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11/06/1990 - Minutes (2)
III • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 6, 1990 The City Council of Salt Lake City, Utah, met as Committee of the Whole on Tuesday, November 6, 1990, at 5:00 p.m. in Room 325, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Tom Godfrey Don Hale Nancy Pace The following Council Members were absent: Wayne Horrocks Mayor Palmer DePaulis, Roger Cutler, City Attorney, S.R. Kivett, Chief Deputy Recorder, and Misty Jo Zemp, Deputy Recorder, were present. Council Chair Hardman presided at and conducted the meeting. Councilmember Hardman called his appointment to the Salt Lake the meeting to order at 5:20 p.m. Urban Forestry Board. BOARD INTERVIEW Mr. Hilton discussed his background. He said he was The Council interviewed currently employed as the Perrin Love prior to Director of Vocational Education consideration of his appointment at Weber State University and to the Salt Lake Arts Council. would be retiring in two months. He said he had been a professor Mr. Love discussed on his at Brigham Young University for background. He said he was a twelve years. He said he had lawyer doing general litigation been a superintendent of a pri- and had worked as a reporter for vate school which had overseas the Deseret News. He said he had campuses with headquarters in written art, movie, and play Salt Lake City. reviews for the Deseret News and the Utah Holiday Magazine. Mr. Hilton said he was inter- ested in the Forestry Board be- Mr. Love said he was cause for seven years he had been interested in the Salt Lake Arts employed in Saudi Arabia. He Council because of his background said there were no trees in the in art. He felt it was a good country. He said the trees in way to meet people and make Salt Lake City were magnificent, friends in Salt Lake City. He and he felt the trees should be said it was important cities had well maintained. programs like the Salt Lake Arts Council. Cindy Gust-Jensen, Executive Director of the City Council, BOARD INTERVIEW said Items D-2 and D-3 needed to be pulled from the Council The Council interviewed Lynn agenda. Item F-i had an error, Hilton prior to consideration of and should read ordinance instead 90-339 PROCEENGS OF THE CITY COUNCIL OF SALT LAKE CITY; UTAH TUESDAY, NOVEMBER 6, 1990 of resolution. Item F-2 was a follow-up on the budget. The meeting adjourned at 5:40 p.m. 90-340 PROCEE INGS OF THE CITY COUNCIL OF SALT LAKE CIT,UTAH TUESDAY, NOVEMBER 6, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 6, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Tom Godfrey Don Hale Nancy Pace The following Council Members were absent: Wayne Horrocks Mayor Palmer DePaulis, Roger Cutler, City Attorney, S.R. Kivett, Chief Deputy Recorder, and Misty Jo Zemp, Deputy Recorder, were present. Council Chair Hardman presided at and Councilmember Kirk conducted the meeting. OPENING CEREMONIES #2. RE: Consider approving the reappointment of Sharon Al- #1. No invocation was given. derman to the Salt Lake Arts Council. #2. The Council led the (I 90-16) Pledge of Allegiance. #3. RE: Consider approving #3. Councilmember Godfrey the reappointment of D'Arcy Dixon moved and Councilmember Hardman Pignanelli to the Salt Lake Arts seconded to approve the minutes Council. of the Salt Lake City Council for (I 90-16) the regular meeting held Thursday, October 18, 1990, which #4. RE: Adopting Resolution motion carried, all members 103 of 1990, authorizing the present voted aye. approval of an Interlocal Cooper- (M 90-1) ation Agreement between Salt Lake City Corporation and Murry City CONSENT to facilitate transportation of water in Salt Lake City's Little Items No. 2 and No. 3 were Cottonwood Conduit and delivery pulled from the agenda. to Murry City at approximately 3535 East 6800 South in Salt Lake ACTION: Councilmember County. Godfrey moved and Councilmember (C 90-644) Hardman seconded to approve the consent agenda, which motion #5. RE: Setting a date to carried, all members present hold a public hearing on December voted aye. 11, 1990, at 6:20 p.m. to accept public comment and consider #1. RE: Consider approving adopting an ordinance closing a the reappointment of R. Gordon portion of Old North Temple from Bader to the Metropolitan Water 2100 West to 2200 West pursuant District Board of Salt Lake City. to Petition No. 400-787-90. (I 90-20) (P 90-644) 90-341 PROCEED NGS OF THE CITY COUNCIL OF SALT LAKE CIT,UTAH TUESDAY, NOVEMBER 6, 1990 #6. RE: Consider adopting NEW BUSINESS Resolution 108 of 1990, authorizing the execution of an #1. RE: Setting a date for interlocal agreement between Salt November 13, 1990, at 6:20 p.m. , Lake City Corporation and Utah to accept public comment and Department of Transportation to consider adopting an ordinance upgrade traffic control equipment amending beer and liquor consump- at State Street and South Temple. tion fees. (C 90-645) ACTION: Councilmember Godfrey #7. RE: Setting a date to moved and Councilmember Hale hold a public hearing on December seconded to set the date of Novem- 11, 1990, at 6:30 p.m. to accept ber 13, 1990, at 6:20 p.m. to public comment and consider consider adopting an ordinance adopting an ordinance vacating a amending beer and liquor portion of an alley between 1200 consumption fees and referred this West and Oakley and 400 North to item to the Committee of the 500 North, pursuant to Petition Whole, which motion carried, all No. 400-828-90. members present voted aye. (P 90-379) (0 90-46) #8. RE: Adopting Resolution UNFINISHED BUSINESS 109 of 1990, authorizing the execution of an interlocal agree- #1. RE: Consider adopting an ment between Salt Lake City and ordinance closing Jefferson Street Salt Lake County to construct in the interior of the block improvements at the YWCA. between 700 and 800 South and West (C 90-646) Temple pursuant to Petition No. 400-823-90. #9. RE: Adopting Resolution (P 90-282) 110 of 1990, authorizing the approval of an interlocal coopera- ACTION: Councilmember Godfrey tion agreement between Salt Lake moved and Councilmember Pace City Corporation and Salt Lake seconded to adopt Ordinance 90 of County to provide the County 1990, which motion carried, all specialized Mobile Radio Service members present voted aye. as authorized by the Federal Communications Commission as its DISCUSSION: Councilmember SMR site on Farnsworth Peak in Godfrey asked if this ordinance Salt Lake County. was before the Council because of (C 90-647) the memo which came out on August 14, 1990, regarding the ordinance #10. RE: Adopting Resolution which had a title surge 111 of 1990, authorizing the discrepancy. execution of an interlocal cooper- ation agreement between Salt Lake Cindy Gust-Jensen, Executive City and Salt Lake County to Director, said Councilmember construct improvements at the New Godfrey was correct and the title Hope Multicultural Center. on the new ordinance had a more (C 90-648) complete description of the property. She said it had been approved by the Planning Commis- sion. 90-342 PROCEE INGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, NOVEMBER 6, 1990 #2. RE: Consider adopting Mr. Sargent said Gold Cross Ordinance 91 of 1990, amending Ambulance would be reimbursing the Section 5.10.305 Rates and Charg- city $100 for every advanced life es schedule, Salt Lake City Code; support service call. He said repealing Sections 5.10.310, there was an established factor 5.10.315, 5.10.320, 5.10.325, for the noncollectibles so people 5.10.330, 5.10.335, and 5.10.340, on support programs who were all pertaining to rates and unable to pay the administrative charges, and adding a new Section fee would be covered. 5.10.310 pertaining to Fire Department to keep record of runs He said this reimbursement was allowing charges for an advanced not to increase the Fire life support fee. Department's budget; it was to (0 90-47) offset some of the tax short falls which they have had this year. He ACTION: Councilmember Godfrey said this year they had projected moved and Councilmember Whitehead $300,000 in recovery. The Fire seconded to adopt Ordinance 91 of Department ran 5000 calls where 1990, which motion carried, all their paramedics accompanied the members present voted aye. ambulance to the hospital. He said in the future they would be DISCUSSION: Dennis Sargent, looking at an estimated figure Salt Lake City Fire Chief, said close to $400,000 and $500,000 this issue had been designed to dollars a year in recovery. help fund the short fall from the (0 90-47) redistribution of sales tax revenue. He said the Fire Depart- The meeting adjourned at 6:15 ment' s budget was status quo. He p.m. said this was essentially for the times when the Fire Department's 0/414- 1 paramedics rode on ambulances from the private company and rendered COUNCI CHAIR advanced life support under the direction of a physician. He said the Fire Department T 0 DER had a chargeable service which was generally paid by insurance companies and the Federal Government. Mr. Sargent said the Fire Department had established a contract with Gold Cross Ambulance to recover the fees normally paid by the insurance companies. Mr. Sargent said this allowed the Fire Department to collect a small billing and administrative fee. He said in the past they had not been able to do this. He said the Fire Department maintained a record of the number of runs where paramedics provided services and these numbers were provided at the end of each month. 90-343 SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER ROOM 315 CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, November 6, 1990 6:00 p.m. A. BRIEFING SESSION: 5:00 p.m. , Room 325 City and County Building, 451 South State. 1 . Report of the Executive Director. 2. The Council will interview Perrin Love prior to consideration of his appointment to the Salt Lake Arts Council. lbThe Council will interview Lynn M. Hilton p or to consideration -"?of his appointment to the ; \ 10(VrnnTy(� L , B. OPENING CEREMONIES: L(��1 p!d. 1. Invocation. 2. Pledge of Allegiance. 3. Approval of the minutes. C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1. Board Reappointment Consider approving the reappointment of R. Gordon Bader to the Metropolitan Water District Board of Salt Lake City. (I 90-20) Staff recommendation: Approve. 2. Board Reappointment Consider approving the reappointment of Sharon Alderman to the % Salt Lake Arts Council. (I 90-16) V Staff recommendation: Approve. 3) Board Reappointment Consider approving the reappointment of D'Arcy Dixon Pignanelli to \ the Salt Lake Arts Council. (I 90-16) Staff recommendation: Approve. 4. Resolution: Interlocal Cooperation Agreement Consider adopting a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Murray City to facilitate transportation of water in Salt Lake City's Little Cottonwood Conduit and delivery to Murray City at approximately 3535 East 6800 South in Salt Lake County. (C 90-644) Staff recommendation: Adopt. 5. Ordinance: North Temple Set date to hold a hearing on December 11 , 1990 at 6:20 p.m. to accept public comment and consider adopting an ordinance closing a portion of Old North Temple from 2100 West to 2200 West pursuant to Petition No. 400-787-90. (P 90-378) Staff recommendation: Set date. 6. Resolution: Agreement/UDOT Consider adopting a resolution authorizing the execution of an agreement between Salt Lake City Corporation and Utah Department of Transportation to upgrade traffic control equipment at State Street and South Temple. (C 90-645) Staff recommendation: Adopt. 7. Ordinance: Alley Vacation Set date to hold a hearing on December 11 , 1990 at 6:30 p.m. to accept public comment and consider adopting an ordinance vacating a portion of an alley between 1200 West and Oakley and 400 North to 500 North, pursuant to Petition No. 400-828-90. (P 90-379) Staff recommendation: Set date. 8. Resolution: Interlocal Agreement/YWCA Consider adopting a resolution authorizing the execution of an interlocal cooperation agreement between Salt Lake City and Salt Lake County to construct improvements at the YWCA. (C 90-646) Staff recommendation: Adopt. 9. Resolution: Interlocal Cooperation Agreement/Mobile Radio Service Consider adopting a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County to provide to the County specialized Mobile Radio Service as authorized by the Federal Communications Commission at its SMR site on Farnsworth Peak in Salt Lake County. (C 90-647) Staff recommendation: Adopt. 10. Resolution: Interlocal Cooperation Agreement/Multicultural Center Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City and Salt Lake County to construct improvements at the New Hope Multicultural Center. (C 90-648) Staff recommendation: Adopt. E. NEW BUSINESS: 1 . Ordinance: Proposed Beer and Liquor Consumption Fees Set date for November 13, 1990 at 6:20 p.m. , to accept public comment and consider adopting an ordinance amending beer and liquor consumption fees. (0 90-46) Staff recommendation: Set date and refer to Committee of the Whole. F. \ UNFINISHED BUSINESS: 1. ' Ordinance: Jefferson Street OVI*2- 12, „.,,) Consider adopting a reselut.i.ch' closing Jefferson Street in the interior of the block between 700 and 800 South and West Temple - and 200 West Pursuant to Petition No. 400-823-90. (P 90-282) Staff recommendation: Adopt. Ordinance: Rates and Charges Consider adopting an ordinance amending Section 5. 10.305 Rates and Charges -- schedule, Salt Lake City Code; Repealing Sections 5. 10.310, 5. 10.315, 5. 10.320, 5. 10.325, 5. 10.330, 5. 10.335, 5. 10.340, all pertaining to Rates and Charges, and adding a new Section 5. 10.310 pertaining to Fire department to keep record of runs allowing charges for an advanced life support fee. (0 90-47) Staff recommendation: Adopt. G. PUBLIC HEARINGS: H. ADJOURNMENT: *f FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: November 2 1990 BY: CIT CORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 2nd day of November, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. RECORDER •scfibed and sworn to before me this 2nd day of November, 1990. j(i . % 1 Notary Pu • residing in the State ofUt Nfoodatsr Pubetin Salt W City.Utah 84102 - c. My Comm:ion i Aecx:.,t 1, APPROVAL: EXECU VE DI ECTOR PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 18, 1990 The City Council of Salt Lake City, Utah, met as Committee of the Whole, on Thursday, October 18, 1990, at 5:00 p.m. in Room 325, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Don Hale Nancy Pace Tom Godfrey The following Council Members were absent: Wayne Horrocks Roselyn Kirk Council Chair Hardman presided at and conducted the meeting. There were no Briefing Session minutes for this date. 90-334 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 18, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, October 18, 1990, at 5:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Beverly Jones, Deputy Recorder, were present. Council Chair Hardman presided at and Councilmember Godfrey conducted the meeting. #1. There was no invocation CONSENT AGENDA given. ACTION: Councilmember Hardman #2. The Council led the moved and Councilmember Hale Pledge of Allegiance. seconded to approve the consent agenda, which motion carried, all #3. Councilmember Whitehead members voted aye except Council- moved and Councilmember Hardman members Horrocks and Kirk who were seconded to approve the minutes of absent for the vote. the Salt Lake City Council for the regular meetings held Tuesday, #1. RE: Approving the October 9, 1990, and Thursday, appointment of Rick Ith to the October 11, 1990, which motion Salt Lake Arts Council. carried, all members voted aye (I 90-16) except Councilmembers Horrocks and Kirk, who were absent for the NEW BUSINESS vote. (M 90-1) #1. RE: Setting a date for November 20, 1990, at 6:40 p.m. , #4. Consider adopting a joint to accept public comment and resolution supporting the effort consider adopting an ordinance to bring the Neighborhoods, U.S.A. amending Chapter 80 of Title 21 Conference to Salt Lake City in creating a special exception 1992. process for certain zoning encroachments required to allow ACTION: Councilmember Hale handicapped access. moved and Councilmember Hardman seconded to adopt Resolution 104 ACTION: Councilmember White- of 1990, which motion carried, all head moved and Councilmember Pace members voted aye except Council- seconded to set the date of members Horrocks and Kirk who were November 20, 1990, at 6:40 p.m. , absent for the vote. for the public hearing, which motion carried, all members voted Councilmember Hale read the aye except Councilmember Kirk who resolution. was absent for the vote. (0 90-43) #2. RE: Setting a date for November 20, 1990, at 6:30 p.m. , 90-335 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 18, 1990 to accept public comment and ACTION: Councilmember Hor- consider adopting an ordinance rocks moved and Councilmember Pace amending Title 21 to provide for seconded to adopt Resolution 105 the limited conditional use of of 1990, which motion carried, all barbed wire fences in certain members voted aye. districts subject to certain (B 90-4) conditions pursuant to Petition No. 400-794-90. #2. RE: Approving the appointment of Mark L. Lawrence to ACTION: Councilmember Hale the Salt Lake Arts Council. moved and Councilmember Whitehead seconded to set the date of ACTION: Councilmember Hale November 20, 1990, at 6:30 p.m. , moved and Councilmember Pace for the public hearing, which seconded to approve the appoint- motion carried, all members voted ment of Mark L. Lawrence to the aye except Councilmember Kirk who Salt Lake Arts Council, which was absent for the vote. motion carried, all members voted (0 90-44) aye. (I 90-16) #3. RE: Approving the reappointment of R. Gordon Bader #3. RE: Adopting a resolution to the Metropolitan Water District endorsing the Salt Lake City Board of Salt Lake City. Housing Policy. ACTION: Without objection ACTION: Councilmember Pace Councilmember Godfrey referred moved and Councilmember Hardman this item to the Consent Agenda, seconded to adopt Resolution 106 which motion carried, all members of 1990 with the addition of voted aye. Section 2-A, which motion carried, (I 90-20) all members voted aye. (T 90-18) #4. RE: Adopting an ordinance amending the C-4 Demolition #4. RE: Adopting a concurrent Ordinance to add a section resolution of support for the allowing for an appeal to the City award of the 1998 Winter Olympic Council within 30 days after Games to Salt Lake City and filing of the final decision. authorizing the execution of the necessary undertakings to induce ACTION: Councilmember Hardman the International Olympic Commit- moved and Councilmember Whitehead tee to award the games to Salt seconded to refer this item to the Lake City, Utah. Planning Division, which motion carried, all members voted aye. ACTION: Councilmember Pace (0 90-45) moved and Councilmember Whitehead seconded to adopt Resolution 107 UNFINISHED BUSINESS of 1990, which motion carried, all members voted aye. #1. RE: Adopting a resolution ratifying the budget recommended Councilmember Pace moved and by the Salt Lake Valley Solid Councilmember Hardman seconded to Waste Management Council for reconsider the Winter Olympics calendar year 1990. Games resolution, which motion carried, all members voted aye. 90-336 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 18, 1990 Councilmember Pace moved and Councilmember Pace said she Councilmember Whitehead seconded was reluctant to approve something to approve Resolution 107 of 1990, she had not seen and wanted to see with amended language of paragraph a copy of the paragraph change. 5B attached as presented at the Mr. Cutler provided the Council Council Meeting which substituted members with a copy of the language in 5B in the original changes. He said this would be contract, which motion carried, Exhibit A to the resolution and all members voted aye. would be the language substituted for paragraph 5B in the contract. DISCUSSION: Roger Cutler, Councilmember Hardman asked what City Attorney, said since the City the major difference was between made the presentation concerning the latest draft and the one the the contract there had been a Council had already seen. language change in paragraph 5B. He asked if the Council ' s vote Mr. Cutler said the State had could include the changes in the drafted the new paragraph and were attachment. Councilmember Godfrey happy with the wording. He said it asked Councilmember Pace if that covered basically the same thing. was her understanding. Council- Councilmember Horrocks asked Mr. member Pace said she did not Cutler if he had the original recall what that portion was. Mr. draft with him. Mr. Cutler said he Cutler said it was paragraph 5B. did not. Councilmember Kirk said He said the City had finished she had her copy and read the negotiating this paragraph today original paragraph. and the Council did not have a copy in front of them. Councilmember Pace voiced her concern about receiving material Mr. Cutler said it gave the right before being asked to make a City the flexibility to sign the decision. She said it would have standard International Olympic been helpful to have the wording Committee ( IOC) contracts, but the change ahead of time. City had agreed that if there were (C 90-136) to be amendments to the contracts, the City would consult with the #5. RE: Adopting a State and the State could approve resolution approving the amended the amendments. He said if the and restated Utah Municipal City negotiated contracts with Finance Cooperative Agreement; third parties, the City would get authorizing the execution and the State' s consent. He said the delivery of said amended and amendments could impact the restated agreement; appointing a State' s liability or rights under representative and alternate to the contract or the expectations represent the member in the of the award of the games. He said governing body of the Utah the State had assumed liability, Municipal Finance Cooperative; and so they did not want the City to related matters. sign amendments which might pre- judice the State's rights without ACTION: Councilmember Hardman their consent and the City had moved and Councilmember Horrocks agreed to that. Mr. Cutler said seconded to appoint Councilmember there was not much difference, Godfrey as the representative and just some wording change in Councilmember Kirk as the paragraph 5B. alternate to represent the member in the governing body of the Utah 90-337 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, OCTOBER 18, 1990 Municipal Finance Cooperative and The meeting adjourned at 5:45 adopt Resolution 101 of 1990, p.m. which motion carried, all members voted aye. (C 90-581) COUNCIL CHAIR PUBLIC HEARINGS #1. A public hearing at 5:00 p.m. to receive public comment and CITY RECORDER consider adopting an ordinance amending Salt Lake City Ordinance No. 69 of 1990, which approved, ratified, and finalized the budget of Salt Lake City, Utah for the fiscal year beginning July 1, 1990, and ending June 30, 1991. ACTION: Councilmember Hardman moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Hardman moved and Councilmember Kirk seconded to reduce the general fund contin- gency by $22,050 and increase the City Recorder's Division budget by $22,050 for the provisions of minutes for certain City Council Meetings, which motion carried, all members voted aye. Councilmember Kirk moved and Councilmember Pace seconded to • adopt Ordinance 88 of 1990, as amended, which motion carried, all members voted aye. DISCUSSION: Steve Fawcett, Finance, said the Council had the packets before them. He said it was the first opening of the fiscal year and he would answer any questions the Council might have. (B 90-3) 90-338 by LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. [[����1I� I/'�, r]z1.���p�Nr,�[, r SUPERINTENDENT ;w,r t ' Y�(�r�^'d �sE 91 WATER SUPPLY 8 WATERWORKS r a iiii E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks WATER RECLAMATION PALMER DEPAULIS Water Reclamation - MAYOR JAMES M. LEWIS, C.P.A. - - , CHIEF FINANCE A 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: Salt Lake City Council DATE: October 10, 1990 RE: Interlocal Cooperation Agreement between Murray City and Salt Lake City Corporation Recommendation: That the Council approve the agreement and forward to the Mayor for execution on behalf of the City. Availability of Funds: Not applicable Discussion: The purpose of this agreement is to facilitate the transportation of Murray City' s water in the Salt Lake City' s Little Cottonwood Conduit located at approximately 6800 South near the McGhie Springs (approximately 3535 East) to Murray City. Submitted by: (A), fit bair". L ROY W. HOOTON, JR. 't Director Department of Public Utilities LWH:ETD:kg enclosures LEROY W. HOOTON, JR. DIRECTOR _ WENDELL E. EVENSEN, P.E. ,[[[��1111� ! SUPERINTENDENT '�i^� 'LAM��MUMS WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply.& Waterworks WATER RECLAMATION PALMER DEPAULIS Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. - CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER October 10, 1990 Mayor Palmer DePaulis Mayor of Salt Lake City City/County Building Room 306 Salt Lake City, Utah 84111 Re: Interlocal Cooperation Agreement between Murray City and Salt Lake City Corporation Honorable Mayor DePaulis: Please find enclosed the original for the above referenced agreement, for your signature. Upon signing this agreement please return it to the Public Utilities Department for further processing. The Public Utilities Department recommends approval of this action. Sincerely, "11 400 e. LEROY . HO TON, JR. Director LWH:kg enclosure cc: file 90-78 10/2/90 INTERLOCAL COOPERATION AGREEMENT BETWEEN MURRAY CITY AND SALT LAKE CITY CORPORATION THIS INTERLOCAL COOPERATION AGREEMENT is made in Salt lake County, State of Utah, on the day of 1990, be and between MURRAY CITY, a municipal corporation of the state of Utah, hereinafter, referred to as "Murray" , and SALT LAKE CITY CORPORATION, a municipal corporation of the state of Utah, hereinafter referred to as "City" . WITNESSET H: WHEREAS, on the 29th day of December, 1933, Murray and City entered into an agreement for the transportation of water in the Little Cottonwood Conduit located at approximately 6800 South near the McGhie Springs (approximately 3535 East) ; and WHEREAS, by the terms of said Agreement said Agreement expired on the 30th day of November 1953; and WHEREAS, despite the termination of this Agreement the parties have conducted themselves in subsequent dealings for the past thirty-three ( 33 ) years in harmony with the terms of the original Agreement; and WHEREAS, the parties deem it appropriate to modify and extend such Agreement for the sake of clarity; NOW, THEREFORE, based on the mutual covenants and conditions herein set forth, it is agreed by and between the parties as follows : 1 . City agrees to carry up to 1 . 2 second feet of water belonging to Murray from April 1 to October 1 of each year and . 625 second feet of water from October 1 to April 1 of each year in City' s Little Cottonwood Conduit located at approximately 6800 South, just west of Murray' s property known as McGhie Springs, from the point of intake of said conduit to a point near Big Cottonwood Canyon where a flange connection is located in the said Conduit which delivers water directly to Murray' s water system and/or a new connection on 70th South Street where the Little Cottonwood conduit crosses said street. Other connections and exchanges of water may be made between City' s and Murray' s water systems with the parties prior written consent. 2 . Murray agrees to pay City' s cost to the Metropolitan Water District (MWD) of Salt Lake City for treatment of water picked up and carried by City for Murray in City' s Little Cottonwood Conduit. 3 . Murray also agrees to pay a reasonable transportation and capacity fee of .03 % of the then current charge by MWD per acre foot of water delivered to City in the same year, for each acre foot carried by City for Murray in City' s said Conduit to pay for City' s transportation of Murray' s water and for maintenance and administration of its facilities for Murray' s benefit . 4 . Murray acknowledges that it has applied to the Utah State Engineer for a change of the point of diversion of said water from the Cahoon and Maxfield Ditch to the intake of the City' s conduit in Little Cottonwood Canyon and the Murray City -2- Power Pipeline. Said application was granted pursuant to Permit No. A-1175 . 5 . Murray agrees to allow the City to use the said water so carried as aforesaid free of any cost for the use of the same at all times when Murray has no use for said water. 6 . City agrees to put the said water to a beneficial use and further agrees to assert no adverse right as against Murray to the use of said water. 7 . City shall maintain, at Murray' s sole expense, all Murray connections , to City mains . Murray shall maintain, at its sole expense, all pipes and related facilities extending from each such connection. 8 . For any City water taken by Murray over and above the water provided for in paragraph 1 hereof, Murray agrees to pay the City its then current rate (presently $ .43 per 100 cubic feet of water) for water served to its city customers, for all water drawn through said meter at the said connection in excess of that which it claims in paragraph 1 hereof . Murray further agrees to pay for such excess water used, if any, for the past four (4 ) years from date hereof, at the same rate. 9 . The City shall have the right to accept service connections one inch ( 1" ) or larger to Murray' s existing pipeline from the four inch (4" ) flange to Murray' s existing McGee Springs Pump Station, and to deduct the metered amounts taken from said Murray Main through said connections from any amounts of water for which Murray would otherwise be charged by the City under paragraph 3 hereof . -3- ' S 10 . The parties agree not to retake or require the delivery of the said water unless they shall have first given ninety (90) days notice of their intention to retake or require delivery of said water. 11 . The term of this Agreement shall be from the first day 4- of July, 1990 through July 1 , 2010 . 12 . This Agreement may be automatically renewed for a like period based on the same terms and conditions as contained in this Agreement . 13 . Either party may terminate this Agreement at any time by giving at least one ( 1 ) year notice of intent to terminate the Agreement to the other. 14 . Neither this Agreement nor its benefits nor obligations may be assigned or otherwise transferred without the prior written consent of the other. 15 . This Agreement embodies the entire agreement between the parties and cannot be altered except through a written instrument which is signed by both parties . IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written. SALT LAKE CITY CORPORATION By MAYOR -4- ATTEST: CITY RECORDER MURRAY CITY CORPORATION ATTEST: C __Y RECORDER STATE OF UTAH ) :ss . County of Salt Lake ) On , personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires : -5- l STATE OF UTAH )ss . County of Salt Lake ) On the day of , 1990, personally appeared before me and , who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of MURRAY CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same . NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires : RLM:ap -6- MURRAY CITY CUSTODIAN CERTIFICATE I , THE UNDERSIGNED, BEING FIRST DULY SWORN, STATE THAT: 1 . I am the City Recorder of Murray City Corporation, a Utah Municipality, and the official keeper of and responsi- ble for the records for Murray City, Utah. 2 . Attached is a true and correct copy of the record of the Murray City Code, Resolution 970 , authorizing the Execution of an Interlocal Cooperation Agreement between Murray City Corporation and Salt Lake City Corporation for the Transportation of Water in the Little Cottonwood Conduit adopted by the Murray City Municipal Council on October 2 , 1990 for Murray City Corporation, Murray, Utah, Salt Lake County, State of Utah, of which the original is kept on file by me, in the course of official business , for Murray City Corporation. " City Recorder STATE OF UTAH • COUNTY OF SALT LAKE : On the 3rd of October, 1990, personally appeared before me, Ludell P. Pierson, City Recorder , being duly sworn before me, executed the above referenced certificate and I certify that said person is an employee of Murray City Corporation and is the legal custodian of the records of said department and that her signature affixed hereto is genuine . PAY �Ii` NOTARY PUBLIC /Q MY �< Residing at Salt Lake County, Utah COMMISSION C1 My Commission Expires: EXPIRES 6-1-94 SHARAN L.CHILDS 5C25S.State St. 9 Murray 841t / RESOLUTION NO. 5?7Q A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN MURRAY CITY CORPORATION AND SALT LAKE CITY CORPORATION FOR THE TRANSPORTATION OF WATER IN THE LITTLE COTTONWOOD CONDUIT BE IT KNOWN AND REMEMBERED that the Murray City Municipal Coun- cil finds and determines as follows: WHEREAS, Title 11 , Chapter 13, Utah Code Annotated 1953 , as amended, permits public agencies to enter into cooperative agree- ments to provide joint undertakings and services; and WHEREAS, on the 29th day of December, 1933 , Murray City Corpora- tion (Murray) and Salt Lake City Corporation (City) entered into an agreement for the transportation of water in the Little Cottonwood Conduit located at approximately 6800 South near the McGhie Springs (approximately 3535 East) ; and WHEREAS, by the terms of said Agreement said Agreement expired on the 30th day of November 1953; and WHEREAS, despite the termination of this Agreement the parties have conducted themselves in subsequent dealings in harmony with the terms of the original Agreement; and WHEREAS, the parties deem it appropriate to modify and extend such Agreement for the sake of clarity; NOW, THEREFORE, BE IT RESOLVED by the Murray City Municipal Council: 1 . It does hereby approve the attached agreement described as an Interlocal Cooperation Agreement Between Murray City and Salt Lake City Corporation. 2 . The Honorable Lynn F. Pett, Mayor of Murray City, is hereby authorized to execute the agreement on behalf of Murray City Corpora- tion and to act in accordance with its terms. 3 . The City Recorder shall furnish a certified copy of this Resolution to the Salt Lake City Corporation City Recorder. ADOPTED by the Murray City Municipal Council, Murray City, Utah, on this 2nd day of October, 1990. MURRAY CITY MUNICIPAL COUNCIL ti f Jul'. Davis, Chairman " ATTEST: bud-ell- P. Pierson .. City Recorder RESOLUTION NO. OF 1990 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND MURRAY CITY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the form and substance of the attached agreement as follows: To facilitate the transportation of Murray City' s water in Salt Lake City' s Little Cottonwood Conduit and delivery to Murray City at approximately 3535 East 6800 South in Salt Lake County. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to approve said agreement on behalf of Salt Lake City Corporation, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:rc =w� I<- MIKE ZUHL SALT-LL]111J VTY ��®RPO°� LaO �f LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council October 19, 1990 RE: Petition No. 400-787-90 submitted by Woodbury Corporation Recommendation: That the City Council hold a public hearing on December 11, 1990 at 6:20 p.m. to discuss closing the southern portion of old North Temple Street between 2100 West and 2200 West Street. Availability of Funds: Not applicable. • Discussion and Background: The Woodbury Corporation is the agent for the present owner of the Radisson Hotel located at 2177 West North Temple Street. They would initially use the additional property for landscaping and parking and will use the property in their plans for future expansion of more guest rooms and/or meeting space. North Temple was realigned as part of the freeway expansion project by UD(7I' which was completed in 1987 and the old North Temple Street from approximately 2400 West to 2100 West Street was quit claimed to Salt Lake by UDOT the next year. North Temple west of 2100 West was redesigned allowing a single lane of west bound traffic to enter the old portion of North Temple. There is no access to the new North Temple alignment for eastbound traffic from this section of the street east of 2200 West Street. After the property was deeded to Salt Lake City, staff from Planning, Engineering and Transportation met with the property owners abutting this property to discuss alternatives for use and design criteria for the street. At that time the property owners explored the idea of reducing or narrowing the street and installing improvements through a special improvement district but decided against the idea due to the costs involved. However, Litton Systems, Inc. is using both side of North Temple for cut back parking with approval from Transportation and Engineering Departments. The appropriate City Department have reviewed and approved this petition with specific design requirements. They support the concept of dealing with the reduction of the street size comprehensively with implementation on a phased basis in order to respond as the abutting property owners become interested in acquiring the additional property. The Planning Commission has reviewed and recommended approval to close the old North Temple Street between 2100 West and 2200 West Streets subject to the usual requirements for utility easements and that the specific design requirements identified by Engineering, Fire, Transportation and Public Utilities be met. The Planning Commission further recommendation that the property be sold to the abutting property owner at fair market value. Legislative Documents: The City Attorney's Office has prepared and approved the ordinance and is ready for your action. ubmitted by: ; ( :5 (.,/____---- ICHAEL B. ZUHL Interim Director cc: Petition No. 400-787-90 SALT LAKE CITY ORDINANCE No. of 1990 (Closing a portion of Old North Temple from 2100 West to 2200 West pursuant to Petition No. 400-787-90 ) AN ORDINANCE CLOSING A PORTION OF OLD NORTH TEMPLE FROM 2100 WEST TO 2200 WEST PUTSUANT TO PETITION NO. 400-787-90. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public street described below is not necessary for use by the public as a street and that closure of said street will not be adverse to the general public' s interest nor divest the City of title to the property without subsequent documents of transfer. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of Old North Temple from 2100 West to 2200 West, which is the subject of Petition No. 400-787-90 and which is more particularly described below, be, and the same hereby is, CLOSED and declared no longer to be needed or available for use as a public street, with the title remaining with the City until subsequent sale for market value, as determiend by a City approved appraisal paid for by the purchaser. Said street is more particularly described as follows: Beginning West 1, 262 feet and North 672 feet from the Southeast corner of Sec. 33, T1N, R1W, Salt Lake Base and Meridian, said point also being on the Southeast corner of the intersection of 2200 West and the "old" /O'��+�� North Temple Street; thence North 65 feet; thence 0> N89°58 '38"E 434. 51 feet; thence Southeasterly 119 feet // more or less; thence S89°58 '38"W 534. 51 feet to the point of beginning. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above closure is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said closure is also SUBJECT TO any existing rights-of-way or easements of private third parties. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: ... % . CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed . MAYOR -2- ATTEST: CITY RECORDER (SEAL) BILL NO. OF 1990 Published: BRB: rc -3- RECEIVED C'TY A i T RNEY'S O F►CE SAL L KE'CRT �ORPO ION PALMER DEPAULIS ALLEN C. JOHNSON, AICP PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7757 September 28, 1990 Mike Zuhl, Interim Director Community & Economic Development City & County Building Salt Lake City, UT 84111 Re: Petition 400-787 - Woodbury Corporation requesting closure of a portion of old North Temple Dear Mike: Attached please find the above referenced petition from the Woodbury Corporation requesting Salt Lake City to close the southern portion of the old North Temple Street abutting the Radisson Hotel from 2100 West to 2200 West Street. The Woodbury Corporation is the agent for the present owner of the Radisson Hotel located at 2177 West North Temple Street. North Temple was realigned as part of a freeway expansion project by UDOT which was completed in 1987. North Temple west of 2100 West was redesigned allowing a single lane of west bound traffic to enter the old portion of North Temple. There is no access to the new North Temple alignment for eastbound traffic from this section of the street east of 2200 West. North Temple from approximately 2400 West to 2100 West was quit claimed to Salt Lake City by UDOT on July 19, 1988. Shortly after the States conveyance of the street City staff from Engineering, Planning and Transportation met with the property owners abutting this property to discuss alternatives for use and design criteria for the street. The property owners at that time explored the idea of reducing or narrowing the street and installing improvements through a special improvement district ( SID) but decided against the idea due to the costs involved. Page 2 Mike Zuhl September 28, 1990 Re: Petition 400-787 - Woodbury Corporation requesting closure of a portion of old North Temple Litton Systems, Inc. ( located directly west of the Radisson across 2200 West ) is presently using both sides of North Temple for cut back parking with approval from Transportation and Engineering Departments The appropriate City Departments have reviewed this petition an recommend approval with specific design requirements. The staff supports the concept of dealing with the reduction of the street size comprehensively with implementation on a phased basis in order to respond in a timely manner as the abutting property owners become interested in acquiring the additional property. The Planning Commission, at their regularly scheduled meeting, September 6, 1990, voted to recommend to the City Council approval of this request to close and sell the southern portion of the old North Temple Street between 2100 West and 2200 West subject to the usual requirements for appropriate utility easements and specific design requirements identified by Engineering, Fire, Transportation, and Public Utilities. The Planning Commission recommends the City Council schedule a public hearing in this request to receive public comment. If you need additional information, please contact Janice Jardine or myself. aa, /� c f William T. Wright, AICP Deputy Planning Director attachment WTW: JJ SALT LAKE CITY PLANNING COMMISSION STAFF REPORT PETTTTON 400-787 WOODBURY CORPORATION REQUEST TO CLOSE A PORTION OF OLD NORTH TEMPLE STREET OVERVIEW Petition 400-787 is a request from Mr. Guy Woodbury with the Woodbury Corporation requesting Salt Lake City to close the southern portion of the old North Temple Street between 2100 West and 2200 West. The Woodbury Corporation is the agent for the present owner of the Radisson Hotel located at 2177 West North Temple Street. BACKGROUND North Temple was realigned as part of a freeway expansion project by UDOT which was completed in 1987. North Temple west of 2100 West was redesigned allowing a single lane of west bound traffic to enter the old portion of North Temple. There is no access to the new North Temple alignment for eastbound traffic from this section of the street east of 2200 West. North Temple from approximately 2400 West to 2100 West was quit claimed to Salt Lake City by UDOT on July 19, 1988. The petitioner has noted that the portion of the street they are requesting to close is so infrequently used that snow removal crews do not plow that section and have submitted photographs to substantiate this statement. The Radisson Hotel was constructed in 1986. Initially the additional property will be used for landscaping and parking with future expansion of more guest rooms and/or meeting space. Zoning of the property is Commercial C-1 with a small corner of Industrial M-1. ANALYSIS Review and comments from other City departments are as follows: Property Management No objection to request subject to: - easements for existing utility lines, - petitioner to pay for a MAI appraisal of the property, - petition to pay fair market value for property. Engineering No objection to request subject to: - approval of the request by all abutting property owners, - design roadway alignment and traffic plan for intersection of North Temple and 2200 West, - approval of private and public utilities and easements for public and private utility lines, any changes or relocation shall be at the petitioners expense, - drainage plan for entire site including proposed property acquisition be submitted and approved by the City Engineer. Transportation Recommend approval subject to: - realignment of traffic lanes of adjoining blocks due to the necessity of shifting the existing centerline of the roadway to the north in order to maintain continuity of traffic lanes between blocks, - approval of all property owners between 2100 West and 2450 West because roadway is to be closed on only one side instead of both sides, - all abutting property owners between 2100 west and 2450 West should be involved in a master plan for the roadway. Public Utilities Recommend approval subject to: - existing 2 water and 2 sewer mains located in the street must be protected with the appropriate easements and right-of-way agreements, - the property may be landscaped or hard surfaced, however, no construction over the utility lines shall be allowed unless the lines are relocated. Fire Department Recommend approval subject to: - the existing fire hydrants being relocated to provide required fire flow and access. Shortly after the State's conveyance of the street City staff from Engineering, Planning and Transportation met with the property owners abutting this property to discuss alternatives for use and design criteria for the street. The property owners at that time explored the idea of reducing or narrowing the street and installing improvements through a special improvement district (SID) but decided against the idea due to the costs involved. Litton (located directly west of the Radisson across 2200 West) is presently using both sides of North Temple for cut back parking. Transportation Engineering has allowed Litton to use both sides of the street for cutback parking for their business. The planning staff supports the concept of dealing with the reduction of the street size comprehensively with implementation on a phased basis in order to respond in a timely manner as the abutting property owners become interested in acquiring the additional property. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council approval of this request to close and sell the southern portion of the old North Temple Street between 2100 West and 2200 West subject to the usual requirements for appropriate utility easements and specific design requirements identified by Engineering, Fire, Transportation, and Public Utilities . August, 1990 Janice M. Jardine 7 s..77 ..;1 a itilikso: 141N;:! .,\Xiti 1 - . \.• •4\70b....NOMVAX• IN. . b111. North Tem.1ekl, "`'_ ' )" " 41',6lo\'.4.......\.) *6.. H,,,, .l :N111414L 4011/ S. • 4 .... . . . • : kk..414,.‘w4\\ -4-gre • a 141S, 4 / or TITLE ES ! TITLE CO. July 13, 1990 Hand Delivered Ms. Janice Jardine Salt Lake City Corporation City and County Building, Room 406 444 South State Street Salt Lake City, Utah 84111 Re: pt. North Temple Street adjacent to Radisson Inn - Airport Dear Ms. Jardine: At the request of Mr. Guy Woodbury, this company has conducted a search of the real property ownership records of Salt Lake County, Utah for the purpose of confirming the title to that portion of North Temple Street which was conveyed to Salt Lake City Corporation by that certain Quit Claim Deed from the Utah Department of Transportation which was recorded in the office of the Salt Lake County Recorder as Entry No. 4664203, in Book 6056, at Page 1168 (a copy of which is attached hereto for your reference) . As a result of our search we have determined that the Utah Department of Transportation was in fact the record owner of the above described property at the time of the execution and recordation of said Quit Claim Deed. This letter should not be construed to be a Commitment for Title Insurance, a Policy of Title Insurance or an Abstract of Title and no representation is made herein as to the status of title other than as is specifically stated. Should you desire any further information, please direct your inquiry to the party named below. Sincerely, TITLE:WES TIT CO By: , /(. (/ ' A ed ignatory CC: Guy Woodbury Woodbury Corporation 2677 East Parley's Way Salt Lake City, Utah 84109 675 EAST 2100 SOUTH, SUITE 350. SALT LAKE CITY, UTAH 84106 801-485-1600 Parcel No. 034-1t2rSTQ ,M1 ,E`i �;}(( ZZy Project No. F-034-1(9) Sal,lasts�!►,�Qo9 r►�� i �� 4�• BtQd alt a e aunty The UTAH D3PARTi NT OP TRANSPORTATION, by its duly appointed Director, Grantor, of Salt Lake City, County of Salt Lake, State of Utah, hereby QUIT CLAIMS to SALT LAKE CITY CORPORATION , Grantee, QQ� County o at 444 SouthlSB. t° Snit Lake C1t.Y. Utah 8411] ' F3 ,zip 84111 , for the aura of f $d1� g , State of Utahaura T9. ;pfd r1o/1 RA Dollar) , ' the following describod parcel of land in Salt Lake County, State of Utah, to-wits A tract of land eituato in the SEW* and 8i8Bk of Suction 33, T. 1 N. , R. 1 W. , (LL.B.6 M. The boundarioo of acid tract of land are described ao followot Beginning in the southerly right of way line of North Temple Street at a point 668.23 ft. north and 340.71 ft. woot from the South Quarter of said Section 33, said point io also 66 ft, perpendicularly diotcnt southerly from the monument line of said North Temple Street; thence iteotorly 23O0.87 ft. along a lire parallel with eaid monument line; thence N. 62 33'38" H. 286.31 ft. to the northerly right of way line of maid North Temple Street; thence Weeterly 2247.43 ft. along a line parallel with paid monument line; thence South 16 ft. ; thence Westerly 307. 71 ft. along a line parallel with °aid monument line; thence South 116 ft. to the point of beginning. The above described tract of land contain° 7.243 acres. Together with and pubjoct to any and all easement°, restriction°, and rights of way appoaring of record or enforceable in law and equity. Junkyards, co defined in 23 USG, Section 136, °hall not be eatebliahad or maintained on this tract. III WITNESS WIORROP, the acid UTAH DBPAltli-te CI 3.ANO Ple ..- TATION hac ccucod this inatrucant to bo t ocrutod thio v1 day of Q�,T, A.D. , 190 -.t by it° ? Director. `` �jj i BTAT3 OF UTAH ) UTAH AWATMENT 99 jfRA 3PORTATION 96. Dy k COUNTY OP CAA LAM ) 4 441 Ditr©otor �- i •rI1Y ,00 , ''": w I. d to first above written pos�oenally appeared before tea, ii +r'! �. .ilk .11 , . , who by co duly sworn did nay that ho 04 ✓.'110111114' 1 0 _ • vector, and be further acknowledged to no n 1 PY,t is ' Lgno4 by hi- in bohLlf of said UTAH DgPAAre[!'T 07 I� i pisoat r' .• •• otary o , . Prepared JDA 4/6/87 ' i . ? 4 1-)00z1 << ,) • 1 Mountain Fuel A OUESTAR COMPANY ;n7 _' 180 EAST FIRST SOUTH P.O.BOX 11368 SALT LAKE CITY, UTAH 84139 PHONE (801)534-5555 February 20, 1990 Ms. Janice M. Jardine Community Planner Room 406, City and County Building 451 South State Street Salt Lake City, Utah 84111 Re: Petition 400-787 Woodbury Street Closure Request North Temple between 2100 and 2200 West Dear Ms. Jardine: Mountain Fuel Supply Company has a 6" high pressure gas main in the subject street. This vacation request should only be approved subject to the following: 1. Petitioner's rights are subordinate to Mountain Fuel Supply Company's rights to lay, maintain, operate, repair, inspect, protect, remove and replace the existing 6" gas line and related facilities. 2. Petitioner shall not build or construct, nor permit to be built or constructed, any building or other improvement over or across the vacated street, nor change the contour thereof, without written consent of Mountain Fuel Supply Company. 3. Petitioner will execute a Right-of-Way and Easement Grant for a 30.0 foot wide right-of-way and easement as shown on the attached map. When described, said right-of-way will be presented to the petitioner on the attached form. Enclosed is my card. If you have any questions, please contact me. Sincerely, r1 4Z,,t David A. Ing eby `l1 Property Agent cnh Attachment cc: R. J. Zobell M.G. Warner D. L. Cox MOUNTAIN FUEL SUPPLY COMPANY A OUESTAR COMPANY RIGHT-OF-WAY AND EASEMENT GRANT a corporation of the State of Utah, Grantor, does hereby convey and warrant to MOUNTAIN FUEL SUPPLY COMPANY, a corporation of the State of Utah, Grantee, its successors and assigns, for the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, a right-of-way and easement feet in width to lay, maintain, operate, repair, inspect, protect, remove and replace pipelines, valves, valve boxes and other gas transmission and distribution facilities (hereinafter collectively called "facilities") through and across the following-described land and premises situated in the County of , State of Utah, to-wit: Land of the Grantor located in Section , Township , Range , Salt Lake Base and Meridian; the centerline of said right-of-way and easement shall extend through and across the above-described land and premises as follows, to-wit: TO HAVE AND TO HOLD the same unto the said Mountain Fuel Supply Company, its successors and assigns, so long as such facilities shall be maintained, with the right of ingress and egress to and from said right-of-way to maintain, operate, repair, inspect, protect, remove and replace the same. During temporary periods, Grantee may use such portion of the property along and adjacent to said right-of-way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. Grantor shall have the right to use said premises except for the purposes for which this right-of-way and easement is granted to Grantee, provided such use does not interfere with the facilities or any other rights granted to Grantee hereunder. Grantor shall not build or construct, nor permit to be built or constructed, any building or other improvement over or across said right-of-way, nor change the contour thereof, without written consent of Grantee. This right-of-way shall be binding upon and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee, and may be assigned in whole or in part by Grantee. Page 1 of 2 Pages It is hereby understood that any parties securing this grant on behalf of Grantee are without authority to make any representations, covenants or agreements not herein expressed. IN WITNESS WHEREOF, Grantor has caused its corporate name and seal to be hereunto affixed this day of , 19 . A FFLST: By: Secretary President STATE OF UTAH ) ) ss. COUNTY OF ) On the day of , 19 , personally appeared before me and , who, being duly sworn, did say that they are the and , respectively, of , and that the foregoing instrument was signed on behalf of said corporation by authority of a resolution of its Board of Directors (or)* its Bylaws, and said and acknowledged to me that said corporation duly executed the same. Notary Public Residing at My Commission Expires: * Strike clause not applicable. Page 2 of 2 Pages LINDA HAMILTON SAZ ,a 0 v fl PALMER���0 PALMER DEPAULIS DIRECTOR OF FINANCE MAYOR FINANCE DEPARTMENT Purchasing and Property Management Division 451 SOUTH STATE STREET, ROOM 345 SALT LAKE CITY, UTAH 84111 PROPERTY (801) 535-7133 February 22, 1990 T0: Janice Jardine Planning FROM: Linda Cordova Property Manager REF: PETITION NO. 400-787 - WOODBURY REQUEST FOR STREET CLOSURE CN NORTH TEMPLE Property Management has no objection to the request for street closure, subject to the retention of easements for any existing utility lines. The petitioner is to pay fair market value for the property; and it should clearly be understood by the petitioner that it is their responsibility to pay for the appraisal and should be prepared by a City approved MAI appraiser. They may contact our office to get the list of approved appraisers. Please call me on Ext. 6308 if you have any questions. LC/mt Jardine.Woodbury PALMER DEPAULIS SALT'LAKE''arpr CORPORATION MAX G. PETERSON, P.E. MAYOR ' CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH.STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7871 TO: ANICE JARDINE, PLANNING FROM: ARRY EWING, ENGINEERING DATE: MARCH 23 , 1990 , SUBJECT: PETITION 400-787, REQUEST FROM THE WOODBURY CORPORATION TO CLOSE A PORTION OF OLD NORTH TEMPLE STREET This department has completed the review of Petition 400- 787, to close the south half of the old North Temple Street between 2100 West and 2200 West Street The petitioned proposal is to use part of the old road to expand his motor hotel operation. The following comments are provided: 1) A request of this nature will require the acceptance by all abutting property owners . 2) Design a roadway alignment and traffic plan for the intersection of North Temple and 2200 West Street. 3) Any construction affecting the existing utility lines or their easements will require approval from the owner (s) of said utility. The City will not assume any responsibility or financial burden. 4) Submit for approval a drainage plan to incorporate the proposed land acquisition to the total site. Their current development drainage plan has never been approved . This department will recommend for the approval of the vacation and sale of this property with a stipulation of meeting all the aforementioned items. HE:cp cc: Charles Call Vault JOSEPH R. ANDERSON SALT'LAKE'CITY` CORPORATION. TIMOTHY P. HARPST, P.E. PUBLIC WORKS DIRECTOR 4i CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6630 February 23 , 1990 Janice Jardine Planning & Zoning 4th Floor - City Hall RE: Petition #400-787 - Closure of a Portion of Old North Temple 2100-2200 West Dear Janice: The Division of Transportation ' s site review comments and recommendations are as follows for the proposed closure of North Temple between 2100 and 2200 West: 1) The petition to close a portion of roadway off the south side of North Temple between 2100 and 2200 West causes centerline of the roadway to be located further to the north affecting continuity of traffic lanes between blocks, realignment of joining blocks would be necessary. Typically, roadway is closed off both edges leaving alignment the same. All abutting property owners between 2100 West and 2450 West should be involved with a master plan for the roadway. If roadway is closed on only one side instead of both sides , even for one block, it should be by agreement of all property owners between 2100 West and 2450 West. 2) Final agreement will be subject to submittal of approved construction plans for the complete restructure and alignment of North Temple with all required intersection revisions (2100 West, 2200 West, 2400 West), driveway revisions , traffic control devices (signal , signs , striping) , drainage control, street lighting, etc. 3 ) All revisions as a result of the closure are to be at the expense of the petitioner with no hardship to the city. 4) All utilities and utility easements shall remain as required and approved by the entity concerned. Any changes required will be at petitioner ' s expense. 5 ) Enclosed is a sketch of the existing traffic pattern showing the alignment through the intersection at 2200 West. Sincerely, Scott R. Vaterlaus Traffic Engineer I BDW/lh cc : Steve Meyer Barry Walsh File LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. l ' ,�1` R D 1 T ���]7a` SUPERINTENDENT � � v �, l V�llip lO1S\i WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & WaterworksWATER RECLAMATION PALMER DEPAULIS Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE S 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: JANICE JARDINE PLANNING & ZONING FROM: E. T. DOXEY WATER RECLAMATION SUPERINTENDENT DATE: FEBRUARY 16, 1990 SUBJECT: PETITION #400-787; WOODBURY STREET CLOSURE REQUEST - N. TEMPLE The Public Utilities Department has reviewed the above noted petition and has found there is conflicts; 2 water and 2 sewer mains are in North Temple. If the request is granted the Public Utilities Department facilities will have to be protected. If you have further questions regarding this matter, please feel free to call Mr. Ray Eastman at 483-6787. /kg enclosure cc: File / • , ... . . • . . ... , .... . . ; '7 Petition ®• 400-787 i ! II li Til;C: I[ rirll'Iwli.:) il By Wnndhilry Corporation C . I 1 — C.-- 1 1 V ! - , „•-•(-1 - >- ' 1 By - Guy R. Woodbury . ," • •••-°".9 I I, t./.. : • . ; ' Requesting Salt Lake City to close I ! ! !- - the southern portion of the old North; CITY PLANNING & , . . r\i ii ! Temple Street between 2100 West and i 1 ZONING COMMISSiC . r WestStreet... ! i 1 i 2200 ill 1 7 I Czlr 7 (.) ).. i (. ttc.),,E... -7 -. < AlSol.. .. I. • I '; A ,r,-7-1—7 ••;)f''..; FA0‘}: ,%4--,-) -7-•'- .i. , ..? I I — • c : 0 L. 1,-k, ,:._ ff,c),; (5 "7'•,••.2n;.fi.• . 1 I ; P.-4....i..:- ,v• L:.-7" . _ i li • . i 1 ! i-••• ( :4:L. -. i /...... . - : c co LA-r-,=1 -ro —7— '''' ; . ; i ; • IV 4 LAJ pl 0 , -7-C.'46" /9. I. 0. CA-7/D,-. i f.;,..' C v! ,--•,' _._.-- 1 I i0 r--/ -77-.i A 77- .C---.4 .2 - ---r• 1 I i 1 i pz) ki„a ii.... .L.: -./.1• _,4 ry—,- --e,2_ 1 1 0 v'Z..-L.. N 0 i€ ., 0 i 7.':-i I I p4ok jii.L. A G-C-5...S ! . 1 I 1 t, 4--....a t•'.-7.- "."-i 3 , 1 3_) iz..L. ; A ,i • , i 15 ,,„ :, ,..,) ,A./£s • I (.14-0 v I 0< A cc- 5-5 • I I • , II ..........it ,.... ---;•-‘,.....-v , I ' I : Date Filed January 24, 1990 Addrest 2677 East Parley's Way _ Salt Lake City, Utah 84109 1 , •. ....- -4 - • - . . . ___.. . -4.1.. : „,, L III Ii WOODBURY Realrors / Brokers / Managers Developers / Consulrants / Architects 2677 East Parley's Way / Salt Lake C;ty. Utah tt1l(i ' (801) 485-7770 January 25, 1990 Mayor Palmer DePaulis City & County Bldg. 451 South State Street Salt Lake City, UT 84111 Re: Street Closure Request Dear Mayor DePaulis: We hereby request the closure of the southern portion of the old North Temple street between 2100 West and 2200 West in Salt Lake City. As the adjacent property owner, we also request the opportunity to acquire the property. According to Salt Lake County records, old North Temple was transferred to Salt Lake City Corporation by the Utah Department of Transportation on July 19, 1988 (see enclosed copy of the vesting deed) . The portion of old North Temple at issue is clearly oversized for its current and projected use. As you know, North Temple was re-routed three years ago. The result of the re-routing was that the old North Temple west of 2100 West was transformed from a heavily traveled 4-6 lane highway into a infrequently traveled side road - with no corresponding change in the street width. Yet, only a single lane of West bound traffic is permitted to enter the eastern end of old North Temple (approximately 2100 West) and there is no access to the new North Temple for eastbound traffic from this section of road. The street is so infrequently used that snow removal crews have often not even plowed the segment of old North Temple that we hereby request to be closed (see copies of photographs attached) . We propose a closure of the southern portion of this road as outlined on the attached Exhibit A. We would initially use the property for additional landscaping and parking for the Radisson Hotel . However, we would like the opportunity to use this property in the future for an expansion our existing hotel facility by adding more guest rooms and/or meeting space. Exhibit B attached is a conceptual drawing of how such an expansion may be done. 371-A. Suite WL Ogden City WA /Ogden Utah 84401 !(801)627-1980 E 205 i!nivewry Moll / Orerm Utah 84058 - 801 ) 224-1423 765 Star I lou;4•. islet She)Tsu, Ko.s.loon i long Kong ; (3) 7230187 Sre,r,v eg 7 .. .' '; FrankfLr. 4 Fed. Rep. of Germany /60-29521 Please note that, to our knowledge, there is a high pressure gas main as well as water, sewer and telephone lines running in the portion of street we request to be closed. The market value of the property should be very low because its use for anything but ground level parking or landscaping would require moving those utilities at great expense. Enclosed please find our $100 filing fee. Should you or any of staff have any questions, please call me at 485-7770. Thank you for your consideration of this matter. Sincerely, WOODBUR( CO PORATION, agent for;L'A�UBERGG, ,, y/77 V> Guy(R. oodbury General Manager GRW/cmp Enclosures w►M Parcel No. 034-1:2:STQ 8411Lake Cott Vah 81ftrim Quit {tp pta Project No. P-034-1(9) ; .:;• sit a sun y l' The UTAH DEPARTMENT 07 TRANSPORTATION, by its duly appointed Director, V Grantor, of Salt Lake City, County of Salt Lake, State of Utah, hereby QUIT • CLAMS to SALT LAKE CITY CORPORATION , Grantee, ^;:. co, G,! at 444 South ItAIL.Street. Salt Lake City, Utah 84111 , ; S County of Salt Lake , State of Utah ,sip 84111 , for the sum of Ten And no/lOO Dollars, itIM the following described parcel of land in Salt Lake County, State of Utah, • to-wit: A tract of land situate in the SEW,* and SiSE} of Section 33, T. 1 N., R. 1 W., B.L.B.& M. The boundaries of said tract of land aro described as • follows: Beginning in the southerly right of way line of North Temple Street at a point 668.25 ft. north and 340.71 ft. west from the South Quarter of said Section 33, maid point is also 66 ft. perpendicularly distant southerly from •; the monument line of said North Temple Street; thence Easterly 2300.87 ft. '• along a line parallel with said monument line; thence N. 62 33'58" E. 286.51 ft. to the northerly right of way line of said North Temple Street; thence Westerly 2247.43 ft. along a line parallel with said monument line; thence South 16 ft.; thence Westerly 307.71 ft. along a line parallel with said monument line; thence South 116 ft, to the point of beginning. The above described tract of land contains 7.245 acres. Together with and subject to any and all easements, restrictions, and • rights of way appearing of record or enforceable in law and equity, Junkyards, as defined in 23 UBC, Section 196, shall not be established or maintained on this tract. IN WITNESS WHEREOF, the said UTAH DEPA&TME OF TSANSP•=TATION has caused this instrument to be executed this day of / , . , A.D., 190 by its �p `J �_ Director. / STATE 0P UTAH ) UTAH 8} NT P e8PORTATION as. By COUNTY OF SALT LAAZ ) Adieht Director . -, ^or �� ,, ' d to first above written personally appeared before me, i.r. , 1�i;. •fa. , , oho by me duly sworn did say that he -,,.,p 6V. rliVIR MIN , rector, and be further aohnowledged to es - n,b. v!2 " e as a gne• by hi:., in behalf of said UTAH DEPARTMZN? OP M C9 :k, ,tro.t_-_ 4 . 9- Al - `.r'/ --...--r, —i—m- Prepared JDA 4/6/87 • • • . w•. • Y ' I J' • • • 4.�f v- • 7 AUGUST 8864209 158 3 : AM KATIE L AH UTDIXONT .RTNAH DEPT. 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ANDERSONr a�u ayi e `D+eI® PALMER DEPAULIS PUBLIC WORKS DIRECTOR MAYOR DEPARTMENT OF PUBLIC WORKS 451 SOUTH STATE STREET, SUITE 507 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7775 TO: SALT LAKE CITY COUNCIL DATE: October 2, 1990 RE: Agreement between the Utah Department of Transportation and Salt Lake City Corporation to upgrade traffic control equipment at State Street and South Temple. RECOMMENDATIONS: The City Council approve the agreement. AVAILABILITY OF FUNDS: Utah Department of Transportation will be responsible for power for the signals operation and Salt Lake City will be responsible for power for the street lights . Funds are currently budgeted in the city ' s street lighting account to maintain the street lights . DISCUSSION: The approval of this agreement will result in adequate lighting in the area of State Street and South Temple and upgrade the signal equipment at that location. SUBMITTED BY: kG,„„iLka4„.... 'ospe ' . Anderson Public Works Director V V ,r " �tay DA. A T�_i L Gc�T�Yr GCS,U1 C 0 D4 �1,®ia\ TIMOTHY P. HARPST, P.E. JOSEPH R. ANDERSON •.,v.ars PUBLIC WORKS DIRECTOR - l CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING a_ 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 •"°"'k „f TELEPHONE (801) 535-6630 q: •• September 18 , 1990 Cis, 6 . ` O , Roger Cutler qV; xi.. City City Attorney 9\ 5th Floor - City Hall THRU: Joseph R. Anderson - Public Works Director RE: Agreement with Utah Department of Transportation to Upgrade Traffic Control Equipment at State Street and South Temple Dear Roger : Please review the attached agreement and resolution between Salt Lake City and Utah Department of Transportation (UDOT) for the upgrading and modernization of the traffic control equipment at the intersection of State Street and South Temple in downtown Salt Lake City. Under terms of this agreement UDOT will install a new traffic controller , mast arm traffic signal heads , loop detectors and three (3) 400 watt high pressure sodium luminaires atop the mast arm signal poles as shown on the plans , at the above named intersection. UDOT will be responsible for power for the signals operation and Salt Lake City will be responsible for the street lighting power . Funds are currently budgeted in the city' s street lighting account to maintain the street lights . Following your review we will route the agreement to Joe Anderson, Public Works Director , and then to the mayor and City Council for approval. Sincerely, Timothy P. Harpst, P.E. City Transportation Engineer GHB/lh cc: Jerry Blair File RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN UTAH DEPARTMENT OF TRANSPORTATION AND SALT LAKE CITY CORPORATION WHEREAS, Title 11, chapter 13 , U.C.A. , of 1953 , as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows : An agreement between the State of Utah Energy Office and the Salt Lake City Transportation Division for the upgrading and modernization of the equipment at the intersection of State Street and South Temple in downtown Salt Lake City. 2 . Palmer A. DePaulis , Mayor of Salt Lake City, Utah is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City Utah, this day of , 1990 . SALT LAKE CITY COUNCIL BY: CHAIRPERSON ATTEST: CITY RECORDER CONTRACT ROUTING FORM REQUESTING DEPARTMENT/DIVISION DATE PUBLIC WORKS/TRANSPORTATION DIVISION 9/18/90 DEPARTMENTAL CONTACT PHONE TIMOTHY P. HARPST, P.E.- CITY TRANSPORTATION ENIGNEER 535-6630 NAME OF CONTRACTING PARTY REF # UTAH DEPARTMENT OF TRANSPORTATION (UDOT) MM-3441 SUBJECT Agreement NO. MM-3441 between the Utah Department of Transportation and Salt Lake _City Corporation (Authority No. 9872) Yes No Number of Copies Insurance Required Expected Completion Insurance Attached RECORDER FINANCE Contract No. Vendor No. Account No. Funds Available Funds Not Needed ATTORNEY APPROVED AS TO FORM Date By COPY DISTRIBUTION Date To LTtah UTA �1 � rl \ � H DEPARTMENT OF TRANSPORTATION Transportation Commission J.Taylor Chairman •�"y " • Wayne S.Winters IVice Chairman Norman H.Bangerter : ` [.L. "" h Todd G.Weston Governor _ ;� ��•• James G.Larkin Eugene H.Findlay,C.P.A. C t_ Executive Director 4501 South 2700 West /J�-- ;J t� F.�, John T.Dunlop Y( :. H.H.Richardson,P.E. Salt Lake City.Ulan 81119-5998 ,JJ' Elva H.Anderson Assistant Director - (801)965-4000 ,/�j Secretary August 27, 1990Ci,N,� a : : 0, 7 r- ., Salt Lake City Corporation AU G 2j1990 City and County Building 451 South State Street PUBLIC WOFKS Salt Lake City, Utah 84111 ENGINEERING DIVISION ATTENTION: Richard A. Johnston Deputy City Engineer SUBJECT: _ NT-9999 ( 103 ) ; Salt Lake County Street Lighting on State Street (SR-89 ) at South Temple SALT LAKE CITY Authority No. 9872 MM-3612 Gentlemen: Attached are four copies of our proposed agreement between the Utah Department of Transportation, and Salt Lake City on the above noted project. Please review this agreement. If you find it satisfactory for the purposes intended, please have the proper officials execute three copies and return them to this office for our further handling. A copy of the fully executed agreement will be furnished when available. Yours truly, James C. Nelson, P. E. Engineering Coordinator, Utilities and Railroads JCN/MMcCuan Cam. Attachments an equal op00ftunAy employer • a e L us i an . ,� \,. Transportation Commission \` UTAH DEPARTMENT OF TRANSPORTATION Samuel J.Taylor Chairman , Wayne S.Winters M'i Ito. Vice Chairman Norman H.Bangerter Todd G.Weston Governor ' James G.Larkin Eugene H.Findlay,C.P.A. John T.Dunlop Executive Director 4501 South 2700 West Elva H.Anderson H.H.Richardson,P.E. Salt Lake City.Utah 841195998 Secretary Assistant Director (801)965-4000 August 27, 1990 Salt Lake County Contracts Office 2001 South State Street, #N-4500 Salt Lake City, Utah 84190-3100 ATTENTION: LeRae Herron Grants and Contracts Manager SUBJECT: NT-9999 ( 103 ) ; Salt Lake County Street Lighting on State Street (SR-89 ) . at South Temple SALT LAKE CITY Authority No . 9872 MM-3612 Gentlemen: Attached are four copies of our proposed agreement between the Utah Department of Transportation, and Salt Lake City on the above noted project. Please review this agreement. If you find it satisfactory for the purposes intended, please have the proper officials execute three copies and return them to this office for our further handling. A copy of the fully executed agreement will be furnished when available. Yours truly, James C. Nelson, P. E. Engineering Coordinator, Utilities and Railroads JCN/MMcCuan Attachments • an equal opportunity employer NT-9999 (103 ) ; Salt Lake County Street Lighting on State Street (SR-89 ) at South Temple SALT LAKE CITY Authority No. 9872 MM-3441 AGREEMENT THIS AGREEMENT, made and entered into this day of 1990, by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "UDOT" and SALT LAKE CITY, a Municipal Corporation of the State of Utah, hereinafter referred to as the "City" , WITNESSETH: WHEREAS , the parties hereto desire to install street lighting facilities under Project No. NT-9999 ( 103 ) , State Street (SR-89 ) at South Temple Street, Salt Lake City, Salt Lake County, Utah. Utah. Said facilities are shown on the plan sheet which is marked "Exhibit A" attached hereto and made a part hereof; and WHEREAS , UDOT is willing to provide materials and installation for said lighting assemblies at no cost to the City; and WHEREAS, after construction, the City is willing to furnish electrical energy and thereafter maintain without further cost to the UDOT; and WHEREAS, the UDOT has determined by formal finding that payment for said work on public right of way is not in violation of the laws of the State or any legal contract with the City. THIS AGREEMENT is made to set out the terms and conditions whereunder said work shall be performed. NOW THEREFORE, it is agreed by and between the parties hereto as follows : 1 . The UDOT will furnish all materials and install three (3 ) 400 Watt high pressure sodium luminaires atop the mast arm signal poles as shown on said plans . 2 . Upon completion of construction the City will own the luminaire light units, extensions atop the mast arm signal poles , wiring to the light units and all appurtenances associated with said light units and will arrange for electrical hookup and will thereafter maintain, provide electrical power, and renew said street light units and appurtenances at no cost to the UDOT. 1 NT-9999 (103 ) ; Salt Lake County Street Lighting on State Street (SR-89 ) at South Temple SALT LAID; CITY Authority No. 9872 MM-3441 3 . Upon completion of construction the UDOT will own the traffic signals , signal poles, and all appurtenances associated to said signals and will arrange for electrical hookup and will thereafter maintain, provide electric power, and renew said signals and appurtenances at no cost to the City. 4 . It is understood that access for maintenance and servicing of the City's property located on right of way of said project will be permitted only by permit issued by the UDOT to the City, and that the City will obtain said permit and abide by conditions thereof for policing and other controls in conformance with UDOT's "REGULATIONS FOR THE ACCOMMODATION OF UTILITIES ON FEDERAL-AID AND NON-FEDERAL-AID HIGHWAY RIGHTS OF WAY" , a copy of which has been furnished to the City and any supplements or amendments thereto. 2 • • NT-9999 (103 ) ; Salt Lake County Street Lighting on State Street (SR-89 ) at South Temple SALT LAKE CITY Authority No. 9872 MM-3441 IN WITNESS WHEREOF, the parties hereto have caused these presents _ to be executed by its duly authorized officers as of the day and year first above written. ATTEST: SALT LAKE CITY, A Municipal Corporation of the State of Utah By Title Title ( IMPRESS SEAL) ********************************** ******************************** RECOMMENDED FOR APPROVAL: UTAH DEPARTMENT OF TRANSPORTATION By Engineering Coordinator, Engineer for Preconstruction Utilities and Railroads APPROVED AS TO FORM: R. PAUL VAN DAM, ATTORNEY GENERAL APPROVED: By: Title: Assistant Attorney General Director of Finance 3 • LEGEND -1 ,- 18.00 NOTES: i' I 0 I aE ? I m ' I. FOR PEDESTRIAN S16NAL,LIGHTING AND DETECTOR CIRCUITS SEE CIRCUIT 0` ulI q DETAILS TXEET 110.39. 'Wq' 3 y !44!��I 2. MAST AP11 IOUSTED STREET SIGNS REQ'0.(!)STATE STREET(D)SOUTH to W , im,rnc e,mr NOR ue,•w o _ - W W Uri - TEMPLE. moo e� ,.aa•l� . 0. TOP OF E OR ARM SIGNAL POLE FOUNDATION TNALL BE FLUSH WITH TOP OF "S�II SIDEWALK OR BACK OF CURB. R z era race.Q - r I¢" m ill! EXHIBIT !, EIGHT PHASE CONTROLLER VITN TYPE M CABINET AND FOUNDATION REQ'D. i • __ mom Pea }! 3 4 ut ; I I°: A SEE POLE SCHEDULE FOR LOCATION- c3 1 Y x,a•-a senem arm.Rua rem ,m+es�w aeve r•wero rJ r - g �1( I I I I - I� 5, PEDESTRIAN EW IPMENT AND TELEMETRY BOX TO BE REUSED IN NEY I _ "i'III r IMSTALUTION. 'j -.i nw x,„-e ea>•mew<+•....x le Nor I I- I 'PC, 6. TRAFFIC SIGNAL POLES PT.P2,AXD P3 REQUIRE LIGHT POLE EXTENSION WITH iI. a a V .T u xL' o e ¢AMA TM MVO . I i TYPE III SI GNAL PO. - y 7. EXISTING SIGIUL POLE FOUNDATION P![S TO BE REUSED. GROUTING 0.Ep'D = +.re m.r-e we.mesa.Nee eem ...... f�areas PER STD.DWG.N0.I45-55C. 'i:g 4. • _ i _ I _ I 8. POWER SOUNCE_CINTACT DEAN COLMAN OF UPBL AT 220-6755 THIRTY WORKING - 3 X _ oar r - I ) I DAYS REfOPE POWER 1S REED. } zC-`.I��'m'o s I 9. CONTACT lERR7 IIRI5 SALT UKE CI7'I SIGNAL SUPERVISOR,AT 535-6997 '� y.. 0 20 e0 g -I ' lea I I ONE 4EEX PRIOR TO WIRING SEGw1l'CIACUIT. • se.IO 1 -___ I Seale M Feel R ^ I Io I c p G•N• 4 TS +a*.er ) • s l� A 12 17.00 e. ma uI•ee oven a IIII, WI 4 iiP.�-JJ III I c cTer rl.�wane e O 6'w6' m • I III m ^ 3 --0I« eeY,.l A m e.m oe.e HA _ ' 6 = «$ II @ •ee 3 TR own n D:-SOLID WIRE EXLSTBVG p I III - -- P `I O STOP BARB PEDESTRIAN CROSSING e n O • III - - - < III • - III .... IY W IT, l�yp1 111 > © 6.IG)O I I[s\\\\ I d • 14.Sidewalk I 8•Sidarelk S.L-C.B.M. 120 T^� RAMP 3 - 1 j_ - Z n n n - I I r-1 -) T 7 ., -i II i ae — - - 7 Dream I s 0 (/p y - i •19Y.L• .... Z.Isw.I •I9V.I ISV.I.. I / I �v.= _I ) ^\ I EXISTINGECTOR F. g. Cwtl -ruvrer Ramp I � {-LOOPS E";SATE STREET 5T4,IS.B3.93 - 9'SOLID WNTE EXISTING :". \ .Y- : + g • SOUTH TEMPLE STA.5.00 I . N zo a1 4.SKI'WRTE RXISTING - 1 3T ^ ]5' I I ` Z•^FmIo1 NP WNTE EXISTING Q V - 1. I d s'SO40 DOUBLE YELLOW EXISTING 90 Q1 O g v ^ L , '4 H N il J I �� /� 1 ,P� �LEJ "Z y ro In a2.28ar• �6'Gl� S6 10�0 I N_,_ _ __ IT •<T 104 X I E I50'LOFT TURN 6',12' N. B9•`B'35•E �Nan. Line ta Li i SOUTH TEMPLE STREET TI v ~"C R SS B-SOLID WRITE EXISTING _ 90, „ -SSOLO DOUBLE YELLOW EXISTING - W= ! d ]T 35' ;_I tI nI A-SKP'OT5EXISTMG ¢^2 ` ` N.SHIP WRITE EXISTING Jy. Q y Y '- : 6. N.SKIP WRITE EXISTING I - A-SOLID WNTE EXISTING C A ! n 3T 3T (� //II Y C S C 6 / .... SEe NOTE I - ---\ Perking Area i• �� Il1- R-. i --,�sCyre!WT., J� \, Ll.PS- Q I ir -• -\� . ' I!yCane.Vall 1\\\� 666 {*ll -a a Reed • 9ltlerelk B'9ltlerelk ) l• I• • \ , I I Yneelanalr Rempe �- - ,— 1 — —' ) 0 � I I. .. 12•SOLID WRITE EST Na `ill �r 13.00 ' • W STOP BARB PEDESTRIAN CROSSING III 1 Q \ - i J II 1^ 12•SOLO WNTE EXISTING rl Z �L I�,,,/ 5 STOP BAR 8 PEDESTRIAN CROSSING • a • LIt ' $2 - - II a - /''� - STRIPING SCHFTUIE • ' ' - AD RD KX Ir1 • �), I� b ba ; I J O • �° �; a Q lr zoLtD vxtTE GEED. • POLE SCHEDULE f3 m o • ROTE: SiGXS AXO NOUNTSNG BRACXETS ARE STATE NRXISHEO ITEMS. CONTACT LEE IWi w x �� W ©8•SOLID WHITE REED. • _i Ol Z OS NI ELSON AE 965-A280,30 DAYS PRIOR TO INSTALLATION. W (( M4. , OIBTdNR ■t C j�s s at CR F- 01 MAST ARM MOUNTED SIGN SCHEDULE - I,IIIP ; ; �I` ; I 20 IS 1' �,:1 ii' ilE'� = r z ' • STOP BAR SCIST)F - • C 0 U CENTER OF +A-3 SIGN CONST. s i F r lD•OrlKeray i =.2 a N H POLE. 8'SERIES+C 24'SIGN SOURCE I LEG STA AT CONTROL LIME STA AT HOB OR FOGS OF OU, 1 24'X 30' REF. '�I �EP� r' -- e.16 -67 W LOCATION SIGN TO ENO 84`X I6+ R 10-12 • 1 �B I 'CD: NORTH - - 6 _ a • !DENT. OF MAST ARM LEGEND WXG EM/W I I I I SOUTH 5+62 5+61 IN e•e2 6r SO• 30' 10 I_ Q W WEST - - , H ppS T-6 STATPSTREET 2 EACH a i _ b I !0'OrlveveY P2 16.0. Sr 30' 10' 10' yl SE STREET _�i '3x r - P3 5.60 , Or as'. 30' 50' • I. • �j- . SOUTH TEMPLE P2P4 ,T-G SOUTH`S'E'MPLE'2 EACH n [ I ., I I ) 14.00 • Pa 13.2e 59' AT SALTLAKE II TOTAL .4 EACH I I I I . I • - - . ROVE!NO.-3e 111111111 MIKE ZUHL SALT'LAKE;G j `Gc,,ORPORATI,ON1 LEE KING INTERIM DIRECTOR A DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council October 25, 1990 RE: Petition No. 400-828-90 submitted by LeRoy and Eldean Jensen - et al Recommendation: That the City Council hold a public hearing on December 11, 1990 at 6:30 p.m. to discuss Petition No. 400-828-90 submitted by LeRoy and Eldean Jensen - etal. The petitioners are requesting that the alley located between 1200 West and Oakley and 400 North to 500 north be vacated. Availability of Fluids: Not applicable. Discussion and Background: During the site inspections of the alley a fourplex located at 451 to 457 North 1200 West was identified as requiring access through the alley to off-street parking in the rear yard. This property is located approximately midpoint within the block. The owner of the fourplex has not signed this petition. The Planning Staff has contacted Mr. Robert Bauer, the property owner, to discuss the alley vacation request. Mr. Bauer does not support the alley vacation request because he needs access to the rear yard for tenant parking, private garbage pickup and the additional property would increase his property taxes. The Planning Staff has contacted the City Attorney's Office for an opinion on the City's liability if the entire alley is vacated, as requested, with no access provided for the fourplex. Bruce Baird of the City Attorney's Office, has recommended that due to recent court decisions, the City would have a risk of liability to the owner of the fourplex if reasonable access to the property were cut off. The Planning Staff has identified the following alternatives: 1. a partial alley vacation south from the southern property line of the fourplex. 2. a full alley vacation if the property owner of the fourplex, the property owner of the triplex directly north of the fourplex (465 North 1200 West) and the property owners at 464 and 465 North Oakley abutting the rear of these two properties could enter into a private right-of-way easement allowing access through their private property. 3. a full alley vacation if the owner of the fourplex could install driveways from 1200 West to the rear parking area on one side or both sides of the property. The appropriate City Departments have reviewed this request and as per the City Attorney's opinion they recommend a partial alley vacation south from the south property lines of Lot 18 (451 to 457 North 1200 West) and Lot 41 (566 North Oakley Street) , Oakley Subdivision. The petitioner, Mr. Jensen, has been contacted and provided the information from the City Attorney's Office. He still wishes to proceed with a full alley vacation and a public hearing before the City Council. He and his neighbors would like the opportunity to present their information and reasons for pursuing a full alley vacation. Notices will be mailed to all abutting property owners. Legislative Action: The City Attorney's Office has prepared and approved an ordinance vacating a portion of the alley. The ordinance is ready for your action. bmitted by: /t.„6/2,_." / ICHAEL B. ZUHL nterim Director SALT LAKE CITY ORDINANCE No. of 1990 (Vacating a portion of an alley between 1200 West and Oakley and 400 North to 500 North, pursuant to Petition No. 400-828-90 AN ORDINANCE VACATING A PORTION OF AN ALLEY BETWEEN 1200 WEST AND OAKLEY AND 400 NORTH TO 500 NORTH, PURSUANT TO PETITION NO. 400-828-90. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alley described below is not necessary for use by the public as an alley and that vacation of said alley will not be adverse to the general public ' s interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of an alley between 1200 West and Oakley and 400 North to 500 North, which is the subject of Petition No. 400-828-90, and which is more particularly described below, be, and the same hereby is, VACATED and declared no longer to be needed or available for use as a public alley. Said alley is more particularly described as follows : Beginning at the Southwest corner of Lot 1, Oakley Subdivision, a subdivision within the /0,27 corporate limits of Salt Lake City; thence j North 426 feet more or less to the Southwest corner of Lot 18, Oakley Subdivision; thence West 16. 25 feet to the Southeast corner of Lot 41, Oakley Subdivision; thence South 426 feet more or less to the Southeast corner of Lot 58, Oakley Subdivision; thence East 16 . 25 feet to the point of beginning. SECTION 2. RESERVATIONS AND DISCLAIMERS . The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . CONDITION. This ordinance shall not become effective until the petitioner grants to the City, in a form acceptable to the City, a perpetual easement for public pedestrian access through the property. SECTION 4 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER -2- Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) BILL NO. OF I990 . Published: BRB: rc -3- ALLEN C. JOHNSON, AICP SALT LAKE' "' "—f �cO"' -' `CORPOlIl11,IO PALMER DEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7757 October 10, 1990 Mike Zuhl, Interim Director Community & Economic Development City & County Building Salt Lake City, UT 84111 Re: Petition 400-828 - Jensen alley vacation request 1200 West and Oakley and 400 North to 500 North Dear Mike: Attached please find Petition 400-828 from LeRoy and Eldean Jensen requesting Salt Lake City to vacate an alley located between 1200 West and Oakley Streets and 400 North to 500 North Streets. Through the review process the appropriate City departments have reviewed this request and basically have no objections with vacating a portion of the alley. A site inspection of the alley identified a fourplex located at 451 to 457 North 1200 West which requires access to off-street parking in the rear yard. This property is located approximately midpoint within the block. The owner of the property has not signed this petition. The Planning staff contacted the property owner, Mr. Robert Bauer, to discuss his opinion of the alley vacation request. He indicated that he would not support the vacation request for the following reasons; the property needs access to the rear yard for tenant parking and private garbage pickup, and the additional property • would increase his property taxes. • Staff has contacted the City Attorney ' s office to receive a legal opinion as to the City' s liability if the entire alley is vacated as requested with no access provided for the fourplex. Page 2 Mike Zuhl October 10, 1990 Re: Petition 400-828 - Jensen alley vacation request 1200 West and Oakley and 400 North to 500 North The City Attorneys office recommends; "Pursuant to recent court decisions, the City would have a risk of liability to the owner of the fourplex if reasonable access to the property were cut off. I note that there is no parking apparent from the photograph other than in the rear area. Accordingly, it would be our recommendation that the alley not be closed so as to block access to this property without other provision for access such as an easement through Lot 21" ( neighboring triplex property). • Staff has identified the following alternatives: A) a partial alley vacation south from the southern property line of the fourplex. B) a full alley vacation if the property owner of the fourplex, the property owner of the triplex directly north of the fourplex ( 465 North 1200 West ) and the property owners at 464 and 465 North Oakley abutting the rear of these two properties could enter into a private right-of-way easement allowing access through their private property. C ) a full alley vacation if the owner of the fourplex could install driveways from 1200 West to the rear parking area on one side or both sides of the property. Staff contacted Mr. Jensen, the petitioner, with the information from the City Attorneys office. He still wishes to proceed with a full alley vacation and a public hearing before the City Council. He and his neighbors, those who have signed the petition, would like the opportunity to present their information and reasons for pursuing a full alley vacation. Staff recommends a public hearing be scheduled with the City Council to receive public input in this matter. Based on the City Attorneys opinion the staff recommends a partial alley vacation south from the south property lines of Lot 18 ( 451 to 457 North 1200 West ) and Lot 41 ( 456 North Oakley Street ), Oakley Subdivision. Sincerely, _A0/14/1M I William T. WrigAICP Deputy Planning Director enclosures cc: LeRoy & Eldean Jensen, Petitioners WTW:JJ _ - ' .^! ROGER F. CUTLER SALT�I. T a z �-0 `,W'W V(Q EJ �' �• ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS DEPUTY CITY ATTORNEY LARRY V. SPENDLOVE CITY AND COUNTY BUILDING BRUCE R. BAIRD CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 GLEN A. COOK JANICE L. FROST FAX (801) 535-7640 MARSHA ATKIN August 21, 1990 MEMORANDUM TO: Janice Jardine Planning Division FROM: Bruce R. Baird Assistant City Attorney RE: Petition No. 400-828-90 I have reviewed the information which you have submitted concerning the above-referenced petition. It is apparent that the property addressed at 451, 453, 455 and 457 North 1200 West uses the alley as access to the rear of the building. It is also apparent that this property does not have any formal access rights from their rear area to the street through Lot 21 . Therefore, if the alley is closed this 4-plex might be able to argue that they have been deprived of reasonable access to the rear area. I note that there is no currently existing site access though you have informed me that it would be possible, at some expense and with some difficulty, to obtain access on either side of the property. Pursuant to recent court decisions, the City would have a risk of liability to the owner of this 4-plex if reasonable access to the property were cut off. I note that there is no parking apparent from the photograph other than in the rear area. Janice Jardine August 21, 1990 Page -2- Accordingly, it would be our recommendation that the alley not be closed so as to block access to this property without other provision for access such as an easement through Lot 21 . If you have any questions please call. BRB: rc R E E 1 V E II C.:71 *��ij;�^Y`J OFF r'E FIv DAL'. SALT r �,,1 OW RPM.17 Y iI;OI�i �+ �_`s. PLANNING AND ZONING ALLEN C. JOHNSON, AICP PLANNING DIRECTOR COMMISSION MEMBERS. WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN MEMORANDUM DATE: August 15, 1990 TO: Bruce Baird Assistant City Attorney FROM: Janice Jardine Planning RE: Petition 400-828 - Jensen alley vacation request After speaking with you yesterday concerning the above referenced petition I spoke with Mr. LeRoy Jensen, the petitioner, and passed on your information that it was questionable legally for the City to vacate the alley when a property needs access from the alley to the required off-street parking and that property owner does not agree to the vacation request. Mr. Jensen still wants a hearing before the City Council to present his information which is understandable. However, I would appreciate a "formal" or "official" opinion from the attorney 's office before I prepare the Planning division transmittal. I have attached a copy of the petition and a map with the property which needs access highlighted in pink, if you need additional information please call. Ai u 6 ,yyU LINDA HAMILTON SALTi" A` P_1 GAN C�®Nrl�JR f �LO PALMER DEPAULIS DIRECTOR OF FINANCE MAYOR FINANCE DEPARTMENT Purchasing and Property Management Division 451 SOUTH STATE STREET, ROOM 345 SALT LAKE CITY, UTAH 84111 PROPERTY (801) 535-7133 August 14, 1990 TO: Janice Jardine Planning FROM: Linda Cordova jr- Property Manager REF: PETITION NO. 400-828, ALLEY VACATION REQUEST AT 1200 WEST/OAKLEY AND 400 NORTH/500 NORTH. From our observation of the area, it appears that two of the abutting pro- perties would lose parking access by way of the alley. Cne of the owners to a single family residence signed the petition that you provided. However, it does appear that they would lose off-street parking. The owner of the 4-plex did not sign the petition and it appears he was reluctant to do so from the note on the list. This is the property which appears would be negatively impacted by losing its access to off-street parking around the back of the property. Based on this observation, it would be our opinion that the entire alley could not be vacated. It is my understanding that if any one property loses access, the alley cannot be vacated. However, if this one concern is addressed and is not an issue or problem, Property Management would not object to the alley vacation. LC/mt <Letters.1>Jardine.#400-82.Alleyvac l . JOSEPH R. ANDERSON SALT`.CITY( CORPORATION' TIMOTHY P. HARPST, P.E. PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6630 July 27 , 1990 Janice Jardine Planning & Zoning Room 406 - City Hall RE: Petition #400-828 - Alley Vacation - 1200 West/Oakley between 400 North and 500 North Dear Janice: The Division of Transportation ' s site review comments and recommendations are for approval of the proposed full alley vacation from 400 to 500 North Streets subject to the following : 1) Provide curb, gutter and sidewalk improvements along the 16 ft . plus frontages of 400 and 500 North to match the existing street improvements and remove the driveway appearance as required at the expense of the petitioners . 2) All abutting property owners affected by the vacation shall sign an agreement to vacate. Lots 013 and 019 do not seem to have vehicular access from the street frontage and lot 019 has not signed the petition. 3 ) All utilities and utility easements shall remain as required and approved by the entity concerned . Sincerely, ,41%.7,,Yr .(( Scott R. Vaterlaus Traffic Engineer I BDW/lh cc: Jerry Blair Barry Walsh File LLhUU U6 9yli PALMER DEPAULIS SALTS CITY CORPO°�a ION MAX G. PETERSON, P.E. MAYOR CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7961 TO: JANICE JARDINE PLANNING FROM: HARRY EWING ,' ENGINEERING DATE: AUGUST 2, 1990 - SUBJECT: PETITION 400-828 ALLEY VACATION REQUEST This department has reviewed Petition 400-828 requesting the City vacate an alley located between 1200 West and Oakley Street and 400 to 500 North Street. Vacating this alley would not have any affect or impact on this department, therefore we recommend approval of this petition. HE:cp cc: Vault SALT LAKE CITY PLANNING DIVISION DATE: July 18, 1990 TO: Blaine Collins Fire FROM: Janice Jardine Planning RE: Petition 400-828 - Alley Vacation Request 1200 West/Oakley and 400 North/500 North Please review the attached petition requesting Salt Lake City to vacate an alley located between 1200 West and Oakley Street and 400 North to 500 North. I would appreciate receiving your written comments by July 28, 1990. 0 1,1 • LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. SALT R arty; ' 1 t ' SUPERINTENDENT w ', TY GnRP+O. I� WATER SUPPLY&WATERWORKS a E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks RECLAMATION PALMER DEPAULIS JAMES M. LEWIS, C.P.A. Water Reclamation MAYOR CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: JANICE JARDINE PLANNING & ZONING FROM: E. T. DOXEY WATER RECLAMATION SUPERINTENDENT DATE: JULY 20, 1990 SUBJECT: PETITION NO. 400-828; ALLEY VACATION 1200 WEST/OAKLEY AND 400 NORTH 500 NORTH The Public Utilities Department has reviewed the above noted petition and has no objections to the Petitioner ' s request. There are no water or sewer conflicts. If you have further questions regarding this matter, please feel free to call Mr. Ray Eastman at 483-6787. /kg FORMS cc: File • RESIDENTIAL ALLEY VACATION REQUEST G� �} APPLICATION REQUIREMENTS Date: 7 / / / / G9 Petitioner's Name: A E leo Y 4'Ul2 EW E 4 Ai :J /t,J Petitioner's Address: eqqi Afo/ l' id 00 W 15 S 7— zip ?"4.71/6 Petitioner's Phone: -;9- 6 9 j L/ Property Owner's Name (if different from above) : Property Address (if different from above) : Zip Please submit the following information with this application: Identify the reasons why the alley should be vacated. 2. Submit with this application signatures of the abutting property owners who support this alley vacation request. V3. A legal description of the alley vacation area. ✓4. A copy of the appropriate Salt Lake County Ownership Map ("Sidwell") including aerial photo and property line overlay. Outline on this map the alley or segment of alley requested to be vacated with a ' colored marker. Indicate on the "Sidwell" map with a colored dot those properties supporting this request. These maps are available from the Salt Lake County Recorder, Room N1600, 2001 South State Street, Salt Lake City, Utah 84190-1051, Phone: (801) 468-3391. WHERE '10 FILE Salt Lake City Department of Community and Economic Development Room 418 City and'County Building 451 South State Street Salt Lake City, Utah 84111 Phone: (801) 535-7777 FILING FEE The filing fee will be waived if 80% of the abutting property owners sign the petition. SIGNATTURE OF PETITIOMETZ`--& 3� -_, DAB 7- - 919 A .. (WV •S Lt) i') ~1 , ,f H L (f L 1- L ) J� J LLiy' Pp_o tJ ? ►^ ,,� %'I 4chr� rc�1- -TJV`i- AL '/' p ice-) tit f A i' ' /-1 AlV /l T (� 12. ► !JP i rCleI=_ i=re ; /) TV �n/1Lc_1;� pI c; \/ L: (I- 1:2 , i A () 1 , t> � 1 1= i PL�JS0 ,'JS' .5 , C L r (' 1 k'O V-1 0 Lu Tid C A E S�,f� Pty f. o /4- ('fir', 1yi I_ (a A Lt. i^ 'I c `'. 6 rV( 'Ft ' Al , k' c—f OS / P° /3 ag L lScif'/4 r ra LC.-i V j? f2 �. '( ( ( ' L) , �LL..f1/s . ' �J5 1) ' / Tf-1 T-C-) e s ) ( L.'/ 4 oil. i v r2 0 . 3-, I �� n i /���'-a 1:5 ci _5;f_.." / 5 /-; 6>/1//Zc/'2-7/D e/ . . Page #1 April 16, 1990 We the undersigned property owners hereby request the closure of the alley in the block 1200 West to Oakley Street and 400 North to 500 North. 403 North 1200 West A<;;;,..-,.._.,/;...."7,-,-./' ,...,.7/..,/ 63.4..; ...c.F7 j?.,:,?? /,'... 4:-:- • .--,(0, 4.,.-... --i - ..-- -,409 North 1200 West ,./ .. i ',....:.-- --' -,-- - •-v- 7 ---e•C ---.•-• 3 --- - , . - --• 7/1 _,-___________________ /.- -•-A." "'t- / • --, .- -- -- - I '.i i .1 .."9 -r .. ; -,. ‘7 .... 7' ./,- -., ., 415 North 1200 West -.',' /.";./ .1 -- c".; -I'','" -) 0-• -- ---- I -.A- f2 .2: , 4- - i ,••' i ( il. I • 421 North 1200 West -1-- L ••••/ (,) • 1 '. 427 North 1200 West :c ..__,- .t e•-:- ..,,--e ,e.t.-e- ,:%/.;":,c.,e- .')';-' r..-;--7 - :5--c/ /. .,.._-,y! ?, ..,. .. . ..,..,,,,,i-',.< : ... .....____... 435 North 1200 West / , i( ) - -7/ ? 6 -2 --•-5-0 6. / ,- ----7z -4 ---i--- L " c;(/ 1--x-,,,-:. ) ---'7 -- ,-, 7) ,_ :.,• i , (.•:::• ..-, - ?.7-• ,_ • .., ,,,----;..z....-c-e...-- - ii 441 North 1200 West ( ‘. 7) _-, t... •- 1 (-ii i1 4" 7 5 _ /i-".,..e..,:._ .....-/./...,_ ,-<.....s.,•: _,-....- ,.:(1...• ..., •(.• -.7.- ---' J -, - ------ f_.--• ..1 i -- i'' fr-- I,zi _ ' Page #2 447 North nn1200 West 1..t `f 'i I„ 1 ,._.y! 7.`7 ! `� t C' 3(_% '4 (- c'J t•( ( j.(.)0. J)i,(..1, 1 ( �' '-iif f1(�j'Yf "1 ( _,f v 90 /,,_ 451 North 1200 West \ \ 453 North 1200 West • 455 North 1200 West 457 North 1200 West 3 f.j-x 465 North 1200 West )/ U L) 7 473 North 1200 West — `l) ✓-"Z ,,,n - n ��C,`'r�"— '- 3— 1/ / 1 479 North 1200 We,�//stH)1„ 41 �,r rl �' Vt c 9 7 l `f 0.,0- No, " , C;c,t.ti L;.Z i. 1 1 485 North tA/0,....„ ___•_„___....„.",,,,.,_7_,) „(r.,1200 West /li Page #2 447 North 1200 West b;-i Ca a 451 North 1200 West i` \ 453 North 1200 West 'I 455 North 1200 West 457 North 1200 West .. 3 PLi_-_ ,k 465 North 1200 West - ` ct-Z(.�t�, , -c, ,Z.� 'jz' v� 4_ (7 C- C:k..C.' - A- Gt. 473 North 1200 West 2.--/ A6---"?..-yw i n G r'2.G�&_ 3- 77 i 11 Cr" 12_, creo,a -c-iz_ ( 479 North 1200 West giOr 0 6.164 .e__ -.4 ;SA;21)61' 4' Z7 — Cat('Rkk, (-. 485 North 1200 West (4 (qt,ii„,,..t.„ 9,4-7,7„ ,_,, ,-3-, _ --„,i.i.,,_,- . _, ,605 . . ., .. Page #3 (TM 500 North 1233 West 1--- - "-- _ f <--,•_-:„ .<,— ci ...:, _ o cili ac•vi//,--)4,_-_/ :' / ..., 406 North Oakley Street —a6/111'L / ii.).-!-{. .:-e.--.-. /.72, . . _L4, 1-•,- -,--. ' ._ •4/ • •• ---/:?..---, /6 ,-,,- • t, ., -• 7 fr•: . , • _ .....-------- 410 North Oakley Street - / . / ;,- -, ... / t- • / /-2 /, ,-- L:-."- --,.- ' /--- -,::_.-,14,...,(- ..v (.„ ._.) .5'-' •-• _-••• _I z, ( .•,, i,s ..'- ' .,..:_ 7.I- 6..Z _ '.;7.5-- j :!,•!Z t7---- ,- / ....._-; . 420 North Oakley Street( - .. ..I/Jr (\._.., .--•,?"--.)./ ./2,..*-, _ v 430 North Oakley Street - / 7. ... ,_ -- -,) V, //c/ 61. i 04. ,l' il•1G sia- (--/-.: ,k 6ii ,-/!-! --, , 4.41am, '/)- (. IA's.e., - - 436 North Oakley Street ./. ,,_ • . ," ?.,.-- 4 yr •,-_-/,--..) ( ,-.:., (f..::•-..-.) / ...../ -.•3 /) ,./,;..11 e-, 444 North Oakley Street --) ' i i ' ,- -c : ( Vr1)(..v ce._ C.( ,r--(...,, //,, -- e"------, -.....4...., • 7 - 4, 5 n --1 452 North Oakley Street •:-_-----(-1,--4:1-A1-''---- f- ...... 6-1,41_)-tyr; 6)---67•q-L-t-ki - 456 North Oakley Street fi \ i f ()Jilt./ iti..7.•(_ -1- V.../11,1//k ...T:.(,) E.. E,- /--- L; I --) C j --rD -- t i(q tiit-r-r)-11,1V_2 -.."-t%•)--dtk. -,-- Page #4 464 North Oakley Street sz...„' • , - - • - 6,, /2 466 North Oakley Street / —744 610111:11tig: 468 North Oakley Street . 4,/ /1" --C.. Ale(r r ( - -re- 480 North Oakley Street Page #5 500 North - i 1233 485 480 I 479 468 473 466 465 `•— 457 455 I.\' 464 453 451 L. 456 447 452 ‘` 441 444 435 436 427 430 421 420 415 410 409 406 403 400 North U p LEE KING �N °"C� TYr G RP OY I,ONI .�� Vests vaar®a►.�� DIRECTOR COMMUNITY and ECONOMIC DEVELOPMENT Capital Planning and Programming CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 a C T 1 2 a+'�199 TELEPHONE 535-7902 ae MAYOR OFFICE October 4 , 1990 TO: Alan G. Hardman, Chair Salt Lake City Council RE: RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY TO CONSTRUCT IMPROVEMENTS AT THE YWCA RECOMMENDATION: That the City Council execute the attached resolution authorizing the Mayor to enter into an Interlocal Cooperation Agreement between Salt Lake City and Salt Lake County to construct improvements at the YWCA of Salt Lake City. FUNDING: Salt Lake City will contribute $29 , 000 and Salt Lake County $21 , 000 from 16th Year CDBG funds . BACKGROUND AND DISCUSSION: The YWCA is an eighty year old building located at 322 East 300 South, Salt Lake City, Utah. The CDBG funds allocated to this project are for the purpose of renovating the heating, lighting and ventilation systems . Salt Lake City and Salt Lake County have agreed that the County will be lead agency for this project. The City will contribute its funding to the County and the County will disburse funds, audit and monitor the entire project. CONTACT PERSON: Bob Gore, 535-7122 . Sincerely, Lee Ki 2 Director 5' SALT LAKE COUNTY Contract Number: NV1613C INTERLOCAL COOPERATION AGREEMENT between SALT LAKE COUNTY AND SALT LAKE CITY for CONTRIBUTION TO A COMMUNITY DEVELOPMENT PROJECT - YWCA OF SALT LAKE CITY THIS AGREEMENT is entered into and shall be effective as of July 1, 1990, by and between SALT LAKE COUNTY, a body corporate and politic of the State of Utah (the County) , and SALT LAKE CITY, a municipal corporation of the State of Utah (the City) . RECITAL S: A. The Federal Housing and Community Development Act of 1974, as amended (the Act) , provides for the financial participation of the federal government in various state and local housing and community development activities and programs which are administered by the U.S. Department of Housing and Urban Development (HUD) . B. The Act specifies that its primary objectives include the improvement and development of local urban and metropolitan communities by providing financial assistance to them under a block grant program (CDBG) for the conduct and administration of housing and community development activities and projects as contemplated under the Act (the CDBG Program) : C. The City and the County (the Parties) are each qualified under the Act and under separate entitlements to receive and do receive CDBG funds from HUD by annual grant agreements to conduct various community development projects under the that Program; D. The Parties have mutual interests in assisting in the construction and other improvements of certain property and facilities in the City and known as the YWCA OF Salt Lake City (YWCA) and have determined that such construction and improvements is in the public interest and qualifies as a project under the HUD rules and regulations for which CDBG Program funds may be expended (the Project) ; E. The Parties in conjunction with the YWCA of Salt Lake City have decided that it is desirable to have the Project accomplished as a cooperative effort between them and that the County should be the lead agency and ultimately responsible for the construction and installation of the Project as provided in a subgrant agreement between the County and the YWCA but subject to the provisions of paragraph 1 and 5 of this agreement, and that the City should participate only to the extent of contributing to the costs thereof from its CDBG funds; and F. Under the various provisions of Utah law governing contracting by governmental entities and by virtue of the specific authority granted therefor by the Interlocal Cooperation Act, Utah Code Annotated, Sections 11-13-1, et seq. , 1953, as amended, any two or more political subdivisions of the state may enter into agreements with one another for joint or cooperative action and may 2 contract with each other to perform any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform; THEREFORE, in consideration of their mutual promises, representations and other provisions contained herein, the Parties agree as follows : 1 . Under a CDBG Project subgrant agreement between the County and the YWCA of Salt Lake City, the YWCA shall be responsible for the actual conduct of the Project to be performed at the YWCA facilities located at 322 East 300 South, Salt Lake City, Utah, 84111 . The improvements to be constructed have been designated as a County Project under its CDBG Program and is identified by the name of the property to be improved and the assignment of a County project number as follows: (a) YWCA of Salt Lake City - Project Number SG13CNTY16 . The Project is described with more particularity in the contract documents for the Project which are on file at the Salt Lake County Division of Job Training and Development office and which are incorporated herein by this reference thereto. 2 . It is estimated that the total cost of the Project to be contributed by the Parties and to be paid out of 16th year CDBG Program Year funds is $50,000 . Of that total the County will contribute $21, 000 and the City will contribute $29, 000 . As the lead agency, the County will bill the City not more often than one time per month for payment of the City's proportionate share of the 3 costs incurred on the Project during the previous month or since the last billing by the County for the Project. The cumulative total amount of all billings, however, shall not exceed the amount shown above as the City's share. The County shall specify in the bill the Project name, number, total costs incurred to date and the City's share of the Project costs . The City agrees to pay the billed amounts to the County in a timely manner, which amounts are hereby fixed for this Project for contribution by the City at a ceiling not-to-exceed $29, 000 unless changed by a written amendment of this agreement. It is understood that the County has or will enter into a separate agreement with the YWCA regarding the conduct of the Project and the County's obligation toward the financing of the Project. Under that agreement, the responsibilities of the YWCA of toward the financing and conduct of the Project will also be set forth and the City's participation will be limited as provided herein. In addition, the parties acknowledge that, by this agreement, the City incurs no responsibility or additional liability for the conduct of the Project or for the operation, maintenance, construction or repair of the Project or otherwise. 3 . The County represents that its ability to participate in and contribute financially to the Project is based upon the County' s general powers, as provided by law, to provide for or assist in the care, maintenance and relief of the indigent sick or dependent poor persons and may provide social services for County residents on a county-wide basis . 4 . The Project will be using CDBG Program funds, and 4 therefore, the Parties agree to comply, as appropriate, with the provisions of the Act and all applicable rules and regulations, circulars, guidelines, directives and other requirements of the departments and offices of the federal government that pertain to the conduct of Community Development projects and activities . 5 . In the conduct of the Project, the YWCA will provide for all necessary professional services, administration, contracting and supervision and will cause all contractors to provide the required payment and performance bonds and general liability insurance and to have the bonds and insurance structured and conditioned so that the Parties to this agreement as well as they YWCA are protected from any and all liability for liens, claims, or damages of any kind or nature arising out of the performance of the Project. 6 . This agreement shall not have a specific period of performance but shall terminate at any time upon the mutual written consent of the Parties or when the Project has been completed and all payments have been made as required by this Agreement, as it may be amended or supplemented. IN WITNESS WHEREOF, the Parties have caused this agreement to be duly executed by their authorized officers on the dates indicated as follows : Salt Lake City, , 1990 Salt Lake County, , 1990 5 SALT LAKE CITY CORPORATION BY PALMER A. DePAULIS, MAYOR ATTEST: City Recorder (Seal) SALT LAKE COUNTY BY D. MICHAEL STEWART, CHAIRMAN Board of County Commissioners ATTEST: H. DIXON HINDLEY Salt Lake County Clerk (Seal) APPROVED AS TO FORM: Salt Lake County Attorney's Office By Deputy County Attorney Date: 6 RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows : An agreement between Salt Lake City and Salt Lake County to construct improvements at the YWCA located at 322 East 300 South, Salt Lake City, Utah. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By ATTEST: CITY RECORDER P ) Salt AP LekeROVED Cty AS AttorneysFORM Offic• Date c0 1)C? LEROY W. HOOTON,JR. DIRECTOR WENDELL E. EENDENT , P.E. [[[����III1 �� T® SUPERINTENDENT �✓, S__+/�=�t'! � MiLo l WATER SUPPLY 8 WATERWORKS E.TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES WATER SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE 8 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER October 4, 1990 Palmer A. DePaulis Mayor of Salt Lake City 451 South State Street Salt Lake City, Utah 84111 Dear Mayor DePaulis: Attached for your approval and signature is an Interlocal Cooperation Agreement between Salt Lake City Corporation and Salt Lake County. The purpose of this Agreement is for the City to provide to the County Specialized Mobile Radio Service as authorized by the Federal Communications Commission at its SMR site on Farnsworth Peak in Salt Lake County. Sincerely, 111111114 LEROY HOOTON, Director LWH:CAH:lb Attachment LEROY W. HOOTON, JR. DIRECTOR pp WENDELL E. EVENSEN, P.E. \ i\_QS�r IME D jG !SUPERINTENDENT VV WATER SUPPLY 6 WATERWORKS E.TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT - Water Supply &.Waterworks WATER RECLAMATION 7 PALMER DEPAULIS Water Reclamation - MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE& 1530 SOUTH:.WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: Salt Lake City Council October 4, 1990 RE: INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SALT LAKE COUNTY Recommendation: That the Council approve the agreement and forward to the Mayor for execution in behalf of the City. Availability of Funds: No Funds Needed Discussion: The purpose of the Interlocal Cooperation Agreement is for the City to provide to the County Specialized Mobile Radio Service as authorized by the Federal Communications Commission at its SMR site on Farnsworth Peak in Salt Lake County. Please return document to this office for further processing. Submitted by: �.0 L • lAmw EROY W` HOOTON, Directo LWH:CAH:lb COUNTY CONTRACT NO. G c,O 0 ( 3 R C— RESOLUTION NO. OF 1990 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SALT LAKE COUNTY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purpose; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the form and substance of the attached agreement as follows : A specialized Interlocal Mobile Radio User Agreement for such services to be rendered to the user by the City' s Department of Public Utilities through its 800 megahurts trunking system. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah is hereby authorized to approve said agreement on behalf of Salt Lake City Corporation, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:ap 2�/ ° SPECIALIZED INTERLOCAL MOBILE RADIO USER AGREEMENT THIS SPECIALIZED INTERLOCAL MOBILE RADIO USER AGREEMENT is /61 made and entered into as of . . ;• , 1990, by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, Attention City Recorder, City & County Building, Room 415, 451 South State Street, Salt Lake City, Utah 84111, hereinafter "City" , and SALT LAKE COUNTY COMMUNICATIONS DIVISION, whose address is 2001 South State Street, Salt Lake City, Utah, hereinafter "User" , WITNESSET H: WHEREAS, City has the facilities for and is engaged in providing Specialized Mobile Radio (SMR) Service as authorized by the Federal Communications Commission (FCC) , as an owner/licensee at its SMR site on Farnsworth Peak in Salt Lake County, Utah, and is willing to enter into a contract to provide said service to other governmental entities; and WHEREAS, User has received or will receive an appropriate license from the FCC, and wishes to obtain the SMR service provided by City, and User acknowledges that City has no legal obligation to provide such service except as provided by this Agreement; and WHEREAS, User is authorized to use the system or systems; NOW, THEREFORE, City and User agree as follows: 1 . Acceptance. This document is an offer by User which will become a contract when accepted in writing by City, and any payment shall not constitute an acceptance hereof by City. It is agreed that sales are made only on the terms and conditions herein City shall not be bound by terms and conditions in User' s purchase order, if any, or otherwise unless expressly agreed to in writing. In the absence of written acceptance of these items, acceptance of service hereunder shall constitute an acceptance of these terms and conditions by User. 2 . Services . User agrees to pay for the services provided by City hereunder pursuant to Exhibit "A" , attached . Billing, pursuant to Exhibit "A" , will be rendered and continue on the first day of each calendar month after services begin. Air time charges will be billed at the end of each month or partial month, including for optional services included in Exhibit "B" . 3 . Interconnect. If User wishes to obtain interconnec- tion with the public Switched Telephone Network, it will be so indicated on Exhibit "A" . If so designated, User hereby authorizes City or an agent of City to arrange for such inter- connection in accordance with rules and regulations of the FCC and any local regulations . User may direct City in writing to provide information regarding User' s usage of such telephone lines . The City may assess a reasonable fee for such services . User agrees that it will not re-sell such telephone service. User acknowledges its responsibility for its individual telephone calls and payment of cost on a pro rata basis of telephone service, system maintenance and telephone line interconnect -2- charges . City reserves the right to regulate and manage the use of telephone interconnect service in order not to degrade dispatch service. The City shall have the right to impose upon User whatever operating restrictions are deemed necessary to insure that interconnect does not degrade dispatch service. 4 . Interconnect Charges . If User elects to have the telephone interconnect option, User will be responsible to City for all usage of this option as follows : Charges for inter- connect will be billed on either a flat fixed fee or on an air time billing cost basis or a combination of both according to the terms on Exhibit "A" hereof . Any access of the interconnect option will incur air time usage charges regardless of whether calls are completed. User will also be responsible for User' s equal portion of basic telephone company service, telephone line charges, any local calls and any toll calls that it incurs . As set forth in applicable FCC regulations, City will not profit from and will separately account for any telephone company charges incurred by User. 5 . Revision of Fees . After the end of the first one year period of service hereunder, City may at any time change the monthly service fees set forth on Exhibit "A" hereof by giving the User written notice thereof least sixty ( 60) days in advance of the date on which the increased fees are to become effective. Upon receipt of any such notice, User may terminate this Agreement upon written notice within the sixty ( 60 ) day period; otherwise, the new fees shall become effective on the date -3- specified in any such notice. In the event of termination as herein provided, all accrued and unpaid charges as of the date of termination of service shall be due and payable within thirty ( 30 ) days . 6 . Automatic Renewal-Termination. This Agreement will remain in full force and effect for a period of one ( 1 ) year from the date it is accepted by City and shall automatically extend for successive annual periods, provided that either City or User may terminate this Agreement upon thirty (30) days prior written notice to the other party, provided further, that this Agreement shall terminate instantly if the authorizations held by User or City are revoked by the FCC. 7 . Assignment; Subcontract. This Agreement is a privilege for the personal benefit of User and may not be assigned in whole or in part by User to any other person or entity. 8 . Additional Units. If User is not in default, then at any time during the term of this Agreement or any renewal period hereof, service will be provided for additional units ordered by User only by an amendment of this Agreement. The User service charges will increase accordingly. 9 . Covenants of User. User agrees to (a) observe and abide by all applicable statutes,laws, ordinances, rules and regulations, including but not limited to those of the FCC, and (b) operate the equipment so as not to cause undue interference with any other Users using the SMR system or systems identified on Exhibit "A" hereof. User recognizes that applicable FCC and -4- other statutes, laws, ordinances, rule and regulations may change from time to time and that, accordingly, City, in its sole discretion, has the right, without liability to modify this Agreement to comply with any such changes . 10 . Coverage. User acknowledges that one hundred percent ( 100%) coverage of any area at all times is improbable. Experience with actual field conditions and from tests made indicate adverse propagation conditions, such as short term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt service at times . Other causes beyond reasonable control of City are motor ignition, and other electrical noise that could be minimized by corrective devices at User' s expense. Satisfactory communication perform- ance is generally viewed as intelligible reception over rolling terrain approximately ninety percent (90%) of the time. Any surveys, if provided, are to indicate general parameters of expected coverage, subject to previously mentioned conditions, and are not binding as an exact representation of coverage. 11 . Default and Remedies . If User fails to make any payment of any sum due or fails to perform as required by an other provision hereunder, and continues in such failure for fifteen ( 15) days after written notice has been sent by City to User, the User shall be deemed in default under this Agreement. In the event of default, City has the right to immediately terminate this Agreement, retain all payments made hereunder, deny User any service provided by the SMR system or systems -5- identified on Exhibit "A" , and impose a separate charge for disconnect and a separate charge for re-connect expenses each in the same amount stated as the initial hookup charge on Exhibit "A" . If disconnect takes place, User may also be subjected to additional costs in connection therewith, including, but not limited to, City' s reprogramming of its equipment. Each and all of the rights and remedies of City hereunder are cumulative to and not in lieu of each and every other such right and remedy and every right and remedy afforded by law and equity. 12 . Warranty Limitations . EXCEPT AS SPECIFIED HEREIN, CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13 . Interruption of Service; Force Majeure. Except for its own negligent acts, City shall not be liable to User or any other person or entity for any loss or damage, regardless of cause. City does not assume and shall have no liability under this Agreement for failure to provide, or delay in providing, service due directly or indirectly to causes beyond the control of City, including but not restricted to, acts of God, other governmental entities or of the public enemy, strikes , or unusually severe weather conditions . In the event of any negligence or failure or delay attributable to the fault of City, User's sole remedy shall be limited to User' s charge hereunder for services for the time of such failure or delay. User agrees, however, that no allowance will be made if such single failure or delay does not exceed forty-eight (48) hours . -6- of the parties and shall supersede all prior offers , negotiations and agreements. If any provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. This Agreement shall be construed in accordance with and governed by the laws of the State of Utah. IN WITNESS WHEREOF, the parties hereto have signed this Agreement to be effective as of the day and year first above written. SALT LAKE CITY CORPORATION By MAYOR ATTEST: CITY RECORDER SALT LAKE COUNTY COMMUNICATIONS DIVISION By HAI COMMISSION ATTEST: e• L, -8- STATE OF UTAH . ss . County of Salt Lake ) On , personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires: STATE OF Utah ) . ss . County of Salt Lake ) On the / // c3 ' , 1990, personally appeared before mej BART BARKER, ACTING CHAIRMAN Deing by me duly sworn, did say that he;"'£hemsaid C-hatii�raii of the Board of Salt Lake Co� BART BARKER, ACTING_CHAIRMAN__ the within and foregoing instrument was signed in behalf of SALT LAKE COUNTY by authority of the Board of County Commissioners at a regular meeting held on the A6— day of jam, ,z► , 1990, and that the said l Bart .Barker, Acting Chairman. .knowledged that SALT LAKE COUNTY executed the same and that thg/seal affixed is the seal of said County. C0� pt/ • My �5` NOTARY PUBLIC, r siNOTARY PUBLIC, r sin .> mm,sg«� ,� Salt Lake County, h Fxpnes 8-20-92 My; taertiiSESOZRZURileS 4844 So 4520 W (P Kearns RLM:ap • -9- • EXHIBIT A INTERLOCAL MOBULE RADIO USER AGREEMENT FEES Changes, additions, modifications or delitions to the units listed in this exhibit shall carry a $5 service charge for each unit. Monthly service charges for SMR trunking shall be $5.00 for each unit, regardless of usage. Where SMR trunking and interconnect are provided,monthly service charges shall be$20.00 for each unit, regardless of usage plus a service charge of 20 cents per minute for actual interconnect usage. UNITS RECEIVING TRUNKING AND INTERCONNECT SERVICE Fleet Unit 204 013 204 014 204 017 204 018 5. - T' '\ t;�C T�Y�e,�I�' 0 e iI j LEE KING DIRECTOR COMMUNITY and ECONOMIC DEVELOPMENT - Capital Planning and Programming CITY AND COUNTY BUILDING I`' 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7902 October 4, 1990 TO: Alan G. Hardman, Chair Salt Lake City Council RE: RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY TO CONSTRUCT IMPROVEMENTS AT THE NEW HOPE MULTI- CULTURAL CENTER RECOMMENDATION: That the City Council execute the attached resolution authorizing the Mayor to enter into an Interlocal Cooperation Agreement between Salt Lake City and Salt Lake County to construct improvements at the New Hope Multi-Cultural Center. FUNDING: Salt Lake City will contribute $30, 000 and Salt Lake County $16, 000 from 16th Year CDBG funds . BACKGROUND AND DISCUSSION: The New Hope Multi-Cultural Center is located at 1102 West 400 North, Salt Lake City, Utah. The CDBG funds allocated to this project are for the purpose of renovating the building which was damaged by fire. Salt Lake City and Salt Lake County have agreed that the City will be lead agency for this project with responsibility to disburse funds, audit and monitor the entire project. CONTACT PERSON: Bob Gore, 535-7122 . Sincerely, ? (Y Lee Kin Director RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND SALT LAKE COUNTY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows: An agreement between Salt Lake City and Salt Lake County to construct improvements at the New Hope Multi-Cultural Center located at 1102 West 400 North, Salt Lake City, Utah. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By ATTEST: CITY RECORDER APPROVED AS TO FORM Se}} Lake City Atlorney's Office Date a SALT LAKE COUNTY Contract Number: NV1607C INTERLOCAL COOPERATION AGREEMENT between SALT LAKE COUNTY AND SALT LAKE CITY for CONTRIBUTION TO A COMMUNITY DEVELOPMENT PROJECT - NEW HOPE CENTER THIS AGREEMENT is entered into and shall be effective as of July 1, 1990, by' and between SALT LAKE COUNTY, a body corporate and politic of the State of Utah (the County) , and SALT LAKE CITY, a municipal corporation of the State of Utah (the City) . RECITAL S: A. The Federal Housing and Community Development Act of 1974, as amended (the Act) , provides for the financial participation of the federal government in various state and local housing and community development activities and programs which are administered by the U.S. Department of Housing and Urban Development (HUD) . B. The Act specifies that its primary objectives include the improvement and development of local urban and metropolitan communities by providing financial assistance to them under a'block grant program (CDBG) for the conduct and administration of housing and community development activities and projects as contemplated under the Act (the CDBG Program) : C. The City and the County (the Parties ) are each qualified under the Act and under separate entitlements to receive and do receive CDBG funds from HUD by annual grant agreements to conduct various community development projects under the that Program; D. The Parties have mutual interests in assisting in the construction and other improvements of certain property and facilities in the City and known as the New Hope Center and have determined that such construction and improvements is in the public interest and qualifies as a project under the HUD rules and regulations for which CDBG Program funds may be expended (the Project) ; E. The Parties in conjunction with the New Hope Center have decided that it is desirable to have the Project accomplished as a cooperative effort between them but that the City should be the lead agency and responsible for the actual construction and installation of the Project as may be provided in an agreement between the City and the New Hope Center and that the County should participate only to the extent of contributing to the costs thereof from its CDBG funds; and F. Under the various provisions of Utah law governing contracting by governmental entities and by virtue of the specific authority granted therefor by the Interlocal Cooperation Act, Utah Code Annotated, Sections 11-13-1, et seq. , 1953, as amended, any two or more political subdivisions of the state may enter into agreements with one another for joint or cooperative action and may contract with each other to perform any governmental service , 2 activity or undertaking which each political subdivision entering into the contract is authorized by law to perform; THEREFORE, in consideration of their mutual promises, representations and other provisions contained herein, the Parties agree as follows : 1 . Under a CDBG Project agreement between the City and the New Hope Center, the City shall be responsible for the actual conduct .of the Project to be performed at the New Hope Center which is located at 1102 West 400 North, Salt Lake City, Utah. The improvements to be constructed have been designated as a City Project under its CDBG Program and is identified by the name of the property to be improved and the assignment of a City project number. (a) New Hope Center - The Project is described with more particularity in the plans and specifications and other contract documents for the Project which are on file at the offices of the City Engineer's Division and which are incorporated herein by this reference thereto. 2 . It is estimated that the total cost of the Project to be contributed by the Parties and to be paid out of 16th year CDBG Program Year funds is $31,000 . Of that total the County will contribute $16 ,000 and the City will contribute 15,000 . As the lead agency, the City will bill the County not more often than one time per month for payment of the County;s proportionate share of the costs incurred on the Project duringthe 7 previous month or since the last billing by the City for the Project. The cumulative 3 total amount of all billings, however, shall not exceed the amount shown above as the County' s share. The City shall specify in the bill the Project name, number, total costs incurred to date and the County' s share of the Project costs . The County agrees to pay the billed amounts to the City in a timely manner, which amounts are hereby fixed for this Project for contribution by the County a t a ceiling not-to-exceed $16, 000 unless changed by a written amendment of this agreement. It is understood that the City has or will enter into a separate agreement with the New Hope Center regarding the conduct of the Project and the City's obligation toward the financing of the Project. Under that agreement, the responsibilities of the New Hope Center toward the financing and conduct of the Project will also be set forth and the County's participation will be limited as provided herein. In addition, the parties acknowledge that, by this agreement, the County incurs no responsibility or additional liability for the conduct of the Project or for the operation, maintenance, construction or repair of the Project or otherwise. 3 . The County represents that its ability to participate in and contribute financially to the Project is based upon the County's general powers, as provided by law, to provide for or assist in the care, maintenance and relief of the indigent sick or dependent poor persons and may provide social services for County residents on a county-wide basis . 4 . The Project will be using CDBG Program funds, and . therefore, the Parties agree to comply, as appropriate, with the 4 provisions of the Act and all applicable rules and regulations , circulars, guidelines, directives and other requirements of the departments and offices of the federal government that pertain to the conduct of Community Development projects and activities . 5 . In the conduct of the Project, the City will provide for all necessary professional services, administration, contracting and supervision and will cause all contractors to provide the required payment and performance bonds and general liability insurance and to have the bonds and insurance structured and conditioned so that the Parties are protected from any and all liability for liens, claims, or damages of any kind or nature arising out of the performance of the Project. 6 . This agreement shall not have a specific period of performance but shall terminate at any time upon the mutual written consent of the Parties or when the Project has been completed and all payments have been made as required by this Agreement, as it may be amended or supplemented. IN WITNESS WHEREOF, the Parties have caused this agreement to be duly executed by their authorized officers on the dates indicated as follows : Salt Lake City, , 1990 Salt Lake County, , 1990 5 SALT LAKE CITY CORPORATION BY PALMER A. DePAULIS, MAYOR ATTEST: City Recorder (Seal ) SALT LAKE COUNTY BY D. MICHAEL STEWART, CHAIRMAN Board of County Commissioners ATTEST: H. DIXON HINDLEY Salt Lake County Clerk (Seal) APPROVED AS TO FORM: Salt Lake County Attorney's Office By Deputy County Attorney Date: , 6 cI MIKE ZUHL SALT LAKES gaff( A1�I�yNj LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council October 25, 1990 Re: Proposed Beer and Liquor Consumption Fees Recommendation: That the City Council hold a public hearing on November 13, 1990 at 6:20 p.m. to discuss the proposed beer and liquor consumption fees. Availability of Funds: The proposed fee schedule will result in a $56,000 to $60,000 reduction in annual City revenue. The revenue projection has been estimated by the Permits and Licensing staff and has been coordinate with the Finance Department. Discussion and Background: The proposed fee changes will establish a fee schedule that includes the same basic fee structure for all businesses involved in on-premise food, beer, and/or liquor consumption and will establish a reasonable relationship between the regulatory fees and the cost of regulating these businesses. After analyzing the cost of regulating theses businesses, we are proposing reductions in some of the current fees. The most significant proposal is to reduce the $5.00 per occupant fee to a $2.00 per occupant fee for the first 500 occupants, and $1.00 for all occupants over 500, and to determine occupancy by fire code standards rather than by counting chairs. This proposal will assess all restaurants, taverns and private clubs the same per occupant fee. The proposal also includes assessing outdoor dining/drinking areas at $.50 per occupant, and banquet rooms at $.50 per occupant with a $100 maximum fee for each banquet room. Other changes include reducing the new Class "C" Beer base regulatory fcc from $1800 to $550, and to increase the seasonal fee from $60 to $100. I have attached a schedule comparing the proposed fees to the current fees for your information. The appropriate City Department have reviewed and approved the proposed new fee schedule. The new fee schedule has been reviewed with the Utah Restaurant Association, the Utah Hospitality Association (representing private clubs) , and the Utah Licensed Beverage Association (representing the taverns) . Permits and Licensing Staff have met with the private club owners and have received a letter from the association endorsement the new fee schedule. The Staff has also scheduled a mooting with the restaurant and tavern owners for November 1, 1990 to discuss the new foe schedule. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. ubmitted b ICHAEL B. Z Interim Director Community & Economic Development ON SIT BEER/LIQUOR CONSUMPTION CURRENT RDQJIATORY FEE SCHEDULE Class Of License/Regulatory Category Fees (Proposed Fees) Class "B" Beer Restaurant $ 240 New $ 240 New $ 240 Renew $ 150 Renew Class "C" Beer TaveLll $1800 New $ 550 New $ 360 Renew $ 400 Renew Class "B" Private Club* $ 300 New * $ 550 New $ 300 Renew $ 400 Renew Class "E" Beer - Public Facility $ 240 New $ 325 New $ 240 Renew $ 300 Renew Liquor Consumption $ 90 New $ 155 New $ 90 Renew $ 125 Renew Bcsr/Liquor Dispensing Points $ 10 "A" $ 10 "A" $ 90 "B" $ 50 "B" $ 90 "C" $ 50 "C" Seasonal Beer $ 60 New $ 100 New Wbro.esale Beer $ 240 New No Change $ 240 Renew Amusement Devices $ 50 each $ 35 each Billiards and Pool Tables $ 50 each $ 35 each Card Room Tables $ 120 each $ 35 each Dance - Public $ 120 each $ 35 each Live Musical Entertainment $ 75 each $ 35 each Musical Device $ 20 each $ 20 each Food Vending Machine $ 16 each $ 10 each Beverage Vending Machine $ 16 each $ 10 each Cigarette Vending Machine $ 2 each $ 10 each Chairs/ (per occupant)** $ 5 per chair $ 2 per occupant** * Private Clubs have previously paid this $300 fee only. ** One dollar for each occupant over 500. ** Outdoor seating occupancy fee is proposed at $.50 per occupant. • Banquet Room occupancy fee is proposed at $.50 per occupant with a maximum assessment of $100 per banquet room. (The $.50 per occupant fee applies only to banquet rooms that are not part of the daily business operation) . (P) On-Site B/L li BRENT B. WILDE SALT LAKE a CORPORATION ROBERT M. BRIDGE DIRECTOR BUSINESS LICENSE SUPERVISOR PERMITS AND LICENSING COMMUNITY AND ECONOMIC DEVELOPMENT SERVICES DIVISION PERMITS & LICENSING SERVICES DIVISION Business Licensing 451 SOUTH STATE STREET October 24, 1990 ROOM 215, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 Mr. Mike Zuhl TELEPHONE 535-7717 Interim Director Community & Economic Development Room 218 - City & County Building Salt Lake City, Utah 84111 Re: Transmittal of Revised Beer/Liquor Consumption Fees Dear Mike: Enclosed for submission to the City Council are copies of a staff report and proposed ordinance modifications pertaining to business licensing fees for businesses involved in on-premise beer/liquor consumption (existing and proposed occupancy fees apply to all restaurants whether or not they serve beer or liquor) . We believe that adoption of the proposed fee schedule will accomplish our objectives of establishing a fee schedule that includes the same basic fee structure for all businesses involved in on-premise food, beer, and/or liquor consumption, and will establish a reasonable relationship between the regulatory fees and the cost of regulating these businesses. The licensing staff has estimated that implementation of the proposed fee schedule will result in a $56,000 to $60,000 reduction in annual City revenue. The staff report and revenue projections have been coordinated with the Finance Department. The primary purpose for evaluating the applicable fee schedules was in response to a determination that private clubs should be paying regulatory fees similar to the regulatory fees being paid by restaurants and taverns. Private clubs have previously paid one annual $300 fee. The recommendations outlined in the staff report are the result of an extensive analysis of the cost of regulating these businesses. The Business Licensing staff has coordinated a review process that has involved the Police and Fire Departments, Building and Housing Services, the Finance Department, Informational Management, and the City Attorney's Office. After analyzing the cost of regulating these businesses, we are proposing reductions in some of the current fees. The most significant proposal is to reduce the $5.00 per occupant fee to a $2.00 per occupant fee for the first 500 occupants, and $1.00 for all occupants over 500, and to determine occupancy by fire code standards rather than by counting chairs. Previously, only restaurants and some taverns have paid the $5.00 per chair fee. In keeping with the definition of restaurant, the proposal is to assess all restaurants, taverns and private clubs the same per occupant fee. The proposal also includes assessing outdoor dining/drinking areas at $.50 per occupant, and banquet rooms at $.50 per occupant with a $100 maximum fee for each banquet room. Other significant proposals include reducing the new Class "C" Beer base regulatory fee from $1800 to $550, and to increase the seasonal beer fee from $60 to $100. With the adoption of this new fee schedule, private clubs will be subject to paying the applicable fees along with restaurants and taverns. We have coordinated the existing and proposed fee schedules with the Utah Restaurant Association, the Utah Hospitality Association (representing private clubs) , and the Utah Licensed Beverage Association (representing the taverns) . We have also met with the private club owners and received a letter from their association directors endorsing the proposed fee schedule subject to resolution of a few issues that we are currently pursuing. A copy of that letter is attached. We have also received verbal endorsements from the restaurant and licensed beverage associations and have scheduled meetings with restaurant and tavern owners for November 1. We are optimistic that all three associations and the majority of business owners will support the proposed fee modifications, and that most of their questions will be answered prior to the City Council hearing. Respectfully, • Brent B. Wilde, Director Permits & Licensing Division BBW:dg encl. ft:a illgieeyfurate0 _0 EXECUTIVE DIRECTOR 223 West 700 South,Salt Lake City,Utah 84101 Phone: (801)359-5005 Ells Cardwell DIRECTORS Bob Slingerland October 22, 1990 Clare Bowden Mark Stedman George Boutsis Al Santi Mr. Brent B. Wilde — Director Forresrest Collins Permits and Licensing Division Gary Evans Room 215 City & County Bldg. Glen Wells Salt Lake City, Utah 84111 Bill Carter Deanne Midgley Mike Whitley Dear Brent, John Oldroyd On behalf of the Utah Hospitality Association, we would like to thank you, Larry and Bob for your participation in our meeting last Monday. It is our opinion that all of the clubs present concur with the proposed regulatory fee schedule prepared by your office. However, it is also our opinion that the multi—purpose, banquet room and outdoor seating need to be defined and we will appreciate being informed as to your decision when you have determined your formula. Our main concern is that all of the areas in question be put on the same level field for private clubs, restaurants, beer taverns, hotels, and motels, and public facilities that have beer and/or liquor consumption licenses. In addition, the association is more in favor of the $2.00/chair rather than the square foot per occupant loan proposal. Thank you for the opportunity of being involved in these discussions and if we can be of further service please feel free to contact us. i 24 Ir44/"' Robert Slingierland President / eti- W. Cardwell Executive Director SALT LAKE CITY ORDINANCE No. of 1990 (Modifying regulatory fees pertaining to restaurants, beer licenses, and private clubs) AN ORDINANCE AMENDING SECTIONS 5. 12.050, 5.28.080, 5.34. 260, 5.50. 110, 5. 54.040, 5. 70.040, 5.70.270, 5. 80.040, 5. 80.050, 5.80.060, 6.08. 110, 6. 16.030, 9.04.030, 9 .04 . 170, SALT LAKE CITY CODE, RELATING TO REGULATORY FEES FOR RESTAURANTS, CLASS B, CLASS C, CLASS E AND SEASONAL BEER LICENSES, CLASS B AND CLASS C PRIVATE CLUBS, AND RELATED LICENSES. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 5. 12.050, Salt Lake City Code, relating to proprietor' s license fee for automatic amusement devices be, and the same hereby is, amended to read as follows: 5 . 12.050 Proprietor' s license fee. The license fee for each proprietor shall be thirty-five dollars for each automatic amusement device used or played or exhibited for use or play; provided, however, that no fee in excess of eighteen hundred dollars shall be charged for any one location. In the 'event any proprietor shall engage in business at more than one location, the maximum fee provided herein shall apply to each location. SECTION 2. That Section 5.28.080, Salt Lake City Code, relating to fees for live entertainment at restaurants, taverns and private clubs be, and the same hereby is, amended to read as follows : 5. 82 .080 Live entertainment at restaurants, taverns and private clubs--Fees. A. * * * B. The license fee for allowing of live musical entertainment on the premises of a restaurant, tavern or private club shall be thirty-five dollars per year, or any part thereof. SECTION 3 . That Section 5 .34 . 260, Salt Lake City Code, relating to license fees for soft drink sales be, and the same hereby is, amended to read as follows : 5.34.260 Soft drink sales--Fee for license. A. * * * 1 . * * * 2. For dispensing beverages in the original containers, from a vending machine, ten dollars per year, or any part thereof, for each machine located upon such premises; 3 . * * * B. * * * SECTION 4 . That Section 5 . 50. 110, Salt Lake City Code, relating to fees for Class B and Class C private club licenses be, and the same hereby is, amended to read as follows: 5. 50. 110 License--Fee schedule. Applications provided for in this chapter shall be accompanied by the fees hereinafter provided, which fees shall be deposited in the city treasury and returned to the applicant if the license is denied: -2- A. B. For initial application and issuance of a Class B license, five hundred fifty dollars for the first year of operation or any part thereof, plus any other city licenses required under this code; C. For renewal of a Class B license, four hundred dollars per year, or any part thereof, plus any other city licenses required under this code; D. For initial application and issuance of a Class C license, five hundred fifty dollars for the first year of operation or any part thereof, plus any other city licenses required under this code; E. For renewal of a Class C license, four hundred dollars per year, or any part thereof, plus any other city licenses required under this code. SECTION 5 . That Section 5 . 54 . 040, Salt Lake City Code, relating to restaurant license fees be, and the same hereby is, amended to read as follows: 5. 54.040 Restaurant license--Fee. The license fee required for a restaurant shall be at the rate of two dollars per person for the first five hundred persons and one dollar per person over five hundred persons per year for a maximum number of persons that can be accommodated in accordance with the life/fire safety code as set out in the Salt Lake City Code, provided that the minimum fee shall be fifty dollars . For out-of-doors restaurant facilities and for rooms used for occasional banquets but not used for continuous dining, -3- the fee shall be at the rate of fifty cents for each person per year for a maximum number of persons that can be accommodated in accordance with the life/fire safety code as set out in the Salt Lake City Code, provided that the maximum fee for a banquet room shall be one hundred dollars per year. SECTION 6. That Section 5.70.040, Salt Lake City Code, relating to billiards or pool tables be, and the same hereby is, amended to read as follows: 5.70.040 Billiards and poolhalls--License--Fees. The license fee for conducting billiards or pool tables for the playing of billiards or pool shall be thirty-five dollars per year, or any part thereof, in advance, for each table. SECTION 7. That Section 5.70.270, Salt Lake City Code, relating to license fees for card and game tables be, and the same hereby is, amended to read as follows: 5.70.270 Cards and games--License--Fee. The license fee for conducting cardrooms and game rooms or tables for the playing of cards and games shall be thirty-five dollars for each table per year, or any part thereof. SECTION 8. That Section 5. 80.040, Salt Lake City Code, relating to fees for vending machines be, and the same hereby is, amended to read as follows: 5.80.040 Fee for each machine. The license fees for vending machines shall be ten dollars per machine; except that the fee for machines dispensing unpackaged candy, nuts and gum shall be two dollars per machine; -4- and except that the fees for the dispensing of beverages shall be governed by Section 5.34.260 of this title, or its successor. SECTION 9. That Section 5. 80.050, Salt Lake City Code, relating to a list of numbers and locations of machines be, and the same hereby is, amended to read as follows: 5.80.050 Number and location of machines--List to license supervisor. Every operator before receiving a license as above provided shall furnish to the license supervisor a complete list and location of all vending machines then being operated by such operator. SECTION 10. That Section 5. 80.060, Salt Lake City Code, relating to placement of stickers on machines be, and the same hereby is, amended to read as follows: 5.80.060 Stickers to be place on machines. The city license supervisor shall furnish serially numbered stickers for each licensed machine, and these stickers must be placed on and maintained on the machines during the licensed year. SECTION 11. That Section 6.08. 110, Salt Lake City Code, relating to fees for Class B, Class C, Class E, and seasonal beer sales be, and the same hereby is, amended to read as follows: 6.08.110 Fees. A. * * * 1 . * * * 2. For 'initial application and issuance of a Class B retail license, the fee is two hundred forty dollars for the first year of operation or any part thereof; -5- 3. For renewal of a Class B retail license, the fee is one hundred fifty dollars per year or any part thereof; 4. For initial application and issuance of a Class C retail license, five hundred fifty dollars for the first year of operation or any part thereof; 5 . For renewal of a Class C retail license, four hundred dollars per year or any part thereof; 6 . For initial application and issuance of a Class E beer retail license, three hundred twenty-five dollars for the first year of operation or any part thereof; 7 . For renewal of a Class E beer retail license, three hundred dollars per year or any part thereof; 8 . For a seasonal license, one hundred dollars per month or any part thereof; 9 . For each additional dispensing point for beer at the same premises where an initial Class B or Class C retail license has been obtained, the fee shall be fifty dollars . SECTION 12 . That Section 6. 16 . 030, Salt Lake City Code, relating to license fees for liquor consumption be, and the same hereby is, amended to read as follows: 6 . 16.030 License--Fee. For initial application and issuance of a liquor consumption license the fee shall be one hundred fifty-five dollars for the first year of operation, or any part thereof. For renewal of a liquor consumption license, the fee shall be one hundred twenty- five dollars per year, or any part thereof. Said fees shall be -6- deposited in the city treasury if the license is granted and returned to the applicant if the license is denied. SECTION 13 . That Section 9 . 04. 030, Salt Lake City Code, relating to license fees for public dance be, and the same hereby is, amended to read as follows: 9 .04.030 License--Public dance--Fee. The license fee required for a public dance license shall be thirty-five dollars per year, or any part thereof . SECTION 14 . That Section 9 . 04 . 170, Salt Lake City Code, relating to dance license fees be, and the same hereby is, amended to read as follows : 9 .04. 170 Dance license fee. The license fee required for a restaurant, tavern or private club to enable dancing on such premises shall be thirty-five dollars per year, or any part thereof. SECTION 15 . EFFECTIVE DATE. This ordinance shall become effective upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST : CITY RECORDER -7- Transmitted to the Mayor on , Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. OF 1990 . Published: LVS:rc AFPRovEn A,. ':, FJRM %alt Lake .City •r,'r: ,ay_ Office bate lyi.e._ -8- October 24, 1990 BUSINESS LICENSING STAFF REPORT REGARDING THE RE.FVALUATION OF BUSINESS LICENSE FIES FOR BUSINESSES INVOLVED IN ON-PREMISE BEERILIQUOR CONSUMPTION INTMDUCTION: The purpose of this report is to analyze the present regulatory fee structure for businesses involved in on premise beer and liquor consumption, to assess the current costs associated with regulating these businesses, and to outline a series of options and reconuuendations regarding business licensing fees for this business category (existing and proposed occupancy fees apply to all restaurants whether or not they serve beer or liquor) . Class "A" licenses for retail beer sales for off premise consumption, (grocery stores and convenience stores) , have been analyzed, but are not being evaluated as part of this study. In May of 1990, an administrative decision was made to assess private clubs regulatory fees consistent with the fees paid by other businesses that are involved with on-premise beer/liquor consumption. This administrative decision was based upon a legal opinion from the City Attorney's Office regarding the new Utah State Liquor Control Act and a related opinion that all businesses involved with beer/liquor consumption should be paying similar regulatory fees for a similar type of business operation. The administrative decision was also based upon the finding that other municipalities in the state are assessing private clubs business license fees that are in excess of $300 and generally consistent with the fees being assessed to similar types of businesses such as restaurants and taverns. Since the 1960's, Salt Lake City has assessed private clubs a flat $300 regulatory license fee. Private clubs, as nonprofit organizations, have been exempt from the basic revenue license fee as well as fees for employees, number of chairs in the establishment, amusement devices, and other regulatory license fees. Private clubs have been limited to the $300 fee because of an old Utah State Supreme Court case from the 1960's and past interpretation of the Utah State liquor regulations which regulate private clubs. In May when the decision was made to assess private clubs on a basis similar to restaurants and taverns, a notice was sent to all private club owners requesting payment of regulatory fees based upon the same fee schedule as taverns and restaurants. These fees were to be paid by the first of June, which is the deadline for payment of all beer and liquor license fees that are assessed to the restaurants and taverns. Several private club owners responded to the proposed fee schedule they had received. They indicated that the assessment would raise their license costs substantially, and in some cases fees for the larger clubs would increase several hundred percent. ` Tavern owners responded by stating that they were not aware that private clubs had not been paying competitive fees, and several tavern owners indicated that they would refuse to pay the fees they had been assessed if the private clubs were not going to be placed on a "level playing field" by paying fees consistent with a Class "C" tavern operation. Therefore, we have held in abeyance the payment of the beer and liquor consumption fees in order to allow time for a thorough study of the entire business licensing fee structure affecting these businesses. This report will provide the information necessary for the City to adopt a fee structure that is Page 2 appropriate, fair, and equitable for all businesses involved in on-prer beer and liquor consumption. ANATYS'S: There has been considerable criticism over the long list of regulatory fees that apply to restaurants and taverns, and perceived inconsistencies associated with the current fee schedule. One of the perceived inconsistencies is that restaurants and taverns that serve food (also licensed as a restaurant) pay a $5.00 per chair fee. Taverns that don't serve food are not assessed a per chair fee, and as previously indicated, private clubs have traditionally been exempt from most regulatory fees. Salt Lake City Business Licensing Ordinance----, No.5.54.010, paragraph "C", defines a restaurant as " Any place mere food or drink is prepared, served, or offered for gale, or sold for human consumption on or off the premises". Ordinance No. 55.54.040, Restaurant License Fee, reads as follows: "The license fee required for a restaurant shall be at the �~ rate of $5.00 for eadz person per year for a maximum nunt er of persons that can be accommodated in accordance with the life safety fire code, as set out in the Salt Lake City C Ode, and/or the City-COunty Health Department, whichever is more restrictive, provided that the minimum fee should be $50." Past practice has deviated from the letter of these ordinances in at least three significant areas: (1) Rather than charging a $5.00 per occupant fee based upon fire safety codes, as indicated in the ordinance, the $5.00 assessment has been based upon the number of chairs or seats in the establishment; (2) Only restaurants and taverns that serve food have been assessed a $5.00 per chair fee. Taverns that do not serve food have not been assessed a $5.00 per chair fee; (3) Some taverns that serve a minimal amount of food such as cold sandwiches, etc. , have been licensed as a mini-restaurant which has been interpreted as consisting of only ten seats. This interpretation has allowed a tavern with many more than ten seats to serve food with a $50.00 fee for ten restaurant spats, when in reality, the tavern consists of many more seats and there has been no attempt to limit the number of seats that may receive food service. In response to the issues outlined above, the City Business Licensing staff has coordinated an analysis of the current fee schedule for restaurants, taverns, and private clubs, with other City departments involved in the regulatory process to determine the actual cost of regulating these businesses. Table I summarizes the actual direct costs and expenses associated with the licensing approval process. Table II, (consisting of two pages) , outlines the current business licensing fee structure for businesses involved in on-premise, beer, and liquor consumption, and a proposed fee structure that is based on the direct cost of regulating these businesses. Table II includes existing annual revenues for each license category and revenues that are projected from the proposed fee schedule. The proposed fee structure outlined in Table II has been derived from an assessment of regulatory costs as outlined in Table I. It should be noted that since many restaurants and taverns haven't paid the liquor fees that were held in abeyance in June of 1990, the 1990 license assessment Page 3 records are the source of information for determining current revenue as outlined in Table II. When all of the revenues are collected, the actual revenue total may vary slightly from the amounts that each business is being assessed due to change in number of employees, etc. since the last annual assessment. The present regulatory costs as outlined in Tables I and II, reflect the actual cost of salaries devoted to approving and regulating these businesses. The costs identified reflect the average amount of time devoted to the process of licensing an average business and the cost per hour of employees involved in the approval process which includes inspections, police background checks, investigations, and field activities. These fees also reflect the proportionate costs incurred by Business Licensing, the City Attorney's offices, and Information Management Services in receiving, reviewing, and processing business license applications. The fees outlined in the tables do not reflect the associated costs of materials, supplies, supervisory and secretarial support, enforcement of violations, automobiles and other administrative overhead. The regulatory cost assessment also does not reflect the cost of periodic follow-up inspections, special problem resolutions, prehea ring conferences, stipulated approvals, etc. The staff considered attempting to quantify these additional costs. It is difficult, however, to analyze all of the administrative and support functions and to determine the actual costs per business without making numerous difficult assumptions and creating a complicated fee schedule that may not be equitable to all affected businesses. Also, while there is an obvious relationship between the size of the business and the cost of regulation, it is difficult to establish a quantifiable cost of regulation per occupant. In 1988, the City Finance Department analyzed regulatory fees and recommended that the $5.00 per chair restaurant fee be reduced to $2.00 per chair. In analyzing the current fee structure and regulatory costs, the licensing staff has determined that a $2.00 per chair fee is more in keeping with the current actual cost of regulating restaurants and taverns than the current $5.00 per chair assessment, and that the $2.00 per chair fee, as recommended in the 1988 Finance Department report on regulatory fees, reflects a fair and reasonable cost per chair. The staff has also analyzed the relationship between the number of chairs in the establishment and maximum occupancy as determined by the fire safety codes. Approximately thirty restaurants, taverns and private clubs were selected at random to determine the relationship between the number of chairs in the establishment and maximum occupancy (See Appendix II) . This analysis concluded that on an average, maximum occupancy exceeded the number of chairs by 25%. Therefore, a $2.00 per chair assessment equates to approximately $1.50 per occupant. In keeping with the current ordinance, a per occupant fee should be based upon occupant load as determined by fire codes, rather than a chair count. An occupant based fee is also a more equitable approach for the class of businesses analyzed in this report. Some businesses substantially increase the number of chairs during the holiday season. A per chair fee either penalizes these businesses for an occasional use, or fails to assess the additional chairs entirely. Therefore, the occupant approach will be easier for the City to administer and should prove to be a more consistent, equitable solution for businesses. Page 4 In analyzing the business licensing trends, the licensing staff believes that if all regulatory costs mentioned above, but not included in Table I were thoroughly quantified, the regulatory costs would support at least a two dollar per occupant fee as determined by the life safety/fire code . Since the 1988 fee study was completed, general administrative activities have increased significantly in many areas. The following are examples of the increasing work load associated with business regulation. Percent of 1988 1989 1990 Increase cases cases cases Business License Code Enforcement 925 2,147 2,663 +232% (thru Aug. '90) Business License Applications Approved 1,031 1,633 +58% License Revocation Hearings 35 53 +51.4% License Denial (Pre-hcnring conference) -0- 35 New Business License Approvals by (Stipulated Agreement) -0- 46 New The significant increase in these activities, coupled with the lengthy list of less tangible costs outlined above, represent a substantial amount of regulatory activity that is not covered by the fee schedule in Table II. The proposed fee schedule also does not include provisions for inflation. Therefore, a $2.00 per occupant fee as determined by the life safety/fire code should be considered as being appropriate. RECOMMENEATION: The staff reconuuends that the City Council consider adopting the proposed fee schedule as outlined in Table III, that includes base fees for each type of establishment as determined by actual costs of inspections, processing applications, etc. , plus a $2.00 per occupant assessment that is intended to reflect a reasonable relationship to the other administrative costs as outlined above, as well as the relationship between the increasing size of the establishment and the increasing cost of regulation. The staff reconuuends, however, that the $2.00 per occupant fee be reduced to $1.00 for all occupants in excess of 500 occupants per establishment. This recommendation is based upon the fact that there are only a few establishments in Salt Lake that exceed 500 occupants, and the additional cost of regulating these larger establishments does not increase proportionately with the increasing number of occupants over 500. It is also recommended that seasonal outdoor dining/drinking areas be charged a reduced fee of $.50 per occupant and that banquet rooms that are not part of the daily dining/drinking operation be assessed $.50 per occupant with a maximum fee of $100 per banquet room. If adopted, the fee schedule, as recommended, should result in the following: (1) There will be a reasonable relationship between the proposed fee schedule and the cost of regulating these businesses; Page 5 (2) The proposed fee schedule includes the same basic fee structure for all businesses involved in on-premise food, beer and liquor consumption. This fee schedule will accomplish the objective of "leveling the playing field", so that all businesses conducting the same type and level of activity, will pay the same fees (similar use-similar fees) ; (3) The proposed fee schedule consolidates all of the fees for the various types of amusement devices and vending machines into one basic fee for each of these types of activities; (4) As indicated in Table II, Part "B" implementation of the proposed fee schedule with a $2.00 per occupant fee will result in a projected decrease in annual revenue of approximately $56,000 from last year's total revenue from these business categories. A $1.00 per occupant fee for occupants in excess of 500, may increase the deficit as much as an additional $4,000 to $5,000 dollars. The $56,000 to $60,000 reduction in annual revenue is based upon a total city-wide occupant projection of 75,000. Since total occupancy counts will not be known until the Fire Department completes the occupancy survey that is currently underway, and since private clubs have never paid regulatory fees before, the projected 75,000 city-wide occupancy total, and associated revenue projection, is an estimate based upon available information. * Since outdoor seating areas and banquet rooms at private clubs, some taverns, and possibly some restaurants, have not been assessed occupant fees in the past, it is difficult to determine the total new per occupant assessments for outdoor seating and banquet rooms and therefore, difficult to anticipate revenue implications of the proposed $.50 assessment for those areas. The increased number of areas being assessed should substantially offset the reduced per occupant fees but an accurate revenue projection is impossible. It should also be noted that any revenue deficit resulting from the proposed reduction in outdoor seating and banquet room occupant fees will likely be offset by the revenue that will be generated from fees for liquor consumption, dispensing points, and amusement devices in the private clubs that have not been assessed previously, and therefore, cannot be quantified at this time. Therefore, a $56,000 to $60,000 reduction in annual revenue should remain a reasonable projecLion. It should also be noted that the projected deficit is being offset by $124,000 additional Business License revenue that Business Licensing collected during the last fiscal year in comparison to revenues collected the year before. This increase is attributed to more efficient business licensing enforcement and program administration such as the collection of late penalty fees and assessments received from businesses operating without licenses. Also, the recently adopted increase in the basic business license revenue fee from $60.00 to $70.00 will increase annual revenues an additional $90,000 to $100,000. Therefore, even with a projected deficit of $56,000 to $60,000 that will result from adopting the proposed fee schedule, Business Licensing revenues should continue to increase over preceding years. It must be clarified, however, that the revenues outlined above have been incorporated into the City budget and cannot be used to directly offset the projected deficit. * NOTE: See the foot note at the bottom of Table II, Part "B" for an explanation of the 75,000 total city-wide occupancy estimate Page 6 SUMMARY The proposed fee schedule will result in a substantial reduction in fees for restaurants and taverns that have been licensed as restaurants and paying the $5.00 per chair fee. There will also be a substantial reduction in fees for new taverns. (The basic class of license fee will be reduced from $1800 to $550) . Taverns that have not been licensed as restaurants will be subject to the $2.00 per occupant fee. However, this will be partially offset by a reduction in fees for amusement devices, dispensing points, and etc. Private clubs will see the most substantial fee increases. Rather than paying the traditional $300 per year regulatory fee, private clubs will be assessed the same fees as taverns and restaurants. As indicated previously, the decision to impose the same fees on private clubs, reflect a legal opinion regarding the new Utah State Liquor Control Act, and the analysis of private club assessments imposed by other municipalities in Utah. These fees are fair and consistent and competitive with fees charged by other major cities. OPTIONS: The City might also consider the following options that are listed in order of overall preference: (A) Rather than reducing the occupant fee to $1.00 for all occupants over 500, assess a $2.00 per occupant fee for all occupants in the business categories under study, regardless of their size. This option would increase City revenues by approximately $4,000 to $5,000 over the recommended fee schedule. However, as previously indicated, the staff does not believe that the cost of regulating larger businesses is in direct proportion to the cost per occupant for businesses that have less than a 500 person occupant load. (B) Reduce the per occupant fee to $1.00 per occupant for all businesses. This option would reduce City revenues by approximately $75,000 from the recommended fee schedule. This would result in an overall revenue reduction of approximately $130,000 in comparison to last year. The staff believes that the actual cost of regulating these businesses is substantially more than $1.00 per occupant. (C) Eliminate the per occupant fee schedule entirely, and substantially increase the basic business licensing fees. The basic licensing fees could be increased to maintain proportionate revenue levels without charging a per occupant fee. However, this approach would not make a distinction between the basic licensing fee for the small 25 or 30 occupant restaurant and the 1,000 occupant facility. Therefore, this approach is not equitable for the smaller establishments, and does not reflect the proportional costs of regulating the larger establishments. (D) Retain the $5.00 per occupant fee. As previously indicated, the staff does not believe that the cost of regulation warrants the $5.00 per occupant fee. As a regulatory fee, there must be a reasonable relationship between the cost of regulation and the fees being assessed. However, the City Council could amend the ordinance to Page 7 assess the $5.00 per occupant fee as a revenue fee rather than a regulatory fee. Revenue fees do not have to be justified on the basis of reflecting costs of regulation. As a revenue fee, however, nonprofit private clubs would be exempt, and the objective of having all of these businesses subject to the same fee schedule would not be accomplished. Also, there would be a legal issue as to whether a different revenue fee for these classes of businesses could be justified. (E) Adopt a business licensing fee schedule that is based upon gross receipts. The gross receipts approach of assessing business licensing fees appears to be the trend of the future. Cities that have adopted the gross receipts approach to business licensing fees merely assess each business a small percentage of its gross revenues. Representatives from cities such as Ogden City report that this approach has been very successful because it is easy to administer and it is a very fair and equitable system for businesses. Implementation of a gross receipts fee system would require detailed analysis and study to assure that City revenues are maintained in the transition. It is also a system that should not be implemented for a small segment of the City's businesses. A gross receipts based fee schedule should be adopted on a city wide basis for all businesses. 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Lim G) ys N - '6 O)U > N1i In ° v o T >+ L ds � o L- 0 9 ro �, . a64_/„ • �� roNNsc � V 0 L -(M W N 49 T >� rM•'1Cr-I > G �J co o H V U CO m 0 c`• c(0 (0 cco • o yrn M � art i3 J V-I . 4NO1U V w•�` ro n o ` L M 5 � y o in o in co m in N CO H in en N a in cv cv a O. �8 �v >I> 0 ,.� > !- ro", n rt UN N a MINE 0 4 V VCL ▪ V N N L1 iL U N �q WO to in OOO NN \ O i �L Wy (0 V V O-00 w . >.v C < V r : co en N el H a, O O ' N en i0 MN. • • ' a t[1 0 ..:I. } « - ••-iO a ' N -I 3 Q 11 r ; l, L y -L- a) 0 � U0 I •9 a UwOU U• a.. ,C h w n wN O N LLL o > Pion r C) d > SUMMARY OF TABLE II, Parts "A" & "B" Changes in revenue per proposed fee recommendations for existing businesses Class of Beer/Liquor Consumption Licenses: Revenues Recommended Class of license Old Revenues New Revenues Change in Revenues (+ or -) Class 'B' Fir $ 33,840.00 $ 21,150.00 -$12,690.00 Class 'C' BePr $ 25,200.00 $ 28,000.00 +$ 2,800.00 Class 'E' Beer $ 1,920.00 $ 2,400.00 +$ 480.00 Class 'B' Private Club $ 17,100.00 $ 22,800.00 +$ 5,700.00 Liquor Consumption $ 16,650.00 $ 23,125.00 +$ 6,475.00 Seasonal Beer $ 600.00 $ 1,000.00 +$ 400.00 Wholesale BPPr $ 720.00 $ 720.00 No change Dispensing Points $ 6,770.00 $ 5,450.00 $- 1,320.00 SUMMARY $102,800.00 $104,645.00 $+ 1,845.00 Revenues Description of Regulatory Licenses: Amusement DevicP $ 26,500.00 $ 18,550.00 -$ 7,950.00 Billiards & Pool $ 7,150.00 $ 5,005.00 -$ 2,145.00 Card Room Tables $ 1,080.00 $ 315.00 -$ 765.00 Dance - Public $ 3,360.00 $ 980.00 -$ 2,380.00 Live Musical Entertainment $ 2,475.00 $ 1,155.00 -$ 1,320.00 Food Vending Machine $ 4,192.00 $ 2,620.00 -$ 1,572.00 Beverage Vending Mach. $ 35,200.00 $ 22,000.00 -$13,200.00 Cigarette Vending Machine $ 2,024.00 $ 10,120.00 +$ 8,096.00 Musical Device $ 2,180.00 $ 2,180.00 No change Chairs (occupant load capacity) $187,175.00 $150,000.00 -$37,175.00 Summary: $271,336.00 $212,925.00 -$58,411.00 COMBINED SUMMARY $374,136.00 $317,570.00 -$56,566.00* *Projected change in annual revenues resulting from proposed beer/liquor consumption and regulatory fees combined. (Net revenue implication.) *See page five of the staff reporh fcr additional information regarding revenue ON-SITE BEER/LIQUOR CONSUMPTION CURRENT REGULATORY .PEE SCHEDULE Class Of License/Regulatory Category Fees (Proposed Fees) Class "B" Rcyrr Restaurant $ 240 New $ 240 New $ 240 Renew $ 150 Renew Class "C" P r Tavern $1800 New $ 550 New $ 360 Renew $ 400 Renew Class "B" Private Club* $ 300 New * $ 550 New $ 300 Renew $ 400 Renew Class "E" Beer - Public Facility $ 240 New $ 325 New $ 240 Renew $ 300 Renew Liquor Consumption $ 90 New $ 155 New $ 90 Renew $ 125 Renew Beer/Liquor Dispensing Points $ 10 "A" $ 10 "A" $ 90 "B" $ 50 "B" $ 90 "C" $ 50 "C" Seasonal Beer $ 60 New $ 100 New Wholesale BraPar $ 240 New No Change $ 240 Renew Amusement Devices $ 50 each $ 35 each Billiards and Pool Tables $ 50 each $ 35 each Card Room Tables $ 120 each $ 35 each Dance - Public $ 120 each $ 35 each Live Musical Entertainment $ 75 each $ 35 each Musical Device $ 20 each $ 20 each Food Vending Machine $ 16 each $ 10 each Beverage Vending Machine $ 16 each $ 10 each Cigarette Vending Machine $ 2 each $ 10 each Chairs/ (per occupant)** $ 5 per chair $ 2 per occupant** * Private Clubs have previously paid this $300 fcc only. ** One dollar for each occupant over 500. ** Outdoor seating occupancy fee is proposed at $.50 per occupant. ** Banquet Room occupancy fee is proposed at $.50 per occupant with a maximum assessment of $100 per banquet room. (The $.50 per occupant fee applies only to banquet rooms that are not part of the daily business operation) . (P) On-Site B/L UTAH LICENSE BEVERAGE ASSOCIATION ULB November 2, 1990 Tavern Owner, After meetings with the ULBA representatives and the Salt Lake City Licensing Department, the city has reached an agreement on new licensing fees, which pertain to the taverns of S. L. C. (see attached list) . The Licensing Department has been cooperative with our association in determining these proposed fees. As you can see, the fees for tavern licensing are going to be reduced. After you have looked at the fee structure and if you find areas of concern., please contact myself (328-0406) or Tony Vina (364-6172) . Thank You, Harold Olsen President ULBA HO:tv encl. Thursday, November 8 at 4:00 p. m. in room 126 of the City and County Building, the city will answer any of your concerns regarding these fees. P.O. Box 148, Salt Lake City, Utah 84110-0148 Ul 0 b 4JN 3v] C1 O1 PSl 00 O N En N I o IA I En VNT I En U a1 o 0 0 0 O O I I OIon IIIOInIII 0 N N I I NN i I I I C 0 0 O 0 N I U 4) 1 0 0 0 O 14 O N O N 0 0 I O MD N I 0 0 f't N o t'1 Ul N N N N N N M 3 3 w pp 0p o o I. 3 •�( V 00 J-1 0 p. 0 O I 0 1-1 w0 u 0 4-) VI-I N 00 R w� 0o o o c,4 Oo 00 00 0� o f�+i0 N O .-1 t'1 Ill N O in N ri U1 N l00 NUN NN N UC. Ill(1). U! N N N V)N NN NN la VT N 4It1 C N 177 0 O wppJl 4iN 8 VW 0 N U II II I I I O U UN NII oW 13 = N I T N U N j s /(O i (G�H N C1 cMI 0 0 0 0 0 0 � +I I 0 0 i, 0 w • °ram +°� 0 0 0 0 0 0 0w ag 4-1 44 wag 0 !-+ Q' a o 0 O on el o 0 ii 0 0 0 0 0 on on N 00 4-{ cc E C. rn N r0 Jg N NJ� en. N NW N1H N? iN n. NN in N U LL D Ul r/l 3 i I3 _ 0 W 0 0 L 2 0 0 a� o� w0 0 .I X111 O O O O O U l t n 0 0 0 l O O O O O O 0 N NNNH N N N in N U)NH N U)N UUl ) 0 VT N10 0 H�/J o in in-in NN 0 N �pp� CJ z c.I C -I J ��Q C 0 Q W . O o 2 C ▪ 7- " U 8 o jj :7 0 o 0 > 1' a - o 8 8 ) 7\ 0 0 0 I0 I 2 e to in- in. I in I a VT tn. , 0 \ \] k I I I e a a a I 0> I , }} o P. _ o ® II , k§ \ \/ ) Ieq i I I\ \\ in. e in § &, a) I ° I I ' R 2 }) }) 1 1 }) I I I I La gi ) \. [ 0 e ) ) \ \ \ k)� 0 } I / ']2 ]k kw &] I ka &] §)] ;I a,)) iI [d &] I, I i ` {) {) I \j \ [/ I I 1 /k /2 &2 12 . I &2 }/}\ . , j) ) .8 e A ! \) g. ) \ ) In \ 73 § \a ƒ }\ }( ƒ\ \( _0 o ill �\\ C. }( \\ \\ 1 � ® ® 0 �! \] , I k) {> > ) I I ) 0 I I I.1 \ w a II I I e _ I §§% § ] ) ) ) \ — 0 i/8 § 0 0 s § § 0 g ]f \ I IU>_ eZ £ £ (I) §£ , _. /z s f §w / \ m a § & * ] ) /\\ \ / t) / \ \ CC / § \ ) \ ) $ R \ 2 Appendix II CHAIRS AS A PERCENT OF OCCUPANCY LOAD SURVEY CLASS OF BUSINESS CHAIRS OCCUPANCY CHAIRS AS A PERCENT OF OCCUPANCY Cafeterias & Restaurants 3261 4061 80% Cafeterias, Restaurants, Class "C" 3711 4670 79.5% Cafeterias Restaurants, Class "C: Private Clubs 4699 6423 73.2%(75% rounded) Notes to Survey: According to the survey conducted by Building & Housing Services of 26 randomly selected businesses measured for occupant load, it was determined that occupancy is 25% greater than the per chair count of the same surveyed businesses. Included in the survey were the following business category types: (1) Cafeterias (2) Class "B" Restaurants (3) Class "C" Taverns (4) Private Club establishments, who, heretofore, have not paid a fee for chairs or occupancy, as it was not required. Included in the survey are measurements, for inside, outside, restaurant and dance floor areas. The method for calculating occupancy was based upon the following formulas in determining public occupancy load. (A) Dance floor area determined by square footage divided by 7. (B) Drinking/dining area determined by square footage divided by 15. (C) Booth space is determined at 24" (lineal inches) = 1 person *(THE PUBLIC OCCUPANCY LOAD FACTOR AS DETERMINED IN ACCORDANCE WITH THE LIFE/FIRE SAFETY CODE AS SET' OUT IN THE SALT LAKE CITY CODE.) (P) Chairs/% RAT MIKE ZUHL SALTLAKE'G T. Y CORP �aO3 � LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 MEMORANDUM TO: Cindy Gust-Jenson City Council Director FROM: Lcc King 'AA-- Deputy Director RE: Ordinance vacating Jefferson Street DATE: October 30, 1990 Attached please find an ordinance closing Jefferson Street in the interior of the block between 700 and 800 South and West Temple and 200 West Street. A public hearing was held on August 14, 1990 closing the street and an ordinance was adopted by the City Council. During the title search of the street a discrepancy with the property description was discovered. The value of the property remains the same but a new ordinance with the correct property description needs to be formally adopted by the City Council. The ordinance will not be published until all the conditions have been met. Please call me if you need any additional information. SALT LAKE CITY ORDINANCE No . of 1990 (Closing Jefferson Street in the interior of the block between 700 and 800 South and West Temple and 200 West Pursuant to Petition No. 400-823-90 ) AN ORDINANCE CLOSING JEFFERSON STREET IN THE INTERIOR OF THE BLOCK BETWEEN 700 AND 800 SOUTH AND WEST TEMPLE AND 200 WEST IN SALT LAKE CITY, UTAH. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public street described below is not necessary for use by the public as a street and that closure of said street will not be adverse to the general public ' s interests nor will title to the closed street transfer without subsequent documentation. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the public street known as Jefferson Street which is more particularly described below, be, and the same hereby is , closed and declared no longer to be needed or available for use as a public right-of-way and the title thereto shall remain with the City until it is sold for fair market value which may be received by the City in the form of completed curb, gutter, sidewalk, landscaping or other public capital improvements to be installed on Blocks 14 and 15 as determined by the City Planning Director. JEFFERSON STREET Beginning at the Southeast corner of Lot 4 , Block 14 , Plat "A" , Salt Lake City Survey; thence East 82 . 5 feet more or less to the center of Jefferson Street, thence 6k North along the center of Jefferson Street 170 feet more or less to the point of beginning; thence North pk2 40 . 0 feet; thence West 10 . 0 feet; thence North 40 . 0 feet; thence East 10 . 0 feet; thence North 80 . 0 feet; thence East 10 . 0 feet; thence South 160 . 0 feet; thence West 10 . 0 feet to the point of beginning . SECTION 2 . RESERVATIONS AND DISCLAIMERS . The above closure is expressly made SUBJECT. TO all existing rights-of-way and easements of all public utilities of any kind and every description now located on and under or over the confines of the above-described property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities , including the City' s water and sewer facilities; and all of them. Said closure is SUBJECT TO any existing rights-of-way or easements of private third parties . SECTION 3 . EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. The City Recorder is instructed to not publish this ordinance until and unless the mayor shall certify that the Petitioner has provided appropriate guarantees for payment of the cost of Jefferson Street in a form acceptable to the City Attorney. Further, the Mayor must certify that petitioner has acquired all of the frontage to Jefferson Street which is being closed by this Ordinance. In the event the conditions are not met within a year this ordinance shall be void and of no effect and the City Recorder is instructed not to publish it. -2- Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on . Mayor' s Action: Approved . Vetoed . MAYOR ATTEST: CITY RECORDER BRB:ap 09/20/1990 10:35 FROM PARAMOUNT TITLE SLC, UT TO 5356190 P. 01/01 New ordinance legal consistent with deeds: Beginning at the Southeast corner of Lot 4, Block 14, Plat "A", Salt Lake City Survey; thence East 82.5 feet more or less to the center of Jefferson Street, thence North along the center of Jefferson Street 170 feet more or less to the point of beginning; thence North 40.0 feet; thence West 10.0 feet; thence North 40.0 feet; thence East 10.0 feet; thence North 80.0 feet; thence East 10.0 feet; thence South 160.0 feet; thence West 10.0 feet to the point of Beginning. �D I so ' 1 Q ota Gordov3 86 {0 40 ��. 4, �vo /a Apo la 0 9d T1,S oicG ry l QeSCr�pCr'o1 neeneeded car 611 Drc/i Nbbt p n N // Qr ma.nc �i Pa/Ve/11/177, 241 ( -tze ii/Lcz cze c .4 /ti / - ,(2frcei' `) L0{ II11VV//�� TOTAL P.01/01 SEP 20 ' 90 10 : 32 801 486 3842 PAGE . 001 LINDA HAMILTON : I �� TY,�Gtn L J1 N1 PALMER DEPAULIS DIRECTOR OF FINANCE MAYOR FINANCE DEPARTMENT Policy and Budget Division 451 SOUTH STATE STREET, ROOM 248 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-7810 October 26, 1990 TO: Salt Lake City Council RE: RATES AND CHARGES - ADVANCED LIFE SUPPORT FEE RECOMMENDATION: That at the next available City Council meeting the City Council adopt an ordinance amending section 5. 10. 305 Rates and Charges--Schedule, Salt Lake City Code; repealing sections 5. 10.310, 5. 10.315, 5. 10.320, 5 . 10.325, 5. 10.330, 5. 10.335, and 5. 10.340, Salt Lake City Code, all pertaining to rates and charges, and adding a new section 5 . 10.310 pertaining to Fire Department to keep record of runs. DISCUSSION AND BACKGROUND: The Fiscal Year 1990-91 budget in- cludes anticipated revenue for an advanced life support fee that would be charged in cases where a City paramedic accompanies a patient to the hospital while administering advanced life sup- port. This fee has received the requisite approvals from the appropriate State agencies and is now ready to be implemented . The budget anticipated that this fee would be implemented on October 1 so it is important that this ordinance be adopted as soon as possible. LEGISLATIVE ACTION: Included with this transmittal are copies of the amended ordinance which have been prepared by the City Attor- ney' s office. Salt Lake City Council October 26, 1990 Page 2 CONTACT PERSON: The Finance Department ' s representative on this issue is Scott Bond. Questions about legal aspects of this ordinance should be directed to Greg Hawkins in the City Attor- ney' s office and Frank Florence can answer any questions pertain- ing to the Fire Department ' s role. SUBMITTED BY: A74- Linda Hamilton Director of Finance LH/SB: lc cc: Scott Bond Frank Florence Greg Hawkins SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 5. 10.305 Rates and charges--Schedule and Repealing Sections 5. 10.310, 5. 10.315, 5. 10.320, 5. 10.325, 5. 10.330, 5. 10.335, 5. 10.340, all Pertaining to Rates and Charges, and Adding a new Section 5. 10.310 pertaining to Fire department to keep record of runs) AN ORDINANCE AMENDING SECTION 5. 10.305 RATES AND CHARGES-- SCHEDULE, SALT LAKE CITY CODE; REPEALING SECTIONS 5 . 10.310, 5. 10.315, 5. 10.320, 5. 10.325, 5. 10.330, 5. 10.335, AND 5. 10. 340, SALT LAKE CITY CODE, ALL PERTAINING TO RATES AND CHARGES, AND ADDING A NEW SECTION 5. 10. 310 PERTAINING TO FIRE DEPARTMENT TO KEEP RECORD OF RUNS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 5. 10.305, Salt Lake City Code, relating to Rates and charges--Schedule, be, and the same hereby is, AMENDED to read as follows: 5. 10.305 Rates and charges--Schedule. No owner or driver of an ambulance within the corporate limits of the city shall charge any sum for the use of any ambulance other than in accordance with the rate schedule adopted by the State Emergency Medical Services Committee in accordance with Section 26-8-14, Utah Code Annotated, or their successor sections. In addition, a charge shall be assessed for city paramedic services when provided by city paramedics . Said charge shall be assessed in accordance with the rate schedule for advanced life support systems adopted by the State Emergency Medical Services Committee. If the committee fails to adopt, or rescinds, or in any other manner fails to have a rate schedule for advanced life support services, the charge assessed shall be one hundred twenty dollars per call to be paid by the ambulance service to the city. Said charge may be passed on to the person receiving the service. SECTION 2. That Section 5.10.310, More than one patient in an ambulance, Salt Lake City Code, shall be, and hereby is, REPEALED. SECTION 3. That Section 5. 10.315, Assessorial service charges, Salt Lake City Code, shall be, and hereby is, REPEALED. SECTION 4. That Section 5. 10.320, Waiting time, Salt Lake City Code, shall be, and hereby is, REPEALED. SECTION 5. That Section 5. 10.325, Round trips, Salt Lake City Code, shall be, and hereby is, REPEALED. SECTION 6. That Section 5. 10.330, Cancelled trips, Salt Lake City Code, shall be, and hereby is, REPEALED. SECTION 7. That Section 5. 10.335, Increases or changes in rates, Salt Lake City Code, shall be, and hereby is, REPEALED. SECTION 9 . That a new Section 5. 10.310, Salt Lake City Code, relating Fire department rates and charges, shall be, and hereby is, ADDED to read as follows: 5. 10.310 Fire department to keep record of runs. The fire department shall keep a record of all runs in which advanced life support services are rendered, the name of the responding ambulance company and submit the list to the finance -2- department monthly. The finance department shall bill and collect the fees from the ambulance company. SECTION 10. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor' s Action: Approved. Vetoed. MAYOR ATTEST: APPROVED AS TO FORM Salt Lake City rency`s Cfl ice Date _"-�6` /y o CITY RECORDER 2 � (SEAL) Bill No. of 1990. Published: GRH: rc -3- DRAFT SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 5.10.305 Rates and charges--Schedule and Repealing Sections 5.10.310, 5.10.315, 5. 10.320, 5. 10.325, 5. 10.330, 5.10.335, 5. 10.340, all Pertaining to Rates and Charges, and Adding a new Section 5.10.310 pertaining to Fire department to keep record of runs) AN ORDINANCE AMENDING SECTION 5.10.305 RATES AND CHARGES-- SCHEDULE, SALT LAKE CITY CODE; REPEALING SECTIONS 5. 10.310, 5. 10.315, 5.10.320, 5.10.325, 5.10.330, 5.10.335, AND 5.10.340, SALT LAKE CITY CODE, ALL PERTAINING TO RATES AND CHARGES, AND ADDING A NEW SECTION 5. 10.310 PERTAINING TO FIRE DEPARTMENT TO KEEP RECORD OF RUNS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 5.10.305, Salt Lake City Code, relating to Rates and charges--Schedule, be, and the same hereby is, AMENDED to read as follows: 5.10.305 Rates and charges--Schedule. No owner or driver of an ambulance within the corporate limits of the city shall charge any sum for the use of any ambulance other than in accordance with the [following rates: ] rate schedule adopted by the State Emergency Medical Services Committee in accordance with Section 26-8-14, Utah Code Annotated, or their successor sections. In addition, a charge shall be assessed for city paramedic services when provided by city paramedics. Said charge shall be assessed in accordance with the rate schedule for advanced life support systems adopted by the State Emergency Medical Services Committee. If the committee fails to adopt, or rescinds, or in any other manner fails to have a rate schedule for advanced life support services, the charge assessed shall be one hundred twenty dollars per call to be paid by the ambulance service to the city. Said charge may be passed on to the person receiving the service. d twenty dollars per call; B. Mileage rate, five dollars and fifty cents per mile or company involved, in compliance with such regulations an may be established by the EmergencyediclSer ices-Commi-t-t-ee-e-f the pickup to the point of delivery; C. Emergency calls, eighteen dollars, in addition to the under Code 10 39, as instructs fire department medical advisor; D. Night ails, eighteen dollars, in addition to the above rates, for any call that i3 received by the ambulance company between the hours of eight p.m. and eight a.m. ; E. "Paramedic ambulance transfer" means movement of patients by ambulance, upon phye4-e-.ark request, between mcdi al or -2- nursing facilities. This service is not intended to be a first response service. The ambulance must be equipped with specialized paramedic equipment and staffed by highly trained, professional paramedics who have completed over one thousand hours of paramedic training and are certified paramedics in the state of Utah. The paramedic ambulance transfer rate is two hundred forty dollars per transfer. ] SECTION 2. That Section 5. 10.310, More than one patient in an ambulance, Salt Lake City Code, shall be, and hereby is, REPEALED. [5.10.310 More than one patient in an ambulance. If more than one patient is transported from the same point the charges to be assessed against each individual so transported will be computed as follows: A. Each patient shall be charged the basic rate (transpor- , or its successor-less a discount of twenty dollars per patient. B. If additional first aid or emergency services arc in his behalf in the amounts set forth in a resolution adopted by the City Council as provided in Section 5. 10.315, or its successor. SECTION 3. That Section 5. 10.315, Assessorial service charges, Salt Lake City Code, shall be, and hereby is, REPEALED. [5.10.315 Assessorial service charges. -3- A. Any assessorial services rendered to a patient, such as oxygen, resuscitation, use of the H. L.R. machine and first aid, c-upplicr3 of similar products or scrvicca in the Salt Lake city metropolitan area. B. The rate for such services shall be established by resolution of the city council. Such resolution shall be kept on any interested person. C. Any increase in assessorial acrvices must receive the approval of the city council by resolution, which resolution may be adopted without the necessity of a public hearing. D. When a request for increase in 33c33orial aervice charges is received, the city council may refer such request to the rate review board for a study and recommendation prior to making a decision. SECTION 4. That Section 5. 10.320, Waiting time, Salt Lake City Code, shall be, and hereby is, REPEALED. [5.10.320 Waiting time. An ambulance shall provide fifteen minutes ' free time at both point of pickup and point of delivery, and for any time after the expiration of this free time, a charge of ten dollar° . per quarter hour or fraction thereof shall be assessed. On round the ambulance reache3 the point of delivery until atarting the he thirty minutes ' free time, the charge will be as set forth above. -4- SECTION 5. That Section 5. 10.325, Round trips, Salt Lake City Code, shall be, and hereby is, REPEALED. [5.10.325 Round trips. con3dcred the same as two one way trips, and full charges will be assessed in bath directions based upon the rates and charges provided in this article. SECTION 6. That Section 5. 10.330, Cancelled trips, Salt Lake City Code, shall be, and hereby is, REPEALED. [5.10.330 Cancelled trips. If, after an ambulance has been dispatched and arrives at the point of pickup, the trip is cancelled, a flat rate of forty dollars shall be assessed. SECTION 7. That Section 5. 10.335, Increases or changes in rates, Salt Lake City Code, shall be, and hereby is, REPEALED. [ • s in rates-:- A. Notice of Increase. Ne increase in the-rates provided • • r, or its successor, may be made by any ambulance company unless such company shall give the mayor at least sixty days prior notice as to the proposed effective date---of increase. • • with subsection C of this section. The city recorder shall then set a date for a h aring on the proposed increase, which date date when the increase -5- publish a notice at least once, in a newspaper of general circulation, at least ten, but not more than twenty days prior to the date set for the hearing. C. Application. Application by or on behalf of any ambulance company or companies for increased rates, or fares des�ea--�e-p�T�e e���-owe general relief asked for; 2. A statement or reference showing in full the rates or fares, rulea or regulations which will be s-uperocdcd by the proposed rates; 3 A- complete-and-ac te-etatzeme t o-f-the • s and conditions rolled upon as justifi ation for the appli ation; 4. A reference record to prior action, if any, by- the city he existing and proposed rates; 5. A financial statement for full twelve month period, including a balance sheet and a profit and loss statement. D. Procedure. The application shall then be referred to a hearing examiner approved by the city council, who a-hall examine and necessity of a rate increase. The hearing examiner may also for his/her inspection. -6- E. Hearing. On the date set for the hearing, the city council shall hear the report of the hearing examiner as to his/her findings, and hear also those desiring to be heard sufficient showing has been made that such an increase is justified. It may further modify the proposed increase or deny the increase in its entirety. G. Other Rate Changes. Proposed changes in rates other council. Such proposed rate changes may be s mined in letter or memo form to the mayor and the mayor may, at his/her discretion, refer the appli ation to the hearing examiner for study and recommendation. The h oring examiner may require that the information specified in subsections C and D of this section be submitted for consideration by the company requesting the change. This chapter shall maintain, to the satisfaction of the city finance director, complete and accurate financial records according to generally accepted accounting practices and shall maintain said records in such a condition that when required by the hearing examiner, as provided in subsection D of Section 5. 10.335, or it successor, the city finance director may be enabled to conduct an audit which will be the equivalent of certified independent audit in completenes-s and accuracy. SECTION 9 . That a new Section 5. 10.310, Salt Lake City Code, relating Fire department rates and charges, shall be, and hereby is, ADDED to read as follows: -7- 5.10.310 Fire department to keep record of runs. The fire department shall keep a record of all runs in which advanced life support services are rendered, the name of the responding ambulance company and submit the list to the finance department monthly. The finance department shall bill and collect the fees from the ambulance company. SECTION 10. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER -8- (SEAL) Bill No. of 1990. Published: GRH:rc -9-