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HomeMy WebLinkAbout027 of 2022 - Special Election for Parks, Trails, and Open Space Bond Procedures-Conduct Election Resolution_GO Bond.docx 8711038/RDB/mo RESOLUTION NO. 27 OF 2022 A RESOLUTION providing for the conduct of the local special bond election to be held in Salt Lake City, Utah on November 8, 2022 and providing for related matters. *** *** *** WHEREAS, on August 16, 2022, the City Council (the “City Council”) of Salt Lake City, Utah (the “City”) adopted a certain resolution (the “Election Resolution”) providing that (a) a local special bond election be called and held on November 8, 2022 (the “Local Special Bond Election”) in the City, at the same time as the statewide regular general election, for the purpose of submitting to the qualified electors thereof the question of the issuance of $85,000,000 of general obligation bonds of the City for the purpose of paying all or a portion of the cost of acquiring, improving, renovating and upgrading various parks, trails, open space and related facilities and recreational amenities (collectively, the “Project”), (b) a public hearing be held with respect to the issuance of such bonds for said purposes and a public meeting be held for the presentation of arguments in favor or and against the ballot proposition and (c) notice of such public hearing and of the public meeting be given as provided by law; WHEREAS, the Election Resolution included the ballot proposition, in compliance with Sections 11-14-201 and 11-14-206 of the Utah Code Annotated 1953, as amended (the “Utah Code”); WHEREAS, the City Council desires at this time to provide for the conduct of the Local Special Bond Election by designating the election officials, approving the polling places and providing for other related matters; and WHEREAS, the adoption of the Election Resolution has been approved in satisfaction of the requirements of Section 20A-1-203 of the Utah Code, which requires that a special election to vote on a bond or debt issue may not be called unless the resolution calling the election is adopted by two-thirds majority of the members of the City Council; NOW, THEREFORE, Be It Resolved by the City Council of Salt Lake City, Utah, as follows: Section 1. The City Recorder of the City (the “City Recorder”), as election officer, and the County Clerk (the “County Clerk”) of Salt Lake County, Utah (the “County”), as provider election officer (individually and collectively, the “Election Officer”) are each hereby authorized and directed to perform and do, and to cause to be performed and done, all things necessary to conduct the Local Special Bond Election in accordance with the provisions of the Election Resolution, this Resolution, Chapter 14, Title 11 of the Utah Code, and Title 20A of the Utah Code. Section 2. The Local Special Bond Election shall be held in the same voting precincts and at the same polling places in which qualified electors of the City reside as those established for the statewide regular general election held on Tuesday, November 8, 2022 (the “Election - 2 - Procedures Resolution/Bond Election Day”). The voting precincts, polling places and/or voting centers shall be established by the County Clerk. The location of voting precincts, polling places and/or voting centers, if available, may be specified in the notice of the Local Special Bond Election, the form of which is attached hereto as Exhibit 1. Section 3. In accordance with the provisions of Section 11-14-203 of the Utah Code, the poll workers who have been otherwise appointed under the provisions of general law to conduct the statewide regular general election, to be held on the same day, shall conduct the Local Special Bond Election. The poll workers shall be the poll workers who have been appointed by the County Clerk; provided, however, that all poll workers appointed by the County Clerk shall meet the requirements of Section 20A-5-602 of the Utah Code. Section 4. The poll workers are hereby authorized and directed to fulfill their responsibilities in accordance with Section 20A-5-605 of the Utah Code and other applicable provisions of law. Section 5. Notice of the Local Special Bond Election (the “Notice”) shall be provided (a) at least 21 days before the Election Day, by posting at least ten (10) copies of the Notice in places within the City that are most likely to give notice to the voters in the City; (b) by posting the Notice on the Utah Public Notice Website, created in Section 63A-16-601 of the Utah Code, for three weeks before the Election Day and (c) by posting on the City’s website for at least 3 weeks before the Election Day. The notice shall be in substantially the form attached hereto as Exhibit 1. It is hereby found and determined that the Notices shall at least be posted (a) in the City & County Building, (b) in the Salt Lake City Main Library, (c) at the Salt Lake County offices at 2001 South State Street and (c) such other places as shall be determined by the City Recorder (the “Posting Places”) on or prior to Tuesday, October 18, 2022, which date shall be considered the day the notice of election is published for purposes of Section 11-14-318 of the Utah Code; such Posting Places being reasonably determined by the City Council and the City Recorder to be most likely to give notice to the voters in the City of the Local Special Bond Election. Section 6. The officers and employees of the City are authorized and directed to prepare and mail a voter information pamphlet or a notification thereof, as required by Section 11-14-202 of the Utah Code, and to take such other actions as they deem necessary in order to comply with such provisions of the Utah Code. Section 7. The Election Officer shall cause a copy of the sample ballot to be posted, published and provided in compliance with Section 20A-5-405 of the Utah Code, which publication may be as a part of the Notice of the Local Special Bond Election. The sample ballot shall be in substantially the form set forth in Section 3 of the Election Resolution. Section 8. The ballots to be used at the Local Special Bond Election (a) shall be suitable for use in the voting and counting devices, if any, in which they are intended to be placed, (b) shall be organized to record the votes relating to the Local Special Bond Election as well as votes relating to other propositions and offices being voted upon at the statewide regular general election, - 3 - Procedures Resolution/Bond Election (c) shall be separate from ballots to be used for other propositions and offices being voted upon at the statewide regular general election and (d) shall comply in all respects with the requirements of Section 11-14-206 and the applicable requirements of Title 20A, Chapter 6, of the Utah Code. Section 9. The City Council shall meet as a board of canvassers on Tuesday, November 22, 2022, at the regular meeting place of the City Council, Room 326 in the City and County Building, 451 South State Street, in Salt Lake City, Utah, which is no sooner than 7 days and no later than 14 days after the Election Day, and if the majority of the votes cast at the Local Special Bond Election are in favor of such proposition submitted, then the City Council shall cause an entry of that fact to be made upon its minutes, and thereupon the City Council shall be authorized to issue such bonds. Section 10. This Resolution is a declaration of official intent under Treas. Reg. Section 1.150-2. In satisfaction of the requirements thereof: (a) The City is planning to make expenditures relative to the Project from the Capital Project Fund (the “Fund”). (b) Expenditures relating to paying the costs of the Project (i) have been paid within 60 days prior to the passage of this Resolution or (ii) will be paid on or after the passage of this Resolution (the “Expenditures”). (c) The City reasonably expects to reimburse the Expenditures with proceeds of general obligation bonds, if any, authorized at the Local Special Bond Election, to be issued by the City. (d) The maximum principal amount of such bonds expected to be issued for the Expenditures to be made from the Fund is $85,000,000. Section 11. The officers and employees of the City are authorized to take such action as they may deem necessary in order to assure that the Local Special Bond Election does not violate any applicable state or federal law, including laws regarding the use of the electronic voting devices. Section 12. All acts and resolutions in conflict with this Resolution or any part thereof are hereby repealed. Section 13. It is hereby declared that all parts of this Resolution are severable, and if any section, clause or provision of this Resolution shall, for any reason, be held to be invalid and unenforceable, the invalidity or unenforceability of any such section, clause or provision shall not affect the remaining sections, clauses or provisions of this Resolution. - 4 - Procedures Resolution/Bond Election Section 14. This resolution shall be effective immediately upon its approval and adoption. (Signature page follows.) - 5 - Procedures Resolution/Bond Election APPROVED AND ADOPTED by the City Council of Salt Lake City, Utah, on September 6, 2022. SALT LAKE CITY, UTAH By ____________________________________ Chair Salt Lake City Council ATTEST: By ____________________________________ City Recorder [SEAL] APPROVED: By ____________________________________ Mayor APPROVED AS TO FORM: By ____________________________________ Senior City Attorney Boyd Ferguson Daniel Dugan (Sep 14, 2022 16:23 EDT) E-in enen#all (Sep 14, 2022 16:22 DT) Exhibit 1 - 1 Procedures Resolution/Bond Election EXHIBIT 1 NOTICE OF LOCAL SPECIAL BOND ELECTION CITY COUNCIL OF SALT LAKE CITY, UTAH PUBLIC NOTICE IS HEREBY GIVEN that a local special bond election will be held in Salt Lake City, Utah (the “City”), at the same time as the statewide regular general election, on Tuesday, November 8, 2022 (“Election Day”). The Election Day voting centers (“Voting Centers”) will be open on Election Day from 7:00 a.m. to 8:00 p.m. Information regarding the election can be found at the Statewide Electronic Voter Information Website (www.vote.utah.gov). The websites of the election officers for the local special bond election are, as of the date hereof, (a) for the City Recorder of the City, www.slc.gov/attorney/recorder/ and (b) for the Salt Lake County Clerk, www.clerk.slco.org; the election officers will post on such websites the location of each polling place for each voting precinct, each early voting polling place, and each Voting Center, including any changes to the location of a polling place and the location of an additional polling place. In addition, voters may call the Salt County Clerk’s Office at (385) 468-7400 to obtain information regarding polling locations. At the local special bond election there shall be submitted to the qualified, registered voters residing within the City the following question (which is also the sample ballot): OFFICIAL BALLOT FOR SALT LAKE CITY, UTAH SPECIAL BOND ELECTION PARKS, TRAILS AND OPEN SPACE BOND Shall Salt Lake City, Utah, be authorized to issue General Obligation Bonds in a principal amount not to exceed $85,000,000 and to mature in no more than 21 years from the date or dates of issuance; such bonds will be issued in accordance with Utah law solely to pay all or a portion of the costs to acquire, improve, renovate and upgrade various parks, trails, open space and related facilities and recreational amenities? Property Tax Cost of Bonds: If the bonds are issued as planned, without regard to the taxes currently levied to pay outstanding bonds that will decrease over time, an annual property tax to pay debt service on the proposed bonds will be required over a period of 20 years in the estimated amount of $53.80 per year on a primary residence with the Salt Lake City average value of $576,000 and in the estimated amount of $97.83 per year on a business or secondary residence having the same value. The City currently levies property taxes to pay debt service on other outstanding general obligation bonds that have been issued to finance voter approved projects. The incremental property taxes would decrease upon the repayment of the currently outstanding bonds, but the decrease will not occur if the proposed bonds are issued. Taking into account the repayment of the outstanding bonds, the City expects that the issuance of the proposed bonds, in the manner currently expected, will result in no net increase to current annual property tax levels for the repayment of bonds. Exhibit 1 - 2 Procedures Resolution/Bond Election To vote in favor of the proposed bonds, select the box immediately adjacent to the words “FOR THE ISSUANCE OF BONDS.” To vote against the proposed bonds, select the box immediately adjacent to the words “AGAINST THE ISSUANCE OF BONDS.” FOR THE ISSUANCE OF BONDS AGAINST THE ISSUANCE OF BONDS The foregoing information is only an estimate and not a limit on the amount of taxes that the City may be required to levy to pay debt service on the bonds. The City is obligated to levy taxes to the extent provided by law in order to pay the bonds. The amounts are based on various assumptions and estimates, including debt service on the bonds and taxable values of property in the City. The local special bond election will be administered mainly by mail. The election officer will mail to each registered voter within the City a ballot and a business reply envelope. If a voter fails to follow the instructions included with the ballot, the voter will be unable to vote in the election except at the Voting Centers. As an alternative to voting by mail, voters are able to cast a ballot on Election Day at the following Voting Center locations: ELECTION DAY VOTE CENTERS* Location Address City Bingham Creek Library 4834 West 9000 South West Jordan Columbus Center 2531 South 400 East South Salt Lake Cottonwood Heights City Hall 2277 East Bengal Boulevard (7600 S) Cottonwood Heights Draper City Hall 1020 East Pioneer Road Draper First Congregational Church 2150 South Foothill Drive (2755 East) Salt Lake City Herriman City Hall 5355 West Herriman Main Street (13100 South) Herriman Holladay Library 2150 East Murray Holladay Road Holladay Hunter Library 4740 West 4200 South West Valley City Kearns Library 5350 South 4220 West Kearns Magna Senior Center 9228 West 2700 South Magna Midvale City Hall 7505 South Holden Street (720 West) Midvale Millcreek Library 2266 East Evergreen Avenue Millcreek Murray City Hall 5025 State Street (100 East) Murray Rivers Bend Senior Center 1300 West 300 North Salt Lake City Riverton Senior Center 12914 South Redwood Road Riverton Sandy City Hall 100000 South Centennial Parkway (170 West) Sandy Sandy Library 10100 South Petunia Way Sandy Sandy Senior Center 9310 South 1300 East Sandy Salt Lake Government Center 2001 South State Street (100 East) Salt Lake City Sorenson Multi-Cultural Center 855 West California Avenue (1305 South) Salt Lake City South Jordan Library 10673 South Redwood Road South Jordan Taylorsville City Hall 2600 Taylorsville Boulevard Taylorsville The Rock Church 11630 South 700 East Draper Exhibit 1 - 3 Procedures Resolution/Bond Election ELECTION DAY VOTE CENTERS* Location Address City Trolley Square 600 South 700 East Salt Lake City West Jordan Senior Center 8025 South 2200 West West Jordan West Valley City Hall 3600 Constitution Boulevard (2700 West) West Valley City Wheeler Farm 6351 South 900 East Murray ____________________ * Preliminary; subject to change. In order to vote in person at the local special bond election, you must present valid voter identification to the poll worker before voting, which must be (a) a valid form of photo identification that shows your name and photograph, (b) a valid tribal card, whether or not the card includes your photograph, or (c) two different forms of identification that show your name and current address. Alternatively, secure ballot drop off locations where ballots can be deposited twenty-four hours a day, 7 days a week, from October __, 2022 until 8:00 p.m. on Election Day, are as follows: BALLOT DROPBOX LOCATIONS* Location Address City Alta Post Office 10351 East Highway 210 Alta Anderson Foothill Library 1135 South 2100 East Salt Lake City Brighton Fire Station 7688 South Big Cottonwood Canyon Road Brighton Bluffdale City Hall 2222 West 14400 South Bluffdale Cottonwood Heights City Hall 2277 East Bengal Boulevard Cottonwood Heights Draper City Hall 1020 Pioneer Road (12400 South) Draper Granite Library 3331 South 500 East South Salt Lake Herriman City Hall 5355 South Main Street Herriman Holladay City Hall 4580 South 2300 East Holladay Kearns Rec Center 5670 Cougar Lane Kearns Magna Library 2675 South 8950 West Magna Midvale City Hall 7505 Holden Street Midvale Millcreek UPD 1580 East 3900 South Millcreek Murray City Hall 5025 South State Street Murray Riverton City Hall 12830 South Redwood Road Riverton River’s Bend Senior Center 1300 West 300 North Salt Lake City Salt Lake City Library 420 South 200 East Salt Lake City Salt Lake County Government Center 2001 South State Street Salt Lake City Sandy City Hall 10000 Centennial Parkway Sandy Sandy Senior Center 9310 South 1300 East Sandy South Jordan City Hall 1600 West Towne Center Drive Sandy South Salt Lake City Hall 220 East Morris Avenue South Salt Lake Taylorsville City Hall 2600 West Taylorsville Boulevard Taylorsville West Joran City Hall 8000 South Redwood Road West Jordan West Valley City Hall 3600 South Constitution Boulevard West Valley City ____________________ * Preliminary; subject to change. Exhibit 1 - 4 Procedures Resolution/Bond Election There is to be no special registration of voters for the local special bond election, and the official register of voters last made or revised shall constitute the register for the local special bond election, except that all persons who reside within the City and are registered to vote in the statewide regular general election held on Election Day shall be considered to vote in the local special bond election. Registration lists or copies of such lists will be available at each of the above-described polling places for use by registered voters entitled to use such voting place. NOTICE IS FURTHER GIVEN, that any qualified elector of Salt Lake County who resides within the confines of the City and who has complied with the law in regard to registration may vote in the local special bond election at (a) the Salt Lake County Government Center, 2001 South State Street, Salt Lake City, on weekdays from 8:00 am to 5:00 pm from Tuesday, October __, 2022 through Monday, November 7, 2022 and (b) the additional designated polling locations listed below on weekdays from __________, October __, 2022 through Monday, November &, 2022*. The additional locations and hours for early voting in the local special bond election are as follows: EARLY VOTING LOCATIONS** Location Address City Hours Hunter Library 4740 West 4100 South West Valley City 3:00 pm to 7:00 pm Murray City Hall 5025 South State Street Murray 3:00 pm to 7:00 pm Riverton Senior Center 12914 South Redwood Road Riverton 3:00 pm to 7:00 pm Salt Lake County Government Center 2001 South State Street Salt Lake City 8:00 am to 5:00 pm Sandy Senior Center 9310 South 1300 East Sandy 3:00 pm to 7:00 pm Trolley Square 600 South 700 East Salt Lake City 3:00 pm to 7:00 pm Viridian Events Center 8038 South 1825 West West Jordan 3:00 pm to 7:00 pm ____________________ ** Preliminary; subject to change. For information on (a) registering to vote, (b) voting by absentee ballot or (c) alternate times and forms of voting, voters may contact the office of the (a) Salt Lake County Clerk at 2001 South State Street, S1-200, Utah 84114, telephone: (385) 468-7400 or visit the County Clerk’s website at www.clerk.slco.org, or (b) Utah Lieutenant Governor, State Capitol, 350 N. State Street, Suite 220, Salt Lake City, Utah 84114, (801) 538-1041 or visit the Lieutenant Governor’s website at elections.utah.gov. NOTICE IS FURTHER GIVEN that on Thursday, October 13, 2022, at _____ a.m., in the County Clerk’s office at 2001 South State Street, S1-200, Salt Lake City, Utah, there will be conducted (a) a demonstration of the logic and accuracy testing of the voting devices to be used in the local special bond election and (b) a test of the automatic tabulating equipment or other apparatus to be used to tabulate the results of the local special bond election. The demonstration and testing is open to public observation in accordance with the provisions of Sections 20A-3-201 and 20A-4-104, Utah Code Annotated 1953, as amended (the “Utah Code”). * Monday, November 7, 2022 the hours will be [12:00 pm – 5:00 pm]. Exhibit 1 - 5 Procedures Resolution/Bond Election NOTICE IS FURTHER GIVEN that on Tuesday, November 22, 2022, that being a day no sooner than 7 days and not later than 14 days after the local special bond election, the City Council (the “City Council”) will meet at its regular meeting place in Room 326 in the City and County Building, 451 South State Street, in Salt Lake City, Utah, and will canvass the returns and declare the results of the local special bond election. Pursuant to applicable provisions of Sections 11-14-208 and 20A-4-403 of the Utah Code, the period allowed for any contest of the local special bond election shall end 40 days after the date on which the results of the election are canvassed and the results thereof declared. No such contest shall be maintained unless a complaint is filed with the Clerk of the Third Judicial District Court in and for Salt Lake County, within the prescribed 40-day period. IN WITNESS WHEREOF, the City Council of Salt Lake City, Utah has caused this notice to be given. DATED: September 6, 2022. POSTED: on or before October 18, 2022. SALT LAKE CITY, UTAH By City Recorder Procedures-Conduct Election Resolution_GO Bond Final Audit Report 2022-09-20 Created:2022-09-13 By:Cindy Trishman (cindy.trishman@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAzSXixTdlVvoTq6cJBdtyOGK3hEUt59qb "Procedures-Conduct Election Resolution_GO Bond" History Document created by Cindy Trishman (cindy.trishman@slcgov.com) 2022-09-13 - 11:26:39 PM GMT Document emailed to Boyd Ferguson (boyd.ferguson@slcgov.com) for signature 2022-09-13 - 11:30:15 PM GMT Email viewed by Boyd Ferguson (boyd.ferguson@slcgov.com) 2022-09-14 - 2:39:30 PM GMT Document e-signed by Boyd Ferguson (boyd.ferguson@slcgov.com) Signature Date: 2022-09-14 - 2:39:41 PM GMT - Time Source: server Document emailed to dan.dugan@slcgov.com for signature 2022-09-14 - 2:39:43 PM GMT Email viewed by dan.dugan@slcgov.com 2022-09-14 - 8:22:29 PM GMT Signer dan.dugan@slcgov.com entered name at signing as Daniel Dugan 2022-09-14 - 8:23:38 PM GMT Document e-signed by Daniel Dugan (dan.dugan@slcgov.com) Signature Date: 2022-09-14 - 8:23:40 PM GMT - Time Source: server Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2022-09-14 - 8:23:42 PM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2022-09-14 - 10:21:54 PM GMT Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com) Signature Date: 2022-09-14 - 10:22:07 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2022-09-14 - 10:22:09 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2022-09-20 - 9:42:55 PM GMT - Time Source: server Agreement completed. 2022-09-20 - 9:42:55 PM GMT