073 of 2003 - Approving the assessment list for LO2 • Q 03-1
• Q 03-8
ORDINANCE NO. 73 of 2003
AN ORDINANCE APPROVING THE ASSESSMENT LIST FOR THE
DISTRICT; LEVYING AN ANNUAL ASSESSMENT UPON PROPERTY IN SALT
LAKE CITY, UTAH SPECIAL LIGHTING DISTRICT NO. 2 (THE "DISTRICT");
ESTABLISHING THE EFFECTIVE DATE OF THE 2003 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 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
property owners of this assessment and to collect assessments in accordance with the
provisions of the 2003 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 street lighting services and improvements within the District for the upcoming year is
$166,800.09, of which the City's portion is approximately $41,700.03. The remainder or
$125,100.06, 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 actual and estimated 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, 2003, the due date (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") 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. An assessment payment 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
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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 levied by the 2003
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, 2003, the effective date
of the 2003 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 2003 Assessment Ordinance, or on an earlier assessment
ordinance, if the delinquency predates the effective date of the 2003 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. 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 2003
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 2003 Assessment Ordinance. This
UT_DOCS_A#1140527 v1 5
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 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 2003 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with the 2003 Assessment Ordinance are hereby repealed.
Section 13. Publication of Ordinance and Effective Date. Immediately after its
adoption, the 2003 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 2003
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 set forth in Section 8 hereof.
PASSED AND APPROVED by the City Council of the City, this October 21,
2003.
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Chief Depu City ecorder
UT_DOCS_A#1140527 v1 6
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on October2.% , 2003.
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this October j l , 2003.
Ross C. Anderson, Mayor
UT_DOCS_A#1140527 v1 7
STATE OF UTAH )
. ss.
COUNTY OF SALT LAKE )
I, Chris 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 October 21, 2003,
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 2003 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on October 21,
2003.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this October 21, 2003.
•
Chief De ty Cit Recorder
( SEAL)
UT_DOCS_A#1140527 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 November 13, 2003, 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 November 13, 2003.
K Q,44 2 e Q.
City Treasurer
( SEAT;);.
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UT DOCS A#1140527 v1 9
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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 2003 Assessment Ordinance levying the special assessments which
was contained in the 2003 Assessment Ordinance adopted by the City Council on
October 21, 2003, was published one time in the Deseret Morning News.
UT_DOCS_A#1140527 v1 10
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Chris 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 October 21, 2003 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
October 17, 2003, 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 October 17, 2003,
at least twenty-four(24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
October 21, 2003.
f•.cf ` '=� Chief Deputy ity ecorder
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UT_DOCS_A#1140527 v1 A-1
SCHEDULE A
NOTICE OF MEETING
UT_DOCS_A#1140527 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#1140527 v1 B-1
Salt Lake City, Utah
October 21, 2003
The City Council of Salt Lake City, Salt Lake County, Utah met in regular session
on Tuesday, October 21, 2003 at its regular meeting place at 451 South State Street, Salt
Lake City, Utah. The following members of the City Council were present:
Carlton Christensen Chair
Jill Remington Love Vice Chair
Nancy Saxton Councilmember
Van Blair Turner Councilmember
David L. Buhler Councilmember
Dale Lambert Councilmember
Also present:
Ross C. Anderson Mayor
Edwin P. Rutan, II City Attorney
Chris Meeker Chief Deputy City Recorder
Absent:
K. Eric Jergensen Councilmember
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
October 21, 2003, 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. 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.
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w
Pursuant to the provisions of the proceedings creating the District and the Original
Assessment Ordinance, the following assessment ordinance (the "2003 Assessment
Ordinance") was then introduced in writing, was fully discussed, and pursuant to motion
duly made by Councilmember Saxton and seconded by Love, adopted by the following
vote:
AYE: Unanimous
NAY: None
The 2003 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 2003 Assessment Ordinance is as follows:
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