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Committee backs draft ordinance to charge fees for TEFRA hearings and agrees to hold county TEFRA hearing for three multifamily projects
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Summary
Members asked staff to draft an ordinance to recover county costs for TEFRA (Tax Equity and Fiscal Responsibility Act) public hearings and agreed to forward a request from bond counsel to have Salt Lake County hold the TEFRA hearing for three multifamily projects located in Murray, Midvale and Salt Lake City.
The Salt Lake County Debt Review Committee asked staff to draft an ordinance to recover the county’s costs for TEFRA public hearings and agreed to hold a TEFRA hearing for three multifamily projects that bond counsel presented.
Mitch Park introduced the idea of a fee to capture the county’s staff and elected‑official time for conduit (TEFRA) transactions and explained the purpose: to recover county review costs without creating a barrier for projects that benefit the community. He described a draft ordinance and said the intent is to estimate reasonable costs rather than attempt to fully recoup every hour of staff time.
Committee members discussed alternatives, including requiring applicants to seek a city‑level TEFRA hearing first (on the grounds that the municipality is the local jurisdiction) and using a reimbursement schedule tied to documented staff and legal hours. Members noted that some municipalities may lack the experience and resources the county has to run the hearings and that a flat fee could either under‑ or over‑capture costs depending on transaction complexity.
A motion asking staff to prepare an ordinance and an estimate for a fee schedule was moved and seconded; the committee voted in favor. Committee staff said a draft ordinance and an estimate will be provided with the next agenda.
Immediately afterward, bond counsel Jacob Carlton of Gilmore and Bell requested that Salt Lake County provide the TEFRA hearing for three separate multifamily housing projects being financed through the Public Finance Authority. Jacob said the projects are located in Murray, Midvale and Salt Lake City and that, because the projects span separate municipalities, it is appropriate for the county to provide a single hearing. The developer’s representative, Keith Warburton, said the projects are on an expedited schedule and asked the committee to allow the hearing to be scheduled toward late June; staff suggested June 24 as a likely available council hearing date.
The committee moved to forward the request and to have the county hold the TEFRA hearing; the motion passed by voice vote. Committee staff said they would confirm timing and coordinate notice and counsel engagement.
