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Show Thursday, May 4, 2006 NORTH COUNTY NEWSPAPERS Page 13 i Pleasant Grove City Ordinance AN ASSESSMENT ORDINANCE CONFIRMING THE ASSESSMENT ROLLS AND LEVYING AN ASSESSMENT AGAINST CERTAIN PROPER-JHil PROPER-JHil FEASANT GROVE CITY, UTAH SPECIAL IMPROVEMENT DISTRICT DIS-TRICT NO. 2005-1 (180 West SID) FOR THE PURPOSE OF PAYING THE COSTS OF THE CONSTRUCTION OF SANITARY SEWER SYSTEM IMPROVEMENTS IM-PROVEMENTS AND COMPLETING ANY MISCELLANEOUS WORK NEC-EE.TO NEC-EE.TO COMPLETE THE SEWER SYSTEM IN A PROPER AND WORKMANLIKE MANNER; ESTABLISHING THE EFFECTIVE DATE OF THIS ASSESSMENT ORDINANCE; AND RELATED MATTERS. BE IT ORDAINED BY THE CITY COUNCIL OF PLEASANT GROVE CITY, UTAH COUNTY, UTAH: Section 1. Determination ot Costs. All costs and expenses for the making of completed Improvements (herein defined) within the District have been determined, de-termined, the assessment amount for all property within the District has been finally determined. Section 2. Approval of Assessment List: Findings. The City Council (the "Council ) of Pleasant Grove City, Utah (the "City") hereby confirms the assessment as-sessment list for the PJeasant Grove City, Utah Special Improvement District No. 2005-1 (180 West SID) (the "District'), a copy of which is attached hereto as Exhibit B" and incorporated herein by reference (the "Assessment List"), and hereby confirms that the Assessment List is just and equitable; that each piece of property to be assessed 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. Section 3. Lew of Assessments The City Council of the City does hereby levy an assessment to be assessed upon the real property identified in the 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 paying the costs of construction of a sanitary sewer line in 180 West, from 2140 North to 2560 North, and in 2430 North, from 130 West to 180 West, with laterals stubbed to each lot 10-feet behind the existing curb and gutter, and other appurtenances. appurte-nances. There are other improvements; replacing the culinary water line and transfer of existing services to the new line, construction of a pressure irrigation irriga-tion line with services stubbed to each lot, installation of curb and gutter, and placement of a new asphalt surface and any miscellaneous work necessary to complete the Improvements in a proper and workmanlike manner. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List at equal and uniform rates according to the extent that they are specially benefited by the Improvements acquired or constructed within the District. , Section 1. Cost of Improvements: Amount of Total Assessments. The total cost of the Improvements in the District, including overhead costs, the costs of funding a reserve fund, and a contingency with respect to incomplete work, is $183,166.16, of which the City will pay $0. The amount to be assessed as-sessed against property affected or benefited by the improvements in the District is $183,166.16, which amount does not exceed in the aggregate the sum of: (a) the total estimated contract price or prices for the Improvements under contract, including the costs of engineering, designing, and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the City, if any; (c) the property price, if any; (d) connection con-nection fees, if any; (e) overhead costs not to exceed fifteen percent (15) of the sum of (a), (b), (c), and (d); (f) where the assessment is levied prior to the time all of the Improvements in the District are entirely completed and accepted, ac-cepted, an amount for contingencies of not to exceed 10 of the sum of (a), (b) and (c); and (g) an amount sufficient to fund a reserve fund. Section 2. Method and Rate. The total assessment for the District is levied m accordance with the following method and at the following rates: improvement Metnoa ot Assessment Per linear foot Each Each Per linear foot Per ton Per ton Cost $16.00 $1,950.00 $450.00 $26.00 $8.50 $7.00 8-inch sanitary sewer main 48-inch diameter man holes 4-inch sewer lateral Remove & replace curb and gutter Pipe bedding material Imported granular backfill Section 3. Payment of Assessments. The assessments shall be payable in ten (10) substantially equal annual installments in-stallments including interest on the unpaid balance of the assessment at the rate of interest paid by the Public Treasurer's Investment Fund (PTIF) of the State of Utah as the same rate is published each month on the State Treasurer's Treas-urer's web site plus one-half of one percent for the administration and collection collec-tion of assessments. The assessment payment dates shall be the first anniversary anni-versary date of the effective date of this Ordinance and each subsequent anniversary an-niversary date thereafter. Interest shall accrue from the effective date of this Assessment Ordinance until paid. If prepayment of an assessment, or any part thereof, arises out of a need of the property owner to clear the assessment lien from a portion (the "Release Pleasant Grove City INTENT TO FORM SPECIAL IMPROVEMENT DISTRICT NOTICE IS HEREBY GIVEN that on the 2nd Day of May 2006, the Municipal Council of Pleasant Grove City, Utah (the "City") adopted a resolution declaring declar-ing its intention to create a special improvement district to be known as neasant urove city, Utan special Improvement District No. 2006-1 (the , . "District"). It is the intention of the City to make improvements within the Dis-c Dis-c , trict and to levy assessments as provided in Chapter 3, Title 1 7 A, Utah Code 'fr.. Annotated (1953), as amended, on the real estate lying within the District for , a the benefit of which such assessments are to be expended in the making of such improvements. n Description of District The proposed District are the properties that have frontage on 1100 North, -v 100 East to Murdock Canal, that do not have existing curb, gutter and side- , walk improvements. i " Intended Improvements The improvements to be constructed within the District in general include the i $ following: Required improvements: To excavate for and construct concrete curb, gutter and sidewalk, driveway approaches, handicap ramps at intersections, and driveway tie-ins, both sides of 1100 North, 100 East to Murdock Canal, that do not already have said improvements. Other improvements: There are other improvements, such as asphalt street . paving, miscellaneous piping, etc., which are required to complete the " project; however, the cost of said other improvements are to be paid with other City funds. Optional Improvements The above-mentioned improvements are to be installed, as determined by the City, and shall be completed if the District is formed. The District may, if instructed by property owners, install optional improvements, such as concrete con-crete or asphalt driveways and assess such improvements to each individual property owner. Estimated cost of improvements The total cost of improvements (curb, gutter and sidewalk, drive approaches, etc.) in the proposed District, as estimated by the City Engineer, is $158,325, to be paid by an assessment to be levied against the property abutting upon the streets to be improved. The property owners' cost of the improvements may be financed during the construction period by the use of interim warrants. war-rants. The interest on said warrants win be assessed to the property owners. The estimated cost to be assessed against the benefited property within District Dis-trict shall be as follows: Required Improvements: Curb, gutter and sidewalk, estimated cost $27.00 per lineai foot Driveway approaches, estimated cost $200.00 each Handicap ramps at intersections, estimated cost $2,500.00 each - Driveway tie-ins, estimated cost $3.00 per sq. ft. t Optional Improvements: .i ; Concrete driveways: estimated cost $3.00 per sq. ft -! Asphalt driveways: estimated cost $2.00 per sq. ft. Levy of Assessment It is the intention of the Council of the City to levy assessments as provided 1 1 by the laws of the State of Utah on aft parcels and lots of real property within T ; the District benefited by said improve merits. The purpose of the assessment f ? and levy is to pay those costs of the subject imorovements. which the Citv will not assume and pay. The method of assessment shall be apportioned according to the front footage of lots and parcels of property that have frontage front-age on 1 1 00 North, unless otherwise specified. The cost of curb returns with handicap access ramps shall be shared by all of the properties havinq frontaoe on 1100 North. The assessments may be paid by property owners in ten (10) annual installments, install-ments, with interest on the unpaid balance at a rate or rates fixed by the : Council, or the whole or any part of the assessment may be paid without in- teres! within fifteen (15) days after the ordinance levying the assessment becomes be-comes effective. The assessments shall be levied according to the benefits to be derived by each property within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 3, of Title 17A, of Utah Code Annotated (1953). as amended. A map of the proposed District, copies of plans, profiles and specifications of the proposed improvements and other related information are on file in the office of the City Recorder, 70 S. 100 E., Pleasant Grove, UT 84062, who will make such information available to all interested persons. Time for filing protests Any person who is the owner of record of property to be assessed in the District Dis-trict described above in this Notice of Intention shall have the right to file in writing a protest against the creation of the District or to make any other objections ob-jections relating thereto. Protests shall describe or otherwise identity the property owner of record by the person or persons making the protest. Protests Pro-tests shall be filed with the City Recorder of Pleasant Grove City. Utah, on or before 4:30 p.m. on or before the 31 st Day of May, 2006. Thereafter, the City Council will meet in public meeting on Tuesday, June 6, 2006, at 7 p.m. in the City Council Chambers (south entrance), 86 East 100 South, Pleasant Grove, Utah, to consider all protests so filed and hear all objections relating to the proposed District. At such time, if 50 percent of the total assessable front footage of property shall protest the formation of the District, the District shflll not t) cr3td BY THE ORDER OF THE CITY COUNCIL OF PLEASANT GROVE, UTAH, s Amanda R. Fraughton City Recorder Published in North County Newspapers May 4, 11 . 1 8 & 25, 2006. 2281 58 Alpine City Public Notice The CITY COUNCl of Alpine City, Utah will hold a Public Hearing on Tuesday. Tues-day. May 9, 2006 at 7:00 pm at Alpine City Hall, 20 North Main, Alpine, Utah for the purpose of receiving public comment regarding vacating a portion of Mountainville Sub., Plat A. Janis H. Williams City Recorder Published in North County Newspapers Apr. 20, 27, & May 4. 00225645 UPAXLP -3 ) " r Parcel") of a parcel now being assessed (the "Assessed Parcel"), the assessment as-sessment lien upon the Release Parcel may be released by the City, as follows: fol-lows: The total acreage of the Release Parcel shall be calculated by adding the total to-tal acreage to be released. The property owner shall submit the legal description de-scription of the Release Parcel which shall include the total acreage of said parcel. The property owner shall prepay an assessment applicable to the Release Parcel calculated by the City's Finance Director as follows: (total acreage to be released) x (the applicable assessment per acre set forth in Section 5 hereinabove) plus accrued interest from the last assessment date to the prepayment pre-payment dale of the assessment and including a prorate share of any administrative admin-istrative costs associated with the District. For purposes of determining prepayment amounts provided in (ii) above, regularly scheduled assessment payments shall not be taken into account. For example, should a property owner desire to clear the assessment lien from a Release Parcel after the lien of the Assessed Parcel has been reduced re-duced through regularly scheduled payments, said property owner would need to prepay a portion of the then outstanding assessment as determined under (ii) above. The regularly scheduled assessment payment previously made would not entitle the property owner fo release a Release Parcel without with-out such prepayment. In the event all or any portion of the property assessed hereunder is subdivided subdi-vided into smaller parcels as evidenced by a subdivision plat approved by the City and recorded at the County Recorder's office of Utah County, the City may elect, at its discretion, to allocate the assessment balance on the previously undivided property on a proportionate basis based on area. The required annual assessment installment payments for each subdivided parcel par-cel shall be allocated proportionately on an area basis so that the aggregate total of all of the annual assessment installments for each of the subdivided parcels will equal the total annual assessment installment for the previously undivided property. When an assessment lien is perfected for each of the subdivided parcels, the total assessment levied against the previously undivided undi-vided property will be released having been replaced by the aggregate of the assessments allocated to each of the subdivided parcels. A release of the new assessment lien for a given subdivided parcel will be delivered by the City at the time the assessment balance for that subdivided parcel is paid in full. Section 4. Default in Payment. If a default occurs in the payment of any installment in-stallment of principal or interest, when due, the City Finance Director, on behalf be-half of the City Council, shall take one of two actions within fifteen (15) days after such default: (1) declare the unpaid amount delinquent and subject to collection as provided herein, or (2) accelerate payment of the total unpaid balance of the assessment and declare the whole ol the unpaid principal and interest to be immediately due and payable and subject to collection as provided pro-vided herein. Interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the same rate or rates of interest as are applied to delinquent real property taxes for the year in which the assessment installment becomes delinquent (the "Delinquent "De-linquent Rate"). In addition to interest charges at the Delinquent Rate, costs of collection, as approved by the City Finance Director on behalf of the City Council, including, without limitation, attorneys' fees, trustee's fees and court costs, incurred by the City and the Trustee for the Assessment Bonds or required re-quired by law shall be charged and paid on all amounts declared to be delinquent delin-quent or accelerated and immediately due and payable. The City Finance Director shall then give immediate notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls of Utah County. Notice shall be effective upon deposit of the notice in the U.S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls of Utah County. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owning, after which the City Finance Director, Di-rector, at the direction of the City Council, shall immediately initiate a summary sum-mary sale pursuant to Section 17A-3-324(2) and related pertinent provisions of the Act, of all property in default in the manner provided for actions to foreclose fore-close trust deeds. The City Council shall designate the trustee or any successor suc-cessor thereof as trustee (the "Trustee"), to carry out such foreclosure, and such Trustee shall be deemed to have a power of sale and all other rights, power and authority necessary to legally and lawfully foreclose the lien for delinquent assessments, provided, however, that if any entity other than the trustee defined in the Bond Resolution is selected by the City Council, such selection shall occur prior to the expiration of the thirty (30) day cure period referenced herein. The Trustee so selected must satisfy the qualifications for a trustee set forth in Section 57-1-21, Utah Code Annotated 1953, as amended, or any successor statute. If for any reason, the Trustee cannot perform the powers and responsibilities herein provided, it may appoint wit the consent of the City Council, a qualified trustee to serve as trustee. If at the sale no person or entity shall bid and pay the City the amount due on the assessment plus interest and costs, the property shall be deemed sold to the City for these amounts. The City shall be permitted to bid at the sale. The remedies provided herein for the collection of assessments and the enforcement en-forcement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive de-prive the City of the use of any other method or means. The amounts ol accrued ac-crued interest and all costs of collection, including trustee's fees, attorney's fees and costs, shall be added to the amount of the assessment up to, and Including, the date of foreclosure sale. Section 5. Bemedy oLDelaulL If prior to the final date payment may be legally le-gally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of all unpaid un-paid installments of principal and interest which are past due and delinquent with interest on such installments at the rate or rates set forth in Section 7 herein fo the payment date, plus all Trustee's fees, attorney's fees and other costs of collection, the assessment of said owner shall be restored and default de-fault removed, and thereafter the owner shall have the right to make the payments pay-ments in installments as if the delault had not occurred. Any payment made to cure the default shall be applied, first, to the payment ol Trustee's lees, attorney's at-torney's fees and other costs incurred as a result of such default; second, to interest charged on past due installments, as set forth above; third, to the interest in-terest portion of all past due assessments; and last, to the principal portion of all past due assessments. Section 6. Lien of Assessment An assessment or any part or installment ol it, any interest accruing and the penalties, Trustee's fees, attorneys' fees and other costs of collection shall constitute a lien against the property upon which the assessment is levied on the effective date of this Assessment Ordinance. Or-dinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic's or materialman's lien or other encumbrance and shall be equal to and on a parity wit the lien for general property taxes and the lien of any other assessment on the property. The lien shall continue until the assessment 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 tax or other assessment or the issuance ol tax deed, an assignment assign-ment of interest by the governing entity or a sheriff's certificate ol sale or deed. Section 7. Contestability. No assessment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity or justice ol the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence com-mence a civil action against the City to enjoin the levy or collection of the assessment as-sessment or to set aside and declare unlawful this Assessment Ordinance. Such action must be commence and summons be served on the City not later than 30 days after the effective date of this Assessment Ordinance. This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute stat-ute but did not timely make or any complaint that does not got to the equity or justice of the assessment or proceeding. After the expiration of the 30-day period provided in this section: The Assessment Bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons per-sons who have not commenced the action provided lor in this section; and No suit to enjoin the issuance or payment of the Assessment Bonds, the levy, collection or enforcement of the assessment, or in any other manner attacking at-tacking or questioning the legality of the Assessment Bonds or assessments may be instituted in this state, and no court shall have authority to inquire into these manners. Section 8. NQUceiQPtgperty Owners. The City Finance Director 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, sate 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. Section 9. AOJecessaryActionApprovel The officials of the City are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Assessment Ordinance. Section 10. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Assessment Ordinance are hereby repealed. Section 1 1 .PublicalioiLQLDrdinances, Immediately after its adoption, this Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose. This Assessment Assess-ment Ordinance shall be published once in the Pleasant Grove Review a newspaper having general circulation within the boundaries of the City, and shall take effect immediately upon its passage and approval and publication as required by law. PASSED AND APPROVED by the Pleasant Grove City Council this 2nd day of May, 2006 Isl Mayor Michael W. Daniels Isl Amanda R. Fraughton - City Recorder Published in North County Newspapers May 4, 2006. 00228170 a r?5E' "Hi'A: Tigjs 'tIRV (Besoms Give us a call at 756-7669 hfjfcft? For All Ages Free Admission Jk . 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