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11/21/1989 - Minutes PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI UTAH TUESDAY, NOVEMBER 21, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, November 21, 1989, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Council Chair Stoler presided at the meeting. Cindy Gust-Jenson, Council unless Council Members were to Executive Director, reviewed the unanimously approve the change. evening' s agenda, noting the following: Staff members from the Councilmember Hardman in- airport and financial advisor Judy quired about past swearing-in McBride would be present to pro- ceremonies of new members being vide information regarding items held in the evening. Ms. Gust- E-1 and F-3; item F-1 had been Jenson indicated that it would be pulled since bond counsel indicat- possible to get an interpretation ed they were not ready to proceed as to whether or not the ceremony with the bond documents at this could be moved to later in the day time; Allen Johnson and Brent in order to accommodate Council ' s Wilde from the planning office schedule. Council Chairman Stoler would be present to provide brief- asked if the members-elect were ing information on item F-3; and able to attend at noon and Ms. members of the finance department Gust-Jenson indicated they were staff would be present to answer aware of the time and could at- questions regarding item G-1. tend. Lee King, Council Staff, Councilmember Kirk asked for presented a staff recommendation clarification on the staff recom- on library grant requests and mendation regarding the budget indicated that the library had opening. requested letters of support from the Council in making application Councilmember Horrocks ex- for matching federal grants. pressed concerns regarding the Samples of letters had been sup- current crime rate and specifical- plied. Mr. King clarified that ly mentioned gang, drug and pros- this request did not require any titution activity. He said he budget action from the Council would be meeting with Police Chief since the request was to access Chabries and the Mayor on Wednes- capital improvement slippage and day morning to look at some possi- this process would actually create ble options. Previously, money savings. from the Police Department budget had been used to fund special In regard to the memo dis- enforcement in this area but that tributed listing the proposed money had been depleted. changes to the January meeting Councilmember Horrocks expressed schedule, an objection had been concern about this issue and made to the change. Therefore, wanted to address it before it the regular schedule would stand reached epidemic proportions. He 89-316 PROCIINGS OF THE CITY COUNCIL OF SALT LAKE CII, UTAH TUESDAY, NOVEMBER 21, 1989 also indicated he would like the City to look at the jailing proce- dures. City Attorney Roger Cutler advised that a meeting had been held last week with the Sheriff for this purpose. Mr. Cutler reviewed some corrections in the language of the parties, gatherings and events ordinance, explaining that the revisions would leave the broad interpretation that was desired regarding the definition of "host" . The briefing session was concluded in preparation for the regular Council meeting. 89-317 PROCERINGS OF THE CITY COUNCIL OF SALT LAKE CI , UTAH TUESDAY, NOVEMBER 21, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 21, 1989, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Florence Bittner Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Willie Stoler Sydney Fonnesbeck Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and LaNita Brown, Deputy Recorder, were present. Council Chair Stoler presided at the meeting and Councilmember Fonnesbeck conducted the meeting. OPENING CEREMONIES tion of the City' s Parley's Water Treatment Plant. #1. The invocation was given (C 89-153) by Jean Debacker, Assistant Pastor of the Unification Church. #2. RE: Adopting Resolution 124 of 1989 authorizing the #2. The Council led the execution of an interlocal cooper- Pledge of Allegiance. ation agreement between Salt Lake City Corporation and the Utah #3. Councilmember Godfrey Department of Transportation moved and Councilmember Kirk allowing the installation of seconded to approve the minutes of Watermain Extension #35-4371 at the Salt Lake City Council for the 675 West 600 South. regular meetings held Tuesday, (C 89-626) November 14, 1989, and Thursday, November 16, 1989, which motion #3. RE: Approving the carried, all members voted aye. appointment of Eugene W. Chapman (M 89-1) to the Civil Service Commission. (I 89-22) CONSENT AGENDA NEW COUNCIL BUSINESS Councilmember Godfrey moved and Councilmember Hardman second- #1. Re: Salt Lake City, Salt ed to approve the consent agenda, Lake County, Utah, Airport Revenue which motion carried, all members Bonds, Series 1990. voted aye. ACTION: Councilmember Kirk #1. RE: Adopting Resolution moved and Councilmember Horrocks 125 of 1989 amending an interlocal seconded to adopt Resolution 123 cooperation agreement between Salt of 1989, a resolution of intention Lake City Corporation and the authorizing the issuance of bonds Metropolitan Water District in- by Salt Lake City, Salt Lake creasing engineering fees to County, Utah, to finance certain design the expansion and modifica- airport and related facilities to be located at the Salt Lake Inter- national Airport, and related 89-318 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, NOVEMBER 21, 1989 matters, which motion carried, all Kirk voted aye and Councilmembers members voted aye. Bittner, Horrocks, Hardman and Stoler voted nay. DISCUSSION: Richard Scott, Chapman and Cutler, bond counsel, DISCUSSION: Merrill Nelson, said the airport was planning to building and housing, said this issue bonds to finance improve- ordinance had been presented to ments. He said the details of the SLACC on October llth. On Novem- improvements to be financed hadn't ber 16th at the Council briefing been determined and the resolution session, Mr. Nelson said he re- before the Council was a resolu- viewed the SLACC recommendation, tion of intention which was re- which was to not change the quired to satisfy the federal ordinance. internal revenue code of 1986. He said the resolution described all Mr. Nelson then reviewed the possible facilities which may be six conditions as stated in the financed and the exact facilities ordinance: and terms would be finalized later. The Council would then 1. The petitioner shall adopt a final bond resolution. establish that the existing ille- (Q 89-8) gal structure was not constructed while the property was owned by UNFINISHED COUNCIL BUSINESS the petitioner. #1. RE: Utah Industrial 2. The existing structure Development Refunding Bonds, must have been constructed prior Series 1989 (JTM Foothill Village to 1975 as established by the Project), $7, 410,000, to be pay- city's aerial photo series of able from the pledge of a loan April 1975. agreement with JTM Foothill, Ltd. , authorizing the execution and 3. At the time of the pur- delivery of a loan agreement chase by the petitioner, there was between Salt Lake City, Salt Lake no recorded notice of violation or County, Utah, and JTM Foothill, certificate of noncompliance Ltd. , and an indenture of trust concerning the illegal structure and bond purchase agreement. recorded in the chain of title of the property. ACTION: The Council pulled this item without objection. 4. The existing structure (Q 84-18) must be no closer to the front property line than the primary #2. RE: An ordinance enact- structure on the property or ing Section 21.80.290 of Title 21 twenty feet, whichever is greater. to provide a procedure for legal- izing existing violations of side 5. The existing structure yard and setback requirements for must maintain a minimum of three existing garages, carports and feet of landscaped side yard open patio covers. space to the property line. ACTION: Councilmember God- 6. The existing structure frey moved and Councilmember Kirk must meet the standards of the seconded to adopt the ordinance, Uniform Building Code in effect at which motion failed, Council- the time of the construction of members Fonnesbeck, Godfrey and the property. 89-319 PROC DINGS OF THE CITY COUNCIL OF SALT LAKE Cl It, UTAH TUESDAY, NOVEMBER 21, 1989 Councilmember Godfrey indi- Hardman raised the issue that cated that this was an issue he people converted garages into and Councilmember Kirk had been living quarters and suggested that trying to address for 2 1/2 years. this be included in the ordinance. He expressed their concern that Mr. Nelson said the planning staff people who bought homes with the thought this was a separate issue illegal structure in place were and it was being addressed in a having to tear down the struc- different ordinance. tures. The following statement reiterated his opinion: Councilmember Horrocks raised the issue that when people con- Enforcement procedures taken verted garages into living guar- against many illegally located ters this caused vehicles to be garages, carports and patio covers parked in driveways instead of in the Yalecrest and Rose Park garages. Allen Johnson, planning areas in 1986-1987 have revealed director, explained the philoso- that often the present owners were phy of restricting garage conver- not the persons responsible for sions and said basically this the illegal construction. Many practice caused aesthetic problems cases have developed where the because if people had more than present owner has unwittingly one car they would hard-surface purchased property without the other areas of their property. proper side yard and/or rear yard setbacks and the length of time Councilmember Horrocks asked that has past preempts the reason- when the city would "clamp down" able recourse the owner may have on those people who were in viola- against the original seller of the tion. Mr. Johnson said they property. The present owner is, investigated cases when they therefore, subject to a real received complaints. property loss if the zoning en- forcement were to proceed. Mr. Johnson reiterated that the community councils and SLACC In order to protect the many were satisfied with the present citizens who become victims of ordinance. He said the majority other owners who built structures of people were law abiding and without the property building took the effort to get the proper permits, the City Council has permits before building structures proposed legislation which would on their property. He said this authorize the Board of Adjustment ordinance did not take the law to legalize certain garages, abiding citizens into considera- carports and patio covers. tion. Mr. Godfrey pointed out that Councilmember Kirk urged the the contractors added to the Council to pass this ordinance and problem because they would build a said a lot of work had been under- structure without telling owners taken and some enforcement cases it was illegal and the city at- were still pending until a deci- torney' s office would tell con- sion was made about this ordi- cerned citizens that ignorance was nance. no excuse. He indicated that he and Mrs. Kirk wanted a provision Councilmember Godfrey reiter- for those people who were victims. ated the intent of the ordinance was only to protect those people Councilmembers Bittner and who had purchased a home not 89-320 PROCARINGS OF THE CITY COUNCIL OF SALT LAKE CIl, UTAH TUESDAY, NOVEMBER 21, 1989 knowing that existing additions and delivery of an Agreement to were illegal. Enter Into Escrow and Forward Purchase Agreement, an Escrow and Councilmember Bittner said Forward Purchase Agreement, a she wanted the ordinance to be Refunding Escrow Agreement, and more comprehensive and include related documents and certifi- cases where garages had been cates, authorizing the preparation converted to living quarters. and distribution of preliminary and final offering statement and Councilmember Fonnesbeck said related matters, which motion it would take more time to resolve carried, all members voted aye. this issue if the ordinance was broadened. DISCUSSION: Judy McBride, Shearson Lehman Hutton, Inc. , Councilmember Horrocks sug- explained about the cost savings gested that this issue be tabled. of $1, 914, 968.40 and described how the refunding would work; In response to a question basically the airport would lock from Councilmembers Bittner and in today' s favorable interest Horrocks about why existing struc- rates for a refunding issue which tures had to have been constructed would not become effective for prior to 1975, Mr. Nelson ex- another three and one-half years. plained that Salt Lake City' s She explained that the purchase aerial photo series was estab- price for the bonds would be paid lished in April of 1975 and they now and the bonds would be issued could document which illegal in 1993, when the actual refund- structures actually existed. ing would take place. In response to a question from the Mayor about Councilmember Horrocks asked the forecast, Ms. McBride indicat- how long it would take to develop ed that rates would not drop an ordinance dealing with garage lower. Councilmembers expressed conversions. Brent Wilde, plan- their satisfaction with this deal. ning staff, said it would take six (Q 89-5) to eight weeks and the ordinance would then go before the community #4. RE: An ordinance amend- councils and SLACC. ing Title 11 of the Salt Lake City (0 89-33) Code, 1988, by adding a Chapter 12 relating to parties, gatherings or #3. RE: Utah Airport Reve- events. nue Refunding Bonds, Series 1993. ACTION: Councilmember God- ACTION: Councilmember Hor- frey moved and Councilmember rocks moved and Councilmember Hardman seconded to set a date for Godfrey seconded to adopt supple- a public hearing on Tuesday, mental Resolution 122 of 1989 December 12, 1989, at 6:50 p.m. , authorizing the issuance and which motion carried, all members confirming the sale of $20, 760,000 voted aye. Airport Revenue Refunding Bonds, (0 89-37) Series 1993 of Salt Lake City, Salt Lake County, Utah; providing PUBLIC HEARINGS for refunding and redemption of a portion of the City' s outstanding #1. RE: A public hearing at Airport Revenue Bonds, Series 6:30 p.m. to obtain comments 1983; authorizing the execution regarding an ordinance amending 89-321 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI* UTAH TUESDAY, NOVEMBER 21, 1989 the fiscal year 1989-1990 budget would be used to enhance the drug to reappropriate fund balances in enforcement staffing. Captain Ed the CDBG Operating Fund relating Johnson, police department, said to administrative carryovers and this amount was not enough for to make other adjustments. staff but they would use the money for a computer and K-9 program ACTION: Councilmember Kirk which would be used to enhance moved and Councilmember Hardman drug enforcement along with other seconded to close the public allowable functions. hearing, which motion carried, all members voted aye. Mayor DePaulis said the drug seizure money was one time funding Councilmember Horrocks moved so it was not used for ongoing and Councilmember Bittner second- projects but was used for one-time ed to adopt Ordinance 70 of 1989, purchases. which motion carried, all members voted aye. Councilmember Bittner asked who funded the D.A.R.E program. DISCUSSION: Steve Fawcett, Captain Johnson said it was funded finance office, said budget amend- by the honorary colonels. ment #4 was included in the Coun- cil packets and copies had been Councilmember Hardman asked provided to the Recorder' s Office. for a breakdown of the appropria- He also said the notice of public tion from the Municipal Building hearing had been advertised seven Authority for golf course con- days prior as required. He said struction. the objective of the budget open- ing was to handle the administra- Mr. Fawcett said the fund tive carryover item (CDBG) which balance carryover as of June 30, had been tabled in September. 1989, interest income earned ( $98,065 ) from July through Sep- Councilmember Hardman re- tember and anticipated interest ferred to a $6, 000 appropriation earnings ($100, 000) from October to the CIP fund for the public 1989 to June 1990 totaled $4. 6 safety building parking structure million of which $3 million had study. He asked if this was a new been appropriated during the project or the continuation of an budget process. He said the existing project. remaining $1 . 6 million was now being appropriated to complete the Mr. Fawcett referred this project. question to Mayor DePaulis who indicated that he was not aware of No one from the audience all the particulars but said this spoke. was a study that engineering had (B 89-5) requested. Rosemary Davis, capi- tal planning, confirmed that this Th- mee ing ad;. r' . at 7: 15 study was requested by engineering p.m. / and she understood it was a new project. / 1F COUN I CHA R Councilmember Bittner asked about $29, 328 of drug seizure money which was going to the air CM 4_ general fund. She asked if it C 'TY REVER 89-322 November 21, 1989 BRIEFING SESSION: 1. Louis Miller., Richard Scott and Judy McBride are here relating to items E. 1. and F. 3. , the Airport bonds. Do you have gcItStions now for them? They will be here for the meeting. Item F. 1. needs to be pulled. The bond counsel indicates that they are not ready to pf'bceed today. 3. Item F.2. Allen Johnson and Brent Wilde will be here and ready to respond to questions. They weren't planning on a staff briefing; but will be glad to dd one if you'd like. Would you? Also, - _.-- -kae-copies of the ordinance with the change you request. . The reference to relatives has been deleted. 4. Item r, 1. Do you have any questions relating to the Budget Amendment you would like'to raise now? Steve Fawcett, Scott Bond and Linda Hamilton are Here. Request from Library for support of a grant request: Need your approval to send a letter of Support. Lee has prepared a staff recommendation and draft letters. Please review and let us know by tomorrow if you have any concerns or objections. I gave yoy a memo asking if anyone had any objection to moving the January meetings ahead a week. There has been a request that the schedule remain as is. In the past when there has been a request for a change in schedule, we have dbrie so only' if there is no 6j' ction. SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER ROOM 315, CITY AND COUNTY BUILDING • 451 SOUTH STATE STREET Tuesday, November 21 , 1989 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State. 1 . Report of the Executive Director. 2. Councilmember Wayne Horrocks will express concerns relating to the crime rate. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. ' Approval of the Minutes. • C. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Interlocal Cooperation Agreement Amendment - Metropolitan Water District Consider adopting a resolution amending an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Metropolitan Water District increasing engineering fees to design the expansion and modification of the City's Parley's Water Treatment Plant. (C89-153) Staff recommendation: Adopt. • 2. Interlocal Cooperation Agreement - Utah Department of Transportation Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Department of Transportation allowing the installation of Watermain Extension #35-4371 at 675 West 600 South. (C89-626) Staff recommendation: Adopt. 3. Civil Service Commission Appointment Consider the appointment of Eugene W. Chapman to the Civil Service Commission. (189-22) Staff recommendation: Approve. E. NEW COUNCIL BUSINESS: 1 . Salt Lake City, Salt Lake County, Utah Airport Revenue Bonds, Series 1990 Consider adopting resolution No. 123 of 1989, a resolution of intention authorizing the issuance of bonds by Salt Lake City, Salt Lake County, Utah, to finance certain airport and related facilities to be located at the Salt Lake International Airport, and related matters. (Q89-8) Staff recommendation: Adopt . F. UNFINISHED COUNCIL BUSINESS: 1 . Utah Industrial Development Revenue Refunding Bonds, Series 1989 (JTM Foothill Village Project) Consider adopting a resolution providing for the authorization and issuance of $7,410,000 Utah Industrial Development Revenue Refunding Bonds, Series • 1989 (JTM Foothill Village Project) which will be payable from the pledge of a loan agreement with JTM Foothill, Ltd. , authorizing the execution and delivery of a loan agreement between Salt Lake City, Salt Lake County, Utah and JTM Foothill, Ltd. , and an indenture of trust and bond purchase agreement; confirming the sale of said bonds and related matters. (Q84-18) Staff recommendation: Adopt . 2. Side Yard / Rear Yard Requirements Consider adopting an ordinance enacting Section 21.80.290 of Title 21 to provide a procedure for legalizing existing violations of side yard and setback requirements for existing garages, carports and patio covers. (0 89-33) 3. Utah Airport Revenue Refunding Bonds, Series 1993 Consider adopting supplemental resolution No. 122 of 1989 authorizing the issuance and confirming sale of $20,760,000 Airport Revenue Refunding Bonds, Series 1993 of Salt Lake City, Salt Lake County, Utah; providing for refunding and redemption of a portion of the City's Outstanding Airport Revenue Bonds, Series 1983; authorizing the execution and delivery of an Agreement to enter into Escrow and Forward Purchase Agreement, an Escrow and Forward Purchase Agreement, a Refunding Escrow Agreement, and related documents and certificates, authorizing the preparation and distribution of preliminary and final offering statement, and related matters. (Q 89-5) Staff recommendation: Adopt. 4. Ordinance - Parties, Gatherings or Events Set date to hold a public hearing on December 12, 1989 at 6:50 p.m. to receive public comment and consider adopting an Ordinance amending Title 11 of the Salt Lake City Code, 1988, by adding a Chapter 12 relating to parties, gatherings or events. (0 89-307) Staff recommendation: Set date. G. PUBLIC HEARINGS: 1 . Budget Amendment #4 6:30 P.m. Receive public comment and consider adopting an ordinance amending the fiscal year 1989-1990 budget to reappropriate fund balances in the CDBG Operating Fund relating to Administrative Carryovers and to make other adjustments. (B 89-5) Staff recommendation: Close hearing and adopt. H. ADJOURNMENT. *# FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEIM ON THIS AGENDA DATED: hmicaity\bA„.. ---1 } I�r • BY: CHIEF DEPUTYCI R ORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. • On the 17th day of November, 1989, I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. CHIEF DEPUT1CIT E RDER Subscribed and sworn to before me this 17th day of Novemb r, 1989. Notary Pu lic resi State of Utah My Commission Expires: / (-- 9 APPROVAL: ri -1 4E,813.eme Aaa 415 1 �. s ue4102I --- cl I EXECUqu4 E DIRE OR PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 14, 1989 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, November 14, 1989, at 5:00 p.m. in Suite 325, City County Building, 451 South State Street. The following Councilmembers were present: Wayne Horrocks Sydney Fonnesbeck Alan Hardman Tom Godfrey Roselyn Kirk Willie Stoler Councilmember Florence Bittner was absent. Council Chair Stoler presided at the meeting. Cindy Gust-Jenson, Council Executive Director, indicated that the microphones and enunciator panel in the Council Chambers were now operational. She said that no calendar was included in the packets because all RSVPs were up to date. Kathryn Marshall, City Re- corder, distributed an updated version of the canvass of the municipal election and indicated that several typographical errors had been corrected but the outcome of the canvass remained the same. Ms. Gust-Jensen stated that the Flexible Revenue Rate Bonds listed under 'Unfinished Business' on the agenda were hospital bonds, and additional information would be provided for the public hearing scheduled for December 5th. Janne Nielson, Council Staff Assistant, stated that the office had received a request from a West High School history class for a speaker. Councilmember Fonnesbeck indicated she would be available for this request. The meeting was concluded in preparation for the convening of the regular City Council meeting. 89-309 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 14, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 14, 1989, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Councilmembers were present: Wayne Horrocks Sydney Fonnesbeck Alan Hardman Tom Godfrey Roselyn Kirk Willie Stoler Councilmember Florence Bittner was absent. Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and LaNita Brown, Deputy Recorder, were present. Council Chair Stoler presided at the meeting and Council Member Fonnesbeck conducted the meeting. OPENING CEREMONIES psychiatric prison camp in Cher- novtsy that held 1500 prisoners, #1. The invocation was given and this was detailed extensively by Police Chaplain Roger Bastian. in the book "The First Guide Book To Prisons And Concentration Camps #2. The Council led the Of The Soviet Union" by Abraham Pledge of Allegiance. Schiffren. She read part of an article from the Readers Digest #3. Councilmember Godfrey entitled "Into The Heart Of The moved and Councilmember Kirk Gulag" by A. M. Rosenthal, Pulit- seconded to approve the minutes of zer Prize winning author. the Salt Lake City Council for the regular meeting held Tuesday, November 7, 1989, which motion CONSENT AGENDA carried, all members present voted aye. Councilmember Godfrey moved (M 89-1) and Councilmember Hardman seconded to approve the consent agenda, which motion carried, all members COMMENTS present voted aye. Michelle Nordgren, 249 S. 700 #1. RE: Set a date to hold E. , commended Councilmembers a public hearing December 5, 1989, Bittner and Stoler for service to at 6:40 p.m. to obtain public their communities, and the leader- comment and consider adopting an ship abilities displayed during ordinance amending Chapter 62 of their terms of office. Title 21 dealing with the condi- tional C-3A district and creating She protested Resolution 51 a conditional use for temporary of 1988, which established a outdoor garden centers sister city relationship with (0 89-44) Chernovtsy, the Ukraine, and Salt Lake City. She requested that a #2. RE: Set a date to hold public hearing be held to further a public hearing December 5, 1989, study the issue and reassess its at 6:20 p.m. to obtain public purposes. She said there was a comment and consider adopting an 89-310 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 14, 1989 ordinance enacting Section 18.48. - #8. RE: Refer the appoint- 170 providing a general , appeal ment of Eugene W. Chapman to the process for decisions of the Civil Service Commission to the Housing Advisory and Appeals Committee of the Whole. Board. (I 89-22) (0 89-41 ) #3. RE: Set a date to hold UNFINISHED COUNCIL BUSINESS a public hearing December 12, 1989, at 6:40 p.m. to obtain #1. RE: Consider convening comment and consider adopting an as the Board of Canvassers and ordinance closing a portion and adopting a motion approving and vacating a portion of an alley certifying the abstract of votes adjacent to 2185 South 900 East constituting the canvass of the pursuant to Petition 400-756 by municipal election held November Ricks and Brown Architects. 7, 1989, for Councilmembers of (P 89-379 ) Districts 1, 3, 5, and 7, and the Olympic Referendum question. #4. RE: Approve the ap- pointment of Lynn Beckstead to the ACTION: Councilmember God- Planning Commission. frey moved and Councilmember Kirk (I 89-5) seconded to adjourn as the City Council, which motion carried, all #5. RE: Approve the reap- members present voted aye. pointment of Ranch S. Kimball to the Historical Landmarks Commit- Councilmember Godfrey moved tee. and Councilmember Kirk seconded to (I 89-18) convene as the Board of Canvassers with the Mayor, which motion #6. RE: Approve the reap- carried, all members present voted pointment of Anna Grace Sperry to aye. the Historical Landmarks Commit- tee. Councilmember Horrocks moved (I 89-18) and Councilmember Kirk seconded to postpone final approval until the #7. RE: Set a date to hold November 16, 1989, Committee of a public hearing on December 5, the Whole meeting, which motion 1989, at 6:30 p.m. to obtain carried, all members present comment and consider approving the voted aye. issuance of Flexible Rate Revenue Bonds, Series 1989, (Pooled Hospi- Councilmember Stoler moved tal Financing Program--Holy Cross and Councilmember Godfrey seconded Hospital of Salt Lake City, IHC to adjourn as the Board of Can- Hospitals Inc. , St. Benedict' s vassers, which motion carried, all Hospital ) in an aggregate princi- members present voted aye. pal amount not to exceed $100 million for the purpose of Councilmember Godfrey moved financing, refinancing or provid- and Councilmember Hardman seconded ing reimbursement costs of certain to reconvene as the City Council, capital improvements to facilities which motion carried, all members located throughout the State of present voted aye. Utah and other expenses. (Q 89-7) 89-311 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 14, 1989 DISCUSSION: Kathryn Marshall, tain the residential character of City Recorder, explained that one the neighborhoods but they had to of the combined voting districts draw lines and could not accommo- on the abstract had been changed date all requests. He said they and this was not reflected on the had spent a lot of time trying to abstract of votes. She said it decide where to establish the did not affect the outcome of lines and boundaries and the main votes but she would like the time thrust of the revision was a set to check all of the voting dis- of performance criteria by which tricts again to make sure there they could evaluate individual were no other mistakes. requests. (U 89-2) Mr. Anderson said the ordi- nance had undergone major revi- PUBLIC HEARINGS sions in 1955 and he noted that they had allowed beauty operators #1. RE: A public hearing at at that time but not beauty or 6:30 p.m. to obtain comment con- barber shops. He said the ordi- cerning a proposed ordinance nance had stayed the same until amending Chapter 21 . 04. 275 chang- 1964 when the beauty operator ing the definition of "Home Occu- clause was removed, and it had pation"; amending Chapter 21 .20 basically stayed the same since providing a new Article III deal- then. He said this was a very ing with home occupations; and difficult ordinance as it was adding Section 21. 20. 110 entitled impossible to accommodate every- Existing Home Occupation Licenses. one. ACTION: Councilmember God- Councilmember Fonnesbeck said the frey moved and Councilmember Council had spent a great deal of Stoler seconded to close the time analyzing the home occupation public hearing, which motion ordinance in 1982 and they had carried, all members present voted found it to be an extremely deli- aye. cate ordinance. She said they didn't want to stop people from Councilmember Kirk moved and being able to use their homes but Councilmember Godfrey seconded to there was pressure from the neigh- adopt the ordinance, which motion borhoods to eliminate anything failed due to a tie vote, Coun- that incurred traffic or created cilmembers Fonnesbeck, God-frey, parking problems. She said the and Kirk voted aye, and Coun- major changes made to the ordi- cilmembers Horrocks, Hardman, and nance at that time dealt with home Stoler voted nay. care. DISCUSSION: Michael Anderson, Brent Wilde, Deputy Director Planning and Zoning, said his Permits and Zoning, said there office had reviewed the ordinance were significant changes made in after a request from two of the regards to day-care centers in Council Members. He said the 1982 but it was done through a proposed changes were meant to separate ordinance and was not liberalize and not restrict. He part of the home occupation ordi- said home occupations that were nance. currently permitted would not be denied if the ordinance was adopt- 89-312 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 14, 1989 Councilmember Horrocks said tions associated with day-care. he had constituents who worked out Councilmember Godfrey asked if of their homes for economic rea- there could be one set of crite- sons and he felt the ordinance was ria, such as disallowing traffic, too restrictive. He said he for one group yet allow it for didn' t see the need to reduce another group. Roger Cutler, City pedestrian traffic as this would Attorney, said these were equal affect people who walked to stay protection and classification healthy. He said he had a blind issues but the courts would give person in his neighborhood who deference to those issues. He wanted to sell vitamins from his said traditionally the city had home to support his family, and he allowed small unit day-care cen- would hate to see that opportunity ters because the burden on the taken away. neighborhood was slight, but that had to be justified against other Mr. Anderson said his office kinds of businesses. He said it had four to six requests per day was further complicated because for home businesses and if they there were suspect classifica- allowed one type of business they tions. In the past, traditionally would have to allow others. ' feminine' types of businesses had been allowed, such as beauty Councilmember Stoler asked if shops, yet barber shops were not the planning staff inspected the allowed, and sex discrimination premises of someone applying for a was a factor in businesses. He home occupation license, and Mr. said day-cares were considered to Anderson said they only had to be allowable, but each business come in and fill out an applica- had to have a detailed analysis in tion. Councilmember Stoler said order to justify it. it sounded like the "Avon Lady" would be denied a license because The following people spoke in she stored inventory at her home, opposition to the ordinance: and Mr. Anderson said if inventory was stored on the premises the Ann Wingate, 952 Cornell request would be denied. T. Russell Wingate, 952 Cornell Ron Whitehead, 1098 Garnett Councilmember Godfrey ques- tioned what the distinction was Mr. and Mrs. Wingate were between day-care and home occupa- writers who worked out of their tion, and Mr. Wilde explained that home and they were opposed to there were two types of day-care being able to have only one room 1 ) non-registered, where you could in a home that could be used for a tend two children in the home with business. They said they each no special approval, and 2) an needed a study and they needed a occupant of the home could tend up joint conference room, for a total to six children under the age of of three rooms. They felt that five as a conditional use, and restrictions should only be placed this required the signature of on safety and noise problems. neighbors. Mr. Whitehead said that most Councilmember Fonnesbeck said distributors, such as Avon or it was a fairness issue and the Amway did not have stock on hand day-care issue had been separated but took orders then delivered from the home occupancy issue merchandise to customers after because there were special condi- receiving it from the company. He 89-313 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 14, 1989 said they did not have clients coming to their home. He felt they should disallow businesses that generated traffic. COUNCIL CHAIR Councilmember Hardman said he was concerned that the city would be discriminating against certain professions, and he felt they would be creating a class of criminals out of Avon ladies and CITY RECORDER Amway salesman. He said he didn't like the fact that they couldn't store merchandise on their pre- mises. He asked how it would be handled if the Council wanted to consider liberalizing the ordi- nance further, whether it would be done under the proposed ordinance or under the conditional use ordinance that included day-care. Mr. Wilde said the procedure for home occupation licensing now was a five-minute procedure where- as the conditional use process required filing an application, a filing fee, and the possibility of having to go to the Board of Adjustment which could be timely. He said if it was made a zoning administrative function then it could be handled by one person and would be less aggravating to the applicant. The Council agreed to discuss the ordinance further at their convenience. (0 89-39) The meeting adjourned at 7:40 p.m. 89-314 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, NOVEMBER 16, 1989 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, November 16, 1989, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Wayne Horrocks Alan Hardman Roselyn Kirk Sydney Fonnesbeck Tom Godfrey Willie Stoler Councilmember Bittner was absent. Mayor Palmer DePaulis and Kathryn Marshall, City Recorder, were present. Council Chair Stoler presided at and conducted the meeting. UNFINISHED BUSINESS ed to adjourn as the Board of Canvassers, which motion carried, #1. RE: Canvass of the all members present voted aye. municipal election held November 7, 1989, for Councilmembers of Councilmember Godfrey moved Districts 1, 3, 5, and 7, and the and Councilmember Horrocks second- Olympic referendum question. ed to reconvene as the City Coun- cil, which motion carried, all ACTION: Councilmember Hor- members present voted aye. rocks moved and Councilmember (U 89-2) Godfrey seconded to adjourn as the City Council, which motion carried, all members present voted The meeting adjourned at 5:05 aye. p.m. Councilmember Godfrey moved and Councilmember Horrocks second- ed to convene as the Board of Canvassers with the Mayor, which motion carried, all members present voted aye. COUNCIL CHAIR Councilmember Godfrey moved and Councilmember Horrocks second- ed to approve and certify the abstract of votes constituting the canvass of the municipal election CITY RECORDER held November 7, 1989, for Councilmembers of Districts 1, 3, 5, and 7, and the Olympic referen- dum question, which motion car- ried, all members present voted aye. Councilmember Godfrey moved and Councilmember Horrocks second- 89-315 h 1 LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, PE. WATER SUPPLY 8ENDENT WAATERWORKS 1 \a� �. `/ �j:� E. TIM DOXEY SUPERINTENDENT DEPARTMENT OF PUBLIC UTILITIES WATER RECLAMATION WATER SUPPLY & WATERWORKS PALMER DEPAULIS JAMES M. LEWIS, C.PA. MAYOR CHIEF FINANCE& WATER RECLAMATION ACCOUNTING OFFICER 1530 SOUTH WEST TEMPLE GEORGE JORGENSEN, PE. SALT LAKE CITY, UTAH 84115 CHIEF ENGINEER TO: Salt Lake City Council DATE: November 2, 1989 RE: An Amendment of the Interlocal Agreement between Salt Lake City Corporation and the Metropolitan Water District of Salt Lake City for engineering fees to design the expansion and modification of Parleys Water Treatment Plant. Recommendation: That the Council approve the amendment and forward it to the Mayor for execution in behalf of the City. Availability of Funds: The Salt Lake City' s portion of the engineering costs increases to $224, 192 plus any accumu- lated interest . This will be paid for from account 51- 01301-2773. 10. Sandy City is responsible for paying the remainder of the engineering costs in the amount of $541, 500 plus accumulated interest. Discussion: On behalf of Salt Lake City Corporation the Metropolitan Water District of Salt Lake City entered into an engineering agreement with Horrocks and Carollo Engineers entitled "Engineering Agreement for Modification and Expansion, Parleys Water Treatment Plant - Design Phase, " dated April 18, 1989 to enlarge Parleys Water Treatment Plant and provide a seismic upgrade. In the process of performing this design the engineers discovered that the basic structural foundation in the flocculation/sedimentation basins at Parleys were inade- quate. In addition, it was discovered that the treated water clear well was not large enough to provide an adequate detention time. The engineering costs to provide the additional design required amounted to $49, 900. To cover this additional cost it was necessary for Metropolitan Water District of Salt Lake City to amend their agreement with Horrocks and Carollo Engineers. Salt Lake City Council Page Two November 2, 1989 In turn, to cover those additional costs, it is necessary for Salt Lake City Corporation to enter into this amendment of the Interlocal Agreement with the Metropolitan Water District of Salt Lake City. Please return two agreements to this office for final execution. Sincerely yours, LEROY W HOOTON, JR. Director WEE:dt Attachments RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT AMENDMENT BETWEEN SALT LAKE CITY CORPORATION AND METROPOLITAN WATER DISTRICT OF SALT LAKE COUNTY WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the attached agreement generally described as follows: An Amendment of the Interlocal Agreement of April 11, 1989, between the parties to increase engineering fees to design the expansion and modification of the City' s Parleys Water Treatment Plant. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER l.,...,^.\-1) .AS TO F_lkt.b :a!: Wm :,ri, Afh rne,L C:h3 RLM: rc 5 AMENDMENT OF INTERLOCAL AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY AND SALT LAKE CITY CORPORATION FOR ENGINEER' S FEES FOR DESIGN OF EXPANSION OF THE PARLEY' S WATER TREATMENT PLANT THIS AGREEMENT AMENDMENT is entered into in Salt Lake City, Utah this 30th day of October, 1989 , by and between THE METROPOLITAN WATER DISTRICT OF SALT LAKE CITY, a metropolitan water district organized and existing under the laws of the State of Utah (hereinafter "MWD" ) , and SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah (hereinafter "SLC" ) , whereby the parties intend to, and do hereby, amend that certain agreement entitled "Interlocal Agreement Between the Metropolitan Water District of Salt Lake City and Salt Lake City Corporation for Engineer' s Fees for Design of Expansion of the Parley' s Water Treatment Plant," dated April 11 , 1989 , by making the following changes therein. A. Delete the last "WHEREAS" paragraph on page 3 and substitute therefor the following: WHEREAS, the design phase professional engineering services related to the enlargement of the PWTP will be completed pursuant to that certain contract between MWD and Horrocks & Carollo Engineers , entitled "Engineering Agreement for Modifications and Expansion of Parley' s Water Treatment Plant-Design Phase, " dated April 18, 1989 , as amended by that certain contract amendment dated October 30, 1989 ( "Design Phase Contract" ) at a total cost to MWD of $765 ,692 . 00 . B. Delete the first sentence of paragraph 1 , page 3, and substitute therefor the following: MWD shall provide the initial financing for that certain contract between MWD and Horrocks & Carollo Engineers, dated April 18 , 1989 , as amended by that certain contract amendment dated October 30 , 1989 ( "Design Phase Contract" ) , to obtain professional engineering services necessary for the design phase of the enlargement of the PWTP at a total cost of $765 , 692 . 00 , of which $224 , 192 . 00 is allocated toward design of seismic upgrades at the PWTP . C. Delete the first sentence of paragraph 2 , page 4 , and substitute therefor the following: SLC shall pay to MWD that portion of the amounts expended by MWD pursuant to the Design Phase Contract covering the design of seismic upgrades at the PWTP in the sum of $224 , 192 . 00, plus accumulated interest in an amount to be determined in accordance with paragraph 4 below. D. Delete the first sentence of paragraph 3 , page 4 , and substitute therefor the following: SLC shall pay to MWD that portion of the amounts expended by MWD pursuant to the Design Phase Contract covering the enlargement of the PWTP in the sum of $541 , 500 . 00, plus accumulated interest in an amount to be determined in accordance with paragraph 4 below. E . Delete the first sentence of paragraph 5 , page 5, and substitute therefor the following: It is acknowledged that in the event that Sandy City is annexed to MWD, Sandy City will finance the costs and expenses incurred by MWD under the Design Phase Contract covering the enlargement of the PWTP in the sum of $541 , 500 . 00, plus accumulated interest in an amount to be determined in accordance with paragraph 4 above. EXCEPT as specifically amended hereby, said Interlocal Agreement between the parties dated April 11 , 1989 , shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement Amendment to be effective as of the day and year first above written. ATTEST: METROPOLITAN WATER DISTRICT OF SALT LAKE CITY / 1 1 4/ , ' , By 1)(eJtel-e-71/ Secr tart' Chai man of the Board ATTEST: SALT LAKE CITY CORPORATION By City Recorder Mayor STATE OF UTAH ) : ss . County of Salt Lake ) On the 2'1 day of Novel c.- , 1989 , personally appeared before me CHARLES W. WILSON and FRED A. MORETON, who, being by me duly sworn, did say that they are the CHAIRMAN OF THE BOARD and SECRETARY, respectively, of the METROPOLITAN WATER DISTRICT OF SALT LAKE CITY, a metropolitan water district organized and existing under the laws of the State of Utah, and they further acknowledged to me that the foregoing instrument was signed by them in behalf of said METROPOLITAN WATER DISTRICT OF SALT LAKE CITY. J. /'"cam NOTARY PUBLIC My Commission Ex.-0P6:y P�j Residing at: /7o fa. mqi„ -C,'-�� GSo / /7 9 Z A MY461.` Commission Expires '(i January 18.1992 W. REED JENSEN i 704 Tribune Bldg. trl salt lain City. iiit 3 �i UT 84111 T OF13 STATE OF UTAH . ss . County of Salt Lake On the day of , 1989 , personally appeared before me PALMER A. DEPAULIS AND KATHRYN MARSHALL, who, being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that the foregoing instrument was signed by them in behalf of said SALT LAKE CITY CORPORATION. NOTARY PUBLIC My Commission Expires: Residing at: 4 • 7 q 47 1 - LEROY W. HOOTON, JR. DIRECTOR W TER SUPPLY E. EVENSE O P.E. S !_\ !ff(g`�pra+�\11 t 1 SUPERINTENDENT ;;,',fj�l1�W++ �� WATER SUPPLY 8 WATERWORKS E.TIM DOXEY SUPERINTENDENT DEPARTMENT.OF PUBLIC UTILITIES WATER RECLAMATION WATER SUPPLY & WATERWORKS PALMER DEPAULIS JAMES M. LEWIS, CP.A. WATER RECLAMATION MAYOR CHIEF FINANCE 8 ACCOUNTING OFFICER 1530 SOUTH WEST TEMPLE -- GEORGE JORGENSEN, RE. SALT LAKE CITY, UTAH 84115 CHIEF ENGINEER November 6, 1989 TO: Salt Lake City Council RE: Interlocal Agreement between Salt Lake City Corporation and the Utah Department of Transportation for the installation of Watermain Extension No. 35-4371 at 675 West 600 South. Recommendation: That the Council approve the agreement and forward to Mayor for execution in behalf of the City. Availability of Funds: Utah Paper Box Company DISCUSSION; Utah Paper Box Company has built their building over the Department of Public Utilities watermain, which now needs to be relocated within the state right of way. This work will be done by their contractor at no cost to the City. 1. Please return four (4) agreements to this office to be forwarded to UDOT for final execution. Submitted by: LEROY HOOTON, 41411 II Director Department of Public Utilities Cont.1/srb Attachments File W C-11 RESOLUTION NO. OF 1989 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH DEPARTMENT OF TRANSPORTATION WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve the attached agreement generally described as follows: A license from the State to construct and maintain a water utility line within the right-of-way of State Highway U-269 in Salt Lake County. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM: rc Political Subdivision UTILITY LINE AGREEMENT SALT LAKE CITY CORPORATION DEPT. OF PUBLIC UTILITIES Applicant 1530 South West Temple Address Salt Lake City. Utah 84115 LICENSE THIS AGREEMENT is entered into this day of November 19 89, between the UTAH DEPARTMENT OF TRANSPORTATION, called UDOT, and Salt Lake City Corporation, Dent_ of Public Utilities hereinafter called the Licensee, WITNESSETH: WHEREAS, the Licensee is desirous of obtaining the right to construct and thereafter maintain and operate an utility line within the right-of-way lines of State Highway U-269 , in Salt Lake County, Utah, p for the purpose of Water Supply in the location exactly described in Paragraph 1 of this agreement, and WHEREAS, the UDOT is desirous to grant the utility a license to so construct and maintain an utility line, according to the conditions and terms of this agreement. NOW THEREFORE, it'is agreed by the parties as follows: 1. DESCRIPTION AND LOCATION OF UTILITY LINE: a. Type of Line: 6-inch PVC 35-4371 b. Construction Materials: 176 feet of 6" pipe c. Method of Installation: Excavate & backfill d. Legal Description of Utility Encroachment: see attached e. Exhibit A attached to this agreement is a diagram of the proposed site. 1-27-76 Page 2 of 7 Pages f. The above description of line location is subject to such minor changes or variations therefrom as may be required or approved by UDOT's District Director at Two Utah, who is responsible for the proper inspection of the Licensee's work in compliance with this agreement. 2. INSPECTION: The UDOT shall regularly inspect the work of the Licensee or his contractor, to enforce compliance with this agreement and to insure proper compliance with State regulations. These inspections shall be made by the District Director or his authorized representative. All costs of inspection shall be reimbursed by the Licensee to the UDOT within thirty days of billing by the UDOT. The amount of $ is deposited with the UDOT's District Director's office to be applied toward said inspection costs. 3. DATE OF COMPLETION: The work covered by this agreement shall be completed within 30 calendar days of the date of this agreement. Failure to complete the work within this time will give the UD0T the option of extending the time or revoking the permission to continue the work. Any time extension shall be in writing. 4. COSTS: The entire cost of the utility installation shall be paid for by the Licensee. 5. RELOCATION: Whenever the UDOT shall determine that is it necessary to relocate the facilities described herein, the Licensee shall relocate same in accordance with the order of the UDOT, provided that reimbursement for the reasonable cost thereof shall be made by the UDOT if and as provided by the statutes of the State of Utah. 6. APPROVAL OF CONSTRUCTION: Excavations or other operations on property or right-of-way under the jurisdiction of the UDOT shall not be commenced by the Licensee until and after notice has been given by the Licensee to said District Director of the UDOT and requisite Highway Construction Permit obtained. Construction shall be carried forward to completion in the manner required by the said District Director. A certificate of compliance with the provisions of this paragraph shall be furnished to the contractor or the applicant, and must, at all times, be prominently displayed at the excavation site. 7. PROTECTION OF TRAFFIC DURING CONSTRUCTION: The Licensee shall so conduct his construction operation that there shall be no interference with or interruption of highway traffic. The Licensee shall conform to such instructions of the District Director as may be given with respect to handling of traffic, and shall at all times maintain such watchmen, barricades, lights or such other measures for the protection of traffic as may be required to warn and safeguard the public against injury or damage during the operation of the Licensee in constructing said line. Page 3 of 7 Pages 8. COMPACTION OF BACKFILL: The backfilling of any trench within the paved portion of the highway, the shoulders thereof, or the portion under any intersecting street or highway shall be compacted by tamping with hand tampers, or preferably with mechanical tampers, in six-inch layers to a density of at least 95 percent, and as otherwise required by the State of Utah Standard Specifications for Road and Bridge Construction, and test designation T-99 or T-180, American Association of State Highway Officials specifications. The Licensee shall be liable for any damage which may result to the pavement due to failure to properly compact the backfill. The material used for backfill must be of a suitable granular nature. Non- granular material which does not comply with UDOT specifications shall not be used. 9. RESTORATION OF BxiSTING PAVEMENT: The Licensee shall at his own expense replace any pavement removed or damaged with the same type and depth of pavement as that which is adjoining, including gravel base material. This restoration shall be accomplished within 48 hours from the time of excavation, unless additional time is granted in writing by the District Director of the UDOT. Restoration shall be substantially to the same condition as prior to the Licensee's undertaking of the work. In the case of excavations, pavement shall be constructed in conformity with the State Standard Specifications and shall be subject to the inspection and approval of the District Director of the UDOT. If weather conditions do not permit immediate placing of permanent pavement, a temporary pavement shall be placed until such time as weather conditions are favorable, at which time the temporary pavement shall be removed and replaced with a permanent pavement. If the gravel surface, gravel shoulders, or gravel surfaced approach roads become fouled with clay or other materials which is unsuitable, such entire surfacing shall be removed and replaced with new gravel surfacing material. The repairs to pavement or surface shall include pavements which have been damaged with construction equipment. The UDOT shall have the option of restoration of said roadbed to its original condition at the expense of the Licensee. 10. DISPOSAL OF SURPLUS MATERIAL IN CLEANING UP HIGHWAY: Upon completion of the work, all surplus material shall be removed from within the limits of the highway. The disturbed surface shall be carefully graded to the lines and grades established. Any highway facilities such as signs, culverts, etc., disturbed or damaged during the progress of the work shall be properly restored to their original condition within a reasonable time. 11. MAINTENANCE OF UTILITY LINE BY LICENSEE: The utility shall at all times be maintained, repaired, renewed, and operated by and at the expense of the Licensee. The UDOT reserves the right, without relieving the License of its obligation hereunder, to reconstruct or to make such repairs to said line as it may consider necessary in the event the Licensee shall fail so to do, upon notification by the UDOT, and the Licensee hereby agrees to reimburse the UDOT for the cost of such reconstruction or repairs. It is understood that access for maintenance and servicing of the utility line by the Licensee will not be permitted from the through-traffic roadways or ramps of the Interstate highway. Page 4 of 7 Pages 12. CROSSING OF UTILITY LINE IN EXPANSION OF HIGHWAY SYSTEM: It is expressly understood and agreed by the parties hereto and as part of the consideration for this agreement that the UDOT shall have the right to cross said line at any point necessary in the future construction and expansion of the State Highway System. 13. LIABILITY: The Licensee agrees to post a bond with the UDOT's District Director's office in the amount of $ None running for a term of three years after completion of the work, to guarantee satisfactory performance as provided in this agreement and license. The UDOT may proceed against said bond to recover for all expenses incurred by the UDOT, their employees, or representatives, in bringing the sections of roadway interferred with by the Licensee to the standards required by the Licensee to the standards required by the UDOT. These expenses specifically refer to all expense incurred in repairing portions of the roadway determined by UDOT_ inspectors to be inadequately restored or maintained by the Licensee. In addition, the Licensee shall at all times protect and indemnify and save harmless the UDOT from any and all claims, demands, judgements, costs, expenses and all damage of every kind and nature made, rendered or incurred by or in behalf of any person or corporation whatsoever, in any manner due to or arising out of injury to or death of any person; or damage to property of any person or persons whomsoever, including the parties hereto and their employees, or in any manner arising from or growing out of the construction, maintenance, operation, repair, extension, existence, use or removal of said utility line, or the failure to properly construct, operate, maintain, or remove the same, including any insecurity of the surface caused by the construction or use of said line, and from all costs and expenses, including attorney's fees connected in anywise with the matter and things contained herein. For this purpose the Licensee certifies that it will comply with the terms of the Utah Governmental .Immunity Act of 1965 and that it has purchased insurance under the authority and provisions of § 28 and 29 of said act and that said insurance is now in full force and effect. 14. ANNULMENT OF LICENSE: If the Licensee shall fail to construct, repair, or remove said utility line in accordance with the terms of this agreement and to the entire satisfaction of the UDOT, or shall fail to gay to the UDOT any sum of money for the reconstruction, repair, or maintenance of said line, or shall in any respect fail to keep, do and perform any of the conditions, stipulations, covenants, and provisions of this agreement to be kept, done and performed by said Licensee, this agreement and license, shall, at the option of the UDOT be cancelled;. and this license shall cease and the UDOT shall have the right to remove said utility line and restore the highway at the sole expense of the Licensee. However, before the UDOT shall exercise the option to cancel this agreement, it shall notify the Licensee in writing, setting forth violations complained of and shall give the Licensee a reasonable time to fully correct the same. 15. AGREEMENT NOT TO BE ASSIGNED: The Licensee shall not assign this License or any interest therein without the written consent of the UDOT. Page 5 of 7 Pages 16. SUCCESSORS AND ASSIGNS: All covenants and agreements herein contained shall be binding upon the parties hereto, their successors and assigns. - 17. SPECIAL PROVISIONS: With respect to work performed by contract, the City shall not discreiminate in its choice of contractor or contractors and shall make the following provisions a part of the contract or contracts for the installations to be placed on. highway right-of-way. Compliance with Title VI of the Civil Rights Act of 1964 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contract"), agrees as follows: (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimination in Federally-assisted programs of the Department of Commerce (Title 15, Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not dis- criminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly • in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A-II of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotia- tions made by the contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Utah Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Utah Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Page 6 of 7 Pages (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the Utah Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) ' Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials .and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the Utah Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as.a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in • addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. STATE OF UTAH ) ss. County of Salt Lake ) On the day of , 19 , personally appeared before me , who being by me duly sworn did say that he is the , and he further acknowledged to me that said instrument was signed by him in behalf of the UTAH DEPARTMENT OF TRANSPORTATION, by authority of a resolution of the Utah Department of Transportation of Utah duly passed upon NOTARY PUBLIC, Residing in Salt Lake County, Utah My Commission Expires: STATE OF UTAH . ss. COUNTY OF SALT LAKE ) On the day of November ,19 89 , personally appeared before me Palner A. DePaulis and Kathryn Marshall , who being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of Salt Lake City, and that the name of Salt Lake City was attached to the foregoing instrument by them approved on the day of November ,19 89 ; and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake City, Utah My Commission Expires: UTILITY ENCROACHMENT FOR A 6" PVC WATERMAIN AROUND UTAH PAPERBOX COMPANY AT 675 WEST 600 SOUTH WITH THE UTAH DEPARTMENT OF TRANSPORTATION. DESCRIPTION A 30 foot easement 15 feet on each side of the following described centerline: Beginning at a point 80.49 feet South 89° 57 ' 30" West from the Northwest Corner of Block 13, Plat "C" Salt Lake City Survey, running thence South 00 00' 58" East 295.34 feet, thence South 45° East 57.23 feet, thence East 136.03 feet, thence North 450 East 47 feet more or less to an existing 6" watermain. PREPARED BY: RAY EASTMAN DATE: OCTOBER 25, 1989 CHECKED BY V25 TYPED BY: RAY EASTMAN PROOFREAD BY PALMER DEPAULIS "..AA Ir r�\a� lil\f ati llcs MAVOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 November 13, 1989 Willie Stoler, Chairperson, and Members of the Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Dear Willie: I am transmitting herewith a recommendation for a board appointment which I would appreciate the Council advise and consent upon: CIVIL SERVICE COMMISSION Eugene W. Chapman to be appointed to fill a vacancy for a term extending through June 30, 1992. I would appreciate your consideration of this appointment and ask that it be placed on the November 14th Council agenda. If I can provide you with any further information, please don't hesitate to call. Sincer ly, dtAVAIS/124A-L Mayor cc: Chief Chabris ' a_;my( fde° k tItiNt OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET. SUITE 304 SALT LAKE CITY, UTAH 84111 535.7600 November 17, 1989 MEMORANDUM TO: COUNCILMEMBERS FROM: CINDY GUST-JENSON RE: AIRPORT REVENUE BONDS As you will see from the attached letter, the bond counsel on the Airport Revenue Bonds is recommending that the City Council adopt the inducement resolution prior to holding the TEFRA hearing. The reasoning is outlined in the letter. Although this is not the usual practice, I have checked with both the City Treasurer and the City Attorney's Office and both have indicated that to their knowledge this would not create a problem. Roger Cutler indicated that Richard Scott is the expert in this area and he would defer to his judgement. Since the Council has approved in concept the airport expansion, and the Airport is a City (rather than private) entity, it seems reasonable to allow the Airport to move ahead and have flexibility as recommended by Chapman and Cutler. Richard Scott of Chapman and Cutler will attend your Tuesday evening meeting. Please let me know if you have any concerns so that we can begin to gather the necessary information prior to your meeting. cc: Roger Cutler Buzz Hunt Law Offices of CHAPMAN AND CUTLER a partnership including professional corporations eodore S.Chapman 50 South Main Street, Salt Lake City, Utah 84144 2 North Central Avenue :7-1943 Phoenix,Arizona 55004 Henry E.Cutler FAX(801)533-9595 (602)256-4Ccu 1579-1959 Telephone(80I)533-0066 100 Peachtree Street,N.W. Atlanta,Georgia 30303 (404)420-1420 Richard J.Scott 111 West Monroe Street November 16, 1989 Chicago,Illinois 60603 (312)845-3000 Salt Lake City Municipal Council Salt Lake City Corporation City and County Building 451 South State Street Salt Lake City, Utah 84111 Attention: Jan Nielson Re: Salt Lake City, Salt Lake County, Utah Airport Revenue Bonds, Series 1990 Dear Jan: In accordance with our telephone conversation, enclosed are 16 copies of the suggested form of proceedings for next Tuesday's Municipal Council meeting. Enclosed in the proceedings is a suggested form of "inducement" resolution relative to the issuance of the above-captioned bonds. We understand that the inducement resolution has been included in the agenda for the Municipal Council meeting and that appropriate notice will be given in satisfaction of the requirements of the Utah open meeting law. As you may know, the Municipal Council has generally not considered adoption of inducement resolutions before holding a "TEFRA" hearing. We understand that the. Municipal Council adopted this policy when such hearings were required only for industrial development revenue bonds issued for the benefit of third-party private businesses. Since that time, the Internal Revenue Code of 1986 has become law. It imposes the hearing requirement on all "private activity bonds," including bonds issued to finance airport facilities. However, unlike an industrial development project, the airport facilities to be financed with the proposed bond issue will be owned by Salt Lake City through its Airport Authority and will be payable from general airport revenues. These bonds are not being issued on behalf of any third-party business. Accordingly, the Airport Authority is requesting that the Municipal Council consider adoption of the inducement resolution before the holding of a public hearing. Although a public hearing will be held at a later date, the proposed procedure would streamline the planning process and minimize the likelihood that more than one hearing would be required due to project changes which occur in the design and planning t- Law Offices of CHAPMAN AND CUTLER stages. Since greater detail is required under the Internal Revenue Code of 1986 for public hearing notices than for inducement resolutions and since under Federal tax law the inducement resolution must be adopted before incurring any obligations on facilities to be financed (the public hearing need only be held prior to the issuance of the bonds), the adoption of the inducement resolution prior to the public hearing for airport facilities is advantageous to the City. Most importantly, the City can immediately begin making preliminary expenditures which are reimbursable from bond proceeds. When the precise description of the facilities to be financed has been determined, the public hearing can be scheduled. I will attend the Municipal Council meeting next Tuesday to answer any questions that may arise. In the meantime, please call if there are any questions which should be resolved before the meeting. Thank you for your assistance. Very truly yours, CHAPMAN AND CUTLER By Richard J. Scott RJS/jgl Enclosures cc: Louis E. Miller w/enclosure John Wheat w/enclosure Linda Hamilton w/enclosure Verl F. "Buzz" Hunt w/enclosure HAND DELIVERED -2- • Salt Lake City, Utah November 21, 1989 The Municipal Council of Salt Lake City, Salt Lake County, Utah (the "Municipal Council"), pursuant to due notice met in regular public session on November 21, 1989, at the hour of 6:00 o'clock P.M., at the regular meeting place of the Municipal Council in Room 304 in the City and County Building, 451 South State Street, in Salt Lake City, Utah. The meeting was duly called to order by Councilmember Fonnesbeck, who was conducting, with the following members being present, constituting a quorum of the Municipal Council: W.M. Stoler Chair Alan G. Hardman Vice Chair Thomas M. Godfrey Councilmember Sydney R. Fonnesbeck Councilmember L. Wayne Horrocks Councilmember Roselyn Kirk Councilmember Florence Bittner Councilmember Absent: None. There were also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder. The City Recorder presented to the Municipal Council an affidavit evidencing the giving of not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the November 21, 1989, regular meeting of the Municipal Council in compliance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, by (1) posting written notice of the meeting at the principal office of the Municipal Council, and (2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, Utah (the "City"), or to a local media correspondent. The affidavit was ordered recorded in the minutes of the meeting and is as follows: -2- STATE OF UTAH ) COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify, according to the records of said City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the November 21, 1989, regular public meeting held by the Municipal Council of Salt Lake City, Salt Lake County, Utah, by: (a) causing a Notice of Public Meeting to be posted at the principal office of the Municipal Council at Room 325, City and County Building, 451 South State Street, in Salt Lake City, Utah, on November 17, 1989, at least twenty-four (24) hours before the convening of the meeting, in the form attached hereto as Exhibit A; said Notice of Public Meeting having continuously remained so posted and available for public inspection during regular office hours until the convening of the meeting; and (b) causing a copy of the Notice of Public Meeting in the form attached hereto as Exhibit A to be provided on November 17, 1989, at least twenty-four (24) hours before the convening of the meeting, to The Salt Lake Tribune and the Deseret News, newspapers of general circulation within the geographic jurisdiction of Salt Lake City, Utah, and to each local media correspondent, newspaper, radio station, or television station which has requested notification of meetings of the Municipal Council. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Salt Lake City, Salt Lake County, Utah, this 21st day of November, 1989. Kathryn Marshall City Recorder Salt Lake City, [SEAL] Salt Lake County, Utah -3- EXHIBIT A [Attach Copy of Meeting Notice] A-1 Thereupon, the following resolution was introduced in written form by Council- member and, pursuant to motion duly made by and seconded by , was adopted and approved by the following vote: Aye: W.M. Stoler Alan G. Hardman Thomas M. Godfrey Sydney R. Fonnesbeck L. Wayne Horrocks Roselyn Kirk Florence Bittner. Nay: None. Absent: The resolution was thereupon presented to and approved and signed by the Mayor in open meeting, was approved as to form and signed by the City Attorney, was signed by the Chair of the Municipal Council, and was attested and recorded by the City Recorder in the official records of said City. The resolution is as follows: -4- RESOLUTION NO. 123 OF 1989 RESOLUTION NO. 123 OF 1989, A RESOLUTION OF INTENTION AUTHORIZING THE ISSUANCE OF BONDS BY SALT LAKE CITY, SALT LAKE COUNTY, UTAH, TO FINANCE CERTAIN AIRPORT AND RELATED FACILITIES TO BE LOCATED AT THE SALT LAKE INTERNATIONAL AIRPORT; AND RELATED MATTERS. WHEREAS, Salt Lake City, Salt Lake County, Utah (the "City"), intends to issue its airport revenue bonds to finance the acquisition, construction and improvement of certain airport facilities, including facilities directly related thereto, within the meaning of Section 142 of the Internal Revenue Code of 1986, at the Salt Lake City International Airport, wholly within the City (the "Project"); and WHEREAS, the City is authorized by the provisions of the Utah Municipal Bond Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the "Act"), to issue such bonds for the purpose of financing the acquisition and construction of such facilities and the City deems it necessary and advisable that it take such action as may be required under applicable provisions of law to authorize and issue such airport revenue bonds (the "Bonds"); and WHEREAS, the Federal Income Tax Regulations require that the City, as issuer of such Bonds, adopt a bond resolution with respect to such Bonds or take some other similar official action toward the issuance of such Bonds prior to the commencement of the construction, reconstruction or acquisition of the Project; and WHEREAS, one purpose of this Resolution is to satisfy the requirements of said Federal Income Tax Regulations; NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of Salt Lake City, Salt Lake County, Utah, as follows: Section 1. Issuance of Bonds. In order to obtain the public benefit which is expected from the Project, the City will issue the Bonds pursuant to the provisions of the Act in such total principal amount as the City may determine to finance all or a portion of the costs of the Project, including costs and expenses incident thereto and to the issuance of the Bonds, all of which are presently estimated to be approximately $35,000,000. The Project will be owned by the City, will be located at the Salt Lake City International Airport in the City, and will include, in the City's discretion, some or all of the following: expansion of and improvements to Terminal Unit #2; completion of baggage tunnels between parking facilities and terminals; acquisition of baggage handling equipment; construction of a ramp control tower; expansion and improvements to fuel farm; acquisition and construction of fuel storage and pumping facilities; acquisition and installation of moving pedestrian sidewalks; acquisition and construction of maintenance hangars and ramps; expansion and improvements to cargo buildings and cargo ramps; rehabilitation of and improvements to taxiways; relocation and construction of parking facilities; improvements for erosion control and landscaping; relocation and construction of FAA control tower; construction of and improvements to roads and roadways; and any necessary or desirable facilities, equipment and improvements related to the foregoing. -5- Section 2. Terms of Bonds. Any Bonds issued shall bear such interest rates, be in such denominations, bear such date, mature at such times, be in such form, carry such registration privileges, be executed in such manner, be payable at such place and be subject to such terms of redemption consistent with the Act and as shall finally be approved and provided in a subsequent resolution of the City's Municipal Council prior to the issuance of the Bonds. Any resolutions and other documents relating to the Project and the Bonds will also be approved and authorized by the City prior to the issuance of the Bonds. Section 3. Further Actions. Subject to the provisions hereof, the City will adopt such resolutions and authorize the execution and delivery of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the acquisition and construction of the Project. Section 4. Bonds to Constitute Limited Obligation. Any Bonds issued shall be payable solely out of the revenues derived from the City's airport facilities pledged pursuant to Resolution No. 45 Providing for the Issuance of Airport Revenue Bonds adopted by the Municipal Council on April 11, 1989, as such Resolution No. 45 may be supplemented or amended. Such Bonds will not constitute a debt of the City within the meaning of any constitutional or statutory limitation. Such Bonds will not constitute a general obligation of the City or a charge against its general taxing powers. Section 5. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. PASSED and APPROVED by the Municipal Council and the Mayor of Salt Lake City, Salt Lake County, Utah, this 21st day of November, 1989. SALT LAKE CITY CORPORATION, a municipal corporation, Salt Lake County, State of Utah [SEAL] ATTEST: W. M. Stoler Chair By Kathryn Marshall City Recorder APPROVED: By Palmer A. DePaulis Mayor APPROVED as to form: By Roger F. Cutler City Attorney -6- (Other business not pertinent to the above appears in the minutes of the meeting.) Upon the conclusion of all business and upon motion duly made and carried, the meeting of the Municipal Council was adjourned. W. M. Stoler Chair ATTEST: Kathryn Marshall City Recorder [SEAL] -7- STATE OF UTAH ) COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, 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 a regular public meeting of the Municipal Council of Salt Lake City, Salt Lake County, Utah, held on November 21, 1989, including a resolution adopted at said meeting, as said minutes and resolution are officially of record in the City Recorder's office. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the corporate seal of Salt Lake City, Salt Lake County, Utah, this 21st day of November, 1989. Kathryn Marshall City Recorder Salt Lake City, Salt Lake County, Utah [SEAL] RJS/RAC/jg1/859348-pr -8- • I ',l LAW OFFICES I - BALLARD, SPAHR, ANDREWS a INGERSOLL 2O b FLOOR (INCLUDING THE PUBLIC FINANCE PRACTICE OF THE FORMER FIRM OF 30 SOUTH I7rr STREET FOX,EDWARDS,GARDINER& BROWN) PHILADELPPHIA,PA 19103 AMERICAN PLAZA If, SUITE 400 ONE WESTLAKES 1235 WESTLAKES DRIVE 57 WEST 200 SOUTH BERWYN, PA 19312 SALT LAKE CITY, UTAH 84101 SUITE 2300 1225 17,, STREET 801 359-1800 DENVER,CO 80202 TELECOPIER:801 S21-5364 SUITE 900 EAST 555 13r.STREET,N. W. FREDRICK H.OLSEN WASHINGTON,D.C.20004 November 16, 1989 TO PERSONS LISTED ON THE ATTACHED DISTRIBUTION LIST: RE: $7, 410,000 Salt Lake City, Utah Industrial Development Revenue Refunding Bonds, Series 1989 (JTM Foothill Village Project) Enclosed for your review is a copy of the preliminary draft of the Bond Resolution to be adopted by the City Counsel on November 21, 1989 for the above-mentioned bond issued. Preliminary drafts of the Indenture, the Loan Agreement, the Deed of Trust, and the Bond Purchase Agreement have also been distributed to the City Attorney and the Executive Director of the City Council and are available there for your review. As you may be aware, the proceeds from this bond issue will be used to provide temporary financing. It is anticipated that an additional Bond Resolution will be presented to the City Counsel for consideration on December 5 , 1989 which will authorize the issuance of additional bonds to provide for the permanent financing which is scheduled to close on December 14, 1989. Please contact me with any questions or comments at your earliest convenience. Sincerely, FREDRICK H. OLSEN FHO/lt L163 (PF) BD366 (PF) Draft 11/14/89 Salt Lake City, Utah November 21, 1989 The City Council (the "Council") of Salt Lake City, Salt Lake County, Utah met in regular session at its regular meeting place in Salt Lake City, Utah at 6:00 p.m. on November 21, 1989, with the following members present: W.M. "Willie" Stoler Chairperson Sydney Fonnesbeck Councilmember Thomas M. Godfrey Councilmember Roselyn N. Kirk Councilmember Florence B. Bittner Councilmember L. Wayne Horrocks Councilmember Alan G. Hardman Councilmember Also present: Palmer DePaulis Mayor Kathryn Marshall City Recorder Roger Cutler City Attorney Absent: The meeting was duly called to order and upon determining that a quorum was present, the minutes of the preceding meeting were read and approved, and the City Recorder presented the Council a Certificate of Compliance with Open Meeting Law with respect to the November 21, 1989 meeting, a copy of which is attached as Exhibit "A" . The following resolution was then introduced in writing, fully discussed by the Council and pursuant to motion duly made by Councilmember and seconded by Councilmember , adopted by the following vote: AYE: Nay: The resolution was then signed by the Chairperson in open meeting and recorded by the City Recorder in the official records of Salt Lake City, Salt Lake County, Utah. The resolution is as follows: A RESOLUTION PROVIDING FOR THE AUTHORIZATION AND ISSUANCE OF $7,410,000 SALT LAKE CITY, UTAH INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1989 (JTM FOOTHILL VILLAGE PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE REVENUES ARISING FROM THE PLEDGE OF A LOAN AGREEMENT WITH JTM FOOTHILL, LTD. , A UTAH LIMITED PARTNERSHIP; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN SALT LAKE CITY, SALT LAKE COUNTY, UTAH AND JTM FOOTHILL,LTD. ; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND A BOND PURCHASE AGREEMENT; CONFIRMING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF; AND RELATED MATTERS. WHEREAS, pursuant to the Utah Industrial Facilities and Development Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended (the "Act") , Salt Lake City, Salt Lake County, Utah (the "Issuer") is authorized to issue its revenue bonds to currently refund the Prior Bonds (as defined below) ; and WHEREAS, pursuant to the provisions of the Act, the Issuer proposes to issue its Industrial Development Revenue Refunding Bonds, Series 1989 (JTM Foothill Village Project) in the principal amount of $7,410,000 (the "Bonds") for the purpose of refunding its outstanding Floating Rate Demand Industrial Development Revenue Bonds Series 1984 (JTM Foothill Village Project) (the "Prior Bonds") and enter into a Loan Agreement (the "Loan Agreement") by and between the Issuer and JTM Foothill, Ltd. (the "Borrower") , a limited partnership organized and existing under the laws of the State of Utah and authorized to do business in the State of Utah, and enter into an Indenture of Trust (the "Indenture") with First Security Bank of Utah, N.A. , of Salt Lake City, Utah (the "Trustee") pursuant to which the Issuer will issue the Bonds; and WHEREAS, this City Council deems it necessary and advisable to authorize the issuance and confirm the sale of the Bonds and to authorize the execution and delivery of the Loan Agreement, the Indenture, and a Bond Purchase Agreement (the "Bond Purchase Agreement") between the Issuer, and First Security Bank of Utah, N.A. , as purchaser of the Bonds (the "Purchaser") , and providing for the sale of the Bonds; and WHEREAS, the Act and all documents to he signed by the Issuer provide that the Bonds shall not constitute nor give rise to a general obligation or liability of the Issuer or be a charge against its general credit or taxing powers and that the Bonds will be payable from and secured only by the revenues arising from the pledge and assignment under the Indenture of the Loan Agreement to the Trustee. NOW THEREFORE Be it resolved by the City Council of Salt Lake City as follows: Section 1 . The Issuer is authorized to currently refund the Prior Bonds pursuant to the provisions of the Act. All action heretofore taken by the officers of the Issuer directed toward the issuance of the Bonds is hereby ratified, approved and confirmed. BD366 (PF) 2 Section 2. The Issuer is authorized and directed to issue the Bonds as fully registered bonds, in the aggregate principal amount of $7,410,000. As provided in the Indenture, the Bonds shall bear interest at a fixed per annum interest rate equal to _% with interest payable semiannually on June 1 and December 1 of each year commencing on June 1, 1990. The Bonds shall be subject to redemption prior to maturity as set forth in the Indenture and shall mature December 1, 2014. The form of Bond is set out in the Indenture, copies of which were before the City Council at this meeting and which will be available for inspection at the office of the City Recorder for any interested person, which form is incorporated herein by reference and made a part hereof. Section 3. The Bonds are to be issued in accordance with and pursuant to, and the Issuer is authorized and directed to execute and deliver, the Loan Agreement and the Indenture in substantially the same form presented to the City Council at the meeting at which this resolution was adopted, and which are also on file at the office of the City Recorder and may there be examined during normal business hours by any interested person. The Indenture provides for the issuance of the Bonds solely for the purpose of refunding the Prior Bonds. The Loan Agreement provides for certain representations and warranties by the Issuer and the Borrower, for certain conditions precedent to the purchase of the Bonds, for certain affirmative and negative covenants, and for remedies in connection with the failure to perform certain covenants thereunder. The Indenture specifically provides that no provision thereof or of the Bonds shall constitute nor give rise to a general obligation or liability of the Issuer or a charge against its general credit or taxing powers. Recourse on the Bonds executed and delivered by the Issuer pursuant to the Indenture may be had only against the security for the Bonds as provided therein and in the Loan Agreement and the Indenture. Section 4. The Bonds (in substantially the form set forth in the Indenture) , the Loan Agreement, the Indenture, and the Bond Purchase Agreement, in substantially the form presented to the City Council of the Issuer at this meeting with such changes as are authorized by Section 6 hereof, are hereby approved in all respects and the Mayor and City Recorder are hereby authorized to execute each of the same on behalf of the Issuer and to affix the seal of the Issuer thereto and the acts of the Mayor and City Recorder in so doing are and shall be the act and deed of the Issuer. The Mayor, City Recorder and all other proper officers and employees of the Issuer are hereby authorized and directed to take all steps on behalf of the Issuer to perform and discharge the obligations of the Issuer under each of said instruments. Section 5. The sale of the Bonds to the Purchaser at a price of 100% of the principal amount thereof and bearing interest at the fixed rate as provided in the Indenture, is hereby authorized, approved and confirmed, and the Mayor is hereby authorized and directed to execute and the City Recorder to attest and deliver the Bond Purchase Agreement. BD366 (PF) 3 Section 6. The Mayor is hereby authorized to make, either prior or subsequent to the execution thereof, any alterations, changes or additions in the Indenture, the Loan Agreement, and the Bond Purchase Agreement and the Bonds herein authorized which may be necessary to correct any errors or omissions therein, to remove ambiguities therefrom, to conform the same to other provisions of said instruments, to the agreement of the Borrower and the Purchaser, to the provisions of this resolution, or any other resolution adopted by the Issuer, or the provisions of the laws of Utah or the United States as long as the rights of the Issuer are not materially affected thereby. Section 7. Pursuant to Section 11-17-13, Utah Code Annotated 1953, as amended, the Issuer includes herein the pledge and undertaking of the State of Utah that the State of Utah will not alter, impair or limit the rights vested hereunder or in the Bonds, the Loan Agreement, the Indenture or any of the documents contemplated hereby until the Bonds, together with all interest thereon, have been fully paid and discharged and all obligations of the Issuer thereunder and under the Loan Agreement and the Indenture are fully performed. Section 8. It is hereby declared that all parts of this resolution are severable and that if any section, paragraph, clause or provision of this resolution shall, for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this resolution. Section 9. All resolutions and ordinances or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 10. The Mayor, City Recorder and other officers of the Issuer are hereby authorized to execute all documents and take such action as they may deem necessary or advisable in order to carry out and perform the purpose of this resolution and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. All action heretofore taken by the Issuer, its officers and employees, with respect to the issuance and sale of the Bonds, is hereby ratified and confirmed. Section 11 . The Issuer hereby elects to have the provisions of Section 144(a) (4) of the Code (relating to the $10,000,000 small issue election) apply to the Bonds. Section 12. This resolution shall become effective immediately upon its adoption by the City Council. BD366 (PF) 4 Passed and approved this 21st day of November, 1989 by the City Council of Salt Lake City, Utah. SALT LAKE CITY, UTAH Chairperson ATTEST: City Recorder (S E A L) BD366 (PF) 5 After conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. SALT LAKE CITY, UTAH By Chairperson ( S E A L ) ATTEST: City Recorder BD366 (PF) 6 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I, Kathryn Marshall the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer") , do hereby certify according to the records of the Issuer' s City Council (the "Council") in my possession, that the foregoing constitutes a true, correct and complete copy of the proceedings of the Council held on November 21 , 1989, insofar as said minutes pertain to the matters set forth herein. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of the Issuer this 21st day of November, 1989. City Recorder ( S E A L ) BD366 (PF) 7 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned, the duly qualified City Recorder of Salt Lake City, do hereby certify, according to the records of such City in my official possession, and upon my own knowledge and belief, 1 .1 . that in accordance with the requirements of Section 52-4-6(2) , Utah Code Annotated 1953, as amended, I gave public notice of the agenda, date, time and place of the November 21 , 1989 public meeting held by the City Council by causing a Notice of Public Meeting to be posted at the principal office of the Council at 324 South State Street, in Salt Lake City, Utah on November , 1989, at least 24 hours prior to the convening of such meeting, in the form attached hereto as Schedule "1" ; such Notice of Public Meeting having continuously remained so posted and available for public inspection during the regular office hours of the City Council until the convening of the meeting; and causing a copy of said Notice of Public Meeting in the form attached hereto as Schedule "1" to be provided on November , 1989, at least 24 hours prior to the convening of such meeting, to the Salt Lake Tribune, a newspaper of general circulation within the geographic jurisdiction of the City, and to each local media correspondent, newspaper, radio station or television station which has requested notification of meetings of the City Council; and BD366 (PF) 8 1 .2. that in accordance with the requirements of Section 52-4-6(1) , Utah Code Annotated 1953, as amended, public notice of the 1989 Annual Meeting Schedule of the City Council was given specifying the date, time and place of the regular meetings of the City Council scheduled to be held during the year, by causing a Notice of Annual Meeting Schedule (in the form attached as Schedule "2") to be posted on , 1989, at the principal office of the City Council in Salt Lake City, Utah; such Notice of Annual Meeting Schedule having continuously remained so posted and available for public inspection during the regular office hours of the undersigned until the date hereof; and causing a copy of such Notice of Annual Meeting Schedule to be provided on , 1989, to a newspaper of general circulation within the geographic jurisdiction of Salt Lake City, Utah; IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Salt Lake City, Utah, this 21st day of November 1989. City Recorder (S E A L ) BD366 (PF) 9 SCHEDULE "1" AGENDA BD366 (PF) 10 SCHEDULE "2" NOTICE OF ANNUAL MEETING SCHEDULE BD366 (PF) 11 OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET. SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 November 17, 1989 MEMORANDUM TO: COUNCILMEMBERS FROM: CINDY GUST-JENSONQ fY 0' RE: REAR YARD - SIDE YARD ORDINANCE Per the Council's direction in Committee of the Whole Thursday evening, I have requested the Attorney's Office change item B. 1 . in the Rear Yard - Side Yard Ordinance. The officially revised copy of the ordinance will be available for Tuesday evening. A pen and ink change has been made on the copy that is attached. Also attached are the following documents: a. The transmittal letter and documentation from Craig Peterson. b. The Planning staff's original report. c. The recommendation from SLACC. Due to the fact that the Councilmembers have been involved in the drafting and refinement of this ordinance, no staff recommendation is included on the agenda. 107. 111 Y •1 ti C w S 1 14a_1 • SALT LAKE CITY COUNC►L ROGER F. CUTLER R� {T'�i,��J7 CITY ATTORNEY �I-, P I A\,aw,;(II_Y_r_G;ORPo �ATr- tom ASSISTANT ATTORNEYS STEVEN W. ALLRED ��� v� +i R GREGR. HAWKINS MONTGOMERY DEPUTY CITY ATTORNEY LAW DEPARTMENT LARRY V. SPENDLOVE BRUCE R. BAIRD CHERYL D. LUKE CITY AND COUNTY BUILDING FRANK M. NAKAMURA CITY PRCSECJTCR 451 SOUTH STATE STREET, SUITE 505 ASSISTANT PROSECUTORS SALT LAKE CITY, UTAH 84111 CECELIA M. ESPENOZA RICHARD G. HAMP TELEPHONE (801) 535-7788 GLEN A. COOK FAX (801) 535-7640 MEMORANDUM TO: Allen C. Johnson Planning and Zoning /Cindy Gust-Jenson City Council Office FROM: Bruce R. Baird Assistant City Attorne DATE: September 15, 1989 RE: Garage, Carport Amnesty Ordinance Pursuant to the Council ' s hearing on Tuesday, September 5, 1989 I have drafted an ordinance providing for a limited amnesty for existing garages, carports and patio covers which violate front, rear or side yard requirements. Based on the Council ' s discussion, and a report from the Planning staff, the originally contemplated requirement of "architectural compatibility" was dropped. Since the existing structures have to be more than 15 years old the imposition of the difficult to define requirement of "architectural compatibility" appeared to be fairly irrelevant. , It is my understanding that the draft ordinance will be considered by various neighborhood councils and, possibly, also the Planning Commission. After receiving final input from these bodies we will, of course, draft a completed ordinance. BRB:rc Attachment DRAFT SALT LAKE CITY ORDINANCE No. of 1989 ( Enacting Section 21.80.290 of Title 21 to Provide a Procedure for Legalizing Existing Violations of Side Yard and Setback Requirements for Existing Garages, Carports and Patio Covers ) AN ORDINANCE ENACTING SECTION 21. 80.290 OF TITLE 21, SALT LAKE CITY CODE, PROVIDING A PROCEDURE AND ESTABLISHING CONDITIONS FOR LEGALIZING EXISTING VIOLATIONS OF SIDE YARD AND SETBACK REQUIREMENTS FOR EXISTING GARAGES, CARPORTS AND PATIO COVERS. WHEREAS, the City Council of Salt Lake City, Utah has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony concerning the issue of legalizing existing violations of side yard and/or front or rear yard setback requirements for existing carports, garages and patio covers; and WHEREAS, the City Council believes it appropriate to provide certain procedures and conditions for the legalization of those existing conditions; THEREFORE, the City Council of Salt Lake City, Utah, hereby adopts the following amendments to Chapter 80 of Title 21 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21.80.290 Of Title 21, Salt Lake City Code, be, and the same hereby is, enacted to read as follows: 21.80.290 Legalization of existing garages, carports and patio covers. /\ In all residential districts, existing garages, carports, patio covers and similar structures which violate the zoning provisions for applicable side yards and/or front or rear yard setbacks may be legalized by the Board of Adjustment subject to the following procedures and conditions: A. In considering legalization petitions under this section, the Board of Adjustment shall follow the provisions and rules set out pursuant to Chapter 6 of Title 21 for the consi- deration of variances, including those provisions regulating notice to affected persons, filing fees, hearing procedures, appeal procedures and all other applicable procedures. B. If the Board of Adjustment finds that all of the following conditions have been met the Board shall issue an order legalizing the existing structure: 1 . The petitioner shall establish that the existing illegal structure was not constructed while the property was owned by the petitions Ort/, �p�r or/to/Izn�e/owneshi p/b/y the/p'et`i inner, /b /a/el /i e/of/A /pet t'c/ne'r); 2. The existing structure must have been constructed prior to 1975 as established by the City' s aerial photo series of April, 1975; 3 . At the time of the purchase by the petitioner there was no recorded notice of violation or certificate of noncompliance concerning the illegal structure recorded in the chain of title of the property; -2- 4 . The existing structure must be no closer to the front property line than the primary structure on the property or twenty feet, whichever is greater. 5 . The existing structure must maintain a minimum of three feet of landscaped side yard open space to the property line; 6. The existing structure must meet the standards of the Uniform Building Code in effect at the time of the construction of the property. SECTION 2. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER -3- (SEAL) Bill No. of 1989 . Published: BRB:rc -4- • SAW DEPARTMENT OF DEVELOPMENT SERVICES CRAIG E. PETERSCN :114 CITY AND COUNTY BUILDING DIRECTOR SALT LAKE CITY, UTAH 84111, _. 535-7777 . TO: Salt Lake City Council July 19, 1989 RE: Side Yards and/or Rear Yard Requirements Rer-om;le_ndation: That the City Council hold a public hearing on September 5, 1989 at 6:40 p.m. to discuss a proposed ordinance outlining conditions and a overlay zone to legalize certain garages, car ports and patio covers which were built without the proper permits and do not adhere to the prc nt side yard and/or rear yard requirements. Availability of Funds: Not applicable Discussion and Background: The Planning and Zoning Commission recommends the Zoning Ordinance not be changed to authorize the Board of Adjustment to legalize building additions. The Planning and Zoning Staff report supports this Planning Commission position but does propose certain conditions the Board of Adjustment could use if you wish to pursue this issue by adopting the acoropriate ordinance changes. These conditions are designed so that the Board of Adjustment can verify the hardships imposed by those • structures having been erected by previous owners as well as the Board can verify that the additions meet building code and reasonable separation from neighboring structures and property lines. After reviewing the staff report, Planning and Zoning Commission minutes and following numerous discussions with the Planning Staff, I believe the desires of the City Council can be achieved by coup] ing the following proposed conditions to be reviewed by the Board of Adjustment with an overlay zone: I. Proof that the offending structure was not built by the petitioner or relative. 2. Proof that the offending structure existed prior to 1975. 3. The offending structure must maintain a 10-foot minimum distance to any adjacent dwelling. • • • 4. ThP patit-.inner purchased the property without notice of violation, meaning a Certificate of Non -compliance had not been recorded against the deed of the property. 5. The offending structure must be no closer to the front property line than the primary structure or 20 feet, whichever is greater. 6. The offending structure must maintain a minimum of 3 feet of landscaped ccen space to the property line. 7. The offending structure must moot the standards of the Uniform Building Code. • 8. The structure must be architecturally corupatible with the primary structure and the neighborhood. The overlay zone process is simple. It places the responsibility for its enac;Uo nt on a consensus within the neighborhood and requires a legislative action by the City Council. A recommendation is required from the Planning and Zoning Corranission. This process ensures neighborhood involvement and the Planning Staff conditions verify the presence of hardship and the compliance with building code standards. Should you concur with the recommendation after the public hearing, the City Attorney with the Planning Staff should be directed to prepare the necessary overlay ordinance that can then be enacted should a specific neighborhood request it. Legislative Action: No ordinance has bean prepared due to the complex issues that can not be resolved until a public hearing has been held. Submitted by: CRAIG E. PE1ERSCN Director • 1 f/ • • '3 SALT. rAA a,;canr@on n�,, lI:O• f ___....._.._ - ter .�..�.�...�:�....... DEPARTMENT OF DEVELOPMENT SERVICES CRAIG E. PETERSON :T1'4 CITY AND COUNTY'BUILDING DIRECTOR , SALT.LAKE CITY. UTAH 84111, 53 77 •- .- --.. July 17, 1989 Mayor Palmer DePaulis Salt Lake City Corporation 451 South State Strcct Salt Lake City, UT 84111 Dear Mayor DePaulis: Attached please find the Planning and Zoning Commission's recommendation concerning the City Council's request to change the Zoning Ordinance so as to authorize the Board of Adjustment to legalize certain garages, car ports and patio covers which were built without the proper permits and do not adhere to the present side yard and/or rear yard requirements. The Planning and Zoning Commission recommends the Zoning Ordinance not be changed to authorize the Board of Adjustment to legalize these building additions. The Planning and Zoning staff report supports this Planning Commission position but does propose certain conditions if the City Council wishes to pursue this issue by adopting the appropriate ordinance changes. These conditions are designed to verify the hardships imposed by those structures having been erected by previous owners as well as to verify that the additions meet building code and reasonable separation from neighboring structures and property lines. After reviewing the staff report, Planning and Zoning Commission minutes and following numerous discussions with the Planning Staff, I believe the desires of the City Council can be achieved by coupling the proposed conditions contained in the Planning Staff report with an overlay zone similar to the one I have proposed to deal with the recreation vehicle parking issue. The overlay zone process is simple. It places the responsibility for its • enactment on a consensus within the neighborhood and requires a legislative action by the City Council. A recommendation is required from the Planning and Zoning Commission. This process ensures neighborhood involvement and the planning Staff conditions verify the presence of hardship and the Mayor Palmer DePaulis July 17, 1989 Pace T o • compliance with building code standards. Upon receipt of your comments concerning this recommendation, I will request the City Attorney's office work with the Planning Staff to prepare the necessary ordinance and schedule briefing and public hearing dates before. the City Council. Sincerely, Craig E. Peterson Director C'VP:skin 7. • Ti' r �q inu r(cuorm .s toN,1 ALLEN C.JOHNSCN. AICP PLANNING ANO ZONING PLANNING CIREl:.0+7 COMMUNITY AND ECONOMIC DEVELOPMENT COMMISSION MEMBERS: WILLIAM T. WRIGHT. AICP PLANNING DIVISION RALPH BECKER OEPUTY OPEC-CA DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINOY CROMER ANO URBAN CES:GN THOMAS A. ELLISCN 451 SOUTH STATE STREET LAVONE LIOOLE-GAMONAL SANDRA MARLER ROOM 406, CITY AND COUNTY BUILDING RICHARO J. HOWA SECRETARY RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN July 7, 1989 Mr. Craig E. Peterson, Director Community & Economic Development Salt Lake City Corporation 451 South State Street, Room 218 Salt Lake City, UT 84111 • Dear Craig: The Salt Lake City Planning and Zoning Commission has reviewed the proposed City Council legislation intent which would authorize the Board of Adjustment to legalize certain garages, carports and patio covers which have boon built without permits and do not have proper side yard and/or rear yard setbacks. . The Planning Staff has analyzed the existing ordinance and potential alternative changes to address the issues raised by the City Council and has recc,Trnnded not to enact such legislation. At the Planning Commission meeting on May 25, 1989, the CumAssion voted unanimously to recommend to the City Council not to change the existing Zoning Ordinance prohibiting accessory structures in the side and rear yards without adequate setbacks. The Planning Commission and Planning Staff believe the existing City urban design policies and standards governing accessory structures are proper and all residents should abide by these standards unless - a legitimate hardship is associated with a specific site. In those cases, the Board of Adjustment presently has the authority to grant variances. While studying possible alternatives, the staff concluded that in order to abide by the Uniform Building Code (for health, safety and welfare of City residents) , the ordinance would need to contain a host of conditions and provisions. Most, if not all, of the existing situations which the City Council is trying to address, would not be able to be granted because those structures could not comply with the Uniform Building Code provisions. - - v 77 Mr. Craig F. Peterson July 7, 1989 Page Two The Planning Commission respectfully recommends that the City Council not pursue a new ordinance authorizing the Board of Adjustment to legalize certain existing garages, carports and patio covers built without proper side and/or rear yard setbacks. The Planning Commission finds that the existing ordinance and City zoning enforcement procedures assure compliance with master planning coals for Salt Lake City's neighborhoods. Applying consistent standards of develccment will assure aesthetic design of our residential neighborhoods and provide standards for health, safety and welfare of Salt Lake City's residents. If the City Council should decide to proceed with a new ordinance, the Planning Staff would recommend eight conditions for approval of any legalization. The staff requests the opportunity to discuss these conditions with the City Council. Attached are the Planning Staff report and Planning Commission minutes for their review. If you have additional questions, please let me know. Respectfully submitted, • /1a. Allan C. Johnson, AICP Planning Director ACJ:skm • attachments PC lMigJrFS May 25, 1989 Pace 6 • . / Mr. Allegra frcm UTA explained that this first phase was simply to obtain the • preference on type of system and that technical details involved in the ;76w'y' i W1eTentaticn and actual location of the system would be covered durinc th- b: rl next chase of the study. 'LV✓ Following the detailed and lengthy discussion, Mr. Neilson moved to recommend the iota system as the preference cf the Salt Lake City Planning and Zcninc Commission to the Transportation L nlementaticn Committee. Mr. Nicolatus seconded the motion; all voted "Aye." The motion passes. ri Northwest Community Plan Update. Mr. ;;c;rscn informed the Planning Commission that in 1980, the Planning Cc:,.��.issicn and the City Council adopted the Northwest Community Master Plan. 1•+s. Jardine asked if any of the Planning Ccrrani ssicners had any Questions cn the ucdate which they were already familiar with, and retested a hearing date for this matter to be heard by the Planning Commission. ti+r. Nicolatus moved to schedule this hearing for June 22, 1989. Ms. Liddle- C_monal seconded the motion; all voted "Aye." The motion passes. n =-••cs legislation which would authorize the Board of Adjustment to lecal_ze Carta'n caraces, carports and patio covers which have been built without building Permits and do not have the proper side yard and/or rear yard setbacks. Mr. Merrill Nelson presented the staff report and state that enforcement crccedures taken against many illegally located garages, carports and patio covers in the Yalecrest and Rose Park areas in 1986-1987 have revealed that ofta_n the present owners were not the persons responsible for the illegal ccr_truction. Many cases have developed were the present owner has unwittingly purchased property without the proper side yard and/or rear yard sit ticks and the length of time that has past preempts the reasonable recourse to owner may have against the original seller of the property. The present owner is, therefore, subject to a real property loss if the zoning enforcement were to proceed. • Ln order to protect the many citizens who become victims of other owners who built structures without the proper building permits, the City Council has proposed legislation which would authorize the Board of Adjustment to legalize certain garages, carports and patio covers. M.,r. Nelson stated that the Uniform Building Code requires garages and carport to have a "one-hour" fire wall when the structure is located within three feet of the property line. This is a life-safety recuirement designed to prevent the =Dread of fire frcm one property to the next. Most of the enforcement cases involved structures which were built on or near the property line and would be subject to this Building Code requirement. �- PC MINUTES May 25, 1989 Page 7 The propriety of legalizing a structure simply because it already exists must aLo be considered. If a variance is granted because the structure a_.readv_ exists and not because of a hardship related to the property, the obvious motive for the variance is economic. Much evidence exists in case law which indicates that economics are not to have a role in considering a zoning variance. If the city were to pursue legislation that allows a legalization process, the star: would recommend the following conditions be met by the petitioner: 1. Proof that the offending structure _was not built by the petitioner nor a relative. 2. Proof that the offending structure existed prior to 1975. • 3. The offending structure must maintain a 10-foot minimum distance to any adjacent dwelling. 4. The petitioner purchased the property without notice of violation, meaning a Certificate of Noncompliance had not been recorded against the deed of the property. . • 5. The offending structure must be no closer to the front property line than the primary structure or 20 feet, whichever is greater. 6. The offending structure must maintain a minimum of 3 feet of landscaped open space to the property line. 7. The offending structure must meet the standards of the Uniform Building Code. 8. The structure must be architecturally compatible with the primary structure and the neighborhood. . . Mr. Nelson said that separating dwellings in residential zones, by requiring minirrun landscaped side and rear yard setbacks, is a significant planning cbjertive. The proposed ordinance would substantially reduce this desired secaratinn. Also, rewired side and rear .yard setbacks contribute highly to the cuality of life as these setbacks.buffer noise and activities from one neighbor to the next. Mr. Nelson added that the City Master Plans are suroortive of open space, visual compatibility, and urban design developed to . the property line is not consistent. Mr. Nelson stated that the Planning Staff believes the proposed legislation would be detrimental to the master plan for residential areas resulting in visual incompatibility and would encourage eventual conversion into living scece. By opposing this legislation, we realize that sore innocent people may suffer some financial loss; however, the quality of life for neighborhoods is, in cur opinion, a higher priority. The staff recommends that the city does not create ordinances that would authorize the Board of Adjustment to legalize carports, garages and patio covers in required yard areas. May 25, 1989 Pace 8 Ms. Liddle-Garnonal asked if property owners are informed of the . conforming/nonconforming status of the property they are purchasing at the • time they purchase the property. Mr. Nelson re_sccnded that it would be possible to buy a piece of property that is nonconforming since the title report only deals with the deed of the property against financial encumbrances and not Zoning Ordinance issues. Mr. Johnson stated that the staff is recommending the ordinance not be revi=_=e because the majority of the violations would still exist and reed enforcement even after the ordinance revision. Mr. Johnsen added that enforcement is usually on a complaint basis due to a shortage of enforcement officers and when one neighbor has a complaint filed against him, he in turn, complains about everyone else in the neighborhood who is in violation of the ordinance. Mr. Johnsen added that he did not feel changing the ordinance, instead of the way the enforcemene is are handled, is the best alternative. Mr. Nicolatus stated he feels the citizens who comply with the Zoning Ordinance, or those who are adjacent to someone in violation of the ordinance, neod to be acknowledged. Mr. Howe moved to accept staff's recommendation to recommend that the City Council not create legislation regarding authorization for the Board of Adjustment to legalize certain garages, carports and patio covers which have been built without building permits and do not have the proper side yard and/or rear yard setbacks. Mr. Becker seconded the motion; all voted "Ave." The motion passes. CIE BUSINESS Lnrormal R/UDAT Meeting Mr. Schumann stated that Mr. Chuck Davis of R/UDAT will be in town on Friday, June 16th, and is desirous of mooting with the Planning Commissioners at 9:00 a.m. to discuss R/UDAT. It was suggested the secretary make reminder calls on Thursday, June 15th. • Thee being no further business, the mooting adjourned at 8:00 p.m. •//1/1/‘-// 1/1 4,&) • rotary ROGER F. CUTLER A T A �mar G�RPr( ° e� Itotlf ASSISTANT ATTORNEYS CITY ATTCRNEI' �� 1 `` 1 RAY L. MONTGOMERY -v GREG R. HAWKINS STEVEN W. ALLRED LAW DEPARTMENT LARRY V. SPENDLOVE oEPUTraTYArrcRNEr BRUCE R. BAIRD CHERYL D. LUKE CITY AND COUNTY BUILDING FRANK M. NAKAMURA CITY PROSECUTOR 451 SOUTH STATE STREET, SUITE 505 ASSISTANT PROSECUTCRS SALT LAKE CITY, UTAH 84111 CECELIA M. ESPENCZA RICHARD G. HAMP TELEPHONE (801) 535-7788 GLEN A. COOK FAX (801) 535-7640 CARLOS ESCUEDA MEMORANDUM TO: Craig Peterson, Director Development Services FROM: Bruce R. Baird /f� Assistant City Attorney DATE: July 16, 1989 RE: Overlay Zones for Recreational Vehicles and Garages On Wednesday, July 26, 1989 LuAnn brought me your memos dated July 19 and July 20, 1989 addressed to the City Council regarding proposed "overlay zones" allowing for amnesty for illegal garages and for recreational vehicle parking in side yards respectively. I understood from LuAnn that you needed comments on these two proposals quickly. This letter provides those comments. Given the brief amount of time this memorandum does not purport to be an in-depth discussion of the two proposals but merely the first preliminary opinion from our office. General Concerns . Administration of the various overlay zones coLid become — bureaucratically difficult and confusing for both the City administration and our citizens. To the extent that a court might determine that due to the proliferation of these zones no reasonable citizen could figure out the exact status of their Craig Peterson, Dir Y - r July 26, 1989 Page -2- property we might have difficulty enforcing certain provisions related to the various overlay zones. Additionally, the overlay zone process contains the potential for discrimination in favor of "squeaky wheels. " That is, those citizens with an axe to grind and the ability to use the system may succeed in having the overlay zones applied where other citizens with less effective access to the process may simply give up in frustration despite justifiable claims. Obviously, to ease both of the above problems it would be simpler for the ordinances, assuming without deciding that they are useful from a planning standpoint, on a city-wide basis. Specific Problems. Creation of the actual overlay ordinances, except as noted above, is not terribly difficult. However, when the time comes to apply the "overlays" to the zoning maps great care would need to be taken to determine that the district overlaid with the zone met the rational relationship test for zoning ordinances. That is, planning reasons would need to be articulated why the district furthered the City' s comprehensive land use plan. It is not sufficient to meet the comprehensive planning objectives to simply say "the people of one particular area want it. " The line drawing, in applying the overlay zones, must rationally further the City' s comprehensive land use objectives. Another specific problem concerns the "amnesty" overlay zone for garages, etc. Condition No. 8, of "architectural compatibility, " is a very discretionary determination to place with the board as written. It would probably require more specifics (e.g. matching colors, matching building materials, etc. ) . Concerning the recreational vehicle overlay zone, it would be necessary before drafting the ordinance to come up with definitions for a great number of terms in the proposal. Speci- fically, "motor home, " travel trailer, " "recreational vehicle" and other terms . Condition No. 4, requiring approval from the affected, abutting property owners, is almost certainly impermissible. The Utah Supreme Court has already held that granting of variances and other zoning functions requires a comprehensive plan and cannot be conditioned upon neighbor approval. Craig Peterson, Dirk:: or July 26, 1989 Page -3- Even should these other concerns be dealt with the process of drafting the ordinance for recreational vehicles will be long and complicated due to the great number of considerations which must be specified. If you have any further questions please let me know. I apologize for the rough nature of this memorandum but ask you to remember it was written on very short notice pursuant to your request. BRB:rc cc: Roger F. Cutler Allen C. Johnson i SALT LAKE CITY PLANNING O M4ISSICN STAFF REDS REGARDING TRIISLATICN WHICH WOULD AUI'HORI7F THE BOARD OF ADJUSTMENT TO LEGALIZE CERTAIN GARAGES, CARPORTS AND PATIO COVERS WHICH HAVE BEEN BUILT WITHOUT BUILDING PERMIT'S AND DO NOT HAVE THE PROPER SIDE YARD AND/CR REAR YARD SETBACKS OVERVIEW AND BACKGROUND Enforcement procedures taken against many illegally located garages, carports and patio covers in the Yalecrest and Rose Park areas in 1986-1987 have revealed that often the present owners were not the persons responsible for the illegal construction. Many cases have developed were the present owner has unwittingly purchased property without the proper side yard and/or rear yard setbacks and the length of time that has past prcanpts the reasonable recourse the owner may have against the original teller of the property. The present owner is, therefore, subject to a real property loss if the zoning enforcement were to proceed. In order to protect the many citizens who become victims of other owners who built structures without the proper building permits, the City Council has proposed legislation which would authorize the Board of Adjustment to legalize certain garages, carports and patio covers. ANALYSIS The Uniform Building Code requires garages and carports to have a "one-hour" fire wall when the structure is located within three feet of the property line. This is a life-safety requirement designed to prevent the spread of fire from one property to the next. Most of the enforcement cases involved structures which were built on or near the property line and would be subject to this Building Code requirement. Many would argue that enclosing a carport with a wall would be visually and functionally less desirable than the open carport. Enclosing a carport with walls is also the first step towards an eventual conversion to living space which has also been a problem in many of the older neighborhoods compri:�ed of smaller homes. The propriety of legalizing a structure simply because it already exists must also be considered. If a variance is granted because the structure already exists and not because of a hardship related to the property, the obvious motive for the variance is economic. Much evidence exists in case law which indicates that economics are not to have a role in considering a zoning variance. If the city were to pursue legislation that allows a legalization process, the staff would recommend the following conditions be met by the petitioner: 1. Proof that the offending structure was not built by the petitioner nor a relative. 2. Proof that the offending structure existed prior to 1975. p • 3. The offending structure must maintain a 10-foot minimum distance to any adjacent dwelling. 4. The petitioner purchased the property without notice of violation, meaning a Certificate of Noncompliance had not been recorded against the deed of the property. 5. The offending structure must be no closer to the front propriety line than the primary structure or 20 feet, whichever is greater. 6. The offending structure must maintain a minimum of 3 feet of landscaped open space to the property line. 7. The offending structure must moat the standards of the Uniform Building Code. 8. The structure must be architecturally compatible with the primary structure and the neighborhood. MASTER PLAN CCNSIDERATICNS Separating dwellings in residential zones, by requiring minimum landscaped side and rear yard setbacks, is a significant planning objective. The proposed ordinance would substantially reduce this desired separation. Also, required side and rear yard setbacks contribute highly to the quality of life as these setbacks buffer noise and activities frcm one neighbor to the next. City Master Plans are supportive of open space, visual compatibility, and urban design developed to the property line is not consistent. CONCLUSION The planning staff believes that the proposed legislation would be detrimental to the master plan for residential areas resulting in visual incompatibility and would encourage eventual conversion into living space. By opposing this legislation, we realize that some innocent people may suffer some financial loss; however the quality of life for neighborhoods is, in cur opinion, a higher priority. RECTICN The staff recommends that the city does not create ordinances that would authorize the Board of Adjustment to legalize carports, garages and patio covers in required yard areas. MN �E ASSO SLACC 324 South State Street, First Floor Salt Lake City, Utah 84111 111""WEI c; Telephone(801)535-7915 T November 17. 1989 Members of the Salt Lake City Council City & County Building 451 South State Salt Lake City, UT 84111 Dear Council Members, The SLAG Board passed the following motion Wednesday, November 8, 1989: The Salt lake Association Of Community Councils' position on side yard and /or front or rear yard setback requirements is to retain the exist- ing standards of the Salt Lake Zoning Ordinance and protect the quality of life for neighborhoods. Respectfully, (2-7;47"-(fer Stan Penfold SLACC Chair Law Offices of CHAPMAN AND CUTLER a partnership including professional corporations odore S.Chapman 50 South Main Street, Salt Lake City, Utah 84144 2 North Central Avenue 7-1943 Phoenix,Arizona 85004 Henry E.Cutler FAX(801)533-9595 256 4Ca0 1879-1959 Telephone(801)533-0066 100 Peachtree Street,N.W. Atlanta,Georgia 30303 November 16, 1989 (404)420-1420 Richard J.Scott III West Monroe Street Chicago,Illinois 60603 Salt Lake City Municipal Council (312)845-3000 Salt Lake City Corporation City and County Building 451 South State Street Salt Lake City, Utah 84111 Attention: Jan Nielson Re: $22,760,000 Salt Lake City, Salt Lake County, Utah Airport Revenue Refunding Bonds, Series 1993 Dear Jan: In accordance with our telephone conversation, enclosed are 16 copies of the suggested form of proceedings for Municipal Council action on the above-captioned financing at next Tuesday evening's meeting. Enclosed in the proceedings is a suggested form of supplemental resolution authorizing the issuance of the bonds under the City's master airport resolution. We understand that consideration of the supplemental resolution has been included in the agenda for the Municipal Council meeting and that appropriate notice will be given in satisfaction of the requirements of the Utah open meeting law. I will attend the Municipal Council meeting and will be available to answer any questions which may arise. In the meantime, please call if any questions arise before the meeting. Very truly yours, CHAPMAN AND CUTLER By Richard J. Scott RJS/jgl Enclosures cc: Louis E. Miller w/enclosure John Wheat w/enclosure Linda Hamilton w/enclosure Verl F. "Buzz" Hunt w/enclosure HAND DELIVERED Salt Lake City, Utah November 21, 1989 The Municipal Council of Salt Lake City, Salt Lake County, Utah (the "Municipal Council"), pursuant to due notice met in regular public session on November 21, 1989, at the hour of 6:00 o'clock P.M., at the regular meeting place of the Municipal Council in Room 304 in the City and County Building, 451 South State Street, in Salt Lake City, Utah. The meeting was duly called to order by Councilmember Fonnesbeck, who was conducting, with the following members being present, constituting a quorum of the Municipal Council: W.M. Stoler Chair Alan G. Hardman Vice Chair Thomas M. Godfrey Councilmember Sydney R. Fonnesbeck Councilmember L. Wayne Horrocks Councilmember Roselyn Kirk Councilmember Florence Bittner Councilmember Absent: None. There were also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder. The City Recorder presented to the Municipal Council an affidavit evidencing the giving of not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the November 21, 1989, regular meeting of the Municipal Council in compliance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, by (1) posting written notice of the meeting at the principal office of the Municipal Council, and (2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, Utah (the "City"), or to a local media correspondent. The affidavit was ordered recorded in the minutes of the meeting and is as follows: -2- STATE OF UTAH ) ) COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify, according to the records of said City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time, and place of the November 21, 1989, regular public meeting held by the Municipal Council of Salt Lake City, Salt Lake County, Utah, by: (a) causing a Notice of Public Meeting to be posted at the principal office of the Municipal Council at Room 325, City and County Building, 451 South State Street, in Salt Lake City, Utah, on November 17, 1989, at least twenty-four (24) hours before the convening of the meeting, in the form attached hereto as Exhibit A; said Notice of Public Meeting having continuously remained so posted and available for public inspection during regular office hours until the convening of the meeting; and (b) causing a copy of the Notice of Public Meeting in the form attached hereto as Exhibit A to be provided on November 17, 1989, at least twenty-four (24) hours before the convening of the meeting, to The Salt Lake Tribune and the Deseret News, newspapers of general circulation within the geographic jurisdiction of Salt Lake City, Utah, and to each local media correspondent, newspaper, radio station, or television station which has requested notification of meetings of the Municipal Council. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Salt Lake City, Salt Lake County, Utah, this 21st day of November, 1989. Kathryn Marshall City Recorder Salt Lake City, [SEAL] Salt Lake County, Utah -3- EXHIBIT A [Attach Copy of Meeting Notice] A-1 Thereupon, the following resolution was introduced in written form by Council- member and, pursuant to motion duly made by and seconded by , was adopted and approved by the following vote: Aye: W.M. Stoler Alan G. Hardman Thomas M. Godfrey Sydney R. Fonnesbeck L. Wayne Horrocks Roselyn Kirk Florence Bittner. Nay: None. Absent: The resolution was thereupon presented to and approved and signed by the Mayor in open meeting, was approved as to form and signed by the City Attorney, was signed by the Chair of the Municipal Council, and was attested and recorded by the City Recorder in the official records of said City. The resolution is as follows: -4- SALT LAKE CITY, SALT LAKE COUNTY, UTAH Supplemental Resolution No. 122 of 1989 Authorizing the Issuance and Sale of $20,760,000 Airport Revenue Refunding Bonds, Series 1993 Adopted November 21, 1989 TABLE OF CONTENTS ARTICLE I DEFINITIONS Section Page 101. Definitions 2 102. Authority for Series 1993 Supplemental Resolution 5 ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 1993 BONDS 201. Authorization of Bonds, Principal Amount, Designation and Series 5 202. Finding and Purpose 6 203. Maturities and Interest Rates 6 204. Registered Bonds; Denomination and Numbers 7 205. Paying Agent 7 206. Sinking Fund and Optional Redemption 7 207. Sale of Series 1993 Bonds 10 208. Execution of Series 1993 Bonds 11 209. Delivery of Series 1993 Bonds 11 210. Initial Purchase Agreement 11 211. Further Authority 11 212. Book-Entry System; Limited Obligation of City 12 213. Representation Letter 12 214. Transfers Outside Book-Entry System 13 215. Payments to Cede 13 ARTICLE III ESTABLISHMENT OF COST OF ISSUANCE FUNDS, APPLICATION OF SERIES 1993 BOND PROCEEDS AND OTHER MONEYS 301. Series 1993 Cost of Issuance Fund 13 302. Application of Proceeds of Series 1993 Bonds and Certain Other Moneys 14 303. Series 1993 Bond Service Subaccount 14 304. Series 1993 Debt Service Reserve Subaccount 14 -i- ARTICLE IV DEFEASANCE AND REDEMPTION OF REFUNDED BONDS 401. Defeasance of Refunded Bonds 15 402. Redemption of Refunded Bonds 15 403. Escrow Agreement 16 ARTICLE V FORM OF SERIES 1993 BONDS 501. Form of Series 1993 Bonds 16 ARTICLE VI COMPLIANCE WITH REBATE AND OTHER REQUIREMENTS OF THE CODE 601. Authorization and Covenants 25 602. Additional Payments 26 603. Investments To Be Legal 26 604. Opinion of Bond Counsel; Amendments 26 605. Additional Covenants; Agreements 26 ARTICLE VII SERIES 1993 RESERVE INSTRUMENT 701. Authorization 26 702. Draws on Series 1993 Reserve Instrument 27 703. Remedies of Series 1993 Reserve Instrument Issuer 28 704. No Assignment of Series 1993 Debt Service Reserve Instrument or Revenues 28 705. Consent of FGIC for Other Reserve Instruments 28 706. Replacement of FGIC as Series 1993 Reserve Instrument Issuer 28 -ii- ARTICLE VIII SERIES 1993 SECURITY INSTRUMENT 801. Authorization 28 802. Payments to Series 1993 Bondholders; Subrogation 29 803. Limitation on Issuance of Additional Bonds 30 804. Limitation on Rights of Bondholders under Article VIII of the Resolution 30 805. Access to Registration Books 30 806. Supplemental Resolution Transcript 30 807. Additional Conditions for Defeasance 30 808. Notice 31 809. Reports and Information 31 810. Series 1993 Reserve Instrument Issuer as Third-Party Beneficiary 32 811. Replacement of FGIC as Series 1993 Security Instrument Issuer 32 ARTICLE IX MISC ELLANEOUS 901. System of Registration 32 902. Article and Section Headings 32 903. Partial Invalidity 32 904. Effective Date 32 -iii- SUPPLEMENTAL RESOLUTION NO. 122 of 1989 authorizing the issuance and confirming the Sale of $20,760,000 Airport Revenue Refunding Bonds, Series 1993 of Salt Lake City, Salt Lake County, Utah; providing for the refunding and redemption of a portion of the City's Outstanding Airport Revenue Bonds, Series 1983; authorizing the execution and delivery of an Agreement to enter into Escrow and Forward Purchase Agreement, an Escrow and Forward Purchase Agreement, a Refunding Escrow Agreement, and related documents and certificates; authorizing the preparation and distribution of a preliminary and final offering statement; and related matters. WHEREAS, the City has previously acquired improvements and extensions to the public utility of the City comprising its City Airports, and has financed the cost thereof by the issuance of the City's airport revenue bonds pursuant to Resolution No. 81 Providing for the Issuance of Airport Revenue Bonds, adopted October 17, 1978, as supplemented; and WHEREAS, favorable market conditions currently exist permitting the sale of the City's airport revenue refunding bonds to refund a portion of the airport revenue bonds referred to above, and thereby achieve interest cost savings; and WHEREAS, the bonds to be refunded are not subject to call for redemption prior to June 1, 1993, and, under the provisions of the Internal Revenue Code of 1986, tax- exempt refunding bonds may not be issued more than 90 days prior to the redemption or maturity of the bonds being refunded; and WHEREAS, arrangements have been made for purchasers of the City's airport revenue refunding bonds to deposit the purchase price for such refunding bonds in an escrow account, such purchase price to be held and invested until delivery of such refunding bonds in 1993, provided that the City now authorizes the issuance and delivery of such refunding bonds and enters into appropriate contracts pursuant to which the City will deliver such refunding bonds in 1993; and WHEREAS, the Municipal Council of the City adopted Resolution No. 45 of 1989 Providing for the Issuance of Airport Revenue Bonds on April 11, 1989, pursuant to which such refunding bonds may be issued; and WHEREAS, in order to refund a portion of the City's outstanding airport revenue bonds for the purpose of achieving interest cost savings, it is deemed necessary and advisable for the City to issue its airport revenue refunding bonds pursuant to such Resolution No. 45 of 1989 and this Supplemental Resolution No. 122 of 1989; NOW, THEREFORE, Be It Resolved by the Municipal Council of Salt Lake City, Salt Lake County, Utah, as follows: ARTICLE I DEFINITIONS Section 101. Definitions. (a) Except as provided in Section 101(b), all defined terms contained in the Resolution shall have the same meanings when used in this Series 1993 Supplemental Resolution as set forth in the Resolution. (b) As used in this Series 1993 Supplemental Resolution, the following terms shall have the following meanings, unless the context otherwise requires: "Bank" means West One Bank, Utah of Salt Lake City, Utah. "Bond Counsel" means Chapman and Cutler, or other counsel of nationally recognized standing in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any state of the United States. "Cede" means Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Series 1993 Bonds pursuant to Section 212 hereof. "Closing Date" means the date of the delivery of the Series 1993 Bonds to the purchasers thereof pursuant to the Forward Purchase Agreement. "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Escrow Agent" means West One Bank, Utah of Salt Lake City, Utah. "Escrow Agreement" means the Refunding Escrow Agreement dated as of November 1, 1989, by and between the City and the Escrow Agent providing for payment of the redemption price and interest on the Refunded Bonds called for redemption on or prior to their retirement pursuant to their call for redemption. "Escrow Account" means the Escrow Account established in the Escrow Agreement. "FGIC" means Financial Guaranty Insurance Company, and its successors and assigns. "Forward Purchase Agreement" means the Escrow and Forward Purchase Agreement, dated as of November 1, 1989, among the City, the Underwriters and the Bank, pursuant to which the Series 1993 Bonds are to be sold by the City. "Initial Purchase Agreement" means the Agreement to Enter Into Escrow and Forward Purchase Agreement dated November 21, 1989, among the City and the Underwriters. "Issue Date" means April 15, 1993, as designated in Section 203(c) hereof. -2- "Participants" means those broker-dealers, banks and other financial institutions from time to time for which DTC holds Series 1993 Bonds as securities depository. "Person" means natural persons, firms, partnerships, associations, corporations, trusts, public bodies and other entities. "Prior Lien Bonds" means, collectively, the City's $37,000,000 Airport Revenue Bonds, Series 1978, dated November 1, 1978, and the City's $25,500,000 Airport Revenue Bonds, Series 1983, dated June 1, 1983. "Prior Lien Resolution" means the master resolution no. 81 adopted by the Board of Commissioners of the City on October 17, 1978, as supplemented and amended from time to time, including (a) the supplemental resolution adopted by the Board of Commissioners of the City on October 17, 1978 in connection with the issuance by the City of its $37,000,000 Airport Revenue Bonds, Series 1978, dated November 1, 1978, and (b) the supplemental resolution adopted by the Municipal Council of the City on May 24, 1983, in connection with the issuance by the City of its $25,500,000 Airport Revenue Bonds, Series 1983, dated June 1, 1983. "Record Date" means the fifteenth day of the month next preceding any interest payment date. "Refunded Bonds" means the Series 1983 Bonds maturing on and after June 1, 1993, in the aggregate principal amount of $23,500,000 bearing interest at the rates and falling due on June 1 of each of the years as follows: Year Amount Interest Rate 1993 $ 750,000 9.20% 1994 750,000 9.20 1995 750,000 9.20 1996 750,000 9.20 1997 1,000,000 9.30 1998 1,000,000 9.40 1999 1,000,000 9.50 2000 1,000,000 9.60 2001 1,000,000 9.70 2002 1,500,000 9.75 2003 1,500,000 9.80 2004 1,500,000 9.80 2005 1,500,000 9.90 2006 1,800,000 9.90 2007 3,500,000 9.90 2008 4,200,000 9.90 "Representation Letter" means the Letter of Representations from the City to DTC relating to the Series 1993 Bonds. -3- "Resolution" means Resolution No. 45 of 1989 Providing for the Issuance of Airport Revenue Bonds, adopted by the Council on April 11, 1989, as supplemented and amended from time to time, including (a) Supplemental Resolution No. 46 of 1989 adopted on April 11, 1989 in connection with the issuance by the City of its $30,520,000 Airport Revenue Bonds, Series 1989, and (b) this Series 1993 Supplemental Resolution. "Series 1983 Bonds" means the City's Airport Revenue Bonds, Series 1983, issued pursuant to the Prior Lien Resolution. "Series 1989 Bonds" means the City's Airport Revenue Bonds, Series 1989, issued pursuant to the Resolution. "Series 1993 Bond Service Subaccount" means the Series Subaccount for the Series 1993 Bonds in the Bond Service Account established in Section 303 hereof. "Series 1993 Bonds" means the Airport Revenue Refunding Bonds, Series 1993 authorized to be issued in Article II hereof. "Series 1993 Cost of Issuance Fund" means the Series 1993 Cost of Issuance Fund established in Section 301 hereof. "Series 1993 Credit Enhancement Costs" means the premium, fees, expenses and other costs payable to the Series 1993 Reserve Instrument Issuer for the Series 1993 Reserve Instrument and to the Series 1993 Security Instrument Issuer for the Series 1993 Security Instrument. "Series 1993 Debt Service Reserve Requirement" means the amount of $2,444,384.50 (being the average annual Debt Service on the Series 1993 Bonds). "Series 1993 Debt Service Reserve Subaccount" means the Series Subaccount for the Series 1993 Bonds in the Debt Service Reserve Account established in Section 304 hereof. "Series 1993 Reserve Instrument" means (i) the Municipal Bond Debt Service Reserve Fund Policy issued by the Series 1993 Reserve Instrument Issuer pursuant to the Series 1993 Reserve Instrument Agreement, or (ii) if the Series 1993 Reserve Instrument Issuer is not FGIC, then the Reserve Instrument issued by the Series 1993 Reserve Instrument Issuer. "Series 1993 Reserve Instrument Agreement" means (i) the Debt Service Reserve Fund Policy Agreement dated as of , 1989 between the City and FGIC, or (ii) if FGIC is not the Series 1993 Reserve Instrument Issuer, the debt service reserve fund policy agreement, if any, between the Series 1993 Reserve Instrument Issuer and FGIC. "Series 1993 Reserve Instrument Issuer" means (i) FGIC, as issuer of the Series 1993 Reserve Instrument, or (ii) such other municipal bond insurance company as may be determined by the City pursuant to Section 706 hereof. -4- "Series 1993 Reserve Instrument Repayment Obligations" means, as of any date of calculation and with respect to the Series 1993 Reserve Instrument Agreement, those outstanding amounts payable by the City under such Series 1993 Reserve Instrument Agreement necessary to repay the Series 1993 Reserve Instrument Issuer for payments previously or concurrently made by it pursuant to and designated as Reserve Instrument Repayment Obligations in Section 701(b). "Series 1993 Security Instrument" means (i) the Municipal Bond New Issue Insurance Policy issued by the Series 1993 Security Instrument Issuer, or (ii) if the Series 1993 Security Instrument Issuer is not FGIC, the Security Instrument issued by the Series 1993 Security Instrument Issuer. "Series 1993 Security Instrument Issuer" means (i) FGIC, as issuer of the Series 1993 Security Instrument, or (ii) such other municipal bond insurance company as may be determined by the City pursuant to Section 811 hereof. "Series 1993 Supplemental Resolution" means this Supplemental Resolution No. 122 of 1989 of the City adopted on November 21, 1989, authorizing the issuance and sale of the Series 1993 Bonds. "Series 1993 Term Bonds" means the Series 1993 Bonds maturing on June 1, 2000 and the Series 1993 Bonds maturing on June 1, 2008. "Tax-Exemption Certificate" means any agreement or certificate executed and delivered by the City in order to assure the tax-exempt status of interest received on the Series 1993 Bonds. "Trustee" means West One Bank, Utah, and its successors and permitted assigns under the Resolution. "Underwriters" means Shearson Lehman Hutton Inc., Smith Barney, Harris Upham & Co. Incorporated, and A. G. Edwards & Sons, Inc. The terms "hereby", "hereof", "hereto", "herein", "hereunder", and any similar terms as used in this Series 1993 Supplemental Resolution, refer to this Series 1993 Supplemental Resolution. Section 102. Authority for Series 1993 Supplemental Resolution. This Series 1993 Supplemental Resolution is adopted pursuant to the provisions of the Act and the Resolution. ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 1993 BONDS Section 201. Authorization of Bonds, Principal Amount, Designation and Series. In order to provide sufficient funds for the refunding of all or a portion of the Refunded Bonds and in accordance with and subject to the terms, conditions and limitations -5- established in the Resolution, including this Series 1993 Supplemental Resolution, a Series of Airport Revenue Bonds are hereby authorized to be issued and shall be designated "Airport Revenue Refunding Bonds, Series 1993." The Airport Revenue Refunding Bonds, Series 1993 are hereby authorized to be issued in the aggregate principal amount of $20,760,000. Section 202. Finding and Purpose. (a) The City hereby finds, determines and declares: (i) In order to achieve interest cost savings, it is necessary and desirable and for the benefit of the City and the users of the Airport to refund the Series 1983 Bonds as contemplated by this Series 1993 Supplemental Resolution and the Forward Purchase Agreement, and as permitted by the Act and the Resolution. (ii) Except for the Series 1989 Bonds, the City has no outstanding bonds, notes or other obligations issued pursuant to the Resolution. Except for the Prior Lien Bonds and the Series 1989 Bonds, there are no outstanding bonds, notes or other obligations payable from and secured by a pledge of Revenues of the City Airports. (iii) For each Fiscal Year beginning with the Fiscal Year ending June 30, 1993, and ending with the Fiscal Year including June 30, 2008, it is expected that the maximum amount of Aggregate Debt Service on the Series 1993 Bonds will be no greater than the maximum amount of Aggregate Debt Service on the Refunded Bonds, in satisfaction of the requirements of Section 2.04(c)(1)(A) of the Resolution. (iv) The requirements of Sections 2.02 and 2.04 of the Resolution will have been complied with upon the delivery of the Series 1993 Bonds. (v) The Series 1993 Bonds are bonds as described in Section 1313(a) of the Tax Reform Act of 1986 because (A) the Refunded Bonds were issued before August 16, 1986, (B) the amount of the Series 1993 Bonds does not exceed the outstanding amount of the Refunded Bonds and (C) the average maturity of the Series 1993 Bonds does not exceed 120 percent of the average reasonably expected economic life of such facilities being financed with the proceeds of the Series 1993 Bonds (determined under Section 147(b) of the Internal Revenue Code of 1986), such average maturity of the Series 1993 Bonds being 10.138 years and such average reasonably expected economic life of such facilities as of the Issue Date being not less than 18.141 years, pursuant to Revenue Procedure 83-35. (b) The Series 1993 Bonds are hereby authorized to be issued pursuant to Section 2.04 of the Resolution for the purpose of refunding and def easing all or a portion of the Refunded Bonds pursuant to Section 11.01 of the Prior Lien Resolution by depositing into the Escrow Account pursuant to the Escrow Agreement an amount sufficient to provide for the payment of all or a portion of the Refunded Bonds upon call for redemption. Section 203. Maturities and Interest Rates. (a) The Series 1993 Bonds shall mature on the dates and in the principal amounts shown below and shall bear interest at the rates shown below: -6- June 1 Amount Interest of the Year Maturing Rate 2000 $ 6,195,000 7.40% 2008 $14,565,000 7.75% ; provided, however, that if the aggregate principal amount of the Series 1993 Bonds purchased by the purchasers thereof pursuant to the Forward Purchase Agreement is less than the aggregate principal amount set forth above, then the aggregate principal amount of the Series 1993 Bonds issued shall correspond to the aggregate principal amount of the Series 1993 Bonds for which the purchase price is paid in full, and those Series 1993 Bonds for which the purchase price is not paid in full (as identified by principal amount, maturity date and interest rate in the Forward Purchase Agreement) shall not be issued. (b) The Series 1993 Bonds shall be dated as of April 15, 1993, which is hereby designated as the Issue Date. The Series 1993 Bonds shall constitute Current Interest Bonds under the Resolution, shall bear interest from April 15, 1993, payable December 1, 1993, and semi-annually thereafter on June 1 and December 1 in each year. Each Series 1993 Bond shall bear interest from the interest payment date next preceding the date of registration and authentication thereof unless it is registered as of an interest payment date, in which event it shall bear interest from the date thereof, or unless it is registered prior to the first interest payment date, in which event it shall bear interest from its date, or unless, as shown by the records of the Trustee, interest on the Series 1993 Bonds shall be in default, in which event it shall bear interest from the date to which interest has been paid in full. Section 204. Registered Bonds; Denomination and Numbers. The Series 1993 Bonds shall be issued solely as fully registered Bonds, without coupons, in the denomination of $5,000 or any integral multiple thereof; provided that no individual Series 1993 Bond shall represent more than one maturity of Series 1993 Bonds. The Series 1993 Bonds shall be numbered from one (1) consecutively upwards with the prefix "R" preceding each number. Section 205. Paying Agent. West One Bank, Utah, of Salt Lake City, Utah, is hereby appointed the Paying Agent for the Series 1993 Bonds, pursuant and subject to Section 7.02 of the Resolution. Principal and Redemption Price on the Series 1993 Bonds when due shall be payable at the principal corporate trust office of the Trustee, or of its successor as Paying Agent. Payment of interest on the Series 1993 Bonds shall be made to the registered Holder thereof and shall be paid (1) by check or draft mailed to the person who is the registered Holder of record as of the close of business on the Record Date at his address as it appears on the registration books of the Trustee or at such other address as is furnished in writing by such registered Holder to the Trustee prior to the Record Date or (2) with respect to units of $1,000,000 or more of Bonds, by wire transfer to the registered Holder thereof upon written notice by such Holder to the Trustee given not later than the Record Date prior to an interest payment date. Section 206. Sinking Fund and Optional Redemption. (a) The Series 1993 Term Bonds shall be subject to redemption in part by operation of Sinking Fund Installments as provided in the Resolution, upon notice as provided in Section 4.03 of the Resolution and Section 206(c) at a Redemption Price equal to the Principal amount of each Series 1993 -7- Term Bond or portion thereof to be redeemed, together with accrued interest to the date of redemption. The Series 1993 Term Bonds maturing on June 1, 2000, shall be subject to redemption in part by operation of Sinking Fund Installments on June 1, 1994, and on each June 1 of each year thereafter to and including June 1, 1999. The amounts and due dates of the Sinking Fund Installments for the Series 1993 Term Bonds maturing on June 1, 2000 are set forth in the following table: June 1 of the Year Amount 1994 $ 785,000 1995 775,000 1996 760,000 1997 1,000,000 1998 980,000 1999 960,000 In the event that less than $6,195,000 aggregate principal amount of the Series 1993 Bonds maturing on June 1, 2000 are authenticated and delivered, then the Series 1993 Bonds maturing on June 1, 2000 that are authenticated and delivered shall be subject to redemption, as provided above, in the chronological order of the redemption dates and in the maximum amount stated above. The Series 1993 Term Bonds maturing on June 1, 2008, shall be subject to redemption in part by operation of Sinking Fund Installments on June 1, 2001, and on each June 1 of each year thereafter to and including June 1, 2007. The amounts and due dates of the Sinking Fund Installments for the Series 1993 Term Bonds maturing on June 1, 2008 are set forth in the following table: June 1 of the Year Amount 2001 $ 910,000 2002 1,380,000 2003 1,345,000 2004 1,300,000 2005 1,255,000 2006 1,500,000 2007 3,140,000 In the event that less than $14,565,000 aggregate principal amount of the Series 1993 Bonds maturing on June 1, 2008 are authenticated and delivered, then the Series 1993 Bonds maturing on June 1, 2008 that are authenticated and delivered shall be subject to redemption, as provided above, in the chronological order of the redemption dates and in the maximum amount stated above. (b) The Series 1993 Bonds maturing on June 1, 2008 are subject to optional redemption on or after June 1, 2003, at the election of the City, in whole on any date, or in part on any interest payment date, and if in part, in such order of maturities as shall be determined by the City in its discretion (and within each maturity as selected by the -8- Trustee), upon notice as provided in Section 4.03 of the Resolution and Section 206(c) hereof, and at the Redemption Price (expressed as a percentage of the principal amount of each Series 1993 Bond to be so redeemed) set forth in the following table, plus accrued interest to the redemption date: Redemption Date Redemption (Both Dates Inclusive) Price June 1, 2003 through May 31, 2004 102% June 1, 2004 through May 31, 2005 101% June 1, 2005 and thereafter 100% Before any notice of optional redemption of Series 1993 Bonds pursuant to this Section 2.06(b) shall be given, the City shall pay to, the Trustee for deposit into the Series 1993 Bond Service Subaccount moneys sufficient to pay the principal of, and premium, if any, and interest on, the Series 1993 Bonds to be redeemed on the redemption date. With respect to any notice of optional redemption of Series 1993 Bonds, unless upon the giving of such notice such Series 1993 Bonds shall be deemed to have been paid within the meaning of Article XI of the Resolution, such notice may state that such redemption shall be conditioned upon the receipt by the Trustee on or prior to the date fixed for such redemption of money sufficient to pay the Redemption Price of and interest on the Series 1993 Bonds to be redeemed, and that if such money shall not have been so received said notice shall be of no force and effect, and the City shall not be required to redeem such Series 1993 Bonds. In the event that such notice of redemption contains such a condition and such money is not so received, the redemption shall not be made and the Trustee shall within a reasonable time thereafter give notice, in the manner in which the notice of redemption was given, that such money was not so received. (c) In addition to giving notice of redemption as described in Section 4.03 of the Resolution, further notice of any redemption of the Series 1993 Bonds shall be given by the Trustee as set out below, but no defect in such further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as described in Section 4.03 of the Resolution. (1) Each further notice of redemption given hereunder shall contain (i) the CUSIP numbers of all Series 1993 Bonds being redeemed; (ii) the date of issue of the Series 1993 Bonds as originally issued; (iii) the rate of interest borne by each Series 1993 Bond being redeemed; (iv) the maturity date of each Series 1993 Bond being redeemed; and (v) any other descriptive information needed to identify accurately the Series 1993 Bonds being redeemed. (2) Each further notice of redemption shall be sent at least 35 days before the redemption date by registered or certified mail or overnight delivery service to: (i) the following registered securities depositories (if at the time of such notice such depositaries are then in the business of holding substantial amounts of obligations of types comprising the Series 1993 Bonds): Depository Trust Company of New York, New York, Midwest Securities Trust Company of Chicago, Illinois, Pacific Securities Depository Trust of San Francisco, California and Philadelphia Depository Trust -9- Company of Philadelphia, Pennsylvania; (ii) Moody's Municipal and Government and Standard and Poor's Called Bond Record; and (iii) any other such depositaries or national information services that disseminate notices of redemption of obligations such as the Series 1993 Bonds, designated by the City to receive such notice. (3) Each such further notice shall be published one time in The Bond Buyer of New York, New York or, if such publication is impractical or unlikely to reach a substantial number of the Holders of the Series 1993 Bonds, in some other financial newspaper or journal which regularly carries notice of redemption of other obligations similar to the Series 1993 Bonds, such publication to be made at least 30 days prior to the date fixed for redemption. (4) Upon the payment of the redemption price of the Series 1993 Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Series 1993 Bonds being redeemed with the proceeds of such check or other transfer. Section 207. Sale of Series 1993 Bonds. (a) The Series 1993 Bonds authorized to be issued herein are hereby sold to the purchasers thereof pursuant to the Forward Purchase Agreement at an aggregate price equal to 100% of the principal amount of the Series 1993 Bonds, plus accrued interest, if any, on the Series 1993 Bonds from April 15, 1993, to the date of delivery of and payment for the Series 1993 Bonds, on the terms and conditions set forth in the Forward Purchase Agreement and upon the basis of the representations therein set forth; provided, however, that if the purchase price for the Series 1993 Bonds is not available pursuant to the Forward Purchase Agreement to purchase all of the Series 1993 Bonds authorized to be issued, then there shall be authenticated and delivered to the purchasers thereof pursuant to the Forward Purchase Agreement only those Series 1993 Bonds for which the full purchase price is available and those Series 1993 Bonds for which the full purchase price is not available (as identified by principal amount, maturity date and interest rate in the Forward Purchase Agreement) shall not be so authenticated and delivered. (b) To evidence the acceptance of the Forward Purchase Agreement, the Mayor is hereby authorized to execute and deliver, and the City Recorder is hereby authorized to seal, attest and countersign, the Forward Purchase Agreement in substantially the form presented at the meeting at which this Series 1993 Supplemental Resolution is adopted. Such sale of the Series 1993 Bonds and the execution and delivery of the Forward Purchase Agreement is hereby ratified, approved and confirmed. (c) The final Offering Statement of the City in substantially the form presented at the meeting at which this Series 1993 Supplemental Resolution is adopted, with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized and the Mayor shall sign and deliver such final Offering Statement to the Underwriters for distribution to prospective purchasers of the Series 1993 Bonds and other interested persons. Such approval of any such changes shall be conclusively established by the Mayor's signing of one or more copies of the final Offering Statement. The prior distribution of the preliminary Offering Statement is hereby in all respects authorized, ratified and approved. -10- (d) The City agrees that it will not issue any bonds, refunding bonds or other obligations payable from the Revenues of the City Airports within a period of at least 31 days before and after the date of adoption of this Supplemental Resolution and before and after the date of delivery of the Series 1993 Bonds to the purchasers thereof pursuant to the Forward Purchase Agreement. Section 208. Execution of Series 1993 Bonds. The Series 1993 Bonds shall be executed on behalf of the City by the Mayor by his manual or facsimile signature, and attested and countersigned by the City Recorder by her manual or facsimile signature, and the City's seal shall be affixed to, or a facsimile thereof imprinted upon, the Series 1993 Bonds. Series 1993 Bonds shall then be delivered to the Trustee and held by it for authentication and delivery in accordance with the provisions of the Forward Purchase Contract. Section 209. Delivery of Series 1993 Bonds. The Trustee is hereby authorized and directed to manually authenticate and deliver the Series 1993 Bonds in accordance with the provisions of the Forward Purchase Agreement upon receipt by the Trustee of (a) an opinion of Bond Counsel in substantially the form attached to the Forward Purchase Agreement, as executed and delivered, (b) the Series 1993 Security Instrument and the Series 1993 Reserve Instrument, and (c) the purchase price of the Series 1993 Bonds as contemplated by Section 207 hereof. The Trustee shall only authenticate and deliver those Series 1993 Bonds (as identified by principal amount, maturity and interest rate in the Forward Purchase Agreement) for which the purchase price has been paid in full. Section 210. Initial Purchase Agreement. The Mayor is hereby authorized to execute and deliver, and the City Recorder is hereby authorized to seal, attest and countersign, the Initial Purchase Agreement in substantially the form presented at the meeting at which this Series 1993 Supplemental Resolution is adopted. Section 211. Further Authority. The Mayor, the Director of Airports, the Director of Finance, the City Recorder, the City Treasurer, or other officers of the City are, and each of them is, hereby authorized and directed 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 1993 Bonds and the consummation by the City of the transactions contemplated by the Initial Purchase Agreement, the Forward Purchase Agreement, and the Offering Statement. Without limiting the foregoing, it is recognized that such transactions includes (a) certain transactions related to the deposit by the purchasers of the Series 1993 Bonds of the purchase price with the Bank pursuant to the Forward Purchase Agreement on or before December , 1989, and (b) certain transactions related to the issuance and delivery of the Series 1993 Bonds on or about April 15, 1993. The authorization and direction contained in this Section 211 and elsewhere in this Series 1993 Resolution shall apply to each person holding the office authorized or directed to perform the act or execute a certificate, document or instrument at the time such act is to be performed or such certificate, document or instrument is to be executed or delivered, irrespective of who holds such office on the date this Series 1993 Supplemental Resolution is adopted. -11- Section 212. Book-Entry System; Limited Obligation of City. The Series 1993 Bonds shall be initially issued in the form of a separate single certificated fully registered bond for each maturity of the Series 1993 Bonds. Upon initial issuance, the ownership of such Series 1993 Bonds shall be registered in the registration books kept by the Trustee in the name of Cede, as nominee of DTC. Except as provided in Section 214 hereof, all of the outstanding Series 1993 Bonds shall be registered in the registration books kept by the Trustee in the name of Cede, as nominee of DTC. With respect to Series 1993 Bonds registered in the registration books kept by the Trustee in the name of Cede, as nominee of DTC, the City, the Trustee and the Paying Agent shall have no responsibility or obligation to any Participant or to any Person on behalf of which a Participant holds an interest in the Series 1993 Bonds. Without limiting the immediately preceding sentence, the City, the Trustee and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede or any Participant with respect to any ownership interest in the Series 1993 Bonds, (ii) the delivery to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Trustee, of any notice with respect to the Series 1993 Bonds, including without limitation any notice of redemption or (iii) the payment to any Participant or any other Person, other than a Bondholder, as shown in the registration books kept by the Trustee, of any amount with respect to principal of, premium, if any, or interest on the Series 1993 Bonds. The City, the Trustee and the Paying Agent may treat and consider the Person in whose name each Series 1993 Bond is registered in the registration books kept by the Trustee as the holder and absolute owner of such Series 1993 Bond for the purpose of payment of principal, premium and interest with respect to such Series 1993 Bond, for the purpose of giving notices of redemption and other matters with respect to such Series 1993 Bond, for the purpose of registering transfers with respect to such Series 1993 Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of and interest on the Series 1993 Bonds only to or upon the order of the respective Bondholders, as shown in the registration books kept by the Trustee, or their respective attorneys duly authorized in writing, as provided in Section 205 hereof, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, and interest on the Series 1993 Bonds to the extent of the sum or sums so paid. No Person other than a holder of a Series 1993 Bond, as shown in the registration books kept by the Trustee, shall receive a certificated Series 1993 Bond evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Series 1993 Supplemental Resolution. Upon delivery by DTC to the City of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede, the word "Cede" in this Series 1993 Supplemental Resolution shall refer to such new nominee of DTC. Upon receipt of such a notice, the City shall promptly deliver a copy of the same to the Trustee and the Paying Agent. Section 213. Representation Letter. The Representation Letter in substantially the form before the Council at the meeting at which this Series 1993 Supplemental Resolution is adopted, with such changes, omissions, insertions and revisions as the Mayor of the City shall approve, is hereby authorized and the Mayor of the City shall execute and deliver, and the City Recorder of the City shall seal, countersign and attest, such Representation Letter. The approval of the Mayor of the City of any such changes, omissions, insertions and revisions shall be conclusively established by his execution of the Representation Letter. The City's execution and delivery of the Representation Letter shall not in any way limit the provisions of Section 212 hereof or in any other way impose -12- upon the City any obligation whatsoever with respect to Persons having interests in the Series 1993 Bonds other than the Bondholders, as shown on the registration books kept by the Trustee. In the written acceptance of each Paying Agent referred to in Section 7.02 of the Resolution, such Paying Agent shall agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Paying Agent to at all times be complied with. The Trustee shall signify in writing its agreement to take all actions necessary for all representations of the City in the Representation Letter with respect to the Trustee to at all times be complied with. So long as any Series 1993 Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Series 1993 Bond and all notices with respect to such Series 1993 Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section 214. Transfers Outside Book-Entry System. In the event that (a) the City determines that DTC is incapable of discharging or is unwilling to discharge its responsibilities described herein and in the Representation Letter, (b) DTC determines to discontinue providing its service as securities depository with respect to the Series 1993 Bonds at any time as provided in the Representation Letter or (c) the City determines that it is in the best interests of the beneficial owners of the Series 1993 Bonds that they be able to obtain certificated Series 1993 Bonds, the City shall notify DTC and direct DTC to notify the Participants of the availability through DTC of certificated Series 1993 Bonds and the Series 1993 Bonds shall no longer be restricted to being registered in the registration books kept by the Trustee in the name of Cede, as nominee of DTC. At that time, the City may determine that the Series 1993 Bonds shall be registered in the name of and deposited with such other depository operating a universal book-entry system as may be acceptable to the City, or such depository's agent or designee, and if the City does not select such alternate universal book-entry system, then the Series 1993 Bonds shall no longer be restricted to being registered in the registration books kept by the Trustee in the name of Cede, as nominee of DTC, but may be registered in whatever name or names Bondholders transferring or exchanging Series 1993 Bonds shall designate, in accordance with the provisions of Article III of the Resolution. Section 215. Payments to Cede. Notwithstanding any other provision of this Series 1993 Supplemental Resolution to the contrary, so long as any Series 1993 Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Series 1993 Bond and all notices with respect to such Series 1993 Bond shall be made and given, respectively, in the manner provided in the Representation Letter. ARTICLE III ESTABLISHMENT OF COST OF ISSUANCE FUNDS, APPLICATION OF SERIES 1993 BOND PROCEEDS AND OTHER MONEYS Section 301. Series 1993 Cost of Issuance Fund. There is hereby established a separate fund to be held by the Trustee designated as the "Series 1993 Cost of Issuance Fund". Moneys in the Series 1993 Cost of Issuance Fund shall, to the extent available, be used for the payment of costs of issuance of the Series 1993 Bonds, including the initial -13- Series 1993 Credit Enhancement Costs. Any moneys remaining in the Series 1993 Cost of Issuance Fund on the earlier of (a) , 1993, or (b) the date of the full and final payment of all respective costs of issuance of the Series 1993 Bonds shall be transferred promptly by the Trustee and deposited into the Bond Service Account. Costs of issuance of the Series 1993 Bonds for which moneys are not available in the Series 1993 Cost of Issuance Fund shall be paid as an Operation and Maintenance Cost. Section 302. Application of Proceeds of Series 1993 Bonds and Certain Other Moneys. (a) From the proceeds of the Series 1993 Bonds, there shall be paid to the Trustee for deposit as follows: (1) Into the Series 1993 Bond Service Account, the amount of interest, if any, accrued from April 15, 1993, to the date of delivery of the Series 1993 Bonds; (2) Into the Series 1993 Debt Service Reserve Account, $-0-; (3) Into the Series 1993 Cost of Issuance Fund, $ of the proceeds of the Series 1993 Bonds; and (4) The balance of the proceeds of the sale of the Series 1993 Bonds shall, simultaneously with the delivery of the Series 1993 Bonds, be deposited in trust with the Escrow Agent and invested in the manner and to the extent required by the Escrow Agreement and in accordance with the provisions of Section 11-27-3, Utah Code Annotated 1953, as amended, and Section 11.01(b) of the Prior Lien Resolution. (b) Upon the deposit of all funds contemplated to be deposited with the Escrow Agent pursuant to Section 302(a)(6) hereof, there shall be transferred to and deposited in the Escrow Account all of the funds in the Debt Service Reserve Account then in excess of the Average Aggregate Debt Service on all then Outstanding Bonds (as such terms are defined in the Prior Lien Resolution). Section 303. Series 1993 Bond Service Subaccount. Pursuant to Section 5.07(a) of the Resolution, there is hereby established a subaccount in the Bond Service Account in the Principal and Interest Fund designated as the "Series 1993 Bond Service Subaccount". Moneys shall be deposited into and paid from the Series 1993 Bond Service Subaccount in accordance with Section 5.07 of the Resolution to pay Debt Service on the Series 1993 Bonds. Section 304. Series 1993 Debt Service Reserve Subaccount. (a) Pursuant to Section 5.08(a) of the Resolution, there is hereby established a subaccount in the Debt Service Reserve Account designated as the "Series 1993 Debt Service Reserve Subaccount". Moneys shall be paid from the Series 1993 Debt Service Reserve Subaccount in accordance with Section 5.08 of the Resolution, if, when and as required to remedy any deficiencies in the Series 1993 Bond Service Subaccount. Moneys shall be deposited into the Series 1993 Debt Service Reserve Subaccount pursuant to Section 5.06(a)(1)(B) of the Resolution to pay the Series 1993 Reserve Instrument Repayment Obligations in accordance with Section 702(c) hereof. The City shall cause the Series 1993 Debt Service Reserve Requirement to be satisfied by delivery to the Trustee of the Series 1993 Reserve Instrument and maintaining the Reserve Instrument Coverage under the Series 1993 Reserve Instrument in an amount at least equal to the Series 1993 Debt Service Reserve -14- Requirement. Trustee shall draw on the Series 1993 Reserve Instrument in accordance with the provisions of Section 702 of this Series 1993 Supplemental Resolution. (b) The City reserves the right to adopt proceedings and implement a schedule for accumulating Revenues in a fund sufficient to substitute such fund when fully funded into the Debt Service Reserve Account in lieu of the Series 1993 Reserve Instrument; provided, however, that if the City elects to proceed under this Section 304(b), any moneys accumulated in such fund shall be invested at a yield that does not exceed the yield on the Series 1993 Bonds unless the City delivers to the Trustee an opinion from Bond Counsel to the effect that investment of such moneys at a yield greater than the yield on the Series 1993 Bonds will not cause the Series 1993 Bonds to constitute "arbitrage bonds" within the meaning of Section 103 of the Code. ARTICLE IV DEFEASANCE AND REDEMPTION OF REFUNDED BONDS Section 401. Defeasance of Refunded Bonds. In accordance with the provisions of Section 11.01 of the Prior Lien Resolution, it is hereby found and determined that, pursuant to the Escrow Agreement and upon issuance of the Series 1993 Bonds in the aggregate principal amount of $20,760,000, moneys which shall be sufficient to pay, when due, the principal at maturity or redemption price, as applicable, and interest due and to become due on all Refunded Bonds on June 1, 1993, will have been deposited with the Trustee, as Escrow Agent, and that upon compliance with the provisions of Section 11.01(b)(1) of the Prior Lien Resolution as provided for in the Escrow Agreement, all Refunded Bonds shall be deemed to have been paid within the meaning and with the effect expressed in Section 11.01 of the Prior Lien Resolution. If less than $20,760,000 principal amount of the Series 1993 Bonds is issued and if the City has not deposited with the Escrow Agent other available moneys so as to cause sufficient funds to be on deposit under the Escrow Agreement to defease all of the Refunded Bonds, then only those Refunded Bonds for which moneys are then on deposit with the Escrow Agent and, with respect to Refunded Bonds to be redeemed, which have been called for redemption pursuant to Section 402 hereof, shall, upon compliance with the provisions of Section 11.01(b)(1) of the Prior Lien Resolution as provided for in Escrow Agreement, be deemed to have been paid within the meaning and with the effect expressed in Section 11.01 of the Prior Lien Resolution. Section 402. Redemption of Refunded Bonds. The Refunded Bonds, consisting of $22,750,000 aggregate principal amount of the Series 1983 Bonds, due June 1 of each of the years 1994 to 2008, inclusive, are hereby called for redemption on June 1, 1993 in whole or in part as provided below. Notice of redemption shall be given as provided in Section 11.01(b)(1) of the Prior Lien Resolution, in accordance with the provisions and requirements of the Escrow Agreement. If $20,760,000 aggregate principal amount of the Series 1993 Bonds is issued, then the Refunded Bonds shall be redeemed in whole. If less than $20,760,000 aggregate principal amount of the Series 1993 Bonds is issued and if the City has not deposited with the Escrow Agent other available money so as to cause sufficient funds to be on deposit under the Escrow Agreement to refund all of the Refunded Bonds, then the Refunded Bonds shall be refunded in part, in inverse order of maturity, selected pursuant to Section 4.02 of the Prior Lien Resolution, in the maximum aggregate principal amount for which moneys are then on deposit under the Escrow Agreement in an amount -15- sufficient to pay principal, premium, if any, and interest due on such Refunded Bonds on June 1, 1993, in accordance with the provisions and requirements of the Escrow Agreement. Section 403. Escrow Agreement. The Mayor and City Recorder shall, and are hereby authorized to, enter into the Escrow Agreement substantially in the form presented at this meeting with the Escrow Agent establishing the Escrow Account from which principal or redemption price, if applicable, and interest on the Series 1983 Bonds called for redemption shall be paid. After the Series 1983 Bonds called for redemption shall have become due and payable, any investments remaining in the Escrow Account shall be liquidated and any proceeds of liquidation over and above the amount necessary to be retained for the payment of any such Series 1983 Bonds not yet presented for payment, including interest due and payable, shall be paid over to the City to be used for any lawful purpose which shall not adversely affect the tax-exempt status of the Series 1993 Bonds. ARTICLE V FORM OF SERIES 1993 BONDS Section 501. Form of Series 1993 Bonds. Subject to the provisions of the Resolution, each Series 1993 Bond shall be in substantially the following form, 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 Resolution: -16- [FORM OF BOND] REGISTERED REGISTERED No. R- $ SALT LAKE CITY, SALT LAKE COUNTY, UTAH AIRPORT REVENUE REFUNDING BOND, SERIES 1993 SEE REVERSE SIDE FOR INTEREST RATE MATURITY DATE DATED DATE CUSIP: ADDITIONAL PROVISIONS % June 1, April 15, 1993 Registered Owner: Principal Amount: DOLLARS KNOW ALL MEN BY THESE PRESENTS that Salt Lake City, Salt Lake County, Utah (the "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 the registered owner identified above, or registered assigns, on the maturity date identified above, unless this Bond shall have been called for redemption and payment of the redemption price shall have been duly made or provided for, upon presentation and surrender hereof, the principal amount identified above, and to pay, in the manner and from the source hereinafter provided, the registered owner hereof interest on the balance of said principal amount from time to time remaining unpaid from the interest payment date next preceding the date of registration and authentication of this Bond, unless this Bond is registered and authenticated as of an interest payment date, in which event this Bond shall bear interest from such interest payment date, or unless this Bond is registered and authenticated prior to the first interest payment date, in which event this Bond shall bear interest from the dated date specified above, or unless, as shown by the records of the hereinafter referred to Trustee, interest on the hereinafter referred to Series 1993 Bonds shall be in default, in which event this Bond shall bear interest from the date to which interest has been paid in full, at the rate per annum specified above (calculated on the basis of a year of 360 days comprised of twelve 30-day months), payable in each year on June 1 and December 1, beginning December 1, 1993, until payment in full of such principal amount, except as the provisions hereinafter set forth with respect to redemption prior to maturity may become applicable hereto. This Bond, as to principal and redemption price when due, will be payable at the principal corporate trust office of West One Bank, Utah, of Salt Lake City, Utah, a Paying Agent of the City, 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, that payment of the interest hereon shall be made to the registered owner hereof and shall be paid (1) by check or draft mailed to the person who is the registered owner of record as of the close of -17- business on the fifteenth day of the month next preceding each interest payment date (the "Record Date") at his address as it appears on the registration books of the Trustee or at such other address as is furnished in writing by such registered owner to the Trustee prior to the Record Date or (2) with respect to units of $1,000,000 or more of Bonds, by wire transfer to the registered owner thereof upon written notice by such owner to the Trustee given not later than the Record Date prior to an interest payment date. THE CITY IS OBLIGATED TO PAY PRINCIPAL OF, REDEMPTION PRICE OF, AND INTEREST ON THIS BOND SOLELY FROM THE REVENUES AND OTHER FUNDS OF THE CITY PLEDGED THEREFOR REMAINING AFTER PAYMENT OF ALL OBLIGATIONS DUE PURSUANT TO THE PRIOR LIEN RESOLUTION (AS SUCH TERM IS DEFINED IN THE BOND RESOLUTION HEREINAFTER REFERRED TO) WITH RESPECT TO CERTAIN OUTSTANDING PRIOR LIEN BONDS (AS SUCH TERM IS DEFINED IN THE BOND RESOLUTION) UNDER THE TERMS OF THE BOND RESOLUTION. THIS BOND IS NOT A DEBT OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION OF INDEBTEDNESS. PURSUANT TO THE BOND RESOLUTION, SUFFICIENT REVENUES (AS SUCH TERM IS DEFINED IN THE BOND RESOLUTION) HAVE BEEN PLEDGED AND WILL BE SET ASIDE INTO SPECIAL FUNDS BY THE CITY TO PROVIDE FOR THE PROMPT PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS BOND AND ALL BONDS OF THE SERIES OF WHICH IT IS A PART. This Bond and the issue of Bonds of which it is a part are issued in conformity with and after full compliance with the Constitution of the State of Utah and pursuant to the provisions of the Utah Refunding Bond Act, Chapter 27 of Title 11, Utah Code Annotated 1953, as amended and, to the extent applicable, the Utah Municipal Bond Act, Chapter 14 of Title 11, Utah Code Annotated 1953, as amended (collectively, the "Act"), and all other laws applicable thereto. THE TERMS AND PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE SIDE HEREOF AND SUCH CONTINUED TERMS AND PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH AT THIS PLACE. [The language contained in this paragraph may be deleted for Bonds issued in temporary or typewritten form and the language to be contained on the reverse side of definitive Bonds may be inserted here.] 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 Bonds, together with all other indebtedness of the City, is within every debt and other limit prescribed by said Constitution and statutes. This Bond shall not be valid until the Certificate of Authentication hereon shall have been signed by the Trustee. -18- [Financial Guaranty Insurance Company ("Financial Guaranty")]* has issued its [Municipal Bond New Issue Insurance Policy]* (the "Policy") with respect to the principal of and interest on the Bonds which is due for payment. Certain provisions of the Policy are set forth on the reverse hereof. BY ACCEPTANCE OF THIS BOND, THE OWNER HEREOF AGREES TO THE ASSIGNMENT TO [FINANCIAL GUARANTY] OF CERTAIN RIGHTS OF SUCH OWNER TO ENFORCE THE PROVISIONS OF THE BOND RESOLUTION OR TO INSTITUTE ACTION TO ENFORCE THE PLEDGE OR COVENANTS MADE THEREIN OR TO TAKE ACTIONS 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, WHICH RIGHTS ARE EXERCISABLE BY FINANCIAL GUARANTY AS PROVIDED IN THE BOND RESOLUTION. 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 signature of its Mayor, and a of its corporate seal to be imprinted hereon, and attested and countersigned by the signature of its City Recorder, all as of the dated date specified above. SALT LAKE CITY, SALT LAKE COUNTY, UTAH By [Manual or Facsimile Signature] Mayor ATTEST AND COUNTERSIGNED: By [Manual or Facsimile Signature] City Recorder [FACSIMILE SEAL] [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 Refunding Bonds, Series 1993[A][B], of Salt Lake City, Salt Lake County, Utah. Date of registration and authentication: WEST ONE BANK, UTAH, as Trustee By Authorized Officer * Subject to change if Financial Guaranty does not insure the Series 1993 Bonds. -19- [FORM OF REVERSE OF BOND] This Bond is a special obligation of the City and is one of the Airport Revenue Bonds of the City (the "Bonds") issued under and by virtue of the Act and under and pursuant to Resolution No. 45 of 1989 Providing for the Issuance of Airport Revenue Bonds, adopted on April 11, 1989 (the "Resolution"), as from time to time amended or supplemented by further resolutions of the City, including Supplemental Resolution No. 122 of 1989 adopted on November 21, 1989 authorizing the issuance and sale of this Series of Bonds (the "Series 1993 Supplemental Resolution"), (such Resolution No. 45 of 1989, Resolution No. 122 of 1989 and any and all such further resolutions being herein collectively called the "Bond Resolution"), for the purpose of providing funds to refund certain outstanding Bonds of the City, and to pay all expenses incident thereto and to the issuance of the Series 1993 Bonds. As provided in the Bond 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 Bond Resolution, and the aggregate principal amount of Bonds which may be issued is not limited. All Bonds issued and to be issued under the Bond 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 Bond Resolution. This Bond is one of a Series of Bonds designated as "Airport Revenue Refunding Bonds, Series 1993 (herein called the "Series 1993 Bonds"), limited to the aggregate principal amount of $20,760,000, dated as of the dated date identified above, and duly issued under and by virtue of the Act and under and pursuant to the Bond Resolution. The Series 1993 Bonds were authorized to be issued for the purpose of providing funds to refund certain outstanding Bonds of the City and to pay all expenses incident thereto and to the issuance of such Bonds. Copies of the Bond Resolution are on file at the office of the City Recorder in Salt Lake City, Utah, and at the principal corporate trust office of West One Bank, Utah, in Salt Lake City, Utah, as trustee under the Bond Resolution (said trustee and any successors thereto under the Bond Resolution being herein called the "Trustee"), and reference to the Bond Resolution and the Act is made for a description of the pledge and covenants securing the Series 1993 Bonds, the nature, manner and extent of enforcement of such pledge and covenants, the terms and conditions upon which the Series 1993 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 Series 1993 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 Bond 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. -20- 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 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 and the Trustee 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 Series 1993 Bonds are issuable solely in the form of fully registered Bonds, without coupons, in the denomination of $5,000, or any integral multiple of $5,000. The Series 1993 Bonds maturing on June 1, 2000, are subject to redemption at a price equal to the principal amount thereof, together with interest thereon accrued to the date of redemption, on June 1, 1994, and on each June 1 thereafter to and including June 1, 1999, by operation of Sinking Fund Installments as provided in the Bond Resolution. The Bond Resolution requires funds to be provided on June 1, 1994, and on each June 1 thereafter to and including June 1, 1999, sufficient to redeem the following principal amounts of such Series 1993 Bonds: June 1 of the Year Amount 1994 $ 785,000 1995 775,000 1996 760,000 1997 1,000,000 1998 980,000 1999 960,000 In the event that less than $6,195,000 aggregate principal amount of the Series 1993 Bonds maturing on June 1, 2000 are authenticated and delivered, then the Series 1993 Bonds maturing on June 1, 2000 that are authenticated and delivered shall be subject to redemption, as provided above, in the chronological order of the redemption dates and in the maximum amount stated above. The Series 1993 Bonds maturing on June 1, 2008, are subject to redemption at a price equal to the principal amount thereof, together with interest thereon accrued to the date of redemption, on June 1, 2001, and on each June 1 thereafter to and including June 1, 2007, by operation of Sinking Fund Installments as provided in the Bond Resolution. The Bond Resolution requires funds to be provided on June 1, 2001, and on each June 1 thereafter to and including June 1, 2007, sufficient to redeem the following principal amounts of such Series 1993 Bonds: -21- June 1 of the Year Amount 2001 $ 910,000 2002 1,380,000 2003 1,345,000 2004 1,300,000 2005 1,255,000 2006 1,500,000 2007 3,140,000 In the event that less than $14,565,000 aggregate principal amount of the Series 1993 Bonds maturing on June 1, 2008 are authenticated and delivered, then the Series 1993 Bonds maturing on June 1, 2008 that are authenticated and delivered shall be subject to redemption, as provided above, in the chronological order of the redemption dates and in the maximum amount stated above. The Series 1993 Bonds maturing on June 1, 2008, are subject to optional redemption at the election of the City on or after June 1, 2003, in whole on any date, or in part on any interest payment date, and if in part, in such order of maturities as shall be determined by the City in its discretion (and within each maturity as selected by the Trustee), upon notice given as hereinafter set forth, at a redemption price equal to the principal amount of each Series 1993 Bond to be redeemed, plus redemption premiums (expressed as a percentage of such principal amount) set forth in the following table plus accrued interest to the redemption date: Redemption Date Redemption (Both Dates Inclusive) Price June 1, 2003 through May 31, 2004 102% June 1, 2004 through May 31, 2005 101% June 1, 2005 and thereafter 100% If less than all of the Series 1993 Bonds are to be redeemed, the particular Series 1993 Bonds to be redeemed shall be selected as provided in the Bond Resolution. Notice of redemption shall be given in accordance with the provisions of the Bond Resolution by first class mail not less than 30 nor more than 45 days prior to the redemption date, to the registered owner of each Series 1993 Bond being redeemed, 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. 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. -22- Less than all of a Bond in a denomination 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 registered owner thereof, without charge therefor, for the unredeemed balance of the principal amount of such Bond, at the option of such owner, registered Bonds of any of the authorized denominations, all as more fully set forth in the Bond Resolution. Except as otherwise provided herein and unless the context clearly indicates otherwise, words and phrases used herein shall have the same meanings as such words and phrases in the Bond Resolution. [FORM OF STATEMENT OF INSURANCE]* STATEMENT OF INSURANCE Financial Guaranty Insurance Company ("Financial Guaranty") has issued a policy containing the following provisions with respect to the Airport Revenue Refunding Bonds, Series 1993 (the "Bonds") of Salt Lake City, Salt Lake County, Utah (the "City"), such policy being on file at the principal office of the Trustee named in the Bond, as paying agent (the "Paying Agent"): Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to the Bondholders that portion of the principal of and interest on the Bonds which is then due for payment and which the City shall have failed to provide. Due for payment means, with respect to the principal, the stated maturity date or mandatory sinking fund redemption date thereof, but not any earlier date on which the payment of principal of the Bonds is due by reason of acceleration, and with respect to interest, the stated date for payment of such interest. Upon receipt of telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from a Bondholder or the Paying Agent to Financial Guaranty that the required payment of principal or interest has not been made by the City to the Paying Agent, Financial Guaranty on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with Citibank, N.A., or its successor as its agent (the "Fiscal Agent"), sufficient to make the portion of such payment not paid by the City. Upon presentation to the Fiscal Agent of evidence satisfactory to it of the Bondholder's rights to receive such payment and any appropriate instruments of assignment required to vest all of such Bondholder's rights to such payment in Financial Guaranty, the Fiscal Agent will disburse such amount to the Bondholder. As used herein the term "Bondholder" means the person other than the City who at the time of nonpayment of a Bond is entitled under the terms of such Bond to payment thereof. The policy is non-cancellable for any reason. FINANCIAL GUARANTY INSURANCE COMPANY * Subject to change if Financial Guaranty does not insure the Series 1993 Bonds. -23- [FORM OF ASSIGNMENT] The following abbreviations, when used in the inscription on the face the within Bond shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM- as tenants in UNIF GIFT MIN ACT- Custodian common (Cust) (Minor) TEN ENT- as tenants by the entireties under Uniform Gifts to Minors JT TEN- as joint tenants with right of sur- Act vivorship and not as (State) tenants in common Additional abbreviations may also be used though not in the list above. For value received hereby sells, assigns and transfers unto INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE I (Please Print or Typewrite Name and Address of Assignee) the within Bond of SALT LAKE CITY, SALT LAKE COUNTY, UTAH, and hereby irrevocably constitutes and appoints Attorney to register the transfer of said Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. -24- ARTICLE VI COMPLIANCE WITH REBATE AND OTHER REQUIREMENTS OF THE CODE Section 601. Authorization and Covenants. (a) The Mayor, Director of Airports, City Treasurer and City Recorder of the City are hereby authorized and directed to execute such Tax Exemption Certificates as shall be necessary to establish that (i) the Series 1993 Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and applicable regulations, (ii) all applicable requirements of the Code are and will be met, (iii) the covenants of the City contained in this Article will be complied with, and (iv) interest on the Series 1993 Bonds, at the time of their issuance, is not and will not become includible in gross income of the owners thereof for federal income tax purposes under the Code and applicable regulations. (b) The City covenants and certifies to and for the benefit of the owners from time to time of the Series 1993 Bonds that: (i) it will at all times comply with the provisions of any Tax Exemption Certificates; (ii) it will at all times comply with the rebate requirements contained in Section 148(f) of the Code (or successor provision) including, without limitation, entering into any necessary rebate calculation agreement to provide for the calculations of amounts required to be rebated to the United States, the keeping of records necessary to enable such calculations to be made and the timely payment to the United States of all amounts, including any applicable penalties and interest, required to be rebated; (iii) no use will be made of the proceeds of the issue and sale of the Series 1993 Bonds, or any funds or accounts of the City which may be deemed to be proceeds of the Series 1993 Bonds, pursuant to Section 148 of the Code (or successor provision) and applicable regulations (proposed or promulgated) which use, if it had been reasonably expected on the date of issuance of the Series 1993 Bonds, would have caused the Series 1993 Bonds to be classified as "arbitrage bonds" within the meaning of Section 148 of the Code (or successor provision); (iv) it will not take any action that would cause interest on the Series 1993 Bonds to be or to become ineligible for the exclusion from gross income of the owners of the Series 1993 Bonds as provided in Section 103 of the Code (or successor provision), nor will it omit to take or cause to be taken, in timely manner, any action, which omission would cause interest on the Series 1993 Bonds to be or to become ineligible for the exclusion from gross income of the owners of the Series 1993 Bonds as provided in Section 103 of the Code (or successor provision). (c) Notwithstanding anything in the Resolution to the contrary and in accordance with the City's covenants in this Article, all moneys and investments held in the Funds and Accounts established and administered under the Resolution shall be subject to the requirements of the Tax Exemption Certificates relating to the rebate of certain excess amounts computed in accordance with Section 148(f) of the Code (or successor provision) -25- held therein to the United States at the times and in the amounts determined in accordance with the applicable provisions of the Tax Exemption Certificates to maintain the excludability of interest on the Series 1993 Bonds from gross income of the owners thereof for federal income tax purposes. (d) Pursuant to the foregoing covenants, the City obligates itself to comply throughout the term of the issue of the Series 1993 Bonds with the requirements of Section 103 of the Code (or successor provision) and the regulations proposed or promulgated thereunder. Section 602. Additional Payments. The City hereby agrees to pay to the United States from legally available moneys of the City (whether or not such available moneys are on deposit in any fund or account related to the Series 1993 Bonds) any amount which is required to be paid to the United States as rebate pursuant to Section 148(f) of the Code (or successor provision), but which is not available in a fund or account related to the Series 1993 Bonds or payment to the United States. This obligation shall not be construed as constituting a debt or liability of the City within the meaning of any constitutional limitation upon the incurrence of indebtedness by the City. Section 603. Investments to Be Legal. All investments subject to rebate shall be made to the extent permitted by law and shall comply with the investment provisions contained in the Tax Exemption Certificates. Section 604. Opinion of Bond Counsel; Amendments. The provisions of this Article and the provisions of any Tax Exemption Certificates need not be observed and the provisions of this Article and any Tax Exemption Certificates may be amended or supplemented at any time by the City without the consent of the Trustee or any Bondholder if the Trustee receives an opinion of Bond Counsel to the effect that the failure to comply with such provisions, and the terms of such amendment or supplement, will not adversely affect the exclusion from federal income taxes of interest on the Series 1993 Bonds. Section 605. Additional Covenants; Agreements. The City hereby covenants to make, execute and enter into (and to take such actions, if any, as may be necessary to enable it to do so) any Supplemental Resolution or Tax Exemption Certificate necessary to comply with any changes in law or regulations in order to preserve the exemption from federal income taxation of interest on the Series 1993 Bonds to the extent that the City may lawfully do so. The City further covenants to (a) impose such limitations on the investment or use of moneys or investments related to the Series 1993 Bonds, (b) make such payments to the United States Treasury, (c) maintain such records, (d) perform such calculations and (e) perform such other acts as may be necessary to preserve the exclusion from federal income taxation of interest on the Series 1993 Bonds and which the City may lawfully do. ARTICLE VII SERIES 1993 RESERVE INSTRUMENT Section 701. Authorization. (a) The use of the Series 1993 Reserve Instrument is hereby authorized. So long as the Series 1993 Reserve Instrument shall be in effect and there is no default in the payment obligations on the Series 1993 Security Instrument, the -26- City and the Trustee shall comply with the provisions of the Series 1993 Reserve Instrument. The Mayor is hereby authorized to execute and deliver, and the City Recorder is hereby authorized to countersign and attest, the Series 1993 Reserve Instrument Agreement in substantially the form presented at the meeting at which the Series 1993 Supplemental Resolution is adopted, with such changes, omissions, insertions and revisions as the Mayor shall deem advisable. (b) In the event that the Series 1993 Reserve Instrument is issued by FGIC as the Series 1993 Reserve Instrument Issuer, the obligation of the City to pay the Series 1993 Reserve Instrument Issuer the amounts specified by paragraph 2 of the Series 1993 Reserve Instrument Agreement shall constitute Reserve Instrument Repayment Obligations under the Resolution and Series 1993 Reserve Instrument Repayment Obligations hereunder. For all purposes of the Resolution, the amounts payable under paragraph 2(a) of that Series 1993 Reserve Instrument Agreement and Section 702(c)(1) hereof shall be allocable as principal of the Series 1993 Reserve Instrument Repayment Obligations and the amounts payable under paragraph 2(b) of the initial Series 1993 Reserve.Instrument Agreement and Section 702(c)(2) hereof shall be allocable as interest on the Series 1993 Reserve Instrument Repayment Obligations. None of the City's obligations under the Series 1993 Reserve Instrument Agreement constitute Reserve Instrument Costs. Any commitment fee, premium or Rating Agency fees payable in connection with the issuance of the Series 1993 Reserve Instrument prior to or upon issuance of the Series 1993 Reserve Instrument constitute Reserve Instrument Costs. Section 702. Draws on Series 1993 Reserve Instrument. (a) At least two business days before each interest payment date, the Trustee shall ascertain the necessity for a draw on the Series 1993 Reserve Instrument and provide notice to the Series 1993 Reserve Instrument Issuer in accordance with any applicable requirements of the Series 1993 Reserve Instrument. (b) The Trustee shall, on or before any payment date for the Series 1993 Bonds on which there are insufficient funds available in the Series 1993 Bond Service Subaccount to make the payment due on such payment date, draw upon the Series 1993 Reserve Instrument in accordance with its terms, to the extent necessary, and shall apply moneys received as a result of such drawing, to pay Principal Installments of and interest on such Series 1993 Bonds, whether upon redemption, at maturity or upon acceleration of maturity. If and to the extent that cash has also been deposited in the Debt Service Reserve Series 1993 Subaccount, all such cash shall be used (or investments purchased with such cash shall be liquidated and the proceeds applied as required) to make the payments on the Series 1993 Bonds prior to any drawing under the Series 1993 Reserve Instrument. (c) In the event that the Series 1993 Reserve Instrument is issued by FGIC as the Series 1993 Reserve Instrument Issuer, if the Series 1993 Reserve Instrument Issuer makes any payments to the Trustee pursuant to a draw on the Series 1993 Reserve Instrument as contemplated by Section 702(b), the City shall (1) repay the Series 1993 Reserve Instrument Issuer such amount and related reasonable expenses incurred by the Series 1993 Reserve Instrument Issuer, and the City (2) shall pay interest thereon at a rate equal to the lower of (i) the prime rate of Morgan Guaranty Trust Company of New York in effect from time to time plus 2% per annum or (ii) the highest rate permitted by law. Repayment of such draws, expenses and accrued interest are hereby designated as Series 1993 Reserve Instrument Repayment Obligations and shall commence in the first month -27- following each draw, and each such monthly payment shall be in an amount at least equal to 1/12 of the aggregate of such Series 1993 Reserve Instrument Repayment Obligations related to such draw by the City by transferring and depositing such amount in the Series 1993 Debt Service Reserve Subaccount subject to the provisions of Section 5.06(a)(1)(B) of the Resolution. The Trustee shall promptly pay such amounts to the Series 1993 Reserve Instrument Issuer in accordance with its instructions. Section 703. Remedies of Series 1993 Reserve Instrument Issuer. So long as the Series 1993 Reserve Instrument shall be in effect and there is no default in the payment obligation on the Series 1993 Reserve Instrument, if the City shall fail to repay any Policy Costs in accordance with Section 702(c) hereof the Series 1993 Reserve Instrument Issuer shall be entitled to exercise any and all remedies available at law or under the Resolution other than (i) acceleration of the maturity of the Series 1993 Bonds or (ii) remedies which would adversely affect holders of any Bonds. Section 704. No Assignment of Series 1993 Debt Service Reserve Instrument or Revenues. The Trustee shall not sell, assign or otherwise transfer the Series 1993 Reserve Instrument, except to a successor Trustee under this Series 1993 Supplemental Resolution and in accordance with the terms of the Series 1993 Reserve Instrument. The Trustee is authorized to comply with the provisions of the Series 1993 Reserve Instrument. Section 705. Consent of FGIC for Other Reserve Instruments. As long as the Series 1993 Reserve Instrument issued by FGIC shall be in effect and shall not be in payment default, the City shall not obtain, without the consent of FGIC, any Reserve Instrument relating to the Series 1993 Bonds other than the Series 1993 Reserve Instrument. Section 706. Replacement of FGIC as Series 1993 Reserve Instrument Issuer. The initial Series 1993 Reserve Instrument Issuer shall be FGIC. The City may, at its option, replace FGIC as the Series 1993 Reserve Instrument Issuer with any municipal bond insurance company whose claims-paying ability is rated in the highest rating category by both S&P and Moody's. In the event FGIC is replaced as the Series 1993 Reserve Instrument Issuer, this Series 1993 Supplemental Resolution may be supplemented and amended as provided in Section 8.01(b)(5) of the Resolution. ARTICLE VIII SERIES 1993 SECURITY INSTRUMENT Section 801. Authorization. The use of the Series 1993 Security Instrument to secure the Series 1993 Bonds is hereby authorized. So long as the Series 1993 Security Instrument shall be in effect and there is no default in the payment obligation on the Series 1993 Security Instrument, the City and the Trustee shall comply with the provisions of the Series 1993 Security Instrument and the provisions of this Article VIII. Subsequent to the issuance of the Series 1993 Security Instrument, the City has no obligation to pay any amount which would constitute Security Instrument Costs (provided that this sentence shall not be construed as limiting the City's obligation to pay amounts due on Series 1993 Bonds to which the Series 1993 Security Instrument Issuer has been subrogated). Any commitment fee, premium or Rating Agency fees payable in connection with the issuance of the Series 1993 Security Instrument prior to or upon issuance of the Series 1993 Security Instrument constitute Security Instrument Costs. -28- Section 802. Payments to Series 1993 Bondholders; Subrogation. (a) If, on the third business day preceding any interest payment date for the Series 1993 Bonds there is not on deposit with the Trustee sufficient moneys available to pay all Principal Installments of and interest on the Series 1993 Bonds due on such date, the Trustee shall immediately notify the Series 1993 Security Instrument Issuer and its designated agent (the "Fiscal Agent") of the amount of such deficiency. If, on said interest payment date, the City has not provided the amount of such deficiency, the Trustee shall simultaneously make available to the Series 1993 Security Instrument Issuer and to the Fiscal Agent the registration books for the Series 1993 Bonds maintained by the Trustee. In addition: (i) The Trustee shall provide the Series 1993 Security Instrument Issuer with a list of the Series 1993 Bondholders entitled to receive Principal Installments or interest payments from the Series 1993 Security Instrument Issuer under the terms of the Series 1993 Security Instrument and shall make arrangements with the Series 1993 Security Instrument Issuer and its Fiscal Agent (1) to mail checks or drafts to Series 1993 Bondholders entitled to receive full or partial interest payments from the Series 1993 Security Instrument Issuer and (2) to pay Principal Installments of the Series 1993 Bonds surrendered to the Fiscal Agent by the Series 1993 Bondholders entitled to receive full or partial Principal Installments payments from the Series 1993 Security Instrument Issuer; and (ii) The Trustee shall, at the time it makes the registration books available to the Series 1993 Security Instrument Issuer pursuant to (a) above, notify Series 1993 Bondholders entitled to receive the payment of Principal Installments of or interest on the Series 1993 Bonds from the Series 1993 Security Instrument Issuer (1) as to the fact of such entitlement, (2) that the Series 1993 Security Instrument Issuer will remit to them all or part of the interest payments coming due, (3) that, except as provided in paragraph (b) below, in the event that any Series 1993 Bondholder is entitled to receive full payment of the principal amount of a Series 1993 Bond from the Series 1993 Security Instrument Issuer, such Series 1993 Bondholder must tender his Series 1993 Bond with the instrument of transfer in the form provided on the Series 1993 Bond executed in the name of the Series 1993 Security Instrument Issuer, and (4) that, except as provided in paragraph (b) below, in the event that such Series 1993 Bondholder is entitled to receive partial payment of the principal amount of a Series 1993 Bond from the Series 1993 Security Instrument Issuer, such Series 1993 Bondholder must tender his Series 1993 Bond for payment first to the Trustee, which shall note on such Series 1993 Bond the portion of principal paid by the Trustee, and then, with the form of transfer executed in the name of the Series 1993 Security Instrument Issuer, to the Fiscal Agent, which will then pay the unpaid portion of principal to the Series 1993 Bondholder. (b) In the event that the Trustee has notice that any payment of principal of or interest on a Series 1993 Bond has been recovered from a Series 1993 Bondholder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Trustee shall, at the time it provides notice to the Series 1993 Security Instrument Issuer, notify all Series 1993 Bondholders that in the event that any Series 1993 Bondholder's payment is so recovered, such Series 1993 Bondholder will be entitled to payment from the Series 1993 Security Instrument Issuer to the extent of such recovery, and the Trustee shall furnish to the Series 1993 Security Instrument Issuer its records evidencing the payments of principal of and -29- interest on the Series 1993 Bonds which have been made by the Trustee and subsequently recovered from the Series 1993 Bondholders, and the dates on which such payments were made. (c) The Series 1993 Security Instrument Issuer shall, to the extent it makes payment of principal of or interest on the Series 1993 Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Series 1993 Security Instrument and, to evidence such subrogation, (1) in the case of subrogation to claims for past due interest, the Trustee shall note the Series 1993 Security Instrument Issuer's rights as subrogee on the registration books maintained by the Trustee upon receipt from the Series 1993 Security Instrument Issuer of proof of the payment of interest thereon to the holders of such Series 1993 Bonds and (2) in the case of subrogation as to claims for past due principal, the Trustee shall note the Series 1993 Security Instrument Issuer's right as subrogee on the registration books for the Series 1993 Bonds maintained by the Trustee upon receipt of proof of the payment of principal thereof to the holders of such Series 1993 Bonds. Section 803. Limitation on Issuance of Additional Bonds. So long as the Series 1993 Security Instrument shall be in effect and there is no default in the payment obligations on the Series 1993 Security Instrument, the City covenants that Variable Rate Bonds shall not be issued in an aggregate Principal amount exceeding 40% of the then Outstanding Principal amount of Bonds and Prior Lien Bonds unless the Trustee shall be provided with an Accountant's Certificate certifying that Net Revenues for the preceding two Fiscal Years equaled at least 125% of Aggregate Debt Service on the Bonds Outstanding and the proposed Bonds for such period, assuming Variable Rate Bonds Outstanding and proposed to be issued bore interest during such period at the maximum interest rate such Variable Rate Bonds may bear. Section 804. Limitation on Rights of Bondholders under Article VIII of the Resolution. So long as the Series 1993 Security Instrument is in full force and effect and not in default on any payment obligation, no Holder of a Series 1993 bond may exercise any rights under Sections 9.02 or 9.05 of the Resolution without the prior written consent of the Series 1993 Security Instrument Issuer. Section 805. Access to Registration Books. Upon the occurrence of an Event of Default which would require the Series 1993 Security Instrument Issuer to make payments under the Series 1993 Security Instrument, the Series 1993 Security Instrument Issuer and its designated agent shall be provided with access to the Bond registration books of the City maintained by the Trustee. Section 806. Supplemental Resolution Transcript. The Series 1993 Security Instrument Issuer shall be provided with a full transcript of all proceedings relating to the execution of any supplemental resolution, regardless of whether consent of the Series 1993 Security Instrument Issuer was required for such execution. Section 807. Additional Conditions for Defeasance. (a) Series 1993 Bonds shall, prior to the maturity or redemption date thereof, be deemed to have been paid within the meaning and effect of Section 11.01(a) of the Resolution upon satisfaction of the conditions specified in Section 11.01(b) of the Resolution provided that (a) the Government Obligations deposited with the Trustee pursuant to Section 11.01(b) of the Resolution are direct non- -30- callable obligations of the United States of America or other Government Obligations approved by the Series 1993 Security Instrument Issuer, and (b) the Trustee shall have received a verification report from an independent nationally recognized public accountant experienced in the preparation of such reports to the effect that funds from such Government Obligations and other available cash deposited with the Trustee will be available in sufficient amounts to satisfy the requirements of Section 11.01 of the Resolution. (b) Amounts paid by the Series 1993 Security Instrument Issuer under the Series 1993 Security Instrument shall not be deemed paid pursuant to Section 11.01(b) of the Resolution and shall continue to be due and owing under the Resolution and hereunder until actually paid by the City. Section 808. Notice. (a) The Security Instrument Issuer shall have the right to receive all notices under the Resolution that are given to the holders of any of the Series 1993 Bonds. All demands, notices, approvals, consents, requests, opinions and other communications hereunder to the Series 1993 Security Instrument Issuer shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed to, in the case of FGIC, Financial Guaranty Insurance Company, 175 Water Street, New York, New York, 10038, Attention: President. The Series 1993 Security Instrument Issuer may, by notice to the City and the Trustee, designate any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. Section 809. Reports and Information. The Series 1993 Security Instrument Issuer shall be provided with the following information: (i) Budget for each year and annual audited financial statements, preferably within 120 days after the end of the City's fiscal year; (ii) Official statement, if any, prepared in connection with the issuance of additional debt; (iii) Concurrently with the audited financials, a. Annual traffic data: i. Number of enplanements/deplanements ii. Number of airlines operating and percentage of enplane- ments/deplanements which each comprises, b. Number and names of airlines which maintain maintenance facilities at the airport, c. Current landing fees rates ($/1000 lbs.), d. Current terminal space rental rate ($/sq. ft.), and -31- e. Expansion and improvements projects planned or undertaken since last reporting date; (iv) Notice of the redemption, other than mandatory sinking fund redemption, of any of the Series 1993 Bonds including the principal amounts, maturities and CUSIP numbers thereof; and (v) Such additional information as the Series 1993 Security Instrument Issuer may reasonably request from time to time. Section 810. Series 1993 Reserve Instrument Issuer as Third-Party Beneficiary. The Series 1993 Reserve Instrument Issuer is a third-party beneficiary of the contract created by the Resolution and the obligations of the City thereunder, and the terms, conditions and obligations of the Resolution are specifically enforceable by the Series 1993 Reserve Instrument Issuer. Section 811. Replacement of FGIC as Series 1993 Security Instrument Issuer. The initial Series 1993 Security Instrument Issuer shall be FGIC. The City may, at its option, replace FGIC as the Series 1993 Security Instrument Issuer with any municipal bond insurance company whose claims-paying ability is rated in the highest rating category by both S&P and Moody's. In the event FGIC is replaced as the Series 1993 Security Instrument Issuer, this Series 1993 Supplemental Resolution may be supplemented and amended as provided in Section 8.01(b)(5) of the Resolution. ARTICLE IX MISCELLANEOUS Section 901. System of Registration. The Resolution shall constitute a system of registration within the meaning and for all purposes of the Registered Public Obligations Act, Chapter 7 of Title 15, Utah Code Annotated 1953, as amended. Section 902. Article and Section Headings. The headings or titles of the several articles and sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Series 1993 Supplemental Resolution. Section 903. Partial Invalidity. If any one of more of the covenants or agreements, or portions thereof, provided in this Series 1993 Supplemental Resolution to be performed shall be contrary to law, then such covenant or covenants, such agreement or agreements, or such portions thereof, shall be null and void and shall be deemed separable from the remaining covenants and agreements or portions thereof and shall in no way affect the validity of this Series 1993 Supplemental Resolution or of the Series 1993 Bonds; but the holders of the Series 1993 Bonds, any Security Instrument Issuer and any Reserve Instrument Issuer shall retain all the rights and benefits accorded to them under the Act or any other applicable provisions of law. Section 904. Effective Date. This Series 1993 Supplemental Resolution shall take effect immediately. -32- ADOPTED AND APPROVED this 21st day of November, 1989. SALT LAKE CITY, SALT LAKE COUNTY, UTAH Mayor [SEAL] COUNTERSIGN AND ATTEST: City Recorder Approved as to form: City Attorney RJS/jg1/859199-sr -33- (Other business not pertinent to the above appears in the minutes of the meeting.) Upon the conclusion of all business and upon motion duly made and carried, the meeting of the Municipal Council was adjourned. W. M. Stoler Chair ATTEST: Kathryn Marshall City Recorder [SEAL] -5- STATE OF UTAH ) COUNTY OF SALT LAKE ) I, Kathryn Marshall, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, 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 a regular public meeting of the Municipal Council of Salt Lake City, Salt Lake County, Utah, held on November 21, 1989, including a resolution adopted at said meeting, as said minutes and resolution are officially of record in the City Recorder's office. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the corporate seal of Salt Lake City, Salt Lake County, Utah, this 21st day of November, 1989. Kathryn Marshall City Recorder Salt Lake City, Salt Lake County, Utah [SEAL] RJS/RAC/jg1/859199-pro -6- it • sAlz "{c l slily if=ex) ®'e 91, 1V r OFFICE-;Of,;THE-PTY"COUNCIL sU IT,E 300t CITY HALE: 324 SOU,TI-I.STATE STREET t�SALT,:.L`_AKE-GITaf: U AH__84iL MEMORANDUM To: City Council Date: November 17, 1989 From: Cam Caldwell Subject: Party Ordinance Revisions At Council's request I met with Major 0. J. Peck; City Treasurer, Buzz Hunt; and Greg Hawkins of the City Attorney's Office to discuss revisions of the Party Ordinance. The changes which have been made had the unanimous support of the meeting participants. They include the following: * An expansion of the definition of "host" to assist the City in identifying an accountable party. * An elaboration on the "services fee" definition to enable the City to establish a minimum fee to be assessed if a second police follow-up is required at a location. This fee is $100 and is reduced to $50 if paid within ten days. * The collection process is spelled out in the ordinance. * The right of appeal to a hearing officer is spelled out. Please contact me if you have any questions about the ordinance, as revised. If you would like to discuss this ordinance at a Committee of the Whole meeting, please contact Cindy or me. The public hearing is slated to be set on November 21 for December 12, 1989. -1- ROGER F. CUTLER r T { ASSISTANT ATTORNEYS CITY ATTORNEY I1=� a gity�� i � j�® 1 RAY L. GREGR. HAWKINS MONTGOMERY STEVEN W. ALLRED r�i .i LARRY V. SPENDLOVE DEPUTY CITY ATTORNEY LAW DEPARTMENT BRUCE R. BAIRD CHERYL D. LUKE CITY AND COUNTY BUILDING FRANK M. NAKAMURA CITY PROSECUTOR 451 SOUTH STATE STREET, SUITE 505 ASSISTANT PROSECUTORS SALT LAKE CITY, UTAH 84111 CECELIA M. ESPENOZA RICHARD G. HAMP TELEPHONE (801) 535-7788 GLEN A. COOK FAX (801) 535-7640 November 8, 1989 TO: Cam Caldwell Council Office FROM: Greg R. Hawkins Assistant City Attorney Re: Parties, Gatherings or Events Ordinance Attached are the amended copies of the party ordinance. /77 GRH:rc Enclosures DRAFT SALT LAKE CITY ORDINANCE No. of 1989 (Parties, gatherings or events) AN ORDINANCE AMENDING TITLE 11, THE SALT LAKE CITY CODE, 1988, BY ADDING A NEW CHAPTER 12, RELATING TO PARTIES, GATHERINGS OR EVENTS, AS FOLLOWS: Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Title 11 of the Salt Lake City Code, be, and the same hereby is, amended by adding a new Chapter 12, relating to Parties, gatherings or events, as follows: Chapter 11.12 PARTIES, GATHERINGS OR EVENTS Sections: 11.12.010 Definitions. 11.12.020 Initial police responses to parties. 11.12.030 Subsequent police responses to parties, Gatherings or events--Liability. 11.12.040 Recovery of actual costs. 11.12.050 Costs--Collection. 11.12.060 This section not to preclude other appropriate action. 11.12.070 Appeal. 11.12.010 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning for this chapter as indicated below: A. "Party, gathering or event" means three or more people who have assembled or are assembling for a social activity where alcoholic beverages have been or are being consumed, or substances regulated by the Utah Controlled Substances Act are used by any person at the party, or where the noise from the party makes a noise disturbance prohibited by section 9 .28 .040, Salt Lake City Code. B. "Host" means: (a) The person having an ownership or leasehold interest in the premises where the party, gathering or event is located; and/or (b ) A person who resides at the location or occupies in any capacity, whether for personal or business purposes, the property where the party, gathering or event takes place; and/or (c) The person in charge of the premises; and/or (d) The person who organized the event; and/or (e) The person who gave permission to hold the party on the premises. ( f) If the party is hosted by an organization, either incorporated or unincorporated, the term "host" shall include the officers of the organization. (g) In the event the "host" is a minor under eighteen years of age, the term "host" shall include the parent or parents or legal guardian of the minor, whether or not they are present at the site. C. "Services fee" means a civil penalty imposed which equals the cost to the City of any special security assignment and shall include, but is not limited to, salaries of police officers while responding to or remaining at the party, • gathering or event; the pro rata cost of equipment; the cost of repairing City equipment and property damaged while responding to the gathering; the cost of any medical treatment or -2- disability, sick leave or other related costs of police officers injured while responding to the party or gathering, regardless of fault; costs of collection and the cost of reasonable attorney' s fees. It is determined the equitable minimum service fee currently is one hundred dollars. If paid or appealed within ten days of receipt of the notice the amount shall be reduced by the sum of fifty dollars. If paid within twenty days of receipt of the notice the amount shall be reduced by the sum of forty dollars. If paid within thirty days of receipt of the notice the amount shall be reduced by the sum of thirty dollars; any penalty paid within forty days shall be reduced by the sum of twenty dollars. D. "Special security assignment" means the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host or person( s) who are identified as being in charge of the party in absence of the host, that a fee may be imposed for costs incurred by the City for any subsequent police response. 11.12.020 Initial police responses to parties, gatherings or events. When any police officer responds to any party, gathering or event in response to allegations that activities or noise may be in violation of the law, and the officer \\ 0\ 1,0 finds there is probable cause to believe the activities or noise may be in violation of the law, the police officer, in addition to any other action the situation requires, shall issue a written -3- notice to the host, 1;,e?‘o' "ide,'ti ed-----a` beih The notice shall inform the host or-person( s) iaentitied 3s -13e-i-ritr'llrZrargit that a subsequent response to that same location or address, within a twenty four hour period, shall be deemed a special security assignment and that the host( s) may be liable for the services fee as defined in this chapter. 11. 12.030 Subsequent police responses to parties, gatherings or events--Liability. If, after a written notice is issued pursuant to section 11. 12.020, there is a subsequent police response to the same location or address within a 24 hour period, such response shall be deemed a special security assignment. The host( s ) , as defined in this chapter, shall be jointly and severally liable for the services fee, as defined in this chapter. The officer shall issue a second notice by giving it to the host( s ) or by leaving it in a conspicuous place on the premises where the party is being held if the host( s) is/are not available. 11.12.040 Recovery of actual costs. In addition to the civil penalty, the City reserves the right to seek reimbursement for actual costs which exceed the civil penalty, through other legal theories, remedies or procedures. 11, 12,050 Costs--Collection. The chief of police shall notify the city treasurer in writing of the performance of a special security assignment, of the name and address of the responsible person( s) , the date and time of the incident, services performed, costs thereof and such -4- other information as may be required. The city treasurer shall thereafter take action to collect the amount due. 11.12.060 This section not to preclude other appropriate action. Noting in this chapter shall be construed to prevent the arrest and/or citation of violators of the state penal code or other regulations, ordinances or laws, either in the first visit or subsequent visits . 11.12.070 Appeal. A. Right and Time to Appeal . A host who has been assessed a service fee may appeal within ten days of receiving the notice. No appeal shall be allowed after ten days. B. Manner of Making Appeal. A person may appeal the special service assignment to a hearing officer appointed by the mayor to hear matters relating to special security assignment service fees to contest the matter. SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON I ATTEST: CITY RECORDER -5- Transmitted to the Mayor on Mayor' s Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1989. Published: GRH:rc -6- Lc • i 1 r O RRORA ION1 = D ICE' DEPARTMENT TELEPHONE(801)7993000 315 EAST 200 SOUTH MIKE CHABRIES FAX(801)799-3557 SALT LAKE CITY, UTAH 84111 CHIEF OF POLICE August 17 , 1989 Honorable Palmer DePaulis Mayor Salt Lake City & County Bldg. 451 South 200 East Salt Lake City, Utah 84111 Dear Mayor DePaulis : For many years , especially in the summer months, private parties have posed a special [problem for the Police Department. Initial responses to loud, active parties require several officers to respond for safety and other reasons. Upon arrival, we are many times confronted by boisterous party-goers who are under the influence of drugs and/or alcohol. We offer little incentive for them to comply with the laws. Our jails are full and a misdemeanor citation does little to motivate an intoxicated party-goer in the presence of peers at the apex of their evening. Upon our departure, little time passes before we find ourselves receiving additional complaints from neighbors and sending two, three or more officers to the same location to repeat the exercise . The frustration of our officers is exceeded only by helpless neighbors . Clearly, we waste our time and resources repeating this scenario night after night. This letter introduces a draft of a proposed City Ordinance which, if enacted , will create a serious financial incentive for those receiving first warnings , to comply with the law. The ordinance requires that our officers issue a written warning to a responsible person. If the police have to respond to the same location within 24 hours, police serviced costs are levied against the responsible person. The Chief then notifies the City Treasurer of the incident, specifying costs , and appropriate billings are generated. Mayor DePaulis August 17, 1989 Page 2 We feel this ordinance will be an effective tool in reducing manpower demands on the Police Department. In concurrence with the City Attorney ' s office, we therefore recommend the ordinance be passed as written. S ' ncer ly, 67 (__- ICHAEL P . CHABRIES Chief of Police MPC/OJP/nw cc: Admin. File DRAFT SALT LAKE CITY ORDINANCE No. of 1989 (Parties, gatherings or events) AN ORDINANCE AMENDING TITLE 11, THE SALT LAKE CITY CODE, 1988, BY ADDING A NEW CHAPTER 12, RELATING TO PARTIES, GATHERINGS OR EVENTS, AS FOLLOWS: Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Title 11 of the Salt Lake City Code, be, and the same hereby is, amended by adding a new Chapter 12, relating to Parties, gatherings or events, as follows: Chapter 11.12 PARTIES, GATHERINGS OR EVENTS Sections: 11.12.010 Definitions. 11.12.020 Initial Police Responses to Parties. 11.12.030 Subsequent Police Responses to Parties, Gatherings or Events; Liability. 11.12.040 Cost; Collection. 11.12.010 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: A. "Party, gathering or event" shall mean three or more people who have assembled or are assembling for a social activity where alcoholic beverages have been or are being consumed, or substances regulated by the Utah Controlled Substances Act are used by any person at the party, or where the noise from the party disturbs the public peace. B. "Host" shall mean the person who owns, or as a tenant leases, rents or otherwise resides at the location or occupies in any capacity, whether for personal or business purposes, the property where the party, gathering or event takes place; and/or the person in charge of the premises; and/or the person who organized the event; and/or the person who gave permission to hold the party on the premises. If the party is hosted by an organization, either incorporated or unincorporated, the term "host" shall include the officers of the organization. In the event the "host" is a minor under eighteen years of age the term "host" shall include the parent or parents or legal guardian of the minor. C. "Services fee" shall mean the cost to the City of any special security assignment and shall include, but is not • limited to, salaries of police officers while responding to or remaining at the party, gathering or event; the pro rata cost of equipment; the cost of repairing City equipment and property damaged while responding to the gathering; the cost of any medical treatment or disability, sick leave or other related costs of police officers injured while responding to the party or gathering, regardless of fault; costs of collection and the cost of reasonable attorney' s fees. D. "Special security assignment" shall mean the assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the distribution of a written notice to the host or -2- person( s) who are identified as being in charge of the party in absence of the host, that a fee may be imposed for costs incurred by the City for any subsequent police response. 11.12.020 Initial Police Responses to Parties, Gatherings or Events. When any police officer responds to any party, gathering or event in response to allegations that activities or noise may be in violation of the law, and the officer in good faith finds there is probable cause to believe there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written notice to the host or person( s) - identified as being in charge. The notice shall inform the host or person( s ) identified as being in charge that a subsequent response to that same location or address, within a twenty four hour period, shall be deemed a special security assignment and that the host( s) may be liable for the services fee as defined in this chapter. 11.12.030 Subsequent Police Responses to Parties, Gatherings or Events; Liability. If after a written notice is issued pursuant to section 11 . 12. 020, a subsequent police response to the same location or address, within a 24 hour period, such response shall be deemed a special security assignment. The host or person( s ) identified as being in charge who were warned shall be jointly and sever- ally liable for the services fee, as defined in this chapter. -3- The amount of such fee shall be a debt owed to the City by the host( s) and/or person( s) warned. In no event shall the fee be more than One Thousand Dollars. The City reserves the right to seek reimbursement for actual costs, exceeding One Thousand Dollars through other legal theories, remedies or procedures. The subsequent response may also result in the arrest and/or citation of violators of the state penal code or other regulations, ordinances or laws, but this provision shall not be construed to preclude appropriate action, including arrests or whatever on the first visit by the police to the gathering. 11,12,040 Cost; Collection. The chief of police shall notify the city treasurer in writing of the performance of a special security assignment, of the name and address of the responsible person( s) , the date and time of the incident, services performed, costs thereof and such other information as may be required. The city treasurer shall thereafter cause appropriate billings to be made. SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON -4- ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) Bill No. of 1989. Published: GRH:rc -5- STAFF RECOMMENDATION BUDGET AMENDMENT NO.4 NOVEMBER 15, 1989 STAFF REC0MMENDATI0N: LEE KING ACTION OF COUNCIL: Amend Salt Lake City Ordinance No. 36 of 1989 adopting the budget of Salt Lake City, Utah for the fiscal year beginning July 1, 1989 and ending June 30, 1990. BACKGROUND INFORMATION:_ The City Council will hold a public hearing on November 21, 1989 to receive comments pertaining to budget amendment number 4 for the fiscal year 1989-90 operating budget. The primary purpose of this amendment will be to appropriate funds for CDBG carryover projects and to appropriate program income funds from various Special Revenue Grants. STAFF ANALYSIS: There are sixteen ( 16) separate requests contained in this budget amendment pertaining to various funds. SPECIAL REVENUE GRANTS: The amendment includes adding program income funds received from loan repayments to the loans/grants program of RDA ($628,286); adding program income funds received from loan repayments to the rental rehab program of RDA ($131,519); adding program income funds received from loan repayments to the capitol hill revolving loan program ($14, 213); and adding program income funds received from repayments for cleaning and securing vacant properties ($1,764). CDBG: During the Committee of the Whole discussion of CDBG carryover funds and the Rape Crisis Center on October 5, 1989, the Council tentatively approved reappropri.ating CDBG carryover and prior year slippage to the following projects: CDBG Administrative Contingency ($15,000); Capital Planning Personnel Costs ($49,000); Salt Lake Rape Crisis Center ($43,000); and Community Development Corporation ($71,649). A new request not previously discussed is adding carryover funds to El Centro Civico. These funds were identified during the fiscal year end closing and are being held against a potential liability stemming from a contractual dispute with the project architect. CAPITAL I[ PROVEMENT FUND: Changes to the CIP include adding $145,000 of additional property Owner funds and $65,000 of RDA funds to increase the scope of the CBD project at the request of the property owners. The RDA funds are carryovers from the 88-89 budget, Transferring $6,000 from CIP contingency to the Public Safety Building project to complete a safety study of the parking structure. This will leave $123,885 in the General Fund CIP Contingency. Transferring $100,000 from the debt service fund interfund transfer account to the CIP and create a new CIP project to correct the lighting problem in the City & County Building. This problem could eventually end up in litigation. The Administration is requesting to transfer the funds to solve the problem in the near term while starting the process to have the contractor eventually repay the City. INTERNAL SERVICE FUNDS: Increase fleet maintenance budget by $71, 273. When the neighborhood clean-up program was restored to the 1989-90 budget, maintenance costs were added to Street's budget but not to Fleet's. This action is a technical adjustment that appropriates the funds to the Fleet budget. Adjusting the Municipal Building Authority budget for golf course construction for the actual carryover amounts remaining in bond proceeds and interest earnings. The original budgeted amount was merely an estimate made early in the budget. process. This action appropriates the actual carryover amounts plus the estimated interest for the remainder of the year. GENERAL FUND: Add $29, 328 in funds received from the sale of seized vehicles as part of the cooperative narcotics investigation between the Police Department and federal agencies. $14,412 will be utilized to upgrade microcomputers in records. This includes upgrading 3 workstations and purchasing components for 3 additional workstations. $14,916 is requested for 3 service dogs. The animals will be used for locating hidden burglars, sniffing for drugs, and other crime related actions. They will not be used for crowd dispersal. You should be aware that there will be ongoing costs of approximately $4,000 for upkeep. Funding for this will have to be considered in future budget years. RECOMMENDED ACTION: Approve Budget Amendment No. 4 as proposed. RECOMMENDED MOTIONS: I move that we close the public hearing. I move that we amend Salt. Lake City Ordinance No. 36- of 1989 adopting the budget of Salt Lake City for the fiscal year beginning July 1, 1989 and ending June 30, 1990, as proposed. ANTICIPATED OPPOSITION: NONE 1990 Budget Amendment #4 November 21, 1989 page 1 of 1 I MAJOR FUND CLASSIFICATIONS I INTERNAL CAPITAL EXPLANATION AGENCY/ GENERAL ENTERPRISE SERVICE IMPROVEMENT SPECIAL REVENUE FUNDS OTHER PROJECT OR DEPARTMENT OF DEPARTMENT FUND FUNDS FUNDS FUND GRANT OTHER FUNDS FUND CLASS TOTALS AMENDMENT REQUEST Non-Departmental 628,286 RDA Loans/Grants Request: Add program income funds received from loan repayments to the loans/grants program of RDA, 131,519 RDA Rental Rehab. Request: Add program income funds received from loan repayments to the rental rehab. program of RDA. 14,213 Capitol Hill Loans Request: Add program income funds received from loan repayments to the capitol hill revolving loan program. 1,764 Cleaning/Securing Request: Add program income funds received from re- Vacant Properties payments for cleaning and securing vacant properties to the program. 15,000 CDBG Administrative Request: Allocate to four programs administrative 11 Contingency slippage identified at fiscal 88-89 year-end. Total 49,000 Cap. Plan.Prog. allocated will equal S178.660. 43,000 Rape Crisis Center 71,649 Comm. Devel.Corp. 6,040 El Centro Civico Re89 ques dt: A nd.d carryover funds identified at fiscal 88- year-e 210,000 CBD Beautification Request: Add $145,000 of additional property owner funds and S65,000 of additional RDA funds to do add- itional work on the project. 6,000 Public Safety Bldg -6,000 CIF Contingency Request: Transfer funds from CIF contingency to the Public Safety Bldg. project to complete a study of the parking structure located on the grounds. 1,658,977 Mun. Bldg. Auth Request: To adjust the MBA budget for Golf Course construction for the actual carryover amounts remaining in bond proceeds and interest earnings and adding additional actual and anticipated interest earnings through June 30, 1990. 100,000 100,000 City/County Bldg./ Request: To increase the debt service fund interfund Debt Serv. reserve transfers account by S100,000 from unbudgeted fund balance and increase interfund transfers revenue in the CIP fund and create a CIP pro ect to correct the lighting problem in the City/Coup y Bldg. 3,030,259 Human Resource Mgmt 71,273 Fleet Maintenance Request: To increase the fleet maintenance budget and Administrative for the amount of charges restored by the Council Services for the neighborhood clean-up program. The funds were added to Street's budget but not Fleet's. 71,273 Police 14,412 computer equip/ Request: To add funds received from the sale of 14,916 'sniffer' dogs seized vehicles as part of a cooperative narcotics investigation effort between our Police dept. and agencies of the Federal government to the budget to purchase needed computer equipment in records and to put in force 3 service dogs and other costs associated with locating hidden burglars, sniffing for drugs, and other crime related actions. They will not be used for crowd dispersal, etc. 29,328 Totals 29,328 0 1,730,250 310.000 961,282 0 100,000 3,130,860 amond.nov.90 GENERAL FUND BUDGET SUMMARY FY 1989-90 Amended Amended Budget 11/21/89 Budget 1989-90 Amendments 1989-90 Resources Revenue Taxes: Property Taxes $25,042,046 $ - $25,042,046 Sales and Use Taxes 21,345,156 - 21,345,156 Franchise Taxes 14,634.736 - 14,634,736 Total Taxes 61,021,938 0 61.021,938 Other Current Revenue: Licenses and Permits 4,115,630 - 4,115,630 Fines and Forfeitures 3,183,640 - 3,183,640 Interest 2,621,670 - 2,621,670 Charges for Services 2,234,672 - 2,234,672 State Beer/Liquor Tax 450,000 ` - 450,000 Intergovernmental Revenue 1,654,104 29,328 1,683,432 Parking Meter Collections 1,282,862 - 1,282,862 Interfund Reimbursement 3,881,821 - 3,881,821 Other Revenue 153,500 - 153,500 Total Other Current Revenue 19,577,899 29,328 19,607,227 Other Sources Bond Reserves - - - Transfer-in From Other Funds 2,266,118 - 2,266,118 From Reserve/Fund Balance - - - Total Other Sources 2,266,118 0 2,266,118 Total Resources $82,865,955 $29,328 $82,895,283 Uses Expenditures Attorney $1,177,213 $ - $1,177,213 City Council 572,764 - 572,764 Community and Economic Dev. 3,498,585 - 3,498,585 Finance 4,274,390 - 4,274,390 Fire 17,780,680 - 17,780,680 Human Res. Mgt. & Ad. Serv. 3,948,886 - 3,948,886 Mayor 894,658 - 894,658 Non Departmental 3,609,448 - 3,609,448 Parks 5,664,271 - 5,664,271 Police 19,091,428 29,328 19,120,756 Public Works 14,264,986 - 14,264,986 Total Expenditures 74.777,309 29,328 74,806,637 Other Uses Interfund Transfers: Street Lighting Fund- 102,668 - 102,668 Capital Projects Fund 4,980,000 - 4,980,000 Refuse Collection Fund 555,915 - 555,915 Fleet Replacement Fund 2,139,500 - 2,139,500 Demolition Fund 20,000 - 20,000 Weed Abatement Fund 15,000 - 15,000 Governmental Immunity 63,532 - 63,532 To Reserve/Fund Balance - - - Contingency 212,031 - 212,031 Total Other Uses 8,088,646 0 8,088,646 Total Uses $82,865,955 $29,328 $82,895,283 1 FLEET MANAGEMENT INTERNAL SERVICE FUND BUDGET SUMMARY FY 1989-90 Amended Budget 11/21/89 Budget 1989-90 Amendments 1989-90 Resources Revenue Charges for Services $4,659,104 $71,273 $4,730,377 Other Revenue 83,000 - 83,000 Total Revenue 4,742.104 71,273 4,813,377 Other Sources Charges for Replacement Transfer from General Fund 2,139,500 - 2.139,500 Interest 30,000 - 30,000 Insurance Claims-Replacement - - 0 Sale of Vehicles - - 0 From Reserves/Fund Balance 1,939,875 - 1,939,875 Total Other Sources 4,109,375 0 4,109,375 Total Resources $8,851,479 $71,273 $8,922,752 Uses Expenditures Personal Services $1,984,437 $ - $1,984,437 Materials and Supplies 1,995,500 71,273 2,066,773 Data Processing Services 55,084 - 55,084 Towing 16,275 - 16,275 Utilities 144,766 - 144,766 Risk Management Premiums 117,790 - 117,790 Admin. Service Fees-C.F. 231,453 - 231,453 Contractual Services 70,000 - 70,000 Other Charges and Services 34,775 - 34,775 Total Expenditures 4,650,080 71,273 4,721,353 Other Uses Transfer to General Fund - - - Capital Outlay: Maintenance 77,000 - 77,000 Vehicles 4,119,375 - 4,119,375 Contingency 5.024 - 5,024 To Reserve/Fund Balance - - - Debt Service: Lease Principal - - - Lease Interest - - - Total Other Uses 4,201,399 0 4,201,399 Total Uses $8,851,479 $71,273 $8,922,752 2 MUNICIPAL BUILDING AUTHORITY INTERNAL SERVICE FUND - BUDGET SUMMARY FY 1989-90 Budget 11/21/89 Budget 1989-90 Amendments 1989-90 Resources Revenue Garbage Trucks/Cans Lease $785,000 $ - $785,000 Street Lights Lease-SID 135,000 - 135,000 Telephone System Lease 338,000 - 338,000 Public Safety Bldg and City' Share of Street Lights 1,044,416 - 1,044,416 Golf Course Lease 321.298 - 321,298 Total Revenue 2,623,714 0 2,623,714 Other Sources Bond Proceeds - - - Interest-Debt Service - - - Interest-Capitalized - - - Interest-Capitalized Golf 12,000 - 12,000 Interest-Reserved 195,000 - 195,000 Interest-Golf Construction 90,000 108,065 198,065 From Reserves/Fund Balance 3,320,670 1,550,912 4,871,582 Total Other Sources 3,617,670 1,658,977 5,276,647 Total Resources $6,241,384 $1,658,977 $7,900,361 Uses Other Uses Bond Issue Costs $ - $ - $ - Debt Service-Principal 1,395,000 - 1,395,000 Debt Service-Interest 1,814,859 - 1,814,859 Debt Service-Fees 13,200 - 13,200 Capital Purchases: - Golf Course Construction 3,018,325 1.658,977 4,677,302 Trucks and Cans - - - Street Lights - - - Telephone System - - - Public Safety Building - - - Transfer to General Fund - - - To Reserve/Fund Balance - - - Total Uses $6,241,384 $1,658,977 $7,900,361 3 COMMUNITY DEVELOPMENT BLOCK GRANT OPERATING FUND SPECIAL REVENUE FUND BUDGET SUMMARY FY 1989-90 Amended Amended Budget 11/21/89 Admin. Budget 1989-90 Amendments Adjustments 1988-89 Resources 1989 (15th Year) Entitlement $2.539,850 $ - $ - $2,539,850 Prior Year Entitlements 1,109,151 178,660 - 1,287,811 Program Income - 644,263 - 644,263 Total Resources 83,649,001 $822,923 $ - $4,471,924 Uses Prior Year Projects: $1,109,151 $11 $ - $1,109,162 Capitol Hill Revolving - 14,213 - 14,213 Administrative Contingency - 15,000 - 15,000 Capital Planning Admin. - 49,000 - 49,000 Rape Crisis Center - 43,000 - 43,000 Community Development Corp. - 71,649 - 71,649 Current Year Projects New Hope Cultural Center 16,000 - - 16,000 Capitol West Boys/Girls Club 28,500 - - 28,500 Housing Rehabilitation 700,000 628,286 - 1,328,286 Alliance House Rehabilitation 11,000 - - 11,000 Assist 240,000 - - 240,000 NHS 90,000 - - 90,000 Security Lock Program 30,000 - - 30,000 Neighborhood Self-Help 15,000 - - 15,000 Neighborhood Attorney 7,000 - - 7,000 Oper New Men/Family Shelter 58,000 - - 58,000 Oper of Exist Womens Shelter 25,000 - - 25,000 Crime Prevention 81,000 - - 81.000 Environmental Assessment 7,500 - - 7,500 Westside Food Pantry 26,000 - - 26,000 Housing Outreach Rental 35,500 - 2,000 37,500 Community Affair Admin 45,000 - - 45,000 Planning Administration 55,000 - - 55,000 Finance Administration 35,000 - - 35,000 Attorney Administration 42,000 - - 42,000 Capital Planning Admin 230,000 - - 230,000 Operation Paintbrush 40,000 - - 40,000 Clean & Secure Vacant Propert 20,000 1,764 - 21,764 Boarded at Risk Bldg Asst 75,000 - - 75,000 Low Incom Housing Maint 13,000 - - 13,000 Community Development Corp 80,000 - - 80,000 Section 108 Canterbury Apt 300,000 - - 300,000 Crisis Nursery Rennovate 18,000 - - 18,000 First Step House Rennov 52,000 - - 52,000 Bike Path 200W 800S-300N 3,200 - - 3,200 Bike Path 300N 200-1200W 3,900 - - 3,900 Bike Path 800S 800-1000W 1,000 - - 1,000 Living Traditions Festival 15,000 - - 15,000 Downtown Plan Strategies 35,000 - - 35,000 Operating Contingency 56,250 - -2,000 54,250 SLACC Administration 50,000 - - 50,000 Total Projects $3,649,001 $822,923 $0 $4,471,924 4 GRANT OPERATING FUND SPECIAL REVENUE FUND BUDGET SUMMARY FY 1989-90 Amended Amended Budget 11/21/89 Budget 1989-90 Amendments 1989-90 Resources State Grant $63,772 $ - $63,772 UDAG Grant Repayments 423,719 - 423,719 Utah Transit Authority 5,000 - 5,000 Redevelopment Agency of SLC 15,000 - 15,000 Federal Grant 221,000 - 221,000 STT UDAG Settlement account 2.500,000 - 2,500,000 Salt Lake County 109,500 - 109,500 Prior year grant balances 647,442 6.840 654,282 Program Income - 131,519 131,519 Total Resources $3.985,433 $138,359 $4,123,792 Uses Emergency Medical Services $63,772 $ - $63,772 UDAG Revolving Loan Program 423,719 - 423,719 Downtown Parking Study 20,000 - 20,000 1989-90 Renter Rehab. Program 221,000 131,519 352,519 1988-89 Renter Rehab. Program 295,000 - 295,000 1987-88 Renter Rehab. Program 165,223 - 165,223 McKinney Shelter Project 62,000 - 62,000 Urban Homestead Program 125,000 - 125,000 Homeless Mentally Ill Study 219 - 219 Employment Security Parking 2,500,000 - 2,500,000 New Women's Shelter 109,500 - 109,500 El Centro Civico - 6,840 6,840 Total Uses $3,985,433 $138,359 $4,123,792 5 CAPITAL PROJECTS FUND BUDGET SUMMARY _ FY 1989-90 Amended Budget 11/21/89 Admin. Budget 1989-90 Amendments Adjustments 1988-89 Resources Transfer from General Fund $4,980,000 $ - $ - $4,980,000 CDBG 1,607,150 - - 1,607,150 Salt Lake County 1,089,635 - - 1,089.635 Class 'C' Road Fund 1,250,000 - - 1,250,000 Redevelopment Agency of SLC 1,681,000 65,000 - 1,746,000 Bond Proceeds 1,850,000 - - 1,850,000 Property Owners 2,435,000 145,000 - 2,580,000 Charges for Services 203,500 - - 203.500 State of Utah 4,256 - - 4,256 Private danations 5,500 - - 5,500 Carryover Funds 12,140,923 - - 12,140,923 Transfer from Debt Service Fd. - 100,000 - 100,000 Total Resources $27,246,964 $310,000 $0 $27,556,964 Projects Street Improvements: Sidewalk SID 210,000 - - 210,000 Local Street SID 990,000 - - 990,000 400 South to 500 South 1,000,000 - - 1,000,000 California Avenue 1,250,000 - - 1,250,000 Central Bus. Dist. Beaut 1,620,000 210,000 - 1,830,000 Traffic Safety Management 60,000 - - 60,000 Street Light Replacement 135,000 - - 135,000 100% Sidewalk Replacement 200,000 - - 200,000 Argyle/Edmonds 85,000 - - 85,000 Euclid 60,000 - - 60,000 500 South-700/900 East 480,000 - 50,000 530,000 Median Island Design 25,000 - 2,500 27,500 Central City 5,000 - - 5,000 East Central 58,000 - -50,000 8,000 Sugarhouse 35,000 - - 35,000 Future Street Redesign 15,000 - 3,000 18,000 400 West Streets 40,000 - - 40,000 Hain Street Curb & Gutter 20,000 - - 20,000 Total Street Improvements 6,288,000 210,000 5,500 6,503,500 Drainage Improvements: State Street 401,000 - - 401,000 Main Street 424,000 - - 424,000 South Temple-'M'/'O' Streets 250,000 - - 250,000 500 West-250/530 North 9,000 - - 9,000 Total Drainage Improvements 1,084,000 - - 1,084,000 Parks and Public Facilities: Canterbury Apartments 60,000 - - 60,000 City and County Building 3,366,500 - - 3,366,500 Miscellaneous Facilities Repair 150,000 - - 150,000 Earthquake Hazard Imp 100,000 - - 100.000 Sunnyside Recreation Center 1,850,000 - 671,000 2,521,000 Tracy Aviary 150,000 - - 150,000 Fire Station #10 Construction 305,000 - -51,000 254,000 Park Facilities Fund 143,500 - - 143,500 Jordan Park Irrigation/Walk 95,000 - - 95,000 Athletic Park-Phase II 50,000 - - 50,000 Poplar Grove Park Irrigation 73,000 - - 73,000 Farimont Pk. Improve. Design 10,000 - - 10,000 Urban Forestry Planting 50,000 - - 50.000 Marmalade Hill Center Rehab. 47,000 - - 47,000 Glendale Youth Center Design 25,000 - - 25,000 City/County Landfill 450,000 - - 450,000 Art Barn 5,500 - - 5,500 Public Safety Building - 6,000 - 6,000 City/Cnty Bldg. Lighting - 100,000 - 100,000 Total Parks and Pub. Fac. 6,930,500 106,000 620,000 7,656,500 % for Art 16,400 - - 16,400 Contingency(General Fund) 749,885 -6,000 -620,000 123,885 Contingency(CDBG) 33,000 - -5,500 27,500 Slippage 4,256 - - 4,256 Carryover Projects 12,140,923 - - 12,140,923 Total Projects $27,246,964 $310,000 $0 $27,556,964 6 BUILDING RESTORATION DEBT SERVICE FUND - BUDGET SUMMARY FY 1989-90 Amended Budget 11/21/89 Budget 1989-90 Amendments 1989-90 Resources Revenue Intergovernmental revenue $300,000 $ - $300,000 Interest income - - - Rental 120,000 - 120,000 Other - - - Total Revenue 420,000 - 420,000 Other sources Transfer from CIP fund 3,366,500 - 3,366,500 From Reserve/Fund Balance 1,534,155 100,000 1,634,155 Total Resources $5,320,655 $100.000 S5,420,655 Uses Expenditures Interest expense $2,811,500 - $2,811,500 Principal 975.000 - 975,000 Total Expenditures 3,786,500 0 3,786,500 Other Uses Transfer to Gen. Fund 1,534,155 - 1,534,155 Transfer to CIP Fund - 100,000 100,000 To Reserve/Fund Balance - - - Total Other Uses 1,534,155 100,000 1,634,155 Total Uses $5,320,655 $100,000 $5,420,655 7 SALT LAKE CITY ORDINANCE NO. OF 1989 (Amending the Budget of Salt Lake City, Utah) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE NO. 36 OF 1989 ADOPTING THE BUDGET OF SALT LAKE CITY, UTAH, FOR THE FISCAL YEAR BEGINNING JULY 1 , 1989 AND ENDING JUNE 30, 1990 . PREAMBLE On June 13 , 1989 , the Salt Lake City Council (the "City Council" ) adopted the budget of Salt Lake City, Utah for the fiscal year beginning July 1, 1989 and ending June 30, 1990 , in accordance with the requirements of Section 118, Chapter 6 , Title 10, of the Utah Code Annotated, and said budget was approved by the Mayor of Salt Lake City, Utah. The Director of Finance, acting as the City' s Budget Officer, prepared and filed with the City Recorder proposed amendments to said duly adopted budget, copies of which are attached hereto, for consideration by the City Council and inspection by the public . The City Council fixed a time and place for a public hearing to be held on November 21, 1989 to consider the attached proposed amendments to the budget and ordered notice thereof be published as required by law. Notice of said public hearing to consider the amendments to said budget was duly published and a public hearing to consider the attached amendments to said budget was held on November 21 , 1989 in accordance with said notice at which hearing all interested parties for and against the budget amendment proposals were heard and all comments were duly considered by the City • Council . All conditions precedent to amend said budget have been accomplished. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . Purpose. The purpose of this Ordinance is to amend the budget of Salt Lake City, Utah as adopted by Salt Lake City Ordinance 36 of 1989 . SECTION 2 . Adoption of Amendments . The budget amendments attached hereto and made a part of this Ordinance be, and the same hereby are adopted and incorporated into the budget of Salt Lake City, Utah for the fiscal year beginning July 1, 1989 and ending June 30, 1990, in accordance with requirements of Section 128 , Chapter 6 , Title 10, of the Utah Code Annotated. SECTION 3 . Certification to Utah State Auditor. The Director of the City' s Finance Department, acting as the City' s Budget Officer, is authorized and directed to certify and file a copy of said budget amendments with the Utah State Auditor. SECTION 4 . Filing of Copies of the Budget Amendments . The said Budget Officer is authorized and directed to certify and file a copy of said budget amendments in the office of said Budget Officer and in the office of the City Recorder, which amendments shall be available for public inspection. SECTION 5 . Effective Date. This Ordinance shall take effect on its first publication. -2- Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: 10 CITY RECORDER Approved by the Mayor this day of , 1989 . MAYOR ATTEST: CITY RECORDER FMN:cc (SEAL) Bill No. of 1989 Published -3-