004 of 2009 - approving the assessment list & levying an annual assessment on Lighting District No. 3 (L03). ' 0 09-1
Q 09-2
ORDINANCE NO. 4 of 2009
AN ORDINANCE (THE "2009 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST AND LEVYING AN
ANNUAL ASSESSMENT UPON PROPERTY IN SALT LAKE CITY,
UTAH LIGHTING DISTRICT NO. 3, NOW KNOWN AS L03 (THE
"DISTRICT L03"); ESTABLISHING THE EFFECTIVE DATE OF THE
2009 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"), UTAH:
Section 1. Determination of Costs. All costs and expenses for providing
street lighting within District L03 and the reasonable cost of any work to be done have
been determined, and the City Engineer has determined that the reasonable useful life of
the street lighting facilities to be maintained by the assessment to be levied herein is not
less than fifteen(15) years.
Section 2. Approval of Assessment List; Findings. The Council confirms and
adopts the District L03 assessment list, a copy of which is attached hereto as Exhibit B
and incorporated herein by reference (the "Assessment List"). The Assessment List has
been adjusted to comport with the previous year's experience for District L03 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 District L03 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 provide street lighting
services, including the cost of operating, maintaining, and furnishing of electrical energy.
The property benefited is all within the boundaries of District L03. Unless future
modifications revise the purposes and plans of District L03, 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
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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 2009
Assessment Ordinance for the purposes herein provided.
Section 4. Cost of Services and 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 fiscal year 2009 of District L03 are
$203,022.52, of which the City's portion is approximately $50,755.63. The remainder of
$152,266.89 is to be paid from assessments levied upon property within District L03 as
set forth in the Assessment List.
Section 5. Method, Rate, and Payment of Assessment. The total assessment
for District L03 is levied in accordance with the method set out in the Notice of Intention
pertaining to District L03 as adopted by the City Council on December 3, 1996. The
applicable rate for each property was determined based on the costs of street lighting
services, together with other related factors, the totals of which are set out in the
preceding Section.
Assessments shall be payable on April 30, 2009 (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. 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 in 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
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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 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 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 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 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 this 2009
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 April 15, 2009, the effective date of
this 2009 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 2009 Assessment
Ordinance, or on an earlier assessment ordinance, if the delinquency predates the
effective date of this 2009 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
District L03 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. The City
Engineer's office will first attempt to resolve the appeal, but if the appeal can only be
DMWEST#6756665 v2 5
resolved by an adjustment in the amount to be assessed against the property owner, the
City shall convene a Board of Equalization and Review to consider the appeal and, where
appropriate, make adjustments to said assessment, provided however, that no adjustment
may be made that 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 this 2009
Assessment Ordinance.
Such action must be commenced and summons must be served on the City not
later than thirty (30) days after the Due Date of this 2009 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 L03 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
District L03. 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 this 2009 Assessment Ordinance.
Section 13. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this 2009 Assessment Ordinance are hereby repealed.
Section 14. Publication of Ordinance. Immediately after its adoption, this
2009 Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be
recorded in the ordinance book kept for that purpose. This 2009 Assessment Ordinance
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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 Effective Date.
Section 15. Notice of Assessment Interest. The 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 (1) state
that the City has an assessment interest in the assessment property, (2) describe the
property assessed by legal description and tax identification number, and (3) 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 L03 Assessment Ordinance).
DMWEST#6756665 v2 7
PASSED AND APPROVED by the City Council of the City, this March 3, 2009.
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on this March c, , 2009.
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MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this March G , 2009.
Ralph Becker, Mayor
DMWEST#6756665 v2 9
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I, Chris Meeker, 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 March 3, 2009, insofar as the same relates to or concerns Salt Lake City,
Utah Lighting District No. L03 as the same appears of record in my office.
I further certify that the 2009 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on March 3,
2009.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this March 3, 2009.
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STATE OF UTAH ) CERTIFICATE OF MAILING
: ss. NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
I, Daniel Mule, the duly appointed, qualified, and acting City Treasurer of Salt
Lake City, Utah, do hereby certify that on March 3 J , 2009, I caused to be mailed a
Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District
No. L03 by United States Mail,postage prepaid, at the last known address of such owner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City, Utah this March I , 2009.
By: 4JA a • mc
City Treasurer
DMWEST#6756665 v2 11
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2009 Assessment Ordinance levying the special assessments
adopted by the City Council on March 3, 2009, was published one time in the Deseret
News.
DMWEST#6756665 v2 12
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Chris Meeker, 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 March 3, 2009,
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 City's offices at 451 South State Street, Salt Lake City, Utah, on
the February 27, 2009, 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 Deseret News on February 27, 2009, 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 2009 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 January 1, 2009, at the principal office of the City Council, (b) provided
to at least one newspaper of general circulation within Salt Lake City on January 1, 2009,
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
March 3, 2009.
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SCHEDULE A
NOTICE OF MEETING
DMWEST#6756665 v2 A-2
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EXHIBIT B
ASSESSMENT LIST
(Available for review at the offices of the
City Recorder and the City Engineer)
DMWEST#6756665 v2 B-1
SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
DMWEST#6756665 v2 B-2
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Salt Lake City, Utah
March 3, 2009
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, March 3, 2009, 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:
Carlton Christensen Chair
J.T. Martin Vice Chair
Soren Dahl Simonsen Councilmember
K. Eric Jergensen Councilmember
Luke Garrott Councilmember
Van Blair Turner Councilmember
Jill Remington-Love Councilmember
Also present:
Ralph Becker Mayor
Edwin P. Rutan, II City Attorney
Chris Meeker 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 March
3, 2009, meeting, a copy of which is attached hereto as Exhibit A.
Thereupon the following proceedings, among others, were duly had and taken:
It was noted that Salt Lake City, Utah Lighting District No. 3, now known as L03
("District L03") was duly created pursuant to notice and public hearing on January 7,
1997. District L03 was created with notice to all property owners within District L03 that
assessments were to be paid annually when assessed. Thereafter, in 1997 the City
Council adopted an assessment ordinance (the "Original Assessment Ordinance"), after
which District L03 was modified by an addition of an extension which was previously
part of another special improvement district. In 1999 through 2008, the City Council
adopted assessment ordinances levying assessments with respect to District L03.
DMWEST#6756665 v2 1
Pursuant to the procedures established in the proceedings creating District L03
and the Original Assessment Ordinance, the following assessment ordinance (the "2009
Assessment Ordinance") was then introduced in writing, was fully discussed, and
pursuant to motion duly made by Councilmember Christensen and seconded by
Councilmember Simonsen was adopted by the following vote:
AYE: Unanimous
NAY: None
The 2009 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 2009 Assessment Ordinance is as follows:
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