058 of 1993 - AN ORDINANCE LEVYING A TAX AND PROVIDING FOR THEORDINANCE NO. 58 OF 1993
AN ORDINANCE LEVYING A TAX AND PROVIDING FOR THE
ASSESSMENT OF PROPERTY IN SALT LAKE CITY, UTAH SPECIAL
LIGHTING DISTRICT NO. 1 (THE "DISTRICT"), FOR A PERIOD OF
THREE (3) YEARS; 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
providing lighting and for the making of the improvements within the
District have been finally determined and the reasonable cost of any work
to be done has been determined.
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 (the "Board"). The Council confirms and adopts
the equalized assessment list 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
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 a tax as
an assessment upon the real property identified in the Assessment List.
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The assessments levied upon each parcel of property therein described
shall be in the amount set forth in the Assessment List as equalized.
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 therefor for a period of three years. It
is hereby determined and established that the property being assessed will
be specifically benefited to the full amount of the tax 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. The
assessments shall be levied annually for a period of three (3) years
according to the contract entered into for the performance of said work
and the providing of lighting benefits. The City Treasurer is hereby
authorized and directed to assess in accordance with the provisions of
this Ordinance for the purpose herein mentioned.
Section 4. Cost of Services Improvements; Amount of Total
Assessments. As determined by the City Transportation Engineer, the total
cost of all services and improvements is $355,923.51. After deducting the
City's portion of $88,981.25, the remainder of $286,942.26 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. The applicable
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rate for each property was determined based on the costs of services and
improvements, together with other related factors, the totals of which are
set out in the preceding Section.
The assessment tax may be paid in total within fifteen (15) days 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 installment(s). One-third of
the total assessment shall be due and payable within fifteen 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 tax, may be prepaid at any time after the Effective Date of this
Ordinance.
Section 6. Default in Payment. The assessment installment shall be
delinquent if it remains unpaid for more than fifteen (15) days 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 declare the unpaid amount to be immediately due and
payable and subject to collection as provided herein. In addition, it may
accelerate payment of the total unpaid balance of the assessment and
declare the whole of the unpaid principal to be immediately due and
payable. Interest shall accrue and be paid on all delinquent amounts and
amounts declared to be 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
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Rate"). In addition to interest charges at the Delinquent Rate, costs of
collection 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.
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 at the
Delinquent Rate plus costs as determined by the City Treasurer. 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 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. 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
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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 7. 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 8. 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
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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 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.
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
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property owners in the District. Said notice shall, among other things,
state the amount of the assessment and the terms of 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. A11 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 12. Repeal of Conflicting Provisions. All ordinances or
parts thereof in conflict with this 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. 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.
PASSED AND APPROVED by the City Council of the City, this 6th day of
July, 1993.
EST:
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City Rec
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The City Treasurer was thereupon authorized to mail to the property
owners in the District notice of special assessment as hereinbefore
provided.
After the transaction of other business not pertinent to the
foregoing matter, the meeting was on motion duly made, seconded and
carried, adjourned.
PRESENTATION TO THE MAYOR
for ... ....` �Qax
Th8kig ordinance was presented to the Mayor for her approval
or disapproval on the 6th day of July, 1993.
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this 6th day of July,
1993.
Deedee Corradini
Mayor
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STATE OF UTAH
. ss.
COUNTY OF SALT LAKE
I, Christine Meeker, the duly appointed, qualified and acting Chief
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, Salt Lake
County, Utah at its meeting held on the 6th day of July, 1993 insofar as
the same relates to or concerns Salt Lake City, Utah Lighting District No.
1 as the same appears of record in my office.
I further certify that the Ordinance levying the special assessments
was recorded by me in the official records of Salt Lake City on the 6th
day of July, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of Salt Lake City this 6th day of July, 1993.
Chief Deputy City
4corder
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STATE OF UTAH
. ss.
COUNTY OF SALT LAKE
AFFIDAVIT OF MAILING
NOTICE OF ASSESSMENT
I, Daniel A. Mule, the duly appointed and qualified City Treasurer
of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the
23rd day of April, 1993, I was the Assistant City Treasurer and there was
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 day of
July, 1993.
A.41. mac. i r / ,tc ,J
City Treasurer
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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 Ordinance levying the special
assessments which was contained in the Ordinance adopted by the City
Council on the 6th day of July, 1993 was published one time in the Deseret
News.
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EXHIBIT "A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Christine Meeker, the undersigned Chief 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 July 6, 1993 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 July 2, 1993, 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 July
2, 1993, at least twenty-four (24) hours prior to the convening of
the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature
this 6th day of July, 1993.
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SCHEDULE "A"
NOTICE OF MEETING
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EXHIBIT "B"
ASSESSMENT LIST
(Available at the office of the City Recorder and
the office of the County Recorder)
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BD29624 (PF)
Salt Lake City, Utah
July 6, 1993
The City Council of Salt Lake City, Salt Lake County, Utah met in
regular session on Tuesday, the 6th day of July, 1993, at its regular
meeting place at 451 South State Street, Salt Lake City, Utah. The
following members of the City Council were present:
Roselyn N. Kirk Chair
Alan G. Hardman Vice Chair
Nancy K. Pace Councilmember
Tom Godfrey Councilmember
Don C. Hale Councilmember
Ronald Whitehead Councilmember
Paul Hutchison Councilmember
Also present:
Deedee Corradini Mayor
Roger F. Cutler City Attorney
Christine Meeker Chief Deputy City Recorder
Absent:
After the meeting had been duly called to order and after other
matters not pertinent to this resolution had been discussed, the Deputy
City Recorder determined compliance as set out in the Certificate of
Compliance With Open Meeting Law with respect to this July 6, 1993
meeting, a copy of which is attached hereto as Exhibit "A".
The City Council has considered the Findings and Recommendation (the
"Recommendation") of the Board of Equalization and Review (the "Board")
for the special improvement district known as Salt Lake City, Utah
Lighting District No. 1 and has reviewed minutes of the hearings of that
Board. The Council noted that no property owners attended the hearing
and, therefore, no Recommendation was mailed. The Council further noted
that no property owner raised objections to the proposed assessments.
In the absence of objections in the hearings held by the Board of
Equalization on May 25, 26, and 27, 1993 and continued until June 14, 1993
the City Council has determined it is in the public interest to proceed
with the levying of assessments. The following assessment ordinance was
then introduced in writing, was fully discussed, and pursuant to motion
duly made by Councilmember Godfrey and seconded by Councilmember Pace,
adopted by the following vote:
YEA:
Roselyn N. Kirk
Alan G. Hardman
Nancy K. Pace
Tom Godfrey
Don C. Hale
Ronald Whitehead
Paul Hutchison
NAY: None
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:
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