083 of 2008 - Levying an annual assessment upon property in SLCity Lighting District No. 2 0 08-1
Q 08-10
ORDINANCE NO. 83 of 2008
AN ORDINANCE (THE "2008 ASSESSMENT ORDINANCE")
APPROVING THE ASSESSMENT LIST AND LEVYING AN
ANNUAL ASSESSMENT UPON PROPERTY IN SALT LAKE CITY,
UTAH LIGHTING DISTRICT NO. 2, KNOWN AS L02 ("DISTRICT
L02"); ESTABLISHING THE EFFECTIVE DATE OF THE 2008
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 estimated operation and maintenance
costs of District L02 to provide for street lighting within District L02 have been
determined.
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 Assessment List has been
adjusted to comport with the previous fiscal year's operating experience for District L02
and it includes estimated operation and maintenance costs for the current fiscal year. 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 estimated operation
and maintenance costs.
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 of providing street lighting and the furnishing of
electrical energy within District L02. 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. The property
benefited is all 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
assessments based upon applicable rates established by the energy contract with the City.
Future non-energy operation and maintenance costs 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 2008 Assessment Ordinance for the
purposes herein provided.
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Section 4. Operation and Maintenance Costs; Amount of Total Assessments.
As determined by the office of the City Engineer, the total estimated operation and
maintenance costs for this fiscal year of District L02 are $150,320 of which the City's
portion is approximately $37,580. The remainder of $112,740 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 as adopted by the City Council on August 8, 1995. The
applicable rate for each property was determined based on the operation and maintenance
costs of providing street lighting services and furnishing electrical energy, 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 balances or deficits resulting from the previous fiscal year's
operations
Assessments shall be payable on December 15, 2008 (the "Due Date"). Interest
on assessments shall accrue only after passage of the Due Date 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. The assessment installment shall be
delinquent if it remains unpaid after the Due Date. Any delinquency shall constitute a
default in the payment of the assessment. If a default occurs in the payment of any
installment 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 both
the 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 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 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, the City shall designate a trust fund trustee for purposes of the enforcement
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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 the applicable 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 the delinquent
assessment installments, the property owner pays the full amount of all unpaid
assessment installments that are past due and delinquent with interest at the Delinquent
Rate to the date of payment, plus all approved or required costs, the owner shall then be
restored to the right to pay in installments in the same manner as if default had not
occurred. The owner shall also have the right to make payment in full and receive a
release of the assessment lien.
Section 8. Lien of Assessment. An assessment levied by this 2008
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, 2008, the effective date
of this 2008 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 2008
Assessment Ordinance, or on a earlier assessment ordinance if the delinquency predates
the effective date of this 2008 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. Appeal of Assessment. An owner of property assessed within the
District may, within fifteen (15) days after the Effective Date, file a written appeal with
the City Engineer contesting the equity or justice of his/her assessment. The City
Engineer's office will first attempt to resolve the appeal, but if the appeal can only be
resolved by an adjustment in the amount to be assessed against the property owner, the
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City shall convene a Board of Equalization and Review to consider the appeal and, where
appropriate, make adjustments to said assessment, provided however, that no adjustment
may be made that would result in an increase in said assessment. The City shall report to
the property owner the determination of the Board of Equalization and Review within
five (5) days after its determination is made. If an adjustment is recommended, the City
Treasurer shall note said adjustment on the Assessment List attached hereto. If no
adjustment is made, the property owner may take such additional legal action as provided
in Section 10.
Section 10. 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 2008
Assessment Ordinance.
Such action must be commenced and summons must be served on the City not
later than thirty (30) days after the Due Date of this 2008 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 11. 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 12. 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 2008 Assessment Ordinance.
Section 13. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this 2008 Assessment Ordinance are hereby repealed.
Section 14. Publication of Ordinance and Effective Date. Immediately after its
adoption, this 2008 Assessment Ordinance shall be signed by the Mayor and City
Recorder or Deputy City Recorder and shall be recorded in the ordinance book kept for
that purpose. This 2008 Assessment Ordinance shall be published once in the Deseret
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News, a newspaper published and having general circulation in the City and shall take
effect immediately upon its Effective Date.
Section 15. Notice of Assessment Interest. The 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 (1) state
that the City has an assessment interest in the assessment property, (2) describe the
property assessed by legal description and tax identification number, and (3) 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 the City, this October 14,
2008. .,,
(SEA Sy :max,
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f�� y: W-- LATt/C-----
%I':-. 4. gti?i''' Chair
ATTES .
* City Recorder
APPROVED AS TO FORM
Salt Lake City Attorneys Office
Date /0-20-08
By- r�r.
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on October 7i5j , 2008.
By: `111A"
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved October , 2008.
' alph Becker, Mayor
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STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
I, Scott Crandall, the duly appointed, qualified, and acting Deputy 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 October 14, 2008, insofar as the same relates to or concerns
Salt Lake City, Utah Lighting District No. L02 as the same appears of record in my
office.
I further certify that the 2008 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on October 14,
2008.
IN WITNESS WHEREOF, I have hereunto set my h and affixed the corporate
seal of Salt Lake City this October 14, 2008.
(SEAL) ` '. ,\'° La!„
ft At'• .i�j, , J./,�N y Deputy City Recorder
4���Y`OR pA.i.
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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, Utah, do hereby certify that on November 14, 2008, I caused to be mailed a
Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District
No. 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 42. o-G.c 2 3 , 2008.
(SEA y�KEctT`�N,,
$�_I Y �\+� By n044 4a a
!� ^� ',;w� .� , City Treasurer
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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 2008 Assessment Ordinance levying the special assessments
adopted by the City Council on October 14, 2008, was published one time in the Deseret
News.
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EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Scott Crandall, the undersigned Deputy 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
October 14, 2008, public meeting held by the City Council of the City as follows:
(a) By causing a Notice, in the form attached hereto as Schedule A, to
be posted at the City Council's principal offices at 451 South State Street, Salt
Lake City, Utah, on October 3, 2008, 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 October 3, 2008, at least
twenty-four(24) hours prior to the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
October 14, 2008.
(SE'� E CITY""!. o�
A. ' Uj 1f /� C/ ......
t� i ' N �u x iI Deputy City Recorder
Jt' s
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SCHEDULE A
NOTICE OF MEETING
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EXHIBIT B
ASSESSMENT LIST
(Available for review at the offices of the
City Recorder and the City Engineer)
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Pursuant to the procedures established in the proceedings creating District L02
and the Original Assessment Ordinance, the following assessment ordinance (the "2008
Assessment Ordinance") was then introduced in writing, was fully discussed, and
pursuant to motion duly made by Councilmember Simonsen and seconded by
Councilmember Christensen was adopted by the following vote:
AYE: Unanimous
NAY: None
ABSENT: K. Eric Jergensen Councilmember
The 2008 Assessment Ordinance was then signed by the Chair, presented to and
approved by the Mayor, and recorded by the Deputy City Recorder in the official records
of Salt Lake City, Utah. The 2008 Assessment Ordinance is as follows:
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Salt Lake City, Utah
October 14, 2008
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, October 14, 2008, 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 roll call the following members who constituted a quorum:
Jill Remington-Love Chair
Carlton Christensen Vice Chair
Soren Dahl Simonsen Councilmember
Luke Garrott Councilmember
J.T. Martin Councilmember
Van Blair Turner Councilmember
Also present:
David Everitt Chief of Staff
Edwin P. Rutan, II City Attorney
Scott Crandall Deputy City Recorder
Absent:
K. Eric Jergensen Councilmember
Ralph Becker Mayor
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
October 14, 2008,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 that Salt Lake City, Utah Lighting District No. 2 ("District L02")was
duly created, pursuant to notice and public hearing, on October 10, 1995. The District
L02 was created with notice to all property owners within District L02 that assessments
are to be paid annually when assessed and after passage of the due date set out in the
Notice of Assessment, and that 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. Each year an assessment ordinance has been adopted
to cover actual and estimated costs of District L02 for a twelve(12) month period.
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