025 of 2019 - Interlocal: Boundary Adjustments with Millcreek R 19-1
R 19-11
RESOLUTION NO. 25 OF 2019
Interlocal Agreement Between Salt Lake City Corporation and Millcreek Regarding Boundary
Adjustments
WHEREAS Salt Lake City Corporation("Salt Lake City") and Millcreek agree on the
value of collaborating as neighbors, and
WHEREAS elected officials in both municipalities recognize the importance of
precedent, predictable public policy and of preserving stable and reliable boundaries, and
WHEREAS the established boundaries of an entity are a key factor in the stability of that
entity and its constituents, and
WHEREAS Salt Lake City admires and respects the work that the new city of Millcreek
has undertaken for its creation and development, particularly in respect of planning for future
growth in a new"city center" adjacent to Salt Lake City and integrated with Salt Lake City's
own plans for future growth, and
WHEREAS Millcreek admires and respects Salt Lake City's leadership in planning for
growth which incorporates transit, affordable housing and strives to mitigate congestion and
improve air quality, and
WHEREAS both Salt Lake City and Millcreek recognize the challenges to coherent
planning presented by the small area of Salt Lake City bisecting Millcreek's proposed city center
project located between Woodland and Miller Avenues between 1300 East (Richmond) and
Highland Drive and a separate location consisting of the roundabout located near 2300 East and
I80; and the cities have proposed boundary changes in the Interlocal Agreement that facilitate
Millcreek's City Center Master Plan, and
WHEREAS the boundaries existing as of the date of the incorporation of Millcreek as
modified by the Interlocal Agreement are recognized and supported by both entities as a matter
of public policy now and in the future, and
WHEREAS we recognize and welcome our mutual needs, as well as rich opportunities
for interface at our shared border, including future cooperation and collaboration in
transportation and redevelopment efforts to make the Greater Brickyard Area and Millcreek's
City Center function as an attractive area for residents of both cities to live, work and play, and
WHEREAS cities are established under Utah law through a defined process and a
component of that process demonstrates to the future taxpayers that the proposed City can
sustain itself under the parameters outlined by that proposed City and supported by its voters,
and
WHEREAS each City holds the tools and the authority to incentivize development within
its own City boundaries to enhance economic bases, and also has the authority to levy taxes and
fees within its respective boundaries, and
WHEREAS each City is responsible to provide, contract for or otherwise arrange public
safety and other local government services within its jurisdiction but not outside its jurisdiction,
except as cities assist abutting entities within the professional reciprocal mutual aid standards,
and
WHEREAS Millcreek and Salt Lake City are committed to providing services within
their own respective boundaries, and
WHEREAS methods are available to track and confirm that the appropriate entity is
furnishing the public safety and other services within its boundaries and each City has access to
such data and is committed to monitoring service delivery, providing information to the public
and promptly addressing issues should any arise, and
WHEREAS the cities agree that municipal land use decisions and redevelopment efforts
should be made cooperatively, especially where City boundaries are concerned, and
WHEREAS Salt Lake City and Millcreek continued and concluded successful, amicable
negotiations once concerns of third-party intervention were removed, and
WHEREAS elected officials from Salt Lake City and Millcreek have convened to share
vision, decide on mutual expectations and identify shared goals, and
WHEREAS in an urban environment it is improbable that City boundaries would be ideal
in the view of all parties; where imperfect boundaries exist, process is established in Utah law for
making adjustments, and
WHEREAS the cities have explored a number of possibilities, and decided to propose the
boundary adjustments and related terms referenced by the Interlocal Agreement, and
WHEREAS the boundary adjustment at issue would be undertaken to accommodate a
unique circumstance to accommodate the continuous development of the Millcreek city center,
and would provide Salt Lake City with compensation deemed fair and equitable by its elected
officials;
WHEREAS, Utah Code Ann.§ 10-2-419 requires that the legislative body of each
municipality intending to adjust a boundary that is common with another municipality to adopt a
resolution indicating the intent of said legislative body to adjust the common boundary; and
WHEREAS, Salt Lake City, and Millcreek desire to adjust their common boundaries at
one location situated between Woodland and Miller Avenues and between 1300 East
(Richmond) and Highland Drive, and a separate location consisting of the roundabout located
near 2300 East and I80. A map showing the approximate locations of the adjustments of the
properties is attached hereto; and
WHEREAS, Salt Lake City and Millcreek have prepared the attached Interlocal
Agreement to memorialize their understanding regarding the proposed boundary adjustment and
related terms and conditions; and
WHEREAS, the Salt Lake City Council hereby indicates its intent to adjust the common
boundaries with Millcreek as shown on the map attached hereto subject to the Interlocal
Agreement; and
WHEREAS, the Council finds that the boundary adjustment meets the standards
established by Utah Code Ann. § 10-2-419;
NOW THEREFORE; BE IT RESOLVED that it is the intent of the Council to adjust
the common boundaries as described herein unless a protest as provided in Utah Code Ann.§ 10-
2-419 is received against the proposed boundary adjustment;
BE IT FURTHER RESOLVED: Salt Lake City will not seek state intervention to change
its boundary with Millcreek without Millcreek's express consent, and Millcreek will not seek
state intervention to change its boundary with Salt Lake City without Salt Lake City's express
consent, and
BE IT FURTHER RESOLVED: Salt Lake City and Millcreek agree that if a dispute
arises with regard to their mutual boundary or other circumstances related to the Interlocal
Agreement, the dispute will be settled through negotiation; if negotiation is unsuccessful, the
parties will attempt good-faith resolution through mediation before resorting to other dispute
resolution procedures, and
BE IT FURTHER RESOLVED: Millcreek and Salt Lake City agree that no further
adjustment of their boundary, beyond the adjustments described herein, is required or advisable,
now or in the future, in the Greater Brickyard Area, and that this understanding is integral to the
willingness of Salt Lake City and Millcreek to agree to the Interlocal Agreement, and
BE IT FURTHER RESOLVED that the Interlocal Agreement is approved, and that the
Mayor is hereby authorized to execute such Interlocal Agreement, or a substantially similar
version of the Interlocal Agreement with only minor changes that do not materially affect the
rights and obligations of Salt Lake City.
Passed by the City Council of Salt Lake City, U s 17 day of
September , 2019.
SAL LA IT OUNCIL
By:
CHAIRPERSON
ATTEST:
By:
SALT LAKE CITY ATTORNEY'S OFFICE
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