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HomeMy WebLinkAbout42 of 1976 - A resolution authorizing the issuance of $6,000,000 Salt Lake City, Utah Tax Anticipation Bonds, dat • . Resolution No. 42 Ij By Jennings Phillips, jr. '.� COMMISSIONER j I I i Authorizing the issuance of $6,000,00 ''.00 Salt Lake City, Utah Tax Anticipation, Bonds, dated July 1, 1976 1 I I,1• Presented to the goad of Commissional (j 1 i AND PASSED I JUN 2 4 1976 I I;i i i PletWerele*A4K4 i err moor I i I 1 I Yi II I I 1.1 i !' I I• I • i , i� Nati kit, 1,76 iionotakiligjavaine Pheips. Ix. Corn=4sioner i't*tia Atlas* W%i V inane* 211 City MILI County NA ling Salt Lain City, Mai" car Coscartissionex Virsinipe: The roaca of City Contsnissioniral at its roosting today, passo.i P**Aution No, 43 of 1976, authorising the sal* of ti,000.0110 Tex Anticipation Bonds, dotal Jody 1, itYti. Yours tinily, * • r • ketioe.1 City aocovior " CCt Mayor Wilson Commissioner Aran Canundosionot Omani Contatiosiono* nosomoes TVOSUClit Au,iitun Attorney ROLL CALL VOTING Aye Nay • Mr.Chairman Agraz Greener Hogensen Salt Lake City, Utah Phillips i June 24 , 1976 Result The Board of Commissioners of Salt Lake City, Salt Lake County, Utah, met in regular public session at its regular meeting place in Room 301, in the City and County Building in Salt Lake City, Utah, at 10:00 o'clock A .M., on June 24 , 1976, with the following members present: Ted L. Wilson, Mayor Jess A. Agraz, Commissioner Glen N. Greener, Commissioner Herman J. Hogensen, Commissioner Jennings Phillips, Jr., Commissioner There were absent: NONE There was also present Mildred V. Higham, City Recorder. After the meeting had been duly called to order and the roll called with the above results, and after the conduct of other business, the Mayor announced that one of the purposes of the meeting was to adopt a resolution authorizing and confirming the sale of $5,000,000 Tax Anticipation Bonds, dated July 1, 1976, of Salt Lake City. Thereupon the following resolution was introduced in written form by Ted L. Wilson, Mayo was read in full, and pursuant to motion made by Jennings Phillips, JJnd seconded by Jess A. Agraz , was adopted by the following vote: Aye: Ted L. Wilson, Mayor Jess A. Agraz, Cothmissioner - Glen N. Greener, Commissioner j Herman J. Hogensen, Commissioner Jennings Phillips, Jr., Commissioner Nay: None. 1fIrkt% The resolution was then signed by the Mayor in open meeting and recorded by the City Recorder. The resolution is as follows: RESOLUTION WHEREAS a report has been made by the Treasurer of Salt Lake City that it is necessary to raise the sum of Six Million Dollars ($6,000,000) for the purpose of meeting the current and necessary expenses of the city and for any other general corporate purpose for which funds of the city may be legally expended, during the Fiscal Year beginning July 1, 1976, until the taxes for that fiscal year are collected, and that such sum can be raised without incurring any indebtedness or liability in excess of the taxes and other revenues of the Fiscal Year beginning July 1, 1976, or exceeding any limit of debt imposed by the Constitution and Statutes of the State of Utah; and WHEREAS on June 10, 1976, the following bids were received by the Board of Commissioners of Salt Lake City for the purchase of $6,000,000 Tax Anticipation Bonds of Salt Lake City to be dated July 1, 1976: NAME OF BIDDER INTEREST RATE PREMIUM NET EFFECTIVE RATE Zions First National Bank and Associates 3.68% $ 86 3.678% The Continental Bank and Trust Company and Associates 4.08% $250 4.075% Commercial Security Bank 3.69% $169 3.687% Walker Bank & Trust Company and Associates 3.78% None 3.78% First Security Bank of Utah, N.A. 3.74% $ 31 3.739% WHEREAS it has been determined to confirm the sale of said Tax Anticipation Bonds at this time and the bid of Zions First National Bank of Salt Lake City, and associates, for the purchase of such Tax -2- Anticipation Bonds is the highest and best offer received, which offer proposed to purchase said Tax Anticipation Bonds, bearing interest at 3.68% per annum, at the price of par and accrued interest to the date of delivery plus a premium of $86; NOW, THEREFORE, Be It Resolved by the Board of Commissioners of Salt Lake City, Salt Lake County, State of Utah: Section 1. That it is hereby found and declared after due investigation of the best offer possible to be made for the purchase thereof, Zions First National Bank of Salt Lake City, Utah, and associates, has agreed to submit and has submitted its offer to purchase $6,000,000 Tax Anticipation Bonds of Salt Lake City, Utah, herein authorized, at par and accrued interest to the date of delivery, plus a premium of $86, bearing interest at the rate of 3.68% per annum, that said offer to purchase said Tax Anticipation Bonds is the highest, best and most advantageous offer received and, in the opinion of the board, the most advantageous offer that might be received there- for, and that said offer being satisfactory to the board is hereby accepted. The board agrees to furnish all necessary documents and information requested by bond counsel and also agrees that the proceeds of the Tax Anticipation Bonds shall not be invested in such a manner as to create an unlawful arbitrage. Section 2. That there shall be issued by Salt Lake City, Utah, Tax Anticipation Bonds in the amount of $6,000,000 for the purpose of meeting the current and necessary expenses of the city and for any other general corporate purpose for which funds of the city may be legally expended. Said bonds shall be known as "Tax Anticipation Bonds", shall be numbered 1 to 145, inclusive, dated July 1, 1976, shall bear interest at the rate of 3.68% per annum from their date until paid, payable at maturity, shall fall due as to principal on June 30, 1977, and shall be numbered and be in denominations as follows: -3- BOND NUMBERS DENOMINATION AMOUNT 1 to 20 $ 5,000 $100,000 21 to 60 10,000 400,000 61 to 80 25,000 500,000 81 to 110 50,000 1,500,000 111 to 145 100,000 3,500,000 Both principal of and interest on said Tax Anticipation Bonds shall be payable in lawful money of the United States of America at Chemical Bank, in New York, New York. Said Tax Anticipation Bonds shall be signed by the Mayor, attested by the City Recorder and countersigned by the City Treasurer and shall have the corporate seal of the city affixed. • Section 3. That said Tax Anticipation Bonds, and the endorsement to appear on the back thereof, shall be in substantially the following form: -4- UNITED STATES OF AMERICA STATE OF UTAH COUNTY OF SALE LAKE SALT LAKE CITY No. $ TAX ANTICIPATION BOND KNOW ALL MEN BY THESE PRESENTS: That Salt Lake City, Salt Lake County, State of Utah, hereby acknowledges itself to be indebted, and for value received hereby promises to pay to the bearer hereof, the sum of THOUSAND DOLLARS ($ ,000) in lawful money of the United States of America, on the 30th day of June, 1977, at Chemical Bank, New York, New York, with interest thereon at the rate of three and sixty-eight hundredths per cent (3.68%) per annum from date until paid, payable at maturity. This bond is one of an issue of one hundred forty-five (145) bonds of like tenor and date numbered from one (1) to one hundred forty-five (145), inclusive, issued under and pursuant to Section 10-8-6, Utah Code Annotated, 1953. It is hereby covenanted, certified, recited and declared that this bond is given in anticipation of the collection of taxes to be levied for the current fiscal year beginning July 1, 1976, in evidence of money borrowed to meet the current and necessary expenses of the city and for any other general corporate purpose for which funds of the city may be legally expended during said current fiscal year, until payment of the taxes for such year, that the board of commissioners shall levy, impose and collect in the year 1976 on all taxable property within said city a sufficient tax, within the limit provided by law, to pay principal of and interest on this bond as same falls due and, together with other budgeted revenues to be received during such fiscal year, sufficient to pay all budgeted expenses of said Salt Lake City for such fiscal year, and that a sufficient fund has been appropriated for the payment of the principal of and interest on this bond as the same shall fall due. This bond is issued in anticipation of the payment of such taxes for the year 1976. It is hereby further certified, recited, and declared that the entire indebtedness incurred by said Salt Lake City for this current fiscal year, including this and other bonds, is not in excess of the taxes and other revenues to be levied and collected by Salt Lake City for the current fiscal year, beginning July 1, 1976, and that said indebtedness was and is contracted for the purposes for which said taxes are to be levied. It is further certified, recited and declared that all acts, conditions and things essential to the validity of this bond exist, have happened and have been done, and that every requirement of law affecting the issue thereof has been duly complied with, and that this bond is within every debt and other limit prescribed by the Constitution and Laws of said State. The full faith, credit, resources -5- and all taxable property within the limits of said Salt Lake City are hereby irrevocably pledged to the levy of taxes for the fiscal year in which this bond is issued and for the collection and proper allocation of such taxes and other revenues provided for such fiscal year to the prompt payment of principal and interest on this bond and the issue of which it is one, according to its terms. IN WITNESS WHEREOF, Salt Lake City has executed this bond by causing it to be signed by its Mayor, attested by its City Recorder and countersigned by its City Treasurer, and the corporate seal of the city to be affixed hereto as of the first day of July, 1976. Mayor Attest: City Recorder Countersigned: City Treasurer [SEAL] There shall be endorsed on each of said Tax Anticipation Bonds a certificate reading as follows, to-wit: "AUDITOR'S CERTIFICATE I hereby certify that the within bond is issued in accordance with law and is within the debt limit of Salt Lake City, Salt Lake County, Utah, permitted by the Constitution and Laws of the State of Utah. City Auditor, Salt Lake City, Utah" -6- Section 4. That the proceeds derived from the sale of the Tax Anticipation Bonds shall be used solely for the purpose of meeting the current and necessary expenses of the city and for any other general corporate purpose for which funds of the city may be legally expended, during the Fiscal Year beginning July 1, 1976, but the holders of the Tax Anticipation Bonds shall be in no wise responsible for the application of the proceeds thereof by said city or any of its officers. Section 5. That there shall be included in the annual tax levy for the year 1976 for Salt Lake City a tax which, together with all other revenues of the city other than taxes, shall be sufficient to pay when due the principal of and interest on the Tax Anticipation Bonds herein authorized. Section 6. That there be and is hereby appropriated from the first collection of taxes for the current year a sufficient fund to pay the principal and interest on said Tax Anticipation Bonds as the same shall fall due. Section 7. That the offer of Zions First National Bank and associates be, and the same is hereby accepted; that the Mayor, City recorder, City Treasurer and City Auditor be, and they are hereby authorized and directed to sign, execute, deliver and issue said Tax Anticipation Bonds to Zions First National Bank and associates, upon receipt of the purchase price therefor, and the City Recorder is hereby authorized and directed to affix the seal of said city thereto. Section 8. That the proceeds derived from the sale of said Tax Anticipation Bonds shall not be used in any way so as to render said Tax Anticipation Bonds "arbitrage bonds" under Section 103(d) of the Internal Revenue Code and regulations issued or promulgated thereunder. -7- • t Section 9. That all resolutions and orders or parts there- of in conflict with the provisions hereof are hereby repealed. Section 10. That this resolution shall become effective immediately upon its adoption. PASSED AND APPROVED by the Board of Commissioners of Salt Lake City, Salt Lake County, Utah, this 24th day of June, 1976. -4_); Ma Attest: / /J City Recorder (Other business not pertinent to the above appears in the minutes of the meeting.) Upon motion duly made and carried, the meeting was adjourned. /1( Mayor Attest: AirwC City Recorder -8- STATE OF UTAH COUNTY OF SALT LAKE ) I, Mildred V. Higham, the duly qualified and acting City Recorder of Salt Lake City, Utah, do hereby certify, according to the records of said city in my official possession, that the above and foregoing constitutes a true and correct copy of excerpts from the minutes of the meeting of the Board of Commissioners of Salt Lake City, Utah, held on June 24, 1976, including a resolution adopted at said meeting, as said minutes and resolution are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the corporate seal of said city, this 24th day of June , 1976. City Recorder /�ltivvL-) (SEAL) PHH:er 6-18-76 -9-