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018 of 1982 - Amendment to the Assessment Ordinance 4 of 1982 STATE OF UTAH, ss. City and County of Salt Lake, I Kathryn Marshall --- .-- .-- , City Recorder of Salt Lake City, Utah, do hereby certify that the attached document is a full, true and correct copy of . - -- -- Ordinance 18 of 1982,- amending the assessment ordinance, Number of--1-982.---_ __-____-___.. ..... _.____._-_ -__-_.__-............ ... . . ......... _ --- - ---- ------------- --- ------------------------------------ ------ -------. .----- -- ---- ---- --- . . . _ - ------ ..... ... .......---- -.... . - -- -- -- -- --------- --- - ------------------------------------------------------- -- ----- --- -- ------ - --------------- -----------------------_------------------------------------ ----------------------------- . .....- --- --------------- ----- --- -- - - -------....... ... .... . _ ...--- -- -------- ----- -------------------------- ------- -------------- - --------- ---------------------------------------- ------- -------------- Cit YY Co�n cil of Salt Lake City, Utah March. 1982 passed by the itm�in�r�ll�ill�.�l yr , . 9, as appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City; tpi p.'-.�-_110Y �^ � .... day of March - 19.-82.. (SEAL) a __; ( City Recorder Published March 1-2, . . . 19.82..... Y Frt YEA : Sydney Reed Fonnesbecktn Palmer A. DePaulis A` 97 Grant Mabey - k Ronald J. Whitehead Alice Shearer sa Ione M. Davis NAY : None The ordinance was then signed by the Chairman in open meeting end recorded by the City Recorder in the official records of Salt Lake City, Utah . The ordinance is as follows : ORDINANCE NO. 18 AN ORDINANCE amending Ordinance No. 4 (the "Assessment Ordinance") in connection with the assessment of property in Salt Lake City, Utah Curb and Gutter Extension No. 38-533 , so that the interest rate to accrue or. unpaid assessment balances will be seven percent (7%) per annum instead of the interest rate or rates provided for in the Assessment Ordinance . BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY , SALT LAKE COUNTY , UTAP: Section 1 . The City Council of Salt Lake City , Utah , Q, a hereby amends the Assessment Ordinance which it adopted on Ut W January 6 , 1982 as Ordinance No. 4 by repealing the ►Aa CD thirteen percent (13% ) per annum interest provision and by further repealing the provision for adjustment of the 00 interest rate on unpaid assessments to the net effective rate 3 of assessment bonds when issued. In place of the interest provisions hereby repealed there shall be a provision for l interest on the unpaid balance of assessments at the rate of seven percent (77) per annum for the period prior to and after the issuance of assessments bonds and ter. percent ( 10%) per annum on assessment balances where installment payments are delinquent . As amended Section 5 of the Assessment Ordinance shall read as follows : 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 seven percent (7%) per annum from the effective date of this Ordinance . Interest shall be paid in addition to the amount of each such installment annually at the time each installment becomes due . After said fifteen (15) day period , all unpaid installments of an assessment levied against any piece of property (hut only in their entirety) may be paid c prior to the dates on which they become due , but any such G prepayment must include an additional amount equal to the call,a interest which would accrue on the assessment to the next succeeding date on which interest is payable on any special OD improvement bonds issued in anticipation of the collection of 4 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 or. 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 ten percent (10%) 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 ten percent_ ( 10%) 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 . Section 2 . 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 w 0 ordinance . ' CJ+ Section 3 . An emergency is hereby declared, the preservation of peace , health and safety of Salt Lake City s r'rt; and the inhabitants thereof so requiring. Immediately after its adoption. , this ordinance shall be signed by the Chairman 5 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 circulation in Salt Lake City, Utah, and shall take effect immediately upon its passage and approval and publication as required by law. Section 4 . The City Recorder is hereby authorized and directeJ to file a copy of the this amendment to the Assessment Ordinance within five days from the date hereof in the Salt Lake County Recorder ' s office . Section 5 . All other provisions of the Assessment Ordinance remain in full force without being modified by this amendment . ,PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKF CITY , UTA}1 , this 9th day of March , 1982 . Chairperson ATTE"T: WAtvgWder ( S E A L) Published: March 12, 1982 W a 0 ,*c m v f*; 6 ADM-35A Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake-- ------- -- - - ORDINANCE No.it Shana..D.'..Conaty........................................................................ AN•ORDINANCE amending Ordinetke'No.4(the"As- ............... sessment Ordinance") in tonne on with the assess- menr pf propertydn Salt Lake CM, Utah Curb and Ouffe.Extension o.38 533,so that'the.interest rat)to ,':"atceve on unpaid assessment beiances�will be seven rates�1rlltovidedfforIntheAssessmentOrdi"JARMI tateor. S Being first dui sworn p y g BE.'IT ORDAINED ZY THE CITY COUNCIL OF SALT g y , deposes and says that he is legal LAKE CITY,SALT LAKE COUNTY,UTAH: Sect 1.The City Council pf Salt Lak City,Utah,hereby, advertising clerk o the R , a daily 8irterkK Assessment Ordinance which i adopted on Janua- (rYV ,ss Ordinan�cce.No.4 by recealing he thirteen percent (except Sunday) newspaper printed In the English ,annum I,Clterd# rOvision and by further repealing e prgt+ ,on for actlius}m�Rt of the interest rate on unpaid language with general circulation in Utah, and #s�ssme tq tM¢ fr¢t effaGfI a rate of 7e�ssessment bonds J -Ise ed.,Itt Iaga of the Interest provslohs hereby re published in Salt Lake City, Salt Lake Count in the c}ea ed re,s �f a•oro sion for interest on the unpaid p y� rgatete s S�� ` t rate bf•seven prcent (7°k) per State Of Utah. ,s� }}hes��ie'i ipd , affer the Issuance of assess- t)i t dg ails tl:fi ti; h)per,annum on assessment bal nce5-'where:ihstallrtlontswmel)ti are delinquent. As 4tmendedection 5 of the'Assessment:OrtlMance shall read as That the legal notice of which a copy is attached hereto follows:,,. =The'Wtwle or any part of'me asseasmarlts for said Special Improvement District rtlay be Paid.WIthoyt.Interest within IIf- teerl;(1�5);dayg.affer this.,ordinancetss becomes effective. Any " Pa of the assessment not paid wFthin such fifteen (15) day Pub notice of Ordinance #18: Curb & Gutter Ex- n r!d fro lance of the iv date eeof A Ordief se ten (10) peroct hill be payable over a pet' not to exc,nance In ten (to) s'u stan) Ily equal annual mstallrrlents with Interest on the �y aes T ven percent 'fvvf kj,ottir annum from.the.effCctive do 4 c s Ordinao�e. tension #38-533 tritflrest shall be paaid in addition id the amount of each such ..................... ....... Ihst¢ll t-anhually at the time ach Installment becomes d .Ae said fifteen(15)da�pert,all unpaid installments se ssment levied ass net a y piece of property (but lYari',th it entirety)may be paid pprior,to the dates on which ............................................................................................................... e due,but afly sucti prBPayment must include an dltidnia amount equal to the Interest which would accrue on ab ment to the next succeeding date on whiolt;,interest Iiay onanrYspecialImprovementbondslssuedlnn antic i• „•,••,••••,•••••••••••,••,•••••••••,••,•,•,•••,•.•••••,•••••,•„•,••„•,•,,,,•....................... per(N1, I-he col tection•of tN@'assessments plus such addl)lonal amber- as,in the opinion of the City Treasurer, Is necessary to a" te`the avails,ifity.of money to pav interest on•the sce- ci f' ptrovement bonds as°'interest b rues due and.any D,g 'm which ay.,. a payable on redses=able bonds ............................................................................................................... whi r y:be call o in'or er to utilize the as smenfs thus patdAlta vane. Defa It In the payment of any nstaumInt,of prfrxipal or p March 12 1982. interk§t,then due shill cause the: holg of the unpaid princi- WdS published in said newspaper on..................... .a. .. pal.and tgterest to becQM due,and ayyeble Immediately,antl the whote amount of trig tunpaid rin�ppppI shall thereafter draw int rest at the mite of ten per t(1g 0 per annum until paid,but-.,at any time'prior to the a of sale or foreclosure the owner may Pay the amount of afl unpaid Installments past due,with interest at the rate of tart Percent 2i- )per annum to dare 0f payment on the dellrquent'Installments, and ali approved costs, and shall thareupoh be restored to the right a__�i q "`., i 'a, thereafferr to pay in installments In the$ame manner as tf .•••............................... ......:...........•...:•......:............:............................... default had hotbceurred, Legal Advertising Jerk Section 2.The officials of Salt Lake CIO,Utah,are hereby authorized and directed to take all action necessary and ap- propriate to effectuate the provisions of this ordinance. Section 3.An emergency s hereby declared,the preserva- tion of peace,health and safety of Salt Lake City and the In- habitants thereof so requiring,Immediately after Its adoption, this ordinance shall be signed by the Chairman and City Re- e me this............................lath............................................. day of corder and shall be recorded In the ordinance book kept for �sserer.NNeews,,Said ordinance published and having generalgeneral immediately upon it Lake City,, and approve and Publication as ••A.D. 19...82.. reouired-by law. Section 4. The City Recorder is hereby authorized and directed to file a copy of finis amendment to the Assessment Ordinanc"'e within five da s from the date hereof in the Salt .LakeceC eaamain In0rfull force without being modified by this i Ston 5. All other Provisions of the Assessment Ordi- amenent.dm �?PAS$EO AND APPROVED 9Y THE CITY COUNCIL OF SALT LAKE CITY,UTAH,this 9th day of March,1982. Notary Public S.Fonnesbeck Chairperson ATTEST: Kathryn Marshall City Recorder ($ AL)> -Expires 00 My Commission Expires .....................F.Eb...1.. .... .1.,. 19.86 .................. ---- Q 8 2-4 M i C R 0 PHIL.M E D Salt Lake City, Utah March 9 , 1982 The City Council of Salt Lake City , Salt Lake County , Utah, met in regular session_ on Tuesday, the 9th day of March, 1982 , at its regular meeting place . The following members of the City Council were present : Grant Mabey Acting Chairperson Palmer A. DePaulis Councilmember Ronald J . Whitehead Councilmember Alice Shearer Councilmember Ione M. Davis Councilmember Edward W. Parker Councilmember Also present : Absent : Sydney Reed Fonnesbeck Chairperson The Council reviewed the proceedings in connection with Salt Lake City , Utah Curb and Gutter Extension No. 38-533 as it considered modification of the interest rate to apply on unpaid balances of assessments . The following factors were noted: ( 1 ) The maximum interest rate indicated in the Notice of Intention dated October 3 , 1978 , consistent with a Salt Lake City ordinance then in effect stated it part , "Any assessment may be paid in ten (10) equal annual. installments with interest on the unpaid balance not to exceed seven percent (7%) per annum until due and thereafter at the rate of ter. percent (1021o) per annum until paid. " (2) Section 5 of the Assessment Ordinance provided for the accrual of interest on the unpaid balancP of assessments at the rate of thirteen percent (13%) per annum with a provision that the interest rate is to be adjusted to the net effective rate of assessment bonds when issued . The Council , without intending to establish a precedent applicable to other Special Improvement Districts where interest maximums were set out in the Notices of Intention prior to the repeal. of interest maximum provisions in applicable city ordinances and state statutes , determined it to be in the best interest of the City to provide for the accrual of interest at a rate consistent with the sever percent (7% ) per annum maximum set out in the Notice of Intention for this district . The following ordinance was then introduced in writing, and pursuant to motion duly made by Councilmember DePaulis , and seconded by Councilmember Davis was adopted by the following vote : 2 YEA: Palmer A. DePaulis Grant Mabey Ronald J . Whitehead Alice Shearer Ione M. Davis NAY : None The ordinance is as follows : ORDINANCE NO. 18 AN ORDINANCE amending Ordinance No. 4 (the "Assessment Ordinance") in connection with the assessment of property in Salt Lake City , Utah Curb and Gutter Extension No. 38-533 , so that the interest rate to accrue on unpaid assessment balances will be seven percent (7%) per annum instead of the interest rate or rates provided for in the Assessment Ordinance . BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Sectior. 1 . The City Council of Salt Lake City, Utah, hereby amends the Assessment Ordinance which it adopted on January 6 , 1982 as Ordinance No. 4 by repealing the thirteen percent (13% ) per annum interest provision and by further repealing the provision, for adjustment of the interest rate on unpaid assessments to the net effective rate of assessment bonds when issued. In place of the interest provisions hereby repealed there shall be a provision for interest on the unpaid balance of assessments at the rate of seven percent (7% ) per annum for the period prior to and after the 3 issuance of assessments bonds and ten percent (10%) per annum on assessment balances where installment payments are delinquent . As amended Section 5 of the Assessment Ordinance shall read as follows : 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 seven percent (7% ) per annum from the effective date of this Ordinance . Interest shall be paid in addition to the amount of each such installment_ annually at the time each installment becomes due . 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 4 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 anv 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 ten percent (10%) 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 ten percent (10% ) per annum to date of payment on the delinquent inst-allments , 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. Section 2 . 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 3 . 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 circulation in Salt Lake City , iitah, and shall take 5 effect immediately upon its passage and approval and publication as required by law. Section 4 . The City Recorder is hereby authorized and directed to file a copy of the this amendment to the Assessment Ordinance within five days from the date hereof in the Salt Lake County Recorder ' s office. Section 5 . All other provisions of the Assessment Ordinance remain in full. force without being modified by this amendment . PASSED AND APPROVED BY TI'E CITY COUFCIL OF SALT LAKE CITY , UTAII, this 901 day of March , 1982 . Chair'pZrson A E 'T ity order ( S E A L) 6 Thereupon Councilmember DePaulis 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: 7 Thereupon Councilmember Davis seconded the adoption of the foregoing motion, and the same upon being put to a vote was unanimously adopted , and signed by the Chairperson 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 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. airperson ATTi 'T 4.31 ty order ( S E A L) 8 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 9th day of March , 1982 , insofar as the same relates to or concerns Curb and Cutter Extension No. 38-533 as the same appears of record in my office . I further certify that the Ordinance amending the Ordinance levying the special assessments was recorded by me in the official records of said City on the 9th day of March , 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 March , 1982 . City Re r er ( S E A L ) 9 STATE OF UTAH ) AFFIDAVIT OF MAILING ss . NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I , Stephen D. Page , the duly appointed, qualified and acting Treasurer of Salt Lake City , Utah, do hereby certify that on the /,0' day of March , 1982 , I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Curb and Cutter Extension No. 38-533 by United States Mail , postage prepaid , at the last known address of such owner. IN WITNESS WFEREOF, I have hereunto set my ha-rd. and affixed the corporate seal of said Salt Lake City , Utah this � `dav of March , 1982 . C�ety T,reasurer r/ ( S E A L) 10 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 9th day of March, 1982 , was published one time in. the Deseret News . 11 STATE OF UTAH ) CEPTIFICATE 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 herebv certify that on the 5th day of March, 1982 , 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 March 9 , 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 WITDIFSS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 41��- day of March , 1982 . City e r er ( S F A L ) 12