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004 of 1982 - Curb and Gutter Extension No. 38-533 4 - � Q 82-4 MICROFILMED Salt Lake City, Utah January 5 , 1982 The City Council of Salt Lame City, Salt Lake County, Utah, met in regular session on Tuesday, the 5th day of January, 1982 , at its regular meeting place. The following members of the City Council were present : Palmer A. DePaulis Chairman & Councilmember Grant Mabey Councilmember Sydney Reed Fonnesbeck Councilmember Ronald J . Whitehead Councilmember Alice Shearer Councilmember Ione M. Davis Councilmember Edward W. Parker Councilmember Also present : Ted L. Wilson Mayor Albert E. Haines Director of Finance and Administrative Services Roger Cutler City Attorney Absent . The Council determined from a review of the proceedings in connection with Salt Lake City, Utah Curb and Gutter Extension No . 38 -533 that the Board of Equalization on August 11, 1981 approved the assessment roll and recommended that the City Council adopt and confirm the proposed assessments . The statutory 60-day period has elapsed since the recommendation and decision of the Board of Equalization and Review. The following ordinance was then introduced in writing, and pursuant to motion duly made by Councilmember Shearer, and seconded by Councilmember Whitehead adopted by the following vote : YEA: Palmer A. DePaulis Grant Mabey Sydney Reed Fonnesbeck Ronald J . Whitehead Alice Shearer Ione M. Davis NAY: None The ordinance was then signed by the Chairman in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows : ORDINANCE NO. 4 of 1982 AN ORDINANCE confirming the assessment rolls and levying a tax providing for the assessment of property in Salt Lake City , Utah Curb and Gutter Extension No . 38-533 , for the purpose of paying the costs of constructing improvements on certain streets within said district consisting of street paving, construction of a drainage system, curb and gutter where it does not now exist , driveways from the new curb and gutter to the street edge of sidewalks , the condemnation and acquisition of any property necessary to make such improvements , and the com- pletion of any other miscellaneous work, necessary to -2- 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 approved by the Board of Equalization and Review for Salt Lake City , Utah Curb and Gutter Extension No . 38-533 , 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 said Curb and Gutter Extension is just and equitable; that each piece of property within said Curb and Gutter Extension 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 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 Curb and Gutter Extension No . 38-533 . 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 property to be assessed in accordance with the -3- assessment list for Salt Lake City, Utah Curb and Gutter Extension No . 38-533 , is within the following described area and boundaries : AREA: Blocks 25 and 26 , 27 , 28 , 29 , 30, 31, 32 , and 33 and 48 all in Plat "G" , Salt Lake City Survey, also the Southeast Quarter of the Southeast Quarter of Section 32 , Township 1 North, Range 1 East , Salt Lake Base and Meridian and the Southwest Quarter of the Southeast Quarter of Section 32 , Township 1 North, Range 1 East , Salt Lake Base and Meridian, Together with all other pieces and parcels of land not particularly divided in Section 14, Township 1 North, Range 1 West , Salt Lake Base and Meridian. BOUNDARIES : North - 7th Avenue South - 3rd Avenue East - Virginia Street West - "N" Street The assessments hereby levied are for the purpose of paying the cost of constructing improvements on certain streets within said district consisting of street paving, construction of a drainage system, curb and gutter where it does not now exist , driveways from the new curb and gutter to the street edge of sidewalks , the condemnation and acquisition of any property necessary to make such improvements , and the completion of any 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 said Curb and Gutter Extension which list has been incorporated herein by reference and made a part of this ordinance . -4- 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 front or abut on or are adjacent to the street mentioned in said assessment list and are specially benefited by the improvements thereon. Said assessments are levied upon the land and lots in said Curb and Gutter Extension which abut or are adjacent (one lot only in subdivided areas ) to the street or streets which have been improved in said District , and at equal and uniform rates . An allowance on said assessments has been made for corner lots so that they are not assessed at full rate on both streets . The total cost of the improvements in Salt Lake City, Utah Curb and Gutter Extension No . 38-533 is $458 ,088 .21, of which total cost , the City' s portion is $175 ,091. 55 general and $97 , 618 . 66 to be paid by the City as an abutting property owned for the City Cemetery. The City' s portion for said Curb and Gutter Extension includes that part of the overhead costs for which an assessment cannot be levied, if any , and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any . The balance to be assessed to the owners of property affected or benefited by the improvements in Curb and Gutter Extension No . 38-533 is $185 , 378 . 00 , which is the total amount of the assessment hereby levied for said District and which does not exceed in the -5- aggregate the 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) the interest on any interim warrants issued against the District ; and (e) overhead costs not to exceed fifteen percent (15%) of the sum of (a) , (b) , and (c) . The total assessment for said Curb and Gutter Extension No . 38-533 is levied at the following rates : RATE PER RATE NO . IMPROVEMENTS FRONT FOOT 1 Curb & Gutter, 16 ' $29 . 73 Paving & Misc . 2 (Protested out ) 3 Curb & Gutter, 16 ' $36 . 55 Paving, 4' Walk & Misc. 4 Curb & Gutter, 15 ' $29 . 21 Paving & Misc . 5 Curb & Gutter, 14' $28 . 69 Paving & Misc . 6 13 ' Paving & Misc . $21.09 7 Curb & Gutter, 13 ' $28 . 17 Paving & Misc . Section 3 . The assessment list made by the City for the property in Salt Lake City , Utah Curb and Gutter Extension No . 38-533 as corrected, approved, equalized and completed by the Board of Equalization and Review, is hereby confirmed and the -6- assessments made and returned in said completed list and the report , recommendations 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. Land and lots which abut upon the streets identified in the Notice of Intention, or are adjacent thereto shall be assessed to a depth of twelve (12) rods back from the property line of the street or streets upon which they abut or to which they are adjacent (one lot only in subdivided areas ) . Section 5 . 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 thirteen percent (13%) per annum from the effective date of this Ordinance until due, provided, however, that the interest rate on assessments shall be adjusted to the net effective rate of the Assessment Bonds to be issued as of date of said bonds . Interest shall be paid in addition to the amount of each such installment annually at the time each installment becomes due . - 7- 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 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 15% 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 15/ 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. -8- 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 bonds of Salt Lake City remain outstanding, transfer to said fund each year such amount as a tax levy of one mill will produce , either through a levy of a tax of not to exceed one mill 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 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 -9- circulation in Salt Lake City, Utah, and shall take effect immediately upon its passage and 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 within five 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. PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH, this 5th day of January, 1982 . Chairman ATTE r,j: C i t 6c rder y ( S E A L ) -10- Thereupon Councilmember Shearer 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: - 11- Thereupon Councilmember Whitehead seconded the adoption of the foregoing motion, and the same upon being put to a vote was unanimously adopted, and signed by the Chairman 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 massessment 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. Chairman ATTEST: Cit O.;ecorder ( S E A L ) - 12- 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 5th day of January, 1982 , insofar as the same relates to or concerns Curb and Gutter Extension No . 38-533 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 said City on the 5th day of January, 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 January , 1982 . ' ty Recorder ( S E A L ) -13- STATE OF UTAH ) AFFIDAVIT OF MAILING ss . NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I , Steven Page, the duly appointed, qualified and acting Treasurer of Salt Lake City , Utah, do hereby certify that on the day of `�r�, 1982 , I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Curb and Gutter Extension No . 38-533 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 Salt Lake City, Utah this %day of 19 8 2 . Ci Treasurer ( 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 City Council of Salt Lake City on the 5th day of January, 1982, was published one time in the Deseret News . -15- Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake ORDINANCE NO,i,lm Shane D. Conaty AN ORDINANCE confirming the assessment rolls and .................. .... ......... levying ql tax providing for the assessment of property In Salt;L eke City,Utah Curb and Gaffer Extension No.' 38,5= r the purtrose of pa�ing`the costs of construct Erre`Improvements on certa n streets within said uct trict'GWtsistlno of street paving; cpristruct+on of a Beingfirst dui sworn deposes and says that he is legal j drainage systm curb and gutter where It does not y p y g s air grox+sty.drfv@waySfromthagew;.wrb and gutter advertising clerk of the DESEF>'ET NEWS, a daily to,,. istx Set edge of;litleMIMI,th@ mnation and B 'acquisftifltt of,any property necessar .to make such r improlrenl�nta.arxt'ibe completion of anyY other mis- (except Sunday) newspaper printed in the English celion, s work,nece��prY to compplete.fhe improve- ments'i a-propar,arKf'workmapllke rr�rin@r; reef- language with general circulation in Utah, and firming• e establi m@nr of a Special iomVrovement guara fund; alia'tabirsh+rtgahe affective dal of published in Salt Lake City, Salt Lake County, in the this'�I(i rice. �(g State of Utah. LAKECit ALLAKCOFTJNTYHOUfJCIt OF SALT Section City Ceunc 1 Of S�1 " k4 CIH.Utah,hereby confirms t 44 frssmerif r'oli a� opprov@d by the Board of Equalrzex ntl R AS-ii for salt lake G Utah Curb and That the legal notice of which a copy is attached hereto Gutter EExf No=;38.5�3,and heir by, frms the findings G the:Boa Epuali�}�q�antl R@ the p list of.assessm @qualimad 'by.Th -� �qu IzAtion and Review tor` rb Sind u',j"r lus hit equita- ble; that,@ a roped hVl r 1(1'Cu ; nd Gutter Pub notice of Ordinance #4 of 1982 Curb Ff Gutter EXtensfgr)v b@�ited 1 aft r, „nppt I than the ............ ........................... as$esig t�.. IeV a .ff, tlertYI 'tl that no piece of Ar sated p< Ilst.0011 bear more than if rt to sh a such i veme do sect City. du C ; •Lake,: Utah aces Extension #38-533) her I, ''a t' .to be ss@s J) the r Pp@rty de- ................... ................................................................... scribed,I a, sment.list t tirb atd Ipx tenslof No..38 he a3sessrnents lev pM a Of'btot(tt'pr ot,.t cCo4 p�freel 6roperW described shalLba>h a set[otfh in the at t,which Is hertbjtI gor b 'taference 'antl part of this i td bill sassed in he with the as gf Ist faqr f=. k@ i Utah r p utter E tnsnioil K4:-38 5Z It tft Iti.tll oiloW1 a rlllbd area an ............................................................................................................... boa r� ..��.,z. .. +�. 19A- w ato-ks 25�a ' se:29,30j 311,and�d3 and 48� 4A all ins iat"O", ke Clty Sp eaYr,alf�o Sout(�• eastQuart o'f outheast'fltMrfer of Ion 32, ............................................................................................................... ownshlp 1`, o ,, a e> E t,Salt Lake 8e-and•.' ridiafi ar Southwest rfer of the the t mart of Sects 32,.T wn p.i North,. ass I I,sett We use aadyr�iile tan,Togas r,I :; was published in said newspaper on........Jan....16,..19.8.2..... other p ec nd parcels o I not rticule vide'.;. ad in Sects 4,Township i rth,Range 1 If,;,,. Lake$ase Meridian• 80lfNO IES: ............... "North- Avenue ' `{' levied are for the Our` a soutn- Flvenue 4 I E$st V rgtnia Street ' •West='N"Street ! " The assessments hereby a pose of pay- 4.._.,i...............:....:.. ...............................•........,....:...:...:..:............... ....... in the cos of constructing improv@menis on certain streets Legal Advertising Clem within said'distrECY consisting of street paving construction of a drainage,system,curb and gutter where it does not now ` exist, driveways from the new curb and gutter to the street edge of sidewalks, the condemnation and acquisition of any property,necessary to make such Improvements, and the � completion;of any other miscellaneous work necessary to 20th complete the Improvements in a proper and workmanlike e me thls .................................................................................. day of manner.Sold improvements are more particularly described in the asset sment list for said Curb and Gutter Extension which list as been incorporated herein by reference and g 2 made a Pis r�Of this ordinance. A.D. 19. Sai assessments are hereby levied and assessed upon each of the blocks, lots, parts of blocks and lots, tracts or Parcels of real property described In the assessment list ac- cording to re the extent that they front or abut on or are adiacent to the street mentioned in said assessment list and are special- ly benefited by the Improvements thereon.Said assessments are levied upon the land and lots in said Curb and Gutter Extension which abut or are adiacent(one lot only in subdi- iC r- .t-- ►— vided areas)to the street or streets which have been Improved in said District,and at equal and uniform rates.An allowance " " "^""""' """"""""""""""" on said assessments has been made for corner lots so that Notary Public they are not assessed at full rate on both streets. The total cost of the improvements In Salt Lake City Utah Curb and Gutter Extension No. 38.533 is$458,088.21,of which total cost, the City's portion is $175,091,55 general and $97,= 618.66 to be.paid by the City as an abutting property owner for the City Cemetery.The City's portion for said Curb and Gutter Extension includes that part of the overhead costs for which an assessment cannot be levied,if any,and the cost of making . improvements for the benefit of property against which an assessment may not be levied, if any. The balance to be as- sessed to the owners of property affected or benefited by the improvements In Curb and Gutter Extension No. 38-533 Is levieed forsaidcDistrict and whichndtooestnot exceed in ther ag- gregate the sum of: (a) the total contract price for the im- provements,under contract dUIY let to the lowest and aggre- gate the su�„of: (a)the total contract price for the Improve- ••• ,menu�nd*contract duly let to the.lowest and best responsi- ble biddersaherefor; (b)the reasonable cost of utility servic- es,maintenance, labor,materials,or•'equipment,,if any; (c) the pre rty price, f any; (d) the interest on any interim warrltfltai ue�against the.District; and(e)overhead costs not to.axc fifteen percent(15%)of the sum of IN (b),and (c).TI1e t I o"ossmenf for Said Curb and Gutter Extension No.38-533-iFlevle0 of the folloWino rates: Rate No. Improvements Rate Per f 1 •Curb&Gutter,16' $29Front Foot , 73 Paving&Misc. ' 2 (Protested out) 31 Curb&Gutter,16' $36,55 Paving,4'Walk&Misc. 4 Curb&Gutter,15' $29.21 Paving&Misc. 5 Curb&Gutter,14' $28.69 Paving&Misc. t 6 13'Paving&Misc. $21.09 7 Curb&Gutter,13' $18:17 1 Paving&Misc. Section 3. The assessment list made by the City for the p, property in Salt Lake City, Utah Curb and Gutter Extension f No.38-S33 as corrected,approved,equalized and completed by the Board of Equalization and Review is hereby confirmed fi and the assessments made and returnea in said completed list and the report,recommendations and decision of the Board of 0 Equalization and Review to the City Council of Salt Lake City, f Utah,are hereby ratified,approved and confirmed. M I Section 4. This tax is levied and assessed at equal and R I uniform rates on such property. Land and lots which abut upon the streets identified in the Notice of Intention, or are adjacent thereto shall be assessed to a depth of twelve(12) rods back from the Property line of the street or streets,upon which they abut or to which they are adjacent(one lot only in subdivided areas), Section 5. The whole or any part of the assessments for said Special Improvement District may be paid without inter- est within fifteen(15)days after this ordinance becomes effec- tive. 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 thirteen percent(13%) Per annum from the effective date of this Ordi- nance until due, Provided, however,that the interest rate on Le assessments shall be adjusted to the net effective rate of the Assessment Bonds to be issued as of date of said bonds install: Ni est shall be paid in addition to the amount of each such nstall- I ment annually at the time each installment becomes due.Af- U ter said fifteen (15)day Period,all unpaid installments of an assessment levied against any Piece at Property(but only in i their entirety) may be Paid prior to the dates on which they P n become due,but any such prepayment must include an addi- F tional amount equal to the interest which would accrue on the r' )f assessment to the next succeeding date on which interest is ig 'payable on any special improvement bonds issued in anticipa- tl n- tion of the collection of the assessments plus such additional E X. amount as, in the opinion of the City Treasurer,is necessary, C nt to assure the availability of money to pay interest on the sPe r, cial Improvement bonds as.interest-becomes due and any 1 Premiums which may become Payable on redeemable bonds ti !w which may be called in order to utilize the assessments thus in Paid in advance.he, Default in the Payment of any installment of principal or, 1 ch interest when due shall cause the whole of the unpaid princi- lal pal and interest to become due and Payable immediately,and t Ily the whole amount of the unpaid principal shall thereafter by draw interest at the rate of 15%Per annum until Paid,but at l re. any time prior to the dote of sale or foreclosure the owner i 'al may Pay the amount of all unpaid installments past due,with at interest at the rate of 15%per annum to date of Payment on is the delinquent installments,and all,approved costs,and shall q- thereupon be restored to the right thereafter to pay in install- er ments in the same manner as If default had not occurred. .n Section 6.The City Council of Salt Lake City,Utah,does pg hereby reaffirm the creation of a special improvement guar- anty fund and shall at the time of each annual appropriation Qrdinance, so long as any special assessment bonds of Salt all Lake City remain outstanding,transfer to seid fund each year r such amount as a tax levy of one mill will produce, either )r through a levy of a tax of not to exceed one mill in any one 'o 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 e authorized and directed to take all action necessary and ap- n Propriate to effectuate the provisions of this ordinance, i Section 8. All ordinances or Parts thereof in conflict with & this ordinance are hereby repealed. e Section 9.An emergency is hereby declared,the Preserva- h tion of Peace,health and safety of Salt Lake City and the in- e habitants thereof so requiring. Immediately after its adoption, I this ordinance shall be signed by the Chairman and City Re- if corder and shall be recorded in the ordinance book kept for y that purpose: Said ordinance shall be Published once in the Deseret News, a newspaper published and having general e circulation in Salt Lake City, Utah, and shall take effect i- immediately upon its Passage and approval and Publication as required by law. Section Ia. The City Recorder is hereby authorized and directed to file a copy of the assessment ordinance within five days from the date hereof in the Salt Lake County Recorder's office. If the assessment ordinance incorporates the assess- ment list by reference,the City Recorder is further directed to - file a copy of the final assessment list with the Salt Lake Coun- ty Recorder. PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKE CITY,UTAH,this 5th day of January,1981. Sydney R.Fonnesbeck ATTEST: Chairman Kathryn Marshall City Recorder ISEAL) STATE OF UTAH ) CERTIFICATE 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 hereby certify that on the 31st day of December, 1981, 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 January 5 , 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 WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this(�— day of January, 1982 . City corder (S E A L) -16- STATE OF UTAH P638952 COUNTY OF SALT LAKE s Kathryn Marshall ...City Recorder of Salt Lake City,Utah, do hereby certify that the attached.,Ordinance,,Bill,?+. of. 1 982., confirming the,,,,,,,,,.X►F6mx o 0 ....._ assessment, rolls. for Special, Improvement. District,, Curb &r otter Extension CJt C. W No..38-533............................................................... G was duly approved and accepted by City Council/Executive Action of Salt Lakes City,fQtah;this..J.th........... , day of... January......................A.D.19. ? , 1 IN WITNESS WHEREOF, I have hereunto set my hand and affiXgd-the!corporate•seal df�It Lake City,Utah, this....12..........day of....January................. A.b.19.;.32- C 1 ........... Recorder of_Sall Lake City,Utah Council adopt and confirm the proposed assessments . The statutory 60-day period has elapsed since the recommendation and decision of the Board of Equalization and Review. The following ordinance was then introduced in writing, and pursuant to motion duly made by , and seconded by adopted by the following vote: YEA: Palmer A. DePaulis Grant Mabey Sydney Reed Fonnesbeck Ronald J. Whitehead rrn f. Alice Shearer Ione M. Davisire L NAY: None aF p _ .: 'L The ordinance was then signed by the Chairman in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows : ORDINANCE NO. �� O L AN ORDINANCE confirming the assessment rolls and levying a tax providing for the assessment of property in Salt Lake City, Utah Curb and Gutter Extension No. 38-533, for the purpose of paying the costs of constructing improvements on certain streets within said district consisting of street paving, construction of a drainage system, curb and gutter where it does not now exist , driveways from the new curb and gutter to the street edge of sidewalks , the Cn condemnation and acquisition of any property necessary to make such improvements , and the com- C:) pletion of any other miscellaneous work, necessary to -y complete the improvements in a proper and workmanlike manner; reaffirming the establishment of a special Q -2- 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 approved by the Board of Equalization and Review for Salt Lake City, Utah Curb and Gutter Extension No . 38-533 , 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 said Curb and Gutter Extension is just and equitable; that each piece of property within said Curb and Gutter Extension 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 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 Curb and Gutter Extension No . 38-533 . 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 CP hereby incorporated by reference and made a part of this C C� ordinance. The property to be assessed in accordance with the assessment list for Salt Lake City, Utah Curb and Gutter -3- M Extension No. 38-533, is within the following described area and- boundaries : - AREA: Blocks 25 and 26, 27, 28 , 29 , 30, 31, 32, and 33 and. 48 all in Plat "G", Salt Lake City Survey, also the Southeast Quarter of the Southeast Quarter of Section 32, Township 1 North, Range 1 East , Salt Lake Base and Meridian and the Southwest Quarter of the Southeast Quarter of Section 32, Township 1 North, Range 1 East , Salt Lake Base and Meridian, Together with all other pieces and parcels of land not particularly divided in Section 14, Township 1 North, Range 1 West , Salt Lake Base and Meridian. BOUNDARIES: North - 7th Avenue South - 3rd Avenue East - Virginia Street West - "N" Street The assessments hereby levied are for the purpose of paying the cost of constructing improvements on certain streets within said district consisting of street paving, construction of a drainage system, curb and gutter where it does not now exist , driveways from the new curb and gutter to the street edge of sidewalks , the condemnation and acquisition of any property necessary to make such improvements , and the completion of any 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 said Curb and Gutter Extension which list has been incorporated herein by reference and made a part of this ordinance. W C:) rri -4- r ` 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 front or abut on or are adjacent - to the street mentioned in said assessment list and are specially benefited by the improvements thereon. Said assessments are levied upon the land and lots in said Curb and Gutter Extension which abut or are adjacent (one lot only in subdivided areas) to the street or streets which have been improved in said District, and at equal and uniform rates . An allowance on said assessments has been made for corner lots so that they are not assessed at full rate on both streets. The total cost of the improvements in Salt Lake City, Utah Curb and Gutter Extension No. 38-533 is $458,088.21, of which total cost , the City's portion is $175,091.55 general and $97 ,618 .66 to be paid by the City as an abutting property owner for the City Cemetery. The City's portion for said Curb and, Gutter Extension includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The balance to be assessed to the owners of property affected or benefited by the CW improvements in Curb and Gutter Extension No. 38-533 is • $185 ,378 .00, which is the total amount of the assessment hereby � C) levied for said District and which does not exceed in they aggregate the sum of: (a) the- total contract price for : the improvements under contract duly let to the lowest and , -5- e 1 9 1 ' aggregate the 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) the interest on any interim warrants issued against the District ; and (e) overhead costs not to exceed fifteen percent (15%) of the sum of (a) , (b) , and (c) . The total assessment for said Curb and Gutter Extension No. 38-533 is levied at the following rates: RATE PER RATE NO. IMPROVEMENTS FRONT FOOT 1 Curb & Gutter, 16 ' $29 . 73 Paving & Misc. 2 (Protested out) 3 Curb & Gutter, 16 ' $36 . 55 Paving, 4' Walk & Misc. 4 Curb & Gutter, 15 ' $29 .21 Paving & Misc. 5 Curb & Gutter, 14' $28 . 69 Paving & Misc. 6 13 ' Paving & Misc. $21.09 7 Curb & Gutter, 13 ' $28 . 17 Paving & Misc. Section 3. The assessment list made by the City for the property in Salt Lake City, Utah Curb and Gutter Extension No.. 38-533 as corrected, approved, equalized and completed by the Board of Equalization and Review, is hereby confirmed and the CC,a C) -6- b d assessments made and returned in said completed list and the report , recommendations 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. Land and lots which abut upon the streets identified in the Notice of Intention, or are adjacent thereto shall be assessed to a depth of twelve (12) rods back from the property line of the street or streets upon which they abut or to which they are adjacent (one lot only in subdivided areas) . Section 5 . 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 thirteen percent (13b/) per annum from the effective date of this Ordinance until due, provided, however, that the interest rate on assessments shall be adjusted to the net effective rate of the Assessment Bonds to be issued as of date of said bonds . • Interest shall be paid in addition to the amount of each such - G.a installment annually at the time each installment becomes due. a rrt -7- 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 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 15% 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 15% 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 e, • same manner as if default had not occurred. (In G> m F k P 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 bonds of Salt Lake City remain outstanding, transfer to said fund each year such amount as a tax levy of one mill will produce, either through a levy of a tax of not to exceed one mill 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 Chairman and City Recorder and shall be recorded in the ordinance book kept C • for that purpose. Said ordinance shall be published once in the Deseret News , a newspaper published and having general -9- circulation in Salt Lake City, Utah, and shall take effect immediately upon its passage and 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 within five 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. PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH, this 5 day of � 3y , 1981. Nm Chairman ATTES Ci ecorder ( S E A L ) c, CMS -10- r ADM-35A Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake �e ORDINANCENO.4,1f12 --- — Sh ana tea CC)nat AN O DINANCE confirminst if�e asfeotsment rolls and ..... f levYj -e tax providing tar the ass. enY of property in ke City,Utah Curb and Gutter Ex anion No. 38- _ (i the purpose of 00 ling tho'costs of construct- ing improvements on c#rta n stree+s,wItln sold dls- t ict.consisting of street.,, avingr IN on of a drra) �'stern, curb a yyalt �s „et Being first duly sworn, deposes and says that he is leg. .Iris st,drivewa s�ttorrr.the negutter to 0ge of$=alks,the �on and advertising clerk of the DESERET NEWS, a daily ,of-any property n sear 'tq f7lake such i. atxf%e c�xn atlas ofYpn mis- (except Sunday) newspaper printed in the English ce� �nec#ssarY eom let .t 4i prove- r�.and Wor ma a- ;, roof- language with general circulation in Utah, and fir ablishment` a sppcI aa Avament ani!'astabti�ri6 file a`Y �data of published in Salt Lake City, Salt Lake Count in the r�q. p Y� y, B C)Et t(E Y NT CITY COUNCIL OF SALT State of Utah. LAKE' LL LA COUNTY,UTAH: i City ncll of Salt Laka City,Utah hereby conffr s" m t roll as approv bY,M0 ioard of Equal on .evleiv for Salt Lake CI the findings Curb and GuttBr-, fits o: and ereby rmss t That the legal notice of which a copy is attached hereto 38!533, h a of the- E if Lion and Re low }fie proposed Iist of ass# sa u lzed by th .Boat! Equalization and Rev ig a Gutter�x tant8 s I acid equita- ble; ot„'ro.ety wijh Curb n Gutter notice Cat SF n e #4 o 1982 (Curb & Ctl'�teT Ex i `bee if1 an, not t - `than the asse fik ev� lt�t rty,1:qqd that no Piece- - Yam+ st `i - ears t bet WIII" or more than I loinvo a of the co t,qq��.8uch 1,proVer>tents. �Tflfl".Couttell fifatr`. a a City,.Utah doesExtension #38 ' herebl! to.E d; $se.W uPb hr a re.,Prgperty de- ........................................... ................................................................... scri slon No.of 31-ill t �t Or,n s le of Cjr� e; o raElot,part b ' sin lot,part n described shall ( A t set forthbi .0 ,which is ............................................................................................................... No.3B [ a menu lay ed u eac hereby t„ Ya by.rr 'r � t it this assess to ba,. tKaCc with the assessni#ri f �La , f Curb'11 'Gutter Ex- tension Nq, _ '533raw)thi -tll# ollog descri or ea and boundaries"' ............................................................................................................... 61R ,,2 7 28;'29, 3,32,and 33 and 48 all In < S.IYLa�Ce City S t�Y,.elso the South- east' l the Southeast uarter 0{ Section 32, ............................................................................................................... Town h,Range 1 East,Salt Lake Base and Quartet- S i�32m•Town�shlpt lr n orlthn Range i one,p$41 .s" ass a era�w pegr��(aw rlwit h 111 was published in said newspaper on........ # .«.. �?,.. +� ..... ed in Section 14,Township 1 North,Range T West,Salt Lake Be `and Meridlan. BOU DARIES: No' -7th Avenue ..................`...ti...................... ..................... East-Virginia Street uth-3rd Avenue q { 4, e We -'IN"Street ., �.1, The assessments hereby levied are for the Purpose of pay .......................................::......... .................................)............... in g the cost��f constructing improyerrienfs on certain streets within said dfbtrict consisting movements paving construction of Legal Advertising Clerk a drainage system, curb and gutter where it does not now exist, driveways from the new curb and gutter to the street edge of sidewalks, the condemnation and acquisition of any property 'neclssary to make such Improvements, and the completion, any other misceilanequ'a work necessary to e. complete the'improvements in a Proper and workmanlike 20th manner. Said,improvements are more particularly described efore me this ................................... day of in the assessment list for said Curb and Gutter Extension which list has been incorporated herein by reference and made a part of this ordinance. A,D. 19.82 Said assessments are hereby levied and assessed upon .......... ...... each-of the blocks, lots,'parts of blocks and lots, tracts or parcels of real property described in,the assessment list ac- cording to the extent that they front or abut on or are adiacent to the stray mentioned in said assessment list and are special- ly benefite8 by the improvements thereon.Said assessments are levied upon the land and lots in said Curb and Gutter Extension yvh h abut or are adiacent.(one lot only in subdi- vided areas)fo thestreet or streets which have been Improved , in said District,and at equal and uniform rates.An allowance ... ........ ...... .... . on said assessments has been matte for corner lots so that Notar I�Ub 1C they are not assessed at full rate on both streets. y The total B�oost of the improvements in Salt Lake City,Utah Curb and Gutter Extension No.,38.533,ls$458,086.21,of which total cost-the City's portion is $175,091.55 general and$97,- 01,66 to-tie paid by the City as an abutting property owner for the City,Cematary.The City's portion for said Curb and Gutter Exteo%n includes that part of the overhead costs for which an assessment cannot be,levied,if any,and the cost of making improvements for the benefit of property against which an assessment troy not be levied, if any.The balance to be as- sessed to the,owners of property affected or benefited by the improvements in Curb and Gutter Extension'No. 38-533 is 1$185,378.00,which.is the total amount of the assessment hereby levied for will blstrict and which does not exceed In the ao- ",'gregate the,som of: (a) the total contract price for the im- ptovemeMs uf�dar contract duly,let to the lowest and aggre- gate fhe gultt�f: (saall)the total contract price for the Improve bel biddetl�refotct(b)tfiefr a „so bbleeecosand best tyeeseorvic- e�maintegartce, labor,,ma�rials,or equipment, if any; (cj r the property�sric�r if env; (d) the 1„tarest a y;( talm warrants issuetl against the pl riot ) 4atfs 1" not t ex ;�,- verca„t ib ? `, tip,datd y. Rah Na. Improvembtts FNDt'Fgof 1 Curb&Gutter,16, f9/.n P�pp•vire8 MoysO� 3 Curb Lg(12f16' �'SNAS Pay7Dy d'Witi a mi.. d Curb&Gutter,1Y $39.21 n Pavlrq&mi.. 5 Curb&a Miesr,id' sn-69 Paim 6 13'PaVin9&MISC. S21.09 7 Curb&Gutter,13' S".17 Pavy Section 3.Tle asseng IS ssment h list made by the City for the N 3&537 855eo 1e21'0 to YpX'M,equalizes aadR umPlo¢tl by the Board of Equalization and Review,Is hemtD fl,med and the assessments mad.and returned in said completed list antl the report,nex ommeMations and decision ofthe Board of Equalization and Review to me City Council of Salt take City, Utah,are hereby ratified,approved and confirmed. Sect.d.This lax is olpe¢vied and assessed alunifowe4ual and umnrtherates streetsnI=tisuchflee in the NNootceaoff Intenflono r erc aaiscent thereto shall be assessed to a depth o twelve(12) which meerrabut a to wfiich tZy aretaaddia ent(orrM e lot only in subdivided areas). said Special The whole oistr any mraof be oaidawitlaui infeor tive-Z,Partt of(the asssessment this Paid wlthinnssucthsfI den (IS)day perlod shall W payable over a period rot to exceed (10I(10bsttantially Must effective frn al¢instaliments°wi h Interest ton the unpaid balance of the assessment at the rate of thirteen fectpercent(ti�s)iie eProvlded.fn°o`w"evherematitne intete rest rotenone- _ assessments shall ce adlusted to ins net effective rate o the Assessment Bonds to be Issued as of date of said bonds.Inter. est shall be paid in oddllion to the amount of each such install- ment annually at the time each installllmaent becomes due.At- far said lrevieGSagainst a;nxi,ecle of procertyInstal(but o of�n their entirety aY be Paidprprior to the dates on which rhey become ti—I amount.-I to Me Inteiest whictmi uswtulld acRue ndlhe assessment to an,the next succeeding date on which Interest is loa- "onaofle on the c0lectionyy'Pezlaof the assessment entssplussued suchnaddlitional tna sure theaval the labili insv of monevl to PaV Treainterturerisison ins spay clef Improvement bonds as interest becomes due and any P hlchumay becealled in order out�ize der redeemable bonds Paid'n advance. Default In teas pavment of any installment of principal or interest when due shall cause the whole of the unpaid Prind- Pal and'interest to become due ant PayaDl¢immMlafely,ant Me wnol¢a mount of the u Pale DrindPal shell thereafter draw interes at me rate of is%Par a num until paw,but at any time Prior to the date of sale or foreclosure the owner May Pay the arteunt o all unro¢id installments pssl tlue,wtm Mmerest at the rate of 15%per annum to sate of ceyment on e tlelinquMr instalments,antl all approved costs,and shall mereupon be restored to the right thereafter to pav In install. menu in the same manner as if default had nor occurred. Section 6.The CRY Council of Salt Lake City,Utah,does j hereyyby reaffirm the creation of a soecial Improvement guar- am lnance.so to nil at the ytsipm�a of tyassessment appropriation of Salt Lake CIIV remain ouistansinp,or for to said fund each veer such amount as a tax law of one mill will Produce,either through a levy of a tax of not to exceed one mill in env one r by the Issuance o general obligation Dorris or by appropriation from otnrr available sources,for the purpose of t guaranteeing to the extent of such fund the Payment of Soecial assessment bonds d Interest ttathereon i sued against local impm, is th efts allnindmerimannertand to inetextent Plrovided by In laws of the State of Utah. Section 7.The officials of Salt lake City,Utah,are hereDY authorized antl directed to take all action necessary ant so. 1 Proprlate to effectuate the Provisions of this ordinance. Section S.All ordinances or Parts thereof in conflict with I, this ordinance are hereby roweled. Section 9.An emergency N MIebY declared,the prreserr ia. Lion of peace,health antl safety o Salt Lak¢Cit ff 1 hoolumh thereof so requiring.Immediately after Its adoption, this ordinance shall be signed by the Chairman and City Re- corset and shall Pa recorded In fhe ordinance book kept for r that Wrpose.'Said ordinance shall be Published-Once In the Deseret News, paper Published and having;general circulation in Sal Let a City,Utah,a d Mall take effect Immediately m dab Zia pots Its Passage and approval and Publication as reodirected to file a WM not m Recorder ent ordinance hereby authorized five doyss from the date hereof in me Salt Lake County Recorder's oft'mono'list by referennce,e,Rio,C tyI Recorder ispfurtheer direcf1M. Ills a coOv of the final assessment list with the Salt Lake Coun- ty Recorder. SALT�LAKE CITY,UTAH this Still daD BY y of Ja InwrY COUNCIL Of Sydney R.Fonnesbeck ATTEST: Chairman K�etlyhryn Marshall (SEARar ,