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086 of 1992 - AN ORDINANCE LEVYING A TAX AND PROVIDING FOR THE ASSESSMENT OF PROPERTY IN SALT LAKE CITY, UTAH SPECD q2-j 1z-7 ORDINANCE NO. 86 of 1992 AN ORDINANCE LEVYING A TAX AND PROVIDING FOR THE ASSESSMENT OF PROPERTY IN SALT LAKE CITY, UTAH SPECIAL LIGHTING DISTRICT NO. 2 (THE "DISTRICT") , FOR A PERIOD OF THREE (3) YEARS; ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE; AND RELATED MATTERS. 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 lighting and for the making of the improvements within the District have been finally determined and the reasonable cost of any work to be done has 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 Equalization 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 a tax as an assessment upon the real property identified in the Assessment List. BD26933 (PF) 3 The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List as equalized. 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 therefor for a period of three years. It is hereby determined and established that the property being assessed will be specifically benefited to the full amount of the 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 for a period of three (3) years according to the contract entered into for the performance of said work and the providing of lighting benefits. The City Treasurer is hereby authorized and directed to assess in accordance with the provisions of this Ordinance for the purpose herein mentioned. 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 is $490,601.72, of which the City's portion is $122,650.32. 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 BD26533 (PF) 4 rate for each property was determined based on the costs of services and improvements, together with other related factors, the totals of which are set out in the preceding Section. The assessment tax may be paid in total within fifteen (15) days of the date of publication of this Ordinance (the "Effective Date"), or payment may be deferred and paid in three (3) equal yearly installments, without interest except on any delinquent installment(s). One-third of the total assessment shall be due and payable within fifteen days after the Effective Date of this Ordinance; one-third in one year after the Effective Date of this Ordinance; and the final one-third in two years thereafter. One or more of such installments in the order payable, or the whole tax, may be prepaid at any time after the Effective Date of this Ordinance. Section 6. Default in Payment. The assessment installment shall be delinquent if it remains unpaid for more than fifteen (15) days 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 declare the unpaid amount to be immediately due and payable and subject to collection as provided herein. In addition, it may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal to be immediately due and payable. Interest shall accrue and be paid on all delinquent amounts and amounts declared to be accelerated and immediately due and payable at the same rate as is applied to delinquent real property taxes for the year in which the assessment installment becomes delinquent (the "Delinquent BD26533 (PF) 5 Rate"). In addition to interest charges at the Delinquent Rate, costs of collection as determined by the City Treasurer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable. Upon any default, the City Treasurer shall give notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls. Notice 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 shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing together with accrued interest at the Delinquent Rate plus costs as determined by the City Treasurer. The Notice shall also declare that after the thirty (30) day period the City shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the City may 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 BD26533 (PF) 6 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 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 all unpaid installments which are past due and delinquent with interest at the Delinquent Rate, plus all approved or required costs, the assessment of said owner shall be restored so that the owner will have the right to make the payments in installments as if the default had not occurred. Section 8. Lien of Assessment. An assessment or any part or installment of it, any interest accruing and the penalties and costs of collection shall constitute a lien against the property upon which the assessment is levied on the Effective Date of this Ordinance. 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 BD26533 (PF) 7 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 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 BD26533 (PF) 8 property owners in the District. Said notice shall, among other things, state the amount of the assessment and the terms of 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. PASSED AND APPROVED by the City Council of the City, this 17th day of November 1992. BD26533 (PF) 9 The City Treasurer was thereupon authorized to mail to the property owners in the District notice of special assessment as hereinbefore provided. After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded and carried, adjourned. EST: .!, CHIEF DEPUTlCity ( S E A L eco`r PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for her approval or disapproval on the 17th day of November 1992. V1Po Ch it MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this 17th day of November 1992. -7..,)(JA,44vat 11-237 - eec7ee Corradini Mayor BD26533 (PF) 10 STATE OF UTAH : ss. COUNTY OF SALT LAKE I, Christine 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, Salt Lake County, Utah at its meeting held on the 17th day of November 1992 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 17th day of November 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this 17th day of November 1992. eputy City Recorkier BD26533 (PF) 11 STATE OF UTAH COUNTY OF SALT LAKE AFFIDAVIT OF MAILING : ss. NOTICE OF ASSESSMENT I, Buzz Hunt, the duly appointed, qualified and acting City Treasurer of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the 30th day of November, 1992, 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 yTreasurer ( S E A L ) 1600 'day of BD26533 (PF) 12 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 17th day of November 1992 was published one time in the Deseret News. BD26533 (PF) 13 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Christine 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 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the November 17, 1992 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 13 1992, 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 13 1992, at least twenty-four (24) hours prior to the convening of the meeting. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 17th day of November 1992. Deputy City Recorder BD26533 (PF) 14 SCHEDULE "A" NOTICE OF MEETING BD26533 (PF) 15 EXHIBIT "B" ASSESSMENT LIST BD26533 (PF) 16 BD26533 (PF) Salt Lake City, Utah November 17, 1992 The City Council of Salt Lake City, Salt Lake County, regular session on Tuesday, the 17th day of November 1992, at meeting place at 451 South State Street, Salt Lake City, following members of the City Council were present: Nancy Pace Tom Godfrey Roselyn N. Kirk Alan Hardman Don C. Hale Ronald Whitehead Also present: Deedee Corradini Roger F. Cutler Christine Meecker Chair Vice Chair Councilmember Councilmember Councilmember Councilmember Utah met in its regular Utah. The Mayor City Attorney Deputy City Recorder Absent: Paul Hutchinson Councilmember 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 determined compliance as set out in the Certificate of Compliance With Open Meeting Law with respect to this November 17, 1992 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 had been mailed on the 6th day of November, 1992 to each owner of property who had appeared at the hearings of the Board with inquiries and comments. The Council further noted that no property owner raised objections to the proposed assessments. In the absence of objections in the hearings held by the Board of Equalization on October 20, 21 and 22, 1992, the City Council has determined it is in the public interest to proceed with the levying of assessments. The following assessment ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember Nancy Pace and seconded by Councilmember Roselyn Kirk, adopted by the following vote: YEA: UNANIMOUS NAY: 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: BD26533 (PF) 2