Loading...
HomeMy WebLinkAboutProposed Ordinance - 3/18/2025 Salt Lake City, Utah April 1, 2025 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, April 1, 2025, at 7:00 p.m., at which meeting there were present and answering to roll call the following members who constituted a quorum: Chris Wharton Chair Alejandro Puy Vice-Chair Victoria Petro Councilmember Eva Lopez Chavez Councilmember Darin Mano Councilmember Dan Dugan Councilmember Sarah Young Councilmember Also present: Erin Mendenhall Mayor Mark Kittrell City Attorney Keith Reynolds City Recorder Absent: After the meeting had been duly called to order and after other matters not pertinent to this ordinance had been discussed, the City Recorder presented to the City Council a Certificate of Compliance with Open Meeting Law with respect to this April 1, 2025, meeting, a copy of which is attached hereto as Exhibit A. The Board of Equalization (the “Board”) for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25 (the “Assessment Area”) presented to the City Council its reports and stated that it had reviewed statements, comments and complaints on each property in the Assessment Area as listed in the minutes of the hearings of the Board. The following Findings, Recommendation and Decision were then presented to the City Council by the Board: FINDINGS It is the finding of the Board that each assessed property within the Assessment Area will be assessed in a manner that meets the requirements of Section 11-42-409 of the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the “Act”). Furthermore, no parcel of property listed in the assessment list, as adjusted herein, will bear more than its equitable 2 4932-6305-3583, v. 2 portion of the actual costs that are reasonable of the economic promotion activities in the Assessment Area, in accordance with Section 11-42-409 of the Act. RECOMMENDATION AND DECISION The City Council hereby ratifies and approves the hearings held by the Board on January 7, 8 and 9 and February 18, 19 and 20. It is the decision of the Board that the proposed assessment list, as adjusted by the modifications shown in Exhibit C, is equitable and that the economic promotion activities being financed thereby constitute a benefit to the properties to be assessed. The assessment list is approved subject to the modifications shown on Exhibit C attached hereto. The Board respectfully recommends that the City Council approve and confirm the assessment list, as adjusted, and adopt an ordinance levying the assessment set out in the assessment list, as adjusted. The City Recorder then noted that the City Council is now convened in this meeting for the purpose, among other things, of accepting the Findings, Recommendation and Decision of the Board regarding the proposed assessments to be levied within the Assessment Area and adopting an Assessment Ordinance (the “Ordinance”) for the Assessment Area. The following Ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember ___________ and seconded by Councilmember _____________, was adopted by the following vote: AYE: 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: 3 4932-6305-3583, v. 2 ORDINANCE NO. ___ of 2025 An ordinance confirming the equalized assessment list and levying an assessment against certain properties in the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25 (the “Assessment Area”), for the purpose of financing certain economic promotion activities in the downtown area; establishing the effective date of the ordinance; and related matters. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH, AS FOLLOWS: Section 1. Determination of Costs. All costs and expenses to finance the proposed activities, which include, but are not limited to, advertising, marketing, special events, festivals, transportation, newsletters, publications, banners, holiday lighting, homeless services, security, special projects, housing, town meetings, government policy, cultural promotion, reports, limited trash pickup through the Ambassadors Program, surveys, and other promotional activities (the “Economic Promotion Activities”) within the Assessment Area, together with related costs, have been determined. Section 2. Approval of Assessment List; Findings. The City Council (the “Council”) of Salt Lake City, Utah (the “City”), hereby accepts and adopts the Findings, Recommendation and Decision of the Board of Equalization. The Council confirms and adopts the equalized and adjusted assessment list for the Assessment Area, 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, as adjusted and equalized, is just and equitable; that each assessed property within the Assessment Area will be assessed in a manner that meets the requirements of Section 11-42-409 of the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the “Act”); and that no parcel of property listed in the Assessment List will bear more than its equitable portion of the actual costs that are reasonable of the Economic Promotion Activities. 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. The assessments hereby levied are to promote business, economic, and community development activities in the central business area of downtown Salt Lake City by financing the Economic Promotion Activities described herein. The assessments are hereby levied and assessed upon each of the parcels of real property described in the Assessment List in accordance with the benefit received from the Economic Promotion Activities within the Assessment Area. The assessments are levied upon the parcels of land in the Assessment Area at equal and uniform rates. Section 4. Cost of Economic Promotion Activities; Amount of Total Assessments. The total cost of the Economic Promotion Activities in the Assessment Area is $5,991,192, including allowable related expenses. The amount to be assessed against property affected or 4 4932-6305-3583, v. 2 benefited by the Economic Promotion Activities in the Assessment Area is $5,991,192. These amounts do not exceed in the aggregate the sum of: (a) the total contract price or prices for the Economic Promotion Activities; (b) the acquisition price of improvements, if any; (c) the reasonable cost of economic promotion activities; (d) the price of purchasing property, if any; (e) connection fees, if any; (f) the interest on interim warrants issued against the Assessment Area, if any; and (g) overhead costs not to exceed fifteen percent (15%) of the sum of (a), (b), (c) and (e). Section 5. Method and Rate. The assessment is a one-time assessment for a three-year period on property in the Assessment Area to pay all or a portion of the estimated costs of the Economic Promotion Activities. The total assessment for the Assessment Area is levied based upon (i) 2024 taxable property values plus (ii) linear feet on certain properties with frontage on certain streets for special holiday lights, as set out in the Notice of Intention to Designate Assessment Area pertaining to the Assessment Area. The assessment for each property was determined based on costs as set out in Section 4. Section 6. Payment of Assessments. Assessments shall be payable in full or in three (3) annual installments (the “Assessment Installment” or “Installments”). If payable in three (3) annual installments, the first Installment will fall due June 3, 2025. The second and third Installments will fall on the first and second anniversary dates of the first Installment. If any Installment is not paid by the due date, the unpaid Installment(s) will accumulate delinquent interest and/or charges in accordance with this Assessment Ordinance and State law. Section 7. Default in Payment. If a default occurs in the payment of any assessment installment when due, the City may (a) declare the delinquent amount to be immediately due and subject to collection, or (b) accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and interest then due to be immediately due and payable. Additional interest shall accrue and be paid on all amounts declared to be delinquent or 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 Rate”). In addition to interest charges at the Delinquent Rate, costs of collection, including attorneys’ fees and court costs (“Collection Costs”), as determined by the City Treasurer or as required by law, may be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable. In lieu of accelerating the total assessment balance when one or more assessment installments become delinquent, the City may elect to bring an action to collect only the delinquent portion of the assessment plus interest at the Delinquent Rate and Collection Costs. 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 completed real property 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 Salt Lake County. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing plus costs as determined by the City Treasurer. If the City elects to use the enforcement remedy involving acceleration, 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 Collection Costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the City may immediately initiate a sale of the property as 5 4932-6305-3583, v. 2 provided in Title 59, Chapter 2, Part 13, Utah Code Annotated 1953, as amended, or sell the property pursuant to Section 11-42-502.1(2) and related pertinent provisions of the Act in the manner provided for judicial foreclosures, or utilize any other remedy permitted by law. 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. So long as the City retains ownership of the property, it shall pay all delinquent assessment installments and all assessment installments that become due. 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 Collection Costs, attorneys’ fees and costs shall be added to the amount of the assessment up to, and including, the date of foreclosure sale. Section 8. Remedy of Default. If prior to the final date that 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 that are past due and delinquent with interest at the Delinquent Rate, plus all approved or required costs and attorneys’ fees, 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. Any payment made to cure a default shall be applied first, to the payment of attorneys’ fees and other costs incurred as a result of such default; second, to interest charged on past due installments, as set forth above; third, to the interest portion of all past due assessments, if any; and last, to the payment of outstanding principal. Section 9. Lien of Assessment. Upon the recordation of the required documents and notices, an assessment or any part or installment of it, any interest accruing, and the penalties, attorneys’ fees and costs of collection shall constitute a political subdivision 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, shall be equal to and on a parity with the lien for general property taxes, and shall apply without interruption, change of priority, or alteration in any manner to any reduced payment obligations. The lien shall continue until the assessment, reduced payment obligations, 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, the issuance of a tax deed, an assignment of interest by Salt Lake County, or a sheriff's certificate of sale or deed. Section 10. Contestability. No assessment shall be declared invalid or set aside in whole or in part in consequence of any error or irregularity that does not go to the equity or justice of the assessment or proceeding. Any party who has not waived his/her objections to same as provided by statute may commence a civil action in the district court with jurisdiction in Salt Lake County 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 sixty (60) 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 that the party was authorized to 6 4932-6305-3583, v. 2 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 60-day period provided in this section: (a) The assessments levied in the Assessment Area shall become incontestable as to all persons who have not commenced an action and served a summons as provided for in this section; and (b) A suit to enjoin the levy, collection, or enforcement of the assessment, or to attack or question the legality of the assessment may not be commenced in this state, and a court may not inquire into those matters. 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, including the mailing of invoices to property owners in the Assessment Area. Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 13. Posting of Ordinance. Following its approval, this Ordinance shall be signed by the Mayor and the City Recorder and shall be recorded in the ordinance book kept for that purpose. A copy of this Ordinance shall be posted (i) in a public location within the City’s boundaries that is reasonably likely to be seen by residents of the City, (ii) on the City’s official website and (iii) on the Utah Public Notice Website (http://pmn.utah.gov), all for at least 21 days. This Ordinance shall take effect on May 19, 2025. Section 14. Notice of Assessment Interest. The City Recorder is hereby authorized and directed to file a Notice of Assessment Interest with the Salt Lake County Recorder within five days of the effective date of this Ordinance. Such Notice shall (1) state that the City has an assessment interest in the assessed property, (2) state the maximum number of years over which the assessment will be payable, and (3) describe the property assessed by legal description and tax identification number. 7 4932-6305-3583, v. 2 PASSED AND APPROVED by the City Council of Salt Lake City, Utah, this April 1, 2025. (SEAL) By:_________________________________ Chair ATTEST: By: City Recorder APPROVED AS TO FORM: ____________________________________ Sara Montoya City Attorney ____________________ ontoya March 14, 2025 8 4932-6305-3583, v. 2 After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded, and carried, adjourned. (SEAL) By:_________________________________ Chair ATTEST: By: City Recorder 9 4932-6305-3583, v. 2 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for her approval or disapproval on this April ___, 2025. By:_________________________________ Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this April ___, 2025. ____________________________________ Erin Mendenhall Mayor 10 4932-6305-3583, v. 2 STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Keith Reynolds, the duly appointed and qualified 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 April 1, 2025, insofar as the same relates to or concerns the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25, as the same appears of record in my office. I further certify that the Ordinance levying the assessments was recorded by me in the official records of Salt Lake City on April ___, 2025. I further certify that a copy of the Ordinance was posted (i) in a public location within the City’s boundaries that is reasonably likely to be seen by residents of the City, (ii) on the City’s official website and (iii) on the Utah Public Notice Website (http://pmn.utah.gov), all for at least 21 days. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this April ___, 2025. (SEAL) By: City Recorder EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Keith Reynolds, the undersigned 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 April 1, 2025, 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 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; (b) By causing a Notice, in the form attached hereto as Schedule 1, to be posted on the Utah Public Notice Website (https://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting; and (c) By causing a Notice, in the form attached hereto as Schedule 1, to be posted on the City’s official website at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2025 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 the City Council to be held during the year, by causing said Notice to be posted at least annually (a) on the Utah Public Notice Website created under Section 63A-16-601, Utah Code Annotated 1953, as amended, (b) on the City’s official website and (c) in a public location within the City that is reasonably likely to be seen by residents of the City. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this April 1, 2025. (SEAL) By: City Recorder A-1 4932-6305-3583, v. 2 SCHEDULE 1 NOTICE OF MEETING A-2 SCHEDULE 2 NOTICE OF 2025 ANNUAL MEETING SCHEDULE B-1 EXHIBIT B ASSESSMENT LIST (Available for review at the offices of the City Recorder or City Engineer) C-1 EXHIBIT C MODIFICATIONS RECOMMENDED BY BOARD OF EQUALIZATION