063 of 2005 - Special Lighting District L02 0 05-1
Q 05-10
ORDINANCE NO. 63 of 2005
AN ORDINANCE (THE "2005 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST AND LEVYING AN
ANNUAL ASSESSMENT UPON PROPERTY IN SALT LAKE CITY,
UTAH LIGHTING DISTRICT NO. 2, NOW KNOWN AS L02 (THE
"DISTRICT L02"); ESTABLISHING THE EFFECTIVE DATE OF THE
2005 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"), 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 District L02 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 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 cover the cost of operating,
maintaining, patrolling and furnishing electrical energy. The properties benefited are
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
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property owners of this assessment and to collect assessments in accordance with the
provisions of this 2005 Assessment Ordinance for the purposes herein provided.
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 this fiscal year of the District is $163,000, of which the
City's portion is approximately $40,750. The remainder of$122,250 is to be paid from
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 August 8, 1995. 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 December 15, 2005 (the "Due Date"). Interest
on assessments shall accrue only after passage of 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. 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 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 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
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
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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.
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 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 the 2005
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 December 1, 2005, the effective date
of the 2005 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 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 which will be recorded. The
assessment lien based on the 2005 Assessment Ordinance, or on an earlier assessment
ordinance, if the delinquency predates the effective date of the 2005 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 the
District 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. Upon receipt of
a written appeal, the City shall convene a Board of Equalization and Review to consider
the appeal and, where appropriate, make adjustments to said assessment, provided
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however, that no adjustment may be made which 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 the 2005
Assessment Ordinance.
Such action must be commenced and summons must be served on the City not
later than 30 days after the Due Date of the 2005 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 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 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 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 Deputy 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 the 2005 Assessment Ordinance.
Section 13. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with the 2005 Assessment Ordinance are hereby repealed.
Section 14. 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, the 2005 Assessment Ordinance shall be
signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept
for that purpose. The 2005 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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PASSED AND APPROVED by the City Council of the City, this 18th day of
October, 2005.
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0°°° Chair
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ATTEST:
aitaiv1/4.%)
By:
Deputy City Record
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval this ' 0 1tay o' 2005.
By:
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this 1C121 day of
/00 d6,14/7L.,.2005.
By:
Ross C. Anderson, ayor
I I (
DMWEST#6214875 v1 8
•
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I, Chris Meeker, 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 the 18th day of October, 2005,
insofar as the same relates to or concerns Salt Lake City, Utah Lighting District No. L02
as the same appears of record in my office.
I further certify that the 2005 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on the 18th day
of October,2005.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this the 18th day of October, 2005.
(SEAL_
sty Deputy Cit Recor er
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DMWEST#6214875 v1 9
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, Salt Lake County, Utah, do hereby certify that on the Pea day of
, 2005, I caused to be mailed a Notice of Assessment to each property
owner in Salt Lake City, Utah Lighting District No. L02 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 16 °` day of r,vr+-Ca".. ,
2005.
By: patAtA4,e- a . Thhi.4,1
\\ � City Treasurer
DMWEST#6214875 v1 10
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2005 Assessment Ordinance levying the special assessments which
was contained in the 2005 Assessment Ordinance adopted by the City Council on the
18th day of October, 2005, was published one time in the Deseret Morning News.
DMWEST#6214875 v1 11
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Chris Meeker, 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 453, as amended, I gave not
less than twenty-four (24) hours public notice of the agenda, date, time and place of the
18th day of October, 2005,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
the day of October, 2005, 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 the day of
October, 2005, at least twenty-four (24) hours prior to the convening of the
meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
the 18th day of October, 2005.
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DMWEST#6214875 v1 A-1
SCHEDULE A
NOTICE OF MEETING
DMWEST#6214875 v1 A-2
EXHIBIT B
ASSESSMENT LIST
(Available for review at the offices of the
City Recorder and the City Engineer)
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Salt Lake City, Utah
October 18, 2005
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, the 18th day of October, 2005, 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 roll call the following members who constituted a quorum:
Dale Lambert Chair
Nancy Saxton Vice Chair
K. Eric Jergensen Councilmember
Carlton Christensen Councilmember
Van Blair Turner Councilmember
David L. Buhler Councilmember
Jill Remington Love Councilmember
Also present:
Ross C. Anderson Mayor
Ed Rutan City Attorney
Chris Meeker 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 presented to the
City Council a Certificate of Compliance With Open Meeting Law with respect to this
the 18th day of October, 2005, 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. 2 (the "District")
was duly created, pursuant to notice and public hearing, on October 10, 1995. The
District was created with notice to all property owners within the District that
assessments are to be paid annually when assessed and after passage of the due date set
out in the Notice of Assessment, interest will accrue on any unpaid balance until paid.
On November 21, 1995, Ordinance No. 80 of 1995 (the "Original Assessment
Ordinance") was adopted by the City Council. Each year an assessment ordinance has
been adopted to cover actual and estimated costs of the District for a twelve month
period.
Pursuant to the procedures established in the proceedings creating the District and
the Original Assessment Ordinance, the following assessment ordinance (the "2005
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Assessment Ordinance") was then introduced in writing, was fully discussed, and
pursuant to motion duly made by Councilmember Turner and seconded by
Councilmember Christensen adopted by the following vote:
AYE: Unanimous
NAY:
ABSENT:
The 2005 Assessment Ordinance was then signed by the Chair, presented to and
approved by the Mayor and recorded by the Deputy City Recorder in the official records
of Salt Lake City, Utah. The 2005 Assessment Ordinance is as follows:
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