052 of 2013 - Amending Chapter 2.90 Open Space Lands Program relating to the removal of lands from the Open Space 0 13-1
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SALT LAKE CITY ORDINANCE
No. 52 of 2013
(Amending Open Space Lands Program)
An ordinance amending section 2.90.120 of the Salt Lake City Code, relating to the
removal of lands from the open space lands program.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 2.90.120 of the Salt Lake City Code, relating to the removal
of lands from the open space lands program be, and the same hereby is, amended as follows:
2.90.120: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS PROGRAM:
A. Lands, conservation easements or other interests in land placed in the open space lands
program shall remain in the program in perpetuity unless: 1) they are transferred to a
qualified public or nonprofit land conservation entity; or 2) a sale, conversion, exchange,
or other transfer of the land, conservation easement or other interest in land is approved
by the mayor, subsequent to the following mandatory procedures:
1. Any proposal to sell or transfer open space land must be in writing, signed by the
mayor, and must include a description of the land to be sold or transferred, the purpose of
the proposed sale or transfer, the proposed purchaser of the land, the amount of the
proposed purchase price, the anticipated future use of the land, any anticipated change in
zoning that would be required to implement that proposed future use, and a statement by
the mayor explaining why the proposed sale or transfer of the open space land is in the
best interest of the city.
2. Holding a public hearing before the mayor and the city council.
3. Providing notice of the proposed sale or transfer and the public hearing by:
a. Publication of a notice for two (2) successive weeks, beginning at least thirty(30)
days in advance of the hearing, in a newspaper of general circulation in the city,
no less than one-fourth (1/4) page in size, with type no smaller than eighteen (18)
point, surrounded by a one-fourth inch (1/4") border, in a portion of the
newspaper other than where the legal notices and classified advertisements
appear, containing the information set forth in the form below;
b. Posting two (2) signs measuring at least two feet by three feet (2' x 3') each, on
the land proposed for sale or transfer at least thirty (30) days in advance of the
hearing, containing the information set forth in the form below; and
c. Mailing notice, at least thirty (30) days in advance of the hearing, to all property
owners of record within one thousand feet (1,000') of the land proposed for sale
or transfer, containing the information set forth in the form below.
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d. Any notice published, posted or mailed pursuant to this section shall state
substantially as follows:
NOTICE OF PROPOSED SALE OR TRANSFER
OF PUBLICLY OWNED OPEN SPACE LAND
The Mayor of Salt Lake City is proposing to sell or transfer certain Open Space
Lands owned by Salt Lake City located at [street location] for $[proposed amount
of sale] to [proposed buyer] for future use as [proposed future use].
A public hearing on this proposal will be held before the Mayor and the City
Council on [date of hearing]at the Salt Lake City & County Building, 451 South
State Street, room 315, Salt Lake City, Utah, at [time of hearing] p.m.
Any individual wishing to address this proposal is invited to attend and to express
their views to the Mayor and the City Council at that hearing.
4. Following the public hearing, the city council may elect to conduct an advisory vote
as to the proposed sale or transfer of the open space land.
5. No sale or transfer of open space land may occur until at least six (6) months after the
conclusion of the public hearing in order to provide an opportunity to explore other
alternatives to the proposed sale or transfer of the open space lands.
B. Any lands, conservation easements or other interests in land: 1) acquired by the city in
partnership with other entities, units of government, or other parties; or 2) lands,
conservation easements or other interests in land received by donation, bequest, devise,
or dedication, may only be authorized for sale, conversion, exchange or other transfer if
such action is allowed for in the instrument under which the land, conservation easement
or other interest in land was conveyed to, or acquired by, the city. Funds derived from the
sale, disposition, exchange or removal of land from the open space lands program shall
be deposited into the fund for its intended purposes.
C. The following shall be exempt from the mandatory procedures of this section 2.90.120:
1. The leasing of existing buildings, infrastructure, or facilities;
2. Special events or free expression activities lasting less than 21 days; and
3. Recreation areas that are being leased in accordance with their intended use.
SECTION 2. That this ordinance shall take effect immediately upon the date of its first
publication.
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Passed by the City Council of Salt Lake City, Utah this day of August , 2013.
CHAI E
ATTEST:
CITY-RECORDER
Transmitted to Mayor on August 21, 2013 •
Mayor's Action: Approved. Vetoed.
AO-1-c
db/ MAYO
RECORDER
(SEAL) *? • =, *"
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\OR ATV,
Bill No. 52 of 2013.
Published: September 7, 2013. APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date 3 -2-7-(3
By
Public Services Department—03/26/l3 Isb
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