008 of 2008 - Lighting District L03 assessment ordinance 0 08-1
Q 08-4
ORDINANCE NO. 8 of 2008
AN ORDINANCE (THE "2008 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST AND LEVYING AN
ANNUAL ASSESSMENT UPON PROPERTY IN SALT LAKE CITY,
UTAH LIGHTING DISTRICT NO. 3, NOW KNOWN AS L03 (THE
"DISTRICT L03"); ESTABLISHING THE EFFECTIVE DATE OF THE
2008 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"), 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, and the City Engineer has determined that the reasonable useful life of
the street lighting facilities to be maintained by the assessment to be levied herein is not
less than 15 years.
Section 2. Approval of Assessment List Findings. The Council confirms and
adopts the District L03 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 provide street lighting
services, including the cost of operating, maintaining, patrolling, and furnishing of
electrical energy. The property benefited is all within the boundaries of the District.
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
DMWEST#6597730 v2 3
Engineer's office will first attempt to resolve the appeal, but if the appeal can only be
resolved by an adjustment in the amount to be assessed against the property owner, the
City shall convene a Board of Equalization and Review to consider the appeal and, where
appropriate, make adjustments to said assessment, provided 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 this 2008
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 this 2008 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 this 2008 Assessment Ordinance.
Section 13. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this 2008 Assessment Ordinance are hereby repealed.
Section 14. Publication of Ordinances. Immediately after its adoption, this
2008 Assessment Ordinance shall be signed by the Mayor and City Recorder or acting
City Recorder or Chief Deputy City Recorder and shall be recorded in the ordinance
DMWEST#6597730 v2 6
book kept for that purpose. This 2008 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.
DMWEST#6597730 v2 7
PASSED AND APPROVED by the City Council of the City, this March 4, 2008.
atey' 'AC r
e%) By. qiU1
Chair
4��r '�OR.4itit
ATTES
Deputy City Recorder
APPROVED AS TO FORM
Salt Lake City Attorneys Office
Date 3'S-01?
By
DMWEST#6597730 v2 8
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on this March 7 , 2008.
By:
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this March 7 , 2008.
Ralph Becker, Mayor
DMWEST#6597730 v2 9
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
I, Scott Crandall, the duly appointed, qualified, and acting Deputy City Recorder
of Salt Lake City, 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,
Utah, at its meeting held on March 4, 2008, insofar as the same relates to or concerns Salt
Lake City, Utah Lighting District No. L03 as the same appears of record in my office.
I further certify that the 2008 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on March 4,
2008.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this March 4, 2008.
(SE,!,....,..,,„,,,,,,
AyP� E CITY �,1 /"
r Deputy City Recorder
t *1
r,.`�pO � y s
DMWEST#6597730 v2 10
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, Utah, do hereby certify that on March 31 , 2008, I caused to be mailed a
Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District
No. L03 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, Utah this March 11 , 2008.
By: 04/.et.� Q. �y
V .. City Treasurer
DMWEST#6597730 v2 1 1
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2008 Assessment Ordinance levying the special assessments which
was contained in the 2008 Assessment Ordinance adopted by the City Council on March
4, 2008, was published one time in the Deseret Morning News.
DMWEST#6597730 v2 12
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Scott Crandall, the undersigned Deputy City Recorder of Salt Lake City, 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 52-4-202, 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
March 4, 2008,public meeting held by the City as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the City's offices at 451 South State Street, Salt Lake City, Utah, on
the February 29, 2008, 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 1, to be delivered to the Deseret Morning News on February 29, 2008,
at least twenty-four(24)hours prior to the convening of the meeting.
In addition, the Notice of 2008 Annual Meeting Schedule for the City Council
(attached hereto as Schedule 2) was given specifying the date, time, and place of the
regular meetings of th City Council to be held during the year, by causing said Notice to
be posted on the 21+"day of 40u. , 2007, at the principal office of the City Council
and by causing a copy of said Notice to be provided to at least one newspaper of general
circulation within the City on the /'day of'i4#►. , 2005
IN WITNESS WHEREOF, I have hereunto subscri my official signature this
March 4, 2008.
JP(S,",k r if
( ~!` r
i,j gi:1 iu,. . o
By:
k Deputy City Recorder
DMWEST#6597730 v2 A-1
SCHEDULE A
NOTICE OF MEETING
DMWEST#6597730 v2 A-2
EXHIBIT B
ASSESSMENT LIST
(Available for review at the offices of the
City Recorder and the City Engineer)
DMWEST#6597730 v2 B-I
SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
DMWEST#6597730 v2 B-2
' 1
Salt Lake City, Utah
March 4, 2008
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, March 4, 2008, 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 to roll call the following members who constituted a quorum:
Jill Remington-Love Chair
Carlton Christensen Vice Chair
Soren Dahl Simonsen Councilmember
K. Eric Jergensen Councilmember
Luke Garrott Councilmember
J.T. Martin Councilmember
Van Blair Turner Councilmember
Also present:
Ralph Becker Mayor
Edwin P. Rutan, II City Attorney
Scott Crandall 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
March 4, 2008, 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 that Salt Lake City, Utah Lighting District No. 3, now known as L03
(the "District L03") was duly created pursuant to notice and public hearing on January 7,
1997. The District was created with notice to all property owners within the District that
assessments were to be paid annually when assessed. Thereafter, in 1997 the City
Council adopted an assessment ordinance (the "Original Assessment Ordinance"), after
which the District was modified by an addition of an extension which was previously part
of another special improvement district. In 1999 through 2007, the City Council adopted
assessment ordinances levying assessments with respect to the District.
DMWEST#6597730 v2 1
r, ,
Pursuant to the procedures established in the proceedings creating the District and
the Original Assessment Ordinance, the following assessment ordinance (the "2008
Assessment Ordinance") was then introduced in writing, was fully discussed, and
pursuant to motion duly made by Councilmember Simonsen and seconded by
Councilmember Christensen adopted by the following vote:
AYE: Unanimous
NAY: None
The 2008 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 2008 Assessment Ordinance is as follows:
DMWEST#6597730 v2 2