POINTE WEST PUBLIC INFRASTRUCTURE DISTRICT DESIGNATION RESOLUTION
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Resolutions
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Notice
Event Start Date & Time
July 2, 2024 10:05 AM
Description/Agenda
POINTE WEST PUBLIC INFRASTRUCTURE DISTRICT
POINTE WEST ASSESSMENT AREA NO. 1
DESIGNATION RESOLUTION
DATED AS OF June 26, 2024
1
DESIGNATION RESOLUTION
WHEREAS, the Board of Trustees (the 'Board') of the Pointe West Public Infrastructure
District (the 'District'), adopted Resolution No. 2024-05 on June 26, 2024, pursuant to which the
Board authorized and approved the form of this Designation Resolution; and
BE IT RESOLVED by the Board of Trustees of the Pointe West Public Infrastructure
District, as follows:
Section 1. The Board hereby determines that it will be in the best interest of the District
to designate an area to finance the costs of publicly owned infrastructure, facilities or systems more
specifically described in Section 4 herein, along with other necessary miscellaneous
improvements, and to complete said improvements in a proper and workmanlike manner
(collectively, the 'Improvements'). The Board hereby determines that it is in the best interest of
the District to levy assessments against properties benefited by the Improvements to finance the
costs of said Improvements. The Board hereby finds that pursuant to the Act, the Improvements
constitute a publicly owned infrastructure, facility or system that (i) the District is authorized to
provide or (ii) is necessary or convenient to enable the District to provide a service that the District
is authorized to provide.
Section 2. Pursuant to the Assessment Area Act, Title 11, Chapter 42, Utah Code
Annotated 1953, as amended and the Public Infrastructure District Act, Title 17D, Chapter 4 of
the Utah Code (together, the 'Act'), the owners (the 'Owners') of all properties to be assessed
within the designated assessment area have voluntarily waived, among other things, all notice and
hearing requirements, the right to contest or protest, and the right to have a board of equalization
appointed as set forth in the Act, and have consented to (a) the levy of an assessment against their
property for the benefits to be received from the Improvements, (b) the designation of the
assessment area as herein described, (c) the financing of the Improvements by the District through
the issuance of assessment bonds, including the payment of installments over a period of not to
exceed 30 years, (d) the acquisition and/or construction of the Improvements, and (e) the method
and estimated amount of assessment as set forth herein in accordance with the Acknowledgment,
Waiver and Consent Agreement attached hereto as Exhibit A. The properties to be assessed are
identified by legal description in Exhibit B attached hereto.
Section 3. The District hereby designates an assessment area which shall be known as
the 'Pointe West Assessment Area No. 1' (the 'Assessment Area'). A map and depiction of the
Assessment Area is attached hereto as Exhibit C. The District received an appraisal of the
unimproved property (from an appraiser who is a member of the Appraisal Institute) and addressed
to the District verifying that the market value of the property, after completion of the
Improvements, is at least three times the amount of the assessments proposed to be levied against
the unimproved property.
Section 4. The Improvements shall be generally located in and around the map and
depiction area attached hereto as Exhibit C. The District plans to finance the costs of publicly
owned infrastructure, facilities or systems as part of an approximately 45-acre residential
development (the 'Pointe West Development'). The District plans to levy the assessments to
2
4865-0387-5735, v. 4
finance the Improvements within the Pointe West Development. The Improvements are more
particularly described as follows:
-Sewer improvements, including, but not limited to, mains, lift stations, manholes
and manhole linings, sewer cleanouts, and laterals (various sizes).
-Water improvements, including but not limited to, mains, valves, tees/crosses,
bends, thrust bonds, fire hydrants, blow offs and appurtenances (various sizes).
-Roads and roadway improvements including, but not limited to, rights of way,
earthwork, curbs, gutters, sidewalks, street signage, centerline monuments, conduit
crossings, street striping, streetlights and mailboxes.
-Storm drain improvements, including but, but not limited to, storm drain pipes,
catch basins, junction boxes, inlets, culverts, cleanouts, trash racks, rip-rap and geotextile
fabric.
As further engineering, costs, efficiencies, or any other issues present themselves, the
District hereby reserves the right to approve reasonable changes to the allocation of expenditures
described above and the location and specifications of the Improvements (but not to the
Improvements) without obtaining the consent of the property owners within the Assessment Area.
Section 5. Pursuant to the Act, the Board has determined to levy assessments to pay
the cost of the Improvements. The assessments are assessed against properties in a manner that
reflects an equitable portion of the benefit of the Improvements as required by the Act (and in any
event the Owners have consented to such manner without reservation) and shall be payable in
annual installments as set forth in the Assessment Ordinance. The District has determined that the
reasonable useful life of the Improvements is at least fifty (50) years and that it is in the District
and the Owners' best interest for certain property owner installments to be paid for over up to
thirty (30) years.
Section 6. The total acquisition and/or construction cost of the Improvements,
including estimated overhead costs, administrative costs, costs of funding reserves, and debt
issuance costs, is estimated at $10,785,523, of which $3,090,000 is anticipated to be paid by
assessments to be levied against the properties within the Assessment Area to be benefited by such
Improvements, which benefits need not actually increase the fair market value of the properties to
be assessed. The District expects to finance the cost of the Improvements by issuing assessment
bonds (the 'Bonds'). The District currently estimates selling the Bonds at a true interest cost
interest rate of approximately 6.69% per annum, maturing within thirty (30) years of their date of
issuance. Inasmuch as bonds have not been issued, the District notes that the interest rate and
annual payment are only as estimated and not a cap or maximum amount. It is anticipated that the
reserve fund will be initially funded with proceeds of the Bonds. The estimated cost of
Improvements to be assessed against the benefited properties within the Assessment Area are to
be initially assessed using an equivalent residential unit ('ERU') as follows:
Section 7. As set forth in the Assessment Ordinance, the assessment methodology
may, under certain circumstances, be altered in the future.
3
4865-0387-5735, v. 4
Improvements Assessment Assessment Method Assessment Per ERU
All above-described Improvements $3,090,000 ERU $27,837.84
Section 8. The Board intends to levy assessments as provided in the Act on all parcels
and lots of real property within the Assessment Area to be benefited by the Improvements, and the
Owners of which have executed the Acknowledgment, Waiver and Consent Agreement described
in Section 2 herein. The purpose of the assessment and levy is to finance the cost of the
Improvements, which the District will not assume or pay. The existing planning and zoning
conditions of the District shall govern the development in the Assessment Area.
The Owners have waived the right to prepay the assessment without interest within twentyfive
(25) days after the ordinance levying the assessments becomes effective. A property owner
may prepay the assessment as provided in the Assessment Ordinance. The assessments shall be
levied against properties in a manner that reflects an equitable portion of the benefit of the
Improvements as required by the Act, and in any case, the Owners have consented to such
methodology as provided in Section 11-42-409(5) of the Act. Other payment provisions and
enforcement remedies shall be in accordance with the Act.
A map of the Assessment Area and the location of the Improvements and other related
information are on file in the office of the Secretary/Clerk who will make such information
available to all interested persons.
Section 9. The District will collect the Assessments by directly billing each property
owner rather than inclusion on a property tax notice.
Section 10. A professional engineer has prepared a 'Certificate of Project Engineer,'
attached hereto as Exhibit D, which, among other things, identifies the Improvements to be
constructed and installed and is available upon request from the District. The findings and
determinations set forth in this Resolution are based, in part, upon said Certificate of Project
Engineer.
Section 11. The provisions of the Assessment Ordinance shall govern the levy, payment
and applicable provisions regarding the assessments notwithstanding anything contained herein to
the contrary. As required by Section 11-42-206(3) of the Act, within 15 days of the completion of
this Resolution, the Secretary/Clerk shall (i) record an original or certified copy of this designation
resolution with Iron County and (ii) where applicable, file with the Iron County Recorder a notice
of proposed assessment.
4865-0387-5735, v. 4 A-1
EXHIBIT A
ACKNOWLEDGMENT, WAIVER AND CONSENT AGREEMENT
4854-9140-0599, v. 3
ACKNOWLEDGMENT, WAIVER AND CONSENT AGREEMENT
This Acknowledgment, Waiver and Consent Agreement (this 'Agreement') is
entered into June 26, 2024, by CW Redhawk Village LLC, a Utah limited liability company
and CW Redhawk Village QUZB LLC, a Utah limited liability company (collectively, the
'Owner' or 'Owners').
R E C I T A L S:
1. As of the date hereof, the Owner owns the real property described in Exhibit
A attached hereto (the 'Subject Property'), which constitutes a portion of the property to
be assessed within the Assessment Area described herein.
2. The Owner desires that the Pointe West Public Infrastructure District (the
'District') designate an assessment area pursuant to the Assessment Area Act, Title 11,
Chapter 42, Utah Code Annotated 1953, as amended (the 'Act'), for purposes of
constructing publicly owned infrastructure, facilities or systems along with other necessary
miscellaneous improvements (the 'Improvements'), as more fully described in the
Assessment Ordinance (defined herein).
3. Estimated costs for the Improvements, including estimated overhead costs,
administrative costs, costs of funding reserves, and debt issuance costs, is estimated at
$10,785,523, of which $3,090,000 shall be assessed shall be levied against the properties
benefited within the Assessment Area. The Owner anticipates using other funding to
complete the remainder of the Improvements. If the Assessments and additional funding
are not sufficient to complete the Improvements, the Owner hereby agrees to pay to
complete the Improvements, including, but not limited to, an additional assessment on the
Owner's property without any ability to contest such assessment.
4. Pursuant to the Act, the Board of Trustees of the District (the 'Board') has
or is expected to approve (i) a Designation Resolution, a copy of which is attached hereto
as Exhibit B (the 'Designation Resolution') designating an assessment area to be known
as the 'Pointe West Assessment Area No. 1' (the 'Assessment Area') and (ii) an
Assessment Ordinance for the Assessment Area (the 'Assessment Ordinance'), a copy of
which is attached hereto as Exhibit C, which, among other things, contemplates the
reallocation and adjustment of the Assessments by the District among subdivided parcels
within the Assessment Area.
5. The Owner and the District desire to include the Subject Property in the
Assessment Area and to expedite such process by waiving certain statutory procedures as
permitted by the Act for the purpose of accelerating the financing of the Improvements.
NOW, THEREFORE, in consideration of the premises stated herein, the inclusion
of the Subject Property in the Assessment Area, the acquisition, construction and
installation of the Improvements and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Owner hereby agrees as follows:
4854-9140-0599, v. 3 2
Section 1. Representations and Warranties of the Owner. The Owner hereby
represents and warrants that:
(a) CW Redhawk Village LLC and CW Redhawk Village QUZB LLC
are considered affiliates of one another, as described in Section 6 of the Assessment
Ordinance;
(b) the Owner is the sole owner of the Subject Property identified as
such in Exhibit A attached hereto;
(c) the Owner has taken all action necessary to execute and deliver this
Agreement;
(d) the execution and delivery of this Agreement by the Owner does not
conflict with, violate, or constitute on the part of the Owner a breach or violation
of any of the terms and provisions of, or constitute a default under (i) any existing
constitution, law, or administrative rule or regulation, decree, order, or judgment;
(ii) any corporate restriction or any bond, debenture, note, mortgage, indenture,
agreement, or other instrument to which the Owner is a party or by which the Owner
is or may be bound or to which any of the property or assets of the Owner is or may
be subject; or (iii) the creation and governing instruments of the Owner, if
applicable;
(e) there is no action, suit, proceeding, inquiry, or investigation at law
or in equity by or before any court or public board or body and to which the Owner
is a party, or threatened against the Owner (i) seeking to restrain or enjoin the levy
or collection of the Assessments, (ii) contesting or affecting the establishment or
existence, of the Owner or any of its officers or employees, its assets, property or
conditions, financial or otherwise, or contesting or affecting any of the powers of
the Owner, including its power to develop the Subject Property, or (iii) wherein an
unfavorable decision, ruling, or finding would adversely affect the validity or
enforceability or the execution and delivery by the Owner of this Agreement;
(f) the Owner has not made an assignment for the benefit of creditors,
filed a petition in bankruptcy, petitioned or applied to any tribunal for the
appointment of a custodian, receiver or any trustee or commenced any proceeding
under any bankruptcy, reorganization, arrangement, readjustment of debt,
dissolution or liquidation law or statute of any jurisdiction. The Owner has not
indicated their consent to, or approval of, or failed to object timely to, any petition
in bankruptcy, application or proceeding or order for relief or the appointment of a
custodian, receiver or any trustee;
(g) the Owner is not in default under any resolution, agreement or
indenture, mortgage, lease, deed of trust, note or other instrument to which the
Owner is subject, or by which it or its properties are or may be bound, which would
have a material adverse effect on the development of the Subject Property;
4854-9140-0599, v. 3 3
(h) the Owner is in compliance and will comply in all material respects
with all provisions of applicable law relating to the development of the Subject
Property, including applying for all necessary permits;
(i) the Owner hereby consents in all respects to the Improvements and
assessment methodology as described in the Designation Resolution and
Assessment Ordinance, including as provided in the Act;
(j) the assessment bonds, together with funds and loans of the Owner,
will be sufficient to complete the Improvements in order to achieve finished lots as
contemplated in the Appraisal Report for Pointe West Subdivision, prepared by
Colliers International Valuation & Advisory Services, dated May 29, 2024;
(k) each entity comprising the Owner is an affiliate (within the meaning
of the Assessment Ordinance) with respect to each other entity comprising the
Owner; and
(l) the undersigned are authorized to execute and deliver this
Agreement for and on behalf of the Owner.
Section 2. Acknowledgment by the Owner. The Owner on behalf of itself, and
its successors in title and assigns, hereby acknowledges and certifies that:
(a) the undersigned, on behalf of the Owner, are duly qualified
representatives of the Owner with the power and authority to execute this
Agreement for and on behalf of the Owner and have heretofore consulted their own
counsel prior to the execution and delivery of this Agreement;
(b) the Owner has received a copy of the Designation Resolution, the
Assessment Ordinance and any other information necessary to execute this
Agreement;
(c) the consents set forth in Section 3 herein will benefit the Owner by
expediting the assessment process and providing for the financing of the
Improvements by the issuance of assessment bonds;
(d) the Assessments constitute a legal, valid and binding lien on the
Subject Property;
(e) the Assessment Ordinance and the rights of the District thereunder
with respect to the enforcement of the lien of the Assessments and all other
conditions therein;
(f) the Owners have provided the pertinent information supporting the
estimated cost of the Improvements, the allocation of Equivalent Residential Units
('ERUs') in the Assessment Area, the property description and tax parcel
identifications of the Subject Property and the Assessment Area and the assessment
4854-9140-0599, v. 3 4
list attached to the Assessment Ordinance, and the District is relying on this
Agreement in order to issue its assessment bonds related to the Improvements;
(g) the levy of the Assessments on the Subject Property will not conflict
with or constitute a breach of or default under any agreement, mortgage, lien or
other instrument to which the Owner is a party or to which its property or assets are
subject;
(h) the Owner further acknowledges and agrees that if for any reason
the Assessments are insufficient to complete the Improvements, the property
owners within the Assessment Area may be responsible for paying any pro-rata
share of additional costs required to complete the Improvements, including, but not
limited to, an additional assessment on their property without any ability to contest
such assessment;
(i) the Owner, notwithstanding Section 11-42-206(3)(e) of the Act, has
provided the legal description and tax identification number of each parcel of
property within the Assessment Area and shall be responsible for any errors related
to such information;
(j) the District cannot guaranty or predict the interest rates of the
assessment bonds related to the Assessment Area, which will have a direct impact
on the amount of the Assessments;
(k) each parcel of property (including subdivided parcels, if applicable)
within the Assessment Area shall initially have an allocation of ERUs;
(l) the amount of the Assessment on the Subject Property reflects an
equitable portion of the benefit the Subject Property will receive from the
Improvements, but nevertheless, the Owner hereby consents to such Assessment as
provided in Section 11-42-409(5) of the Act; and
(m) the Owner has received consents to the Assessment and issuance of
the assessment bonds described herein from all lienholders on the Subject Property
whose consent is required.
Section 3. Consent by Owner. The Owner, on behalf of itself, and its
successors in title and assigns, hereby consents to:
(a) the inclusion of the Subject Property in the Assessment Area and the
designation of the Assessment Area for the purpose of financing the cost of the
Improvements with assessments to be levied against properties within said
Assessment Area, including the Subject Property, all as described in the
Designation Resolution, the estimated costs of the Improvements, the method of
assessment, and the Assessment Ordinance;
4854-9140-0599, v. 3 5
(b) the District financing the acquisition, construction and installation
of the Improvements through the issuance of assessment bonds as provided in the
Act;
(c) the allocation of Assessments as described in Exhibit A hereto and
as further described in the Assessment Ordinance, including the number of ERUs
attributable to each unit type;
(d) aggregation of all Assessments of all properties owned by the same
owner (including an affiliate of such owner) as a single unified assessment against
all properties owned by the same owner, as further described in the Assessment
Ordinance;
(e) in accordance with Section 2(f) above the Owners were responsible
for providing the legal description and tax identification number of each parcel of
property within the Assessment Area, in the event of a shortfall described in Section
11-42-206(3)(e) of the Act, the Owners consent and agree (i) to be held jointly and
severally liable for and (ii) to pay such shortfall on behalf of the District;
(f) all foreclosure remedies of the Subject Property in accordance with
the Act and the Assessment Ordinance;
(g) not suing or enjoining the levy, collection, or enforcement of the
Assessment levied pursuant to the Assessment Ordinance or in any manner
attacking or questioning the legality of said Assessment levied within the
Assessment Area pursuant to the Assessment Ordinance; and
(h) the District imposing assessments to be paid in installments over a
period of not to exceed thirty (30) years from the effective date of an assessment
resolution.
Section 4. Waiver. The Owner, on behalf of itself, and its successors in title
and assigns, hereby waives:
(a) any and all notice and hearing requirements set forth in the Act;
(b) its rights for contesting, protesting, or challenging the legality or
validity of the equitability or fairness of the Assessments, or the creation and
establishing of the Assessment Area, the adopting of the Assessment Ordinance or
the levy and collection of Assessments pursuant to the Assessment Ordinance,
whether by notice to the District or by judicial proceedings, or by any other means;
(c) the right to have appointed by the District a board of equalization
and review which would hear aggrieved property owners and recommend
adjustments in assessments, if deemed appropriate, the right to a hearing before a
board of equalization and review and the right to appeal from any determination of
a board of equalization and review as provided in the Act;
4854-9140-0599, v. 3 6
(d) the right to pay cash for its assessment during a cash prepayment
period which would otherwise extend for twenty-five (25) days after the adoption
and publication of the Assessment Ordinance as provided in the Act;
(e) any right to contest its assessment, including but not limited to the
60-day contestability period provided in Section 11-42-106 of the Act;
(f) any right to contest that the Improvements qualify as a publicly
owned infrastructure, system or other facility that (i) the District is authorized to
provide or (ii) is necessary or convenient to enable the District to provide a service
that the District is authorized to provide and the Owner further acknowledges that
it has consulted with counsel regarding the same; and
(g) any other procedures that the District may be required to follow in
order to designate an assessment area or to levy an assessment as described in the
Designation Resolution and the Assessment Ordinance.
Section 5. Amendment. The Owner hereby acknowledges that bond counsel
will rely on the representations, warranties, acknowledgments, consents, and agreements
herein contained in issuing opinions relating to the levy of the assessments and the issuance
of assessment bonds and consequently agrees that this Agreement may not be amended,
modified, or changed without the prior written consent of the District and such bond
counsel.
Section 6. Severability. The invalidity or un-enforceability in particular
circumstances of any provision of this Agreement shall not extend beyond such provision
or circumstances and no other provision hereof shall be affected by such invalidity or unenforceability.
Section 7. Headings. The headings of the sections of this Agreement are
inserted for convenience only and shall not affect the meaning or interpretation hereof.
Section 8. Successors and Assigns. This Agreement shall be binding upon the
Owner and its successors and assigns.
Section 9. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Utah.
Section 10. Counterparts. This Agreement may be executed in several
counterparts, all or any of which may be treated for all purposes as an original and shall
constitute and be one and the same instrument.
Section 11. Defined Terms. Capitalized terms used herein but not otherwise
defined shall have the meanings ascribed to such terms in the Assessment Ordinance.
A-1
EXHIBIT A
TAX ID AND LEGAL DESCRIPTION OF PROPERTY TO BE ASSESSED
Assessment Method and Amount*
Total Assessment $3,090,000
Total ERUs 111
Assessment Per ERU $27,837.84
Unit Type Parcel ID No. Quantity Initial
Lien/Lot
ERUs Per
Unit
Total Assessment
per Lot Type
Single Family
Detached
B-1884-0000-0000,
B-1884-0006-0000,
B-1884-0010-0000
111 $27,837.84 1 $3,090,000
Total
$3,090,000
* Figures have been rounded
A-2
4854-9140-0599, v. 3
Legal Description
The Assessment Area is more particularly described as follows:
That certain real property located in Salt Lake County, State of Utah and described as
follows:
BEGINNING AT A POINT S89°52'09'E ALONG THE 1/4 SECTION LINE 1,349.12 FEET
FROM THE WEST 1/4 CORNER, SECTION 5, TOWNSHIP 36 SOUTH, RANGE 11 WEST,
SALT LAKE BASE AND MERIDIAN; THENCE CONTINUING ALONG SAID 1/4 LINE
S89°52'09'E 2,618.05 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY 3100
WEST (LUND HWY); THENCE S01°39'44'E ALONG SAID RIGHT OF WAY 331.56 FEET ;
THENCE N89°53'12'W 809.89 FEET ; THENCE S00°01'12'W 331.67 FEET ; THENCE
N89°54'17'W 1,838.21 FEET TO A POINT ON THE 1/16TH LINE OF SAID SECTION ;
THENCE N89°54'16'W 1,329.28 FEET TO A POINT ON SAID SECTION LINE ; THENCE
S89°59'27'W 1,265.97 FEET TO A POINT ON THE EAST RIGHT OF WAY 3900 WEST;
THENCE N00°14'53'E ALONG SAID RIGHT OF WAY 145.00 FEET; THENCE
N89°59'27'E 1,265.50 FEET TO A POINT ON SAID SECTION LINE; THENCE N00°03'39'E
ALONG SAID SECTION LINE 187.63 FEET ; THENCE S89°53'13'E 1,329.19 FEET TO A
POINT ON THE 1/16TH LINE; THENCE N00°02'48'E ALONG THE 1/16TH LINE 232.24
FEET ; THENCE S89°52'09'E 20.00 FEET ; THENCE N00°02'48'E 100.00 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING LOTS FROM THE POINTE WEST
SUBDIVISION, PHASE 1 FINAL PLAT; LOTS 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
24, 25, 32, 33, 34, 35, 36.
CONTAINING 45.38 ACRES, MORE OR LESS.
SAID BOUNDARY INCLUDES ALL OF TAX ID'S: B-1884-0010-000, B-1884-0006-0000, B-
1884-0000-0000, AND POINTE WEST SUBDIVISION PHASE 1, LOTS 1-11, 26-31,37-51,
AS ENTRY NO 795632.
B-1
EXHIBIT B
DESIGNATION RESOLUTION
C-1
EXHIBIT C
ASSESSMENT ORDINANCE
WHEN RECORDED, RETURN TO:
Randall M. Larsen
Gilmore & Bell, P.C.
15 West South Temple, Suite 1450
Salt Lake City, Utah 84101
NOTICE OF ASSESSMENT INTEREST
POINTE WEST PUBLIC INFRASTRUCTURE DISTRICT
POINTE WEST ASSESSMENT AREA NO. 1
DATED AS OF JUNE 26, 2024
WHEN RECORDED, RETURN TO:
Randall M. Larsen
Gilmore & Bell, P.C.
15 West South Temple, Suite 1450
Salt Lake City, Utah 84101
POINTE WEST PUBLIC INFRASTRUCTURE DISTRICT
POINTE WEST ASSESSMENT AREA NO. 1
ASSESSMENT ORDINANCE
DATED AS OF June 26, 2024
4887-8354-5495, v. 5
ASSESSMENT ORDINANCE
WHEREAS, the Board of Trustees (the 'Board') of the Pointe West Public Infrastructure
District (the 'District'), adopted Resolution No. 2024-05 on June 26, 2024 (the 'Authorizing
Resolution'), pursuant to which the Board authorized and approved the form of this Assessment
Ordinance and the form of the related designation resolution (the 'Designation Resolution'); and
WHEREAS, the District, pursuant to the Assessment Area Act, Title 11 Chapter 42, Utah
Code Annotated 1953, as amended (the 'Act'), and pursuant to the Authorizing Resolution and
the Designation Resolution, designated the Pointe West Assessment Area No. 1 (the 'Assessment
Area') after having obtained from the fee simple owner(s) of all the property to be assessed within
the Assessment Area (the 'Owners') an executed Acknowledgement, Waiver and Consent
Agreement (the 'Waiver and Consent') attached to the Designation Resolution; and
WHEREAS, the District plans to finance the costs of publicly owned infrastructure,
facilities or systems as part of an approximately 45-acre residential development (the 'Pointe West
Development'). The District plans to levy the assessments to finance the Improvements within
the Pointe West Development. The Board desires to assess and finance the Improvements (plus
related overhead, administration, capitalized interest, reserves, permits, fees, and closing costs)
benefitting the Assessment Area as follows:
-Sewer improvements, including, but not limited to, mains, lift stations, manholes
and manhole linings, sewer cleanouts, and laterals (various sizes).
-Water improvements, including but not limited to, mains, valves, tees/crosses,
bends, thrust bonds, fire hydrants, blow offs and appurtenances (various sizes).
-Roads and roadway improvements including, but not limited to, rights of way,
earthwork, curbs, gutters, sidewalks, street signage, centerline monuments, conduit
crossings, street striping, streetlights and mailboxes.
-Storm drain improvements, including but, but not limited to, storm drain pipes,
catch basins, junction boxes, inlets, culverts, cleanouts, trash racks, rip-rap and geotextile
fabric.
WHEREAS, the Board has (i) determined the total estimated cost of the Improvements,
(ii) received an appraisal (the 'Appraisal') of the property to be assessed (from an appraiser who
is a member of the Appraisal Institute) and addressed to the District verifying that the market value
of the property, after completion of the proposed improvements, is at least three times the amount
of the assessments proposed to be levied against the property to be assessed, and (iii) desires to
assess the properties within the Assessment Area, and has prepared an assessment list of the
assessments to be levied to finance the cost of the Improvements (the 'Assessments'); and
WHEREAS, the Board hereby finds that pursuant to the Act, the Improvements constitute
a publicly owned infrastructure, facility, or system that (i) the District is authorized to provide or
(ii) is necessary or convenient to enable the District to provide a service that the District is
authorized to provide; and
4887-8354-5495, v. 5 2
WHEREAS, the District now desires to confirm the assessment list and to levy said
Assessments in accordance with this Ordinance:
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
POINTE WEST PUBLIC INFRASTRUCTURE DISTRICT:
Section 1. Definitions; Appraisal Requirement. Capitalized terms used herein but not
otherwise defined shall have the meanings ascribed to such terms in the Designation Resolution.
For purposes of this Ordinance:
(a) 'Assessment Bonds' means the assessment bonds anticipated to be issued
by the District for the Assessment Area, which may be issued in one or more series (or any
bonds which refund the same).
(b) 'ATV Ratio' means the Assessment to Value Ratio and shall be the ratio of
(A) the remaining unpaid Assessment on a Subdivision Parcel or Remaining Subdivision
parcel, as applicable, plus any other unpaid assessment liens or property tax liens on such
Subdivision Parcel divided by (B) the Fair Market Value of such Subdivision Parcel.
(c) 'Fair Market Value' shall be determined using either taxable value as
maintained on the tax records of Iron County, Utah (the 'County') (plus the costs of the
Improvements if not accounted for yet in the taxable value) or by appraised value presented
by the owner of the Subdivision Parcel or Remaining Subdivision Parcel, as applicable,
and determined by a certified appraiser acceptable to the District, including the costs of the
Improvements and any other additions or improvements to the extent currently funded at
the time of such appraisal, and meeting any other appraisal requirements of the District
related to the Assessment Bonds.
(d) 'Indenture' means the indenture(s) of trust and pledge under which the
Assessment Bonds are issued.
(e) 'Original ATV Ratio' means the ATV Ratio on a parcel, Subdivision
Parcel, or Remaining Subdivision Parcel, as applicable, at the time of closing of the
Assessment Bonds (as reasonably determined by the District).
(f) Whenever an appraisal is required under this Ordinance, the District and
Title Owners may continue to utilize an appraisal previously delivered in connection with
the Assessment Area so long as (i) such appraisal describes the intended use of the
Subdivision Parcel and such parcel entitled for such intended use and/or density (as
applicable), (ii) the Title Owner certifies in writing that it is not aware of any facts or
circumstances that would cause the relevant values contained in such appraisal to be
materially less than the market value of the Subdivision Parcel, and (iii) the District in its
reasonable judgement has no reason to question such certification.
Section 2. Determination of Estimated Costs of the Improvements and Right of
District to Levy Additional Assessments for Completion. The Board has determined that the
estimated acquisition, construction and installation costs of the Improvements within the
Assessment Area, including estimated overhead costs, administrative costs, costs of funding
4887-8354-5495, v. 5 3
reserves, capitalized interest, and debt issuance costs, is estimated at $10,785,523, of which
$3,090,000 shall be assessed within the Assessment Area. Such amount to be levied is an estimate,
as permitted under Section 11-42-401 of the Act. The Owners anticipate using additional funding
in order to complete the Improvements. If the Assessments and additional funding are not
sufficient in amount to complete the Improvements and pay related costs as described above, the
Owners shall be responsible to pay the remaining amount in order to complete the Improvements.
However, the District does not guaranty such payments from the Owners. Therefore, if for any
reason the Owners do not pay such remaining amount to complete the Improvements, any and all
property owners within the Assessment Area shall be responsible for paying any pro-rata share of
additional costs required to complete the Improvements, including, but not limited to, an additional
assessment on their property without any ability to contest such assessment.
Section 3. Approval of Assessment List; Findings. The Board confirms and adopts the
assessment list for the Assessment Area, a copy of which is attached hereto as Exhibit A and
incorporated herein by reference (the 'Assessment List'). The Board has determined that the
Assessments are levied according to the benefits to be derived by each property within the
Assessment Area and, in any case, the Owners have consented to such methodology as provided
in Section 11-42-409(5) of the Act.
Section 4. Levy of Assessments. The Board does hereby levy a collective initial
Assessment against each and every parcel of property identified in the Assessment List (the
'Collective Assessment'). On the date of this Ordinance all of the property being assessed is
owned by the same Owner (or an affiliate thereof) and the Assessments are initially levied against
all parcels. The Collective Assessment and the currently anticipated amount of Assessments
expected to be levied upon each parcel of property and the number of ERUs (defined herein)
anticipated to be allocated to each parcel of property in the Assessment Area (upon compliance
with the process and coverage described herein) reflects an equitable portion of the benefit each
parcel of property will receive from the Improvements and, in any case, the Owners have consented
to such methodology as provided in Section 11-42-409(5) of the Act.
Section 5. Amount of Total Assessments. The Assessments do not exceed in the
aggregate the sum of: (a) the estimated contract price of the Improvements (plus related capitalized
soft costs); (b) the estimated acquisition price of the Improvements; (c) the reasonable cost of (i)
utility services, maintenance, and operation to the extent permitted by the Act and (ii) labor,
materials, or equipment supplied by the District, if any; (d) the price or estimated price of
purchasing property; (e) overhead costs not to exceed fifteen percent (15%) of the sum of (a), (b),
and (c); (f) an amount for contingencies of not more than ten percent (10%) of the sum of (a) and
(c); (g) estimated interest on interim warrants and bond anticipation notes issued to finance the
Improvements, if any; (h) an amount sufficient to fund a reserve fund; and (i) the capitalized
interest on each assessment bond.
4887-8354-5495, v. 5 4
Section 6. Method and Rate. Each of the benefited properties and all of them
collectively will be assessed within the Assessment Area initially pursuant to an equivalent
residential unit ('ERU') method as follows:
Improvements Assessment Assessment Method Assessment Per ERU
All above-described Improvements $3,090,000 ERU $27,837.84
The currently anticipated number of ERUs and ERUs per unit type is set forth on Exhibit
A hereto. Notwithstanding the levy of the assessments, in order to provide additional security for
the payment of assessments, the District shall require that all assessments of all properties owned
by the same Owner within the Assessment Area (or an affiliate of the same Owner) be aggregated
as a single unified assessment against all properties owned by the same Owner within the
Assessment Area (or an affiliate of the same Owner). As used in this Ordinance, the term
'affiliate' means with respect to any Owner, any person that controls, is controlled by or is under
common control with such Owner, and the term 'control' or 'controlled' means the ownership of
more than twenty percent (20%) of the outstanding voting ownership interests of the Owner in
question or the power to direct the management of the Owner in question (subject to any required
approvals for major decisions by anyone holding equity interests in the owner in question).
Section 7. Payment of Assessments.
(a) The Board hereby determines that the Improvements have a weighted
average useful life of not less than fifty (50) years, and requires that Assessments be prepaid
for all parcels at or before the time a building permit is issued with respect to such parcels.
The aggregate annual Assessment payments shall be in substantially equal amounts,
subject, however, to adjustment as described herein. Interest on the unpaid balance of the
Assessments shall accrue at the same rate or rates as shall be borne by the Assessment
Bonds, plus an annual administration cost incurred by the District, plus any third party
direct out of pocket costs of the District related to the administration and collection of the
Assessments. The District may outsource all or a portion of the administration services,
including legal costs or consulting costs as an additional out of pocket cost, including, but
not limited to, all costs related to foreclosure (and other remedies) and amendments to this
Ordinance.
(b) The District will collect the Assessments by directly billing each property
owner rather than inclusion on a property tax notice. The bill for each Assessment payment
shall be due March 1 and September 1 of each year (approximately 30 days after sending
such bills for such period), which shall be sent on or prior to February 1 and August 1 of
each year, respectively, commencing August 1, 2027, due to capitalized interest. However,
failure to send any such bill by the scheduled date shall not impact the requirement of
property owners to timely pay their Assessments on the due date thereof.
(c) All unpaid installments of an Assessment levied against any parcel of
property may be paid prior to the dates on which they become due, but any such
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 the
Assessment Bonds, plus such additional amount as, in the opinion of the District Chair or
4887-8354-5495, v. 5 5
designee as approved by the District (the 'Chair') (with assistance from the administrator
of the Assessments, if any), is necessary to assure the availability of money to pay interest
on the Assessment Bonds as interest becomes due and payable, plus any premiums required
to redeem the Assessment Bonds on their first available call date pursuant to the Indenture
Notice of Special Accommodations (ADA)
The District complies with the Americans with Disabilities Act by providing accommodations and auxiliary communicative aids and services for all those in need of assistance. Persons requesting these accommodations for public meetings should call Jennifer Gowans at 435-628-3688 at least 24 hours before the meeting.
Notice of Electronic or Telephone Participation
Unless otherwise noted on the posted Agenda, meetings of the Board of Trustees will be held in person. For meetings held via videoconferencing or telephonic communication Trustees and other meeting participants and attendees will be able to participate remotely. Persons requesting video conference or telephonic accommodation for public meetings should call Jennifer Gowans at 435-628-3688 to make arrangements.