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RESOLUTION NO. 11 OF 2013
Authorizing the approval of an interlocal cooperation agreement between Salt Lake County, Utah and the Utah Performing Arts Center Agency, (UPACA) an interlocal entity to be created by Salt Lake County, Utah, Salt Lake City Corporation, and the Redevelopment Agency of Salt Lake City, as members, relating to the operation of the Utah Performing Arts Center.
WHEREAS, Title 11, Chapter 13, Utah Code Ann., 1953 (the “Act”), allows public entities to enter into cooperative agreements to provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to accomplish said purposes;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows:
1. Subject to the condition described in paragraph 3 below, it does hereby approve the execution and delivery of the following:
An interlocal cooperation agreement between Salt Lake County, Utah and the Utah Performing Arts Center Agency (“UPACA”), an interlocal entity to be created by Salt Lake County, Salt Lake City Corporation (“City”), and the Redevelopment Agency of Salt Lake City, as members, effective on the date it is executed by all parties, relating to the operation of the Utah Performing Arts Center. If the attached agreement must be signed before the appointment of a formal board of directors of UPACA, the City Council approves of the City executing the attached agreement as a member of UPACA.
2. Subject to the condition described in paragraph 3 below, Ralph Becker, Mayor of Salt Lake City, Utah, or his designee, is hereby authorized to approve, execute, and deliver said agreement on behalf of Salt Lake City Corporation, in substantially the same form as now before the City Council and attached hereto, subject to such minor changes which do not materially affect the rights and obligations of the City thereunder and as shall be approved by the Mayor, his execution thereof to constitute conclusive evidence of such approval.
3. Notwithstanding the foregoing, the authorization for the Mayor to sign the interlocal cooperation agreement is subject to the condition that the agreement first be amended to provide, in effect, that: (a) any public entity issuing bonds for the UPAC facility shall have the authority to conduct an annual financial audit of the UPAC; and (b) the UPACA board must review the arts accessibility program details, including funding, with the City Council for input and approval prior to implementation of that program.
Passed by the City Council of Salt Lake City, Utah, this 5th day of March, 2013.