048 of 2003 - Amended Ordinance for Ordinance 19 of 2003 for SID No. 103009 •
0 03-1
Q 99-7
1
AMENDED ORDINANCE NO. 48 of 2003
AN AMENDATORY ORDINANCE OF THE CITY COUNCIL OF
SALT LAKE CITY, UTAH, AMENDING ASSESSMENT ORDINANCE
NO. 19 OF 2003 ADOPTED ON APRIL 22, 2003, WHICH LEVIED AN
ASSESSMENT WITH RESPECT TO SALT LAKE CITY, UTAH
SPECIAL IMPROVEMENT DISTRICT NO. 103009 (THE
"DISTRICT") FOR THE PURPOSE OF CORRECTING THE
PREPAYMENT LANGUAGE THEREIN, AND RELATED MATTERS.
WHEREAS, the City Council on April 22, 2003, adopted Assessment Ordinance
No. 19 of 2003 (the "Assessment Ordinance") which levied an assessment on those
benefited properties within the District; and
WHEREAS, the prepayment provision within the Assessment Ordinance contained
an inadvertent error with respect to the formula for calculating prepayment assessment
amounts, and
WHEREAS, the City Council desires to correct said inadvertent error by adopting
this Amendatory Ordinance:
NOW THEREFORE, BE IT ORDAINED by the City Council (the"City Council")
of Salt Lake City, Utah (the"City"), as follows:
Section 6(a)(ii) of the Assessment Ordinance is hereby amended to read as follows:
(ii) The property owner shall prepay an assessment applicable to
the Release Parcel calculated by the City Engineer as follows: (the total
assessment of the Assessed Parcel less any regularly scheduled payments)
x (a fraction, the numerator of which is the total acreage of the Release
Parcel and the denominator of which is the total acreage of the Assessed
Parcel, including the Release Parcel) x (125%).
Section 1. The City Council reaffirms the Assessment Ordinance as modified.
Section 2. The officials of the Issuer are hereby authorized and directed to
take all action necessary and appropriate to effectuate the provisions of this Amendatory
Ordinance.
Section 3. All ordinances or parts thereof in conflict with this Amendatory
Ordinance are hereby repealed.
Section 4. Immediately after its adoption, this Amendatory Ordinance shall
be signed by the Mayor and Deputy City Recorder and shall be recorded in the ordinance
book kept for that purpose. This Amendatory Ordinance shall be published once in the
Salt Lake Tribune and the Deseret Morning News, a newspaper having general
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circulation within the boundaries of the Issuer, and shall take effect immediately upon its
passage and approval and publication as required by law.
Councilmember Turner seconded the motion to adopt the foregoing resolution.
The motion and resolution were unanimously adopted on the following recorded vote:
Those voting AYE: Unanimous
Those voting NAY: None
PASSED AND APPROVED by the City Council of the Issuer this July 1, 2003.
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After the conduct of other business not pertinent to the above, the meeting was, on
motion duly made and seconded, adjourned.
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ATTEST:
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0 ep i Cit Recorder
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F •• •
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on July , 2003.
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MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved July , 2003.
;1.? ,Ce •e---- -
Ross C. Anderson
Mayor
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STATE OF UTAH )
. ss.
COUNTY OF UTAH )
I, Pam Johnson, the duly chosen, qualified and acting Deputy City Recorder of Salt
Lake City, Utah, do hereby certify as follows:
1. That the foregoing typewritten pages constitute a full, true and correct
copy of the record of proceedings of the City Council taken at a regular meeting thereof
held in said City on July 1, 2003, at the hour of 7:00 p.m., insofar as said proceedings
relate to the consideration and adoption of an Amendatory Ordinance with respect to the
Salt Lake City, Utah Special Improvement District No. 103009, as the same appears of
record in my office; that I personally attended said meeting, and that the proceedings
were in fact held as in said minutes specified.
2. That due, legal and timely notice of said meeting was served upon all
members as required by law and the rules and ordinances of said City.
3. That the above Amendatory Ordinance was deposited in my office on July
1, 2003, has been recorded by me, and is a part of the permanent records of Salt Lake
City, Utah.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and
affixed the seal of said City this July 1, 2003.
''►1
Dep 4 Cit ecorder
c`A s Att,
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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 Amendatory Ordinance adopted by the City Council on July 1,
2003, was published one time in the Salt Lake Tribune and the Deseret Morning News..
UT_DOCS_A#1134683 v2 7 7/2/03
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EXHIBIT"A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Pam Johnson, the undersigned Deputy City Recorder of Salt Lake City, Utah(the
"City"), do hereby certify, according to the records of the City in my official possession,
and upon my own knowledge and belief, that in accordance with the requirements of
Section 52-4-6(2), Utah Code Annotated, 1953, as amended, I gave not less than
twenty-four (24) hours public notice of the agenda, date, time and place of the July 1,
2003, public meeting held by the City as follows:
(a) By causing a Notice in the form attached hereto as Schedule"1",
to be posted at the City's principal offices on June 27, 2003, at least twenty-four
(24) hours prior to the convening of the meeting, said Notice having continuously
remained so posted and available for public inspection until the completion of the
meeting; and
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule"1", to be delivered to the Salt Lake Tribune and the Deseret Morning
News on June 27, 2003, at least twenty-four (24) hours prior to the convening of
the meeting.
In addition, the Notice of 2003 Annual Meeting Schedule for the City Council
(attached hereto as Schedule"2") was given specifying the date, time and place of the
regular meetings of the City Council to be held during the year, by causing said Notice to
be posted on December 10, 2002, at the principal office of the City Council and by causing
a copy of said Notice to be provided to at least one newspaper of general circulation within
the City on January 1, 2003.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
July 1, 2003.
--, I ty i y Recorder
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UT_DOCS_A#1134683 v2 A-1 7/2/03
SCHEDULE"1"
NOTICE OF MEETING
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SCHEDULE"2"
NOTICE OF ANNUAL MEETING SCHEDULE
UT_DOCS_A#1134683 v2 A-3 7/2/03
Salt Lake City, Utah
July 1, 2003
A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah,
was held on Tuesday, July 1, 2003, at the hour of 7:00 p.m. at the offices of the City
Council at 451 South State Street, Salt Lake City, Utah, at which meeting there were
present and answering to roll call the following members who constituted a quorum:
Carlton Christensen Chair
Jill Remington Love Vice Chair
Nancy Saxton Councilmember
Van Blair Turner Councilmember
Eric Jergensen Councilmember
David L. Buhler Councilmember
Dale Lambert Councilmember
Also present:
Ross C. Anderson Mayor
Edwin P. Rutan II City Attorney
Pam Johnson Deputy City Recorder
Absent:
None
After the meeting had been duly called to order and other matters not pertinent to
this resolution had been discussed, the Deputy City Recorder presented to the City Council
a Certificate of Compliance with Open Meeting Law with respect to this July 1, 2003,
meeting, a copy of which is attached hereto as Exhibit"A".
Councilmember Love then introduced the following Amendatory Ordinance in
writing, which was read in its entirety, and moved its adoption:
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SALE' I A° aJ CITY CORPORATION'
OFFICE OFFICE OF THE CITY COUNCIL
Salt Lake City Council
AGENDA
City Council Chambers
City& County Building
451 South State Street,Room 315
Salt Lake City,Utah
Tuesday,July 1, 2003
7:00 p.m.
5:00 p.m., some Council Members may dine together in Room 343 at the City & County Building. (The
room is open to the public.)
A. WORK SESSION: 5:30 p.m.,Room 326, City&County Building,451 South State Street
(Items from the following list that Council is unable to complete in Work Session from 5:30-6:55
p.m.will be addressed in a Work Session setting following the Consent Agenda.)
1. Report of the Executive Director, including review of Council information items and
announcements.
2. The Council will interview Robert(Bip)Daniels prior to consideration of his reappointment to the
Planning Commission.
3. The Council will interview Diane Etherington prior to consideration of her reappointment to the
Library Board.
4. The Council will interview Dan Greenwood prior to consideration of his appointment to the
Housing Trust Fund Advisory Board.
5. The Council will interview John Johnson prior to consideration of his reappointment to the Arts
Council.
6. The Council will interview Derek Payne prior to consideration of his appointment to the City&
County Building Conservancy&Use Committee.
7. The Council will receive a briefing regarding a proposed amendment regarding Industrial Revenue
Bond criteria(Private Activity Bonds).
8. The Council will receive a briefing regarding proposed amendments to the Police Civilian Review
Board ordinance.
9. The Council will receive a briefing regarding an extension to the time period for satisfying the
conditions of Salt Lake City Ordinance No.47 of 2002(Wal Mart/Albermarle Street closure).
(Item F-1)
10. The Council will receive a briefing regarding a proposed rezoning of property located at 1433 and
1435 South 1100 East from Residential Business to Single Family Residential.
11. The Council will receive a briefing regarding a loan from the Housing Trust Fund to Morse Health
and Housing in partnership with Utah Non-profit Housing Corporation, Inc. for the rehabilitation of
the Laurelwood Apartments located at 1341 South State Street.
12. The Council will receive a briefing regarding a proposed ordinance amendment relating to meetings,
powers and duties of the Housing Trust Fund Advisory Board.
13. The Council will receive a briefing regarding Budget Amendment No. 1.
451 SOUTH STATE STREET, ROOM 304, SALT LAKE CITY, UTAH 841 1 1
TELEPHONE: SO 1•535.7500, FAX: 801-535-7651
ae YE LEO POPEN
Salt Lake City Council Agenda
Tuesday,July 1,2003
B. OPENING CEREMONY:
1. Pledge of Allegiance.
2. The Council will approve the minutes of June 10 and June 24, 2003.
C. PUBLIC HEARINGS:
1. Resolution: Industrial Development Revenue Bonds Spring Air Mountain West
Accept public comment and consider adopting a resolution authorizing and approving the issuance
of Industrial Development Revenue Bonds, Series 2003 (Spring Air Mountain West Project),
authorizing the execution, delivery and performance of an indenture, a loan agreement, a bond
purchase agreement and other documents related to the 2003 bonds; and authorizing and directing
that other necessary and appropriate actions be taken in connection with the 2003 bonds.
(Q 03-1)
Staff Recommendation: Close and adopt.
2. Ordinance: enact Section 14.44.095, Salt Lake City Code, relating to restrictions of Railroad horns
and whistles on the 900 South Rail Line
Accept public comment and consider adopting an ordinance enacting Section 14.44.095, Salt Lake
City Code,relating to restrictions of Railroad horns and whistles on the 900 South Rail Line.
(0 01-7)
Staff Recommendation: Close and adopt.
D. COMMENTS:
1. Questions to the Mayor from the City Council.
2. Comments to the City Council
(Comments are taken on any item not scheduled for a public hearing,as well as on any other City
business. Comments are limited to two minutes.)
E. NEW BUSINESS:
(None.)
F. UNFINISHED BUSINESS:
1. Resolution: extend the time period for satisfying the conditions of Salt Lake City Ordinance No.47
of 2002
Consider adopting a resolution extending the time period for satisfying the conditions of Salt Lake
City Ordinance No. 47 of 2002. (Wal Mart/Albermarle Street closure)
(P 01-10)
Staff Recommendation: Consider options.
2
Salt Lake City Council Agenda
Tuesday,July 1,2003
2. Resolution: Approval of Sale of Tax& Revenue Anticipation Notes
Consider adopting a resolution of the Municipal Council of SLC, SL County, Utah, authorizing the
issuance and confirming the sale of the $21,000,000 Tax and Revenue Anticipation Notes, Series
2003, of SLC, Utah; providing for covenants to establish and maintain the excludability of interest
on the Notes from gross income of the owners thereof for federal income tax purposes; and
providing for related matters.
(Q 03-4)
Staff Recommendation: Adopt.
3. Resolution: SLC Housing Authority/Housing Development Corporation Bond refinancing
Consider adopting a resolution of the City Council of SLC, Utah, acknowledging the issuance and
sale by the Housing Authority of SLC of its $16,300,000 Multifamily Housing lease revenue
refunding bonds Series 2003; and in connection therewith, authorizing the execution and delivery by
the City of an annually renewable lease agreement between the Housing Development Corporation
of SLC, as lessor, and the City, as lessee,and an annually renewable sublease agreement between
the Authority, as sublessee,and the City, as sublessor; and related matters.
(Q 03-5)
Staff Recommendation: Adopt.
4. Ordinance: Amend Assessment Ordinance No. 19 of 2003, SID 103009
Consider adopting an amendatory ordinance of the City Council of Salt Lake City, Utah, amending
Assessment Ordinance No. 19 of 2003 adopted on April 22, 2003,which levied an assessment with
respect to Salt Lake City,Utah Special Improvement District No. 103009 for the purpose of
correcting the prepayment language therein,and related matters.
(Q 99-7)
Staff Recommendation: Adopt.
5. Resolution: SLID 103009—500 West Gateway street landscaping improvements
Consider adopting a resolution authorizing the issuance and providing for the sale of Salt Lake City,
Salt Lake County, Utah in an amount not to exceed$1,225,000 Special Assessment Bonds, Series
2003, Salt Lake City,Utah, Special Improvement District No. 103009 providing for pricing and
terms of the bonds,prescribing the form of bonds,the maturity and denomination of said bonds;
providing for the continuance of a guaranty fund; ratifying the preparation, distribution and use of a
preliminary official statement and authorizing and approving a final official statement; authorizing
and approving a bond purchase contract; authorizing and related matters.
(Q 99-7)
Staff Recommendation: Adopt.
3
•
Salt Lake City Council Agenda
Tuesday,July 1,2003
6. Resolution: SID 101016—East Liberty Park concrete replacement
Consider adopting a resolution authorizing the issuance and providing for the sale of Salt Lake City,
Salt Lake County, Utah in an amount not to exceed$69,000 Special Assessment Bonds, Series 2003,
Salt Lake City, Utah, Special Improvement District No. 101016 providing for pricing and terms of
the bonds, prescribing the form of bonds, the maturity and denomination of said bonds; providing
for the continuance of a guaranty fund; ratifying the preparation, distribution and use of a
preliminary official statement and authorizing and approving a final official statement; authorizing
and approving a bond purchase contract; authorizing and related matters.
(Q 01-4)
Staff Recommendation: Adopt.
G. CONSENT:
1. Motion: Set date-Truth in Taxation
Set the date of August 12,2003 at 7:00 p.m.to accept public comment pursuant to Utah Code Ann.
§ 59-2-918.5 to consider the imposition of a judgment levy for fiscal year 2003-2004.
(H 03-9)
Staff Recommendation: Set date.
H. ADJOURNMENT:
Date • une 27, 2003
By:
Deputy City Recorder
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
On the 27th of June 2003,I personally delivered a copy of the foregoing notice to the Mayor and
City Council and posted copies of the same in conspicuous view,at the following times and locations within
the City&County Building,451 South State Street, Salt Lake City, Utah:
1. At 5:00 p.m. in the City Recorder's Office, Room 415; and
2. At 5:00 p.m. in the Newsroom, Room 315.
•
Deputy City Recorder
Subscribed and sworn to before me this 27th of June 2003.
4
Salt Lake City Council Agenda
Tuesday,July 1,2003
•
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s otary Public residing in t State Utah
Approval:
L._. L2e/ZO at)
Executiv Director
Access agendas at http:.,'www.ci.slc.ut.us/councilIaQendasidefault.htm .A sound system for the hearing impaired is
available and headphones can be obtained for all public meetings upon four hours advance notice. Arrangements can be
made for sign language interpreters;please allow 72 hours advance notice. TDD Number 535-6021. Assistive listening
devices are available on Channel I. Large type and#2 Braille agendas are available upon 72 hours advance notice.
*Final action may be taken and/or adopted concerning any item on this agenda. After 5:00 p.m.,please enter the
City&County Building through the east entrance. Accessible route is located on the east side of the building.
In accordance with State Statute,City Ordinance and Council Policy,one or more Council Members may be connected
via speakerphone.
5
NOTICE OF ANNUAL MEETING
SCHEDULE OF THE CITY COUNCIL
OF
SALT LAKE CITY, UTAH
PUBLIC NOTICE is hereby given that the 2003 Annual Meeting Schedule of
the City Council of Salt Lake City, Utah, shall be as follows :
BRIEFING/WORK SESSIONS* are scheduled at 5 : 30 p.m. in the Salt Lake
City Council Committee Room, City County Building, 451 South State Street,
Room 326, Salt Lake City, Utah, prior to each regular Council Meeting. Work
Sessions are also usually held following the Regular Council Meetings .
REGULAR COUNCIL MEETINGS* are scheduled for the first, second, and
third Tuesdays of each month, except for June, July, August and December
when the meetings will be held the first and second Tuesday of each month,
at 7 : 00 p.m. in the Salt Lake City Council Chambers, City County Building,
451 South State Street, Room 315, Salt Lake City, Utah.
WORK SESSIONS* are also scheduled for the Thursday following the first
Tuesday and the Thursday following the third Tuesday of each month, except
for June, July, August and December when the meetings will be held only the
Thursday following the first Tuesday at 5 : 30 p.m. in the Salt Lake City
Committee Room, City County Building, 451 South State Street, Room 326,
Salt Lake City, Utah.
DISTRICT MEETINGS are scheduled for the fifth Tuesday in January, and
the fourth Tuesdays in February and March at locations as advertised on
agendas .
•
All meetings of the City Council are open to the public unless closed
pursuant to Sections 52-4-4 and 52-4-5, Utah Code Annotated, 1953 . A
written agenda of each open meeting will be posted at the Salt Lake City
Council Chambers, City County Building, 451 South State Street, Room 315,
Salt Lake City, Utah, no later than 5 : 00 p.m. on the regular business day
preceding such meeting or can be found at www. slcgov. com/council.
In accordance with State Statute, City Ordinance and Council Policy,
one or more Council Members may be connected via speakerphone.
Meetings in addition to those specified herein shall be held or
canceled by the City Council as circumstances require.
A sound system for the hearing impaired is available and can be
obtained for all public meetings . Please call four hours in advance of
meetings for this service. Assistive listening devices are available on
Channel I . The City will also make arrangements for sign language
interpreters . Please allow 72 hours advance notice for this service. TDD
number 535-6021.
• By: Kendrick Cowley
City Recorder
Published: January 1, 2003
Posted: December 10, 2003
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C5357671L07
Sent to NAC 12-10-02