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026 of 2013 - Assessment list and levying an annual assessment upon property in Salt Lake City, Utah, Lighting Dis 0 13-1 Q 13-6 ORDINANCE NO. 26 of 2013 An ordinance (the "2013 Assessment Ordinance") approving an assessment list and levying an annual assessment upon property in Salt Lake City, Utah Lighting District No. 1 known as I,01 (the "District L01"); establishing the effective date of the 2013 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 (TIIE "CITY"), UTAII, AS FOLLOWS: Section 1. Determination of Costs. The estimated operation and maintenance costs of District LO1 to provide for current street lighting within District LO1 have been determined. Section 2. Approval of Assessment List; Findings. The Council confirms and approves the District L01 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 operating experience for District LO1 and it includes estimated operation and maintenance costs for the twelve-month period beginning July 1, 2013, and ending June 30, 2014 (the "O&M Period"). The Council has determined that the Assessment List is just and equitable; that each piece of property to be assessed within District LO1 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 the estimated operation and maintenance costs within District L01. 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 estimated operation and maintenance costs to provide street lighting and electrical energy for street lighting within District LO1 for the O&M Period. 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 said estimated operation and maintenance costs. All property benefited is within the boundaries of District L01. Unless future modifications revise the purposes and plans of District L01, future assessments will continue to be levied annually for the reasonable useful life of the facilities to be maintained by the assessment levy 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 this 2013 Assessment Ordinance for the purposes herein provided. DMWEST#9753918 v2 3 2013 Assessment Ordinance Section 4. Operation and Maintenance Costs. As determined by the office of the City Engineer, the total estimated operation and maintenance costs for District LO1 for the O&M Period are $112,304, of which the City's portion is approximately $28,076. The remaining $84,228 is to be paid from assessments levied upon property within District LO1 as set forth in the Assessment List. Section 5. Method, Rate, and Payment of Assessment. The total assessment for District LO1 is levied in accordance with the method set out in the Notice of Intention pertaining to District I,O1 adopted by the City Council on April 15, 1996. The applicable rate for each property was determined based on the operation and maintenance costs of providing street lighting services and furnishing electrical energy for street lighting purposes, together with other related factors, the totals of which are set out in the preceding Section. Future annual assessments may include adjustments to reflect changes in operation and maintenance costs and any balance or deficits resulting from the previous year's operations. Assessments shall be payable on July 30, 2013 (the "Due Date"). Interest on assessments shall accrue only after passage of the Due Date as set out in the Special Assessment Notice to be mailed by the City 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. 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 in the payment of the assessment. If an assessment payment is not paid 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 any filing and any 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 may be charged and shall be paid on all delinquent amounts. If the delinquency continues after the filing of the Notice of Delinquency, the City Treasurer may determine what 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 Salt Lake 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 procedures, a trustee shall be designated by the City to serve as a trust fund DMWEST#9753918 v2 4 2013 Assessment Ordinance trustee for purposes of the enforcement action. 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 election by the City to use or not to use a Notice of Delinquency and a Notice of Default shall have no effect on the perfecting of the lien resulting from a delinquency in the payment of any assessment after publication of this Assessment Ordinance. 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 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 the unpaid assessment balance with interest at the Delinquent Rate, plus all approved or required costs, the owner shall then be restored to the right to pay installments in the same manner as if default had not occurred. Section 8. Lien of Assessment. An assessment levied by this 2013 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 July 15, 2013, the effective date of this 2013 Assessment Ordinance (the "Effective Date"), or for any unpaid portion of an earlier assessment, 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 that will be recorded. The assessment lien based on this 2013 Assessment Ordinance, or on an earlier assessment ordinance, if the delinquency predates the effective date of this 2013 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 this 2013 Assessment Ordinance. DMWEST#9753918 v2 5 2013 Assessment Ordinance Such action must be commenced and summons must be served on the City not later than thirty (30) days after the Effective Date of this 2013 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 thirty (30) day period provided in this section, the assessments levied in District LO1 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 District LO1. 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 2013 Assessment Ordinance. Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this 2013 Assessment Ordinance are hereby repealed. Section 13. Publication of Ordinance. Immediately after its adoption, this 2013 Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose. This 2013 Assessment Ordinance shall be published once in The Salt Lake Tribune, a newspaper published and having general circulation in the City, and shall take effect immediately upon its Effective Date. Section 14. Notice of Assessment Interest. The City Treasurer is hereby authorized and directed to file a Notice of Assessment Interest with the Salt Lake County Recorder within five (5) days after the Due Date provided in Section 5. Such Notice shall (a) state that the City has an assessment interest in the assessed property, (b) describe the property assessed by legal description and tax identification number, and (c) state the maximum number of years over which the assessment for operation and maintenance activities will be payable (which number may be included in an attached copy of the District LO1 Assessment Ordinance). DMWEST#9753918 v2 6 2013 Assessment Ordinance PASSED AND APPROVED by the City Council oft e City,this June 4,2013. v p `v_ dir r ..... .. r ATTEST: BY .4- City Recorder APPROVED AS TO FORM Salt Lake City Attorney's Office Dale -Zs-13 By ...j,7( � DMWEST#9753918 v2 7 2013 Assessment Ordinance PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on this June 2S, 2013. By: Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this June.? , 2013. / j) Ra ph d (A \j< ecker, Mayor DMWEST#9753918 v2 8 2013 Assessment Ordinance STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Cindi Mansell, the duly appointed, qualified, and acting 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 June 4, 2013, insofar as the same relates to or concerns Salt Lake City, Utah Lighting District LO1 as the same appears of record in my office. I further certify that the 2013 Assessment Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on June 4, 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Utah this June 4, 2013. 744,9 ,,... , • �• i _ 4,.eli '' Bye * .� .,,:�:,2 .:�; . I City Recorder r````�0° ,'. 'I A • R vr�Yr`MD• SATE S.� DMWEST#9753918 v2 9 2013 Assessment Ordinance STATE OF UTAH ) CERTIFICATE OF MAILING : ss. NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I, Marina Scott, the duly appointed, qualified, and acting City Treasurer of Salt Lake City, Utah, do hereby certify that on July 1, 2013, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District LO1 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 July 1, 2013. i B /a" 1457 gr(A5d7+— �' Y '+ City Treasurer c; \ \.i �Otrr RATE� S�IQ'.�y �t'It 4ai0. DMWEST#9753918 v2 10 2013 Assessment Ordinance PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said 2013 Assessment Ordinance levying the special assessments adopted by the City Council on June 4, 2013, was published one time in The Salt Lake Tribune. DMWEST#9753918 v2 11 2013 Assessment Ordinance EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Cindi Mansell, 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 June 4, 2013, public meeting held by the City Council as follows: (a) By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the principal office of the City Council at 451 South State Street, Salt Lake City, Utah, on May 31, 2013, 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 copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to The Salt Lake Tribune on May 31, 2013, at least twenty-four (24) hours prior to the convening of the meeting; and (c) By causing a copy of such Notice to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2013 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 (a) posted on November 20, 2012, at the principal office of the City Council, (b) provided to at least one newspaper of general circulation within Salt Lake City on December 31, 2012, and (c) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this June 4, 2013. (SEA'e:stip,Kb cfT...."A+� sA P/i. V• . : * At , City Recorder ++`ro�pPv th ATE SO DMWEST#9753918 v2 A-1 2013 Assessment Ordinance SCHEDULE I NOTICE OF MEETING DMWEST#9753918 v2 A-2 2013 Assessment Ordinance AGENDA CITY COUNCIL of SALT LAKE CITY and LOCAL BUILDING AUTHORITY of SALT LAKE CITY,UTAH MEETING AGENDA Tuesday, June 4,2013 2:00 p.m. Work Session (The public is invited to listen to the discussion.) 7:oo p.m.Formal Meeting (Public comment section is included) Items listed below may be moved and discussed in a different portion of the Agenda based on circumstance and availability of speakers. Note:Utah law requires the Salt Lake City Council to act as several other boards to help govern the City.During this meeting,the Council will adjourn temporarily,and then convene as the Local Building Authority Board. Council Meeting Rules, Parliamentary Order and Procedure A. WORK SESSION: 2:00 p.m.in Room 326,City&County Building,451 South State St. Approximate Start Time 1. Partnership Discussion—Community Development ~2:00 p.m. The Council will receive a briefing from Robert Rendon,Senior Vice President and Community Development Director for Zion's Bank regarding the Community Reinvestment Act.This is one in a series of briefings from partnership organizations that will be scheduled in 2o13 by the City Council. 2. Budget Items for Fiscal Year 2013-2014 The Council will receive a briefing and discuss items related to the Mayor's recommended budget for Fiscal Year 2013-2014. a. Attorney's Office Relating to the Attorney's Office. b. Budget 2013-14 Unresolved Issues Continuing a discussion with Council Staff regarding unresolved issues relating to the recommended budget. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET,ROOM 304 www.slccouncil.com/agendas/default.htm O P.O.BOX 145476,SALT LAKE CITY,UTAH 84114-5476 TEL 801-535-760o FAX 801-535-7651 KYLE LAMALFA I DISTRICT 2 I COUNCIL CHAIR I I JILL REMINGTON LOVE I DISTRICT 5 I COUNCIL VICE CHAIR I I CARLTON CHRISTENSEN I DISTRICT 1 I I STAN PENFOLD I DISTRICT 3 I I LUKE GARROTT I DISTRICT 4 I I CHARLIE LUKE I DISTRICT 6 I I SOREN SIMONSEN I DISTRICT 7 Salt Lake City Council Agenda Tuesday,June 4, 2o13 c. Legislative Intents and Interim Study Items The Council will review a report from the Administration regarding Legislative Intents and Interim Study Items adopted as part of the FY 2013 budget process. 3. Budget Amendment No.4 for Fiscal Year 2012-2013 The Council will receive a briefing regarding Budget Amendment No. 4 for Fiscal Year 2012-2013. Budget amendments happen several times each year to reflect adjustments to the City's budgets.This proposed budget amendment includes adjustments totaling$6,176,231.24,relating to general obligation bonds,the Public Utilities water budget,and the Streetcar budget among other items. (Di) 4.Parley's Trail Phase IV—The Draw and Parley's Trail through Hidden Hollow Park Interlocal Agreements with Salt Lake County. The Council will receive a briefing regarding two resolutions related to construction of a section of the Parley's Trail.The project includes construction of approximately 2,05o ft. of trail and an underpass tunnel under i3oo East Street from Hidden Hollow Park to Sugar House Park. The agreements provide City—County coordination,the County's use of City right of way and park property,funding,construction and maintenance of the project elements.The County will be responsible for all construction and maintenance,excluding landscaping improvements in Hidden Hollow Park. • An interlocal cooperation agreement between Salt Lake City and Salt Lake County relating to the design and construction of Parley's Trail Phase IV—The Draw. • An interlocal cooperation agreement between Salt Lake City and Salt Lake County relating to construction of Parley's Trail though Hidden Hollow Park and ongoing maintenance of the project elements. (Gi) 5. Open Space Acquisition: Jordan River Parkway and Parley's Trail The Council will receive a briefing regarding a proposal from the Administration to acquire three properties using$184,30o in Open Space Bond Funds.The parcels include: • two properties adjacent to Jordan Park on Montague Avenue(961 and 962 West and 940 South).The properties would be used to serve the Poplar Grove Park and Glendale Park communities by providing greater access to the Jordan River parkway and Jordan Park • one property at 2205 South and 90o East adjacent to Parley's Trail. The property,located along the Sugar House Streetcar stop,would allow the trail width to remain 12 feet and not be constricted by the streetcar station 2 Salt Lake City Council Agenda Tuesday,June 4, 2013 6. Zoning Amendment-1321 South 50o East,Michael Lobb The Council will receive a briefing regarding a proposal to amend the CN- Neighborhood Commercial zoning of property located at 1321 South 500 East to remove covenants,conditions and restrictions(CCRs)linked to zoning of the property.This would allow the applicant to demolish the existing building and construct a mixed use residential/office building. Although the applicant has requested amending the CN-Neighborhood Commercial zoning to remove the CCRs,consideration may be given to rezoning the property to another zoning district with similar characteristics.Petitioner: Michael Lobb; Petition No. PLNPCM2o12- 00588. (D2) 7. Bonds for Regional Sports Complex The Council will receive a briefing regarding the issuance and the sale of $15,300,00o aggregate principal amount of general obligation bonds of the City to finance all or a portion of a multipurpose regional sports,recreation and education complex and related roads,parking and improvements; authorizing the execution and delivery of certain related documents; delegating authority to certain officials and officers of the City to approve the final terms and provisions of such bonds and providing for related matters. 8. Interview: Salt Lake City Treasurer Time Certain 6:0o p.m. The Council will interview Marina Scott prior to consideration of her appointment as the Salt Lake City Treasurer. (H2) 9. Report of the Executive Director Report of the Executive Director,including a review of Council information items and announcements.The Council may give feedback or staff direction on any item related to City Council business. 10. Report of the Chair and Vice Chair Report of the Chair and Vice Chair. 11. TENTATIVE-Closed Session The Council will consider a motion to enter into Closed Session.A closed meeting described under Section c2-4-204 may only be held for: a)discussion of the character,professional competence,or physical or mental health of an individual; b)strategy sessions to discuss collective bargaining; c)strategy sessions to discuss pending or reasonably imminent litigation; d)strategy sessions to discuss the purchase,exchange,or lease of real property,including any form of a water right or water shares,if public discussion of the transaction would:(i)disclose the appraisal or estimated value of the property under consideration;or(ii)prevent the public body from completing the transaction on the best possible terms; e)strategy sessions to discuss the sale of real property,including any form of a water right or water shares,if:(i)public discussion of the transaction would:(A)disclose the appraisal or estimated value of the property under consideration; or(B)prevent the public body from completing the transaction on the best possible terms;(ii)the public body previously gave public notice that the property would be offered for sale;and(iii)the terms 3 Salt Lake City Council Agenda Tuesday,June 4, 2013 of the sale are publicly disclosed before the public body approves the sale; f)discussion regarding deployment of security personnel,devices,or systems; g)investigative proceedings regarding allegations of criminal misconduct. FORMAL MEETING B. OPENING CEREMONY: 7:0o p.m. in Room 315, City&County Building, 451 South State St. Council Member Soren Simonsen will conduct the Formal Council Meetings during the month of June. 1. Pledge of Allegiance. 2. The Council will approve the meeting minutes of Tuesday,May 7th Formal Meeting,Tuesday, May 14th Work Session and Tuesday May 21st Formal Meeting. C. PUBLIC HEARINGS: 1. City Budget Items for Fiscal Year 2013-2014 Continue to accept public comment regarding an ordinance adopting the final budget and related ordinances,including the budget for the Library Fund,setting the property tax rate for Salt Lake City and Library;the Consolidated Fee Schedule; and the employment staffing document for Salt Lake City,Utah for Fiscal Year 2013-2014. Note: This public hearing will address all ordinances associated with the implementation of the City's 2013-2014 Budget, including the Library Fund items Cia-Cir. (B 13-i) a. Ordinance:Adopt the City Budget,Excluding the Budget for the Library Fund which is Separately Adopted,and the Employment Staffing Document for Fiscal Year 2013- 2014 An ordinance adopting the City budget,excluding the budget for the Library Fund which is separately adopted,and the employment staffing document of Salt Lake City for Fiscal Year 2013-2014. (B 13-i) b. Ordinance:Adopt the Library Fund of Salt Lake City,Utah An ordinance adopting the budget for the Library Fund for Fiscal Year 2013-2o14. (B 13-2) c. Ordinance:Adopt the Rate of Tax Levy to be Credited to the Library Fund An ordinance adopting the rate of tax levy to be credited to the Library Fund for Fiscal Year 2013-2014. (B 13-2) d. Ordinance:Adopt the Rate of Tax Levy,including the Levy for the Library Fund Upon all Real and Personal Property within Salt Lake City,Made Taxable by Law for Fiscal Year 2013-2014 4 Salt Lake City Council Agenda Tuesday,June 4,2013 An ordinance adopting the rate of tax levy,including the levy for the Library Fund, upon all real and personal property within Salt Lake City,made taxable by law for Fiscal Year 2013-2014. (B-13-1) e. Ordinance:Approving the Compensation Plan for all Non-Represented Employees An ordinance approving the compensation plan for all non-represented employees of Salt Lake City. (0 13-11) f. Ordinance:Approving a Memorandum of Understanding(MOU)between Salt Lake City Corporation and the American Federation of State,County,and Municipal Employees Local 1004,Representing Eligible Employees,Pursuant to the Collective Bargaining and Employee Representation Joint Resolution Dated March 22, 2011 An ordinance approving a Memorandum of Understanding(MOU)between Salt Lake City Corporation and the American Federation of State,County,and Municipal Employees Local 1004,representing eligible employees,pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which shall become effective on ratification and signature. (0 13-12) g. Ordinance:Appropriating Necessary Funds to Implement,for Fiscal Year 2013-2014, the Provisions of the Memorandum of Understanding(MOU)between Salt Lake City Corporation and American Federation of State,County,and Municipal Employees Local 1004, Representing Eligible Employees Pursuant to the Collective Bargaining and Employee Representation Joint Resolution Dated March 22, 2011 An ordinance appropriating necessary funds to implement,for Fiscal Year 2013- 2014,the provisions of the Memorandum of Understanding(MOU)dated effective June 23, 2013,between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004,representing eligible employees,pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011. (0 13-12) h. Ordinance:Appropriating Necessary Funds to Implement for Fiscal Year 2013-2014, the Provisions of the Memorandum of Understanding(MOU)between Salt Lake City Corporation and the International Union of Police Associations Local 75, Representing Police Officers in the Salt Lake City Police Department An ordinance appropriating necessary funds to implement,for Fiscal Year 2013- 2014,the provisions of the Memorandum of Understanding(MOU)between Salt Lake City Corporation and the International Union of Police Associations Local 75, representing Police Officers in the Salt Lake City Police Department,dated on or about June 20, 2012. (0 12-14) i. Ordinance:Appropriating Necessary Funds to Implement,for Fiscal Year 201:1-2014, the Provisions of the Memorandum of Understanding(MOU)between Salt Lake City Corporation and the International Association of Firefighters Local 1645, Representing Firefighters and Fire Captains in the Salt Lake City Fire Department An ordinance appropriating necessary funds to implement,for Fiscal Year 2013- 2014,the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 1645, representing Firefighters and Fire Captains in the Salt Lake City Fire Department, dated on or about June 20, 2012. 5 Salt Lake City Council Agenda Tuesday,June 4, 2013 (0 12-15) j. Ordinance:Amending the Salt Lake City Consolidated Fee Schedule to Modify Various Fees An ordinance amending the Salt Lake City Consolidated Fee Schedule to modify various fees included therein. (0 11-9) k. Ordinance: Providing for Imposition of a Fee to Offset Attorney's Fees Incurred in Small Claims Matters An ordinance enacting Section 2.75.040,Salt Lake City Code,to provide for the imposition of a fee to offset attorneys fees incurred by the City in small claims proceedings. (0 13-14) 1. Ordinance: Providing for Imposition of Credit Card Surcharges on Financial Transactions Involving the Use of a Credit Card An ordinance enacting Section 3.16.03o,Salt Lake City Code,to provide for a surcharge on financial transactions involving the use of a credit card. (0 13-16) m. Ordinance: Providing for a Fee to Offset City Costs Incurred in the Collection Process An ordinance providing for an administrative fee intended to offset City costs incurred in collection of past due debts. (013-13) n. Ordinance: Providing for a Periodic Adjustment to the Salt Lake City Consolidated Fee Schedule and Other City Charges An ordinance enacting Section 3.02.030,Salt Lake City Code,to provide for an annual adjustment to the Salt Lake City Consolidated Fee Schedule in accordance with the Consumer Price Index. (0 11-9) o. Ordinance: Providing for the Late Payment Penalties and Interest on Past Due Indebtedness An ordinance enacting Section 3.16.040,Salt Lake City Code,to provide for late payment penalties and interest on indebtedness to the City that is more than 3o days past due. (013-15) p. Ordinance: Enacting a Parking Exemption for Official Vehicles An ordinance enacting Section 12.56.590,Salt Lake City Code, relating to a parking exemption for certain official vehicles. (013-17) q. Ordinance:Amending Picnic Facility Reservation Fees An ordinance amending Section 15.16.o2o,Salt Lake City Code,relating to picnic facility reservation fees. (013-18) r. Ordinance:Amending Procedures and Fees Relating to Vehicles with Outstanding Parking Tickets;Towing,Impound,Storage, and Booting Fees; and Hearings Concerning Impoundment 6 Salt Lake City Council Agenda Tuesday,June 4, 2013 An ordinance amending Section 12.96.020,Salt Lake City Code,relating to vehicles with outstanding parking tickets; Section 12.96.025,Salt Lake City Code,relating to towing,impound,storage,and booting fees; and Section 12.96.090,Salt Lake City Code,relating to hearings concerning impoundment. (0 io-14) Staff Recommendation: Close and consider options. BUDGET RELATED ORDINANCES RELATED CITY COUNCIL STAFF REPORTS D. POTENTIAL ACTION ITEMS 1. Ordinance: Budget Amendment No.4 for Fiscal Year 2012-2013 Consider adopting an ordinance amending Ordinance No. 60 of 2012,which adopted the final budget for fiscal year 2012-2013 and Ordinance No. 58 of 2012,which adopted the final budget for the Library. Budget amendments happen several times each year to reflect adjustments to the City's budgets.This proposed budget amendment includes adjustments totaling $6,176231.24 relating to general obligation bonds,the Public Utilities water budget,and the Streetcar budget among other items. (B 13-7) Staff Recommendation: Consider options. 2. Ordinance: Michael Lobb 1321 South Soo East Zone Amendment Consider adopting an ordinance that would amend the CN-Neighborhood Commercial zoning of property located at 1321 South 50o East to remove covenants,conditions and restrictions (CCRs)linked to zoning of the property.This would allow the applicant to demolish the existing building and construct a mixed use residential/office building.Although the applicant has requested amending the CN-Neighborhood Commercial zoning to remove the CCRs, consideration may be given to rezoning the property to another zoning district with similar characteristics.Petitioner: Michael Lobb; Petition No. PLNPCM2o12-00588. (P 13-5) Staff Recommendation: Consider options. E. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Comments to the City Council. (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes.) F. NEW BUSINESS: (None) G. UNFINISHED BUSINESS: 1. Resolutions: Parley's Trail Phase IV—The Draw and Parley's Trail through Hidden Hollow Park Interlocal Agreements with Salt Lake County. Consider adopting two resolutions related to Parley's Trail: • An interlocal cooperation agreement between Salt Lake City and Salt Lake County relating to the design and construction of Parley's Trail Phase IV—The Draw. (C 13-goo) 7 Salt Lake City Council Agenda Tuesday,June 4, 2013 • An interlocal cooperation agreement between Salt Lake City and Salt Lake County relating to construction of Parley's Trail though Hidden Hollow Park and ongoing maintenance of the project elements. (C 13-301) Staff Recommendation: Adopt. 2. Resolution: Authorizing the Issuance and the Sale of Tax and Revenue Anticipation Notes, Series 2013 Consider adopting a resolution authorizing the issuance and sale of not more than $21,000,000 Tax and Revenue Anticipation Notes,Series 2013;delegating authority to certain officials and officers of the City to approve the final terms and provisions of such notes; and providing for related matters. (Q 13-7) Staff Recommendation: Adopt. 3. Resolution:Approving the Issuance and Sale of up to $io,000,000 Lease Revenue Bonds of the Local Building Authority of Salt Lake City Consider adopting a resolution approving the issuance and the sale of up to $io,000,000 aggregate principal amount of lease revenue bonds of the Local Building Authority of Salt Lake City,Utah; authorizing the execution and delivery of certain related documents and providing for related matters. (Q 13-4) Staff Recommendation: Adopt. 4. Local Building Authority of Salt Lake City, Utah The City Council will consider a motion to recess as the City Council and to convene as the Board of Directors of the Local Building Authority. a. Minutes The Board of Directors of the Local Building Authority will approve the meeting minutes of Tuesday,May 21, 2013. (M 13-10) Staff Recommendation: Approve. b. Resolution: Local Building Authority—Authorizing the Issuance and Sale of Lease Revenue Bonds to finance a new library Consider adopting a bond resolution authorizing the issuance and sale of lease revenue bonds of the Local Building Authority of Salt Lake City, Utah,in the aggregate principal amount specified in the resolution,for the purpose of financing a portion of the cost of acquiring,constructing and improving a new library, authorizing the execution and delivery of certain related documents and providing for related matters. (Q 13-4) Staff Recommendation: Adopt. The Board of Directors will consider a motion to adjourn as the Board of Directors of the Local Building Authority and reconvene as the City Council. 8 Salt Lake City Council Agenda Tuesday,June 4, 2013 H. CONSENT: 1. Ordinance:Annual Assessment for Lighting District No. 1 (Loi) Consider adopting an ordinance approving an assessment list and levying an annual assessment upon property in Salt Lake City,Utah,Lighting District No. 1 known as Loi; establishing the effective date of the 2013 Assessment Ordinance; providing for a procedure to contest an assessment and related matters.The revenue generated by the levy will be used to pay the residents'share of operating,maintenance and electrical energy costs of the lighting district. The City pays 25% of the annual expenses for the district($28,076.33),while residents pay the remaining 75% (84,229).This is an annual process. (Q 13-6) Staff Recommendation: Adopt. 2. City Treasurer, Marina Scott Consider approving the appointment of Marina Scott to the position of Salt Lake City Treasurer. (I 13-16) Staff Recommendation: Approve. 3. Board Appointment: John McCarthy,City&County Building Conservancy and Use Committee Consider approving the appointment of John McCarthy to the City&County Building Conservancy and Use Committee for a term extending through July 24th, 2017. (I 13-9) Staff Recommendation: Approve. I. ADJOURNMENT: CERTIFICATE OF POSTING On or before 5:3o p.m. on May 31, 2013,the undersigned,duly appointed City Recorder,does hereby certify that the above notice and agenda was(1)posted on the Utah Public Notice Website created under Utah Code Section 63F-1-7o1,and(2)a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDI L. MANSELL,MMC/CRM SALT LAKE CITY RECORDER Final action maybe taken in relation to any topic listed on the agenda,including but not limited to adoption,rejection, amendment, addition of conditions and variations of options discussed. Access agendas and supporting documentation to agenda items at http://council.slcgov.com/agendas/default.htm *Open City Hall is an online discussion forum for topics on which the City is seeking the Public's input.Items that are listed as Open City Hall topics may be found at: http://www.slcgov.com/opencityhallf. 9 Salt Lake City Council Agenda Tuesday,June 4, 2013 In accordance with State Statute,City Ordinance and Council Policy,one or more Council Members may be connected via speakerphone.After 5:oo p.m.,please enter the City&County Building through the main east entrance. Notice of Special Accommodations in Compliance with the Americans with Disabilities Act: • Please make requests for reasonable accommodation at least three working days prior to Council meetings by calling the City Council Office at 8o1-535-7600. • The City and County Building is an accessible facility with an entrance located on the street level just south of the east stairs. 10 SCHEDULE 2 NOTICE OF ANNUAL MEETING SCHEDULE DMWEST#9753918 v2 A-3 2013 Assessment Ordinance SALT LAKE CITY CORPORATION NOTICE OF 2013 ANNUAL MEETING SCHEDULE OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH Public Notice is hereby given that the 2013 Annual Meeting Schedule of the City Council of Salt Lake City, Utah, shall be as follows : COUNCIL BRIEFINGS/WORK SESSIONS are held at 2 : 00 p.m. in the Salt Lake City Council Committee Room, City and County Building, 451 South State Street, Room 326, Salt Lake City, Utah, before each Formal Council Meeting and on the second Tuesday of each month, with the following exceptions : 1 . March, July and June, when a Work Session will be held on the third Tuesday of the month rather than on the second Tuesday, 2 . May, when additional Work Sessions are tentatively scheduled for the fourth and fifth Tuesdays (as needed for budget) , 3 . June, when two additional Work Sessions are tentatively scheduled for the first and second Thursdays (as needed for budget) . Work Sessions may be continued following a Formal Council meeting. FORMAL COUNCIL MEETINGS are held at 7 : 00 p.m. in the Salt Lake City Council Chambers, City and County Building, 451 South State Street, Room 315, Salt Lake City, Utah, on the first and third Tuesdays of each month, with the following exceptions : 1 . March, April and October, when meetings will be held on the first and fourth Tuesdays of the month, 2 . June and December, when meetings will be held on the first and second Tuesdays of the month, 3 . July, when meetings will be held on the third and fifth Tuesdays of the month, 4 . August, when meetings will be held on the second and third Tuesdays of the month, 5 . November, when meetings will be held on the second and third Tuesdays and one meeting is tentatively scheduled for the fourth Tuesday. *Additional Council Briefings/Work Sessions and Formal Council Meetings may also be held on other Tuesdays . If so, notice will be provided at least 24 hours in advance of the meeting as required by State law. All meetings of the City Council are open to the public unless closed pursuant to Sections 52-4-204 , 52-4-205, 52-4-206 and 78B-1-137, Utah Code Annotated. A written agenda of each open meeting will be posted at the Salt Lake City Council Chambers, City and County Building, 451 South State Street, Room 315, Salt Lake City, Utah, 24 hours in advance of such meeting and can be found at http: //council . slcgov. com/agendas/default .htm In accordance with State statue, City ordinance and Council policy, one or more Council Members may be connected via speakerphone . Meetings in addition to those specified herein may be held or canceled by the City Council as circumstances may require, subject to applicable public notice requirements . A sound system for the hearing impaired is available and can be obtained for all public meetings . Please call 48 hours in advance of a meeting for this service . Assistive listening devices are available on Channel I . The City will also make arrangements for sign language interpreters . Please allow 72 hours advance notice for this service. TDD number 801-535-6021 . Cindi L. Mansell City Recorder Posted: November 20, 2012 Publish: December 31, 2012 9001367929 Sent to NAC 11-20-12 EXHIBIT B ASSESSMENT LIST (Available for review at the offices of the City Recorder or City Engineer) DMWEST#9753918 v2 B-I 2013 Assessment Ordinance Salt Lake City, Utah June 4, 2013 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, June 4, 2013, 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: Kyle LaMalfa Chair Jill Remington-Love Vice-Chair Soren Dahl Simonsen Councilmember Charlie Luke Councilmember Carlton Christensen Councilmember Luke Garrott Councilmember Stan Penfold Councilmember Also present: Ralph Becker Mayor Edwin P. Rutan, II City Attorney Cindi Mansell 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 June 4, 2013, meeting, a copy of which is attached hereto as Exhibit A. The Chair then noted that the Council is now convened in this meeting for the purpose, among other things, of adopting an ordinance levying assessments (the "Ordinance") for Salt Lake City, Utah Lighting District No. 1 (now known as "District L01"). The Chair noted that a board of equalization and review had held hearings with respect to the assessments to be levied pursuant to the Ordinance on August 3, 4 and 5, 2010, and pursuant to Section 11-42-401(7), the Council is authorized to levy assessments for District LO1 to pay the operation and maintenance costs of District L01. The following Ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember Garrett and seconded by Councilmember Penfold, was adopted by the following vote: AYE: Unanimous NAY: None DMWEST#9753918 v2 2013 Assessment Ordinance 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: DMWEST#9753918 v2 2 2013 Assessment Ordinance