080 of 1995 - AN ORDINANCE ADOPTING THE FINDINGS AND RECOMMENDATIONS OF THE BOARD OF EQUALIZATION AND REVIEW; APPR0 95^1
Q 95-6
ORDINANCE NO. 80 of 1995
AN ORDINANCE ADOPTING THE FINDINGS AND
RECOMMENDATIONS OF THE BOARD OF EQUALIZATION AND
REVIEW; 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 THIS ORDINANCE;
AND RELATED MA'iThRS.
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
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 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 Eglrnlization 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 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 equalized.
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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.
The assessments shall be levied annually based upon rates established to the energy
contract entered into for furnishing electricity plus the cost of operation and maintenance
relating to the providing of lighting benefits. 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 this Ordinance for the purposes herein provided.
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 for the first year of the District is $174,844.45, of which the City's
portion is $43,711.29. 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. 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 the annual assessment
ordinance. Interest on assessments shall accrue only after passage of the due date set out
14n/2.001 (PF) 4
in the Notice of Assessment Tax 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
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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
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 this Ordinance.
Unless the assessment becomes delinquent, no notice of lien will be recorded and no
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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 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
14'7772.001 (PF)
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 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.
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CHIEF L
PASSED AND APPROVED by the City Council of the City, this 21st day of
November, 1995.
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9
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for her approval or
disapproval on the 21 st day of November, 1995.
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approvedthis 21st day of I vember, 1995.
edee oC rradini, Mayor
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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 21st of
November, 1995 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 Ordinance levying the special assessments was recorded
by me in the official records of Salt Lake City on the 21st day of November, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this 21st day of Novemb
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11
STATE OF UTAH
: ss.
COUNTY OF SALT LAKE
AFFIDAVIT OF MAILING
NOTICE OF ASSESSMENT
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 1 day of December,
1995, 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 S day of December, 1995.
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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 21st day of November, 1995, was
published one time in the Deseret News.
147772.001 (PF)
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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 March 8, 1995 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 November 17, 1995, 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 November 17, 1995, at
least twenty-four (24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
21st day of November, 1995.
Deftuty City Recorder
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SCHEDULE "A"
NOTICE OF MEETING
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EXHIBIT "B"
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder and the City Transportation Engineer]
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147772.001 (PF)
Salt Lake City, Utah
November 21, 1995
The City Council of Salt Lake City, Salt Take County, Utah met in regular
session on Tuesday, the 21st of November at its regular meeting place at 451 South State
Street, Salt Lake City, Utah. The following members of the City Council were present:
Also present:
Stuart C. Reid
Sam Souvall
Paul Hutchison
Alan G. Hardman
Tom Godfrey
Roselyn N. Kirk
Deedee Corradini
Roger F. Cutler
Scott Crandall
Absent: Keith S. Christensen
Chair
Vice Chair
Councilmember
Councilmember
Councilmember
Councilmember
Mayor
City Attorney
Deputy City Recorder
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
November 21, 1995 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. 2 and
has reviewed minutes of the hearings of that Board. The Council noted that the
Recommendation was mailed to the owners of property who attended the hearings of the
Board.
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 Hutchison, adopted by the following vote:
YEA: Stuart C. Reid
Sam Souvall
Paul Hutchison
Alan G. Hardman
Tom Godfrey
Roselyn N. Kirk
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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