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HomeMy WebLinkAbout82 of 1978 - A resolution authorizing Issuance and Sale of $37,000,000 Airport Revenue Bonds, Series. 1 i ROLL CALL 1 V -9 Salt Lake City,Utah, October 17 1978 \ VOTING Aye Nay I move that Supplemental Resolution No. 82 of 1978, authorizing Mr.Chairman ' Agraz i (:/,t7. the issuance and Sale of$37,000,000 Airport Revenue Bonds, Series Greener 1978, be passed. ltdErg i3Il HALL •' Phillips 7 Result • ' ' r' ' (az(-Ct( __ __ -- - ----2-'''' Commi of Pub 'c Affairs and Finance • / (SI nature)' ' -ner o OCT.17.1 ' 8 Passed by the Board of Cc m;nissioners of alt Lake City,Utal: /• 1 QQ City Recorder t�� Mayor 1i ' c -�i,1y'VL0 i-GUY",k_ a3 ea._ Gv ( , ` i.iI ti 'rJ ( 'l 93-(f aivva Y n k/ l G -2Y) 4zL-, a/ /v SALT LAKE CITY, UTAH Supplemental Resolution/Authorizing the Issuance and Sale of $37,000,000 Airport Revenue Bonds, Series 1978 Adopted October 17, 1978 TABLE OF CONTENTS ARTICLE I DEFINITIONS Section Page 101. Definitions 1 102. Authority for Series 1978 Supplemental Resolution 2 ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 1978 BONDS 201. Authorization of Bonds, Principal Amount, Designation and Series 2 202. Purpose 2 203. Issue Date 2 204. Series 1978 Bonds 2 205. Denominations, Numbers and Letters 3 206. Paying Agents 3 207. Optional Redemption and Redemption Prices 3 208. Sale of Series 1978 Bonds 4 209. Delivery of Series 1978 Bonds 4 210. Further Authority 4 ARTICLE III ESTABLISHMENT OF SERIES 1978 PROJECT ACCOUNT AND APPLICATION OF SERIES 1978 BOND PROCEEDS AND OTHER MONEYS 301. Interest During Construction 4 302. Debt Service Reserve Account 5 303. Deposit into Revenue Fund 5 304. Deposit into Renewal and Replacement Fund 5 305. Establishment of Series of 1978 Project Account 5 306. Application of Proceeds of Series 1978 Bonds 5 ARTICLE IV FORM OF SERIES 1978 BONDS 401. Form of Coupon Bonds and Coupons 5 402. Form of Registered Bonds 12 Section Page ARTICLE V APPOINTMENT OF THE TRUSTEE 501. Appointment of the Trustee 14 ARTICLE IV MISCELLANEOUS 601. Arbitrage Covenants 14 602. Effective Date 15 ii • 82 RESOLUTION NO. A RESOLUTION Authorizing The Issuance and Sale of $37,000,000 Airport Revenue Bonds, Series 1978 of Salt Lake City, Utah * * * * * * WHEREAS, on October 17, 1978, the of Board Commissioners of Salt Lake City, Salt Lake County, Utah ("City") adopted a Resolu- tion Providing for the Issuance of Airport Revenue Bonds ("Resolu- tion"); and WHEREAS, in order to obtain funds with which to acquire a project consisting of improvements and extensions to the City Air- ports, it is deemed necessary and advisable to issue a series of Airport Revenue Bonds of the City as hereinafter provided; NOW, THEREFORE, Be It Resolved by the Board of Commissioners of Salt Lake City, Salt Lake County, Utah, as follows: ARTICLE I Definitions 101. Definitions. (a) Except as provided in subparagraph (b) of this Section, all defined terms contained in the Resolution when used in this Series 1978 Supplemental Resolution shall have the same meanings as set forth in the Resolution. (b) As used in this Series 1978 Supplemental Resolution, unless the context shall otherwise require, the following terms shall have the following meanings: "Series 1978 Bonds" means the Series of Bonds of the City authorized by this Series 1978 Supplemental Resolution. "Series 1978 Project" means: (1) expansion and modifi- cation of existing Terminal Unit No. 1; (2) provision for second level loading facilities in the concourses of Terminal Unit No. 1; (3) providing a connector between Terminal Unit No. 1 and new Terminal Unit No. 2; (4) constructing an entrance roadway system to connect with Interstate 80; (5) providing storage hangars for general aviation at the City Airports; and (6) acquiring and constructing for airline use a fuel system consisting of fuel storage facilities and fuel lines under the aprons of Terminal Units No. 1 and No. 2. Any funds remaining after completion of the above items will be devoted, together with other available funds of the City, for the acquisition or construction of additional parking facilities at the City Airports. "Series 1978 Supplemental Resolution" meansthisSupple- mental Resolution of the City adopted on October 17, 1978 authorizing the Series 1978 Bonds. "Serial Bond" means any of the Series 1978 Bonds. The terms "hereby," "hereof," "hereto," "herein," "here- under," and any similar terms as used in this Series 1978 Resolution, refer to this Series 1978 Supplemental Resolution. 102. Authority for Series 1978 Supplemental Resolution. This Series 1978 Supplemental Resolution is adopted pursuant to the provision of the Act and the Resolution. ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 1978 BONDS 201. Authorization of Bonds, Principal Amount, Designation and Series. In order to provide sufficient funds to acquire the Series 1978 Project and in accordance with and subject to the terms, conditions and limitations established in the Resolution and this Series 1978 Supplemental Resolution, a series of Airport Revenue Bonds is hereby authorized to be issued in the aggregate principal amount of $37,000,000. Such Series of Bonds shall be designated "Airport Revenue Bonds, Series 1978." The Series 1978 Bonds may be issued in coupon form registrable as to principal only or in fully registered form. 202. Purpose. The purpose for which the Series 1978 Bonds are being issued is to pay the cost of the acquisition of the Series 1978 Project. 203. Issue Date. The Series 1978 Bonds shall be dated November 1, 1978. 204. Series 1978 Bonds. The Series 1978 Bonds shall mature on the dates and in the principal amounts and shall bear interest from November 1 , 1978, payable May 1, 1979, and semi-annually thereafter on May 1 and November 1 in each year at the rates shown below: November 1 Amount Interest November 1 Amount Interest of the Year Maturing Rate of the Year Maturing Rate 1982 $ 755,000 1993 $1 ,590,000 1983 810,000 1994 1,700,000 1984 865,000 1995 1,820,000 1985 925,000 1996 1,950,000 1986 990,000 1997 2,085,000 1987 1,060,000 1998 2,230,000 1988 1,135,000 1999 2,385,000 -2 • I November 1 Amount Interest November 1 Amount Interest of the Year Maturing Rate of the Year Maturing Rate 1989 1,215,000 2000 2,555,000 1990 1,300,000 2001 2,725,000 1991 1,390,000 2002 2,925,000 1992 1,485,000 2003 3,105,000 The $37,000,000 aggregate principal amount of Series 1978 Bonds maturing in the years 1982 through 2003 are hereby designated Serial Bonds. 205. Denominations, Numbers and Letters. The Series 1978 Bonds shall be issued in the denomination of $5,000 in the case of coupon Bonds, and in the denomination of $5,000, or any integral multiple thereof, not exceeding the aggregate principal amount of Series 1978 Bonds maturing in the year of maturity of the Bonds for which the denomination is to be specified, in the case of fully registered Bonds without coupons. The coupon Bonds shall be numbered from one (1) consecutively upwards in order of maturity, and the fully registered Bonds without coupons shall be numbered con- secutively from one (1) upwards with the prefix "R" preceding each number. 206. Paying Agents. Zions First National Bank, of Salt Lake City, Utah and Chemical Bank of New York, New York, are hereby appointed the Paying Agents for the Series 1978 Bonds, subject to Section 7.02 of the Resolution. Principal, interest and Redemp- tion Price on the Series 1978 Bonds shall be payable at the principal corporate trust office of Zions First National Bank, or of its successor as Paying Agent or, at the option of the holder of a coupon Bond unregistered as to principal, or coupon, entitled thereto, at the principal office of Chemical Bank, or of any successor as Paying Agent. 207. Optional Redemption and Redemption Prices. The Series 1978 Bonds are subject to redemption at the election of the City on or after November 1, 1988, in inverse order of maturities (and within each maturity as selected by the Trustee) on any interest payment date, upon notice as provided in Section 4.03 of the Resolution, and at Redemption Prices (expressed as percentages of the principal amount of such Series 1978 Bonds to be so re- be so redeemed) of 100% of the principal amount of each Series 1978 Bond to be so redeemed, plus a premium equal to (1/4th of 1%) of the principal amount of each Series 1978 Bond so called for redemption prior to maturity for each twelve-month period, or fraction thereof, remaining from the date fixed for redemption to the stated date of maturity of the Series 1978 Bond or Bonds to be redeeemed, butin no event shall the Redemption Price exceed 102-1/2% of the principal amount of any Series 1978 Bond. -3- 208. Sale of Series 1978 Bonds. 1. The Series 1978 Bonds authorized to be issued herein shall be sold to and associates at an aggregate price of $ , plus accrued interest on the Series 1978 Bonds from November 1, 1978, to the date of delivery of and payment for the Series 1978 Bonds on the terms and conditions set forth in the Bid Form dated October 17, 1978, and upon the basis of the representations therein set forth. The Mayor is hereby authorized to execute and deliver the Bid Form evidencing the acceptance thereof by the City. 2. The final Official Statement of the City in the form presented at this meeting, with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby author- ized, and the Mayor shall sign and deliver such final Official Statement to and associates for distribution to prospective purchasers of the Bonds and other inter- ested persons. 3. The Mayor and City Recorder of the City are, and each of them is, hereby authorized to do or perform all such acts and to execute all such certificates, documents and other instruments as may be necessary or advisable to comply with the Bid Form and to carry the same into effect. 209. Delivery of Series 1978 Bonds. The Series 1978 Bonds shall be delivered to the purchasers named in Section 208 hereof, upon compliance with the provisions of Section 3.02 of the Resolu- tion, at such time and place as provided in, and subject to, the provisions of the Official Notice of Bond Sale and the Bid Form referred to in Section 208 hereof. 210. Further Authority. The Mayor and City Recorder of the City are, and each of them is, hereby authorized to do or perform all such acts and to execute all such certificates, documents and other instruments as may be necessary or advisable to provide for the issuance, sale and delivery of the Series 1978 Bonds. ARTICLE III ESTABLISHMENT OF SERIES 1978 PROJECT ACCOUNT AND APPLICATION OF SERIES 1978 BOND PROCEEDS AND OTHER MONEYS 301. Interest During Construction. The amount to be deposited from the proceeds of the Series 1978 Bonds into the Construction Fund to pay interest on the Series 1978 Bonds estimated to fall due during the period of construction of the Series 1978 Project, as set forth in the Airport Consultant's Certificate estimating the cost of construction of the Series 1978 Project and the estimated date of completion thereof as required by Section 2.03(c)(1) of the Resolution, is $ -4- 302. Debt Service Reserve Account. The amount to be deposited from the proceeds of the Series 1978 Bonds into the Debt Service Reserve Account, is $ 303. Deposit into Revenue Fund. Simultaneously with the delivery of the Series 1978 Bonds, there shall be deposited into the Revenue Fund from any legally available moneys of' the City an amount not less than $ 304. Deposit into Renewal and Replacement Fund. Simul- taneously with the delivery of the Series 1978 Bonds, there shall be deposited into the Renewal and Replacement Fund from any legally available moneys of the City an amount not less than $ being the amount set forth in the Engineer's Certificate filed pursuant to the provisions of Section 203(f)(2) of the Resolution. 305. Establishment of Series 1978 Project Account. There is hereby established a Project Account in the Construction Fund designated as the "Series 1978 Project Account", moneys in which shall be used for the purposes and as authorized by Section 5.03 of the Resolution. 306. Application of Proceeds of Series 1978 Bonds. From the amount of proceeds of the Series 1978 Bonds there shall be paid to the Trustee for deposit as follows: (1) Into the Bond Service Account in the Principal and Interest Fund, the amount of interest accrued from November 1, 1978 to the date of delivery of the Series 1978 Bonds; (2) Into the Series 1978 Project Account in the Con- struction Fund, $ , representing capitalized interest; (3) Into the Debt Service Reserve Account in the Principal and Interest Fund $ (4) Into the Series 1978 Project Account in the Con- struction Fund the balance of the proceeds of' the Series 1978 Bonds. ARTICLE IV FORM OF SERIES 1978 BONDS 401. Form of Coupon Bonds and Coupons. Subject to the provisions of the Resolution, each coupon Series 1978 Bond, the coupons to be attached thereto, and the provisions for registration to be endorsed thereon, shall be, respectively, in substantially the following form, with such insertions or variations as to any redemption or amorti- zation provisions and such other insertions or omissions, endorsements and variations as may be required or permitted by the Resolution: -5- [FORM OF COUPON BOND) STATE OF UTAH COUNTY OF SALT LAKE SALT LAKE CITY AIRPORT REVENUE BOND, SERIES 1978 $5,000 No. KNOW ALL MEN BY THESE PRESENTS that Salt Lake City ("City") a duly organized and existing municipal corporation and political subdivision of the State of Utah, located in the Salt Lake County, Utah, acknowledges itself indebted and for value received hereby promises to pay, in the manner and from the source hereinafter provided, to the bearer or, if this bond be registered as herein provided, to the registered owner hereof, on the first day of November, upon presentation and surrender hereof, the principal sum of Five Thousand Dollars ($5,000), and to pay interest on such principal sum from the date hereof until the City's obligation with respect to the payment of such principal sum shall be discharged as provided in the Bond Resolution hereinafter mentioned, at the rate of per cent ( %) per annum, payable on May 1, 1979, and thereafter in each year on the first days of May and November, but only in the case of interest due at or before maturity of this bond, according to the tenor of the respective coupons annexed hereto and upon presentation and surrender of said coupons as they severally become due. This bond, as to princi- pal, interest and redemption price when due, will be payable at the principal corporate trust office of Zions First National Bank, in Salt Lake City, Utah, a paying agent of the City, or its successor as such paying agent, or, at the option of the holder of this bond or coupon entitled thereto, at the principal office of Chemical Bank in New York, New York, a paying agent, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This bond is a special obligation of the Board and is one of the Airport Revenue Bonds of the City ("Bonds") issued under and by virtue of the Utah Municipal Bond Act, Chapter 14 of' Title 11, Utah Code Annotated, 1953, as amended ("Act") and under and pursuant to the Resolution Providing For the Issuance of Airport Revenue Bonds of the City adopted on October 17, 1978 ("Resolution") as the the same from time to time may be amended or supplemented by further resolutions of the City, including the Supplemental Resolution authorizing the issuance of this Series of Bonds (such Resolution and Supplemental Resolution and any and all such further resolutions being herein collectively called the "Bond Resolu- tion"), for the purpose of paying the costs of' acquiring a Project consisting of improvements and extensions to the City Airports of the City, together with all necessary appurtenant facililties. -6- The City is obligated to pay principal, redemption price of, and interest on this Bond solely from the revenues and other funds of the City pledged therefor under the terms of the Bond Resolution. This bond is not a debt of the City within the meaning of any Constitutional or statutory limitations of indebtedness. As provided in the Resolution, Bonds may be issued from time to time in one or more series in various principal amounts, may mature at different times, may bear interest at different rates, and may otherwise vary as provided in the Resolution, and the aggregate principal amount of Bonds which may be issued is not limited. All Bonds issued and to be issued under the Resolution are and will be equally and ratably secured by the pledge and covenants made therein, except as otherwise expressly provided or permitted in or pursuant to the Resolution. This Bond is one of a Series of Bonds designated as "Airport Revenue Bonds, Series 1978" (herein called the "Series 1978 Bonds"), limited to the aggregate principal amount of $37,000,000, dated November 1, 1978, and duly issued under and by virtue of the Act and under and pursuant to the Bond Resolution. Copies of the Bond Resolution are on file at the office of the City in Salt Lake City, Utah, and at the principal corporate trust office of Zions First National Bank, in Salt Lake City, Utah, as trustee under the Resolution (said trustee and any successors thereto under the Resolution being herein called the "Trustee"), and reference to the Bond Resolution and to the Act is made for a description of the pledge and covenants securing the Bonds, the nature, manner and extent of enforcement of such pledge and covenants, the terms and conditions upon which the Bonds are issued and additional Bonds may be issued thereunder, and a statement of the rights, duties, immunities and obligations of the City and of the Trustee. Such pledge and other obligations of the City under the Bond Resolution may be discharged at or prior to the maturity or redemption of the Bonds upon the making of provision for the payment thereof on the terms and conditions set forth in the Bond Resolution. To the extent and in the respects permitted by the Resolution, the Bond Resolution may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Resolution. The holder or owner of this Bond shall have no right to enforce the provisions of the Bond Resolution or to institute action to enforce the pledge or covenants made therein or to take any action with respect to an event of default under the Bond Resolution or to institute, appear in, or defend any suit or other proceeding with respect thereto, except as provided in the Bond Resolution. This Bond is transferable by delivery, unless registered as to principal other than to bearer. It may be registered as to principal in the name of the bearer on the books of the City kept for that purpose at the principal corporate trust office of the Trustee, such registration to be noted hereon, after which no transfer hereof -7- I • shall be valid unless made on said books by the registered owner hereof in person or by his attorney duly authorized in writing, and similarly noted hereon; but this Bond may be discharged from registration by being in like manner registered to bearer, after which it shall again become transferable by delivery. This Bond may again from time to time, be registered or discharged from regis- tration in the same manner. Such registration as to principal, however, shall not affect the negotiablility by delivery of the coupons appertaining hereto, which shall continue to pass by delivery merely and shall remain payable to bearer. The City, the Trustee and any paying agent of the City may treat and consider the bearer of this Bond or, if it be registered as to principal as herein provided, the person in whose name it is registered, as the holder and absolute owner of this Bond for the purpose of receiving payment of, or on account of, the principal or redemption price hereof and coupon appertaining hereto as the holder and absolute owner thereof for the purpose of receiving payment thereof and for all other purposes whatsoever. The Bonds are issuable in the form of coupon Bonds in the denomination of $5,000, and in the form of registered Bonds without coupons in the denomination of $5,000 or any integral multiple of $5,000. Coupon Bonds, upon surrender thereof at the principal corporate trust office of the Trustee, with all unmatured coupons and all matured coupons for which no payment or only partial payment has been provided attached, may, at the option of the bearer thereof, be exchanged for an equal aggregate principal amount of'registered Bonds of the same series, designation, maturity and interest rate of any of the authorized denominations, in the manner, subject to the conditions and upon the payment of the charges provided in the Bond Resolution. In like manner, subject to such conditions and upon the payment of such charges, registered Bonds may, upon surrender thereof at said principal corporate trust office with a written instrument of transfer satisfactory to the Trustee duly executed by the registered owner thereof, be exchanged for an equal aggregate principal amount either of coupon Bonds of the same series, designation, maturity and interest rate with appropriate coupons attached or of registered Bonds of the same series, designation, maturity and interest rate of any of the authorized denominations. The Series 1978 Bonds are subject to redemption at the election of the City on or after November 1 , 1988, in inverse order of maturities on any interest payment date, upon notice given as hereinafter set forth, at a redemption price equal to the princi- pal amount of each Series 1978 Bond or portion thereof to be re- deemed plus, redemption premiums (expressed as a percentage of such principal amount) of 1/4th of 1% of the principal amount of each Series 1978 Bond so called for redemption prior to maturity for each twelve-month period, or fraction thereof, remaining from the date fixed for redemption to the stated date of maturity of the Series 1978 Bond or Bonds to be redeemed, but in no event shall the redemption price exceed 102-1/2% of the principal amount of any Series 1978 Bond. -8- • If less than all of the Series 1978 Bonds are to be redeemed, the particular Bonds to be redeemed shall be selected as provided in the Bond Resolution. Notice of redemption shall be given by the Trustee by publica- tion at least once prior to the redemption date in a financial newspaper or journal of general circulation in New York, New York, and in the same or a similar financial newspaper or journal of general circulation in San Francisco, California, and in the same or a similar financial newspaper or journal of general cir- culation in Chicago, Illinois, each such publication to be not less than thirty nor more than forty-five days before such redemp- tion date and shall be sent by registered mail to the member whose name appears first in the underwriting syndicate purchasing the Series of Bonds from which any Bonds are to be redeemed. If any Bond called for redemption is registered as to principal or is fully registered, notice of redemption thereof shall also be mailed, not less than thirty nor more than forty-five days prior to the redemption date, to the registered owner of such Bond, but neither failure to mail such notice nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of any of the Bonds. If at the time of giving notice of redemption no Bonds are outstanding except Bonds regis- tered as to principal or fully registered Bonds, publication of such notice shall be deemed to have been waived if such notice shall have been mailed to each registered owner of such Bonds at his address as it appears on the bond registration books of the Trustee, or at such address as he may have filed with the Trustee for that purpose, or otherwise as provided in the Bond Resolution, all in the manner and upon the terms and conditions set forth in the Bond Resolution. If notice of redemption shall have been given as aforesaid, the Bonds or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for the payment of' the redemption price of'all the Bonds to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such Bonds shall cease to accrue and become payable and the coupons for interest appertaining thereto maturing subse- quent to the redemption date shall be void. Less than all of a registered Bond without coupons in a denomin- ation in excess of $5,000 may be so redeemed, and in such case, upon the surrender of'such Bond, there shall be issued to the reg- istered owner thereof, without charge therefor, for the unredeemed balance of the principal amount of such Bond, at the option of such owner, either coupon Bonds or registered Bonds of like series, designation, maturity and interest rate in any of the authorized denominations, all as more fully set forth in the Bond Resolution. -9- • It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Utah or by the Act or the Bond Resolution to exist, to have happened or to have been performed precedent to or in the issuance of this bond exist, have happened and have been performed and that the issue of the Series 1978 Bonds, together with all other indebtedness of the City, is within every debt and other limit prescribed by said Constitution and statutues. Neither this bond nor any of the attached coupons shall be valid until the Certificate of Authentication hereon shall have been signed by the Trustee. IN WITNESS WHEREOF, SALT LAKE CITY, SALT LAKE COUNTY, UTAH, has caused this bond to be signed in its name and on its behalf by the facsimile signature of its Mayor, and a facsimile of its corporate seal to be imprinted hereon and attested by the manual signature of its City Recorder and coupons for interest, bearing and authenti- cated by the facsimile signature of its Mayor and City Recorder to be hereunto attached, all as of the 1st day of November, 1978. SALT LAKE CITY, UTAH (FACSIMILE SEAL) By (Facsimile Signature) Mayor ATTEST: City Recorder [FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION] This bond is one of the Bonds described in the within mentioned Bond Resolution and is one of the Airport Revenue Bonds, Series 1978, of Salt Lake City, Utah. ZIONS FIRST NATIONAL BANK, Trustee By Authorized Officer -10- [FORM OF PROVISIONS FOR REGISTRATION] Notice: No Writing Below Except By the Trustee: Signature of Date of Name of Authorized Officer Registration Registered Owner of Trustee [FORM OF COUPON] No. $ On the day of , (unless the bond hereinafter mentioned shall have been duly called for previous redemption and payment of the redemption price made or duly provided for) Salt Lake City, Salt Lake County, Utah will pay to bearer at the principal corporate trust office of Zions First National Bank, in Salt Lake City, Utah, a paying agent of the City, or of its successor as such paying agent, or, at the option of the holder, at the principal office of Chemical Bank in New York, New York, a paying agent of the City, or of any successor paying agent, upon surrender of this coupon, the amount specified hereon in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, being the interest then due on its Airport Revenue Bond, Series 1978, No. (Facsimile Signature) Mayor Attest: (Facsimile Signature) City Recorder _11_ 402. Form of Registered Bonds. Subject to the provisions of the Bond Resolution, each registered Series 1978 Bond shall be identical with the form of coupon Series 1978 Bonds, except that the first, seventh, fifteenth and sixteenth paragraphs and the form of interest coupon of the form of coupon Bond shall be omitted, and there shall be substituted in the form of the registered Bond in lieu of the corresponding paragraphs of the coupon Bond the following paragraphs, with such insertions or variations as to any redemption or amortization provisions and such other insertions or omissions, endorsements and variations as may be required or permitted by the Bond Resolution: [the following paragraph to be inserted to replace the first paragraph of the coupon Bond form] [FORM OF REGISTERED BOND] $ No. R- KNOW ALL MEN BY THESE PRESENTS that Salt Lake City ("City") a duly organized and existing municipal corporation and political subdivision of the State of Utah, located in Salt Lake County, Utah, acknowledges itself indebted and for value received hereby promises to pay, in the manner and from the source hereinafter provided, to , or registered assigns, on the day of , , upon presentation and surrender hereof, the principal sum of Dollars ($ ), and to pay to the registered owner hereof interest on such principal sum from the date hereof until theCity's obligation with respect to the payment of such principal sum shall be discharged as provided in the Bond Resolution herein- after mentioned, at the rate of per cent ( %) per annum, payable on May 1, 1979 and thereafter in each year on the first days of May and November. This Bond, as to principal, interest and redemption price when due, will be payable at the principal corporate trust office of Zions First National Bank, in Salt Lake City, Utah, a paying agent of the Board, or its successor as such paying agent, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts; provided, however, payment of the semiannual interest hereon shall be made to the registered owner hereof and shall be paid by check or draft mailed to such registered owner at his address as it appears on the Registration Books of the Bond Registrar. [the following paragraph to be inserted to replace the seventh paragraph of the Coupon Bond form] -12- This bond is transferable, as provided in the Bond Resolution, only upon the books of the City kept for that purpose at the principal corporate trust office of the Trustee, by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Trustee, duly executed by the registered owner or such duly authorized attorney, and thereupon the City shall issue in the name of the transferee a new registered Bond or Bonds or, at the option of the transferee, a coupon Bond or Bonds with appropriate coupons attached, of the same aggregate principal amount and series, designation, maturity and interest rate as the surrendered bond all, as provided in the Bond Resolution and upon the payment of the charges therein prescribed. The City, the Trustee and any paying agent of the City may treat and consider the person in whose name this bond is registered as the holder and absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or redemption price hereof and interest due hereon and for all other purposes whatsoever. [the following two paragraphs to be inserted to replace the fifteenth and sixteenth paragraphs of the coupon Bond form] This bond shall not be valid until the Certificate of Authenti- cation hereon shall have been signed by the Trustee. IN WITNESS WHEREOF, SALT LAKE CITY, SALT LAKE COUNTY, UTAH, has caused this bond to be signed in its name and on its behalf by the facsimile signature of its Mayor, and its facsimile corporate seal to be affixed hereto or imprinted hereon and attested by the manual signature of its City Recorder all as of the first day of November, 1978. SALT LAKE CITY ATTEST: By (Facsimile Signature) Mayor City Recorder -13- [FORM OF ASSIGNMENT] FOR VALUE RECEIVED the undersigned sells, assigns and trans- fers unto the within bond of SALT LAKE CITY and hereby irrevocably constitutes and appoints attorney to transfer the said bond on the books kept for registration thereof, with full power of substitution in the premises. Dated Witness: ARTICLE V APPOINTMENT OF THE TRUSTEE 501. Appointment of the Trustee. (a) For the benefit and protection of the Bonds and the holders of the Bonds and coupons from time to time, Zions First National Bank, a bank having the powers of a trust company, doing business and having its principal corporate trust office in Salt Lake City, Utah, is hereby appointed as Trustee. The Trustee shall signify acceptance of the duties and obligations imposed upon it by the Resolution by executing and delivering to the Board a written acceptance thereof prior to the delivery of the Series 1978 Bonds. (b) The Trustee shall, by written agreement approved by the Board, designate the principal corporate trust office of the Trustee as the registry for the Bonds. ARTICLE VI MISCELLANEOUS 601. Arbitrage Covenant. The Mayor, City Treasurer and Director of Airports are hereby authorized and directed to execute such certificates as shall be necessary to establish that the Series 1978 Bonds are not "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations promulgated or proposed thereunder. The City covenants and certifies to and for the benefit of the purchasers of the Series 1978 Bonds that no use will be made of the proceeds of the issue and sale of the Series 1978 Bonds, or any funds or accounts -14- of the City which may be deemed to be available proceeds of the Series 1978 Bonds, pursuant to Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, and applicable regulations (proposed or promulgated) under which, if such use had been reasonably expected on the date of issuance of the Series 1978 Bonds, would have caused the Series 1978 Bonds to be classified as "arbitrage bonds" within the meaning of Section 103 of the Internal Revenue Code of 1954, as amended. Pursuant to this covenant, the City obligates itself to comply throughout the term of the issue of the Series 1978 Bonds with the requirement of Section 103 of the Internal Revenue Code of 1954, as amended, and the regulations proposed or promulgated thereunder. 602. Effective Date. This Series 1978 Supplemental Reso- lution shall take effect immediately. ADOPTED AND APPROVED this 17th day of October, 1978. Mayor ATTEST: City Recorder -15- I, Wad/al (�,‘It, b.r...�y City Recorder of Salt Lake City, Utah, HEREBY CERTIFY t t the foregoing resolution entitled "Supplemental Resolution Authorizing the Issuance and Sale of $37,000,000 Airport Revenue Bonds, Series 1978" was duly adopted by the Board of Commissioners of Salt Lake City on October 17, 1978 and became effective as of said date, that said resolution has been compared by me with the original thereof, recorded in the minute book of the City and that it is a correct transcript of the whole thereof, and that said resolution has not been altered, amended or repealed but is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my ha d and affixed the seal of said City this /7 - day of (5,). , 11146lrh/i& �vllw l City Recor r (SEAL) -16- SUPPLEMENTAL RESOLUTION 82 .• — -� Authorizing issuance & sale of $37,000,000 Airport Revenu Bonds J I Presented to Commissioners AND PASSED OCT 17 1978 ?Oita' /' sir ROC