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010 of 2011 - Assessment list and levying an annual assessment Lighting district No. 3 (L03) 0 11-1 Q 11-1 ORDINANCE NO. 10 of 2011 An ordinance (the "2011 Assessment Ordinance") approving an assessment list and levying an annual assessment upon property in Salt Lake City, Utah Lighting District No. 3, known as L03 (the "District L03"); establishing the effective date of the 2011 Assessment Ordinance; providing for a procedure to contest an assessment; and related matters. BE IT ORDAINED BY THE CITY COUNCIL (THE "COUNCIL") OF SALT LAKE CITY(THE"CITY"),UTAH,AS FOLLOWS: Section 1. Determination of Costs. The estimated operation and maintenance costs of District L03 to provide for current street lighting within District L03 have been determined. Section 2. Approval of Assessment List; Findings. The Council confirms and approves the District L03 assessment list, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (the "Assessment List"). The Assessment List has been adjusted to comport with the previous year's operating experience for District L03 and it includes estimated operation and maintenance costs for the twelve-month period beginning July 1, 2010, and ending June 30, 2011 (the"O&M Period"). The Council has determined that the Assessment List is just and equitable; that each piece of property to be assessed within District L03 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 the estimated operation and maintenance costs within District L03. Section 3. Levy of Assessments. The Council hereby levies an assessment 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 as adjusted. The assessments hereby levied are for the purpose of paying the estimated operation and maintenance costs to provide street lighting and electrical energy for street lighting within District L03 for the O&M Period. It is hereby determined and established that the property being assessed will be specifically benefited to the full amount of the assessment hereby levied to cover said estimated operation and maintenance costs. All property benefited is within the boundaries of District L03. Unless future modifications revise the purposes and plans of District L03, future assessments will continue to be levied annually for the reasonable useful life of the facilities to be maintained by the assessment levy based upon applicable rates established by the energy contract with the City. Future non-energy costs of operation and maintenance relating to the providing of lighting benefits will also be a factor in determining future rates. The City Treasurer is hereby authorized and directed to notify property owners of this assessment and to collect assessments in accordance with the provisions of this 2011 Assessment Ordinance for the purposes herein provided. DMWEST#8064888 v2 4 2011 Assessment Ordinance Section 4. Operation and Maintenance Costs. As determined by the office of the City Engineer, the total estimated operation and maintenance costs for District L03 for the O&M Period are $229,783.96, of which the City's portion is approximately $57,455.99 The remaining $172,337.97 is to be paid from assessments levied upon property within District L03 as set forth in the Assessment List. Section 5. Method, Rate, and Payment of Assessment. The total assessment for District L03 is levied in accordance with the method set out in the Notice of Intention pertaining to District L03 adopted by the City Council on December 3, 1996. The applicable rate for each property was determined based on the operation and maintenance costs of providing street lighting services and furnishing electrical energy for street lighting purposes,together with other related factors, the totals of which are set out in the preceding Section. Future annual assessments may include adjustments to reflect changes in operation and maintenance costs and any balance or deficits resulting from the previous year's operations. Assessments shall be payable on April 30, 2011 (the "Due Date"). Interest on assessments shall accrue only after passage of the Due Date as set out in the Special Assessment Notice to be mailed by the City Treasurer to property owners. The rate of interest accruing on any delinquent assessment shall be the rate allowed by Utah statute (the "Delinquent Rate"). The whole or any part of the assessment may be paid without interest on or prior to the Due Date. Section 6. Default in Payment. An assessment payment shall be delinquent if it remains unpaid after the Due Date. Any delinquency shall constitute a default in the payment of the assessment. If an assessment payment is not paid when due,the City may file for recording a notice (the "Notice of Delinquency") with the Salt Lake County Recorder. The resulting recording fees for any filing and any release shall be added to the assessment together with accrued interest due and owing. In addition, costs of collection as determined by the City Treasurer or required by law may be charged and shall be paid on all delinquent amounts. If the delinquency continues after the filing of the Notice of Delinquency, the City Treasurer may determine what additional enforcement action may be appropriate. Prior to commencement of such enforcement action, the City shall give an additional notice (the "Notice of Default"), in writing, of the default to the owner of the property in 'default. Notice of Default 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 for the City or on the official ownership records of Salt Lake City. The Notice of Default may provide for a period of thirty (30) days in which the owner shall pay the assessment balance then due and owing together with accrued interest at the Delinquent Rate plus recording costs and other costs as determined by the City Treasurer. The Notice of Default may also declare that after the thirty(30) day period the City may bring suit for the total amount due plus costs of the enforcement action remedy, or the City may elect to commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. In the event the City elects to foreclose using trust deed procedures, a trustee shall be designated by the City to serve as a trust fund DMWEST#8064888 v2 5 2011 Assessment Ordinance trustee for purposes of the enforcement action. 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 election by the City to use or not to use a Notice of Delinquency and a Notice of Default shall have no effect on the perfecting of the lien resulting from a delinquency in the payment of any assessment after publication of this Assessment Ordinance. The remedies provided herein for the collection of assessments and the enforcement 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 the City of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of judgment or, in the case of foreclosure action, the date of the foreclosure sale. Section 7. Remedy of Default. If prior to the final date that payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of the unpaid assessment balance with interest at the Delinquent Rate, plus all approved or required costs, the owner shall then be restored to the right to paying installments in the same manner as if default had not occurred. Section 8. Lien of Assessment. An assessment levied by this 2011 Assessment Ordinance or any unpaid portion of an earlier assessment, any interest accruing, and the costs of recording and collection shall constitute a lien against the property upon which the assessment is levied as of April 15, 2011, the effective date of this 2011 Assessment Ordinance (the "Effective Date"), or for any unpaid portion of an earlier assessment, as of the effective date of any earlier applicable assessment ordinance. Unless the assessment becomes delinquent, no notice of lien may be recorded and no release of lien will be recorded at the time of payment. When a delinquency occurs, a notice of lien setting out the assessment balance due may be incorporated into a Notice of Delinquency that will be recorded. The assessment lien based on this 2011 Assessment Ordinance, or on an earlier assessment ordinance, if the delinquency predates the effective date of this 2011 Assessment Ordinance, 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 with the lien for general property taxes. The lien shall continue until the assessment 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 of a tax deed, an assignment of interest by the governing entity, or a sheriff's certificate of sale or deed. Section 9. 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 of the assessment or proceeding. Any party who has not waived his or her objections to the assessment may commence a civil action against the City to enjoin the levy or collection of the assessment or to set aside and declare unlawful this 2011 Assessment Ordinance. DMWEST#8064888 v2 6 2011 Assessment Ordinance Such action must be commenced and summons must be served on the City not later than thirty (30) days after the Effective Date of this 2011 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 but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the thirty (30) day period provided in this section, the assessments levied in District L03 shall become incontestable as to all persons who have not commenced the action provided for in this section; and no suit to enjoin the levy, collection, or enforcement of the assessments, or in any other manner attacking or questioning the legality of the assessments may be instituted in this state, and no court shall have authority to inquire into these matters. Section 10. Notice to Property Owners. The City Treasurer is hereby authorized and directed to give notice of assessment by mail to the property owners in District L03. Said notice shall, among other things, state the amount of the assessment and the date for payment. A copy of the form of notice of assessment is available for examination upon request at the office of the City Recorder. Section 11. All Necessary Action Approved. The officials of the City are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this 2011 Assessment Ordinance. Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this 2011 Assessment Ordinance are hereby repealed. Section 13. Publication of Ordinance. Immediately after its adoption, this 2011 Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose. This 2011 Assessment Ordinance shall be published once in The Salt Lake Tribune, a newspaper published and having general circulation in the City, and shall take effect immediately upon its Effective Date. Section 14. Notice of Assessment Interest. The City Treasurer is hereby authorized and directed to file a Notice of Assessment Interest with the Salt Lake County Recorder within five (5) days after the Due Date provided in Section 5. Such Notice shall (a) state that the City has an assessment interest in the assessed property, (b) describe the property assessed by legal description and tax identification number, and (c) state the maximum number of years over which the assessment for operation and maintenance activities will be payable (which number may be included in an attached copy of the District L03 Assessment Ordinance). DMWEST#8064888 v2 7 2011 Assessment Ordinance PASSED AND APPROVED by the City Council of the City, this March 22, 2011. (SEAL) i ,, ,;t:�M ,� By: q,66 ti.'.` ,., si y :.k7 Chair ATTEST: 9 By: *P2/ il..,_ .j. • it Dep I'ty Recorder APPROVED AS TO KORN9' Attorneys �� Salt lake C'++�� J Date e— DMWEST#8064888 v2 8 2011 Assessment Ordinance PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on this March , 2011. By: Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this March , 2011. /41 aiph Becker, Mayor • DMWEST#8064888 v2 9 2011 Assessment Ordinance STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I, Beverly Jones, the duly appointed, qualified, and acting Deputy City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true, and correct copy of the record of proceedings had by the City Council of Salt Lake City, Utah, at its meeting held on March 22, 2011, insofar as the same relates to or concerns Salt Lake City,Utah Lighting District L03 as the same appears of record in my office. I further certify that the 2011 Assessment Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on March 22, 2011. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City,Utah this March 22,2011. (SEAL) ;: rt ,^1 : Depu Recorder �Iff f„ , 11 1 a �0 ,„, _ C to =ice`A .i DMWEST#8064888 v2 10 2011 Assessment Ordinance STATE OF UTAH ) CERTIFICATE OF MAILING : ss. NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I, Daniel Mule, the duly appointed, qualified, and acting City Treasurer of Salt Lake City, Utah, do hereby certify that on April 1, 2011, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District L03 by United States Mail,postage prepaid, at the last known address of such owner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Utah this April 1,2011. By: D b4Aa a • f City Treasurer DMWEST#8064888 v2 1 1 2011 Assessment Ordinance PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said 2011 Assessment Ordinance levying the special assessments adopted by the City Council on March 22, 2011, was published one time in The Salt Lake Tribune. DMWEST#8064888 v2 12 2011 Assessment Ordinance EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Beverly Jones, the undersigned 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 52-4-202, 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 March 22, 2011, public meeting held by the City Council as follows: (a) By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the principal office of the City Council at 451 South State Street, Salt Lake City, Utah, on March 18, 2011, 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; (b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to The Salt Lake Tribune on March 18, 2011, at least twenty-four(24)hours prior to the convening of the meeting; and (c) By causing a copy of such Notice to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2011 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 (a)posted on January 5, 2011, at the principal office of the City Council, (b)provided to at least one newspaper of general circulation within Salt Lake City on January 5, 2011, and (c) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this March 22,2011. '��� • `i �; :s; < , By: q - +1 • , n��r , 'i'.elAn�"<r `p '; ;: Recorder M. t+ it !;ci,i Li��-n Dep i ' 4 G: i DMWEST#8064888 v2 A-1 2011 Assessment Ordinance SCHEDULE A NOTICE OF MEETING DMWEST#5064888 v2 A-2 2011 Assessment Ordinance EXHIBIT B ASSESSMENT LIST (Available for review at the offices of the City Recorder and the City Engineer) • DMWEST#B064888 v2 B-1 2011 Assessment Ordinance SCHEDULE 2 NOTICE OF ANNUAL MEETING SCHEDULE DMWEST#8064BB8 v2 B-2 2011 Assessment Ordinance Salt Lake City, Utah March 22, 2011 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, March 22, 2011, 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: Jill Remington-Love Chair Stan Penfold Vice Chair Soren Dahl Simonsen Councilmember JT Martin Councilmember Van Blair Turner Councilmember Luke Garrott Councilmember Carlton Christensen Councilmember Also present: Ralph Becker Mayor Edwin P. Rutan, II City Attorney Beverly Jones Deputy City Recorder Absent: After the meeting had been duly called to order and after other matters not pertinent to this ordinance had been discussed, the Deputy City Recorder presented to the City Council a Certificate of Compliance with Open Meeting Law with respect to this March 22, 2011,meeting, a copy of which is attached hereto as Exhibit A. The Board of Equalization and Review (the "Board of Equalization") for Salt Lake City, Utah Lighting District No. 3 (now known as "District L03") presented to the City Council its report and stated that it had reviewed statements, comments, and complaints with respect to properties in District L03 and considered all facts and arguments as listed in the minutes of the hearings of the Board of Equalization held on November 16, 17, and 18, 2010. The following Findings and Recommendations were then presented to the Council by the Board of Equalization: FINDINGS It is the finding of the Board of Equalization that each parcel of property appearing on the final assessment list provided to the Council (the "Assessment List") will be directly or indirectly benefited by the Improvements (as defined in the Notice of DMWEST#8064888 v2 2011 Assessment Ordinance Intention for District L03 adopted on January 19, 1997) in an amount not less than the assessment to be levied against said parcel. No parcel listed in the Assessment List will bear more than its proportionate share of the costs of such Improvements. The Assessment List is just and equitable and the Improvements constitute a benefit to the properties to be assessed. RECOMMENDATIONS Therefore, the Board of Equalization recommends the adjustments to the proposed Assessment List; and recommends that the Council approve and confirm the Assessment List, as equalized, and adopt an ordinance levying the assessments as set out in the Assessment List. The Board of Equalization on or about November 29, 2010, mailed a copy of the Board's final report to each property owner, if any, who objected to the proposed assessment at the Board of Equalization hearings at the property owner's mailing address. MOTION Motion was then made by Councilmember Garrott and seconded by Councilmember Simonsen that the Council accept the Findings and Recommendation of the Board of Equalization regarding the proposed assessments to be levied within District L03. The motion carried unanimously. DMWEST#8064868 v2 2 2011 Assessment Ordinance The Chair then noted that the Council is now convened in this meeting for the purpose, among other things, of adopting an ordinance levying assessments (the "Ordinance") for District L03. The following Ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember Garrott and seconded by Councilmember Simonsen was adopted by the following vote: AYE: Unanimous NAY: None The Ordinance was then signed by the Chair, presented to and approved by the Mayor, and recorded by the City Recorder in the official records of Salt Lake City, Utah. The Ordinance is as follows: • DMWEST#8064888 v2 3 2011 Assessment Ordinance