HomeMy WebLinkAboutTransmittal - 9/25/2024SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Start Date:
09/23/2024
Date Sent to Council:
09/25/2024
From:
Employee Name:
Feldman, Andie
E-mail
andie.feldman@slc.gov
Department
Economic Development
Department Director Signature Chief Administrator Officer's Signature*
Director Signed Date
09/24/2024
Chief Administrator Officer's Signed Date
09/25/2024
Subject:
Resolution to Designate and Appoint a Board of Equalization and set Board of Equalization hearing dates
Additional Staff Contact:
Roberta Reichgelt, roberta.reichgelt@slc.govPeter Makowski, peter.makowski@slc.gov
Presenters/Staff Table
Andie Feldman, andie.feldman@slc.govRoberta Reichgelt, roberta.reichgelt@slc.gov
Document Type*
Resolution
Budget Impact*
Yes
No
Budget Impact:
Recommendation:*
Adopt the Resolution to Designate the Central Business Improvement Area 2025 (CBIA-25) and the Resolution to Appoint a Board of Equalization (BOE).
Background/Discussion (?)
Please see attached transmittal documents.
Will the City Council need to hold a public hearing for this item?*
Yes
No
Public Process
This process is in reference to UT Statute 11-42. Notices to property owners have been sent to inform them of the intention to designate the special assessment area so they may issue their protests of the assessment in general, or the individual assessments they will be levied. This hearing is necessary to tally any protests received and ensure they do not exceed the threshold to designate the special assessment area, and to appoint the Board of Equalization. Board hearings will be held in January, with the final designation of the assessment area to occur in March.
Chief Administrator Officer's Comments
DEPARTMENT of ECONOMIC DEVELOPMENT
ERIN MENDENHALL
MAYOR
LORENA RIFFO JENSON DIRECTOR
CITY COUNCIL TRANSMITTAL
Date Received:
Jill Love, Chief Administrative Officer Date sent to Council:
TO: Salt Lake City Council DATE: September 23, 2024
Victoria Petro, Chair
FROM: Lorena Riffo Jenson, Director - Department of Economic Development
SUBJECT: Resolution to Designate the Central Business Improvement Assessment Area and to
Appoint a Board of Equalization and set Board of Equalization hearing dates.
STAFF CONTACTS: Roberta Reichgelt, roberta.reichgelt@slc.gov, Department of Economic
Development; Peter Makowski, peter.makowski@slc.gov, Department of
Economic Development; Andie Feldman, andie.feldman@slc.gov, Department
of Economic Development
DOCUMENT TYPE: Resolution (two)
RECOMMENDATION: Adopt the Resolution to Designate the Central Business Improvement Area 2025
(CBIA-25) and the Resolution to Appoint a Board of Equalization (BOE).
BUDGET IMPACT: The CBIA-25 would receive funding through a Special Assessment.
COORDINATION: Department of Economic Development, Treasurer’s Office, Engineering,
Information Management Services (IMS), Recorders Office, City Council, Mayor’s Office, Attorney’s
Office, Central Business District Property Owners, and Zions Public Finance, Inc.
BACKGROUND/DISCUSSION: The Central Business Improvement Area (CBIA) serves as an essential Improvement District in Downtown Salt Lake City, aimed at enhancing vibrancy and activity within the City’s Central Business District. It operates through a special assessment on commercial properties within the designated area, funding various initiatives such as marketing, promotion, advocacy, and more. The
creation of the CBIA is a lengthy and complex process that is governed by State law, has numerous noticing provisions, public hearings, and other requirements that involve a variety of City Council actions, in order to meet the deadline for continuous funding from the Area.
The inception of the Central Business Improvement Area dates back to 1991, with assessment periods spanning three years and management contracts awarded through Request for Proposals (RFPs). The current
contract, awarded to the Downtown Alliance in 2022, will expire in April 2025 coinciding with the conclusion of the current assessment area, CBIA-22. To ensure uninterrupted funding, the Administration
proposes the initiation of a new assessment area, CBIA-25, continuing within the established downtown boundary. CBIA-25 aims to sustain vital services such as marketing, promotion, advocacy, and The Farmers Market, among other programs supported by the Downtown Alliance. Establishing a CBIA involves a meticulous process governed by Utah State law, requiring various City Council actions, including noticing provisions, public hearings, and other regulatory requirements over approximately fourteen months. This timeline aligns with the expiration of the current contract to ensure seamless transition and uninterrupted service provision within the CBIA. Close collaboration between DED and Council staff will facilitate effective communication and compliance with the outlined timeline.
Additionally, a secondary assessment provides Specialty Lighting for a subsection of the CBIA. Recent findings have revealed that the some of the existing lighting infrastructure in the CBIA is outdated and insufficient, particularly impacting properties along 362-375 South State Street, as well as parcel 7 on 400 South. The lighting assessment map is included below. In response, properties not receiving adequate lighting service have been excluded from the lighting assessment map to prevent unjust charges in the
upcoming Special Assessment Area (SAA) renewal.
Board of Equalization: As required by Utah law, a Board of Equalization for the Assessment Area is
appointed by the City Council. The Board will consist of representatives from the City Council Office, City
Treasurer’s Office, and City Engineer’s Office.
The Board of Equalization will meet to hear and consider any arguments from persons or property owners
who claim to be aggrieved. They will consider all facts and arguments presented at the hearings and make
corrections to the proposed assessments when necessary. The Board may elect to hold the meetings in-
person at the City & County Building in room 326 or electronically.
Property owners who desire to protest the assessment area have to provide a written protest to the City by
November 3, 2024, during the 60-day protest period.
The Board of Equalization Hearings Schedule:
January 7, 2025 - between 9:00 a.m. and 10:00 a.m.
January 8, 2025 - between 10:00 a.m. and 11:00 a.m.
January 9, 2025 - between 1:00 p.m. and 2:00 p.m.
Previous Action/discussion by the Council concerning the CBIA-25:
● April 23, 2024 – Informational: Central Business Improvement Area 2025 ● July 2, 2024 – Briefing on proposed Resolution: Intention to Designate Central Business Improvement Area 2025 ● July 9, 2024 – Adoption of Resolution No. 21 of 2024: Intention to Designate Central Business Improvement Area 2025
Remaining Proposed Council Actions:
●November 12, 2024 - City Council announces the protest tally and if it exceeds the
threshold; City Council considers adoption of the Resolution to Designate the AssessmentArea and the Resolution to Appoint the Board of Equalization●March 4, 2025 - City Council accepts or modifies the BOE recommendations and adopts or rejectsthe Assessment Ordinance
Attachments:
●Draft Resolution to Designate CBIA-25
●Draft Resolution to Appoint Board of Equalization
●Boundary Map
●Holiday Lighting Parcel Map
●CBIA-25 Timeline
Designation Resolution
Salt Lake City, Utah
November 12, 2024
A regular meeting of the City Council of Salt Lake City, Utah (the “City”), was held on Tuesday, November 12, 2024, at 7:00 p.m., at which meeting there were present
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:
Pursuant to published and posted notice concerning the intent of the City to designate the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25 (the “Assessment Area”), a public hearing was held on September 3, 2024, at which interested persons were heard concerning comments or objections relating to the
Assessment Area.
On the date hereof, the City Council has counted the written protests and calculated whether adequate protests have been filed. The City Council then announced the protest tally and determined that adequate protests were not filed with respect to the Base Assessment or the Holiday Lighting Assessment (as such terms are used in Resolution 21
of 2024 adopted by the City Council on July 9, 2024 (the “Intent Resolution”)) and
therefore the City Council may designate the Assessment Area as described in the Intent Resolution. The City Council then concluded that the public interest will best be served by designating the Assessment Area.
4885-0567-8050, v. 4 2 Designation Resolution
Councilmember __________ then moved and Councilmember ___________ seconded the adoption of the following resolution. The resolution was adopted by the
following vote:
AYE: NAY:
4885-0567-8050, v. 4 3 Designation Resolution
RESOLUTION NO. ____ OF 2024
A Resolution designating an assessment area to be known as the Salt Lake
City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25, as described in the Notice of Intention to Designate Assessment Area (the “Notice of Intention”); Authorizing the City officials to proceed with the implementation of the economic promotion activities as described in the
Notice of Intention; and Related Matters.
BE IT RESOLVED BY THE City Council (the “Council”) of Salt Lake City, Utah (the “City”), as follows:
WHEREAS, pursuant to the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the “Act”), on July 9, 2024, the Council adopted a resolution
of intention to designate an assessment area to be known as the “Salt Lake City, Utah
Central Business Improvement Assessment Area No. DA-CBIA-25” (the “Assessment Area”), and after giving notice as required by the Act, held a public hearing on September 3, 2024 (the “Public Hearing”), at which interested persons were given an opportunity to provide objections relating to said Assessment Area; and
WHEREAS, pursuant to the Act, the City posted the total and percentage of the
written protests it had received on its website at least five days before the date of this meeting; and
WHEREAS, pursuant to Section 11-42-206 of the Act, and consistent with the Notice of Intention, the Council now desires to designate the Assessment Area.
BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows:
Section 1. The Council has determined that it will be in the best interest of the City to finance the proposed activities, which include, but are not 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 for the benefit of the properties within the Assessment Area. The Council has also determined that the Economic Promotion Activities will benefit all properties within the Assessment Area to the extent of their
proposed assessment.
Section 2. The City hereby designates the Assessment Area to levy assessments to finance the costs of the Economic Promotion Activities.
Section 3. The tax identification numbers and additional information of the properties to be assessed within the Assessment Area are more fully set forth in Exhibit B
attached hereto. The Assessments to finance the cost of the Economic Promotion Activities
will be levied based upon (i) 2024 taxable property values of the properties to be assessed in the Assessment Area (the “Base Assessment”), plus (ii) linear feet (except that corner
4885-0567-8050, v. 4 4 Designation Resolution
lots will not be assessed for both frontages as applicable, only one) on certain properties with frontage on the Holiday Lighting Streets (as defined in the Notice of Intention) for
special holiday lights (the “Holiday Lighting Assessment”).
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 in the Notice of Intention, which abut the Reference Streets plus all corner parcels which have a corner touching any of the Reference Streets.
The Holiday Lighting Assessment 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 Section 4. As required by law, within fifteen (15) days from the date hereof,
the City Recorder is hereby authorized and directed to (a) record in the Salt Lake County
Recorder’s office an original or certified copy of this Resolution designating the Assessment Area, and (b) file in the Salt Lake County Recorder’s office a Notice of Proposed Assessment, in substantially the form of Exhibit C hereof, which states that the Council has designated the Assessment Area and which lists the properties proposed to be
assessed, described by legal description and tax identification number.
4885-0567-8050, v. 4 5 Designation 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
APPROVED AS TO FORM:
____________________________________ Sara Montoya
Senior City Attorney
4885-0567-8050, v. 4 6 Designation Resolution
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for her approval or
disapproval on ____________, 2024.
By:
Chair
MAYOR’S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved on this _____________, 2024.
By: Mayor
4885-0567-8050, v. 4 7 Designation Resolution
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE ) I, Cindy Lou Trishman, the duly appointed and qualified City Recorder of Salt Lake City, Utah (the “City”), do hereby certify according to the records of the City Council of
the City in my official possession that the foregoing constitutes a true and correct excerpt
of the minutes of the meeting of the City Council held on November 12, 2024, including a resolution (the “Resolution”) adopted at said meeting as said minutes and Resolution are officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed
hereon the official seal of said City, this November 12, 2024.
City Recorder
(SEAL)
4885-0567-8050, v. 4 A-1 Designation Resolution
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH
OPEN MEETING LAW I, Cindy Lou Trishman, the undersigned City Recorder of Salt Lake City, Utah (the “City”), do hereby certify, according to the records of the City 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 November 12, 2024 public meeting held by the City Council of the City (the “City Council”), as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the principal offices of the City at least twenty-four (24) hours prior to
the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and
(b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be posted on the City’s official website at least twenty-four (24)
hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice, in the form attached hereto a Schedule 1, 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 posted at least annually (a) on the Utah Public Notice Website created under Section 63A-16-601,
Utah Code Annotated 1953, as amended, (b) on the City’s official website and (c) in a
public location within the principal offices of the City that is reasonably likely to be seen by residents of the City.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this November 12, 2024.
City Recorder (SEAL)
4885-0567-8050, v. 4 A-2 Designation Resolution
SCHEDULE 1
NOTICE OF MEETING
4885-0567-8050, v. 4 A-3 Designation Resolution
SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
4885-0567-8050, v. 4 B-1 Designation Resolution
EXHIBIT B
TAX IDENTIFICATION NUMBERS
OF PROPERTIES TO BE ASSESSED
4885-0567-8050, v. 4 C-1 Designation Resolution
EXHIBIT C
NOTICE OF PROPOSED ASSESSMENT
Salt Lake City, Utah
November 12, 2024
A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, November 12, 2024, at the hour of 7:00 p.m., at which meeting there were present 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:
After the conduct of other business not pertinent to the following, the Chair stated
that the Office of the City Engineer had prepared the assessment list for the Salt Lake City,
Utah Central Business Improvement Assessment Area No. DA-CBIA-25, for action and consideration by the Board of Equalization and by the City Council, which assessment list is on file in the office of the City Recorder and available for inspection by any interested property owner.
Thereupon, the following resolution was considered and fully discussed:
2 Board of Equalization Resolution 4867-2729-3154, v. 5
RESOLUTION NO. __ OF 2024
A Resolution of the City Council of Salt Lake City, Utah, appointing a
Board of Equalization for the Salt Lake City, Utah Central Business
Improvement Assessment Area No. DA-CBIA-25; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a Notice of Assessment and Board of Equalization Hearings; and
related matters.
WHEREAS, the City Council of Salt Lake City, Utah (the “City Council”), adopted a Notice of Intention to Designate Assessment Area on July 9, 2024 (the “Notice of Intention”), to designate the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25 (the “Assessment Area”), and published and posted
said Notice as required by the Assessment Area Act, Title 11, Chapter 42, Utah Code
Annotated 1953, as amended (the “Act”); and
WHEREAS, in accordance with the Notice of Intention and as required by the Act, a hearing was held before the City Council on September 3, 2024 (the “Public Hearing”); and
WHEREAS, up until 5:00 p.m. on November 4, 2024, persons having an interest
in the Assessment Area were allowed to protest the designation of the Assessment Area, the inclusion of a property owner’s property in the Assessment Area, the proposed economic promotion activities, whether the assessment meets the requirements of Utah Code Section 11-42-409, or any other aspect of the proposed designation of the Assessment
Area; and
WHEREAS, after protests against the designation of the Assessment Area were counted and considered, the City Council designated the Assessment Area by resolution adopted on November 12, 2024; and
WHEREAS, the City Engineer has prepared the proposed assessment list that
pertains to all of the properties within the Assessment Area; and
WHEREAS, the City Council desires to establish a board of equalization for the purpose of considering any objections and corrections to the proposed assessment list:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH AS FOLLOWS:
Section 1. As required by law, a Board of Equalization for the Assessment
Area is hereby appointed, consisting of one member of the City Council or a representative of the City Council, a representative of the City Treasurer’s office, and a representative of the City Engineer’s office (the “Board”) as follows:
3 Board of Equalization Resolution 4867-2729-3154, v. 5
To Be Determined Member of City Council or a representative
[Marina Scott, Steven Bagley] Representative of City Treasurer’s office
[Chris Norlem] Representative of City Engineer’s office
Section 2. The Board shall sit as the Board of Equalization on the special assessments proposed to be levied and assessed on the property within the Assessment Area and may elect to meet via electronic means or in person at the City & County
Building, Room 326, Salt Lake City, Utah on January 7, 2025 between the hours of 9:00
a.m. and 10:00 a.m.; on January 8, 2025 between the hours of 10:00 a.m. and 11:00 a.m.; and on January 9, 2025, between the hours of 1:00 p.m. and 2:00 p.m. to hear and consider any arguments from persons who claim to be aggrieved and, following the hearings, to consider all facts and arguments presented at the hearings and to and make corrections to
the proposed assessments that the Board may deem necessary to meet the requirements of
the Act.
Section 3. The City Recorder is hereby authorized and directed to publish, post and mail, as provided by law and the ordinances of the City, a notice of meetings of the Board, said notice to be in substantially the following form:
4 Board of Equalization Resolution 4867-2729-3154, v. 5
NOTICE OF ASSESSMENT AND BOARD OF EQUALIZATION HEARINGS
NOTICE IS HEREBY GIVEN that the assessment list for the Salt Lake City, Utah
Central Business Improvement Assessment Area No. DA-CBIA-25 (the “Assessment
Area”) has now been completed and is available for examination at the Salt Lake City Recorder’s office located at 451 South State Street, Room 415, Salt Lake City, Utah. The City Council has appointed a Board of Equalization to hear and consider arguments from any person who claims to be aggrieved by the proposed assessments to be levied within
the Assessment Area, including arguments relating to (a) the amount of benefits accruing
to the property proposed to be assessed or (b) the amount of the proposed assessment.
The assessments levied are for the purpose paying for the proposed activities, which include, but are not 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 (for the benefit of the properties within the Assessment Area). The total amount of the assessments to be levied against benefitted property within Assessment Area is expected
to be $6,187,659, and will be based upon (i) 2024 taxable property values (the “Base
Assessment”), plus (ii) linear feet (except that corner lots will not be assessed for both frontages as applicable, only one) on certain properties with frontage on certain streets for special holiday lights (the “Holiday Light Assessment” and together with the Base Assessment, the “Assessment”). The unit cost is each property’s proportionate share of
the Economic Promotion Activities applicable to the property as described in this notice.
Funding from assessments provides only a portion of the total budget for the Assessment Area’s programs and activities. Salt Lake City, Utah (the “City”) will not contribute any of its own funds for the Economic Promotion Activities; however, 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.
As required by law, three persons have been duly appointed to act as the Board of Equalization on the assessments proposed to be levied on the property benefited within the Assessment Area. The Board of Equalization for assessments proposed to be levied on the affected property within the Assessment Area will meet via electronic means or in person
at the City & County Building, Room 326, Salt Lake City, Utah, on January 7, 2025,
between the hours of 9:00 a.m. and 10:00 a.m.; on January 8, 2025, between the hours of 10:00 a.m. and 11:00 a.m.; and on January 9, 2025, between the hours of 1:00 p.m. and 2:00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments that the Board may deem necessary to meet the requirements of the
Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended.
The assessment list and amounts of the proposed assessment against each parcel of property have been completed and are available for public examination from 8:00 a.m. to 5:00 p.m. at the Office of the City Recorder, 451 South State Street, Room 415, Salt Lake City, Utah.
5 Board of Equalization Resolution 4867-2729-3154, v. 5
After the Board has held all hearings and has made all corrections the Board considers necessary to comply with the law, the Board will report its findings to the City
Council of the City. Appeal from a decision of the Board of Equalization may be taken to
the City Council of the City by filing with the City Council a written notice of appeal in the office of the City Recorder within fifteen (15) days after the date the Board’s final report to the City Council is mailed to the affected property owners.
By resolution of the City Council of Salt Lake City, Utah, this November 12, 2024.
(SEAL) CITY RECORDER
6 Board of Equalization Resolution 4867-2729-3154, v. 5
Section 4. The City Recorder is hereby directed to enter the foregoing proceedings upon the records of the City, and to cause the notice set forth in Section 3 to
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 day on which the first hearing of the Board is held. As a Class B Notice, the City Recorder shall cause a copy of the notice set forth in Section 3 above, to be mailed, postage prepaid, to each owner of property to be assessed within the 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. In addition, a copy of such notice shall be addressed to “Owner” and shall be so mailed, addressed to the street number (or post office box, rural route number, or other mailing address of the property, if a street number has not been assigned) of each of the improved properties to be affected by the assessment.
After due consideration of said resolution by the City Council, Councilmember
____________ moved and Councilmember ___________ seconded its adoption and the same was adopted by the following vote:
AYE:
NAY:
7 Board of Equalization Resolution 4867-2729-3154, v. 5
ADOPTED AND APPROVED this November 12, 2024.
(SEAL)
By: Chair
ATTEST:
By:
City Recorder
APPROVED AS TO FORM:
____________________________________ Sara Montoya Senior City Attorney
8 Board of Equalization Resolution 4867-2729-3154, v. 5
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for her approval or
disapproval on ____________, 2024.
By:
Chair
MAYOR’S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved on this ____________, 2024.
By: Mayor
9 Board of Equalization Resolution 4867-2729-3154, v. 5
STATE OF UTAH )
: ss. COUNTY OF SALT LAKE )
I, Cindy Lou Trishman, the duly appointed, qualified, and acting City Recorder of
Salt Lake City, Utah, do hereby certify that the foregoing is a full, true, and correct copy of the minutes pertaining to the DA-CBIA-25 of a regular meeting of the City Council of Salt Lake City held in Salt Lake City on Tuesday, November 12, 2024, at 7:00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said
proceedings were duly had and taken as therein shown, and that all the members of the City
Council were given due, legal, and timely notice of said meeting as therein shown.
I further certify that I published or caused to be published a Notice of Assessment and Board of Equalization Hearings (the “Notice”) for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25, 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 day on which the first hearing of the Board is held.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this __________, 2024.
(SEAL)
By: City Recorder
10 Board of Equalization Resolution 4867-2729-3154, v. 5
STATE OF UTAH ) : ss. MAILING CERTIFICATE
COUNTY OF SALT LAKE )
I, Cindy Lou Trishman, the duly appointed, qualified, and acting City Recorder of Salt Lake City, Utah, do hereby certify that I mailed a copy of the Notice of Assessment
and Board of Equalization Hearings (the “Notice”) of the Board of Equalization, postage
prepaid, to each owner of property to be assessed within Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-25, 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,
postage prepaid, a copy of such Notice addressed to “Owner” at the street number (or post
office box, rural route number, or other mailing address of the property, if a street number has not been assigned) of each piece of improved property to be assessed. Said Notices were mailed by me on ____________, 2024.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Salt Lake City, Utah, this ____________, 2024.
(SEAL) By:
City Recorder
11 Board of Equalization Resolution 4867-2729-3154, v. 5
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Cindy Lou Trishman, the undersigned City Recorder of Salt Lake City, Utah (the
“City”), do hereby certify, according to the records of the City 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 November 12, 2024, public meeting held by the City Council of the City as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the principal offices of the City at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be posted on the City’s official website at least twenty-four (24)
hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice, in the form attached hereto as Schedule 1, 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 posted at least annually (a) on the Utah Public Notice Website created under Section 63A-16-601, Utah Code Annotated 1953, as amended, (b) on the City’s official website and (c) in a
public location within the principal offices of the City that is reasonably likely to be seen
by residents of the City.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this November 12, 2024.
(SEAL)
By: City Recorder
12 Board of Equalization Resolution 4867-2729-3154, v. 5
SCHEDULE 1
NOTICE OF MEETING
13 Board of Equalization Resolution 4867-2729-3154, v. 5
SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
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CBIA 16: Holiday Lighting Parcels (Preliminary)July 29, 2015Salt Lake City Geographic Information Systems OIncluded ParcelsHoliday Lighting Streets
Non-functioning lights
CBIA ‐ 25 Tentative Timeline
Step Action Description Group/Lead Deadlines 1 Consultant Contract Contract with a consultant to provide guidance throughout process. DED 2/1/24 - 4/30/2024 2 Technical Description of the CBIA Technical Description of the CBIA provided to Engineering. Engineering prepares tax roll based on this data. Consultant 3/12/2024 3 Develop assessment methodology that conforms to Assessment Area Act. Develop assessment methodology concerning Economic Promotion & Lighting Assessment. DED 3/24/2024 4 Overview Transmittal. (Mayor) High level document explaning the process transmitted to Mayor’s Office. DED 3/12/2024 5 Overview transmittal. (Council Office) High level document explaning the process transmitted to Council Office. Mayor’s Office 3/19/2024 6 City Council Meeting DED will provide a written briefing to the City Council on the upcoming on the CBIA- 25 process. DED 4/2/2024 7 Salt Lake County Property Tax Information. Numbers should be available by May 22, 2024. Consultant 5/31/2024 8 Bond Counsel Description & Improvement Review Bond Counsel reviews the description of Improvements and Areas to be Improved. DED 6/5/2024 9 Resolution of intent to designate. Bond Counsel drafts resolution of Intent to Designate. Bond Counsel 6/11/2024 10 Resolution of Intent to Designate and Justification transmittal. (Mayor) Resolution of Intent to Designate and justification documentation transmitted to Mayor’s Office. DED 6/18/2024
11 Resolution of Intent to Designate and Justification transmittal. (Council Office) Resolution of Intent to Designate and justification documentation transmitted to Council Office. Mayor’s Office 6/21/2024 12 City Council Meeting DED will brief the City Council on CBIA-25 Information. DED 7/2/2024 13 Property Owner Letter Prep Property Owner letter includes verbiage of preliminary estimate, rate, notice of intent to designate, common question and map finalized. DED 7/8/2024 14 Tax roll prepared for DED approval. Assess County Data. Engineering 7/8/2024 15 DED approval of tax roll. DED approves county data. DED 7/8/2024 16 City Council Meeting City Council adopts the resolution of Intent to Designate the assessment area. City Council 7/9/2024 17 Draft/Create Notice of Intent to Designate Letter Engineering 7/11/2024 18 Post Notice of Intent to Designate Post notice of intent to designate in at least three public places within boundaries of jurisdiction DED 8/9/2024 19 Mail out Notice of Intent to Designate Mail out Notice of Intent to Designate to go out within 10 days of notice posting. DED sends via State Mail 8/12/2024 20 Minutes prepared for use at protest hearing Distribute to team SAA. Bond Counsel 8/23/2024 21 City Council Meeting City Council Protest Hearing City Council 9/3/2024
22 Draft Resolution to Designate the Assessment Area and appoint the Board of Equalization (BOE). Bond Counsel 9/10/2024
23 Resolution to Designate the Assessment Area and appoint the Board of Equalization Transmittal (Mayor’s Office) Resolution to Designate the Assessment Area and appoint the Board of Equalization Transmitted to Mayor’s Office. DED 9/17/2024
24 Resolution to Designate the Assessment Area and appoint the Board of Equalization (City Council). Resolution to Designate the Assessment Area and appoint the Board of Equalization Transmitted to the Council Office. Mayor’s Office 9/24/2024 25 Property Owners Written Protests Filing Deadline Property owners who are protesting the assessment area. Also, the end of 60-day written protest period. Recorder's Office 11/3/2024
26 Compile Written Protests. Recorder's Office 11/4/2024 27 Delivery of Compilation of Protests Compilation of protests sent to City Council. Recorder's Office 11/5/2024 28 Publishing of Written Protests Publishing of Written Protests on City & State public notice website. Recorder's Office 11/5/2024 29 City Council Meeting City Council announces the protest tally and if it exceeds 40% threshold. City Council 11/12/2024 30 City Council Meeting City Council adopts the Resolution to Designate the Assessment Area and appoints the Board of Equalization. City Council 11/12/2024
31 Recording of the Resolution to Designate the Assessment Area & Notice of Proposed Assessment Record Resolution to Designate the Assessment Area and Notice of Proposed Assessment with Salt Lake County Recorder, within 15 days of adoption. Salt Lake City Recorders 11/12/2024 - 11/27/2024 32 BOE Notice and Dates of BOE Meetings. Finalize Verbiage for BOE notice and dates of BOE meetings. Bond Counsel 11/22/2024
33 Mailing process for the BOE notice. Begins 2 weeks before mailing date. Engineering 12/6/2024
34 Publication of the BOE hearings. Publication and posting of time and location of the 3 consecutive meetings. Posted as a Class B notice at least 20 days, but not more than 35 days from the first BOE hearings dates. Published on the Utah Public Notice Website. Recorder's & DED 12/10/2024
35 Mailing due to Recorder’s Office for review. Due 1 week before mailing date. Engineering 12/13/2024
36 Mailing of preliminary assessment & notice of BOE hearings Class B notice mailing sent to each property owner and each street addres s. DED 12/20/2024
37 BOE hearings 9:00 am to 10:00 am (public meeting). Held on consecutive days by statute. Salt Lake City Recorders 1/7/2025 38 BOE hearings 10:00 am to 11:00 am (public meeting). Held on consecutive days by statute. Salt Lake City Recorders 1/8/2025 39 BOE hearings 1:00 pm to 2:00 pm (public meeting). Held on consecutive days by statute. Salt Lake City Recorders 1/9/2025 40 Finalization of BOE Hearings Finalize the report DED 1/14/2025 41 BOE Report Completion BOE report completed, signed, and forwarded to City Council and Bond Counsel. DED 1/17/2025 42 Mailing of BOE Final Report BOE report mailed to objecting property owners. Begins 15 day appeal period. Engineering 1/23/2025 43 Assessment Ordinance Bond Counsel Draft Assessment Ordinance Bond Counsel 1/28/2025 44 Assessment Ordinance Transmittal (Mayor’s Office). Assessment Ordinance transmitted to the Mayor's Office. DED 2/4/2025 45 Assessment Ordinance Transmittal (Council Office). Assessment Ordinance transmitted to the Council Office. Mayor’s Office 2/7/2025 46 Budget submission for CBIA Submit budget to SLC Finance Department in anticipation of approval. DED 2/7/2025 47 City Council Meeting City Council accepts or modifies BOE recommendations and adopts or rejects Assessment Ordinance. City Council 3/4/2025
48 Center Business Improvement Assessment Area Management Contract drafting and Execution Execute Agreement between Salt Lake City and the vendor to manage the assessment area. DED
49 Transfer properties into billing status. Engineering 3/20/2025 50 Assessment Invoices and Billing Mail assessment notices and invoices to Property Owners by April 5, 2022 the latest. Treasurer 3/21/2025
51 Publication & Posting of the Assessment Ordinance 1. Publication of the Assessment Ordinance on the Utah Public Notice Website. 2. Post a copy of the Assessment Ordinance as a Class A notice. For at least 21 days DED/Recorder's 3/24/2025
52 Record Notice of Assessment Interest with Salt Lake County Recorder. I note that Utah Code 11-42-404(4)(b)(iii) requires the notice of assessment interest to “describe the property assessed by legal description and tax identification number.” Metes and Bounds legal description provided by Recorder’s Office. Salt Lake City Recorders 4/21/2025
53 Effective start date of the Assessment Ordinance Must be specified in the Assessment Ordinance DED 4/21/2025 54 Assessment Payments Due Invoice Payments due from property owners [15 days after effective date of Assessment Ordinance] Treasurer 5/6/2025
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