021 of 2005 - L01 annual street lighting assessment. 0 05-1
Q 05-7
ORDINANCE NO. 21 of 2005
AN ORDINANCE (THE "2005 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST, AND LEVYING AN
ANNUAL ASSESSMENT UPON PROPERTY IN SALT LAKE CITY,
UTAH LIGHTING DISTRICT NO. 1, KNOWN AS LO1 (THE
"DISTRICT L01"); ESTABLISHING THE EFFECTIVE DATE OF THE
2005 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"), 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 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 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 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 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 benefited
to the full amount of the assessment hereby levied to cover the cost of operating,
maintaining, patrolling and furnishing of electrical energy. The property benefited is all
within the boundaries of the District. 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 2005 Assessment Ordinance for the purposes herein provided.
UT DOCS A#1174895 v1 3
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 $123,436 of which the
City's portion is approximately $30,859. The remainder of$92,577.00 is to be paid from
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 the 15th day of March, 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. 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.
Assessments shall be payable on the 30th day of July, 2005 (the "Due Date").
Interest on assessments shall accrue only after passage of 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 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 City elects to foreclose using trust deed
UT DOCS A#1174895 v1 4
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 of the 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 the 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 2005
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 15th day of July, 2005, the
effective date of the 2005 Assessment Ordinance (the "Effective Date"), 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 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 2005 Assessment Ordinance, or on a
earlier assessment ordinance, if the delinquency predates the effective date of the 2005
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. Appeal of Assessment. An owner of property assessed within the
District may, within fifteen (15) days from the Effective Date, file a written appeal with
the City Engineer contesting the equity or justice of his/her assessment. Upon receipt of
a written appeal, the City shall convene a Board of Equalization and Review to consider
the appeal and, where appropriate, make adjustments to said assessment, provided
UT_DOCS_A#1174895 v1 5
however, that no adjustment may be made which would result in an increase in said
assessment. The City shall report to the property owner the determination of the Board of
Equalization and Review within five (5) days after its recommendation is made. If an
adjustment is recommended, the City Treasurer shall note said adjustment on the
Assessment List attached hereto. If no adjustment is made, the property owner may take
such additional legal action as provided in Section 10.
Section 10. 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 2005
Assessment Ordinance.
Such action must be commenced and summons must be served on the City not
later than 30 days after the Due Date of the 2005 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 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 11. 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 12. 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 2005 Assessment Ordinance.
Section 13. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with the 2005 Assessment Ordinance are hereby repealed.
Section 14. Publication of Ordinance and Effective Date. Immediately after its
adoption, the 2005 Assessment Ordinance shall be signed by the Mayor and City
Recorder and shall be recorded in the ordinance book kept for that purpose. The 2005
Assessment Ordinance shall be published once in the Deseret Morning News, a
newspaper published and having general circulation in the City and shall take effect
immediately upon its Effective Date.
UT DOCS A#1174895 v1 6
PASSED AND APPROVED by the City Council of the City, this 7th day of June,
2005.
(SEAL) (k'
V
Chair
ATTEST:
929 "
4t.
u 4 City Recorder
UT_DOCS_A#1174895 v1 7
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on the g day of J UN1E, , 2005.
‘. ;1
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this�44day o c/A-2005.
Ross C. Anderson, Mayor
UT_DOCS_A#1174895 v1 8
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 7th day of June, 2005,
insofar as the same relates to or concerns Salt Lake City, Utah Lighting District No. LO1
as the same appears of record in my office.
I further certify that the 2005 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on the 7th day
of June, 2005.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this 7th day of June, 2005.
( £'AL)
411
De ty ity Recorder
UT_DOCS_A#1174895 v1 9
STATE OF UTAH ) AFFIDAVIT 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 30 day of June, 2005,
I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City,
Utah Lighting District No. LO1 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 ij day of June, 2005.
•
OQ444 a .
City Treasurer
UT_DOCS_A#1174895 v1 10
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2005 Assessment Ordinance levying the special assessments which
was contained in the 2005 Assessment Ordinance adopted by the City Council on the 7th
day of June, 2005, was published one time in the Deseret Morning News.
UT DOCS A#1174895 v1 11
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 7th day of June, 2005, 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
June 3, 2005, 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 Morning News on June 3 2005, at least
twenty-four(24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
7th day of June, 2005.
•
ft,
alita)41Je y City Recorder
UT_DOCS_A#1174895 v1 A-1
SCHEDULE A
NOTICE OF MEETING
UT_DOCS_A#1174895 v1 A-2
EXHIBIT B
ASSESSMENT LIST
(Available for review at the offices of the
City Recorder and the City Engineer)
UT_DOCS_A#1174895 v1 B-1
Salt Lake City, Utah
June 7, 2005
A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah,
was held on Tuesday, the 7th day of June, 2005 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 roll call the following members who constituted a quorum:
Nancy Saxton Vice Chair
K. Eric Jergensen Councilmember
Carlton Christensen Councilmember
Van Blair Turner Councilmember
David L. Buhler Councilmember
Jill Remington Love Councilmember
Also present:
Ross C. Anderson Mayor
Edwin Rutan City Attorney
Beverly Jones Deputy City Recorder
Absent:
Dale Lambert Chair
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
7th day of June, 2005 meeting, a copy of which is attached hereto as Exhibit A.
Thereupon the following proceedings, among others, were duly had and taken:
It was that noted Salt Lake City, Utah Lighting District No. 1, now known as LO1
(the "District L01") was duly created, pursuant to notice and public hearing, on April 16,
1996. The District was created with notice to all property owners within the District that
assessments are to be paid annually when assessed. Thereafter, the City Council adopted
an assessment ordinance (the "Original Assessment Ordinance") and additional
assessment ordinances in 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004.
The 1998 assessment ordinance modified the District by adding an extension to the
District which was previously part of another special improvement district.
Pursuant to the procedures established in the proceedings creating the District and
the Original Assessment Ordinance, the following assessment ordinance (the "2005
Assessment Ordinance") was then introduced in writing, was fully discussed, and
UT_DOCS_A#1174895 v1 1
pursuant to motion duly made by Councilmember Jergensen and seconded by
Councilmember Christensen, adopted by the following vote:
AYE: Unanimous
NAY: None
The 2005 Assessment Ordinance was then signed by the Chair, presented to and
approved by the Mayor and recorded by the Deputy City Recorder in the official records
of Salt Lake City, Utah. The 2005 Assessment Ordinance is as follows:
UT_DOCS_A#1174895 v1 2