10/09/1990 - Minutes 411
PROCE NGS OF THE CITY COUNCIL OF SALT LAP CI TAH
TUESDAY, OCTOBER 9, 1990
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole, Tuesday, October 9, 1990, at 5:00 p.m. in Room 325, City
Council Office, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Tom Godfrey
Roselyn Kirk Don Hale
The following Council Members were absent:
Wayne Horrocks Nancy Pace
Council Chair Hardman presided at and conducted the meeting.
Councilmember Hardman called
the meeting to order at 5:00 p.m.
Agenda Item D-4: Reappointment
of Bernice Cook to the Community
Development Advisory Committee.
Ms. Gust-Jensen said this item had
been pulled from the agenda.
Agenda Item E-1: Utah
Municipal Finance Cooperative
Agreement resolution. Mr. Dick
Fox, Salt Lake City Bond Council,
said he had been in contact with
Roger Cutler, City Attorney, and
had discussed the item in detail.
Councilmember Godfrey asked if the
motion on this item should be
"suspend and adopt" , or "suspend
and adopt with the conditions
stipulated by the City Attorney. "
Councilmember Hardman requested
Ms. Gust-Jensen to review this
question with Mr. Cutler and
provide recommended language for a
motion.
The meeting adjourned at 5:23
p.m.
90-321
PROCEINGS "'THE CITY COUNCIL OF SALT IRE CIO UTAH
TUESDAY, OCTOBER 9, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, October 9, 1990, at 6:00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Tom Godfrey
Roselyn Kirk Don Hale
The following Council Members were absent:
Wayne Horrocks Nancy Pace
Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall,
City Recorder, and S. R. Kivett, Chief Deputy Recorder were present.
Council Chair Hardman presided at and Councilmember Godfrey
conducted the meeting.
OPENING CEREMONIES #2. RE: Consider approving
the reappointment of Stan Roberts
#1. The invocation was given to the Salt Lake Arts Council.
by Mr. Bob Blackhurst, Police (I 90-16)
Chaplain.
#3. RE: Consider approving
#2. The Council led the the reappointment of D'Arcy Dixon
Pledge of Allegiance. Pignanelli to the Salt Lake Arts
Council.
#3. Councilmember Kirk moved (I 90-16)
and Councilmember Hardman second-
ed to approve the minutes of the #4. RE: Consider approving
Salt Lake City Council for the the reappointment of Bernice Cook
regular meeting held Tuesday, to the Community Development
October 2, 1990, which motion Advisory Committee.
carried, all members present voted (I 90-2)
aye.
#5. RE: Consider approving
CONSENT AGENDA the reappointment of Nancy Saxton
to the Community Development
Item #4 was pulled from the Advisory Committee.
agenda. (I 90-2)
Councilmember Hale moved and #6. RE: Consider approving
Councilmember Kirk seconded to the reappointment of Sharon Alder-
approve the consent agenda, which man to the Salt Lake Arts Council.
motion carried, all members (I 90-16)
present voted aye.
#7. RE: Consider adopting
#1. RE: Consider approving Resolution 102 of 1990, authoriz-
the reappointment of Curley Jones ing the execution of an interlocal
to the Community Development cooperation agreement with the
Advisory Committee. Board of Education of Salt Lake
(I 90-2) City, Utah.
(C 90-574)
90-322
111
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITE, UTAH
TUESDAY, OCTOBER 9, 1990
NEW COUNCIL BUSINESS
#1. RE: Adopt a resolution
approving the amended and restated
Utah Municipal Finance Cooperative
Agreement; authorizing the execu-
tion and delivery of said amended
and restated agreement; appointing
a representative and alternate to01-4/1"v
represent the member in the gov- COUNCI CHAIR
erning body of the Utah Municipal
Finance Cooperative; and related �,
matters. r� �.4
DER
ACTION: Without objectionii1V0
Councilmember Kirk moved and
Councilmember Whitehead seconded
to suspend the rules and adopt
Resolution 101 of 1990, which
motion carried, all members
present voted aye.
( Q 90-7 )
DISCUSSION: There was no
discussion.
UNFINISHED COUNCIL BUSINESS
#1. RE: Consider adopting
an ordinance enacting Section
15.04.320 of the Salt Lake City
Code, relating to Steiner Aquatic
Center.
ACTION: Councilmember Hardman
moved and Councilmember Kirk
seconded to adopt Ordinance 84 of
1990, which motion carried, all
members present voted aye.
(0 90-42)
DISCUSSION: There was no
discussion.
The meeting adjourned at 6:06
p.m.
90-323
:` )Aar 1�� �° �_I_,Nf
OFFICE OF THE CITY COUNCIL
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 304
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7600
October 18 , 1990
Board of Directors
Neighborhoods , USA
4643 Amesborough Road
Dayton , Ohio 45420
Dear Board Members :
Our long-standing recognition of the important role
neighborhoods play in Salt Lake City motivates us to give our
support to the Salt Lake Association of Community Councils and
the Mayor ' s Office in their bid for the 1992 Neighborhoods , USA
conference . We feel Salt Lake City would be an excellent choice .
Our neighborhood community councils play a vital role in the
development of many of our City ' s decisions . We recognize that
strong and vital neighborhoods equal a strong and vital city .
The annual neighborhoods conference , cosponsored by the
neighborhoods and the Mayor ' s Office , is one of many indicators
of the caliber of neighborhood involvement .
y
SALT LAKE CITY CORPORATION
Rezihd j
A RESOLUTION OF THE CITY COUNCIL OF SALT LAKE CITY,-UTAH
WHEREAS, We recognize the importance of neighborhood ,#
organizations in maintaining and supporting the S_
excellent quality of life enjoyed by citizens of
Salt Lake City; and
WHEREAS, Neighborhoods, USA (NUSA) is a vital force in the
national effort to build and strengthen the role of 0
the neighborhood as a positive force in the
community and economic strength of our nation; and 4'
WHEREAS, Salt Lake City has been nationally recognized for
its excellent neighborhoods, community spirit, and
unsurpassed quality of life; and
WHEREAS, The Salt Lake City Neighborhoods, community based
organizations and businesses support the selection
of Salt Lake City as the site for the 1992 NUSA
Conference.
L
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND THE MAYOR
OF SALT LAKE CITY that we support the concept of hosting the NUSA
Annual Conference in 1992.
Dated this 25th day of October, 1990
Alan G. Hardman, Council Chair Palmer DePaulis, Mayor
\Ronald J. Whitehead L. Way, Horrocks
n, c. e Pa o ' �/c _
Nancyy K.
K.. P�ce Tom Godfrey O
rU �� tb/ \) .. �J vv (\
Rose yn N. Kirk Don u. Hale
va
tgt: , t,' ve, r
rn. x)
V
The City Council strongly supports the selection of Salt
Lake City as the location of the 1992 NUSA Conference . We look
forward to greeting you in person in 1992 .
Sincerely ,
cafemigyy V\anu.=,,
Alan G . Hardman Nancy'. Pace
Chair Vice Chair
(711/0,,, OL&Ld ktitelvjAj k6„4.1_1
Ronald J . Whitehead Roselyn N. Kirk
District One District Six
()4011--
'-c--(.9Wayne orrocks Don C . Hale
District wo District Seven
)4 /
/1"7Tom Godfrey
District Five
O minO Or'r dcJ
® qekk
SALT LAKE CITY COUNCIL(;\ Ojeinjay.
AGENDA )����,�
CITY COUNCIL CHAMBER Q ?�'j`"Pe&(
ROOM 315
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET
Tuesday, October 9, 1990 htj&i 'L
6:00 p.m. fAX--O nn Q. f0
A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 'ty and County
Building, 451 South State
1 . Report of the Executive Director.
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 . Board Reappointment
Consider approving the reappointment of Curley Jones to the
Community Development Advisory Committee.
(I 90-2)
Staff recommendation: Approve .
2. Board Reappointment
Consider approving the reappointment of Stan Roberts to the Salt
Lake Arts Council.
(I 90-16)
Staff recommendation: Approve.
3. Board Reappointment
Consider approving the reappointment of D'Arcy Dixon Pignanelli to
the Salt Lake Arts Council.
(I 90-16)
Staff recommendation: Approve.
4. Board Reappointment
Consider approving the reappointment of Bernice Cook to the
Community Development Advisory Committee.
(I 90-2)
Staff recommendation: Approve.
5. Board Reappointment
Consider approving the reappointment of Nancy Saxton to the
Community Development Advisory Committee.
(I 90-2)
Staff Recommendation: Approve.
6. Board Appointment
Consider the approving the reappointment of Sharon Alderman to the
Salt Lake Arts Council.
(I 90-16)
Staff recommendation: Approve.
915)6
-
`�� Interlocal Agreement : Board of Education
Consider adopting a resolution authorizing the execution of an
� - Interlocal Cooperation Agreement between Salt Lake City
t� IIS 1 p( Corporation and Board of Education of Salt Lake City, Utah.
1(� t �1_ ' , (C 90 574)
��. l6Afil
1� V� Staff recommendation: Adopt .
1 �
E. NEW BUSINESS:
1 . Municipal Finance Cooperative Agreement
�� 1 5 Consider adopting a resolution approving the amended and restated
Utah Municipal Finance Cooperative Agreement ; authorizing the
execution and delivery of said amended and restated agreement;
y\e appointing a representative and alternate to represent the member
` , �, in the governing body of the Utah Municipal Finance Cooperative;
Weil° , ,n) and related matters.
art % Staff recommendation: Suspend and Adopt.
F. UNFINISHED BUSINESS:
1 . Ordinance: Steiner Aquatic Center
C Consider adopting an ordinance enacting Section 15.04.320 of the
Salt Lake City Code, relating to Steiner Aquatic Center .
12
r�' `
r(� ., (0 90-42)
`
n os '�' Staff recommendation: Adopt.
ked,.., ,
Nj G. PUBLIC HEARINGS:
\�
H. ADJOURNMENT
** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED
CONCERNING ANY ITEM ON THIS AGENDA.
DATED: October 5, 1990
RL‘,// '
/CITV 1 EC6RDER
(/STATE OF UTAH )
COUNTY OF SALT LAKE ) ss.
On the 5th day of October, 1990 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.
_/ /) /--
/ CITY RECORDER C R
Subscrib d and sworn to before me this 5th day of October, 1990.
Nota iding in the
State of Uta
Commission Expires :
� J
eARPB fil►WJGHT I
g :'- 451 So.Sten SL Rm 415
,.# Salt Lake City,Utah 84102
JA/Camaoi•, J s ;
APPROVAL; August 1,
of Utah
EX TIVE DIRECTOR
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY,OCTOBER 2, 1990
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole on Tuesday, October 2, 1990, at 5:00 p.m. in Room 325, City
Council Office, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Roselyn Kirk
Wayne Horrocks Tom Godfrey Don Hale
Nancy Pace
Council Chair Hardman presided at and conducted the meeting.
Councilmember Hardman called changes. He said the new process
the meeting to order at 5:05 p.m. would be in accordance with the
SLACC and their early notifica-
tion requirements. He said the
ordinance applied to residential
BOARD INTERVIEW areas where no demolition or
landscaping plans had been filed.
The Council interviewed
Betsy Sutherland prior to consid- EXECUTIVE DIRECTOR'S REPORT
eration of her appointment to the
Salt Lake Arts Council. She said Ms. Gust-Jenson reviewed the
her interest was due to her pro- agenda for the Council meeting
fession as an art teacher for the and noted a few minor changes
Jordan School District and she listed on the addendum. She said
had a personal interest in art. she would be preparing a proposal
She said the time she devoted to for the Council to consider as a
the Council would not be a prob- part of the budget opening. She
lem. Councilmember Hale offered distributed an updated events
some general information about calendar. She told the Council
Ms. Sutherland and said he sup- that the Community Development
ported her appointment. Coordinator' s position had closed
and interviews were to be sched-
DEMOLITION ORDINANCE BRIEFING uled for October 18 and 19 of
1990.
Roger Evans, Director of
Building and Housing, provided a The meeting adjourned at 5:30
briefing to the Council concern- p.m
ing the proposed demolition ordi-
nance. He reviewed the changes
in the ordinance from the at-
tached list. He said those who
would appear at the hearing to-
night would be demolition con-
tractors and they might object to
the process being lengthened. He
said he did not anticipate any
comments concerned with the fee
90-313
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 2, 1990
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, October 2, 1990, at 6:00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State Street.
The following Council Members were present:
Ronald Whitehead Alan Hardman Roselyn Kirk
Wayne Horrocks Tom Godfrey Don Hale
Nancy Pace
Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn
Marshall, City Recorder, and Misty Jo Zemp, Deputy Recorder, were
present.
Council Chair Hardman presided at and Councilmember Godfrey
conducted the meeting.
OPENING CEREMONIES #1. RE: Set a date to hold a
public hearing on Thursday, Octo-
#1. Michael Denos, Police Chap- ber 18, 1990, at 5:00 p.m. to
lain, gave the invocation. receive public comment and con-
sider adopting an ordinance
#2. The Council led the amending Salt Lake City Ordinance
Pledge of Allegiance. No. 69 of 1990 which approved
ratified, and finalized the bud-
#3. Councilmember Whitehead get of Salt Lake City, Utah for
moved and Councilmember Hardman the fiscal year beginning July 1,
seconded to approve the minutes 1990 and ending June 30, 1991.
of the Salt Lake City Council for (B 90-3)
the regular meeting held Tuesday,
September 18, 1990, which motion #2. RE: Adopting Resolution
carried, all members voted aye. #100 of 1990 authorizing the
(M 90-1) execution of an interlocal coop-
eration agreement between Salt
PUBLIC COMMENTS Lake City Corporation and the
Utah State Retirement Board to
#1. RE: Norma Amodt, 950 make available a group insurance
Jefferson Street, said she wanted program to City employees.
to thank the Mayor and the City (C 90-561 )
Council for solving the truck
problem. She said the barriers NEW COUNCIL BUSINESS
had been set up and there was no
longer a problem. #1. RE: Consider adopting
an ordinance amending Chapters
CONSENT AGENDA 16, 44, and 72 of Title 17 of the
Salt Lake City Code relating to
Councilmember Hale moved and the culinary water system, waste-
Councilmember Kirk seconded to water control, and sewer system.
approve the consent agenda, which (0 90-41 )
motion carried, all members voted
aye. ACTION: Councilmember Kirk
moved and Councilmember Hardman
seconded to adopt Ordinance 83 of
90-314
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, OCTOBER 2, 1990
1990, which motion carried, all #7. RE: Consider the ap-
members voted aye. pointment of Mark L. Lawrence to
(0 90-41 ) the Salt Lake Arts Council.
#2. RE: Consider the reap- ACTION: Without objection
pointment of Sharon Alderman to Councilmember Godfrey referred
the Salt Lake Arts Council. this item to the Committee of the
Whole.
ACTION: Without objection (I 90-16)
Councilmember Godfrey referred
this item to the Committee of the #8. RE: Consider the ap-
Whole. pointment of Perrin R. Love to the
(I 90-16) Cow Salt Lake Arts Council.
#3. RE: Consider the ap- ACTION: Without objection
pointment of Curley Jones to the Councilmember Godfrey referred
Community Development Advisory this item to the Committee of the
Committee. Whole.
(I 90-16)
ACTION: Without objection
Councilmember Godfrey referred #9. RE: Consider the ap-
this item to the Committee of the pointment of Lynn M. Hilton to the
Whole. C on Urban Forestry Board.
(I 90-2) —
ACTION: Without objection
#4. RE: Consider the ap- Councilmember Godfrey referred
pointment of Jerry Stranger to the this item to the Committee of the
Salt Lake Arts Council. Whole.
(I 90-15)
ACTION: Without objection
Councilmember Godfrey referred #10. RE: Consider the reap-
this item to the Committee of the pointment of Stan Roberts to the
Whole. Salt Lake Arts Council.
(I 90-16)
ACTION: Without objection
#5. RE: Consider the ap- Councilmember Godfrey referred
pointment of Rick Ith to the Salt this item to the Consent Agenda.
Lake Arts Council. (I 90-16)
ACTION: Without objection #11. Consider approving the
Councilmember Godfrey referred reappointment of D'Arcy Dixon
this item to the Committee of the Pignanelli to the Salt Lake Arts
Whole. Council.
(I 90-16)
ACTION: Without objection
#6 RE: Consider the appoint- Councilmember Godfrey referred
ment of Ann S. Berman to the Salt this item to the Consent Agenda.
Lake Arts Council. (I 90-16)
ACTION: Without objection #12. Consider the reappoint-
Councilmember Godfrey referred ment of Bernice Cook to the Commu-
this item to the Committee of the nity Development Advisory Commit-
Whole. tee.
(I 90-16)
90-315
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, OCTOBER 2, 1990
ACTION: Without objection Attorneys Office. He said to
Councilmember Godfrey referred include comments heard tonight and
this item to the Consent Agenda. provide the Community Councils
(I 90-2) with an administrative draft
within ten days, which motion
#13 RE: Consider the reap- carried, all members voted aye.
pointment of Nancy Saxton to the
Community Development Advisory DISCUSSION: Roger Evans,
Committee. Director of Building and Housing,
said in the last couple of years
ACTION: Without objection the issue of demolition and the
Councilmember Godfrey referred demolition ordinance had come up
this item to the Consent Agenda. between the different Community
(I 90-2) Councils based upon the concerns
expressed by the different groups
#14. RE: Consider the ap- in the City. He said the Building
pointment of Betsy Sutherland to and Housing staff had prepared a
the Salt Lake Arts Council. revised ordinance on demolition
of buildings. He said this ordi-
ACTION: Councilmember Hale nance had been before the Housing
moved and Councilmember Whitehead and Advisory Appeals Board. Mr.
seconded to suspend the rules and Evans said the changes which took
approve the appointment of Betsy place in the ordinance dealt with
Sutherland to the Salt Lake Arts one notification requirement to
Council, which motion carried, all adjoining property owners within a
members voted aye. 600 foot radius, and had taken
(I 90-16) away the discretionary powers of
building officials. He said all
PUBLIC HEARINGS waivers of landscaping would go
before the Housing and Advisory
#1. RE: A hearing at 6:20 Appeals Board.
p.m. to receive public comment and
consider adopting an ordinance Mr. Evans said all comments on
amending Chapter 64 of Title 18 administrative charges, filing
dealing with demolishing build- charges for notification, and a
ings. mandatory waiting period could be
received by the different communi-
ACTION: Councilmember Kirk ties. He said this would allow
moved and Councilmember Whitehead everyone to be notified and ex-
seconded to close the public press their comments about the
hearing, no vote was taken. process. He said a lot of housing
stock would be boarded up and
Councilmember Hardman moved preserved until the City addressed
and Councilmember Horrocks second- the issue of boarded up structures
ed to continue the public hearing throughout the City in their
to Tuesday November 20, 1990, and housing policy plans. He said the
that interested parties be given intent was to maintain the housing
the opportunity to review the and preserve the buildings. He
final draft, which motion carried, said the City had tried to reha-
all members voted aye. bilitate the structures and were
slowing down the whole process of
Councilmember Hardman moved demolition and landscaping which
and Councilmember Horrocks second- had been occurring in the City.
ed to refer the ordinance to the Mr. Evans said it was a good
90-316
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, OCTOBER 2, 1990
change in the ordinance and ad- Mr. Evans said property owners
dressed the concerns some of the were allowed to take out a permit
Community Councils had expressed and perform their own work. He
in the notification process. He said this was governed by State
said the other item would be to Statue.
slightly change the fee structure
on the present charges that were Eldon Marshall, Vice Chair of
being charged for demolitions. the Salt Lake Westside Community
Council, said he was concerned in
Mr. Evans said under the his area there was nothing to
present demolition ordinance if a identify that the community was
property was to be demolished in deteriorating. He said on 700
Salt Lake City it required two South between 1500 West and 800
things; 1 ) a permit must be sub- West there were nine abandoned
mitted for the reuse of the prop- houses and five of those were
erty, and 2 ) the applicant must boarded up. He said it was
present a landscaping plan with a difficult to evaluate the impact
sprinkling system. He said the it had on a community. He was
present ordinance gave the build- concerned it would encourage the
ing officials some discretion in same type of situation the City
commercial areas and right now the had. He said there were some
City was taking input from the areas in the City that would
different community chairpersons. benefit from demolishing old and
He said those comments were rout- abandoned homes, but his area was
ed through the Building and Hous- not one of them and he feared the
ing office and the Mayors office. ordinance applied to the whole
City when it did not fit.
He said the Mayor had been
reviewing the comments on a case Mr. Evans said if the Housing
by case basis. Mr. Evans said if Committee received a request in a
favorable input was received from particular area this would not
the Community Council Chairper- prohibit demolition. They would
son, the City had the applicant notify the people in the given
sign a demolition consent and area and they would be able to
waiver form and then the demoli- come before the Housing Advisory
tion permit was issued. He said Board to express their concerns.
the criticism the City had been He said if the Board felt the
faced with during the process was concerns were valid they could
the Chairperson did not represent waive the landscaping.
the feelings of the Community
Council and in order to rectify Ron Love, East Central Commu-
this problem the City had a noti- nity Council, 1073 East 600 South,
fication requirement. was concerned with the process in
which $60 could demolish his
Councilmember Hardman asked house. He was also concerned the
under Section 64. 100 of the ordi- Planning Commission had not looked
nance that referred to the "quali- at the impact the plan might have
fication to do work" , if this on the city planning process. He
would require the hiring of a said he had received a notice
contractor or subcontractor to within the last thirty days of
tear down a minor accessory build- this hearing and the East Central
ing. City Community Council had not
met. Mr. Love said the people of
this area had not had an opportu-
90-317
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, OCTOBER 2, 1990
nity to give any input and this members would determine whether to
had not been an issue before the waive the post-demolition use
Salt Lake Community Council Board. landscaping requirements and
He said he felt this kind of schedule a hearing date no sooner
process was necessary before the than fifteen days from the date
City made it an ordinance. of the petition and no later than
thirty days from the date of the
Councilmember Godfrey said the petition. " She said the ordinance
process was to go through the should be cleared up so the people
Community Council before a house understood it was the panel making
could be demolished. Mr. Love the final decision and that it
said he felt it would encourage would not be overturned by the
people to tear down homes and he board.
said the fee for tearing down
homes was too low. Carol Mall, Co-chair of the
Central City Neighborhood Council,
Willis Dorman, 634 East 700 said the issue of demolition had
South, said some of the language not been brought to their meeting
in the ordinance was unclear. She and she wanted to have more dis-
referred to page three, item C of cussion before the ordinance was
the ordinance and said there was adopted.
some confusion about the $100 fee
that a person was required to pay Stan Penfold, 1015 East 2nd
for inspection of the property. Ave, said the ordinance was not
She said on page four, the ordi- intended to discourage demolition
nance required a $170 fee for a of a property. He said he had a
landscaping waiver. Ms. Dorman few concerns which were clarifica-
said there should be a section tion problems. He said the fees
which stated if a landscaping required for a landscape waiver
waiver had been approved, one on page three, item C, listed a
would be able to get a demolition $100 fee which would be refundable
permit. She said on page four, if a waiver was not granted, and
item C, it stated "in the event of on page four there was a $170
a force majeure" , and she said it processing fee, and on page five,
should be changed to catastrophic item B, there was a $50 applica-
event because more people would be tion fee. He said there should be
able to understand it. a single fee in order to get an
application going to make it more
She said the next item in clear. He said under the notifi-
18. 64.050 was "written notice to cation requirement on the bottom
owners and residents of proper- of page four under "residents
ties. " She said written notice dwelling unit" , there was a re-
needed to be sent to the property quirement to notify property
owners and to those occupants who owners within a 600 foot radius.
do not own the property but are
residing there. She said there Mr. Penfold said he would like
should be some other way to to see a "notification of the
notify residents besides a tax recognized Community Councils
roll because tax rolls were not Organization where the effected
always accurate. property was located" be included
in the ordinance on page four and
Ms. Dorman said on page six it on page five, item C, where it had
stated that a "panel of three a notification process. He said
examiners from the roster of it was important the recognized
90-318
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY UTAH
TUESDAY, OCTOBER 2, 1990
Community Councils were informed Councilmember Godfrey asked if
because many were interested in the Council would be interested in
demolitions in their neighbor- directing Roger Evans on certain
hoods. issues and to make a list of
things to be included in the
Councilmember Pace said there ordinance.
was already a provision for noti-
fying neighborhood based organiza- Councilmember Pace said there
tions pursuant to Section were a number of items which
2. 60.020. needed to be cleared up in the
ordinance.
Mr. Penfold said his copy of
the ordinance did not have this Roger Cutler, City Attorney,
item included. asked if all the items were to be
included and if he could meet with
Roger Evans said there were the Council and discuss some of
three or four different versions the items.
of the ordinance because the
Housing Committee had been working Cindy Gust-Jenson, Executive
on this ordinance for a year. He Director of the Council, said the
said the fee issue had been time frame to reschedule the
brought up very intensively. He public hearing was adequate and
said the Housing Committee had to she would have a list of the items
lower the fee to justify the fee made up. She said she would give
schedule. Mr. Evans said there the Council a memo after Mr.
had been some revisions made and Cutler had reviewed the ordinance.
the Housing Committee would make She said she would then send the
new copies of the updated ordi- information out to the Community
nance. Councils.
Mr. Penfold said the hearing Councilmember Hardman said
should be continued at another SLACC should send out the infor-
time so people could read over the mation to the various councils to
ordinance and clear up some of schedule it in their agendas.
their concerns.
Councilmember Godfrey said the
Councilmember Pace asked if items should be referred to the
the Community Councils would be Council staff, the Attorneys
notified and if SLACC would have Office, and Building and Housing
an opportunity to deal with the so they could make something
issue. available to the community coun-
cils. He said this would allow
Councilmember Hardman said it the Council to hear public com-
was necessary to receive public ments.
review on the ordinance. He said
additional input or minor modifi- Mr. Cutler said some of the
cations may need to be given to comments made tonight were benefi-
redefine what the City was doing. cial and could be incorporated
He said the community councils and into the ordinance without much
interested parties would be given controversy. He said he needed
a single version of the ordinance ten days to work with the Council
to review. staff, receive the minutes, and to
get a new draft of the ordinance
out to the Community Councils and
90-319
interested parties. He said this
would clear up some of the con-
cerns they might have and they
would be able to understand the
ordinance.
(0 90-39 )
The meeting adjourned at 6: 55
p.m.
COUNCIL CHAIR
CITY RECORDER
90-320
t),7
m2 01 uTCOMOR 'dO •
Pp Act I P1\RTM NT ..
TELEPHONE(801)799-3000 315 EAST 200 SOUTH MIKE CHABRIES
FAX(801)799-3557 SALT LAKE CITY, UTAH 84111 CHIEF OF POLICE
September 18 , 1990
Honorable Palmer A. DePaulis
Mayor of Salt Lake City
City & County Building
Salt Lake City, UT 84111
Dear Mayor DePaulis:
The enclosed contract has been previously processed by
the city, but was not signed by the Board of Education of Salt
Lake City due to the binding of the agreement in future years .
This agreement has been revised and we request that it
be processed. The current agreement provides for the placement
of two (2) officers (from existing authorized positions) to be
placed in the Northwest and Glendale Intermediate schools. The
School Board will reimburse the city in the amount of $48 , 000 for
those services provided during the school year .
Your assistance in this matter would be appreciated.
Sincerely,
.61(4i
-41144-ern
G. ED J HNSON, LT. COLONEL
Assistant Chief of Police
/cah
Enclosure
RESOLUTION NO. OF 1990
AUTHORIZING THE EXECUTION OF AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN
SALT LAKE CITY CORPORATION AND
BOARD OF EDUCATION OF SALT LAKE CITY, UTAH
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 . That it does hereby approve the attached agreement
generally described as follows :
An interlocal cooperation agreement providing for the
services of two full-time police officers for
Northwest and Glendale Intermediate Schools in Salt
Lake City.
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 this day
of , 1990 .
SALT LAKE CITY COUNCIL
CHAIRPERSON
ATTEST:
iAS sOrCR1,.;
Salt Lake City Attorney',Office
Date /9- /' 90
CITY RECORDER �l= � /?
FMN:cc
AGREEMENT
THIS AGREEMENT made , 1990 , by
and between SALT LAKE CITY CORPORATION, a municipal corporation
of the State of Utah , hereinafter referred to as "CITY" and the
BOARD OF EDUCATION OF SALT LAKE CITY, UTAH hereinafter referred
to as "BOARD" .
WITNESSETH:
WHEREAS , Board and City have each determined that it
would be mutually advantageous for Board to avail itself of the
services of a full-time police officer for the Northwest and
Glendale Intermediate Schools in Salt Lake City; and
WHEREAS , City will make two (2) fully trained officers
available for said purpose and Board will reimburse City $12,000
for each officer for a period of two (2) years, for the school
years 1989/90 and 1990/91 , for a total of $48 ,000 .
NOW, THEREFORE, in consideration of the premises and
the convents and promises hereinafter contained , it is agreed by
and between the parties hereto as follows :
1. That City shall furnish to Board two (2) fully
trained police officers from City police officers from City
Police Department; one (1) officer to be assigned to Northwest
Intermediate School and one (1) to be assigned to Glendale
Intermediate School .
2 . That. said officers shall. be: so assigned for duty at
said schools until and including the completion of school years
1989/90 and 1990/91 until this Agreement is terminated by either
party upon presentation of 30 days written notice to the other.
Upon such termination , the Board shall pay the City for services
of its officers through the effective date of cancellation.
3 . That Board shall be permitted to screen the
officers selected to be used for these purposes, but final
selection shall be left to City and its Police Department.
4 . That the hours and days of employment of said
officers are to be agreed upon mutually between the Chief of
Police of Salt Lake City and the School Board, including overtime
hours .
- 2 -
5 . It is specifically understood that the ultimate
jurisdiction and authority of said officers shall be and remain
in City and its Police Department. However, Board and City may,
from time to time, agree upon general nature of the duties and
functions of the officer.
6 . That Board shall reimburse City for the aforesaid
service of said officers at the rate of $12 , 000 for each officer
during the school years 1989/90 and 1990/91. City shall bill
Board during the first week following the end of each quarter,
and Board shall pay said bill within 30 days of billing.
IN WITNESS WHEREOF, the parties to this agreement have
hereunto set their hands and seals the day and year first above
written.
SALT LAKE CITY CORPORATION
MAYOR
ATTEST:
CITY RECORDER ' •
BOARD OF EDUCATION OF SALT LAKE
CITY, UTAH
BY
PRESIDENT (TITLE)
ATTEST:
CLERK-TREASURER
- 3 -
STATE OF UTAH
: ss .
County of Salt Lake)
On , 1990 , personally appeared
before me PALMER A. DePAULIS and KATHRYN MARSHALL, the signers of
the foregoing instrument, 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 Sate of
Utah, and said persons acknowledged to me that said corporation
executed the same .
NOTARY PUBLIC, residing in
Salt Lake County, Utah
My Commission Expires :
STATE OF UTAH
:ss .
County of Salt Lake)
On , 1990 , personally appeared
before me and
who being by me duly sworn, did say that they are the President
and Clerk-Treasurer , respectively, of the BOARD OF EDUCATION OF
SALT LAKE CITY , UTAH; and that said agreement was executed by
them on behalf of said Board by authority of a Resolution (or
bylaws) of its Board of Directors; and said persons acknowledged
to me that said corporation executed the same.
NOTARY PUBLIC, residing in
Salt Lake County, Utah
My Commission Expires:
RESOLUTION NO. OF 1989
AUTHORIZING THE EXECUTION OF AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN
SALT LAKE CITY CORPORATION AND
BOARD OF EDUCATION OF SALT LAKE CITY, UTAH
WHEREAS, Title 11 Chapter 13 of the Utah Code Annotated 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 . That it does hereby approve the attached agreement
generally described as follows :
An interlocal cooperation agreement providing for the
services of a full time police officer for Northwest
and Glendale Intermediate Schools in Salt Lake City.
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 this day
of , 1989 .
SALT LAKE CITY COUNCIL
CHAIRPERSON
ATTEST:
TO FORM
_ake City Attomey's Office
29- rf
CITY RECORDER '
FMN:cc
l
LINDA HAMILTON S e PALMER DEPAULIS
DIRECTOR OF FINANC vS a� �`.✓�`. MAVOR
DEPARTMENT OF FINANCE
451 SOUTH STATE STREET, ROOM 228
SALT LAKE CITY, UTAH 84111
TELEPHONE (801) 535-6426
E JE1VEC
MEMORANDUM OCT0 % 1990
TO: City Council cc: Emilie Charles
FROM: Linda Hamiltoor
DATE: October 2, 1990
SUBJECT: Requested Council Action on Resolution to Join
Utah Municipal Finance Cooperative
In conformance with Executive Omer 2.01.200, the Finance Department is
requesting City Council action on the attache] resolution, and transmit the
following information relevant to this request.
Subject: The attached resolution will result in Salt Lake City formally
becoming a nanber of the Utah League of Cities and Towns sponsored Utah
Municipal Finance Cooperative (MFA) . By joining the MFA, the City will
thereby enable the Redevelopment Agency of Salt Lake City (RDA) to enjoy the
benefits of participating in the MFA pooled financing program for its upcoming
tax increment bond issue. The RDA is currently planning a $26,000,000 tax
increment bond issue in connection with the Utah Jazz/Larry Miller sports
arena on Block 79. The MFA is offering the RDA a subsidy of $15 per bond (pPr
$1,000 of par) , or approximately $390,000 for the upcoming bond issue. It has
been determined by the RDA staff and Smith Capital Markets (who serves as
Financial Advisor to the RDA) that the MFA subsidized financing will provide
the most cost effective means of accomplishing the financing.
Recommendation: The Finance Department recommend Council approval of the
attached resolution.
Raiding: There will be no fiscal impact on the City. However, the RDA will
receive a cash subsidy of $390,000.
City Council - 2 - October 2, 1990
Background and Discussion: The MFA was initially formed in 1986 (via the Utah
Interlcoal Cooperation Act), consisting of several Utah communities.
Sponsored by the Utah League of Cities and Towns, the MFA issued $262 million
in pooled bonds for local government capital improvements on August 1, 1989.
By becoming a "Participating Member," the City will enable the RDA to
participate in the pool and enjoy the benefits of the MFA subsidy. The
financing will be accomplished by a team of underwriters selected by the RDA
who will remarket project bonds for the RDA within the MFA pooled financing
program. Payment obligations are secured by the available RDA tax increment
revenues through a "Financing Agreement" between the RDA (Participating
Member) and the MFA (the "Issuer") . The attached resolution pertains only to
becoming a member of the MFA. Other financing related documents and
resolutions will be presented to the Council acting as the RDA Board of
Directors.
Legislative Documeat(s): The Resolution is attached. Also attached is the
"Amended and Restated Utah Municipal Finance Cooperative Agreement. " The
Resolution approves the Amended and Restated Agreement, authorizes the Mayor
to execute the agreement, and appoints a Representative and Alternate to
represent the City as a member in the governing body of the MFA. The
Representative and Alternate must be elected City officials.
Contact Person: Buzz Hunt, Treasurer's Office, 535-6305
Submitted by: Linda Hamilton, Director of Finance, 535-6391
LH/BH/kh
attachments
ROGER F. CUTLER `..AR�S � �,�,..-"l�ig v�.��gg ASSISTANT ATTORNEYS
CITY ATTORNEY RAY L. MONTGOMERY
STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS
LARRY V. SPENDLOVE
DEPUTY Y ATTORNEY CITY AND COUNTY BUILDING BRUCE R. BAIRD
CIT
CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA
CITY PROSECUTOR
SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS
GLEN A. COOK
TELEPHONE (801) 535-7788 JANICE L. FROST
FAX (801) 535-7640 MARSHA ATKIN
October 5, 1990
Richard S . Fox
American Plaza II, Suite 400
57 West 200 South
Salt Lake City, Utah 84101
Re: Salt Lake City' s participation in the
Utah Municipal Finance Cooperative
Dear Dick:
Thank you for your letter of October 4 , 1990, with its
accompanying memoranda written to you from Blaine Carlton.
The memoranda memorialized my oral conversation with Blaine
and is helpful for the City' s review of the document
submitted to the City.
As indicated in our telephone conversation of October
5th, the City has two major concerns . First, it is
extremely sensitive to the political implications of
utilizing the powers of eminent domain. We have concerns
about the legality of delegating that power; however, the
document clearly provides that the delegation is only to the
extent that is permitted by law; therefore, that legal issue
seems resolved. However, the policy issue remains . It is
our understanding and expectation that no attempt to use the
City' s powers of eminent domain purportedly delegated under
the documents , would be exercised without first obtaining
the City' s written approval .
Secondly, I must respectfully take issue with the
opinion regarding the purported power of the MFA Board to
amend the Agreement by a 51% vote. Without the benefit of
Richard S . Fox
October 5 , 1990
Page -2-
time for more research, it is this office' s preliminary
opinion that the language of the Agreement lacks any
standards, and its provisions would constitute "an agreement
to agree" in the future, and contravene State enabling law.
State law requires the governing body' s approval to enter
into such an interlocal agreement; a delegation of the power
of unfettered amendment to the MFA Board would seem to
violate the check and balance power given by the statute to
that policy making body of the City. Therefore, we are
executing this Agreement with the understanding that any
substantive amendment by the MFA Board must be approved and
ratified by the City Council before it would have affect.
As per our discussion, I am approving "as to form" the
documents, so that the Mayor and Council may approve them,
but subject to the qualifications herer expressed.
Sincerely;
;'ROG R F`. CUTLER
`City Attorney
RFC:cc
cc: Mayor DePaulis
City Council
Linda Hamilton
LAW OFFICES
BALLARD, SPAHR, ANDREWS a INGERSOLL 20r.4 FLOOR
30 SOUTH 17,1 STREET
AMERICAN PLAZA II, SUITE 400 PHILADELPHIA, PA 19103
57 WEST 200 SOUTH ONE WESTLAKES
SALT LAKE CITY, UTAH 84101 23s WESTLAKES DRIVE
BERWYN, PA 19312
801 359-1800 SUITE 2300
TELECOPIER:801 521-5364 1225 17r.. STREET
DENVER,CO 80202
CABLE BALLARD
SUITE 900 EAST
555 13rw STREET, N.W.
WAS H I NGTON. D. C. 20004
RICHARD S. FOX
October 4 , 1990
Roger F. Cutler
Salt Lake City Attorney
5th Floor
451 South State Street
Salt Lake City, UT 84111
Dear Roger:
With this letter we deliver a copy of a memorandum which
reduces to writing your inquiries of Blaine Carlton and a summary
of his responses in connection with the possible participation by
Salt Lake City in the Municipal Finance Cooperative. Please
don' t hesitate to ask any follow up questions, if any of the
responses need clarification.
Very truly yours ,
D1464'
RICHARD S. FOX
RSF/ka
cc: Linda Hamilton, Salt Lake City Director of Finance
William Oswald, Esq.
D1453 (PT''
MEMORANDUM
TO: Dick Fox
FROM: Blaine Carlton
DATE: October 4, 1990
RE: Salt Lake City Participation in Utah Municipal
Finance Cooperative
1 . Why does the City have to become a member of the MFA
in order to enable the RDA to finance the arena through the
MFA? Why doesn't the RDA have to become a member?
The Utah Municipal Finance Cooperative ( "MFA" ) is
created and organized under the Utah Interlocal Co-operation
Act (the "Act" ) by and among cities, towns, and special
districts of various kinds in the State of Utah. Each of the
approximately 120 members of MFA has approved the adoption of
an Amended and Restated Agreement ( "Agreement" ) which
generally outlines the purpose and organization of MFA. To
assure that it can issue tax-exempt debt for federal tax
purposes, MFA was structured so as to qualify as an "on behalf
of issuer" for its members. In addition, MFA has been given
the power of eminent domain by its members so that it arguably
has sufficient sovereign power to issue tax-exempt debt in its
own right. Under the Act, a cooperative can be given the
power of eminent domain by its member so long as they have
such power. Since redevelopment agencies under Utah law have
lost or will shortly lose their power of eminent domain, the
determination was made that a redevelopment agency should not
be a member of MFA. Therefore, in order for MFA to lend money
to a redevelopment agency, the municipality that created such
redevelopment agency must become a member of MFA. The
redevelopment agency can then borrow money from MFA "on behalf
of" the underlying city member. This arrangement does not
change the relationship between the redevelopment agency and
the city. The loan to the redevelopment agency from MFA
continues to be a loan solely of the redevelopment agency and
not the city, and the city does not in any way incur any
direct, indirect, or contingent obligation with respect to
such loan.
2 . Why does the resolution provide that the executive
committee of the MFA have the option of voting both by
alternate representation and proxy? The question could arise
as to whom is really voting for the executive committee.
Since MFA has approximately 120 members, it is
difficult to call meetings of the governing body which
consists of the duly appointed representative or alternative
of all members. To facilitate the holding of special meetings
of the governing body, it was determined to liberalize the
representation policy as much as possible by allowing for
proxy voting. This flexible voting option admittedly can
create questions in terms of who is appropriately authorized
to represent a participating member, but MFA has not had any
difficulty in this regard to date.
3 . Why does the resolution say that "The full faith and
credit power of any Member shall not be pledged directly for
payment of the Bonds"? Does this imply that the full faith
and credit power of any member can be indirectly pledged?
It is clear under the Agreement as well as the
Indenture of Trust (the "Indenture" ) authorizing the issuance
of the MFA bonds that MFA cannot pledge directly the full
faith and credit of any of its members. The Indenture does
provide, however, that when MFA enters into a financing
agreement with a participating member, its right to receive
payment under the financing agreement will be assigned to the
trustee to secure payment of the MFA bonds. If a
participating member were to borrow money from MFA and were
to secure its payment obligation through a pledge of its full
faith and credit, the participating member' s full faith and
credit may then be indirectly pledged by MFA as a result of
its assignment to the trustee of its interests in the
financing agreement. It is important to note, however, that
that result can only occur in a situation where the
participating member has pledged its full faith and credit as
security for its payment obligation under a financing
agreement. Therefore, the indirect pledge would only occur
•
with the consent of the participating member.
4. Why must a Member grant to MFA its power of eminent
domain? What are the legal consequences of such a delegation
of power?
The reason why MFA has been granted the power of
eminent domain is explained in the answer to Question No. 1 .
It is important to note that the grant of the power of eminent
domain is given for the purpose of accomplishing the purposes
for which MFA has been created; namely, to facilitate the
financing of facilities, services, or improvements for and on
behalf of its participating members. Furthermore, to our
knowledge MFA has no intention of exercising its power of
D1453 (PF) 2 IO/O4/9O
eminent domain and would only do so in the event that it were
necessary to accomplish the objectives of a participating
member. The only circumstances in which MFA could exercise
its power of eminent domain within the boundaries of Salt Lake
City, for example, would be with respect to a financing for
Salt Lake City.
5 . Why is the term of the agreement so long (50 years)?
The Act allows interlocal cooperatives to be created
for a term of up to 50 years. The reason why the 50-year term
was selected for MFA is to make certain that MFA would
continue to exist until all repayment obligations of MEA
members to MEA are paid. Since most, if not all, repayment
obligations will be paid within 25 years, the actual existence
of MFA will likely not exceed 25 years.
6. Why is a Member not permitted to withdraw from the
MFA while it still has debt outstanding financed through the
MEA? As long as the City meets its legal financial
obligations, why should the City be bound to an organization
over which it might not be able to exert control?
Since MEA was created to qualify as an "on behalf
of issuer" in which it issues debt on behalf of its
participating members (see response to Question No. 1) , a
determination was made that in order to avoid any question as
to the validity or enforceability of an obligation incurred
by a participating member with MEA, such member should remain
a participating member until its obligations to MFA are paid
in full. It is important to remember that MFA is, in essence,
a conduit issuer, in that it has been created for the purpose
of facilitating the financing of capital improvements for its
participating members. Once the original bond proceeds of MFA
have been loaned out or those bonds redeemed, all of which
must occur on or before August, 1992, MFA will not have any
practical power other than the right to receive payments under
the various financing agreements it has entered into with
participating members.
7 . Why does the resolution state the agreement may be
amended with the consent of at least fifty-one percent of the
membership? Does this mean that the governing board can
legally amend the City Council ' s resolution unilaterally?
The answer to Question No. 2 is applicable to
Question No. 7 . Since MFA has approximately 120 members, it
is very awkward to obtain unanimous consent for any amendments
which may be necessary to the Agreement. Since the purpose
of MEA is to facilitate capital improvement financings for its
participating members, it was determined that a liberal
D1453 (PP) 3 ]O/04/90
amendment procedure would be advantageous in the event the
Agreement needed to be modified to facilitate MFA' s objective
in helping its participating members. The city council ' s
resolution would not be amended but the Agreement approved by
MFA' s members could be modified by 51 percent of the members.
8. Is the provision that "the full faith and credit
power of any Member shall not be pledged directly for payment
of the bonds" jeopardized by the severability clause found in
section 4?
We do not believe that there is any provision in the
Agreement which, if found to be invalid or unenforceable,
would jeopardize the provision that the full faith and credit
of any member shall not be pledged directly for the payment
of the MFA bonds. Furthermore, the Indenture is very explicit
that MFA has no such power and that the MFA bonds are not
secured by the full faith and credit of MFA or any of its
participating members.
D1453 (PE) 4 10/04/90
LINDA
M N PALMERPAULIS
DIRECTOR OF FINANCE 42aJle vii MAYOR
DEPARTMENT OF FINANCE
451 SOUTH STATE STREET, ROOM 228
SALT LAKE CITY, UTAH 84111
TELEPHONE (801) 535-6426
October 3, 1990
Richard S. Fox, Attorney at Law
Ballard, Spahr, Andrews & Ingersoll
57 West 200 South, Suite 400
Salt Lake City, Utah 84101
Dear Dick:
Roger Cutler, City Attorney, expressed some concerns to me about the
resolution making Sa 1 t Lake City a member of the Municipal Finance
Cooperative. I am put in an uncomfortable position of being asked to make a
recommendation to the City Council on a resolution intended to facilitate an
RDA bond issue, rather than a City issue, when the RDA has its own bond
counsel and financial advisor. Roger's concerns do seem to me to be largely
legal in nature, and better answered by you than the City's Finance Director.
Roger did talk informally with an attorney in your office, but does not seem
wholly satisfied with the answer that the resolution is standard for all
Members. It semis as if to me that, if the City Attorney has concerns, we
need to have answers in writing so we are sure we know what the issues are.
Unfortunately, in order to ensure City Council action by October 9, I must
have written answers to the following questions by close of business on
Thursday, October 4. I realize the time frames are unreasonable, but I am not
willing to make a recommendation to the Council on these issues unless I have
a written response and the City Attorney assures me that the legal risks are
not significant.
1. Why does the City have to become a member of the MFA in order to enable
the RDA to finance the arena through the MFA? Why doesn't the RDA have to
become a member?
2. Why does the resolution provide that the executive committee of the MFA
have the option of voting both by alternate representation and proxy? The
question could arise as to wham is really voting for the executive committee.
Mr. Richard S. Fox
October 3, 1990
Page 2
3. Why does the resolution say that "The full faith and credit power of any
Member shall not be pledged directly for payment of the Bonds"? Does this
imply that the full faith and credit power of any Member can be indirectly
pledged?
4. Why must a Member grant to MFA its power of eminent domain? What are the
legal consequences of such a delegation of power?
5. Thy is the term of the agreement so long (50 years)?
6. Why is a Member not permitted to withdraw from the MFA while it still has
debt outstanding financed through the MFA? As long as the City meetings its
legal financial obligations, why should the City be bound to an organization
over which it might not be able to exert control?
7. Why does the resolution state the agreement may be amended with the
consent of at least fifty-one percent of the membership? Does this mean that
the governing board can legally amend the City Council's resolution
unilaterally?
8. Is the provision that "the full faith and credit power of any Member
shall not be pledged directly for payment of the bonds" jeopardized by the
severability clause found in Section 4?
Please feel free to contact Roger Cutler or myself if you have any questions.
Yours truly,
/ .
Linda Hamilton
Director of Finance
LH/hd
cc: Roger Cutler
Buzz Hunt
Emilie Charles
BD15206 (PE)
AMENDED AND RESTATED
UTAH MUNICIPAL FINANCE COOPERATIVE AGREEMENT
This Amended and Restated Utah Municipal Finance Cooperative
Agreement (herein referred to as the "Amended and Restated Agreement") is
dated as of the 1st day of April, 1989, by and among cities, towns,
municipal cooperatives and special districts of various kinds in the State
of Utah which desire to contract with other cities, towns, municipal
cooperatives and special districts within the State of Utah to form a
separate legal or administrative entity to more efficiently provide
governmental facilities, services and improvements for their citizens.
RECITALS
WHEREAS, on or prior to July 1, 1986, certain cities, towns and
districts of various kinds (the "Original Members") created the Utah
Municipal Finance Cooperative (the "MFA") , a separate legal entity and
political subdivision, pursuant to the provisions of the Interlocal
Co-operation Act, Chapter 13, Title 11, Utah Code Annotated 1953, as
amended, through the approval and execution of a Utah Municipal Finance
Cooperative Agreement dated as of June 1, 1986 (the "Original Agreement") ;
and
WHEREAS, the Original Members now desire to amend and restate the
Original Agreement to, among other things (i) allow additional members to
join MFA, (ii) clarify the governance provisions of MFA, and (iii) provide
for the withdrawal of members; and
WHEREAS, the cities, towns, municipal cooperatives and districts of
various kinds party to this Amended and Restated Agreement (the "Members")
are all political subdivisions of the State of Utah; and
WHEREAS, as required by the Act, this Amended and Restated Agreement
shall not become effective with respect to any Member unless this Amended
and Restated Agreement is approved first by the governing body of each
Original Member and second, by the governing body of each other Member
hereof by resolution, as evidenced by the execution hereof by the
appropriate officers of each such Member:
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein set forth, and in order to amend and restate the
Original Agreement for the purposes set forth herein the parties hereto
do mutually covenant, promise and agree as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATIONS
Section 1.01. Meanings and Constructions. The terms defined in
this section, for all purposes of this Amended and Restated Agreement and
any amendments hereto, shall have the meanings herein set forth:
(1) "Act" shall mean the Interlocal Co-Operation Act,
Chapter 13, Title 11, Utah Code Annotated 1953, as amended.
(2) "Amended and Restated Agreement" shall mean this Amended
and Restated Utah Municipal Finance Cooperative Agreement and any
amendments and supplements hereto.
(3) "Bonds" shall mean bonds, notes, certificates,
debentures, contracts or other evidences of indebtedness or
borrowing issued or incurred by MFA pursuant to the Act.
(4) "Effective Date" shall mean April 1, 1989.
(5) "Executive Committee" shall mean the administrative body
of MFA, composed of five persons, four of whom shall be elected by
the governing body of MFA, and the fifth of whom shall be appointed
by the Board of Directors of the Utah League of Cities and Towns.
(6) "Facilities, Services or Improvements" shall mean
facilities, services or improvements of any kind or character
provided with respect to any one or more of the following:
(a) flood control
(b) storm drainage
(c) government administration
(d) planning and zoning
(e) buildings and grounds
(f) education
(g) health care
(h) parks and recreation
(i) police and fire protection
(j) transportation
(k) streets and roads
(1) utilities
(m) culinary water
(n) sewage disposal
(o) social services
(p) solid waste disposal
(7) "Governing Body" shall mean the governing body of MFA
and shall consist of all of the Representatives of the Members.
(8) The term "lease" shall mean any lease or any sublease
or any operating or management or similar agreement.
(9) "Members" shall mean all Qualifying Public Agencies
which execute this Amended and Restated Agreement and approve the
same by resolution.
(10) "MFA" shall mean the Utah Municipal Finance Cooperative
created by the Original Agreement as amended by this Amended and
Restated Agreement pursuant to the Act. The Utah Municipal Finance
BD152O6 (FE) 2 O9/28/90
Cooperative shall be known as the Utah Municipal Finance Agency.
MFA is deemed a political subdivision of the State of Utah.
(11) "Municipal Cooperative" shall mean any interlocal
cooperative organized under the Act which is deemed to be a
political subdivision, the members of which are exclusively cities,
towns, Municipal Cooperatives and/or special districts of various
kinds in the State of Utah.
(12) "Qualifying Public Agencies" shall mean all cities,
towns, Municipal Cooperatives and districts of various kinds in the
State of Utah which are authorized to utilize the pool of funds
provided by proceeds of the Bonds. A Qualifying Public Agency shall
be required to be a Member of MFA in order to utilize such pool of
funds and receive any other benefits available to such an entity
pursuant to this Amended and Restated Agreement.
(13) "Representatives" shall mean those elected officials
appointed by the governing body of each Member (one Representative
or alternate per Member) .
Section 1.02. Interpretations. This Amended and Restated
Agreement, except where the context by clear implication herein otherwise
requires, shall be construed as follows:
(a) definitions include both singular and plural;
(b) pronouns include both singular and plural and cover both
genders; and
(c) the captions or headings of this Amended and Restated
Agreement are for convenience only and in no way define, limit or
describe the scope or intent of any provision, article or section
of this Amended and Restated Agreement.
Section 1.03. Successors. Whenever herein MFA or any Member is
named or is referred to, such provision shall be deemed to include the
successors of MFA or such Member, respectively, whether so expressed or
not.
ARTICLE II
FORMATION AND POWERS OF MFA
Section 2.01. Formation of MFA. The Act provides for the creation
of a separate legal entity through the execution and approval by
resolution of an agreement among cities, towns, Municipal Cooperatives
and districts of various kinds within the State of Utah. This Amended
and Restated Agreement amends and restates the Original Agreement which
created the "Utah Municipal Finance Cooperative" to be known as the Utah
Municipal Finance Agency or MFA. MFA is a separate legal entity and
political subdivision under the Act and shall have the power to issue
BD152O6 (Pr) 3 09/28/9O
Bonds to help its Members finance Facilities, Services or Improvements.
MFA shall be a not-for-profit entity. Any net earnings of MFA (other than
those required to retire indebtedness of MFA or to implement any program
undertaken by it) will not inure to the benefit of any private person.
Section 2.02. Powers of MFA. MFA shall have the power to:
(a) own, acquire, construct, operate, maintain and repair
or cause to be constructed, operated, maintained and repaired any
Facility or Improvement set forth in this Amended and Restated
Agreement;
(b) borrow money or incur indebtedness, issue revenue bonds
or notes for the purposes for which it was created, assign, pledge
or otherwise convey as security for the payment of any such bonded
indebtedness the revenues and receipts from the Facilities,
Improvements or Services, which assignment, pledge or other
conveyance may rank prior in right to any other obligation except
taxes or payments in lieu thereof payable to the State of Utah or
its political subdivisions; and
(c) sell or contract for the sale of the product of or the
service, or other benefits from such Facility or Improvement to
public agencies within or without the State of Utah on such terms
as it deems to be in the best interest of its Members.
In addition, MFA shall also have any and all other powers authorized
by the Act, including but not limited to the power to issue Bonds and use
the proceeds of such Bonds to pay costs of issuance thereof and to provide
a pool of funds which will be available to provide loans to its Members
and to acquire property to be owned and operated by MFA for the benefit
of its Members or sold or leased to its Members in order to help such
Members provide certain Facilities, Services or Improvements.
ARTICLE III
GOVERNANCE OF MFA
MFA shall be governed by the Governing Body provided that an
Executive Committee shall be established composed of five (5) persons,
four (4) of whom shall be elected by the Governing Body and one (1) , the
Chairman, who shall be appointed by the Board of Directors of the Utah
League of Cities and Towns. The Executive Committee shall administer the
affairs of MFA subject to direction by the Governing Body. The governing
body of each Member shall appoint one Representative (and an alternate to
represent the Member in the Representative's absence) who shall serve
until removed, with or without cause, and replaced by the governing body
of the Member. Each Representative shall have one vote in any actions
taken or proceedings adopted by the Governing Body and shall have one vote
in the election of the four elected members of the Executive Committee.
A vote of a Representative may be made by proxy as prescribed in the
by-laws of the Governing Body. The term of office of the initial four
BD152O6 (PF) 4 09/28/9O
elected Members of the Executive Committee shall expire upon the earlier
of (i) September 30, 1989 or (ii) the date on which their successors are
elected. Successor Members of the Executive Committee shall each serve
for a term of two years beginning on the date of the first annual
meeting of the Governing Body after the Effective Date hereof,
provided, however, that the initial term of two elected Members of the
Executive Committee shall expire on the first anniversary of the date of
the first meeting of tine Governing Body after the Effective Date hereof,
so that the term of office of two elected Members of the Executive
Committee shall expire each year. The four elected Members of the
Executive Committee shall be removable, with or without cause, by a
majority vote of the Governing Body. The Chairman shall be appointed by
the Board of Directors of the Utah League of Cities and Towns for a
two-year term unless the Governing Body shall otherwise direct and shall
be removable, with or without cause by said Board of Directors. The
Governing Body shall adopt by-laws that are not in conflict with this
Amended and Restated Agreement by a majority vote of its members. There
shall also be a nonvoting administrator of MFA who shall assist the
Executive Committee with all administrative matters, including but not
limited to, preparation of any required budget for MFA as set forth in the
by-laws. Such administrator shall be appointed pursuant to resolution of
the Executive Committee.
The Governing Body shall meet at such times as provided in its
by-laws, with a quorum present, whether corporal or by means of electronic
equipment, for the purpose of discussing or acting upon a matter or
matters over which it has jurisdiction. For this purpose, a quorum
consists of the number of Representatives who attend said meeting, whether
corporal or by means of electronic equipment; provided, however, that
after the issuance of any Bonds by MFA at least fifty-one percent (51%)
of the Representatives (or alternates) of Members who have utilized the
pool of funds pursuant to this Amended and Restated Agreement must be
present, whether corporal or by means of electronic equipment.
ARTICLE IV
LIMITATIONS ON MFA
Any Bonds of MFA shall be revenue obligations thereof, payable
solely from the proceeds thereof, and loan, purchase and lease payments
received from the Qualifying Public Agencies. The full faith and credit
powers of any Member shall not be pledged directly for payment of the
Bonds. No Member shall incur any pecuniary liability until it either
borrows money from the pool of available funds or purchases or leases
property acquired with the proceeds of the Bonds from MFA. Once a Member
borrows money or purchases or leases property from MFA, such Member shall
be obligated to MFA solely for its loan or purchase or lease payments as
provided by agreement between MFA and such Member.
BD152O6 (PF) 5 09/28/90
ARTICLE V
GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 5.01. Each Member covenants that this Amended and Restated
Agreement shall be filed with its keeper of records.
Section 5.02. Each Member represents and warrants that it is a
political subdivision of the State of Utah and is authorized to enter into
the transactions contemplated by this Amended and Restated Agreement and
to carry out its obligations hereunder.
Section 5.03. Each Member represents and warrants that there is no
litigation or legal or governmental action, proceeding, inquiry or
investigation pending or threatened by governmental authorities or others
or to which such Member is a party or to which any of its property is
subject which if determined adversely to the Member, would individually
or in the aggregate (i) affect the validity or the enforceability of this
Amended and Restated Agreement with respect to the Member, or (ii)
otherwise materially adversely affect the ability of the Member to comply
with its obligations under this Amended and Restated Agreement or the
transactions contemplated by this Amended and Restated Agreement.
ARTICLE VI
GRANT OF EMINENT DOMAIN POWER
For purposes of establishing MFA as a political subdivision, each
Member hereby grants to MFA its power of eminent domain to accomplish the
purposes for which MFA has been created relating to the Facilities,
Services or Improvements which may be financed with the proceeds of any
Bonds issued by MFA, but only to the extent lawfully permitted.
ARTICLE VII
GENERAL PROVISIONS CONCERNING
THIS AMENDED AND RESTATED AGREEMENT
Section 7.01. Effective Date, Term of Amended and Restated
Agreement and Termination.
(a) This Amended and Restated Agreement shall be in full
force and effect and be legally binding upon a Member only after
its execution and approval by resolution by such Member. Thereafter
this Amended and Restated Agreement shall continue as a binding
contract and shall not terminate until the later of the date
twenty-five (25) years after the Effective Date or such later date
upon which all Bonds of MFA and other contractual obligations have
been retired, but in no event later than the date fifty (50) years
after the effective date of the Original Agreement.
BD152O6 (PF) 6 09/28/90
(b) Upon termination of this Amended and Restated Agreement,
title to all assets of MFA upon its dissolution shall revert to the
Members in proportion to their use of moneys in the pool of funds
provided by the Bond proceeds. The Governing Body is hereby
authorized to take such actions as shall be necessary to effectuate
the termination of MFA and to dispose of the property of MFA.
(c) Each Member may at any time withdraw as a Member of MFA
by delivering to the Executive Committee of MFA a written notice of
withdrawal which has been approved by the governing body of such
Member; provided, however, that a Member may not withdraw from MFA
at any time during which it has an outstanding payment obligation
to MFA as a result of having borrowed, purchased or leased property
from MFA. The Executive Committee shall take such action as is
necessary to delete such Member from the membership of MFA,
effective as of the date of receipt of such notice of withdrawal.
Section 7.02. 'lonassignabilitv. No Member may assign any interest
herein without consent of all of the Members and receipt by MFA of an
opinion of nationally recognized bond counsel to the effect that such
assignment is authorized under the Act and will not adversely affect the
exclusion from gross income for federal income tax purposes of interest
on the Bonds. The terms of this Amended and Restated Agreement shall
inure to the benefit of and be binding upon the respective representatives
and successors of each Member hereto.
Section 7.03. Severability. If any section, subsection, paragraph,
clause, phrase or other provision of this Amended and Restated Agreement
shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, subsection, paragraph,
clause, phrase or other provision shall not affect any of the remaining
provisions of this Amended and Restated Agreement.
Section 7.04. Execution of Documents. This Amended and Restated
Agreement may be executed in several counterparts, any one of which shall
be regarded for all purposes as one original. Each Member agrees that it
will execute any and all deeds, instruments, documents and resolutions or
ordinances necessary to give effect to the terms of this Amended and
Restated Agreement.
Section 7.05. Waiver. No waiver by any Member of any term or
condition of this Amended and Restated Agreement shall be deemed or
construed as a waiver of any other term or condition, nor of any
subsequent breach, whether of the same or of a different provision of this
Amended and Restated Agreement.
Section 7.06. Complete Agreement. This Amended and Restated
Agreement merges and supersedes all prior negotiations, representations
and agreements between the Members hereto relating to the subject matter
hereof, including the Original Agreement, and constitutes the entire
contract among the Members concerning the formation and powers of MFA.
BD152O6 (PF) 7 O9/28/9O
Section 7.07. Amendments to this Amended and Restated Agreement.
This Amended and Restated Agreement may be amended only with the consent
of at least fifty-one percent of the then existing Members. No amendment
can be made which would in any way materially prejudice the rights of any
bondholder. This Amended and Restated Agreement shall not be amended
without the opinion of nationally recognized bond counsel to the effect
that such amendment will not adversely affect the exclusion from gross
income for federal income tax purposes of interest on the Bonds.
Section 7.08. Governing Law. This Amended and Restated Agreement
shall be governed by and construed in accordance with the laws of the
State of Utah.
Member: Salt Lake City
By
` !Li i � Title Mayor
(SEAL) Itt
eNe
Attest:
By
Title City Recorder
Approved as to proper form and compatibility with the laws of the
State of Utah, and duly authorized, executed and delivered by the Member.
Attorney for the city, town,
municipal cooperative or
special district artment,�;o, E�Eo
funds
Finance DB,p
Date
Encumbered •
BD152O6 (PF) 8 09/28/90
13D152O5 (PF)
Salt Lake City, Utah
August 30, 1990
The Governing Body of Salt Lake City, Utah, (the "Member") met in
a regular meeting at 151 South State Street, Salt Lake City, Utah, on
, the day of October, 1990, at p.m. There were
present at said meeting the following members:
Alan G. Hardman Chair
Nancy K. Pace Vice Chair
L. Wayne Horrocks Councilmember
Don C. Hale Councilmember
Ronald J. Whitehead Councilmember
Tom Godfrey Councilmember
Roselyn Kirk Councilmember
Also present:
Palmer DePaulis Mayor
Roger F. Cutler City Attorney
Kathryn Marshall City Recorder
Absent:
constituting all members thereof.
After the meeting had been duly called to order and after other
matters not pertinent to this Resolution had been discussed, the City
Recorder presented to the Governing Body a Certificate of Compliance with
Open Meeting Law with respect to this , 1990 meeting, a copy
of which is attached hereto as Exhibit "A".
The following Resolution was then introduced in written form, was
fully discussed, and pursuant to motion duly made by , and
seconded by , adopted by the following vote:
YEA:
NAY:
The Resolution was then signed by the Mayor in open meeting and
recorded by the City Recorder. The Resolution is as follows:
RESOLUTION NO.
RESOLUTION OF THE GOVERNING BODY OF SALT LAKE CITY
("MEMBER") APPROVING THE AMENDED AND RESTATED UTAH MUNICIPAL
FINANCE COOPERATIVE AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SAID AMENDED AND RESTATED AGREEMENT; APPOINTING
A REPRESENTATIVE AND ALTERNATE TO REPRESENT THE MEMBER IN THE
GOVERNING BODY OF THE UTAH MUNICIPAL FINANCE COOPERATIVE; AND
RELATED MATTERS.
WHEREAS, on or prior to July 1, 1986, certain cities, towns and
districts of various kinds (the "Original Members") created the Utah
Municipal Finance Cooperative (the "MFA") , a separate legal entity and
political subdivision, pursuant to the provisions of the Interlocal
Co-operation Act, Chapter 13, Title 11, Utah Code Annotated 1953, as
amended, through the approval and execution of a Utah Municipal Finance
Cooperative Agreement dated as of June 1, 1986 (the "Original Agreement") ;
and
WHEREAS, the Original Members have unanimously amended the Original
Agreement by the approval of an Amended and Restated Utah Municipal
Finance Cooperative Agreement (the "Amended and Restated Agreement") to,
among other things, (i) allow additional members to join MFA, (ii) clarify
the governance provisions of MFA and (iii) provide for the withdrawal of
members; and
WHEREAS, the Member desires to become a Member of MFA by adopting
the Amended and Restated Agreement and to appoint a duly elected official
of the Member to act as its representative ("Representative") and
participant member of the governing body of MFA:
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE MEMBER
AS FOLLOWS:
Section 1 . All actions not inconsistent with the provisions of this
resolution heretofore taken by the Member directed toward creating MFA for
the purpose of issuing obligations to finance various facilities, services
or improvements of its Members, are hereby ratified, approved and
confirmed.
Section 2. The Member hereby agrees to become a member of MFA and
to evidence the same, hereby approves the Amended and Restated Agreement,
in the form presented to this meeting, and the appropriate officers of the
Member are hereby authorized and directed to execute and deliver the
Amended and Restated Agreement, in the form presented to this meeting,
their execution constituting conclusive evidence of the Member's approval
thereof.
BD15205 (PE) 2
Section 3. The Member hereby appoints , a duly
elected official of the Member, as its Representative and participating
member of the governing body of MFA, and , a duly
elected official of the Member as an alternate Representative to act on
behalf of the Member in the Representative's absence.
Section 4. All orders, ordinances and resolutions with respect to
this transaction heretofore adopted, or parts thereof, which are in
conflict with any of the provisions hereof are, to the extent of such
conflict, hereby repealed, except that this repeal shall not be construed
to revive any act, order or resolution, or part thereof, heretofore
repealed.
Section 5. If any provision of this resolution shall be held or
deemed to be or shall, in fact, be invalid, inoperative or unenforceable
for any reason, such reason shall not have the effect of rendering any
other provision or provisions hereof invalid, inoperative or unenforceable
to any extent whatever, this resolution and the provisions of this
resolution being deemed to be the separate independent and severable act
of the governing body of the Member.
Section 6. Immediately after its adoption, this resolution shall
be signed by the appropriate officers of the Member, shall be recorded in
the official records of the Member and shall take immediate effect.
PASSED AND APPROVED by the governing body of the Member, this
day of October, 1990.
By
Title Chairperson
(SEAL)
Attest:
By
Title City Recorder
BD152O5 (PF) 3
(Other business not pertinent to the above appears in the minutes
of the meeting. )
Upon motion duly made and carried, the meeting was adjourned.
Chairperson
ATTEST:
Secretary
( S E A L )
Presentation To The Mayor
The foregoing Resolution was presented to the Mayor for his approval
or disapproval on this day of October 1990.
Chairperson
Mayor's Approval
The foregoing Resolution is hereby approved this day of October
1990.
Mayor
BD15205 (PF) 4
STATE OF UTAH )
= ss.
COUNTY OF SALT LAKE )
I, Kathryn Marshall, hereby certify that I am the duly qualified and
acting City Recorder cf Salt Lake City, Utah.
I further certify that the above and foregoing instrument
constitutes a true and corrected copy of the minutes of a regular meeting
of the Governing Body of said Member, including a Resolution adopted at
said meeting held on , 1990, as said minutes and Resolution are
officially of record in my possession, and that a copy of said Resolution
was deposited in my office on , 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Member this day of , 1990.
City Recorder
( S E A .L )
BD15205 (PF) 5
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Kathryn Marshall, the undersigned City Recorder of Salt Lake
City, Utah (the "Member") , do hereby certify, according to the records of
the Member 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
1990, public meeting held by the Member as follows:
(a) By causing a Notice, in the form attached hereto as
Exhibit "A" , to be posted at the Member's principal offices at 451
South State Street, Salt Lake City, Utah on
1990, at least twenty-four (24) hours prior to the convening of the
meeting, said Notice having continuously remained so posted and
available for public inspection until the completion of the meeting;
and
(b) By causing a copy of such Notice, in the form attached
hereto as Exhibit "A", to be delivered to the Salt Lake Tribune on
, 1990, at least twenty-four (24) hours prior
to the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature
this day of , 1990.
City Recorder
( S E A L )
BD15205 (PE) 6
't HIV` EI?
.+ .:s�I�i `�`J OFFICE
DATE .,LD L-9° —_ --
PALMER DEPAULIS r`a' CMO�1'+++
MAYOR OFFICE OF THE MAYOR
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7704
September 28, 1990
Alan Hardman , Chairperson , and
Members of the Salt Lake City Council
451 South State Street , Room 304
Salt Lake City , Utah 84111
Dear Alan :
Enclosed is the ordinance which officially names and
describes the boundaries of the Steiner Aquatic Center .
Naming the facility after the Steiner family is a small
token of appreciation to express the city ' s sincere
gratitude to the Steiner family .
I would appreciate your adoption of this ordinance at
your earliest convenience .
Sincerely ,
r/
(1(i.? Mayor
PD/EC : jf
SALT LAKE CITY ORDINANCE
No. of 1990
(Steiner Aquatic Center)
AN ORDINANCE ENACTING SECTION 15 . 04 . 320 OF THE SALT
LAKE CITY CODE, RELATING TO STEINER AQUATIC CENTER.
Be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1 . That Section 15 . 04 . 320 of the Salt Lake
City Code, relating to Steiner Aquatic Center, is hereby
enacted as follows :
15.04.320 Description of Steiner Aquatic Center.
Steiner Aquatic Center is described as follows :
Parcel 1 .
Beginning at a point on the East right of way
of Guardsman Way which is the Southwest
corner of Parcel No. 2, Tract "L" as shown on
the United States Department of Interior,
Bureau of Land Management Plat of Section 4 ,
T1S, R1E SLB&M, dated December 2, 1976 , a
point which is East 699 . 98 feet and North
1099 . 78 feet from Fort Douglas Military
Monument No. 3 as shown on City Atlas Plat
No. 70; thence N. 00°02 ' 01" W. 160 . 00 feet
along the East right of way of Guardsman Way;
thence N. 15°26 ' 16" E. 590 feet; thence N.
44°50 ' 52" E. 202 . 12 feet; thence N. 89°59 ' 50"
E. 320 . 00 feet; thence S. 00°02 ' 01" E.
1171 . 43 feet; thence N. 89°59 ' 10" W. 220 . 00
feet; thence N. 00°02 ' Ol" W. 299 . 47 feet;
thence N. 89°59 ' 50" W. 400 feet to the point
of beginning. Contains 12 .14 acres more or
less .
Parcel 2
Beginning at a point on the East right of way
of Guardsman Way, a point which is East
699 . 98 feet and North 1259 .82 feet from Fort
Douglas Military Monument No. 3 as shown on
City Atlas Plat No. 70; thence N. 00°02 ' 01"
W. 370 . 00 feet; thence N. 89°59 ' 10" E. 102 . 40
feet; thence S . 15°26 ' 16" W. 383 . 87 feet to
the Point of Beginning. Contain 0 . 435 acres
more or less .
SECTION 2 . This Ordinance shall take effect on its
first publication.
Passed by the City Council of Salt Lake City, Utah,
this day of , 1990 .
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to the Mayor on
Mayor' s Action: Approved Vetoed
MAYOR
ATTEST:
CITY RECORDER
-2-