025 of 2021 - Central Business Improvement Area 2022DMWEST #12543447 v4 Designation Resolution
RESOLUTION NO. 25 of 2021
A Resolution of intention of the City Council of Salt Lake City, Utah (the
“City”), to designate an Assessment Area for the purpose of levying
assessments against properties within the Assessment Area to continue to
promote business activity and economic development in the central
business area of downtown Salt Lake City by assessing benefited properties
within the Assessment Area for the costs of such economic promotion
activities for a period of three years (the “Assessments”); and to fix a time
and place for protests against the Assessment Area and its assessments, and
related matters.
BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows:
Section 1. The City Council (the “Council”) of Salt Lake City, Utah (the
“City”), hereby determines that it will be in the best interest of the City to continue to
promote economic growth activities in the central business area of downtown Salt Lake
City. The proposed activities are more specifically described hereafter, but generally will
include, but will not be limited to, advertising, marketing, special events, festivals,
transportation, newsletters, publications, banners, Christmas lighting, homeless services,
security, special projects, housing, town meetings, government policy, cultural promotion,
reports, surveys and other promotional activities (the “Economic Promotion Activities”) in
the downtown area as described hereafter and more specifically identified on maps and
plans on file in the Office of the City Recorder of the City. In order to accomplish the
Economic Promotion Activities, the City proposes to designate the Salt Lake City, Utah
Central Business Improvement Assessment Area No. DA-CBIA-22 (the “Assessment
Area”) pursuant to Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the
“Act”), the area of which is more particularly described in the Notice of Intention to
Designate Assessment Area set out hereafter.
Section 2. A portion of the cost of the Economic Promotion Activities shall be
paid by a special assessment to be levied against business and commercial properties
situated within the Assessment Area that are specially benefited by the Economic
Promotion Activities. The assessment will have two components: (i) an assessment based
on the 2021 taxable property values (the “Base Assessment”), plus (ii) an assessment on
certain properties by linear feet for special holiday lights (the “Holiday Lighting
Assessment” and together with the Base Assessment, the “Assessment”). Attached hereto
as Exhibit A is a list of the properties within the Assessment Area and the proposed
Assessment related to each property. The Assessment may be paid when assessed or, at
the option of the property owner, in three (3) annual installments with interest on any
delinquent installment until paid.
Section 3. The Council shall hold a public hearing on September 7, 2021 at
7:00 p.m. via electronic means or, as determined by the City Council Chair, at the physical
location of the Council Chambers at 451 South State Street in Salt Lake City, Utah to hear
all objections related to the Assessment Area as set forth in the Act. Thereafter, written
protests from property owners against the proposed assessments may be filed in the Office
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4839-8274-5316, v. 4
of the City Recorder of the City, whose permanent address is 451 South State Street, Room
415; however, due to the emergency circumstances, is temporarily located at 349 South
200 East and by appointment only, for a period of 60 days after the date of the public
hearing. On Tuesday, November 16, 2021 (such date being within 15 days after the date
the protest period expires), at 7:00 p.m. via electronic means or, as determined by the City
Council Chair, at the physical location of the Council Chambers at 451 South State Street
in Salt Lake City, Utah, the Council shall count the written protests filed and calculate
whether adequate protests have been filed and hold a public meeting to announce the
protest tally and whether adequate protests have been filed. The Council may thereafter
adopt a resolution abandoning or creating the proposed Assessment Area depending on
whether adequate protests have been filed. The City Recorder is hereby directed to give
notice of intention to designate the Assessment Area (the “Notice of Intention”) to finance
and support the Economic Promotion Activities. The Notice of Intention shall specify the
date of the public hearing and the time within which protests against the proposed
assessments may be filed. The Notice of Intention shall be (a) posted in at least three public
places within the City’s boundaries at least 20 but not more than 35 days prior to the public
hearing date and (b) published on the Utah Public Notice Website described in Utah Code
section 63A-16-601 for four consecutive weeks before the deadline for filing protests. In
addition, the City Recorder shall mail a copy of the Notice of Intention by United States
Mail, postage prepaid, to each owner of property to be assessed within the Assessment
Area at the last known mailing address of such owner, using for such purpose the names
and addresses of said owners appearing on the last completed real property assessment rolls
of Salt Lake County, Utah, and, in addition, a copy of the Notice of Intention shall be
mailed, postage prepaid, addressed to “Owner” at the street number of each piece of
improved property to be affected by the assessment, said Notices to be so mailed not later
than ten (10) days after the first publication or posting of the Notice of Intention. If a street
number has not been so assigned, then the post office box, rural route number, or any other
mailing address of the improved property shall be used for the mailing of the Notice of
Intention. Said Notice of Intention shall be in substantially the following form:
A-1 Notice of Intent Resolution
4839-8274-5316, v. 4
NOTICE OF INTENTION TO DESIGNATE ASSESSMENT AREA
PUBLIC NOTICE IS HEREBY GIVEN that on July 20, 2021, the City Council of
Salt Lake City, Utah, adopted a resolution (the “Resolution”) declaring its intention to
designate the Salt Lake City, Utah Central Business Improvement Assessment Area No.
DA-CBIA-22 (the “Assessment Area”) to finance a portion of the cost of economic
promotion activities, which are more specifically described hereafter (the “Economic
Promotion Activities”) in the area of downtown Salt Lake City within the Assessment Area
and to levy a special assessment (the “Assessment” or “Assessments”) for a period of three
years as provided in Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the
“Act”), on real property situated within the Assessment Area for the benefit of which such
assessments are to be expended in the management and costs of the Economic Promotion
Activities.
DESCRIPTION OF ASSESSMENT AREA
The Assessment Area is described by reference to the following streets (the
“Reference Streets”):
A – North Temple from State Street to the East right-of-way line of I-15 (includes
parcels on both sides of the street)
B – East right-of-way line of I-15 from North Temple to 400 South
C – 400 South from the East right-of-way line of I-15 to 300 East
(includes parcels on both sides of the street)
D – 300 East from 400 South to South Temple (includes parcels on both
sides of the street)
E – South Temple from 300 East to State Street (includes parcels on both
sides of the street)
F – State Street from South Temple to North Temple (includes parcels on both
sides of the street)
The area of the Assessment Area shall include all property bounded by Reference
Streets A through F described above. In addition, it shall include parcels of property,
subject to the exceptions set out hereafter, which abut the Reference Streets plus all corner
parcels which have a corner touching any of the Reference Streets.
The Holiday Lighting Assessment (as described herein) shall apply to the following
streets (collectively, the “Holiday Lighting Streets”):
A – 200 South between 300 West and 400 West
B – 200 South between West Temple and 200 West (South side only)
C – Pierpont Street between West Temple and 200 West
D – West Temple between 400 South and 200 South
E – Main Street between 400 South and South Temple
F – Market Street between West Temple and Main Street (North side only)
G – State Street between 400 South and South Temple
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4839-8274-5316, v. 4
The Resolution, maps, and other information about the Assessment Area are
available for examination during business hours in the offices of the Salt Lake City
Recorder, whose permanent address is 451 South State Street, Room 415, Salt Lake City,
Utah or, if such offices are closed, the temporary location of 349 South 200 East, Salt Lake
City, Utah.
ACTIVITIES AND MANAGEMENT OF THE ASSESSMENT AREA
The Economic Promotion Activities shall include advertising, marketing, special
events, festivals, transportation, newsletters, publications, banners, Christmas lighting,
homeless services, security, special projects, housing, town meetings, government policy,
cultural promotion, reports, surveys and other promotional activities. The Economic
Promotion activities will take place within the boundaries of the Assessment Area for the
benefit of business and commercial property owners within the Assessment Area.
Since 1992, the Downtown Alliance has managed promotional activities for Central
Business Improvement Assessment Areas (or districts) Numbers DA-8690-A, DA-8690-
B, DA-8690-97, DA-CBID-00, DA-CBID-03, DA-CBID-06, DA-CBIA-10, DA-CBID-
13, DA-CBID-16 and DA-CBID-19. The City intends to solicit proposals for a
management contract to manage the Assessment Area through April 2025, subject to the
creation of the Assessment Area.
The Downtown Alliance has submitted a proposed budget estimating the costs (the
“Estimated Costs”) of Economic Promotion Activities within the Assessment Area.
Information from the proposed budget is included in the following section.
ASSESSMENT RATE, FINANCIAL PLAN AND
SOURCES AND USES OF FUNDS
Funding from Assessments provides only a portion of the total budget for the
Assessment Area’s programs and activities. The City anticipates that the manager of the
Assessment Area will secure non-assessment funds from other sources such as grants,
foundations, promotions, contributions, earned income, and sponsorships. In addition, the
City anticipates that sponsors and contributors will pay directly to third-party providers a
portion of the costs of some Economic Promotion Activities. These supplemental third-
party payments are not reflected in the projected budget of the Assessment Area. Most, if
not all, of these other sources of funds would not be available without the funding from the
Assessments or the Economic Promotion Activities of the Assessment Area. Funds
received from the Assessments and the estimated cost of the Economic Promotion
Activities, as determined by a project engineer, are as follows:
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4839-8274-5316, v. 4
Sources of Funds (for 3-year period)
Base Assessment Revenue $5,073,907
Holiday Lighting Assessment Revenue 177,378
Total
$5,251,285
Uses of Funds (annual basis)
Contractor:
Marketing and Events $776,000
Economic Development 1,293,000
Ambassador Program Homeless Services 1,512,000
General and Administrative 1,164,000
Contractor Total $4,745,000
Salt Lake City Administrative Costs and Reserve 354,039
Total $5,099,039
The Assessment is proposed to be levied on benefited property within the
Assessment Area to pay for a portion of the Economic Promotion Activities according to
the estimated benefits to the property from such activities. The Economic Promotion
Activities will not be financed with bonds.
PROPERTIES EXCLUDED FROM ASSESSMENT AREA ASSESSMENTS
Residential, ecclesiastical, and government-owned properties shall be excluded
from Assessments unless otherwise agreed to in writing by the City and the owners of such
properties. Subject to the foregoing sentence, only business and commercial properties
shall be assessed. In addition, any properties having a taxable value of less than $20,000
based upon the most recent real property assessment roll of Salt Lake County shall be
excluded from Assessments. The determination of qualification for exclusion for
ecclesiastical and government-owned property shall be based upon exemptions from ad
valorem real property taxes for properties used by churches for non-commercial purposes
and for properties owned and operated by governmental agencies. Inasmuch as the
Assessment is intended to fund economic promotion activities, the City does not find any
benefits for residential, ecclesiastical and/or governmental property excluded from the
Assessment.
BASIS FOR ASSESSMENT
It is proposed to levy a one-time Assessment for a three-year period on property in
the Assessment Area to pay all or a portion of the Estimated Costs of the Economic
Promotion Activities. The Assessment shall not exceed the benefits derived by the
properties within the Assessment Area. There shall be two assessment components: (i) an
assessment based on the 2021 taxable property values (the “Base Assessment”), plus (ii)
an assessment based on linear feet (except that corner lots will not be assessed for both
frontages as applicable, only one) on certain properties with frontage on the Holiday
Lighting Streets for special holiday lights (the “Holiday Lighting Assessment” and together
with the Base Assessment, the “Assessment”). The City anticipates that, in addition to
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4839-8274-5316, v. 4
revenues from the Assessment, the manager of the Assessment Area will utilize other
funding resources, including revenues from grants, promotions, contributions, foundations,
earned income, and sponsorships.
PAYMENT OF ASSESSMENTS
Assessments shall be payable in full or in three (3) annual installments (the
“Assessment Installment” or “Installments”). If payable in three (3) Installments, the first
Installment will fall due fifteen (15) days after the effective date of the ordinance levying
the Assessment (the “Assessment Ordinance”). The total Assessment for the benefited
property related to this notice is detailed in the cover letter accompanying this notice. The
first Installment is currently estimated to be due on approximately May 6, 2022. The
second and third Installments will fall due on the first and second anniversary dates of the
first Installment. If any Installment is not paid by the due date, the unpaid Installment(s)
will accumulate delinquent interest and/or charges in accordance with the Assessment
Ordinance and State law. The Assessments will be collected by directly billing property
owners. The City doesn’t currently expect any adjustments to the Assessments for changes
in costs associated with Economic Promotion Activities. The City will ensure that no
Assessments will be collected and used for purposes other than those described in this
Notice.
PUBLIC HEARING
The City Council shall hold a public hearing on September 7, 2021 at 7:00 p.m. via
electronic means or, as determined by the City Council Chair, at the physical location of
the Council Chambers at 451 South State Street in Salt Lake City, Utah to hear all
objections related to the Assessment Area and all persons desiring to be heard, as set forth
in the Act.
TIME FOR FILING PROTESTS
PROTESTS FROM PROPERTY OWNERS OBJECTING TO THE
ASSESSMENT AREA DESIGNATION OR OBJECTING TO BEING ASSESSED FOR
THE PROPOSED ECONOMIC PROMOTION ACTIVITIES MUST BE FILED IN
WRITING WITH THE CITY RECORDER OF SALT LAKE CITY EITHER IN PERSON
BY APPOINTMENT AT THE TEMPORARY OFFICE OF 349 SOUTH 200 EAST, OR
BY MAIL (PO BOX 145515) ON OR BEFORE 5:00 P.M. ON NOVEMBER 8, 2021.
To be counted against the creation of the Assessment Area, protests or objections
MUST BE IN WRITING, signed by the owners of the property proposed to be assessed.
The written protest must describe or otherwise identify said property. If the aggregate
taxable value of property that is the subject of timely filed written protests represents at
least 40% of the aggregate taxable value of all property within the Assessment Area, the
City Council will not impose the Base Assessment and if the linear feet frontage of the
Holiday Lighting Streets (except that corner lots will not apply for both frontages as
applicable, only one) that is the subject of timely filed written protests represents at least
40% of the aggregate linear feet frontage of Holiday Lighting Streets assessed within the
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4839-8274-5316, v. 4
Assessment Area, the City Council will not impose the Holiday Lighting Assessment.
Protests withdrawn prior to the expiration of the protest period and protests from areas
deleted from the Assessment Area will not be counted against the creation of the
Assessment Area.
On Tuesday, November 16, 2021 (such date being within 15 days after the date the
protest period expires), at 7:00 p.m. via electronic means or, as determined by the City
Council Chair, at the physical location of the Council Chambers at 451 South State Street
in Salt Lake City, Utah, the City Council shall count the written protests filed and calculate
whether adequate protests have been filed and hold a public meeting to announce the
protest tally and whether adequate protests have been filed. To stay informed on the
electronic means or physical location of the City Council’s hearings and meetings, please
visit www.slc.gov/council/agendas. The City shall post the total and percentage of the
written protests it has received on its website at least five days before such meeting.
/s/ Cindy Lou Trishman
City Recorder
BY RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
By:
Chair
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for her approval or disapproval on
____________.
MAYOR’S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved on this _____________.
By:
Mayor
Attest: _________________________
City Recorder
Amy Fowler (Aug 17, 2021 19:36 MDT)
Aug 17, 2021
Erin Mendenhall (Aug 17, 2021 20:08 MDT)
Aug 17, 2021
Cindy Trishman (Aug 17, 2021 20:23 MDT)
Notice of Intent Resolution
Salt Lake City, Utah
July 20, 2021
A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday,
July 20, 2021, at the hour of 7:00 p.m. via electronic means, at which meeting there were
present and answering to roll call the following members who constituted a quorum:
Amy Fowler Chair
James Rogers Vice-Chair
Dan Dugan Councilmember
Ana Valdemoros Councilmember
Dennis Faris Councilmember
Darin Mano Councilmember
Chris Wharton Councilmember
Also present:
Erin Mendenhall Mayor
Katherine Lewis City Attorney
Cindy Lou Trishman City Recorder
Absent:
Thereupon the following proceedings, among others, were duly had and taken:
Resolution 25 of 2021 was introduced in writing, was read by title, and
Councilmember ____________ moved its adoption:
Councilmember __________ seconded the motion to adopt the foregoing
resolution. The motion and resolution were unanimously adopted on the following
recorded vote:
AYE:
NAY:
2 Notice of Intent Resolution
After the conduct of other business not pertinent to the above, the meeting was, on
motion duly made and seconded, adjourned.
(SEAL)
By:_________________________________
Chair
ATTEST:
By:
City Recorder
3 Notice of Intent Resolution
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
I, Cindy Lou Trishman, the duly chosen, qualified, and acting City Recorder of Salt
Lake City, Utah, do hereby certify as follows:
(a) That the foregoing typewritten pages constitute a full, true, and
correct copy of the record of proceedings of the City Council at a regular meeting
thereof held in Salt Lake City on July 20, 2021, at 7:00 p.m., insofar as said
proceedings relate to the consideration and adoption of a resolution declaring the
intention of the City Council to designate the Salt Lake City, Utah Central Business
Improvement Assessment Area No. DA-CBIA-22 to provide economic promotion
activities therein described as the same appears of record in my office; that I
personally attended said meeting, and that the proceedings were in fact held as in
said minutes specified.
(b) That due, legal, and timely notice of said meeting was served upon
all members as required by law and the rules and ordinances of Salt Lake City.
(c) That the above resolution was provided to my office on July 20,
2021, has been recorded by me, and is a part of the permanent records of Salt Lake
City, Utah.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and
affixed the seal of Salt Lake City, Utah, this ___________, 2021.
(SEAL)
By:
City Recorder
4 Notice of Intent Resolution
STATE OF UTAH ) AFFIDAVIT OF MAILING
: ss. NOTICE OF INTENTION
COUNTY OF SALT LAKE )
I, Cindy Lou Trishman, the duly chosen, qualified, and acting City Recorder of Salt
Lake City, Utah (the “City”), do hereby certify that a Notice of Intention to Designate
Assessment Area (the “Notice of Intention”) was approved and adopted in the proceedings
of the City Council held on Tuesday, July 20, 2021.
I further certify that the Notice of Intention was posted in at least three public places
within the City’s boundaries at least 20 but not more than 35 days prior to the date of the
public hearing (September 7, 2021).
I further certify that the Notice of Intention was published on the Utah Public Notice
Website for four weeks before the deadline for filing protests (November 8, 2021).
I further certify that on August ___, 2021 (a date not later than ten (10) days after
the first publication or posting of the Notice of Intention), I mailed a true copy of the Notice
of Intention by United States Mail, postage prepaid to each owner of land to be assessed
within the proposed Assessment Area at the last known address of such owner, using for
such purpose the names and addresses appearing on the last completed real property
assessment rolls of Salt Lake County, and in addition I mailed on the same date a copy of
said Notice of Intention addressed to “Owner” addressed to the street number, post office
box, rural route number, or other mailing address of each piece of improved property to be
affected by the assessment.
I further certify that a certified copy of said Notice of Intention, together with
profiles of the improvements or economic promotion activities and a map of the proposed
Assessment Area, was on file in my office for inspection by any interested parties.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City, Utah, this ___________, 2021.
(SEAL)
By:
City Recorder
5 Notice of Intent Resolution
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Cindy Lou Trishman, the undersigned City Recorder of Salt Lake City, Utah, do
hereby certify, according to the records of the City Council of Salt Lake City, Utah (the
“City Council”) in my official possession, and upon my own knowledge and belief, that in
accordance with the requirements of Section 52-4-202, Utah Code Annotated 1953, as
amended, I gave not less than twenty-four (24) hours public notice of the agenda, date,
time, and place of the July 20, 2021, public meeting held by the City Council as follows:
(a) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be delivered to the Salt Lake Tribune on July ___, 2021, at least
twenty-four (24) hours prior to the convening of the meeting; and
(b) By causing a copy of such Notice to be posted on the Utah Public
Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the
convening of the meeting.
In addition, the Notice of 2021 Annual Meeting Schedule for the City Council
(attached hereto as Schedule 2) was given specifying the date, time, and place of the regular
meetings of the City Council to be held during the year, by causing said Notice to be (a)
provided to at least one newspaper of general circulation within Salt Lake City, Utah, on
___________, 2021, and (b) published on the Utah Public Notice Website
(http://pmn.utah.gov) during the current calendar year.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
July 20, 2021.
(SEAL)
By:
City Recorder
6 Notice of Intent Resolution
SCHEDULE 1
MEETING NOTICE
7 Notice of Intent Resolution
SCHEDULE 2
ANNUAL MEETING NOTICE
EXHIBIT A
Resolution 25 of 2021 Notice of Intention
Resolution CBIA 22
Final Audit Report 2021-08-18
Created:2021-08-17
By:Cindy Trishman (cindy.trishman@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAhrnfHD_WrXf8feka1Vay7zbfHgCMIVPD
"Resolution 25 of 2021 Notice of Intention Resolution CBIA 22"
History
Document created by Cindy Trishman (cindy.trishman@slcgov.com)
2021-08-17 - 10:40:52 PM GMT- IP address: 204.124.13.151
Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature
2021-08-18 - 0:42:44 AM GMT
Email viewed by Amy Fowler (amy.fowler@slcgov.com)
2021-08-18 - 1:36:25 AM GMT- IP address: 107.127.14.111
Document e-signed by Amy Fowler (amy.fowler@slcgov.com)
Signature Date: 2021-08-18 - 1:36:34 AM GMT - Time Source: server- IP address: 107.127.14.111
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
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Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
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Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2021-08-18 - 2:08:33 AM GMT - Time Source: server- IP address: 136.60.136.65
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
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Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2021-08-18 - 2:23:23 AM GMT - Time Source: server- IP address: 204.124.13.151
Agreement completed.
2021-08-18 - 2:23:23 AM GMT