016 of 2001 - annual assessment for Lighting District No. 3 (L03) 0 01-1
Q 01-3
ORDINANCE NO. 16 of 2001
AN ORDINANCE (THE "2001 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST; LEVYING AN ANNUAL
ASSESSMENT UPON PROPERTY IN SALT LAKE CITY, UTAH
LIGHTING DISTRICT NO. 3,NOW KNOWN AS L03 (THE "DISTRICT
L03"); ESTABLISHING THE EFFECTIVE DATE OF THE 2001
ASSESSMENT ORDINANCE; AND RELATED MATTERS.
BE IT ORDAINED BY THE CITY COUNCIL (THE "COUNCIL") OF SALT
LAKE CITY (THE "CITY"), SALT LAKE COUNTY, UTAH:
Section 1. Determination of Costs. All costs and expenses for providing street
lighting within the District and the reasonable cost of any work to be done have been
determined.
Section 2. Approval of Assessment List; Findings. The Council confirms and
adopts 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 experience for the District and it includes
estimated operation and maintenance expenses for the coming year. The Council has
determined that the Assessment List is just and equitable;that each piece of property to be
assessed within the District will be benefitted 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 or services.
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 costs of providing
for the operation,maintenance and patrolling of incandescent,fluorescent,metal halide and
sodium vapor lamps and the furnishing of electrical energy. It is hereby determined and
established that the property being assessed will be specifically benefitted to the full amount
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of the assessment hereby levied to cover the cost of operating, maintaining, patrolling and
furnishing of electrical energy. The property benefitted is all within the boundaries of the
lots, blocks and streets as set forth in the Assessment List. Unless future modifications
revise the purposes and plans of the District, future assessments will continue to be levied
annually 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 the 2001 Assessment Ordinance for the purposes herein
provided.
Section 4. Cost of Services Improvements: Amount of Total Assessments. As
determined by the office of the City Engineer, the total actual and estimated costs of all
services and improvements for this fiscal year of the District is $195,264.57, of which the
City's portion is approximately $48,816.14. The remainder of$146,448.43 is to be paid
from proceeds of assessments levied upon property within the District as set forth in the
Assessment List.
Section 5. Method,Rate and Payment of Assessment. The total assessment for
the District is levied in accordance with the method set out in the Notice of Intention
pertaining to the District as adopted by the City Council on December 3, 1996. The
applicable rate for each property was determined based on the costs of street lighting
services, together with other related factors,the totals of which are set out in the preceding
Section.
Assessments shall be payable on the effective date of this annual assessment
ordinance. Interest on assessments shall accrue only after passage of the due date(the "Due
Date") set out in the Special Assessment Notice to be mailed by the Treasurer to property
owners. The rate of interest accruing on any delinquent assessment shall be the rate allowed
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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. Future annual assessments may include
adjustments to reflect changes in operation and maintenance costs and any balances or
deficits resulting from the previous year's operations.
Section 6. Default in Payment. The assessment installment shall be delinquent
if it remains unpaid after the Due Date. Any delinquency shall constitute a default of the
payment of the assessment. If a default occurs in the payment of any installment 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 both the filing and the 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 shall be charged and paid
on all delinquent amounts.
If the delinquency continues after the filing of the Notice of Delinquency, the City
Treasurer may determine that 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 the 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
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City elects to foreclose using trust deed procedures,a trustee shall be designated by the City
to serve as trust deed trustee for purposes of the enforcement proceedings. 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 ofthe applicable 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 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 will have the
right to make payment in full and receive a release of the assessment lien.
Section 8. Lien of Assessment. An assessment levied by the 2001 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 the Effective Date of the 2001 Assessment Ordinance,or 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
UT DOCS A 1066711 v 1 6
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 which will be
recorded. The assessment lien based on the 2001 Assessment Ordinance, or on an earlier
assessment ordinance,if the delinquency predates the effective date of the 2001 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 sheriffs 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 the 2001 Assessment
Ordinance.
Such action must be commenced and summons must be served on the City not later
than 30 days after the effective date of the 2001 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 30-day period provided in this section, the assessments
levied in the District 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
UT DOGS A 1066711 v 1 7
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 the District. 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 the 2001 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof in
conflict with the 2001 Assessment Ordinance are hereby repealed.
Section 13. Publication of Ordinances. An emergency is hereby declared, the
preservation of peace,health and safety of the City and the inhabitants thereof so requiring.
Immediately after its adoption,the 2001 Assessment Ordinance shall be signed by the Mayor
and City Recorder and shall be recorded in the ordinance book kept for that purpose. The
2001 Assessment Ordinance shall be published once in the Deseret News, a newspaper
published and having general circulation in the City,and shall take effect immediately upon
its passage and approval and publication as required by law.
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PASSED AND APPROVED by the City Council of the City,this 20th day of March,
2001.
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UT DOCS A 1066711 v 1 9
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or disapproval
on the 20th day of March, 2001.
Chair I
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this3X day of March, 2001.
oss C. Anderson, Mayor
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STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I, Beverly Jones, the duly appointed, qualified and acting Deputy City Recorder of
Salt Lake City, Salt Lake County,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, Salt Lake County,Utah at its meeting held on the 20th day of March,2001 insofar as
the same relates to or concerns Salt Lake City,Utah Lighting District No. L03 as the same
appears of record in my office.
I further certify that the 2001 Assessment Ordinance levying the special assessments
was recorded by me in the official records of Salt Lake City on the 20 day of March,2001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this 20th day of March, 2001.
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Deput i f Recorder
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UT DOCS_A 1066711 v 1 11
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, Salt Lake County, Utah, do hereby certify that on the 10 day of MPRG(1 , 2001, I
caused to be mailed a Notice of Assessment to each property owner in Salt Lake City,Utah
Lighting District No. 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, Salt Lake County,Utah this 1): day of r1Al2.6\ , 2001.
GOA,tmicQ . D
City reasurer
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UT_DOCS_A 1066711 v 1 12
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2001 Assessment Ordinance levying the special assessments which
was contained in the 2001 Assessment Ordinance adopted by the City Council on the 20th
day of March, 2001, was published one time in the Deseret News.
UT_DOCS A 1066711 v 1 13
EXHIBIT "A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I,Beverly Jones,the undersigned Deputy City Recorder of Salt Lake City,Salt Lake
County, 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 52-4-6(2), 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 20, 2001 public meeting held by the City as follows:
(a) By causing a Notice,in the form attached hereto as Schedule "A",to
be posted at the City's offices at 451 South State Street, Salt Lake City, Utah on
March 16, 2001, 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; and
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule "A", to be delivered to the Deseret News on March 16, 2001, at least
twenty-four(24)hours prior to the convening of the meeting.
IN WITNESS WHEREOF,I have hereunto subscribed my official signature this 20th
day of March, 2001.
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UT DOCS_A 1066711 v 1 14
SCHEDULE "A"
NOTICE OF MEETING
UT DOCS A 1066711 v 1 15
EXHIBIT "B"
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder and the City Engineer]
UT DOCS A 1066711 v 1 16
Salt Lake City, Utah
March 20, 2001
The City Council of Salt Lake City, Salt Lake County, Utah met in regular session
on Tuesday,the 20th of March,2001 at its regular meeting place at 451 South State Street,
Salt Lake City, Utah. The following members of the City Council were present:
Roger Thomspon Chair
David Buhler Vice Chair
Carlton Christensen Councilmember
Keith S Christensen Councilmember
Tom Rogan Councilmember
Van Blair Turner Councilmember
Nancy Saxton Councilmember
Also present:
Ross C. Anderson Mayor
Roger F. Cutler 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 resolution had been discussed, the City Recorder presented to the City Council a
Certificate of Compliance With Open Meeting Law with respect to this March 20, 2001
meeting, a copy of which is attached hereto as Exhibit "A".
Thereupon the following proceedings, among others,were duly had and taken:
It was noted that Salt Lake City, Utah Lighting District No. 3, now known as L03
(the "District L03") was duly created, pursuant to notice and public hearing, on January 7,
1997. The District was created with notice to all property owners within the District that
assessments are to be paid annually when assessed. Thereafter, in 1997 the City Council
adopted an assessment ordinance (the "Original Assessment Ordinance"). In 1998 an
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assessment ordinance was adopted after which the District was modified by an addition of
an extension which was previously part of another special improvement district. In 1999 and
in 2000 the City Council adopted an assessment ordinance which was applicable to the
District as modified.
Pursuant to the procedures established in the proceedings creating the District and the
Original Assessment Ordinance,the following assessment ordinance(the"2001 Assessment
Ordinance")was then introduced in writing,was fully discussed,and pursuant to motion duly
made by Councilmember Carlton Christensen and seconded by Councilmember Van
Blair Turner, adopted by the following vote:
YEA: Roger Thomspon
David Buhler
Carlton Christensen
Keith S Christensen
Tom Rogan
Van Blair Turner
Nancy Saxton
NAY: None
The 2001 Assessment 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 2001 Assessment Ordinance is as follows:
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