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Updated Resolution - 6/28/2024 (2) Notice of Intent Resolution Salt Lake City, Utah July 9, 2024 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, July 9, 2024, at the hour of 7:00 p.m., at which meeting there were present and answering to roll call the following members who constituted a quorum: Victoria Petro Chair Chris Wharton Vice-Chair Alejandro Puy Councilmember Eva Lopez Chavez Councilmember Darin Mano Councilmember Dan Dugan Councilmember Sarah Young 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: The following resolution was introduced in writing, was read by title, and Councilmember ____________ moved its adoption: 2 Notice of Intent Resolution 4876-5491-9111, v. 4 RESOLUTION NO. ___ of 2024 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, holiday lighting, homeless services, security, special projects, housing, town meetings, government policy, cultural promotion, reports, limited trash pickup through the Ambassadors Program, 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-25 (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 2024 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 3, 2024, at 7:00 p.m. at 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 3 Notice of Intent Resolution 4876-5491-9111, v. 4 of the City Recorder of the City, whose address is 451 South State Street, Room 415, for a period of 60 days after the date of the public hearing. On Tuesday, November 12, 2024 (such date being within 15 days after the date the protest period expires), at 7:00 p.m. in 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 published as a Class B Notice under Section 63G-30-102, Utah Code Annotated 1953, as amended, for at least 20 days but not more than 35 days before the date of the public hearing. As a Class B Notice, 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. 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: 4 Notice of Intent Resolution 4876-5491-9111, v. 4 NOTICE OF INTENTION TO DESIGNATE ASSESSMENT AREA PUBLIC NOTICE IS HEREBY GIVEN that on July 9, 2024, 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-25 (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 350 South and South Temple 5 Notice of Intent Resolution 4876-5491-9111, 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, 451 South State Street, Room 415, 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, holiday lighting, homeless services, security, special projects, housing, town meetings, government policy, cultural promotion, reports, limited trash pickup through the Ambassadors Program, 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, DA-CBIA-19 and DA-CBIA-22. The City intends to extend the existing management contract with the Downtown Alliance to manage the Assessment Area through April 2028, subject to the creation of the Assessment Area. 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 are as follows: 6 Notice of Intent Resolution 4876-5491-9111, v. 4 Sources of Funds* Base Assessment Revenue $6,053,276 Holiday Lighting Assessment Revenue 134,385 Total $6,187,659 Uses of Funds Contractor: Marketing and Events $923,672 Economic Development Activities 1,558,696 Ambassador Program Unhoused Services 1,905,073 Administration 1,385,508 Contractor Total $5,772,949 Salt Lake City Administrative Costs and Reserve $414,710 Total $6,187,659 __________________ * Figures have been rounded, may not sum due to rounding. 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 within the Assessment Area. 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 2024 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 7 Notice of Intent Resolution 4876-5491-9111, v. 4 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 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, 2025. 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 3, 2024 at 7:00 p.m. at 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 DURING REGULAR BUSINESS HOURS MONDAY THROUGH FRIDAY OR BY MAIL (PO BOX 145515) ON OR BEFORE 5:00 P.M. ON NOVEMBER 4, 2024. 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 8 Notice of Intent Resolution 4876-5491-9111, v. 4 40% of the aggregate linear feet frontage of Holiday Lighting Streets assessed within the 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 12, 2024 (such date being within 15 days after the date the protest period expires), at 7:00 p.m. at 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. BY RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH /s/ Cindy Lou Trishman City Recorder 9 Notice of Intent Resolution 4876-5491-9111, v. 4 Councilmember __________ seconded the motion to adopt the foregoing resolution. The motion and resolution were unanimously adopted on the following recorded vote: AYE: NAY: 10 Notice of Intent Resolution 4876-5491-9111, v. 4 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 11 Notice of Intent Resolution 4876-5491-9111, v. 4 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for her approval or disapproval on July ___, 2024. By: Chair MAYOR’S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved on this July ___, 2024. By: Mayor 12 Notice of Intent Resolution 4876-5491-9111, v. 4 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 9, 2024, 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-25 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 9, 2024, 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 ___________, 2024. (SEAL) By: City Recorder 13 Notice of Intent Resolution 4876-5491-9111, v. 4 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 9, 2024. I further certify that the Notice of Intention was published as a Class B Notice under Section 63G-30-102, Utah Code Annotated 1953, as amended, for at least 20 days but not more than 35 days before the date of the public hearing (September 3, 2024). I further certify that on ___________, 2024, 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 ___________, 2024. (SEAL) By: City Recorder 14 Notice of Intent Resolution 4876-5491-9111, v. 4 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 9, 2024, 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 ___, 2024, 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 2024 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 ___________, 2024, 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 9, 2024. (SEAL) By: City Recorder 15 Notice of Intent Resolution 4876-5491-9111, v. 4 SCHEDULE 1 MEETING NOTICE 16 Notice of Intent Resolution 4876-5491-9111, v. 4 SCHEDULE 2 ANNUAL MEETING NOTICE A-1 Notice of Intent Resolution 4876-5491-9111, v. 4 EXHIBIT A