086 of 2006 - Defining what constitutes a significant parcel of real property within the meaning of the Utah State 0 06-1
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SALT LAKE CITY ORDINANCE
No. 86 of 2006
(Defining what Constitutes a Significant Parcel of Real Property)
AN ORDINANCE DEFINING WHAT CONSTITUTES A SIGNIFICANT PARCEL OF
REAL PROPERTY WITHIN THE MEANING OF THE UTAH STATE CODE.
WHEREAS, U.C.A. § 10-8-2(4)requires that before a municipality may dispose of a
significant parcel of real property, the municipality must provide at least 14 days notice and an
opportunity for public comment on the proposed disposition; and
WHEREAS, the Utah Code also requires that each municipality shall, by ordinance,
define what constitutes a significant parcel of real property and what constitutes reasonable
notice; and
WHEREAS, after having reviewed and studied this matter, the City Council finds that the
proposed ordinance is in the best interest of the City;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, as
follows:
SECTION 1. Section 2.58.020B of the Salt Lake City Code shall be and hereby is
amended to read as follows:
B. Sale, Lease or Irrevocable Transfer. The chief procurement officer shall
adopt specific written guidelines establishing requirements for notice, bidding or other
conditions of sale, lease or other transfer of real property.
SECTION 2. Section 2.58.035 of the Salt Lake City Code shall be and hereby is enacted
to read as follows:
2.58.035 Significant Parcel of Real Property
In connection with any proposed sale, lease, conveyance or other disposition of
real property owned by the City, the following real property is deemed to be
"significant":
A. Any property where the conveyance of the property would result in
a request to amend the City budget;
B. Any property where the conveyance of the property would result in
a request for a change of zoning of that property;
C. Any property that is specifically referenced in a master plan or
where the proposed use of the land following its conveyance would conflict with
the master plan for the area; and
D. Any property designated as significant on the"Table of Significant
Parcels of Real Property" set forth below.
SECTION 3. The Salt Lake City Code shall be and hereby is amended to include the
"Table of Significant Parcels of Real Property," as set forth on Exhibit A attached hereto, to be
located within Section 2.58.035D of the City Code.
SECTION 4. Section 2.58.040 of the Salt Lake City Code shall be and hereby is
amended to read as follows:
A. A significant parcel of real property owned by the city or any 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 of a significant
parcel of City owned real property shall be interpreted to require the following:
1. Notice of the proposed conveyance shall be mailed to all
abutting property owners.
2. Notice of the proposed conveyance shall be delivered to
the office of the City Council,posted in the office of the City Recorder, delivered
to a local media representative, and posted on the City's website.
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C. No significant parcel of City owned real property, as identified on
Table 2.58.035, may be conveyed until after a public hearing has been held before
either the Salt Lake City Planning Commission, the Airport Advisory Board, or
the Public Utilities Advisory Board.
D. In addition to the public hearing required above, the Salt Lake City
Council may also request a public hearing prior to the conveyance of any
significant parcel of City owned real property. Any request for a hearing before
the City Council must be delivered to the office of the Mayor no less than 15 days
after delivery of the notice to the office of the City Council pursuant to Subsection
B.2 above. 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 council, the mayor or his
or her designee shall meet thereafter to hear and consider comments upon
proposals to convey the city property specified in the notice. Such hearing shall
take place before, after or in conjunction with a regularly scheduled city council
meeting, as determined by the mayor.
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;
7. The date, time and location of the public hearing to be held.
The notice shall further state that interested persons may appear and comment
upon the proposal.
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F. The conveyance or encumbrance of real property of the city may
be finalized as follows:
1. By the mayor, at his/her discretion following notice and/or
public hearing, as required by this section; or
2. If the transfer is revocable and the mayor has determined
that an unanticipated combination of facts and conditions of pressing
necessity has emerged which requires that action be taken prior to a city
council hearing. Such conditions shall not be deemed to arise, unless it
appears that delay from notice or a 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
3. 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.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on the
date of its first publication.
Passed by the City Council of Salt Lake City,Utah this 12th day of
December , 2006.
CHAIRPERSON
ATTEST:
IE DEPUTY TY RE ORDER
Transmitted to Mayor on 12-12-06
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Mayor's Action: /( Approved. Vetoed.
AY R
CHIEF DEPUTY Y Off, ,t,++
* G.,4I APPROVED AS TO FORM
+ Sett Lake City Attorneys Office
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Bill No. 86 of 2006.
Published: 12-19-Oh •
1:\Ordinance 05\Defining a Parcel of Real Property 052606 final.doc2.
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2.58.035D "TABLE OF SIGNIFICANT PARCELS OF REAL PROPERTY" .
Transactions Granting Transactions Granting an Interest
Fee Title
Type of Property'
Lease or Revocable Permits
Temporary
Property Property Use Utility
Sales Exchanges Agreements Easements Permits** Commercial Residential
Airport Y Y N N N N NA
Golf Courses Y Y Y* Y Y Y Y
Open Space2: Y Y Y y y Y Y
Streets &Alleys:
Surface Rights3 Y Y Y* N N N N
Subsurface Rights Y Y N N N NA NA
Aerial Rights Y Y N N N NA NA
Public Buildings (except Airport
property) Y Y N N N N N
Public Utilities Properties:
Canal Properties Y Y N N N N N
Water Facilities Y Y N N N N N
Sewer Facilities Y Y N N N N N
Storm Drain Facilities Y Y N N N N N
Watershed Y Y N N N N N
' To the extent that the property falls into more than one category, the more restrictive process will apply.
2 Includes all open space property within or without City boundaries, as defined in Chapter 2.90 and Chapter 21A of the Salt Lake
City Code.
3 To the extent that any surface use involves a street or alley closure, such use would also be subject to the street or alley closure
process.
NA = not applicable
*More than 10 years initial term or more than 30 years total with option terms.
**Includes Telecommunications Franchises and Telecommunications Right-of-way Permits.