SALT LAKE CITY — Several elected officials opposed to Salt Lake County's $58 million sales tax hike for transportation projects aren't letting the tax go into effect without a fight.

A handful of council members from Sandy, Riverton, Herriman, West Jordan and Copperton filed a complaint late Friday night with the Salt Lake County Clerk's Office, alleging the tax hike didn't technically get the support it needed in order for it to be enacted under the county's ordinance.

Their argument: The Sandy City Councils didn't pass a resolution in support of the tax, but only voted to send a letter of support.

"They approved that motion 4 to 3, but according to the Utah State code governing municipal procedure, that does not constitute a resolution," states the complaint, obtained by KSL Saturday.

Signatories of the complaint include Sandy City Councilwoman Maren Barker — who was the loudest critic against the tax hike when her City Council voted last week — as well as Copperton Township Council Vice Chairman Apollo Pazell, West Jordan City Councilman Zach Jacob, Riverton City Councilwoman Tawnee McCay, and Herriman council members Sherrie Ohrn and Jared Henderson.

"We may be trying to stop this on a technicality," Pazell said Saturday. "What wasn't a technicality is the fact that voters voted 'no' to this tax in 2015."

The 0.25 percent tax hike, which was on the ballot three years ago as Proposition 1 but failed 51 percent to 49 percent, would raise taxes by an additional penny for every $4 spent beginning in October.

Thanks to SB136, the sweeping transportation bill passed by the Utah Legislature this year, counties were given the power to resurrect the tax. In April, the Salt Lake County Council approved an ordinance allowing the tax to automatically take effect if enough cities or towns representing 67 percent of the county's 1.1 million residents adopted resolutions in support of the tax before June 22.

Last week, Sandy and Draper joined more than a dozen other cities or townships that signaled support of the tax hike, surpassing the 67 percent requirement.

But Jacob hopes the group's complaint will block the tax hike, even if it is on a "technicality."

"The voters already said 'no' to it," he said. "If it's a technicality that does it, then OK."

But it's not clear whether the complaint will have any impact on the tax hike.

County Council Chairwoman Aimee Winder Newton wrote in an email to Pazell that "I believe county attorneys have already looked at this and decided that the Sandy letter counts toward the total since the Sandy City Council's intent was clear," but she also copied the county council's attorney on the email so he "can let us know the status on Monday," according to the email provided to the Deseret News by Pazell.

Pazell said that while stopping the tax is the group's hope, "we're not under any delusion this is an easy task," so he said he has contacted several attorneys who are looking into the potential of taking legal action by requesting an injunction in court in the event Friday's complaint isn't enough to stop the tax hike.

Related:

Salt Lake County approves ordinance to enact $58M sales tax hike if enough cities signal support

Under a new ordinance the Salt Lake County Council passed, the once-failed $58 million sales tax hike that voters rejected in 2015 will come back from the dead if enough city leaders signal support.

"We feel this is our responsibility to make sure the public is aware of this and it's as difficult as possible," Pazell said. "They need to know their representatives are not taking their votes lightly."

Newton, reached Saturday, referred further comment to the Salt Lake County District Attorney's Office because Pazell has threatened legal action.

Salt Lake County District Attorney spokeswoman Darcy Goddard said attorneys in her office had just learned of the complaint Saturday.

"We will review it and advise the county in due course," Goddard said.

Related topics