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JOINT RESOLUTION
OF THE
SALT LAKE CITY MOSQUITO ABATEMENT DISTRICT (Resolution No. 11-30-2017)
AND OF THE
SALT LAKE CITY (Resolution No. 34 of 2017)
APPROVING AN ADJUSTMENT TO THE BOUNDARY OF THE DISTRICT TO INCLUDE MORE OF THE CITY
WHEREAS, the Salt Lake City Mosquito Abatement District (“SLC Mosquito”) owns and operates a mosquito abatement system, providing mosquito abatement services within the boundaries of Salt Lake City (the “City”);
WHEREAS, the boundaries of SLC Mosquito and the City adjoin and overlap, and some portions of the City are not within the boundaries of SLC Mosquito;
WHEREAS, the affected area, which is described in attached Exhibit “A” (the “Affected Area”), is presently located within the boundaries of Salt Lake City but is serviced by SLC Mosquito; and
WHEREAS, SLC Mosquito is desirous of servicing the Affected Area and to have it legally within its boundaries; and
WHEREAS, Utah Code Ann. §§ 17B-1-503(1), -417 provide a procedure whereby the boundaries of SLC Mosquito may be adjusted to include more of the City; and
WHEREAS, a Joint Resolution of the Salt Lake City Mosquito Abatement District and of Salt Lake City Declaring an Intent to Adjust the Boundary of The District to Include More of the City was adopted by the Board of Trustees of SLC Mosquito and by the City Council of the City; and
WHEREAS, the SLC Mosquito Board of Trustees has held a public hearing on the proposed adjustment of SLC Mosquito’s boundary to include the Affected Area after having provided public notice as required by law; and
WHEREAS, the City Council of the City has held a public hearing on the proposed adjustment of SLC Mosquito’s boundary to include the Affected Area of the City after having provided public notice as required by law; and
WHEREAS, no protests or an insufficient number of protests to the boundary adjustment have been filed by owners of private land within the affected area or by registered voters residing within the Affected Area; and
WHEREAS, all statutory requirements prepatory to the adoption of this Joint Resolution have been satisfied; and
WHEREAS, the SLC Mosquito Board of Trustees, after having considered any comments made at the SLC Mosquito public hearing and the reasons for the proposed boundary adjustment, and the City Council of the City, after having considered any comments made at the City public hearing and the reasons for the proposed boundary adjustment, deem it to be in the best interests of both SLC Mosquito and the City and their residents and customers, and the owner of the Affected Area, for the Affected Area, in effect, to be annexed as part of SLC Mosquito and for SLC Mosquito to provide mosquito abatement services for the Affected Area in accordance with this Joint Resolution.
NOW, THEREFORE, BE IT RESOLVED and enacted by the Board of Trustees of the Salt Lake City Mosquito Abatement District and by the City Council of Salt Lake City as follows:
1. That this Resolution is adopted by the respective SLC Mosquito Board of Trustees and the City Council of the City for the purpose of fulfilling and complying with the requirements of Utah Code Ann. § 17B-1-417(4) and (5) relating to adjusting the boundary of SLC Mosquito to include more of the City by annexing the affected area into SLC Mosquito.
2. That the Board of Trustees of SLC Mosquito has determined and hereby does determine the proposed boundary adjustment to be equitable and necessary under the circumstances.
3. That the City Council of the City has determined and hereby does determine the proposed boundary adjustment to be equitable and necessary under the circumstances.
4. That the proposed boundary adjustment, which will include the Affected Area as part of SLC Mosquito, as described and depicted in attached Exhibit “A” which is incorporated by reference as part of this Joint Resolution, is hereby approved, with the boundary adjustment to be effective upon the Lieutenant Governor’s issuance of a certificate of boundary adjustment under Utah Code Ann. §§ 17B-1-417(7) and 67-1a-6.5.
5. That, from and after the effective date of this boundary adjustment, the Affected Area shall be annexed to and be part of SLC Mosquito.
6. That the Chairman of the SLC Mosquito Board of Trustees, acting for the Board, shall be and hereby is authorized and instructed to issue a written notice of the boundary adjustment (the “notice of impending boundary action”) for delivery to the Lieutenant Governor, including a certification by the SLC Mosquito Board of Trustees that all requirements for the boundary adjustment have been complied with.
7. That the Manager of SLC Mosquito is instructed, within thirty days after the adoption of this Joint Resolution by the later of the legislative bodies to adopt the Resolution, to file with the Lieutenant Governor a copy of the notice of impending boundary adjustment and a copy of an approved final local entity plat.
8. That, after the Lieutenant Governor has issued the Certificate of Boundary Adjustment to SLC Mosquito, SLC Mosquito’s Manager is instructed to submit to the Salt Lake County Recorder for recordation the following documents: the original notice of impending boundary action; the certificate of boundary adjustment issued by the Lieutenant Governor; an approved final local entity plat; and a certified copy of this Joint Resolution. After those documents have been recorded, SLC Mosquito may levy and collect a property tax on the affected area and may otherwise proceed as allowed by Utah Code Ann. §§ 17B-1-417(7) and 59-2-305.5.
9. That this Resolution has been placed on the agenda of meetings of the legislative bodies of SLC Mosquito and the City and this action is taken in compliance with the Utah Open and Public Meetings Act.
10. That this Joint Resolution shall take effect upon its approval and adoption by the later of the legislative bodies to act on this Resolution, but the annexation shall not be complete until the Lieutenant Governor issues a certificate of boundary adjustment as provided in paragraph 4 above and SLC Mosquito may not assess a property tax against the affected area until the recordings referenced in paragraph 8 above have been completed.
Approved and passed by the Board of Trustees of the Salt Lake City Mosquito Abatement District and by the City Council of Salt Lake City on the dates set forth below.
Approved and passed by the City Council of Salt Lake City, Utah, this 5th day of December, 2017.