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023 of 1987 - Equalized Assessment Rolls and Levying Tax in the Aggregate Amount of $231,324.00 Curb and Gitter Ex CITY RECORDER ` 324 South State, 5th Floor Salt Lake City, Utah 84111 4438300 ORDINANCE NO. 23 of 1987 AN ORDINANCE CONFIRMING THE EQUALIZED ASSESSMENT ROLLS AND LEVYING A TAX IN THE AGGREGATE AMOUNT OF $231,324.00 PROVIDING FOR THE ASSESSMENT OF PROPERTY IN SALT LAKE CITY, UTAH 200 SOUTH STREET BEAUTIFICATION CURB AND GUTTER EXTENSION NO. 38-800 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTION OF DECORATIVE SIDEWALKES, NEW CURBS AND GUTTERS, STREET LANDSCAPING, SPRINKLING SYSTEMS, PLANTERS, IMPROVED STREET LIGHTING AND NEW STORM DRAIN FACILITIES AND ALL OTHER MISCELLANEOUS WORK, NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER AND WORKMANLIKE MANNER; REAFFIRMING THE ESTABLISHMENT OF A SPECIAL IMPROVEMENT GUARANTY FUND; AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1. The City Council of Salt Lake City, Utah, hereby confirms the assessment roll as equalized and approved by the Board of Equalization and Review for Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 (the "District" ) , and hereby confirms the findings of the Board of Equalization and Review that the proposed list of assessments as equalized by the Board of Equalization and Review for the District is just and equitable; that each piece of property within the District 0 will be benefited in an amount not less than the assessment Cis to be levied against said property; and that no piece of p property listed in the assessment list will bear more than its proportionate share of the cost of such improvements. CD J CD -3- Section 2 . The City Council of Salt Lake City, Utah, does hereby levy a tax to be assessed upon the real property described in the assessment list for the District . 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, which is hereby incorporated by reference and made a part of this ordinance. The assessments hereby levied are for the purpose of paying the cost of constructing improvements on certain streets within the District consisting of the construction of decorative sidewalks, new curbs and gutters, street landscaping, sprinkling systems, planters, improved street lighting, new storm drain facilities and other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner . Said improvements are more particularly described in the assessment list for the District which list has been incorporated herein by reference and made a part of this ordinance. f Said assessments are hereby levied and assessed upon each of the blocks, lots, parts of block and lots, tracts or o 0 parcels of real property described in the assessment list O according to the extent that they are specially benefited by the improvements thereon. Said assessments are levied upon O the land and lots in the District at equal and uniform rates. 0 -4- The total cost of the improvements in the District is $405,580.09, of which total cost the City' s portion is $174,256.42. The balance to be assessed to the owners of property affected or benefited by the improvements in the District is $231,323.67, which is the total amount of the assessment hereby levied for the District and which does not exceed the aggregate sum of: (a) the total contract price for the improvements under contract duly let to the lowest and best responsible bidders therefor; (b) the reasonable cost of utility services, maintenance, labor, materials, or equipment, 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) . The interim warrants issued to finance the cost of construction were purchased by the City from the District in the form of advances from pooled cash of the City paid as construction progress installments became payable. The amount of the advances were determined by the negative cash balance of the District. The interest which has been included in the amount to be assessed has accrued on the CJn negative cash balance. The rate of interest charged for this CO interim warrant financing has been the City' s investment rate which has been significantly less than the market rate for O 00 interim warrants sold on the open market. -5- r Section 3. The assessment list made by the City Treasurer for the property in the District as approved, equalized and completed by the Board of Equalization and Review, is hereby confirmed and the assessments made and returned in said completed list and the report, recommendation and decision of the Board of Equalization and Review to the City Council of Salt Lake City, Utah, are hereby ratified, approved and confirmed. Section 4. This tax is levied and assessed at equal and uniform rates on such property. Section 5. 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 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 the net effective rate of the assessment bonds to be issued. Interest from the effective date of this Ordinance shall be paid in addition to the amount of each such installment annually at the time each installment becomes due. After o said fifteen (15) day period, all unpaid installments of an O assessment levied against any piece of property (but only in their entirety) may be paid prior to the dates on which they Q become due, but any such prepayment must include an -6- 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 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 eighteen percent (18%) 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 18% 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 6. The City Council of Salt Lake City, Utah o CJ� does hereby reaffirm the creation of a special improvement 0 guaranty fund and shall at the time of each annual appropriation ordinance, so long as any special assessment 0 00 COD -7- bonds of Salt Lake City remain outstanding, transfer to said fund each year such amount as a tax levy of not to exceed a tax rate of .002 will produce, either through a levy of a tax of not to exceed a tax rate of .002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources, 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. Section 7. 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 8. All ordinances or parts thereof in conflict with this ordinance are hereby repealed. Section 9. 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 Chairperson and City Recorder and shall be recorded in the ordinance book kept for that purpose. Said ordinance shall o CJ� be published once in the Deseret News, a newspaper published o O 00 -8- and having general circulation in Salt Lake City, Utah, and shall take effect immediately upon its passage, approval and publication as required by law. Section 10. The City Recorder is hereby authorized and directed to file a copy of the assessment ordinance and final assessment list within five (5) days from the date hereof in the Salt Lake County Recorder 's office. If the assessment ordinance incorporates the assessment list by reference, the City Recorder is further directed to file a copy of the final assessment list with the Salt Lake County Recorder. Section 11. 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 . 0 CJ� CD O O W CJ� -9- ADOPTED AND APPROVED by the City Council of Salt Lake City, Utah, thisl4th day of April, 1987. /S/ Roselyn Kirk Chairperson ATTEST: /S/ Kathryn Marshall City Recorder ( S E A L ) BILL 23 of 1987 Published: April 21, 1987 a 0 0 x -v s. M. OO -10- a i STATE OF UTAH COUNTY OF SALT LAKE � ss Lynda Domino Chief Deputy , City Recorder of Salt Lake City, Utah, is a full, true, and correct copy of Ordinance 23 do hereby certify that the attached from 1987 confirming the equalized assessment rolls and levying a tax providing for . .. ...I........ .... . ......... .............. .... .. the assessment of property in Salt Lake City, Utah, Curb and Gutter„ x �nsion No. 38-800; and was dulya p Y Y Y. approved and accepted b City Council/L�c�i�WiexAction of Salt Lake City, Utah, hilt,,...•.•...,,..J..;r.. � .. / y� day of .April............................. . A.D. 19 . .87. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate '-ell of-Saft�rL2E{i�C�ity, L;Mh, lhth........... day of .......April this .. ..... 8 A.D. 19 . ` y Chief !'Lp tyCity Recorder of Salt Lake City, Utah 0 0 x CP W 0 1 �O A SALT LAKE CITY CORPORATION SPECIAL IMPROVEMENTS DISTRICTS PAGE 1 FINAL TAX ROLL REPORT FOR DISTRICT TYPE C EXTENSION 800 DATE PRINTED : 08:24:08 AM WEDNESDAY JANUARY 7, 1987 Y PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 129 025 0000 32 W 200 S # WESTGATE BUSINESS CENTER 001 PROP TYPE ZIP 84101 0000 CRIS 0000 ATTENTION CORNER LOT SIDE OWNER ADDRESS 230 S 500 W APT CITY SLC ST UT ZIP 84101 0000 CRIS 0000 BEG 100 FT E FR SW CDR OF LOT 4, BLK 66, PLAT A, SLC SUR N 0-03'48" W 178.4 FT; E 165; N 21.6 FT; E 395 FT; S 200 FT; W 560 FT TO BERG. � OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT G _T^ C & G,SDWALKS,PLANTER 560.00 560.00 149.37000000000 01 83,647.20 oti , j RETAINING WALL -IN VAU 13.00 13.00 49.79000000000 02 647.27 C & G,SDWALKS,PLANTER 200.00 200.00 89.62000000000 03 17,924.00 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 102,218.47 ASSESSMENT PLUS OTHER CHARGES 102,218.47 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 102,218.47 PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 129 011 0000 380 W 200 S #REAR CANNON, EDWIN Q, JR FAMILY LIMITED PARTNERSHIP 002 PROP TYPE ZIP 84101 0000 CRIS 0000 ATTENTION S L STAMP COMPANY OWNER ADDRESS PO BOX 2399 APT CITY SLC ST UT ZIP 84110 0000 CRIS 0000 n, BEG AT SW CDR LOT 4, BLK 66, PLAT A, SLC SUR; N 89 58'19" E 100 FT; N 0 3'48" W 178.4 FT; NW'LY ALG A CURVE TO R 120.76 FT; S 89 58'19" W 14.28 FT; S 0 3'48" E 260 FT TO BEG. 3831-177. 5222-133. OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALKS,PLANTER 100.00 100.00 149.37000000000 01 14,937.00 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 14,937.00 ASSESSMENT PLUS OTHER CHARGES 14,937.00 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 14,937.00 NOT3��d���5�0O� SALT LAKE CITY CORPORATION SPECIAL IMPROVEMENTS DISTRICTS PAGE 2 FINAL TAX ROLL REPORT FOR DISTRICT TYPE C EXTENSION 800 DATE PRINTED : 08:24:08 AM WEDNESDAY JANUARY 7, 1987 PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 251 003 0000 307 W 200 S # CRANE ASSOCIATES 003 PROP TYPE =--'ZLP 84101 0000 CRIS 0000 ATTENTION OWNER ADDRESS 12�9 E 1700 S APT CITY SLC ST UT ZIP 84105 3618 CRIS 0000 COIF AT Aft COR. 1&j 3 eLK 64 PLAT A SLC SUR W 10 RDS S 10 RDS E 10 RDS N 10 RDS TO BEG CTNL"K' C4Af76ES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALK;),PLANTER 165.00 165.00 149.37000000000 01 24,646.05 RETAINING ./ALL IN VAU 79.00 79.00 49.79000000000 02 3,933.41 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 28,579.46 ASSESSMENT PLUS OTHER CHARGES 28,579.46 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 28,579.46 PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 251 005 0000 331 W 200 S # HAMMOND, HERALD D & MABEL G 004 PROP TYPE ZIP 84101 0000 CRIS 0000 ATTENTION OWNER ADDRESS 2958 E MILLCREEK CYN APT CITY SLC ST UT ZIP 84109 0000 CRIS 0000 BEG 41 1/4 FT E FR NW COR LOT 6, BLK 61, PLAT A, SLC SUR; E 123 3/4 FT; S 165 FT; W 123 3/4 FT; N 165 FT TO BEG OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALKS,PLANTER 123.75 123.75 149.37000000000 01 18,484.53 TOTAL. OTHER CHARGES TOTAL ASSESSMENTS 18,484.53 ASSESSMENT PLUS OTHER CHARGES 18,484.53 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 18,484.53 PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 181 003 0000 353 W 200 S # HAMMOND, HERALD & MABLE 005 PROP TYPE ZIP 84101 0000 CRIS 0000 ATTENTION OWNER ADDRESS 2958 E MILLCREEK CYN APT CITY SLC ST UT ZIP 84109 0000 CRIS 0000 COM AT NE COR LOT 5, BLK 61, PLAT A, SLC SUR; E 41.25 FT; S 165 FT; W 166.25 FT; N 165 FT; E 125 FT TO BEG OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALKS,PLANTER 166.25 166.25 149.37000000000 01 24,832.76 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 24,832.76 ASSESSMENT PLUS OTHER CHARGES 24,832.76 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 24,832.76 x 880L 3'�.d�O65�UOy _ SALT LAKE CITY CORPORATION SPECIAL IMPROVEMENTS DISTRICTS PAGE 3 FINAL TAX ROLL REPORT FOR DISTRICT TYPE C EXTENSION 800 r DATE PRINTED : 08:24:08 AM WEDNESDAY JANUARY 7, 1987 PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 181 002 0000 357 W 200 S # TSERN, JOHN F & REBECCA Y (TRS) 006 PROP TYPE ZIP 84101 0000 CRIS 0000 ATTENTION OWNER ADDRESS 2038 HIGHLAND OAKS DR APT CITY ARCADIA ST CA ZIP 91006 0000 CRIS 0000 BEG 10 RD E FR NW CDR LOT 5 BLK 61 PLAT A SLC SUR E 40 FT S 10 RD W 40 FT N 10 RD TO BEG LESS ROFW 4636-0945 5414-0583 OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALKS,PLANTER 40.00 40.00 149.37000000000 01 5,974.80 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 5,974.80 ASSESSMENT PLUS OTHER CHARGES 5,974.80 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 5,974.80 PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 181 001 0000 375 W 200 S # D F B BUILDING CO 007 PROP TYPE ZIP 84101 0000 CRIS 0000 ATTENTION OWNER ADDRESS 375 W 200 S APT CITY SLC ST UT ZIP 84101 1269 CRIS 0000 `J COM AT NW CDR LOT 5, BLK 61, PLAT A, SLC SUR; S 206 FT; N 45 E 57.9 FT; E 124 FT; N 165 FT; W 165 FT TO BEG 4518-1210 OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALKS,PLANTER 165.00 165.00 149.37000000000 01 24,646.05 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 24,646.05 ASSESSMENT PLUS OTHER CHARGES 24,646.05 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 24,646.05 PROPERTY NUMBER PROPERTY ADDRESS OWNER NAME 15 01 129 024 0000 140 S 300 W # UTAH PAPER BOX CO 008 PROP TYPE ZIP 84101 0000 CRIS 0000 ATTENTION OWNER ADDRESS 340 W 200 S APT CITY SLC ST UT ZIP 84101 0000 CRIS 0000 BEG 100 FT E &N 0'03'48" W 178.4 FT FR SW CDR OF BLK 66, PLAT A, SLC SUR; NWLY ALG CURVE TO R 120.76 FT; S 89'58'19" W 14.28 FT; N 70 FT;E 660 FT; S 130 FT; W 395 FT; S 21.6 FT; W 165 FT TO BEG. 5543.54 OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALKS,PLANTER 130.00 130.00 89.62000000000 03 11,650.60 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 11,650.60 ASSESSMENT PLUS OTHER CHARGES 11,650.60 ,,, Z4.,--.� rrn• PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS Z,F-,'tc _" ' GRAND TOTAL ASSESSMENTS 11,650.60 or yv � t�>y���� � 6J�� 9l 680�-�•�,d�06S�Uoy SALT LAKE CITY CORPORATION SPECIAL IMPROVEMENTS DISTRICTS PAGE 4 FINAL TAX ROLL REPORT FOR DISTRICT TYPE C EXTENSION 800 DATE PRINTED : 08:24:08 AM WEDNESDAY JANUARY 7, 1987 *********** TOTALS DISTRICT & EXTENSION C - 800 _ z OTHER CHARGES DESCRIPTION FOOTAGE EXCLUDED ASSESSED R A T E CODE AMOUNT C & G,SDWALKS,PLANTER 1,320.00 1,320.00 149.37000000000 01 197, 168.39 RETAINING WALL IN VAU 92.00 92.00 49.79000000000 02 4,580.68 C & G,SDWALKS,PLANTER 330.00 330.00 89.62000000000 03 29,574.60 TOTAL OTHER CHARGES TOTAL ASSESSMENTS 231,323.67 ASSESSMENT PLUS OTHER CHARGES 231,323.67 PLUS CITY PERCENT ( 0.000 %) ON ASSESSMENTS GRAND TOTAL ASSESSMENTS 231.323.67 x 060T 3 00 , . Salt Lake City, Utah April 14, 1987 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah, was held on Tuesday, April 14, 1987, at the hour of 6: 00 p.m. at its regular meeting place of said Council, at which meeting there was present and answering to roll call the following members who constituted a quorum: Roselyn N. Kirk Chairperson Grant Mabey Councilmember Tom Godfrey Councilmember W. M. "Willie" Stoler Councilmember Earl F. Hardwick Councilmember Florence Bittner Councilmember Sydney Reed Fonnesbeck Councilmember Also present: Michael Zuhl Chief of Staff Roger Cutler City Attorney Kathryn Marshall City Recorder Absent: Palmer A. DePaulis Mayor The City Council reviewed the February 4, 1987 Report, Findings, Recommendation and Decision of the Board of Equalization and Review for Salt Lake City, Utah 200 South . t y Street Beautification Curb and Gutter Extension No. 38-800. It noted the reported responses to complaints and inquiries concerning construction aspects of improvements within the District. The Council further considered the Recommendation and Decision of the Board of Equalization and Review that the assessment rolls should be adopted and confirmed as equalized. The following ordinance was then introduced in writing, read by title, and pursuant to motion duly made by Councilmember Fonnesbeck, and seconded by Councilmember Godfrey adopted by the following vote: YEA: Earl F. Hardwick Grant Mabey W. M. "Willie" Stoler Roselyn N. Kirk Florence Bittner Sydney Reed Fonnesbeck Tom Godfrey NAY: None The ordinance was then signed by the Chairperson and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows: -2- • i ORDINANCE NO. 23 Of 1987 AN ORDINANCE CONFIRMING THE EQUALIZED ASSESSMENT ROLLS AND LEVYING A TAX IN THE AGGREGATE AMOUNT OF $231,324.00 PROVIDING FOR THE ASSESSMENT OF PROPERTY IN SALT LAKE CITY, UTAH 200 SOUTH STREET BEAUTIFICATION CURB AND GUTTER EXTENSION NO. 38-800 FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTION OF DECORATIVE SIDEWALKES, NEW CURBS AND GUTTERS, STREET LANDSCAPING, SPRINKLING SYSTEMS, PLANTERS, IMPROVED STREET LIGHTING AND NEW STORM DRAIN FACILITIES AND ALL OTHER MISCELLANEOUS WORK, NECESSARY TO COMPLETE THE IMPROVEMENTS IN A PROPER AND WORKMANLIKE MANNER; REAFFIRMING THE ESTABLISHMENT OF A SPECIAL IMPROVEMENT GUARANTY FUND; AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1. The City Council of Salt Lake City, Utah, hereby confirms the assessment roll as equalized and approved by the Board of Equalization and Review for Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 (the "District" ) , and hereby confirms the findings of the Board of Equalization and Review that the proposed list of assessments as equalized by the Board of Equalization and Review for the District is just and equitable; that each piece of property 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 such improvements. -3- Section 2. The City Council of Salt Lake City, Utah, does hereby levy a tax to be assessed upon the real property described in the assessment list for the District. 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, which is hereby incorporated by reference and made a part of this ordinance. The assessments hereby levied are for the purpose of paying the cost of constructing improvements on certain streets within the District consisting of the construction of decorative sidewalks, new curbs and gutters, street landscaping, sprinkling systems, planters, improved street lighting, new storm drain facilities and other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner . Said improvements are more particularly described in the assessment list for the District which list has been incorporated herein by reference and made a part of this ordinance. Said assessments are hereby levied and assessed upon each of the blocks, lots, parts of block and lots, tracts or parcels of real property described in the assessment list according to the extent that they are specially benefited by the improvements thereon. Said assessments are levied upon the land and lots in the District at equal and uniform rates. -4- The total cost of the improvements in the District is $405,580.09, of which total cost the City' s portion is $174,256.42. The balance to be assessed to the owners of property affected or benefited by the improvements in the District is $231,323.67, which is the total amount of the assessment hereby levied for the District and which does not exceed the aggregate sum of: (a) the total contract price for the improvements under contract duly let to the lowest and best responsible bidders therefor; (b) the reasonable cost of utility services, maintenance, labor, materials, or equipment, 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) . The interim warrants issued to finance the cost of construction were purchased by the City from the District in the form of advances from pooled cash of the City paid as construction progress installments became payable. The amount of the advances were determined by the negative cash balance of the District. The interest which has been included in the amount to be assessed has accrued on the negative cash balance. The rate of interest charged for this interim warrant financing has been the City' s investment rate which has been significantly less than the market rate for interim warrants sold on the open market. -5- Section 3. The assessment list made by the City Treasurer for the property in the District as approved, equalized and completed by the Board of Equalization and Review, is hereby confirmed and the assessments made and returned in said completed list and the report, recommendation and decision of the Board of Equalization and Review to the City Council of Salt Lake City, Utah, are hereby ratified, approved and confirmed. Section 4. This tax is levied and assessed at equal and uniform rates on such property. Section 5. 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 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 the net effective rate of the assessment bonds to be issued. Interest from the effective date of this Ordinance 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 -6- 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 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 eighteen percent (18%) 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 18% 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 6 . The City Council of Salt Lake City, Utah does hereby reaffirm the creation of a special improvement guaranty fund and shall at the time of each annual appropriation ordinance, so long as any special assessment -7- s bonds of Salt Lake City remain outstanding, transfer to said fund each year such amount as a tax levy of not to exceed a tax rate of .002 will produce, either through a levy of a tax of not to exceed a tax rate of .002 in any one year or by the issuance of general obligation bonds or by appropriation from other available sources, 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. Section 7. 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 8. All ordinances or parts thereof in conflict with this ordinance are hereby repealed. Section 9. 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 Chairperson 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 -8- ADOPTED AND //APPR VED by the City Council of Salt Lake City, Utah, this/ ay of April, 1987. Chairperson ATTEST: s Recorder ( S E A L -10- and having general circulation in Salt Lake City, Utah, and shall take effect immediately upon its passage, approval and publication as required by law. Section 10. The City Recorder is hereby authorized and directed to file a copy of the assessment ordinance and final assessment list within five ( 5) days from the date hereof in the Salt Lake County Recorder ' s office. If the assessment ordinance incorporates the assessment list by reference, the City Recorder is further directed to file a copy of the final assessment list with the Salt Lake County Recorder . Section 11. 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. -9- After conduct of other business not pertinent to the above, on motion duly made, seconded and carried, the meeting was adjourned. Chairperson ATTEST: i Recorder ( S E A L -11- STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows: That the foregoing pages constitute a full, true and correct copy of the record of the proceedings of the City Council of Salt Lake City, Utah, at its regular meeting held on April 14, 1987 insofar as said proceedings relate to or concern Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800 as the same appears of record in my office. I personally attended said meeting and the proceedings were in fact held as specified in said minutes. If further certify that the Ordinance levying the special assessments was recorded by me in the official records of said City on the day of April, 1987. I further certify that said Ordinance was published one time in the Deseret News, the publication affidavit of which is attached hereto. -12- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City as of this day of April, 1987. ty Recorder ( S E A L ) -13- STATE OF UTAH ) ss. AFFIDAVIT OF MAILING COUNTY OF SALT LAKE ) NOTICE OF ASSESSMENT I, Lance R. Bateman, the duly appointed, qualified and acting Director of Finance f Salt Lake ' ty, Utah, do hereby certify that on the ay ofa,24�x , 1987, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800, 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 said City as of this of April, 1987. irector of Finance ( S E A L ) -14- 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 Salt Lake City Council on the 14th day of April, 1987, was published one time in the Deseret News. -15- STATE OF UTAH ) ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified City Recorder of Salt Lake Citye�ay Salt Lake County, Utah, do hereby certify that on the of 14 pursuant to Utah Code Annotated, Section 10-16-7 1 53, as amended, a copy of the Notice of Intention and resolution creating Salt Lake City, Utah 200 South Street Beautification Curb and Gutter Extension No. 38-800, as finally approved, was filed in the Salt Lake County Recorder ' s Office. / . I further certify that on the / day of , 1987, pursuant to Utah Code Annotated, Section 10-1 -18 1953, as amended, a copy of the assessment ordinance and final assessment list was filed in the Salt Lake County Recorder ' s Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixe the carpo seal of said Municipality as of this ay of 1987. ity Recorder ( S E A L ) -16- STATE OF UTAH ) CERTIFICATE OF COMPLIANCE ss WITH OPEN MEETING LAW COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify: (a) that in accordance with the requirements of Section 52-4-6(1) , Utah Code Annotated 1953, as amended, public notice of the 1987 Annual Meeting Schedule of the City Council of Salt Lake City (the "Council" ) was given, specifying the date, time and place of the regular meetings of the Council scheduled to be held during the year 1987, by causing a Notice of Annual Meeting Schedule for the Council to be posted on January 2, 1987, at the temporary office of the Council at 324 South State Street, Salt Lake City, Utah; said Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during regular office hours at 324 South State Street until the date hereof; and causing a copy of the Notice of Annual Meeting Schedule to be provided on January 2, 1987, to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent; (b) that in accordance with the requirements of Section 52-4-6( 2) , Utah Code Annotated 1953, as amended, public notice of the regular meeting of the Council on April 14, 1987, was given by specifying in a Notice of Regular Meeting -17- the agenda, date, time and place of the April 14, 1987 Council Meeting and by causing the Notice of Regular Meeting to be posted at the temporary office of the Council at 324 South State Street in Salt Lake City, Utah, on the loth day of April, 1987, a date not less than 24 hours prior to the date and time of the April 14, 1987 regular meeting; said Notice of Regular Meeting having continuously remained so posted and available for public inspection during the regular office hours at 324 South State Street until the date and time of the April 14, 1987 regular Council meeting; and causing a copy of the Notice of Regular Meeting to be provided on April 10, 1987, to at least one newspaper of general circulation within the geographic jurisdiction of the Municipality or to a local media correspondent. IN WITNESS WHEREOF, I have hereunto set my h d and affixed the official seal of said City this y of April, 1987 . i y Recorder [ S E A L -18-