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RESOLUTION NO. 5 OF 2014
Adopting the conclusions of a study performed under Utah Code Section 10-8-2, and making findings regarding value and public benefit, with respect to a donation by the City to the Reperatory Dance Theatre of a surplus minivan.
WHEREAS, Salt Lake City Corporation (the “City”) currently owns a 1999 surplus seven-passenger minivan with 31,739 miles (the “Minivan”);
WHEREAS, the City has determined that the Minivan has met its useful purpose and has declared it surplus under Salt Lake City Code 2.56 and City Policy 2.04.01 and has determined that the Minivan has an auction value of approximately $3,350; and
WHEREAS, the Reperatory Dance Theatre, a nonprofit entity (the “Theatre”), has requested that the City donate the Minivan to the Theatre pursuant to a donation agreement (the “Donation Agreement”), the Minivan to be used to transport visiting artists, move dancers and equipment to events, and to transport personnel to meeting and functions, saving the Theatre approximately $3,000 in annual car rental fees; and
WHEREAS, the City values the arts, has historically supported a broad range of community art programming, and desires to assist the Theatre in this regard by donating the Minivan to the Theatre; and
WHEREAS, the City has determined that the potential loss of approximately $3,350 by the fleet replacement fund will not adversely affect the City; and
WHEREAS, for purposes of Utah Code Section 10-8-2(1)(v), the donation of the Minivan to the Theatre will constitute the provision by the City of nonmonetary assistance to a nonprofit entity and the value of that assistance does not exceed one percent of the City’s budget for the current fiscal year; and
WHEREAS, though not required by Utah Code Section 10-8-2 in this case, the City has performed a study (the “Study”) setting forth an analysis and demonstrating the purpose for the City donating the Minivan to the Theatre and concluding that the donation request met all compliance factors and that the City would receive adequate consideration for the one-time loss of $3,350; and
WHEREAS, the City Council has, following the giving of not less than fourteen (14) days public notice in a newspaper of general circulation in Salt Lake City and on the Utah Public Notice Website, conducted a public hearing relating to the foregoing, in satisfaction of the requirements of Utah Code Section 10-8-2; and
WHEREAS, the Council has reviewed the Study, and has fully considered the analysis and conclusions set forth therein, and all comments made during the public hearing;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows:
1. The City Council hereby adopts the conclusions set forth in the Study, and hereby finds and determines that, for all the reasons set forth in the Study, (a) the net value, both tangible and intangible, to be received by the City will constitute adequate consideration, or equivalent value, for the benefit being provided by the Donation Agreement, and (b) the Donation Agreement will provide for the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the inhabitants of the City.
Passed by the City Council of Salt Lake City, Utah, this 25th day of March, 2014.