09/19/1989 - Minutes PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
TUESDAY, SEPTEMBER 19, 1989
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole on Tuesday, September 19, 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. -
The Council Members inter- Councilmember Hardman raised
viewed two board appointee candi- a question regarding the carry-
dates. Karel Doop McDonough said over of CDBG funds from one budget
that her twenty-two years of year to the next. He requested
residency in Salt Lake City, her that this be evaluated separately
familiarity with City functions to justify and reallocate funds to
and her desire to continue public other programs if necessary. Ms.
service were cause for her inter- Gust-Jenson said the Council staff
est to serve on the Tracy Aviary had spoken to Capital Planning
Board. about this.
Victoria Palacios, being Councilmember Bittner remind-
considered for the Planning and ed the Council that the Redevelop-
Zoning Commission, indicated that ment Agency hearing scheduled for
her interest in community service 6:30 was to hear and gather infor-
and the operations of the City mation and was not advertised as a
were her reasons to seek this policy making hearing.
appointment. Councilmembers
Horrocks and Bittner mentioned The briefing session was
that serving on this board re- concluded in preparation for the
quired a lot of time and urged her convening of the regular City
to be certain she could make this Council meeting.
commitment. Ms. Palacios assured
them that the time involvement was
not an issue for her.
Cindy Gust-Jenson, Council
Executive Director, reviewed the
Council ' s agenda for the evening,
noting certain items, and reviewed
the Council ' s calendar of events
and invitations.
She said if the Council had
any questions regarding the budget
item, to talk with her or one of
the staff members at the break so
they could provide complete infor-
mation.
89-266
41
PROCAINGS OF THE CITY COUNCIL OF SALT LAKE CITy', UTAH
TUESDAY, SEPTEMBER 19, 1989
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, September 19, 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 Lynda Domino, Chief Deputy City Recorder,
were present.
Council Chair Stoler presided at and conducted the meeting.
OPENING CEREMONIES and was sending children to the
U.S.S.R. who saw only what the
#1. There was no invocation. government wanted them to see.
She also expressed her opinion
#2. The Council led the that the sister city resolution
Pledge of Allegiance. was not "people to people" but
"government to government" . She
#3. Councilmember Godfrey asked the Council not to jump on
moved and Councilmember Hardman the "Glasnost bandwagon" and said
seconded to approve the minutes of she thought the Soviets would be
the Salt Lake City Council for the sincere when they let their people
regular meeting held Tuesday, travel freely around and let
September 12, 1989, which motion people out of concentration camps.
carried, all members voted aye.
(M 89-1) The following people con-
curred with Ms. Slighting' s com-
COMMENTS ments:
Vicki Slighting, 2725 Hart- Shirley Rickkett, 3353 So.
ford Street, spoke in opposition Main
to Salt Lake City' s sister city Mary Lindsey, 3625 Maclntosh
resolution with Chernovtsy, Lane
U.S.S.R. She expressed her con- Joy Wyatt, 683 E. Garden
cern about communism, Soviet Avenue
motives and Soviet past political Will Brown, 3380 So. 2175
practices in other countries such East
as Afghanistan. She expressed her Nathan Koontz, 2523 Well-
opinion that the illusion of ington Street
change in the U.S.S.R. was a ploy Gary Slaybaugh, 3520 Alva
to loosen the purse strings of the Circle
United States and to increase the Adrian Slighting, 2725 Hart-
infusion of technology from the ford Street
West.
Mayor DePaulis explained that
She was concerned that Ameri- the resolution with Chernovtsy
ca was embracing the Soviet image basically agreed to facilitate the
89-267
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
TUESDAY, SEPTEMBER 19, 1989
exchange of students, tour groups, to Petition No. 400-761 by Sin-
and university professors, which clair/Little America, R.E. Hold-
would be similar to what Salt Lake ing.
City did with its other sister (P 89-319)
city programs. He said the reso-
lution was signed in June of this #2. RE: Adopting Resolution
year and it finalized the exchange 109 of 1989 authorizing the execu-
program under the sister city tion of an interlocal cooperation
rules of Sister Cities Interna- agreement between Salt Lake City
tional. and Salt Lake County for the
installation of Watermain _Exten-
He said the purpose of enter- sion 33-C-1314 located at approxi-
ing into the relationship was not mately Warr Road, Wasatch Boule-
for political or ideological yard to 3616 East, and Cascade
reasons, or national policy mak- Way, 2900 South to 2945 South.
ing. He said these agreements were (C 89-504)
for friendship relationships be-
tween cities and to exchange dele- #3. RE: Adopting Resolution
gations and visit each other's 110 of 1989 authorizing the execu-
cities which may lead to economic tion of an interlocal cooperation
development opportunities between agreement between Salt Lake City
the cities. He said these were and the Utah Department of Trans-
not treaties or any other type of portation for street sweeping,
alliance but were entered into to from July 1, 1989 to June 30,
promote understanding, friendship 1990, with all work inspected by
and peace in the world among the Utah State Department of
people everywhere. Transportation.
(C 89-505)
Mayor DePaulis said he had no
intention of cancelling the agree- #4. RE: Adopting Resolution
ment and said he thought it would 111 of 1989 authorizing the execu-
serve community interests. He tion of an interlocal cooperation
mentioned that there were many agreement between Salt Lake City
people who favored expanding and the Board of Education provid-
friendship ties with people every- ing for the services of a full-
where. time police officer for Northwest
and Glendale Intermediate schools.
CONSENT AGENDA (C 89-506)
Councilmember Godfrey moved NEW COUNCIL BUSINESS
and Councilmember Kirk seconded
to approve the consent agenda, #1. RE: Convening as the
which motion carried, all members Board of Canvassers and adopting a
voted aye. motion authorizing the City Re-
corder to prepare an abstract of
#1. RE: Setting a date for a the votes cast in the primary
public hearing to be held Tuesday, election to be held October 3,
October 10, 1989, at 6:30 p.m. to 1989, for Councilmembers of Dis-
obtain public comment concerning, tricts 1, 3, 5 and 7, and recess
and consider adopting, an ordi- the Board until the abstract is
nance regarding closing Walker complete.
Place, Carson Street in Block 40
and Eardley Avenue in Block 21, ACTION: Councilmember
Salt Lake City Survey, pursuant Godfrey moved and Councilmember
89-268
PROCWINGS OF THE CITY COUNCIL OF SALT LAKE CII, UTAH
TUESDAY, SEPTEMBER 19, 1989
Kirk seconded to adjourn as the Godfrey moved and Councilmember
City Council, which motion car- Kirk seconded to adopt Resolution
ried, all members voted aye. 107 of 1989, which motion car-
ried, all members voted aye.
Councilmember Godfrey moved
and Councilmember Kirk seconded to DISCUSSION: Richard Scott,
convene with the Mayor as the Chapman and Cutler, bond counsel,
Board of Canvassers, which motion said the bonds were issued in 1987
carried, all members voted aye. by the city on a variable rate
basis. He said Delta Airlines
Councilmember Kirk moved and asked to -have- them converted to a
Councilmember Godfrey seconded to fixed rate, which has been set at
authorize the City Recorder to 7. 90%. He said the resolution
prepare an abstract of the votes would permit the execution of a
cast in the primary election to be supplemental trust indenture to
held October 3, 1989, for Council- take care of certain matters in
members of Districts 1, 3, 5 and connection with fixing the rate.
7, which motion carried, all (Q 87-5)
members voted aye.
#2. RE: Consider adopting
Councilmember Godfrey moved a resolution authorizing the
and Councilmember Kirk seconded to issuance and sale of not more than
recess as the Board of Canvassers $22, 750, 000 aggregate principal
until the abstract is complete, amount of Airport Revenue Refund-
which motion carried, all members ing Bonds of Salt Lake City;
voted aye. authorizing such bonds to be
issued in one or more series for
Councilmember Godfrey moved delivery in 1993 to the initial
and Councilmember Kirk seconded purchases thereof; fixing the
reconvene as the City Council, maximum aggregate principal amount
which motion carried, all members of such bonds, the maximum number
voted aye. of years over which such bonds may
(U 89-1) mature, the maximum interest rate
that such bonds may bear and the
UNFINISHED COUNCIL BUSINESS maximum discount from par at which
such bonds may be sold; providing
#1. RE: Consider adopting a for the publication of a notice of
resolution authorizing the execu- bonds to be issued; providing for
tion of a first supplemental trust the running of a contest period;
indenture between the City and and related matters.
Zions First National Bank, an
addendum to the purchase contract ACTION: Councilmember Kirk
between Delta Air Lines, Inc. , and moved and Councilmember Godfrey
Smith Barney, Harris Upham & Co. seconded to adopt Resolution 108
Incorporated, and a remarketing of 1989, which motion carried, all
memorandum in connection with the members voted aye except
conversion to a fixed interest Councilmember Fonnesbeck who was
rate of the $22,000,000, Salt Lake absent for the vote.
City Weekly Adjustable/Fixed Rate
Airport Facilities Revenue Bonds, DISCUSSION: Richard Scott,
Series 1987 (Delta Air Lines, Inc. Chapman and Cutler, bond counsel,
Project) and related matters. said the proposed resolution would
permit the publication of a notice
ACTION: Councilmember of bonds to be issued which would
89-269
PROC DINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 19, 1989
begin the 30-day contest period so cussed in an October Committee of
refunding could be closed in 30 to the Whole meeting, after staff has
45 days. reviewed this with the administra-
tion in more detail, which motion
David Brownstein, Erlich carried, all members voted aye.
Bober, said the purpose of this
issue was to take advantage of DISCUSSION: Steve Fawcett,
current interest rates. He said finance office, said the amendment
the tax reform act of 1986 prohib- packet was distributed to the
ited the airport from refunding Council and had been available for
outstanding revenue bonds but a public inspection in the Recor-
new technique would provide for der' s Office for the past week.
refunding to occur in 1993 when He said he would entertain any
the bonds are callable and would questions from the Council.
lock in today' s interest rates.
He said the bottom- line savings Councilmember Hardman re-
to the airport over the life of ferred to the amendment item which
the issue would be $9 million moved funds for the City and
while present valued savings to County Building debt service. He
1993 was just under $2 million. He asked what the remaining general
said because of the types of fund balance would be in the CIP.
savings available today, it would
be appropriate to lock in the Mr. Fawcett said moving the
savings as opposed to risking City and County Building funds was
where the market would be in 1993. more of an accounting technical-
(Q 89-5) ity. He explained that they had a
debt service fund but chose to put
PUBLIC HEARING the debt service amount in the CIP
fund since the City and County
#1. RE: A public hearing at Building was a capital improvement
6: 20 p.m. to obtain comment con- project. In order to satisfy
cerning, and consider adopting, an accounting regulations for report-
ordinance regarding Budget Amend- ing purposes, he said they would
ment No. 2. then transfer the funds to a debt
service fund in order to pay the
ACTION: Councilmember debt, as opposed to paying the
Godfrey moved and Councilmember debt directly out of the CIP fund.
Kirk seconded to close the pub- He said $4. 9 million was the
lic hearing, which motion carried, original general fund contribution
all members voted aye. and $2. 6 million related to the
debt service fund was the general
Councilmember Hardman moved fund' s share.
and Councilmember Kirk seconded to
adopt Ordinance 62 of 1989 amend- Councilmember Hardman said if
ing Ordinance 36 of 1989 adopting they moved $3. 5 million from CIP
the budget of Salt Lake City for to debt service they would be
fiscal year 1989-90 beginning July starting next year' s budget pro-
1, 1989, and ending June 30, 1990, cess with a reduced CIP. Mr.
as proposed with the exception of Fawcett said last year the general
the CDBG carryover funds related fund' s share of the debt service
to the City' s administration of for the City and County Building
the program in the amount of was programmed into the CIP bud-
$143, 649 .33; and that the adminis- get, and would be programmed in
trative carryover funds be dis- the CIP budget next year. He said
89-270
PROADINGS OF THE CITY COUNCIL OF SALT LAKE CI11, UTAH
TUESDAY, SEPTEMBER 19, 1989
what they were doing was to take
funds from the general fund and
transfer them to the CIP in order
to identify the City and County
Building as a CIP project. And
then in order to satisfy account-
ing regulations, they would trans-
fer funds from the CIP fund to the
debt service fund. He said the
CIP fund would remain at its
present level and next year they
would still have approximately $5
million from the general fund, at
which time they would have an
additional debt service payment to
which the general fund was con-
tributing. He said they were not
diluting the CIP fund next year as
opposed to the amount in the
present year and said this amount
would remain constant according to
the bond agreement.
Councilmember Hardman asked
if at some point the CIP budget
would be reduced by $3.5 million.
Mr. Fawcett said essentially the
money would appear in three places
in the budget: It would occur in
the general fund as an appropriat-
ed transfer which then would go to
the CIP fund and then to the debt
service fund. So the $3.5 million
would continue to show in the CIP
budget.
No one from the public ad-
dressed this issue.
(B 89-5)
The meeting a j ur d at 6:50
p.m.
e
CO I CHAIR
Y R DER
89-271
V ' "'Jerada.
SALT LAKE CITY. COUNCIL AGENLr, / 0.44(Mi tiO
CITY COUNCIL CHAMBER
ROOM 315,
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET
Tuesday, September 19, 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. The City Council will interview Karel Doop McDonough for appointment to the
Tracy Aviary Board.
3. The City Council will interview Victoria Palacios for appointment to the
Planning and Zoning Commission.
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. Petition No. 400-761 submitted by, Sinclair/Little America by R. E. Holding
Set a date to hold a public hearing on October 10, 1989 at 6: 30 p.m. to
obtain public comment concerning and consider adopting an ordinance
regarding closing Walker Place, Carson Street in Block 40 and Eardley Avenue
in Block 21, Salt Lake City Survey, pursuant to Petition No. 400-761
submitted by Sinclair/Little America by R. E. Holding.
(P 89-319)
Staff recommendation: Set date.
2. Interlocal Cooperation Agreement - Salt Lake County
Consider adopting a resolution authorizing the execution of an Interlocal
Cooperation Agreement between Salt Lake City and Salt Lake County for the
installation of Watermain Extension 33-C-1314 located at approximately Warr
Road, Wasatch Blvd. to 3616 East; and Cascade Way, 2900 South to 2945 South.
(C 89-504)
Staff recommendation: Adopt.
3. Int_Prloca1Cooperation Agreement__- Utah De rtment of Transportat.ion
Consider adopting a resolution authorizing the execution of an Interlocal
Cooperation Agreement between Salt Lake City and the Utah Department of
Transportation for street. sweeping. The agreement will be from July 1, 1989
to June 30, 1990 with all work inspected by the Utah State Department of
Transportation. ! .
(C 89-505)
Staff recommendation: Adopt.
4. Interlocal Cooperation Agreement__. Board of Educat.ion
Consider adopting a resolution authorizing the execution of an Interlocal
Cooperation Agreement. between Salt Lake City and the Board of Education
providing for the services of a full time police officer for. Northwest and
Glendale Intermediate Schools. 1
(C 89-506)
Staff recommendation: Adopt.
E. NEW COUNCIL BUSINESS:
1 Canvass of Primary Election
Consider convening as the Board of Canvassers and adopting a motion
authorizing the City Recorder to prepare an abstract of the votes cast in
Ipti, ' the primary election to be held October 3, 1989, for Councilmembers of
Districts 1, 3, 5, and 7, and recess the Board until the abstract is
(U 89-1)
Staff recommendation: Adopt.
F. UNFINISHED COUNCIL BUSINESS:
Series 1987 Weekly Adjustable/Fixed Rate Airport Facilities Revenue Bonds
i Consider adopting a resolution authorizing the execution of a first
1 supplemental trust indenture between the City and Zions First National Bank,
an addendum to the purchase contract between Delta Air Lines, Inc. and Smith
it,\\-91Barney, Harris Upham & Co. Incorporated, and a remarketing memorandum in
1 �' connection with the conversion to a fixed interest rate of the $22,000,000,
• / 4 Salt Lake City Weekly Adjustable/Fixed Rate Airport Facilities Revenue
,- G Bonds, Series 1987 (Delta Air Lines, Inc. Project) and related matters.
(Q 87-5 ) �IJwjm il 6/13)/6"ch"
-1
it
�
V� , Sta f recommendation: Adopt. .
lVlc,$r rye( ` ( &) c Lne)
Vf ',,
, i od. . \vo. v 1`
r
V
2. Series 1993 Airport Revenue Refunding Bonds
Consider adopting a resolution authorizing the issuance and sale of not more
than $22,750,000 aggregate principal amount. of Airport. Revenue Refunding
Bonds of Salt. Lake City; authorizing such bonds to be issued in one or more
series for delivery in 1993 to the initial purchases thereof; fixing the
maximum aggregate principal amount of such bonds, the maximum number of
years over which such bonds may mature, the maximum interest rate that such
bonds may bear and the maximum discount from par at which such bonds may be
sold; providing for the publication of a notice of bonds to be issued;
providing for the running of a contest period; and related matters.
(Q 89-5)
Staff recommendation: Adopt.
G. PUBLIC HEARINGS:
1. Budget Amendment No. 2
6: 20 p.m.
Obtain public comment concerning and consider adopting an ordinance
regarding Budget Amendment No. 2.
(B 89-5)
Staff recommendation: Close hearing and adopt.
H. ADJOURNMENT.
** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONOERN NG ANY ITEM ON THIS AGENDA
DATED:
i
/ rr-C
BY:
IE. DEPUTY CITY R CORDER
STATE OF UTAH
COUNTY OF SALT LAKE ) ss.
On the 15th day of September, 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.
I DEPUTY CITY RECORDER
Subscribed and sworn to before me this 15th day of September, 1989.
, ,
Gj
Lei/I ' - -
Notary Public residing in•t.be
State of Utah
My Commission Expires: r 415
1 f 41 1:;
.1: 44102-v4 fig
L.
APPROVAL:
EXECUT DIRE_TOR
OFFICE OF THE CITY COUNCIL
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, SUITE 304
SALT LAKE CITY, UTAH 84111
535-7600
MEMORANDUM
To: Alan Hardman Date: September 19, 1989
From: Cam Caldwell Subject: School Interlocal
Cindy asked me to follow up with the Police Department to provide you with
additional information about the Interlocal Agreement with the Board of
Education on tonight's agenda.
I called Ed Johnson who indicated that the department has developed a better
agreement with the Board of Education than we have had in the past. Ed stated
that the half the cost of the officers are reimbursed and noted that the costs
reflected are for a nine month contract. Prior to this year we received
$10,000 per year from the school district. This year the amount increases to
$12, 000. Nex year, and thereafter, the school district will reimburse "one-
half of the gross salary, including taxes and fringe benefits.
It may be important to emphasize that the Police Department and the School
District share the costs of the Police Officers participating in the schools.
The Police Department is pleased to be in the classrooms and to have the
School District reimburse the City for half of the costs of providing an
officer. As you are aware, the Police Department has put high priority on
attempting t.o resolve the drug problem. The DARE Program has been given top
priority for the Police Department this year.
Please get back t.o me if you have any questions. I hope that I have
adequately addressed your. concerns.
-1-
PROCEEDINGS uF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 12, 1989
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole on Tuesday, September 12, 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.
The Council Members inter- included in the Opening Ceremonies
viewed Mr. Theophile J. Syms for was a presentation of a resolution
appointment to the Board of Ap- recognizing September 14th as
peals and Examiners. Chairman D.A.R.E. Day in Salt Lake City.
Stoler asked Mr. Syms to state his D.A.R.E. is an anti-drug program
qualifications and desire to serve helping children and young adults.
on this Board. Mr. Syms said he
felt qualified for this appoint- Ms. Gust-Jenson said Council
ment due to his familiarity with Member Fonnesbeck had requested
the rules and regulations of that the public hearing concerning
building homes and remodeling the appointment procedures to the
structures. Historical Landmark Committee be
scheduled for October 10, 1989,
Council Member Kirk asked if rather than October 3rd. The
he was aware of the responsibili- reason for her request was because
ties of this appointment. Mr. the Avenues Community Council
Syms said he was aware of the monthly meeting was scheduled for
Board' s service but was not, at October 4, 1989.
this time, aware of what his
particular duties would be. Upon Council Member Godfrey' s
Council Member Bittner expressed inquiry about the Consent Agenda,
appreciation to Mr. Syms for his Ms. Gust-Jenson explained the
willingness to serve. reason for scheduling and holding
a public hearing the same night.
The Council Members inter- She said this was a nonadvertised
viewed Glenda Armour for appoint- public hearing and scheduling had
ment to the Community Development been approved by the City Attor-
Advisory Committee. Chairman ney' s office. She explained that
Stoler asked Ms. Armour to state while the timing was appropriate
her qualifications and desire to in the legal sense, it was outside
serve on this Board. Ms. Armour of the Council ' s general practice.
said she had never served on a She had informed Council Members
City committee but was excited present at last week' s Committee
about this appointment. Ms. of the Whole meeting of this
Armour would be representing the request, and they had agreed to
Jackson area. Council Member Kirk setting the date and holding the
indicated her appreciation for Ms. public hearing on the same night
Armour' s enthusiasm. to expedite the process.
Cindy Gust-Jenson, Council Ms. Gust-Jenson reviewed the
Executive Director, said that calendar of events as stated on
the attached list.
89-260
COUNCIL MINUTES
SEPTEMBER 1 2 , 1 989
ATTACHMENT
DATE EVENT LOCATION COST RSVP
9/13-15 League of Cities Conf. SLC TG 3 days
FB 3 days
RK Wed
9/15 Dedication/Open House
Central Valley Water 800 W Central Valley Rd yes- FB & RK
9/21 Gov's Breakfast. Salute Little America Hotel **by 9/15
to UP & L no-RK
yes-ER
9/23 Coalition for Utah's Airport Hilton $15 **by 9/18
Future/Child Care no-RK
Action Forum
9/26 Lt. Gov's Breakfast Marriott by 9/26
re: 1989 Utah Ski Ball yes-FB
9/27 Delta Airlines Grand 3823 W 1200 N **by 9/15
Opening yes-FB
RK
CIP Project Tours ( Max Peterson )
* * * * * * * * *
11/25 NLCT Nat'l Conference Janne has WS & AH
Janne needs airline info
12/6 Clark Financial Xmas Party SL Country Club 11/20
89-260A
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 12, 1989
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, September 12, 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
Emilie Charles, Executive Assistant to the Mayor, Roger Cutler, City
Attorney, Lynda Domino, Chief Deputy City Recorder, and Doc Kivett,
Deputy Recorder, were present. Mayor Palmer DePaulis was absent.
Council Chair Stoler presided at the meeting and Councilmember
Bittner conducted the meeting.
OPENING CEREMONIES would have additional skills to
deal with the ever increasing drug
#1. There was no invocation. problem. He said the program was
in 10 schools this year and his
#2. The Council led the goal was to be in all 27 Salt Lake
Pledge of Allegiance. City schools next year. He said
on September 14th representatives
#3. Councilmember Godfrey of the local business community
moved and Councilmember Kirk were going to make a significant
seconded to approve the minutes of financial contribution to this
the Salt Lake City Council for the program in order to ensure its
regular meeting held Tuesday, success in its first year.
September 5, 1989, which motion
carried, all members voted aye. Councilmember Stoler pre-
(M 89-1) sented the resolution to Chief
Chabries and pledged the Council
#4. The City Council and support of this program.
Mayor presented a resolution (R 89-1)
officially recognizing September
14, 1989, as D.A.R.E. (Drug Abuse
Resistance Education) Day in Salt CONSENT AGENDA
Lake City.
Councilmember Horrocks moved
Councilmember Kirk read the and Councilmember Kirk seconded to
resolution. Councilmember Kirk approve the consent agenda, which
moved and Councilmember Godfrey motion carried, all members voted
seconded to adopt Resolution 106 aye except Councilmember Hardman
of 1989, which motion carried, all who abstained from voting.
members voted aye.
#1. RE: Setting a date for a
Police Chief Chabries said he nonadvertised public hearing to be
was excited about the new held Tuesday, September 12, 1989,
D.A.R.E. program. He said he at 6:30 p.m. to obtain public
thought the police department comment concerning, and consider
could be more effective by working adopting, an ordinance regarding
with 5th and 6th graders so they closing "old 700 North" between
89-261
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 12, 1989
John Glenn Road and Eddie #2. RE: Consider adopting
Rickenbacker Road within the Salt an ordinance amending section
Lake International Center pursuant 21.78. 130, Recreational Facilities
to Petition No. 400-741-89. in Residential Areas, pursuant to
Petition No. 400-708-89, DeSantis
DISCUSSION: Councilmember petition.
Hardman asked which company was
involved with this request. Cindy ACTION: Councilmember Kirk
Gust-Jenson, Council Executive moved and Councilmember Godfrey
Director, said Compeq was the seconded to adopt Ordinance 59 of
company. Mr. Hardman said the 1989, which motion carried, all
architectural firm which he worked members voted aye.
for was involved with this company (0 89-36)
so he said he would abstain from
voting.
PUBLIC HEARINGS
Councilmember Fonnesbeck
asked why the Council was setting #1. RE: A public hearing at
the hearing and holding it the 6:20 p.m. to obtain comment con-
same night. Ms . Gust-Jenson said cerning, and consider adopting, an
the firm needed to act quickly on ordinance amending Section 21.52.-
their building and the Salt Lake 010, "B-3" business district, to
City Attorney' s Office said this prohibit mechanical repairs and
was legal action since the hearing specialty-type service centers for
was nonadvertised. automobiles and light trucks.
Allen Johnson, planning ACTION: Councilmember Kirk
director, said all the concerned moved and Councilmember Godfrey
parties had been involved through seconded to close the public
the Planning Commission process hearing, which motion carried, all
and were aware that the Council members voted aye.
was holding this hearing.
(P 89-308) Councilmember Hardman moved
and Councilmember Kirk seconded to
adopt Ordinance 60 of 1989, which
UNFINISHED COUNCIL BUSINESS motion carried, all members voted
aye.
#1. RE: Set a date to hold
a public hearing on October 10, DISCUSSION: Allen Johnson,
1989, at 6:20 p.m. to obtain planning director, said this was a
public comment concerning, and staff initiated request as a
consider adopting, an ordinance result of a recent Board of Ad-
regarding the appointment proce- justment case in which the City
dures to the Historical Landmark Attorney' s Office rendered a
Committee. legal opinion on the definition
of a retail establishment. He
ACTION: Councilmember Hard- said that after a legal interpre-
man moved and Councilmember Hor- tation, certain automotive sales
rocks seconded to set the date, and repair facilities were consid-
which motion carried, all members ered qualified uses in a B-3 zone
voted aye except Councilmember whereas before they had been
Stoler who was absent for the conditional under a C-1 zone and
vote. allowed under a C-3 zone.
(0 89-7)
89-262
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 12, 1989
Because of the Board of Councilmember Stoler said new
Adjustment case and the attorney' s EPA standards were going to be
legal opinion, Mr. Johnson recom- imposed and many neighborhood
mended that the B-3 ordinance be service stations would close
modified to further define the because it would be too expensive
present intent of the B-3 zone, to repair their underground tanks.
which was to exclude those uses He asked if the Planning Commis-
that were automobile repair ori- sion had considered a possible use
ented or oriented toward specialty of this land. Mr. Johnson said
servicing such as muffler shops, they hadn' t submitted this issue
brake shops and tire establish- to the Planning Commission but he
ments. He said it was never the had directed the long-range plan-
city's intent to allow these uses ning section in his office to
in neighborhood B-3 zones since develop a new B-3 zone and this
they were more of a community or was one issue they would address .
regional use. He said it was He said even though a business may
important to have the Council not be able to afford to replace a
approve a definitional clarifica- tank, the EPA would require them
tion in the ordinance. to pull it out of the ground.
Councilmember Bittner asked Councilmember Stoler said
if existing situations would the fire department indicated that
remain a conditional use. Mr. as long as the tank was empty and
Johnson said that presently in the filled with foam or sand, it could
B-3 zone the city didn't have any stay in the ground. Mr. Johnson
specialty service-type establish- said the EPA was concerned about
ments. He said service stations the plume which would develop off
would remain but his office wanted the tank and was also concerned
to address the issue of public about fluid migrating into the
garages or muffler/brake shops tank. He said if the tank was
where they derived more that 50% filled with sand, the fumes would
of their income from the sale of stay in the sand and would be a
the item and 49% from the cost of danger. He said he thought the EPA
installation. He said currently would require owners to pull the
there were not any nonconforming tanks. He also said there were a
uses. number of neighborhood uses they
could retrofit into these older
Councilmember Kirk asked buildings but they would have to
about this type of business which consider each case on a site-by-
had been approved in Foothill site basis.
Village. Mr. Johnson said he
understood that if Goodyear was Councilmember Horrocks asked
successful in locating at 500 East what would happen if an owner
and 400 South then they wouldn't couldn't afford to remove the
locate in Foothill . He said the tanks and declared bankruptcy.
Board of Adjustment approved the Mr. Johnson said the problem would
Foothill location based on the rest with whoever had the title to
recent legal opinion but the the property. Mr. Horrocks asked
Goodyear marketing section didn' t about a case where the title to
think the Foothill location would the land was free and clear. Mr.
be advantageous since they Johnson thought in this case the
couldn' t advertise as extensively property would belong to the
as they usually do. county. Roger Cutler, city
attorney, said that banks may
89-263
PROCEEDINGS LW THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, SEPTEMBER 12, 1989
refuse to foreclose on property caused problems with traffic con-
and the county may be unable to gestion and she was concerned
take property over through tax about the traffic because of the
sales, which would create a situa- small children in the neighbor-
tion of property belonging to no hood.
one because of the environmental
and liability problems. Stan Penfold, 715 2nd Avenue,
chair of the Salt Lake Area of
Mr. Johnson said that most of Community Councils, said the
the existing service stations were executive committee of SLACC
nonconforming because of the supported this change and looked
building design and not the use. forward to working with the plan-
He said this current issue would ning department on rewriting the
not create another class of non- B-3 zone.
conforming uses and said the
present uses became nonconforming Mr. Johnson said that about
when the city made the B-3 zone four years the zoning ordinance
more sensitive to the neighborhood permitted, as a conditional use in
environment. the C-1 and B-3 zones, the conver-
sion of a service station into a
The following people spoke: "light" repair garage. He said
that experiences with about six
Rosalee Norwood, 353 East 900 sites convinced the Planning
South, said she didn't want to see Commission that this was not in
any more service stations in the the community' s best interest and
B-3 zone. She said the goal of so the ordinance was repealed
the Central City Master Plan was about two and a half years ago.
to make the area inviting so He said they had not been granting
people would want to live there. conditional uses for light repair
She said the city had added three shops in the B-3 zone although
neighborhood parks in order to this was still allowed in the C-1
make the area more neighborly and zone.
allowing repair shops would defeat
the purpose. Councilmember Fonnesbeck
asked why they were not more
She referred to a shop locat- careful about enforcing the Blair
ed on the corner of Blair Street Street site. Mr. Johnson said
and 9th South which was a small the city' s philosophy had been to
gas station when she first moved enforce the zoning ordinances if
into the area. She said new there was a complaint. Council-
owners took over the property in member Fonnesbeck asked if they
1981 and obtained a conditional could assume that Mrs. Norwood was
use permit which allowed for making a complaint and Mr.
repairs of cars and light trucks. Johnson said he would refer this
She said one of the conditions was situation to the enforcement
that no more than one automobile staff. He said the owners of this
was permitted to remain on the site received permission from the
premises outside of the building Board of Adjustment to add to
but today she counted 21 cars. their building, which would facil-
She said she also understood that itate their operations and they
now this location had been granted would be required to remove some
another variance to add 576 square hard surfacing and install grass.
feet to their nonconforming build- (0 89-35)
ing. She said this situation
89-264
PROCEEDINGS u1 THE CITY COUNCIL OF SALT ,,AKE CITY, UTAH
TUESDAY, SEPTEMBER 12, 1989
#2. RE: A public hearing at The meeting adjourned at 6: 50
6: 30 p.m. to obtain comment con- p.m.
cerning, and consider adopting, an
ordinance regarding closing "old
700 North" between John Glenn and
Eddie Rickenbacker Road within the COUNCIL CHAIR
Salt Lake International Center
pursuant to Petition No. 400-741-
89 .
ACTION: Councilmember God- CITY RECORDER
frey moved and Councilmember Hor-
rocks seconded to close the
public hearing, which motion
carried, all members voted aye
except Councilmember Hardman who
abstained from voting.
Councilmember Godfrey moved
and Councilmember Kirk seconded
to adopt Ordinance 61 of 1989,
which motion carried, all members
voted aye except Councilmember
Hardman who abstained from voting.
DISCUSSION: Councilmember
Hardman said that since his em-
ployer was doing business with one
of the companies involved in this
issue he would abstain from the
discussion. He then left the
dais.
Bruce Eggleston, planning
and zoning, showed a map and
outlined the "old 700 North"
prescriptive use right of way
which transversed Plat 16 in the
International Center. He said the
petitioner and land owner, Zions
Bank, requested that this pre-
scriptive use be closed and the
staff recommended closure based on
the fact that any need had been
supplanted by improved highways
to the south, east and west of
this right of way. He also said
the Planning Commission approved
the proposal and recommended
closure.
No one from the audience
spoke.
(P 89-308)
89-265
1.71
DATE EVENT LOCATION RSVP
9/20 Soviet. Union Medical University Park Hotel Z no YES
Officials Reception # �� �; f NO
9/21 Gov's Breakfast Salute Little America Hotel 9/15 YES fb,wh
to UP & L NO rk
9/22 STAFF RETREAT. . .—OFFICE CLOSED
9/23 Coalition for Utah's Airport Hilton $15 YES
Future/Child Care NO rk
Action Forum
9/26 Lt. Gov's Breakfast Marriott YES fb,wh
re: 1989 Utah Ski Ball NO
9/27 Delta Airlines Grand 3823 W 1200 N YES fb,rk,
Opening wh
NO
11/11 Veteran's Day Parade YES
Council invited to reviewing stand and,;, NO
participate if desired
11/25 NLCT Nat'l Conference YES ws,ah
fb,w
NO rk
12/6 Clark Financial Xmas Party SL Country Club YES
NO
9/19 jhn
LC J U;1I1 Q-- d iU
Utah Public Employees' Association
UPEA 1000 W. Bellwood Lane • Murray, Utah 84123-4494
(801) 264-8732 • (800) 821-8135
September 14 , 1989
Salt Lake City Council
Willie Stoler
324 South State, *300
Salt Lake City, Utah 84111
Dear Mr . Stoler :
The Utah Public Employees ' Association Is pleased to have the
opportunity to host three Soviet Union Medical Officials on
September 20 , 1989 , as they come to Utah to share their expertise
on emergency medical medicine. In honor of their visit we have
arranged for a reception that evening at the University Park
Hotel from 7 : 30 p .m . to 9 : 00 p .m . You and your partner are
cordially Invited to attend . These gentlemen WIll be In Salt
Lake for a brief visit and we want to extend a warm welcome to
them .
Please plan to Join us . Refreshments will be served .
sly ,
Rhett F . Potter
Executive Director
RFP/akp
c.i4Ve!* !oil)
is c JaiZ(
sA`-�
UnA_zd Veteran's Coun '1 -
SALT LAKE CITY & COUNTY
Veterans of Foreign Wars The American Legion:
Military Order Purple Heart U.S.A. Royal Canadian Legion
Voiture N230 et 40-8 Pearl Harbor Survivors
145th Field Artillery W.W.I Ex-Prisoners of War
World War I Vets. Utah N.G.Vets.W.W.II&U.S.Wars
Disabled American Veterans POW&MIA
14 September 1989
TO : Honorable Palmer De Paul i s Mayor RECEI"r'
Salt Lake City , Utah
Salt Lake City , Hall SEP 1 b 1989
324 South State Street
Salt Lake City, Utah 84111 MAYOR'S ()Mrs_
Dear Sir :
This letter is written for a request for the November 11 , 1989
Veterans Day Parade at Salt Lake City , Utah .
We would like the same Parade route as last year from the
Brigham Young Monument at South Temple and Main Street to 3rd
South and Main Street then West to Pioneer Park and disband .
We will also want to fire the 57 MM. Gun with the ten gage blanks
three times as the Parade starts in Memory of our dead .
Also while I am asking for the parade permit we would like to
ask the Salt Lake City, Council for our $600 . 00 dollars Veterans
Grave Marker Flag Honorium for Memorial Day 1990.
And to invite the council members to come and: review the Parade
in the reviewing stand that we would like place in front of the
Utah Theater on Mains Street . Or if the Mayor or his Council
members would like come take part in the Parade .
Yours In Justice. Freedom & Patriotism ,
RO ERT V . CROSSLEY Adjutant
United Veterans Council
Salt Lake City & County
5403 Avalon Drive
Murray , Utah 84107
•
OFFICE OF THE 'CITY COUNCIL
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, SUITE 304
SALT LAKE CITY, UTAH 84111
535-7600
MEMORANDUM
To: Alan Hardman Date: September 19, 1989
From: Cam Caldwell Subject: CIP Budget
You had asked Cindy about the CIP budget and the transfer of $3. 366 million to
the Debt Service Fund. This money is equal to about 23% of the total CIP
budget for the year. THe total CIP budget is $14, 581, 285.
Of the $3. 366 total, $2.727 million comes from the General Fund. The total
General Fund portion of the CIP budget is $4. 98 million. After transferring
the money in the CIP for the payment of the City/County Building to the Debt
Service Fund, there will be $2. 253 million left in the General Fund portion of
the CIP budget to fund other City projects.
A copy of the CIP budget, showing all expenditures is found on Page 62 of the
1989-90 budget. I have attached a xerox of that page.
Please see me if you have additional questions.
-1-
1ti1
CAPITAL IMPROVEMENT BUL_..f
NON-ENTERPRISE FUND
DETAIL PROJECT SCHEDULE
1989-90 BUDGET
FED_,STATE
GENERAL & COUNTY PROPERTY
TOTAL FUND CDBG SOURCES OU:NERS OTHER
STREET IMPROVEMENTS
Sidewalk SID 210,000 105,000 105,000
Local Streets SID 990,000 490,000 500,000
400 South to 500 South 1,000,000 1,000,000
California Avenue SID 1,250,000 250,000 1,000,000
Cent'l Bus. Dist. Beautification 1,620,000 810,000 810,000
Traffic Safety Management (TSM) 60,000 60,000
Street Light Replacement Fund 135,000 135,000
100% Sidewalk Replacement 200.000 200,000
Argyle/Edmonds 85,000 85,000
Euclid Street 60,000 60,000
500 South-700/900 East 480.000 480,000
Median Island Design 25,000 25,000
Central City Streets 5.000 5,000
East Central Streets 8,000 8,000
Sugarhouse Streets 35.000 35,000
Future Street Redesign 15,000 15,000
Sub-total 6,178,000 790,000 913,000 1,250,000 2,415,000 810,000
DRAINAGE IMPROVEMENTS
State Street 425.000 425,000
Main Street 395,000 395.000
South Temple-'M'/'O' Streets 250,000 250.000
500 4est-200/530 North 9,000 9,000
• 1 Sub-total 1,079,000 0 259,000 0 0 820,000
PARKS AND PUBLIC FACILITIES
Canterbury Apartments 60,000 60.000
City and County Building 3,366,500 2,726.865 639,635
Miscellaneous Facilities Repair 150,000 150,000
Earthquake Hazard Improvements 100,000 100,000
Sunnyside Recreation Center 1,850,000 0 1,850,000
Tracy Aviary 150,000 150,000
Fire Station ){10 Construction 305,000 305,000
Park Facilities Fund 143,500 143,500
Jordan Park Irrigation/Walkways 95,000 95,000
Athletic Park Phase II 50,000 50,000
Poplar Grove Park Irrigation 73,000 73,000
Fairmont Park Improvement 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
Sub-total 6,475,000 3,431,865 350,000 639,635 0 2,053,500
PERCENT FOR ART 16,400 8,250 2,150 6,000
CONTINGENCY 832,885 749,885 83,000
Grand Total $14,581,285 $4,980,000 $1,607,150 $1,889,635 $2,415,000 $3,689,500
62
1
- sy,
,.
,',^ '`4 .
SAt
a' ` -. _ 3Y , •. �O r e� a GTY�GORP ' INf,
CRAIG E. PETERSON
DIRECTOR
COMMUNITY AND ECONOMIC DEVELOPMENT
451 SOUTH STATE STREET, ROOM 218
SALT LAKE CITY, UTAH 84111
TELEPHONE 535-7777
To: Salt Lake City Council September 8, 1989
Re: Petition No. 400-761 submitted by Sinclair/Little America by R.E.
Holding
Recommendation: That the City Council schedule a public hearing on October
10, 1989 at 6:30 p.m. to discuss Petition No. 400-761 submitted by
Sinclair/Little America. The petitioner is requesting that Salt Lake
City Corporation close Walker Place, Carson Street in Block 40 and Eardley
Avenue in Block 21, Salt Lake City Survey.
Availability of Funds: Not applicable.
Discussion and Background: This petition is currently in the system and
the necessary paperwork is not available. Due to the time constraints
being faced by Sinclair/Little America we are requesting that the public
hearing date be scheduled without the paperwork being attached. The
paperwork will be in your packet before the October 10 hearing date. I
will be meeting with each Council Member to discuss this project. Thank
you for your help in this matter.
bmitted by:
M CHAEL~B.. Z 1
Acting Direc►or
Community and Economic Development
lf/
LEROY W. HOOTON, JR.
DIRECTOR
WENDELL E. ENDEN O P.E. �� 1 r l GAY Mann
SUPERINTENDENT
WATER SUPPLY&WATERWORKS
E. TIM DOXEY
SUPERINTENDENT DEPARTMENT OF PUBLIC UTILITIES
WATER RECLAMATION WATER SUPPLY &WATERWORKS PALMER DEPAULIS
JAMES M. LEWIS, C.P.A. WATER RECLAMATION MAYOR
CHIEF FINANCE&
ACCOUNTING OFFICER 1530 SOUTH WEST TEMPLE
GEORGE JORGENSEN, RE. SALT LAKE CITY UTAH 84115
CHIEF ENGINEER
August 28, 1989
Mayor Palmer A. DePaulis
Room 306, City & County Building
Salt Lake City, Utah 84111
Dear Mayor DePaulis:
Attached is an interlocal agreement between Salt Lake City Corporation
and Salt Lake County for the installation of Watermain Extension 33-C-
1314 located at approximately Warr Road, Wasatch Blvd to 3616 East and
Cascade Way, 2900 South to 2945 South.
I recommend that the agreement be executed in behalf of Salt Lake City
by the Mayor and City Recorder.
I further recommend that five copies of the agreement be returned to
this office for further processing.
Sincerely,
iitO
LEROY .V HOOTON JAR.
Director
/srb
Attachments
File
S-11
RESOLUTION NO. OF 1989
AUTHORIZING THE EXECUTION OF AN
INTERLOCAL COOPERATION AGREEMENT
BETWEEN SALT LAKE CITY CORPORATION
AND
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 Easement Agreement with the County for a water
supply pipeline in Warr Road, from Wasatch Boulevard
to 3616 East, and Cascade Way from 2900 South to 2945
South.
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 - `1 —
RLM:rc
EASEMENT FOR PIPELINES
THIS AGREEMENT, made and entered into this day of
August , 19 89 , by and between the SALT LAKE COUNTY, a body of
corporate and politic of the State of Utah, hereinafter referred to as
"COUNTY, " and Salt Lake City Corporation Dept tf Ptah]it Liti 1 i t i aq
hereinafter called "GRANTEE. "
WITNESSET H:
WHEREAS, the Grantee is desirous of obtaining from the County an
easement to construct, and thereafter maintain and operate pipelines within
the right-of-way limits of COUNTY roads and highways within the COUNTY and
immediately adjacent thereto for the purpose of water Supply
; and
WHEREAS, the COUNTY is willing to grant said easement under the
terms and conditions herein set forth,
NOW, THEREFORE, it is agreed by and -between the parties hereto as
follows:
1. LOCATION OF PIPELINES. (Address) Warr Road, Wasatch Blvd to
3616 East and Cascade way, 2900 South to 2945 South
Length of Cut (Feet) 1,275 feet
Cod mgdmix, Owner, Corp. , Co. , etc. Address Dept of Puhl it TTti 1 itiPs
1 53(l Snitth West Temple, Salt Take City, Utah 8411
The pipelines to be installed, the diameter of which shall not
exceed forty-two (42) inches shall consist of 6-inch Ductile Iron
pipe, satisfactory to the COUNTY in all respects.
The location of the pipelines within the roads and highways, on one or both
sides shall be as near the right-of-way lines as practicable in accordance
with the plans, specifications and maps prepared by Dept of Public Utilities
Engineers and on file in the offices of the
parties hereto.
The foregoing description of pipeline location is subject to such
changes or variations therefrom as may be required or approved by the County
Public Works Department at the time of construction. Following completion
of construction the foregoing numbered detail sheets will be furnished
showing distance from right-of-way line to pipeline center lines on all roads
and highways where said pipelines are installed.
2 . APPROVAL OF CONSTRUCTION.
The excavation of trench for said pipelines shall not be commenced
by the GRANTEE until and after notice has been given by the GRANTEE, to said
County Public Works Department. Construction shall be carried forward to
completion in the manner required by said Department.
3 . PROTECTION OF TRAFFIC DURING CONSTRUCTION.
The GRANTEE shall so conduct its construction operation that there
shall be a minimum of interference with or interruption of highway traffic.
The GRANTEE shall conform to such instruction of said Department as may be
given with respect to handling of traffic, and shall at all times maintain
such watchmen, barricades, lights or other measures for the protection of
traffic as may be required to warn and safeguard the public against injury
or damage during the operations of the GRANTEE in constructing said
pipelines.
4 . COMPACTION OF BACKFILL.
The backfill of any trench within the paved portion of the highway,
the shoulders thereof, or the portion under or intersecting street or highway
shall be thoroughly compacted. Method of compaction shall be as directed by
2
the COUNTY. The GRANTEE shall be liable for any damage which may result to
the pavement due to failure to properly compact the backfill.
5. RESTORATION OF EXISTING PAVEMENT.
The GRANTEE shall replace, at its expense, any pavement removed or
damaged with the same type and depth of pavement as that which is adjoining,
including the gravel base material. This pavement shall be constructed in
conformity with the standard specifications and shall be subject to the
inspection and approval of the Public Works Department of the COUNTY. 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 unsuitable
materials, such entire surfacing shall be removed and replaced with a new
gravel surfacing material. No cleated or metal crawler type equipment shall
be permitted to operate on any COUNTY hard surfaced street. The repairs to
pavement or surface shall include pavements which might have been damaged
with construction equipment. The COUNTY shall have the option of restoring
said roadbed to its original condition in every part of said highway at the
expense of the GRANTEE.
6. 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.
7. MAINTENANCE OF PIPELINES BY GRANTEE
The said pipelines and their attached appurtenances, excluding fire hydrants
3
and the connecting system thereof, shall at all times be maintained,
_epaired, reviewed and operated by and at the expense of the GRANTEE in such
a manner as shall most suitably protect the highway and the traffic thereon,
and shall be subject to the approval of the COUNTY. In the event emergency
repairs of reconstruction of said pipelines or appurtenances are required as
determined by COUNTY, and after notice in writing requiring GRANTEE to
perform said repairs or reconstruction within a reasonable time, and upon a
failure of GRANTEE to complete said repairs or reconstruction, the COUNTY
reserves the right to make such emergency repairs to said pipelines as it may
consider necessary and the GRANTEE hereby agrees to reimburse the COUNTY for
the cost of such emergency reconstruction or repairs.
8. RECONSTRUCTION OF HIGHWAY.
In the event that any of said highways or portion thereof is so
reconstructed at any future date as to location, grade or width so as to
require the relocation of the waterline or lines thereon, or adjustment of
manholes or other facility thereof, including service connections (except for
any fire hydrants, including the connecting system thereof) , the Grantee
shall assume and pay all costs incident to relocationof the pipeline or
adjustment of manholes or other facilities thereof including service
connections.
9. CROSSING OF PIPELINE 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 County shall have the
right to cross said pipelines at any point necessary in the future
construction and expansion of the COUNTY highway system, provided that the
COUNTY shall use due care and diligence in the protection of said pipelines
in making such crossings.
4
10. LIABILITY.
Any supervision or control exercised by the COUNTY, or on its
behalf, shall in no way relieve the GRANTEE of any duty or responsibility to
the general public, nor relieve said GRANTEE from any liability for loss,
damage, or injury to persons or property sustained by reason of the
installation, maintenance, repair or removal of the pipelines and its
appurtenances, nor of said GRANTEE's LIABILITY for damage to the highway, and
the GRANTEE shall protect and indemnify and save harmless the COUNTY from any
and all damages, claims or injuries that may occur by reason of the
construction, maintenance, repair or removal of said pipelines by the GRANTEE
provided. This agreement shall not constitute an admission of any liability
as to any third party or give to any third party any greater or further right
of cause of action. It is understood and agreed that neither the COUNTY nor
the GRANTEE by entering into this agreement acknowledge any liability for any
acts of negligence, whether of omission or commission, of any of its agents,
servants or employees.
11. AGREEMENT NOT TO BE ASSIGNED.
The Grantee shall not assign this agreement or any interest therein
without the written consent of the COUNTY.
12 . SUCCESSORS AND ASSIGNS.
All covenants and agreements herein contained shall be binding upon
the parties hereto, their successors and assigns.
13 . SUBJECT TO.
This easement is subject to the right of the COUNTY at all times
as the COUNTY deems necessary to construct roads, public buildings,
sidewalks, parks or to carry out any other COUNTY purpose over the area
covered by this easement, and when the GRANTEE ' s lines, structures and
appurtenances or any of them interfere with any COUNTY purpose, the GRANTEE
5
will remove such lines, structures or appurtenances within a reasonable time
:.ter notice to do so by the GRANTOR and at the expense of the GRANTEE.
IN WITNESS WHEREOF, the COUNTY and the GRANTEE have caused these
presents to be signed by their proper officials thereunto duly authorized as
of the day and year first above written.
SALT LAKE COUNTY
By:
D. MICHAEL STEWART, Chairman
Board of County Commissioners
ATTEST:
H. DIXON HINDLEY
Salt Lake County Clerk
GRANTEE: SALT LAKE CITY CORPORATION
A1'1'LST:
City Recorder MAYOR
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE)
The foregoing instrument was acknowledged before me this
day of , 1989, by , who is the
of
NOTARY PUBLIC, residing in
Salt Lake County, State of Utah
(SEAL)
My Commission Expires:
6
STATE OF UTAH )
County of Salt Lake )
On , personally appeared before me
PAMER A. DePAULIS and KATHRYN MARHSALL, who being by me duly
sworn, did say that they are the MAYOR and CITY RECORDER,
respectively, of SALT LAKE CITY CORPORATION, and said persons
acknowledged to me that said corporation executed the same.
NOTARY PUBLIC, residing in Salt
Lake County, Utah
My Commission Expires:
sAR!' el our WORPrO. yI ; N[
JOSEPH R. ANDERSON DUANE E. FULLER
PUBLIC WORKS DIRECTOR DEPARTMENT OF PUBLIC WORKS SUPERINTENDENT
Street Maintenance Division CRAIG POSSELLI
850 SOUTH 300 WEST PARVIZ ROKHVA
SALT LAKE CITY, UTAH 84101 GREG RICHARDS
(801) 535-6999 ASSISTANT SUPERINTENDENTS
TO: Salt Lake City Council
REFERENCE: Resolution to execute a cooperative effort between the
State of Utah and Salt Lake City Corporation for street
sweeping.
RECOMMENDATION: That the City Council approve the enclosed agreement as
to form and authorize Mayor Palmer A. DePaulis to
execute the Cooperative Agreement with the Utah State
Department of Transportation.
DISCUSSION: The Utah State Department of Transportation has
requested that Salt Lake City Corporation accomplish
street sweeping on their highways located within the
incorporated limits of Salt Lake City.
This particular agreement excludes sweepings if the
Utah State Department of Transportation has recently
seal coated, resurfaced or a major spill from a truck
has occurred. If a major spill has occurred it will be
the Utah State Department of Transportation's
responsibility to either request assistance from Salt
Lake City or accomplish the cleanup situation
themselves.
The street seeping on Utah State highways will be
required twice a year; once in early Spring and once in
late Fall.
Seeping will be accomplished by the Salt Lake City
Street Maintenance Department at the rate of $39.04 per
curb or island mile. The agreement will be from July
1, 1989 to June 30, 1990 and the estimated total cost
is $8,000. All work will be approved and inspected by
Utah State Department of Transportation upon
completion.
CONTACT PERSON: Craig Posselli
SUBMITTED BY: Joseph R. Anderson, Public Works Director
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:
An agreement with UDOT whereby the City agrees to
sweep certain streets for which it will be paid by
UDOT.
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 ;5}t Laka
�, 5c
Date)
M-89-27
COOPERATIVE AGREEMENT
We, the duly authorized officers of the UTAH DEPARTMENT OF TRANSPORTATION,
hereby approve the following work to be done by the SALT LAKE CITY CORPORATION
for which we agree to pay upon presentation of invoice for said work as follows:
(Description of Work)
Street sweeping of all areas of Utah Department of Transportation
responsibility of highways as shown on attached sheet and within
the incorporated limits of Salt Lake City, but excluding sweeping
following Utah Department of Transportation resurfacing, seal coating,
and major spillages from trucks loosing their loads . The sweeping
will be required a minimum of twice, once in early Spring and again in
late Fall . Sweeping will be done by Salt Lake City Street Department
at the rate of $39.04 per curb mile or island mile.
SALT LAKE CITY CORPORATION assumes all responsibility and/or liability of
claims arising from work performed and agrees to furnish and maintain their own
equipment and operators.
Upon completion SALT LAKE CITY STREET DEPARTMENT will notify the UTAH
DEPARTMENT OF TRANSPORTATION's District Two Maintenance Office for inspection
and approval of work.
Invoice is to be submitted upon completion of said sweeping, but not later than
June 30th of each year.
This Agreement is for a period from July 1 , 1989 to June 30, 1990, at which
time it can be renewed if both parties agree.
Approximate Total Cost: $8,000.00
SALT LAKE CITY CORPORATION C
Recommended by:./ )
By: District Direct()' 6/Y
Mayor
ATTEST: APPROVED:
UTAH DEPARTMENT OF TRANSPORTATION
City Recorder
By:
Director of Transportation
APPROVED AS TO FORM:
ATTEST:
R. Paul Van Dam, Attorney General
By:
By: Secretary date
Title: APPROVED: FINANCE COMMISSION
By:
Budget Officer
By:
026OR Director of Finance
M-89-27
UTAH DEPARTMENT OF TRANSPORTATION
STREET CLEAN-UP
CURB/GUTTER ISLANDS
S.R. NO. NORTH-SOUTH STREETS MILES MILES
186 - 89 300 West - from 400 South to
2100 North Beck Street 7 .8 7.8
270 West Temple - 900 South to 400 South 1 .6 0.2
184 - 89 State Street and perimeter at Capitol - 9.8 6.0
500 North to 2100 South
71 700 East - 400 South to 2800 South 7 .2 7 .2
181 1300 East - 500 South to 3000 South 7.4 2 .6
186 Foothill Drive - 500 South & 1300 East
to I-80 8.4 7 .8
EAST-WEST STREETS
89 - 186 North Temple - State Street to 1700 West 4.0 1 .8
186 400 & 500 South - 300 West to 1300 East 5.0 5 .0
269 500 South - I-15 to State Street 1 .0
269 600 South - I-15 to State Street 1 .0
201 2100 South - I-15 to State Street 1 .8 1 .4
268 600 North - 300 West to 800 West 1 .4 1 .4
TOTALS 56.4 41 .2
0260R/2
F-4-1,
1 7','-
State o � Utah
,, '°I UTAH DEPARTMENT OF TRANSPORTATION
Samuel J.Taylor
Norman H.Bangerter Chairman
Governor Wayne S.Winters
Eugene H.Findlay,C.P.A. Vice Chairman
Executive Director ,j 2060 South 2400 West R.Lavaun Cox
Howard H.Richardson,P.E. ! Salt Lake City.Utah 84104 Todd G.Weston
Assistant Director i (801)973-4506
James G.Larkin
Gene Sturzenegger,P.E. Elva H.Anderson
District Director
Secretary
July 21 , 1989
Ms. Jackie Faddis
Office of the Mayor RECEIVrr
Salt Lake City Corporation
324 South State Street - Suite 500 AUG 01 1989
Salt Lake City, Utah 84111
MAYOR'fi fFF;;;r
Dear Jackie:
I am enclosing six (6) copies of a Cooperative Agreement between
the Utah Department of Transportation and Salt Lake City
Corporation for work (street sweeping) to be done by Salt Lake
City Corporation as outlined in the attachment to the Cooperative
Agreement.
I would appreciate you obtaining the necessary signatures from
Salt Lake City Corporation and returning five (5) copies to my
attention. After I get the rest of the signatures , I will return
a completed copy for your files.
If you have any questions, please feel free to contact me.
Sincere ,
' ; 4----' \T"\)\__7__ )
Rita Ryan
Main enance Secretary
0541
cc : Joseph C. McBride
Bob Charlesworth
Gloria Hunt
an equal opportunity employer
1-4
SALT' \ a.' GITY�0CPR� �.►° . ►Lp j ,,
/\ ..��r � � �.
C (ice 1•
VIV_
TELEPHONE(801)799-3000 315 EAST 200 SOUTH MIKE CHABRIES
FAX(801)799-3557 SALT LAKE CITY, UTAH 84111 CHIEF OF POLICE
August 18 , 1989
Honorable Palmer A. DePaulis
Mayor of Salt Lake City
City & County Building
Salt Lake City, UT 84111
Dear Mayor DePaulis:
- I would like to request that the enclosed contract
between the Salt Lake City District Board of Education and the
Police Department be processed.
This contract will provide for the services of one
full-time police officer each assigned to the Northwest
Intermediate School and the Glendale Intermediate School during
the school year, beginning with 1989-1990 and continuing each
year until terminated by either party. The Board of Education
will reimburse the city $12,000 for each officer for the 1989-
1990 school year. Beginning with the 1990-1991 school year the
reimbursement will be one-half of the gross salary, including
taxes and fringe benefits. These officers will be existing
personnel of the Police Department .
Your assistance in this matter would be appreciated.
Sinc rely,
j77
G. ED JOHN N, LT. COLONEL
Administration
/cah
Enclosure
315 EAST 200 SOUTH _
TELEPHONE(801)799-3000 .�r+�,'- MIKE CHABRIES
FAX(801)799-3557 SALT LAKE CITY, UTAH 84111 CHIEF OF POLICE
P 1969
MAYOR'S C1f-I-Wil
To: Emily Charles September 5 , 1989
From: Jerry Burton, Police Department
RE: Attached packet for council review
We have been requested by Cindy of the Council staff to
send this packet of information to you for the necessary
processing for council review.
Included is the cover letter to the mayor, copies of the
agreements and a letter from the attorney ' s office.
Your help in this matter is appreciated .
ROGER F. CUTLER ASSISTANT ATTORNEYS
CITY ATTORNEY S,.�.�I,_,1)k j NIT Gj�, _1 MIME RAY
L. MNTGOM
GRE A. HAWK E Y
STEVEN W. ALLRED
DEPUTY CITY ATTORNEY LAW DEPARTMENT LARRY V. SPENDLOVE
BRUCE R. BAIRD
CHERYL D. LUKE CITY AND COUNTY BUILDING FRANK M. NAKAMURA
CITY PROSECUTOR 451 SOUTH STATE STREET, SUITE 505 ASSISTANT PROSECUTORS
CECELIA M. ESPENOZA
SALT LAKE CITY, UTAH 84111 RICHARD G. HAMP
TELEPHONE (801) 535-7788 GLEN A. COOK
FAX (801) 535-7640 CARLOS ESQUEDA
August 25, 1989
TO: Jerry Burton
Police Department
FROM: Frank M. Nakamur '�_
Assistant City ttorney
RE: Contract with Board of Education of Salt Lake City
The contract between Salt Lake City and the Salt Lake
City District Board of Education requires a Resolution by
the City Council approving the interlocal agreement. I am
attaching a copy of the Resolution. Therefore, before the
agreement is finalized, the Resolution must be passed.
Thank you.
FMN:cc
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:
S`O FORM
a,,ke City Attorney's Office
Gete -29- 4YY
CITY RECORDER ` y
FMN:cc
CO . TRACTT ROUTING FORM
REQUESTING DEPARTMENT/DIVISION DATE
SLC POLICE DEPARTMENT / ADMINISTRATION 08/18/89
DEPARTMENTAL CONTACT PHONE
JERRY BURTON, BUDGET OFFICE 799-3824
NAME OF CONTRACTING PARTY REF #
SLC DISTRICT BOARD OF EDUCATION
SUBJECT
SCHOOL RESOURCE OFFICERS - (1) NORTHEST INTERMEDIATE, (1) GLENDALE INTERMEDIATE
Yes No
Number of Copies 4 Insurance Required X
Expected Completion Insurance Attached
RECORDER
FINANCE
Contract No. ��2 - 9f 0/OCR
Vendor No.
Account No. 1) -- 66)(N7 /f% '7 5 lT
AUG 217989
FINANCE DIVISION
Funds Available
Funds Not Neede &247
ATTORNEY I�
pSo
APPROVED AS TO FORM Ij RECEIVED
�
�� C"' CITY ATTORNEY'S OFFICE
Date -27- By Cov4I DATE F. .;
COPY DISTRIBUTION
Date To
AGREEMENT
THIS AGREEMENT made this day of 1989 , 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" .
WITNESSET H:
WHEREAS , Board and City have each determined that it would
be mutually advantageous for Board to avail itself of the ser-
vices of a full-time police officer for 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 the school year 1989-90 .
NOW, THEREFORE, in consideration of the premises and the
covenants 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 officer to be assigned to Northwest Intermediate
School and one 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 year
1989 and during subsequent school years until this Agreement is
terminated by either party upon presentation of thirty days '
written notice to the other. Upon such termination, the Board
- 2 -
shall pay the city for the 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.
5 . It is specifically understood that the ultimate juris-
diction and authority of said officer 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 func-
tions 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 year of 1989-90 . Beginning with school year
1990-91 the Board shall reimburse the City for 1/2 of the gross
salary of the officers , including all employer taxes and fringe
benefits. 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 here-
unto set their hands and seals the day and year first above
written.
- 3 -
SALT LAKE CITY CORPORATION
MAYOR
ATTEST:
Ey
CITY RECORDER
BOARD OF EDUCATION OF SALT LAKE
CITY, UTAH
ATTEST:
By
Clerk-Treasurer Title: President
STATE OF UTAH
: ss .
County of Salt Lake 1
On the day of , 1989 , personally appeared
before me PALMER 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 State 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 : Funds Av;:ifable
Dade 22 9
Encumbered 9g/o O
By
- 4 -
STATE OF UTAH
. ss .
County of Salt Lake )
On the day of , 1989 , 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 City
My Commission Expires :
l \
STAFF RECOMMENDATION
CANVASS OF PRIMARY ELECTION
SEPTEMBER 19, 1989
STAFF RECOMMENDATION BY: Cindy Gust-Jenson
ACTION REQUESTED BY COUNCIL: Convene as Board of Canvassers and authorize the
City Recorder to prepare abstract of the votes cast (tally) for the primary
election.
BACKGROUND INFORMATION: This is a technical legal requirement. The Council
and Mayor together make up the Board of Canvassers.
STAFF ANALYSIS: None.
RECOMMENDED ACTION: Convene, adopt motion, recess.
SUGGESTED MOTIONS:
1. I move we adjourn as the City Council. (Council Members vote)
2. I move we convene with the Mayor as the Board of Canvassers. (Council
Members and Mayor vote)
3. I move we authorize the City Recorder to prepare an abstract of the votes
cast in the primary election to be held October 3, 1989, for Council
Members of Districts 1, 3, 5, and 7. (Council Members and Mayor vote)
4. I move we recess as the Board of Canvassers until the abstract is
complete. (Council Members and Mayor vote)
5. I move we reconvene as the City Council. (Council Members vote)
ANTICIPATED OPPOSITION: None
RECEIVEr
SEP 11 1989
MR YOI '.0 OH ICL
S.:\ ' a T�Y.��� ,° e-IOI11
ADMINISTRATIVE SERVICES DEPARTMENT
City Recorder
KATHRYN MARSHALL 415 CITY AND COUNTY BUILDING PALMER DEPAULIS
CITY RECORDER 451 SOUTH STATE STREET MAYOR
SALT LAKE CITY, UTAH 84111
(801) 535-7671
September 11, 1989
To: The Mayor and Sal Lake City Council
From: Kathryn Marsha ity Recorder
Re: Canvass of Primary E1 ction
RECOMMENDATION: That the Mayor and City Council convene as the
Board of Canvassers on September 19, 1989 at 6:00 p.m. at their
regular meeting place to adopt a motion authorizing the City
Recorder to prepare an abstract of the votes cast in the primary
election to be held October 3, 1989, for Councilmembers of Dis-
tricts 1, 3, 5, and 7, and recess the Board until the abstract is
complete.
DISCUSSION: Pursuant to State Statute 20-5-60, the canvass of
the election returns for 1989 must be scheduled within seven days
of the election. That statute also provides that the Mayor and
City Council will assist the City Recorder as the Board of Can-
vassers and that the returns of the election will be opened in
the presence of the Board of Canvassers.
In the past, the Mayor and Council have convened as the Board of
Canvassers and recessed until such time as the Recorder has
prepared abstracts of the votes cast for each office. The Mayor
and Council will then reconvene to determine that the statement
prepared from the abstract of votes is correct and sign a certi-
fication which will determine which candidates received the
greatest number of votes and, therefore, are nominated.
Chapman and Cutler
r Draft of 09/14/89
r -f
Salt Lake City, Utah
September 19, 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 September 19,
1989 at the hour of 6:00 o'clock P.M., at the regular meeting place of the Municipal Council
in Room 315 in the City and County Building, 451 South State Street, in Salt Lake City,
Utah.
The meeting was duly called to order by Councilmember who
was conducting, with the following members being present, constituting a quorum of the
Municipal Council:
W. M. (Willie) Stoler Chair
Alan G. Hardman Vice Chair
Florence Bittner Councilmember
Thomas M. Godfrey Councilmember
Sydney R. Fonnesbeck Councilmember
L. Wayne Horrocks Councilmember
Roselyn Kirk Councilmember
Absent: None.
There were also present:
Palmer A. DePaulis Mayor
Kathryn Marshall City Recorder
Roger F. Cutler City Attorney.
Series 1987 Weekly Adjustable/Fixed Rate
Airport Facilities Revenue Bonds,
(Delta Air Lines, Inc. Project)
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 September 19, 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, or to a local media corre-
spondent. 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
September 19, 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 315, City and County Building, 451 South State Street, in
Salt Lake City, Utah, on September , 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 September , 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 19th day
of September, 1989.
Kathryn Marshall
City Recorder
Salt Lake City,
[SEAL] Salt Lake County, Utah
-3-
EXHIBIT A
[Attach Copy of Meeting Notice]
A-1
Thereupon, after the conduct of other business not pertinent to the following,
the following resolution was introduced in written form by Councilmember
and, pursuant to motion duly made by Councilmember and seconded by
Councilmember , was adopted and approved by the following vote:
Aye: W. M. (Willie) Stoler
Alan G. Hardman
Florence Bittner
Thomas M. Godfrey
Sydney R. Fonnesbeck
L. Wayne Horrocks
Roselyn Kirk
Nay: None
Absent: None.
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 Chairperson 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. OF 1989
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF
A FIRST SUPPLEMENTAL TRUST INDENTURE BETWEEN THE CITY
AND ZIONS FIRST NATIONAL BANK, AS TRUSTEE, AND AN
ADDENDUM TO THE PURCHASE CONTRACT BETWEEN DELTA AIR
LINES, INC. AND SMITH BARNEY, HARRIS UPHAM do CO.
INCORPORATED, AND A REMARKETING MEMORANDUM IN
CONNECTION WITH THE REMARKETING AND CONVERSION TO A
FIXED INTEREST RATE OF THE $22,000,000, SALT LAKE CITY, SALT
LAKE COUNTY, UTAH WEEKLY ADJUSTABLE/FIXED RATE
AIRPORT FACILITIES REVENUE BONDS, SERIES 1987 (DELTA AIR
LINES, INC. PROJECT) AND OTHER DOCUMENTS REQUIRED IN
CONNECTION THEREWITH; AUTHORIZING THE TAKING OF ALL
OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND
RELATED MATTERS.
WHEREAS, Salt Lake City, Salt Lake County, Utah (the "City"), a municipal
corporation duly organized and existing as a political subdivision of the State of Utah, is
authorized by the Utah Industrial Facilities and Development Act, Title 11, Chapter 17 of
the Utah Code Annotated 1953, as amended (the "Act"), to issue revenue bonds for the
purpose of defraying the cost of any "project", as defined in Section 11-17-2(2) of the Act,
and to secure the payment of such revenue bonds as provided in the Act; and
WHEREAS, in order to stimulate economic growth of the State and the City, to
promote employment and achieve greater industrial development and to protect and
promote the health, welfare, and safety of the citizens of the State and the City, the City
has heretofore (1) issued its $22,000,000 Weekly Adjustable/Fixed Rate Airport Facilities
Revenue Bonds, Series 1987 (Delta Air Lines, Inc. Project) (the "Bonds") pursuant to a Trust
Indenture, dated as of June 1, 1987 (the "Indenture"), between the City and Zions First
National Bank, as Trustee (the "Trustee"); and (2) caused the proceeds of the sale of the
Bonds to be used to finance the costs of certain airport facilities at the Salt Lake City
International Airport and leased by the City to Delta Air Lines, Inc. (the "Company") under
the terms of an Exempt Facilities Lease Agreement, dated as of June 1, 1987, between the
City and the Company; and
WHEREAS, the Company has delivered its Option to Convert Notice, as defined
in, and pursuant to Section 2.2(b)2. of the Indenture and in connection with such conversion,
the Bonds are subject to mandatory tender for purchase by the owners thereof who do not
elect to retain such Bonds; and
WHEREAS, the Company has requested that the City execute and deliver a
First Supplemental Trust Indenture dated as of October 1, 1989 between the Issuer and the
Trustee (the "First Supplemental Indenture") to reflect-provisions including, but not limited
to the following:
-5-
(1) changing the periods during which the Bonds will be subject to
optional redemption on and after the Fixed Rate Conversion Date; and
(2) authorizing a modified form of Bond which reflects the
establishment of a Fixed Rate on the Bonds by deleting provisions in the form
of Bond which will not be applicable following the Fixed Rate Conversion Date;
WHEREAS, the Company has requested the City to execute an addendum to a
Purchase Contract between the Company and Smith Barney, Harris Upham & Co.,
Incorporated (the "Purchase Contract") and to authorize the use of a preliminary
Remarketing Memorandum and a final Remarketing Memorandum in connection with any
remarketing of the Bonds; and
WHEREAS, there have been presented to the Municipal Council at the meeting
at which this resolution is adopted the proposed forms of such agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF
SALT LAKE CITY, SALT LAKE COUNTY, UTAH, AS FOLLOWS:
SECTION 1. Execution of First Supplemental Indenture; Form of Bonds.
The First Supplemental Indenture, in substantially the form attached hereto as Annex A, is
hereby authorized and approved, and the Mayor is hereby authorized, empowered and
directed to execute and deliver the First Supplemental Indenture on behalf of the City, and
the City Recorder is hereby authorized, empowered and directed to attest such execution
and to countersign, and to affix the corporate seal of the City to the First Supplemental
Indenture, with such changes to the First Supplemental Indenture from the form attached
hereto as are approved by the Mayor, his execution thereof to constitute conclusive
evidence of such approval. The form of the Bonds contained in the First Supplemental
Indenture is hereby approved.
SECTION 2. Execution of Addendum to Purchase Agreement. The
addendum to the Purchase Contract, in substantially the form attached hereto as Annex B,
is hereby authorized and approved, and the Mayor is hereby authorized, empowered and
directed to execute and deliver, on behalf of the City, and the City Recorder is hereby
authorized, empowered and directed to attest such execution and to countersign, and to
affix the corporate seal of the City to the addendum to the Purchase Contract, all with
such changes therein from the form attached hereto as are approved by the Mayor, his
execution thereof to constitute conclusive evidence of such approval.
SECTION 3. Distribution of Remarketing Memorandum. Distribution of
the preliminary Remarketing Memorandum is hereby approved and the Mayor is hereby
authorized to execute a final Remarketing Memorandum, in substantially the form attached
hereto as Annex C, to be circulated in connection with the remarketing of the Bonds and to
be in substantially the form to be approved by the Mayor; provided, that this authorization
does not apply to the information with respect to the Company contained in the preliminary
Remarketing Memorandum or the final Remarketing Agreement, but nothing herein shall be
construed as prohibiting the inclusion of such information pursuant to authorization from
the Company.
-6-
SECTION 4. Related Actions Authorized. The officers and employees of
the City shall take all action necessary or reasonably required to carry out, give effect to,
and consummate the remarketing of the Bonds, including, without limitation, the execution
and delivery of any closing certificates, opinions and other documents required to be
delivered in connection therewith pursuant to the Purchase Contract or otherwise. If the
Mayor or the City Recorder shall be unavailable to execute such documents that they are
hereby authorized to execute, the same may be executed by any other member of the
Municipal Council or by any Deputy City Recorder, respectively.
SECTION 5. City Recorder to Record Resolution and First Supplemental
Indenture. A copy of this resolution and a copy of the First Supplemental Indenture,
following its execution and delivery, shall be recorded by the City Recorder in the records
of the City.
SECTION 6. Resolution Irrepealable. Following the execution and delivery
of the First Supplemental Indenture and subject to any supplements or amendments hereto,
this resolution shall be and remain irrepealable until the Series 1987 Bonds and the interest
thereon shall have been fully paid, canceled, and discharged.
SECTION 7. Severability. 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 such section, paragraph, clause, or provision shall not affect any of
the remaining provisions of this resolution.
SECTION 8. Effective Date. This resolution shall be effective im-
mediately upon its approval and adoption.
ADOPTED AND APPROVED by the Municipal Council of Salt Lake City, Salt
Lake County, Utah, this 19th day of September, 1989.
SALT LAKE CITY,
SALT LAKE COUNTY, UTAH
[SEAL] By
W.M. (Willie) Stoler
ATTEST: Chair of the Municipal
Council, Salt Lake City,
Salt Lake County, Utah
By
Kathryn Marshall
City Recorder, Salt Lake City,
Salt Lake County, Utah
-7-
APPROVED:
By
Palmer A. DePaulis
Mayor
APPROVED as to form:
By
Roger F. Cutler
City Attorney
-8-
(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. (Willie) Stoler
Chair
ATTEST:
Kathryn Marshall
City Recorder
[SEAL]
-9-
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 September 19, 1989, including a resolution adopted at
said meeting, as said minutes and resolution are officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and
impressed hereon the corporate seal of Salt Lake City, Salt Lake County, Utah, this 19th
day of September, 1989.
Kathryn Marshall
City Recorder
Salt Lake City, Salt Lake
County, Utah
[SEAL]
RJS/W RD/jgl/857334-pro
-10-
ANNEX A
[Insert Form of First Supplemental Trust Indenture]
-11-
Chapman and Cutler
Draft of 09/14/89
FIRST SUPPLEMENTAL TRUST INDENTURE
between
SALT LAKE CITY, SALT LAKE COUNTY, UTAH
and
ZIONS FIRST NATIONAL BANK
As Trustee
Dated as of October 1, 1989
FIRST SUPPLEMENTAL TRUST INDENTURE
FIRST SUPPLEMENTAL TRUST INDENTURE (the "First
Supplemental Indenture") dated as of October 1, 1989, between SALT
LAKE CITY, SALT LAKE COUNTY, UTAH (the "Issuer"), and ZIONS
FIRST NATIONAL BANK, Salt Lake City, Utah, as trustee (the
"Trustee")
WHEREAS, the Issuer is a municipal corporation duly organized and validly
existing as a political subdivision of the State of Utah and the Issuer is authorized by the
Utah Industrial Facilities and Development Act, Chapter 17, Title 11, Utah Code Annotated
1953, as amended, to issue revenue bonds for the purposes authorized by the Act; and
WHEREAS, the Issuer has heretofore issued its $22,000,000 Weekly
Adjustable/Fixed Rate Airport Facilities Revenue Bonds, Series 1987 (Delta Air Lines, Inc.
Project) (the "Series 1987 Bonds") pursuant to the Trust Indenture as of June 1, 1987 (the
"Indenture") between the Issuer and the Trustee; and
WHEREAS, Delta Air Lines, Inc. (the "Company") has delivered its Option to
Convert Notice (as defined in the Indenture) pursuant to Section 2.2(b)2. of the Indenture;
and
WHEREAS, pursuant to Section 2.2(b)2. of the Indenture, a new Fixed Rate
of % has been established by the Remarketing Agent; and
WHEREAS, it is necessary and desirable to amend the Indenture in connection
with the conversion of the interest rate borne by the Series 1987 Bonds to a Fixed Rate (1)
to provide for a new optional redemption schedule for the Series 1987 Bonds, and (2) to
provide for a simplified form of bond with respect to any Series 1987 Bond delivered on and
after October 4, 1989 (the "Fixed Rate Conversion Date") in exchange or replacement for
outstanding Series 1987 Bonds; and
WHEREAS, in satisfaction of the requirements of Article X of the Indenture,
the holders of all of the outstanding Series 1987 Bonds, the Bank (as defined in the
Indenture) and the Company have consented to the execution and delivery of this First
Supplemental Indenture; and
WHEREAS, all interest due and payable on the Series 1987 Bonds has been or
will be paid as of the Fixed Rate Conversion Date;
NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration the receipt of which is hereby acknowledged, it is hereby agreed as
follows:
Section 1. Amendment of Section 3.1(b) of the Indenture. The first paragraph
of Section 3.1(b) of the Indenture is hereby amended to read as follows:
(b) Subsequent to the Fixed Rate Conversion Date, the Series 1987 Bonds shall
be subject to optional redemption, as a whole at any time, or in part from time to time on
any Interest Payment Date on and after June 1, 1999, at a redemption price equal to one
hundred percent (100%) of the principal amount of each Series 1987 Bond to be redeemed
plus the accrued interest thereon to the redemption date plus a redemption premium
expressed as a percentage of the principal amount of Series 1987 Bonds redeemed, as set
forth in the table below:
Period During Which
Redeemed (Both Dates
Inclusive) Redemption Premium
June 1, 1999 through May 31, 2000 2%
June 1, 2000 through May 31, 2001 1%
June 1, 2001 and thereafter 0%
Section 2. Form of Series 1987 Bond. On and after the Fixed Rate Conversion
Date, each Series 1987 Bond delivered in exchange or as a replacement for another Series
1987 Bond (or portion thereof) in accordance with the provisions of the Indenture shall be in
substantially the form attached hereto as Exhibit A.
Section 3. Miscellaneous. (a) This First Supplemental Indenture may be
executed in several counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
(b) Except as amended and supplemented by this First Supplemental Indenture,
all of the provisions of the original Indenture shall remain in full force and effect.
(c) In executing and delivering this First Supplemental Indenture, the Trustee
shall be entitled to all of the privileges and immunities afforded to the Trustee under the
terms and provisions of the Indenture.
(d) All of the terms defined in the original Indenture shall have the same
meanings herein, except as otherwise provided herein or unless the context otherwise so
indicates, and, upon the execution and delivery of this First Supplemental Indenture, the
term "Indenture" shall include and incorporate this First Supplemental Indenture.
(e) If any provision of this First Supplemental Indenture shall be determined to
be unenforceable, that shall not affect any other provision of this First Supplemental
Indenture.
(f) The captions in this First Supplemental Indenture are for convenience only
and do not define or limit the scope or intent of any provisions or Sections of this First
Supplemental Indenture.
-2-
IN WITNESS WHEREOF, the Issuer and the Trustee have caused this First
Supplemental Indenture to be executed and sealed in their behalf by their duly authorized
representatives, and their corporate seals to be affixed and attested hereunto, all as of the
date first above written.
SALT LAKE CITY,
SALT LAKE COUNTY, UTAH
By:
Mayor
[SEAL]
ATTEST AND COUNTERSIGN:
By:
City Recorder
ZIONS FIRST NATIONAL BANK,
as Trustee
By:
Trust Officer
ATTEST:
By:
Trust Officer
-3-
EXHIBIT A
FORM OF SERIES 1987 BOND
UNITED STATES OF AMERICA
SALT LAKE CITY, SALT LAKE COUNTY, UTAH
WEEKLY ADJUSTABLE/FIXED RATE AIRPORT FACILITIES
REVENUE BOND, SERIES 1987 (DELTA AIR LINES, INC. PROJECT)
NUMBER AMOUNT
R- $
FIXED
INTEREST FIXED RATE
RATE: CONVERSION DATE: MATURITY DATE: CUSIP:
October 4, 1989 June 1, 2017 795576 BV 8
REGISTERED OWNER:
PRINCIPAL AMOUNT:
KNOW ALL MEN BY THESE PRESENTS that Salt Lake City, Salt Lake County,
Utah (the "Issuer"), a municipal corporation and a political subdivision of the State of Utah
(the "State"), hereby acknowledges itself obligated to, and promises to pay to the
Registered Owner (identified above), or registered assigns, but only out of the special funds
pledged for that purpose as hereinafter provided, and not otherwise, the Principal Amount
(identified above) on the Maturity Date (identified above) and to pay interest from the same
sources on the unpaid balance of such Principal Amount from the date hereof at the rate
per annum set forth above. This Bond has been converted to bear interest at the Fixed
Interest Rate from and after the Fixed Rate Conversion Date, each as identified above.
Following the Fixed Rate Conversion Date, the interest rate on the Bonds may not be
changed to a Weekly Rate.
Reference is hereby made to the further provisions of this Bond set forth on the
reverse hereof, which further provisions shall for all purposes have the same effect as if set
forth at this place.
THIS BOND IS A LIMITED OBLIGATION OF THE ISSUER. THIS BOND SHALL
NOT CONSTITUTE NOR GIVE RISE TO A GENERAL OBLIGATION OR LIABILITY OF THE
ISSUER OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWERS. THIS
BOND SHALL NOT CONSTITUTE THE DEBT OR INDEBTEDNESS OF THE ISSUER WITHIN
THE MEANING OF ANY PROVISION OR LIMITATION OF THE CONSTITUTION OR LAWS
OF THE STATE. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE
ISSUER, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF THIS BOND OR THE PREMIUM, IF ANY, OR
INTEREST THEREON OR OTHER COSTS INCIDENT THERETO.
-4-
This Bond shall not be valid or become obligatory for any purpose, or be
entitled to any security or benefit under the Indenture until the Certificate of
Authentication, hereon endorsed, shall have been executed by the Registrar and Paying
Agent. All acts, conditions and things required by the Constitution and laws of the State
and by the rules and regulations of the Issuer to happen, exist and be performed precedent
to and in the issuance of this Bond, have happened, do exist and have been performed as so
required.
The principal of this Bond is payable at maturity or upon redemption at the
principal corporate trust office of Zions First National Bank, Salt Lake City, Utah, as
Registrar and Paying Agent appointed under the Indenture or any successor thereto under
the Indenture. The interest on this Bond is payable by check drawn by the Registrar and
Paying Agent and mailed on the Interest Payment Date to the person in whose name this
Bond is registered on the Record Date. Payment of the principal of, premium, if any, and
interest on this Bond shall be in any coin or currency of the United States of America as, at
the respective times of payment, shall be legal tender for the payment of public and private
debts.
IN WITNESS WHEREOF, SALT LAKE CITY, SALT LAKE COUNTY, UTAH, has
caused this Bond to be executed in its name and on its behalf by the facsimile signatures of
its Mayor and City Recorder, and its seal to be hereunto affixed by facsimile.
SALT LAKE CITY, SALT LAKE COUNTY,
UTAH
[SEAL]
[facsimile signature]
Mayor
Attest and Countersign:
[facsimile signature]
City Recorder
[FORM OF REVERSE OF SERIES 1987 BOND]
This Bond is one of a series of Bonds entitled "Salt Lake City, Salt Lake
County, Utah Weekly Adjustable/Fixed Rate Airport Facilities Revenue Bonds, Series 1987
(Delta Air Lines, Inc. Project)" in the aggregate principal amount of $22,000,000 (the
"Bonds"), of like tenor except as to numbers and denominations, issued under and pursuant
to the Constitution and laws of the State, particularly the Utah Industrial Facilities and
Development Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended, and the
Trust Indenture, dated as of June 1, 1987 (which, as amended from time to time, is referred
-5-
to herein as the "Indenture"), between the Issuer and Zions First National Bank, Salt Lake
City, Utah, as trustee (the "Trustee"), and resolutions of the Municipal Council of the Issuer
adopted on July 7, and June 9, 1987, for the purpose of providing funds to finance the cost
of acquiring, constructing, improving, equipping and furnishing certain airport facilities for
lease and use by Delta Air Lines, Inc., a Delaware corporation, or its assigns (the
"Company"), and paying expenses incidental thereto. Such airport facilities are hereinafter
referred to as the "Exempt Facilities" as defined in the Indenture. The Exempt Facilities
have been leased by the Issuer to the Company under the terms of an Exempt Facilities
Lease Agreement, dated as of June 1, 1987, between the Issuer and the Company (which
agreement, as from time to time supplemented and amended, is hereinafter referred to as
the "Lease"). A fully executed counterpart of the Lease is on file at the principal corporate
trust office of the Trustee in Salt Lake City, Utah, and reference is hereby made to the
Lease for the provisions thereof.
This Bond and the series of which it forms a part are special and limited
obligations of the Issuer and are payable solely and only from the rents, revenues and other
amounts derived from the leasing of the Exempt Facilities by the Issuer to the Company, as
further provided for in the Indenture and the Lease. Pursuant to the provisions of the
Lease, rental payments for the prompt payment when due of the principal of, premium, if
any, and interest on the Bonds are to be paid by the Company to the Trustee for the account
of the Issuer and deposited as provided in the Indenture, and such rental payments and other
revenues under the Lease have been duly pledged for that purpose, and the rights of the
Issuer under the Lease have been assigned by the Issuer to the Trustee (with the exception
of certain unassigned rights), all to secure payment of such principal, premium, if any, and
interest.
Interest accrued on the Bonds from and after October 4, 1989 (the "Conversion
Date" or the "Fixed Rate Conversion Date") shall be computed upon the basis of a 360-day
year, consisting of twelve 30-day months.
Interest shall be payable as provided in the Indenture and as described below on
each Interest Payment Date. The term "Interest Payment Date" shall mean, after the
Conversion Date, December 1, 1989 and each June 1 and December 1 thereafter.
The term "Authorized Denomination" shall mean, from and after the
Conversion Date, Bonds in the denomination of $5,000 each or any integral multiple thereof.
The term "Record Date" shall mean, the fifteenth day of the month prior to
each Interest Payment Date, or, if such day shall not be a Business Day, the next preceding
Business Day.
Interest on Bonds issued upon the transfer or exchange of Bonds shall be
payable from the Interest Payment Date preceding their date of authentication, unless the
date of authentication is an Interest Payment Date, in which case interest on such Bonds
shall be payable from such date, or unless their date of authentication is prior to the first
Interest Payment Date, in which case interest on such Bonds shall be payable from date of
authentication and delivery, or unless the date of authentication is after a Record Date
with respect to an Interest Payment Date but prior to such Interest Payment Date, in which
case interest on such Bonds shall be payable from such Interest Payment Date; provided,
however, that if, as shown by the records of the Registrar and Paying Agent, interest on the
Bonds shall be in default, interest on Bonds issued in exchange for Bonds surrendered for
-6-
transfer or exchange shall be payable from the date to which interest has been paid in full
on the Bonds or, if no interest has been paid on the Bonds, the date of the first
authentication and delivery of Bonds under the Indenture.
Optional Redemption of the Bonds.
The Bonds are subject to redemption prior to maturity by the Issuer in
Authorized Denominations upon the exercise by the Company of any of its options to prepay
all or a part of the rental payments required by the Lease on and after June 1, 1999, as a
whole at any time, or in part from time to time on any Interest Payment Date, at a
redemption price equal to 100% of the principal amount of each Bond to be redeemed plus
the interest accrued thereon to such redemption date plus a redemption premium expressed
as a percentage of the principal amount of Bonds redeemed, as set forth on the table below:
Period During Which
Redeemed (Both Dates
Inclusive) Redemption Premium
June 1, 1999 through May 31, 2000 2%
June 1, 2000 through May 31, 2001 1%
June 1, 2001 and thereafter 0%
Any notice of such optional redemption shall state that such redemption
shall be conditional upon the receipt of moneys sufficient to pay the principal of,
premium, if any, and interest on the Bonds to be redeemed by the Trustee by 2:00 p.m.,
New York City time, on the date fixed for redemption, unless the Trustee shall have
received such moneys prior to giving such notice. If such moneys shall not have been so
received such notice shall be of no force and effect, the Issuer shall not redeem such
Bonds and the Trustee shall give notice that such moneys were not so received and such
redemption did not take place.
Extraordinary Optional Redemption of Bonds.
The Bonds shall be subject to redemption prior to maturity at the option of
the Issuer, upon the direction of the Company, in whole at any time, or in part by lot
from time to time, at a redemption price equal to 100% of the principal amount of such
Bonds, together with accrued interest, if any, on such Bonds to the date fixed for
redemption, upon receipt by the Trustee not less than 35 days prior to such redemption
date of a written direction from the Company stating that any of the following events
has occurred and that the Company intends to exercise its option to prepay rental
payments under the Lease and thereby effect redemption of such Bonds: (i) the Company
shall have determined that the continued construction or operation of all or a part of the
Exempt Facilities is impracticable, uneconomical, or undesirable for any reason, (ii) all
or part of the Exempt Facilities shall have been damaged, destroyed, condemned,
confiscated, appropriated or taken by eminent domain, or (iii) the construction or
operation of the Exempt Facilities shall have been enjoined or shall have otherwise been
prohibited by, or shall conflict with, any order, decree, rule, or regulation of any court or
of any federal, State or local regulatory body, administrative agency or other
governmental body.
-7-
Mandatory Redemption of the Bonds
after Determination of Taxability.
The Bonds shall be subject to mandatory redemption by the Issuer in whole at
any time or in part by lot from time to time at a redemption price of 100% of the
principal amount thereof plus accrued interest, if any, to the redemption date within 180
days following the occurrence of a "Determination of Taxability" as provided in the
Indenture.
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds authorized, described or provided for in the
within-mentioned Indenture.
Registrar and Paying Agent
Date of Authentication: By:
Authorized Signatory
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this
certificate, shall be construed as though they were written out in full according to
applicable laws or regulations:
UNIF GIFT MIN ACT--
TEN COM -- as tenants in common Custodian
TEN ENT -- as tenants by the entireties (Cust) (Minor)
JT TEN -- as joint tenants with right Under Uniform Gifts to
of survivorship and not as Minors Act
tenants in common (State)
Additional abbreviations may also be used though not in the above list.
-8-
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE
(Please Print or Type Name and Address of Assignee)
the within Bond, and all rights thereunder, and hereby does irrevocably constitute and
appoint , Attorney, to transfer the within Bond on the books kept for the
registration thereof, with full power of substitution in the premises.
Dated:
NOTICE: The signature to this assignment
must with the name as it appears upon the
face of the within Bond in every particular,
without alteration or enlargement or any
change whatsoever.
Signature guarantee:
NOTICE: Signature(s) must be guaranteed by
a member firm of The New York Stock Exchange,
Inc. or a commercial bank or trust company.
-9-
CONSENT OF DELTA AIR LINES, INC.
In satisfaction of the requirements of Article X of the Indenture, Delta Air Lines,
Inc. hereby consents to the execution, delivery and effectiveness of the foregoing First
Supplemental Indenture dated as of October 1, 1989, and hereby waives any notice thereof.
DELTA AIR LINES, INC.
By:
Its:
-10-
CONSENT OF BAYERISCHE VEREINSBANK AG (UNION BANK OF BAVARIA)
In satisfaction of the requirements of Article X of the Indenture, Bayerische
Vereinsbank AG (Union Bank of Bavaria) hereby consents to the execution, delivery and
effectiveness of the foregoing First Supplemental Indenture dated as of October 1, 1989, and
hereby waives any notice thereof.
BAYERISCHE VEREINSBANK AG
(UNION BANK OF BAVARIA)
By:
Its:
-11-
CONSENT OF THE HOLDERS OF THE SERIES 1987 BONDS
In satisfaction of the requirements of Article X of the Indenture, Smith Barney,
Harris Upham & Co. Incorporated, as holder of all of the outstanding Series 1987 Bonds, hereby
consents to the execution, delivery and effectiveness of the foregoing First Supplemental
Indenture dated as of October 1, 1989, and hereby waives any notice thereof.
SMITH BARNEY, HARRIS UPHAM & CO.
INCORPORATED
By:
Its:
RJS/W RD/jgl/857334-fsi
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ANNEX B
[Insert Form of Purchase Contract]
-12-
ANNEX C
[Insert Form of Remarketing Memorandum]
-13-
Chapman and Cutler
Draft of 09/14/89
Salt Lake City, Utah
September 19, 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 September 19,
1989 at the hour of 6:00 o'clock P.M., at the regular meeting place of the Municipal Council
in Room 315 in the City and County Building, 451 South State Street, in Salt Lake City,
Utah.
The meeting was duly called to order by Councilmember who
was conducting, with the following members being present, constituting a quorum of the
Municipal Council:
W. M. (Willie) Stoler Chair
Alan G. Hardman Vice Chair
Florence Bittner Councilmember
Thomas M. Godfrey Councilmember
Sydney R. Fonnesbeck Councilmember
L. Wayne Horrocks Councilmember
Roselyn Kirk Councilmember
Absent: None.
There were also present:
Palmer A. DePaulis Mayor
Kathryn Marshall City Recorder
Roger F. Cutler City Attorney.
Series 1993 Airport Revenue Refunding Bonds
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 September 19, 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, or to a local media corre-
spondent. 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
September 19, 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 315, City and County Building, 451 South State Street, in
Salt Lake City, Utah, on September 15, 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 September 15, 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 19th day
of September, 1989.
Kathryn Marshall
City Recorder
Salt Lake City,
[SEAL] Salt Lake County, Utah
-3-
EXHIBIT A
[Attach Copy of Meeting Notice]
A-1
Thereupon, after the conduct of other business not pertinent to the following,
the following resolution was introduced in written form by Councilmember
and, pursuant to motion duly made by Councilmember and seconded by
Councilmember , was adopted and approved by the following vote:
Aye: W. M. (Willie) Stoler
Alan G. Hardman
Florence Bittner
Thomas M. Godfrey
Sydney R. Fonnesbeck
L. Wayne Horrocks
Roselyn Kirk
Nay: None
Absent: None.
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 Chairperson 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. OF 1989
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
NOT MORE THAN $22,750,000 AGGREGATE PRINCIPAL
AMOUNT OF AIRPORT REVENUE REFUNDING BONDS OF
SALT LANE CITY, SALT LANE COUNTY, UTAH; AUTHORIZING
SUCH BONDS TO BE ISSUED IN ONE OR MORE SERIES FOR
DELIVERY IN 1993 TO THE INITIAL PURCHASERS THEREOF;
FIXING THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF
SUCH BONDS, THE MAXIMUM NUMBER OF YEARS OVER
WHICH SUCH BONDS MAY MATURE, THE MAXIMUM
INTEREST RATE THAT SUCH BONDS MAY BEAR AND THE
MAXIMUM DISCOUNT FROM PAR AT WHICH SUCH BONDS
MAY BE SOLD; PROVIDING FOR THE PUBLICATION OF A
NOTICE OF BONDS TO BE ISSUED; PROVIDING FOR THE
RUNNING OF A CONTEST PERIOD; AND RELATED MATTERS.
*** *** ***
WHEREAS, the Municipal Council of Salt Lake City, Salt Lake County, Utah
(the "Municipal Council"), considers it desirable and necessary and for the benefit of Salt
Lake City, Salt Lake County, Utah (the "City"), and the users of the Salt Lake City
International Airport to refund all or part of the City's outstanding Airport Revenue Bonds,
Series 1983 (the "Prior Bonds") for the purpose of achieving interest cost savings; and
WHEREAS, the Prior Bonds were originally issued in the aggregate principal
amount of $25,500,000, and $22,750,000 aggregate principal amount of the Prior Bonds
mature or are subject to optional redemption on June 1, 1993; and
WHEREAS, the Municipal Council desires to authorize the issuance by the City
of not more than $22,750,000 aggregate principal amount of Airport Revenue Refunding
Bonds in one or more series (the "Refunding Bonds") for the purpose of refunding all or part
of the Prior Bonds; and
WHEREAS, favorable market conditions currently exist permitting the sale of
the Refunding Bonds at favorable interest rates; and
WHEREAS, the Prior Bonds are not subject to call for redemption prior to June
1, 1993, and, under the provisions of the Internal Revenue Code of 1986 (the "Code") tax-
exempt refunding bonds may not be issued more than 90 days prior to the redemption or
maturity of the Prior Bonds; and
WHEREAS, arrangements are being made for purchasers of the Refunding
Bonds to deposit the purchase price for the Refunding Bonds in an escrow account, such
purchase price to be held and invested until delivery of the Refunding Bonds in 1993,
provided that the Municipal Council now authorizes the issuance of the Refunding Bonds for
delivery in 1993 pursuant to appropriate contractual arrangements with the initial
purchasers of the Refunding Bonds; and
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WHEREAS, Section 11-27-4, Utah Code Annotated 1953, as amended, provides
for the publication of a Notice of Bonds to be Issued, and the Municipal Council desires to
publish such a notice at this time in compliance with such Section 11-27-4; and
WHEREAS, the Municipal Council desires to authorize the issuance of the
Refunding Bonds and the publication of a Notice of Bonds to be Issued;
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF
SALT LAKE CITY, SALT LAKE COUNTY, UTAH, AS FOLLOWS:
SECTION 1. The Municipal Council hereby finds and determines that it is in
the best interest of the residents of the City and the users of the Salt Lake City
International Airport for the City to issue not more than Twenty-Two Million Seven
Hundred Fifty Thousand Dollars ($22,750,000) aggregate principal amount of its Airport
Revenue Refunding Bonds (the "Refunding Bonds"). The Refunding Bonds may be issued in
one or more series provided that the aggregate principal amount of all such series does not
exceed the amount stated above. In order to satisfy the requirements of the Code, the
Refunding Bonds shall be issued and delivered to the initial purchasers thereof on a date
acceptable to them not more than 90 days prior to June 1, 1993.
SECTION 2. The Refunding Bonds shall be issued and shall bear interest at a
rate or rates of not to exceed eight and one-half percent per annum, shall mature in not
more than twenty (20) years from their date or dates and shall be sold at a discount from
par, expressed as a percentage of principal amount, of not to exceed two percent (exclusive
of any original issue discount), and the Municipal Council hereby declares its intention to
issue the Refunding Bonds according to the provisions of this Resolution. The Refunding
Bonds will be issued pursuant to the Resolution No. 45 of 1989 Providing for the Issuance of
Airport Revenue Bonds (the "Master Resolution") adopted by the Municipal Council on April
11, 1989, and a supplemental resolution (the "Supplemental Resolution") authorizing the
issuance and confirming the sale of the Bonds, to be adopted by the Municipal Council at a
future date pursuant to and in compliance with the Master Resolution. A copy of the
Master Resolution is attached hereto as Annex A and a draft of the Supplemental
Resolution, in substantially final form, is attached hereto as Annex B.
SECTION 3. The Municipal Council hereby authorizes and approves the
issuance of the Refunding Bonds pursuant to the provisions of this resolution, the Master
Resolution and the Supplemental Resolution, with such changes to the Supplemental
Resolution as shall be approved by the Municipal Council upon the adoption thereof,
provided that the principal amount of the Refunding Bonds shall not exceed the maximum
principal amount set forth in Section 1 hereof and the interest rates, final maturity, and
discount shall not exceed the respective maximums set forth in Section 2 hereof.
SECTION 4. In accordance with the provisions of Section 11-27-4, Utah Code
Annotated 1953, as amended, the City Recorder shall cause the following "Notice of Bonds
to be Issued" to be published one time in the Deseret News and The Salt Lake Tribune,
newspapers published and of general circulation in the City, and shall cause a copy of this
resolution (together with all exhibits hereto) to be kept on file in her office for public
examination during the regular business hours of the Municipal Council until at least thirty
(30) days from and after the date of publication thereof. The Deseret News and The Salt
Lake Tribune are each hereby designated as an "official newspaper" of the City for purposes
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of any notices to be published in accordance with the Utah Refunding Bond Act, Chapter 27
of Title 11, Utah Code Annotated 1953, as amended. The "Notice of Bonds to be Issued"
shall be in substantially the following form:
NOTICE OF BONDS TO BE ISSUED
NOTICE IS HEREBY GIVEN pursuant to the provisions of Section 11-27-4, Utah
Code Annotated 1953, as amended, that on September 19, 1989, the Municipal Council of
Salt Lake City, Salt Lake County, Utah (the "Municipal Council"), adopted a resolution (the
"Resolution") in which it authorized and approved the issuance by Salt Lake City, Salt Lake
County, Utah (the "City") of its Airport Revenue Refunding Bonds (the "Refunding Bonds").
The Refunding Bonds may be issued in one or more series provided that the aggregate
principal amount of all of the Refunding Bonds shall not exceed Twenty-Two Million Seven
Hundred Fifty Thousand Dollars. The Refunding Bonds shall bear interest at a rate or rates
of not to exceed eight and one-half percent per annum, shall mature in not more than
twenty years from their date or dates, and shall be sold at a discount from par, expressed as
a percentage of principal amount, of not to exceed two percent (exclusive of any original
issue discount).
The Refunding Bonds are to be issued for the purpose of refunding all or part of
the City's outstanding Airport Revenue Bonds, Series 1983 (the "Prior Bonds"), and for the
purpose of paying all costs incident to the authorization and issuance of the Refunding
Bonds, including legal and fiscal adviser's fees and costs incident to such refunding. The
Prior Bonds were originally issued in the aggregate principal amount of $25,500,000, and
$22,750,000 aggregate principal amount of the Prior Bonds mature or are subject to optional
redemption on June 1, 1993. Because under the Federal Internal Revenue Code of 1986 tax-
exempt refunding bonds may not be issued more than 90 days prior to maturity or
redemption of the Prior Bonds, arrangements are being made for the issuance and delivery
of the Refunding Bonds to the initial purchasers thereof in 1993 on a date not more than 90
days prior to June 1, 1993. However, the terms of the sale of the Refunding Bonds will be
established as provided in the Resolution at current market rates which the Municipal
Council has determined to be favorable and will provide interest cost savings to the City.
The Refunding Bonds are to be issued and sold by the City pursuant to the
Resolution, including as part of the Resolution (1) a copy of the Resolution No. 45 of 1989
Providing for the Issuance of Airport Revenue Bonds adopted by the Municipal Council on
April 11, 1989 (the "Master Resolution"), and (2) a draft of a supplemental resolution (the
"Supplemental Resolution") authorizing the issuance and confirming the sale of the
Refunding Bonds. The Supplemental Resolution was before the Municipal Council and
attached to the Resolution in substantially final form at the time of the adoption of the
Resolution, and the Supplemental Resolution is to be adopted by the Municipal Council in
such form, with such changes thereto as shall be approved by the Municipal Council upon
the adoption thereof, provided that the separate and combined aggregate principal amounts,
and the interest rate, maturity and discount for the Refunding Bonds will not exceed the
respective maximums set forth above. A copy of the Master Resolution was also before the
Municipal Council and was attached to the Resolution.
A copy of the Resolution (including a copy of the Master Resolution and a draft
of the Supplemental Resolution) is on file in the office of the City Recorder at the City and
County Building, 451 South State Street, in Salt Lake City, Utah, where it may be examined
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during regular business hours of the City Recorder from 8:00 o'clock A.M. to 5:00 o'clock
P.M. The Resolution (including the Master Resolution and Supplemental Resolution) shall be
so available for inspection for a period of at least thirty days from and after the date of the
publication of this notice.
NOTICE IS FURTHER GIVEN that pursuant to law for a period of thirty days
from and after the date of the publication of this notice, any person in interest shall have
the right to contest the legality of the Resolution, the Supplemental Resolution, or the
Refunding Bonds, or any provisions made for the security and payment of the Refunding
Bonds, and that after such time, no person shall have any cause of action to contest the
regularity, formality or legality thereof for any cause.
DATED this 19th day of September, 1989.
Is/ Kathryn Marshall
City Recorder, Salt Lake City,
Salt Lake County, Utah
SECTION 5. For a period of thirty days after publication of the Notice of
Bonds to be Issued, any person in interest shall have the right to contest the legality of this
resolution and any other proceedings pursuant to which the Refunding Bonds are to be
issued, or of the Refunding Bonds thereby authorized or any provisions made for the
security and payment of the Refunding Bonds. After such time, no person shall have any
cause of action to contest the regularity, formality or legality of this resolution or any
other proceedings or the Refunding Bonds for any cause whatsoever.
SECTION 6. 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 such section, paragraph, clause, or provision shall not affect any of the remaining
provisions of this resolution.
SECTION 7. This resolution shall be effective immediately upon its approval
and adoption.
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ADOPTED AND APPROVED by the Municipal Council of Salt Lake City, Salt
Lake County, Utah, this 19th day of September, 1989.
SALT LAKE CITY,
SALT LAKE COUNTY, UTAH
[SEAL] By
W.M. (Willie) Stoler
ATTEST: Chair of the Municipal
Council, Salt Lake City,
Salt Lake County, Utah
By
Kathryn Marshall
City Recorder, Salt Lake City,
Salt Lake County, Utah
APPROVED:
By
Palmer A. DePaulis
Mayor
APPROVED as to form:
By
Roger F. Cutler
City Attorney
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(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. (Willie) Stoler
Chair
ATTEST:
Kathryn Marshall
City Recorder
[SEAL]
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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 September 19, 1989, including a resolution adopted at
said meeting, as said minutes and resolution are officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and
impressed hereon the corporate seal of Salt Lake City, Salt Lake County, Utah, this 19th
day of September, 1989.
Kathryn Marshall
City Recorder
Salt Lake City, Salt Lake
County, Utah
[SEAL]
RJS/RAC/jgl/859199-res
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ANNEX A
[Insert Copy of Master Resolution]
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ANNEX B
[Insert Draft of Supplemental Resolution]
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Chapman and Cutler
Draft of 09/14/89
SALT LAKE CITY, SALT LAKE COUNTY, UTAH
Supplemental Resolution No. of 1989
Authorizing the Issuance and Sale of
Airport Revenue Refunding Bonds, Series 1993
$ Series 1993A Bonds
$ Series 1993B Bonds
Adopted , 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 5
203. Maturities and Interest Rates 6
204. Registered Bonds; Denomination and Numbers 7
205. Paying Agent 7
206. Sinking Fund and Optional Redemption 8
207. Sale of Series 1993 Bonds 9
208. Execution of Series 1993 Bonds 10
209. Delivery of Series 1993 Bonds 10
210. Initial Purchase Agreement 10
211. Further Authority 10
212. Book-Entry System; Limited Obligation of City 11
213. Representation Letter 12
214. Transfers Outside Book-Entry System 12
215. Payments to Cede 12
ARTICLE III
ESTABLISHMENT OF SERIES 1993 PROJECT COST
OF ISSUANCE FUND, 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 13
303. Series 1993 Bond Service Subaccount 13
304. Series 1993 Debt Service Reserve Subaccount 14
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ARTICLE IV
DEFEASANCE AND REDEMPTION OF REFUNDED BONDS
401. Defeasance of Refunded Bonds 14
402. Redemption of Refunded Bonds 14
403. Escrow Agreement 15
ARTICLE V
FORM OF SERIES 1993 BONDS
501. Form of Series 1993 Bonds 15
ARTICLE VI
COMPLIANCE WITH REBATE AND OTHER
REQUIREMENTS OF THE CODE
601. Authorization and Covenants 23
602. Additional Payments 24
603. Investments To Be Legal 24
604. Opinion of Bond Counsel; Amendments 24
605. Additional Covenants; Agreements 24
ARTICLE VII
SERIES 1993 RESERVE INSTRUMENT
701. Authorization 24
702. Draws on Series 1993 Reserve Instrument 25
703. Remedies of Series 1993 Reserve Instrument
Issuer 25
704. No Assignment of Series 1993 Debt Service
Reserve Instrument or Revenues 26
705. Consent of (Bond Insurer) for Other Reserve
Instruments 26
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ARTICLE VIII
SERIES 1993 SECURITY INSTRUMENT
801. Authorization 26
802. Payments to Series 1993 Bondholders;
Subrogation 26
803. Limitation on Issuance of Additional Bonds 27
804. Limitation on Rights of Bondholders under
Article VIII of the Resolution 28
805. Access to Registration Books 28
806. Supplemental Resolution Transcript 28
807. Additional Conditions for Defeasance 28
808. Notice 28
809. Reports and Information 29
810. Series 1993 Reserve Instrument Issuer as
Third-Party Beneficiary 29
ARTICLE IX
MISCELLANEOUS
901. System of Registration 29
902. Article and Section Headings 30
903. Partial Invalidity 30
904. Effective Date 30
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SUPPLEMENTAL RESOLUTION NO. of 1989 authorizing
the issuance and confirming the Sale of $ Airport
Revenue Refunding Bonds, Series 1993 (consisting of $
Airport Revenue Refunding Bonds, Series 1993A and $
Airport Revenue Refunding Bonds, Series 1993B), 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, an Escrow Agreement, and related documents and
certificates; authorizing the preparation and distribution of a
preliminary and final offering circular; 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. 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.
["(Bond Insurer)" means , and its successors
and assigns.]
"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 1, 1989, by and between the City and the Escrow Agent providing for
payment of the redemption price and interest on the Refunded Bonds on or prior to
their retirement pursuant to call for redemption.
"Escrow Account" means the Escrow Account established in the Escrow
Agreement.
"Forward Purchase Agreement" means the Escrow and Forward Purchase
Agreement, dated as of , 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 , 1989, among the City and the
Underwriters.
"Participants" means those broker-dealers, banks and other financial
institutions from time to time for which DTC holds Series 1993 Bonds as securities
depository.
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"Person" means natural persons, firms, partnerships, associations, corporations,
trusts, public bodies and other entities.
"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,
1994, in the aggregate principal amount of $22,750,000 bearing interest at the rates
and falling due on June 1 of each of the years as follows:
Year Amount Interest Rate
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 dated as of
"Resolution" means Resolution No. 45 of 1989 Providing for the Issuance of
Airport Revenue Bonds, adopted on April 11, 1989, as from time to time amended or
supplemented by Supplemental Resolutions, including Supplemental Resolution No. 46
of 1989, adopted on April 11, 1989, and this Series 1993 Supplemental Resolution.
"Series 1983 Bonds" means the City's Airport Revenue Bonds, Series 1983,
issued pursuant to a Resolution No. 81 Providing for the Issuance of Airport Revenue
Bonds, adopted on October 17, 1978, and Supplemental Resolution No. 44 of 1983,
adopted on May 24, 1983.
"Series 1993 Bond Service Subaccount" means the Series Subaccount in the Bond
Service Account established in Section 303.
"Series 1993 Bonds" means, collectively, the Series 1993A Bonds and the Series
1993B Bonds.
"Series 1993A Bonds" means the $ aggregate principal amount of
the Series 1993 Bonds designated as the Series 1993A Bonds in Article II hereof.
"Series 1993B Bonds" means the $ aggregate principal amount of the
Series 1993 Bonds designated as the Series 1993B Bonds in Article II hereof.
-3-
"Series 1993 Cost of Issuance Fund" means the Series 1993 Cost of Issuance
Fund established in Section 301 of this Series 1993 Supplemental Resolution.
["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
$ [(being the average annual Debt Service on the Series 1993
Bonds).]
"Series 1993 Debt Service Reserve Subaccount" means the Series Subaccount in
the Debt Service Reserve Account established in Section 304 of this Series 1993
Supplemental Resolution.
["Series 1993 Reserve Instrument" means the
issued by the Series 1993 Reserve Instrument Issuer pursuant to the Series 1993
Reserve Instrument Agreement.]
["Series 1993 Reserve Instrument Agreement" means the
dated as of , 1989 between the City and .
["Series 1993 Reserve Instrument Issuer" means ,
as issuer of the Series 1993 Reserve Instrument.]
["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 the
issued by the Series 1993 Security Instrument Issuer.]
["Series 1993 Security Instrument Issuer" means ,
as issuer of the Series 1993 Security Instrument.]
"Series 1993 Supplemental Resolution" means this Supplemental Resolution
No. of 1989 of the City adopted on , 1989, authorizing the
issuance and sale of the Series 1993 Bonds.
["Series 1993 Term Bonds" means Series 1993 Bonds maturing on .]
"Tax-Exemption Certificate" means (a) the Tax Exemption Certificate between
the City and the Trustee, and (b) any other 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.
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"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 the Refunded Bonds and in
accordance with and subject to the terms, conditions and limitations established in the
Resolution, including this Series 1993 Supplemental Resolution, a Series of Airport Revenue
Bonds is hereby authorized to be issued in the aggregate principal amount of $
Such Series of Bonds shall be designated "Airport Revenue Refunding Bonds, Series 1993."
As provided in Section 203, $ aggregate principal amount of the Series 1993
Bonds shall be designated as the "Airport Revenue Refunding Bonds, Series 1993A Bonds"
and $ aggregate principal amount of the Series 1993 Bonds shall be designated
as the "Airport Revenue Refunding Bonds, Series 1993B Bonds". For all purposes of the
Resolution except , the Series 1993A Bonds and the Series 1993B Bonds
shall constitute only one Series of Bonds.
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 Escrow
and 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, the maximum amount of
Aggregate Debt Service on the Series 1993 Bonds is no greater than the maximum
amount of Aggregate Debt Service on the Refunded Bonds, as required by 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.
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[(v) the Series 1993 Bonds are bonds as described in Section 1313(a) of the
Internal Revenue Code 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
reasonably expected economic life of such facilities being 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 defeasing the Refunded
Bonds pursuant to Section 11.01 of the Prior Lien Resolution by [purchasing obligations of
the United States of America] for deposit into the Escrow Account pursuant to the Escrow
Agreement and providing a beginning deposit on demand sufficient to provide for the
payment of the Refunded Bonds upon call for redemption.
Section 203. Maturities and Interest Rates. (a) $ aggregate
principal amount of the Series 1993 Bonds, maturing on the dates and in the principal
amounts shown below and bearing interest at the rates shown below, are hereby designated
as the Series 1993A Bonds:
1 Amount Interest
of the Year Maturing Rate
1994 $ %
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
(b) $ aggregate principal amount of the Series 1993 Bonds,
maturing on the dates and in the principal amounts shown below and bearing interest at the
rates shown below, are hereby designated as the Series 1993B Bonds:
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1 Amount Interest
of the Year Maturing Rate
1994 $ %
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
(c) The Series 1993 Bonds shall be dated as of , 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 1, 1993,
payable 1, 1993, and semi-annually thereafter on 1
and 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 1993A Bonds shall be
numbered from one (1) consecutively upwards with the prefix "RA" preceding each
number. The Series 1993B Bonds shall be numbered from one (1) consecutively upwards with
the prefix "RB" 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.
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[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
Term Bond or portion thereof to be redeemed, together with accrued interest to the date of
redemption. The Series 1993 Term Bonds maturing on , shall be subject to
redemption in part by operation of Sinking Fund Installments on 1, and on
each of each year thereafter to and including 1. The amounts
and due dates of the Sinking Fund Installments for the Series 1993 Term Bonds maturing
on are set forth in the following table:
1
of the Year Amount
(b) The Series 1993 Bonds maturing on or after 1, are
subject to optional redemption on or after 1, , at the election of the
City, in whole on any date, or in part on any interest payment date, and if in part, in inverse
order of maturities (and within each maturity as selected by the 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
1, through
1, through
1, and thereafter 96
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.
(c) In addition to the notice 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.
* Separate redemption provisions for Series 1993A Bonds and Series 1993B Bonds may be
inserted, as required.
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(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
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 1993A Bonds authorized
to be issued herein are hereby sold to the purchasers thereof pursuant to the Forward
Purchase Agreement at an aggregate price of $ (being %* of the
principal amount of the Series 1993A Bonds, plus accrued interest, if any, on the Series
1993A Bonds from , 1993, to the date of delivery of and payment for the Series
1993A Bonds, on the terms and conditions set forth in the Forward Purchase Agreement and
upon the basis of the representations therein set forth.
(b) The Series 1993B Bonds authorized to be issued herein are hereby sold to
the purchasers thereof pursuant to the Forward Purchase Agreement at an aggregate price
of $ (being %* of the principal amount of the Series 1993B Bonds, plus
accrued interest, if any, on the Series 1993B Bonds from , 1993, to the date of
delivery of and payment for the Series 1993B Bonds, on the terms and conditions set forth in
the Forward Purchase Agreement and upon the basis of the representations therein set
forth.
(c) 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. It is recognized that the
* Each maturity may be sold at a different purchase price, depending on market conditions.
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full purchase price for the Series 1993 Bonds may not be available pursuant to the Forward
Purchase Contract to purchase all of the Series 1993 Bonds. In such event, there shall be
delivered to the purchasers of the Series 1993 Bonds only those Series 1993 Bonds for which
the purchase price is paid in full in accordance with the terms and provisions of the Forward
Purchase Contract.
(d) 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.
(e) 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) , and (c) the purchase
price of the Series 1993 Bonds as contemplated by Section 207 hereof.
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
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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 , 1989, and (b) certain transactions related to the issuance and delivery
of the Series 1993 Bonds on or around , 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.
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, respectively, of the Series 1993A Bonds and the Series 1993B
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.
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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
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.
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ARTICLE III
ESTABLISHMENT OF SERIES 1993 PROJECT COST OF ISSUANCE FUND,
APPLICATION OF SERIES 1993 BOND PROCEEDS
AND OTHER MONEYS
[Section 301. Series 1993 Cost of Issuance Fund. There is hereby established a
separate fund designated as the "Series 1993 Cost of Issuance Fund" to be held by the
Trustee. 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
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 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. From the proceeds of the Series 1993 Bonds, there shall be paid to the Trustee for
deposit as follows:
(1) Into the Bond Service Account, the amount of interest, if any, accrued
from 1, 1993, to the date of delivery of the Series 1993 Bonds;
(2) Into the Debt Service Reserve Account, $
(3) $ from 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 Resolution; [provided,
however, that if an amount less than the full $ is required to provide for
the refunding and payment of the Refunded Bonds upon call for redemption, as
provided in the Resolution and the Escrow Agreement, the amount not required for
such purpose and specified in the Written Request of the City signed by the Mayor or
the City Treasurer and delivered contemporaneously with the issuance of the Series
1993 Bonds shall be deposited into the Series 1993 Cost of Issuance Fund;] and
(4) Into the Series 1993 Cost of Issuance Fund, the balance of the proceeds of
the Series 1993 Bonds.
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.
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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,
if, when and as required by the Resolution, to remedy deficiencies in the Series 1993 Bond
Service Subaccount in accordance with Section 5.08 of the Resolution. [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 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, moneys and Investment Securities permitted under
Section 11.01(b) of the Prior Lien Resolution, the principal of and the interest on which,
when due, will provide moneys which shall be sufficient to pay, when due, the redemption
price and interest due and to become due on the Refunded Bonds on the redemption date of
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].
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. 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. [Insert
provisions, if necessary, for a partial redemption.]
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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 shall be
paid. After [all] the Series 1983 Bonds shall have become due and payable upon call for
redemption, 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 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:
[FORM OF BOND]
REGISTERED REGISTERED
No. R-[A][B] $
SALT LAKE CITY, SALT LAKE COUNTY, UTAH
AIRPORT REVENUE REFUNDING BOND,
SERIES 1993[A][B]
SEE REVERSE
SIDE FOR INTEREST RATE MATURITY DATE DATED DATE CUSIP:
ADDITIONAL
PROVISIONS % 1, 1, 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
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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 1
and 1, beginning 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
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 (the "Act"), and all other laws applicable thereto.
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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 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.
[ (" ") has issued
its (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 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 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]
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[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
[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. 46 of 1989, adopted
on April 11, 1989, and Supplemental Resolution No. of 1989 adopted on
1989 authorizing the issuance and sale of this Series of Bonds (the "Series 1993
Supplemental Resolution"), (such Resolution No. 45 of 1989, Supplemental Resolution No. 46
of 1989, Resolution No. 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 [A][B]" (herein called the "Series 1993 Bonds"), limited to the aggregate
principal amount of $ , 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.
$ aggregate principal amount of the Series 1993 Bonds have been designated as
the Series 1993A Bonds and $ aggregate principal amount of the Series 1993
Bonds have been designated as the Series 1993B Bonds. This Bond is one of the Series 1993
[A][B] Bonds.
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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.
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 1, , are subject to
redemption at a price equal to the principal amount thereof, together with interest thereon
accrued to the date of redemption, on 1, , and on each 1
thereafter to and including 1, , by operation of Sinking Fund
Installments as provided in the Bond Resolution. The Bond Resolution requires funds to be
provided on 1, , and on each 1 thereafter to and
including 1, , sufficient to redeem the following principal amounts of
such Series 1993 Bonds:
-19-
1
of the Year Amount
The Series 1993 Bonds maturing on or after 1, , are subject to
optional redemption at the election of the City on or after 1, , in whole
on any date, or in part on any interest payment date, and if in part, in inverse order of
maturities, 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
1, through , %
1, through , %
1, and thereafter %]
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.
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.
-20-
[[FORM OF STATEMENT OF INSURANCE]
STATEMENT OF INSURANCE
(" ") 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"):
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 that the required payment of principal or interest has not
been made by the City to the Paying Agent, 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 , 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 , 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.
]
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[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
1 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.
-22-
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)
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
-23-
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
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
-24-
Supplemental Resolution is adopted, with such changes, omissions, insertions and revisions
as the Mayor shall deem advisable.
(b) The obligation of the City to pay the Series 1993 Reserve Instrument Issuer
the amounts specified by paragraph 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 of the initial 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 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. The City has no obligation to pay any amount which would
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 the terms 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 the
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) prior to any drawing
under the Series 1993 Reserve Instrument.
(c) 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 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
-25-
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 (Bond Insurer) for Other Reserve Instruments. As long
as the Series 1993 Reserve Instrument shall be in effect and shall not be in payment default,
the City shall not obtain, without the consent of (Bond Insurer), any Reserve Instrument
relating to the Series 1993 Bonds other than the Series 1993 Reserve Instrument.]
[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. The City has no
obligation to pay any amount which would constitute Reserve Instrument Costs and 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).
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
-26-
(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
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
-27-
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-
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
, Attention: . 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.
-28-
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 enplane ments/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
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.]
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.
-29-
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.
ADOPTED AND APPROVED this day of , 1989.
SALT LAKE CITY,
SALT LAKE COUNTY, UTAH
Mayor
[SEAL]
COUNTERSIGN AND ATTEST:
City Recorder
Approved as to form:
City Attorney
RJS/jgl/859199-sr
-30-
1111111
STAFF RECOMMENDATION
BUDGET AMENDMENT NO. 2
SEPTEMBER 15, 1989
STAFF RECOMMENDATION: LEE KING
ACTION REQUESTED 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
September 19, 1989 to receive comments pertaining to budget amendment number 2
for the fiscal year 1989-90 operating budget. The primary purpose of this
amendment will be to reappropriate fund balances for CDBG grant operating
funds and CIP projects. The total dollar amount of this amendment is
$13,617,412.
STAFF ANALYSIS: I have reviewed the changes with the various department
personnel. Based on this review, I generally categorized the changes as
carryovers from prior fiscal years, new items, and housekeeping items for
accounting purposes. Because there are so many proposed changes, you may have
additional questions or concerns that I have not addressed here. Department
representatives will be present at the public hearing to answer specific
questions.
CARRYOVERS:
Carryovers are the reappropriations of CDBG operating fund project balances
for ongoing projects, appropriation of fund balance in Fleet to cover purchase
orders written before the end of the prior fiscal year, and reappropriation of
fund balances to cover the cost of CIP projects and equipment in Public
Utilities.
NEW PROJECTS:
New projects include the funding for the Airport Ground Transportation
Operation that was recently discussed during Committee of the Whole.
Appropriation of $20,000 is requested to complete a consultant study of
downtown parking, with total fund funding to come from RDA and UTA. Capital
Planning is requesting appropriation of $519, 256 for CIP projects. Three
projects: City/County Landfill, 400 West (North Temple - 400 South), and Main
Street Curb & Gutter are new CIP projects. Sources of funds are outlined on
page 8 of the schedule sheets. The Administration is also requesting that
$50,000 be transferred from CIP Contingency to the East Central Street design
project (500 S. to 500-700 East).
Public Utilities is requesting to reappropriate $2,738,403 t.o cover the cost
of outstanding CIP projects and $2,762,000 from fund balance, grants revenue,
and Metropolitan Water District. Loan t.o construct new water supply lines and
expand Phase 1 of Parley's Water Treatment Plant. $135,000 is requested from
fund balance for new CIP projects for the Sewer division. Specific projects
are listed on pages 4-5b in the detail summary that is attached.
Human Resources is requesting $28,400 for municipal elections, $14,500 is to
cover the cost changing voting district polling locations to make them
consistent with permanent county locations for state and federal elections.
The remaining $13,900 is requested to cover the anticipated shortfall in
printing and distribution of Olympics Referendum ballots. Funding for these
two changes will come from the General Fund Contingency, leaving a balance of
$212,031 in contingency.
The CBID is requesting a transfer of $20,00 from their fund balance to
participate in a "Projects for Open Space" study.
HOUSEKEEPING:
The housekeeping transfers are mostly for accounting purposes. They include
transfer of $3,366,500 from the General Fund CIP to the Debt Service Fund to
better account for the bond payments for the City/County Building. The Fire
Department is requesting transfer of the remaining $36,255 in the Central Fire
Dispatch Fund to pay the maintenance contract for dispatch equipment. These
costs were previously covered under the equipment warranty that has since
expired.
The Airport is requesting a transfer of $32, 900 from fund balance to fund a
full-time Buyer II for Airport Contracting. This amount will cover the cost
of salary and equipment necessary to operate an on-sight contracting office.
This item was discussed during the Finance Department's budget presentation in
May. Council supported the concept with the understanding that the Airport
was not operating a separate contracting office but was under the control of
the City"s Contracting Office. The FTE and dollars associated to support the
program were inadvertently left out of the recommended budget.
Human Resources Management recently implemented a vision program for
employees. The $33,000 is merely an appropriation to cover the cost of the
program with premiums to be paid by the participating employees.
Public Works is requesting an appropriation of fund balance to cover purchase
orders for garbage can replacement, an appropriation of funds from property
owners for the Concrete Program, and an appropriation of grants funds from the
state to cover the cost of connecting Foothill Blvd. traffic signals.
RECOM'II1ENDED ACTION; Approve Budget Amendment No. 2 as proposed.
RECO1ENDED MOTION:
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 fiscal year 1989-90 beginning July 1, 1989 and
ending June 30, 1990, as proposed.
ANTICIPATED OPPOSITION: None
• '� D
•
C.^
LINDA HAMILTON ...I "_.Z atill � L ` MA�19IJ PALMER DEPAULIS
DIRECTOR OF FINANCE - MAYOR
FINANCE DEPARTMENT
Policy and Budget Division
451 SOUTH STATE STREET, ROOM 248
SALT LAKE CITY, UTAH 84111
TELEPHONE (801) 535-7810
August 28, 1989
TO: W. M. "Willie" Stoler
Chairman, Salt Lake City Council
RE: SET DATE FOR PUBLIC HEARING - SEPTEMBER 19, 1989
BUDGET AMENDMENT NO. 2
I respectfully request that the City Council set a date for a
Budget Amendment Public Hearing during their September 5 meeting.
I request that the hearing to amend the Fiscal Year 1989-90
Budget be set for September 19, 1989 .
The primary purpose of the amendment will be to reappropriate
fund balances in the CDBG grant operating fund and other grant
funds, and to appropriate fund balance of enterprise and internal
service funds necessary to cover outstanding purchase orders of
June 30, 1989 .
Thank you for your assistance.
Sincerely,
Linda Hamilton
Director of Finance
LH/SF:lc
•
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 September 19 , 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 September 19 ,
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:
CITY RECORDER
Approved by the Mayor this day of
1989 .
MAYOR
ATTEST:
CITY RECORDER
FMN:cc
(SEAL)
Bill No . of 1989
Published
-3-
1990 Budget Amendment #2 September 19, 1989
page 1 of 2
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
Airport 32.900 Buyer II Recommendation: To increase administrative fees
budget to General Fund to pay for full-time Buyer II
postion added in purchasing, a new FAX machine and
computer equipment for the Airport, but associated
with the Buyer II postion. Funding will come from
uncommitted reserves(fund balance).
97,100 Ground Trans. Recommendation: To increase Airport staffing by 5.00
Starter Service FTE for full-time operations officers to provide
supervision of the ground transportation operations.
130,000
Finance 22,600 Airport Buyer Recommendation: To add 1.00 FTE (Buyer II) to Purch-
asing budget. Revenue will come from the Airport to
pay for 100% of the cost of the position.
22,600
Fire 36,255 Dispatch equip. Recommendation: During the budget approval was
maintenance received to fund the maintenance agreement on the
dispatch equipment which had been on warranty. The
budget did not get added and they are asking that
this oversight be corrected. After closing the books
on the Central Fire Dispatch fund there is enough
remaining fund balance to cover this expenditure in
the current fiscal year. Next year the cost will be
borne by General Fund revenue.
36,255
Human Resource 13,900 Olympic Referendum Recommendation: Additional funds are needed because
Management and the State has informed us that they will not pay for
Administrative the cost of printing/distribution of the ballots,and
Services the newspaper misquoted the cost of advertisement.
14,500 Fall election Recommendation: The City Council requested that the
election budget of the Recorder's office be
increased after a policy decision to change our vot-
ing district polling locations to one consistent
with those of the permanent SL County locations for
/�('�1 State and Federal elections.
1,514,875 C-ifi 1 Fleet Vehicle Recommendation: To appropriate fund balance to cover
������JJ"""- Replacement purchase orders written before fiscal year end. By
law appropriations of ISF lapse and must be re-
f� j
budgeted to cover outstanding purchase orders.
33,000 �- Vision program Recommendation: To budget funds to cover the cost of
---.4\kNO\s/l0V4-1 the recently introduced vision plan for employees.
At the timew
of budget this cost was not fully known.
Costs of the plan were estimated and built into the
premium rates being charged.
1,576,275
Non-Departmental 20,000 Downtown Prkng Recommendation: Add additional funds, S5,000 from
UTA and S15,000 from RDA, to complete a consultant
study of downtown parking.
221,000 FY90 Renter Recommendation: Add new grant funds for the
Rehab. 1989-90 year Renter Rehabilitation project.
647,442 Carryovers Recommendation: To reappropriate remainin
y fund balances in the following grant projects: 1988-
89 Renter Rehab.(295,000(, 1987-88 Renter Rehab.
(165,223), McKinney Shelter(62,000), Urban Homestead
(125,000), and Homeless Mentally 111(219).
1,255,801 Carryovers Recommendation: To reappropriate CDBG Operating
fund remaining project balances. See attached
for detail.
page 2 of 2
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 20,000 CBID Recommendation: To fund from the CBID fund balance
(cant'd) the CBID boards request to participate in the
Projects for Public Spaces study. This study looks
at people in a public envoronment and makes a comp-
rehensive study as to what could occur, which would
make a downtown area more viable and appealing to
the public-at-large.
3,366,500 Debt Service Recommendation: It is financially prudent to budget
as a transfer from the CIP fund those project costs
which will repay the debt service on the City/Cnty
Building. This adjustment is being requested only
to comply better with accounting rule.
-28,400 Contingency Recommendation: Transfer of funds to cover the
request from the City Recorder and City Council.
36,255 Central Fire Recommendation: Transfer of funds to the General
Dispatch Fund to cover the dispatch equipment maintenance.
5,538,598
Public Works 13,705 State Energy Recommendation: Appropriate grant funds to Transp
Grant tations budget to cover the cost of funds expended
to connect Foothill Blvd. traffic signals to the
City's computer.
111,000 Materials Only Recommendation: This program has 'taken off' and it
Concrete Program is necessary to budget for materials in order to
replace the materials used. Funds from the old
program was sufficient to cover the staff needs but
there was not enough to cover materials. Funds from
property owner's will be received to cover this cost
34,320 Garbage cans Recommendation: To appropriate fund balance to cover
purchase orders written before fiscal year end. By
law appropriations of EF lapse and must be re-
budgeted to cover outstanding purchase orders.
519,256 CIP Recommendation: To add the following CIP projects:
400 W. Street(N. Temple-400 S.) S40,000 from RDA,
State Street Storm Drain(N. Temple-400 S.) 5,000
from RDA, Main Street Curb/Gutter)N. Temple-400 S.
20,000 from LDS Church, Transfer station at landfill
450,000 from SL County. and add 50,000 from CDBG-CIP
contingency to the E. Central St. design(500 S./
500-700 E.), and add 4,256 from UDOT to the CIP
contingency for reimbursement of prior projects, and
reduce State Street storm drain project and add
29,000 to the Main Street storm dra n(S. Temple-
300 S.) project. Net adjustment equals 519,256.
678,281
Public Utilities 5,635,403 P.U. CIP G new Recommendation: To reappropriate fund balance to
cover the cost of outstanding CIP projects and
equipment. (2,738,403) To appropriate 262,000 of
fund balance, 2,025,000 of Grants revenue, and
475,000 loan from Metro. Water Dist. to construct
new water supply lines and expand Parley's Treatme.
Plant, Phase I of III. To appropriate 135,000 of
fund balance to new CIP projects for the Sewer
division.
5,635,403
Total recommended 183,560 5,799,723 1,547,875 519,256 2,144,243 56,255 3,366,500 13,617.412
amend.sept.90.M
GENERAL FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 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 2,123,672 111,000 2,234,672
State Beer/Liquor Tax 450,000 - 450,000
Intergovernmental Revenue 1,640,399 13,705 1,654,104
Parking Meter Collections 1,282,862 - 1,282,862
Interfund Reimbursement 3,859,221 22,600 3,881,821
Other Revenue 153,500 - 153,500
Total Other Current Revenue 19,430,594 147,305 19,577,899
Other Sources
Bond Reserves - - -
Transfer-in From Other Funds 2,229,863 36,255 2,266,118
From Reserve/Fund Balance - - -
Total Other Sources 2,229,863 36,255 2,266,118
Total Resources $82,682,395 $183,560 $82,865,955
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 4,251,790 22,600 4,274,390
Fire 17,744,425 36,255 17,780,680
Human Res. Mgt. & Ad. Serv. 3,920,486 28,400 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 - 19,091,428
Public Works 14,140,281 124,705 14,264,986
Total Expenditures 74,565,349 211,960 74,777,309
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 240,431 -28,400 212,031
Total Other Uses 8,117,046 -28,400 8,088,646
Total Uses $82,682,395 $183,560 $82,865,955
1
AIRPORT AUTHORITY
ENTERPRISE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
Revenues
Landing Fees $6,330,000 $ - $6,330,000
Terminal Rental 11,892,400 - 11,892,400
Automobile Rental 3,130,000 - 3,130,000
Automobile Parking 4,350,000 - 4,350,000
Aviation Fuel Tax 4,650,400 - 4,650,400
Terminal Concession Fees 2,771,200 - 2,771,200
Flight Kitchens 1,872,900 - 1,872,900
Other Revenue 4,969,500 - 4,969,500
Total Revenues 39,966,400 0 39,966,400
Other Sources
Interest 988,000 - 988.000
AIP/Other Contributions 12,061,000 - 12,061,000
Bond Proceeds 26,700,000 - 26,700,000
From Reserves/Fund Balance 7,727,300 130,000 7,857,300
Total Other Sources 47,476,300 130,000 47,606,300
Total Resources $87,442,700 $130,000 $87,572,700
Uses
Expenditures
Personal Services $8,079,143 $97,100 $8,176,243
Operating and Maintenance 1,228,500 - 1,228,500
Travel/Training 68,200 - 68,200
Utilities 2,422,900 - 2,422,900
Contractual Services 520,400 - 520,400
Airline Rebate 2,397,000 - 2,397,000
Janitorial Contract 1,224,500 - 1,224,500
Interfund Charges 2,388,957 32,900 2,421,857
Other Charges and Services 1,026.100 - 1,026.100
Total Expenditures 19,355,700 130,000 19,485,700
Other Uses
Capital Outlay 1,087,600 - 1,087,600
Capital Improvements Budget 59,105.000 - 59,105,000
Debt Service:
Principal 2,980,000 - 2,980,000
Interest 4,914,400 - 4,914,400
Total Other Uses 68,087,000 0 68,087,000
Total Uses $87,442,700 $130,000 $87,572,700
2
REFUSE COLLECTION
ENTERPRISE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
Revenue
Charges for Services $2,168,059 $ - $2,168,059
Other Revenue - - -
Total Revenue 2,168,059 0 2,168,059
Other Sources
Interest - - -
Transfer from General Fund 555,915 - 555,915
From Reserves/Fund Balance - 34,320 34,320
Total Other Sources 555,915 34,320 590,235
Total Resources $2,723,974 $34,320 $2,758,294
Uses
Expenditures
Personal Services $632,667 $ - $632,667
Materials and Supplies 11,300 - 11,300
Data Processing Services 144,900 - 144,900
Fleet Maintenance Services 394,618 - 394,618
Waste Disposal 345,000 - 345,000
Equipment Lease from MBA 785,000 - 785,000
Admin. Service Fees-G.F. 163,824 - 163,824
Processing Billings-Pub. Utl 140,000 - 140,000
Other Charges and Services 20,089 - 20,089
Total Expenditures 2,637,398 0 2,637,398
Other Uses
Contingency - - -
Capital Outlay 10,695 34,320 45,015
To Reserve/Fund Balance 55,881 - 55,881
Interest 20,000 - 20,000
Total Other Uses 86,576 34,320 120,896
Total Uses $2,723,974 $34,320 $2,758,294
3
SEWER UTILITY
ENTERPRISE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
Revenues
Sales/Charges for Service
Old Rate $4,800,000 $ - $4,800,000
1981 Rate Increase 996,000 - 996,000
201 Rate Increase 3,100,000 - 3,100,000
Interest 1,674,000 - 1,674,000
Total Revenues 10,570,000 0 10,570,000
Other Sources
Aid to Construction-Private - - -
Other Income 1,302,300 - 1,302,300
Reserve for Improvements 9,912,760 921,703 10,834,463
Total Other Sources 11,215,060 921,703 12,136,763
Total Resources $21,785,060 $921,703 $22,706,763
Uses
Expenditures
Personal Services 3,571,757 $ - 3,571,757
Operating and Maintenance 681,430 - 681,430
Travel/Training 25,660 - 25,660
Utilities 461,756 - 461,756
Professional & Tech. Service 738,800 - 738,800
Contractual Services 46,550 - 46,550
Interfund Charges:
Data Processing 171,500 - 171,500
Fleet Maintenance 202,220 - 202,220
Risk Management 70,000 - 70,000
Gen.Fund Admin.Service Fee 239,831 - 239,831
Other Charges & Services 39,803 - 39,803
Total Expenditures 6,249,307 0 6,249,307
Other Uses
Capital Outlay 666,650 253,103 919,753
Capital Improvements Budget 14,167,803 668,600 14,836,403
Debt Service:
Principal 253.100 - 253,100
Interest 448,200 - 448,200
To Reserve/Fund Balance - - -
Total Other Uses 15,535,753 921,703 16,457,456
Total Uses $21,785,060 $921,703 $22,706,763
4
PUBLIC UTILITIES
SEWER UTILITY FUND
PROPOSED DETAIL FOR PROPOSED BUDGET ADJUSTMENT
FOR YEAR 1989 -1990
1989-90 1989-90
DEPARTMENT / PROJECT CAPITAL PROPOSED AMENDED
PUBLIC UTILITIES IMPROVEMENTS AMENDMENT BUDGET TOTAL
CARRYOVER PROJECTS
LIFT STATION 5300 W.N. TEMPLE 69,000 69,000
COLLECTION LINE 2024 PRINCTON 55,000 55,000
MAPPING N.W. QUADRANT 40,500 40,500
ASBESTOS REMOVAL & REINSULATION 25,000 25,000
FILTER PUMPS IMPROVEMENTS 5,000 5,000
SEAL CONCRETE FLOORS 20,000 20,000
STORAGE BUILDING 45,000 45,000
TSFC BALANCE ON CONTRACT 50,000 50,000
TFSC ENGINEERING 4,100 4,100
TOTAL FOR CARRYOVER PROJECTS 0 313,600 313,600
NEW PROJECTS
MODULAR STORAGE SYSTEM 40,000 40,000
AUTO CAD WORK STATION 35,000 35,000
BUILDING FOR RAG RAKE (ODOR CONTROL) 60,000 60,000
TOTAL FOR NEW PROJECTS 0 135,000 135,000
BUDGETED 1989-90 PROJECTS
BUILDINGS
B.MITCHELL LIFT STATION 50,000 50,000
PIONEER ROAD LIFT STATION 50,000 50,000
AIRPORT L.STATION 4000 WN TEMPLE 25,000 25,000
BONNEVILL LIFT STATION 20,000 20,000
1805 INDEPENDENCE BLVD.L.STATION 20,000 20,000
NW QUADRANT LIFT STATION 500,000 500,000
4130 S CENTENNIAL PARK 50,000 50,000
350 NORTH 4800 WEST L.STATION 50,000 50,000
AMINISTRATION BLDG 500,000 500,000
TOTAL BUILDINGS 1,265,000 0 1,265,000
TREATMENT PLANT
MODIFICATION CHLORINATION SYS. 50,000 50,000
SERVICE WATER FILTRATION 10,000 10,000
FREEWAY IRRIGATION DEMO. 125,000 125,000
IMPROV.PRIMARY SCUM REMOVAL 50,000 50,000
IMPROVEMENT TO INFLUENT GATE 25,000 25,000
REPLACE GRIT SCUM-MAIN PLANT 25,000 25,000
CORRECT ROOF TIE PROBLEMS
FOR SEISMIC PROTECTION 100,000 100,000
EARTHQUAKE LIQUEFATION STUDY 50,000 50,000
4a
PUBLIC UTILITIES
SEWER UTILITY FUND
PROPOSED DETAIL FOR PROPOSED BUDGET ADJUSTMENT
FOR YEAR 1989 -1990
1989-90 1989-90
DEPARTMENT / PROJECT CAPITAL PROPOSED AMENDED
PUBLIC UTILITIES IMPROVEMENTS AMENDMENT BUDGET TOTAL
IMPROV.TO PROTECT PLANT FROM
EARTHQUAKE 50,000 50,000
LABORATORY ADDITIONS 200,000 245,000 445,000
PRETREAT PLANT FUEL TANK MOD. 10,000 10,000
FUEL SYSTEM CONTROL-ENERGY 0
RECOVERY SYSTEM 20,000 20,000
SLUDGE DRYING BEDS 2,000,000 2,000,000
WETLAND ENHANCEMENT 300,000 300,000
EXPANDING SLUDGE MANAGE.PROGRAM 10,000 10,000
ODOR CONTROL PROJECT 100,000 300,000 400,000
DIGESTER MODIFICATION 10,000 10,000
POWER STUDY 15,000 15,000
EMERGENCY BYPASS PUMPING 200,000 200,000
RAG DEWATERING PRETREAT.PLANT 30,000 30,000
ENGINEERING FOR SLUDGE BEDS 120,000 120,000
ENGINEERING FOR MAINT.BLDG. 30,000 30,000
REHAB MAINT.STOREHOUSE &
ADDITION TO LABORATORY 500,000 -225,000 275,000
SITE CURBING 15,000 15,000
DIGESTER VENTILATION 25,000 -25,000 0
COVER GRIT CHANNEL 50,000 -50,000 0
INFLUENT GATE MODIFICATION 25,000 -25,000 0
FIBERGLASS GRATING 15,000 15,000
FAN HOUSE RADIATOR 10,000 10,000
TOTAL TREATMENT PLANT 4,170,000 220,000 4,390,000
SEWER COLLECTION LINES
1100 E 300-400 S 790 FT 8IN 45,000 45,000
400 W 225-300 S 650 FT BIN 45,000 45,000
LAKE ST LOVELAND AVE 1000 FT 8IN 55,000 55,000
MEAD AVE EMERY ST 300 FT 12IN 40,000 40,000
ALLEY 900 S 700-800 W 780 FT 50,000 50,000
200 W FAYETTE,BROOKLINE
WASHINTON 1300 FT 10IN 80,000 80,000
ALPINE PLACE,GILMER DR 350 FT 35,000 35,000
ALLEY 100 S EUCLID 100-1100 W 65,000 65,000
700 S I-15 700 FT 5IN 55,000 55,000
500 S I-15 600 W 1100 FT 24IN 115,000 115,000
800 S 300-400 W 8900 FT 24IN 75,000 75,000
600S 800-900 W 800 FT 30IN 95,000 95,000
BALTIC COURT 360 FT BIN 45,000 45,000
300 W (E.SIDE)442-500 N 35,000 35,000
W.TEMPLE,1080-1180 SOUTH 45,000 45,000
MAIN ST.(E.SIDE)200-300 NORTH 45,000 45,000
500 N (N.SIDE)240-295 WEST 35,000 35,000
600 W. ,700-800 S 24IN 60,000 60,000
600 S. ,100-1100 W 21IN 75,000 75,000
600 S.,1100-1170 W 211N 50,000 50,000
EMERY ST. ,700-1000 S 15IN 75,000 75,000
VARIOUS COLL.LINES REPLACEMENT 200,000 200,000
1400 N BECK ST 600 FT 641N 4b 200,000 200,000
PUBLIC UTILITIES
SEWER UTILITY FUND
PROPOSED DETAIL FOR PROPOSED BUDGET ADJUSTMENT
FOR YEAR 1989 -1990
1989-90 1989-90
DEPARTMENT / PROJECT CAPITAL PROPOSED AMENDED
PUBLIC UTILITIES IMPROVEMENTS AMENDMENT BUDGET TOTAL
800 N 1000-1200 W 1600 FT 42IN 350,000 350,000
800-700 S 500 W 1-15 2400 FT 225,000 225,000
4800 W 700-1300 S 4500 FT 24IN 500,000 500,000
NW QUADRANT LINE 1,000,000 1,000,000
5600 W_,2100 SOUTH 1,800,000 1,800,000
3500 W.,500-1800 SOUTH 1,800,000 1,800,000
5TH SOUTH TO P.STATION 1,437,803 1,437,803
TOTAL TRUNK & COLLECTION LINES 8,732,803 0 8,732,803
EQUIPMENT
AUTOMOBILES AND TRUCKS 158,000 181,400 339,400
FIELD MAINTENANCE EQUIPMENT 74,000 50,888 124,888
TREATMENT PLANT EQUIPMENT 290,000 5,000 295,000
TELEMETERING EQUIPMENT 20,000 20,000
OFFICE FURNITURE & EQUIPMENT 13,000 8,600 21,600
OTHER EQUIPMENT 111,650 7,215 118,865
TOTAL EQUIPMENT 666,650 253,103 919,753
TOTAL CAPITAL OUTLAY 14,834,453 921,703 15,756,156
4c
WATER UTILITY
ENTERPRISE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
Revenues
Sales/Charges for Services $18,662,000 $ - $18,662,000
Rate Increase 1,969,746 - 1,969,746
Interest Income 350,000 - 350,000
Other Revenue 972,000 - 972,000
Total Revenues 21,953,746 0 21,953,746
Other Sources
Grants/Other Related Revenue 275,000 2,025,000 2,300.000
Transfer from Reservoir &
Supply Line Fees 26,300 - 26,300
Bond Proceeds - - -
Loan From Sewer Utility 1,500,000 - 1.500,000
Loan From Metro. Water Dist. - 475,000 475,000
Reserve for Improvements 500,000 2,213,700 2,713,700
Total Other Sources 2,301,300 4,713,700 7,015,000
Total Resources $24,255,046 $4,713,700 $28,968,746
Uses
Expenditures
Personal Services $7,820,943 $ - $7,820,943
Operating and Maintenance 1,184,750 - 1,184,750
Travel/Training 19,000 - 19,000
Utilities 1,667,450 - 1,667,450
Professional & Tech. Service 476,000 - 476,000
Contractual Services 29,000 - 29,000
Interfund Charges:
Data Processing 390,600 - 390,600
Fleet Maintenance 495,540 - 495,540
Risk Management 74,000 - 74,000
Gen.Fund Admin.Service Fee 570,709 - 570,709
Transfers
Metrop. Water Purch. & Treat 2,700,000 - 2,700,000
Other Charges & Services 123,700 - 123,700
Total Expenditures 15,551,692 0 15,551,692
Other Uses
Capital Outlay 651,384 485,700 1,137,084
Capital Improvements Budget 5,170,190 4,228,000 9,398,190
Debt Service:
Principal 999,350 - 999,350
Interest 1,882,430 - 1,882,430
Total Other Uses 8,703,354 4,713,700 13,417,054
Total Uses $24,255,046 $4,713,700 $28,968,746
5
PUBLIC UTILITIES
WATER UTILITY FUND
PROJECT DETAIL FOR PROPOSED BUDGET AMENDMENT
FOR YEAR 1989 -1990
1989-90 1989-90
DEPARTMENT / PROJECT CAPITAL PROPOSED AMENDED
PUBLIC UTILITIES IMPROVEMENTS AMENDMENT BUDGET TOTAL
CARRY OVER PROJECTS
CALIFORNIA GLADIOLA TO PIONEER 475,000 475,000
NORTH TEMPLE 2200 - 3800 WEST 120,000 120,000
GLADIOLA CALIFORNIA TO 500 SOUTH 330,000 330,000
BASKIN RESERVIOR COVER 140,000 140,000
FAYETTE AVE MAIN TO WEST TEMPLE 30,000 30,000
1100 EAST AND 4800 SOUTH WELL 50,000 50,000
AFFLECK PARK WATER LINE 8,000 8,000
700 WEST 1700 TO 2100 SOUTH 250,000 250,000
BUDGETED 1989-90 PROJECTS
IMPROVEMENTS TO PARLEY'S PLANT
ENGINEERING 200,000 200,000
OAK HILLS RESERVOIR AND LINE 350,000 350,000
62ND SOUTH PUMP STATION 60,000 60,000
WALKER LANE WELL 50,000 50,000
TANNER RESERVOIR 150,000 150,000
900 WEST 2100 TO 2250 SOUTH 140,000 140,000
2500 SOUTH 800 TO 900 WEST 42,000 -42,000 0
300 EAST 1700 TO 2100 SOUTH 360,000 360,000
FRONTAGE ROAD 1600 TO 2000 NORTH 145,000 -145,000 0
700 WEST 1300 TO 2100 SOUTH 286,000 -286,000 0
1300 WEST ILLINOIS TO MEAD AVE 48,000 48,000
CATHERINE ST 1000 N TO GCODWIN 39,000 39,000
BECK STREET 900 TO 1300 NORTH 31,057 136,000 167,057
OAKLEY STREET 1200 NORTH /DUPONT 35,000 35,000
PUBLIC WORK PROJECTS 50,000 50,000
FIRE HYDRANT REPLACEMENT 30,000 30,000
VALVES 20,000 20,000
DONATED LINES 100,000 100,000
VARIOUS WATER LINES 52,433 50,000 102,433
900 WEST 2250 TO 2500 SOUTH 0
AND 2500 SOUTH 800 TO 900 WEST 183,000 183,000
EASTWOOD DRIVE 4,000 25,000 29,000
WARR ROAD 38,000 38,000
2700 EAST NORA DR TO NILA WAY 75,000 25,000 100,000
TOTAL PROJECTS 2,488,490 1,166,000 3,654,490
5a
PUBLIC UTILITIES
WATER UTILITY FUND
PROJECT DETAIL FOR PROPOSED BUDGET AMENDMENT
FOR YEAR 1989 -1990
1989-90 1989-90
DEPARTMENT / PROJECT CAPITAL PROPOSED AMENDED
PUBLIC UTILITIES IMPROVEMENTS AMENDMENT BUDGET TOTAL
NEW PROJECTS
13TH SOUTH REDWOOD TO 8TH WEST 1,200,000 1,200,000
IMPROVEMENT TO PARLEY' S PLANT
CONSTRUCTION
(TOTAL PROJECT 12 MILLION) 1,540,000 1,540,000
TETON TANKS TO CRESTWOOD DR 22,000 22,000
TOTAL NEW PROJECTS 0 2,762,000 2,762,000
NEW SERVICES
SMALL METER REPLACEMENT PROGRAM 421,200 421,200
NEW SERVICES 135,000 135,000
SERVICE LINE REPLACEMENT 500,000 500,000
LARGE METER RERPLACEMENT PROGRAM 65,500 300,000 365,500
1,121,700 300,000 1,421,760
OTHER EQUIPMENT
WATER STOCK 30,000 30,000
LAND PURCHASES 1,500,000 1,500,000
CULVERTS FLUMES & BRIDGES 30,000 30,000
TRUCKS AND HEAVY EQUIPMENT 400,000 263,000 663,000
PUMPING EQUIPMENT 52,000 5,500 57,500
TELEMETERING 15,000 185,000 200,000
TREATMENT PLANT EQUIPMENT 47,800 16,200 64,000
OFFICE EQUIPMENT 34,489 6,000 40,489
OTHER EQUIPMENT 102,095 10,000 112,095
BUDGETED OTHER EQUIPMENT 2,211,384 485,700 2,697,084
TOTAL CAPITAL OUTLAY 5,821,574 4,713,700 10,535,274
5b
FLEET MANAGEMENT
INTERNAL SERVICE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
Revenue
Charges for Services $4,659,104 $ - $4,659,104
Other Revenue ' 83,000 - 83,000
Total Revenue 4,742,104 0 4,742,104
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 425,000 1,514,875 1,939,875
Total Other Sources 2,594,500 1,514,875 4.109,375
Total Resources $7,336,604 $1,514,875 $8,851,479
Uses
Expenditures
Personal Services $1,984,437 $ - $1,984,437
Materials and Supplies 1,995,500 - 1,995,500
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-G.F. 231,453 - 231,453
Contractual Services 70,000 - 70,000
Other Charges and Services 34,775 - 34,775
Total Expenditures 4,650,080 0 4,650,080
Other Uses
Transfer to General Fund - - -
Capital Outlay:
Maintenance 77,000 - 77,000
Vehicles 2,604,500 1,514,875 4,119,375
Contingency 5,024 - 5,024
To Reserve/Fund Balance - - -
Debt Service:
Lease Principal - - -
Lease Interest - - -
Total Other Uses 2,686,524 1,514,875 4,201,399
Total Uses $7,336,604 $1,514,875 $8,851,479
6
RISK MANAGEMENT
INTERNAL SERVICE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
Revenue
Insurance Premiums $11,453,377 $33,000 $11,486,377
Other Revenue - - -
Total Revenue 11,453,377 33,000 11,486,377
Other Sources
Interest 35,000 - 35,000
Transfer from General Fund - - -
From Reserves/Fund Balance 47,600 - 47,600
Total Other Sources 82,600 0 82,600
Total Resources $11,535,977 $33,000 $11,568,977
Uses
Expenditures
Personal Services $1,035,471 $ - $1.035,471
Charges and Services 129,043 - 129,043
Claims 201,560 - 201,560
Insurance Premiums 9,331,814 33.000 9,364,814
Prescriptions - - -
Administrative Fees - - -
Admin. Service Fees-G.F. 76,665 - 76,665
Other Expenses 17,694 - 17,694
Total Expenditures 10,792,247 33.000 10,825,247
Other Uses
Capital Outlay 1,500 - 1,500
Contingency 454,630 - 454,630
Interest - - -
Transfer to General Fund 47,600 - 47,600
To Reserve/Fund Balance 240,000 - 240,000
Total Other Uses 743,730 0 743,730
Total Uses $11,535,977 $33,000 $11,568,977
7
CAPITAL PROJECTS FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget Carryover 9/19/89 Budget
1989-90 Budget Amendments 1988-89
Resources
Transfer from General Fund $4,980,000 $ - $ - $4,980,000
CDBG 1,607,150 - - 1,607,150
Salt Lake County 639,635 - 450,000 1,089,635
Class 'C' Road Fund 1,250,000 - - 1,250,000
Redevelopment Agency of SLC 1,636,000 - 45,000 1,681,000
Bond Proceeds 1,850,000 - - 1,850,000
Property Owners 2,415,000 - 20,000 2,435,000
Charges for Services 203,500 - - 203,500
State of Utah - - 4,256 4,256
Carryover Funds - 12,122,923 - 12,122,923
Total Resources $14,581,285 $12,122,923 519,256 $27,223,464
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 - - 1,620,000
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 - - 480,000
Median Island Design 25,000 - - 25,000
Central City 5,000 - - 5,000
East Central 8,000 - 50,000 58.000
Sugarhouse 35,000 - - 35.000
Future Street Redesign 15,000 - - 15,000
400 West Streets - - 40,000 40,000
Main Street Curb & Gutter - - 20,000 20,000
Total Street Improvements 6,178,000 - 110,000 6,288,000
Drainage Improvements:
State Street 425,000 - -24,000 401,000
Main Street 395,000 - 29,000 424,000
South Temple-'M'/'O' Streets 250,000 - - 250,000
500 West-250/530 North 9,000 - - 9,000
Total Drainage Improvements 1,079,000 - 5,000 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 - - 1,850,000
Tracy Aviary 150,000 - - 150,000
Fire Station #10 Construction 305.000 - - 305,000
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
Total Parks and Pub. Fac. 6,475,000 - 450,000 6,925,000
% for Art 16,400 - - 16,400
Contingency 832,885 - -50,000 782,885
slippage - - 4,256 4,256
Carryover Projects - 12,122,923 - 12,122,923
Total Projects $14,581,285 $12,122,923 $519,256 $27,223,464
8
COMMUNITY DEVELOPMENT BLOCK GRANT
OPERATING FUND
SPECIAL REVENUE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1988-89
Resources
1989 (15th Year) Entitlement $2,539,850 $ - $2,539,850
Prior Year Entitlements - 1,255,801 1,255,801
Total Resources $2,539,850 $ - $3,795,651
Uses
Prior Year Projects $ - $1,255,801 $1,255,801
Current Year Projects
New Hope Cultural Center 16,000 - 16,000
Capitol West Boys/Girls Club 28,500 - 28,500
Housing Rehabilitation 700,000 - 700,000
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 - 35,500
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 - 20,000
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 - 56,250
SLACC Administration 50,000 - 50,000
Total Projects $2,539,850 $1,255,801 $3,795,651
9
DEPARTMENT OF DEVELOPMENT SERVICES
ROSEMARY DAVIS Capital 'Planning and Programming
DIRECTOR CITY AND COUNTY BUILDING
451 SOUH STATE STREET, SUITE 404
SALT LAKE CITY, UTAH 84111
535-7902
August 25, 1989
TO: Steve Fawcett, Budget Manager}
FROM: Rosemary Davis, Director `�`-'
Capital Planning & Programming
RE: SEPTEMBER BUDGET OPENING
Recommendations: That you include the following items in the
September budget opening: reappropriation of the following CDBG
projects by program year; a budget amendment to Community and
Economic Development; Planning and Zoning contractual services
budget; a budget item recognizing RDA Rental Rehab funds; a
budget amendment to Public Works Transportation Division; and a
budget amendment to Public Works CIP Projects. The specifics
follow:
[14th YEAR CDBG
Current Carryover
ProjeGt!Number Budget Budget
31,383 .90
t \Rehab,A Loans y&O 1900 3 2 Grants/9601901 813,502 165,307 .94
—Rape Crisis Center/9601904 25,000 25, 000 . 00
Assist-EHR/9601907e House aRO OA'.k,hw)row ,�tmp 15,000 14,537 . 82
reFPPrt�Prwttw 215,0 0 0 26,810 . 38
Neighborhood Self-Help/9601910-0(Aa c 25,000 20,182 .73
SLC Housing Resource Board/9601911-ma40* 3,000 750 . 00
Neighborhood Attorney/9601912 pe tte1 to. 5, 0001a1 hc'5(3 242 .00
New Women' s Family Shelter/9601915-f0WU 175 , 000( I+o-r' 175,000. 00
Crime Prevention/9601916-? Ce I 'y 5 70 ,000 f ��� 2,706 . 03
Environmental Assessment/96019 7-?lanntri,) Admin�b 7,800• ulKment 838 .53
W. Side Food Pantry/9601918-1roc&y,+ni nulls 24, 000 5, 272 . 12
Housing Outreach Rental/9601919 jar n� hslly 33 , 131 6 ,996 . 50
YMCA Mechanical System Imp. /9601920 15 , 000 9 , 950 . 94
toAS db problems• work betm do a- rictivt 1164)9a
ol'oin it It s
amp m Nowt, i,IpertiA-e
SEPTEMBER BUDGET OPENING v,,l(\1'� V7l ' lt�
August 25, 1989 tom' '
Page 2 �,�1
�'" Current Carryover
14TH YEAR CDBG CONTINUED Budget Budget
1►
Community Affairs/9601921' 45,000 43,V e 378 . 10
Operation Paintbrush/9601926-lo c Wirv4ef dill 5 41,000 ' 8,493.13
Cleaning & Securing Vac. Prop/9601927 20,000 11,099 .80
Salt Lake Historic Survey/9601928-0Arotn5 26,000 21,000. 00
SL Comm. Progress Survey/9601929- " �' 7,000 7,000. 00
SL Comm. Prog. Survey Pub./9601930 4,500 4,500.00
Westside Senior Citizens/9601951-ham arlb�d> 1,200 1,200 .00
Operating Contingency/960193k. k L20,085 20,084 .86
Urban Homestead/9601952 \ 125,000 125,000 .00
NtO bey 7( 1 t .
TOTAL 2,154,318 686,734 .78
1"3TH YEAR CDBG �►�t`IS
Pro j ect/Number ` s al• (2a ,
oAv-
J:3 - (� btui '1
New Hope Cultural Center/9601809. 1 W*�to, 'b 10,000 445 . 31
First Step House Imp./9601821-1,5c 46,000 1,992.50
Community Affairs/9601827 -Ndm'h 43,163 1,563 .30
State Street Landscape Plan/9601825-1'14^^t"5 17,400 9,636 .88
Capital Planning Admin./96018264%41 tt • 203,444 12,821 .58
Operating Slippage/9601899_e C,,,41 35,946 35,945.68
TOTAL 355,953 62,405 .25
VI-
12TH YEAR CDBG
Project/Number ALVn '
Percent for Art Allocation/9601714' C0,01-Ctt
4,000 2,000 .00
Attorney Admin/9601727_Arlmh . 58,721 27 ,644 . 88
Capital Planning Admin/9601729-P \ 10,125 873 .44
Housing Assist Plan/9601733.O(' ii S'' e5 5,800 4, 262 .58
Foothill Open Space Plan/9601734 -Gunn+65 32,500 14,656 . 23
Wasatch Canyon Master Plan/9601712-Pm' 4(003 27,500 3,299 . 94
Constituent Relations/9601738`1- SUy0A040,052 1,663 . 78
Arts Council Neigh. Aware/9601746- 10 t' 10,000.cmD'k) 3,181 . 00
Comm. Garden Hook-up/9601749C1cwOoPiti-- "`"" 3,400 2,855 . 00
District Heating & Cooling/9601752'( W6 15,000 604 . 10
Conference of Neighborhoods/96017551V? 4,783 4,783 . 00
Comp. Downtown Parking Plan/9601756-5 17,500 17 ,500 . 00
Land WrigIt Down/9601750 Wvkv 147 ,500 145,386 . 00
\
..b 'cr- e1.2 TOTAL 1,\..pve 576,881 228,709 . 95
t
9b
0 !(taj)0
SEPTEMBER BUDGET OPENING '(J• U'"
August 25, 1989 '
Page 3 \%
OiC.
�
Current Carryover
11th YEAR CDBG Budget Budget
Project Number 0 0*'1
Westside Comm. Master Plan/9601639'141°v 41,475 28,439 . 24
Foothill Open Space Plan/9601641 .40" y 45,000 14,777.65
Exp. & Comp. of E. Cent. Plan/960164594' 13,000 1,796 .79
Percent for Art Allocation/9601646 .\cort,‘MC1444 4,495 730.40
Housing Att. Legal Advice/9601650.401A " 6., 83,888 24,857 .31
Capital Planning Admin./9601658. PAr+K 268,284 42,309 .96
Capital Hill Revolving Fund/9601661h6p,o)' 50,052 42,782.80
Constituents Relations/9601648 ge"w' 61,145 6 ,864 .68
Finance Support/960011655 4� 40,000 19,199 . 85
TOTAL 0L6 607,339 181,758. 68
`10TH YEAR CDBG
Project/Number
Westside Community Mst. Plan/9601537' ' 40,000 18,268.54
Publish Master Plans/9601539 -0a•- 62,500 21,432.68
Master Plan Updates/9601540- 04 46,000 20,918.41
Revised Zoning Ordinance/9601544 -01,7k 30,000 1,200.53
Historic/Architect Survey/9601545 -9' 26,000 892.45
Property Mgmt. Plan Asst. /96015471.W-,Au�, 25,000 8,148. 61
Finance Support/96015113v , • �� ' 19,656 3,937 .39
TOTAL V e o 249, 156 74,798. 61
9TH YEAR CDBG 7„aP
Project/Number
Capital Planning Admin/9601440 - ' 191,716 116 .58
Comp. Downtown Master Plan/9601466 -X01'"I"' 17,500 17 ,500. 38
Finance Support/9601454M01\ . 9,600 3,460.36
TOTAL 218,816 21,077 . 32
6TH YEAR CDBG
0b Project/Number ip • �5 0ik
IJISego Park Development/9600770W. 105 ,730 316 . 00
\ir
TOTAL 105, 730 316 . 00
ThrkL ?ILL /, .Z5-6; 800,6 q
9c
GRANT OPERATING FUND
SPECIAL REVENUE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 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
Prior year grant balances - 647,442 647,442
Total Resources $487,491 $888,442 $1,375,933
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 - 221,000 221,000
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
Total Uses $487,491 $888,442 $1,375,933
10
CENTRAL BUSINESS IMPROVEMENT DISTRICT
SPECIAL REVENUE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
Revenue
Interest $10,000 $- $10,000
Business License Permits 115,000 - 115,000
Total Revenue 125,000 - 125,000
Other Sources
From Reserve/Fund Balance 20,107 20,000 40,107
Total Other Sources 20,107 20,000 40,107
Total Resources $145,107 $20,000 $165,107
Uses
Expenditures
Operating and Maintenance $73,207 $- $73,207
Charges and Services 59,400 20,000 79,400
Total Expenditures 132,607 20,000 152,607
Other Uses
Contingency 12,500 - 12,500
Total Other Uses 12,500 - 12,500
Total Uses $145,107 $20,000 $165,107
11
CENTRAL FIRE DISPATCH
INTERNAL SERVICE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 Budget
1989-90 Amendments 1989-90
Resources
From Reserve/Fund Balance $100,000 $36,255 $136,255
Total Resources $100,000 $36,255 $136,255
Uses
Transfer to General Fund $100,000 $36,255 $136,255
Total Uses $100,000 $36,255 $136,255
12
BUILDING RESTORATION
DEBT SERVICE FUND
BUDGET SUMMARY
FY 1989-90
Amended
Budget 9/19/89 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 1,534,155
Total Resources $1,954,155 $3,366,500 $5,320,655
Uses
Expenditures
Interest expense $120,000 $2,691,500 $2,811,500
Principal 300,000 675,000 975,000
Total Expenditures 420,000 3,366,500 3,786,500
Other Uses
Transfer to Gen. Fund 1,534,155 - 1,534,155
To Reserve/Fund Balance - - -
Total Other Uses 1,534,155 0 1,534,155
Total Uses $1,954,155 $3,366,500 $5,320,655
13
STAFFING DOCUMENT
SUMMARY
FISCAL YEAR 1989-90
FULL-TIME POSITIONS FULL-TIME EQUIVELENT POSITIONS
Adopted 9/19/89 Amended Adopted 9/19/89 Amended
DEPARTMENT 1989-90 Amendments 1989-90 1989-90 Amendments 1989-90
ADMINISTRATIVE SERVICES - - - - - -
ATTORNEY 18.70 - 18.70 20.70 - 20.70
COUNCIL 13.00 - 13.00 13.13 - 13.13
DEVELOPMENT SERVICES 79.00 - 79.00 82.70 - 82.70
HUMAN RESOURCES - - - - - -
HUM RES MGMT & ADMIN SER 55.50 - 55.50 58.28 - 58.28
FINANCE 59.00 1.00 60.00 64.58 1.00 65.58
FIRE 378.67 - 378.67 380.25 - 380.25
MAYOR 16.00 - 16.00 17.28 - 17.28
PARKS 80.13 - 80.13 148.88 - 148.88
POLICE 387.00 - 387.00 434.48 - 434.48
PUBLIC WORKS 235.60 - 235.60 260.83 - 260.83
GENERAL FUND TOTAL 1322.60 1.00 1323.60 1481.11 1.00 1482.11
AIRPORT 233.00 5.00 238.00 238.67 5.00 243.67
GOLF 29.87 - 29.87 50.97 - 50.97
PUBLIC UTILITIES 354.00 - 354.00 383.73 - 383.73
GARBAGE 19.40 - 19.40 20.03 - 20.03
ENTERPRISE FUND TOTAL 636.27 5.00 641.27 693.40 5.00 698.40
DATA PROCESSING 44.00 - 44.00 45.95 - 45.95
FLEET MANAGEMENT 61.00 - 61.00 61.00 - 61.00
RISK MANAGEMENT 8.50 - 8.50 8.50 - 8.50
CENTRAL FIRE DISPATCH 0.00 - 0.00 0.00 - 0.00
E911 10.33 - 10.33 10.33 - 10.33
GOVERNMENT IMMUNITY 0.30 - 0.30 0.30 - 0.30
INTERNAL SERVICE FUND 124.13 0.00 124.13 126.08 0.00 126.08
TOTAL
TOTAL POSITIONS 2083.00 6.00 2089.00 2300.59 6.00 2306.59
14
AKF
i1 GL
BOARD Elaine B.Weis, Chair • ....kW:'. PALMER A. DEPAULIS, Mayor
D F7:,
' `" IL LOUIS E. MILLER
Curtis E.Ackerliiui,Jr. • J.Alan Blodgett • Don A.Mackey ;.,;.•.!;:r.
Eddie P. Mayne • Joseph Rosenblatt A r ° Director of Airports
Patrick A. Shea • Thomas K.Welch
,(r AU '- o
July 11, 1989
W.M. (Willie) Stoler, Chairman and
Members of the Salt Lake City Council
City & County Building, Room 303
Salt Lake City, Utah 84111
SUBJECT: AMEND THE AIRPORT AUTHORITY'S FY 1989-90 BUDGET FOR SUPERVISION OF
THE GROUND TRANSPORTATION STARTER SERVICE AT THE SALT LAKE CITY
INTERNATIONAL AIRPORT
Dear Chairman Stoler & Members of the City Council:
RECOMMENDATION: Amend the Airport Authority's FY 1989-90 Operating Budget
relating to the addition of 5 new full time operations officers to provide
supervision of the ground transportation operations at the Salt Lake City
International Airport.
FISCAL IMPACT: The recommended increase for FY 1989-90 amounts to a $97,100
increase in personnel costs which is equal to 70Z of the total annual cost to
fund the five new FTE operations officer positions .
DISCUSSION: At the direction of the Airport Authority Board, I have completed
my review of the available options for providing better passenger service
relating to the Ground Transportation "Starter Services" currently being
provided by each of the numerous companies operating at the Salt Lake City
International Airport.
- The attached report will provide you with a good understanding of the
background of the changes in the ground transportation regulations and the
process we used to reach our final recommendations which consist of the
following:
1. The Airport Authority will provide "supervision and
regulation" at the ground transportation counters and the
individual companies will continue to provide their own starters .
2. The ground transportation facilities will be expanded in both
of the terminal buildings to increase the level of service and meet
the increased demands created by the different types of ground
transportation providers .
Salt Lake City Airport Authority • AMF Box 22084, Salt Lake City, Utah 84122•(801)575-2400 •Telefax: (801) 575-2679
( .-
Salt Lake City Council
July 11, 1989
Page Two
3. A "call-up" system will need to be developed and installed to
provide better communication between the staging areas and the
terminal commercial roadway system.
4. The additional costs relating to this recommendation will
be approximately $138,500 annually. We would recommend that we NOT
increase the ground transportation charges at this time and that we
take this cost into consideration, in addition to amortization of
the capital costs, when we complete the Parking Structure and
Roadway Development Project in 1991. At that time, we will be in
a position to study all of the off airport operators and assess the
appropriate fees and charges for conducting business operations at
the Salt Lake City International Airport.
As you will recall, I had committed to you to have the report completed
and a final recommendation by June 30, 1989. Based on the schedule of the
Airport Authority Board, it was not possible to meet this date and final
acceptance of my recommendations was not received until July 5, 1989.
We provided the ground transportation companies with a copy of the draft
report and invited them to attend the Airport Authority Board meeting on July
5, 1989. The comments we received at the meeting were favorable and not one
of the providers voiced opposition to the recommendations.
Therefore, it is respectfully requested that the City Council amend the
Airport Authority' s FY 89-90 Budget to increase our authorized expenditures
for personnel costs by $97,100 and our authorized position list by 5 FTE
positions to reflect the new operations officers.
Respectf lly submitted,
Louis E. Miller
GROUND TRANSPORTATION STARTER SURVEY
SALT LAKE CITY AIRPORT AUTHORITY
JUNE 1989
` The purpose of this study is to review the current practices and
recommend changes to the delivery of ground transportation services at the
Salt Lake City International Airport.
Basically, the study was structured as follows: (1) an inventory process
reviewing current levels of services provided; (2) a review of physical
facilities; and (3) a review of options available for consideration.
Background
Ground transportation services have generally been somewhat self-
regulating in that, historically, there has always been more demand than
supply. In 1987, the State of Utah passed what was essentially a motor
carrier deregulation act. The major thrust of this legislative change was to
deregulate the motor carrier industry, particularly in the area of intrastate
commerce. No longer was it necessary for companies interested in providing
service to prove "convenience and necessity." The new standard established
was basically a standard of fitness. This substantial change allowed a number
of new entrants into the commercial motor vehicle transportation business.
These businesses became licensed and started operating at the Salt Lake City
International Airport providing transportation service primarily to skiers.
With the increased competition, we began to experience a substantial
increase in the number of problems relating to ground transportation services.
The traveling public was not receiving reliable information on transportation
services and there were problems and conflicts among and between the various
service providers.
The ordinances regulating commercial ground transportation services
within the city were generally adequate pri.:,r to the deregulation act;
however, the deregulation act in essence created the necessity to change the
City' s ordinances. That task has been accomplished and provides a strong
framework in which to regulate commercial services at the airport.
Page 1
With the issue of adopting new ordinances behind us , it has become
apparent that a method to enforce these regulations needed to be reviewed.
This study focuses on the three most obvious options available for us to
remedy the problem of regulating service providers at the airport. The three
options are as follows :
Option 1: No substantive change and stricter enforcement by on-duty staff.
Option 2: The Airport Authority provide all starter coordination for the
commercial operators.
Option 3: The Airport Authority provide supervisory and law enforcement
oversight of the company-provided starters.
With these three options being identified, the inventory process was
initiated. The staff developed a survey (Exhibit I) which was mailed to all
companies providing commercial ground transportation services at the airport.
Reasonable success was experienced in receiving comments from the providers.
The results of the survey and the recap of the comments are discussed later in
this study. Additionally, observations of the ground transportation
facilities were made by the Airport staff.
After completion of the survey data, staff began a more thorough review
of the requirements for staffing and operating under Options 2 and 3. No
serious consideration was given to Option 1 as a feasible option, but is used
as a base case comparison to Options 2 and 3.
As a general element of the study, staff identified the advantages and
disadvantages of each of the two options.
Following the study of the issues, we have made a series of
recommendations listed in the last section of this study.
Page 2
Survey Process
On January 26, 1989 , a survey containing ten questions was provided to
all of the ground transportation providers operating at the Salt Lake City
International Airport. All but three of the companies returned the survey.
Some of the information requested in the survey was of a proprietary
nature; in particular, the number of passengers transported and the salaries
paid to employees. Therefore, this information is addressed in the aggregate
or as an average.
The following is the actual survey information. It reflects the question
asked on the survey, explains briefly why the information was requested,
outlines the survey results and identifies which companies did not respond to
the question. For the purpose of this survey, companies have been grouped by
service type. These service types are consistent with the current city
ordinances.
Question No. 1
Question: What are your hours of operation? Please list the number of hours
you have a starter each day for each terminal .
Reason: This question was asked to get an idea of what the staffing levels
for starters needs to be during different months of the year for
each terminal building.
Page 3
i-yam
Results: During the winter months (November to March) starters are available
in both terminals from 8:30 a.m. until midnight on a daily basis.
The breakdown is as follows:
8:30 - 9:00 a.m. 2 Starters
9:00 - 10:00 a.m. 6 Starters
10:00 - 11:00 a.m. 7 Starters
11:00 a.m. - Noon 6 Starters
12:00 - 4:00 p.m. 7 Starters
4:00 - 8:00 p.m. 6 Starters
8:00 - 12:00 p.m. 5 Starters
During the summer months (April to October) starters are available
in both terminals from 9:00 a.m. until 10:00 p.m. The breakdown is
as follows:
9:00 - 10:00 a.m. 2 Starters
10:00 - Noon 4 Starters
12:00 - 1:00 p.m. 4 Starters
1 :00 - 8:00 p.m. 5 Starters
8:00 - 9:00 p.m. 3 Starters
9:00 - 10:00 p.m. 2 Starters
No Response: Transki , Presidential , Elite
Question No. 2
Question: What do you currently pay your starters (hourly rate)?
Reason: This question was asked to determine what the costs would be to
provide starter services.
Results: The following are averages for each type of service.
Limousine Service: $5.00 per hour
Scheduled Service: $6.40 per hour plus commission
Unscheduled Service: $6.00 per hour
Taxicab Service: $5.50 per hour
No Response: Lewis Brothers, Transki , Presidential
Question No. 3
Question: Who handles money (driver or starter)?
Page 4
lY \
Reason: This question was asked to determine whether the starter, if
provided by the Airport, would be responsible for handling money
for the different companies.
Results: The results show who collects fees. The number indicates how many
companies in each service group use the driver, the starter, or
both to collect their fees.
Service Type Driver Starter Driver & Starter
Limousine Service 2 1
Scheduled Service 2
Unscheduled Service 2 1 2
Taxicab Service 3
No Response: Presidential
Question No. 4
Question: What forms of payment are acceptable?
Reason: This question was asked to determine what set up would be required
for handling money received by starters.
Results: For companies making credit card transactions , only Visa, Master
Card, and American Express are accepted. A few companies will
accept checks.
Question No. 5
Question: Estimated number. of passengers which your company transports from
the airport by month.
Reason: This question was asked to determine the peak periods and number of
passengers requiring ground transportation services at different
times of the year. This information will help in determining
staffing levels of starters.
Page 5
Results: Each company estimated the number of .passengers_ they transport per
month. The information presented is a total of those estimates.
Limousine Scheduled Unscheduled Taxicabs Total
January 136 2269 32,160 16,400 50,965
February 136 2450 35,718 17,000 55,304
March 136 2259 41,450 16,000 59,845
April 57 2099 19,435 9,000 30,591
May 49 2070 1 ,194 9,000 12,313
June 43 2070 1,612 9,000 12,725
July 43 2070 2,382 11 ,000 15,495
August 43 2070 3,300 12,000 17,413
September 43 2070 3,322 8,000 13,435
October 57 2070 1,576 8,000 11 ,703
November 57 2085 11,390 10,000 23,532
December 71 2365 18,400 18,000 38,836
TOTAL 871 25,947 171,939 143,400 342,157
Question No. 6
Question: Do you receive telephone inquiries at the booth? If so, what is
the nature of the calls.
Reason: This question was asked to determine the level of utilities and
telephone service the Airport Authority would need to provide.
Results: The results show the number of companies, by service type, that
require telephone service.
Limousine Scheduled Unscheduled Taxicabs
Yes 2 3 3
No 4 2
Comments: One option is to provide a common telephone number for the ground
transportation booth and have starters forward callers requesting a
particular company to additional phones located in the ground
transportation area. These calls may then be picked up by the
requested company.
Page 6
Question No. 7 _
Question: What type of call-up system would you like to use for the starter
to call up the driver?
a. Light System (sign with all company names and have company name
light up when needed)
b. Radio System
c. Inbound Toll Booth
d. Other. Please Explain.
Reason: This question was asked to gain an understanding of what type call-
up system would be most acceptable to the transportation
providers.
Results: The initial results of this question were not conclusive which may
have been a result of the language used and the concepts not
clearly understood. This issue may need to be resurveyed. The
best solution from an efficiency standpoint would be to have all
operators on a common radio network; however, as a practical
solution, this is unworkable. This would require each company to
establish a radio system and install common radio equipment in all
vehicles. We believe the most practical approach is the adoption
of a call-up system which would be activated by a ground
transportation "supervisor" calling up vehicles located in a
remote parking area. This concept will require more study.
Question No. 8
Question: How do starters currently communicate with drivers?
Reason: This question was asked to gain an understanding of the current
practices for communicating between drivers and starters and to
is
determine if practices being used could be implemented into a
common system.
Page 7
Results: Presently the starters use either a radio system, mobile phones, or
communicate verbally to coordinate travel with the drivers.
Question No. 9
Question: On what basis should starter costs be allocated to the various
companies? (per passenger, per vehicle, vehicle size, vehicle
weight, destination, other) .
Reason: This question was asked to see how the majority of the companies
would like to be charged for starter services if provided by the
Airport Authority.
Results: Limousine Service: Per Vehicle
Scheduled Service: Per Passenger
Unscheduled Service: Per Passenger
Taxicab Service: Per Passenger
No Response: Canyon, Park City, Lady Jane,
Question No. 10
Question: How many starters do you feel the Airport will need to provide?
What are your recommendations on the staffing levels and hours of
operation?
Reason: This question was asked to gain a perspective of the employees who
work in the booth as to how many people it takes to properly man
the area.
Results: The responses to this question overwhelmingly stated that this
approach was totally unacceptable to the operators and that it does
not provide the opportunity for individual companies to represent
their own interests. However, many of the providers indicated that
an airport sponsored supervisor present at the ground
Page 8
transportation booth in each terminal during the hours of operation
would be the best solution. This would allow the individual
companies to present their services and would provide oversight and
proper management of the ground transportation starters.
Staffing Level Analysis
This section of the staff study tries to draw some conclusions about the
staffing levels which will need to be provided under Options 2 and 3. (Option
2 - Airport Authority provided starters and supervisor and Option 3 - Airport
Authority provided supervisor and company-provided starters).
A review of the information indicates that we have an extremely seasonal
demand situation. The statistics show the demand is five times higher during
March than October, with significantly decreased demand during the summer.
For purposes of this analysis winter and summer are as follows.
1. Winter - November 15 - March 31 (20 weeks) 0800-2400 (16 hours/day)
2. Summer - April 1 - November 15 (32 weeks) 0900-2200 (13 hours/day)
Table 1 is a typical staffing level analysis for each of the three
options during the winter months by hour of day. Option 1 shows the current
staffing level . This information was provided by the ground transportation
companies through the survey.
It is important to point out that these staffing levels are shown for
only one terminal building; however, the financial figures to follow reflect
the level of service for both Terminal Unit No. 1 and 2.
Option 2 is a recommended staffing level proposed by the Airport staff.
The breakdown of how staff would be utilized in Option 2 is shown in Table
1-A. Under Option 2, one person would be a designated starter for the taxicab
companies, one for the luxury limousine companies, one for scheduled service,
Page 9
and 3 starters would be dedicated to providing service for unscheduled
transportation providers because the demand for this service is so high. The
luxury limousine starter would most likely be the on-duty supervisor since the
demand for this service is the lowest. In addition, the supervisor could be
the focal point for additional information service about the airport and
points of interest.
Option 3 indicates that the Airport would provide one on-duty supervisor
of transportation services at each terminal during all hours of operation of
the ground transportation center.
Table 2 and 2-A reflect the same information as Table 1 and 1-A with the
exception that it is for the summer months.
Table 1
Starters Per Hour - Winter
Time of Day 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Option 1
Current Staffing 2 6 7 7 7 7 7 7 6 6 6 6 6 5 5 5 0
Option 2
Recommended Staffing 3 6 6 6 6 6 6 6 6 6 6 6 6 6 5 5 0
Option 3
Supervisor Staffing 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0
Table 1-A
Option 2 Staffing Explanation
Time of Day 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Taxicab Starter 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0
Luxury Limo Starter 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0
Schedu-led Service
Starter 1 1 .1 1 1 1 1 1 1 1 1 1 1 1 1 1 0
Unscheduled
Service Starter 0 3 3 3 3 3 3 3 3 3 3 3 3 3 2 2 0
Totals 3 6 6 6 6 6 6 6 6 6 6 6 6 6 5 5 0
Page 10
The number of hours for providing starter service each day, seven days a week
is as follows:
Option 1: 95 hours
Option 2: 91 hours
Includes 16 hours of supervisor pay and 75 hours of starter pay
Option 3: 16 hours for a supervisor
Table 2
Starters Per Hour - Summer
Time of Day 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Option 1
Current Staffing 0 2 2 4 4 4 5 5 5 5 5 5 5 3 0 0 0
Option 2
Recommended Staffing 0 4 4 4 4 4 4 4 4 4 4 4 4 4 0 0 0
Option 3
Supervisor Staffing 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0
Table 2-A
Option 2 Staffing Explanation
Time of Day 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Taxicab Starter 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0
Luxury Limo Starter 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0
Scheduled Service
Starter 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0
Unscheduled
Service Starter 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0
Totals 0 4 4 4 4 4 4 4 4 4 4 4 4 4 0 0 0
The number of hours for providing starter service each day, seven days a week
is as follows:
Option 1: 54 hours
Option 2: 52 hours
Includes 13 hours of supervisor pay and 39 hours of starter pay
Option 3: 13 hours
Page 11
Winter
Option 1: 20 weeks x 95 hours/day x 2 Terminals = 26,600 hours
Option 2: 20 weeks x 75 starter hours x 2 Terminals = 21,000 hours
20 weeks x 16 supervisor hours x 2 Terminals = 4,480 hours
25,480 hours
Option 3: 20 weeks x 16 supervisor hours x 2 Terminals = 4,480 hours
Summer
Option 1: 32 weeks x 54 hours/day x 2 Terminals= 24,192 hours
Option 2: 32 weeks x 39 starters hours x 2 Terminals = 17,472 hours
32 weeks x 13 supervisor hours x 2 Terminals = 5,824 hours
23,296 hours
Option 3: 32 weeks x 13 supervisor hours x 2 Terminals = 5,824 hours
Annual Hours
Option 1: 50,792
Option 2: Starters 38,472
Supervisor 10,304
48,776
Option 3: 10,304
The costs for providing the starters under each scenario are outlined
below.
The information on salaries for this option are estimates based on a
review of the information received by the ground transportation providers.
The wage rates are a weighted average and are fairly reasonable projections of
actual costs, although they are not representative of any one company.
Page 12
Costs Associated With Option #1.
Option 1 identifies a base line of wages expended by all companies under
the current scheme. Because it is assumed that the current starters are
hourly, seasonal employees, FICA was the only additional expense figured in
the calculation.
Average Weighted Salary of Starters $ 5.81
FICA Paid by Employer $ 0.43
Total Salary Per Hour $ 6.24
Total Number of Hours Worked 50,792
Total Cost for Option #1 $316,942
Costs Associated With Option #2
Option 2 shows the calculations for the Airport Authority to provide all
services. The costs associated with salaries are five full-time supervisors
and hourly, seasonal employees to provide starter services.
Estimated Salary for Operations Officer $ 20,298
Estimated Benefits $ 7,412
Estimated Total Salary $ 27,710
Total Number of Hours 10,304
Available Hours Per Employee 1 ,816
Number of Officers Needed 5.67
Assume that Existing Manpower 5.00
will assist with coverage
Annual Cost of 5 new Operations $138,550
Officers
Estimated Salary of Starters $ 6.25
FICA $ 0.47
Page 13
Total Salary Per Hour $ 6.72
Total Hours Required $ 38,472
Estimated Cost for Starters $258,532
Estimated Total Cost for Option 12 $397,082
Additional Costs as Compared to Option #1 $ 80,140
Costs Associated with Option 13
This scenario reviews the financial burden for the addition of full-time
supervisor staff only. This cost indicates there is an additional burden of
$138,550; however, some of this burden can be relieved by the use of the
supervisory staff in other Airport-related functions during non-peak hours.
Cost of Five New Operations Officers $138,550
Continued Existing Cost of Company $316,942
Provided Starters
Estimated Total Costs for Option 13 $445,492
Additional Costs as Compared to Option #1 $138,550
Page 14
1-\
Comparative Analysis of Options 2 and 3
Each of the options have advantages and disadvantages. This section
reviews the features of each option.
Option 2: Airport Authority responsible for providing starters and
supervision.
Advantages
1. More direct control of quality of service.
2. Ability to provide appropriate levels of staffing.
3. Information provided to traveler is potentially more accurate and less
confusing.
Disadvantages
1. Increased costs to operators which may or may not be passed on to
customers. Cost increases for some operators require rate hearings, i .e.
taxicabs.
2. Places Airport in position of increased fiduciary responsibility.
3. Removes opportunity for service providers to present their service on a
competitive basis.
4. Increases Airport staff support requirements substantially, (financial ,
training, personnel , etc. ) .
5. Places Airport in position to be accused of favoritism.
Option 3: Airport provides supervisory staff over operator-supplied starters.
Advantages
1. Reduced costs relative to Option 2.
2. Provides oversight and enforcement while reducing concerns of favoritism.
3. No fiduciary responsibility incurred.
Page 15
•
4. Assures quality control of services.
5. Staffing levels are not subject to seasonal fluctuations.
Disadvantages
1. Less direct control over starters.
2. Staff increases relative to current situation, but considerably less than
Option 2.
Recommendations
The staff recommends that the concept of providing supervision as
outlined in Option 3 be adopted. This recommendation provides supervision at
the ground transportation booth and allows the various companies to be
represented at the booth. Additionally, electing this option does not
preclude the Airport from providing the starter services if this approach is
unsuccessful .
The second recommendation is that facilities be increased to accommodate
the rapid growth which has occurred. This has already begun in T.U. #1 and
will be addressed for T.U. #2 during the expansion for Delta Air Lines.
Staff also recommends that a call-up system be developed and implemented
to make the most efficient use of the terminal curb and available resources.
A thorough review of the rates and charges related to ground
transportation needs to be conducted. The timing on this is perhaps best
staged to coincide with the opening of the parking structure, completion of
the roadway system, and the expansion of T.U. #2.
An ongoing information gathering process needs to be implemented to
further qualify and quantify passenger and vehicle movements related to the
ground transportation industry at the Airport.
Page 16
REVIEW OF THE LITERATURE
Case Studies
A. Controlling Ground Transportation Operations
Hartsfield Atlanta International Airport
By Kenneth E. Minton, Properties Manager
Dept. of Aviation, Atlanta Airport
January 30, 1989
1. Taxi/starters work for Department of Aviation.
2. Using gross receipts formula to recoup costs. Graduated fee structure
for start-up. 1989 = 7%, 1990 = 8%, 1991 = 9%, working toward 10%.
B. Revenue, Legal and Operational Issues of Off-Airport Ground
Transportation Services.
Metropolitan Knoxville Airport.
1. Explains the three year long battle over imposing gross receipt fees
on non-tenant rental car operators.
2. Provides some very good ideas in the form of resolutions/ordinances on
dealing with rental cars, taxicabs, and courtesy cars.
C. Legal Considerations for Regulating Non-Tenant Landside Transportation.
Ronald B. Dent
Yellowstone Airport Manager
Helena, Montana
February, 1985
This paper is an excellent summary of the legal aspects to be considered
in regulating ground transportation services. The paper covers in some
detail the following major issues as they relate to the regulation of non-
tenant landside transportation:
1. The proprietary function
2. Exclusive contracts
3. Public use
4. Interstate Commerce
5. 14th Amendment Guarantees
6. Sherman Antitrust Act
7. Parker Doctrine "home rule chapter"
Page 17
The summary and conclusion statements of this paper are quoted below.
The preceding chapters have been an examination of the
legal precedents which form the body of law regulating the
actions of the airport in respect to its dealings with non-
tenant ground transportation operators. In order to be
useful , however, it is necessary to distill this information
into a few basic tenets.
The airport operator, in managing its facility, does so
in a proprietary capacity as opposed to its governmental
function. The airport has a right and an obligation to
operate its facility efficiently and to control access to
its property in the interests of the safety and convenience
of the traveling public. To accomplish this, the airport
may enter into exclusive contracts with selected ground
transportation operators and regulate the access and
restrict solicitation of non-tenant firms.
Prior to restricting non-tenant operators, the airport
must establish whether or not its roadway is dedicated to
the public use, either by a prescribed manner of dedication
or common law dedication. If the roadway is not dedicated
to the public use, the airport's right to restrict access is
much the same as a private landowner. However, an airport
may not deny access in a manner deemed to place undue
burdens upon an operator engaged in interstate commerce.
In order to deny access to or to unduly restrict a
ground transportation operator engaged in interstate
commerce, the airport must show that it is acting under a
"clearly articulated and affirmatively expressed" state
policy which is "actively supervised" by the state itself
(Parker v. Brown, supra).
Although an airport may not deny access to a ground
transportation operator engaged in interstate commerce or an
operator which is subject to pre-arranged transportation
reservations, the airport may require the operator to obtain
a permit and pay a. fee as long as the fee is reasonable and
not enacted as an exclusionary device. In establishing such
regulations, the airport may differentiate between rental
car vans, hotel/motel courtesy vans , etc. without violating
14th Amendment guarantees.
In general , when establishing restrictive regulations
and establishing fee schedules, in addition to being in
compliance with federal and state laws, the airport must be
able to show that its actions are reasonable and prudent.
Each airport must tailor its specific regulatory actions
according to its own particular set of circumstances.
Page 18
Industry Reports
A. 5th Draft Edition - AOCI Ground Transportation Controls and Charges Task
Force Report.
This report is still in draft form and under legal review prior to
final publication. It was released for our use and review with the strict
understanding that it was for internal airport use and not to be released
to the public.
The task force report is quite comprehensive. It offers an overview
of the current situation , suggests alternatives, and reviews the legal
considerations. The report would serve well as a guide to structuring a
comprehensive ground transportation program.
Policies, Procedures and Ordinances
A review of the work of other airports in regulating ground
transportation operations was conducted. The documents provided useful
concepts which will be considered in future Salt Lake City ordinance reviews.
The documents reviewed are:
A. Memphis-Shelby County Airport Authority Commercial Ground Transportation
Policy
B. Metropolitan Nashville Airport Authority Commercial Ground Transportation
Policy.
C. General Mitchell Field, County Ordinance Relating to Commercial Ground
Transportation Services.
D. Gulf Port - Biloxi Regional Airport Authority Resolution establishing
regulations and fees for taxis and limousines.
E. Ordinance 83-1 ; Requirements for Taxicabs Operating at the Charleston
International Airport.
F. Rules and Regulations for the Operation of Taxicabs , Limousines, Motor
Buses, Charter and Courtesy Vehicles at McGhee Tyson Airport.
G. Resolution 10-81 , Rules and Regulations Regarding Ground Transportation at
Spokane International Airport.
Page 19
`1.
H. Ground Transportation Operating Procedures, Tampa International Airport
September 3, 1987.
1. Regulate by length of vehicle.
2. Taxicabs operate under a license agreement with airport. Define
rights and obligations.
3. Grants a permit and develops a revocation process.
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