Improvement District Project No. 101007 by United States Mail,postage prepaid,at the last
known address of such owner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City, Salt Lake County,Utah this Rathday of December, 2000.
..��'"... City Treasurer
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UT DOCS A 1062235 v 1 13
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 on the 12th day of December,2000,was published
one time in the Deseret News.
UT DOCS A 1062235 v 1 14
EXHIBIT "A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I,Bonnie Ferrin,the undersigned Deputy City Recorder of Salt Lake City, Salt Lake
County, Utah (the "City"), do hereby certify, according to the records of the City in my
official possession, and upon my own knowledge and belief, that in accordance with the
requirements of Section 52-4-6(2),Utah Code Annotated 1953,as amended,I gave not less
than twenty-four (24) hours public notice of the agenda, date, time and place of the
December 12, 2000 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
December 8, 2000, 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 December 8, 2000, at least
twenty-four(24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF,I have hereunto subscribed my official signature this 12th
day of December, 2000.
I t sc \
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it co i 1 . 1�� Deputy City Recorder
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UT DOCS A 1062235 v 1 A-1
SCHEDULE "A"
Notice of Meeting
UT DOCS A 1062235 v 1 A-2
EXHIBIT "B"
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder or City Engineer]
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UT DOCS A 1062235 v 1 B-i
Salt Lake City, Utah
December 12, 2000
The City Council of Salt Lake City, Salt Lake County, Utah met in regular session
on Tuesday, the 12th day of December, 2000, at its regular meeting place. The following
members of the City Council were present:
Carlton Christensen Chair
Roger Thompson Vice Chair
David Buhler Councilmember
Tom Rogan Councilmember
Nancy Saxton Councilmember
Van Blair Turner Councilmember
Also present:
Ross C. Anderson Mayor
Roger F. Cutler City Attorney
Bonnie Ferrin Deputy City Recorder
Absent:
Keith S Christensen Councilmember
After the meeting had been duly called to order and after other matters not pertinent
to this resolution had been discussed, the City Recorder presented to the City Council a
Certificate of Compliance With Open Meeting Law with respect to this December 12,2000
meeting, a copy of which is attached hereto as Exhibit "A".
The City Council has considered the Findings and Recommendation of the Board of
Equalization and Review for the special improvement district known as Salt Lake City,Utah
Special Improvement District Project No. 101007(the"District")and has reviewed minutes
of the hearings of that Board and determined to approve the modified and equalized
UT DOCS A 1062235 v 1 1
assessment rolls as recommended by the Board of Equalization and Review and levy
assessments as set out therein.
The following assessment ordinance was then introduced in writing, was fully
discussed,and pursuant to motion duly made by Councilmember Roger Thompson and
seconded by Councilmember Nancy Saxton,adopted by the following vote:
YEA: Carlton Christensen
Roger Thompson
David Buhler
Tom Rogan
Nancy Saxton
Van Blair Turner
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:
UT DOCS A 1062235 v 1 2