041 of 1982 - Assessment Ordinance for Special Improvement District 38-622 STATE OF UTAH,
88.
City and County of Salt Lake,
I, Kathryn Marshall City Recorder of Salt Lake City, Utah, do hereby
certify that the attached document is a full, true and correct copy of . .Bill 41 of 1982-, the
i,
Assessment Ordinance for Special Improvement District 8-622-,-- - ------- - - --- -------- _ ----_-_
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passed by the City Council of Salt Lake City, Utah, . . . June 15., 19 82
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
City, this--------- 18th day of . . . June-- - 19-82_, Cyr
.-.(SEAIf) -
--- -- ------- - -
a City Recorder r�
"` � 1 Published June 21, 19
Sydney Ree -
ona d Whitehead
ice earer
a e
Thy ordinance was then signP_ r�h� rl,P Chairperson in
E _
ORDINANCE NO. 41
AN ORDINANCE confirming the assessment rolls and
levying a tax providing for the assessment of
property in Salt Lake City, Utah Curb and Cutter
Extension No. 38-622 , for the purpose of paying the
costs of constructing improvements on certain
streets within said municipality consisting of the o
construction of curb and gutter , decorative
sidewalks , asphalt paving, pedestrian crossings , Cyr
plaza, planters and sprinkling system, and the C%)
completion of any other miscellaneous work
necessary to complete the improvements in a proper T
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 CIT'�,
SALT LAKE COUNTY, UTAH: h
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Section 1 . The City Council of Salt Lake City, Utah,
hereby confirms the assessment roll as corrected and adjusted
by the Board of Equalization and Review for Salt Lake City,
Utah Curb and Gutter Extension No. 38-622 , 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 district is just
and equitable; that each piece of property within said
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 .
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. 38-622 . 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 assessment list for Salt Lake
City , Utah Curb and Gutter Extension No. 38-622, is bounded CIO
by the following lines as defined by the Salt Lake City
street numbering system: r*,
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4
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AREA: Block 52 , Plat A, Salt Lake City Survey
BOUNDARIES: North South side of 3rd South*Street
South North side of 4th South Street
East West side of State Street
West East side of Main Street
The assessments hereby levied are for the purpose of
paying the cost of constructing improvements on certain
streets within said municipality consisting of the
construction of curb and gutter, decorative sidewalks ,
asphalt paving, pedestrian crossings , plaza, planters and
sprinkling system, and the completion of any other
miscellaneous work necessary to complete the improvements in
a proper and workmanlike manner. Said improvements are more
4
particularly described in the assessment list for said
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 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
aw
district which abut or are adjacent (one lot only in cn
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subdivided areas) to the street or streets which have been Ca
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improved in said district, and at equal and uniform rates . .,,
An allowance on said assessments has been made for corner
5
lots so that they are not assessed at full rate on both
w
streets . -
The total cost of the improvements in Salt Lake City,
Utah Curb and Gutter Extension No. 38-622 is $712 , 171 . 75 , of
which total cost, the City' s portion is $358 ,973 . 75 . The
City' s portion for said district 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. 38-622 is $353 ,198 . 00 , which is the total
amount of the assessment hereby levied for said district and
which does not exceed in the 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) .
Section 3. The assessment list made by the City
Cn
Treasurer for the property in Salt Lake City, Utah Curb and W
Cat
Gutter Extension No. 38-622 as corrected, approved, equalized
and completed by the Board of Equalization and Review, is r"
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hereby confirmed and the assessments made and returned in `D
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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. 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 district may be paid without interest within fifteen
( 15) days after this ordinance becomes effective . Any part
of the assessment not paid within such fifteen (15) day
period shall be payable over a period not to exceed ten (10)
years from the effective date of this Ordinance in ten (10)
substantially equal annual installments with interest on the
unpaid balance of the assessment at the rate of seven percent
(77) per annum from the effective date of this Ordinance
until due . Interest shall be paid in addition to the amount
of each such installment annually at the time each
installment becomes due. After said fifteen (15) day period, W
all unpaid installments of an assessment levied against any
piece of property (but only in their entirety) may be paid r"
prior to the dates on which they become due , but any such
7
prepayment must include an additional amount equal to the
6
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 Acting 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 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.
W
Section 6 . The City Council of Salt Lake City, Utah, CG
does hereby reaffirm the creation of a special improvement
rt
guaranty fund and shall at the time of each annual
12
8
y t
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
:g
ordinance book kept for that purpose. Said ordinance shall W
GO
be published once in the Deseret News , a newspaper published
and having general circulation in Salt Lake City , Utah, and
CJD
9
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 15th day of June, 1982 .
Chairperson
ATTEST.
--
Ckti, Recorder
( S E A L )
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PAGE-I- • FINAL
T� RATE 4j-..5200 00
CG G• x_'" Or7
--------F%T. IN L'I, b22 /- RATE PER FOOT- - NOTICES MAILED---- Na.41iNIJ-L INSTALLMENTS--
NANE 6 AOOR EBB LOT Blle�i VIBiON FEET A.—T TAl
BLOCK PLAT OR
FRONTING ON TFE NORTH SIDE OF EXCIANGE PLACE (BET t MIN AND ST E ST.)
1 1961
RATE 02
✓gas 1aN PImnING_ASSOC_IATEi GE PLACE-84111 4 52 IL—AT 'q�._SLC SUR 152 60 8Q0_.00 (Do's.eo
9 EXCHANGE PLACE
___1ST FT RATF q2 --
1 1957
A
BOSTON BLDG ASSOCIATES 25 EXCHANGE PLACE 84111 3 52 PLAT 'AI SLC SUR 138 27,-600.00
RATE 41
BO F�R'tl`"TEFC-S1'-ZTnYK GEC I59
EXCHANGE
t 1952
AIE"ACH RFAI TV Co— $ 0_0 iO�.JJ
%TRACY COLLINS TRUST CO.
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..�rl a. "c.J t.e.a...,��_ �_ �c.X " na
—EF7�Si6R� - STh -e-�sarrarxE+rr R411L _�� 0
0,000 00
`o-AUERBACH CO.
�9TATF
1_la"6 —_
J. RICIiPJ2D E LUCI LLE T. WI LLI 2662 DWANCHE DR. 1 52 PLAT 'A' SLC SUR 115 __23 000.00
136b-i FATE ST. 84108
508 FT RATE 41 FRONTING ON SOUTH SIDE E CHANGE BETWEEN MAIN E CACTIS ST.)
1 1960
l.<e RATE 42
r�, STIr1SCN_ 5" - RL
UR52 -
` RATE I 13 2�6a.11D-.
Ia�v,
RATE 01
CO`M!ERCIAL CLUB, LTD. 32 EXCFUWGE PLACE 84111 3 52 PLAT 'A' SLC SUR 57 11 400;00 '�' •'
—1.1
CCNaMERC1AL CLUB, LTD 32 EXCHANGE PLACE 84111 3 52 PLAT 'A' SLC SUR 109
0 FT RATE
RATE 01
FR:�:K+ YPFAI�Ir io
-
+L.JLbEPFFF--G t00Y Ll).5-ANGELEST-CA-90005
—355E-47
�9 FT RATE M1
FRONTING ON EAST SIDE CACTUS ST.
RATE 01 i6fH,�•n
45-55 E 4TH SOUTH
D.
0
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I� W
00
00
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PAbE.-2- FI[l,L
• RATE 01—$20 .Jn0I�0
C'8.G' 622 RATE PER FOOT-X2 40 'IVOTIC— MAILED- NO.ANNUAL
• � i
NAME I AOONE86 LOT LOCK PLAT ON9U90 I V I61ON IEET AMOUNT IN." l L
1 1951-001 RATE XI 95.65 19,L3D.00
D'CCfJNELL, STPDSFIELD, 44 EXCK"E PLACE 84111 1-2 52 PLAT 'A' XI 93.01 18,602.00
C LE L 37,7J�.na
178.99 FL RATE.X1
i ig5n-nn-I _
I 7Ja'.o0
R9 OR T o SE6A G
-IRIS A Mnor n unrzn nscrJ _ 'Zl CRESTWOCD DR. 8410 1 2 PLAT 'A' RATE Xl 92 69 18,538.00
ET AL
422.F_T RAT—lk _.. _.
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- 353,198.00
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-D.35A
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
. - K E NO.at - -_ aMam pa Crowty
pptp ...............................................................................................................
IAeVNylrna el nx Arm fI.,file a tot prllpe Y
In Salf Lake Gry,Urah Cure %Ief13id1 No.
3ILM,for Me Izlrpme of .Ilk 001n O consfrUct-
p°in °?n`lremyK*WIMIn'°Id mw Being first dui sworn,deposes and says that he is legal
Icppaallttyy of the n streets
Ion of curb ens
9uHer demreHve a alNs,esphe r peWfe,pndastrl- g y
an s•D, Planters Plefe ai n a 'Work
advertising clerk of the DF,SERET NEWS, a daily
aro r.orlrm.nW to foper
lrorrre coaxer;Ireefflrmlrq IM-��bla a (except Sunday) newspaper printed in the English
nnenf Of a lei Imoro—e."
nq�yi m.~[_data h.:J, nca language with general circulation in Utah, and
BEE IT:- AINED BV THE CI1X CAIIIML OF SALT
LAKEC •� TCLAK�uNMTSYeIUrTA city utan favebY published in Salt Lake City, Salt Lake County, in the
conflrmd. IMH r u it of Salt La aCi epiwfed by ma State of Utah.
�erd oii Uaflan elt8 Revl�Solt i�„e Ciry,Ufah
"e(nd( 1MBBxmrd of EOi/ellret oneM�e evnW MMI/B1e
pfe of m ptw'�by"M�eeore Pr That the legal notice of which a copy is attached hereto
II�fIOn�f„ w w�Dror ww�imi�d I .1�trot wlliiree
vi�retlroMeadif '�a oWrw Othifchtm Pl��oaolDrerrD�ype le- Pub 40tice CC 0rUnw ce#41 of yap'
1
nd In Me 8 1 IISSr will beer more man its Proaorfipiei to
shareoo(fmdaafastx;tlmwr ......................I..............�..�CtlYb 8e Gltttlr
SedbA 2 TM City Cwrcil of Salt Lake Ciry,Urah does .....................................
e8sassad WGM1 do- ..........................
u1erie'8b'ea ut a aaMfses t�an1 IIS1 for Culp aria O�utte z1 oleo Extension#38-622)
ereuor par navies uem iartvch block,bh pert ...........................................I..................
alorlalI bye In the a �f�f�h IM rreitf Ilrth:IMEeltls
.....................................
horoW
poraled by
and,
th
Plait
he
theI t rwK@ Ufah�Iq nr MAe har ExE ....._........................................................................................................
tans
dish
d4f
1 „T th I of a es�D. iyBtreer
gt� ��. ......... ....
EWRf al .M Klein Sfrebf z �• .. ..... .. ..... .......... .........
rq'71N. s her 1eVi4d 8ro .. roses of par- ............................ ....
WlMlneae,nunc r O loon of curb
.......... ...... .......... ... ........
aarorafo peMen
a mftfo Juete 21s 1962 a^d"'� was published in said newspaper on.........................................
aro >J e
mrmplefWn d am° 'ril I tlec'T,"'
c 00.the Improvenwnh.foe '�ypfkmanlike
rtWtner.Ssld Ingrownlenn ary r deettibed
In me assewnenI Oft hr mr0 ei f Nee I In-
corlbrata0 herein by reerefKe endno"
McIfti0 afsesvrlBnrs are 8erebY IBVIld asfesse0 uDoa ....` .......
oxdk(ss Coat r } / .....
sent of mf bl ,Ion,uarls of I a IMs, racts or par 1
tole of real property described in Ile eaeesmenr Iias accord �...,_,?., t•\'....': ....... I�� V !,
Imp to Ilne extent Thar ihaY front or ebW or era aelecent ro - ......
life streM mintl in saW anafsman Ifsnt end ere specially
banaRruapapb�Y ma lmyrovemenlf knot sold pffaffinenh are Legal Advertising Clerk
dle%e f(�br MlydlnbwbMdivfw lafrl�b))w OKn�i are \
s1rNh wCIM here bebn irtproved in realtl districts end of
Mual anal Mlbfm roles.An a110WMtce an f810 eSSaSSmeM3
tlaa bean rlleda hf artier lots s0 ifles iflfi)'aro rot easeseed el
ktu renpl6oMstreeu fy Ire me this...............................Ottt
� '............................................day of
CurbThasMoSGut art Ezle�rlsl0mil�Np bd Is 17i2,iL]Ik 75 of NMIt
foul Goer,Me Ci,y's oaYlon;sr7nd5. CNY' D�t �ji
for Said dls,rl Includes the �aa� ,,,,,A.D. I9....,..,,
which ro agaSNnwnt renfw be Nvie4 If env,eM Me post M
Is
mYhak�nlmorov�n�rlte�1>�tlf anvrT�shembeler�inroM }
b�es duWrt.f�malbfawaars sxr bn resDonA. .......................1 .. L LL....... /z
a Io the owners of PropeftY affected or b0refifed by /
le
ity
the I Il Curb end Gofer Extef161an No.36833 y , /
Bare the sum W:(a1 rid which does not exceed In the adore,
the total tauten Price ro/M*I mpro', /--
u
es,rr191nfef1erlOB labor,malerles a e cost oflL ili env;W .•.....t.�... �:1 F...4.�.y........
war e°r°s°wum m61. 1' (m irl t;teMl aWreeer)a�nyeerfnlvealtlnlearrin Notary Pub�'c
ndt to exceed fifteen percent(15%)of its sum of(t1),(b),and
(c).
Section 3.The assessment list made by Ile CIty Treasurer
for the Propary In Salt Lake City,Utah Curb and I=r Ex-
tensi�on No. 7BdR2 as carrecnd, approv eoualUad end
ffrnlf0 sro lhe�drdise taiLmeU and i rrted tr!llIC f.IM Gly CpMcll of'a",Iake CITY,Utah
dyes
it—. ,Wd IISt eenrtdd mnee rePttL eoomrnnMetlon and dectalon of her eafflrm rye deerian of a specal k.C'"Ufa War
S. �loertl of EaUtah,are and Revnw a Me roW Cwntll of any fq and shall M Me cote M each annual appmprletian
S. ke Ciry,Utah,are MretYY retlNro,aporovnd end ran- oL.reke CItv,r=i ="" aWro R�Mhbm,p1 Salt
elf Iretes miswtax
i orplpe8v .airout�M�Inslwh9MleW+ msIri ha'I"evv°a art xeIVv l,Itofroan mill w nr yl Prpld—^ry'r
urrm me sheets McMifind In IM NOlirsaof Intension,M era ,,,,, rear or by Me lssuafKe Cif a to e 1 obhoonnnon'lllmec orMofObyCr
ed scent Mesh 911p11 ba a 1p a depth of twelve(ld1 appropriarWn from other avai al x spurces,iM the Durpox of
r�bark from the properly I ro of qlf ellaef M ftYSets upon 9uaranteelnp to Me extent of wM(und Me payment of special
svnlU they alwt or ro WhiCchh Ilnev are aElaceM(ore lot Only In assessment IAztls arty Interest merapff IsSypd apalrlct torsi
sundlVWed areasl. Improvmenr iffric}s for the payment Of local Improvements
Sebflpy81 S.Tine whole ar am pert of IIM aeseesrtlente ror mereln,all In If marzer and ro the extent provided by the
Itl diafrin cosy be geld wIMM Interest Within fIftBM f151 laws of Me Stan of Utah.
dayf after Mb Ordinance tetprrnes effective.Any pan M 111e SMion).T/e oRicialf of Self LakeiCP,U1ah,are here0v
ESceesnlertl M paid wlMin s1 11 nfteen o$)a.v perlotl shoo aullerized and eirecled ro take all action neceasary oral ad
e Pevable over a Derpiortl nor ro epctefea0(ten(101 Years from the ProOrnh to effectuate the proylsbm Of Mis amine
elfecYl11l8nnef}afellrreNspswlM llni�eat orl ihetuilpe dpsert�llB IlYofe 1 this dilranre arle hereby repealed US thereof in conflict with
sseseHecrlve Oa„teeot cots ordinellnsce (aw�IrM fenciufmhah be non o ate' I a AP nt Y n of So tLai'craC'I rNry DidfeMe ir1-
pots`In adtlhbn f0 the amount of Beth such Imfallmenf sore- habitants thereof so r=rfrt�mrrledianly aver Its adonlm,
this
alevietlrapeinct art ace otlDroperry din melt insetY Me WmPose.Said lmdina emit be DublWmd once In me
leer 15)dey'parlpd ell tlMeplaasidgl lnsnllmenls of a asseesns M Recorder and 11 be recordpe ld In Me o dMar eepbogp¢krn ken for
may bKe�r Ymatrt must Include ar11M banal amoue n�enudl -fall.in Sell La C'jy Urahbendshsdslbl�falteieNecf�memeEi-
to the Interest vbdM would a�Uf do mepaaysseefrrleM ro Me areal upon its pasaape ant approval and Publlcarion as ro-
cc al asfesarMnl bottle I65uetl InnaMlNpetlpl Mb collBc7s putt=iry_a i0.The City Recorder Is hereby aunerized and
of trio bsseSsment plus atrch addltkxml alveunt eb In the cooin- tllrecl¢d h(Ile a copy of the affefsrremf ortllnenre wlMln five
tan of Me Ciry Treasurera,Sis neoesfEepsrvch assure ifs availablli- days fran tyre don hereol In fte Ssf Lake CWnty Racprdar's
nes bemre9sEueterxl rant aemiuirtb aWssehidssl rtrnsrliavrbe dcprie numn I brrYer TF nsle sV Re�cpritlr i waMnsier din«reSEed to
payyable do retleemable bofld6 Whkh met le WINd in o/dfr to HIB a ropy of Ilne final assessment Its,wIM the Sall lake I to
utlli>•a fhf asSeWrenlc thus Paid In advance. tyRocortler. -
Defaulf In Me paymentusoaf enY Inffallon�lens oufnprinclpal or PASSED AND APPROVED BV THE CITV COUNCIL OF
Inter
and
Os Intesrosf b 91ebecMe due arrfsiM ppaayylle ImmaOlatelyrlBnG SALT LAKE CITY,UTAH,cots 15M day of June.1962.
the whole amount of the unpaid or.1 l shall thereafter /s/S.For—beck
draw Interest at MB rate of 18%Per emrem Until paid,bW al ATTEST: Chairperson
arm lime Mior to the run of tale or forecldUre the owrev /s/KR=Marshall
may WY iha ameMt of all unpaid insnllmenN pat,due,WIM City Recorder
inter��arubnly�ran 10%oar MlaumpptYopyde of pavmeM on Publislnetl:Dasaret News f/21/83
fie delinel b 1=1 M Rlearllo�atltlMreeMe to
WY arty etil C--
meMbinthe same manlx of If default had ter occurred.
f V{ 1/tili P t��✓ 4 i
MOC{ Fli-ME-D Q 82-3
Salt Lake City, Utah
June 15 , 1982
The City Council of Salt Lake City, Utah met in regular
session on Tuesday, the 15th day of June , 1982 , at its
regular meeting place. The following members of the Council
were present :
Sydney Reed Fonnesbeck Chairperson
Palmer DePaulis Councilmember
Ronald Whitehead Councilmember
Alice Shearer Councilmember
Grant Mabey Councilmember
Ione Davis Councilmember
Edward W. Parker Councilmember
Also present:
Ted Wilson Mayor
Absent :
The Chairperson noted that the City Council upon
receipt of the recommendations of the Board of Equalization
t
and Review for Salt Lake City, Utah Curb and Gutter
Extension No. 38-622 called for a special public hearing
concerning the recommendations and other matters . At the
May 11 , 1982 hearing a majority of the property owners to be
assessed objected to the proposed increase in the interest
rate on unpaid assessments compared with the interest rate
disclosed in the Notice of Intention. After considering the
matter in light of the objections raised by the affected
property owners , the Council decided to follow the
recommendation of the Board of Equalization and Review in
all respects except that the rate of interest on unpaid
assessments should be the same as is set out in the Notice
of Intention. The following ordinance was then introduced
in writing , read by title , and pursuant to motion duly made
by Councilmember Parker, and seconded by Counci_lmember
DePaulis adopted by the following vote :
2
YEA: Sydney Reed Fonnesbeck
Palmer DePaulis
Ronald Whitehead
Alice Shearer
Grant Mabey
Edward W. Parker
NAY: None
The ordinance was then signed by the Chairperson 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. 41
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. 38-622 , for the purpose of paying the
costs of constructing improvements on certain
streets within said municipality consisting of the
construction of curb and gutter, decorative
sidewalks , asphalt paving, pedestrian crossings ,
plaza, planters and sprinkling system, and the
completion of any 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 CITE,
SALT LAKE COUNTY, UTAH:
3
Section 1. The City Council of Salt Lake City, Utah,
hereby confirms the assessment roll as corrected and adjusted
by the Board of Equalization and Review for Salt Lake City,
Utah Curb and Gutter Extension No. 38-622 , 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 district is just
and equitable; that each piece of property within said
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 .
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. 38-622 . 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 assessment list for Salt Lake
City, Utah Curb and Gutter Extension No. 38-622 , is bounded
by the following lines as defined by the Salt Lake City
street numbering system:
4
AREA: Block 52 , Plat A, Salt Lake City Survey
BOUNDARIES: North South side of 3rd South6Street
South North side of 4th South Street
East West side of State Street
West East side of Main Street
The assessments hereby levied are for the purpose of
paying the cost of constructing improvements on certain
streets within said municipality consisting of the
construction of curb and gutter, decorative sidewalks ,
'asphalt paving, pedestrian crossings , plaza, planters and
sprinkling system, 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
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 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
district 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
5
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. 38-622 is $712 , 171 . 75 , of
which total cost, the City' s portion is $358 ,973 . 75 . The
City' s portion for said district 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. 38-622 is $353 , 198. 00 , which is the total
amount of the assessment hereby levied for said district and
which does not exceed in the 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) .
Section 3. The assessment list made by the City
Treasurer for the property in Salt Lake City, Utah Curb and
Gutter Extension No. 38-622 as corrected, approved, equalized
and completed by the Board of Equalization and Review, is
hereby confirmed and the assessments made and returned in
6
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. 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 district may be paid without interest within fifteen
(15) days after this ordinance becomes effective. Any part
of the assessment not paid within such fifteen (15) day
period shall be payable over a period not to exceed ten (10)
years from the effective date of this Ordinance in ten (10)
substantially equal annual installments with interest on the
unpaid balance of the assessment at the rate of seven percent
(7%) per annum from the effective date of this Ordinance
until due . Interest shall be paid in addition to the amount
of each such installment annually at the time each
installment becomes due. After said fifteen (15) day period,
all unpaid installments of an assessment levied against any
piece of property (but only in their entirety) may be paid
prior to the dates on which they become due , but any such
7
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 Acting 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 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 1.8% 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
8
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
be published once in the Deseret News , a newspaper published
and having general circulation in Salt Lake City, Utah , and
9
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 15th day of June , 1982 .
Chairperson
ATTEST.
CYtV Recorder
( S E A L
10
Thereupon Councilmember Parker moved that toe Council be
authorized and directed to give notice of assessment by mail
to the property owners in Salt Lake City, Curb and Gutter
Extension No. 38-622 , which notice shall be in substantially
the following form:
11
Thereupon Councilmember DePaulis seconded the adoption
of the foregoing motion, and the same upon being put to a
vote was unanimously adopted, and signed by the Chairperson
and recorded by the City Recorder in the official records of
Salt Lake City, Utah.
The Acting City Treasurer was thereupon authorized to
mail the foregoing notice of special assessment as
hereinbefore provided.
After the transaction of other business not pertinent to
the foregoing matter, the meeting was on motion duly made ,
seconded and carried, adjourned.
Chairperson
ATTEST:
C ' t Recorder
( 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
15th day of June, 1982 , insofar as the same relates to or
concerns Curb and Gutter Extension No. 38-622 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 15th day of June, 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
CIA
affixed the corporate seal of said City this day of
June, 1982.
ity Recorder
( S E A I. )
13
STATE OF UTAH ) AFFIDAVIT OF MAILING
ss . NOTICE OF ASS$SSMENT
COUNTY OF SALT LAKE )
I , Lance Bateman, the duly appointed and qualified
Acting City Treasurer of Salt Lake City, Utah, do hereby
certify that on the 51-day of June , 1982 , I caused to be
mailed a Notice of Assessment to each property owner in Salt
Lake City, Utah Curb and Gutter Extension No. 38-622 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 this o� day of
June, 1982 .
Acting City 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 on the 15th day
of June , 1982 , was published one time in the Deseret News .
15
ADM-3bA
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
oROIN No.n Shana D. Conaty
...............................................................................................................
AN ORDINANCE goppnnffiffdit IFIB a nt rolls and
IeWina a tax pr'I 'for, as of D'�N
In Sall l2ka Cth,Ufa.Curb ad 9n No
;reeY2ror Wrpoae or pavird Being first duly p y g•
ne I DYemenNkpon certain etr wnhn laid Ir,D V sworn,deposes and says that he is legal
Ibrulllty car161-4 of M1B C011affYCfkn of Wrb end g ✓
;nitaI wild, Palka,alDh.I�tprahvYnire,Ded6lee+rmrr'�,- advertisingclerk of the DESERET NEWS, a daily
croe6lnas,plaza,DIanters and r IIIn°aMotlii vvarK'
and OM ObrrroMtwn of em obrr m (except y newspaper printed in the English
p� Dlef imleyemenfe ��rD�.r pt Sunday) news a er g
and
of~l lal Im,r N, lrry�puae�rdalt n8°fan° language with general circulation in Utah, and
BEaauh011{lgDH/�pN Q �'TNE CITY CpUNCIL OF SACf published in Salt Lake City, Salt Lake County, in the
LAKE CT(( LT Ic A/1 '
Section lyThe ct{`��"q�s m aka Wadi�rah,na r State of Utah.
tenth aftha�a Rn[1R I�ip�v r Nt
cuBOrrbr°aM CNHM E�a v+D, ��'
thefIM aMeeoer elEque end�e� That the legal notice of which a copy is attached hereto
Draposetl°gia.ofassesen Mnn,a�{`
Equall.flan'and Revibw for NW s lust a
ble;MMpptt osUt Duce pra�lerh•_ -yd district W be
benaflte0-UI0n a net euM esessm"'t0 I6
ben faalmr�"iaDrowm:and plKeolarmsrt�,let- Pub notice of 0"rdimnce #41 of 1982 (Curb & Gutter
etl in d1e assessrtletN ilct well bear Men it.ar000(f mate ...............................................................................................................
share�cott f of C l ImW�yIIII Salt x Clly Caalcl- I f 61H Lake 4M, Wh tloe4
. .ta%rob° lroolt Hla rp+yalryaarp�l�at(mp1^e- ^xtenuion t',.38-622)
asse9Nnenf.l a{yplardCurb and ' b k,IM.Dart .........................................1....................................................................
of Elock br ,it or rcal of or rH Merei described
shell be In a a�mWsafNlnKetllea esxslmBnt lotr which is
o alr°Miandi0; IxoDerM ro W ascaasadn0ln the ...............................................................................................................
st ror 4alf Lake c ty ailr eE
Win
b k1 ar a° t Ie oe a �- .. ...........
EE W1y g eta .. .... ...... ... .. ..........
so I
WMEO°`Bida°e N1a1 z Ph �: '
rneth
e_ - u IINMIr of odV ...............................................................................................................
ww M n°"toI M n`i ) ,'0"an ofIr n June 21 It 82
�11�r and- was published In said newspaper on........... ..........�......�........
crosslrgs,vea>•a.DI
Wrnpletbn of am
carol ail ills Imw
if
Y
in M asseeRrMM I
N lsr for Sit Is ksn - .., ...
mrporeted 1MreM by eterentd ...... .
°rlro I s,lots.oer,a a
rat.of reel Drace'1 described in e tl - ...... .: .,". ... .. :•..I.
_ Ja- t that IIroY rom w a o0 0r re a I t o
I is,sire le xn lama in sal a serewnant�at an3saesre.l�anac"°�eny Legal Advertlsinv Clerk
baleflfed bV the imp'F=in Yror°�I�lirl�1dw ch abur or are
adieuwoo lot onlyIn s;bdivldeA areeq to Me°treat or
atrOeI whktl have been hrl ?wid'In said tlietrlct,and at
I
end unllwm rates.M ateow ante on MIE assessrtMnts
has tow made for corner Ion eo tltef IfMy are not asseued et re 111 a tee l S......... Oth
full raleblbom.rreeis. .........................................................................day of
The tOyl apt of ttM IrMrovemenh Ir1 Salt IdW CH Ufeh
Curb Wan6d GufteCrl EzseMlon No.JB8R7 b IUII T.15 of w.kh
b r((tc�1°tIU a°Htrr°Icf IncilMes Hi°rlceOtTW,ot73Hafrsp.Tha,�l a W.h Portion .....A.D. 19.82...
lgY Impro°HBpV ie°rlt6°1°w HDOie lavller'a�lt of eWoDe�ridY10aG�Bejd
which asseaarard troy rpt IM Iwled,If am.The Del�n�e to
be assessed to the of proper y affected or berMifed W '
the ImprovertMnn In Curb gntl Ou1nr Extension No.366R2 Is
f353,t96.00.vTich Is Hw total amWnf of 1M assessment hereby 1 ... J
levied for 9eid Aiemd end which does Mf��0 for in the eoare- l�
Bate IMyu in of-(e)HIe total canfrad erica for the imo—e-
Ma under oomract duly tat to Hie lowest anld Dsel re6cenei- .........1.....:........
bee Gbden Hlerefor:(b)the reawnabl0 Cplf of utility leNlc ...........
.(�yy'/ .............
e6,maintenance,labor,met°rlplal a egUWIIIani,If any:(c) NOta ry,p Ub11C
Me Drag gmaupPrrice,If an (dy)trllre Intel }alyaernnvpa Inter iin
nDl M exceed fIftleen°Pert Mt(°Ii5'Ib)of mentlWm of(e),(b),ono
(-).to
c)•Section d.The asse&=tilt madee bV Me CIry Treasurer
for the procerly In Salt Lake CZ,Utah Curb and Gutter Ex-
tension No. 3"M as correclatl Darov equalized d
ppoonnggleretl by the Board of EgUellietlpl slaw,is(lerebY CIry II of Salt Lake City,Unh,does
cpn(IrnMd and ilea eaSeaNnante mstle and r0lurned In sold nerepy lreafflrm Mte�ecatpr xM�of a special Irtlprovennent ausr-
ranwletad 11s1Pnd Ma eDo1't mandaf�on aM decMlan of an,y hxd and H M Ma fire of eWt aaarolxlaflon
Hw Beuatl M eoueliraflon a1d fo the CItY CWncll of
Ordinerltt.ap Ilp.1p/as oily R+xlai ass s�a f Duda of Self
H 1 Cirv.Unh,are hereby rat fled,appf0vetl lied con- Such C gtrem�hhaoW�e.
NMldlnaofH 111 well Y—r
Section A.This n%Is IBVIBd end a95ee6ed at 1 Ord Mragh a levy of aofrotro -I.. nyuniform iseOnsuchDrppem•Landa11tl IOfs whet.eGn y¢ar or DV Me isse ofIorbythe sn ks ZZ In irM Nofipeofntentionware '-"' approDrb/tonfromve.P. Medlacem tllerelo sell be esceaeed to a deP1tl of iwejve(141 9uar - roofP.'—rnere uppn assesllnent Dads nterest thwero issued against kcal
w.lrh HMy aM1f w to which their,efe etlleanf(one bt only In Improvmenf dlslricts M HM Daymenf of local improvements
subdiv a 9ba). i therein,all k}R maprer and to that
exrem Provided M the
fiih,
5.TheDbewehole or aM Pert of tffhhwsaeb'asle66n1M15 ror law.of
fthe
State of U,
eh.
d tys ether M✓1°O dlnarp8icle°wt lefrefe`cNve.lAnhv ce tr of(HM authoriuC and alre°Hcted Ib tek5ee alleacfimM ry rIh°Mr eWnr
ssasxmem ror paid wiMin sutlt fNrean(l5)day cer sell cerorialetUefrochMfe lfM provisbns of Mls ordlinnae.
be ceya¢ldeaatotaver a txlrOOiprrd not to ezceut ten(70) S from 111e Section e.All ordinan harelov ce°or ris thereof n conflict with
an°MPaana'Iv n°sM°Im°fults wIM°I llnn°reMr'°eai oil me70ur'�IDSnn11ia'm1a°ace a me MIS SWIM 9.An icpBdl'slher declared,Me DrewVa-
��sssseesssmenT of 1tM rate of s�eyymu�peroem(7we)r,er annum from lion of peace hea1M end eafeh oi Sell Lake Ciry end the in-
ifle efleclive den of Mk QdlnafrCe until due.IMeres[shell be habltards Thereof 5o requirirq.Immedntely other Its adoeHon,
pak in ad0itkn t0 the amotmt of each ouch Insfalimem annu this ordinance shell be llensd by the Chelrperson arxl Chi,
lIIY a the time eaq�161aI1meM pp�my dui.AHar sold fit- Recorder and shall IM rerardatl in Me ominanlce book kept ror
ean b'a!�)vadeY cerlW,all ullatpeesk kleta(llkm.alle Of en asx64men1 iM purpose.s$,eld ordinance!halt be pulNbllM alce In the
env wch repaorvm'OYeni nM°ws�inclW°en add! In_ iheluna tenue culation ca pon I$°t PL0sed'anUtah,
faWr al and Publication as1etlre--
fins IfM iplwaM which I rue an 1FM a nne/nf ro the re-
quired M law.
f ,eedhre dot 'VM a i MIy Section 10.The City Recorder is hereby ihortxed and
_ _ M Ysakkioinol- d:g'to f"a troy of M°assess 0 wtl(nerice w1Min five
Plue'sucn adtll ono a 1 as In HM ppppin- days I—Ifte date hereof in Me Ssh Lake CgMty Recorders
kn os the Clfs,Tra�Myrer,Is !Y ro enure the avallalNll- office.If the assescmalt ordiniawKs incorporelas the assess-
h of nlolsev W pay IrlMresf,wl el, }bonds a6 menf list:DY renrence,the CM Recorder is I=directed to
'Mel'eaf�Ixxantn tl a arm r)u I rney file a coov or the final a=C it list wIM the Self Lake Coun-
ceyable an redeemable holltls whl may IM�ed nin order to h Recordw. Bp2
irt1gTefDMariMOldSla sp.ee'tmMCOY�bMppOat My°I veal°pcelf)�•-i'aftf unpaltl MInC r SALT LLAKE CITY,UTAH M7ESD15M tlaY of JU/c S.FUannesberJc
cel and ktearosl to became OuelaM1erld'ppaayyable IHmMmediately,and Chaircersm
IFIe whole nlenMt of Ifle unpak principal shell ihereafrer ATTEST:
draw inrotest at Me rate to as
par r um Intel cek,but aT /s/Kathryn Mars1M11
in tittle pprrior ro ifM Aare of wee w fared she owrMr City Recorder
inaY pay the amount M I Ipliald Install pqt due, publidwd:Deseret News 6/41/e2
teract et the an of IY9M per or fro C-33�3
the dellttquertf fntstal a, was n Incnll-
nx:r be restored ro the r 11 ee to
pav -
meli°6�pAn Ilse saLrM manner ee if au h mr accvrred.
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 llth day of June, 1982 , pursuant to Utah
Code Annotated Section 52-4-6 (1953) , as amended , there was
posted (at least 24 hours prior to the meeting time) at the
regular meeting place written notice of the regular meeting of
the City Council held on June 15 , 1982 at said regular meeting
place. I further certify that there was delivered to the
Deseret News , 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 June ,
1982 .
City' Re er
(S EAL)
16