004 of 1987 - Replacement Special Improvement District No. 40-R-7 0 87 -7
Salt Lake City, Utah
January 13, 1987
A regular meeting of the City Council of Salt Lake City,
Salt Lake County, Utah, was held on Tuesday, January 13,
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 Vice Chairperson
Tom Godfrey Councilmember
W. M. "Willie" Stoler Councilmember
Earl F. Hardwick Councilmember
Florence Bittner Councilmember
Sydney Reed Fonnesbeck Councilmember
Also present:
Palmer A. DePaulis Mayor
Roger Cutler City Attorney
Kathryn Marshall City Recorder
Absent:
The City Council reviewed the October 30, 1986 Report,
Findings, Recommendation and Decision of the Board of
Equalization and Review for Salt Lake City, Utah Concrete
Replacement Special Improvement District No. 40-R-7. 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 modified
and 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 Mabey
adopted by the following vote:
YEA: Earl F. Hardwick
Grant Mabey
W. M. "Willie" Stoler
Roselyn N. Kirk
Florence Bittner
Sydney Reed Fonnesbeck
NAY: None
Tom Godfrey was absent at the time of vote
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:
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ORDINANCE NO. 4 of 1987
AN ORDINANCE CONFIRMING THE EQUALIZED ASSESSMENT
ROLLS AND LEVYING A TAX IN THE AGGREGATE AMOUNT OF
APPROXIMATELY $237,712.00, PROVIDING FOR THE
ASSESSMENT OF PROPERTY IN SALT LAKE CITY, CONCRETE
REPLACEMENT SPECIAL IMPROVEMENT DISTRICT NO. 40-R-7
FOR THE PURPOSE OF PAYING THE COSTS OF THE REMOVAL
AND RECONSTRUCTION OF DETERIORATED CURB, GUTTER,
SIDEWALK AND DRIVEWAYS AND RECESSED PARKING AREAS,
CONSTRUCTION OF MINOR DRAINAGE FACILITIES AND WHEEL
CHAIR RAMPS, WHERE NEEDED, REMOVAL OF ILLEGAL
DRIVEWAYS AND REPLACEMENT IN THE PLACE THEREOF OF
TOPSOIL AND SOD, REMOVAL OF DETERIORATED ASPHALT
DRIVES AND REPLACEMENT WITH CONCRETE 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 modified, equalized
and approved by the Board of Equalization and Review for Salt
Lake City, Utah Concrete Replacement Special Improvement
District No. 40-R-7 (the "District" ) , and hereby confirms the
findings of the Board of Equalization and Review that the
proposed list of assessments as modified and 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.
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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 removal and
reconstruction of deteriorated curb and gutter, sidewalk,
driveways and recessed parking; construction of minor
drainage facilities and wheelchair ramps, where needed;
removal of illegal driveways and replacement in the place
thereof of topsoil and sod; removal of deteriorated asphalt
drives and replacement with concrete and other utility
improvements and modifications necessary to complete the
improvements in a proper and workmanlike manner. Said
improvements are more particularly described in the assess-
ment 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
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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.
The total cost of the improvements in the District is
$414,644.70 of which total cost the City' s portion is
$176,932.70. The balance to be assessed to the owners of
property affected or benefited by the improvements in the
District is $237,712.00 (excluding private driveways) , 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
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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.
Section 3. The assessment list made by the City
Treasurer for the property in the District as corrected,
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 five (5) years from
the effective date of this Ordinance in five ( 5)
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
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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 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.
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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
Chairperson and City Recorder and shall be recorded in the
ordinance book kept for that purpose. Said ordinance shall
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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 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.
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ADOPTED AND APPROVED by the City Council of Salt Lake
City, Utah,. this 13th day of January, 1987 .
l
airperson
ATTEST:
' ty Recorder
( S E A L-
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After conduct of other business not pertinent to the
above, on motion duly made, seconded and carried, the meeting
was adjourned.
C airperson
ATTEST-
Ccecorder
( S E A L )
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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 January 13, 1987 insofar as said proceedings relate to or
concern Salt Lake City, Utah Concrete Replacement Special
Improvement District No. 40-R-7 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 13th day of January, 1987 .
I further certify that said Ordinance was published one
time in the Deseret News, the publication affidavit of which
is attached hereto.
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IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said City as of this A-6ay
of January, 1987 .
y Recorder
S E A L
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STATE OF UTAH )
SS . AFFIDAVIT OF MAILING
COUNTY OF SALT LAKE ) NOTICE OF ASSESSMENT
I, Cheryl D. Cook, the duly appointed, qualified and
acting City Treasurer of Salt Lake City, Utah, do hereby
certify that on theme day o Ces^l 1987, I caused to
be mailed a Notice of Assessment to each property owner in
Salt Lake City, Utah Concrete Replacement Special Improvement
District No. 40-R-7, 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 day
r� 1987.
City Trea rer
( S E A I, )
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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
13th day of January, 1987, was published one time in the
Deseret News.
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STATE OF UTAH
ss. CERTIFICATE OF FILING
COUNTY OF SALT LAKE
I, Kathryn Marshall, the duly qualified City Recorder of
Salt Lake City, Salt Lake County, Utah, do hereby certify
that on the � day of , 19'3r, pursuant to Utah Code
Annotated, Section 10-16-7 1953, as amended, a copy of the
Notice of Intention and resolution creating Salt Lake City,
Utah Concrete Replacement Special Improvement District No.
40-R-7, as finally approved, was filed in the Salt Lake
County Recorder ' s Office. ,,��,,
I further certify that on the �f'day of ,
1987, pursuant to Utah Code Annotated, Section 10-16-18 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
affixed the corporate seal of said Municipality as of this
day of 1987 .
IN Recorder
( S E A L
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the agenda, date, time and place of the January 13, 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 9th
day of January, 1987, a date not less than 24 hours prior to
the date and time of the January 13, 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 January 13, 1987 regular Council meeting; and
causing a copy of the Notice of Regular Meeting to be
provided on January 9th, 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 hand and
affixed the official seal of said City this 4`day of
January, 1987.
Recorder
[ S E A L
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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 January 13,
1987, was given by specifying in a Notice of Regular Meeting
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