062 of 2014 - 2014 Assessment; Lighting District No. 2, known as District L02. 0 14-1
Q 14-8
ORDNANCE NO.62 of 2014
An ordinance (the "2014 Assessment Ordinance") approving an
assessment list and levying an annual assessment upon property in Salt
Lake City, Utah Lighting District No. 2 known as L02 (the "District
L02");establishing the effective date of the 2014 Assessment Ordinance;
providing for a procedure to contest an assessment;and related matters.
BE IT ORDAINED BY THE CITY COUNCIL (THE "COUNCIL")OF SALT
LAKE CITY(THE"CITY"),UTAH AS FOLLOWS:
Section 1. Determination of Costs. The annual estimated operation and
maintenance costs of District L02 to provide for current street lighting within District
L02 have been determined.
Section 2. Approval of Assessment List;Findings. The Council confirms and
approves the District L02 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 L02
and it includes estimated operation and maintenance costs for the twelve-month period
beginning July 1,2014,and ending June 30,2015(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 L02 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 L02.
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 L02 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 L02. Unless future modifications
revise the purposes and plans of District L02, 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 2014 Assessment Ordinance for the
purposes herein provided.
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Section 4. Operation and Maintenance Costs. As determined by the office of
the City Engineer,the total estimated operation and maintenance costs for District L02
for the O&M Period are $235,493.35, of which the City's portion is approximately
$58,873.35. The remaining $176,620.00 is to be paid from assessments levied upon
property within District L02 as set forth in the Assessment List.
Section 5. Method, Rate,and Payment of Assessment. The total assessment
for District L02 is levied in accordance with the method set out in the Notice of Intention
pertaining to District L02 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 December 15,2014(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
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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 2014
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 December 1,2014,the effective date
of this 2014 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 2014
Assessment Ordinance,or on an earlier assessment ordinance,if the delinquency predates
the effective date of this 2014 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 2014
Assessment Ordinance.
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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 2014 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 L02 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 L02. 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 2014 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this 2014 Assessment Ordinance are hereby repealed.
Section 13. Publication of Ordinance. Immediately after its adoption, this
2014 Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be
recorded in the ordinance book kept for that purpose. This 2014 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 L02 Assessment Ordinance).
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PASSED AND APPROVED by the City Council of th City, this November 18,
2014.
Try CF CITE. Ni•
(SEA 1
* )kR et' * By:
v � Chair
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ATTEST:
7
By: l
City Recorder
APPROVED AS TO FOR',
Salt Lake City Aftorney's Office
Date //—«_,(.
By
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented t. •e or for his approval or
disapproval on this November Z/ ,2014.
B
v Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this No r ,2014.
ifel
Ralph :ecker,Mayor
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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 November 18,2014,insofar as the same relates to or concerns Salt Lake
City,Utah Lighting District L02 as the same appears of record in my office.
I further certify that the 2014 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on November
18,2014.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this November 18,2014.
(SEAL)
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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 Novemberb,2014,I caused to be mailed a
Notice of Assessment to each property owner in Salt Lake City,Utah Lighting District
L02 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 Aluv.,,,bcr ,2014.
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��la City Treasurer
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ORATE
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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 2014 Assessment Ordinance levying the special assessments
adopted by the City Council on November 18,2014,was published one time in The Salt
Lake Tribune.
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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 November 18,
2014,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 November 14,2014,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 November 14,2014,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 2014 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 r'9. y, yory , at the principal office of the City Council, (b)
provided to at least one newspaper of general circulation within Salt Lake City on
Fg4. 44, -sot 4 , 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
November 18,2014.
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4i c' t City Recorder
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SCHEDULE I
NOTICE OF MEETING
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SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
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EXHIBIT B
ASSESSMENT LIST
(Available for review at the office of the City Recorder or City Engineer)
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Salt Lake City,Utah
November 18,2014
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday,November 18,2014,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:
Charlie Luke Chair
Luke Garrott Vice-Chair
Lisa Ramsey Adams Councilmember
Kyle LaMalfa Councilmember
Erin J.Robinson Mendenhall Councilmember
Stan Penfold Councilmember
James Rogers Councilmember
Also present:
David Everitt Mayor's Chief of Staff
Margaret D.Plane City Attorney
Scott Crandall 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
November 18,2014,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. 2(now known as"District
L02"). 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 Utah Code Annotated, Section 11-42-401(7), the Council is
authorized to levy assessments for District L02 to pay the operation and maintenance
costs of District L02. The following Ordinance was then introduced in writing,was fully
discussed, and pursuant to motion duly made by Councilmember Stan Penfold and
seconded by Councilmember Erin Mendenhall,was adopted by the following vote:
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AYE: Unanimous
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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