TITLE HERRIMAN HILLS OPEN SPACE INITIATIVE TEXT

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1 TITLE HERRIMAN HILLS OPEN SPACE INITIATIVE TEXT HERRIMAN CODE OF ORDINANCES THROUGH OPEN SPACE FEE Purpose. It is the intent of this chapter to establish an open space fee to be held in an open space fund to purchase unimproved real property commonly known as Herriman Hills or South Mountain, preserve, protect, maintain, and operate the property for the benefit of current and future generations, and protected against encroachment of residential and commercial development Definitions. A. "Residential unit" or "residence" means any house, condominium, apartment, or similar dwelling unit, which serves as a dwelling for a person, group of persons, or a family, including each separate apartment dwelling of a duplex, triplex, fourplex or apartment building and any upstairs, basement, garage or detached apartment or housing unit located within the municipal boundaries of Herriman. B. "Commercial property" means any office, business, professional, or other building, school, or church located within the municipal boundaries of Herriman that is not a residential unit or residence within the municipal boundaries of Herriman. C. "Open space fee" means the fee imposed pursuant to Section D. "Open space" for purposes of this chapter means unimproved real property that includes the area generally described on the attached description and map and commonly known as Herriman Hills or South Mountain Open space fee. An open space fee of$7.00 per month shall be charged to the owner of each residence, residential unit, or commercial property located within the municipal boundaries of Herriman. -1-

2 Responsibility for payment. The owner or owners of any residence, residential unit, or commercial property shall be responsible for payment of the open space fee Creation of open space fund. There is hereby created a restricted special revenue fund entitled the "Herriman Open Space Fund" to be: A. funded by the open space fee as provided in Section ; B. used for the restricted purpose of acquiring open space; C. appropriated only for reimbursement, matching, acquisition, improvement, operation, and maintenance of open space; D. restricted from use for residential or commercial development; and E. operated in compliance with Utah Code Ann. Section 51-2a-101 et seq., Accounting Reports for Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; and Method of collection. The City shall include the open space fee on the water bill for any residence, residential units, and commercial properties that are billed by the City for water service. The open space fee shall be a separate line item and be collected simultaneously with the water bill. Any payments received by the City pursuant to the water bill shall be allocated first to pay the open space fee and the remainder to pay for water service. The City shall collect the open space fee from any owner of residence, residential units, or commercial property located in the City that is not billed by the City for water service Open space fee exemption and adjustments. Residents who qualify for Salt Lake County's Circuit Breaker tax abatement program or Salt Lake County' s Indigent or Hardship tax abatement program shall also qualify for a reduction in the open space fee. Residents who qualify for Circuit Breaker program credit or Indigent or Hardship program credit in amount equal to or greater than $500 shall be relieved of the obligation to pay the open space fee for the following calendar year. -2-

3 Effective dates of the open space fee. The open space fee shall be charged for a period beginning January 1, 2016, and ending December 31, The open space fee shall be included as part of the first water billing period beginning on or after January 1, Severability Clause. If any provision of this chapter or the application of any provision to any person or circumstance is held invalid, the remainder of this chapter shall be given effect without the invalid provision or application. -3-

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5 Properties to purchase A property in Salt Lake County, Salt Lake Base and Meridian, described as sections or portions thereof; Township 4 South Range 2 West Section 20 {4S2W20) This section's North and West border being adjacent to the Salt Lake County Yellow Fork Recreation Area 4S2W21 4S2W22 Less and excepting property of Camp W G Williams 4S2W23 North half of the North half Less and excepting property of Camp W G Williams 4S2W24 North half of the Northwest quarter Northeast quarter 4S1W19 North half 4S1W20 North half of North half 4S1W21 North half of North half 4S2W16 South half of Southwest quarter Southeast quarter South half of Northeast quarter 4S2W15 South half 4S2W14 4S2W13 4S1W18 4S1W17 4S2W10 South half of Southeast quarter East half of Southeast quarter of Southeast quarter 4S2Wll South half South half of Northwest quarter 4S2W12 South half of Southeast quarter 4S1W07

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