028 of 2003 - assessment for LO1 lighting district • • 0 03-1
Q 03-3
ORDINANCE NO. 28 of 2003
AN ORDINANCE (THE "2003 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST; 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 2003
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 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 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.
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 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 2003 Assessment Ordinance for the purposes herein provided.
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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 the eighth year of the District is $153,140.28, of which
the City's portion is approximately $38,285.07 The remainder of$114,855.21 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 March 5, 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 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 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. The assessment 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 because of failure to pay the amount due,
the City may, but is not required to 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, whether or not there has been a filing of a 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 procedures, a trustee shall be designated by the City to serve as trust deed
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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 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. An owner of property may remedy a default
by paying the full amount of the unpaid assessment balance with interest at the
Delinquent Rate, plus approved or required enforcement costs. The delinquency may be
satisfied and the default remedied anytime prior to the final date payment may legally be
made under a final sale or foreclosure of property to collect the delinquent assessment.
Section 8. Lien of Assessment. An assessment or any part of it, 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, 2003, the effective date of the
2003 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 will be recorded and no release of lien will be recorded at the time of
payment. When a delinquency occurs, the City may, in its discretion, record with the Salt
Lake County Recorder's Office, a Notice of Lien, a Notice of Delinquency and/or a
Notice of Default setting out the assessment balance due. The assessment lien shall be
perfected when the Assessment Ordinance takes effect. If the City elects to record some
form of Notice, it will do so for collection purposes and not because of any requirement
for perfecting of the assessment lien. Said lien 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 the 2003
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 2003 Assessment Ordinance. This action
shall be the exclusive remedy of any aggrieved party. No court shall entertain any
UT_DOCS_A#1131034 v1 5
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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 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 2003 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with the 2003 Assessment Ordinance are hereby repealed.
Section 13. Publication of Ordinance and Effective Date. Immediately after its
adoption, the 2003 Assessment Ordinance may be signed by the Mayor and City
Recorder and shall be recorded in the ordinance book kept for that purpose. The 2003
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.
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Section 14. PASSED AND APPROVED by the City Council of the City, this
June 3, 2003.
i
Chair
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Deputy Cit ec r er
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on June 3 , 2003.
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MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this June 3 , 2003.
Ross C. Anderson, Mayor
UT_DOCS_A#1131034 v1 8
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STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I, Pam Johnson, 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 June 3, 2003, 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 2003 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on June 3, 2003.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this June 3, 2003.
RM�•.,,4 De y Cit Recorder
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UT DOCS A#1131034 v1 9
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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 June 16 , 2003, 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 June 16 , 2003.
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Wit' CITY��R,� City Treasurer
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UT_DOCS_A#1131034 v1 10
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PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2003 Assessment Ordinance levying the special assessments which
was contained in the 2003 Assessment Ordinance adopted by the City Council on June 3,
2003, was published one time in the Deseret News.
UT DOCS A#1131034 v1 11
i S
EXHIBIT "A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Pam Johnson, 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 June 3, 2003, 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 May 30 , 2003, 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 May 30 , 2003, at
least twenty-four (24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
June 3, 2003.
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UT_DOCS_A#1131034 v1 A-1
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SCHEDULE "A"
NOTICE OF MEETING
UT DOCS A#1131034 v1 A-2
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Salt Lake City, Utah
June 3, 2003
The City Council of Salt Lake City, Salt Lake County, Utah met in regular session
at 7:00 p.m. on Tuesday, June 3, 2003, at its regular meeting place at 451 South State
Street, Salt Lake City, Utah. The following members of the City Council were present:
Carlton Christensen Chair
Jill Remington Love Vice Chair
Nancy Saxton Councilmember
Van Blair Turner Councilmember
Eric Jergensen Councilmember
David L. Buhler Councilmember
Dale Lambert Councilmember
Also present:
Ross C. Anderson Mayor
Edwin P. Rutan II City Attorney
Pam Johnson Deputy City Recorder
Absent:
The City Recorder confirmed that appropriate notice of this June 3, 2003, City
Council Meeting had been given as required by law and as evidenced in the Certificate of
Compliance With Open Meeting Law, a copy of which is attached hereto as Exhibit"A".
After the meeting had been duly called to order and after other matters not
pertinent to this ordinance had been discussed, the following proceedings, among others,
were duly had and taken:
It was 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, in 1996, 1997, 1998,
1999, 2000, 2001 and 2002 assessment ordinances were adopted by the City Council.
Subsequent to the 1998 assessment, the District was modified by an addition of an
extension which was previously part of another special improvement district.
Pursuant to the provisions of the proceedings creating the District and the Original
Assessment Ordinance, the following assessment ordinance (the "2003 Assessment
Ordinance") was then introduced in writing, was fully discussed, and pursuant to motion
UT DOCS A#1131034 v1 1
duly made by Councilmember Christensen and seconded by Councilmember Jorgensen,
adopted by the following vote:
YEA: Unanimous
NAY: None
ABSENT: None
The 2003 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 2003 Assessment Ordinance is as follows:
UT_DOCS_A#1131034 v1 2
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SALT' LA3 eJ MITT CORPORATI I
low wawa
OFFICE OF THE CITY COUNCIL
Salt Lake City Council
AGENDA
ADDENDUM
City Council Chambers
City& County Building
451 South State Street,Room 315
Salt Lake City,Utah
Tuesday, June 3, 2003
6:00 p.m.
**Please Note: The Public Hearing,item C-1,will be televised on the City's Cable-TV channel 17.
•
.,
room is open to the public.)
A. WORK SESSION: 5:00 p.m., Room 326, City&County Building,451 South State Street
(Items from the following list that Council is unable to complete in Work Session from 5:00-5:55
p.m.will be addressed in a Work Session setting following the Consent Agenda.)
1. The Council will consider a motion to enter into Executive Session to discuss
pending/reasonably imminent litigation, pursuant to Utah Code Ann. § § 52-4-4 and 54-4-
5(1)(a)(iii), and attorney-client matters that are privileged,pursuant to Utah Code Ann. §78-
24-8. This portion of the meeting will begin at 5:00 p.m.
2. Report of the Executive Director, including review of Council information items and
announcements.
3. (Tentative)The Council will receive a follow-up briefing regarding the Main Street plaza, including
but not limited to closing,vacating, and abandoning a pedestrian access and passage easement
located on the former Main Street right of way between North and South Temple Streets pursuant to
Petition No. 400-03-01, and related matters.
4. The Council will discuss policy direction and other follow-up issues related to the budget.
B. OPENING CEREMONY:
1. Pledge of Allegiance.
2. The Council will approve the minutes of May 13 and May 20, 2003.
451 SOUTH STATE STREET, ROOM 304, SALT LAKE CITY, UTAH 841 1 1
TELEPHONE: 801-535-7600, FAX: 801-535-7651
®RECYCLED PAPER
0 .
Salt Lake City Council Agenda
Tuesday, June 3,2003
C. PUBLIC HEARINGS:
1. Main Street Plaza
Accept public comment and consider adopting ordinances,resolutions and/or motions relating to
the Main Street Plaza issues, including but not limited to an ordinance closing,vacating, and
abandoning a pedestrian access and passage easement located on the former Main Street right of
way between North and South Temple Streets pursuant to Petition No. 400-03-01, and related
matters.
This Public Hearing will be televised on the City's Cable-TV channel 17.
(P 03-13)
Staff Recommendation: Consider options.
D. 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.)
E. NEW BUSINESS:
(None.)
F. UNFINISHED BUSINESS:
1. Motion: District One Neighborhood Olympic Legacy project
Consider adopting a motion expressing the Council's approval of the proposed Neighborhood
Olympic Legacy project for City Council District One.
(G 03-13)
2. Legislative Action: Council Member David Buhler(fences in front yard areas)
Consider adopting a legislative action item requesting the Administration to re-evaluate sections of
the zoning ordinance relating to fences in front yard areas in residential zoning districts.
(G 03-14)
Staff Recommendation: Adopt.
3. Ordinance: parking meters special use conditions and removal of parking meters
Consider adopting an ordinance amending Section 12.56.210, Salt Lake City Code,relating to
parking meters special use conditions and fees; amending Section 12.56.325,relating to loading
zones and restricted parking—special use conditions and fees; and amending Section 14.12.130
relating to removal of parking meters.
(0 02-23 0 02-25)
Staff Recommendation: Consider options.
2
III IIISalt Lake City Council Agenda
Tuesday,June 3,2003
G. CONSENT:
1. Ordinance: Special Lighting District LO1
Consider adopting and ordinance approving the assessment list; levying an annual assessment upon
property in Salt Lake City,Utah Lighting District No. 1, known as LO1; establishing the effective
date of the 2003 assessment ordinance; and related matters.
(Q 03-3)
Staff Recommendation: Adopt.
2. Resolution: authorize the approval of an interlocal cooperation agreement between Salt Lake City
Corporation and Utah Department of Transportation
Consider adopting a resolution authorizing the approval of an interlocal cooperation agreement
between Salt Lake City Corporation and Utah Depai tinent of Transportation for street sweeping
services for the period from July 1, 2003 to June 30, 2007.
(C 03-303)
Staff Recommendation: Adopt.
3. Ordinance: Set date—Budget Amendment No. 13
Set the date of June 10, 2003 at 7:00 p.m. to accept public comment and consider adopting an
ordinance amending Salt Lake City Ordinance No. 32 of 2001 which approved,ratified and finalized
the biennial budget of Salt Lake City,Utah, including the employment staffing document for the
fiscal years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending
June 30, 2003.
(B 03-7)
Staff Recommendation: Set date.
H. ADJOURNMENT:
Dated: May 30, 2003
By: 3A114/3140 CA42-k-
Deputy City Recorder
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
On the 30th of May 2003, I personally delivered a copy of the foregoing notice to the Mayor and City
Council and posted copies of the same in conspicuous view, at the following times and locations within the
City& County Building,451 South State Street, Salt Lake City,Utah:
1. At 5:00 p.m. in the City Recorder's Office, Room 415; and
2. At 5:00 p.m. in the Newsroom, Room 315.
3
Salt Lake City g Council Agenda •
Tuesday,June 3,2003 •
Deputy City Recorder
Subscribed and sworn to before me this 30th day of May 2003.
•
My commiss'ml Fires Notary Public residing in t State Utah
9 �—J 45' .Room 415
. = Approval:
L /lam �.;96
Executive birector
Access agendas at http://www.ci.slc.ut.us/council/agendas/default.htm.A sound system for the hearing impaired is
available and headphones can be obtained for all public meetings upon four hours advance notice. Arrangements can be
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*Final action may be taken and/or adopted concerning any item on this agenda. After 5:00 p.m.,please enter the
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In accordance with State Statute, City Ordinance and Council Policy, one or more Council Members may be connected
via speakerphone.
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EXHIBIT "B"
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder and the City Engineer]
UT_DOCS_A#1131034 v1 B-I