031 of 1998 - AN ORDINANCE (THE "1998 ASSESSMENT ORDINANCE") APPROVING THE ASSESSMENT LIST; LEVYING AN ANNUAL ASSE0 98 I
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ORDINANCE NO. 31 of 1998
AN ORDINANCE (THE "1998 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST; LEVYING AN ANNUAL
ASSESSMENT UPON PROPERTY IN SALT LAKE CITY, UTAH SPECIAL
LIGHTING DISTRICT NO. 1 (THE "DISTRICT"); ESTABLISHING THE
EFFECTIVE DATE OF THE 1998 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 ofAssessmentList; 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 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 ofAssessments. 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 of the assessment tax
hereby levied to cover the cost of operating, maintaining, patrolling and furnishing of electrical
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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 ofthe
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 ofthe 1998 Assessment
Ordinance for the purposes herein provided.
Section 4. Cost of Services Improvements; Amount of Total Assessments. As
determined by the City Transportation Engineer, the total actual and estimated costs of all services
and improvements for the second year ofthe District is $121,3 86.84, of which the City's portion
is approximately $30,346.60. The remainder 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 ofIntention 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.
Assessments shall be payable on the effective date ofthis annual assessment ordinance.
Interest on assessments shall accrue only after passage ofthe 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 ofthe 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.
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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 ofthe 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, ofthe default to the owner ofthe property in default. Notice of Default shall be effective
upon deposit ofthe 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 ofthe 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 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.
UT_DOCS_A 1004484 v 1 5
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. Ifprior to the final date payment may be legally made
under a final sale or foreclosure ofproperty 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 or any part ofit, 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 1998 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, a notice of lien setting out the
assessment balance due shall be incorporated into allotice ofDelinquency which will be recorded.
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 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
UT_DOCS A 1004484 v 1 6
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 ofthe
assessment or to set aside and declare unlawful the 1998 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 1998 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 ofthe 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 ofthe 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 ofthe assessment and the date for payment. A copy
ofthe form of notice of assessment is available for examination upon request at the office ofthe
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 1998 Assessment Ordinance.
Section 12. Repeal ofConflicting Provisions. All ordinances or parts thereofin conflict
with the 1998 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.
UT_DOCS_A 1004484 v 1 7
Immediately after its adoption, the 1998 Assessment Ordinance shall be signed by the Mayor and
City Recorder and shall be recorded in the ordinance book kept for that purpose. The 1998
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.
UT_DOCS_A 1004484 v 1 8
PASSED AND APPROVED by the City Council ofthe City, this 9th day ofJune, 1998.
ATTEST:
e � •
Deputy C 'S corder
)enair
UT_DOCS_A 1004484 v 1
9
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for her approval or disapproval on
the 9th day of June, 1998.
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this 9th day of June,
998.
Deedee Corradini, Mayor
UT_DOCS A 1004484 v 1 10
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 ofproceedings had by the City Council of Salt Lake, Salt Lake
County, Utah at its meeting held on the 9th day of June,1998 insofar as the same relates to or
concerns Salt Lake City, Utah Lighting District No. 1 as the same appears ofrecord in my office.
I further certify that the 1998 Assessment Ordinance levying the special assessments was
recorded by me in the official records of Salt Lake City on the 16th day of June, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal
of Salt Lake City this 9th day of June, 1998.
63WeADA
" �.1y
Deput!Ci Recorder
UT_DOCS_A 1004484 v 1 11
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 15th day of July, 1998, I caused to be
mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District
No. 1 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 15th day of July, 1998.
aoQ. • �`�`�.tc e
City reasurer
UT_DOCS_A 1004484 v 1 12
PROOF OF PUBLICATION
Attached to this page is the ProofofPublication, indicating by the affidavit of the publisher
that the said 1998 Assessment Ordinance levying the special assessments which was contained in
the 1998 Assessment Ordinance adopted by the City Council on the 9th day of June,1998, was
published one time in the Deseret News.
UT_DOCS_A 1004484 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 ofthe agenda, date, time and place ofthe June 9,1998 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 5,
1998, at least twenty-four (24) hours prior to the convening ofthe 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 June 5, 1998, at least twenty-four
(24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 9th day
of June, 1998.
Dept l GI{y Recorder
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SCHEDULE "A"
NOTICE OF MEETING
UT DOCS A 1004484 v 1 15
EXHIBIT "B"
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder and the City Engineer]
UT DOCS A 1004484 v 1 16
Salt Lake City, Utah
June 9, 1998
The City Council (the "City Council") of Salt Lake City, Salt Lake County, Utah met in
regular session on Tuesday, the 9th of June,1998 at its regular meeting place at 451 South State
Street, Salt Lake City, Utah. The following members of the City Council were present:
M. Bryce Jolley Chair
Carlton Christensen Vice Chair
Joanne R. Milner Councilmember
Deeda Seed Councilmember
Roger H. Thompson Councilmember
Keith S Christensen Councilmember
Tom Rogan Councilmember
Also present:
Roger F. Cutler
Beverly Jones
Kay Christensen
Absent:
City Attorney
Deputy City Recorder
Deputy Mayor/Chief of Staff
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 June 9, 1998 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 Salt Lake City, Utah Special Lighting District No. 1 (the "District") 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. After passage of the due date set out in the Notice of Assessment mailed by the
Treasurer to owners of properties being assessed, interest will accrue on any unpaid balance until
paid. On July 2,1996 and on June 19,1997, assessment ordinances were adopted by the District.
UT_DOCS_A 1004484 v 1
Pursuant to the provisions of the proceedings creating the District, the following assessment
ordinance (the "1998 Assessment Ordinance") was then introduced in writing, was fully discussed,
and pursuant to motion duly made by Councilmember Christensen and seconded by
Councilmember Jolley, adopted by the following vote:
YEA: M. Bryce Jolley
Carlton Christensen
Joanne R. Milner
Deeda Seed
Roger H. Thompson
Keith S Christensen
Tom Rogan
NAY: None
The 1998 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 1998 Assessment Ordinance is as follows:
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