104 of 1968 - Amending Title 25, by adding Chapter 20, providing for creation, organization, functions and duties ROLL CALL
VOTING Aye Nay Salt Lake City,Utah, December 31 ._ 196__$..
Barker . . . . ✓
I move that the Ordinance be pas$ed.
Catmull /
Garn . . . .
Harrison . .
Mr. Chairman . /-
AN ORDINANCE
Result . . .
AN ORDINANCE AMENDING TITLE 25 of the Revised Ordinances of Salt Lake
City, Utah, 1965, by adding thereto a new chapter to be known as Chapter
20, relating to the creation, organization, functions and duties of a
Committee On Historic Buildings to assist the Board of Commissioners of
Salt Lake City in carrying into effect the intent, purpose and powers
conferred upon Salt Lake City under the provisions of Chapter 18, Title
11, Utah Code Annotated 1953, enacted by Chapter 178 of the Laws of Utah,
1967.
Be it ordained by the Board of Commissioners of Salt Lake City, Utah:
SECTION 1. That Title 25 of the Revised Ordinances of Salt Lake City,
Utah, 1965, be, and the same hereby is, amended by adding thereto a new
chapter to be known as Chapter 20, relating to the creation, organization,
functions and duties of a committee on Historic Buildings to assist the
Board of Commissioners of Salt Lake City in carrying into effect the intent,
purpose and powers conferred upon Salt Lake City under the provisions of
Chapter 18, Title 11, Utah Code Annotated 1953, enacted by Chapter 178
of the Laws of Utah, 1967, to read as follows:
"CHAPTER 20
"COMMITTEE ON HISTORIC BUILDINGS
"Sec. 25-20-1. Committee On Historic Buildings created. There
is hereby created a Committee On Historic Buildings, hereinafter
referred to as the Committee to encourage the preservation of
buildings of historic interest in the city of Salt Lake, said build-
ings being among its most important cultural, educational and
economic assets, and so that they shall not be lost through expan-
sion or change of commercial or other activity in the city, and so
that the preservation of the remaining buildings and sites of
historic interest should be encouraged for the use, observation,
education, pleasure and general welfare of the people.
"Sec. 25-20-2. City Commission to appoint committee. In further-
ance of the purposes expressed in the foregoing section, the City
Commission shall appoint a committee of five persons to be known as the
Committee On Historic Buildings, which shall at all times be composed
of the following members who shall be qualified voters of the
104
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city and, with the exception of the member of the city planning
commission, shall hold no other office of profit under the city
government, the same to be chosen from the following societies
or organizations:
"(1) One member of the city planning commission, here-
inafter referred to as the planning commission;
"(2) One member from the historical societies of the city;
"(3) One member from the American Institute of Architects
(Utah chapter);
"(4) One member from the Utah Heritage Foundation;
"(5) One member shall be a citizen at large.
"Sec. 25-20-3. Vacancies and compensation. Term. The term
of the committee members shall be for three years; provided,
however, that the terms of the first committee members shall be
as follows: (a) One member - one year; (b) Two members - two
years; (c) Two members - three years.
"Vacancies shall be filled by the Commission by appointment for
any unexpired term or for the full term as the case may be. Members
of the Committee shall serve as such without compensation.
"Sec. 25-20-4. List of historic buildings to be made and filed.
The Committee as a whole shall make an official list of all existing
buildings in the city which it deems to be of historic interest
because of architecture, period of construction, persons who have
resided or events which have occurred therein, or for other appro-
priate historic reasons. Such list shall briefly describe each
building, the date of its construction as nearly as can be ascer-
tained, the reasons for including it in such list and the name and
address of its present owner as shown on the records of the County
Recorder of Salt Lake County. The Committee shall file such list
and any subsequent amendments or additions thereto which may be
made from time to time with the planning commission and shall file
a copy thereto with the City Recorder, and the City Engineer.
"Sec. 25-20-5. Official marker. The Committee shall design
an appropriate marker bearing the seal of the city and the words
"Historic Building" and shall invite each owner of an historic
building as enumerated on such official list to display thereon an
official marker. A copy of this ordinance shall be mailed to each
owner so invited.
"Sec. 25-20-6. Agreement with owner. If the owner agrees to
display an official marker, he shall signify his acceptance of the
conditions and provisions of this ordinance by executing an agree-
ment in a form approved by the city attorney, which shall contain
a provision for a prior right to purchase on behalf of the city in
the event the owner elects to sell, dispose of or demolish his
property, a copy of which shall be then filed with the planning
commission, the city recorder and the city engineer.
"Sec. 25-20-7. Markers to be erected and maintained. Upon
receipt of such agreement, properly executed, the city engineer
shall cause to be erected and shall thereafter maintain an official
marker on or adjacent to such building upon which shall be inscribed
the date of construction of the building and pertinent information
as to why it is of historic interest.
4
-3-
"Sec. 25-20-B. Costs - how paid. The cost of making, inscrib-
ing, installing and maintaining such official marker shall he paid
out of the appropriation for street signs unless there are adequate
funds in the Historic Buildings Trust Fund to pay for such services
and items.
"Sec. 25-20-9. Permit required to demolish or alter. The owner
of an historic building who agrees to the display of an official
marker shall not move or remove the marker from the building nor
demolish the building, nor alter its structural exterior appearance
without first making application to the city engineer for approval
of such action. Such application shall be made in writing by the
owner of the building to the city engineer on forms prescribed by
the city engineer. The application shall immediately be forwarded
to the Committee for its investigation, report and recommendations.
Copies of the application shall also be immediately furnished to
the planning commission.
°Sec. 25-20-10. Owner to be notified within 30 days. Within
thirty days from the date on which the application was made to the
city engineer, the Committee shall notify the owner of its decision
and shall file its report and recommendations with the city engineer.
"Sec. 25-20-11. Recommendations of Committee to be filed with
city engineer. In the event the report and recommendations of the
Committee is to deny the application, it shall also recommend
whether or not the building should be purchased, leased or otherwise
acquired by the city. Upon receipt of same, the city engineer shall
immediately forward said report, together with any comments which
he may deem appropriate, to the city recorder for transmittal to the
City Commission at its next regular meeting.
"Sec. 25-20-12. Six month waiting period. In the event the
report of recommendation of the Committee is to deny the application,
the city engineer shall also notify the owner that the report has
been referred to the City Commission and further notify the owner
not to remove the official marker, nor demolish nor alter the exterior
structural appearance of the building for a period of six months
from the date the application was filed with the city engineer unless
decided by the City Commission, as herein provided.
"Sec. 25-20-13. Permit not to be issued until decided by Com-
mission. Unless the Committee shaould approve the application, the
city engineer shall not issue a permit to demolish or change the
exterior structure of the building until the matter shall have been
finally determined and decided by the City Commission in accordance
with the provisions herein provided.
"Sec. 25-20-14. City Commission shall decide whether to purchase
or otherwise acquire. Upon hearing of the report and recommendations
of the Committee, the City Commission shall determine whether the
building should be purchased, leased or otherwise acquired, including
the e ercise of the City's rights and powers of eminent domain.
"Sec. 25-20-15. City shall negotiate with owner. During the
six month waiting period as provided in Section 12 above, the City
shall negotiate with the owner for the purchase or lease of said
property or shall commence action to acquire said property under its
powers of eminent domain.
"Sec. 25-20-16. Agreement to be reached or legal action to be
commenced. If the City and the owner shall fail to reach agreement
upon the purchase and sale or lease of the building and property
10 L1
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within said six month waiting period and if the City fails to
commence court action under its powers of eminent domain prior
to the expiration of the six month waiting period, this chapter
shall be of no force or effect with regard to said property and
the owner may sell, lease, remodel, demolish or otherwise alienate
said property regardless of the natters herein provided.
"Sec. 25-20-17. Violation - penalty. Any person, whether owner,
contractor or otherwise, who causes or participates in the defacing
or removal of an official marker or in the demolition or alteration
of a building in violation of the provisions of this ordinance
shall be guilty of a misdemeanor and may be fined not less than
one hundred dollars and not more than two hundred ninety-nine dollars,
or may be imprisoned for a term of not less than ten days and not
more than six months, or may be punished by both such fine and
imprisonment; provided, however, that to be found guilty hereunder,
it shall be proved that such person knows or has reason to know or
believe that such building is an historic building as set forth
herein.
"Sec. 25-20-18. Owner defined. The word "owner" as used herein
shall mean owners if there be more than one and shall also mean
equitable as well as legal owner.
"Sec. 25-20-19. Authorization to display marker - violation a
misdemeanor. Any person, firm or corporation who displays or causes
to be displayed, without authorization of the committee hereunder,
an official marker or an imitation of an official marker, on any
building shall be guilty of a misdemeanor, and each day's violation
of this section shall constitute a separate offense.
"Sec. 25-20-20. Gifts, devises and bequests. All persons
interested in the preservation of historic buildings in Salt Lake
City are invited to make gifts, devises and bequests to the City to
be used for such purpose. All such funds shall be subject to
acdeptance by the City Commission and shall be deposited in a
special fund to be known as the Historic Buildings Trust Fund and
shall be used only for the purpose of preserving and promoting the
preservation of historic buildings in the city. Expenditures for
such fund shall be made by the city treasurer as authorized from
time to time by the City Commission.
"Sec. 25-20-21. Savings Clause. If any provision of this
ordinance is declared to be invalid, the remaining provisions shall
not be affected and shall continue to be in full force and effect."
SECTION 2. In the opinion of the Board of Commissioners it is neces-
sary to the peace, health and welfare of the inhabitants of Salt Lake City
that this ordinance become effective immediately.
SECTION 3. This ordinance shall take effect upon its first publi-
cation.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
31st day of December , 1968.
(SEAL) )�
BILL NO. 104 or 1968 ji / (
Published January 8, 1969 � vt
/
�00 MAYOR
AON•alM
•
Legal Notices
NOROINANCE Affidavit of Publication
M,e%% OINA,,N E AMENDING
d ttilk 11 A °dv p4ate be
k e h pt r rrlaune to the
• dtl10 f RC iltl tO IHIt I
Buildings toassist theBoard t
rr {Splt Lake t 1y 1nAH
C Yi Into o kS ih I t,¢'ir
p,e,and powers sGnlerr.etivplpon Spl1 SS.
el OhaPte it 19,u"T1fte 1h11,R Utah Code .ake
AnnotaI ed toot en lea by Cli Pler
A I17B of It Laws of Utah,1967.
Be itordained by the Board of i L',,,3r
s. Commissioners of Salt Lake Clly,
1_Utah'
N 1.That
S tel
DI Revised 1OOrdinances Tot°Salt ofLake
e City Utah,1965,be,and the
ndhereb^is,amended y adding 1heu51
to a chapter to e known Being first duly sworn,deposes and says that he is legal adver-
e organization,� rfunctions and dni eii°of. ti•sing clerk of the DESERET NEWS, a daily (except Sunday)
a Cnmm,llee on Hisfu•Ic"''''n0a to
aasrsr 1"°eoaro dr commissioners o newspaper printed in the English language with general cir-
,se,Lake C,ty to carrying Into effect
.the intent,purpose a.powers c ciliation in Utah, and published en Salt Lake City, Salt Lake
'erred upon Salt Lake City der the,
previsions f Chapter IS,under
11,1 County, in the State of Utah.
I,Utah Code•Annotated 1953,enacted
.y /
..by Chapter 178ot the Laws of Utah,.
, 1967,to read as ollows:
COMMITTEEP oh HISTORIC That the legal notice of which a copy is attached hereto
BUILDINGS
"Sec.''5-20-1.Committee On His.
g (uric Buildings created. There Is
hereby c created a ommittee On 3a t Lola: (.S i;;e _.;),1 o :it)i.! co! 1960
Ntric Buildings,hereinafter r -'
forced to s the Committee,to en.'
courage the preservation of band- ii11 L 1,-.1'7un1e, rnl_a'f:l no ,o tf::; cre,it'
s f IsioNo Interest in the city ,L�11�
.ofrSail Lake City,saki buildings being -- s
educational rImportant cultural, .
I and,so OW theyshall economic assets,lost firg)'l1'z:'.;1;0e ,l,ncticns , IlLrtico oS 601 ni.1atc through pans.on orchange of
ity,and ih t preservationthe __—
r the f q b„re'n should Cal ;i;n sic 13u.:i1 ei,los 3 I. of f historic e -
ou aged for the hs observe -- -
C education,0n, sure a d per,
,t-oral welfare of Me people.
a"Spec.noerm.City Commission to
of the purPeses ere. r to iltin the
zth essetl In the
.I foregoing section, the committee
ittee t�
is on hall appoint inn tee ,l^C1 U�.,r ll
: i time persons to be known Bit the was published in said newspaper on , 1969
Committee On Historic Buildings.
I which all at all times hem
posed of the following members
who shall he qualified voters of
the cityexception of I • -
-
I the mber with
theCcity noplanoning --—-
mission, shall hold
office e of profit coder rho ty Ihc.
Y,the sameto be chosen
.I from the following societies - —_---- �-
9amaationf:
I "Ill One member of the fly r 7 j
mhnring ma mission, hereinafter I c r L `
referred to s the planning c
"i2) One ember Nom the
,'legal Advertising Clerk
hismnial s of the city:
"(3) One member from the
American•Institute of Architects
i(Uth ChOne
(4) One umber from the
I Utah Heritagenm Foundation;
(en One emer hall be a
„INS)
of -rgo. -t19 day of
oa. vas sworn to before me this
compensation.Term.The'termapd
the committee members shall be
for three years; provided,howev.
err.that the terms of the first c m I,"i _ A,D. 19 69
itlee t bers stag be as fol. ----- •
lows: (a)One
member
Year; (b) Two members — two
' years;(c)Two members—three
i years..
vacancies shall be tilled b the j
I aCommission by appointment y for
term as
farm for the full • c Z�ij
u s the case av be. Mime. - ,�
bers of the Committee shall
a r"without compensation. Notary Public
"Sec. .20.4. List of historic
I'' buildings to be made and tiled.
The Committee as a whole shalt
2 make an official list of all existing
el deuimels 10 be nflhestoriu,ipity etriod bet
01'architecture, period of
-I.construction,opersons who have
s;detl events which have o c-
' prime historlic reasons.Ihar Pero.IEx tree
I shall briery descre acn`buiild. P
ing,the date of ifs construction a
•nearly as an be ascertained,the
CBI r s, for`inclading tin silo list cl 7.�''(2 ar0 ire nt weer as ddess f he
Pecoeas owner
`
aUalf'Lake County.Thr RComml ere
shall the such list and any hse-
_ the elt0 which Teaya be'made'from
o. f,me to time with the planning
e, commission and shall tile a copy
?.I}hereto with the City Recorder,
and the City Engineer,
1.04
"Sec. 25.20.5. Official marker
In,The COmmillec shall designan.- -- —
p P le marker bearing the
eal
1 the city and the rds"Historic legal Notices bequests.S 25.22 200.Gifts,devises
na
Building' andshall t nin
f h 1 budding king PPI alien Tb theil? I the P at hitterbu Id•
enumer cif ociai rsi to
���((��}}'' u 1 k CityInvled
tl:p yell -ted on of c I k 11 e5dcn hppflHV ..shall b I tke Thegifts,
to b used and
A copy f this d' h I:b Matl aI rift B ty-tit r.of! h bequests purpose.All h funds shall
'I d 1 W. invited thebuilding 1 theoily.engineer
or
115� "Sec. 252Sfi Agreement V I forms presc:bed by the city ehal-I b subteen f acceptance by the
r.If the owner'agrees to dos-' nee.The leewaati°"-shll i e City Commission and hall be de.
play at official marker,he shall watery be ltrwardktigat the Corn- posited to special fund to be
nI 1^onsf signify hisacceptance 01 the condn n teeefor Its Investigation,report known as the Historic BuSdIngs
any
rovisions Of his oral. and recommendations. Copies of for the purpose t Fund and stall be
ervsied only
nonce by executing agreement he application shall also be Imme- ° ^
approved byn!he city oh •dlatteellys furnished to the planning Promoting the preservation of hls-
fornny,which shall contain a pro eo slon. his-
toric buildings i the city.Expend.
Ono a prior right to purchase "Sec.2520.10,Owner to be oti- -tunes for such fund shall be made
tn Ibehalf of the fly;n the eventfled within 30 days.Within thirty by the city treasurer authorized ized
he owner Ices to sel,dispose f days rom the date on which the from time to time by the City l
demolish his properly, copy pa.cation made to the cityCommission,
1 of which shot'be then tiled w.th engneer,therComm'ilee shall no i- Sec.25.20.21.Savings Clause.If•
,I the planning commission,the city afy the owner of its decision and any re provisionof this ordinance is
recorder and the city ngineer, shall tale ifs report and:teen. n- declared to e-invalid,te r
t,erected
a5.20.7. Markers to be lotions Min the City engineer, logd prnvaillOnsn l nu shall
e not
to be affected
e tetl d maintained. Upon 'Sec. ittee1i. Recommendations n s c m
agreemg f,proper. of Committee to be filed with city force d effect."
•I ly full 1
cexecuted,tlthe city engineer shall fl . In the event the report SECT/ON 2.In the opinion of the!
to be erected and shall antllne recommendations of the Corn- Board of Commissioners it is
thereafter maintain officialare to deny the aPPlicalirn, s y fo Inc peace,health and wet-!
Marker on or adjacent to such I it MinnIshalalso commend whether fare of the inhabitants of Salt Lake
building upon which shall be or not the building should be our- City that this ordinance become ef-
Inscrlbed the dale of construction c r
chased, leased otherwise Cechy¢Immediately.
01 the building and per-linen,infrr- acquired by the city.Upon r cei➢t SECTION 3.This ordinance hall
malign as to why It is of historic f same, the city engineer¢shall take effect upon its first dpublication.
Interest. of
forward s report, Passed by the Board , Comms•
Sec.25.208.Costs—how paid, together with any comments which sip ens of Salt Lake City,Utah,this
The cost of making,inscribing,Jr- he may deem rtate, to the 31st day of December,1968.
stalling l
and maintaining such 0 recorder corder for,transmittal to the J.BRACKEN LEE,
Col a rker shall he paid o.,l of City Commission at Its next regu- Mayor.
the appropriation for street ions tar meeting. HEAMAN J. NOGENSEN.
unless there are adequate funds in Sec. 25n2ahe' Sixtmonlh wailing (SEALI City Recorder.
e Historic Bullaings Trust Ford Period.in the event to report a ILL NO.It f l060
to pay for such services and tint deny on pof the Committee Publiry¢tl Jan.8, IN-On)
item isclo the application,the cry
"Sec.2520.9.Permit r0gured to engineer shall also notify the
demolish or alter,one owner of h ownerthat the report ties been r
hisfor;c build,w agrees to the (erred to the City Commission and
display of an official marker shall further notify the owner not la
re-
not the e the official marker,nor de-
from the trove or
nor remove demol'lshr th co
e olish nor alter the a lerio sfruc-
building, nor alter its structural I rural appearance of the building
exterior appearance without first I fhe a period
at0 slx 1 tat monthsion from
ho env
decided by the City(Commission,
as herein provided,
"Sec,25-20.13. Permit net to be
Issued until decided by Commis-
sion.Unless the Committee should
approve the application, the cllt
u
engineer shall not t m a per
to demolish or change the exterior
structure of the building until the
matter shall have been finally de-
termined and decided by the,ily
Commission in accordance with`he
provisions herein provided.
"Sec. 25-20.1.1. City Commission
shall decide whether to purchase
otherwise acquire.Upon hearing
or the report and recommendations
of the Committee, ity Com-
mission
halt determine whether
the wilding shoud be purchased,
leased otherwise red,
including or
° of the City's
rights and powers af eminent
domain,
"Sec. 2520.15.City shall negoti-
ate with owner. During the s
month waiting p riod a provided
n Section 12 above,the Cityshall
negotiate with the owner ter one
rchase or lease of said property
or quire rroperly under mence nits pow-
of sC tint domain.
Pow-
ers 25-20-16. Agreement to be
ached or legal al n to be com-
menced,If the City and the owner
hall fail to reach agreement upon
the purchase and sale or lease of
the building and property within
If(hIGiaihtoioened the courtwailing
action under its powers of eminent
domain prior to the expiration of
the
six-month
be waiting noerfoorcet this
effect with regard to said property
and the owner may sell, lease,
model,demolish or otherwise ali-
enate mattes property
pri regardless of
"Sec.25 violation—penal-
ty. Any person, whether owner,
contractor or olnerwlse,wllp causes
or articipates n the defacing
or removal of a °fficlat marker
or n the demolition.or alteration
of a building le violation of the
provisions of this ordinance shall
be guilty of a misdemeanor and
may he fined not less 1a one
hundred dollars and not m e than
Iwo hundred n heir-nne aollars,°
may ee imprisoned for a term of
not less than ten days and not
mere than six months,or
a y be
punished by both such fine and
imprisonment;
lbeefonnorovided, however,
it shall be Droved gthatysuch person
knows or has reason tocknoow so
believe that uch saslidlSQ is r
herein. building 1 forth
herein.
Thee w rd2"owner8."
Owner d herein
shallwmean°w as it s there be
more than p and shall also
e equitable has well as legal
"Sec. 2340.19. Authorization to
display marker—violation a
mi
s-
demeanor. Any firm or
corporation who displays o,causes
to be displayed,yed,wi-houl nesyrdee,
Lion of the committee hereunder,
official marker o imitation
of °nisi, a'kero any
building shalt be guilty of a misdee
and each day, yMauon
meaner,tnic's hall constitute a
senarele section
toy