KANE COUNTY ORDINANCE NO. O 2024 – 13
AN ORDINANCE ESTABLISHING COUNTY POLICY REGARDING PUBLIC ACKNOWLEGMENT OF THE USE OF KANE COUNTY FUNDS
WHEREAS Kane County is authorized, through various state and federal constitutional provisions and through various general and specific state laws, along with various limitations under state and federal law, to provide funding derived from taxes and other revenue sources to other governmental entities and to private non-profit organizations and under limited circumstances to individuals or for-profit entities for public purposes; and
WHEREAS Kane County is also authorized to expend funds directly for various public purposes including but not limited to events, programs, and infrastructure projects; and
WHEREAS Kane County desires to have greater transparency by requiring various public acknowledgment of the use of taxes or other county revenues when any Kane County funds are provided to another person or entity for specific public purposes or when the County itself hosts a public event, provides services under a program, or builds any public infrastructure; and
WHEREAS the statutory authority for enacting this ordinance is Utah State Code §§ 17-53-201 et. seq.;
NOW THEREFORE, THE COUNTY LEGISLATIVE BODY OF KANE COUNTY, STATE OF UTAH, ORDAINS AS FOLLOWS:
Section 1. Ordinance Enactment.
Kane County Code Title 1 Chapter 12 Section 7 “Public Acknowledgment of Use of County Funds” is enacted to read as follows.
1-12-7: PUBLIC ACKNOWLEDGMENT OF USE OF COUNTY FUNDS:
A.
PURPOSE: The purpose of this policy is to provide greater public transparency by requiring public acknowledgment that county funds, and in certain circumstances the specific source of county funds, have been provided or expended to support public events, programs, public infrastructure projects, and other public purposes as set forth herein.
B.
DEFINITIONS: As used in this section 1-12-7:
1.
“County employee” means full or part time employees, department heads, elected officials, volunteers, agents, contractors, or other personnel of Kane County.
2.
“County funds” means any revenue to Kane County including:
a.
All taxes, fees, fines, state or federal appropriations, grants, donations, or other similar revenue to Kane County.
b.
Any of the funds set forth in subsection B2a that Kane County diverts or transfers to the Kane County Municipal Building Authority (Kane County MBA), the Kane County Redevelopment Agency (Kane County RDA), or the Kane County Center for Education, Business, and the Arts Interlocal Agency.
c.
Any of the funds set forth in subsection B2a that Kane County or the entities listed in subsection B2b divert or transfer to any other legal entity.
3.
“County funds” does not mean:
a.
taxes that are assessed or imposed by a local taxing entity other than Kane County that are collected by the County Treasurer or County Assessor before being distributed to the taxing entity.
b.
Fines collected by the Kane County Justice Court that are ultimately distributed to a governmental entity other than Kane County.
4.
“Event” means any organized or planned gathering or social occasion whether indoors or outdoors for the purpose of recreation, leisure, education, community engagement, or public interest.
5.
“Infrastructure project” means the pre-construction, construction, or repair of any building, road, trail, public right-of-way, public utility infrastructure such as pipes or wires for gas, power, water, sewer, telephone or internet, or other similar construction project for public purposes.
6.
“Program” means a group or set of related measures, activities, or services with a particular long-term aim or goal. Examples include the Kane County Volunteer and Events Center and the Utah State University Extension office in Kane County.
C.
SCOPE:
1.
Effective Date: The requirements of this section 1-12-7 apply beginning as follows:
a.
Beginning April 12, 2024 for any expenditure of county funds subject to a contract, county grant, or other authorizing document, as set forth in subsection E1, which is authorized or executed after April 11, 2024.
b.
Beginning July 1, 2024 for any other authorization of the use of county funds not covered by subsection C1a.
2.
Categories: The requirements of this section 1-12-7 apply when the expenditure of county fund meets one of the following:
a.
Any direct expenditure of county funds by the county through any county office or department.
b.
Any expenditure of funds by any person or entity for any public or private purpose when the expenditure is in whole or in part using county funds received through a county grant, interlocal agreement, other contract or any other means of transferring county funds to the person or entity.
c.
Any funds described in subsection C2a or C2b that are expended or further distributed by the Kane County Municipal Building Authority, the Kane County Redevelopment Agency, or the Kane County Center for Education, Business and the Arts Interlocal Agency.
3.
Exceptions: The requirements of this section 1-12-7 do not apply to the following unless it is otherwise clear from the context of this section 1-12-7 that the requirements do apply:
a.
Expenditure of county funds for a single event or project less than $1000.
b.
County employee related expenditures including salaries, benefits, travel and training expenses, employee job related equipment, events solely for county personnel and their families, or other employee related expenses.
c.
Expenditures for goods or services related to the operation and administration of government including office supplies, office equipment such as computers, printers, desks, and chairs, vehicles and vehicle maintenance, other large equipment, cleaning or other supplies, professional services such as engineering, architecture or accounting services, labor services such as cleaning, maintenance, or other contract services, and other goods or services necessary for the standard operation and administration of government.
d.
Expenditures authorized under the Kane County Program for Assistance of the Transient Homeless (PATH).
e.
Expenditures directly related to the statutory duties of the County Assessor, County Attorney, County Clerk-Auditor, County Recorder, County Sheriff, County Treasurer, County Surveyor, and County Justice Court.
f.
Expenditures related to maintenance and anticipated regular repair of county roads or any county facility.
g.
Expenditures of the Land Use Authority or Building Department.
D.
PUBLIC ACKNOWLEDGMENT:
1.
Events: If an event is supported in whole or in part by county funds, the event organizer must acknowledge that the event is supported by county funds. The acknowledgment must be included in one or more advertisements for the event and a written acknowledgment must be displayed at one or more locations during the event where is it reasonably anticipated that individuals present at the event will view the acknowledgment. If the event is supported by a known specific source of county funds, the specific source of funds must also be acknowledged. The acknowledgement whether written or oral must be substantially similar to one of the following, as the circumstances may apply:
a.
“This event is supported in part by Kane County.”
b.
“This event is provided by a donation from Kane County.”
c.
“This is a Kane County event supported by your tax dollars.”
d.
“This Fourth of July celebration is funded by Kane County through the Transient Room Tax (TRT).”
e.
“This concert is funded by the Kane County Restaurant Tax.”
2.
Infrastructure Projects: If an infrastructure project is supported in whole or in part by county funds, the project manager or other person with authority over the construction of the infrastructure project must acknowledge the project is supported by county funds. A written acknowledgment that the project is supported in whole or in part by county funds must be displayed at one or more locations at the construction site during construction in a manner that is reasonably likely to be viewed by the general public. If the infrastructure project is supported by a known specific source of county funds, the specific source of funds must also be acknowledged. The acknowledgement must be substantially similar to one of the following, as the circumstances may apply:
a.
“This project is supported in part by Kane County.”
b.
“This Kane County road improvement project is being funded by the County Option Sales and Use Tax for Highways and Public Transit.”
c.
“This public infrastructure project is being supported by Kane County Transient Room Tax (TRT) funds allowed for the purposes of mitigating the effects of tourism.”
d.
“This building is being constructed by funding from the Kane County Rural County Health Care Facilities Tax”
3.
Programs: If a program is supported in whole or in part by county funds, the program director or similar program personnel must acknowledge that the program and its related events and services are supported by county funds. The acknowledgment must be included in regular advertisements for the program and a written acknowledgment must be displayed at the locations where program services are provided. If the program is supported by a known specific source of county funds, the specific source of funds must also be acknowledged. The acknowledgement whether written or oral must be substantially similar to one of the following, as the circumstances may apply:
f.
“This program is supported in part by Kane County.”
g.
“This service is provided by a donation from Kane County.”
h.
“This is a USU Extension service supported in part by Kane County tax dollars.”
i.
“This service is funded by Kane County through the Transient Room Tax (TRT).”
4.
Permanent Structures: If a building or other permanent public facility is constructed in whole or in part using county funds, the owner of the building or facility must acknowledge the building or permanent structure is supported by county funds. A permanent written acknowledgement must be erected on the property that is reasonably likely to be viewed by the general public or users of the facility. If the construction was supported by a known specific source of county funds, the specific source of funds must also be acknowledged. The acknowledgment must be substantially similar to one of the following, as the circumstances may apply:
a.
“This building was constructed in part by a donation from Kane County.”
b.
“This Kane County facility was constructed using the Transient Room Tax (TRT).”
c.
“This visitor center was constructed using funds from the Kane County Redevelopment Agency.”
d.
“This hospital addition was constructed by funding from the Kane County Rural County Health Care Facilities Tax.”
5.
Other: Any other expenditure that meets the requirements of subsection C must acknowledge the use of county funds in a manner that is substantially similar to the requirements of subsections D1 through D3.
6.
Existing County Facilities: Notwithstanding the effective date set forth in section C1, all existing and future county facilities owned by Kane County must display a permanent acknowledgement as set forth in section D4. Any facility in Kane County not currently owned by Kane County but that was previously constructed in whole or in part with county funds is requested to display a permanent acknowledgement as set forth in section D4. Any existing structure not owned by Kane County that has a subsequent remodel, addition, or other alternation that is supported in whole or in part by County funds must come into compliance with section D4 for the entire structure.
E.
CONTRACTS AND FAILURE TO ACKNOWLEDGE:
1.
Any contract, grant or other document authorized or executed after April 11, 2024 that provides for the expenditure or transfer of county funds that falls under the requirements of this section 1-12-7, must include the applicable acknowledgment requirements of section D.
2.
Any person or entity that fails to comply with the requirements of this section 1-12-7 may be ineligible to receive additional county funds, at the discretion of the county commission.
Section 2. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective Date
This ordinance is effective fifteen (15) days after adoption, and after publication and notice are completed as set forth below.
Section 4. Publication and Notice.
This Ordinance shall be deposited in the Office of the Kane County Clerk. The Kane County Clerk is directed to publish a short summary of this Ordinance with the name of the members voting for and against, together with a statement that a complete copy of the ordinance is available at the Office of the Kane County Clerk, for at least one publication in a newspaper of general circulation in the county, or as otherwise permitted and required by Utah State Law.
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End of Ordinance.
ADOPTED this 9th day of April 2024.
____________________________
Patty Kubeja, Chair
ATTEST: Board of Commissioners
Kane County
_________________________ Commissioner Heaton voted ____
CHAMEILL LAMB Commissioner Meyeres voted ____
Kane County Clerk Commissioner Kubeja voted ____