072 of 2002 - assessment for Special Lighting District No. 2 0 02-1
Q 02-7
ORDINANCE NO. 72 of 2002
AN ORDINANCE APPROVING THE ASSESSMENT LIST; LEVYING AN
ANNUAL ASSESSMENT UPON PROPERTY IN SALT LAKE CITY, UTAH
SPECIAL LIGHTING DISTRICT NO. 2 (THE "DISTRICT"); ESTABLISHING THE
EFFECTIVE DATE OF THE 2002 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 or estimated for a twelve (12) month period following the effective date
of the assessment described below.
Section 2. Approval of Assessment List; 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 Assessments include
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 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.
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
property owners of this assessment and to collect assessments in accordance with the
provisions of the 2002 Assessment Ordinance for the purposes herein provided.
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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 the upcoming year of the District is $192,523.88, of
which the City's portion is approximately $48,130.96. 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 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 the effective date of this annual assessment
ordinance. Interest on assessments shall accrue only after passage of the 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") to accrue on delinquent property tax
balances. 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 record 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
mortgage liens or trust deeds. In the event the City elects to foreclose using trust deed
UT_DOCS_A#1117249 v1 4
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 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 or any part of it, 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 2002
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 a Notice of Delinquency 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 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 2002
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 2002 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.
UT_DOCS_A#1117249 v1 5
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 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 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 2002 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with the 2002 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. Immediately after its adoption, the 2002 Assessment Ordinance shall be
signed by the Council Chair and City Recorder and shall be recorded in the ordinance
book kept for that purpose. The 2002 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.
PASSED AND APPROVED by the City Council of the City, this 5th day of
November, 2002.
Chair
ATTEST: APPROVED AS TO FORM
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on the day of November, 2002.
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this? ay of November, 2002.
Ross C. Anderson, Mayor
UT_DOCS_A#1117249 v1 7
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I, Scott Crandall, 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, Salt Lake County, Utah at its meeting held on the 5th day of November, 2002
insofar as the same relates to or concerns Salt Lake City, Utah Lighting District No. 2 as
the same appears of record in my office.
I further certify that the 2002 Assessment Ordinance levying the special
assessments was recorded by me in the official records of . Ike City on the - day
of November, 2002.
IN WITNESS WHEREOF, I have hereu 4 set my han' and . -• : co p. a
seal of Salt Lake City this 5th day of Novembe , 2002.
4411di&i 11-..011L 't
WII" Deputy City Recorder
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UT_DOCS_A#1117249 v1 8
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 November, 2002, I caused to
be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Lighting
District No. 2 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 November, 2002.
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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 2002 Assessment Ordinance levying the special assessments which
was contained in the 2002 Assessment Ordinance adopted by the City Council on the 5th
day of November, 2002, was published one time in the Deseret News.
UT_DOCS_A#1117249 v1 10
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EXHIBIT "A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Scott Crandall, 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 November 5, 2002 public meeting held by the City Council of 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
November J, 2002, 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 Desere News o November I , 2002, at
least twenty-four(24) hours prior to the co• ,ening oft - meeting.
IN WITNESS WHEREOF, I have h-.eunto subscri• -d of al sign.. •rthis
5th day of November, 2002.
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SCHEDULE "A"
NOTICE OF MEETING
UT DOCS A#1117249 v1 A-2
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EXHIBIT "B"
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder and the City Engineer]
UT DOCS A#1117249 v1 B-1
Salt Lake City, Utah
November 5, 2002
The City Council of Salt Lake City, Salt Lake County, Utah met in regular session
on Tuesday, the 5th day of November, 2002 at its regular meeting place at 451 South
State Street, Salt Lake City, Utah. The following members of the City Council were
present:
David L. Buhler Chair
Carlton Christensen Vice Chair
Nancy Saxton Councilmember
Van Turner Councilmember
K. Eric Jergensen Councilmember
Jill Remington Love Councilmember
Dale Lambert Councilmember
Also present:
Rocky Fluhart Chief Administrative
Officer
Steven W. Allred Acting City Attorney
Scott Crandall 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 had been discussed, the City Recorder presented to the City
Council a Certificate of Compliance With Open Meeting Law with respect to this
November 5, 2002 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. 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 November 21, 1995,
Ordinance No. 80 of 1995 (the "Original Assessment Ordinance") was adopted by the
City Council. In November of each year thereafter an assessment ordinance has been
adopted to cover actual and estimated costs of the District for a twelve month period.
Pursuant to the provisions of the proceedings creating the District and the Original
Assessment Ordinance, the following assessment ordinance (the "2002 Assessment
Ordinance") was then introduced in writing, was fully discussed, and pursuant to motion
duly made by Councilmember Carlton Christensen and seconded by Councilmember
David Buhler, adopted by the following vote:
YEA:
David L. Buhler Chair
Carlton Christensen Vice Chair
Nancy Saxton Councilmember
Van Blair Turner Councilmember
K. Eric Jergensen Councilmember
Jill Remington Love Councilmember
Dale Lambert Councilmember
NAY: None
The 2002 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 2002 Assessment Ordinance is as follows:
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