093 of 2012 - Enacting chapter 17.95 relating to street lighting enterprise fund and amending chapter 2.08 0 12-1
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Salt Lake City Ordinance
No. 93 of 2012
(Creating Chapter 17.95 relating to street lighting
enterprise fund and amending Chapter 2.08)
An ordinance creating Chapter 17.95, Salt Lake City Code, relating to street
lighting enterprise fund, and amending Chapter 2.08.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A new Division IV of Title 17 of Salt Lake City Code is created to
include Chapter 17.95 of Salt Lake City Code entitled "Street Lighting System". which is
hereby created to read as follows:
17.95.100: TERMS DEFINED
For purposes of chapter 17.95, of this title, the following words, terms and phrases shall
have the following meanings:
CITY: Salt Lake City Corporation, a municipal corporation of the state.
COMBINED OR DEPARTMENT BILL: is the monthly bill sent to customers by the
department.
COUNCIL: The Salt Lake City council.
DEPARTMENT: The city's department of public utilities.
DEVELOPED PARCEL: Any residential or commercial parcel that has been improved
for use or has water or sanitary sewer service to the parcel.
DIRECTOR: The director of the department, or the director's duly authorized designee.
EQUIVALENT RESIDENTIAL UNIT OR ERU: The unit of measurement of the
magnitude of use of the street lighting system attributable to either a developed or
undeveloped parcel. For non residential service charges, one ERU shall be based upon
the property street frontage, divided by seventy-five (75) fee and rounded to the nearest
positive whole number. An ERU calculation does not apply to residential service
charges.
PARCEL: The smallest separately segregated unit or plot of land which is documented
and given a property serial number by the county. For the purpose of billing multiple
separate but contiguous parcels with one water service, such parcels will be combined for
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the purpose of calculating ERU's and billing.
PERSON: Any individual, partnership, co-partnership, firm, limited liability company,
corporation, association,joint stock company, trust, estate, government entity or any
other entity recognized by law, and any offices, departments, institutions, bureaus or
agencies thereof.
PREMISES: Any building lot, parcel, or portion of land whether improved or
unimproved, including adjacent sidewalks and parking strips.
RESIDENI'IAI, SERVICE: Any parcel of land which is improved with a single, duplex
or triplex "dwelling unit".
STREET LIGHTING FACILITIES: All physical items within the street lighting system,
including but not limited to poles, fixtures, bulbs, wiring, switches, and all other
appurtenances associated with the public street lighting inventory.
STREET LIGHTING SYSTEM: Includes all street lighting assets held by the city that
concern streetlights within the public right of way.
UNDEVELOPED PARCEL: Any parcel that has not been improved and has no uses or
generates no activity.
17.95.200: ESTABLISHMENT OF STREETLIGHTING UTILITY AND
ADMINISTRATION OF STREETLIGHTING FACILITIES:
The street lighting utility has been established pursuant to section 2.08.100 of this code,
and is operated as a separate enterprise fund within the department of public utilities. All
portions of the street lighting system shall be operated, managed and administered by the
director within the street lighting utility. All street lighting assets held by the city that
concern street lights within the public right of way shall be transferred to the separate
street lighting enterprise fund.
17.95.300: SYSTEM OF RATES AND CHARGES:
A. Generally: There are hereby imposed street lighting service fees, rates and charges,
effective for all billing periods after and including January 1, 2013, and thereafter
until further amended. The charges shall fund the administration, planning, design,
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construction, programming, operation, maintenance and repair of existing and future
street lighting facilities.
B. Residential Service Charges: Residential service charges for use of the street lighting
system shall be as shown on the Salt Lake City consolidated fee schedule.
C. Non Residential Service Charges: Non residential service charges for use of the street
lighting system shall be shown on the Salt Lake City consolidated fee schedule. The
charge shall be based upon the property street frontage, divided by seventy-five (75)
feet, or one ERU, and rounded to the nearest whole number. The actual total monthly
service charge shall be computed by multiplying the total I for a parcel by the
monthly rate shown on the Salt Lake City consolidated fee schedule.
D. Nonservice Abatement: The owner of a parcel that is not directly or indirectly
benefited by the street lighting utility and has no active business activity shall be
entitled to an abatement of the service charge for said parcel. In order to receive such
abatement, the owner, or the owner's agent, shall apply, in writing, to the director
pursuant to section 17.95.500 of this chapter.
17.95.400: BILLING AND COLLECTION:
A. Billing: In the case of developed parcels, the department shall cause billings for street
lighting utility services to be sent periodically to the person who has signed for water
and sanitary sewer service to the parcel. The amounts to be billed shall be included on
the existing department bill as a separate line item. In the case of undeveloped
parcels, or properties without public water or sewer services with front footage, a
street lighting only billing will be sent to the owner of the parcel, as shown on the
records of the county recorder.
B. Collection:
1. In the event partial payment is made on a combined bill, the payment shall be
applied first to franchise fees due, and then to each service on a pro rata basis.
2. In the event of delinquency, fees and charges levied in accordance herewith
shall be a debt due the city. If this debt is not paid within thirty (30) days after
billing, it shall be deemed delinquent. The department shall have the right to
terminate water, sewer and other city services to the premises to enforce payment.
Any uncollected amount due from the person or persons who own the parcel on any
inactive, terminated or discontinued account may be transferred to any active
account under the same person or persons' name(s) and, upon failure to pay such bill
after at least five (5) days' prior written notice, water and other city services to that
account and parcel may be discontinued.
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3.Water,sewer_garbage,storm sewer and street lighting service shall not be
restored until all charges have been paid in full.
C.Street Lighting Utility Enterprise Fund:All funds received from street lighting service
charges shall be placed in the street lighting enterprise fund and kept separate and
apart from all other city funds.The collection,accounting and expenditure of all
street lighting utility funds shall be in accordance with existing fiscal policy of the
city.
17.95.500:APPEAL OF CHARGES:
A.Owners of an undeveloped parcel may appeal the charge in writing to the director for
a determination of the appropriate street lighting charge.
B.Any owner or person who considers the city's street lighting charge as applied to a
parcel owned by such person to be inaccurate,or who otherwise disagrees with the
utility rate determination.may apply to the director for a service charge adjustment.
Such a request shall be in writing and state the grounds for such an appeal.The
director shall review the case file and determine whether an error was made in the
calculation or application of the charge and make an adjustment to the charge.if
necessary,to provide for proper application of the city's rates and charges pursuant
hereto.In all cases,the decision of the director shall be final unless appealed.
C.Any appeal of the amount billed under this chapter shall be tiled in writing with the
director no later than twenty(20)days after the billing.Any subsequent appeal shall
be brought within twenty(20)days after the date of the appealed decision.
D.Appeal of decisions made by the director may be brought before the public utilities
advisory committee(PUAC),which may reevaluate the issue raised in the appeal.
Decisions of the PUAC shall be final and conclusive.
F.Nothing in this chapter shall be construed to grant a right to judicial review which does
not otherwise exist at law.
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SECTION 2. Chapter 2.08 of Salt Lake City Code is hereby amended to read as
follows:
2.08.100: DEPARTMENT OF PUBLIC UTILITIES:
A. Functions: The department of public utilities shall have charge of and be responsible
for:
1. The acquisition, transportation, storage, treatment and distribution of all
irrigation, raw and potable water for the city and its designated service areas.
including, but not limited to:
a. All farms and watershed lands, so far as the same affect the water supply of the
city;
b. All water sources from which the domestic supply is or may be taken;
c. All reservoirs, conduits, tanks, and water mains, city fire hydrants located
within the city, and appurtenant equipment and properties;
d. All irrigation gates, dams. flumes, ditches. canals, reservoirs and related
facilities necessary for the proper control and distribution of irrigation water for
which the city is acting as distributing agent, or in connection with any water
exchange agreements to which the city is a party; and
2. Keeping records of the location of all principal gates, dams, flumes, ditches,
canals and reservoirs and water rights owned by the city, which records shall show
the nature of construction, the length and capacity of the principal canals and ditches,
and such other information as may be necessary to enable a proper understanding of
the city's rights from an examination thereof; and
3. The ownership, operation and maintenance of a sanitary sewer utility system
for the collection, treatment, and disposal of wastewater generated within the city,
including the facilities necessary therefor; and
4. The ownership, operation and maintenance of a stormwater sewer utility
system for the collection and disposal of stormwater and floodwaters generated or
collected within the city; and
5. The ownership, operation and maintenance of a street lighting utility system for
providing lighting within the city's right of way.
B. Water Boards, Miscellaneous: The director of the department of public utilities shall
represent the city, if consistent with law, on the various water or sewer boards,
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commissions and similar administering bodies on which the city is entitled to sit by
virtue of state law, contractual agreement or bylaws of such bodies.
C. Enterprise Funds: The water, sanitary sewer, stormwater sewer, and street lighting
divisions of the department of public utilities shall be operated as separate enterprise
funds. The collection, accounting and expenditure of each shall be in accordance with
existing fiscal policies of the city.
SECTION 3. The Council having found that the fees set forth in Exhibit "A" are
necessary, reasonable, and equitable in relation to the regulatory and service costs
incurred by the City, the Salt Lake City Consolidated Fee Schedule dated June 14, 2011
shall be, and hereby is, amended, in pertinent part, to reflect the fees set forth in the
attached Exhibit "A" relating to street lighting fees. The official copy of the Salt Lake
City Consolidated Fee Schedule shall be revised to include the fees set forth in the
attached Exhibit "A" and a copy of thereof shall be published on the official Salt Lake
City website.
SECTION 4. This ordinance shall take effect immediately upon the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 11 day of
December , 2012.
CHAIRPERSO
ATT
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CITY RECORDER
Transmitted to Mayor on December 18, 2012 •
Mayor's Action: X Approved. Vetoed.
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Crr
MAYO APPROVED AS TO FO^i
Salt Lake City Attorneys Office
Date (s/ty r'—
, .." - BY /-______L__I/<____ ____
CITY RECORDER 14� '':-
jCt( .! -
(SEAL) .'
Bill No. 93 of 2012
Published: 12-24-12 .
H 13_ATTY-k27107-v I-Ordinance_Creating_Street_Lighii ng_Enterprise_Fund_12-13-12
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"Exhibit A"
Salt Lake City Consolidated Fee Schedule
STREETLIGHTING
For questions regarding Streetlighting fees contact: 801.483.6700
Service Fee Additional Information Section
Streetlighting Fees
Single family residential, $3.73 Per Month 17.95.300
duplex, and triplex
All other properties $3.73 per ERU Per Month—Minimum bill will be $3.73 per 17.95.300
water account or undeveloped parcel
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