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SALT LAKE CITY RESOLUTION
NO. 43 OF 2018
(A Resolution Identifying an Extraordinary and Compelling Reason to Hold $212,789 of Police Impact Fees and Identifying a Date to Expend the Fees)
A Resolution Identifying an Extraordinary and Compelling Reason to Hold $212,789 of Police Impact Fees and Identifying a Date to Expend the Fees
WHEREAS, the City is authorized under Utah Code 11-36a-102 to collect impact fees for public safety facilities, including a building constructed or leased to house police, fire, or other public safety entities.
WHEREAS, the City collected police impact fees and adopted an Impact Fees Facilities Plan which identifies the “Sugarhouse Precinct, Land and New Construction” as an impact fee eligible public safety facility (“East Side Precinct”).
WHEREAS, under Utah Code 11-36a-602 and under City Code 11-98-110(D), the City must spend or encumber impact fees within six years after receipt, unless the City Council identifies, in writing, an extraordinary and compelling reason to hold the impact fees longer than six years and sets an absolute date by which the impact fees shall be retained.
WHEREAS, $212,789 of the police impact fees are slated to be refunded on October 31, 2018 (“Expiring Fees”).
WHEREAS, the Administration has requested the City Council consider retaining the Expiring Fees and the City Council has identified the following extraordinary and compelling reasons to retain the Expiring Fees beyond October 31, 2018.
NOW THEREFORE, be it resolved by the City Council of Salt Lake City, Utah:
SECTION 1. Compelling and Extraordinary Reason to Retain $212,789 beyond October 31, 2018. The Administration has identified a piece or pieces of real property that meet the requisite criteria for the East Side Precinct (“Properties”), and the Properties have either not been previously available or have not until now been deemed appropriate for purchase or acquisition for the East Side Precinct. The Properties are now either available or have been deemed appropriate for purchase or acquisition for the East Side Precinct. The Administration requests retention of the Expiring Fees beyond October 31, 2018 in order to negotiate with the Properties’ owner(s) and engage in due diligence, including potential environmental studies, to determine if it is feasible to construct the East Side Precinct at one or more of the Properties. The East Side Precinct is a priority for the City Council and retaining the $212,789 will provide the City with an opportunity to potentially acquire the Properties for the precinct.
SECTION 2. Set Date to Spend Expiring Fees. The Expiring Fees will be spent or encumbered by April 30, 2019.
SECTION 3. Effective Date. This resolution shall take effect upon adoption.
Passed by the City Council of Salt Lake City, Utah, this 30th day of October, 2018.