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011 of 1982 - Text Amendment Creating the Central Business Improvement District Advisory Board T 82-8 SALT LAKE CITY ORDINANCE No. 11 of 1982 (Central Business Improvement District Advisory Board) AN ORDINANCE CREATING A NEW TITLE 8 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AND ADDING NEW CHAPTER 2, RELATING TO CENTRAL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Title 8 of the Revised Ordinances of Salt Lake City, Utah, 1965, be, and the same hereby is, created and entitled "Committees and Boards". SECTION 2. That Title 8 of the Revised Ordinances of Salt Lake City, Utah, 1965, be, and the same hereby is, amended by adding new Chapter 2, entitled "Central Bsuiness Improvement District Advisory Board." Chapter 2 CENTRAL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD Section: 8-2-1. Definitions. 8-2-2. Creation of Board. 8-2-3. Appointment. Oath of office. 8-2-4. Removal from office. 8-2-5. Directors' ethics. 8-2-6. Eligibility for membership. 8-2-7. Meetings. 8-2-8. Election of Board officers. 8-2-9. Review of action-veto power of Mayor or Council. 8-2-10. Committees. 8-2-11. Powers and duties. 8-2-12. Attorney-engineer. 8-2-13. Severability. Sec. 8-2-1. Definitions. For the purpose of this chapter the following words shall have the meaning as given herein: (1) "Board" means the Central Business Improvement District Advisory Board created under this ordinance. (2) "Council" means the Salt Lake City Municipal Council. (3) "City" means and has reference to Salt Lake City, a municipal corporation of the State of Utah. (4) "District" means the Central Business Improvement District created by Resolution of the Council dated February 2 , 1982. (5) "Mayor" means the duly elected or appointed, and qualified Mayor of Salt Lake City. (6) "Director" means a person appointed by the Mayor, with the advice and consent of the Council, who is duly qualified and an acting, voting member of the Board. (7) "Person" means an individual. Sec. 8-2-2. Creation of Board. There is hereby created the Board, which body shall consist of nine voting Directors, two to be appointed from the citizens at large and one to be appointed from each of the following groups: (1) Salt Lake City Chamber of Commerce, (2) Retail Merchants Association, (3) Property Managers Association, (4) parking lot operators, (5) professional service groups, (6) the Mayor or the Mayor's designated representative from City Government, (7) financial institutions. The Mayor (in the event the Mayor shall not be a voting director), one member of the City Council, the City Attorney and the City Engineer shall be ex officio non-voting Directors. Sec. 8-2-3. Appointment. Oath of office. All appointments of Directors of the Board shall be made by the Mayor with the advice and consent of the Council. In making initial appointments, the Mayor shall, designate two Directors to serve one year, two to serve two years, two to serve three years, and two to serve four years. Any fraction of a year in the initial appointment shall be considered a full year. Thereafter, all appointments shall be made for a four-year term. Each Director's tern of office shall expire on the applicable third Monday in -2- January, but a director whose term has expired shall continue to hold office until a successor is appointed and qualified. Each Director shall perform service on a voluntary basis without compensation. Directors shall sign the oath of office required by law to be signed by City officials and file the same in the office of the City Recorder. Every Director who shall fail, within ten days after notification of appointment, to file with the City Recorder the required oath of office, shall be deemed to have refused such appointment, and thereupon another person shall be appointed in the manner prescribed in these ordinances. Vacancies occurring in the membership of the Board shall be filled for the unexpired term by appointment by the Mayor. Sec. 8-2-4. Removal from office. Any Director may be removed from office by the Mayor for cause, prior to the normal expiration of the term for which such Director was appointed. Sec. 8-2-5. Directors' ethics. Directors shall be subject to and bound by the provisions of the Utah Public Officers' and Employees' Ethics Act, Section 67-16-1 et seq., Utah Code Annotated, 1953, as amended and the Conflict of Interest Ordinance of the City, Section 24-13-1 et seq. Revised Ordinances of Salt Lake City, Utah 1965, as amended. Any violation of the provisions of said act shall be grounds for removal from office. Sec. 8-2-6. Eligibility for membership. A person to be eligible to be appointed as a Director of the Board shall meet the following prerequisites: (1) Be not less than 21 years of age. (2) Be a resident of the State of Utah. Sec. 8-2-7. Meetings. (1) The Board shall convene for regular meetings to be held not less than monthly throughout the year. (2) The Board shall comply with the provisions of Section 10-3-601 et seq. Utah Code Ann. 1953, as amended. (3) Special meetings may be ordered by a majority of the Board, the Chairperson, the Mayor or the Councilmember of the -3- Board. The order for a special meeting must be signed by the Director calling such meeting and, unless waived in writing, each Director not joining in the order for such special meeting must be given not less than three (3) hours notice. Said notice shall be served personally or left at the Director's residence or business office. (4) Meetings shall be held at such public place as may be designated by the Board. (5) The Board shall adopt a system of rules of procedure under which its meetings are to be held. The Board may suspend the rules of procedure by two-thirds vote of the Directors of the Board who are present at the Meeting. The Board shall not suspend the rules of procedure beyond the duration of the meeting at which the suspension of the rules occurs. Sec. 8-2-8. Election of Board officers. Each year the Board at its first regular meeting after the third Monday in January shall select one of its Directors as Chairperson, and another of its Directors as Vice-Chairperson who shall perform the duties of the Chairperson during the absence or disability of the Chairperson. The Mayor shall make available a secretary from his staff to the Board when required. Sec. 8-2-9. Quorum. Five Directors of the Board shall constitute a quorum for the transactions of business. The Board may act officially by an affirmative vote of any five of the Directors. Sec. 8-2-10. Records. The Board shall cause a written record of its proceedings to be kept which shall be available for public inspection in the office of the City Recorder. The Board shall record in the record the yea and nay votes on the voting of any action taken by it. Sec. 8-2-11. Review of action-veto power of Mayor. All actions taken by the Board shall constitute recommendations to the Mayor and shall not constitute official action. All actions shall be reduced to writing and submitted to the Mayor. The -4- Mayor, or the Mayor's designated representative, shall have the power to review, ratify, modify or veto any action submitted by the Board, or refer the matter to the Council, if appropriate. The Board shall be promptly notified in writing of the action taken by the Mayor, or, if referred to the Council, the action taken by the Council. No action shall be implemented until the Board is notified in writing that it has been ratified by the Mayor or that the Council has adopted an ordinance implementing the recommendation of the Board, or that the action was modified and adopted by the Mayor or Council, as appropriate, and in such event it shall be implemented as modified. Sec. 8-2-12. Committees. The Board may designate such committee or committees as it desires to study, consider and make recommendations on matters which are presented to the Board. Committee members may be Directors, but the Board shall have the power to appoint such committee members as it deems appropriate and advisable even though they may not be Directors. Sec. 8-2-13. Powers and duties. The Board shall have the following powers and duties: (1) The power to determine and establish such rules and regulations for the conduct of the Board as the Directors shall deem advisable; provided, however, that such rules and regulations shall not be in conflict with this ordinance or other city, state or federal law. (2) To recommend to the Mayor the adoption and alteration of all rules and regulations which it shall from time to time deem in the public interest and most likely to advance, enhance, foster and promote the general business activities within the District for the benefit of the businesses assessed within the District and for the purposes of carrying out the objects of this ordinance; but such rules and regulations shall not be in conflict with the provisions of this or any other city ordinance, state or federal law. (3) To recommend broad matters of policy regarding the -5- operation and management of the District. (4) The Board shall annually review and make recommendations to the Mayor on a proposed budget for the purpose of operating the District. The budget shall be prepared and filed at such time as the Mayor shall designate and shall contain a full and detailed estimate of the revenue required during the ensuing year for the maintenance and operation of said District. The proposed budget shall be submitted to the Council to be adopted in the same manner as the budget for general purposes. The expenditures for the maintenance and operation of said District shall be limited to the extent of specific appropriations of money made in advance by the Council upon estimates furnished and to the extent taxes are levied therefor. (5) Review not less often than annually with the Mayor, the income from all sources, the expenditures for all purposes, and the relationship of anticipated revenues to anticipated expenditures. Sec. 8-2-14. Attorney-engineer. The City Attorney and the City Engineer shall be the attorney and engineer, respectively, for the Board. Sec. 8-2-15. Severability. The provisions of this ordinance shall be severable; and if any provision thereof, or the application of such provision under any circumstances is held invalid, it shall not affect any other provision of this ordinance, or the application in a different circumstance. SECTION 3. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 2nd day of February 1982. CHAIRMAN -6- ATTEST: Transmitted to the Mayor on Mayor's Action i MAYOR ATTEST: ITY RE ER cc9:8 (S E A L) BILL 11 of 1982 Published: March 11, 1982 —7— SUM 35X Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake — .�tt�y — Shana D. Conaty ( FAIT LAKtlBi.'11 eF ORDIMANCE. .................................................................................................... ANC. `ppNCEI E''f1,eF ` { T"Od E REYIS �NANC S (ITS,i%S, s"u iN r`"E ? �� R Being first duly sworn,deposes and says that he is legal advertising clerk of the DESERET NEWS, a daily e`or°�hskivYWRDid .aseH (except Sunday) newspaper printed in the English Ella heraby� 1%l errlellOM� Inee••e°"alewll�mProw- Ianguage with general circulation in Utah, and Myp published in Salt Lake City, Salt Lake County, in the CTADVISI State of Utah. Sexttens a '.n .. That the legal notice of which a copy is attached hereto for eoerddNl 71,;. Pub notice of Ordinance #11 of 1982 (Central Il e aclloo-wre Goorklr, ..... ......... ..... ... ........ ........ ........... IlV y8-y2-12. -enenter. Business Improvement District Advisory Board) .SbE.. Wm.For. oeij;otthlr rthe ......... ... rollowllNJ• ,.;NI Mua Ifd B� . DIst(2) Board a the A r If d elllant GII.(21. I'means the SON A.ake Clly Mun o1Pei Caun- ................... .... .. .... ... .. .. ..... (�' `CltYie 1 t amellt 2 79B2C� 1 Fe"ily f or ,and Wllhe ells' olY -„,' flees ` �y, reams; was published in said newspaper on..... ....March 11, 1982 Board,wh 'boo' La .. ... to be to f�adlapp 7Nk� �ChenMter 1 pD / 1111M I�eetll� y .. ... fie'. oo��aeen�na ke lllhvroa i-leGl- i � ,. Irotl ut tlp�re.cdto'ere Meti�aer Uh ,etNh eth�lAryAavdr' 'i ............... At1pr1BY aM the city Erpinebr.etull he e■ norvyotllq Legal Advertising Clerk Dlre See. 6 Sec.&o21J.PtNtoll'd"path of oNiin All allo�oovloMr mwdr W Dirzt— ad pMeeBu�tooee �ICI be�made 1mfv�Bthe I4 app"holtZ menu,the N4Yor flcell,IbsfpNe IMI.ItWoe�Dlfto seNeane `1 w=orio a1M°erw four'�0vea1N°ia.AN "Oe`irtM9xtl1Doh M e ywr Iph�"aabS'h fore me this......................18th..........................................._.......day of Ins tmenp 9ialll b ANdefer a fauf Fveafrhtn..ZONE." D1IedL ror'smterm of officerb1¢Ilrex ir° n Mr aNPNp. HeA :m'h9F,.........A.D.I9...$2.. dcorfflnue2ropNpre erroaHla pleea�t��pr�.Nedpr McWN ID rvepwe. INitllont bv' ro�be:lfwatl bVr ClhI e�olNCla emlbaa�I„m egltlled shall fall,wlmlh ten 4rve elver no"INlileer r.Adtlon of a�o�lntment to file nw1 f�M p,CIS R re90 lnfmm?phlof aNlceA:rlWee. '/// sr �Ne shMfl`ar�allclin OCW rHifle np NI Mlle andmembenhly of —*!".....-.... t..... '<=.""""""""'2. ��...'.:.`..7'L..—�—. the Board dNII be�Rllaeld�f or�ntaaeBui 1W'term by ePPam- Notary Public remw�Ced aE RONIce W tM Mayor for Sage Mpr iy the. arorroa raflon of Itle term ror wfdcll,euSh Director wn Sec&2d Direcbra'amiss.Directors th.11 ba subbcl b Annotaro0•1�'hm sAct,SW on.the1I the tCalloh e'7cT��licOntr"etah o de nanoe of tir-City,Sedlen 2s-l34 et seq.Re%9 ordi,"t of Sam Lake CIry,Utah 19a5 ametded.AtW videtion of 1M r-15ldN of said act M.1.be 9roude for ralnwN hdn of- Sec.624.EllelbNlry for menteershiP.A pereerl to be elt ble to to aPPOIMed es a Dtractor of the Board 0.11 meet 1M felt" equlallnnepaa{21 Ylb7areeaemof gBfpa ......... Iler .• to hNd ilat�tldo lliMl F year. W-4 N&WAq,144hCCO01e Ann.��a9Syia0lradO.yraygnps �laOroy�fllv5eclian 1 �oA Id mee11ro m.w�`6al Mvl a Me plrector ceIIInY su rturiOg and,unless b w IN,sail 0 b. mf idninO in the Ih 3) e1K11 special nleenrq must be Olvan Nr IOss nlYt M1ee IJI noun I.In Sar notke ahe11 be served persdalN a Ielt of the Diracbr's reddencea busMeas ke. U)Meetpbs stlall ae held al surh pAMk Plaq as rNv pe tleslONfetl Boar0. (s)71b rtl shell sdoO1 a SYdem q Hass of Mocetlun urger whim its mperagdenpdaRare b be her.The Board maY sus- of�the�BoreM w b are Oreemle S t Hie I�MeMIn�pM.Ta1R BaaM dull rot susaerld Me rules ri vra Mira bawrd Ma dulaHOn of the ' DISK a&4 E�lectbn dBOerAriba.E yessr 11M Boertl t iN Hrat regular nterihq after the Mird Mnrev ma�I tsll�werary IMaDlrgs VICNeLTDonirp r wM 6M11 perfoml Me dude of the Chalrnersal dlrrinp the a0serlce a dleabllHy of tle fr�irrorsm1anNb�Baard vrMlteriii��vailrieea seaetery stih>b a Bqq�Lp�Aprr.U1epmr1a���eI�a�6d��rB�eoyarO7s�hpellBpa�� may act atic101h'br an afNrmative vote of aM flue of 1ha Dlreclaw 5a� &R-lO.Retards.TM BoerO Mall Cause a wrlMen r'6 cord Of Its orOCeOdings b oe l�pe(p�whkn still 6e avallabb Ion hellcr In Melnrttpd Me Yea sd M16 V 1m✓otinp of aM actin taken br it. Set.8$•11.Review ri actbhveb uower of MeW,All x. ibt taken by the Board doll mnstltute reCdnmMgat1"10 iro Moron sal shell M carstlhde ofHd10 actin.Allypercflps NalIP soar or'mdeNalwlated r ati e,MagNM Irev'. bd W MebBOraN or rreM the in HMear tta I If Con akM pbY tt**Mal W a�ongll fledb". It,l i -tIithe�Board -Hffg II w-i�Hlnp r�IMatdpItplthn Ibatl a x ��mmqp�Ime�Mi qM the�r00onanmWetyI N IM Board,a Itlal the eC1i0n was moditiad and adGpfNaO br the Manor q C.—II,as IofVr ale,sal In wh evert n shall be lM-M anetl as SM.O&R-1R.Cannrit0ees.the BOerd nbr desleNle Mich cammitse a anmllfbes as It tladres b snMv,mrtdtler aN make recplansrMarbn an matters which are preserved fM Board.CsnmiHes manias may be Dneclas,dR Ilte Board Mrii Mae Me paver b mpam wch mnanittee nenben as H �BefDN appraalal9 and adVlsabl9 even Mwgtl nMy llby rot Yam.92s13.P—ars and tlutks.The BOerd doll NVe the blto(mm 1)Th.p0�sppeDDrwws and Outles: yh y19y apulta IM so IOWK Y'of� rd BOast.bI wI 'iMa 1DIYS!)oFahall deem advlseble;Moulded,Ibleever.that such tiles and repu. �atkaw shall(eNtllerhe M'OsrNliq M Mia adirlstce q onMr <sla7�gfemtrNrbMb IN Mason Me a0eptl0n art altar atbnR)o(all Nkb and r to leti.M=cth It still ken nme to ihre deem in Ifu pudk Imgest anti most Ilkely b advan0e, it District to OetoBl ator�ral� adlvHies within Ito Dbtrkt and for itu Wrposes q burl wf Ho oblecu ri Mb gdirurgs;but soil rubs antl realdri�err dun adirwtce slewb w IfederM�.Isisn of Mls a am other dty (�)7o RCpnrrerW broad metiers pf Oo1kY reeafdlrq the Operation a1r manaowneM of Me Dlatrkt. �U)T110 Board shall ampNl�lysrtMew err make reccoumrtmen- rilnp�alled edkllrNte of Mereue�iueb�requi eAlAurlrgiple t wscnhWa tlrrbps the MaramMoe� lrici!The the s—v doU lu MAm aro thyeyCauncll b 0e adoptetl M xp seta mafMler as the b1KIWta1d0 lOn of-Id s.The lihall a Ilm for the malMerwof ri mr DNirlci doll be Ilmlte0 b the exbm of epeI UIC apMo- Mbibrl6 ofympdmay Rode Mp advance br nle CpbIall�t�tillerUapTgonrHtl �I(S)w few nM bu ottenal iha�l sNaiWllly M'Im IN Maw, jme I.coeme(rOrn an spurCes,tlu BxeNYHhpea bran Iw e=PaiaMrbnMlo of amklWlaA revenues t0 amiClPeted 'i. Sec.&R-la.AtbmeYerrrineer:The CHy Attorney err t11e Clty EnWneer doll he Me attorney eltl arginear,res0etllve- Iv,fSorarno Board. shall bB 8- 2-15. :raMif,aovlsl0nMier of a n�iel LL Validt t MII otO t.CI lalder any drCunr j—Mi.M nl1adltl Ih velr,a shell Mt afbct arty OMs MOVIEIOn of Mia gdlNrars, a theaoPlketbn In s tlillerdH clydMsbnce. SECTION 1 This gdtnsloe doll take effect upon ns ant v s ed by Ifie city COVr1cII of San lake CJiv,than,S. Mia Rlal daY of FebruafY.19aR. .gy�aa� y ATTEST: CHAIRMAN C IT!RE�COI�tD R TnnsmltfetlblM Meyq on March 219aR Mayor's ACIip1 T1d ATTEST: MAVOR yCITY VI-lh-GORDER O EA 11 O11saR „.Owl— Pubilslted:Martl111,198R _