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Show '' published and having general circulation circula-tion in the Issuer, and shall take effect immediately upon its passage and ap-, ' proval and publication as required by law. - - , Section 15. Filing of Ordinance and ( Assessment List The City Recorder is . hereby authorized and directed to file a , copy of Ais Ordinance within Eve days from the date hereof in die Davit ; County Recorder's office. Since this Ordinance incorporates the Assessment List by reference, the City Recorder is further directed to fie a copy of the final Assessment List with the Davis County 'Recorder. -.-, :, PASSED AND APPROVED by the City Council of Farming ton City, Davis County. Utah this 5th day of April, 1989. ., .:. J. .: -' ' ROBERT W. ARBUCKLE . Mayor ATTEST: . DonaScharp , City Recorder Published in the Davis County Clipper ' on April 12, 1989 Issue No. 10 C-169 ' Upon any default, the City Treasurer " shall give notice, in writing, of die default de-fault to the owner of the property in default, de-fault, as shown by the last available . equalized assessment rolls. Notice shall be effective upon deposit of die notice in the US. Mail, postage prepaid, and 1 addressed to die owner as shown on die k last equalized assessment rolls for die : Issuer or on die official ownership re- -cords of die Issuer. The notice shall t provide for a period of thirty (30) days in which die owner shall pay the in-, stallments then due and owing, after , which the Issuer may accelerate the principal of die assessment and immediately imme-diately commence foreclosure proceedings proceed-ings in die manner provided for actions to foreclose mortgage liens or trust deeds. If at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer Is-suer shall be permitted to bid at the sale. The remedies provided herein for die collection of assessments and die enforcement enfor-cement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection collec-tion or enforcement shall not deprive die Issuer of the use of any other method or means. The amounts of accrued ac-crued interest and all costs of collection shall be added to die amount of the assessment as-sessment up to the date of foreclosure sale. . .. ... Section 8. Remedy of Default If prior to the final date payment may be legally made under a final sale or foreclosure fore-closure of property to collect delinquent , assessment installments, the property owner pays the full amount of all unpaid un-paid installments which are past due and delinquent with interest at the rate of 15 per annum to the date of pay- , ment, phis all approved or required costs, the assessment of said owner, shall be restored and the default removed, re-moved, and thereafter the owner shall have die right to make the payments in installments as if the default had not occurred. n T I.,-.. J. Council does hereby levy an assessment to be assessed upon the real property identified in die Assessment List The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List The assessments hereby levied are for the purpose of constructing imy provements on certain streets consisting of the excavation for and construction of curb and gutter, 4-foqt sidewalks and drive approaches, retaining walls, con-' con-' crete, gravel and asphalt tie-ins, wheelchair wheel-chair ramps, sidewalk tie-ins and restoration resto-ration and the completion of any miscellaneous miscel-laneous work necessary to install die improvements in a proper and workmanlike work-manlike manner. Said improvements are more particularly described in the Assessment List The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment Assess-ment List according to the extent that they are specially benefited by the improvements im-provements acquired , or constructed within the District The assessments are levied upon die parcels of land in the District at equal and uniform rates. Section 4. Cost of Improvements; Amount of Total Assessments. The total cost of the improvements in the District is estimated at $338,456.77, of which total cost the Issuer's portion is 1 sr.. " miim i - : ORDINANCE NO. 89-13 AN ORDINANCE confirming die assessment rolls and levying I an assessment against certain properties in Farmington City, j Utah Special Improvement Dis- j trict No. 87-1, Davis County, Utah for die purpose of paying the costs of constructing im- 4 provements on certain streets i consisting ot the excavation for and construction of curb and gutter, gut-ter, 4-foot sidewalk and drive approaches, retaining walls, asphalt as-phalt tie-in and restoration, and completing any miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; reaffirming reaffirm-ing the establishment of a special j improvement guaranty fund; es- I tablishing the effective date of this ordinance; and related matters. mat-ters. ;; ; - - " BE IT ORDAINED BY THE CITY COUNCIL OF FARMINGTON CITY, DAVIS COUNTY, UTAH: Section 1. Determination of Costs. All costs and expenses for the making of the hereinafter described improvements improve-ments within the Farmington City, Utah Special Improvement District No. 87-1 . (the "District") have beerr determined, l the property price for ill property to be acquired to make the improvements has i been finally determined and the $158,814.23. The Issuer's portion for die District includes mat part of the overhead costs for which an assessment cannot be levied, if any, and the cost of - making improvements for the benefit of pioperty against which an assessment may not be levied, if any. The amount to be assessed against property affected or benefited by die improvements in the District is $179,642.52, which amount does not exceed in the aggregate the sum of: (a) die total contract price or , prices for die improvements under contract con-tract duly let to die lowest and best responsible re-sponsible bidders therefor,, (b) the reasonable cost of utility services, maintenance, main-tenance, labor, materials or equipment supplied by die Issuer, if any; (c) the property price, if any; (d) connection fees, if any, (e) the interest on any interim warrants issued against the District; Dis-trict; (f) overhead costs not to exceed 1 fifteen percent (15) of me sum of (a), (b), (c) and (d); and (g) where die assessment as-sessment is levied prior to the time all of the improvements in the District are , entirely ccnpleted and accepted, an amount for contingencies of not to ex- ! ceed 1.0 of die sum of (a) and (b). Section S. Method and Rate. The 1 total assessment for die District it 1 levied in accordance with the following ' method and at die following rates: reasonable cost of any work to be done has been determined. A Section 2. Approval of Assessment v ! List; Findings. The City Council (the "Council") of Farmington City, Davis -j County, Utah (die "Issuer") hereby confirms the assessment roll as modified, modi-fied, equalized and approved by die Issuer's Is-suer's Board of Equalization and Re-; Re-; view (the "Board") for die District a copy of which is attached hereto as Ex-i Ex-i hlbit "B" and incorporated herein by reference (the "Assessment List") and is on file and available for public in- I spection at the office of the Issuer's City Recorder, and hereby confirms the findings of die Board that the Assessment Assess-ment List as equalized and modified by the Board for the District is just and equitable; that each piece of property to u be assessed within die District will be benefited in an amount not less than die 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. The Council Coun-cil further approves, ratifies and confirms con-firms die recornmendation and decision i of the Board.'. Section 3. Levy of Assessments. The Section 9. Lien or Assessment An assessment or any part or installment of it, any interest accruing and die penal-, ties and costs of collection shall constitute consti-tute a lien against the property upon which the assessment is levied on the effective date of this Ordinance. Said lien shall be superior to die lien of any trust deed, mortgageynechanic's or materialman's ma-terialman's lien or other encumbrance , and shall be equal to and on a parity with the lien for general property taxes. : The lien shall continue until the assess-" ment and any interest, penalties and costs on it are paid, notwithstanding any sale of the property for or on account of a delinquent general property tax, special spe-cial tax or other assessment or the issuance is-suance of tax deed, an assignment of interest in-terest by die governing entity or a sher- -iff s certificate of sale or deed. Section 10. Special Improvement Guaranty Fund. The Issuer does hereby reaffirm the creation of a special improvement guaranty fund and shall 1 annually, so long as any special assess- c ment bonds of die Issuer remain put-standing, put-standing, transfer to said fund each year ruch amount as shall equal die amount , that a tax levy on al taxable property f located within die Issuer at the rate of ; .0002 , will produce, either through a levy of a tax of not to exceed J0002 in my one year or by the issuance of gen-sral gen-sral obligation bonds or by appropna-ion appropna-ion from other available sources, until ; he fund is equal to not less than 25 per-xat per-xat of die amount of all outstanding ' special assessment bonds of die Issuer, or die purpose of guaranteeing to the Ktert of such fund die payment of spe- " aal assessment . bonds and interest hereon issued against local improve-' nent districts for die payment of local mprovements therein, all in the manner -md to the extent provided by die laws if the State of Utah. . Section 11. Contestabillty. No assessment as-sessment shall be declared void or set said in whole or in part in consequence .! of any error or irregularity which does not go to the equity or justice of the assessment as-sessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the Issuer to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. ' . - j Ana No. Deicrlptlsa UbM Price 1 1. Concrete high back curb and gutter (30" wide) $7.80-front ft. 2. Concrete drive approach (6" thick) 2.05-sq. ft. i 3. Concrete driveway tie-in 2.05-sq. ft. 4. Asphalt driveway tie-in 1.10-sq. ft. i 2 l.Cocwetehighbackcurbaodguto 8.4134ont(t t Concrete drive approach (6" thick) 2.058-sq. ft. 3. Gravel driveway oe-in .68-sq.ft. 4. Asphalt tie-in 1.05-sq. ft. 1 5. Concrete retaining waD construction varies w-etch lot i 3 Noassessmentt - 4 1. Concrete high back curb and gutter (30" wide) 8.00ontft t 2. Concrete dnveway approach (6" thick) - 2.25-sq. ft. - j 3. Asphalt tie-in 1.70-sq. ft. , s 5 1. Concrete high back curb airi gutter (30" wide) 10.38-front ft. c j 2. Concrete dnve approach (6" thick) 2.122-sq.ft. 3. Concrete drive oe-in LShS-aq. ft. i 6 1. Concrete high back curb and gutter (30" wide) 8.46frootfL 1 ICow driveway approach (6" thick) 225-sq. ft ' 3. Concrete driveway tie-in I25-sq. ft. 4. Asphalt drfveway tie-in 1.45-sq.ft. j - 5.AsphaftuMn , -,;,y:;; , 5J3ontft. j 7 " l.Concrete high back curb and gutter (30" wide) 8.84-frootft. j 1 Concrete sidewalk :, ,. U.93-sq. ft. i I! ' 3. Conattedrive approach (6" thick) 2i5q.fL 4. Concrete driveway tie-in 2.25-tq. ft. ' I j 5. Gravel driveway tie-in 1.13-sq. ft. . J 6. Asphalt driveway tie-in 1.10-sq.ft. . i 8 l.Concrete high back curb and gutter (30" wide) ; 8.76oot ft. 1 1 I 2. Concrete sjfcwalk j !.20q.ft. ; . ! 3. Concrete drive approach (6" thick) - 125-iq.fL 1 ) 4.AsihaknHa - &m.tL. j 9 l.Concrete high back curb iind gutter (30" wide) '8.6Mont ft.'' i ' 2: Concrete dnve approach (6M thick) 1.96-sq. ft. ' fi : 3. Asphalt driveway tie-in (overlay) .75-sq.ft. i ! 4. Asphah drivmy tie-in (construction) 1.25-sq. ft. i 5. Asphak tie-in ; .4.82-ftDntft. 1 10 1. Gjocrete high back curb and gutter (30"wide) 9.81-frontft. , ' i 1 Concrete dnve approach (6" thick) 2254q.lt I 3.As)hakbMn ' 6.024rontft. 4 Wheelchair ramps (where applicable) . , varies wach applicable lot Such action must be commenced and nimmons must be served on die Issuer sot later than 30 days after the effective ' late of this (dinance. This action shall Im the exclusive remedy of any aggrieved ag-grieved party. No court shall entertain my complaint which the party was au-horized au-horized to make by statute but did not imely make or any complaint that does lot go to the equity or justice of die assessment as-sessment or proceeding. , , : After the expiration of die 30-day xriod provided in this section: -,' v ;. (a) The special assessment -" bonds issued or to be issued against the District and the as- . sessments levied in the District i . shall become incontestable as to all persons who have not com- '- menced die action provided for in this section; and (b) No suit to enjoin the is- suanpe or payment of the bonds, die levy, collection or enforcement enforce-ment of the assessment, or in any other manner attacking or que- '' . tioning die legality of the bonds or assessments may be instituted in this state, and no court shall . , , have authority to inquire into ' these matters. Section 12. AH Necessary Action Approved. The officials of the Issuer tre hereby authorized and directed to lake all action necessary and appropriate appro-priate to effectuate the provisions of this Ordinance. ; - Section 13. Repeal of Conflicting Provisions. All ordinances or parts hereof in conflict with this Ordinance ire hereby repealed. - Section 14. Publication of Ordlnan-xs. Ordlnan-xs. An emergency is hereby declared, he preservation of peace, health and lafcty of the Issuer and the inhabitants hereof so refilling. Immediately after 'js a - 'Jon, tlas Ordinance shU be i by the Msyor and City recorder cid i' U be recorded in tv.e crJjiance ': ! , t for that jt?-s. !j Oria--.;e . 2 te p-.lLJ.rJ c-.:s n the , Cczz.tf C;ir, a rx-rptt ! i Section 6. Payment of Assessments. j -... The whole or any part of the assess-ments assess-ments for the District may be paid without with-out interest within fifteen (15) days after this Ordinance becomes effective. , : Any part of the assessment not paid - i :' within such fifteen (15) day period shall be payable over a period of ten (10) years from the effective date of this Ordinance Or-dinance in ten (10) substantially equal i annual principal installments together : with interest on the unpaid balance of die assessment at the same rate as die net effective interest rate of the special assessment bonds anticipated to be issued is-sued by die Issuer. The assessment payment dates shall be die first anniversary anniver-sary date of (he effective date of this Ordinance and such subsequent anniversary an-niversary date thereafter. Interest shall accrue from the effective date of this ' Ordinance until paid. ' A ls After the above-referenced fifteen (15) day period all unpaid installments of an assessment levied against any piece of property may be paid prior to i ' the dates on which they become due, , but r-y rich r -7 ;?-,t must include ( ani"-'rsfll- " f .1 to .8 fclr-ect fclr-ect v V Ji we. 1 r 5 cn the arss-Tmat arss-Tmat to the r : - 1-g L:a on ' which - -it ::: J ' arrets- :1 " 'z 'ofthecc".- - --Jfial such additional amount as, in the opinion opin-ion of the City Treasurer, is necessary lo assure die availability of money to : pay interest on the special assessment . bonds as interest becomes due and payable plus any premiums which may : be charged and become payable on . redeemable bonds which may be called in order to utilize the assessments paid in advance. . 44 niTU . Section 7. Default in Payment If a default occurs in the payment of any installment in-stallment of principal or interest, when due, the Issuer may declare the unpaid amount to be immediately due and ' ' payable and subject to collection as ! provided herein. In addition, it may accelerate payment of the total unpaid J balance of the assessment and declare : die whole of the unpaid principal and , interest then due to be immediately due and p- iUe. Interest shall accrue and 1 be paid on all amounts declared to be 1 delinq'vnt or accelerated and fanme-dia'-'y dje and payable at the rate of J 15 :z mum until the next succeed-ing succeed-ing c" s iT t peyment or collection on .' wLL hi" :t is payable on any special f a:: ..t bonds ksuei Corj cf col- x 1 lec'n u provided bj t t Lr ?r or re- ' quktl ty law shaS be c' ---J ttd paid on all tnounts deelz:! to Is cVJn- 1 quent or acccljrii:i ar.i Lr-rxJiotely ' due and piyaUi . 1 |