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A. Purpose: There is created a special fund to be known as the "Special Improvement Guaranty Fund" which Fund shall be used for the purpose of guaranteeing to the extent of said Fund the payment of special improvements bonds, or special improvement warrants, and interest thereon heretofore or hereafter issued against local improvement districts for the payment of local improvements therein, and for the purchase of property sold to the City at tax sale or under foreclosure for delinquent special improvement taxes.
B. Creation And Maintenance: The City Council shall create and maintain the Special Improvement Guaranty Fund by appropriation from the General Fund, or by the 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 such other source as may be determined upon by the City Council to provide the monies necessary for that purpose. Said Fund shall be held by the City Treasurer and shall be kept by him separate and apart from all other funds held by him.
C. Transfer Of Excess Charges: All excess charges and penalties collected by the City Treasurer for the benefit or credit of any special improvement fund and remaining on hand after all the bonds or warrants, together with interest thereon drawn against said special improvement fund shall have been fully paid and canceled, shall be transferred to the Special Improvement Guaranty Fund.
D. Payment Of Bonds Or Warrants: When any bond, warrant or coupon drawn against any special improvement bond is presented to the City Treasurer for payment and there is not a sufficient amount in said special improvement fund against which it is drawn to pay the same, unless otherwise requested by the holder, payment therefor shall be made by warrants drawn by the City Treasurer against the Special Improvement Guaranty Fund.
E. Property Purchase: In the event that any property is sold to the City at tax sales or under foreclosure for delinquent special improvement taxes, said purchase shall be made by warrant drawn against the Special Improvement Guaranty Fund. All proceeds from the redemption or sale of property sold under foreclosure or of certificate of tax sale held by the City shall be paid into the Special Improvement Guaranty Fund.
F. Fund Replenishment: Whenever there is not a sufficient amount of cash in the Special Improvement Guaranty Fund at any time to make any and all purchases of property bid in by the City at sales of property for delinquent special improvement taxes, the City Council may replenish the Special Improvement Guaranty Fund by transfer or appropriation from the General Fund or other available sources as may be determined by the City Council. Warrants drawing interest at a rate of not to exceed eight percent (8%) per year may be issued by the City Treasurer against said Fund to meet any financial liabilities accruing against it; but at the time of making its next annual tax levy, the City Council shall provide for the levy of a sum sufficient with the other resources of the fund to pay warrants so issued and outstanding, the tax for this purpose not to exceed one mill in any one year.
G. Subrogation Of City: Whenever the City shall have paid under its guaranty any sum on account of principal or interest on the bonds or warrants of any district, it shall be subrogated to the rights of the holders of such bonds or warrants or interest coupons so paid, and such bonds or warrants or coupons, and proceeds thereof, shall become a part of the Guaranty Fund.
(1979 Code § 12.24.300; amd. Ord. 97-83, 10-28-1997)
At any time after the levy of any such tax, the Mayor, at the Mayor's sole discretion, may:
A. Accept from the fee owner or owners of any property so burdened with such special improvement tax and assessment or taxes and assessments a good and sufficient deed therefor conveying the title of said owner or owners therein, subject to any such special tax and assessment or taxes and assessments, and subject to any outstanding general tax or taxes, to the City, and may pay additional consideration therefor;
B. Acquire by purchase or otherwise the general tax title from the County to any property so burdened with such special improvement tax and assessment or taxes and assessments, where title to said property has passed by auditor's deed to the County for the nonpayment of general taxes, or has otherwise passed to the County when the Mayor deems it necessary or advisable to do so in order to protect the lien or liens of the City for any special improvement tax and assessment or taxes and assessments;
C. File and prosecute actions to quiet title to said property or properties, and/or do any and all things necessary or advisable to perfect title in the City to said property or properties in order to protect the lien or liens of the City for any special improvement tax and assessment or taxes and assessments, and/or do any and all things necessary or advisable to protect the lien or liens of the City for any special improvement tax and assessment or taxes and assessments;
D. Expend the necessary funds to accomplish any or all of the objects provided for in this Section from the Special Improvement Guaranty Fund or from any other proper source;
E. Dispose of any or all of said properties to which the City has so received title, free and clear of the whole or any part of any such special tax lien and/or general taxes, without notice.
(1979 Code § 12.24.310; amd. Ord. 97-83, 10-28-1997)
No error made in the carrying out of any of the provisions of this Chapter shall affect the validity of any sale made hereunder unless such error is jurisdictional, or due objection thereunto is made at the time and in the manner provided by law.
(1979 Code § 12.24.320; amd. Ord. 97-83, 10-28-1997)
A. Whenever the City shall acquire jurisdiction to pave or repave in any district now or hereafter created, it shall be the duty of the City Engineer to notify in writing the owners of property abutting on said district, and require such owners to make all necessary water, gas and sewer connections with the water and gas pipes and sewer thereon, and to extend such water, gas or sewer pipes to the curb of the streets on either side thereof.
B. Such notice may be given by personal service upon the owner of said property or upon some one having charge of the same, or by depositing such notice in the post office at Ogden, Utah, postage prepaid, addressed to the owner of said property, or the one in charge of said property, at least twenty (20) days before the time of paving or repaving said street.
C. If any of the owners of said property fails in the time required in said notice to make the necessary water and sewer connections as provided in this Chapter, then the City shall have the right to have said connections so made and the cost thereof assessed against such property where said connections have been made, and the same shall constitute a lien on said premises, and the cost thereof shall be assessed against such property at the same time as the district assessment is levied and shall be due, payable, delinquent and collected in the same manner as in the case of district assessment.
(1979 Code § 12.24.330; amd. Ord. 97-83, 10-28-1997)
Whenever any gas mains are located upon any street where a district is created, the City shall have the right, upon twenty (20) days' notice to the person or corporation owning or operating said gas distribution facilities, to require the same to make all necessary connections with said mains, and to extend the pipes connected with the same to the curb line on either side of such street, and upon failure of said gas company to make such connections after the time required in said notice, the City may cause said connections to be made and shall collect the cost of the same from said gas company in the manner provided by law.
(1979 Code § 12.24.340; amd. Ord. 97-83, 10-28-1997)