075 of 2000 - annual assessment for Special Lighting District No. 2 0 0a 1.
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ORDINANCE NO. 75 of 2000
AN ORDINANCE APPROVING THE ASSESSMENT LIST;
LEVYING AN ANNUAL ASSESSMENT UPON PROPERTY IN SALT
LAKE CITY, UTAH SPECIAL LIGHTING DISTRICT NO. 2 (THE
"DISTRICT"); ESTABLISHING THE EFFECTIVE DATE OF THE 2000
ASSESSMENT ORDINANCE; AND RELATED MATTERS.
BE IT ORDAINED BY THE CITY COUNCIL (THE "COUNCIL") OF SALT
LAKE CITY (THE "CITY"), SALT LAKE COUNTY, UTAH:
Section 1. Determination of Costs. All costs and expenses for providing street
lighting within the District and the reasonable cost of any work to be done have been
determined or estimated for a twelve (12) month period following the effective date of the
assessment described below.
Section 2. Approval of Assessment List; Findings. The Council confirms and
adopts the assessment list,a copy of which is attached hereto as Exhibit"B"and incorporated
herein by reference(the "Assessment List"). The Assessments include estimated operation
and maintenance expenses for the coming year. The Council has determined that the
Assessment List is just and equitable; that each piece of property to be assessed within the
District will be benefited in an amount not less than the assessment to be levied against said
property; and that no piece of property listed in the assessment list will bear more than its
proportionate share of the cost of such improvements or services.
Section 3. Levy of Assessments. The Council hereby levies an assessment upon
the real property identified in the Assessment List. The assessments levied upon each parcel
of property therein described shall be in the amount set forth in the Assessment List as
adjusted.
The assessments hereby levied are for the purpose of paying the costs of providing
for the operation,maintenance and patrolling of incandescent,fluorescent,metal halide and
sodium vapor lamps and the furnishing of electrical energy. It is hereby determined and
established that the property being assessed will be specifically benefited to the full amount
UT DOCS A 1059858 v 1 3
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of the assessment tax hereby levied to cover the cost of operating,maintaining,patrolling and
furnishing of electrical energy. The property benefited is all within the boundaries of the
lots, blocks and streets as set forth in the Assessment List. Unless future modifications
revise the purposes and plans of the District, future assessments will continue to be levied
annually 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 the 2000 Assessment Ordinance for the purposes herein
provided.
Section 4. Cost of Services Improvements; Amount of Total Assessments. As
determined by the office of the City Engineer, the total actual and estimated costs of all
services and improvements for the upcoming year of the District is $166,841.14, of which
the City's portion is approximately$41,710.27. 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 as adopted by the City Council on August 8, 1995. The applicable
rate for each property was determined based on the costs of street lighting services,together
with other related factors,the totals of which are set out in the preceding Section.
Assessments shall be payable on the effective date of this annual assessment
ordinance. Interest on assessments shall accrue only after passage of the due date(the "Due
Date") set out in the Special Assessment Notice to be mailed by the Treasurer to property
owners. The rate of interest accruing on any delinquent assessment shall be the rate allowed
by Utah statute (the "Delinquent Rate")to accrue on delinquent property tax balances. The
whole or any part of the assessment may be paid without interest on or prior to the Due Date.
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Future annual assessments may include adjustments to reflect changes in operation and
maintenance costs and any balances or deficits resulting from the previous year's operations.
Section 6. Default in Payment. The assessment installment shall be delinquent
if it remains unpaid after the Due Date. Any delinquency shall constitute a default of the
payment of the assessment. If a default occurs in the payment of any installment when due,
the City may record a notice (the "Notice of Delinquency") with the Salt Lake County
Recorder. The resulting recording fees for both the filing and the release, shall be added to
the assessment together with accrued interest due and owing. In addition,costs of collection •
as determined by the City Treasurer or required by law shall.be charged and paid on all
delinquent amounts.
If the delinquency continues after the filing of the Notice of Delinquency, the City
Treasurer may determine that additional enforcement action may be appropriate. Prior to
commencement of such enforcement action the City shall give an additional notice (the
"Notice of Default"),in writing,of the default to the owner of the property in default.Notice
of Default shall be effective upon deposit of the notice in the U.S.Mail,postage prepaid,and
addressed to the owner as shown on the last equalized assessment rolls for the City or on the
official ownership records of the City. The Notice of Default may provide for a period of
thirty (30) days in which the owner shall pay the assessment balance then due and owing
together with accrued interest at the Delinquent Rate plus recording costs and other costs as
determined by the City Treasurer. The Notice of Default may also declare that after the
thirty (30) day period the City may bring suit for the total amount due plus costs of the
enforcement action remedy, or the City may elect to commence foreclosure proceedings in
the manner provided for actions to foreclose mortgage liens or trust deeds. In the event the
City elects to foreclose using trust deed procedures,a trustee shall be designated by the City
to serve as trust deed trustee for purposes of the enforcement proceedings. If at the sale no
person or entity shall bid and pay the City the amount due on the assessment plus interest and
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costs, the property shall be deemed sold to the City for these amounts. The City shall be
permitted to bid at the sale.
The remedies provided herein for the collection of assessments and the enforcement
of liens shall be deemed and construed to be cumulative and the use of any one method or
means of collection or enforcement shall not deprive the City of the use of any other method
or means. The amounts of accrued interest and all costs of collection shall be added to the
amount of the assessment up to the date of judgment or,in the case of foreclosure action,the
date of the foreclosure sale.
Section 7. Remedy of Default. If prior to the final date payment may be legally
made under a final sale or foreclosure of property to collect delinquent assessment
installments,the property owner pays the full amount of the unpaid assessment balance with
interest at the Delinquent Rate,plus all approved or required costs,the owner will have the
right to make payment in full and receive a release of the assessment lien.
Section 8. Lien of Assessment. An assessment or any part of it, any interest
accruing and the costs of recording and collection shall constitute a lien against the property
upon which the assessment is levied as of the Effective Date of the 2000 Assessment
Ordinance. Unless the assessment becomes delinquent, no notice of lien will 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 shall be incorporated into a Notice of
Delinquency which will be recorded. Said lien shall be superior to the lien of any trust deed,
mortgage, mechanic's or materialman's lien or other encumbrance and shall be equal to and
on a parity with the lien for general property taxes. The lien shall continue until the
assessment and any interest, penalties and costs on it are paid, notwithstanding any sale of
the property for or on account of a delinquent general property tax, special tax or other
UT_DOCS_A 1059858 v 1 6
assessment or the issuance of a tax deed, an assignment of interest by the governing entity
or a sheriffs 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 the 2000 Assessment
Ordinance.
Such action must be commenced and summons must be served on the City not later
than 30 days after the effective date of the 2000 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 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 property owners in the District. Said
notice shall, among other things, state the amount of the assessment and the date for
payment. A copy of the form of notice of assessment is available for examination upon
request at the office of the City Recorder.
UT DOCS A 1059858 v 1 7 •
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 the 2000 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof in
conflict with the2000 Assessment 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, the 2000 Assessment Ordinance shall be signed by the
Council Chair and City Recorder and shall be recorded in the ordinance book kept for that
purpose. The 2000 Assessment 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.
UT_DOCS_A 1059858 v 1 8
PASSED AND APPROVED by the City Council of the City, this 14' day of
November, 2000.
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UT_DOCS_A 1059858 v 1 9
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or disapproval
on the_day of November, 2000.
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MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this,)/ day of November, 2000.
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UT_DOCS_A 1059858 v 1 10
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
I, Bonnie Ferrin, 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 14'h day of November,2000 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 2000 Assessment Ordinance levying the special assessments
was recorded by me in the official records of Salt Lake City on the day of November,
2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this 14'h day of November, 2000.
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UT DOCS A 1059858 v 1 11
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STATE OF UTAH ) AFFIDAVIT OF MAILING
: ss. NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
I, Daniel Mule,the duly appointed, qualified and acting City Treasurer of Salt Lake
City, Salt Lake County, Utah, do hereby certify that on the day of , 2000, 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 14th day of November, 2000.
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UT DOCS A 1059858 v 1 12
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2000 Assessment Ordinance levying the special assessments which
was contained in the 2000 Assessment Ordinance adopted by the City Council on the 14th
day of November, 2000, was published one time in the Deseret News.
•
•
UT DOCS A 1059858 v 1 13
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EXHIBIT "A"
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I,Bonnie Ferrin,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 14, 2000 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 10, 2000, 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 10, 2000, at least
twenty-four (24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF,I have hereunto subscribed my official signature this 14`h
day of November, 2000.
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UT DOCS A 1059858 v 1 14
SCHEDULE "A"
NOTICE OF MEETING
UT_DOCS_A 1059858 v 1 15
EXHIBIT "B"
ASSESSMENT LIST
[Available for review at the offices of the
City Recorder and the City Engineer]
UT_DOCS_A 1059858 v 1 16
Salt Lake City, Utah
November 14, 2000
The City Council of Salt Lake City, Salt Lake County, Utah met in regular session
on Tuesday,the 14th day of November, 2000 at its regular meeting place at 451 South State
Street, Salt Lake City, Utah. The following members of the City Council were present:
Carlton Christensen Chair
Roger H. Thompson Vice Chair
Keith S Christensen Councilmember
David Buhler Councilmember
Nancy Saxton Councilmember
Van Blair Turner Councilmember
Tom Rogan Councilmember(present by telephonic
conference call)
Also present:
Ross C. Anderson Mayor
Roger F. Cutler City Attorney
Bonnie Ferrin Deputy City Recorder
Absent:
After the meeting had been duly called to order and after other matters not pertinent
to this resolution had been discussed, the City Recorder presented to the City Council a
Certificate of Compliance With Open Meeting Law with respect to this November 14,2000
meeting, a copy of which is attached hereto as Exhibit "A".
Thereupon the following proceedings, among others, were duly had and taken:
It was noted Salt Lake City,Utah Special Lighting District No.2(the"District")was
duly created, pursuant to notice and public hearing, on October 10, 1995. The District was
created with notice to all property owners within the District that assessments are to be paid
annually when assessed. After passage of the due date set out in the Notice of Assessment
UT DOCS A 1059858 v 1 1
mailed by the Treasurer to owners of properties being assessed,interest will accrue on any
unpaid balance until paid. On November 21,1995,Ordinance No.80 of 1995(the"Original
Assessment Ordinance") was adopted by the City Council. In November of each year
thereafter an assessment ordinance was adopted to cover actual and estimated costs of the
District for a twelve month period.
Pursuant to the provisions of the proceedings creating the District and the Original
Assessment Ordinance, the following assessment ordinance (the "2000 Assessment
Ordinance")was then introduced in writing,was fully discussed,and pursuant to motion duly
made by Councilmember Keith S Christensen and seconded by Councilmember Roger
H.Thompson,adopted by the following vote:
YEA: Carlton Christensen
Roger H.Thompson
Keith S Christensen
David Buhler
Nancy Saxton
Van Blair Turner
Tom Rogan
NAY: None
ABSENT: None
The 2000 Assessment 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 2000Assessment Ordinance is as follows:
UT_DOCS_A 1059858 v 1 2