005 of 2001 - confirming the assessment roll, as modified based upon the recommendations of the Board of Equalizat o Of - 1
00 - '1
ORDINANCE NO. 5 OF 2001
AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, AS
MODIFIED BASED UPON THE RECOMMENDATIONS OF THE
BOARD OF EQUALIZATION AND REVIEW, AND LEVYING AN
ASSESSMENT AGAINST CERTAIN PROPERTIES IN THE CENTRAL
DOWNTOWN BUSINESS DISTRICT KNOWN AS SALT LAKE CITY,
UTAH CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. DA-
CBID-00 FOR THE PURPOSE OF PAYING THE COSTS OF ECONOMIC
PROMOTION ACTIVITIES, INCLUDING ADMINISTRATIVE
EXPENSES, WITHIN THE DISTRICT; ESTABLISHING THE
EFFECTIVE DATE OF THIS ORDINANCE AND RELATED MATTERS.
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT
LAKE COUNTY, UTAH:
Section 1. Determination of Costs. All costs and expenses for economic
promotion activities to be financed by assessments on property within the Salt Lake City,
Utah Central Business Improvement District NO. DA-CBID-00 (the "District") have been
estimated and included in the District's budget.
Section 2. Approval of Assessment List: Findings. The City Council (the
"Council")of Salt Lake City,Salt Lake County,Utah(the"City")hereby accepts and adopts
the Findings and Recommendation of the Board of Equalization and Review concerning the
Assessment Roll for the District. Since the assessments are based in part upon the
determination by Salt Lake County of 1999 "taxable value", prospective adjustments are
approved as to properties where the original 1999 valuations are the subject of pending
appeals with Salt Lake County by property owners within the District. Any reduction by Salt
Lake County as a result of the appeals will cause a proportionate reduction in the
assessments for those properties. If the appeal results in no reduction or an increase of the
original 1999 taxable value, the assessment should remain constant, even if a credit
adjustment is required to avoid an increase in the total assessment. The Council confirms
and adopts the modified assessment roll for the District, a copy of which is attached hereto
as Exhibit "B" and incorporated herein by reference (the "Assessment List"). The Council
has determined that the Assessment List, as adjusted and equalized by the Board of
Equalization for the District,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 economic promotion activities financed by
the assessments.
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.
UT_DOCS_A 1064831 v 1 3
The assessments hereby levied are for the purpose of paying the costs of promoting
business activity in the central business area of downtown Salt Lake City,including,but not
limited to, advertising, banners, special events and festivals, newsletters and publications,
Christmas lighting and special projects (the "Economic Promotion Activities).
The assessments are hereby levied and assessed upon each of the parcels of real
property described in the Assessment List. The assessments are levied upon the parcels of
land in the District at equal and uniform rates.
Section 4. Basis for Assessments. The amount to be assessed does not exceed
in the aggregate the sum of: (a)the cost of economic development activities to be financed
by the District and (b) no more than thirty percent (30%) of the total assessments for the
following administrative costs paid by the District: salaries, employee benefits, rent, travel
and costs incidental to publications.
Section 5. Method and Rate. The assessments within the District are levied in
accordance with the method set out in the Notice of Intention pertaining to the District and
at the rate recommended by the Board of Equalization and Review.
Section 6. Payment of Assessments. The assessment may be paid in total any
time within thirty (30) days after the effective date of the date of publication of this
Ordinance (the "Effective Date"), or payment may be deferred and paid in three (3) equal
yearly installments,without interest except on any delinquent installments(s). One-third of
the total assessment shall be due and payable within thirty days after the Effective Date of
this Ordinance;one-third in one year after the Effective Date of this Ordinance;and the final
one-third in two years thereafter. One or more of such installments in the order payable, or
the whole assessment,may be prepaid at any time after the Effective Date of this Ordinance.
Section 7. Default in Payment. If a default occurs in the payment of any
installment of principal or interest, when due,the City may accelerate payment of the total
unpaid balance of the assessment and declare the whole of the unpaid principal and interest
then due to be immediately due and payable. Additional interest shall accrue and be paid on
all amounts declared to be delinquent or accelerated and immediately due and payable at the
same rate as is applied to delinquent real property taxes for the year in which the assessment
installment becomes delinquent (the "Delinquent Rate"). In addition to interest charges at
the Delinquent Rate,costs of collection,including attorneys fees and court costs("Collection
Costs"), as determined by the City Treasurer or required by law shall be charged and paid
on all amounts declared to be delinquent or accelerated and immediately due and payable.
In lieu of accelerating the total assessment balance when one or more assessment
installments become delinquent, the City may elect to bring an action to collect the
delinquent portion of the assessment plus interest at the Delinquent Rate and Collection
Costs.
UT_DOCS_A 1064831 v 1 4
Upon any default, the City Treasurer shall give notice, in writing, of the default to
the owner of the property in default, as shown by the last available equalized assessment
rolls. Notice 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 shall provide for a period of thirty
(30) days in which the owner shall pay the installments then due and owing together with
accrued interest plus costs as determined by the City Treasurer. If the City elects to use the
enforcement remedy involving acceleration,the notice shall also declare that after the thirty
(30) day period the City shall accelerate the then unpaid balance of the principal of the
assessment to be immediately due and payable together with Collection Costs and interest
on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate.
Thereafter, the City may commence foreclosure proceedings in the manner provided for
actions to foreclose mortgage liens or trust deeds. If the City elects to utilize the trust deed
enforcement remedy, the City Attorney shall designate a trust deed 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 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 foreclosure sale.
Section 8. Remedy of Default. If prior to the final date 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 all unpaid installments which are
past due and delinquent with interest at the Delinquent Rate,plus all approved or required
costs,the assessment of said owner shall be restored so that the owner will have the right to
make the payments in installments as if the default had not occurred.
Section 9. Lien of Assessment. An assessment or any part or installment of it,
any interest accruing and the penalties and costs of collection shall constitute a lien against
the property upon which the assessment is levied on the effective date of this Ordinance.
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 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
UT_DOCS_A 1064831 v 1 5
or justice of the assessment or proceeding. Any party who has not waived his objections to
same as provided by statute 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 Ordinance.
Such action must be commenced and summons must be served on the City not later
than 30 days after the effective date of this 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.
Section 11. Notice to Property Owners. In addition to the notice provided by
publication of this Ordinance,the City Treasurer is hereby authorized and directed to mail
a notice of assessment to each property owner in the District in the form of Exhibit "C"
hereto (the "Notice of Assessment"). It shall set out the amount of the assessment as well
as the basis for calculating the assessment using the taxable value as determined by Salt Lake
County. The Notice of Assessment in the first and second year of the three-year payment
period shall set out the amount due for the annual installment and the balance of the
assessment so that the property owner may elect either to pay the annual installment or the
total remaining balance. The Notice of Assessment for the third year shall set out the amount
of the third annual installment plus any amounts that are delinquent.
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 Ordinance.
Section 13. Repeal of Conflicting Provisions. All ordinances or parts thereof in
conflict with this Ordinance are hereby repealed.
Section 14. Publication of Ordinance. An emergency is hereby declared, the
preservation of peace,health and safety of the City and the inhabitants thereof so requiring.
Immediately after its adoption, this Ordinance shall be signed by the Mayor and City
Recorder and shall be recorded in the ordinance book kept for that purpose. This 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 1064831 v 1 6
PASSED AND APPROVED by the City Council of Salt Lake City, Utah this 13th
day of February, 2001.
/ ' .----42— ,,)
.)\-,---- _,_ - -._ -L._ -)....L.,,_
• Chair
ATTEST:
68j2""eAPPROVED AS TO FORM
r ` Salt Lake City Attorneys Office
Deputy City ecor�'er Date_ ,
UT_DOCS_A 1064831 v 1 7
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for his approval or disapproval
on the I 42 day of February, 2001.
Chair J
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved tl�*_�y�Elay of February, 2001.
Mayor
UT_DOCS_A 1064831 v 1 8
STATE OF UTAH )
: ss
COUNTY OF SALT LAKE )
I, Beverly Jones, the duly appointed, qualified and acting Deputy City Recorder of
Salt Lake City, Salt Lake County, Utah, do hereby certify as follows:
That the foregoing pages constitute a full,true and correct copy of the record of the
proceedings of the City Council of Salt Lake City, Utah, at its special meeting held on
February 13, 2001,insofar as said proceedings relate to the creation of Salt Lake City,Utah
Central Business Improvement District,No. DA-CBID-00 as the same appears of record in
my office. I personally attended said meeting and the proceedings were in fact held as
specified in said minutes.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of said City as of this 13t''day of February, 2001.
( 112A)eji Is r
*��,���* De uty f ity Recorder
R e
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UT_DOCS_A 1064831 v 1 9
STATE OF UTAH )
: ss. CERTIFICATE OF MAILING
COUNTY OF SALT LAKE ) OF NOTICE OF ASSESSMENT
I, Dan Mule, the duly qualified and acting City Treasurer of Salt Lake City, Salt
Lake County,Utah,do hereby certify that on the al day of February,2001,I caused to be
mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Central
Business Improvement District No. DA-CBID-00 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 13t''day of February, 2001.
040,a4..;,e 2/4f,t.ez
City Treasurer
C
g co
UT DOCS_A 1064831 v 1 10
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the Ordinance levying a special assessment in Salt Lake City, Utah Central
Business Improvement District No. DA-CBID-00 which was adopted by the City Council
on the 13th day of February, 2001, was published one time in the Deseret News.
UT_DOCS_A 1064831 v 1 11
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I,Beverly Jones,the undersigned Deputy City Recorder of Salt Lake City, Salt Lake
County, Utah (the "City"), do hereby certify, according to the records of the City in my
official possession, and upon my own knowledge and belief, that in accordance with the
requirements of Section 52-4-6(2),Utah Code Annotated 1953,as amended, I gave not less
than twenty-four(24)hours public notice of the agenda,date,time and place of the February
13, 2001 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 principal offices at the City and County Building, Salt Lake .
City,Utah on February 9,2001,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 News on February 9, 2001, at least
twenty-four(24)hours prior to the convening of the meeting.
IN WITNESS WHEREOF,I have hereunto subscribed my official signature this 13th
day of February, 2001.
,,_.- -.AP,) De ty ity Recorder
� � i3 1
UT_DOCS_A 1064831 v 1 12
EXHIBIT "B"
ASSESSMENT LIST
UT DOCS A 1064831 v 1 B-1
EXHIBIT "C"
NOTICE OF ASSESSMENT
UT DOCS A 1064831 v 1 C-1
SLC Treasurer ;801+535+6082 # 2/ 3
m_SAN-0A i � ^' 6J1 r,Al aiP,,,1 lam",;;!L4,..1 :I4;'Y (i7,5; CT, y1 Vl t ti uI .
."°','C - ,S U �.
l� k, aiAk0 isA , n I , p, y °I•t '! ,i, G IL 'iR lr i,1,„:13 `r;r..17,9i i'1:01 5:"'Pvral r9 RMI r ��;��177 iRi ' 1'R;; .,1j.1!'i;
6 f� SALT LAKE CITY CORPORATION SA-• -
%v. ..1-\ SPECIAL ASSESSMENT NOTICE 1,41; (u�Y f ' t?%
• �., AND PAYMENT INVOICE rl `E°!!(�,r�t7a'm, �L a fr141
(�114 ': SALT LAKE CITY, UTAH 84111
` -7719 ;;Iz Ft/i+R'/lmv,r ut;;R.;..,:
w . 11a ,, PHONE (801) 535 Extension Number
II'' 18:r1rWii:lu:i.�i�i1i\:1: 11
�'l�"�;jl�`TI \ t'^�'et�t?5.. rat
Account Number t�'J S 1,; '�;.11111 ,i„r.,,li�l;li'yltl1a
��t:r'�'�� , �4i ,;", :ilk
Minimum Due
The assessed property is located at
Property No.
The assessment is levied by a Salt Lake City Ordinance for the amount listed below. The effective
date of the assessment is The assessment period is from to .The assessment
ordinance establishes a lien on the assessed property for the assessed amount including any penalties,
interest and costs. You are not required to pay the entire assessed amount at this time. Please read
the payment options listed on the back of this notice.
THE ASSESSMENT DESCRIPTION AND HOW THE ORIGINAL ASSESSMENT WAS COMPUTED ARE SUMMARIZED BELOW:
IY•,r)1kIyti i111 ;r: 11(,l/t,i(6n',1), 1i�1::�.r��r r t, �.i ilrlt t'}�I•.\ 111.,1Ii`li;�.r1 �1.1.1'1f� \1 4 i.ti.J T ,.f[�Y11;t J�1.6 1�1\ �,..I;1_n .;1I 11 "��ir• )'4'.1':;
I 1 1 11 ) 1 4 {�Il{ri!,tl( I t 1 y {I I I 1 t III I 1!I� 6p ,LT) {if t I rt .. .L, t {i�:t t!;I .!.!1 'r \��� �\ S ,r\\Jy,.,.�
11:'n\lltlFrl !t rr , „ ': t • .1L1, {,.,I-la t\,r,1 tll1l� I 1R , >!( Ian
'i II 17( �.i},{I`111(�I il, �.11 I�Illrel���!�IH II9�\IIIMIN�II I�1(�t;dy,`r! 1 it11'.i,t�,Illy tl , ��Iyly.l,L/d OMf G1 1',!. i.l,,\,J� ,'_�1 � rt.,, f
1
,1�1Cr�I� Ir)l l I I'r I,r rll)111tl!I' I I .rli ,1�} )���. r \��r�\.1 I.��E-tt I.� /� 1 ^I nfnl Yt
Il1i;VCV l:(•.r14,J.t{'.'CY{�l(I �,1i l'f I)( �I L I�•11, 'I.:,r Il1iJ IV� iYJIv.'ij�\J11u��V�l'..lu'�1.a:r t.'LL:u••'ur- '���1Y��a�.JJa�u1LJs��L.I�:It....�`t���1�1 I\..1 I�l\��It.l�{1 1.:.1.r'.1:J4l 1Wi ILL.-,W 1w,.,,i.Il
DOWNTOWN PROMOTION ACTIVITY _�■
THE ASSESSMENT IS BILLED IN THREE ANNUAL INSTALLMENTS OF
Questions specifically concerning the assessed taxable value should be directed to Community and
Economic Development at(801)535-7230.
THE FIRST OF THREE ANNUAL INSTALLMENTS IN THE AMOUNT INDICATED ABOVE SHOULD BE PAID
BETWEEN AND A separate invoice will not be mailed.
DETACH HERE AND RETURN THIS PART WITH YOUR PAYMENT
t<E .
********PLEASE SEE REVERSE SIDE FOR ADDITIONAL INFORMATION ********
....,..,.Piz;
17t': `•> All payments should be made payable to "Salt Lake City Corporation"
� al
SALT LAKE CITY CORPORATION SA- -
SPECIAL ASSESSMENT NOTICE ,
AND PAYMENT INVOICE Extension Number x!f
Account Number
g p � l`'K+I
r1r iNd; 41 t '1i
SLHNET INVESTMENTS LC Minimum Due
Amount Enclosed
n
SLC Treasurer ;801+535+6082 # 3/ 3
THE PROPERTY OWNER HAS THE FOLLOWING TWO PAYMENT OPTIONS:
Option 1: TO PAY THE ENTIRE ASSESSMENT IN FULL
Pay the'TOTAL ASSESSMENT AMOUNT"shown on the reverse side.
Option 2: TO PAY ANNUAL INSTALLMENTS
if paying annual installments,the first of 3 annual installments will become due on
The remaining annual installment payments will be due for the following two years.
Thirty days prior to the installment due date, an invoice will be mailed to the last known mailing
address showing the exact amount due. If any annual installment amount is not paid by the due date,
the unpaid installment and remaining balance will accumulate delinquent interest and/or charges in
accordance with the Salt Lake City Ordinance establishing the assessment and applicable State law.
The annual invoice will include information regarding the low-income deferment program.
For your convenience, the City Treasurer's office will accept VISA, Master Card, American Express or Discover
as a form of payment of this bill. To charge by phone, please call (801) 535-6645.
For an ADA accommodation request, please contact the Special Assessment Coordinator FAX (801) 535-6082,
TDD (801) 535-6021, or Voice (801) 535-7719.
The following is a calculation of your first installment.
1 17 '� '1 I 'ip f 4{ � i d�yyl, 7 1 I
�!j �'{,,�A ,1{7/{, �a�rW 1�� r"4!l �rl ,�,141 �p {�� r�,`�{�i�`�{ {}f�{!1N cl it c�j,�j�i t,� `.i!�.,1 j111
@ pY��A1 iI 1 ��m °� �, e�r�}req d I I (I '��1 l l�i 1 1 ;1 1 I�` 41 y�� �I
1 41lp11 f1.4rf''`5,2 , i ' !`0i,i{,Tt v rFl 4, ,1 ii) -��lit'Olt,*,Yh �'b',$,11(,,i�„(,q,.p� i {,Sl'110?)F�i�
7 ''II J i ! - f l L' J!, y �, 1 1 l.4tu 1{ i`p{L,I 4 y, `f�l
, a d•J�6fw ,„ ,.IP nN ! •M 81o.,l e., 4
If you have questions concerning any information other than the rate and taxable value, please contact the
City Treasurer's Office(801) 535-7719.
CHECKS SHOULD BE MADE PAYABLE TO 'SALT LAKE CITY CORPORATION"
If paying IN PERSON please bring the entire bill to: If paying BY MAIL please mail to:
Salt Lake City Treasurer's Office Salt Lake City Corporation
Special Assessment Division P.O. Box 30881
451 South State Street, Room 225 Salt Lake City, Utah 84130-0881
Salt Lake City, Utah
To ensure proper credit to your account,the BOTTOM portion of the invoice should be detached and returned
with your payment.
LEGAL DESCRIPTION
Salt Lake City, Utah
February 13, 2001
A special meeting of the City Council of Salt Lake City,Salt Lake County,Utah,was
held on Tuesday, February 13, 2001, at the hour of 6:00 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:
Roger Thomspon Chair
David Buhler Vice Chair
Carlton Christensen Councilmember
Keith S Christensen Councilmember
Tom Rogan Councilmember
Van Blair Turner Councilmember
Nancy Saxton Councilmember
Also present:
Rocky Fluhart Chief Administrative Officer
Roger F. Cutler City Attorney
Beverly Jones Deputy City Recorder
Absent:
Ross C. Anderson Mayor
After the meeting had been duly called to order and after other matters not pertinent
to this resolution hadbeen discussed, the City Recorder presented to the City Council a
Certificate of Compliance With Open Meeting Law with respect to this February 13, 2001
meeting, a copy of which is attached hereto as Exhibit "A".
The City Council has considered the Findings and Recommendation of the Board of
Equalization and Review for the special improvement district known as Salt Lake City,Utah
Central Business Improvement District No.DA-CBID-00(the"District")and has reviewed
minutes of the hearings of that Board. The City Council has determined to approve the
UT_DOCS_A 1064831 v 1 1
modified assessment roll as recommended by the Board of Equalization and Review and levy
assessments as set out therein. The City Council has taken note that the assessment rolls
have been prepared and the assessments calculated based on the reduced rate approved by
the City Council in Resolution No. 80 of 2000 in which the rate estimated in the District's
Notice of Intention at .0016 was reduced to .001425 for the three-year period.
The following assessment ordinance was then introduced in writing, was fully
discussed,and pursuant to motion duly made by Councilmember Tom Rogan and seconded
by Councilmember Carlton Christensen, adopted by the following vote:
YEA: Roger Thomspon
David Buhler
Carlton Christensen
Keith S Christensen
Tom Rogan
Van Blair Turner
Nancy Saxton
NAY: None
The ordinance was then signed by the Chairperson,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:
UT DOCS A 1064831 v 1 2