026 of 2013 - Assessment list and levying an annual assessment upon property in Salt Lake City, Utah, Lighting Dis 0 13-1
Q 13-6
ORDINANCE NO. 26 of 2013
An ordinance (the "2013 Assessment Ordinance") approving an
assessment list and levying an annual assessment upon property in Salt
Lake City, Utah Lighting District No. 1 known as I,01 (the "District
L01"); establishing the effective date of the 2013 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 (TIIE "CITY"), UTAII, AS FOLLOWS:
Section 1. Determination of Costs. The estimated operation and maintenance
costs of District LO1 to provide for current street lighting within District LO1 have been
determined.
Section 2. Approval of Assessment List; Findings. The Council confirms and
approves the District L01 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 LO1
and it includes estimated operation and maintenance costs for the twelve-month period
beginning July 1, 2013, and ending June 30, 2014 (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 LO1 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 L01.
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 LO1 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 L01. Unless future modifications
revise the purposes and plans of District L01, 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 2013 Assessment Ordinance for the
purposes herein provided.
DMWEST#9753918 v2 3 2013 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 LO1
for the O&M Period are $112,304, of which the City's portion is approximately $28,076.
The remaining $84,228 is to be paid from assessments levied upon property within
District LO1 as set forth in the Assessment List.
Section 5. Method, Rate, and Payment of Assessment. The total assessment
for District LO1 is levied in accordance with the method set out in the Notice of Intention
pertaining to District I,O1 adopted by the City Council on April 15, 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 July 30, 2013 (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#9753918 v2 4 2013 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 pay installments in the same manner as if default had not
occurred.
Section 8. Lien of Assessment. An assessment levied by this 2013
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 July 15, 2013, the effective date of
this 2013 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 2013 Assessment
Ordinance, or on an earlier assessment ordinance, if the delinquency predates the
effective date of this 2013 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 2013
Assessment Ordinance.
DMWEST#9753918 v2 5 2013 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 2013 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 LO1 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 LO1. 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 2013 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this 2013 Assessment Ordinance are hereby repealed.
Section 13. Publication of Ordinance. Immediately after its adoption, this
2013 Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be
recorded in the ordinance book kept for that purpose. This 2013 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 LO1 Assessment Ordinance).
DMWEST#9753918 v2 6 2013 Assessment Ordinance
PASSED AND APPROVED by the City Council oft e City,this June 4,2013.
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BY
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City Recorder
APPROVED AS TO FORM
Salt Lake City Attorney's Office
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DMWEST#9753918 v2 7 2013 Assessment Ordinance
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on this June 2S, 2013.
By:
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this June.? , 2013.
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Ra ph d (A \j<
ecker, Mayor
DMWEST#9753918 v2 8 2013 Assessment Ordinance
STATE OF UTAH )
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COUNTY OF SALT LAKE )
I, Cindi Mansell, the duly appointed, qualified, and acting 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 June 4, 2013, insofar as the same relates to or concerns Salt Lake City,
Utah Lighting District LO1 as the same appears of record in my office.
I further certify that the 2013 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on June 4, 2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City, Utah this June 4, 2013.
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STATE OF UTAH ) CERTIFICATE OF MAILING
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COUNTY OF SALT LAKE )
I, Marina Scott, the duly appointed, qualified, and acting City Treasurer of Salt
Lake City, Utah, do hereby certify that on July 1, 2013, I caused to be mailed a Notice of
Assessment to each property owner in Salt Lake City, Utah Lighting District 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, Utah this July 1, 2013.
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DMWEST#9753918 v2 10 2013 Assessment Ordinance
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2013 Assessment Ordinance levying the special assessments
adopted by the City Council on June 4, 2013, was published one time in The Salt Lake
Tribune.
DMWEST#9753918 v2 11 2013 Assessment Ordinance
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Cindi Mansell, 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 June 4, 2013,
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 May 31, 2013, 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 May 31, 2013, 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 2013 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 November 20, 2012, at the principal office of the City Council, (b)
provided to at least one newspaper of general circulation within Salt Lake City on
December 31, 2012, 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
June 4, 2013.
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DMWEST#9753918 v2 A-1 2013 Assessment Ordinance
SCHEDULE I
NOTICE OF MEETING
DMWEST#9753918 v2 A-2 2013 Assessment Ordinance
AGENDA
CITY COUNCIL of SALT LAKE CITY
and
LOCAL BUILDING AUTHORITY of SALT LAKE CITY,UTAH MEETING AGENDA
Tuesday, June 4,2013
2:00 p.m. Work Session
(The public is invited to listen to the discussion.)
7:oo p.m.Formal Meeting
(Public comment section is included)
Items listed below may be moved and discussed in a different portion of the Agenda based on
circumstance and availability of speakers.
Note:Utah law requires the Salt Lake City Council to act as several other boards to help govern the City.During this meeting,the
Council will adjourn temporarily,and then convene as the Local Building Authority Board.
Council Meeting Rules, Parliamentary Order and Procedure
A. WORK SESSION: 2:00 p.m.in Room 326,City&County Building,451 South State St.
Approximate
Start Time
1. Partnership Discussion—Community Development ~2:00 p.m.
The Council will receive a briefing from Robert Rendon,Senior Vice
President and Community Development Director for Zion's Bank regarding
the Community Reinvestment Act.This is one in a series of briefings from
partnership organizations that will be scheduled in 2o13 by the City
Council.
2. Budget Items for Fiscal Year 2013-2014
The Council will receive a briefing and discuss items related to the Mayor's
recommended budget for Fiscal Year 2013-2014.
a. Attorney's Office
Relating to the Attorney's Office.
b. Budget 2013-14 Unresolved Issues
Continuing a discussion with Council Staff regarding unresolved
issues relating to the recommended budget.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET,ROOM 304 www.slccouncil.com/agendas/default.htm O
P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-760o FAX 801-535-7651
KYLE LAMALFA I DISTRICT 2 I COUNCIL CHAIR I I JILL REMINGTON LOVE I DISTRICT 5 I COUNCIL VICE CHAIR I I
CARLTON CHRISTENSEN I DISTRICT 1 I I STAN PENFOLD I DISTRICT 3 I I LUKE GARROTT I DISTRICT 4 I I
CHARLIE LUKE I DISTRICT 6 I I SOREN SIMONSEN I DISTRICT 7
Salt Lake City Council Agenda
Tuesday,June 4, 2o13
c. Legislative Intents and Interim Study Items
The Council will review a report from the Administration regarding
Legislative Intents and Interim Study Items adopted as part of the
FY 2013 budget process.
3. Budget Amendment No.4 for Fiscal Year 2012-2013
The Council will receive a briefing regarding Budget Amendment No. 4 for
Fiscal Year 2012-2013. Budget amendments happen several times each
year to reflect adjustments to the City's budgets.This proposed budget
amendment includes adjustments totaling$6,176,231.24,relating to
general obligation bonds,the Public Utilities water budget,and the
Streetcar budget among other items.
(Di)
4.Parley's Trail Phase IV—The Draw and Parley's Trail through
Hidden Hollow Park Interlocal Agreements with Salt Lake
County.
The Council will receive a briefing regarding two resolutions related to
construction of a section of the Parley's Trail.The project includes
construction of approximately 2,05o ft. of trail and an underpass tunnel
under i3oo East Street from Hidden Hollow Park to Sugar House Park.
The agreements provide City—County coordination,the County's use of
City right of way and park property,funding,construction and
maintenance of the project elements.The County will be responsible for all
construction and maintenance,excluding landscaping improvements in
Hidden Hollow Park.
• An interlocal cooperation agreement between Salt Lake City and Salt
Lake County relating to the design and construction of Parley's Trail
Phase IV—The Draw.
• An interlocal cooperation agreement between Salt Lake City and Salt
Lake County relating to construction of Parley's Trail though Hidden
Hollow Park and ongoing maintenance of the project elements.
(Gi)
5. Open Space Acquisition: Jordan River Parkway and Parley's
Trail
The Council will receive a briefing regarding a proposal from the
Administration to acquire three properties using$184,30o in Open Space
Bond Funds.The parcels include:
• two properties adjacent to Jordan Park on Montague Avenue(961
and 962 West and 940 South).The properties would be used to
serve the Poplar Grove Park and Glendale Park communities by
providing greater access to the Jordan River parkway and Jordan
Park
• one property at 2205 South and 90o East adjacent to Parley's Trail.
The property,located along the Sugar House Streetcar stop,would
allow the trail width to remain 12 feet and not be constricted by the
streetcar station
2
Salt Lake City Council Agenda
Tuesday,June 4, 2013
6. Zoning Amendment-1321 South 50o East,Michael Lobb
The Council will receive a briefing regarding a proposal to amend the CN-
Neighborhood Commercial zoning of property located at 1321 South 500
East to remove covenants,conditions and restrictions(CCRs)linked to
zoning of the property.This would allow the applicant to demolish the
existing building and construct a mixed use residential/office building.
Although the applicant has requested amending the CN-Neighborhood
Commercial zoning to remove the CCRs,consideration may be given to
rezoning the property to another zoning district with similar
characteristics.Petitioner: Michael Lobb; Petition No. PLNPCM2o12-
00588.
(D2)
7. Bonds for Regional Sports Complex
The Council will receive a briefing regarding the issuance and the sale of
$15,300,00o aggregate principal amount of general obligation bonds of the
City to finance all or a portion of a multipurpose regional sports,recreation
and education complex and related roads,parking and improvements;
authorizing the execution and delivery of certain related documents;
delegating authority to certain officials and officers of the City to approve
the final terms and provisions of such bonds and providing for related
matters.
8. Interview: Salt Lake City Treasurer Time Certain
6:0o p.m.
The Council will interview Marina Scott prior to consideration of her
appointment as the Salt Lake City Treasurer.
(H2)
9. Report of the Executive Director
Report of the Executive Director,including a review of Council
information items and announcements.The Council may give feedback or
staff direction on any item related to City Council business.
10. Report of the Chair and Vice Chair
Report of the Chair and Vice Chair.
11. TENTATIVE-Closed Session
The Council will consider a motion to enter into Closed Session.A closed meeting
described under Section c2-4-204 may only be held for:
a)discussion of the character,professional competence,or physical or
mental health of an individual;
b)strategy sessions to discuss collective bargaining;
c)strategy sessions to discuss pending or reasonably imminent litigation;
d)strategy sessions to discuss the purchase,exchange,or lease of real
property,including any form of a water right or water shares,if public
discussion of the transaction would:(i)disclose the appraisal or estimated
value of the property under consideration;or(ii)prevent the public body
from completing the transaction on the best possible terms;
e)strategy sessions to discuss the sale of real property,including any form
of a water right or water shares,if:(i)public discussion of the transaction
would:(A)disclose the appraisal or estimated value of the property under
consideration; or(B)prevent the public body from completing the
transaction on the best possible terms;(ii)the public body previously gave
public notice that the property would be offered for sale;and(iii)the terms
3
Salt Lake City Council Agenda
Tuesday,June 4, 2013
of the sale are publicly disclosed before the public body approves the sale;
f)discussion regarding deployment of security personnel,devices,or
systems;
g)investigative proceedings regarding allegations of criminal misconduct.
FORMAL MEETING
B. OPENING CEREMONY:
7:0o p.m. in Room 315, City&County Building, 451 South State St.
Council Member Soren Simonsen will conduct the Formal Council Meetings during the month
of June.
1. Pledge of Allegiance.
2. The Council will approve the meeting minutes of Tuesday,May 7th Formal Meeting,Tuesday,
May 14th Work Session and Tuesday May 21st Formal Meeting.
C. PUBLIC HEARINGS:
1. City Budget Items for Fiscal Year 2013-2014
Continue to accept public comment regarding an ordinance adopting the final budget and
related ordinances,including the budget for the Library Fund,setting the property tax rate for
Salt Lake City and Library;the Consolidated Fee Schedule; and the employment staffing
document for Salt Lake City,Utah for Fiscal Year 2013-2014.
Note: This public hearing will address all ordinances associated with the
implementation of the City's 2013-2014 Budget, including the Library Fund items
Cia-Cir.
(B 13-i)
a. Ordinance:Adopt the City Budget,Excluding the Budget for the Library Fund which
is Separately Adopted,and the Employment Staffing Document for Fiscal Year 2013-
2014
An ordinance adopting the City budget,excluding the budget for the Library Fund
which is separately adopted,and the employment staffing document of Salt Lake City
for Fiscal Year 2013-2014.
(B 13-i)
b. Ordinance:Adopt the Library Fund of Salt Lake City,Utah
An ordinance adopting the budget for the Library Fund for Fiscal Year 2013-2o14.
(B 13-2)
c. Ordinance:Adopt the Rate of Tax Levy to be Credited to the Library Fund
An ordinance adopting the rate of tax levy to be credited to the Library Fund for
Fiscal Year 2013-2014.
(B 13-2)
d. Ordinance:Adopt the Rate of Tax Levy,including the Levy for the Library Fund
Upon all Real and Personal Property within Salt Lake City,Made Taxable by Law for
Fiscal Year 2013-2014
4
Salt Lake City Council Agenda
Tuesday,June 4,2013
An ordinance adopting the rate of tax levy,including the levy for the Library Fund,
upon all real and personal property within Salt Lake City,made taxable by law for
Fiscal Year 2013-2014.
(B-13-1)
e. Ordinance:Approving the Compensation Plan for all Non-Represented Employees
An ordinance approving the compensation plan for all non-represented employees of
Salt Lake City.
(0 13-11)
f. Ordinance:Approving a Memorandum of Understanding(MOU)between Salt Lake
City Corporation and the American Federation of State,County,and Municipal
Employees Local 1004,Representing Eligible Employees,Pursuant to the Collective
Bargaining and Employee Representation Joint Resolution Dated March 22, 2011
An ordinance approving a Memorandum of Understanding(MOU)between Salt Lake
City Corporation and the American Federation of State,County,and Municipal
Employees Local 1004,representing eligible employees,pursuant to the Collective
Bargaining and Employee Representation Joint Resolution dated March 22, 2011,
which shall become effective on ratification and signature.
(0 13-12)
g. Ordinance:Appropriating Necessary Funds to Implement,for Fiscal Year 2013-2014,
the Provisions of the Memorandum of Understanding(MOU)between Salt Lake City
Corporation and American Federation of State,County,and Municipal Employees
Local 1004, Representing Eligible Employees Pursuant to the Collective Bargaining
and Employee Representation Joint Resolution Dated March 22, 2011
An ordinance appropriating necessary funds to implement,for Fiscal Year 2013-
2014,the provisions of the Memorandum of Understanding(MOU)dated effective
June 23, 2013,between Salt Lake City Corporation and the American Federation of
State, County, and Municipal Employees Local 1004,representing eligible
employees,pursuant to the Collective Bargaining and Employee Representation Joint
Resolution dated March 22, 2011.
(0 13-12)
h. Ordinance:Appropriating Necessary Funds to Implement for Fiscal Year 2013-2014,
the Provisions of the Memorandum of Understanding(MOU)between Salt Lake City
Corporation and the International Union of Police Associations Local 75,
Representing Police Officers in the Salt Lake City Police Department
An ordinance appropriating necessary funds to implement,for Fiscal Year 2013-
2014,the provisions of the Memorandum of Understanding(MOU)between Salt
Lake City Corporation and the International Union of Police Associations Local 75,
representing Police Officers in the Salt Lake City Police Department,dated on or
about June 20, 2012.
(0 12-14)
i. Ordinance:Appropriating Necessary Funds to Implement,for Fiscal Year 201:1-2014,
the Provisions of the Memorandum of Understanding(MOU)between Salt Lake City
Corporation and the International Association of Firefighters Local 1645,
Representing Firefighters and Fire Captains in the Salt Lake City Fire Department
An ordinance appropriating necessary funds to implement,for Fiscal Year 2013-
2014,the provisions of the Memorandum of Understanding between Salt Lake City
Corporation and the International Association of Firefighters Local 1645,
representing Firefighters and Fire Captains in the Salt Lake City Fire Department,
dated on or about June 20, 2012.
5
Salt Lake City Council Agenda
Tuesday,June 4, 2013
(0 12-15)
j. Ordinance:Amending the Salt Lake City Consolidated Fee Schedule to Modify
Various Fees
An ordinance amending the Salt Lake City Consolidated Fee Schedule to modify
various fees included therein.
(0 11-9)
k. Ordinance: Providing for Imposition of a Fee to Offset Attorney's Fees Incurred in
Small Claims Matters
An ordinance enacting Section 2.75.040,Salt Lake City Code,to provide for the
imposition of a fee to offset attorneys fees incurred by the City in small claims
proceedings.
(0 13-14)
1. Ordinance: Providing for Imposition of Credit Card Surcharges on Financial
Transactions Involving the Use of a Credit Card
An ordinance enacting Section 3.16.03o,Salt Lake City Code,to provide for a
surcharge on financial transactions involving the use of a credit card.
(0 13-16)
m. Ordinance: Providing for a Fee to Offset City Costs Incurred in the Collection Process
An ordinance providing for an administrative fee intended to offset City costs
incurred in collection of past due debts.
(013-13)
n. Ordinance: Providing for a Periodic Adjustment to the Salt Lake City Consolidated
Fee Schedule and Other City Charges
An ordinance enacting Section 3.02.030,Salt Lake City Code,to provide for an
annual adjustment to the Salt Lake City Consolidated Fee Schedule in accordance
with the Consumer Price Index.
(0 11-9)
o. Ordinance: Providing for the Late Payment Penalties and Interest on Past Due
Indebtedness
An ordinance enacting Section 3.16.040,Salt Lake City Code,to provide for late
payment penalties and interest on indebtedness to the City that is more than 3o days
past due.
(013-15)
p. Ordinance: Enacting a Parking Exemption for Official Vehicles
An ordinance enacting Section 12.56.590,Salt Lake City Code, relating to a parking
exemption for certain official vehicles.
(013-17)
q. Ordinance:Amending Picnic Facility Reservation Fees
An ordinance amending Section 15.16.o2o,Salt Lake City Code,relating to picnic
facility reservation fees.
(013-18)
r. Ordinance:Amending Procedures and Fees Relating to Vehicles with Outstanding
Parking Tickets;Towing,Impound,Storage, and Booting Fees; and Hearings
Concerning Impoundment
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Salt Lake City Council Agenda
Tuesday,June 4, 2013
An ordinance amending Section 12.96.020,Salt Lake City Code,relating to vehicles
with outstanding parking tickets; Section 12.96.025,Salt Lake City Code,relating to
towing,impound,storage,and booting fees; and Section 12.96.090,Salt Lake City
Code,relating to hearings concerning impoundment.
(0 io-14)
Staff Recommendation: Close and consider options.
BUDGET RELATED ORDINANCES
RELATED CITY COUNCIL STAFF REPORTS
D. POTENTIAL ACTION ITEMS
1. Ordinance: Budget Amendment No.4 for Fiscal Year 2012-2013
Consider adopting an ordinance amending Ordinance No. 60 of 2012,which adopted the final
budget for fiscal year 2012-2013 and Ordinance No. 58 of 2012,which adopted the final budget
for the Library. Budget amendments happen several times each year to reflect adjustments to
the City's budgets.This proposed budget amendment includes adjustments totaling
$6,176231.24 relating to general obligation bonds,the Public Utilities water budget,and the
Streetcar budget among other items.
(B 13-7)
Staff Recommendation: Consider options.
2. Ordinance: Michael Lobb 1321 South Soo East Zone Amendment
Consider adopting an ordinance that would amend the CN-Neighborhood Commercial zoning of
property located at 1321 South 50o East to remove covenants,conditions and restrictions
(CCRs)linked to zoning of the property.This would allow the applicant to demolish the existing
building and construct a mixed use residential/office building.Although the applicant has
requested amending the CN-Neighborhood Commercial zoning to remove the CCRs,
consideration may be given to rezoning the property to another zoning district with similar
characteristics.Petitioner: Michael Lobb; Petition No. PLNPCM2o12-00588.
(P 13-5)
Staff Recommendation: Consider options.
E. COMMENTS:
1. Questions to the Mayor from the City Council.
2. Comments to the City Council. (Comments are taken on any item not scheduled for a public
hearing, as well as on any other City business. Comments are limited to two minutes.)
F. NEW BUSINESS:
(None)
G. UNFINISHED BUSINESS:
1. Resolutions: Parley's Trail Phase IV—The Draw and Parley's Trail through Hidden Hollow Park
Interlocal Agreements with Salt Lake County.
Consider adopting two resolutions related to Parley's Trail:
• An interlocal cooperation agreement between Salt Lake City and Salt Lake County
relating to the design and construction of Parley's Trail Phase IV—The Draw.
(C 13-goo)
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Salt Lake City Council Agenda
Tuesday,June 4, 2013
• An interlocal cooperation agreement between Salt Lake City and Salt Lake County
relating to construction of Parley's Trail though Hidden Hollow Park and ongoing
maintenance of the project elements.
(C 13-301)
Staff Recommendation: Adopt.
2. Resolution: Authorizing the Issuance and the Sale of Tax and Revenue Anticipation Notes,
Series 2013
Consider adopting a resolution authorizing the issuance and sale of not more than $21,000,000
Tax and Revenue Anticipation Notes,Series 2013;delegating authority to certain officials and
officers of the City to approve the final terms and provisions of such notes; and providing for
related matters.
(Q 13-7)
Staff Recommendation: Adopt.
3. Resolution:Approving the Issuance and Sale of up to $io,000,000 Lease Revenue Bonds of the
Local Building Authority of Salt Lake City
Consider adopting a resolution approving the issuance and the sale of up to $io,000,000
aggregate principal amount of lease revenue bonds of the Local Building Authority of Salt Lake
City,Utah; authorizing the execution and delivery of certain related documents and providing
for related matters.
(Q 13-4)
Staff Recommendation: Adopt.
4. Local Building Authority of Salt Lake City, Utah
The City Council will consider a motion to recess as the City Council and to convene as the
Board of Directors of the Local Building Authority.
a. Minutes
The Board of Directors of the Local Building Authority will approve the meeting
minutes of Tuesday,May 21, 2013.
(M 13-10)
Staff Recommendation: Approve.
b. Resolution: Local Building Authority—Authorizing the Issuance and Sale of Lease
Revenue Bonds to finance a new library
Consider adopting a bond resolution authorizing the issuance and sale of lease
revenue bonds of the Local Building Authority of Salt Lake City, Utah,in the
aggregate principal amount specified in the resolution,for the purpose of financing a
portion of the cost of acquiring,constructing and improving a new library,
authorizing the execution and delivery of certain related documents and providing
for related matters.
(Q 13-4)
Staff Recommendation: Adopt.
The Board of Directors will consider a motion to adjourn as the Board of Directors of the Local
Building Authority and reconvene as the City Council.
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Salt Lake City Council Agenda
Tuesday,June 4, 2013
H. CONSENT:
1. Ordinance:Annual Assessment for Lighting District No. 1 (Loi)
Consider adopting an ordinance approving an assessment list and levying an annual assessment
upon property in Salt Lake City,Utah,Lighting District No. 1 known as Loi; establishing the
effective date of the 2013 Assessment Ordinance; providing for a procedure to contest an
assessment and related matters.The revenue generated by the levy will be used to pay the
residents'share of operating,maintenance and electrical energy costs of the lighting district.
The City pays 25% of the annual expenses for the district($28,076.33),while residents pay the
remaining 75% (84,229).This is an annual process.
(Q 13-6)
Staff Recommendation: Adopt.
2. City Treasurer, Marina Scott
Consider approving the appointment of Marina Scott to the position of Salt Lake City Treasurer.
(I 13-16)
Staff Recommendation: Approve.
3. Board Appointment: John McCarthy,City&County Building Conservancy and Use Committee
Consider approving the appointment of John McCarthy to the City&County Building
Conservancy and Use Committee for a term extending through July 24th, 2017.
(I 13-9)
Staff Recommendation: Approve.
I. ADJOURNMENT:
CERTIFICATE OF POSTING
On or before 5:3o p.m. on May 31, 2013,the undersigned,duly appointed City Recorder,does hereby
certify that the above notice and agenda was(1)posted on the Utah Public Notice Website created
under Utah Code Section 63F-1-7o1,and(2)a copy of the foregoing provided to The Salt Lake
Tribune and/or the Deseret News and to a local media correspondent and any others who have
indicated interest.
CINDI L. MANSELL,MMC/CRM
SALT LAKE CITY RECORDER
Final action maybe taken in relation to any topic listed on the agenda,including but
not limited to adoption,rejection, amendment, addition of conditions and variations
of options discussed.
Access agendas and supporting documentation to agenda items at
http://council.slcgov.com/agendas/default.htm
*Open City Hall is an online discussion forum for topics on which the City is seeking the Public's
input.Items that are listed as Open City Hall topics may be found at:
http://www.slcgov.com/opencityhallf.
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Salt Lake City Council Agenda
Tuesday,June 4, 2013
In accordance with State Statute,City Ordinance and Council Policy,one or more Council Members
may be connected via speakerphone.After 5:oo p.m.,please enter the City&County Building
through the main east entrance.
Notice of Special Accommodations in Compliance with the Americans with Disabilities Act:
• Please make requests for reasonable accommodation at least three working days prior to
Council meetings by calling the City Council Office at 8o1-535-7600.
• The City and County Building is an accessible facility with an entrance located on the street
level just south of the east stairs.
10
SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
DMWEST#9753918 v2 A-3 2013 Assessment Ordinance
SALT LAKE CITY CORPORATION
NOTICE OF 2013 ANNUAL MEETING
SCHEDULE OF THE CITY COUNCIL OF
SALT LAKE CITY, UTAH
Public Notice is hereby given that the 2013 Annual Meeting Schedule of the
City Council of Salt Lake City, Utah, shall be as follows :
COUNCIL BRIEFINGS/WORK SESSIONS are held at 2 : 00 p.m. in the Salt Lake
City Council Committee Room, City and County Building, 451 South State
Street, Room 326, Salt Lake City, Utah, before each Formal Council Meeting
and on the second Tuesday of each month, with the following exceptions :
1 . March, July and June, when a Work Session will be held on the third
Tuesday of the month rather than on the second Tuesday,
2 . May, when additional Work Sessions are tentatively scheduled for
the fourth and fifth Tuesdays (as needed for budget) ,
3 . June, when two additional Work Sessions are tentatively scheduled
for the first and second Thursdays (as needed for budget) .
Work Sessions may be continued following a Formal Council meeting.
FORMAL COUNCIL MEETINGS are held at 7 : 00 p.m. in the Salt Lake City
Council Chambers, City and County Building, 451 South State Street, Room
315, Salt Lake City, Utah, on the first and third Tuesdays of each month,
with the following exceptions :
1 . March, April and October, when meetings will be held on the first
and fourth Tuesdays of the month,
2 . June and December, when meetings will be held on the first and
second Tuesdays of the month,
3 . July, when meetings will be held on the third and fifth Tuesdays of
the month,
4 . August, when meetings will be held on the second and third Tuesdays
of the month,
5 . November, when meetings will be held on the second and third
Tuesdays and one meeting is tentatively scheduled for the fourth
Tuesday.
*Additional Council Briefings/Work Sessions and Formal Council Meetings
may also be held on other Tuesdays . If so, notice will be provided at
least 24 hours in advance of the meeting as required by State law. All
meetings of the City Council are open to the public unless closed pursuant
to Sections 52-4-204 , 52-4-205, 52-4-206 and 78B-1-137, Utah Code
Annotated. A written agenda of each open meeting will be posted at the
Salt Lake City Council Chambers, City and County Building, 451 South State
Street, Room 315, Salt Lake City, Utah, 24 hours in advance of such
meeting and can be found at http: //council . slcgov. com/agendas/default .htm
In accordance with State statue, City ordinance and Council policy, one or
more Council Members may be connected via speakerphone . Meetings in
addition to those specified herein may be held or canceled by the City
Council as circumstances may require, subject to applicable public notice
requirements . A sound system for the hearing impaired is available and can
be obtained for all public meetings . Please call 48 hours in advance of a
meeting for this service . Assistive listening devices are available on
Channel I . The City will also make arrangements for sign language
interpreters . Please allow 72 hours advance notice for this service. TDD
number 801-535-6021 .
Cindi L. Mansell
City Recorder
Posted: November 20, 2012
Publish: December 31, 2012
9001367929
Sent to NAC 11-20-12
EXHIBIT B
ASSESSMENT LIST
(Available for review at the offices of the
City Recorder or City Engineer)
DMWEST#9753918 v2 B-I 2013 Assessment Ordinance
Salt Lake City, Utah
June 4, 2013
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, June 4, 2013, 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:
Kyle LaMalfa Chair
Jill Remington-Love Vice-Chair
Soren Dahl Simonsen Councilmember
Charlie Luke Councilmember
Carlton Christensen Councilmember
Luke Garrott Councilmember
Stan Penfold Councilmember
Also present:
Ralph Becker Mayor
Edwin P. Rutan, II City Attorney
Cindi Mansell 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 City Recorder presented to the City
Council a Certificate of Compliance with Open Meeting Law with respect to this June 4,
2013, meeting, a copy of which is attached hereto as Exhibit A.
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 Salt Lake City, Utah Lighting District No. 1 (now known as "District
L01"). The Chair noted that a board of equalization and review had held hearings with
respect to the assessments to be levied pursuant to the Ordinance on August 3, 4 and 5,
2010, and pursuant to Section 11-42-401(7), the Council is authorized to levy
assessments for District LO1 to pay the operation and maintenance costs of District L01.
The following Ordinance was then introduced in writing, was fully discussed, and
pursuant to motion duly made by Councilmember Garrett and seconded by
Councilmember Penfold, was adopted by the following vote:
AYE: Unanimous
NAY: None
DMWEST#9753918 v2 2013 Assessment Ordinance
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#9753918 v2 2 2013 Assessment Ordinance