Proposed Ordinance - 8/25/20231
SALT LAKE CITY ORDINANCE
No. ______ of 2023
(Exception to mandatory process for sale of significant parcels of real property
and removal of lands from the open space lands inventory)
An ordinance amending Section 2.58.040 of the Salt Lake City Code, relating to the sale
of significant parcels of real property, and Section 2.90.070 of the Salt Lake City Code, relating
to the removal of lands from the open space lands inventory.
WHEREAS, the City desires to make certain changes relating to an exemption, for
certain easements to public utility providers, from the mandatory procedures of those sections;
and
WHEREAS, the City Council of Salt Lake City, Utah, desires to amend Section 2.58.040
and Section 2.90.070 of the Salt Lake City Code, relating to such changes.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
SECTION 1. Section 2.58.040 of the Salt Lake City Code, relating to the sale of
significant parcels of real property, is amended as follows:
2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY; NOTICE AND
HEARING:
A. A significant parcel of real property owned by the City or any significant legal interest
therein shall not be sold, traded, leased or otherwise conveyed or encumbered until the City has
provided reasonable notice to all interested parties and held at least one public hearing on the
proposed conveyance as set forth herein.
B. Reasonable notice of the proposed conveyance shall follow the process outlined in state
code for class A public notice.
C. No significant parcel of City owned real property identified in section 2.58.035, including
table 2.58.035C, of this chapter may be conveyed until after a public hearing has been held
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before one or more of the following as may be applicable: the City Council, the Planning
Commission, the Airport Board, the Public Utilities Advisory Committee, or the Parks, Natural
Lands, Trails, and Urban Forestry Advisory Board.
D. In addition to the public hearing required above, the City Council may also request a
second public hearing before the conveyance of the property. Any request for a hearing before
the City Council must be delivered to the Office of the Mayor no less than fifteen (15) days after
delivery of the notice to the Office of the City Council pursuant to subsection B2 of this section.
If no request for a hearing is made within that time period, the City Council shall be deemed to
have waived any right to request a hearing.
If a written call for hearing has been made by the City Council, the Mayor or his or her designee
shall attend the hearing to hear and consider comments upon proposals to convey the property
specified in the notice. The hearing shall take place during a regularly scheduled City Council
meeting.
E. Any notice of a proposed conveyance of a significant parcel of City owned real property
shall specify the following:
1. A description of the property to be conveyed or encumbered;
2. The nature of the proposed conveyance or encumbrance, whether the property is to be
sold, traded or encumbered, including the nature of the conveyance if the property is to be sold,
or if a trade or lease of property is contemplated, a brief summary of the proposed transaction;
3. Persons to whom interests are to be conveyed;
4. Any consideration tendered;
5. The name of the person, department or entity requesting such action;
6. The basis upon which the value of the interest has been determined by the City;
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7. The date, time and location of the public hearing to be held before the City Council, the
Planning Commission, Airport Board, Public Utilities Advisory Committee, Golf Enterprise
Fund Advisory Board, or Parks, Natural Lands, Trails, and Urban Forestry Advisory Board, as
applicable. The notice shall further state that interested persons may appear and comment upon
the proposal.
F. The conveyance or encumbrance of a significant parcel of real property of the City may be
finalized:
1. By the Mayor, at his/her discretion following notice and any public hearings required by
this section; or
2. By the Mayor, if the transfer is revocable and the Mayor has determined that an
unanticipated combination of facts and conditions of pressing necessity has emerged that
requires that action be taken before a City Council hearing. Such conditions shall not be deemed
to arise unless it appears that delay from the notice or a City Council hearing would produce:
a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with
negligible impact upon City interests;
b. Serious detriment to the social or economic interest of the community as whole; or
c. Substantial economic loss to the City.
G. Any decision by the Mayor to forego the City Council hearing provisions of this section
shall be made in writing to the City Council, stating the specific reasons upon which the decision
was based.
H. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities;
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
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Mayor for a reason identified by the Mayor in writing, more than twenty (20) days but less than
thirty-one (31) days;
3. The leasing of recreation areas in accordance with their intended use;
4. The selling of burial rights in the Salt Lake City Cemetery; and
5. The granting of easements or other rights that service the property, including grants in
connection with safety equipment such as traffic signal poles, which must be primarily for the
benefit of the City, and the granting of easements or other use rights to public utility providers
for public utility purposes. Any such easement or use right must not interfere with the intended
use or character of the property as determined by the City. With respect to open space land under
chapter 2.90 of this title, such easement or use right may be granted only with the approval of the
director of the City’s public lands department or their designee in their sole discretion.
6. A land exchange for a de minimis parcel of land owned by the City for another de
minimis parcel of land where the intended use or character of the parcels is substantially similar
to each other. For purposes of this section, a de minimis parcel is one consisting of not more than
¼ of an acre. With respect to open space land under chapter 2.90 of this title, such exchange
made be made only with the approval of the director of the City’s public lands department or
their designee in their sole discretion.
SECTION 2. Section 2.90.070 of the Salt Lake City Code, relating to the removal of
lands from the open space lands inventory, is amended as follows:
2.90.070: REMOVAL OF LANDS FROM THE OPEN SPACE LANDS INVENTORY:
A. Open space lands, conservation easements or other interests in open space land placed in the
open space lands inventory shall remain in the inventory in perpetuity unless: 1) they are
transferred to a qualified public or nonprofit land conservation entity; or 2) a sale, conversion
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from undeveloped open space land to developed open space land, 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 City Council.
3. Providing notice of the proposed sale or transfer and the public hearing through the
process outlined in state code for class A public notice.
a. 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 consideration] to
[proposed transferee] 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.
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Any individual wishing to address this proposal is invited to participate 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 land.
B. Any open space lands, conservation easements or other interests in open space land: 1)
acquired by the City in partnership with other entities, units of government, or other parties; or 2)
received by donation, bequest, devise, or dedication, may only be authorized for sale, conversion
from undeveloped open space land to developed open space land, exchange or other transfer if
such action is allowed for in the instrument under which the open space land, conservation
easement or other interest in open space land was conveyed to, or acquired by, the City.
C. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities.
2. Special events lasting (a) less than twenty-one (21) days or (b), with the approval of the
mayor for a reason identified by the mayor in writing, more than twenty (20) days but less than
thirty-one (31) days.
3. The leasing of recreation areas in accordance with their intended use.
4. The selling of burial rights in the Salt Lake City Cemetery.
5. The granting of easements or other rights that service the property, including grants in
connection with safety equipment such as traffic signal poles, which must be primarily for the
benefit of the City, and the granting of easements or other use rights to public utility providers
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for public utility purposes. Any such easement or use right must not interfere with the intended
use or character of the property as determined by the City. With respect to open space land under
this chapter, such easement or use right may be granted only with the approval of the director of
the City’s public lands department or their designee in their sole discretion.
6. A land exchange for a de minimis parcel of open space land owned by the City for
another de minimis parcel of open space land where the intended use or character of the parcels
is substantially similar to each other, provided that such exchange may be made only with the
approval of the director of the City’s public lands department or their designee in their sole
discretion. For purposes of this section, a de minimis parcel is one consisting of not more than ¼
of an acre.
SECTION 3. This ordinance shall take effect immediately after it has been published or
posted in accordance with Utah Code section 10-3-711 and recorded in accordance with Utah
Code section 10-3-713.
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Passed by the City Council of Salt Lake City, Utah, this ______ day of ____________,
2023.
____________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
___________________________
CITY RECORDER
Transmitted to Mayor on ______________________.
Mayor’s Action: __________ Approved. ___________ Vetoed.
____________________________
MAYOR
___________________________
CITY RECORDER
(SEAL)
Bill No. ______ of 2023.
Published: _____________________.
Salt Lake City Attorney’s Office
Approved As To Form
By: _______________________
Kimberly Chytraus
Date: __________________ June 23, 2023