HomeMy WebLinkAbout09/21/2021 - Formal Meeting - Meeting MaterialsMINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, MARCH 3, 2020
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The City Council met in Work Session on Tuesday, March 3, 2020, in
Room 326, Committee Room, City County Building, 451 South State
Street.
In Attendance: Council Members Chris Wharton, James Rogers, Andrew
Johnston, Amy Fowler, Analia Valdemoros, Daniel Dugan, and Darin
Mano.
Staff in Attendance: Jennifer Bruno, Council Executive Deputy
Director; Erin Mendenhall, Mayor; Rachel Otto, Mayor’s Chief of
Staff; Katherine Lewis, City Attorney; Allison Rowland, Council
Public Policy Analyst; Nick Norris, Planning Director; Brian
Fullmer, Council Policy Analyst; Samuel Owen, Council Policy
Analyst; Kira Luke, Council Policy Analyst; David Gellner,
Principal Planner; Molly Robinson, Planning Manager; Mayara Lima,
Principal Planner; John Anderson, Planning Manager; Nancy
Monteith, Parks Department Landscape Architect; Kristin Riker,
Public Lands Deputy Director; Vicki Bennett, Sustainability
Director; Megan DePaulis, Senior City Attorney; Debbie Lyons,
Sustainability Deputy Director, Kimberly Chytraus, Senior City
Attorney; Lewis Kogan, Trails and Natural Lands Division Manager;
Lehua Weaver, Council Associate Deputy Director; Marcia White,
Community and Neighborhoods Director; Shellie Finan, Real Property
Manager; Daniel Rip, Housing Policy and Program Manager; Robert
Nutzman, Council Administrative Assistant; Allison Parks, Senior
City Attorney, Lynn Pace, Mayor’s Senior Advisor for
Intergovernmental Affairs; Benjamin Luedtke, Council Policy
Analyst, Lisa Shaffer, Mayor’s Deputy Chief of Staff, Jennifer
McGrath, Community and Neighborhoods Deputy Director; and Scott
Crandall, Deputy City Recorder.
Guests in Attendance: Mary Warner Demuri, Project Architect (Item
2); Kathia Dang, Applicant (Item 2); Kevin Collotzi, Applicant
(Item 3); and Rusty Ballo, Applicant Representative (Item 4).
Councilmember Wharton presided at and conducted the meeting.
The meeting was called to order at 2:05 p.m.
AGENDA ITEMS
#1. 2:06:01 PM RECEIVE A FOLLOW-UP BRIEFING ABOUT AN ORDINANCE
RELATING TO EARLY NOTIFICATION OF THE PUBLIC AND RECOGNIZED
COMMUNITY ORGANIZATIONS FOR LAND USE PROJECTS PURSUANT TO PETITION
NO. PLNPCM2016-00300. The Council initiated this petition to
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TUESDAY, MARCH 3, 2020
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clarify early notification regulations and public outreach. The
purpose of the proposed changes is to increase awareness and
participation by the public for various types of City projects
while still providing a timely review process for applicants. View
Attachments
John Anderson, Nick Norris, and Allison Parks briefed the
Council with attachments. Mr. Norris provided background
information about the proposal including minor changes needed to
provide clarity/consistency, proposal intended to clarify early
notification regulations for public outreach, increasing
awareness/participation for City projects (posting sign on
subject’s property), improving efforts in mailing accuracy,
clarifying outreach events, modifying public hearing process,
managing Staff time/resources with outreach efforts, potential for
developers to attend Community Council meetings, receiving 800
applications per year, general public’s ability to access project
information, specific projects having their own City webpage,
utilizing Citizens Access Portal/Accela, Planning’s webpage having
a “pending projects list” for public access, and how citizens could
more easily get information about projects in their community
(promote involvement).
Councilmember Mano said his district contained a number of
overlapping Community Council organizations and expressed concern
that some residents might not receive notification because they
did not attend additional outreach events.
Mr. Norris said Planning needed to create a "best
practice"/internal policy to direct Staff when dealing with
applications requiring notification within 600-feet.
Councilmember Fowler talked about the potential to add a full-
time community outreach person to work exclusively on community
engagement/outreach efforts for Planning. Ms. Bruno said Staff
could follow-up with Community Engagement (part of Community and
Neighborhoods Department) to gauge current strategies they were
using with Planning and determine if there was room for
bandwidth/expansion.
Further discussion was held on the Council’s interest in
finding more efficient/effective ways for citizens to access
information about applications/projects. Mr. Norris said some
online programs available to the public included “Citizens Access
Portal/Accela” (applications, drawings, maps, etc.), separate
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, MARCH 3, 2020
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webpage for large/complicated projects (providing continual
updates), and a “pending projects list” (providing details,
status, etc.). He further talked about an online “active project
map” which, when first implemented, was the best/easiest way to
find information (real-time map with links to all active
applications City-wide). He said the program also had a direct
link to the “Citizens Access Portal”, however; the site was
currently experiencing technical issues which needed to be fixed.
Councilmember Johnston said he was interested in pursuing
that concept and providing any necessary funding. He wanted the
Administration to get the program running properly and use that as
a platform to move forward.
#2. 2:24:17 PM RECEIVE A FOLLOW-UP BRIEFING ABOUT AN ORDINANCE
THAT WOULD REZONE THE PARCELS LOCATED AT 402 AND 416 EAST 900 SOUTH
TO REZONE THOSE PARCELS FROM RB (RESIDENTIAL/BUSINESS DISTRICT)
AND CN (NEIGHBORHOOD COMMERCIAL DISTRICT) TO CB (COMMUNITY
BUSINESS DISTRICT) PURSUANT TO PETITION NO. PLNPCM2018-01025.
Currently, these parcels fall within two different zoning
districts and the parcel at 416 East Street is split zoned both RB
and CN. The applicants would like to rezone to one zone for
consistency. No development plans have been submitted at this time.
View Attachments
Nick Norris, Molly Robinson, Mary Warner Demuri, and Kathia
Dang briefed the Council with attachments. Ms. Robinson provided
an overview of the proposal. Comments included Southeast Asian
Market property having split-zoning, impact of side/rear setbacks
on corner lot zoned CN, RB zone intended to maintain some
residential characteristics, largest concentration of RB zoned
properties being located on 1100 East, potential impacts of
height/setbacks/parking requirements on surrounding properties,
parcel size exceeding maximum allowed for CN and RB zones, and
concern about blocking Grays Court.
Council Members expressed concerns about how future
development could impact surrounding properties regarding height,
setbacks, parking, etc. (based on how buildings were oriented on
property).
2:35:03 PM Ms. Dang and Ms. Demuri provided more details about
the proposal. Comments included intent to rectify split-zone
issues prohibiting development of the property, changes needing to
occur (primary goal to get answers about the property), supporting
small business ownership, conceptual plans/design (long process to
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TUESDAY, MARCH 3, 2020
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achieve a final proposal), parcel being 30,000 square feet (found
in more CN and RB zones), landscape buffer/setback (required when
property in a commercial zone abuts a Residential R1 zone), patios
being allowed in CN zone, wanting something meaningful to bring
the community together, transparency (open dialog with concerned
residents/avoid negative impacts to neighborhood), and desire to
follow City recommendations/plan.
Discussion was held about potential ways to adopt the proposal
subject to having/requiring frontage on 900 South (potential for
development agreement or including requirements in the ordinance
itself). Ms. Bruno said Staff could work with the Attorney’s Office
to explore options.
Further discussion was held about potential zoning code
reform. Mr. Norris said the code did not focus on issues that
mattered and felt it needed to be fixed. He said the City was
uniquely positioned, given adequate time, to do so in a way which
reflected community issues/concerns (must be done in the right
way). Councilmember Wharton said he wanted to have that discussion
and asked Staff to make a note for future follow-up (other Council
Members expressed interest).
Councilmember Wharton said a public hearing would be
scheduled.
#3. 2:52:48 PM RECEIVE A BRIEFING ABOUT AN ORDINANCE THAT WOULD
REZONE PROPERTY AT 2064 NORTH AND 2066 NORTH 2200 WEST FROM AG-2
(AGRICULTURAL) TO M-1 (LIGHT MANUFACTURING) PETITION NO. PLNPCM-
2019-00431. The applicant is requesting the rezone to accommodate
future development of the property and implement the area master
plan zoning. No site development proposal has been submitted at
this time. View Attachments
David Gellner, Brian Fullmer, Molly Robinson, and Kevin
Collotzi briefed the Council with attachments. Mr. Gellner
provided background information about the proposal. Comments
included parcel being 2.8 acres, no specific site development plan
being submitted with application, property being within the Inland
Port boundary, secondary property access, and positive Planning
Commission recommendation.
Mr. Collotzi, applicant, provided further details about the
proposal. He said adjusting the setbacks would allow the adjoining
property owner to locate their development closer to his property.
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TUESDAY, MARCH 3, 2020
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Councilmember Wharton said a public hearing would be
scheduled.
#4. 2:58:57 PM RECEIVE A BRIEFING ABOUT A PROPOSAL TO CLOSE A
CITY-OWNED ALLEY LOCATED AT APPROXIMATELY 1040 SOUTH WASHINGTON
STREET PURSUANT TO PETITION NO. PLNPCM2019-00400. The alley is 15
feet wide and approximately 253 feet long. It runs west of
Washington Street toward an abandoned Utah Transit Authority (UTA)
railroad line, where it becomes a dead end before reaching 300
West Street. The proposal would allow the petitioner to incorporate
it into the seven of eight adjacent properties they own. View
Attachments
Mayara Lima, Brian Fuller, John Anderson, and Rusty Ballo
briefed the Council with attachments. Ms. Lima provided details
about the proposal which included City-owned alleys, surrounding
properties being zoned General Commercial (CG), permitted uses,
owner intending to sell combined properties for future
development, alleyway being completely fenced off, and Property
No. 1026 not being owned by petitioner.
Councilmember Mano expressed interest in having a policy
discussion with the Administration regarding alley dispositions
(see Staff report). He said there was potential for alleyways to
provide public connections in mixed-use developments and careful
consideration was needed before permanently closing them.
3:06:41 PM Mr. Ballo said he worked with the applicant and
provided further details about the proposal which included ongoing
criminal activity, adjacent businesses (uniform cleaning business
and Volunteers of America (VOA), vacant buildings, property being
on the market, access issues, and intent to sell property for
housing development.
Councilmember Wharton said a public hearing would be
scheduled.
#5. 3:08:58 PM RECEIVE A BRIEFING ABOUT THE DRAFT SALT LAKE CITY
PUBLIC LANDS NEEDS ASSESSMENT. This assessment is the first step
toward creating a new Comprehensive Public Lands Master Plan for
the Parks, Trails and Natural Lands and Urban Forestry Divisions.
View Attachments
Allison Rowland, Nancy Monteith, and Kristin Riker briefed
the Council with attachments. Ms. Rowland said the Staff report
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TUESDAY, MARCH 3, 2020
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contained policy questions/issues for Council consideration
including timeline, geographic participant distribution,
equity/population size, funding needs, park rangers, golf/open
space, and new park types. Ms. Riker provided further details about
the proposal which included proposal being first public lands
assessment, population growing faster than anticipated,
statistically valid 2017 survey, 81% of residents believing the
City provided adequate parks/recreation services, potential for
increased conflicts as more people utilized parks, City needing to
plan for growth (impact on existing service levels), walkability
goals (proximity to parks/trails/open space), utilizing assessment
data to develop a comprehensive master plan, robust community
outreach (Open City Hall, workshops, events, surveys, and
stakeholder meetings), evaluation of existing inventory, varying
maintenance levels for different categories of open space (700
acres of developed parks/300 acres of manicured landscapes).
Further comments included utilizing different Levels of
Service (LOS) metrics for budgeting, impact fee growth
assessments, comparison to other cities, City needing to decide
appropriate LOS per resident (currently 3.5 acres per 1,000
residents), analyzing acreage-per-planning-area, difficulty
acquiring large parcels of land for green space, distribution of
park amenities City-wide, high-quality amenities needed, asset
condition assessment (every park amenity receiving a rating),
capital investments (long-term analysis), community
values/desires, priority improvements requested by residents
(restrooms, maintenance, cleanliness, lighting, and safety
features), 86% of residents expressing willingness to pay more for
parks, desire for new uses, where future improvements/new
facilities should be targeted, closing walkability gap, issues to
consider in upcoming master plan (improving existing parks/natural
lands, creating a more equitable/connected park system, adding new
services to meet growing demand, creating an action plan),
differences between mini-parks/community parks/regional parks, and
evaluating under-utilized parks.
Ms. Riker said Public Lands had contracted with a consultant
to utilize data (gathered in this report) to begin a comprehensive
master plan process. She said the final plan would represent an
effort to ensure the City’s needs aligned with park system
offerings, parks being equitably accessible, and planning for the
next ten years as the City continued to grow. She said they hoped
to work with the Council, Mayor’s Office, stakeholders, and general
public to complete this project.
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, MARCH 3, 2020
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Councilmember Rogers talked about the Westside not having a
destination park like other parts of the City (unfair to put
Regional Athletic Park in statistics because of pay-to-play).
Further Council comments/concerns about the proposal included
ratio/types of amenities varying between parks (some parks having
many amenities while others having very few), challenges
associated with creating spaces/amenities desired by different
communities/residents (find appropriate LOS metric), evaluating
under-utilized spaces (identify what changes were needed),
difficulty in identifying/securing funding for existing parks
(impact fee statutes), new parks/spaces creating more maintenance
issues, areas of the City lacking parks due to expensive land
costs, creating community partnerships (community driven effort),
holistic overview of all parks/spaces (funding, management,
including Fleet Block, etc., all options on table), current funding
plans being inadequate, funding additional studies, making
Washington Square/Library a downtown park, open space uses
continually evolving, alternative funding options available
nationally, and requiring park space as part of future
developments.
Councilmember Johnston said during the budget cycle, he
wanted to include funding to identify ways the Council could better
assist the Parks Department in managing valuable public amenities
(encourage community investment in public parks/open space).
Councilmember Rogers talked about Portland having a Revolving
General Obligation Bond for their parks program which
automatically renewed every five-ten years. He expressed interest
in looking at that type of funding stream to address changing needs
as the City continued to grow (look at highest/best use).
#6. 3:49:02 PM RECEIVE AN UPDATE FROM THE CITY’S SUSTAINABILITY
DEPARTMENT ABOUT MAJOR PROJECTS CURRENTLY UNDERWAY OR SCHEDULED TO
BEGIN DURING FISCAL YEAR 2019-2020. View Attachments
Vicki Bennett, Debbie Lyons, and Samuel Owen briefed the
Council with attachments. Ms. Bennett provided an overview of the
proposal which included solar procurement (timeline), renewable
energy service contract with Rocky Mountain Power (RMP), solar
farm development, concern with proposed rate drop (amount RMP paid
the City), net-metering program concerns, resolution for 100%
renewable goal by 2030 (passed by 23 Utah cities/counties), and
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TUESDAY, MARCH 3, 2020
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program elements included in application (being submitted to the
Public Services Commission (PSC) next year).
Ms. Bennett provided further details about the timeline
including Governance/Utility agreements (adopting final governance
agreement by August 2020), low-income plans, providing an opt-out
option, potential ordinance language, rate design/projections,
creating mechanism for participants to reach a single joint
decision, how costs would be shared among communities, capping
program rates, each community filing a plan to address low-income
programs/assistance, outreach, engagement, and affordable housing.
Further discussion was held on electrified transportation
(public electric vehicle (EV) charging network), battery-backup
opportunities, potential options for backup generators at City
facilities, and Utah Climate Action Network (UCAN)
program/funding. Councilmember Rogers requested information about
usage of City charging stations. Ms. Bennett said she would provide
the information.
4:06:40 PM Ms. Lyons provided an overview of the following food
projects outlined in the attachment: Resident Equity Advisors -
$50,000 (two-year pilot program), Food/Economy/Equity Study -
$65,000 (leverage existing data to evaluate current food system),
and Supplemental Nutrition Assistance Program (SNAP) - $15,000
(Farmer Markets/farm-stand expansion). Comments included
recommending strategies, engaging farmers to explore food
barriers, incorporating food access in conjunction with other
City/Master plans, equipment upgrade requirements (federal),
leveraging resources, and community food assessment. Ms. Lyons
said the status on these programs would be included in the next
“Quarterly Update”.
Councilmember Rogers requested information about
efforts/assessment from Sustainability and Community and
Neighborhoods (CAN) in addressing “Food Deserts” in the City
(geographical areas lacking sufficient supply of fresh vegetables,
fruits, and healthy affordable whole foods). He said a 500-unit
apartment complex was being developed on Redwood Road/North Temple
(no grocery stores within 1-3 miles). Councilmember Johnston
expressed interest in exploring options to spend funding in ways
that would result in tangible benefits, which in turn could be
used as a starting point for continued growth.
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Council Members talked about the importance of Sustainability
being involved in ongoing redevelopment discussions/projects to
ensure analysis was done to address a variety of issues regarding
“Food Deserts”. Comments included impacts of concentrating low-
income housing in certain areas of the City, lack of supermarkets,
need for metrics to analyze success in food programs/projects,
affordable food being associated with large markets (potential for
incentives), and community gardens not addressing everyone’s
needs.
Note: Item 7 and 8 were heard as one briefing.
#7. 4:20:47 PM 4:27:57 PM RECEIVE AN OVERVIEW OF FRANCHISE
AGREEMENTS FROM THE CITY ATTORNEY’S OFFICE. A franchise agreement
is a contract between the City and a utility provider that allows
the utility provider to use the public right-of-way.
Benjamin Luedtke, Kira Luke, Katherine Lewis, and Kimberly
Chytraus briefed the Council. Ms. Chytraus provided background
information about franchise agreements. Comments included allowing
utility providers to utilize/construct improvements in the public
right-of-way, franchise providing blanket/non-exclusive
permission for companies to locate anywhere within the City’s
right-of-way (locations narrowed through City’s permitting
process), potential users (railroads, power/gas companies,
telecommunications, cable/video, water, and sewer), process being
provided by ordinance, cities having the right to control their
property, requirement for a railroad franchise to be granted by
ordinance, City ordinances being vehicle to encumber City
property, Administration negotiating contracts within ordinance
parameters, and City being compensated for allowing right-of-way
usage (generally set by State – municipal sales and use tax).
Further comments included small cell facilities having more
limited fees (some providers paying per-foot), some policy
decisions/regulations being made by federal government (equal
treatment of service providers), City unable to prohibit
installation of telecommunication services in the right-of-way,
current City code providing limited direction regarding
franchises, utilization of “form franchise agreement” containing
generally accepted provisions, current gas franchise with Dominion
Energy (currently being renegotiated), current Rocky Mountain
Power franchise, Comcast franchise providing current video
services, multiple telecommunication franchises with various
providers, multiple railroad franchises (most being historic),
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recommending changes to City code, having a comprehensive
franchise code (similar to Small Cell), updated code would contain
many provisions currently addressed in agreement, no comprehensive
scheme for franchises, and Federal/State restrictions.
Councilmember Wharton asked what specific changes could be
made to address code modifications (total restructure versus minor
modifications). Ms. Chytraus said the existing ordinance was very
short/incomplete and extensive changes were needed (would resemble
Small Cell Wireless facilities ordinance) but would be applicable
to general use of the City’s right-of-way. She said franchises
were handled through current practices/agreements and not by City
code. She said they wanted to streamline the process so the Council
could use its time more efficiently.
#8. 4:34:37 PM RECEIVE A BRIEFING ABOUT AN ORDINANCE THAT WOULD
GRANT A TELECOMMUNICATION FRANCHISE AGREEMENT TO TELEPORT
COMMUNICATIONS AMERICA LLC. The agreement would allow the company
to place and maintain its facilities within the City rights-of-
way. The company would be governed by certain conditions, need to
secure appropriate permits and pay the telecommunications tax
under state law. View Attachments
Shellie Finan, Kira Luke, Katherine Lewis, and Kimberly
Chytraus briefed the Council with attachments. Ms. Finan said the
vendor's agreement expired in January 2019 and they were looking
for a ten-year renewal.
Councilmember Wharton said he received a lot of resident
feedback about this proposal which he would pass along to the
Administration.
#9. Tentative Break.
#10. 4:39:48 PM RECEIVE A FOLLOW-UP BRIEFING ABOUT THE DRAFT
FOOTHILLS TRAIL SYSTEM MASTER PLAN. The plan aims to improve and
create trails that are environmentally sustainable, enjoyable,
accessible, safe, and low-maintenance. This is the first master
plan for the Foothills Natural Area, which would cover from the
North Salt Lake boundary, south to Emigration Canyon. A future
plan update will address the area between Emigration and Parleys
Canyons. View Attachments
Allison Rowland and Lewis Kogan briefed the Council with
attachments. Ms. Rowland said Councilmember Wharton requested the
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Administration address specific questions raised by the public as
outlined in the attachment. Mr. Kogan summarized the
Administration’s responses. Ms. Rowland said Council Staff reached
out to people who provided contact information (answers sent
directly to them).
Councilmember Johnston asked about potential target/metrics
for the number of miles intended for adaptive uses (accessibility
for special needs groups). Mr. Kogan said three proposed sites
would provide between 5-8 miles of adaptive trail (out of the
hundred-mile trail system). He said when construction projects
began and professional trail builders analyzed sites, Staff would
get a better sense of providing/ensuring more trails were
considered for adaptive cycles/people with disabilities.
Councilmember Johnston requested updates (look at outcomes) as the
Administration got deeper into the process. He said he supported
any efforts to increase those miles as much as possible.
Councilmember Wharton said the item was on the formal meeting
agenda for consideration.
#11. 4:59:39 PM THE COUNCIL CONVENED A WORKING RETREAT LAST
MONTH AND DISCUSSED VARIOUS PROJECTS AND ISSUES THAT COULD BE
PRIORITY TOPICS TO GUIDE WORK FOR THE COMING YEAR. The Council
will review the list of projects and identify some possible next
steps for moving ahead with the projects. View Attachments
Lehua Weaver, Rachel Otto, and Mayor Mendenhall briefed the
Council with attachments. Ms. Weaver said Staff wanted to review
the information listed in the attachment to ensure Council Members
comments were captured correctly.
Ms. Weaver said Staff felt the following topics/areas could
be utilized to capture/categorize Council Members items: budget,
City assets (centralized around general facilities/parks
development), economic development, equity issues, and quality of
urban living. She said sub-categories included housing and
neighborhood preservation, safety/community support issues, and
transportation.
Discussion/review was held on Items 1-26 listed in the chart
entitled "Notes from Council Work Session Retreat". Comments
included potential to receive summaries from City Departments
about their annual achievements/goals during the budget process
(potential to collaborate with Administration to facilitate),
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potential ways to translate budget issues/metrics into "service
delivery" components where residents could better understand how
services were being provided/funded, requesting the Administration
identify what service delivery changes citizens would notice as a
result of a specific budget proposal, City branding/identity
(neighborhood by neighborhood or City-wide - "Branding in a Box"),
City rebrand project being Administrative priority (collaborative
effort with multiple stakeholders), components of rebranding (new
flag, neighborhood preservation, anti-displacement conversations,
gentrification mitigation approach, establishing a technology
corridor, place making, etc.), budget request to allocate
resources, governance/maintenance of City assets
(facilities/parks/real estate), utilizing long-term leases (retain
ownership), evaluating best uses of City properties (ongoing
conversations with Administration), how development impacted
neighborhoods (general ordinance review), defining issues falling
under the Council's role (policy driven questions) versus those of
the Administration (some issues needing joint effort, avoiding
duplication), identify specific issues for follow-up briefings,
prioritizing planning resources with expected outcomes to
streamline/simplify the process for those wanting to conduct
business/interact with City (potential code revision), Council's
willingness to allocate funding based on specific outcomes,
special events, public markets, Economic Development Loan Funds
(identify ways to achieve City goals), economic development
tools/new opportunities (place making, activation ideas), Jordan
River improvements/programming (change to combined item),
improving City's municipal equity index rating (potential
policy/ordinance updates - discussion with Administration), Human
Rights Commission (strengthen/expand role - change to combined
item), renters defense (equity issue - remove Item 13 from list,
kept on Staff radar), Quality of Urban Living, Accessory Dwelling
Units (ADU), Single Resident Occupancy (SRO), geographic
distribution, alleyways discussion (City asset/explore potential
uses), community gardens/park strips (“Food Deserts”/public
markets), tracking/understanding City demographic changes, anti-
displacement, housing preservation (potential
changes/affordability issues), addressing needs of vulnerable
populations, crime/safety perception (batched with Park Ranger
discussion, future conversations with Administration), services
for communities needing additional support (specific populations),
traffic calming measures (exploring creative/new options, briefing
scheduled), scooter issues (resolution needed, forthcoming
transmittal), long-term transit plans (City-wide connectivity,
what would transit look like long-term, transit expansion
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discussions/potential for new services), Foothill traffic issues,
equity for fees (potential creation of tiers), and Rank Choice
Voting (RCV) issues: exploring options addressing constituent
expectations during upcoming elections, logistics/education
campaign, and Staff working with County election
officials/information gathering (remove from priority list kept on
Staff radar).
Ms. Weaver said Staff would review descriptions and work with
the Administration to identify items for follow-up briefings
(separate Council related items from Administrative items). She
said Staff would come back to Council with a more detailed list.
#12. 5:51:31 PM RECEIVE A BRIEFING FROM THE ADMINISTRATION ABOUT
ISSUES AFFECTING THE CITY THAT MAY ARISE DURING THE 2020 UTAH STATE
LEGISLATIVE SESSION.
Lynn Pace briefed the Council about the following bills/key
issues:
• general budget issues
• Inland Port - substitute bill (reviewed by City
Attorney), additional bill - Senator Escamilla.
• Redevelopment Agency (RDA) - expected to fade away.
• housing issues - monitoring a number of bills,
optimization for State to allocate funding toward
affordable housing (amount and locations unknown).
• HB462 - unlawful retainer bill - just released (City not
having a chance to review yet).
• homeless issues - bills pending, Senator Escamilla bill
only one to move through Committee (rest of the bills
stalled), probably will move quickly at end of Session.
Mr. Pace said Staff had talking points about changes
that were needed to each bill, four public bills needed
to be modified for the City to be satisfied (fifth bill
not being made public yet).
• 700 undrafted bills, depending on how many surfaced,
there could be a large logjam of bills, process needing
to be watched carefully at end of Session.
• SB150 - main transportation bill - progressing well -
debate about whether State will pursue bonding for
transit, Frontrunner double-track, Salt Lake County
transportation funding (.25% sales tax - being source of
contention)
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• SB150 – Class B&C Road Funds - funding being reallocated
(potential to be incorporated in bond), ensuring City's
interests were protected.
• SB210 - police body cameras - carefully negotiated
(having broad support including City)
• HB273 - land use - League of Cities and Towns – providing
penalties if local officials knowingly/intentionally
violate their own ordinance or State land use laws
(intended to control risk), League endorsing substitute
bill as a compromise measure.
Councilmember Wharton said he was unable to attend the
Legislative Subcommittee meeting on Friday and wanted the Council
to consider taking a position opposing HB449 (bill to study a
potential ban on hormone blockers for transgender youth, not a
City issue). Following discussion, a Straw Poll was taken to have
the Subcommittee look at whether the City should publicly oppose
the bill. All Council Members were in favor. Mr. Pace said he would
contact the Bill's sponsor and get information back to Council
Staff/Subcommittee.
Councilmember Fowler expressed concerns about SB173 relating
to enforcement/penalties for disrupting public meetings. Following
discussion, a Straw Poll was taken for Council to oppose the bill
and talk with the Administration about directing lobbyists to act
against the bill. All Council Members were in favor.
Mr. Pace said the remainder of the session would move quickly
and asked Council Members to notify him immediately with
concerns/direction.
#13. REPORT OF THE CHAIR AND VICE CHAIR.
No discussion was held.
#14. 6:17:06 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A
REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. The Council
may give feedback or staff direction on any item related to City
Council business, including but not limited to:
• The Hibernian Society (St. Patrick's Day) Parade;
• The 41st Giant in Our City event;
• Joint Town Hall Meetings with Mayor Mendenhall; and
• Scheduling Items.
See File M 20-5 for announcements.
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, MARCH 3, 2020
20 - 15
#15. 6:18:47 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION,
IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE.
Councilmember Fowler moved and Councilmember Rogers seconded
to enter into Closed Session to discuss pending or imminent
litigation pursuant to Utah Code §52-4-205(1)(c). A roll call vote
was taken. Council Members Johnston, Wharton, Dugan, Valdemoros,
Mano, Fowler, and Rogers voted aye. See File M 20-1 for Sworn
Statement.
In Attendance: Council Members Johnston, Valdemoros, Wharton,
Fowler, Dugan, Rogers, and Mano.
Others in Attendance: Jennifer Bruno, Lehua Weaver, Katherine
Lewis, Benjamin Luedtke, Lisa Shaffer, Allison Rowland, Shellie
Finan, Kristen Riker, Marcia White, Rachel Otto, Jennifer McGrath,
Daniel Rip, Erin Mendenhall, Megan DePaulis, Robert Nutzman, and
Scott Crandall.
The Closed Session and Work Session meetings adjourned at
6:50 p.m.
_______________________________
COUNCIL CHAIR
_______________________________
CITY RECORDER
This document is not intended to serve as a full transcript
as other items may have been discussed; please refer to the audio
or video for entire content pursuant to Utah Code §52-4-203(2)(b).
This document along with the digital recording constitute the
official minutes of the City Council Work Session meeting held
March 3, 2020.
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 1
The City Council met in Work Session on Tuesday April 21, 2020, in
an Electronic Meeting, pursuant to Salt Lake City Emergency
Proclamation No. 2 of 2020(2)(b).
In Attendance: Council Members Andrew Johnston, Amy Fowler, Chris
Wharton, Daniel Dugan, Darin Mano, James Rogers, and Analia
Valdemoros.
Staff in Attendance: Cindy Gust-Jenson, Council Executive
Director; Jennifer Bruno, Council Deputy Director; Erin
Mendenhall, Mayor; Rachel Otto, Mayor’s Chief of Staff; Cindy Lou
Trishman, Council Administrative Assistant; Lynn Pace, Mayor’s
Senior Advisor for Intergovernmental Affairs; Ben Kolendar,
Economic Development Deputy Director; Lani Eggertsen-Goff, Housing
& Neighborhood Development Director; Jennifer Schumann, Housing &
Neighborhood Development Deputy Director; Tony Milner, Housing &
Neighborhood Development Policy & Program Manager; Pamela
Lofgreen, Emergency Management Program Director; David Litvack,
Mayor’s Senior Policy Advisor; Peter Bromberg, Library Executive
Director; Jace Bunting, Library Finance Director; Bill Wyatt,
Executive Director of Airports; Brian Butler, Airport Director of
Finance and Accounting; Nick Norris, Planning Director; John
Anderson, Planning Manager; Russell Weeks, Council Office Policy
Analyst; Sam Owen, Council Policy Analyst; Laura Briefer, Director
of Public Utilities; Felicia Baca, Arts Division Director;
Benjamin Luedtke, Council Policy Analyst; Paul Nielson, Senior
City Attorney; Katherine Lewis, City Attorney; Scott Crandall,
Deputy City Recorder; and DeeDee Robinson, Deputy City Recorder.
Guests in Attendance:Nathan Ricks (Applicant, Item #4); and Andrew
Bybee (Applicant, Item #4).
Councilmember Wharton presided at and conducted the meeting.
The meeting was called to order at 2:11 p.m.
AGENDA ITEMS
#1.2:13:27 PM UPDATE FROM THE ADMINISTRATION REGARDING THE
MAYOR’S EMERGENCY DECLARATIONS RELATING TO COVID-19 (CORONAVIRUS)
AND THE MARCH 18TH EARTHQUAKE IN THE SALT LAKE VALLEY.As part of
the update, the Council may discuss public health and other public
safety, policy and budget issues stemming from the emergency
declarations. Discussion may include a proposal to create an
emergency relief fund from existing Arts Council funds for
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 2
individual artists of all disciplines who are residents of Salt
Lake City and who are experiencing loss of work due to COVID-19.
The Council may also receive information or updates from
organizations or experts related to the emergency responses and
coordination, including but not limited to earthquake damage to
the City, the functioning of the Emergency Operations Center (EOC),
City response and aid, and the status of City buildings.View
Attachments
Mayor Mendenhall,Pamela Lofgreen,Lynn Pace, Ben Kolendar,
Rachel Otto, Felicia Baca, Lani Eggertsen-Goff,and David Litvack
briefed the Council regarding changes to the County’s Stay Home
directive (easing of some restrictions), coordination with State
Epidemiologist regarding the use of specific measures to track the
rate of community spread (rate of transmission spread,
consistent/available testing/tracing, and consistent decrease in
no known sources of infection), coordination with County partners
to continue to receive zip code specific data for all of Salt Lake
City (transparently tracking/making decisions based on data),
addressing earthquake damage assessments (City/County-wide),
current status of Fix The Bricks program (third year of funding,
closed out 55 homeowner projects to date, and remaining funding to
serve 300 more homes), coordination with various emergency
management partners (Unified Command, County Emergency
Coordination Center (ECC), and University of Utah), first
responder shelters/decontamination stations, cloth masks donated
to the City from the community, geo-targeting placement for COVID-
19 flyers/posters (heavily impacted zip codes/hotspots) to improve
awareness, updates on the City’s unsheltered population/resource
centers regarding COVID-19, initiation of the Stay Home Stay Safe
hotel project (offered for high-risk individuals in the homeless
community), updates on the Arts Grant program, updates regarding
funding for Coronavirus Aid, Relief, and Economic Security Act
(CARES), and legislative report on COVID-19/earthquake standing
items including: HR 302 (House Resolution) (extension of emergency
declaration for earthquake to May 18, 2020), HB 3005 (House Bill)
(Governor must give 48 hour notice to legislature before declaring
emergency/issues executive order), HB 3006 (election
amendments/eliminated in-person voting for primary election in
June 2020), HB 3009 (Local Government Emergency Response), SB
(Senate Bill) 3004 (implementing steps to re-open the economy), SB
3006 (COVID-19 Financial Relief Funding), and (Senate Joint
Resolution) SJR 301 (State’s acceptance of funds from CARES).
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 3
Straw Poll:Support for the Arts Grant program. All Council
Members were in favor.
Councilmember Fowler said there was currently confusion among
City residents regarding the County’s recent change to the Stay At
Home order (seen as a lift of staying at home), and requested
information from the Administration to relay to concerned City
residents regarding those changes. Mayor Mendenhall said it was
critically important for the public’s understanding of their
ability to reduce the rate of transmission (in terms of moving
about/engaging with other community members), and agreed to
coordinate with the Council on messaging points for constituents.
Councilmember Fowler expressed concerns regarding Salt Lake
County Jail inmates who were exposed/infected with COVID-19 being
released back to Salt Lake City residences (potentially infecting
family/others), and inquired if they should be tracked, or be
provided space to quarantine when necessary. Ms. Lofgreen said,
with the Administration’s support/direction, she would formalize
a communication process with the County Jail/Sheriff’s Office to
see how the City could better support those returning members to
the community, protecting them and the public at large.
#2.3:23:21 PM FOLLOW-UP BRIEFING REGARDING UPDATING THE CITY’S
2020-2024 CONSOLIDATED PLAN AS REQUIRED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD).The Consolidated Plan details
the City’s goals and objectives to build healthy and sustainable
communities through four federal grants: Community Development
Block Grants (CDBG), Emergency Solutions Grants (ESG), Home
Investment Partnerships, and Housing Opportunities for Persons
With AIDS (HOPWA).View Attachments
Benjamin Luedtke,Lani Eggertsen-Goff, and Jennifer Schumann
briefed the Council with attachments. Discussion was held
regarding amended proposed target area maps:Option #5 (combining
elements of Administration’s alternative target areas, focused on
spending resources on low-income residents), and Option #6 (same
as #5 with exception of the 300 North boundary extending straight
across).
#3.3:43:11 PM FOLLOW-UP BRIEFING REGARDING THE MAYOR’S FUNDING
RECOMMENDATIONS AND AN APPROPRIATIONS RESOLUTION ADOPTING THE ONE-
YEAR ANNUAL ACTION PLAN FOR FISCAL YEAR 2020-2021 THAT INCLUDES
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING, HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDING, EMERGENCY SOLUTIONS GRANT (ESG)
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 4
FUNDING, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
FUNDING, AND APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN
SALT LAKE CITY AND THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD).View Attachments
3:43:17 PM Councilmember Johnston recused himself from the
discussion due to his employment with Volunteers of America.
Mayor Mendenhall, Benjamin Luedtke, Lani Eggertsen-Goff,
Jennifer Bruno, and Tony Milner briefed the Council with
attachments. Discussion was held regarding three applications the
Council requested clarification on (Inn Between, South Valley
Sanctuary, and Journey of Hope), options for re-allocating funds,
impacts to programs if funding partial/fully cut, the inclusion of
the Weigand Center programming in the Administration’s proposed
budget ($127,000 from Community & Neighborhoods budget),
opportunities to fund applications with COVID-19 relief funds, and
Council support for ways to possibly fund the Inn Between.
Straw Poll:Support for not disturbing the Administration’s
recommended funding, contingent upon the effort of finding (at
minimum) $30,000 for the Inn Between from other funding sources,
and for the Administration to reach out to Journey of Hope for
future (2021) application mentoring. All Council Members were in
favor, except Councilmember Johnston who was recused.
#4.4:10:28 PM FOLLOW-UP BRIEFING REGARDING A REQUEST TO INCREASE
THE BUILDING HEIGHTS WITHIN A PORTION OF THE G-MU (GATEWAY MIXED
USE) ZONING DISTRICT FROM A CURRENT MAXIMUM OF 120 FEET UP TO 190
FEET ACROSS PORTIONS OF TWO SEPARATE BLOCKS LOCATED BETWEEN 500
WEST AND THE RAILROAD TRACKS (APPROXIMATELY 625 WEST) AND 200 SOUTH
AND 400 SOUTH.The applicant was requesting the change for a
specific development project and is not seeking to alter height
limits across the entirety of the zone.The Planning Commission
forwarded a negative recommendation, therefore an ordinance has
not been drafted. If the Council decides to approve the zone
amendment, an ordinance would be drafted and considered for
approval.View Attachments
Councilmember Johnston re-joined the meeting/discussion.
Russell Weeks, Nick Norris, John Anderson, Paul Nielson,
Nathan Ricks,and Andrew Bybee briefed the Council with
attachments. Discussion was held regarding the Planning Division’s
general support for additional building height in the downtown
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 5
area (including G-MU zones), City code not adequately addressing
impacts created by height (tall buildings causing down-draft
effects, impacts to solar-energy production, impeding growth of
trees/plants, obstructing view corridors, etc.), Planning
Department/Commission’s recommended denial, height study needed in
the downtown/G-MU zones, height in relation to affordable
housing/historic preservation, considerations for increasing
building height (design review requirement & environmental
impacts), current Planning Department resources/processes,
Planning Department working on significant code changes (freeing
up more Staff time/more resources allocated to similar proposals),
Council Members in favor of additional building heights across the
City, and options for appropriating funds for similar future
requests vs. approving this project (carefully addressing the
design review standards/issues).
#5. Tentative Break
#6.5:03:44 PM BRIEFING REGARDING THE MAYOR’S RECOMMENDED
BUDGET RELATING TO THE DEPARTMENT OF PUBLIC UTILITIES FOR FISCAL
YEAR 2020-2021.View Attachments
Laura Briefer and Sam Owen briefed the Council with
attachments. Discussion was held regarding four different
enterprise funds (utilities: drinking water, wastewater,
stormwater, and street lights), budget priorities (heavy emphasis
on infrastructure), proposed budget reflecting COVID-19 pandemic
considerations (including a mid-year budget and economic review),
total Public Utilities budget ($362,313,149) (including projected
revenues, sewer rate increases, operations budget, eight
additional full-time employees, etc.), water utility budget
($126,333,193), sewer utility budget ($212,638,399), stormwater
utility budget ($17,961,860), street lighting utility budget
($5,379,697), five-year rate adjustments for all utilities
(projected), monthly impact of increased sewer rate, and water and
sewer rate comparisons (nearby states/local cities).
Councilmember Wharton requested an update from Public
Utilities regarding the 4th Avenue Pump House at a future Council
meeting. Ms. Briefer acknowledged the request and thanked the
Council/Staff for attending community meetings related to the
project.
#7.5:36:08 PM BRIEFING REGARDING THE LIBRARY BOARD’S
RECOMMENDED OPERATION AND CAPITAL BUDGET FOR FISCAL YEAR 2020-
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 6
2021.View Attachments
Peter Bromberg, Jace Bunting,and Jennifer Bruno briefed the
Council regarding expectations should there be a short-fall in
property tax (large part of Library’s budget relying on property
tax), projected fund balance of current fiscal year being 24%, re-
opening precautions/measures, balancing new initiatives (expansion
of services) with future need for capital
maintenance/improvements, and three budget guided priorities,
including: the Library being a great place to work for Staff (cost
of living increase, 1.5% merit increase, etc.), creation of
meaningful outcomes/experiences in the lives of patrons (community
outreach, increase in custodial staff, in-house safety officers,
and programs/partnerships supporting arts & creativity, critical
literacy, economic success, healthy together, and
inclusion/belonging), and exhibiting operational
excellence/promote long-term sustainability (long-term
stewardship of facilities, in-house technology staff,
updating/replacing technology for patrons, climate control, etc.).
Mr. Bromberg provided an update regarding current Library
operations, virtual community programs (story time, book/writing
groups, etc.), website redesign to highlight community/digital
resources (e-books, audio books, streaming films, learning
platforms, etc.), Wi-Fi being provided for residents lacking
internet connectivity, and capital expenditure priorities (Sprague
Library renovation, and roof replacement at Main Library).
#8.6:14:26 PM BRIEFING REGARDING THE MAYOR’S RECOMMENDED
BUDGET RELATING TO THE DEPARTMENT OF AIRPORTS FOR FISCAL YEAR 2020-
2021.View Attachments
Bill Wyatt and Brian Butler briefed the Council with
attachments. Discussion was held regarding updates on current
Airport status, redevelopment schedules, FY 2021 Budget Goals &
Objectives, current/projected enplaned passenger traffic, income
statement forecast, original/revised FY 2021 Operating Revenues
budget, comparison of airline/concession revenues,
original/revised operating expense increase, cost per enplaned
passenger, original/revised capital equipment budget, on-going
construction (capital improvement projects), and the future of
air-travel post COVID-19.
#9.6:47:55 PM INTERVIEW MARJORIE RASMUSSEN PRIOR TO
CONSIDERING HER APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 7
FOR A TERM ENDING SEPTEMBER 25, 2023.View Attachments
Councilmember Wharton said Ms. Rasmussen’s name was on the
Consent Agenda for formal consideration.
#10.6:49:43 PM INTERVIEW KERRY DOANE PRIOR TO CONSIDERING HER
APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD FOR A TERM ENDING
SEPTEMBER 25, 2023.View Attachments
Councilmember Wharton said Ms. Doane’s name was on the Consent
Agenda for formal consideration.
#11.6:51:21 PM INTERVIEW MYRON WILLSON PRIOR TO CONSIDERING HIS
APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD FOR A TERM ENDING
SEPTEMBER 25, 2023.View Attachments
Councilmember Wharton said Mr. Willson’s name was on the
Consent Agenda for formal consideration.
#12. INTERVIEW JIM ESPELAND PRIOR TO CONSIDERING HIS
APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD FOR A TERM ENDING
SEPTEMBER 25, 2023.View Attachments
Councilmember Wharton said Mr. Espeland’s interview would be
rescheduled.
STANDING ITEMS
#13. REPORT OF THE CHAIR AND VICE CHAIR
No discussion was held.
#14. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF
COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS.The Council may give
feedback or staff direction on any item related to City Council
business, including but not limited to
Agenda Packet Days; and
Scheduling Items.
No discussion was held.
#15. CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN
KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE.
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING
TUESDAY, APRIL 21, 2020
20 - 8
Item not held.
The meeting adjourned at 6:55 p.m.
_______________________________
COUNCIL CHAIR
_______________________________
CITY RECORDER
This document is not intended to serve as a full transcript
as other items may have been discussed; please refer to the audio
or video for entire content pursuant to Utah Code §52-4-203(2)(b).
This document along with the digital recording constitute the
official minutes of the City Council Work Session meeting held
April 21, 2020.
dr
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 14, 2020
20 - 1
The City Council of Salt Lake City, Utah, met in Special Limited Formal
Session on Tuesday, April 14, 2020 in an electronic meeting pursuant to
Salt Lake City Emergency Proclamation.
The following Council Members were present:
Daniel Dugan Analia Valdemoros Chris Wharton
Amy Fowler Darin Mano James Rogers
The following Councilmember was absent:
Andrew Johnston
Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno,
Council Executive Deputy Director;
Cindy Lou Trishman, Council Administrative Assistant; Katherine Lewis,
City Attorney; Lehua Weaver, Council Associate Deputy Director; and Kory
Solorio, Assistant City Recorder; were present.
The meeting was called to order at 7:29 p.m.
OPENING CEREMONY 7:29:01 PM
Councilmember Wharton presided at and conducted the meeting.
NEW BUSINESS
#1. 7:31:03 PM Adopting a resolution that would
March 18 proclamation declaring a local emergency relating to a magnitude
5.7 earthquake. View Attachments
Councilmember Fowler moved and Councilmember Rogers seconded to
adopt Resolution 6 of 2020 extending a proclamation declaring a local
emergency relating to a magnitude 5.7 earthquake.
Councilmember Wharton asked Councilmember Fowler to specify an
extention date.
Councilmember Fowler amended the motion to extend the emergency
date until July 6, 2020, which was seconded by Councilmember Rogers.
Councilmember Valdemoros asked if the extension was to allow
residents until April 22, 2020 to provide information regarding damages
to their homes, as a result of the earthquake. Councilmember Wharton
confirmed the extension was to allow more time to provide information.
He said it placed the City in a better position to request Federal
Emergency Management Agency (FEMA) funding. He also stated it assisted
with delays due to the multiple levels of government invovled and the
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 14, 2020
20 - 2
current pandemic (COVID-19). He said there was no legal down side in
extending the date for that length of time.
Councilmember Wharton called for a roll call vote on the motion,
which motion carried, all Council Members present voted aye.
The meeting adjourned at 7:34 p.m.
______________________________
Council Chair
______________________________
City Recorder
This document is not intended to serve as a full transcript as
additional discussion may have been held; please refer to the audio or
video for entire content pursuant to Utah Code §52-4-203(2)(b).
This document along with the digital recording constitute the
official minutes of the Salt Lake City Special Limited Formal Session
held April 14, 2020.
ks
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 21, 2020
20 - 1
The City Council of Salt Lake City, Utah, met in Formal Session on
Tuesday, April 21, 2020 in an electronic meeting pursuant to Salt Lake
City Emergency Proclamation No. 2 of 2020 (2)(b).
The following Council Members participated in the meeting:
Chris Wharton Analia Valdemoros James Rogers
Amy Fowler Andrew Johnston Daniel Dugan
Darin Mano
Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno,
Council Executive Deputy Director; Erin Mendenhall, Mayor; Rachel Otto,
Katherine Lewis, City Attorney; and Scott
Crandall, Deputy City Recorder participated electronically.
Councilmember Wharton presided at and conducted the meeting.
The meeting was called to order at 7:04 p.m.
OPENING CEREMONY
#1. 7:05:05 PM Pledge of Allegiance (A moment of silence was held
while the American Flag/Anthem was displayed on the video
screen)
#2. 7:06:27 PM Welcome and Review of Standards of Conduct.
#3. 7:07:34 PM Councilmember Johnston moved and Councilmember Rogers
seconded to approve the Work Session minutes of Tuesday, March 17, 2020
and Tuesday, March 24, 2020 as well as the Formal minutes of Tuesday,
March 24, 2020, which motion carried, all members voted aye (roll call).
View Minutes
(M 20-4)(M 20-3)
PUBLIC HEARINGS
Note: 7:08:33 PM Public Hearings and General Comments will be heard
as one item.
#1. 7:18:14 PM Continue to accept public comment and consider
adopting a resolution that would update and approve the timeline for the
-2024 Consolidated Plan as required by the United States
Department of Housing and Urban Development (HUD). The Consolidated Plan
communities through four federal grants: Community Development Block
Grants (CDBG), Emergency Solutions Grants (ESG), HOME Investment
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 21, 2020
20 - 2
Partnerships, and Housing Opportunities for Persons With AIDS (HOPWA).
View Attachment
Deanna Dee Taylor, Paul Cherewich, Ernest Lloyd, Vikram Ravi, and
Moon Juice submitted online comments which included updating community
councils about plan, identifying priorities, having a plan to address
crime reduction/drug trafficking,
utilization, expanding resources for unsheltered individuals, importance
of maintaining/enhancing public amenities (parks, libraries, etc.),
environmental impacts/consumption of natural resources, and developing
community gardens/public food forests/education centers.
Councilmember Fowler moved and Councilmember Dugan seconded to
close the public hearing and defer action to a future meeting, which
motion carried, all members voted aye (roll call).
(T 20-1)
#2. 7:19:50 PM Accept public comment regarding Grant Application:
United States Department of Justice (DOJ) COPS Office Fiscal Year 2020
Hiring Grant, that would fund the salary and benefits of ten (10) new
police officer positions. The new officers would be assigned to the
Patrol Division, and the Police Department would assign ten experienced
officers to newly created Intelligence-led policing squads which would
focus on addressing emerging violent crime issues and repeat violent
crime offenders in Salt Lake City. View Attachment
There were no public comments.
#3. Accept public comment regarding Grant Application: 2020 Grants
to Improving Criminal Justice Responses to Sexual Assault, Domestic
Violence, Dating Violence, and Stalking, that would fund the salary and
benefits for one full-time Victim Advocate position at the YWCA Utah.
This new position would replace a current part-time, grant-funded
advocate position. This advocate will be co-located at the YWCA Family
Justice Center (FJC) and will serve as a liaison to support victims,
ensure they receive appropriate services, and are informed about the
criminal justice process. If awarded, the grant would also fund police
overtime efforts to increase arrests for protection order violation
warrants and warrants in domestic violence cases. View Attachment
There were no public comments.
#4. Accept public comment regarding Grant Application: Assistance
to Firefighters Grant, that would fund eight battery-powered ventilation
fans to replace old gas-powered fans for the Salt Lake City Fire
Department. The new fans are more compact, can be safely carried by one
firefighter, and do not emit fumes. In addition, the grant funding would
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 21, 2020
20 - 3
be used to purchase eight battery-operated, vehicle-mounted extrication
units which will replace older equipment to ensure successful heavy
rescue extrication on metals used in newer vehicles. View Attachment
There were no public comments.
#5. Accept public comment regarding Grant Application: 2020 Parks
as Community Nutrition Hubs: Expanding Access to Healthy Foods, that
would be used to construct a 1,000 square foot outdoor classroom at the
Sorenson Unity Center. The classroom will become a community nutrition
hub for hosting nutrition and gardening education events, a farmers
market, and health and wellness activities for Glendale and Poplar Grove
residents. View Attachment
Edwin Stafford spoke about recently moving to Utah, attending
school, being on disability, having his food stamp payments cut in half,
and needing assistance. Councilmember Wharton said Staff was available
to help Mr. Stafford locate appropriate resources.
#6. Accept public comment regarding Grant Application: United
States Department of Justice Department (DOJ) COPS Office Fiscal Year
2020 Community Police Development Grant, that would fund the salary and
benefits of three new part-time Gang Outreach Advocate positions to
assist with the Promising Youth Project, a gang intervention and
prevention program. View Attachment
There were no public comments.
Councilmember Fowler moved and Councilmember Valdemoros seconded to
close the public hearing for Items 3-6, hold Item 2 (Grant Application:
United States Department of Justice (DOJ) COPS Office Fiscal Year 2020
Hiring Grant) pending a briefing during a future Council Work Session,
and refer Items 3-6 to a future Consent Agenda for action, which motion
carried, all members voted aye (roll call).
(B 20-3)
COMMENTS TO THE CITY COUNCIL
Edwin Stafford expressed concerns about disturbing events occurring
in society (not being acceptable) and thought something needed to be
done.
Samantha Blackburn, Matthew Bainsmith, and Dani Bainsmith submitted
online comments opposing the Cleveland Court development. Comments
included street being too narrow, parking/traffic congestion, property
line manipulation, setback/utility concerns, and issues with City
services such as snow/garbage removal.
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 21, 2020
20 - 4
Bill Rice, Laird Hensler, and Heather Newell submitted online
comments in favor of funding the Community Development Block Grant (CDBG)
application for the INN Between and the Backman Bridge proposal.
Hollie Pryor submitted online comments about safety issues relating
to pedestrian crossing signals (lights needing to always come on).
Zachery Dussault submitted online comments in support of the zoning
proposal at 347, 353, and 359 North 700 West (RECM Investments).
Dave Iltis submitted online comments opposing the proposed alley
vacation at 1040 South Washington Street. He said the Council should
stop alley closures/vacations until a City-wide alleyway policy was in
place.
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7:21:33 PM
Councilmember Wharton
ing patrons to enter a
restaurant to place an order but still prohibiting them from remaining
inside to eat.
Mayor Mendenhall said she had not issued a subsequent proclamation,
from quite a few restaurant owners in Salt Lake City who were not
comfortable with that and would not be opening their doors for people to
come in.
Councilmember Johnston said he petitioned to increase height
limitations in the Station Center Area and understood discussions were
held about exploring resources to conduct a comprehensive study of zoning
issues and asked if that was being considered in the current budget.
Mayor Mendenhall said not in the current budget, but Planning was
working on a proposal that would probably come to the Council in a mid-
year budget amendment. She said originally there were discussions about
making a few changes to a piece of the process which had somehow
mushroomed into something much larger and was now consuming a lot of
something would be forwarded to the Council in the next 60-days or so.
POTENTIAL ACTION ITEMS
#1. 7:26:32 PM Approve a resolution adopting the
recommendations and an appropriations resolution adopting the One-Year
Annual Action Plan that includes Community Development Block Grant (CDBG)
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 21, 2020
20 - 5
funding, HOME Investment Partnership Program funding, Emergency
Solutions Grant (ESG) funding, Housing Opportunities for Persons with
AIDS (HOPWA) funding, for Fiscal Year 2020-2021 and approving an
Interlocal Cooperation Agreement between Salt Lake City and the United
States Department of Housing and Urban Development (HUD). View Attachment
Councilmember Wharton said the item needed to be pulled.
(T 20-1)
CONSENT 7:28:06 PM
Councilmember Fowler moved and Councilmember Mano seconded to
approve the Consent Agenda, with the exception of Item G4 (Jim Espeland,
Transportation Advisory Board), which motion carried, all members voted
aye (roll call).
#1. Approving the appointment of Marjorie Rasmussen to the
Transportation Advisory Board for a term ending September 25, 2023. View
Attachment
(I 20-6)
#2. Approving the appointment of Kerry Doane to the Transportation
Advisory Board for a term ending September 25, 2023. View Attachment
(I 20-6)
#3. Approving the appointment of Myron Willson to the
Transportation Advisory Board for a term ending September 25, 2023. View
Attachment
(I 20-6)
#4. Item Pulled. Approving the appointment of Jim Espeland to the
Transportation Advisory Board for a term ending September 25, 2023. View
Attachment
(I 20-6)
#5. Approving the reappointment of Courtney Reeser to the
Transportation Advisory Board for a term ending September 26, 2022. View
Attachment
(I 20-6)
#6. Confirming the date of Tuesday, May 5, 2020 at 7:00 p.m. to
continue to accept public comment regarding an ordinance that would
rezone property at 2064 North and 2066 North 2200 West from AG-2
(Agricultural) to M-1 (Light Manufacturing) pursuant to Petition No.
PLNPCM-2019-00431. The Council may consider adopting the ordinance on
the same night of the second public hearing. The applicant is requesting
the rezone to accommodate future development of the property and
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 21, 2020
20 - 6
implement the area master plan zoning. No site development proposal has
been submitted at this time. Although the applicant has requested that
the property be rezoned to M-1, consideration may be given to rezoning
the property to another zoning district with similar characteristics.
View Attachment
(P 20-7)
#7. Confirming the date of Tuesday, May 5, 2020 at 7:00 p.m. to
continue to accept public comment regarding an ordinance that would close
a City-owned alley located at approximately 1040 South Washington Street
pursuant to Petition No. PLNPCM2019-00400. The Council may consider
adopting the ordinance on the same night of the second public hearing.
The alley is 15 feet wide and approximately 253 feet long. It runs west
of Washington Street toward an abandoned Utah Transit Authority (UTA)
railroad line, where it becomes a dead end before reaching 300 West
Street. The proposal would allow the petitioner to incorporate it into
the seven of eight adjacent properties they own. View Attachment
(P 20-8)
#8. Confirming the date of Tuesday, May 5, 2020 at 7:00 p.m. to
continue to accept public comment regarding an ordinance amending the
Central Community Master Plan Future Land Use Map and the zoning map
pertaining to a property at 1430 South 400 East pursuant to Petition
Nos. PLNPCM2019-00189 and PLNPCM2019-00190. The Council may consider
adopting the ordinance on the same night of the second public hearing.
The rezone and amendments would allow the applicant to build a seven-
unit development. The proposal would change the Central Community Master
Plan Future Land Use Map from Low Density Residential to Medium Density
Residential and rezone the property from RMF-35 (Moderate Density Multi-
Family Residential District) to FB-UN1 (Form Based Urban Neighborhood
District). Although the applicant has requested that the property be
rezoned to the FB-UN1 district, consideration may be given to rezoning
the property to another zoning district with similar characteristics
(Cleveland Court Master Plan Amendment). View Attachment
(P 20-10)
#9. Confirming the date of Tuesday, May 5, 2020 at 7:00 p.m. to
continue to accept public comment regarding an ordinance amending the
zoning map pertaining to three parcels of property located at 347, 353
and 359 North 700 West to rezone the parcels from SR-1 Special
Development Pattern Residential to RMF-35 Moderate Density Multi-family
Residential pursuant to Petition No. PLNPCM2019-00638. The Council may
consider adopting the ordinance the same night of the second public
hearing. The request is in anticipation of a multi-family project being
constructed at the site. Consideration may be given to rezoning the
property to another zoning district with similar characteristics (RECM
Investments, LLC). View Attachment
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 21, 2020
20 - 7
(P 20-5)
#10. Confirming the date of Tuesday, May 5, 2020 at 7:00 p.m. to
continue to accept public comment regarding an ordinance amending the
zoning map for the property at 480 East 6th Avenue from Special
Development Pattern Residential District (SR-1A) to Small Neighborhood
Business District (SNB) pursuant to Petition No. PLNPCM2018-00813. The
Council may consider adopting the ordinance on the same night of the
second public hearing. The proposed rezone is to make the current legal
nonconforming commercial use in the 6th Avenue structure conforming and
allow for a commercial use in the historically residential structure
facing G Street. Consideration may be given to rezoning the property to
another zoning district with similar characteristics. View Attachment
(P 20-6)
#11. Setting the date of Tuesday, May 19, 2020 and Tuesday, June 2,
2020 at 7:00 p.m. to accept public comment regarding an ordinance
adopting the final budget and the employment staffing document for Salt
Lake City, Utah and related ordinances for Fiscal Year 2020-2021
(including Library Fund).
(B 20-1)(B 20-2)
Note: The Council adjourned the Formal Meeting and convened as the
Local Building Authority of Salt Lake City. (See File M 20-2)
The meeting adjourned at 7:31 p.m.
______________________________
Council Chair
______________________________
City Recorder
This document is not intended to serve as a full transcript as
additional discussion may have been held; please refer to the audio or
video for entire content pursuant to Utah Code §52-4-203(2)(b).
This document along with the digital recording constitute the
official minutes of the Salt Lake City Formal Session held April 21,
2020.
sc
Item B1
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Lehua Weaver
Policy Analyst
DATE:September 21, 2021
RE: Sale of Sales & Excise Tax Revenue and Refunding Bonds
MOTION 1 – To Close the Public Hearing
I move that the City Council close the public hearing
MARYBETHTHOMPSON
Chief Financial Officer
ERINMENDENHALL
Mayor
DEPARTMENT OF FINANCE
451 SOUTH STATE STREET, ROOM 245
SALT LAKE CITY, UTAH 84114
TEL 801-535-6403
CITY COUNCIL TRANSMITTAL
_________________________ Date Received:__________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council:_____________
TO:Salt Lake City Council DATE:July 26, 2021
Amy Fowler, Chair
FROM:Mary Beth Thompson, Chief Financial Officer ________________________________
SUBJECT:Salt LakeCitySalesand ExciseTaxRevenueRefunding Bonds,Series 2021ABond
Resolution.
STAFF CONTACT:Marina Scott, City Treasurer
801-535-6565
DOCUMENT TYPE: Resolution
RECOMMENDATION:1) That the City Council consider adopting a Bond Resolution on August 17,
2021 approving the issuance and sale of up to $26,100,000 principal amount of Sales and Excise Tax
Revenue Refunding Bonds, Series 2021A (the Bonds ), and give authority to certain officers to
approve the final terms and provisions of and confirm the sale of the Bonds within certain
parameters set forth in the attached Bond Resolutions; 2.) That the Board of Trustees of the Local
Building Authority will consider adopting of an Authority Resolution of August 17, 2021 authorizing
the redemption of certain outstanding Lease Revenue Bonds; authorizing the execution and delivery
of one or more escrow agreements; authorizing the taking of all other actions necessary for the
consummation of the transactions contemplated by this resolution; and related matters.
BUDGET IMPACT:The Administration proposes to refund the following bonds:
Sales and Excise Tax Bonds
Sales and Excise Tax Revenue Bonds, Series 2012A (the Series 2012A Bonds ). Current estimates
provided by the City s Financial Advisors indicate that as a result of the refunding the City could
expect to receive on average $57,884 (about 6.2% of refunded principal) in annual savings in reduced
debt costs.
Sales Tax Refunding Transmittal - 07262021
Transmittal to City Council
June 7, 2021
Page 2 of 2
Sales Tax Revenue Bonds, Series 2013 B (the Series 2013B Bond ). As a result of the refunding, the
City could expect to receive on average $29,649 (about 7.8% of refunded principal) in annual savings
in reduced debt costs.
Local Building Authority Bonds
Local Building Authority Lease Revenue Bonds, Series 2013A (the Series 2013A As a
result of the refunding, the City could expect to receive on average $25,884 (about 7.5% of refunded
principal) in annual savings in reduced debt costs.
Local Building Authority Lease Revenue Bonds, Series 2014A (the Series 2014A As a
result of the refunding, the City could expect to receive on average $28,904 (about 7.6% of refunded
principal) in annual savings in reduced debt costs.
The library will continue to make debt service payments on the refunded bonds.
BACKGROUND/DISCUSSION: The current plan calls for the Bonds to be sold on September 28, 2021.
An estimated debt service schedule, a draft copy of the authorizing resolution of the City Council,
and a draft copy of the bond Resolution and most of its attachments are included for your review.
Please keep in mind that these are preliminary drafts and are subject to change.
Agenda and motion language, the Certificate of Determination, and the Bond Purchase Agreement
will need to be signed by the Mayor and Council Chair or their respective designees on the afternoon
of the date of pricing and sale of the bonds, which is currently scheduled for September 28, 2021.
Attachments
cc: Mary Beth Thompson, Boyd Ferguson, Steven Bagley, Lisa Shaffer, Sara Montoya
AUGUST 17, 2021 MEETING
Salt Lake City Council
Agenda Item for August 17, 2021
UNFINISHED BUSINESS:
Suggested Agenda Language relating to the delegating bond resolution for the sales and excise
tax revenue refunding bonds to be considered on August 17, 2021:
Resolution: Authorizing the Issuance and the Sale of Sales and Excise Tax Revenue Refunding
Bonds
a. Consider adopting a resolution authorizing up to $26,100,000 of sales and excise tax
revenue refunding bonds, in one or more series and on a taxable or tax-exempt basis, to
finance the acquisition of certain library facilities by refinancing certain lease revenue
bonds and to refund certain outstanding sales and excise tax revenue bonds; delegating
authority to certain officials and officers to approve the final terms of such bonds;
authorizing the holding of a public hearing and providing for related matters.
b. Set the date of Tuesday, September 21, 2021 at 7:00 p.m. to receive input from the public
with respect revenue bonds to finance
the acquisition of certain library facilities from the Local Building Authority of Salt Lake
City and the potential economic impact that such library facilities will have on the private
sector.
Staff Recommendation: Adopt the resolution.
Suggested Motion Language is as follows:
I move that the City Council adopt the delegating bond resolution authorizing up to $26,100,000
of sales and excise tax revenue refunding bonds and providing for related matters.
Suggested Agenda Language relating to the public hearing for the sales and excise tax revenue
refunding bonds to be held by the City Council at its meeting on September 21, 2021:
Resolution: Authorizing the Issuance and Sale of Sales and Excise Tax Revenue Refunding
Bonds
and excise tax revenue bonds to finance the cost of the acquisition of certain library facilities
from the Local Building Authority of Salt Lake City and the potential economic impact that such
library facilities will have on the private sector
Agenda and Motion Language.doc
Staff Recommendation: Close hearing.
Board of Directors of the Local Building Authority of Salt Lake City, Utah
Agenda Item for August 17, 2021
UNFINISHED BUSINESS:
Suggested Agenda Language relating to the resolution providing for the redemption of certain
lease revenue bonds currently scheduled to be considered by the Board of Directors at its
meeting on August 17, 2021:
Resolution: Authorizing the Redemption of Certain Lease Revenue Bonds
Consider adopting a resolution authorizing the redemption of certain outstanding lease revenue
bonds; authorizing the execution and delivery of certain related documents, and providing related
matters.
Staff Recommendation: Adopt the resolution.
Suggested Motion Language is as follows:
I move that the Board of Directors adopt the resolution authorizing the redemption of lease
revenue bonds and providing for related matters.
Preliminary; subject to change.
SALTLAKECITY,UTAH
$25,460,000 TAXABLE SALES AND EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021A (October 19, 2021 )
(Advance Refund 12A & 13B STR and 13A & 14A LBA)
Total Issue Sources And Uses
Dated 10/19/2021 | Delivered 10/19/2021
Issue
Ref 12A Ref 13B Ref 13A LBA Ref 14A LBA Summary
Sources Of Funds
Par Amount of Bonds $10,385,000.00 $4,830,000.00 $4,910,000.00 $5,335,000.00 $25,460,000.00
Total Sources $10,385,000.00 $4,830,000.00 $4,910,000.00 $5,335,000.00 $25,460,000.00
Uses Of Funds
Total Underwriter's Discount (0.275%) 28,558.75 13,282.50 13,502.50 14,671.25 70,015.00
Costs of Issuance 31,155.00 14,490.00 14,730.00 16,005.00 76,380.00
Deposit to Net Cash Escrow Fund 10,320,828.79 4,804,225.05 4,882,487.95 5,302,490.67 25,310,032.46
Rounding Amount 4,457.46 (1,997.55) (720.45) 1,833.08 3,572.54
Total Uses $10,385,000.00 $4,830,000.00 $4,910,000.00 $5,335,000.00 $25,460,000.00
2021B Taxable Ref only 6. | Issue Summary | 6/16/2021 | 4:03 PM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 1
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$25,460,000 TAXABLE SALES AND EXCISE TAX REVENUE
SERIES 2021A (October 19, 2021 )
(Advance Refund 12A & 13B STR and 13A & 14A LBA)
Debt Service Schedule
REFUNDING BONDS
Date
Principal
Coupon
Interest
Total P+I
Fiscal Total
10/19/2021 - - - - -
04/01/2022 - - 171,446.40 171,446.40 -
06/30/2022 - - - - 171,446.40
10/01/2022 1,035,000.00 0.260% 190,496.00 1,225,496.00 -
04/01/2023 - - 189,150.50 189,150.50 -
06/30/2023 - - - - 1,414,646.50
10/01/2023 1,370,000.00 0.310% 189,150.50 1,559,150.50 -
04/01/2024 - - 187,027.00 187,027.00 -
06/30/2024 - - - - 1,746,177.50
10/01/2024 2,105,000.00 0.590% 187,027.00 2,292,027.00 -
04/01/2025 - - 180,817.25 180,817.25 -
06/30/2025 - - - - 2,472,844.25
10/01/2025 2,140,000.00 0.940% 180,817.25 2,320,817.25 -
04/01/2026 - - 170,759.25 170,759.25 -
06/30/2026 - - - - 2,491,576.50
10/01/2026 2,175,000.00 1.200% 170,759.25 2,345,759.25 -
04/01/2027 - - 157,709.25 157,709.25 -
06/30/2027 - - - - 2,503,468.50
10/01/2027 2,225,000.00 1.460% 157,709.25 2,382,709.25 -
04/01/2028 - - 141,466.75 141,466.75 -
06/30/2028 - - - - 2,524,176.00
10/01/2028 2,275,000.00 1.660% 141,466.75 2,416,466.75 -
04/01/2029 - - 122,584.25 122,584.25 -
06/30/2029 - - - - 2,539,051.00
10/01/2029 2,330,000.00 1.810% 122,584.25 2,452,584.25 -
04/01/2030 - - 101,497.75 101,497.75 -
06/30/2030 - - - - 2,554,082.00
10/01/2030 2,395,000.00 1.910% 101,497.75 2,496,497.75 -
04/01/2031 - - 78,625.50 78,625.50 -
06/30/2031 - - - - 2,575,123.25
10/01/2031 2,465,000.00 2.010% 78,625.50 2,543,625.50 -
04/01/2032 - - 53,852.25 53,852.25 -
06/30/2032 - - - - 2,597,477.75
10/01/2032 2,540,000.00 2.110% 53,852.25 2,593,852.25 -
04/01/2033 - - 27,055.25 27,055.25 -
06/30/2033 - - - - 2,620,907.50
10/01/2033 1,445,000.00 2.210% 27,055.25 1,472,055.25 -
04/01/2034 - - 11,088.00 11,088.00 -
06/30/2034 - - - - 1,483,143.25
10/01/2034 960,000.00 2.310% 11,088.00 971,088.00 -
06/30/2035 - - - - 971,088.00
Total $25,460,000.00 - $3,205,208.40 $28,665,208.40 -
Yield Statistics
Bond Year Dollars $180,132.00
Average Life 7.075 Years
Average Coupon 1.7793665%
Net Interest Cost (NIC) 1.8182352%
True Interest Cost (TIC) 1.8100615%
Bond Yield for Arbitrage Purposes 1.7681802%
All Inclusive Cost (AIC) 1.8559259%
IRS Form 8038
Net Interest Cost 1.7793665%
Weighted Average Maturity 7.075 Years
2021B Taxable Ref only 6. | Issue Summary | 6/16/2021 | 4:03 PM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 2
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$10,385,000 TAXABLE SALES AND EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021 (October 19, 2021 )
(Advance Refund 2012A)
Debt Service Schedule
Date Principal Coupon
Interest
Total P+I
Fiscal Total
10/19/2021 - - - - -
04/01/2022 - - 63,626.40 63,626.40 -
06/30/2022 - - - - 63,626.40
10/01/2022 815,000.00 0.260% 70,696.00 885,696.00 -
04/01/2023 - - 69,636.50 69,636.50 -
06/30/2023 - - - - 955,332.50
10/01/2023 825,000.00 0.310% 69,636.50 894,636.50 -
04/01/2024 - - 68,357.75 68,357.75 -
06/30/2024 - - - - 962,994.25
10/01/2024 850,000.00 0.590% 68,357.75 918,357.75 -
04/01/2025 - - 65,850.25 65,850.25 -
06/30/2025 - - - - 984,208.00
10/01/2025 870,000.00 0.940% 65,850.25 935,850.25 -
04/01/2026 - - 61,761.25 61,761.25 -
06/30/2026 - - - - 997,611.50
10/01/2026 900,000.00 1.200% 61,761.25 961,761.25 -
04/01/2027 - - 56,361.25 56,361.25 -
06/30/2027 - - - - 1,018,122.50
10/01/2027 930,000.00 1.460% 56,361.25 986,361.25 -
04/01/2028 - - 49,572.25 49,572.25 -
06/30/2028 - - - - 1,035,933.50
10/01/2028 960,000.00 1.660% 49,572.25 1,009,572.25 -
04/01/2029 - - 41,604.25 41,604.25 -
06/30/2029 - - - - 1,051,176.50
10/01/2029 1,000,000.00 1.810% 41,604.25 1,041,604.25 -
04/01/2030 - - 32,554.25 32,554.25 -
06/30/2030 - - - - 1,074,158.50
10/01/2030 1,035,000.00 1.910% 32,554.25 1,067,554.25 -
04/01/2031 - - 22,670.00 22,670.00 -
06/30/2031 - - - - 1,090,224.25
10/01/2031 1,080,000.00 2.010% 22,670.00 1,102,670.00 -
04/01/2032 - - 11,816.00 11,816.00 -
06/30/2032 - - - - 1,114,486.00
10/01/2032 1,120,000.00 2.110% 11,816.00 1,131,816.00 -
06/30/2033 - - - - 1,131,816.00
Total $10,385,000.00 - $1,094,689.90 $11,479,689.90 -
Yield Statistics
Bond Year Dollars $65,210.75
Average Life 6.279 Years
Average Coupon 1.6786955%
Net Interest Cost (NIC) 1.7224900%
True Interest Cost (TIC) 1.7155058%
Bond Yield for Arbitrage Purposes 1.7681802%
All Inclusive Cost (AIC) 1.7666724%
IRS Form 8038
Net Interest Cost 1.6786955%
Weighted Average Maturity 6.279 Years
2021B Taxable Ref only 6. | Ref 12A | 6/16/2021 | 4:03 PM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 7
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$4,830,000 TAXABLE SALES AND EXCISE
SERIES 2021 (October 19, 2021 )
(Advance Refund 2013B)
Debt Service Schedule
TAX REVENUE REFUNDING BONDS
Date Principal Coupon
Interest
Total P+I
Fiscal Total
10/19/2021 - - - - -
04/01/2022 - - 34,147.80 34,147.80 -
06/30/2022 - - - - 34,147.80
10/01/2022 75,000.00 0.260% 37,942.00 112,942.00 -
04/01/2023 - - 37,844.50 37,844.50 -
06/30/2023 - - - - 150,786.50
10/01/2023 75,000.00 0.310% 37,844.50 112,844.50 -
04/01/2024 - - 37,728.25 37,728.25 -
06/30/2024 - - - - 150,572.75
10/01/2024 440,000.00 0.590% 37,728.25 477,728.25 -
04/01/2025 - - 36,430.25 36,430.25 -
06/30/2025 - - - - 514,158.50
10/01/2025 445,000.00 0.940% 36,430.25 481,430.25 -
04/01/2026 - - 34,338.75 34,338.75 -
06/30/2026 - - - - 515,769.00
10/01/2026 445,000.00 1.200% 34,338.75 479,338.75 -
04/01/2027 - - 31,668.75 31,668.75 -
06/30/2027 - - - - 511,007.50
10/01/2027 455,000.00 1.460% 31,668.75 486,668.75 -
04/01/2028 - - 28,347.25 28,347.25 -
06/30/2028 - - - - 515,016.00
10/01/2028 460,000.00 1.660% 28,347.25 488,347.25 -
04/01/2029 - - 24,529.25 24,529.25 -
06/30/2029 - - - - 512,876.50
10/01/2029 465,000.00 1.810% 24,529.25 489,529.25 -
04/01/2030 - - 20,321.00 20,321.00 -
06/30/2030 - - - - 509,850.25
10/01/2030 475,000.00 1.910% 20,321.00 495,321.00 -
04/01/2031 - - 15,784.75 15,784.75 -
06/30/2031 - - - - 511,105.75
10/01/2031 485,000.00 2.010% 15,784.75 500,784.75 -
04/01/2032 - - 10,910.50 10,910.50 -
06/30/2032 - - - - 511,695.25
10/01/2032 500,000.00 2.110% 10,910.50 510,910.50 -
04/01/2033 - - 5,635.50 5,635.50 -
06/30/2033 - - - - 516,546.00
10/01/2033 510,000.00 2.210% 5,635.50 515,635.50 -
06/30/2034 - - - - 515,635.50
Total $4,830,000.00 - $639,167.30 $5,469,167.30 -
Yield Statistics
Bond Year Dollars $35,723.50
Average Life 7.396 Years
Average Coupon 1.7892068%
Net Interest Cost (NIC) 1.8263882%
True Interest Cost (TIC) 1.8195651%
Bond Yield for Arbitrage Purposes 1.7681802%
All Inclusive Cost (AIC) 1.8634910%
IRS Form 8038
Net Interest Cost 1.7892068%
Weighted Average Maturity 7.396 Years
2021B Taxable Ref only 6. | Ref 13B | 6/16/2021 | 4:03 PM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 11
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$4,910,000 TAXABLE SALES AND EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021 (October 19, 2021 )
(Advance Refund 2013A LBA)
Debt Service Schedule
Date Principal Coupon
Interest
Total P+I
Fiscal Total
10/19/2021 - - - - -
04/01/2022 - - 36,310.05 36,310.05 -
06/30/2022 - - - - 36,310.05
10/01/2022 65,000.00 0.260% 40,344.50 105,344.50 -
04/01/2023 - - 40,260.00 40,260.00 -
06/30/2023 - - - - 145,604.50
10/01/2023 65,000.00 0.310% 40,260.00 105,260.00 -
04/01/2024 - - 40,159.25 40,159.25 -
06/30/2024 - - - - 145,419.25
10/01/2024 405,000.00 0.590% 40,159.25 445,159.25 -
04/01/2025 - - 38,964.50 38,964.50 -
06/30/2025 - - - - 484,123.75
10/01/2025 410,000.00 0.940% 38,964.50 448,964.50 -
04/01/2026 - - 37,037.50 37,037.50 -
06/30/2026 - - - - 486,002.00
10/01/2026 415,000.00 1.200% 37,037.50 452,037.50 -
04/01/2027 - - 34,547.50 34,547.50 -
06/30/2027 - - - - 486,585.00
10/01/2027 415,000.00 1.460% 34,547.50 449,547.50 -
04/01/2028 - - 31,518.00 31,518.00 -
06/30/2028 - - - - 481,065.50
10/01/2028 425,000.00 1.660% 31,518.00 456,518.00 -
04/01/2029 - - 27,990.50 27,990.50 -
06/30/2029 - - - - 484,508.50
10/01/2029 430,000.00 1.810% 27,990.50 457,990.50 -
04/01/2030 - - 24,099.00 24,099.00 -
06/30/2030 - - - - 482,089.50
10/01/2030 440,000.00 1.910% 24,099.00 464,099.00 -
04/01/2031 - - 19,897.00 19,897.00 -
06/30/2031 - - - - 483,996.00
10/01/2031 445,000.00 2.010% 19,897.00 464,897.00 -
04/01/2032 - - 15,424.75 15,424.75 -
06/30/2032 - - - - 480,321.75
10/01/2032 455,000.00 2.110% 15,424.75 470,424.75 -
04/01/2033 - - 10,624.50 10,624.50 -
06/30/2033 - - - - 481,049.25
10/01/2033 465,000.00 2.210% 10,624.50 475,624.50 -
04/01/2034 - - 5,486.25 5,486.25 -
06/30/2034 - - - - 481,110.75
10/01/2034 475,000.00 2.310% 5,486.25 480,486.25 -
06/30/2035 - - - - 480,486.25
Total $4,910,000.00 - $728,672.05 $5,638,672.05 -
Yield Statistics
Bond Year Dollars $38,954.50
Average Life 7.934 Years
Average Coupon 1.8705722%
Net Interest Cost (NIC) 1.9052344%
True Interest Cost (TIC) 1.8970342%
Bond Yield for Arbitrage Purposes 1.7681802%
All Inclusive Cost (AIC) 1.9383521%
IRS Form 8038
Net Interest Cost 1.8705722%
Weighted Average Maturity 7.934 Years
2021B Taxable Ref only 6. | Ref 13A LBA | 6/16/2021 | 4:03 PM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 15
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$5,335,000 TAXABLE SALES AND EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021 (October 19, 2021 )
(Advance Refund 2014A LBA)
Debt Service Schedule
Date Principal Coupon
Interest
Total P+I
Fiscal Total
10/19/2021 - - - - -
04/01/2022 - - 37,362.15 37,362.15 -
06/30/2022 - - - - 37,362.15
10/01/2022 80,000.00 0.260% 41,513.50 121,513.50 -
04/01/2023 - - 41,409.50 41,409.50 -
06/30/2023 - - - - 162,923.00
10/01/2023 405,000.00 0.310% 41,409.50 446,409.50 -
04/01/2024 - - 40,781.75 40,781.75 -
06/30/2024 - - - - 487,191.25
10/01/2024 410,000.00 0.590% 40,781.75 450,781.75 -
04/01/2025 - - 39,572.25 39,572.25 -
06/30/2025 - - - - 490,354.00
10/01/2025 415,000.00 0.940% 39,572.25 454,572.25 -
04/01/2026 - - 37,621.75 37,621.75 -
06/30/2026 - - - - 492,194.00
10/01/2026 415,000.00 1.200% 37,621.75 452,621.75 -
04/01/2027 - - 35,131.75 35,131.75 -
06/30/2027 - - - - 487,753.50
10/01/2027 425,000.00 1.460% 35,131.75 460,131.75 -
04/01/2028 - - 32,029.25 32,029.25 -
06/30/2028 - - - - 492,161.00
10/01/2028 430,000.00 1.660% 32,029.25 462,029.25 -
04/01/2029 - - 28,460.25 28,460.25 -
06/30/2029 - - - - 490,489.50
10/01/2029 435,000.00 1.810% 28,460.25 463,460.25 -
04/01/2030 - - 24,523.50 24,523.50 -
06/30/2030 - - - - 487,983.75
10/01/2030 445,000.00 1.910% 24,523.50 469,523.50 -
04/01/2031 - - 20,273.75 20,273.75 -
06/30/2031 - - - - 489,797.25
10/01/2031 455,000.00 2.010% 20,273.75 475,273.75 -
04/01/2032 - - 15,701.00 15,701.00 -
06/30/2032 - - - - 490,974.75
10/01/2032 465,000.00 2.110% 15,701.00 480,701.00 -
04/01/2033 - - 10,795.25 10,795.25 -
06/30/2033 - - - - 491,496.25
10/01/2033 470,000.00 2.210% 10,795.25 480,795.25 -
04/01/2034 - - 5,601.75 5,601.75 -
06/30/2034 - - - - 486,397.00
10/01/2034 485,000.00 2.310% 5,601.75 490,601.75 -
06/30/2035 - - - - 490,601.75
Total $5,335,000.00 - $742,679.15 $6,077,679.15 -
Yield Statistics
Bond Year Dollars $40,243.25
Average Life 7.543 Years
Average Coupon 1.8454751%
Net Interest Cost (NIC) 1.8819315%
True Interest Cost (TIC) 1.8723966%
Bond Yield for Arbitrage Purposes 1.7681802%
All Inclusive Cost (AIC) 1.9157255%
IRS Form 8038
Net Interest Cost 1.8454751%
Weighted Average Maturity 7.543 Years
2021B Taxable Ref only 6. | Ref 14A LBA | 6/16/2021 | 4:03 PM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 19
Draft of
6/18/21
RESOLUTION NO. OF 2021
A Resolution authorizing the redemption of certain outstanding Lease
Revenue Bonds; authorizing the execution and delivery of one or
more escrow agreements; authorizing the taking of all other actions
necessary for the consummation of the transactions contemplated by
this resolution; and related matters.
*** *** ***
WHEREAS, the Local Building Authority of Salt Lake City, Utah (the ), has
been duly organized as a Utah nonprofit corporation by Salt Lake City, Utah (the ), solely
for the purpose of (a) accomplishing the public purposes for which the City exists by acquiring,
constructing, improving or extending any improvements, facilities or properties (whether real or
personal) and appurtenances to them which the City is authorized or permitted by law to acquire,
including, but not limited to, public buildings or other structures of every nature or any joint or
partial interest in the same, and (b) financing the costs of such projects on behalf of the City in
accordance with the procedures and subject to the limitations of the Local Building Authority Act,
Title 17D, Chapter 2, Utah Code Annotated 1953, as amended (the ), and other applicable
Utah law;
WHEREAS, the Authority has previously issued its (i) Lease Revenue Bonds, Series 2013A
(the LBA ) and (ii) Lease Revenue Bonds, Series 2014A (the LBA )
to finance the acquisition and construction of certain library facilities (the )
and has leased such facilities to the City pursuant to that certain Master Lease Agreement, dated
as of June 1, 2013, as heretofore amended and supplemented (the ), between the Authority
and the City;
WHEREAS, pursuant to Section 14.01 of the Lease, the City has the option to purchase the
Leased Facilities on each Optional Purchase Date (as defined in the Master Lease);
WHEREAS, on the date hereof the City Council of the City adopted a resolution authorizing
the issuance and sale of one or more series of its sales and excise tax revenue bonds (the
), a purpose of the proceeds of which is to pay the Option Price (as defined in the
Master Lease) for the Leased Facilities on the applicable Optional Purchase Date by entering into
an Escrow Agreement (the ) with the Authority and an escrow agent, to hold
such proceeds in escrow to pay the Option Price on the applicable Optional Purchase Date;
WHEREAS, the form of the Escrow Agreement has been prepared and distributed to the
Authority, and the Authority has examined the provisions of the Escrow Agreement and desires at
this time to approve the terms and provisions of the Escrow Agreement and to authorize the
execution and deli
designee (the ) and by the countersignature and attestation thereof by the
Secretary/Clerk, or any assistant or deputy Secretary/Clerk (the ); and
Authority Resolution v6 pdf
8709966/RDB/mo
- 2 - 2021 Authority Resolution
WHEREAS, on the applicable Optional Purchase Date, the Authority desires to redeem the
then outstanding 2013A LBA Bonds and 2014A LBA Bonds (collectively, the
);
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Local Building
Authority of Salt Lake City, Utah, as follows:
Section 1. Authorization of Escrow Agreement. One or more Escrow Agreements, in
substantially the form set forth as Exhibit A hereto, with such insertions, changes and additions as
shall be made with the approval of the President, execution by the President thereof to constitute
conclusive evidence of such approval, is hereby in all respects authorized and approved. The
Authority, through the President and the Secretary/Clerk, shall enter into the Escrow Agreement
with an escrow agent establishing one or more escrow accounts from which the redemption price
of, and interest on, the Redeemed Bonds shall be paid when due. After all the Redeemed Bonds
shall have become due and payable pursuant to call for redemption, any investments remaining in
an escrow account shall be liquidated, and any proceeds of liquidation over and above the amount
necessary to be retained for the payment of any Redeemed Bonds not yet presented for payment,
including interest due and payable, shall be paid in accordance with the Escrow Agreement. The
President is hereby authorized and directed to execute and deliver, and the Secretary/Clerk to seal,
countersign and attest, the Escrow Agreement.
Section 2. Notice of Intent to Purchase. The execution by the City of the Escrow
written notice of the intent to purchase the applicable Leased Facilities under Section 14.01
of the Lease.
Section 3. Provision for Redemption the Redeemed Bonds. It is hereby found and
determined that, pursuant to the Escrow Agreement and this resolution, moneys and governmental
obligations permitted under the Act, the principal of and the interest on which, when due, will
provide moneys that will be sufficient to pay, when due, pursuant to call for redemption, the
redemption price of and interest due and to become due on, the Redeemed Bonds, will be deposited
with the escrow agent and provision thereby made for the redemption of the Redeemed Bonds.
Section 4. Authorization of Redemption Prior to Maturity of Redeemed Bonds. Upon
the issuance of the City STR Bonds and the funding of the escrow account under the Escrow
Agreement, the Redeemed Bonds are irrevocably called for redemption on October 15, 2023, each
at the redemption price of one hundred percent (100%) of the principal amount of each such
Redeemed Bond so called for redemption plus accrued interest thereon to the date fixed for
redemption. Notice of such redemption shall be given as provided in that certain Indenture of
Trust, Assignment of Lease Agreements and Security Agreement, dated as of June 1, 2013, as
heretofore amended and supplemented, between the Authority and U.S. Bank National
Association, as trustee.
Section 5. Other Certificates and Documents Required to Transfer Title to the City.
Upon satisfaction of any of the conditions listed in Section 14.02(b) of the Lease, each of the
- 3 - 2021 Authority Resolution
President and the Secretary/Clerk is hereby authorized and directed to execute such certificates
and documents as are required to transfer title to the Leased Facilities to the City.
Section 6. Other Actions With Respect to the Redemption of the Redeemed Bonds . The
officers and employees of the Authority shall take all action necessary or reasonably required to
carry out, give effect to, and consummate the transactions contemplated hereby and shall take all
action necessary to carry out the redemption of the Redeemed Bonds, including, without limitation,
the execution and delivery of any closing and other documents required to be delivered in
connection with the issuance and sale of the City STR Bonds and the redemption of the Redeemed
Bonds. If (a) the President or (b) the Secretary/Clerk shall be unavailable or unable to execute or
attest and countersign, respectively, the documents that they are hereby authorized to execute,
attest and countersign, the same may be executed, or attested and countersigned, respectively, (i)
Without
limiting the generality of the foregoing, the officers and employees of the Authority are authorized
and directed to take such action as shall be necessary and appropriate to redeem the Redeemed
Bonds.
Section 7. Prior Acts Ratified, Approved and Confirmed. All acts of the officers and
employees of the Authority in connection with the redemption of the Redeemed Bonds are hereby
ratified, approved and confirmed.
Section 8. Resolution Irrepealable. Following the execution and delivery of an Escrow
Agreement, this resolution shall be and remain irrepealable until all of the Redeemed Bonds and
the interest thereon shall have been fully paid, cancelled, and discharged.
Section 9. 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 10. Effective Date. This resolution shall be effective immediately upon its
approval and adoption.
(Signature page follows.)
- 4 -2021 Authority Resolution
ADOPTED AND APPROVED by the Board of Directors of the Local Building Authority of
Salt Lake City, Utah, this 17th day of August, 2021.
LOCAL BUILDING AUTHORITY OF SALT LAKE CITY,
UTAH
By
President
[SEAL]
ATTEST:
Secretary/Clerk
APPROVED AS TO FORM:
By
Senior City Attorney
A-1 2021 Authority Resolution
EXHIBIT A
[ATTACH FORM OF ESCROW AGREEMENT]
8709966/RDB/mo
Draft of
6/18/21
RESOLUTION NO. OF 2021
A Resolution authorizing the issuance and the sale of not to exceed
$26,100,000 aggregate principal amount of Sales and Excise Tax
Revenue Refunding Bonds, in one or more series, on a taxable or tax-
exempt basis, for the purpose of refinancing the projects financed with
certain outstanding Lease Revenue Bonds and refunding certain
outstanding Sales Tax Revenue Bonds of the City; authorizing the
execution and delivery of one or more supplemental trust indentures
to secure said bonds; giving authority to certain officials and officers
to approve the final terms and provisions of the bonds within the
parameters set forth herein; authorizing the taking of all other actions
necessary for the consummation of the transactions contemplated by
this resolution; and related matters.
*** *** ***
WHEREAS, Salt Lake City, Utah (the ), is a duly organized and existing city of the
first class, operating under the general laws of the State of Utah (the );
WHEREAS, the City considers it necessary and desirable and for the benefit of the City to
issue its sales and excise tax revenue refunding bonds, in one or more series, on a taxable or tax-
currently outstanding (i) Sales Tax Revenue Bonds, Series 2012A (the )
and (ii) Sales Tax Revenue Bonds, Series 2013B (the ); (b) refinancing
property that was financed by the issuance of the Local Building Authority of Salt Lake City,
(the ) (i) Lease Revenue Bonds, Series 2013A (the LBA ) and
(ii) Lease Revenue Bonds Bonds, Series 2014A (the ), (c) funding any
necessary reserves and contingencies in connection with the Series 2021 Bonds (defined below)
and (d) paying all related costs authorized by law pursuant to authority contained in the the Local
Government Bonding Act, Chapter 14 of Title 11 (the ), Utah Code
Annotated 1953, as amended (the ) and the Utah Refunding Bond Act, Chapter 27
of Title 11 (the and, collectively with the Government Bonding Act, the
), Utah Code, and other applicable provisions of law;
WHEREAS, for the purposes set forth above, the City has determined (a) to issue its Sales
and Excise Tax Revenue Refunding Bonds, in one or more series, in an aggregate principal amount
not to exceed $26,100,000 (the ) (subject to the further limitations outlined
herein) pursuant to the Master Trust Indenture, dated as of September 1, 2004, as amended and
supplemented to the date hereof (the ), a copy of which is attached here as
Exhibit A and one or more Supplemental Trust Indentures (the ),
between the City and Zions Bancorporation, National Association, as trustee (the ) (the
Master Indenture and the Supplemental Indenture are sometimes collectively referred to
Delegating Bond Resolution (refunding) v9 pdf
- 2 - 2021 Refunding Delegating Bond Resolution
hereinafter as the ), and (b) to cause the proceeds of the sale of the Series 2021 Bonds
to be applied in accordance with the Indenture;
WHEREAS, the City is authorized by the Act to (a) refinance the projects financed with the
2013A LBA Bonds and the 2014A Bonds (collectively, the ) and (b)
refund the Series 2012A Bonds and Series 2013B Bonds (collectively, the STR
and, collectively with the Refunded LBA Bonds, the ), to enter into the
Supplemental Indenture, and to issue the Series 2021 Bonds to finance all or a portion of the costs
of financing the Series 2021A Project and refunding the Refunded Bonds, to fund any necessary
reserves, and to pay all related costs authorized by law;
WHEREAS, Sections 11-14-316 and 11-27-4 of the Utah Code provide for the publication
of a Notice of Bonds to be Issued (the ) and the running of a 30-day contest
period, and the City desires to cause the publication of such Notice of Bonds at this time in
compliance with said section with respect to the Series 2021 Bonds;
WHEREAS, Section 11-14-318 of the Government Bonding Act requires that a public
hearing be held to receive input from the public with respect to the issuance of the Series 2021
Bonds and the potential economic impact that the purchase of the library projects financed with
the Refunded LBA Bonds (the ) will have on the private sector and that notice of
such public hearing be given as provided by law and, in satisfaction of such requirement, the City
desires to publish a Notice of Public Hearing and Intent to Issue Sales and Excise Tax Revenue
Bonds (the of Public Hearing ) pursuant to such Section;
WHEREAS, Section 11-14-307(7) of the Government Bonding Act requires the City to
submit the question of whether or not to issue the LBA Portion of the Series 2021 Bonds to voters
for their approval or rejection if, within 30 calendar days after the publication of the Notice of
Public Hearing, a written petition requesting an election and signed by at least 20% of the
registered voters in the City is filed with the City;
WHEREAS, in the opinion of the City, it is in the best interests of the City that (a) the
Designated Officers (defined below) be authorized to approve the final terms and provisions
relating to the Series 2021 Bonds and to execute the Certificate of Determination (defined below)
containing such terms and provisions and to accept the offer of the underwriter for the Series 2021
Bonds (the ) for the purchase of the Series 2021 Bonds; and (b) the Mayor (defined
below) be authorized to execute the Official Statement with respect to the Series 2021 Bonds, all
as provided herein;
WHEREAS, the form of an Escrow Agreement (the ) has been prepared
and distributed to the City, and the City has examined the provisions of the Escrow Agreement
and desires at this time to approve the terms and provisions of the Escrow Agreement and to
designee (the ), and City Treasurer, or the Deputy Treasurer of the City (the
), and by the countersignature and attestation thereof by the City Recorder, or any
Deputy City Recorder;
- 3 - 2021 Refunding Delegating Bond Resolution
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows:
Section 1. Issuance of Bonds. (a) For the purposes set forth above, there is hereby
authorized and directed the execution, issuance, sale and delivery of the Series 2021 Bonds in one
or more series (with such adjustments to the series designation as are necessary), on a taxable or
tax-exempt basis, in the aggregate principal amount not to exceed $26,100,000. The Series 2021
Bonds shall be dated as of the date of the initial delivery thereof. The Series 2021 Bonds shall be
in authorized denominations, shall be payable, and shall be executed and delivered all as provided
in the Indenture. The Series 2021 Bonds shall be subject to redemption prior to maturity as
provided in the Indenture.
(b) The form of the Series 2021 Bonds set forth in the form Supplemental Indenture,
subject to appropriate insertions and revisions in order to comply with the provisions of the
Indenture, is hereby approved.
(c) The Series 2021 Bonds shall be special obligations of the City, payable from and
secured by a pledge and assignment of the Revenues (as defined in the Indenture) received by the
City and of certain other moneys held under the Indenture on a parity with any other Bonds (as
defined in the Indenture) issued from time to time under the Master Indenture, including but not
limited to the (i) remaining Series 2012A Bonds, if any, (ii) remaining Series 2013B Bonds,
if any, (iii) Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series 2014A, (iv)
Sales and Excise Tax Revenue Bonds, Series 2014B, (v) Sales and Excise Tax Revenue Refunding
Bonds, Series 2016A, (vi) Sales and Excise Tax Revenue Refunding Bonds, Series 2019A and
(vii) Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series 2019B. The
Series 2021 Bonds shall not be obligations of the State or any other political subdivision thereof,
other than the City, and neither the faith and credit nor the ad valorem taxing or appropriation
power of the State or any political subdivision thereof, including the City, is pledged to the
payment of the Series 2021 Bonds. The Series 2021 Bonds shall not constitute general obligations
of the City or any other entity or body, municipal, state or otherwise.
Section 2. Series 2021 Bond Details; Delegation of Authority. (a) The Series 2021
Bonds shall mature on October 1 (or such other dates as specified in the Certificate of
Determination) of the years and in the principal amounts, and shall bear interest (calculated on the
basis of a year of 360 days consisting of twelve 30-day months) from the Closing Date, payable
semiannually on April 1 and October 1 (or such other dates as specified in the Certificate of
Determination) of each year, and at the rates per annum and commencing on the dates, all as
provided in that certain Certificate of Determination, a form of which is attached hereto as Exhibit
C, of the Designated Officers (defined below) delivered pursuant to this Section 2, setting forth
certain terms and provisions of the Series 2021 Bonds (the ).
(b) There is hereby delegated to the Designated Officers, subject to the limitations
contained in this resolution, the power to determine and effectuate the following with respect to
the Series 2021 Bonds and the Designated Officers are hereby authorized to make such
determinations and effectuations:
- 4 - 2021 Refunding Delegating Bond Resolution
(i) the principal amount of each series of the Series 2021 Bonds necessary to
accomplish the purpose of the Series 2021 Bonds set forth in the recitals hereto and the
aggregate principal amount of each series of the Series 2021 Bonds to be executed and
delivered pursuant to the Indenture; provided that the aggregate principal amount of the
Series 2021 Bonds shall not exceed Twenty-six Million One Hundred Thousand Dollars
($26,100,000);
(ii) the maturity date or dates and principal amount of each maturity of the
Series 2021 Bonds to be issued; provided, however, that the Series 2021 Bonds mature
over a period of not to exceed fifteen (15) years from their date or dates;
(iii) the interest rate or rates, which may be taxable or tax-exempt rates, of the
Series 2021 Bonds and the date on which payment of such interest commences, provided,
however, that the interest rate or rates to be borne by any Series 2021 Bond shall not exceed
five percent (5.00%) per annum;
(iv) the sale of the Series 2021 Bonds and the purchase price to be paid by the
Underwriter of such Series 2021 Bonds; provided, however, that the discount from par of
each series of the Series 2021 Bonds shall not exceed two percent (2.00%) (expressed as a
percentage of the principal amount);
(v) the Series 2021 Bonds, if any, to be retired from mandatory sinking fund
redemption payments and the dates and the amounts thereof;
(vi) the time and redemption price, if any, at which the Series 2021 Bonds may
be called for redemption prior to their maturity at the option of the City; provided, however,
the first optional redemption date shall not be later than ten and a half years from the date
of delivery of the Series 2021 Bonds;
(vii) the amount of reserves necessary to be maintained in connection with each
series of the Series 2021 Bonds, if any;
(viii) the use and deposit of the proceeds of the Series 2021 Bonds;
(ix) the maturity dates and amounts of the Refunded Bonds to be refunded by
the Series 2021 Bonds;
(x) the amount, use and deposit of any funds of the City legally available to
provide for the refunding of the Refunded Bonds (including monies held by the City for
payment of debt service on the Refunded Bonds); and
(xi) any other provisions deemed advisable by the Designated Officers not
materially in conflict with the provisions of this resolution.
For purposes of this resolution and the Series 2021 Bonds, means
(a) the (i) Mayor of the City; or (ii) in the event of the absence or incapacity of the Mayor, the
- 5 - 2021 Refunding Delegating Bond Resolution
Chief of Staff; or (iii) in the event of the absence or incapacity of both the Mayor and the
Mayor, the Chief of Staff and the City Treasurer, the Deputy Treasurer of the City and
(b) (i) the Chair of the City Council; or (ii) in the event of the absence or incapacity of the Chair
of the City Council, the Vice Chair of the City Council; or (iii) in the event of the absence or
incapacity of both the Chair and Vice Chair of the City Council, any other member of the City
Council.
Following the sale of the Series 2021 Bonds, the Designated Officers shall obtain such
information as they deem necessary to make such determinations as provided above and shall make
such determinations as provided above and shall execute the Certificate of Determination
containing such terms and provisions of such series of the Series 2021 Bonds, which execution
shall be conclusive evidence of the action or determination of the Designated Officers as to the
matters stated therein. The provisions of the Certificate of Determination shall be deemed to be
incorporated into this Section 2.
Section 3. Approval and Execution of the Supplemental Indenture. One or more
Supplemental Indentures, in substantially the form of the Supplemental Trust Indenture attached
hereto as Exhibit B, is hereby authorized and approved, and the Mayor is hereby authorized,
empowered and directed to execute and deliver each Supplemental Indenture on behalf of the City,
and the City Recorder or any Deputy City Recorder is hereby authorized, empowered and directed
to affix to each Supplemental Indenture the seal of the City and to attest such seal and countersign
each such Supplemental Indenture, with such changes to each Supplemental Indenture from the
form attached hereto as are approved by the Mayor, her execution thereof to constitute conclusive
evidence of such approval. The provisions of each Supplemental Indenture, as executed and
delivered, are hereby incorporated in and made a part of this resolution. The Master Indenture and
Registered Public Obligations Act of Utah.
Section 4. Final Official Statement. A final Official Statement of the City in
substantially the form of the Preliminary Official Statement presented at this meeting and in the
form attached hereto as Exhibit D, is hereby authorized with such changes, omissions, insertions
and revisions as the Mayor shall deem advisable, including the completion thereof with the
information established at the time of the sale of any Series 2021 Bonds by the Designated Officers
and set forth in the Certificate of Determination. The Mayor shall sign and deliver a final Official
Statement for distribution to prospective purchasers of each series of the Series 2021 Bonds and
other interested persons. The approval of the Mayor of any such changes, omissions, insertions
and revisions shall be conc
Statement.
Section 5. Preliminary Official Statement to be Deemed Final. The use and distribution
of a Preliminary Official Statement, in substantially the form presented at this meeting and in the
form attached hereto as Exhibit D, is hereby authorized and approved, with such changes,
omissions, insertions and revisions as the Mayor and the City Treasurer shall deem advisable. The
Mayor and the City Treasurer are, and each of them is, hereby authorized to do or perform all such
acts and to execute all such certificates, documents and other instruments as may be necessary or
- 6 - 2021 Refunding Delegating Bond Resolution
advisable to provide for the issuance, sale and delivery of any Series 2021 Bonds and to deem final
each Preliminary Official Statement within the meaning and for purposes of paragraph (b)(1) of
Rule 15c2-12 of the Securities and Exchange Commission, subject to completion thereof with the
information established at the time of the sale of any Series 2021 Bonds.
Section 6. Other Certificates and Documents Required to Evidence Compliance with
Federal Tax and Securities Laws. Each of the Mayor, the City Recorder or any Deputy City
Recorder and the City Treasurer is hereby authorized and directed to execute (a) such certificates
and documents as are required to evidence compliance with the federal laws relating to the tax-
exempt status of interest on any Series 2021 Bonds and (b) a Continuing Disclosure Agreement,
in substantially the form attached hereto as Exhibit E, and such other certificates and documents
as shall be necessary to comply with the requirements of Rule 15c2-12 of the Securities and
Exchange Commission and other applicable federal securities laws.
Section 7. Other Actions With Respect to the Series 2021 Bonds. The officers and
employees of the City shall take all action necessary or reasonably required to carry out, give effect
to, and consummate the transactions contemplated hereby and shall take all action necessary in
conformity with the Act to carry out the issuance of the Series 2021 Bonds, including, without
limitation, the execution and delivery of any closing and other documents required to be delivered
in connection with the sale and delivery of the Series 2021 Bonds. If (a) the Mayor, (b) the City
Recorder or (c) the City Treasurer shall be unavailable or unable to execute or attest and
countersign, respectively, the Series 2021 Bonds or the other documents that they are hereby
authorized to execute, attest and countersign, the same may be executed, or attested and
countersigned, respectively, (i) by the Chief of Staff, (ii) by any Deputy City Recorder or (iii) by
the Deputy Treasurer of the City. Without limiting the generality of the foregoing, the officers
and employees of the City are authorized and directed to take such action as shall be necessary and
appropriate to issue the Series 2021 Bonds.
Section 8. Notice of Bonds to be Issued; Contest Period. In accordance with the
provisions of Sections 11-14-316 and 11-27-4 of the Utah Code, the City Recorder or any Deputy
City Recorder shall cause the Notice of Bonds, in substantially the form attached hereto as Exhibit
F, to be published one time in The Salt Lake Tribune, a newspaper published and of general
circulation within the City.
For a period of thirty (30) days from and after publication of the Notice of Bonds, any
person in interest shall have the right to contest the legality of this resolution (including the
Supplemental Indenture attached hereto) or the Series 2021 Bonds hereby authorized or any
provisions made for the security and payment of the Series 2021 Bonds. After such time, no one
shall have any cause of action to contest the regularity, formality or legality of this resolution
(including the Supplemental Indenture) or the Series 2021 Bonds or any provisions made for the
security and payment of the Series 2021 Bonds for any cause.
Section 9. Public Hearing. In satisfaction of the requirements of Section 11-14-318 of
the Act, a public hearing shall be held by the Council on Tuesday, September 21, 2021, during the
Council meeting which begins at 7:00 p.m., which, as determined by the Council Chair, shall be
held either virtually, at the regular meeting place of the Council in the Council Chambers, Room
- 7 - 2021 Refunding Delegating Bond Resolution
315 in the City and County Building, 451 South State Street, in Salt Lake City, Utah, or any
combination thereof, to receive input from the public with respect to the issuance by the City of
the Bonds and the potential economic impact that the purchase of the library projects financed with
the Refunded LBA Bonds will have on the private sector.
Section 10. Publication of Notice of Public Hearing. The City Recorder or any Deputy
City Recorder (the ) shall publish or cause to be published the Notice of Public
Hearing on the Utah Public Notice Website, created under Section 63F-1-701 of the Utah Code,
no less than 14 days before the public hearing. The Notice of Public Hearing shall be in
substantially the form attached hereto as Exhibit I.
Section 11. Form of Petition. The form of the petition to be used by registered voters in
requesting that an election be called to authorize the LBA Portion of the Series 2021 Bonds shall
be in substantially the form attached hereto as Exhibit J.
Section 12. Issuance of Bonds After Thirty-Day Period. In accordance with the
provisions of Section 11-14-307(7) of the Act, if within thirty days after the publication of the
Notice of Public Hearing by posting on the Utah Public Notice Website, a petition or petitions, in
the form specified by Section 11 hereof, are filed with the City Recorder, signed by not less than
twenty percent (20%) of the registered voters of the City (as certified by the County Clerk of Salt
Lake County) requesting that an election be called to authorize the LBA Portion of the Series 2021
Bonds, then the Council shall proceed to call and hold an election on the LBA Portion of the Series
2021 Bonds. If such election is held and a majority of the registered voters of the City voting
thereon approve the LBA Portion of the Series 2021 Bonds, then, in accordance with the provisions
of the Act, the City shall thereupon be authorized to issue the LBA Portion of the Series 2021
Bonds. If no petition is filed within the thirty-day period after the date of the final publication of
such notice, or if it is determined that the number of signatures on the petitions filed within the
thirty-day period after the date of the final publication of such notice is less than the required
number, the City shall proceed to issue the LBA Portion of the Series 2021 Bonds.
Section 13. Sale of the Series 2021 Bonds; Purchase Contract. The Series 2021 Bonds
authorized to be issued herein are hereby authorized to be sold and delivered to the Underwriter,
upon the terms and conditions set forth in the Purchase Contract. The Mayor is hereby authorized,
empowered and directed to execute and deliver the Purchase Contract on behalf of the City in
substantially the form attached hereto as Exhibit G, with such changes therein from the form
attached hereto as are approved by the Mayor, her execution thereof to constitute conclusive
evidence of such approval. The City Recorder or any Deputy City Recorder is hereby authorized,
empowered and directed to affix to the Purchase Contract the seal of the City and to attest such
seal and countersign the Purchase Contract.
Section 14. Provision for Refunding the Refunded Bonds. It is hereby found and
determined that, pursuant to the Escrow Agreement and this resolution, moneys and governmental
obligations permitted under the Act, the principal of and the interest on which, when due, will
provide moneys that will be sufficient to pay, when due, pursuant to call for redemption, the
redemption price of and interest due and to become due on, the Refunded Bonds, will be deposited
with the applicable escrow agent and provision thereby made for the refunding of the Refunded
- 8 - 2021 Refunding Delegating Bond Resolution
Bonds. If deemed desirable, the City Treasurer and the Trustee are hereby authorized to transfer
from any moneys previously designated for the payment of principal of or interest on the Refunded
Bonds the amount designated in the Certificate of Determination pursuant to Section 2(b)(x)
hereof.
Section 15. Authorization of Escrow Agreement. One or more Escrow Agreements, in
substantially the form set forth as Exhibit H hereto, with such insertions, changes and additions as
shall be made with the approval of the Mayor, her execution thereof to constitute conclusive
evidence of such approval, is hereby in all respects authorized and approved. The Mayor, on
behalf of the City, and the City Treasurer shall enter into the Escrow Agreement with the applicable
escrow agent establishing one or more escrow accounts from which the redemption price of, and
interest on, the Refunded Bonds shall be paid when due. After all the Refunded Bonds shall have
become due and payable pursuant to call for redemption, any investments remaining in an escrow
account shall be liquidated, and any proceeds of liquidation over and above the amount necessary
to be retained for the payment of any Refunded Bonds not yet presented for payment, including
interest due and payable, shall be paid in accordance with the Escrow Agreement. The Mayor and
City Treasurer, are hereby authorized and directed to execute and deliver, and the City Recorder
to seal, countersign and attest, the Escrow Agreement.
Section 16. Authorization of Redemption Prior to Maturity of Refunded Bonds. Upon the
issuance of the Series 2021 Bonds, the Refunded Bonds are irrevocably called for redemption on
April 1, 2022, for the Series 2012A Bonds, on October 1, 2023 for the Series 2013B Bonds and
on October 15, 2023 for the Refunded LBA Bonds, each at the redemption price of one hundred
percent (100%) of the principal amount of each such Refunded Bond so called for redemption plus
accrued interest thereon to the date fixed for redemption. Notice of such redemption shall be given
as provided in the Indenture or, in the case of the Refunded LBA Bonds, that certain Indenture of
Trust, Assignment of Lease Agreements and Security Agreement, dated as of June 1, 2013, as
heretofore amended and supplemented, between the Authority and U.S. Bank National
Association, as trustee.
Section 17. City Recorder to Perform Certain Acts. The City Recorder is hereby directed
to maintain a copy of this Resolution (together with all exhibits hereto), a copy of the Master
City temporary office, as applicable) during regular business hours1 for public
examination by registered voters of the City and other interested persons until at least thirty (30)
days from and after the date of publication of the Notice of Bonds and upon request to supply
copies of the form of petition specified in Section 11 hereof.
Section 18. Prior Acts Ratified, Approved and Confirmed. All acts of the officers and
employees of the City in connection with the issuance of the Series 2021 Bonds are hereby ratified,
approved and confirmed.
1 Appointments are encouraged as the temporary office is not occupied during business hours due to the COVID-19
pandemic.
- 9 - 2021 Refunding Delegating Bond Resolution
Section 19. Resolution Irrepealable. Following the execution and delivery of a
Supplemental Indenture, this resolution shall be and remain irrepealable until all of the Series 2021
Bonds and the interest thereon shall have been fully paid, cancelled, and discharged.
Section 20. 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 21. Effective Date. This resolution shall be effective immediately upon its
approval and adoption.
(Signature page follows.)
- 10 -2021 Refunding Delegating Bond Resolution
ADOPTED AND APPROVED by the City Council of Salt Lake City, Utah, this 17th day of
August 2021.
SALT LAKE CITY,UTAH
Chair
Salt Lake City Council
ATTEST:
CityRecorder
[SEAL]
APPROVED:
By
Mayor
APPROVED AS TO FORM:
By
Senior City Attorney
A-1 2021 Refunding Delegating Bond Resolution
EXHIBIT A
[ATTACH COPY OF MASTER TRUST INDENTURE]
B-1 2021 Refunding Delegating Bond Resolution
EXHIBIT B
[ATTACH FORM OF SUPPLEMENTAL TRUST INDENTURE]
C-1 2021 Refunding Delegating Bond Resolution
EXHIBIT C
[ATTACH FORM OF CERTIFICATE OF DETERMINATION]
D-1 2021 Refunding Delegating Bond Resolution
EXHIBIT D
[ATTACH FORM OF PRELIMINARY OFFICIAL STATEMENT]
E-1 2021 Refunding Delegating Bond Resolution
EXHIBIT E
[ATTACH FORM OF CONTINUING DISCLOSURE AGREEMENT]
F-1 2021 Refunding Delegating Bond Resolution
EXHIBIT F
NOTICE OF BONDS TO BE ISSUED
NOTICE IS HEREBY GIVEN pursuant to the provisions of Sections 11-14-316 and 11-27-4,
Utah Code Annotated 1953, as amended, that on August 17, 2021, the City Council (the
) of Salt Lake City, Utah (the ), adopted a resolution (the ) in which
it authorized and approved the issuance of its sales and excise tax revenue bonds in one or more
series, on a taxable or tax-exempt basis (collectively, the ), in an aggregate principal
amount of not to exceed $26,100,000 to bear interest at a rate or rates of not to exceed 5.00% per
annum and to mature not later than 15 years from their date or dates and to be sold at a discount
from par not to exceed 2.00%. The Bonds shall be subject to such optional and mandatory
redemption and other provisions as are contained in the Master Trust Indenture, described below,
and the final form of the Bonds and a Supplemental Trust Indenture, described below.
Pursuant to the Resolution, the Bonds are to be issued for the purpose of paying all or part
Bonds, Series 2012A and (ii) Sales Tax Revenue Bonds, Series 2013B; (b) refinancing certain
that was financed by the issuance of the Local Building Authority of Salt Lake C
Lease Revenue Bonds, Series 2013A and (ii) Lease Revenue Bonds Bonds, Series 2014A, (c)
funding any necessary reserves and contingencies in connection with the Bonds and (d) paying all
related costs authorized by law. The Bonds are to be issued and sold by the City pursuant to the
Resolution, including as part of the Resolution a draft, in substantially final form, of a
Supplemental Trust Indenture, and a copy of the Master Trust Indenture, dated as of September 1,
2004, as heretofor amended and supplemented (the ), between the City and
Zions Bancorporation, National Association, a trustee, that were before the Council and attached
to the Resolution at the time of the adoption of the Resolution. The City will cause one or more
Supplemental Trust Indentures to be executed and delivered in such form and with such changes
thereto as certain designated officers of the City shall approve, provided that the principal amount,
interest rate or rates, maturity and discount, if any, will not exceed the respective maximums
described above.
The repayment of the Bonds will be secured by a pledge of the legally available revenues
from: (a) Local Sales and Use Taxes received by the City pursuant to Title 59, Chapter 12, Part 2,
Utah Code (currently levied and collected pursuant to Chapter 3.04 of the Salt Lake City Code);
(b) Municipal Energy Sales and Use Taxes received by the City pursuant to Title 10, Chapter 1,
Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of the Salt Lake City
Code); (c) the franchise fees for energy and utilities received by the City pursuant to Title 10,
Chapter 1, Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of Salt Lake
City Code); (d) the Municipal Telecommunications License Tax revenues received by the City
pursuant to Title 10, Chapter 1, Part 4, Utah Code (currently levied and collected pursuant to
Chapter 3.10 of Salt Lake City Code); (e) the franchise fees associated with public utilities received
by the City pursuant to Title 10, Chapter 1, Part 3, Utah Code (currently levied and collected
pursuant to Chapter 17.16.070 of Salt Lake City Code); and (f) the franchise fees associated with
F-2 2021 Refunding Delegating Bond Resolution
cable television received by the City pursuant to Salt Lake City Code Chapter 5.20 (collectively,
the ).
The City currently has $ par amount of bonds or notes currently outstanding
that are secured by the Pledged Taxes. More detailed information relating to the outstanding
available on the Office of the Utah State website (www.sao.state.ut.us).
Assuming a final maturity for the Bonds of approximately years from the date hereof
and that the Bonds are issued in an aggregate principal amount of $ and are held until
rates in effect
around the time of publication of this notice, the estimated total cost to the City of the proposed
Bonds is $ .
A copy of the Resolution (including the draft of the Supplemental Trust Indenture and a
copy of the Master Indenture attached to the Resolution) may be examined by appointment at the
temporary office of the City Recorder located at Plaza 349, 349 South 200 East in Salt Lake City,
Utah, during regular business hours from 8:00 a.m. to 5:00 p.m. To schedule an appointment
please call (801) 535-7671. Additionally, a protected, pdf copy of the Resolution may be requested
by sending an email to the City Recorder at SLCRecorder@slcgov.com. The Resolution shall be
so available for inspection for a period of at least thirty (30) 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 (30) 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 (including the Supplemental Trust Indenture attached thereto) of the
City or the Bonds authorized thereby or any provisions made for the security and payment of the
Bonds. After such time, no one shall have any cause of action to contest the regularity, formality
or legality of the Resolution, the Bonds or the provisions for their security or payment for any
cause.
DATED this 17th day of August, 2021.
SALT LAKE CITY, UTAH
By
City Recorder
[SEAL]
G-1 2021 Refunding Delegating Bond Resolution
EXHIBIT G
[ATTACH FORM OF PURCHASE CONTRACT]
H-1 2021 Refunding Delegating Bond Resolution
EXHIBIT H
[ATTACH FORM OF ESCROW AGREEMENT]
I-1 2021 Refunding Delegating Bond Resolution
EXHIBIT I
SALT LAKE CITY, UTAH
NOTICE OF PUBLIC HEARING AND INTENT TO ISSUE
SALES AND EXCISE TAX REVENUE BONDS
PUBLIC NOTICE IS HEREBY GIVEN that on August 17, 2021, the City Council (the )
of Salt Lake City, Utah (the ), adopted a resolution (the ), calling for a public
hearing to receive input from the public with respect to the issuance of its Sales and Excise Tax
Revenue Refunding Bonds (the ) to finance all or a portion of the cost of purchasing
certain libraries that were original financed by the Local Building Authority of Salt Lake City,
Utah, as further described in the Resolution (collectively, the ) and the potential
economic impact that the Project will have on the private sector, pursuant to the Local Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the ).
PURPOSE FOR ISSUING BONDS
The City intends to issue the Bonds for the purpose of (1) financing all or a portion of the
costs of the Project, (2) funding any necessary reserves and contingencies in connection with the
Bonds, and (3) paying the costs incurred in connection with the issuance and sale of the Bonds.
MAXIMUM PRINCIPAL AMOUNT OF THE BONDS
The City intends to issue the Bonds in an aggregate principal amount not exceeding Ten
Million Five Hundred Twenty Thousand Dollars ($10,520,000) to finance the Project. The Bonds
may be issued with other Sales and Excise Tax Revenue Refunding Bonds being issued to refund
currently outstanding Sales and Excise Tax Revenue Bonds so the principal amount may exceed
the amount listed above to finance the costs of the Project.
SALES TAXES PROPOSED TO BE PLEDGED
The City proposes to pledge to the payment of the Bonds all of the legally available
revenues from: (a) Local Sales and Use Taxes received by the City pursuant to Title 59, Chapter
12, Part 2, Utah Code (currently levied and collected pursuant to Chapter 3.04 of the Salt Lake
City Code); (b) Municipal Energy Sales and Use Taxes received by the City pursuant to Title 10,
Chapter 1, Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of the Salt
Lake City Code); (c) the franchise fees for energy and utilities received by the City pursuant to
Title 10, Chapter 1, Part 3, Utah Code (currently levied and collected pursuant to Chapter 3.06 of
Salt Lake City Code); (d) the Municipal Telecommunications License Tax revenues received by
the City pursuant to Title 10, Chapter 1, Part 4, Utah Code (currently levied and collected pursuant
to Chapter 3.10 of Salt Lake City Code); (e) the franchise fees associated with public utilities
received by the City pursuant to Title 10, Chapter 1, Part 3, Utah Code (currently levied and
collected pursuant to Chapter 17.16.070 of Salt Lake City Code); and (f) the franchise fees
associated with cable television received by the City pursuant to Salt Lake City Code Chapter 5.20.
I-2 2021 Refunding Delegating Bond Resolution
TIME, PLACE AND LOCATION OF PUBLIC HEARING
The City will hold a public hearing during its City Council meeting which begins at
7:00 p.m. on September 21, 2021. The public hearing will be held either virtually, at the regular
meeting place of the Council in the Council Chambers, Room 315 in the City and County Building,
451 South State Street, in Salt Lake City, Utah, or any combination thereof, as determined by the
Chair of the City Council. All members of the public are invited to attend and participate in the
public hearing in the manner that will be described in the agenda for the meeting. Written
comments may be submitted to the City, to the attention of the City Recorder, prior to the public
hearing.
PURPOSE FOR HEARING
The purpose of the hearing is to receive input from the public with respect to the issuance
of the Bonds and the potential economic impact that the Project will have on the private sector.
NOTICE OF RIGHT TO FILE PETITION TO HOLD AN ELECTION
NOTICE IS FURTHER GIVEN that pursuant to Section 11-14-307(7), Utah Code, if within 30
calendar days of the publication of this notice on August , 2021, by posting on the Utah Public
Notice Website, a written petition requesting an election and signed by at least twenty percent
(20%) of the registered voters of the City is filed with the City, then the City shall submit the
question of whether or not to issue the Bonds to the voters of the City for their approval or rejection.
If no written petition is filed or if fewer than 20% of the registered voters of the City sign
a written petition, in either case, within 30 calendar days of the posting of this notice on August
, 2021, the City may proceed to issue the Bonds without an election.
SALT LAKE CITY, UTAH
By
City Recorder
J-1 2021 Refunding Delegating Bond Resolution
EXHIBIT J
PETITION
To: City Recorder
Salt Lake City, Utah
We, the undersigned citizens and registered voters of Salt Lake City, Utah, respectfully
request that an election be called by the City Council of Salt Lake City, Utah, pursuant to the
provisions of Section 11-14-307(7), Utah Code Annotated 1953, as amended, to authorize the
issuance by Salt Lake City, Utah, of its Sales and Excise Tax Revenue Refunding Bonds, in a
maximum principal amount not exceeding $10,520,000, as to which notice of intention to issue
was published on August , 2021, by posting on the Utah Public Notice Website, pursuant to the
provisions of a resolution passed by the City Council of Salt Lake City, Utah, at a regular meeting
of the City Council held on August 17, 2021, and each for himself or herself says: I have personally
signed this petition; I am a registered voter of Salt Lake City, Utah; my residence and post office
address are correctly written after my name:
J-2 2021 Refunding Delegating Bond Resolution
WARNING
It is a felony for any one to sign any initiative or referendum petition with any other name
than own, or knowingly to sign name more than once for the same measure, or to sign
such petition when one knows that he or she is not a registered voter.
REGISTERED VOTER S PRINTED
NAME (MUST BE LEGIBLE TO BE
COUNTED)
SIGNATURE OF REGISTERED
VOTER
STREET ADDRESS, CITY, STATE,
ZIP CODE
[The following certification shall appear on the reverse side of each page
[attached to the Petition containing the signature of voters]
J-3 2021 Refunding Delegating Bond Resolution
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
I, , of , hereby certify that I am a
registered voter of Salt Lake City, Salt Lake County, Utah, that all the names which appear on this
sheet were signed by persons who professed to be the persons whose names appear thereon, and
each of them signed his or her name thereto in my presence, I believe that each has printed and
signed his or her name, and written his or her post office address and residence correctly, and that
each signer is a registered voter of Salt Lake City, Salt Lake County, Utah.
Subscribed and sworn to before me this day of , 2021.
Notary Public (or other official title)
CONFORMED COPY
MASTER TRUST INDENTURE
BETWEEN
SALT LAKE CITY, UTAH
AND
ZIONS FIRST NATIONAL BANK
AS TRUSTEE
DATED AS OF SEPTEMBER 1, 2004
PROVIDING FOR THE ISSUANCE OF
SALES AND EXCISE TAX REVENUE BONDS
As Amended by the Fifth Supplemental Trust Indenture, dated as
of January 1, 2012 and the Sixth Supplemental Trust Indenture,
dated as of June 1, 2012, each between Salt Lake City, Utah and
Zions First National Bank, as Trustee
master trust indenture 9-1-04 slc (2).doc
0867929/RJS/RDB/mo Master Trust Indenture
- i - Master Trust Indenture
TABLE OF CONTENTS
SECTION PAGE
Granting Clause ...............................................................................................................................1
ARTICLE I DEFINITIONS, STATUTORY AUTHORITY AND EQUALITY OF BONDS .............................. 2
Section 1.01. Definitions......................................................................................................2
Section 1.02. Construction .................................................................................................19
Section 1.03. Authority for the Indenture ..........................................................................19
Section 1.04. Special Obligations ......................................................................................20
ARTICLE II AUTHORIZATION AND ISSUANCE OF BONDS ...................................................................... 20
Section 2.01. Authorization of Bonds ................................................................................20
Section 2.02. General Provisions for the Issuance of Bonds .............................................20
Section 2.03. Special Provisions for the Issuance of Construction Bonds ........................23
Section 2.04. Special Provisions for the Issuance of Refunding Bonds ............................25
Section 2.05. Provisions Regarding Bonds Secured by a Security Instrument..................27
ARTICLE III TERMS AND PROVISIONS OF BONDS .................................................................................... 27
Section 3.01. Terms of Bonds ............................................................................................27
Section 3.02. Execution of Bonds; Limited Obligations ...................................................29
Section 3.03. Transfer of Bonds ........................................................................................29
Section 3.04. Exchange of Bonds ......................................................................................30
Section 3.05. Form of Bonds .............................................................................................30
Section 3.06. Bond Registration Books .............................................................................31
Section 3.07. Bonds Mutilated, Lost, Destroyed or Stolen ................................................31
ARTICLE IV REDEMPTION OF BONDS.......................................................................................................... 31
Section 4.01. Privilege of Redemption of Bonds ...............................................................31
Section 4.02. Selection of Bonds for Redemption .............................................................31
Section 4.03. Notice of Redemption ..................................................................................32
Section 4.04. Partial Redemption of Bonds; Disposition of Redeemed Bonds .................33
Section 4.05. Effect of Redemption ...................................................................................33
ARTICLE V PLEDGE OF REVENUES; ESTABLISHMENT OF FUNDS AND
APPLICATION THEREOF ........................................................................................... 33
Section 5.01. The Pledge Effected by the Indenture ..........................................................33
Section 5.02. Perfection of Security Interest .....................................................................34
Section 5.03. Establishment of Funds ................................................................................34
Section 5.04. Construction Fund ........................................................................................34
Section 5.05. Revenues; Revenue Fund .............................................................................36
SECTION PAGE
- i - Master Trust Indenture
Section 5.06. Flow of Funds..............................................................................................36
Section 5.07. Principal and Interest Fund - Bond Service Account...................................39
Section 5.08. Principal and Interest Fund - Debt Service Reserve Account ......................40
Section 5.09. Purchase of Bonds........................................................................................41
ARTICLE VI COVENANTS OF THE CITY ....................................................................................................... 41
Section 6.01. Punctual Payment of Bonds .........................................................................41
Section 6.02. Construction of Projects ...............................................................................41
Section 6.03. No Impairment of Revenues ........................................................................42
Section 6.04. Against Encumbrances; Further Assurances ...............................................42
Section 6.05. Covenant of State of Utah ............................................................................42
Section 6.06. Accounts and Reports ..................................................................................42
Section 6.07. Maintenance of Paying Agents ....................................................................43
Section 6.08. Compliance with Indenture ..........................................................................43
Section 6.09. Power to Issue Bonds and Pledge Revenues and Other Funds ....................44
Section 6.10. General .........................................................................................................44
ARTICLE VII THE TRUSTEE, THE PAYING AGENTS AND THE TRANSFER AGENTS ...................... 45
Section 7.01. Trustee..........................................................................................................45
Section 7.02. Paying Agents; Appointment and Acceptance of Duties;
Removal ...............................................................................................46
Section 7.03. Terms and Conditions of the Trusts .............................................................46
Section 7.04. Intervention by the Trustee ..........................................................................50
Section 7.05. Successor Trustee.........................................................................................50
Section 7.06. Concerning Any Successor Trustee .............................................................50
Section 7.07. Compensation of the Trustee and Its Lien ...................................................50
Section 7.08. Appointment of Co-Trustee .........................................................................51
Section 7.09. Appointment, Duties and Term of Remarketing Agent ...............................51
Section 7.10. Appointment, Duties and Term of Additional Transfer Agents ..................51
ARTICLE VIII MODIFICATION OR AMENDMENT OF INDENTURE ........................................................ 52
Section 8.01. Amendments Permitted ................................................................................52
Section 8.02. ................................................................................55
Section 8.03. Amendment by Written Consent .................................................................56
Section 8.04. Disqualified Bonds.......................................................................................56
Section 8.05. Effect of Modification or Amendment ........................................................57
Section 8.06. Endorsement or Replacement of Bonds Issued After
Amendments ........................................................................................57
Section 8.07. Irrevocable Consent .....................................................................................57
ARTICLE IX EVENTS OF DEFAULT AND REMEDIES OF BONDHOLDERS ........................................... 57
Section 9.01. Events of Default .........................................................................................57
Section 9.02. Remedies ......................................................................................................58
Section 9.03. Accounting and Examination of Records After Default ..............................59
SECTION PAGE
Section 9.04. Application of Revenues and Other Moneys after Default ..........................59
- i - Master Trust Indenture
Section 9.05. Rights and Remedies of Bondholders..........................................................61
Section 9.06. Appointment of Receiver.............................................................................62
Section 9.07. Non-Waiver..................................................................................................62
Section 9.08. Remedies Not Exclusive ..............................................................................63
Section 9.09. Waivers of Events of Default .......................................................................63
ARTICLE X DEPOSITS AND INVESTMENT OF FUNDS ............................................................................... 64
Section 10.01. Deposits......................................................................................................64
Section 10.02. Investment of Funds ...................................................................................65
Section 10.03. Arbitrage Covenant ....................................................................................66
ARTICLE XI DEFEASANCE .............................................................................................................................. 66
Section 11.01. Discharge of Indebtedness .........................................................................66
Section 11.02. Unclaimed Moneys ....................................................................................68
ARTICLE XII MISCELLANEOUS ..................................................................................................................... 68
Section 12.01. Limited Liability of City ............................................................................68
Section 12.02. Benefits of Indenture Limited to Parties ....................................................68
Section 12.03. Successor is Deemed Included in All References to
Predecessor ..........................................................................................68
Section 12.04. Execution of Documents by Bondholders .................................................68
Section 12.05. Waiver of Notice ........................................................................................69
Section 12.06. Cremation or Destruction of Cancelled Bonds ..........................................69
Section 12.07. Payments Due on Other Than Business Days ............................................69
Section 12.08. Governing Law ..........................................................................................69
Section 12.09. System of Registration ...............................................................................69
Section 12.10. Plan of Financing .......................................................................................69
Section 12.11. Article and Section Headings .....................................................................70
Section 12.12. Partial Invalidity .........................................................................................70
Section 12.13. Notices .......................................................................................................70
Section 12.14. Counterparts ...............................................................................................70
Section 12.15. Effective Date ............................................................................................70
Section 12.16. Compliance with Municipal Bond Act and Refunding Bond
Act ........................................................................................................70
Section 12.17. Representation Regarding Ethical Standards for City Officers
and Employees and Former City Officers and Employees ..................71
SIGNATURES ........................................................................................................................................................... 72
Master Trust Indenture
MASTER TRUST INDENTURE
THIS MASTER TRUST INDENTURE, dated as of September 1, 2004, by and between Salt
Lake City, Utah, a municipal corporation and political subdivision of the State of Utah (the
), and Zions First National Bank, a national banking association duly organized and
qualified under the laws of the United States to accept and administer the trust hereby created,
and having a place of business in Salt Lake City, Utah (the ):
WITNESSETH:
WHEREAS, the City desires to undertake the acquisition, improvement or extension of
one or more improvements, facilities or property (or interests therein) which the City is
authorized by law to acquire and to finance the cost of such acquisition, improvement or
extension by the issuance of sales and excise tax revenue bonds as authorized by law, all payable
on a parity as to Revenues of the City as provided herein;
NOW, THEREFORE, the City and the Trustee agree as follows for the benefit of the other
and for the benefit of the owners of the Bonds issued pursuant to this Indenture:
NOW, THEREFORE, THIS MASTER TRUST INDENTURE WITNESSETH:
GRANTING CLAUSE
In order to secure the payment of Principal, Redemption Price and interest on the Bonds
and of Repayment Obligations in accordance with their terms and the provisions of the
Indenture, and to secure the observance and performance of all the covenants contained herein,
in the Bonds and in the Repayment Obligations, the City hereby assigns and pledges to the
Trustee and grants to the Trustee a security interest in all right, title and interest of the City in
and to (1) the proceeds of sale of the Bonds, (2) the Revenues, and (3) all Funds established or
confirmed by the Indenture (except for any Rebate Fund), including the investments, if any,
thereof, subject to any required rebate of all or a portion of the earnings on such investments to
the United States of America pursuant to the requirements of Section 148(f) of the Code, and all
other rights hereinafter granted for the further securing of said Bonds and Repayment
Obligations (collectively, the ), subject only to the provisions of this Indenture
permitting the application thereof for the purposes and on the terms and conditions set forth
herein; such Trust Estate to be held:
FIRST, for the equal and proportionate benefit, security and protection of all
Bondholders and all Security Instrument Issuers, without preference, priority or
distinction as to security or otherwise of any of the Bonds or Security Instrument
Repayment Obligations over any of the others, except as otherwise expressly provided in
or permitted by the Indenture, by reason of time of issuance, sale, delivery, maturity or
expiration thereof or otherwise for any cause whatsoever; and
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SECOND, for the equal and proportionate benefit, security and protection of all
Reserve Instrument Issuers, without preference, priority or distinction as to security or
otherwise of any Reserve Instrument Repayment Obligations over any of the others by
reason of time of issuance, delivery or expiration thereof or otherwise for any cause
whatsoever.
PROVIDED, HOWEVER, that if the City, its successors or assigns, shall well and truly pay,
or cause to be paid, the principal and premium, if any, on the Bonds and the interest due or to
become due thereon, at the times and in the manner mentioned in the Bonds, all Security
Instrument Repayment Obligations, according to the true intent and meaning thereof and all
Reserve Instrument Repayment Obligations, according to the true intent and meaning thereof, or
shall provide, as permitted by this Indenture, for the payment thereof as provided in Article XI
hereof, and shall pay or cause to be paid to the Trustee all sums of money due or to become due
to it in accordance with the terms and provisions of this Indenture, then upon such final
payments or provisions for such payments by the City, this Indenture, and the rights hereby
granted, shall terminate; otherwise this Indenture shall remain in full force and effect.
The terms and conditions upon which the Bonds are to be executed, authenticated,
delivered, secured and accepted by all persons who from time to time shall be or become
Registered Owners thereof, and the trusts and conditions upon which the Revenues are to be held
and disposed, which said trusts and conditions the Trustee hereby accepts, are as follows:
ARTICLE I
DEFINITIONS, STATUTORY AUTHORITY AND EQUALITY OF BONDS
Section 1.01. Definitions. Unless the context otherwise requires, the terms in this Section
defined shall, for all purposes of the Indenture and of any certificate, opinion or other document
herein mentioned, have the meanings herein specified.
means a certificate signed by an Independent Public
Accountant.
means, with respect to Capital Appreciation Bonds of any Series and
as of the date of calculation, the amount established pursuant to the Supplemental Indenture
authorizing such Capital Appreciation Bonds as the amount representing the initial public
offering price, plus the accumulated and compounded interest on such Bonds.
means, as of any date of calculation, the amount of Debt Service
that has accrued with respect to any Series of Bonds and any related Security Instrument
Repayment Obligations, calculating the Debt Service that has accrued with respect to each Series
of Bonds and any related Security Instrument Repayment Obligations as an amount equal to the
sum of (a) the interest on the Bonds of such Series and on any related Security Instrument
Repayment Obligations that has accrued and is unpaid and that will have accrued by the end of
the then-current calendar month, and (b) that portion of all Principal Installments payable within
the 12-month period following the date of calculation for the Bonds of such Series and on any
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related Security Instrument Repayment Obligations that would have accrued, if deemed to accrue
in the same manner as interest accrues, by the end of the then current calendar month.
means the Utah Municipal Bond Act, Chapter 14 of Title 11, Utah Code Annotated
1953, as amended, and, to the extent applicable, the Registered Public Obligations Act,
Chapter 7 of Title 15, Utah Code Annotated 1953, as amended, and the Utah Refunding Bond
Act, Chapter 27 of Title 11, Utah Code Annotated 1953, as amended, and all laws amendatory
thereof or supplemental thereto.
or means the Trustee, the Paying Agents, any Transfer Agent, any
Depositary, or any or all of them, as may be appropriate.
means, as of any date of calculation and with respect to any
period, the sum of the amounts of Debt Service for (a) all Series of Bonds then Outstanding and
(b) any Repayment Obligations then outstanding.
means par, if an obligation was purchased at par or, when used with
respect to an obligation purchased at a premium above par or at a discount below par, means the
value as of any given date obtained by dividing the total amount of the premium or discount at
which such obligation was purchased by the number of days remaining to the maturity of such
obligation on the date of such purchase and by multiplying the amount thus calculated by the
number of days having passed since the date of such purchase and: (a) in the case of an
obligation purchased at a premium, by subtracting the product thus obtained from the purchase
price to obtain Amortized Value, or (b) in the case of an obligation purchased at a discount, by
adding the product thus obtained to the purchase price to obtain Amortized Value.
means, with respect to a Commercial Paper Program, the
maximum principal amount of commercial paper which is then authorized by the City to be
outstanding at any one time pursuant to such Commercial Paper Program.
means the Mayor, the City Treasurer, the City Recorder and any
other person duly authorized to perform the act or sign the document in question.
means, as of any date of calculation, the sum of the
amounts of Aggregate Debt Service for each Fiscal Year during which any Series of Bonds is
Outstanding divided by the number of such Fiscal Years; provided, however, that for purposes of
the debt service coverage test required under Section 11-14-17.5(4) of the Utah Municipal Bond
Act, the City may exclude from such calculation the Debt Service on any Series of Bonds which
are secured, in addition to the pledge of Revenues pursuant to the Indenture, by a pledge of
Special Revenues.
means Bonds, other than Bonds which mature within one year of the
date of issuance thereof, 25% or more of the Principal Installments on which (a) are due or, (b) at
the option of the Holder thereof may be redeemed, during any period of a Year.
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means the Bond Service Account in the Principal and Interest
Fund established in Section 5.03.
or any similar term, means
the owner of any Bond or Bonds. In the case of a fully-registered Bond, Bondholder means the
registered owner of such Bond.
means bonds, notes, commercial paper or other obligations (other than
Repayment Obligations) authorized by and at any time Outstanding pursuant to the Indenture.
The term Bonds includes Construction Bonds and Refunding Bonds.
means a day of the year which is not a Saturday, Sunday or legal holiday
in New York, New York, or a day on which the Trustee, any Depositary and any Security
Instrument Issuer are authorized or obligated to close.
means the period commencing on January 1 of each year and
terminating on the next succeeding December 31.
means Bonds the interest on which (a) is compounded and
accumulated at the rates and on the dates set forth in the Supplemental Indenture authorizing the
issuance of such Bonds and designating them as Capital Appreciation Bonds, and (b) is payable
upon maturity or redemption of such Bonds.
means Salt Lake City, Utah, a municipal corporation and political subdivision of
the State, and its successors and assigns.
means the City Recorder of the City, or in the event of his or her
disability or absence, a Deputy City Recorder or other person duly authorized to perform the
duties of the City Recorder.
means the City Treasurer of the City, or in the event of his or her
disability or absence, the Cash Manager/Investment Analyst or other person duly authorized to
perform the duties of the City Treasurer.
means the Internal Revenue Code of 1986, as amended and supplemented from
time to time. Each reference to a section of the Code shall be deemed to include the United
States Treasury Regulations, including temporary and proposed regulations, relating to such
section which are applicable to tax-exempt bonds.
means commercial paper obligations with maturities of
not more than one Year from the dates of issuance thereof which are issued and reissued by the
City from time to time pursuant to Article II hereof and are outstanding up to an Authorized
Amount.
means all Bonds, whether issued in one or more Series,
authenticated and delivered pursuant to Section 2.03, and any Bonds thereafter authenticated and
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delivered in lieu thereof or in substitution therefor pursuant to Article III or Section 4.04 or
Section 8.06.
means the fund by that name established in Section 5.03.
means the costs of the City properly attributable to the financing,
acquisition, construction, reconstruction, modification or improvement of facilities, property or
improvements (or interests therein) which the City is authorized by law to acquire, as identified
for a particular Project, and all expenses preliminary and incidental thereto incurred by the City
in connection therewith and in the issuance of the Bonds, including all engineering, fiscal and
legal expenses and costs of issuance, printing and advertising for which funds may be disbursed
from the Construction Fund and the establishment of necessary reserves and payment of interest
during construction, including but not limited to:
(1) Payment of the costs of acquiring, constructing, reconstructing, modifying,
or improving a Project.
(2) Payment of the initial or acceptance fee of the Trustee.
(3) Payment to the City of such amounts, if any, as shall be necessary to
reimburse the City in full for advances and payments theretofore made or costs
theretofore incurred by the City for any item of Cost of Construction.
(4) Costs for the obtaining of any insurance policies or surety bonds with
respect to a Project by the City during the acquisition, construction, reconstruction,
modification or improvement of such Project.
(5) Payment of audit fees and expenses for maintenance of construction
records required to be kept with respect to a Project.
(6) Payment of the costs of any necessary litigation and the obtaining of all
necessary permits, licenses and rulings.
(7) Payment of the costs of issuance of the Bonds including legal, accounting,
fiscal agent and underwriting fees and expenses, payments and fees due under any
agreement pursuant to which any Series of Bonds is sold, premiums, fees or other charges
for or under any Security Instrument or Reserve Instrument, bond discount, printing and
engraving costs, and fees of rating agencies, incurred in connection with the
authorization, sale and issuance of the Bonds and preparation of the Indenture and
Supplemental Indenture pursuant to which the Bonds will be issued.
(8) Payment of interest on the Bonds estimated to fall due during the period of
construction of a Project and for up to twelve (12) months thereafter (or such different
period as may then be permitted by law).
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(9) The amount, if any, to be deposited into any Series Subaccount in the Debt
Service Reserve Account pursuant to paragraph (10) of Section 2.02(a).
(10) Working capital determined by the City to be necessary or desirable in
connection with a Project and payment of any other costs and expenses relating to a
Project, including fees and expenses of the Trustee during the acquisition, construction,
reconstruction, modification or improvement of a Project.
means the City Council of the City, or any other governing body of the City
hereafter provided for pursuant to law.
-means with respect to Cross-over Refunding Bonds the date on which
the Principal portion of the related Cross-over Refunded Bonds is to be paid or redeemed from
the proceeds of such Cross-over Refunding Bonds.
-over Refunded means Bonds refunded by Cross-over Refunding Bonds.
-means Refunding Bonds if the proceeds of such Cross-
over Refunding Bonds are irrevocably deposited in escrow to secure the payment on an
applicable redemption date or maturity date of the Cross-over Refunded Bonds (subject to
possible use to pay Principal of the Cross-over Refunding Bonds under certain circumstances)
and the earnings on such escrow deposit are required to be applied to pay interest on the Cross-
over Refunding Bonds until the Cross-over Date.
means Bonds not constituting Capital Appreciation Bonds.
Interest on Current Interest Bonds shall be payable periodically on the interest payment dates
provided therefor in a Supplemental Indenture.
means, for any particular Fiscal Year and for any Series of Bonds and
any Repayment Obligations, an amount equal to the sum of:
(a) all interest (net of any amounts deposited with the Trustee from the
proceeds of the sales of a Series of Bonds and any interest subsidy with respect to Bonds
paid or payable to or for the account of the City by any governmental body or agency,
which are available to pay interest on such Series of Bonds) payable during such Fiscal
Year on such Bonds then Outstanding and such Repayment Obligations then outstanding,
plus
(b) the Principal Installments payable during such Fiscal Year on (i) such
Bonds Outstanding, calculated on the assumption that Bonds Outstanding on the day of
calculation cease to be Outstanding by reason of, but only by reason of, payment either
upon maturity or application of any Sinking Fund Installments required by the Indenture,
and (ii) such Repayment Obligations then outstanding;
provided, however that for purposes of Sections 2.02, 2.03 and 2.04,
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(1) when calculating the Principal Installments payable during such
Fiscal Year, there shall be treated as payable in such Fiscal Year the amount of
Principal Installments which would have been payable during such Fiscal Year
had the Principal of each Series of Balloon Bonds Outstanding been amortized,
from their date of issuance over a period of 30 years, on a level debt service basis
at an interest rate equal to the rate borne by such Balloon Bonds on the date of
calculation, provided (A) that if the date of calculation is within twelve months
before the actual maturity of such Balloon Bonds, the full amount of Principal
payable at maturity shall be included in such calculation, and (B) that if there is
any Security Instrument Repayment Obligation relating to such Balloon Bonds,
the amount of Principal to be taken into account shall be the principal component
of such Security Instrument Repayment Obligation;
(2) when calculating interest payable during such Fiscal Year for any
Series of Variable Rate Bonds or Repayment Obligations bearing interest at a
variable rate that cannot be ascertained for any particular Fiscal Year, (A) it shall
be assumed that such Series of Variable Rate Bonds or Repayment Obligations
will bear interest at the average of the variable rates applicable to such Series of
Variable Rate Bonds or Repayment Obligations during any consecutive 12-month
period during the immediately preceding 24 months (or a shorter period,
commencing on the date of issuance of the Series of Variable Rate Bonds or the
date of incurring such Repayment Obligations and ending within 30 days prior to
the date of computation), or, (B) with respect to any Series of Variable Rate
Bonds or Repayment Obligations for which such an average of variable rates
cannot be determined, (i) at a rate equal to 110% of the most recent Bond Market
Association Municipal Swap Index theretofore published in The Bond Buyer, or
(ii) if The Bond Buyer is no longer published or no longer publishes the Bond
Market Association Municipal Swap Index, at a rate certified by the
financial advisor, underwriter or other agent, including a Remarketing Agent, to
be the rate of interest such Series of Variable Rate Bonds or Repayment
Obligations would bear if issued on the date of computation in the same amount,
with the same maturity or maturities, with the same security, and bearing interest
at a variable rate;
(3) when calculating interest payable during such Fiscal Year for any
Variable Rate Bonds that are issued with an Interest Rate Swap in which the City
has agreed to pay a fixed rate, such Series of Variable Rate Bonds shall be
deemed to bear interest at such fixed rate as a result of such Interest Rate Swap;
provided that such fixed rate may be utilized so long as such Interest Rate Swap is
contracted to remain in full force and effect;
(4) when calculating interest payable during such Fiscal Year for any
Bonds which are issued with a fixed interest rate and with respect to which an
Interest Rate Swap is in effect in which the City has agreed to pay a variable rate,
such Series of Bonds shall be deemed to be Variable Rate Bonds bearing interest
at such variable rate as a result of such Interest Rate Swap; provided that such
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amounts may be utilized only so long as such Interest Rate Swap is contracted to
remain in full force and effect;
(5) when calculating interest payable during such Fiscal Year with
Debt Service
equal to the sum of all principal and interest payments that would be payable
during such Fiscal Year assuming that the Authorized Amount of such
Commercial Paper Program is amortized on a level debt service basis over a
period of 30 years beginning on the date of calculation or the period during which
obligations can be issued under such Commercial Paper Program, and bearing
interest (A) at an interest rate equal to the average of the interest rates applicable
to such Commercial Paper Program during any consecutive 12-month period
during the immediately preceding 24 months (or a shorter period, commencing on
the date obligations are first issued under the Commercial Paper Program) ending
within 30 days prior to the date of computation, or (B) with respect to any
Commercial Paper Program for which such an average of the interest rates cannot
be determined, (i) at a rate equal to 110% of the most recent Bond Market
Association Municipal Swap Index theretofore published in The Bond Buyer, or
(ii) if The Bond Buyer is no longer published or no longer publishes the Bond
Market Association Municipal Swap Index, at an interest rate certified by the
financial advisor, underwriter or other agent, including a Remarketing
Agent, to be the rate of interest that obligations of the Commercial Paper Program
would bear if issued on the date of computation in the Authorized Amount, with
the same security, bearing interest at a variable rate and maturing over a period of
30 years beginning on the date of calculation; and
(6) when calculating interest payable on Bonds that are Paired
Obligations, the interest rate on such Bonds shall be the resulting linked rate or
effective fixed interest rate to be paid by the City with respect to such Paired
Obligations;
and further provided, however, that there shall be excluded from (1) interest on
Bonds (whether Cross-over Refunding Bonds or Cross-over Refunded Bonds) to the extent that
Escrowed Interest is available to pay such interest, (2) Principal on Cross-over Refunded Bonds
to the extent that the proceeds of Cross-over Refunding Bonds are on deposit in an irrevocable
escrow in satisfaction of the requirements of Section 11-27-3, Utah Code Annotated 1953, as
amended, and such proceeds or the earnings thereon are required to be applied to pay such
Principal (subject to the possible use to pay the Principal of the Cross-over Refunding Bonds
under certain circumstances) and such amounts so required to be applied are sufficient to pay
such Principal, (3) Repayment Obligations to the extent that payments on Pledged Bonds relating
to such Repayment
and (4) any termination payments with respect to an Interest Rate Swap.
Service Reserve means the Debt Service Reserve Account in the
Principal and Interest Fund established in Section 5.03.
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means, with respect to any Series Subaccount that
has been established in the Debt Service Reserve Account, the amount specified in a
Supplemental Indenture as being required to be on deposit in such Series Subaccount.
means any bank or trust company selected by the City as a depositary of
moneys and securities held under the provisions of the Indenture and may include the Trustee.
means amounts irrevocably deposited in escrow in accordance with
the requirements of Section 11-27-3, Utah Code Annotated 1953, as amended, in connection
with the issuance of Bonds or Cross-over Refunding Bonds secured by such Cross-over
Refunding Bonds or earnings on such amounts which are required to be applied to pay interest
on such Cross-over Refunding Bonds or the related Cross-over Refunded Bonds.
means the estimated date upon which a Project will have
been substantially completed in accordance with the plans and specifications applicable thereto
as that date shall be set forth in a Written Certificate of the City.
of has the meaning specified in Section 9.01.
means the annual accounting period of the City as from time to time in
effect, initially a period commencing on July l of each Calendar Year and ending on the next
succeeding June 30.
means Fitch Ratings, a corporation organized and existing under the laws of the
State of New York, its successors and assigns, and, if such corporation shall no longer perform
the functions of a securities rating agency, shall be deemed to refer to another nationally
recognized securities rating agency, if any, designated by the City.
means one of the funds confirmed or established pursuant to Section 5.03,
including the Construction Fund, the Principal and Interest Fund and the Revenue Fund.
means:
(i) Direct obligations of or obligations guaranteed by the United States of
America;
(ii) Any other evidences of an ownership interest in obligations or in specified
portions thereof (which may consist of specified portions of the interest thereon) of the
character described in clause (i) above; and
(iii) Any bonds or other obligations of any state of the United States of
America or of any agency, instrumentality or local governmental unit of any such state
(a) which are not callable at the option of the obligor or otherwise prior to maturity or as
to which irrevocable notice has been given by the obligor to call such bonds or
obligations on the date specified in the notice, (b) which are fully secured as to principal
and interest and redemption premium, if any, by a fund consisting only of cash or bonds
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or other obligations of the character described in clause (i) or clause (ii) above, which
fund may be applied only to the payment of interest when due, principal of and
redemption premium, if any, on such bonds or other obligations on the maturity date or
dates thereof or the specified redemption date or dates pursuant to such irrevocable
instructions, as appropriate, and (c) as to which the principal of and interest on the bonds
and obligations of the character described in clause (i) or clause (ii) above, which have
been deposited in such fund along with any cash on deposit in such fund is sufficient to
pay interest when due, principal of and redemption premium, if any, on the bonds or
other obligations described in this clause (iii) on the maturity date or dates thereof or on
the redemption date or dates specified in the irrevocable instructions referred to in
subclause (a) of this clause (iii), as appropriate.
means this Master Trust Indenture, as from time to time amended or
supplemented by Supplemental Indentures.
means any certified public accountant or firm of such
accountants appointed and paid by the City, and who, or each of whom: (1) is in fact
independent and not under domination of the City; (2) does not have any substantial interest,
direct or indirect, with the City; and (3) is not connected with the City as an officer or employee
of the City, but who may be regularly retained to make annual or other audits of the books of or
reports to the City. The Trustee shall be entitled to rely on the written statement of a certified
public accountant or firm of such accountants as to his or its compliance with the terms of this
definition.
means Financial Information, Called Bond
Servic 30 Montgomery Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Editor;
55 Water Street, 45th Floor, New York,
60 Madison Avenue, New
York, New York 10010, Attention: Customer Service and the Municipal Securities Rulemaking
Board, CDI, 1900 Duke Street, Alexandria, Virginia 22314, Attention: MSIL Dept.; or, in
accordance with then-current guidelines of the Securities and Exchange Commission, such other
addresses and/or such other services providing information with respect to called bonds, or no
such services, as may be designated in a Written Certificate of the City delivered to the Trustee.
means an
Money Management Act or other similar agreement related to Bonds of one or more Series,
provided that such agreement satisfies the requirements of the State Money Management Act or
other applicable provision of State law.
means any of the following securities, if and to the extent that
the same are at the time legal for investment of City funds:
(i) any investment authorized from time to time by the provisions of the State
Money Management Act, including without limitation the Investment Fund;
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(ii) The following investments fully insured by the Federal Deposit Insurance
Corporation: (a) certificates of deposit, (b) savings accounts, (c) deposit accounts, or (d)
depository receipts of a bank, savings and loan associations and mutual savings banks;
(iii) Certificates of deposit properly secured at all times by collateral security
consisting of Government Obligations;
(iv) Government Obligations;
(v) Bonds, debentures or notes or other evidence of indebtedness issued by
any one or a combination of any of the following federal agencies: the Export-Import
Bank of the United States; the Government National Mortgage Association; the Federal
Financing Bank; the Home Administration; the Federal Housing
Administration; the Maritime Administration; or the Public Housing Authority;
(vi) Repurchase agreements collateralized by Government Obligations or
obligations described in clause (v) of this definition with any registered broker/dealer
subject to Securities Protection Corporation jurisdiction, which has an
uninsured, unsecured and unguaranteed obligation rated -or or better by
-or or better by S&P Corporation, or any commercial bank with
the above ratings, provided:
(a) a master repurchase agreement or specific written repurchase
agreement governs the transaction,
(b) the securities are held free and clear of any lien by the Trustee or
an independent third party acting solely as agent for the Trustee, and such third
party is (1) a Federal Reserve Bank, (2) a bank which is a member of the Federal
Deposit Insurance Corporation and which has combined capital, surplus and
undivided profits of not less than $25,000,000, or (3) a bank approved in writing
for such purpose by each Security Instrument Issuer which at the time has a
Security Instrument outstanding on which there is no payment default, and the
Trustee shall have received written confirmation from such third party that it
holds such securities, free and clear of any lien, as agent for the Trustee,
(c) a perfected first security interest under the Uniform Commercial
Code, or book entry procedures prescribed at 31 CFR 306.1 et seq. or 31 CFR
350.0 et seq. (or similar successor provision of law) in such securities is created
for the benefit of the Trustee,
(d) the repurchase agreement has a term of 30 days or less, or the
Trustee will value the collateral securities no less frequently than monthly and
will liquidate the collateral securities if any deficiency in the required collateral
percentage is not restored within two business day of such valuation,
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(e) the repurchase agreement matures at least ten days (or other
appropriate liquidation period) prior to the date when liquidation is required, and
(f) the fair market value of the securities in relation to the amount of
the repurchase obligation is equal to at least 100%;
(vii)
S&P, including such funds from which the Trustee or its affiliates derive a fee for
investment advisory or other services to the fund;
(viii) Direct and general obligations of any state within the territorial United
States of America, to the payment of the principal of and interest on which the full faith
and credit of such state is pledged, provided that at the time of their purchase under the
Indenture, such obligations are rated in either of the two highest rating categories by a
Rating Agency;
(ix) , one of which
must be S&P, and having a remaining term to maturity of 270 days or less;
(x) Refunded municipal obligations rated at the time of purchase in the
highest rating category by a Rating Agency; and
(xi) Investment agreements permitted by the State Money Management Act.
means (i) the first day of any calendar month, or (ii) any other date,
established in a Supplemental Indenture with respect to a Series of Bonds.
means the Mayor of the City, or in the event of his or her disability or absence,
the Deputy Mayor or other person duly authorized to perform the duties of the Mayor.
means the greatest amount of Aggregate Debt Service
coming due in any Fiscal Year, less any adjustments thereto as provided in Section 2.03(d).
means Investors Service Inc., its successors and assigns, and, if
such corporation shall no longer perform the functions of a securities rating agency,
shall be deemed to refer to another nationally recognized securities rating agency, if any,
designated by the City.
means, as of any date, all Nationally Recognized Municipal Securities
Information Repositories then recognized by the Securities and Exchange Commission.
means an Opinion of Counsel from counsel of nationally
recognized standing in the field of law relating to municipal bonds.
means a written opinion of counsel selected by the City and
satisfactory to the Trustee. Any Opinion of Counsel may be based, insofar as it relates to factual
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matters, on information with respect to which is in the possession of the City, upon a Written
Certificate of the City, unless such counsel knows, or in the exercise of reasonable care should
have known, that such Written Certificate is erroneous.
means with respect to the Bonds, as of any date of calculation (subject to
the provisions of Section 8.04), all Bonds which have been duly authenticated and delivered by
the Trustee except: (a) Bonds theretofore cancelled by the Trustee or delivered to the Trustee for
cancellation; (b) Bonds for the payment or redemption of which cash funds or Investment
Securities shall have theretofore been deposited with the Trustee (whether upon or prior to the
maturity or redemption date of any such Bonds), provided that, if such Bonds are to be
redeemed, notice of such redemption has been duly given pursuant to the provisions of the
Indenture or arrangements satisfactory to the Trustee shall have been made therefor, or waiver of
such notice satisfactory in form to the Trustee shall have been filed with the Trustee; (c) Bonds
in exchange for or in lieu of which other Bonds have been authenticated or delivered pursuant to
the terms of Section 3.07 as permitted by the Indenture; and (d) the Principal amount of any
Bond issued pursuant to a Supplemental Indenture authorizing partial payment without
cancellation if payment is noted on a payment record attached to such Bond provided that such
payment has been made and duly noted on the payment record attached to such Bond.
means any Series (or portion thereof) of Bonds designated as
Paired Obligations in the Supplemental Indenture authorizing the issuance or incurrence thereof,
which are simultaneously issued or incurred and (i) the principal of which is of equal amount
maturing and to be redeemed (or cancelled after acquisition thereof) on the same dates and in the
same amounts, and (ii) the interest rates which, taken together, result in an irrevocably fixed
interest rate obligation of the City for the terms of such Bonds.
means any bank or trust company designated as paying agent for the
Bonds of any Series, and its successor or successors hereinafter appointed in the manner
provided in Section 7.02 of the Indenture.
means any Bonds that have been pledged or in which any interest has
otherwise been granted to a Security Instrument Issuer as collateral security for Security
Instrument Repayment Obligations.
means (a) with respect to any Capital Appreciation Bond, the Accreted
Amount thereof (the difference between the stated amount to be paid at maturity and the
Accreted Amount being deemed unearned interest), except as used in connection with the
authorization and issuance of Bonds and with the order of priority of payment of Bonds after an
Event of Default, in which case means the initial public offering price of a Capital
Appreciation Bond (the difference between the Accreted Amount and the initial public offering
price being deemed interest), and (b) with respect to any Current Interest Bond, the principal
amount of such Bond payable at maturity.
and Interest means the fund by that name established in Section 5.03.
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means, as of any date of calculation, (a) with respect to any
Series of Bonds, so long as any Bonds thereof are Outstanding, (1) the Principal amount of
Bonds of such Series due on a certain future date for which no Sinking Fund Installments have
been established, or (2) the unsatisfied balance (determined as provided in the definition of
in this Section) of any Sinking Fund Installment due on a certain
future date for Bonds of such Series, plus the amount of the sinking fund redemption premiums,
if any, which would be applicable upon redemption of such Bonds on such future date in a
Principal amount equal to such unsatisfied balance of such Sinking Fund Installment, or (3) if
such future dates coincide as to different Bonds of such Series, the sum of such Principal amount
of Bonds and of such unsatisfied balance of such Sinking Fund Installment due on such future
date plus such applicable redemption premiums, if any, and (b) with respect to any Repayment
Obligations, the principal amount of such Repayment Obligations due on a certain future date.
means the acquisition, construction, improvement or extension of
improvements, facilities or property (or an interest therein) which the City is authorized by law
to acquire, regardless of whether the City shall hold title thereto, if and to the extent that the
same shall be designated by the City as a Project by a Supplemental Indenture.
means the separate account for each Project in the Construction Fund
pursuant to Section 5.04.
means any Bond which is part of a Series of Bonds which is subject to
purchase by the City, its agent or a third party from the Holder of the Bond pursuant to
provisions of the Supplemental Indenture authorizing the issuance of the Bond and designating it
as a
means Fitch, or S&P.
means one or more of the generic rating categories of a Rating
Agency, without regard to any refinement or gradation of such rating category or categories by a
numerical modifier or otherwise.
means any fund established with respect to a Series of Bonds issued
under the Indenture to provide for the payment of arbitrage rebate pursuant to the Code.
means, with respect to any interest payment date for any Series of Bonds,
the date specified as the Record Date in the Supplemental Indenture authorizing the issuance of
such Series of Bonds.
means, with respect to any Bond, the Principal thereof plus the
applicable premium, if any, payable upon redemption thereof pursuant to any Supplemental
Indenture.
means all or a part of the Outstanding Bonds of one or more Series or
all or part of any other bonds, notes or other borrowing or obligations of the City or its Municipal
Building Authority to be refunded or refinanced by the issuance of Refunding Bonds.
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means all Bonds, whether issued in one or more Series, authenticated
and delivered pursuant to Section 2.04, and any Bonds thereafter authenticated and delivered in
lieu thereof or in substitution therefor pursuant to Article III or Section 4.04 or Section 8.06.
means a remarketing agent appointed by the City pursuant to
Section 7.09 and its successors under the Indenture.
means, collectively, all outstanding Security Instrument
Repayment Obligations and Reserve Instrument Repayment Obligations.
means an instrument or other device issued by a Reserve
Instrument Issuer to satisfy all or any portion of the Debt Service Reserve Requirement, if any,
for a Series of Bonds. The term includes, by way of example and not of
limitation, letters of credit, bond insurance policies, standby bond purchase agreements, lines of
credit and other security instruments and other devices; provided, however, that no such device
or instrument shall be a for purposes of this Indenture unless specifically
so designated in the Supplemental Indenture authorizing the use of such device or instrument.
means any agreement entered into by the City and a
Reserve Instrument Issuer pursuant to a Supplemental Indenture and providing for the issuance
by such Reserve Instrument Issuer of a Reserve Instrument.
means, with respect to any Reserve Instrument, any fees,
premiums, expenses and similar costs, other than Reserve Instrument Repayment Obligations,
required to be paid to a Reserve Instrument Issuer pursuant to a Reserve Instrument Agreement
or the Supplemental Indenture authorizing the use of such Reserve Instrument. Such Reserve
Instrument Agreement or Supplemental Indenture shall specify any fees, premiums, expenses
and costs constituting Reserve Instrument Costs.
means, as of any date of calculation and with respect to
any Reserve Instrument, the amount available to be paid under such Reserve Instrument into the
related Series Subaccount in the Debt Service Reserve Account to satisfy all or any portion of the
Debt Service Reserve Requirement.
Instrument means any bank, savings and loan association, savings
bank, thrift institution, credit union, insurance company, surety company or other institution
issuing a Reserve Instrument.
means, as of any date of calculation and with respect to any
Reserve Instrument, the maximum amount available to be paid under such Reserve Instrument
into the related Series Subaccount in the Debt Service Reserve Account to satisfy all or any
portion of the Debt Service Reserve Requirement, assuming for purposes of such calculation that
the amount initially available under each Reserve Instrument has not been reduced or that the
amount initially available under each Reserve Instrument has only been reduced as a result of the
payment of Principal on the corresponding Series of Bonds.
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means, as of any date of calculation and
with respect to any Reserve Instrument, any outstanding amounts payable by the City under the
Reserve Instrument Agreement or the Supplemental Indenture authorizing the use of such
Reserve Instrument to repay the Reserve Instrument Issuer for payments previously made by it
pursuant to a Reserve Instrument. There shall not be included in the calculation of Reserve
Instrument Repayment Obligations any Reserve Instrument Costs. Each Reserve Instrument
Agreement or the Supplemental Indenture providing for the use of such Reserve Instrument shall
specify any amounts payable under it which, when outstanding, shall constitute Reserve
Instrument Repayment Obligations and shall specify the portions of any such amounts that are
allocable as principal of and as interest on such Reserve Instrument Repayment Obligations.
means the fund by that name established in Section 5.03.
means (a) 100% of the Local Sales and Use Tax revenues received by the
City pursuant to Title 59, Chapter 12, Part 2, Utah Code Annotated 1953, as amended; (b) 100%
of the Municipal Energy Sales and Use Tax revenues received by the City pursuant to Title 10,
Chapter 1, Part 3, Utah Code Annotated 1953, as amended, and Salt Lake City Code Chapter
3.06; (c) 100% of the franchise fees for energy and utilities received by the City pursuant to Title
10, Chapter 1, Part 3, Utah Code Annotated 1953, as amended, and Salt Lake City Code Chapter
3.06; (d) 100% of the Municipal Telecommunications License Tax revenues received by the City
pursuant to Title 10, Chapter 1, Part 4, Utah Code Annotated 1953, as amended, and Salt Lake
City Code Chapter 3.10; (e) 100% of the franchise fees associated with public utilities received
by the City pursuant to Title 10, Chapter 1, Part 3, Utah Code Annotated 1953, as amended, and
Salt Lake City Code Section 17.16.070; and (f) 100% of franchise fees associated with cable
television received by the City pursuant to Salt Lake City Code Chapter 5.20.
-
Hill Companies, Inc., its successors and assigns, and, if such corporation shall no longer perform
the functions of a securities rating agency, shall be deemed to refer to another nationally
recognized securities rating agency, if any, designated by the City.
means an instrument or other device issued by a Security
Instrument Issuer to pay, or to provide security or liquidity for, a Series of Bonds. The term
includes, by way of example and not of limitation, letters of credit, bond
insurance policies, standby bond purchase agreements, lines of credit and other security
instruments and credit enhancement or liquidity devices; provided, however, that no such device
or instrument shall be a for purposes of this Indenture unless specifically
so designated in a Supplemental Indenture authorizing the use of such device or instrument.
means any agreement entered into by the City and a
Security Instrument Issuer pursuant to a Supplemental Indenture providing for the issuance by
such Security Instrument Issuer of a Security Instrument.
means, with respect to any Security Instrument, all fees,
premiums, expenses and similar costs, other than Security Instrument Repayment Obligations,
required to be paid to a Security Instrument Issuer pursuant to a Security Instrument Agreement
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or the Supplemental Indenture authorizing the use of such Security Instrument. Such Security
Instrument Agreement or Supplemental Indenture shall specify any fees, premiums, expenses
and costs constituting Security Instrument Costs.
Instrument means any bank, savings and loan association, savings
bank, thrift institution, credit union, insurance company, surety company or other institution
issuing a Security Instrument that is in full force and effect with respect to any Series of Bonds
Outstanding.
means, as of any date of calculation and
with respect to any Security Instrument, any outstanding amounts payable by the City under the
Security Instrument Agreement or the Supplemental Indenture authorizing the use of such
Security Instrument to repay the Security Instrument Issuer for payments previously or
concurrently made by the Security Instrument Issuer pursuant to a Security Instrument. There
shall not be included in the calculation of the amount of Security Instrument Repayment
Obligations any Security Instrument Costs. Each Security Instrument Agreement or the
Supplemental Indenture providing for the use of such Security Instrument shall specify any
amounts payable under it which, when outstanding, shall constitute Security Instrument
Repayment Obligations and shall specify the portions of any such amounts that are allocable as
principal of and as interest on such Security Instrument Repayment Obligations.
means all of the Bonds designated as being of the same Series authenticated and
delivered on original issuance in a simultaneous transaction, and any Bonds thereafter
authenticated and delivered in lieu thereof or in substitution therefor pursuant to Article III or
Section 4.04 or Section 8.06.
means the separate subaccount created for each Series of Bonds in
the Bond Service Account pursuant to Section 5.07 or in the Debt Service Reserve Account
pursuant to Section 5.08, as appropriate.
Fund means an amount so designated which is established
pursuant to Section 2.02(a)(8). The portion of any such Sinking Fund Installment remaining
after the deduction of any such amounts credited pursuant to Sections 5.08(c) or 5.09 toward the
same (or the original amount of any such Sinking Fund Installment if no such amounts shall have
been credited toward the same) shall constitute the unsatisfied balance of such Sinking Fund
Installment for the purpose of calculation of Sinking Fund Installments due on a future date.
means any legally available moneys or income from an enterprise of
the City or any other source available to the City which are pledged to the payment of one or
more Series of the Bonds as provided in a Supplemental Indenture pursuant to Section
8.01(b)(17). Such Supplemental Indenture shall (1) specifically identify the Special Revenues
and pledge the same to the payment of one or more Series of Bonds, and (2) require such Special
Revenues to be transferred and deposited into the Series Subaccount in the Bond Service
Account and, if applicable, the Series Subaccount in the Debt Service Reserve Account for such
Series of Bonds at the same time and in the same manner as provided in Section 5.06.
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means the State of Utah.
means the State Money Management Act, Title 51,
Chapter 7, Utah Code Annotated 1953, as amended, and any applicable regulations and rules
promulgated thereunder.
means any indenture supplemental hereto or amendatory
hereof that is in full force and effect and has been duly executed and delivered by the City and
the Trustee in accordance with the provisions hereof.
means any agreement or certificate of the City that the City may
execute in order to establish and maintain the excludability of interest on a Series of Bonds from
gross income of the owners thereof for federal income tax purposes.
means, as the agent of the City, the Trustee and each and every
additional agent appointed from time to time as the agent of the City pursuant to Section 7.10 for
the transfer and authentication of Bonds for so long as such appointment shall continue in effect.
means the fund held by the Treasurer of the State and
commonly known as the Utah State Public Fund.
has the meaning specified in the Granting Clause.
means the trustee identified in the preamble hereof and appointed by the City
pursuant to Section 7.01, its successors and assigns, and any other corporation or association
which may at any time be substituted in its place as provided herein.
Rate means, as of any date of calculation, Bonds the terms of which
on such date of calculation are such that interest thereon for any future period of time is
expressed to be calculated at a rate which is not susceptible of a precise determination.
Certificate of the Request of the and Statement
of the means an instrument in writing signed on behalf of the City by an Authorized
Officer thereof. Any such instrument and any supporting opinions or certificates may, but need
not, be combined in a single instrument with any other instrument, opinion or certificate, and the
two or more so combined shall be read and construed so as to form a single instrument. Any
such instrument may be based, insofar as it relates to legal, accounting or engineering matters,
upon the opinion or certificate of counsel, consultants, accountants or engineers, unless the
Authorized Officer signing such Written Certificate or Request or Statement knows, or in the
exercise of reasonable care should have known, that the opinion or certificate with respect to the
matters upon which such Written Certificate or Request or Statement may be based, as aforesaid,
is erroneous. The same Authorized Officer, or the same counsel, consultant, accountant or
engineer, as the case may be, need not certify to all of the matters required to be certified under
any provision of the Indenture, but different Authorized Officers, counsel, consultants,
accountants or engineers may certify to different facts, respectively. Every Written Certificate or
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Request or Statement of the City, and every certificate or opinion of counsel, consultants,
accountants or engineers provided for herein shall include:
(a) a statement that the person making such certificate, request, statement or
opinion has read the pertinent provisions of the Indenture to which such certificate,
request, statement or opinion relates;
(b) a brief statement as to the nature and scope of the examination or
investigation upon which the certificate, request, statement or opinion is based;
(c) a statement that, in the opinion of such person, he has made such
examination or investigation as is necessary to enable him to express an informed opinion
with respect to the subject matter referred to in the instrument to which his signature is
affixed; and
(d) with respect to any statement relating to compliance with any provision
hereof, a statement whether or not, in the opinion of such person, such provision has been
complied with.
means any period of twelve consecutive months.
Section 1.02. Construction. This Indenture, except where the context by clear
implication herein otherwise requires, shall be construed as follows:
(a)
similar terms used in this Indenture shall refer to this Indenture in its entirety unless the
context clearly indicates otherwise.
(b) Words importing the singular number shall include the plural number and
vice versa, and words importing persons shall include firms, associations, trusts,
corporations or governments or agencies or political subdivisions thereof.
(c) Words in the masculine gender include the feminine and the neuter, and
when the sense so indicates, words of the neuter gender refer to any gender.
(d) Articles, sections, subsections, paragraphs and subparagraphs mentioned
by number, letter, or otherwise, correspond to the respective articles, sections,
subsections, paragraphs and subparagraphs hereof so numbered or otherwise so
designated.
(e) The titles or leadlines applied to articles, sections and subsections herein
are inserted only as a matter of convenience and ease in reference and in no way define,
limit or describe the scope or intent of any provisions of this Indenture.
Section 1.03. Authority for the Indenture. The Indenture is executed and delivered
pursuant to the provisions of the Act.
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Section 1.04. Special Obligations. The Bonds and the Repayment Obligations are special
obligations of the City payable from and secured by the Revenues, moneys, securities and funds
pledged therefor.
ARTICLE II
AUTHORIZATION AND ISSUANCE OF BONDS
Section 2.01. Authorization of Bonds. Bonds designated as and Excise Tax
(or or
as appropriate) are hereby authorized to be issued by the City under the Indenture.
The maximum Principal amount of the Bonds which may be issued hereunder is not limited;
however, the City reserves the right to limit or restrict the aggregate Principal amount of the
Bonds which may at any time be issued or Outstanding hereunder. Bonds may be issued in such
Series as from time to time shall be established and authorized by the City. The Bonds may be
issued in one or more Series pursuant to one or more Supplemental Indentures. The designation
of the Bonds shall include, in addition to the name (or
or as
appropriate), such further appropriate particular designation added to or incorporated in such title
for the Bonds of any particular Series as the City may determine. Each Bond shall bear upon its
face the designation so determined for the Series to which it belongs. Each Bond shall recite in
substance that it, including the interest thereon, is payable solely from the Revenues and other
funds of the City pledged for the payment thereof and that it does not constitute a debt of the
City within the meaning of any constitutional or statutory limitations or provisions.
Section 2.02. General Provisions for the Issuance of Bonds.
(a) Whenever the City shall determine to issue any Series of Bonds, the City shall
execute and deliver a Supplemental Indenture which shall specify the following:
(1) The purpose for which such Series of Bonds is to be issued, which shall be
for a purpose set forth in Section 2.03 or Section 2.04, or a combination of such purposes;
(2) The authorized Principal amount and Series designation of such Series of
Bonds;
(3) The Issue Date and the maturity date or dates of the Bonds of such Series;
(4) The interest rate or rates (including a zero interest rate) of the Bonds of
such Series, or the manner of determining such rate or rates, provided that the
Supplemental Indenture shall specify the maximum rate that the Bonds of such Series
may bear if such Bonds are Variable Rate Bonds, and the interest payment dates of the
Bonds of such Series;
(5) The authorized denominations of the Bonds of such Series;
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(6) Any Paying Agents and the places of payment of the Principal and
Redemption Prices, if any, of, and interest on, the Bonds of such Series, and, if other than
the Trustee, any Transfer Agents and the places where Bonds may be registered for
transfer or exchange;
(7) The Redemption Prices, if any, and subject to Article IV, the redemption
terms, if any, for the Bonds of such Series;
(8) The amount and due date of each Sinking Fund Installment, if any, for the
Bonds of such Series;
(9) The Record Date for the Bonds of such Series;
(10) Any Debt Service Reserve Requirement for such Series of Bonds pursuant
to Section 5.08(a) and the amount, if any, to be deposited from the proceeds of such
Series of Bonds into any Series Subaccount in the Debt Service Reserve Account
established for such Series of Bonds;
(11) The amount, if any, to be deposited from any legally available source into
the Construction Fund;
(12) The forms of the Bonds of such Series;
(13) Unless otherwise identified in the Security Instrument Agreement or
Reserve Instrument Agreement, as applicable, and to the extent applicable, the
obligations payable under any Security Instrument Agreement or Reserve Instrument
Agreement entered into in connection with the issuance of the Bonds of such Series
which, when outstanding, shall constitute Security Instrument Repayment Obligations or
Reserve Instrument Repayment Obligations, as the case may be, and which portions of
such Security Instrument Repayment Obligations or Reserve Instrument Repayment
Obligations, as the case may be, are to be attributed to principal of and to interest on such
Repayment Obligations; and
(14) Any further covenants by the City required by any Security Instrument
Issuer, Reserve Instrument Issuer or purchaser of Bonds deemed necessary or desirable
by the City in connection with the sale of such Series of Bonds.
(b) The Bonds of any Series shall be executed by the City for issuance under the
Indenture and delivered to the Trustee and thereupon shall be authenticated by the Trustee and
by it delivered to the City or upon the Written Request of the City but only upon receipt by the
Trustee of the following documents or moneys or securities, all of such documents dated or
certified, as the case may be, as of the date of such delivery by the Trustee (unless the Trustee
shall accept any of such documents bearing a prior date):
(1) An executed copy of the Supplemental Indenture relating to the issuance
of the Bonds of such Series;
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(2) A Written Request of the City as to the delivery of the Bonds of such
Series;
(3) An Opinion of Bond Counsel to the effect that (i) the City has the power
under the Act, as amended to the date of such Opinion, to issue the Bonds of such Series
and to execute and deliver the Indenture, and the Indenture has been duly and lawfully
executed and delivered by the City, is in full force and effect and is valid and binding
upon the City and enforceable in accordance with its terms, and no other authorization for
the Indenture is required; (ii) the Indenture creates the valid pledge which it purports to
create of the Revenues, Funds, moneys, securities and funds held or set aside under the
Indenture, subject to the application thereof to the purposes and on the conditions
permitted by the Indenture; (iii) the Bonds of such Series are valid and binding special
obligations of the City, enforceable in accordance with their terms and the terms of the
Indenture and are entitled to the benefits of the Indenture and the Act, as amended to the
date of such Opinion; and (iv) the Bonds of such Series have been duly and validly
authorized and issued in accordance with law and the Indenture; provided that such
Opinion of Counsel may contain limitations acceptable to the purchaser of such Series of
Bonds, including limitations as to enforcement by bankruptcy or similar laws, equity
principles, sovereign police powers, and federal powers;
(4) A Written Certificate of the City setting forth (A) the principal amount of
the Bonds, (B) the Debt Service for each Fiscal Year of the Bonds of such Series and (C)
the Aggregate Debt Service for all Outstanding Bonds, including such Series of Bonds
being issued, for each Fiscal Year;
(5) A Written Certificate of the City demonstrating compliance with the
requirements of Section 11-14-17.5(4) of the Utah Municipal Bond Act; provided,
however, that the requirements of this subparagraph (5) shall at all times be deemed to
conform to, and shall without further action by the City be amended or supplemented so
as to conform to, any applicable debt service coverage requirements imposed by the Utah
Municipal Bond Act upon bonds payable from and secured by a pledge of tax revenues
under the Local Sales and Use Tax Act and provided further that if said Section 11-14-
17.5(4) shall be repealed without replacement, it shall not be necessary for the City to
comply with this subparagraph (5);
(6) The amounts, if any, necessary for deposit into the Construction Fund, the
Revenue Fund, and any Series Subaccount in the Debt Service Reserve Account for such
Series of Bonds; and
(7) Such further documents, moneys and securities as are required by the
provisions of Section 2.03 or Section 2.04, or of any Supplemental Indenture.
(c) The City may authorize by Supplemental Indenture the delivery to the Trustee of
one or more Security Instruments with respect to any Series of Bonds and the execution and
delivery of any Security Instrument Agreements deemed necessary in connection therewith.
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(d) The City may authorize by Supplemental Indenture the issuance and delivery to the
Trustee of one or more Reserve Instruments and the execution and delivery of any Reserve
Instrument Agreements deemed necessary in connection therewith.
(e) The City may authorize by Supplemental Indenture the issuance of Put Bonds;
provided that any obligation of the City to pay the purchase price of any such Put Bonds shall not
be secured by a pledge of Revenues on a parity with the pledge contained in Section 5.01. The
City may provide for the appointment of such Remarketing Agents, indexing agents or other
agents as the City may determine.
(f) The City may authorize by Supplemental Indenture such other provisions relating to
a Series of Bonds as are permitted by law and are consistent with the provisions of the Indenture.
(g) After the original issuance of the Bonds of any Series, no Bonds of such Series shall
be issued except in lieu of or in substitution for other Bonds of such Series pursuant to
Article III, Section 4.04 or Section 8.06.
(h) Notwithstanding any provision of this Section 2.02 to the contrary, a Supplemental
Indenture may provide for the delivery of a Series of Bonds, issued in the form of a single Bond,
in installments to be noted by the Trustee in a delivery schedule on the reverse side thereof or
attached thereto.
Section 2.03. Special Provisions for the Issuance of Construction Bonds.
(a) One or more Series of Construction Bonds may be authenticated and delivered upon
original issuance from time to time in such principal amount for each such Series as may be
determined by the City for the purpose of paying or providing for the payment of all or a portion
of the Cost of Construction of a Project. Each such Series shall be in such principal amount
which, when taken together with funds previously used or to be provided by the City for such
Project, will provide the City with sufficient funds to pay the estimated Cost of Construction of
such Project, as set forth in the Written Certificate of the City furnished pursuant to Section
2.03(c).
(b) Each Supplemental Indenture authorizing the issuance of a Series of Construction
Bonds:
(1) shall specify the Project for which the proceeds of such Series of
Construction Bonds will be applied; and
(2) may provide for the deposit of a specified amount of money from the
proceeds of the sale of such Series of Construction Bonds or from other legally available
sources into a Project Account in the Construction Fund to pay when due (together with
any investment earnings available for such purpose) all or a portion of the interest on
such Series of Construction Bonds accrued and to accrue to the Estimated Completion
Date, plus interest to accrue on such Series of Construction Bonds after the Estimated
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Completion Date for up to one Year (or such different period as may then be permitted by
law).
(c) Each Series of Construction Bonds shall be authenticated and delivered by the
Trustee only upon receipt by the Trustee (in addition to the documents required by Section 2.02)
of a Written Certificate of the City which shall:
(1) set forth the then Estimated Completion Date and the then estimated Cost
of Construction of the Project being financed by such Series of Bonds;
(2) state that, upon the authentication and delivery of the Bonds of such
Series, no event will have occurred which, with the passage of time or the giving of
notice, or both, would give rise to an Event of Default under the Indenture;
(3) set forth, for any Year within the twenty-four (24) calendar months next
preceding the authentication and delivery of such Series of Construction Bonds, the
Revenues for such period;
(4) set forth the Maximum Annual Debt Service on all Outstanding Bonds
upon the issuance of the proposed Series of Construction Bonds, together with any
adjustments to the Maximum Annual Debt Service permitted by Section 2.03(d); and
(5) demonstrate that the Revenues set forth in (3) above are equal to or greater
than 200% of the Maximum Annual Debt Service set forth in (4) above.
(d) In determining the Maximum Annual Debt Service on all Outstanding Bonds, the
City may reduce the Debt Service on any Series of Bonds for any Fiscal Year by (1) the amount
of capitalized interest available to pay the interest on such Bonds in such Fiscal Year pursuant to
Section 2.03(b)(2), and (2) the Special Revenues pledged to pay such Debt Service in an amount
equal to either (i) the average annual amount of the Special Revenues for the most recent three
(3) Fiscal Years or (ii) 75% of the Special Revenues for the most recent Fiscal Year, each as
shown in, or calculated on the basis of the information contained in, the applicable audited
financial statements of the City filed with the Trustee as provided in Section 6.06(b), but not
exceeding the Debt Service on such Series of Bonds in any Fiscal Year. If Special Revenues are
to be used in connection with the determination of the Maximum Annual Debt Service, then the
City shall deliver to the Trustee (A) confirmation from each Rating Agency then maintaining a
rating on any Outstanding Bonds that the pledge of Special Revenues will not result in the
reduction or withdrawal of any rating on any Outstanding Bonds, and (B) an Opinion of Counsel
of nationally recognized standing in the field of law relating to municipal bonds to the effect that
such pledge of Special Revenues will not adversely affect the tax-exempt status of any Bonds
then Outstanding.
(e) The proceeds, including accrued interest, of the Construction Bonds of each Series
shall be deposited simultaneously with the delivery of such Bonds into the Construction Fund
and, to the extent permitted by law and the provisions of the Indenture, in any other Funds or
Accounts or such other funds or accounts as may be established by the Supplemental Indenture
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authorizing the issuance of such Series of Construction Bonds in such amounts as may be
provided in such Supplemental Indenture; and
(f) There may also be deposited from any legally available source, to the extent
permitted by law and the provisions of the Indenture, in the Funds and Accounts or such other
funds or accounts as may be established by the Supplemental Indenture, such amounts, if any, as
may be provided in the Supplemental Indenture authorizing the issuance of such Series of
Construction Bonds.
Section 2.04. Special Provisions for the Issuance of Refunding Bonds.
(a) One or more Series of Refunding Bonds may be issued in such principal amount
which, when taken together with other legally available funds, will provide the City with funds
which will be sufficient to accomplish the refunding of the Refunded Bonds including the
payment of all expenses and the establishment of any reserves in connection with such
refunding.
(b) Each Supplemental Indenture authorizing the issuance of a Series of Refunding
Bonds shall specify the Refunded Bonds to be refunded.
(c) Each Series of Refunding Bonds shall be authenticated and delivered by the Trustee
only upon receipt by the Trustee (in addition to the documents required by Section 2.02) of the
following documents or moneys or securities (or if such documents or moneys or securities are
to be delivered to the trustee or debtor for the other borrowings, to such trustee or debtor, with a
copy or other evidence of such delivery to the Trustee):
(1) Either
(A) for Refunded Bonds originally issued pursuant to the provisions of
the Indenture, a Written Certificate of the City which shall:
(i) set forth the Aggregate Debt Service on the Refunded
Bonds for each Fiscal Year to and including the scheduled final maturity
date thereof,
(ii) set forth the Aggregate Debt Service on the Refunding
Bonds for each Fiscal Year to and including the scheduled final maturity
date thereof, and
(iii) demonstrate that the Aggregate Debt Service on the
Refunding Bonds for each such Fiscal Year set forth pursuant to clause (ii)
is no greater than one hundred percent (100%) of the Aggregate Debt
Service on the Refunded Bonds for each such Fiscal Year set forth
pursuant to clause (i), and containing such additional statements as may be
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reasonably necessary to show compliance with the requirements of the
Indenture;
or
(B) A Written Certificate of the City which shall:
(i) set forth, for any Year within the twenty-four (24) calendar
months next preceding the authentication and delivery of such Series of
Refunding Bonds, the Revenues for such period;
(ii) set forth the Maximum Annual Debt Service upon the
issuance of the proposed Series of Refunding Bonds, together with any
adjustments to the Maximum Annual Debt Service permitted by Section
2.03(d); and
(iii) demonstrate that the Revenues set forth in (i) above are
equal to or greater than 200% of the Maximum Annual Debt Service set
forth in (ii) above.
The provisions of this paragraph (c)(1) shall not apply to the first Series of Bonds issued
hereunder.
(2) Irrevocable instructions to the Trustee (or such trustee or lender or its
designee, as appropriate), satisfactory to it, to give due notice of redemption of all the
Refunded Bonds on the redemption date or dates specified in such instructions;
(3) If the Refunded Bonds are not by their terms subject to redemption within
the next succeeding ninety (90) days, irrevocable instructions to the Trustee (or such
trustee or lender or its designee, as appropriate), satisfactory to it, to mail the notice
provided for in Section 11.01(b) (or any similar provision for other borrowings, as
appropriate) to the holders of the Refunded Bonds;
(4) Either (A) moneys in an amount sufficient to effect payment at the
applicable redemption price of the Refunded Bonds, together with accrued interest to the
redemption date, which moneys shall be held by the Trustee or any one or more of the
Paying Agents (or such trustee or lender or its designee, as appropriate) in a separate
account irrevocably in trust for and assigned to the respective holders of the Refunded
Bonds, or (B) Government Obligations (or similar investments as provided for in the
documents relating to other borrowings, as appropriate) in such principal amounts, of
such maturities, bearing such interest, and otherwise having such terms and qualifications
and any moneys, as shall be necessary to comply with the provisions of Section 11.01(b)
(or any similar provision for other borrowings, as appropriate), which Government
Obligations and moneys shall be held in trust and used only as provided in such Section.
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(d) A Series of Refunding Bonds may be combined with a Series of Construction
Bonds.
Section 2.05. Provisions Regarding Bonds Secured by a Security Instrument.
(a) The City may include such provisions in a Supplemental Indenture authorizing the
issuance of a Series of Bonds secured by a Security Instrument as the City deems appropriate,
including:
(1) So long as the Security Instrument is in full force and effect, and payment
on the Security Instrument is not in default, (A) the Security Instrument Issuer shall be
deemed to be the Holder of the Outstanding Bonds of such Series when the approval,
consent or action of the Bondholders for such Series of Bonds is required or may be
exercised under the Indenture and following an Event of Default and (B) the Indenture
may not be amended in any manner which affects the rights of such Security Instrument
Issuer without its prior written consent.
(2) In the event that the Principal and Redemption Price, if applicable, and
interest due on any Series of Bonds Outstanding shall be paid under the provisions of a
Security Instrument, all covenants, agreements and other obligations of the City to the
Bondholders of such Series of Bonds shall continue to exist and such Security Instrument
Issuer shall be subrogated to the rights of such Bondholders in accordance with the terms
of such Security Instrument.
(b) In addition, such Supplemental Indenture may establish such provisions as are
necessary to provide relevant information to the Security Instrument Issuer and to provide a
mechanism for paying Principal Installments and interest on such Series of Bonds from the
Security Instrument.
ARTICLE III
TERMS AND PROVISIONS OF BONDS
Section 3.01. Terms of Bonds.
(a) The Principal and Redemption Price of the Bonds shall be payable in lawful money
of the United States of America at the principal corporate trust operations office of the Trustee,
or at the principal office of any Paying Agent, or otherwise as provided in a Supplemental
Indenture with respect to any Series of Bonds. Unless otherwise provided in a Supplemental
Indenture with respect to a Series of Bonds, payment of interest on any Bond shall be made to
the person who is the registered owner thereof as of the close of business on the Record Date and
shall be paid by check mailed to the registered owner thereof at the address of such registered
owner as it appears on the registration books of the City maintained by the Trustee or at such
other address as is furnished to the Trustee in writing by such registered owner prior to the
Record Date.
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(b) Unless otherwise provided in a Supplemental Indenture authorizing a Series of
Bonds, the Bonds of any Series shall be issued in fully registered form without coupons. Each
Series of Bonds shall be in such denominations as may be authorized by the Supplemental
Indenture authorizing the issuance of the Bonds of such Series. A Supplemental Indenture may
provide for the delivery of a Series of Bonds, issued in the form of a single fully registered Bond,
in installments to be noted by the Trustee in a delivery schedule attached to such Bond.
Anything in this Indenture to the contrary notwithstanding, a Supplemental Indenture may
provide that Bonds issued in such single fully registered form may be submitted to the Trustee
for notation of payment of installments and for notation of transfer, without requiring
cancellation of such single fully registered Bond. Such Supplemental Indenture may provide for
transfer of such Bonds to a new Holder by delivery after such notation, and without cancellation.
(c) The Bonds shall be dated as of the Issue Date specified in the Supplemental
Indenture pursuant to which the Series of Bonds is issued. Unless otherwise provided in a
Supplemental Indenture authorizing a Series of Bonds, each fully-registered Bond of any Series
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 Bonds of such Series shall be in default, in which event it shall bear
interest from the date to which interest has been paid in full.
(d) The Bonds of each Series may contain or have endorsed thereon such provisions,
specifications and descriptive words not inconsistent with the provisions of the Indenture as may
be necessary or desirable to comply with the Act, custom, the rules of any securities exchange or
commission or brokerage board, or otherwise, as may be determined by the City prior to the
authentication and delivery thereof.
(e) From and after the issuance of the Bonds of any Series, the findings and
determinations of the Council respecting that Series shall be conclusive evidence of the existence
of the facts so found and determined in any action or proceeding in any court in which the
validity of such Bonds is at issue, and no bona fide purchaser of any such Bonds shall be
required to see to the existence of any fact or to the performance of any condition or to the taking
of any proceeding required prior to such issuance, or to the application of the purchase price paid
for such Bonds. The validity of the issuance of any Series of Bonds shall not be dependent on or
affected in any way by (1) any proceedings taken by the City for the planning, acquisition or
construction of a Project, or (2) any contracts made by the City in connection therewith, or (3)
the failure to complete the planning, acquisition or construction of a Project. The recital
contained in the Bonds that the same are issued pursuant to the Act shall be conclusive evidence
of their validity and of the regularity of their issuance and all the Bonds shall be incontestable
from and after their issuance. Bonds shall be deemed to be issued, within the meaning of the
Indenture, whenever the definitive Bonds, or any temporary Bonds exchangeable therefor, have
been delivered to the purchasers thereof, and the purchase price thereof received, or in the case
of Bonds to be refunded through exchange, whenever such exchange has been made.
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(f) Subject to any limitations contained in a Supplemental Indenture, the City may
provide a Security Instrument for any Series of Bonds (or may substitute one Security Instrument
for another) if the City has provided to the Trustee written evidence satisfactory to the Trustee
from each Rating Agency then having a rating in effect for any Series of Bonds then Outstanding
to the effect that the Rating Agency has reviewed the proposed Security Instrument and that the
use of such Security Instrument (or the substitution of one Security Instrument for another, as
appro
of such Series of Bonds.
Section 3.02. Execution of Bonds; Limited Obligations.
(a) The Bonds shall be signed on behalf of the City by the manual or facsimile
signature of its Mayor and attested and countersigned by the manual or facsimile signature of its
City Recorder, and its seal shall be thereunto affixed by its City Recorder, which may be by a
The Bonds shall then be delivered to the
Trustee for manual authentication by it or by any Transfer Agent. In case any officer who shall
have signed or attested any of the Bonds shall cease to be such officer before the Bonds so
signed or attested shall have been authenticated or delivered by the Trustee or by any Transfer
Agent or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued
and, upon such authentication, delivery and issuance, shall be as binding upon the City as though
such person who signed or attested the same had continued to be such officer of the City. Also,
any Bond may be signed, countersigned or attested on behalf of the City by any person who on
the actual date of the execution of such Bond shall be the proper officer of the City, although on
the nominal date of such Bond any such person shall not have been such officer of the City.
(b) Only such of the Bonds as shall bear thereon a certificate of authentication,
executed by the Trustee or by any Transfer Agent, shall be valid or obligatory for any purpose or
entitled to the benefits of the Indenture, and such certificate of the Trustee or of any Transfer
Agent shall be conclusive evidence that the Bonds so authenticated have been duly authenticated
and delivered under, and are entitled to the benefits of, the Indenture and that the Holder thereof
is entitled to the benefits of the Indenture.
(c) The Bonds, together with interest thereon, and all Repayment Obligations shall be
limited obligations of the City payable solely from the Revenues (except to the extent paid out of
moneys attributable to the Bond proceeds or other funds created hereunder or the income from
the temporary investment thereof) as provided herein. The issuance of the Bonds and delivery of
any Security Instrument Agreement or Reserve Instrument Agreement shall not, directly,
indirectly or contingently, obligate the City or any agency, instrumentality or political
subdivision thereof to levy any form of ad valorem taxation therefore.
(d) The provisions of this Section relating to the execution of Bonds may be changed as
they apply to the Bonds of any Series by the Supplemental Indenture authorizing such Series of
Bonds.
Section 3.03. Transfer of Bonds. Unless otherwise provided in a Supplemental Indenture
authorizing a Series of Bonds:
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(a) Any Bond may, in accordance with its terms, be transferred, upon the
books required to be kept pursuant to the provisions of Section 3.06, by the person in
whose name it is registered, in person or by his duly authorized attorney, upon surrender
of such Bond for cancellation or, if applicable, notation of the new Holder together with
the signature of the Trustee or any applicable Transfer Agent on the back of such Bond or
on a form of record attached to such Bond for such purpose, accompanied by delivery of
a written instrument of transfer in a form approved by the Trustee, duly executed. No
transfer will be effective until entered upon the books required to be kept pursuant to the
provisions of Section 3.06.
(b) Whenever any Bond shall be surrendered for transfer, the Trustee or any
Transfer Agent shall authenticate and deliver a new fully registered Bond or Bonds duly
executed by the City or, if applicable, shall deliver the same Bond, duly annotated with
the new Holder and signed by the Trustee or any applicable Transfer Agent on the back
of such Bond or on a form of record attached to such Bond for such purpose, for like
aggregate principal amount. The Trustee or any Transfer Agent shall require the payment
by the Bondholder requesting such transfer of any tax or other governmental charge
required to be paid with respect to such transfer.
(c) The City, the Trustee and any Transfer Agent shall not be required (1) to
issue, register the transfer of or exchange any Bond during a period beginning at the
opening of business 15 days before the date of the mailing of a notice of redemption of
Bonds selected for redemption under Article IV and ending at the close of business on the
day of such mailing, or (2) to register the transfer of or exchange any Bond so selected
for redemption in whole or in part, except the unredeemed portion of Bonds being
redeemed in part.
(d) The City, the Trustee and any Transfer Agent may treat and consider the
person in whose name each Bond is registered upon the books required to be kept
pursuant to Section 3.06 as the Holder and absolute owner of such Bond for the purpose
of payment of Principal of and interest on such Bond and for all other purposes
whatsoever.
Section 3.04. Exchange of Bonds. Fully-registered Bonds may be exchanged at the
principal corporate trust operations office of the Trustee or of any Transfer Agent for a like
aggregate Principal amount of fully-registered Bonds of the same Series and maturity of
authorized denominations. The Trustee or any Transfer Agent shall require the payment by the
Bondholder requesting such exchange of any tax or other governmental charge required to be
paid with respect to such exchange. Except as otherwise provided in a Supplemental Indenture
authorizing a Series of Bonds, no such exchange shall be required to be made subsequent to the
Record Date.
Section 3.05. Form of Bonds. The Bonds of each Series of Bonds shall be in
substantially the forms thereof set forth in the Supplemental Indenture authorizing the issuance
of such Bonds, with such omissions, insertions and variations not inconsistent with the terms
hereof as may be necessary, desirable, authorized and permitted hereby.
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Section 3.06. Bond Registration Books. The Trustee will keep or cause to be kept, at its
principal corporate trust operations office, sufficient books for the registration and transfer of
Bonds, which shall at all times be open to inspection by the City; and, upon presentation for such
purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or
transfer or cause to be registered or transferred, on said books, Bonds as hereinbefore provided.
Section 3.07. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become
mutilated, the City, at the expense of the Holder of such Bond, shall execute, and the Trustee or
any Transfer Agent shall, at the expense of the Holder of such Bond, thereupon authenticate and
deliver, a new Bond of like tenor in exchange and substitution for the Bond so mutilated, but
only upon surrender to the Trustee or any Transfer Agent of the Bond so mutilated. Every
mutilated Bond so surrendered to the Trustee or to any Transfer Agent shall be cancelled by it
and delivered to, or upon the order of, the City. If any Bond issued hereunder shall be lost,
destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the City and
the Trustee and, if such evidence be satisfactory to both and indemnity as required by the Act or
State law and satisfactory to the Trustee shall be given, the City, at the expense of the Holder of
such Bond, shall execute, and the Trustee shall, at the expense of the Holder of such Bond,
thereupon authenticate and deliver, a new Bond of like tenor in lieu of and in substitution for the
Bond so lost, destroyed or stolen (or if any such Bond shall have matured or shall be about to
mature, instead of issuing a substitute Bond the Trustee may pay the same without surrender
thereof). Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be
lost, destroyed or stolen shall constitute an additional contractual obligation of the City, and shall
be equally and proportionately entitled to the benefits of the Indenture with all other Bonds of the
same Series secured by the Indenture. Neither the City nor the Trustee shall be required to treat
both the original Bond and any duplicate Bond as being Outstanding for the purpose of
determining the Principal amount of Bonds which may be issued hereunder or for the purpose of
determining any percentage of Bonds Outstanding hereunder, but both the original and duplicate
Bond shall be treated as one and the same.
ARTICLE IV
REDEMPTION OF BONDS
Section 4.01. Privilege of Redemption of Bonds. Any Series of Bonds subject to
redemption prior to maturity pursuant to a Supplemental Indenture shall be redeemable, upon
notice being given, at such times, at such Redemption Prices and upon such terms as provided in
this Article and (in addition to and consistent with the terms contained in this Article) in the
Supplemental Indenture authorizing the issuance of the Bonds of such Series.
Section 4.02. Selection of Bonds for Redemption. Except as otherwise provided in a
Supplemental Indenture:
(a) If less than all of the Bonds of any Series are called for redemption and if
the Bonds of such Series shall mature on more than one date, the Bonds of such Series
shall be redeemed from the Outstanding Bonds of such Series in inverse order of
maturities.
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(b) If less than all of the Bonds of any Series maturing on any single date are
called for redemption, the Trustee shall select the Bonds to be redeemed, from the
Outstanding Bonds of such Series maturing on that date not previously called for
and fair; provided, however, that subject to other applicable provisions of the Indenture or
of any Supplemental Indenture, the portion of any Bond to be redeemed shall be in a
Principal amount equal to a denomination in which Bonds of such Series are authorized
to be issued. In selecting Bonds for redemption the Trustee shall treat each Bond as
representing the number of Bonds which is obtained by dividing the Principal amount of
each Bond by the minimum denomination in which such Series of Bonds is authorized to
be issued. If part but not all of a Bond shall be selected for redemption, the Holder
thereof or his attorney or legal representative shall present and surrender such Bond to the
Trustee for payment of the Principal amount thereof so called for redemption and the
redemption premium, if any, on such Principal amount. The City shall execute and the
Trustee or any Transfer Agent shall authenticate and deliver to or upon the order of such
Holder or his legal representative, without charge therefor, a Bond or Bonds of the same
maturity and bearing interest at the same rate as the Bond so surrendered for the
unredeemed portion of the surrendered Bond. The Trustee shall promptly notify the City
in writing of the Bonds or portions thereof selected for redemption.
Section 4.03. Notice of Redemption. Except as otherwise provided in a Supplemental
Indenture authorizing a Series of Bonds:
(a) Notice of redemption shall be given by first class mail, postage prepaid,
not less than 30 nor more than 60 days prior to the redemption date, to the registered
owner of such Bond, 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, but
neither failure to mail any such notice nor any defect in any notice so mailed shall affect
the sufficiency of the proceedings for the redemption of any of the Bonds. Each notice of
redemption shall state the redemption date, the place of redemption, the source of the
funds to be used for such redemption, the Principal amount and, if less than all of the
Bonds of any like Series and maturity are to be redeemed, the distinctive numbers of the
Bonds to be redeemed, and shall also state that the interest on the Bonds or portions
thereof in such notice designated for redemption shall cease to accrue from and after such
redemption date and that on said date there will become due and payable on each of said
Bonds the Redemption Price thereof and interest accrued thereon to the redemption date.
(b) Notice of redemption shall be given by the Trustee for and on behalf and
at the expense of the City, at the Written Request of the City given to the Trustee at least
60 days prior to the date fixed for redemption. The City shall deposit with, or otherwise
make available to, the Trustee the money required for payment of the Redemption Price
of and the accrued interest to the redemption date on all Bonds then to be called for
redemption at least two Business Days before the date fixed for such redemption.
(c) If at the time of mailing of notice of redemption there shall not have been
deposited with the Trustee moneys sufficient to redeem all Bonds called for redemption,
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such notice may state that it is conditional upon the deposit of moneys sufficient to
redeem all Bonds with the Trustee not later than the redemption date, and such notice
shall be of no effect unless such moneys are so deposited. If the notice contains such
condition and if moneys sufficient to redeem all Bonds called for redemption have not
been deposited with the Trustee by the redemption date, the notice of redemption shall be
rescinded, none of the Bonds described in such notice shall be redeemed, the Redemption
Price shall not be due and payable under the Indenture, and the Trustee shall, as soon as
possible after the redemption date, give notice for and on behalf and at the expense of the
City, by first class mail, postage prepaid, to the registered owners of the Bonds called for
redemption of the rescission of such notice of redemption.
Section 4.04. Partial Redemption of Bonds; Disposition of Redeemed Bonds. Except as
otherwise provided in a Supplemental Indenture authorizing a Series of Bonds:
(a) Upon surrender of any Bond redeemed in part only, the City shall duly
execute and the Trustee or any Transfer Agent shall authenticate and deliver to the
registered owner thereof, at the expense of the City, a new Bond or Bonds of the same
Series and maturity and of authorized denominations equal in aggregate Principal amount
to the unredeemed portion of the Bond surrendered.
(b) All Bonds redeemed in whole or in part pursuant to the provisions of this
Article shall be cancelled by the Trustee or any Transfer Agent and shall thereafter be
delivered to, or upon the order of, the City.
Section 4.05. Effect of Redemption. Except as otherwise provided in a Supplemental
Indenture authorizing a Series of Bonds, if notice of redemption has been duly given as
aforesaid, and moneys for payment of the Redemption Price, together with interest to the
redemption date on the Bonds so called for redemption, are held by the Trustee, then such Bonds
shall, on the redemption date designated in such notice, become due and payable at the
Redemption Price specified in such notice and interest accrued thereon to the redemption date;
and from and after the date so designated interest on the Bonds so called for redemption shall
cease to accrue.
ARTICLE V
PLEDGE OF REVENUES; ESTABLISHMENT OF
FUNDS AND APPLICATION THEREOF
Section 5.01. The Pledge Effected by the Indenture. The Bonds and the Repayment
Obligations are special obligations of the City payable from and secured by the Revenues,
moneys, securities and funds pledged therefor. There are hereby pledged for the payment of
Principal, Redemption Price and interest on the Bonds and of Repayment Obligations in
accordance with their terms and the provisions of the Indenture, subject only to the provisions of
the Indenture permitting the application thereof for the purposes and on the terms and conditions
set forth in the Indenture (1) the proceeds of sale of the Bonds, (2) the Revenues, and (3) the
Construction Fund, Principal and Interest Fund, Revenue Fund and any other Funds hereafter
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established or confirmed by the Indenture (except for any Rebate Fund) and pledged for the
payment of Principal, Redemption Price and interest on the Bonds and of Repayment
Obligations, including the investments, if any, thereof, subject to any required rebate of all or a
portion of the earnings on such investments to the United States of America pursuant to the
requirements of Section 148(f) of the Code.
Section 5.02. Perfection of Security Interest.
(a) This Indenture creates a valid and binding pledge and assignment of and security
interest in all of the Revenues pledged under this Indenture in favor of the Trustee as security for
payment of the Bonds, enforceable by the Trustee in accordance with the terms thereof.
(b) Under the laws of the State, such pledge and assignment and security interest is
automatically perfected by Section 11-14-28, Utah Code Annotated 1953, as amended, and
hereafter has priority against all parties having claims of any kind in tort, contract, or otherwise
against the City, regardless of whether or not the parties have notice of the lien created
hereunder.
Section 5.03. Establishment of Funds.
(a) The following Funds are hereby established:
(1) Revenue Fund, to be held by the City;
(2) Construction Fund, to be held by the Trustee, in which the Trustee shall
establish a Project Account for each Project; and
(3) Principal and Interest Fund, to be held by the Trustee, consisting of
(A) a Bond Service Account, in which the Trustee shall establish a
separate Series Subaccount for each Series of Bonds, and
(B) a Debt Service Reserve Account, in which the Trustee may
establish a separate Series Subaccount for one or more Series of Bonds.
(c) The City may, by Supplemental Indenture, establish one or more additional Funds,
accounts or subaccounts, including, but not limited to, a Rebate Fund.
Section 5.04. Construction Fund.
(a) There shall be paid into the Construction Fund the amounts required to be so paid
by the provisions of the Indenture or any Supplemental Indenture.
(b) The Trustee shall establish within the Construction Fund a separate Project Account
for each Project and may establish one or more subaccounts in each Project Account.
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(c) Amounts in each Project Account established for a Project shall be applied to pay
the Cost of Construction of the Project. In the event and to the extent that proceeds of the sale of
Bonds were deposited in a Project Account to provide for the payment of capitalized interest, the
Trustee shall, during the period for which such interest was capitalized, transfer from such
Project Account, to the appropriate Series Subaccount in the Bond Service Account, the amounts
required to pay interest on the Bonds when due, subject to any limitations contained in the
Supplemental Indenture authorizing such Bonds.
(d) Before any payment is made from any Project Account by the Trustee (except for
transfers into Series Subaccounts in the Bond Service Account to pay interest on the Bonds as
contemplated in (c) above), the City shall file with the Trustee a Written Request of the City,
showing with respect to each payment to be made, the name of the person to whom payment is
due and the amount to be paid with payment instructions, and stating that the obligation to be
paid was incurred and is a proper charge against the Project Account. Each such Written
Request shall be sufficient evidence to the Trustee that obligations in the stated amounts have
been incurred by the City and that each item thereof is a proper charge against the applicable
Project Account.
(e) Upon receipt of each such Written Request, the Trustee shall pay the amounts set
forth therein as directed by the terms thereof.
(f) The City shall maintain on file with the Trustee a schedule of dates on which the
City estimates that money in each Project Account will be expended and the amounts estimated
to be required on those dates. The City may revise such schedule at any time to reflect changes
in the estimated dates and amounts. Amounts in the Construction Fund shall be invested and
reinvested by the Trustee, in accordance with instructions received from an Authorized Officer
of the City, to the fullest extent practicable in Investment Securities (or, to the extent permitted
by a Supplemental Indenture executed and delivered pursuant to Section 10.02(a)(3), in other
investments) maturing in such amounts and at such times as may be necessary to make funds
available when needed. The Trustee may, and to the extent required for payments from the
Construction Fund shall, sell any such Investment Securities at any time, and the proceeds of
such sale, and of all payments at maturity and upon redemption of such investments, shall be
held in the applicable Project Account in the Construction Fund.
(g) Unless otherwise provided in a Supplemental Indenture authorizing a Series of
Construction Bonds, all net income earned on any moneys or investments in the Project Account
established in the Construction Fund for a Project shall be held in such Project Account and
applied to pay the Costs of Construction.
(h) The substantial completion of construction of each Project shall be evidenced by a
Written Certificate of the City, which shall be filed with the Trustee. Upon the filing of such
Certificate, the balance in the Project Account in the Construction Fund in excess of the amount,
if any, stated in such Certificate shall, to the extent permitted under applicable law and
covenants, including any covenants contained in any Tax Certificate, regarding the use of
proceeds of the Bonds, and as directed in such Written Certificate or in a Supplemental
Indenture, be (i) used to purchase Bonds as provided in Section 5.09, (ii) deposited into the Debt
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Service Reserve Account to fund any amounts required to be deposited therein, (iii) deposited
into the Bond Service Account, (iv) transferred into another Project Account to pay Costs of
Construction of a Project or (v) used for any other purpose for which proceeds of Bonds may be
used under applicable law and covenants regarding the use of proceeds of Bonds. If subsequent
to the filing of such Certificate, a supplemental Written Certificate of the City is filed with the
Trustee stating that the balance of the money remaining in the Construction Fund is no longer
needed to pay Costs of Construction of such Project, any remaining balance in the Project
Account in the Construction Fund shall, to the extent permitted under applicable law and
covenants, including any covenants contained in any Tax Certificate, regarding the use of
proceeds of the Bonds and as directed in such supplemental Written Certificate or in a
Supplemental Indenture, be (i) used to purchase Bonds as provided in Section 5.09, (ii) deposited
into the Debt Service Reserve Account to fund any amounts required to be deposited therein, (iii)
deposited into the Bond Service Account, (iv) transferred into another Project Account to pay
Costs of Construction of a Project or (v) used for any other purpose for which proceeds of Bonds
may be used under applicable law and covenants regarding the use of proceeds of Bonds.
Section 5.05. Revenues; Revenue Fund.
(a) All Revenues shall be promptly deposited by the City to the credit of the Revenue
Fund. There shall also be deposited into the Revenue Fund all amounts required to be so
deposited by the Indenture, including, but not limited to, Section 10.02.
(b) Following the deposits required by Section 5.06(a), there shall be retained in the
Revenue Fund, to the extent such amounts are not otherwise required to be transferred from the
Revenue Fund pursuant to the provisions of Section 5.06, the amount estimated to be required
for deposit into the Principal and Interest Fund in the next succeeding month; provided, however,
for purposes of calculating the interest payable for the next succeeding month for any Series of
Variable Rate Bonds or Repayment Obligations bearing interest at a variable rate that cannot be
ascertained for any such month, it shall be assumed that such Series of Variable Rate Bonds or
Repayment Obligations will bear interest at the greater of (i) the maximum interest rate permitted
under the applicable Supplemental Indenture authorizing the issuance of such Series of Variable
Rate Bonds, (ii) the maximum interest rate permitted under any Reserve Instrument Agreement
then in effect with respect to such Series of Variable Rate Bonds, or (iii) the maximum interest
rate permitted under any Security Instrument Agreement then in effect with respect to such
Series of Variable Rate Bonds, as applicable.
Section 5.06. Flow of Funds.
(a) On or before the last Business Day prior to the end of each month the City shall
transfer from the Revenue Fund, to the extent of moneys available therein, and deposit, in the
following order:
(1) into the following Funds and Accounts, the amounts set forth below:
(A) Into the Principal and Interest Fund:
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(i) for credit to the Bond Service Account, the amount, if any,
required so that the balance in each of the Series Subaccounts in the Bond
Service Account shall equal the Accrued Debt Service on the Series of
Bonds and, to the extent that the Supplemental Indenture creating such
Series Subaccount authorizes the use of a Security Instrument, on any
Security Instrument Repayment Obligations for which such Series
Subaccount was established; provided that if there are not sufficient
moneys to satisfy the requirements of this subsection (i) with respect to all
Series Subaccounts in the Bond Service Account, all moneys available for
distribution among such Series Subaccounts shall be deposited into the
Bond Service Account and distributed on a pro rata basis to the deficient
Series Subaccounts in the Bond Service Account, such distribution to be
determined by multiplying the amount available for distribution by the
proportion that the deficiency for each Series Subaccount bears to the total
deficiency for all Series Subaccounts; and provided further, that in the
event and to the extent moneys have been deposited in any Project
Account to provide for the payment of capitalized interest, such moneys
shall be transferred from the appropriate Project Account and deposited
into the appropriate Series Subaccount in the Bond Service Account in an
amount sufficient to cause the balance in such Series Subaccount to equal
the interest component of Accrued Debt Service on the Series of Bonds;
and
(ii) for credit to the Debt Service Reserve Account, without
priority or preference as between subsections (A) or (B):
(A) if, after the issuance of a Series of Bonds, an
amount equal to the Debt Service Reserve Requirement is not on
deposit in the Series Subaccount established in the Debt Service
Reserve Account for such Series of Bonds because sufficient
moneys for that purpose were not required by a Supplemental
Indenture to be deposited into the Debt Service Reserve Account
pursuant to the provisions of Section 2.02(a)(10), such amount as
shall be required by the Supplemental Indenture authorizing such
Series of Bonds, in not to exceed sixty (60) approximately equal
monthly installments commencing no later than the Business Day
immediately preceding the first Interest Payment Date of such
Series of Bonds, computed as of the contemplated date of issuance
of such Series of Bonds, necessary to cause the balance in such
Series Subaccount to equal the Debt Service Reserve Requirement;
and
(B) if moneys shall ever have been paid out of any
Series Subaccount in the Debt Service Reserve Account for the
purpose specified in Section 5.08(b) or if for any other reason
moneys in any Series Subaccount in the Debt Service Reserve
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Account shall have been removed and in either case if such
moneys shall not have been replaced from any source, such
amount as shall be necessary to cause either the amount so paid out
of or removed from such Series Subaccount in the Debt Service
Reserve Account to be replaced, or the amount to be on deposit in
such Series Subaccount to be equal to the Debt Service Reserve
Requirement attributable to the corresponding Series of Bonds,
whichever is less;
provided that if there are not sufficient moneys in the Revenue Fund to
satisfy the requirements of this subsection (ii), all moneys available for
distribution among the Series Subaccounts in the Debt Service Reserve
Account shall be deposited into the Debt Service Reserve Account and
distributed pro rata based on the amount of the deficiencies to the deficient
Series Subaccounts in the Debt Service Reserve Account.
provided, however, that so long as there shall be held in the Principal and Interest Fund,
excluding any Reserve Instrument Coverage, an amount sufficient to pay in full all Outstanding
Bonds and all outstanding Repayment Obligations in accordance with their terms (including
Principal or applicable sinking fund Redemption Price and interest thereon), no deposits shall be
required to be made into the Principal and Interest Fund.
(b) Amounts remaining in the Revenue Fund at the end of each month after payment of
the amounts required by subsection (a) of this Section may be applied by the City, free and clear
of the lien of the Indenture, to any one or more of the following, to the extent permitted by law:
(1) the purchase or redemption of any Bonds and payment of expenses in connection therewith;
(2) payments of Principal or redemption price of and interest on any bonds, including general
obligation or junior lien revenue bonds of the City; (3) payments into any Project Account or
Accounts established in the Construction Fund for application to the purposes of such Accounts;
and (4) any other lawful purpose of the City.
(c) Upon any purchase or redemption, pursuant to subsection (b) of this Section, of
Bonds of any Series and maturity for which Sinking Fund Installments shall have been
established, the principal amount of such Bonds shall be credited toward such Sinking Fund
Installments as directed in a Written Certificate or Request of the City, unless the City shall elect
to have the Sinking Fund Installments next due credited as provided in Section 5.07(c).
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Section 5.07. Principal and Interest Fund - Bond Service Account.
(a) Each Supplemental Indenture providing for the issuance of a Series of Bonds shall
establish a separate Series Subaccount in the Bond Service Account for each such Series of
Bonds issued; provided, however, that such a separate Series Subaccount need not be established
in the Principal and Interest Fund for a Series of Bonds if such Series of Bonds is secured by a
Series Subaccount in the Debt Service Reserve Account that also secures one or more other
Series of Bonds as contemplated by Section 5.08(a) (in which case the Supplemental Indenture
may provide for the payment of principal and interest on such Series of Bonds from the same
Series Subaccount in the Principal and Interest Fund as the principal and interest on such other
Series of Bonds are payable from). There shall be deposited into each Series Subaccount the
amounts required to be so deposited pursuant to Section 5.06(a)(1)(A)(i). Any payments made
by a Security Instrument Issuer with respect to a Series of Bonds shall be deposited into the
Series Subaccount in the Bond Service Account relating to such Series of Bonds, subject to the
provisions of the Supplemental Indenture authorizing the issuance of such Series of Bonds.
(b) The Trustee shall pay out of the appropriate Series Subaccount in the Bond Service
Account to the respective Paying Agent (1) on or before each interest payment date for each
Series of Bonds, the amount required for the interest payable on such date; (2) on or before each
Principal Installment due date, the amount required for the Principal Installment payable on such
due date; and (3) on or before any redemption date for each Series of Bonds, the amount required
for the payment of Redemption Price of and accrued interest on such Bonds then to be redeemed.
Such amounts shall be applied by the Paying Agents to pay Principal Installments and
Redemption Price of, and interest on the related Series of Bonds. The Trustee shall pay out of
the appropriate Series Subaccount in the Bond Service Account to the Security Instrument Issuer,
if any, that has issued a Security Instrument with respect to such Series of Bonds an amount
equal to any Security Instrument Repayment Obligation then due and payable to such Security
Instrument Issuer. If payment is so made on Pledged Bonds held for the benefit of the Security
Instrument Issuer, a corresponding payment on the Security Instrument Repayment Obligation
shall be deemed to have been made (without requiring an additional payment by the City) and
the Trustee shall keep its records accordingly.
(c) Except as otherwise provided in a Supplemental Indenture authorizing a Series of
Bonds, amounts accumulated in any Series Subaccount in the Bond Service Account with respect
to any Sinking Fund Installment (together with amounts accumulated therein with respect to
interest on the Bonds for which such Sinking Fund Installment was established) shall, if so
directed by the City in a Written Request not less than 30 days before the due date of such
Sinking Fund Installment, be applied by the Trustee to (1) the purchase of Bonds of the Series
and maturity for which such Sinking Fund Installment was established, (2) the redemption at the
applicable sinking fund Redemption Price of such Bonds, if then redeemable by their terms, or
(3) any combination of (1) and (2). The applicable sinking fund Redemption Price (or Principal
amount of maturing Bonds) of any Bonds so purchased or redeemed shall be deemed to
constitute part of the Bond Service Account until such Sinking Fund Installment date for the
purpose of calculating the amount of such Account. As soon as practicable after the 60th day
preceding the due date of any such Sinking Fund Installment, the Trustee shall proceed to call for
redemption on such due date, by giving notice as required by the Indenture, Bonds of the Series
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and maturity for which such Sinking Fund Installment was established (except in the case of
Bonds maturing on a Sinking Fund Installment date) in such amount as shall be necessary to
complete the retirement of the unsatisfied balance of such Sinking Fund Installment. The
Trustee shall pay out of the appropriate Series Subaccount in the Bond Service Account to the
appropriate Paying Agents, on or before such redemption date (or maturity date), the amount
required for the redemption of the Bonds so called for redemption (or for the payment of such
Bonds then maturing), and such amount shall be applied by such Paying Agents to such
redemption (or payment).
Section 5.08. Principal and Interest Fund - Debt Service Reserve Account.
(a) Each Supplemental Indenture providing for the issuance of a Series of Bonds shall
establish in the Debt Service Reserve Account a separate Series Subaccount for each such Series
of Bonds issued provided, however, that such a separate Series Subaccount need not be
established in the Principal and Interest Fund for a Series of Bonds if such Series of Bonds is
secured by a Series Subaccount in the Debt Service Reserve Account that also serves one or
more other Series of Bonds. Such Supplemental Indenture shall also specify the Debt Service
Reserve Requirement to be on deposit in such Series Subaccount.
(b) If on the third Business Day prior to the end of any month, after the deposit of
moneys required by Section 5.06(a)(1)(A)(i), the amount in any Series Subaccount in the Bond
Service Account shall be less than the amount required to be in such Series Subaccount, the
Trustee shall (1) apply amounts from the corresponding Series Subaccount, if any, in the Debt
Service Reserve Account to the extent necessary to make good the deficiency; and (2) to the
extent that moneys and investments available in the corresponding Series Subaccount, if any, in
the Debt Service Reserve Account are not sufficient to eliminate the deficiency in the Series
Subaccount in the Bond Service Account and Reserve Instruments are in effect for the
corresponding Series of Bonds, immediately make a demand for payment on all such Reserve
Instruments, to the maximum extent authorized by such Reserve Instruments, in the amount
necessary to make up such deficiency, and immediately deposit such payment upon receipt
thereof in the appropriate Series Subaccount in the Bond Service Account.
(c) Whenever the moneys on deposit in a Series Subaccount in the Debt Service
Reserve Account, including investment earnings and Reserve Instrument Coverage with respect
thereto, shall exceed the Debt Service Reserve Requirement for such Series Subaccount, such
excess shall be transferred by the Trustee to the corresponding Series Subaccount in the Bond
Service Account and shall be used to pay Debt Service on the related Bonds, subject to any
limitations contained in the Tax Certificate relating to such Bonds.
(d) Whenever the amount in a Series Subaccount in the Debt Service Reserve Account,
excluding any Reserve Instrument Coverage, together with the amount in the corresponding
Series Subaccount in the Bond Service Account for a Series of Bonds, is sufficient to pay in full
all Outstanding Bonds of such Series and related Repayment Obligations in accordance with
their terms (including Principal or applicable sinking fund Redemption Price and interest
thereon), the funds on deposit in such Series Subaccount in the Debt Service Reserve Account
shall be transferred to the corresponding Series Subaccount in the Bond Service Account and no
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deposits shall be required to be made into such Series Subaccount in the Debt Service Reserve
Account.
(e) Unless otherwise provided in a Supplemental Indenture authorizing a Series of
Bonds, in calculating the amount on deposit in a Series Subaccount in the Debt Service Reserve
Account, the amount of the Reserve Instrument Coverage for the corresponding Series of Bonds
will be treated as an amount on deposit in such Series Subaccount in the Debt Service Reserve
Account. The City may deposit a Reserve Instrument into any Series Subaccount in the Debt
Service Reserve Account to satisfy all or a portion of the Debt Service Reserve Requirement
with respect to the Series of Bonds for which such Series Subaccount was established and upon
such deposit may withdraw any moneys in such Series Subaccount in excess of such Debt
Service Reserve Requirement.
(f) Unless otherwise specified in the Supplemental Indenture authorizing a Series of
Bonds, no Reserve Instrument for such Series of Bonds shall be allowed to expire unless and
until cash has been deposited into the appropriate Series Subaccount in the Debt Service Reserve
Account, or a new Reserve Instrument has been issued in place of the expiring Reserve
Instrument, in an amount or to provide coverage at least equal to the Debt Service Reserve
Requirement for the corresponding Series of Bonds.
Section 5.09. Purchase of Bonds. The City may, to the extent permitted under applicable
law and covenants, including any covenants contained in any Tax Certificate, purchase Bonds of
any Series from any available funds at public or private sale, as and when and at such prices as
the City may in its discretion determine. All Bonds so purchased shall at such times as shall be
selected by the City be delivered to and cancelled by the Trustee or any Registrar and shall
thereafter be delivered to, or upon the order of, the City, and no Bonds shall be issued in place
thereof. In the case of the purchase of Bonds of a Series and maturity for which Sinking Fund
Installments shall have been established, the City shall, by a Written Request of the City
delivered to the Trustee, elect the manner in which the Principal amount of such Bonds shall be
credited toward Sinking Fund Installments, consistent with the procedures of Section 5.07(c).
ARTICLE VI
GENERAL COVENANTS
Section 6.01. Punctual Payment of Bonds. The City will punctually pay or cause to be
paid, solely from the Revenues and funds pledged therefor pursuant to the Indenture, the
principal or Redemption Price and the interest to become due in respect of all the Bonds in strict
conformity with the terms of the Bonds and the City will punctually pay or cause to be paid all
Sinking Fund Installments which may be established for any Series of Bonds.
Section 6.02. Construction of Projects. Once the City has determined to construct a
Project and issued Bonds with respect to such Project, the City will promptly commence, or
cause to be commenced, the construction of such Project and will continue, or cause to be
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continued, the same to completion with all practicable dispatch, and such Project will be
constructed in a sound and economic manner.
Section 6.03. No Impairment of Revenues. Pursuant to Section 11-14-17.5(2)(d) of the
Utah Municipal Bond Act, (i) the ordinances, resolutions or other enactments of the Council
imposing the sales taxes constituting the Revenues and pursuant to which such sales taxes are
being collected and (ii) the obligation of the City to levy, collect and allocate the sales taxes
constituting the Revenues and to apply the Revenues as provided in the Indenture, shall be
irrevocable so long as the Bonds are Outstanding and are not subject to amendment in any
manner which would impair the rights of the Bondholders or which would in any way jeopardize
the timely payment of the principal of or interest on the Bonds when due.
Section 6.04. Against Encumbrances; Further Assurances.
(a) The City will not sell, convey, mortgage, encumber, pledge or otherwise dispose of
any part of the Revenues except as provided in the Indenture.
(b) The City will do, execute, acknowledge and deliver, or cause to be done, executed,
acknowledged and delivered, such Supplemental Indentures and such further accounts,
instruments and transfers as may be reasonably required for the better assuring, pledging and
confirming to the Trustee all and singular the Revenues and the other amounts pledged hereby to
the payment of the principal of, Redemption Price and interest on the Bonds.
Section 6.05. Covenant of State of Utah. Pursuant to Section 11-14-17.5(3) of the Utah
Municipal Bond Act, the State pledges and agrees with the Bondholders, Security Instrument
Issuers and Reserve Instrument Issuers that the State will not alter, impair or limit the Revenues
in a manner that reduces the amounts to be rebated to the City which are devoted or pledged by
the Indenture until the Bonds, together with applicable interest, are fully met and discharged;
provided, however, that nothing shall preclude such alteration, impairment or limitation if and
when adequate provision shall be made by law for the protection of the Bondholders, Security
Instrument Issuers and Reserve Instrument Issuers.
Section 6.06. Accounts and Reports.
(a) The City will at all times keep, or cause to be kept, proper books of record and
accounts, separate and apart from all other records and accounts of the City, in which complete
and accurate entries shall be made of all transactions relating to the Revenues. Such books of
record and accounts shall at all times during business hours be subject to the inspection of the
Trustee, the Holders of not less than five percent (5%) of any Series of Bonds then Outstanding,
any Security Instrument Issuer, any Reserve Instrument Issuer, any party specified by a
Supplemental Indenture, or their representatives authorized in writing.
(b) The City will place on file with the Trustee and with any party specified by a
Supplemental Indenture annually within six (6) months after the close of each Fiscal Year, a
financial statement in reasonable detail for the preceding Fiscal Year showing the receipt and
disposition of all Revenues and the balances of all Funds as of the end of each Fiscal Year,
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which financial statement and balance sheet shall be accompanied by an
Certificate. Each such financial statement, in addition to whatever matters may be thought
proper by the Independent Public Accountant to be included therein, shall include the following:
(1) An analysis of all Funds provided for herein, setting out as to each all
deposits and disbursements made during the Fiscal Year and the amount in each Fund at
the end of the Fiscal Year; and
(2) Such other matters as may be required by Supplemental Indenture.
Simultaneously with the filing of such financial statement, there shall be filed with the Trustee
and with any party specified by a Supplemental Indenture a report of indenture compliance
Certificate accompanying the financial statement.
(c) The reports, statements and other documents required to be furnished to the Trustee
pursuant to any provisions of the Indenture shall be available for inspection of Bondholders,
Security Instrument Issuers and Reserve Instrument Issuers at the principal corporate trust office
of the Trustee and, upon the Written Request of the City, shall be mailed to each Bondholder,
Security Instrument Issuer and Reserve Instrument Issuer who shall file a written request therefor
with the City.
(d) The City shall file with the Trustee and with any party specified by a Supplemental
Indenture (1) immediately upon becoming aware of any Event of Default or other default in the
performance by the City of any covenant, agreement or condition contained in the Indenture, a
Written Certificate of the City specifying such default; and (2) not later than six (6) months
following the end of each Fiscal Year a Written Certificate of the City stating that, to the best of
the knowledge and belief of the Authorized Officer of the City executing such Written
Certificate, except for any default then existing which shall have been specified in the Written
Certificate of the City referred to in (1) above, the City has kept, observed, performed and
fulfilled each and every one of its covenants and obligations contained in the Indenture and there
does not exist at the date of such Written Certificate any default by the City under the Indenture
or any Event of Default or other event which, with the lapse of time specified in Section 9.0l,
would become an Event of Default, or, if any such default or Event of Default or other event
shall so exist, specifying the same and the nature and status thereof.
Section 6.07. Maintenance of Paying Agents. The Trustee shall pay to each Paying
Agent, to the extent of the moneys held by the Trustee for such payment, funds for the prompt
payment of the principal and Redemption Price of and interest on the Bonds of such Series
presented at any such place of payment.
Section 6.08. Compliance with Indenture. The City will not issue any Bonds in any
manner other than in accordance with the provisions of the Indenture and will not suffer or
permit any default to occur under the Indenture, but will faithfully observe and perform all the
covenants, conditions and requirements hereof. The City will make, execute and deliver any and
all such further resolutions, instruments and assurances as may be reasonably necessary or proper
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to carry out the intention or to facilitate the performance of the Indenture, and for the better
assuring and confirming unto the Holders of the Bonds, the Security Instrument Issuers and the
Reserve Instrument Issuers of the rights, benefits and security provided in the Indenture. The
City for itself, its successors and assigns, represents, covenants and agrees with the Holders of
the Bonds, the Security Instrument Issuers and the Reserve Instrument Issuers as a material
inducement to the purchase of the Bonds and the issuance of the Security Instruments and the
Reserve Instruments, that so long as any of the Bonds shall remain Outstanding and the principal
or Redemption Price thereof or interest thereon shall be unpaid or unprovided for, it will
faithfully perform all of the covenants and agreements contained in the Indenture and the Bonds.
Section 6.09. Power to Issue Bonds and Pledge Revenues and Other Funds . The City is
duly authorized under all applicable laws to create and issue the Bonds and to adopt the
Indenture and to pledge the Revenues and other moneys, securities and funds purported to be
pledged by the Indenture in the manner and to the extent provided in the Indenture. The Bonds
and the provisions of the Indenture are and will be the valid and legally enforceable obligations
of the City in accordance with their terms and the terms of the Indenture. The City shall at all
times, to the extent permitted by law, defend, preserve and protect the pledge of the Revenues
and other moneys, securities and Funds pledged under the Indenture and all the rights of the
Bondholders, the Security Instrument Issuers and the Reserve Instrument Issuers under the
Indenture against all claims and demands of all persons whomsoever.
Section 6.10. General.
(a) The City shall do and perform or cause to be done and performed all acts and things
required to be done or performed by or on behalf of the City under the provisions of the Act and
the Indenture.
(b) The City covenants that upon the date of authentication and delivery of any of the
Bonds, all acts, conditions and things required by law and the Indenture to exist, to have
happened and to have been performed precedent to and in the issuance of such Bonds shall exist,
have happened and have been performed in regular and in due time, form and manner as required
by law and the City will have duly and regularly complied with all applicable provisions of law
and will be duly authorized to issue the Bonds under the Act in the manner and upon the terms as
in the Indenture provided.
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ARTICLE VII
THE TRUSTEE, THE PAYING AGENTS AND THE TRANSFER AGENTS
Section 7.01. Trustee.
(a) The City hereby appoints Zions First National Bank, as the initial Trustee hereunder
to act as the legal depositary of the City for the purpose of receiving all moneys which the City is
required to pay to the Trustee hereunder and to hold, allocate, use and apply the same as
provided in the Indenture. The Trustee hereby accepts and agrees to execute the trusts hereby
created upon the terms set forth herein. The Trustee shall act as the legal depositary of the City
for the purpose of receiving all moneys which the City is required to pay to the Trustee
hereunder, and to hold, allocate, use and apply the same as provided in the Indenture. The
Trustee shall also act as registrar and Transfer Agent for the Bonds, with the duties herein
provided, and shall also act in accordance with the duties specified in Section 3.02(a). In acting
as registrar and Transfer Agent, the Trustee shall be the agent of the City.
(b) The Trustee may at any time resign or be discharged of its duties and obligations
when such resignation shall take effect, and mailing notice thereof to the Holders of all Bonds
then Outstanding, and such resignation shall take effect on the day specified in such notice unless
previously a successor shall have been appointed as hereinafter provided, in which event such
resignation shall take effect immediately upon the appointment of such successor; provided,
however, that such resignation of the Trustee shall in no event take effect until such successor
shall have been appointed and accepted the duties of Trustee.
(c) The City may at any time remove the Trustee initially appointed or any successor
thereto by a Written Certificate of the City providing for such removal, for the appointment of a
successor, and for the effective date of the change of Trustee; provided, however, that such
removal of the Trustee shall in no event take effect until such successor shall have been
appointed and accepted the duties of Trustee by the execution of a Supplemental Indenture. A
copy of such Written Certificate of the City shall be mailed by first class mail to the Trustee.
(d) Notice of the resignation or removal of the Trustee and the appointment of a
successor shall be mailed by first class mail to the registered Holders of all Bonds then
Outstanding, the Information Services, the NRMSIRs and to each Security Instrument Issuer and
Reserve Instrument Issuer then having a Security Instrument or Reserve Instrument outstanding,
within 30 days after delivery of the Written Certificate of the City providing for such
appointment. Any successor Trustee appointed by the City subsequent to the issuance of the first
Series of Bonds issued hereunder shall be a bank or trust company with a capital, undivided
profits and surplus of not less than $50,000,000.
(e) If no successor Trustee shall have been appointed and shall have accepted
appointment within 45 days of giving notice of the resignation or removal of the Trustee as
aforesaid, the Trustee or any Bondholder (on behalf of himself and all other Bondholders) may
petition any court of competent jurisdiction for the appointment of a successor Trustee, and such
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court may thereupon, after such notice (if any) as it may deem proper, appoint such successor
Trustee.
Section 7.02. Paying Agents; Appointment and Acceptance of Duties; Removal . The
City shall appoint Paying Agents for the Bonds of each Series pursuant to Supplemental
Indentures. Each Paying Agent shall signify its acceptance of the duties and obligations imposed
upon it by the Indenture by executing and delivering to the City and to the Trustee a written
acceptance thereof. The City may remove any Paying Agent and any successor thereto, and
appoint a successor or successors thereto; provided, however, that any such Paying Agent
designated by the City shall continue to be a Paying Agent of the City for the purpose of paying
the Principal and Redemption Price of and interest on the Bonds until the designation of a
successor as such Paying Agent. Each Paying Agent is hereby authorized to redeem Bonds when
duly presented to it for payment or redemption, which Bonds shall thereafter be delivered to the
Trustee for cancellation.
Section 7.03. Terms and Conditions of the Trusts . Notwithstanding any other provision
of this Indenture to the contrary, the Trustee shall, prior to an Event of Default, and after the
curing of all Events of Default which may have occurred, perform such duties and only such
duties as are specifically set forth in this Indenture, and no implied covenants or obligations of
the Trustee shall be read into this Indenture. Subject to Article IX and Section 7.03(l) hereof, the
Trustee shall, during the existence of any Event of Default (which has not been cured), exercise
such of the rights and powers vested in it by this Indenture, and use the same degree of care and
skill in their exercise, as a prudent person would exercise or use under the circumstances in the
conduct of his own affairs. The Trustee shall perform such duties, rights and powers only upon
and subject to the following express terms and conditions:
(a) The Trustee shall perform such duties and only such duties as are
specifically set forth in the Indenture. The duties and obligations of the Trustee shall be
determined solely by the express provisions of the Indenture, and the Trustee shall not be
liable except for the performance of such duties and obligations as are specifically set
forth in the Indenture, and no implied covenants or obligations shall be read into the
Indenture against the Trustee.
(b) The Trustee may execute any of the trusts or powers hereof and perform
any of its duties by or through attorneys, agents, receivers or employees but shall not be
answerable for the conduct of any of the same who have been selected by it with ordinary
care in accordance with the standard specified above, and shall be entitled to advice of
counsel concerning all matters of trusts hereof and the duties hereunder, and may in all
cases pay such reasonable compensation to all such attorneys, agents, receivers and
employees as may reasonably be employed in connection with the trusts hereof. The
Trustee may act upon the opinion or advice of any attorney for the City or any other
attorneys, if, in the case of such other attorneys, they are approved by the Trustee in the
exercise of reasonable care. The Trustee shall not be responsible for any loss or damage
resulting from any action or non-action in good faith in reliance upon such opinion or
advice. The Trustee shall not be liable for any error of judgment made in good faith by
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any of its officers or employees unless it shall be proved that the Trustee was negligent in
ascertaining pertinent facts.
(c) The Trustee shall not be responsible for any recital herein, or in the Bonds
(except in respect to the certificate of authentication of the Trustee endorsed on the
Bonds), or for the sufficiency of the security for the Bonds issued hereunder or intended
to be secured hereby, and the Trustee shall not be bound to ascertain or inquire as to the
performance or observance of any covenants, conditions or agreements on the part of the
City herein set forth; but the Trustee may require of the City full information and advice
as to the performance of the covenants, conditions and agreements aforesaid. The
Trustee shall have no obligation to perform any of the duties of the City under the
Indenture.
(d) The Trustee shall not be accountable for the use of any Bonds
authenticated or delivered hereunder. The Trustee may become the owner or pledgee of
Bonds secured hereby with the same rights which it would have if not Trustee. To the
extent permitted by law, the Trustee may also receive tenders and purchase in good faith
Bonds from itself, including any department, affiliate or subsidiary, with like effect as if
it were not Trustee.
(e) The Trustee shall be protected in acting upon any notice, request, consent,
certificate, order, affidavit, letter, telegram or other paper or document believed by it to
be genuine and correct and to have been signed or sent by the proper person or persons.
Any action taken by the Trustee pursuant to the Indenture, upon the request or authority
or consent of any person who at the time of making such request or giving such authority
or consent is the owner of any Bond, shall be conclusive and binding upon all future
owners of the same Bond and upon Bonds issued in exchange therefor or in place thereof.
The Trustee shall not be liable with respect to any action taken or omitted to be taken by
it in good faith in accordance with the direction of the Holders of not less than a majority
in Principal amount of the Bonds at the time Outstanding relating to the time, method and
place of conducting any proceeding for any remedy available to the Trustee, or exercising
any trust or power conferred upon the Trustee, under the Indenture.
(f) As to the existence or non-existence of any fact or as to the sufficiency or
validity of any instrument, paper or proceeding, the Trustee shall be entitled to rely upon
a Written Certificate of the City as sufficient evidence of the facts therein contained and
shall also be at liberty to accept a similar Written Certificate to the effect that any
particular dealing, transaction or action is necessary or expedient, but may at its
discretion secure such further evidence deemed necessary or advisable, but shall in no
case be bound to secure the same. The Trustee may accept a certificate of the City
Recorder to the effect that a resolution in the form therein set forth has been adopted by
the City as conclusive evidence that such resolution has been duly adopted, and is in full
force and effect.
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(g) The permissive right of the Trustee to do things enumerated in the
Indenture shall not be construed as a duty and it shall not be answerable for other than its
gross negligence or willful default.
(h) The Trustee shall not be required to take notice or be deemed to have
notice of any default hereunder except:
(1) Failure by the City to cause to be made any of the payments to the
Trustee required to be made pursuant to Article V;
(2) Failure of the City to file with the Trustee any document required
by the Indenture to be so filed prior to or subsequent to the issuance of the Bonds;
or
(3) Any default with respect to a Security Instrument Agreement or a
Reserve Instrument Agreement as to which any of the parties thereto has notified
the Trustee in writing;
provided that the Trustee shall be required to take notice or be deemed to have notice of
any default hereunder if specifically notified in writing of such default by the Holders of
not less than 10% in aggregate Principal amount of Bonds then Outstanding, by any
Security Instrument Issuer or by any Reserve Instrument Issuer, and all notices or other
instruments required by the Indenture to be delivered to the Trustee must, in order to be
effective, be delivered at the principal corporate trust office of the Trustee and in the
absence of such notice, the Trustee may conclusively assume there is no default except as
aforesaid;
(i) At any and all reasonable times the Trustee, and its duly authorized agents,
attorneys, experts, engineers, accountants and representatives, shall have the right fully to
inspect any and all books, papers and records of the City pertaining to the Revenues and
the Bonds, and to take such memoranda from and in regard thereto as may be desired.
(j) The Trustee shall not be required to give any bond or surety in respect of
the execution of the said trusts and powers or otherwise in respect of the premises.
(k) Notwithstanding anything elsewhere in the Indenture contained, the
Trustee shall have the right, but shall not be required, to demand, in respect of the
authentication of any Bonds or any action whatsoever within the purview of the
Indenture, any showings, certificates, opinions, appraisals or other information, or
corporate action or evidence thereof, in addition to that by the terms hereof required, as a
condition of such action by the Trustee reasonably deemed desirable by it for the purpose
of establishing the right of the City to the authentication of any Bonds or the taking of
any other action by the Trustee.
(l) The Trustee shall be under no obligation to exercise any of the trusts or
powers vested in it by the Indenture at the request, order or direction of any of the
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Bondholders, Security Instrument Issuers or Reserve Instrument Issuers pursuant to the
provisions of the Indenture, unless such Bondholders, Security Instrument Issuers or
Reserve Instrument Issuers shall have offered to the Trustee reasonable security or
indemnity against the costs, expenses and liabilities which might be incurred therein or
thereby.
(m) All moneys received by the Trustee shall, until used or applied or invested
as herein provided, be held in trust for the purposes for which they were received, but
need not be segregated from other funds except to the extent required by mandatory
provisions of law.
(n) The Trustee shall not be bound to make any investigation into the facts or
matters stated in any resolution, certificate, statement, instrument, opinion, report, notice,
request, consent, order, approval, appraisal, Bond or other paper or document, unless
requested in writing to do so by (i) the Holders of not less than 25% in aggregate
Principal amount of the Bonds then Outstanding, (ii) any Security Instrument Issuer of a
Security Instrument then in full force and effect and not in default on a payment
obligation or (iii) any Reserve Instrument Issuer of a Reserve Instrument then in full
force and effect and not in default on a payment obligation; provided, that, if the payment
within a reasonable time to the Trustee of the costs, expenses or liabilities likely to be
incurred by it in the making of such investigation is, in the opinion of the Trustee, not
reasonably assured to the Trustee by the security afforded to it by the terms of the
Indenture, the Trustee may require reasonable indemnity against such expenses or
liabilities as a condition to so proceeding. The reasonable expense of every such inquiry
or examination shall be paid by the City or, if paid by the Trustee, shall be repaid by the
City.
(o) The Trustee shall not be liable for any action taken by it in good faith and
reasonably believed by it to be authorized or within the discretion, rights or powers
conferred upon it by the Indenture.
(p) None of the provisions contained in the Indenture shall require the Trustee
to expend or risk its own funds or otherwise incur personal financial liability in the
performance of any of its duties or in the exercise of any of its rights or powers, if there is
reasonable ground for believing that the repayment of such funds or liability is not
reasonably assured to it.
(q) The Trustee shall not be obligated to take or omit to take any action
hereunder if, upon the basis of advice of counsel selected by it, the Trustee determines it
would be unlawful to take or omit to take such action.
(r) The Trustee shall have no responsibility with respect to any information,
statement or recital in any offering memorandum or other disclosure material prepared or
distributed with respect to any Series of Bonds.
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(s) The Trustee shall not be liable for actions taken at the direction of
Bondholders or Security Instrument Issuer pursuant to the provisions of Article IX.
Section 7.04. Intervention by the Trustee. In any judicial proceeding to which the City is
a party and which in the opinion of the Trustee has a substantial bearing on the interests of
Holders of the Bonds, the Trustee may intervene on behalf of Bondholders and shall do so if
requested in writing by (i) the Holders of a majority of the aggregate Principal amount of Bonds
then Outstanding or (ii) any Security Instrument Issuer of a Security Instrument then in full force
and effect and not in default on a payment obligation. The rights and obligations of the Trustee
under this Section are subject to the approval of a court of competent jurisdiction.
Section 7.05. Successor Trustee. Any corporation or association into which the Trustee
may be converted or merged, or with which it may be consolidated, or to which it may sell or
transfer its corporate trust business or assets as a whole or substantially as a whole, or any
corporation or association resulting from any such conversion, sale, merger, consolidation or
transfer to which it is a party, shall be and become a successor Trustee hereunder and vested with
all the trusts, powers, discretions, immunities, privileges and all other matters as was its
predecessor, without the execution or filing of any instrument or any further act, deed or
conveyance on the part of the Trustee or the City, anything herein to the contrary
notwithstanding.
Section 7.06. Concerning Any Successor Trustee. Every successor Trustee appointed
hereunder shall execute, acknowledge and deliver to its or his predecessor and also to the City a
Supplemental Indenture accepting such appointment hereunder and thereupon such successor,
without any further act, deed or conveyance, shall become fully vested with all the estates,
properties, rights, powers, trusts, duties and obligations of its predecessor; but such predecessor
shall, nevertheless, on the Written Request of the City, or of its successor, execute and deliver an
instrument transferring to such successor Trustee all the estates, properties, rights, powers and
trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all securities
and moneys held by it as Trustee hereunder to its or his successor. Should any instrument in
writing from the City be required by any successor Trustee for more fully and certainly vesting
in such successor the estates, properties, rights, powers, trusts, duties and obligations hereby
vested or intended to be vested in the predecessor, any and all such instruments in writing shall,
on request, be executed, acknowledged and delivered by the City. Any Trustee ceasing to act
shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to
secure any amounts then due it pursuant to the provisions of Section 7.07 hereof.
Section 7.07. Compensation of the Trustee and Its Lien. The City covenants and agrees
to pay to the Trustee from time to time and the Trustee shall be entitled to, reasonable
compensation and, except as otherwise expressly provided, the City covenants and agrees to pay
or reimburse the Trustee upon its request for all reasonable expenses, disbursements and
advances incurred or made by the Trustee in accordance with any of the provisions of the
Indenture (including the reasonable compensation and the expenses and disbursements of its
counsel and of all persons not regularly in its employ including but not limited to any Paying
Agent, Transfer Agent or Depository) except any such expense, disbursement or advance as may
arise from its negligence or bad faith. The City also covenants to indemnify the Trustee for, and
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to hold it harmless against, any loss, liability or expense incurred without negligence or bad faith
on the part of the Trustee, arising out of or in connection with the acceptance or administration of
this trust, including the costs and expenses of defending itself against any claim of liability in the
premises. The obligations of the City under this Section to compensate and indemnify the
Trustee and to pay or reimburse the Trustee for expenses, disbursements and advances shall
constitute additional indebtedness hereunder and shall survive the satisfaction and discharge of
the Indenture. Such additional indebtedness shall be secured by a lien prior to that of the Bonds
upon all property and funds held or collected by the Trustee as such, except funds held in trust
for the benefit of the Holders of particular Bonds.
Section 7.08. Appointment of Co-Trustee. It is the purpose of this Indenture that there
shall be no violation of any law of any jurisdiction (including particularly the law of the State)
denying or restricting the right of banking corporations or associations to transact business as
Trustee in such jurisdiction. It is recognized that in case of litigation under the Indenture, and in
particular in case of the enforcement thereof on default, or in the case the Trustee deems that by
reason of any present or future law of any jurisdiction it may not exercise any of the powers,
rights or remedies herein granted to the Trustee or hold title to the properties, in trust, as herein
granted, or take any action which may be desirable or necessary in connection therewith, it may
be necessary that the Trustee appoint an additional individual or institution as a separate or co-
trustee. The following provisions of this Section are adapted to these ends.
In the event that the Trustee appoints an additional individual or institution as a separate
or co-trustee, each and every remedy, power, right, claim, demand, cause of action, immunity,
estate, title, interest and lien expressed or intended by the Indenture to be exercised by or vested
in or conveyed to the Trustee with respect thereto shall be exercisable by and vest in such
separate or co-trustee but only to the extent necessary to enable such separate or co-trustee to
exercise such powers, rights and remedies, and every covenant and obligation necessary to the
exercise thereof by such separate or co-trustee shall run to and be enforceable by either of them.
Should any instrument in writing from the City be required by the separate trustee or co-
trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to him
or it such estates, properties, rights, powers, trusts, duties and obligations, any and all such
instruments in writing shall, on request, be executed, acknowledged and delivered by the City.
In case any separate trustee or co-trustee, or a successor to either of them shall die, become
incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties
and obligations of such separate trustee or co-trustee, so far as permitted by law, shall vest in and
be exercised by the Trustee until the appointment of a new trustee or successor to such separate
trustee or co-trustee.
Section 7.09. Appointment, Duties and Term of Remarketing Agent. The City may
pursuant to a Supplemental Indenture appoint one or more Remarketing Agents from time to
time to purchase or remarket Put Bonds.
Section 7.10. Appointment, Duties and Term of Additional Transfer Agents . The City
may appoint one or more Transfer Agents from time to time in addition to the Trustee to transfer
and authenticate Bonds. Each appointment of a Transfer Agent other than the Trustee shall be
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made by a Supplemental Indenture which shall, among other things, specify the duties,
qualifications and term of such Transfer Agent and the conditions under which such Transfer
Agent may resign, be removed or be replaced. Each Transfer Agent other than the Trustee shall
signify its acceptance of the duties imposed upon it pursuant to the Indenture by depositing with
the City and the Trustee a written acceptance of such duties, together with a certificate stating
that the Transfer Agent is duly qualified to perform such duties under the terms of the Indenture
and under all applicable local, state and federal laws.
ARTICLE VIII
MODIFICATION OR AMENDMENT OF INDENTURE
Section 8.01. Amendments Permitted.
(a) The Indenture or any Supplemental Indenture and the rights and obligations of the
City and of the Holders of the Bonds may be modified or amended at any time by a
Supplemental Indenture and pursuant to the affirmative vote at a meeting of Bondholders, or
with the written consent without a meeting, (1) of the Holders of at least a majority in Principal
amount of the Bonds then Outstanding, and (2) in case less than all of the several Series of
Bonds then Outstanding are affected by the modification or amendment, of the Holders of at
least a majority in Principal amount of the Bonds of each Series so affected and then
Outstanding, and (3) in case the modification or amendment changes the terms of any Sinking
Fund Installment, of the Holders of at least a majority in Principal amount of the Bonds of the
particular Series and maturity entitled to such Sinking Fund Installment and then Outstanding;
provided, however, that if such modification or amendment will, by its terms, not take effect so
long as any Bonds of any specified Series remain Outstanding, the consent of the Holders of
Bonds of such Series shall not be required and Bonds of such Series shall not be deemed to be
Outstanding for the purpose of any calculation of Outstanding Bonds under this Section.
(b) The Indenture or any Supplemental Indenture and the rights and obligations of the
City, the Holders of the Bonds, the Security Instrument Issuers and the Reserve Instrument
Issuers may also be modified or amended at any time by a Supplemental Indenture, without
notice to or the consent of any Bondholders for any of the following purposes:
(1) to add to the covenants and agreements of the City contained in the
Indenture, to add other covenants and agreements thereafter to be observed, to pledge or
provide additional security hereunder or to surrender any right or power herein reserved
to or conferred upon the City;
(2) to make such provisions for the purpose of curing any ambiguity, or of
curing or correcting any defective provision contained in the Indenture or in regard to
questions arising under the Indenture, as the City may deem necessary or desirable, and
which shall not adversely affect the interests of the Holders of the Bonds;
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(3) to provide for the issuance of a Series of Bonds in accordance with the
provisions of Article II;
(4) to provide for the issuance of the Bonds pursuant to a book-entry system
or as uncertificated registered public obligations pursuant to the provisions of the
Registered Public Obligations Act, Chapter 7 of Title 15 of the Utah Code Annotated
1953, as amended, or any successor provision of law or to modify or eliminate the book-
entry registration system for any of the Bonds;
(5) to confirm, as further assurance, any pledge of or lien on the Revenues or
any other moneys, securities or funds subject or to be subjected to the lien of this
Indenture;
(6) to comply with the requirements of the Trust Indenture Act of 1939, as
from time to time amended;
(7) to modify, alter, amend or supplement this Indenture or any Supplemental
Indenture in any other respect which in the judgment of the Trustee is not materially
adverse to the Holders of the Bonds; provided, however, that any such modification,
alteration, amendment or supplement pursuant to this Section 8.01(b)(7) shall not take
effect until the Security Instrument Issuers at the time providing Security Instruments
which are in full force and effect and not in default on any payment obligation thereunder
shall have consented in writing to such modification, alteration, amendment or
supplement; provided further that in determining whether any such modification,
alteration, amendment or supplement is materially adverse to the Holders of the Bonds,
the Trustee shall consider the effect on the Holders as if there were no Security
Instrument with respect to the Bonds;
(8) to make any change which in the judgment of the Trustee shall not
materially adversely affect the rights or interests of the Holders of any Outstanding
Bonds requested by a Rating Agency in order to obtain or maintain any rating on the
Bonds or by a Security Instrument Issuer or Reserve Instrument Issuer in order to insure
or provide other security for any Bonds;
(9) to make any change necessary (A) to establish or maintain the exemption
from federal income taxation of interest on any Series of Bonds as a result of any
modifications or amendments to Section 148 of the Code (or any successor provision of
law) or interpretations thereof by the Internal Revenue Service, or (B) to comply with the
provisions of Section 148(f) of the Code (or any successor provision of law), including
provisions for the payment of all or a portion of the investment earnings of any of the
Funds established hereunder to the United States of America;
(10) if the Bonds affected by such change are rated by a Rating Agency, to
make any change which does not result in a reduction of the rating applicable to any of
the Bonds so affected, provided that if any of the Bonds so affected are secured by a
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Security Instrument, such change must be approved in writing by the related Security
Instrument Issuer;
(11) if the Bonds affected by such change are secured by a Security Instrument,
to make any change approved in writing by the related Security Instrument Issuer,
provided that if any of the Bonds so affected are rated by a Rating Agency, such change
shall not result in a reduction of the rating applicable to any of the Bonds so affected;
(12) to the extent permitted by a Supplemental Indenture authorizing a Series
of Bonds, the designation of the facilities to constitute a Project by such Supplemental
Indenture may be modified or amended if the City delivers to the Trustee (1) a
Supplemental Indenture designating the facilities to comprise the Project and (2) a
Written Certificate of the City setting forth the costs of the Project and an Estimated
ability to comply with the provisions of the Indenture;
(13) to provide for the appointment of a successor Trustee, a Paying Agent, a
separate or co-trustee pursuant to Section 7.08, a Remarketing Agent or a Transfer Agent;
(14) to provide for uncertificated Bonds or for the issuance of coupons and
bearer Bonds or Bonds registered only as to principal, but only to the extent that such
would not adversely affect the Tax-Exempt status of the Bonds;
(15) to provide the procedures required to permit any Holder to separate the
right to receive interest on the Bonds from the right to receive principal thereof and to sell
or dispose of such right as contemplated by Section 1286 of the Code;
(16) to provide for the appointment or replacement of a Security Instrument
Issuer or a Reserve Instrument Issuer or for an additional Security Instrument Issuer or an
additional Reserve Instrument Issuer following the occurrence of an event of default
under the respective Security Instrument or Reserve Instrument, as applicable, or to
provide for an additional Security Instrument Issuer following the withdrawal or
suspension or reduction below the Rating Category of AAA, Aaa or any equivalent rating
by any rating agency of the long-term ratings of the Security Instrument Issuer provided
that the Security Instrument provided by the replacement or additional Security
Instrument Issuer would result in a long-term rating on the Bonds equal to the Rating
Category of AAA, Aaa or any equivalent rating by any Rating Agency;
(17) to provide for the pledge of Special Revenues, additional monies, funds or
other assets to secure payment of one or more Series of Bonds; and
(18) to correct any references contained herein to provisions of the Act, the
Code or other applicable provisions of law that have been amended so that the references
herein are incorrect.
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No modification or amendment shall be permitted pursuant to subparagraph (1), (7), (8),
(10), (11), (12) or (16) unless the City delivers to the Trustee an Opinion of Counsel of
nationally recognized standing in the field of law relating to municipal bonds to the effect that
such modification or amendment will not adversely affect the tax-exempt status or validity of
any Bonds affected by such modification or amendment.
(c) No modification or amendment permitted by this Section shall (1) extend the fixed
maturity of any Bond, or reduce the Principal amount or Redemption Price thereof, or reduce the
rate or extend the time of payment of interest thereon, without the consent of the Holder of each
Bond so affected, or (2) reduce the aforesaid percentage of Bonds required for the affirmative
vote or written consent to an amendment or modification of the Indenture, without the consent of
the Holders of all of the Bonds then Outstanding, or (3) without its written consent thereto,
modify any of the rights or obligations of the Trustee.
(d) Each Supplemental Indenture authorized by this Section shall become effective as
of the date of its execution and delivery or such other date as shall be specified in such
Supplemental Indenture.
(e) No amendment shall be permitted pursuant to this Section 8.01 which shall affect
(1) the rights or duties of a Security Instrument Issuer or Reserve Instrument Issuer of a Security
Instrument or a Reserve Instrument as the case may be, then in full force and effect and not in
default on a payment obligation, or (2) the Series of Bonds for which a Security Instrument
Issuer or Reserve Instrument Issuer provides security, without the consent of such Security
Instrument Issuer or Reserve Instrument Issuer as the case may be.
(f) Notwithstanding any provisions of the Indenture to the contrary, a Supplemental
Indenture providing for the issuance by a Security Instrument Issuer of a Security Instrument in
connection with a Series of Bonds issued under the Indenture may provide, among other
provisions, that the Security Instrument Issuer shall at all times, so long as the Series of Bonds
remains Outstanding, be deemed to be the exclusive owner of all of the Bonds of such Series for
the purpose of consenting to the execution and delivery of a Supplemental Indenture pursuant to
the provisions of Section 8.01(a).
Section 8.02. Meetings.
(a) The Trustee may, and upon the Written Request of the City shall, at any time, call a
meeting of the Holders of Bonds, to be held at such place as may be selected by the Trustee and
specified in the notice calling such meeting. Written notice of such meeting, stating the time and
place of the meeting and in general terms the business to be submitted, shall be mailed by the
Trustee, postage prepaid, not less than 30 nor more than 60 days before such meeting, to any
Security Instrument Issuer or Reserve Instrument Issuer that is in full force and effect with
respect to any Series of Bonds Outstanding and to each registered owner of Bonds then
Outstanding at his address, if any, appearing upon the Bond register of the City. The cost and
expense of the giving of such notice shall be borne by the City, and the Trustee shall be
reimbursed by the City for any expense incurred by it.
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(b) Prior to calling any meeting of the Holders of Bonds, the Trustee shall adopt
regulations for the holding and conduct of such meeting, and copies of such regulations shall be
filed at the principal corporate trust office of the Trustee and at the office of the City and shall be
open to the inspection of all Bondholders. The regulations shall include such provisions as the
Trustee may deem advisable for evidencing the ownership of Bonds, for voting in person or by
proxy, for the selection of temporary and permanent officers to conduct the meeting and
inspectors to tabulate and canvass the votes cast thereat, the adjournment of any meeting and the
records to be kept of the proceedings of such meeting, including rules of order for the conduct of
such meeting and such other regulations as, in the opinion of the Trustee, may be necessary or
desirable.
(c) No resolution adopted by such meeting of Bondholders shall be binding unless and
until a valid Supplemental Indenture has been executed and delivered containing the
modifications or amendments authorized by the resolution adopted at such meeting. Such
Supplemental Indenture shall become effective upon the filing with the Trustee of the resolution
adopted at such meeting and such Supplemental Indenture.
Section 8.03. Amendment by Written Consent. The City may at any time execute and
deliver a valid Supplemental Indenture amending the provisions of the Bonds or of the Indenture
or any Supplemental Indenture, to the extent that such an amendment is permitted by this Article,
to become effective when and as approved by written consent of the Bondholders, and any
necessary Security Instrument Issuers and Reserve Instrument Issuers, and as provided in this
Section. Such Supplemental Indenture shall not be effective unless there shall have been filed
with the City or the Trustee the written consents of the necessary number of Holders of the
Bonds then Outstanding and the consents of any necessary Security Instrument Issuers and
Reserve Instrument Issuers, and a notice shall have been published as hereinafter in this Section
provided. It shall not be necessary for any consent under this Section to approve the particular
form of any proposed Supplemental Indenture, but it shall be sufficient if such consent shall
approve the substance thereof. Each consent of a Bondholder shall be effective only if
accompanied by proof of ownership of the Bonds for which such consent is given, which proof
shall be such as is permitted by Section 12.04. Any such consent shall be binding upon the
Holder of the Bonds giving such consent and on any subsequent Holder thereof (whether or not
such subsequent Holder has notice thereof) unless such consent is revoked in writing by the
Holder of the Bonds giving such consent or a subsequent Holder thereof by filing such
revocation with the City and the Trustee prior to the date when the notice hereinafter in this
Section provided for has been mailed. Notice of the execution and delivery of such
Supplemental Indenture shall be mailed by the City to Bondholders (but failure to mail copies of
such notice shall not affect the validity of the Supplemental Indenture when assented to by the
requisite percentage of the Holders of the Bonds as aforesaid) and to each Security Instrument
Issuer and Reserve Instrument Issuer of a Security Instrument or a Reserve Instrument as the
case may be, then in full force and effect and not in default in a payment obligation.
Section 8.04. Disqualified Bonds. Bonds owned or held by or for the account of the City
shall not be deemed Outstanding for the purpose of any vote, consent or other action or any
calculation of Outstanding Bonds in this Article provided for, and neither the City nor any owner
or Holder of such Bonds shall be entitled to vote or consent to, or to take, any other action
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provided for in this Article. Any Pledged Bonds shall be deemed Outstanding and, for the
purposes of any vote, shall be considered to be owned by the appropriate Security Instrument
Issuer.
Section 8.05. Effect of Modification or Amendment. When any Supplemental Indenture
modifying or amending the provisions of the Indenture or any Supplemental Indenture shall
become effective, as provided in this Article, the Indenture or such Supplemental Indenture shall
be and be deemed to be modified and amended in accordance therewith and the respective rights,
duties and obligations under the Indenture or such Supplemental Indenture of the City, the
Trustee, any Security Instrument Issuer, any Reserve Instrument Issuer, and all Holders of Bonds
Outstanding hereunder shall thereafter be determined, exercised and enforced hereunder subject
in all respects to such modification and amendment, and all the terms and conditions of any such
Supplemental Indenture shall be and be deemed to be part of the terms and conditions of the
Indenture or the modified or amended Supplemental Indenture for any and all purposes.
Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments . The
City or the Trustee may determine that Bonds executed and delivered after the effective date of a
Supplemental Indenture executed and delivered as provided in this Article shall bear a notation,
by endorsement or otherwise, in form approved by the City, as to the modification or amendment
provided for by such Supplemental Indenture. In that case, upon demand of the Holder of any
Bond Outstanding at such effective date and presentation of his Bond for the purpose at the
principal corporate trust operations office of the Trustee or at such other office as the Trustee
may select and designate for that purpose, a suitable notation shall be made on such Bond. The
City may determine that new Bonds, so modified as in the opinion of the City is necessary to
conform to such Supplemental Indenture, shall be prepared, executed and delivered. In that case,
upon demand of the Holder of any Bond then Outstanding, such new Bonds shall be exchanged
at the principal corporate trust operations office of the Trustee without cost to any Bondholder,
for Bonds then Outstanding, upon surrender of such Bonds.
Section 8.07. Irrevocable Consent. Subject to Section 8.03, any consent pursuant to the
provisions of this Article by any Holder of a Bond shall be irrevocable, and shall be conclusive
and binding upon all future Holders of the same Bond delivered on transfer thereof or in
exchange therefor or in replacement thereof.
ARTICLE IX
EVENTS OF DEFAULT AND REMEDIES OF BONDHOLDERS
Section 9.01. Events of Default. The occurrence of one or more of the following events
shall constitute an of :
(a) failure by the City to make the due and punctual payment of the Principal
or Redemption Price of any Bond when and as the same shall become due and payable,
whether at maturity as therein expressed, by proceedings for redemption or otherwise;
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(b) failure by the City to make the due and punctual payment of any
installment of interest on any Bond or any Sinking Fund Installment when and as such
interest installment or Sinking Fund Installment shall become due and payable;
(c) failure by the City to observe any of the covenants, agreements or
conditions on its part contained in the Indenture or in the Bonds contained, and failure to
remedy the same for a period of 30 days after written notice thereof, specifying such
failure and requiring the same to be remedied, shall have been given to the City by the
Trustee, or to the City and the Trustee by the Holders of not less than 25% in aggregate
principal amount of the Bonds at the time Outstanding;
(d) bankruptcy, reorganization, arrangement, insolvency or liquidation
proceedings, including without limitation proceedings under Chapter 9 of Title 11,
United States Code (as the same may from time to time be hereafter amended), or other
proceedings for relief under any federal or state bankruptcy law or similar law for the
relief of debtors are instituted by or against the City and, if instituted against the City,
said proceedings are consented to or are not dismissed within 30 days after such
institution; or
(e) any event specified in a Supplemental Indenture as constituting an Event
of Default under the Indenture;
provided that any failure by the City to make payment as described in subparagraph (a) or (b) of
this Section shall not constitute an Event of Default with respect to any Bond if the Supplemental
Indenture authorizing the issuance of such Bond provides that due and punctual payment by a
Security Instrument Issuer or a Reserve Instrument Issuer shall not give rise to an Event of
Default and such payment is, in fact, duly and punctually made.
The Trustee shall give notice to any Security Instrument Issuer or Reserve Instrument
Issuer of any Event of Default known to the Trustee within 30 days after it has knowledge
thereof.
Section 9.02. Remedies.
(a) Upon the occurrence and continuance of an Event of Default:
(i) the Trustee may proceed, and
(ii) upon the written request of (x) the Holders of a majority of the Principal
amount of the Outstanding Bonds, (y) Security Instrument Issuers at the time providing
Security Instruments which are in full force and effect and not in default on any payment
obligation and which secure a majority in aggregate Principal amount of the Bonds then
Outstanding, or (z) any combination of Bondholders and Security Instrument Issuers
described under clauses (x) and (y) representing a majority in aggregate Principal amount
of the Bonds at the time Outstanding, shall proceed,
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to protect and enforce its rights and the rights under the Indenture of the Bondholders, the
Security Instrument Issuers and the Reserve Instrument Issuers forthwith by any available
remedy, including, without limitation, suit or suits in equity or at law, whether for the payment of
any amount due hereunder or on the Bonds, or for the specific performance of any covenant
herein contained, or in aid of the execution of any power herein granted or any remedy granted
under the Act, or for an accounting against the City, as if the City were the trustee of an express
trust, or in the enforcement of any other legal or equitable right, as the Trustee, being advised by
counsel, shall deem most effectual to enforce any of its rights or to perform any of its duties
under the Indenture.
(b) All rights of action under this Indenture or under any of the Bonds may be enforced
by the Trustee without the possession of any of the Bonds or the production thereof in any trial
or other proceeding relating thereto. Any suit or proceeding instituted by the Trustee shall be
brought in its name as Trustee without the necessity of joining any Holders or other parties as
plaintiffs or defendants.
(c) No delay in exercising or omission to exercise any remedy, right or power accruing
upon any Event of Default shall impair that remedy, right or power or shall be construed to be a
waiver of any default or Event of Default or acquiescence therein. Every remedy, right and
power may be exercised from time to time and as often as may be deemed to be expedient.
(d) In case the Trustee shall have proceeded to enforce any remedy, right or power
under this Indenture in any suit, action or proceedings, and the suit, action or proceedings shall
have been discontinued or abandoned for any reason, or shall have been determined adversely to
the Trustee, then the City, the Trustee, the Bondholders, the Security Instruments Issuers and the
Reserve Instrument Issuers shall be restored to their former positions and rights hereunder,
respectively, and all rights, remedies and powers of the Trustee shall continue as if no suit, action
or proceedings had been taken.
Section 9.03. Accounting and Examination of Records After Default. The City
covenants that if an Event of Default shall have happened and shall not have been remedied, the
books of record and accounts of the City and all other records of the City relating to the
Revenues shall at all times be subject to the inspection and use of the Trustee and of its agents
and attorneys. The City covenants that if an Event of Default shall happen and shall not have
been remedied, the City, upon demand of the Trustee, will account, as if it were the trustee of an
express trust, for all Revenues and other moneys, securities and funds pledged or held under the
Resolution for such period as shall be stated in such demand.
Section 9.04. Application of Revenues and Other Moneys after Default.
(a) During the continuance of an Event of Default, the Trustee shall apply Revenues
and such moneys, securities and funds and the income therefrom as follows and in the following
order, provided that moneys held in any Series Subaccount in the Bond Service Account or in the
Debt Service Reserve Account or received under any Security Instrument shall not be used for
purposes other than payment of the interest and Principal or Redemption Price then due on the
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Series of Bonds corresponding to such Series Subaccount or such Security Instrument in
accordance with paragraph (3) of this Section:
(1) to the payment of the reasonable and proper charges and expenses of the
Trustee and the reasonable fees and disbursements of its counsel;
(2) to the payment of the interest and Principal or Redemption Price then due
on the Bonds and Security Instrument Repayment Obligations, as follows:
FIRST: To the payment to the persons entitled thereto of all
installments of interest then due on the Bonds and the Security
Instrument Repayment Obligations in the order of the maturity of
such installments, and, if the amount available shall not be
sufficient to pay in full any installment or installments maturing
on the same date, then to the payment thereof ratably, according
to the amounts due thereon, to the persons entitled thereto,
without any discrimination or preference; and
SECOND: To the payment to the persons entitled thereto of the
unpaid Principal or Redemption Price of any Bonds and Security
Instrument Repayment Obligations which shall have become due,
whether at maturity or by call for redemption, in the order of their
due dates, and, if the amount available shall not be sufficient to
pay in full all the Bonds and Security Instrument Repayment
Obligations due on any date, then to the payment thereof ratably,
according to the amounts of Principal or Redemption Price due
on such date, to the persons entitled thereto, without any
discrimination or preference.
(3) to the payment of all obligations owed to all Reserve Instrument Issuers
according to the amounts due without any discrimination or preference.
(b) If and whenever all overdue installments of interest on all Bonds and Repayment
Obligations, together with the reasonable and proper charges and expenses of the Trustee, and all
other sums payable by the City under the Indenture, including the Principal and Redemption
Price of and accrued unpaid interest on all Bonds and Repayment Obligations which shall then
be payable, shall either be paid by or for the account of the City, or provision satisfactory to the
Trustee shall be made for such payment, and all defaults under the Indenture or the Bonds shall
be made good or secured to the satisfaction of the Trustee and the Repayment Obligations shall
be made good or secured to the satisfaction of the Security Instrument Issuers and the Reserve
Instrument Issuers as appropriate, or provision deemed by the Trustee and, in the case of
Repayment Obligations, to the Security Instrument Issuers and the Reserve Instrument Issuers, as
appropriate, to be adequate shall be made therefor, the Trustee shall pay over to the City all such
Revenues then remaining unexpended in the hands of the Trustee (except Revenues deposited or
pledged, or required by the terms of the Indenture to be deposited or pledged, with the Trustee),
and thereupon the City and the Trustee shall be restored, respectively, to their former positions
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and rights under the Indenture, and all Revenues shall thereafter be applied as provided in Article
V. No such payment over to the City by the Trustee or resumption of the application of
Revenues as provided in Article V shall extend to or affect any subsequent default under the
Indenture or impair any right consequent thereon.
Section 9.05. Rights and Remedies of Bondholders.
(a) No Holder of any Bond, any Security Instrument Issuer or Reserve Instrument
Issuer shall have any right to institute any proceeding, judicial or otherwise, with respect to this
Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder,
unless:
(1) such Holder, Security Instrument Issuer or Reserve Instrument Issuer has
previously given written notice to the Trustee of a continuing Event of Default;
(2) either (x) the Holders of not less than 25% in aggregate Principal amount
of the Outstanding Bonds, (y) Security Instrument Issuers at the time providing Security
Instruments which are in full force and effect and not in default on any payment
obligation and which secure 25% in aggregate Principal amount of the Bonds at the time
Outstanding, or (z) any combination of Bondholders and Security Instrument Issuers
described in clauses (x) and (y) representing not less than 25% in aggregate Principal
amount of the Bonds at the time Outstanding, shall have made written request to the
Trustee to institute proceedings in respect of such Event of Default in its own name as
Trustee hereunder;
(3) such Holders or Security Instrument Issuers have offered to the Trustee
reasonable indemnity against the costs, expenses and liabilities to be incurred in
compliance with such request;
(4) the Trustee for 60 days after its receipt of such notice, request and offer of
indemnity has failed to institute any such proceedings; and
(5) no direction inconsistent with such written request has been given to the
Trustee during such 60 day period by (1) the Holders of a majority in Principal amount of
the Outstanding Bonds, (2) Security Instrument Issuers at the time providing Security
Instruments which are in full force and effect and not in default on any payment
obligation and which secure a majority in aggregate Principal amount of the Bonds then
Outstanding, or (3) any combination of Bondholders and Security Instrument Issuers
described in clauses (1) and (2) representing a majority in aggregate Principal amount of
the Bonds at the time Outstanding;
it being understood and intended that no one or more Holders of Bonds or Security Instrument
Issuers shall have any right in any manner whatever by virtue of, or by availing of, any provision
of this Indenture to affect, disturb or prejudice the rights of any other such parties, or to obtain or
to seek to obtain priority or preference over any other such parties or to enforce any right under
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this Indenture, except in the manner herein and therein provided and for the equal and ratable
benefit of all such parties in accordance with the provisions of the Indenture.
(b) Notwithstanding any other provision in this Indenture, the Holder of any Bond shall
have the right which is absolute and unconditional to receive payment of the Principal of,
Redemption Price and interest on such Bond on the respective stated maturities expressed in such
Bond (or, in the case of redemption, on the redemption date of such Bond) and to institute suit
for the enforcement of any such payment, subject only to any conditions of any Security
Instrument Issuer providing a Security Instrument securing such Bond. Such right to receive
payment shall not be impaired without the consent of such Holder.
(c) (i) The Holders of a majority of the Principal amount of the Outstanding Bonds, (ii)
Security Instrument Issuers at the time providing Security Instruments which are in full force and
effect and not in default on any payment obligation and which secure a majority in aggregate
Principal amount of the Bonds then Outstanding, or (iii) any combination of Bondholders and
Security Instrument Issuers described under clauses (i) and (ii) representing a majority in
aggregate Principal amount of the Bonds at the time Outstanding, shall have the right to direct
the time, method and place of conducting any proceeding for any remedy available to the Trustee
or exercising any trust or power conferred on the Trustee, provided that:
(1) such direction shall not be in conflict with any rule of law or this
Indenture,
(2) the Trustee shall not determine that the action so directed would be
unjustly prejudicial to the Holders and Security Instrument Issuers not taking part in such
direction, and
(3) the Trustee may take any other action deemed proper by the Trustee which
is not inconsistent with such direction.
Section 9.06. Appointment of Receiver. Upon the occurrence of an Event of Default, and
upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of
the Trustee and of the Bondholders, the Security Instrument Issuers and the Reserve Instrument
Issuers, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver or
receivers of the trust estate created hereby, including, without limitation, the proceeds of the sale
of the Bonds, the Revenues and the Funds, including the investments, if any, thereof, pending
such proceedings, with such powers as a court making such appointments shall confer.
Section 9.07. Non-Waiver. Nothing in this Article or in any other provision of the
Indenture or in the Bonds shall affect or impair the obligation of the City, which is absolute and
unconditional, to pay the Principal and Redemption Price of and interest on the Bonds and the
Repayment Obligations to the respective Holders of the Bonds, the Security Instrument Issuers
and the Reserve Instrument Issuers, as appropriate, at the respective dates of maturity, or upon
call for redemption, as herein provided, out of the Revenues, Funds and other moneys, securities
and funds herein pledged for such payment, or affect or impair the right of action, which is also
absolute and unconditional, of such Holders, Security Instrument Issuers or Reserve Instrument
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Issuers, as appropriate, to institute suit to enforce such payment by virtue of the contract
embodied in the Bonds and Repayment Obligations. No delay or omission of the Trustee or of
any Holder of the Bonds or, with respect to Repayment Obligations, of any Security Instrument
Issuer or Reserve Instrument Issuer as appropriate, to exercise any right or power arising upon
the happening of any Event of Default shall impair any such right or power or shall be construed
to be a waiver of any such Event of Default or an acquiescence therein, and every power and
remedy given by this Article to the Trustee or to the Holders of Bonds or, with respect to
Repayment Obligations, to Security Instrument Issuers and Reserve Instrument Issuers, as
appropriate, may be exercised from time to time and as often as shall be deemed expedient by the
Trustee, the Holders of the Bonds, the Security Instrument Issuers and the Reserve Instrument
Issuers.
Section 9.08. Remedies Not Exclusive. No remedy herein conferred upon or reserved to
the Trustee or to the Holders of Bonds or, with respect to Repayment Obligations, to Security
Instrument Issuers and Reserve Instrument Issuers, as appropriate, is intended to be exclusive of
any other remedy, and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or
otherwise, and may be exercised at any time or from time to time, and as often as may be
necessary, by the Trustee, the Holder of any one or more of the Bonds or, with respect to
Repayment Obligations, by Security Instrument Issuers and Reserve Instrument Issuers, as
appropriate. Nothing herein contained shall permit the levy of any attachment or execution upon
any of the properties of the City, nor shall any properties of the City be subject to forfeiture by
reason of any default hereunder, it being expressly understood and agreed by each and every
Bondholder by the acceptance of any Bond and by each and every Security Instrument Issuer and
Reserve Instrument Issuer by entering into Security Instrument Agreements and Reserve
Instrument Agreements, as appropriate, that the rights of all such Bondholders, Security
Instrument Issuers and Reserve Instrument Issuers are limited and restricted to the use and
application of Revenues, Funds and other moneys, securities and funds pledged under the
Indenture in accordance with the terms of the Indenture.
Section 9.09. Waivers of Events of Default. The Trustee:
(i) may waive, and
(ii) upon the written direction of (x) the Holders of a majority of the Principal
amount of the Outstanding Bonds, (y) Security Instrument Issuers at the time providing
Security Instruments which are in full force and effect and not in default on any payment
obligation and which secure a majority in aggregate Principal amount of the Bonds then
Outstanding, or (z) any combination of Bondholders and Security Instrument Issuers
described under clauses (x) and (y) representing a majority in aggregate Principal amount
of the Bonds at the time Outstanding, shall waive,
any Event of Default hereunder and its consequences; provided, however, that (x) there shall not
be waived any Event of Default specified in Section 9.01(a) or Section 9.01(b) hereof unless
prior to such waiver the City shall have caused to be deposited with the Trustee a sum sufficient
to pay all matured installments of interest upon all Bonds and the Principal of any and all Bonds
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which shall have become due (with interest upon such Principal and, to the extent permissible by
law, on overdue installments of interest, at the rate per annum specified in the Bonds) and (y) no
Event of Default shall be waived unless (in addition to the applicable conditions as aforesaid)
there shall have been deposited with the Trustee such amounts as shall be sufficient to cover
reasonable compensation and reimbursement of expenses payable to the Trustee. No such
waiver shall extend to or shall affect any subsequent default or Event of Default or shall impair
any remedy, right or power consequent thereon.
ARTICLE X
DEPOSITS AND INVESTMENT OF FUNDS
Section 10.01. Deposits.
(a) All moneys held by the Trustee under the provisions of the Indenture shall be
deposited with the Trustee. All moneys held by the City under the Indenture shall be deposited
moneys deposited under the provisions of the Indenture with the Trustee or any Agent shall be
held in trust and applied only in accordance with the provisions of the Indenture, and each of the
Funds established by the Indenture shall be a trust fund for the purposes thereof.
(b) Each Agent (other than the Trustee) shall be a bank or trust company organized
under the laws of any state of the United States of America or a national banking association,
having deposits insured by an agency of the United States of America, having capital stock,
undivided profits and surplus aggregating at least $25,000,000, and willing and able to accept the
office on reasonable and customary terms and authorized by law to act in accordance with the
provisions of the Indenture. Each Agent (other than the Trustee) shall signify its acceptance of
the duties imposed upon it pursuant to the Indenture by depositing with the Trustee a written
acceptance of such duties, together with a certificate stating that it is duly qualified to perform
such duties under the terms of the Indenture and under all applicable local, state and federal laws.
(c) All Revenues and other moneys held by any Agent under the Indenture may be
placed on demand or time deposit, if and as directed by the City, provided that such deposits
shall permit the moneys so held to be available for use at the time when needed. The City and
the Trustee shall not be liable for any loss or depreciation in value resulting from any investment
made pursuant to the Indenture. Any such deposit may be made in the commercial banking
department of any Agent which may honor checks and drafts on such deposit with the same force
and effect as if it were not such Agent. All moneys held by any Agent, as such, may be
deposited by such Agent in its banking department on demand or, if and to the extent directed by
the City and acceptable to such Agent, on time deposit, provided that such moneys on deposit be
available for use at the time when needed. Such Agent shall allow and credit on such moneys
such interest, if any, as it customarily allows upon similar funds of similar size and under similar
conditions or as required by law.
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(d) All moneys deposited with the Trustee and each Agent shall be credited to the
particular Fund or account to which such moneys belong; provided, however, nothing herein
contained shall prohibit the City from directing the Trustee or a Agent by a Written Request of
the City to make inter-Fund or account transfers of investments at the market value of the
investments so transferred, as such market value shall be determined by the City at the time of
transfer and set forth in the Written Request. The Trustee shall be entitled to rely on the
determination set forth in the Written Request.
Section 10.02. Investment of Funds.
(a) Moneys held in any Fund or account shall be invested and reinvested by the City or
the Trustee to the fullest extent practicable in Investment Securities which mature not later than
such times as shall be necessary to provide moneys when needed for payments to be made from
such Fund or account, subject to the following:
(1) the Trustee shall make such investments only in accordance with written
instructions received from an Authorized Officer of the City;
(2) any Supplemental Indenture authorizing a Series of Bonds may impose
additional restrictions on moneys held in any Fund or account; and
(3) any Supplemental Indenture authorizing a Series of Bonds may authorize
the investment of moneys to be held in any Project Account, Series Subaccount in the
Bond Service Account or Series Subaccount in the Debt Service Account created by such
Supplemental Indenture and relating to such Series of Bonds in such other investments as
may be specified by the Supplemental Indenture.
(b) Subject to any required rebate of earnings on investments in any Fund or account to
the United States of America pursuant to Section 148(f) of the Code and except as otherwise
provided in a Supplemental Indenture establishing a Project Account or a Series Subaccount: (i)
all moneys earned as an investment of moneys in the Construction Fund shall be retained therein;
(ii) net income earned on any moneys or investments in the Revenue Fund and the Bond Service
Account shall remain in or be transferred to the Revenue Fund; (iii) whenever a Series
Subaccount in the Debt Service Reserve Account is in its full required amount, net income
earned on any moneys or investments in such Series Subaccount shall be transferred to the
corresponding Series Subaccount in the Bond Service Account as provided in Section 5.08(c),
otherwise, to be retained therein.
(c) The Trustee shall have no liability or responsibility for any loss or for failure to
maximize earnings resulting from any investment made in accordance with the provisions of this
Section 10.02. The Trustee shall be entitled to assume, absent receipt by the Trustee of written
notice to the contrary, that any investment which at the time of purchase is an Investment
Security, remains an Investment Security thereafter.
(d) The Trustee may make any and all investments permitted by the provisions of this
Section 10.02 through its own investment department or that of its affiliates. As and when any
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amount invested pursuant to this Article X may be needed for disbursement, the Trustee may
cause a sufficient amount of such investments to be sold and reduced to cash to the credit of such
funds. The City acknowledges that to the extent that regulations of the Comptroller of the
Currency or other applicable regulatory agency grant the City the right to receive brokerage
confirmations of security transactions, the City waives receipt of such confirmations. The
Trustee shall furnish to the City periodic statements that include detail of all investment
transactions made by the Trustee.
Section 10.03. Arbitrage Covenant. The City covenants that moneys on deposit in any
Fund, whether or not such moneys were derived from proceeds of sales of Bonds or from any
other sources, will not be used in a manner which will cause any Bonds, the interest on which is
meaning of Section 148 of the Code; provided, however, that this covenant shall not prevent the
issuance of a Series of Bonds the interest on which is subject to Federal income taxation under
the Code.
ARTICLE XI
DEFEASANCE
Section 11.01. Discharge of Indebtedness.
(a) If the City shall pay or cause to be paid, or there shall otherwise be paid, subject to
any limitations contained in a Supplemental Indenture with respect to a Series of Bonds, to the
Holders of all Bonds the Principal or Redemption Price, if applicable, and interest due or to
become due thereon, at the times and in the manner stipulated therein and in the Indenture and if
all Repayment Obligations owed to Security Instrument Issuers and Reserve Instrument Issuers
shall have been paid in full, then the pledge of any Revenues and other moneys, securities and
Funds pledged under the Indenture and all covenants, agreements and other obligations of the
City to the Bondholders, Security Instrument Issuers and Reserve Instrument Issuers shall
thereupon cease, terminate and become void and be discharged and satisfied. In such event, the
Trustee shall cause an accounting for such period or periods as shall be requested by the City to
be prepared and filed with the City and, upon the request of the City, shall execute and deliver to
the City all such instruments as may be desirable to evidence such discharge and satisfaction, and
the Agents shall pay over or deliver to the City all moneys or securities held by them pursuant to
the Indenture which are not required for the payment of Principal or Redemption Price, if
applicable, and interest on Bonds not theretofore surrendered for such payment or redemption. If
the City shall pay or cause to be paid, or there shall otherwise be paid, to the Holders of any
Outstanding Bonds the Principal or Redemption Price, if applicable, and interest due or to
become due thereon, at the times and in the manner stipulated therein and in the Indenture, such
Bonds shall cease to be entitled to any lien, benefit or security under the Indenture, and all
covenants, agreements and obligations of the City to the Holders of such Bonds shall thereupon
cease, terminate and become void and be discharged and satisfied.
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(b) Bonds or interest installments for the payment or redemption of which moneys shall
have been set aside and shall be held in trust by the Trustee (through deposit by the City of funds
for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be
deemed to have been paid within the meaning and with the effect expressed in subsection (a) of
this Section, unless otherwise provided in a Supplemental Indenture with respect to a Series of
Bonds. Subject to any further conditions in a Supplemental Indenture with respect to a Series of
Bonds, all Outstanding Bonds of any Series shall prior to the maturity or redemption date thereof
be deemed to have been paid within the meaning and with the effect expressed in subsection (a)
of this Section if:
(l) in case any of said Bonds are to be redeemed on any date prior to their
maturity, the City shall have given to the Trustee in form satisfactory to it irrevocable
instructions to mail as provided in Article IV notice of redemption of such Bonds on said
date;
(2) there shall have been deposited with the Trustee either moneys in an
amount which shall be sufficient, or noncallable Government Obligations (including any
Government Obligations issued or held in book-entry form on the books of the
Department of the Treasury of the United States of America) the principal of and the
interest on which when due will provide moneys which, together with the moneys, if any,
deposited with the Trustee at the same time, shall be sufficient, to pay when due the
Principal or Redemption Price, if applicable, and interest due and to become due on said
Bonds on and prior to the redemption date or maturity date thereof, as the case may be;
and
(3) in the event said Bonds are not by their terms subject to redemption within
the next succeeding 90 days, the City shall have given the Trustee in form satisfactory to
it irrevocable instructions to mail, first class postage prepaid, a notice to the Holders of
such Bonds that the deposit required by (2) above has been made with the Trustee and
that said Bonds are deemed to have been paid in accordance with this Section and stating
such maturity or redemption date upon which moneys are to be available for the payment
of the Principal or Redemption Price, if applicable, on said Bonds.
Neither Government Obligations nor moneys deposited with the Trustee pursuant to this
Section nor principal or interest payments on any such Government Obligations shall be
withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the
Principal or Redemption Price, if applicable, and interest on said Bonds; provided that any cash
received from such principal or interest payments on such Government Obligations deposited
with the Trustee, if not then needed for such purpose, shall, to the extent practicable, be
reinvested in Government Obligations maturing at times and in amounts sufficient to pay when
due the Principal or Redemption Price, if applicable, and interest to become due on said Bonds
on and prior to such redemption date or maturity date thereof, as the case may be, and interest
earned from such reinvestments shall be paid over to the City, as received by the Trustee, free
and clear of any trust, lien or pledge.
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Section 11.02. Unclaimed Moneys. Anything in the Indenture to the contrary
notwithstanding, any moneys held by an Agent in trust for the payment and discharge of any of
the Bonds which remain unclaimed for four years after the date when such Bonds have become
due and payable, either at their stated maturity dates or by call for earlier redemption, if such
moneys were held by the Agent at such date, or for four years after the date of deposit of such
moneys if deposited with the Agent after the said date when such Bonds become due and
payable, shall, at the Written Request of the City, be repaid by the Agent to the City, as its
absolute property and free from trust, and the Agent shall thereupon be released and discharged
with respect thereto and the Bondholders shall look only to the City for the payment of such
Bonds.
ARTICLE XII
MISCELLANEOUS
Section 12.01. Limited Liability of City. Notwithstanding anything in the Indenture
contained, the City shall not be required to advance any moneys derived from any source of
income other than the Revenues and other moneys, securities and Funds pledged under the
Indenture for the payment of the Principal or Redemption Price of or interest on the Bonds, for
Repayment Obligations. Nevertheless, the City may, but shall not be required to, advance for
any of the purposes hereof any funds of the City which may be available to it for such purposes.
Section 12.02. Benefits of Indenture Limited to Parties. Nothing in the Indenture,
expressed or implied, is intended to give to any person other than the City, the Trustee, any
Paying Agent, any Transfer Agent, any Remarketing Agent, any Depositary, the Holders of the
Bonds, any Security Instrument Issuer or any Reserve Instrument Issuer, any right, remedy or
claim under or by reason of the Indenture. Any covenants, stipulations, promises or agreements
in the Indenture contained by and on behalf of the City shall be for the sole and exclusive benefit
of the Trustee, the Paying Agents, any Transfer Agent, any Remarketing Agent, any Depositary,
the Holders of the Bonds, any Security Instrument Issuer and any Reserve Instrument Issuer.
Section 12.03. Successor is Deemed Included in All References to Predecessor.
Whenever in the Indenture the City, the Trustee, any Paying Agent, any Transfer Agent, any
Remarketing Agent, any Depositary, any Security Instrument Issuer or any Reserve Instrument
Issuer is named or referred to, such reference shall be deemed to include the successors or
assigns thereof, and all the covenants and agreements in the Indenture contained by or on behalf
of the City, the Trustee, any Transfer Agent, any Paying Agent, any Remarketing Agent, any
Depositary, any Security Instrument Issuer or any Reserve Instrument Issuer shall bind and inure
to the benefit of the respective successors and assigns thereof whether so expressed or not.
Section 12.04. Execution of Documents by Bondholders. Any request, declaration or
other instrument which the Indenture may require or permit to be executed by Bondholders may
be in one or more instruments of similar tenor, and shall be executed by Bondholders in person
or by their attorneys appointed in writing.
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Except as otherwise expressly provided, the fact and date of the execution by any
Bondholder or his attorney of such request, declaration or other instrument, or of such writing
appointing such attorney, may be proved by the certificate of any notary public or other officer
authorized to take acknowledgments of deeds to be recorded in the state in which he purports to
act, that the person signing such request, declaration or other instrument or writing
acknowledged to him the execution thereof, or by an affidavit of a witness of such execution,
duly sworn to before such notary public or other officer.
The ownership of the Bonds and the amount, maturity, number and date of holding the
same shall be proved by the Bond register.
Any request, declaration or other instrument or writing of the Holder of any Bond shall
bind all future Holders of such Bond in respect of anything done or suffered to be done by the
City or the Trustee in good faith and in accordance therewith or in reliance thereon.
Section 12.05. Waiver of Notice. Whenever in the Indenture the giving of notice by mail
or otherwise is required, the giving of such notice may be waived in writing by the person
entitled to receive such notice, and in any such case the giving or receipt of such notice shall not
be a condition precedent to the validity of any action taken in reliance upon such waiver.
Section 12.06. Cremation or Destruction of Cancelled Bonds . Whenever in the Indenture
provision is made for the surrender to the City of any Bonds which have been paid or cancelled
pursuant to the provisions of the Indenture, the City may, by a Written Request of the City, but
shall not unless otherwise provided by law be required to, direct the Trustee to cremate or
destroy such Bonds and to furnish to the City a certificate of such cremation or destruction.
Section 12.07. Payments Due on Other Than Business Days. Except as otherwise
provided in a Supplemental Indenture, in any case where the date of payment of principal,
premium, if any, or interest on the Bonds or the date fixed for redemption of any Bonds, on the
date for performing any act or exercising any right, shall be a day other than a Business Day,
then payment of interest or principal and premium, if any, or the performance of such act or
exercise of such right need not be made on such date but may be made on the next succeeding
Business Day with the same force and effect as if it had been made on the date scheduled for
such payment, performance, or exercise.
Section 12.08. Governing Law. The Indenture shall be governed by and construed in
accordance with the laws of the State.
Section 12.09. System of Registration. This Indenture shall constitute a system of
registration within the meaning and for all purposes of the Registered Public Obligations Act,
Chapter 7 of Title 15, Utah Code Annotated 1953, as amended.
Section 12.10. Plan of Financing. This Indenture shall constitute a plan of financing
within the meaning and for all purposes of Section 11-14-14(3), Utah Code Annotated 1953, as
amended.
-70- Master Trust Indenture
Section 12.11. Article and Section Headings. All references herein to
and other subdivisions are to the corresponding articles, sections or subdivisions of
similar import refer to the Indenture as a whole and not to any particular article, section or
subdivision hereof. 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 the Indenture.
Section 12.12. Partial Invalidity. If any one or more of the covenants or agreements, or
portions thereof, provided in the Indenture 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 the Indenture or of the Bonds; but the
Bondholders, 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 12.13. Notices. Except as otherwise provided herein, all notices, requests,
demands and other communications required or permitted under this Indenture shall be deemed
to have been duly given if delivered or mailed, first class, postage prepaid, as follows:
(i) IF TO THE CITY:
Salt Lake City
451 South State Street
Salt Lake City, Utah 84111
Attention: City Treasurer
(ii) IF TO THE TRUSTEE:
Zions First National Bank, as Trustee
10 East South Temple, Twelfth Floor
Salt Lake City, Utah 84111
Attention: Corporate Trust Department
or to such other person or addresses as the respective party hereafter designates in writing to the
City and the Trustee.
Section 12.14. Counterparts. This Indenture may be executed in multiple counterparts,
each of which shall be regarded for all purposes as an original; and such counterparts shall
constitute but one and the same instrument.
Section 12.15. Effective Date. This Indenture shall become effective immediately.
Section 12.16. Compliance with Municipal Bond Act and Refunding Bond Act. It is
hereby declared by the Council that it is the intention of the City by the execution of this
Indenture to comply in all respects with the applicable provisions of the Utah Municipal Bond
Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended, and the Utah Refunding
-71- Master Trust Indenture
Bond Act, Title 11, Chapter 27, Utah Code Annotated 1953, as amended, and other applicable
provisions of law.
Section 12.17. Representation Regarding Ethical Standards for City Officers and
Employees and Former City Officers and Employees. The Trustee represents that it has not:
(a) provided an illegal gift or payoff to a City officer or employee or former City officer or
employee, or his or her relative or business entity; (b) retained any person to solicit or
secure this Indenture upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, other than bona fide employees or bona fide commercial
selling agencies for the purpose of securing business; (c) knowingly breached any of the
Lake City Code; or (d) knowingly influenced, and hereby promises that it will not
knowingly influence, a City officer or employee or former City officer or employee to
Chapter 2.44, Salt Lake City Code.
(Signature page follows.)
-72- Master Trust Indenture
IN WITNESS WHEREOF, the City has caused this Indenture to be executed by the Mayor
and countersigned by the City Recorder, and its official seal to be hereunto affixed and attested
by the City Recorder, and to evidence its acceptance of the trusts hereby created, Zions First
National Bank has caused this Indenture to be executed by its Vice President, all as of the date
hereof.
SALT LAKE CITY, UTAH
COUNTERSIGN:
By /s/ Christine Meeker
Deputy City Recorder
By /s/ Ross C. Anderson
Mayor
[SEAL] APPROVED AS TO FORM:
By /s/ Boyd Ferguson
Senior City Attorney
ZIONS FIRST NATIONAL BANK,
as Trustee
By /s/ Dawn Craig
Vice President
Draft of
6/18/21
SUPPLEMENTAL TRUST INDENTURE
BETWEEN
SALT LAKE CITY, UTAH
AND
ZIONS BANCORPORATION, NATIONAL ASSOCIATION,
AS TRUSTEE
DATED AS OF OCTOBER 1, 2021
$
FEDERALLY TAXABLE SALES AND EXCISE TAX
REVENUE REFUNDING BONDS,
SERIES 2021A
Exh B to Deleg Reso - Supplemental Trust Indenture (refunding) v2.docx
8709966/RDB/mo
- i - Supplemental Indenture
TABLE OF CONTENTS
SECTION PAGE
ARTICLE I DEFINITIONS AND AUTHORITY ....................................................................................... 2
Section 101. Definitions ............................................................................................. 2
Section 102. Authority for Thirteenth Supplemental Indenture ................................ 7
ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 2021A
BONDS .................................................................................................................................... 7
Section 201. Authorization of Series 2021A Bonds, Principal Amount,
Designation and Series .......................................................................... 7
Section 202. Finding and Purpose ............................................................................. 7
Section 203. Issue Date .............................................................................................. 8
Section 204. Series 2021A Bonds .............................................................................. 9
Section 205. Registered Bonds; Denomination and Numbers ................................... 9
Section 206. Paying Agent ......................................................................................... 9
Section 207. Optional Redemption and Redemption Price...................................... 10
Section 208. Execution and Authentication of Series 2021A Bonds ....................... 11
Section 209. Delivery of Series 2021A Bonds ........................................................ 11
Section 210. Book-Entry System ............................................................................. 11
Section 211. Representation Letter .......................................................................... 13
Section 212. Partial Payment of Series 2021A Bonds Held by DTC ...................... 13
Section 213. Payments to Cede ................................................................................ 13
ARTICLE III ESTABLISHMENT OF ACCOUNTS AND APPLICATION OF SERIES
2021A BOND PROCEEDS ............................................................................................... 14
Section 301. Series 2021A Cost of Issuance Fund .................................................. 14
Section 302. Series 2021A Bond Service Subaccounts ........................................... 14
Section 303. Series 2021A Debt Service Reserve Subaccounts .............................. 14
Section 304. Series 2021A Debt Service Reserve Requirements ............................ 14
Section 305. Series 2021A Project Account ............. Error! Bookmark not defined.
Section 306. Application of Proceeds of Series 2021A Bonds ................................ 14
Section 307. Transfer of Moneys in the Prior Bond Service
Subaccounts ........................................................................................ 15
ARTICLE IV REDEMPTION OF REFUNDED BONDS ......................................................................... 15
ARTICLE V COMPLIANCE WITH REBATE AND OTHER REQUIREMENTS OF
THE CODE ........................................................................................................................... 15
Section 501. Authorization and Covenants ............... Error! Bookmark not defined.
Section 502. Creation of Series 2021A Rebate Fund Error! Bookmark not defined.
Section 503. Additional Payments ............................ Error! Bookmark not defined.
Section 504. Investments to be Legal ....................... Error! Bookmark not defined.
- ii - Supplemental Indenture
SECTION PAGE
Section 505. Opinion of Bond Counsel; Amendments ........... Error! Bookmark not
defined.
Section 506. Additional Covenants; Agreements ..... Error! Bookmark not defined.
ARTICLE VI FORM OF SERIES 2021A BONDS ................................................................................. 15
Section 601. Form of Series 2021A Bonds .............................................................. 15
ARTICLE VII MISCELLANEOUS .............................................................................................................. 16
Section 701. System of Registration ........................................................................ 16
Section 702. Authorized Officer .............................................................................. 16
Section 703. Notice to Rating Agencies .................................................................. 16
Section 704. Limitation of Duties of Trustee ........................................................... 16
Section 705. Article and Section Headings .............................................................. 16
Section 706. Amendments to this Thirteenth Supplemental Indenture ................... 16
Section 707. Partial Invalidity .................................................................................. 16
Section 708. Representation Regarding Ethical Standards for City
Officers and Employees and Former City Officers and
Employees ........................................................................................... 17
SIGNATURE PAGE .......................................................................................................................................................... 18
EXHIBIT A FORM OF BOND
THIS SUPPLEMENTAL TRUST INDENTURE (the Supplemental
), dated as of October 1, 2021, between Salt Lake City, Utah, a municipal corporation
and political subdivision of the State of Utah (the ), and Zions Bancorporation, National
Association, a national banking association duly organized and qualified under the laws of the
United States of America, authorized by law to accept and execute trusts and having an office in
Salt Lake City, Utah (the ):
W I T N E S S E T H
WHEREAS, the City has entered into a Master Trust Indenture, dated as of September 1,
2004, as amended and supplemented to the date hereof (the and, together with
the Supplemental Indenture, the ), with the Trustee;
WHEREAS, the City considers it necessary and desirable and for the benefit of the City and
its residents to issue sales tax revenue bonds pursuant to the Indenture and as hereinafter provided
for the purpose of (a) refunding a portion of the currently outstanding (i) Sales Tax Revenue
Bonds, Series 2012A (the ) and (ii) Sales Tax Revenue Bonds, Series 2013B
(the 2013B ); (c) refinancing certain lease obligations of the City by exercising the
that was financed by the issuance of the Local
Building Authority of Salt Lake City, (i) Lease Revenue Bonds, Series 2013A (the
LBA ) and (ii) Lease Revenue Bonds, Series 2014A (the LBA ), (b) funding
any necessary reserves and contingencies in connection with the Series 2021 Bonds (defined
below) and (c) paying all related costs authorized by law pursuant to authority contained in the the
Local Government Bonding Act, Chapter 14 of Title 11, Utah Code Annotated 1953, as amended
and the Utah Refunding Bond Act, Chapter 27 of Title 11, Utah Code Annotated 1953, as
amended;
WHEREAS, the $ Federally Taxable Sales and Excise Tax Revenue Refunding
Bonds, Series 2021A (the 2021A ) will be authorized, issued and secured under the
Indenture on a parity with all other Bonds (as defined in the Indenture) issued and outstanding
from time to time thereunder; and
WHEREAS, the execution and delivery of the Series 2021A Bonds and of this
Supplemental Indenture have in all respects been duly authorized and all things necessary to make
the Series 2021A Bonds, when executed by the City and authenticated by the Trustee, the valid
and binding legal obligations of the City and to make this Supplemental Indenture a
valid and binding agreement have been done;
NOW, THEREFORE, THIS _ SUPPLEMENTAL TRUST INDENTURE WITNESSETH:
The terms and conditions upon which the Series 2021A Bonds are to be executed,
authenticated, delivered, secured and accepted by all persons who from time to time shall be or
become Registered Owners thereof are as follows:
Supplemental Indenture
- 2 - Supplemental Indenture
ARTICLE I
DEFINITIONS AND AUTHORITY
Section 101. Definitions.
(a) Except as provided in Section 101(b), all defined terms contained in the Master
Indenture shall have the same meanings when used in this Supplemental Indenture as
set forth in the Master Indenture.
(b) As used in this Supplemental Indenture, the following terms shall have
the following meanings, unless the context otherwise requires:
means the Local Building Authority of Salt Lake City, Utah.
means, when the Series 2021A Bonds are registered in the Book-Entry
System, any person who acquires a beneficial ownership interest in a Series 2021A Bond held by
the Securities Depository.
means Chapman and Cutler LLP, 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.
-means the system maintained by the Securities Depository and
described in Section 210.
means Cede & Co., the nominee of DTC, and any successor nominee of DTC with
respect to the Series 2021A Bonds pursuant to Section 210 hereof.
means [October 19], 2021.
means The Depository Trust Company, New York, New York, and its successors
and assigns.
means the Master Indenture as amended and supplemented by this
Supplemental Indenture and as from time to time hereafter amended and
supplemented by Supplemental Indentures.
means the date of initial authentication and delivery of the Series 2021A
Bonds, as designated in Section 203 hereof.
means that certain Master Lease Agreement, dated as of June 1, 2013, as
heretofore amended and supplemented, between the Authority and the City.
- 3 - Supplemental Indenture
LBA means the Lease Revenue Bonds, Series 2013A,
originally issued in the aggregate principal amount of $7,180,000.
LBA means the Lease Revenue Bonds, Series 2014A,
originally issued in the aggregate principal amount of $7,095,000.
Escrow means that certain Escrow Account relating to the Refunded LBA
Bonds established pursuant to the LBA Escrow Agreement.
means U.S. Bank National Association, as escrow agent under the
LBA Escrow Agreement.
means that certain Escrow Agreement, dated as of October 1,
2021, between the City, [the Authority] and the LBA Escrow Agent, relating to the escrow of
amounts sufficient to provide for the defeasance and refunding of the Refunded LBA Bonds.
means that certain Indenture of Trust, Assignment of Lease Agreements
and Security Agreement, dated as of June 1, 2013, as heretofore amended and supplemented,
between the Authority and U.S. Bank National Association, as trustee.
LBA means the Glendale neighborhood library.
LBA means the Marmalade neighborhood library
LBA Refunded means that portion of the currently outstanding
2013A LBA Bonds, in the aggregate principal amount of $4,550,000 and maturing on October 15
of each of the years, in the principal amounts and bearing interest at the rates per annum, as follows:
SCHEDULED
MATURITY
(OCTOBER 15)
PRINCIPAL
AMOUNT
INTEREST
RATE
2024 $ 345,000 3.500%
2025 355,000 3.500
2026 370,000 3.500
2027 380,000 3.500
2028 395,000 3.500
2029 410,000 4.000
2030 425,000 4.000
2031 440,000 4.000
2032 460,000 4.000
2033 475,000 4.000
2034 495,000 4.000
TOTAL: $4,550,000
- 4 - Supplemental Indenture
Refunded LBA means that portion of the currently outstanding
Series 2014A Bonds, in the aggregate principal amount of $4,925,000 and maturing on April 15
of each of the years, in the principal amounts and bearing interest at the rates per annum, as follows:
SCHEDULED
MATURITY
(APRIL 15)
PRINCIPAL
AMOUNT
INTEREST
RATE
2024 $ 325,000 5.000%
2025 340,000 5.000
2026 360,000 5.000
2027 375,000 3.250
2028 390,000 3.250
2029 400,000 3.500
2030 415,000 3.500
2031 430,000 3.625
2032 445,000 4.000
2033 465,000 4.000
2034 480,000 4.000
2035 500,000 4.000
TOTAL: $4,925,000
means the Master Trust Indenture, dated as of September 1, 2004, as
amended and supplemented to the date hereof, between the City and the Trustee.
means an opinion of Bond Counsel experienced in matters
relating to the tax exemption of interest on obligations issued by states and their political
subdivisions.
means those broker-dealers, banks and other financial institutions from
time to time for which DTC holds Series 2021A Bonds as securities depository.
means natural persons, firms, partnerships, associations, corporations, trusts,
public bodies and other entities.
means, with respect to the Trustee, the office of the
Trustee at One South Main Street, Suite 1200, Salt Lake City, Utah 84133-1109, Attention:
Corporate Trust Department, or such different or additional offices as may be specified in writing
by the Trustee to the City and the Holders of Series 2021A Bonds.
means the Purchase Contract between the City and the Underwriter,
pursuant to which the Series 2021A Bonds are to be sold by the City to the Underwriter.
means the fifteenth day of the month next preceding any interest payment
date.
- 5 - Supplemental Indenture
means, collectively, the Refunded STR Bonds and the Refunded LBA
Bonds.
means, collectively, the Series 2012A Refunded Bonds and the
Series 2013B Refunded Bonds.
LBA means, collectively, the 2013A LBA Refunded Bonds and 2014A
LBA Refunded Bonds.
means the Blanket Issuer Letter of Representations, dated
October 16, 2019, between the City and DTC relating to a book-entry system for bonds and other
obligations of the City.
means DTC or its nominee, and its successors and assigns.
2012A means the Sales Tax Revenue Bonds, Series 2012A,
originally issued in the aggregate principal amount of $15,855,000.
Series 2012A Bonds, in the aggregate principal amount of $10,165,000 and maturing on October 1
of each of the years, in the principal amounts and bearing interest at the rates per annum, as follows:
SCHEDULED
MATURITY
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
2022 $ 710,000 4.000%
2023 745,000 3.000
2024 785,000 3.000
2025 825,000 3.000
2026 870,000 3.000
2027 915,000 3.000
2028 960,000 3.000
2029 1,010,000 3.000
2030 1,060,000 3.000
2031 1,115,000 3.000
2032 1,170,000 3.125
TOTAL: $10,165,000
2013B means the Sales Tax Revenue Bonds, Series 2013B,
originally issued in the aggregate principal amount of $7,315,000.
Series 2013B Bonds, in the aggregate principal amount of $4,460,000 and maturing on October 1
of each of the years, in the principal amounts and bearing interest at the rates per annum, as follows:
- 6 - Supplemental Indenture
SCHEDULED
MATURITY
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
2024 $ 370,000 4.000%
2025 385,000 4.000
2026 400,000 4.000
2027 420,000 4.000
2028 435,000 4.000
2029 450,000 4.000
2030 470,000 4.000
2031 490,000 4.000
2032 510,000 4.000
2033 530,000 4.000
TOTAL: $4,4600,000
means the Series 2021A Cost of Issuance Fund
established in section 301 hereof.
Refunding Bonds, Series 2021A, authorized by this Supplemental Indenture.
means the Series Subaccount for the Series
2021A Bonds in the Bond Service Account established pursuant to Section 302 hereof.
means the amount, if any, required to
be deposited in the Series 2021A Debt Service Reserve Subaccount pursuant to Section 304 hereof.
means the Series Subaccount for the
Series 2021A Bonds in the Debt Service Reserve Account established in Section 303 hereof.
2021A Term means the Series 2021A Bonds maturing on October 1, 20 .
means the State of Utah.
means that certain Escrow Account relating to the Refunded STR
Bonds established pursuant to the Escrow Agreement.
Escrow means Zions Bancorporation, National Association, as escrow agent
under the STR Escrow Agreement.
means that certain Escrow Agreement, dated as of October 1,
2021, between the City and the STR Escrow Agent, relating to the escrow of amounts sufficient
to provide for the defeasance and refunding of the Refunded STR Bonds.
- 7 - Supplemental Indenture
means Zions Bancorporation, National Association, in Salt Lake City, Utah, and
its successors and permitted assigns under the Indenture.
Supplemental means this Supplemental Trust
Indenture, dated as of October 1, 2021, between the City and the Trustee.
means .
The terms and any similar terms
as used in this _ Supplemental Indenture, refer to this _ Supplemental
Indenture.
(c) Except as otherwise specified, each reference herein (i) to a time of day is to the time
on such day in New York, New York, and (ii) to a Section is to the referenced Section hereof.
Section 102. Authority for Supplemental Indenture. This
Supplemental Indenture is adopted pursuant to the provisions of the Act and the Indenture.
ARTICLE II
AUTHORIZATION, TERMS AND ISSUANCE OF SERIES 2021A BONDS
Section 201. Authorization of Series 2021A Bonds, Principal Amount, Designation and
Series. In order to provide funds for the refunding and defeasance in advance of their maturity of
the Refunded Bonds and in accordance with and subject to the terms, conditions and limitations
established in the Indenture, including this Supplemental Indenture, a Series of Sales
and Excise Tax Revenue Refunding Bonds, designated Tax
is hereby authorized to be issued in the aggregate
Principal amount of $ .
Section 202. Finding and Purpose.
(a) The City hereby finds, determines and declares that:
(i) The requirements of Sections 2.02, 2.03 and 2.04 of the Indenture will have
been complied with upon the delivery of the Series 2021A Bonds.
(ii) In order to achieve debt service savings with respect to the Refunded LBA
Bonds, it is necessary and desirable and for the benefit of the City and the residents of the
City for the City to exercise its option to purchase the 2013A LBA Project and the 2014A
LBA Project from the Authority pursuant to the Lease and to thereby redeem the Refunded
LBA Bonds as contemplated by this Supplemental Indenture, and as permitted
by the Act and the LBA Indenture.
(iii) In order to achieve debt service savings with respect to the Refunded STR
Bonds and to better match Revenues with Principal and interest payments on the
- 8 - Supplemental Indenture
outstanding Bonds, it is necessary and desirable and for the benefit of the City and the
residents of the City to refund the Refunded Bonds as contemplated by this
Supplemental Indenture, and as permitted by the Act and the Indenture.
(iv) Revenue Refunding
Bonds, Series 2005A, originally issued in the aggregate Principal amount of $47,355,000
(which have been fully paid and are no longer outstanding), (ii) Sales Tax Revenue Bonds,
Series 2007A, originally issued in the aggregate Principal amount of $8,590,000 (which
have been fully paid and are no longer outstanding), (iii) Sales Tax Revenue Bonds, Series
2009A, originally issued in the aggregate Principal amount of $36,240,000 (which have
been fully paid and are no longer outstanding), (iv) Series 2012A Bonds, (v) Series 2013A
Bonds, (vi) Sales and Excise Tax Revenue Bonds, Series 2013B, originally issued in the
aggregate Principal amount of $7,315,000, (vii) Federally Taxable Sales and Excise Tax
Revenue Refunding Bonds, Series 2014A, originally issued in the aggregate Principal
amount of $26,840,000 (which have been fully paid and are no longer outstanding), (viii)
Sales and Excise Tax Revenue Bonds, Series 2014B, originally issued in the aggregate
Principal amount of $10,935,000, (ix) Sales and Excise Tax Revenue Refunding Bonds,
Series 2016A, originally issued in the aggregate Principal amount of $21,715,000, (x) Sales
and Excise Tax Revenue Refunding Bonds, Series 2019A, originally issued in the
aggregate Principal amount of $2,620,000 and (xi) Federally Taxable Sales and Excise Tax
Revenue Refunding Bonds, Series 2019B, originally issued in the aggregate Principal
amount of $58,540,000, after the issuance of the Series 2021A Bonds, as provided herein,
(A) the City will have no other bonds, notes or other obligations issued or authorized to be
issued or outstanding pursuant to the Indenture, and (B) there will be no other outstanding
bonds, notes or other obligations payable from and secured by a parity pledge of Revenues.
(b) The Series 2021A Bonds are hereby authorized to be issued pursuant to Sections 2.02,
2.03 and 2.04 of the Indenture for the purposes of (i) providing for the purchase of the 2013A LBA
Project and the 2014A LBA Project from the Authority under the Lease and thereby redeeming of
the Refunded LBA Bonds by causing the purchase amount to be deposited in the LBA Escrow
Account and (ii) refunding the Refunded STR Bonds pursuant to the Indenture by depositing into
the STR Escrow Account an amount sufficient to provide for the payment of the interest on and
the Principal or Redemption Price of the Refunded STR Bonds.
Section 203. Issue Date. The Series 2021A Bonds shall be dated as of the date of delivery
thereof.
- 9 - Supplemental Indenture
Section 204. Series 2021A Bonds. The Series 2021 Bonds shall mature on the dates and in
the principal amounts and shall bear interest from the date of delivery thereof, payable semi-
annually thereafter on April 1 and October 1 in each year, beginning April 1, 2022, at the rates
shown below:
MATURITY
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
2021 $ %
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
(c) Each Series 2021A 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 2021A Bonds shall be in default, in
which event it shall bear interest from the date to which interest has been paid in full.
Section 205. Registered Bonds; Denomination and Numbers. The Series 2021A Bonds
shall be issued solely as fully-registered Bonds, without coupons, in the denomination of $5,000
or any whole multiple thereof; provided that no individual Series 2021A Bond shall represent more
than one maturity of Series 2021A Bonds. Each of the Series 2021A Bonds shall be numbered
from one (1) consecutively upwards with the prefix preceding each number.
Section 206. Paying Agent. Zions Bancorporation, National Association, as Trustee, is
hereby appointed the Paying Agent for the Series 2021A Bonds, pursuant and subject to
Section 7.02 of the Indenture. Principal of and Redemption Price on the Series 2021A Bonds when
due shall be payable at the principal corporate trust operations office of the Trustee, or of its
successor as Paying Agent. Payment of interest on the Series 2021A Bonds shall be made to the
registered owner thereof and shall be paid by check or draft mailed on the payment date to the
person who is the registered owner of record as of the close of business on the Record Date at his
or her 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. In the
written acceptance of each Paying Agent referred to in Section 7.02 of the Indenture, such Paying
- 10 - Supplemental Indenture
Agent shall agree to take all action necessary for all representations of the City in the Letter of
Representations with respect to the Paying Agent to at all times be complied with.
Section 207. Optional Redemption and Redemption Price. (a) The Series 2021A Bonds
maturing on or after October 1, 203_, are subject to redemption, in whole or in part, at the election
of the City, on any date on or after 1, 203_ (if in part, such Series 2021A Bonds to be
redeemed shall be selected from such maturities as shall be determined by the City in its discretion
and within each maturity as selected by the Trustee), upon notice as provided in Section 4.03 of
the Indenture, and at a Redemption Price equal to the principal amount thereof plus accrued interest
to the redemption date.
(b) The Series 2021A Term Bonds are subject to redemption in part by operation of
Sinking Fund Installments as provided in the Indenture, upon notice as provided in Section 4.03
of the Indenture, at a redemption price equal to the Principal amount of the Series 2021A Term
Bonds or portion thereof to be redeemed, together with accrued interest to the date of redemption.
The amounts and due dates of the Sinking Fund Installments for the Series 2021A Term Bonds are
set forth in the following table:
OCTOBER 1
OF THE YEAR
MANDATORY
REDEMPTION AMOUNT
$
*
* Stated Maturity
In determining the amount of any Sinking Fund Installment due on any date specified above, there
shall be deducted the principal amount of any Series 2021A Term Bonds which have been
redeemed or purchased on a date not less than 30 days preceding the date on which such Sinking
Fund Installment is due from moneys accumulated in the Bond Service Account with respect to
such Sinking Fund Installment. Upon any purchase or redemption of the Series 2021A Term
Bonds, there will be credited toward the Sinking Fund Installments thereafter to become due such
amount as may be designated by the City in a Written Request delivered to the Trustee.
(c) With respect to any notice of optional redemption of Series 2021A Bonds, unless
upon the giving of such notice such Series 2021A Bonds shall be deemed to have been paid within
the meaning of Article XI of the Indenture, such notice may state that such redemption shall be
conditioned upon the receipt by the Trustee on or prior to the date fixed for such redemption of
money sufficient to pay the Redemption Price of and interest on the Series 2021A Bonds to be
redeemed, and that if such money shall not have been so received said notice shall be of no force
and effect, and the City shall not be required to redeem such Series 2021A Bonds. In the event
that such notice of redemption contains such a condition and such money is not so received, the
redemption shall not be made and the Trustee shall within a reasonable time thereafter give notice,
- 11 - Supplemental Indenture
in the manner in which the notice of redemption was given, that such money was not so received
and that such redemption was not made.
(d) In addition to the notice described in Section 4.03 of the Indenture, further notice of
any redemption of the Series 2021A 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 Indenture.
(i) Each further notice of redemption given hereunder shall contain (A) the
CUSIP numbers of all Series 2021A Bonds being redeemed; (B) the date of issue of the
Series 2021A Bonds as originally issued; (C) the rate of interest borne by each Series
2021A Bond being redeemed; (D) the maturity date of each Series 2021A Bond being
redeemed; and (E) any other descriptive information needed to identify accurately the
Series 2021A Bonds being redeemed.
(ii) Each further notice of redemption shall be posted on the Electronic
Municipal Market Access System (or any successor thereto) and sent at least 35 days before
the redemption date by registered or certified mail or overnight delivery service to DTC
and to all other registered Securities Depositories then in the business of holding substantial
amounts of obligations of types comprising the Series 2021A Bonds designated to the
Trustee by the City, to the Rating Agencies and to any other nationally recognized
information services as designated by the City to the Trustee.
(iii) Each check or other transfer of funds issued for the payment of the
redemption price of the Series 2021A Bonds being redeemed shall bear the CUSIP number
identifying, by issue and maturity, the Series 2021A Bonds being redeemed with the
proceeds of such check or other transfer.
Section 208. Execution and Authentication of Series 2021A Bonds. Each of the Series
2021A Bonds shall be executed on behalf of the City by the Mayor by manual or facsimile
signature, and attested and countersigned by the City Recorder or, if the City Recorder shall be
unavailable or unable to attest and countersign the Series 2021A Bonds, any Deputy City Recorder
by manual or facsimile signature, and the seal shall be affixed to, or a facsimile thereof shall
be imprinted upon, the Series 2021A Bonds. The Series 2021A Bonds shall then be delivered to
the Trustee (or any Transfer Agent appointed pursuant to Section 7.10 of the Indenture) and
manually authenticated by it.
Section 209. Delivery of Series 2021A Bonds. The Series 2021A Bonds shall be delivered
to the Underwriter, upon compliance with the provisions of Section 3.02 of the Indenture, at such
time and place as provided in, and subject to, the provisions of the Purchase Contract.
Section 210. Book-Entry System. The Series 2021A Bonds shall be initially issued in the
name of Cede, as nominee for DTC as the initial Securities Depository and registered owner of the
Series 2021A Bonds, and held in the custody of the Securities Depository. A single certificate will
be issued and delivered to the Securities Depository for each maturity of the Series 2021A Bonds,
- 12 - Supplemental Indenture
and the Beneficial Owners will not receive physical delivery of Series 2021A Bond certificates
except as provided herein. For so long as the Securities Depository shall continue to serve as
securities depository for the Series 2021A Bonds as provided herein, all transfers of beneficial
ownership interests will be made by book-entry only, and no investor or other party purchasing,
selling or otherwise transferring beneficial ownership of Series 2021A Bonds is to receive, hold
or deliver any Series 2021A Bond certificate.
At the direction of the City, with notice to the Trustee, but without the consent of the Series
2021A Bondholders and the Trustee, the City may appoint a successor Securities Depository and
enter into an agreement with the successor Securities Depository to establish procedures with
respect to a Book-Entry System for the Series 2021A Bonds not inconsistent with the provisions
of the Indenture.
under Section 17A of the Securities Exchange Act of 1934, as amended.
The City and the Trustee may rely conclusively upon (a) a certificate of the Securities
Depository as to the identity of the Participants in the Book-Entry System with respect to the Series
2021A Bonds and (b) a certificate of any such Participant as to the identity of and the respective
Principal amount of the Series 2021A Bonds beneficially owned by the Beneficial Owners.
Whenever, during the term of the Series 2021A Bonds, the beneficial ownership thereof is
determined by a book-entry at the Securities Depository, the requirements in the Indenture of
holding, delivering or transferring such Series 2021A Bonds shall be deemed modified to require
the appropriate person to meet the requirements of the Securities Depository as to registering or
transferring the book-entry to produce the same effect. Any provision hereof permitting or
requiring delivery of the Series 2021A Bonds shall, while such Series 2021A Bonds are in the
Book-Entry System, be satisfied by the notation on the books of the Securities Depository in
accordance with applicable state law.
Except as otherwise specifically provided in the Indenture and the Series 2021A Bonds
with respect to the rights of Participants and Beneficial Owners, when a Book-Entry System is in
effect, the City and the Trustee may treat the Securities Depository (or its nominee) as the sole and
exclusive owner of the Series 2021A Bonds registered in its name for the purposes of payment of
the Principal or purchase price of and interest on such Series 2021A Bonds or portion thereof to
be redeemed or purchased, of giving any notice permitted or required to be given to the Series
2021A Bondholders under the Indenture and of voting, and none of the City and the Trustee shall
be affected by any notice to the contrary. None of the City or the Trustee will have any
responsibility or obligations to the Securities Depository, any Participant, any Beneficial Owner
or any other person which is not shown on the bond register, with respect to (i) the accuracy of
any records maintained by the Securities Depository or any Participant; (ii) the payment by the
Securities Depository or by any Participant of any amount due to any Beneficial Owner in respect
of the Principal amount or redemption or purchase price of, or interest on, any Series 2021A Bonds;
(iii) the delivery of any notice by the Securities Depository or any Participant; (iv) the selection of
the Beneficial Owners to receive payment in the event of any partial redemption of any of the
Series 2021A Bonds; or (v) any other action taken by the Securities Depository or any Participant.
The Trustee shall pay all Principal or purchase price of and interest on the Series 2021A Bonds
registered in the name of Cede only to or the order the Securities Depository (as that
- 13 - Supplemental Indenture
term is used in the Uniform Commercial Code as adopted in Utah and New York), and all such
respect to the Principal or purchase price of and interest on such Series 2021A Bonds to the extent
of the sum or sums so paid.
The Book-Entry System may be discontinued for the Series 2021A Bonds by the Trustee
and the City, at the direction and expense of the City, and the City and the Trustee will cause the
delivery of Series 2021A Bond certificates to such Beneficial Owners of the Series 2021A Bonds
and registered in the names of such Beneficial Owners as shall be specified to the Trustee by the
Securities Depository in writing, under the following circumstances:
(A) The Securities Depository determines to discontinue providing its service
with respect to the Series 2021A Bonds and no successor Securities Depository is
appointed as described above. Such a determination may be made at any time by giving
30 notice to the City and the Trustee and discharging its responsibilities with respect
thereto under applicable law.
(B) The City determines not to continue the Book-Entry System through a
Securities Depository for the Series 2021A Bonds.
When the Book-Entry System is not in effect, all references herein to the Securities
Depository shall be of no further force or effect.
Section 211. Representation Letter. The execution and delivery of the
Representation Letter shall not in any way limit the provisions of Section 210 hereof or in any
other way impose upon the City any obligation whatsoever with respect to persons having interests
in the Series 2021A Bonds other than the Holders thereof.
Section 212. Partial Payment of Series 2021A Bonds Held by DTC. In the event of a
redemption or any other similar transaction necessitating a reduction in aggregate Principal amount
of any of the Series 2021A Bonds outstanding, DTC in its discretion: (a) may request the Trustee
to issue and authenticate a new Series 2021A Bond certificate, or (b) shall make an appropriate
notation on the Series 2021A Bond certificate indicating the date and amounts of such reduction
in Principal, except in the case of final maturity in which case the certificate must be presented to
the Trustee prior to payment.
Section 213. Payments to Cede. Notwithstanding any other provision of this
Supplemental Indenture to the contrary, so long as any Series 2021A Bond is registered in the
name of Cede, as nominee of DTC, all payments with respect to Principal of and interest on such
Series 2021A Bond and all notices with respect to such Series 2021A Bond shall be made and
given, respectively, in the manner provided in the Representation Letter.
- 14 - Supplemental Indenture
ARTICLE III
ESTABLISHMENT OF ACCOUNTS AND APPLICATION OF
SERIES 2021A BOND PROCEEDS
Section 301. Series 2021A Cost of Issuance Fund. There is hereby established a separate
fund to be held by the Trustee designated as the Moneys
in the Series 2021A Cost of Issuance Fund shall, to the extent available, be used for the payment
of costs of issuance of the Series 2021A Bonds. Any moneys remaining in the Series 2021A Cost
of Issuance Fund on the earlier of (a) January 1, 2022, or (b) the date of the full and final payment
of all costs of issuance of the Series 2021A Bonds, shall be transferred promptly by the Trustee
and deposited into the Series 2021A Bond Service Subaccount and applied to the payment of
interest on the Series 2021A Bonds due on the next following Interest Payment Date.
Section 302. Series 2021A Bond Service Subaccounts. Pursuant to Section 5.07(a) of the
Indenture, there is hereby established a subaccount in the Bond Service Account in the Principal
and Interest Fund designated as the Moneys shall be
deposited into and paid from the Series 2021A Bond Service Subaccount in accordance with
Section 5.07 of the Indenture to pay the Principal of and interest on the Series 2021A Bonds.
Section 303. Series 2021A Debt Service Reserve Subaccounts. In satisfaction of the
requirement of Section 5.08(a) of the Indenture, there is hereby established a separate Series
Subaccount in the Debt Service Reserve Account in the Principal and Interest Fund designated as
the 2021A Debt Service Reserve
Section 304. Series 2021A Debt Service Reserve Requirements. The Series 2021A Debt
Service Reserve Requirement will be $-0-.
Section 305. Application of Proceeds of Series 2021A Bonds. From the proceeds of the
Series 2021A Bonds there shall be paid to or on behalf of the Trustee for deposit as follows:
(i) $-0- into the Series 2021A Bond Service Subaccount;
(ii) $-0- into the Series 2021A Debt Service Reserve Subaccount;
(iii) $ into the LBA Escrow Account held by the LBA Escrow
Agent to provide for the purchasing of the 2013A LBA Project and the 2014A LBA Project
and the redemption of the Refunded LBA Bonds;
(iv) $ into the STR Escrow Account held by the STR Escrow Agent
to provide for the refunding of the Refunded STR Bonds; and
(v) the balance of the proceeds of the sale of the Series 2021A Bonds shall be
deposited into the Series 2021A Cost of Issuance Fund.
- 15 - Supplemental Indenture
Section 306. Transfer of Moneys in the Prior Bond Service Subaccounts. Any moneys
remaining in the Series 2012A Bond Service Subaccount (consisting of moneys set aside to pay
debt service on the Series 2012A Bonds) following the redemption of the Series 2012A Bonds
shall be transferred to the Series 2021A Bond Service Subaccount and used to pay debt service on
the Series 2021A Bonds. Any moneys remaining in the Series 2013B Bond Service Subaccount
(consisting of moneys set aside to pay debt service on the Series 2013B Bonds) following the
redemption of the Series 2013B Bonds shall be transferred to the Series 2021A Bond Service
Subaccount and used to pay debt service on the Series 2021A Bonds.
ARTICLE IV
REDEMPTION OF REFUNDED BONDS
The Refunded STR Bonds are hereby irrevocably called for redemption on April 1, 2022,
for the Series 2012A Refunded Bonds and October 1, 2023, for the Series 2013B Refunded Bonds,
at the Redemption Price of one hundred percent (100%) of the Principal amount of each such
Refunded Bond so called for redemption plus accrued interest thereon to the date fixed for
redemption. Notice of such redemption shall be given as provided in the Indenture and in
accordance with the provisions of the STR Escrow Agreement.
[The Refunded LBA Bonds are hereby irrevocably called for redemption on October 15,
2023 at the Redemption Price of one hundred percent (100%) of the Principal amount of each such
Refunded LBA Bond so called for redemption plus accrued interest thereon to the date fixed for
redemption. Notice of such redemption shall be given as provided in the Lease and the LBA
Indenture and in accordance with the provisions of the LBA Escrow Agreement.]
ARTICLE V
{RESERVED}
ARTICLE VI
FORM OF SERIES 2021A BONDS
Section 601. Form of Series 2021A Bonds. Subject to the provisions of the Indenture, each
Series 2021A Bond shall be in substantially the form attached hereto as Exhibit A, 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 Indenture.
- 16 - Supplemental Indenture
ARTICLE VII
MISCELLANEOUS
Section 701. System of Registration. The Indenture shall constitute a system of registration
within the meaning and for all purposes of the Registered Public Obligations Act, Chapter 7 of
Title 15, Utah Code Annotated 1953, as amended.
Section 702. Authorized Officer. The Mayor, the Chief of Staff, the City Recorder, any
Deputy City Recorder, the City Treasurer, the Deputy Treasurer of the City, or other officers of
the City are each hereby designated as an as that term is defined in Section
1.01 of the Indenture.
Section 703. Notice to Rating Agencies. The Trustee will promptly notify in writing each
Rating Agency then rating the Series 2021A Bonds of the following events:
(a) the redemption, purchase, payment, acceleration of maturity or defeasance
of Outstanding Series 2021A Bonds;
(b) amendments to the Indenture (including this Supplemental
Indenture) of which the Trustee has notice; and
(c) a change in the Trustee.
Notices shall be mailed by first-class mail, postage prepaid, to such address as the Trustee
has been advised in writing by the City or such Rating Agency is appropriate for sending such
notices.
Section 704. Limitation on Duties of Trustee. The Trustee shall not be required to expend,
advance, or risk its own funds or incur any financial liability in the performance of its duties or in
the exercise of any of its rights or powers if it shall have reasonable grounds for believing that
repayment of such funds or satisfactory indemnity against such risk or liability is not assured to it.
Section 705. 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
Supplemental Indenture.
Section 706. Amendments to this Supplemental Indenture. This
Supplemental Indenture may be amended without the consent of the Holders of the Series 2021A
Bonds to make any change necessary to evidence or give effect to, or to facilitate, provide for or
authorize the delivery and administration under this _ Supplemental Indenture of any
Security Instrument.
Section 707. Partial Invalidity. If any one or more of the covenants or agreements, or
portions thereof, provided in this Supplemental Indenture to be performed shall be
- 17 - Supplemental Indenture
contrary to law (other than Section 12.01 of the Indenture and any other provisions of the Indenture
and the Series 2021A Bonds limiting the liability of the City to make payments on such Series
2021A Bonds solely from Revenues and other amounts pledged therefore by the Indenture), 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 Supplemental Indenture or of
the Series 2021A Bonds; but the Holders of the Series 2021A Bonds shall retain all the rights and
benefits accorded to them under the Act or any other applicable provisions of law.
Section 708. Representation Regarding Ethical Standards for City Officers and
Employees and Former City Officers and Employees. The Trustee represents that it has not:
(a) provided an illegal gift or payoff to a City officer or employee or former City officer or
employee, or his or her relative or business entity; (b) retained any person to solicit or secure
this contract upon an agreement or understanding for a commission, percentage, or
brokerage or contingent fee, other than bona fide employees or bona fide commercial selling
agencies for the purpose of securing business; (c) knowingly breached any of the ethical
Code; or (d) knowingly influenced, and hereby promises that it will not knowingly influence,
a City officer or employee or former City officer or employee to breach any of the ethical
Code.
(Signature page follows.)
- 18 - Supplemental Indenture
IN WITNESS WHEREOF, the City has caused this Supplemental Indenture to be
executed by the Mayor and attested and countersigned by the City Recorder, and its official seal
to be hereunto affixed and attested by the City Recorder, and to evidence its acceptance of the
trusts hereby created, Zions Bancorporation, National Association has caused this
Supplemental Indenture to be executed by its Trust Officer, all as of the date hereof.
SALT LAKE CITY, UTAH
By
Mayor
ATTEST AND COUNTERSIGN:
By
City Recorder
[SEAL]
APPROVED AS TO FORM:
By
Senior City Attorney
ZIONS BANCORPORATION, NATIONAL
ASSOCIATION, as Trustee
By
Trust Officer
A-1 Supplemental Indenture
EXHIBIT A
[FORM OF BOND]
Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New
certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY
OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
No. R- $
UNITED STATES OF AMERICA
STATE OF UTAH
COUNTY OF SALT LAKE
SALT LAKE CITY
FEDERALLY TAXABLE SALES AND EXCISE TAX REVENUE REFUNDING BOND
SERIES 2021A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% October 1, [October 19], 2021
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
KNOW ALL MEN BY THESE PRESENTS that Salt Lake City, Utah (the ), a duly
organized and existing municipal corporation and political subdivision of the State of Utah, located
in Salt Lake County, Utah, acknowledges itself indebted and for value received hereby promises
to pay, in the manner and from the source hereinafter provided, to the registered owner identified
above, or registered assigns, on the maturity date identified above, unless this Bond shall have
been called for redemption and payment of the redemption price shall have been duly made or
provided for, upon presentation and surrender hereof, the principal amount identified above, and
to pay, in the manner and from the source hereinafter provided, to 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
A-2 Supplemental Indenture
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 2021A 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 April 1 and October 1, beginning April 1, 2022, 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 operations office of
Zions Bancorporation, National Association, of Salt Lake City, Utah, as 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 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
) at his or her address as it appears on the registration books of the Trustee (as
defined below) or at such other address as is furnished in writing by such registered owner to the
Trustee prior to the Record 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
UNDER THE TERMS OF THE INDENTURE (AS DEFINED BELOW). THIS BOND IS NOT A DEBT OF THE
CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS OF
INDEBTEDNESS OR PROVISIONS THEREFOR. PURSUANT TO THE INDENTURE, SUFFICIENT REVENUES
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 Local Government Bonding Act, Chapter 14 of Title 11, Utah Code Annotated 1953, as
amended, the Utah Refunding Bond Act, Chapter 27 of Title 11, Utah Code Annotated 1953, as
amended, and all other laws applicable thereto (collectively, the ).
This Bond is a special obligation of the City and is one of the Sales and Excise Tax Revenue
Bonds of the City (the ) issued under and by virtue of the Act and under and pursuant to
a Master Trust Indenture, dated as of September 1, 2004, as heretofore amended and supplemented
(the ), between the City and Zions Bancorporation, National Association, as
trustee (said trustee and any successor thereto under the Master Indenture being herein referred to
as the ), and as further amended and supplemented by a Supplemental Trust
Indenture, dated as of October 1, 2021 (the ), between the
City and the Trustee (such Master Indenture, as amended and supplemented by the
Supplemental Indenture and as hereafter amended and supplemented, being herein referred to as
the ), for the purpose of refinancing certain outstanding Bonds of the City and paying
all expenses incident thereto and to the issuance of the Series 2021A Bonds described below.
A-3 Supplemental Indenture
As provided in the Indenture, 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 Indenture, and the aggregate principal amount of Bonds
which may be issued is not limited. All Bonds issued and to be issued under the Indenture 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 Indenture.
This Bond is one of a Series of Bonds designated as Sales and Excise
Tax Revenue Refunding Bonds, Series (the 2021A ), 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 Indenture. Copies of the
Indenture are on file at the office of the City Recorder in Salt Lake City, Utah, and at the principal
corporate trust office of the Trustee, in Salt Lake City, Utah, and reference to the Indenture and
the Act is made for a description of the pledge and covenants securing the Series 2021A Bonds,
the nature, manner and extent of enforcement of such pledge and covenants, the terms and
conditions upon which the Series 2021A 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 Indenture may be discharged at
or prior to the maturity or redemption of the Series 2021A Bonds upon the making of provision
for the payment thereof on the terms and conditions set forth in the Indenture.
To the extent and in the respects permitted by the Indenture, the Indenture may be modified,
supplemented or amended by action on behalf of the City taken in the manner and subject to the
conditions and exceptions prescribed in the Indenture. The holder or owner of this Bond shall
have no right to enforce the provisions of the Indenture 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
Indenture or to institute, appear in, or defend any suit or other proceeding with respect thereto,
except as provided in the Indenture.
This Bond is transferable, as provided in the Indenture, 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 or her 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 Indenture
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 2021A Bonds are issuable solely in the form of fully registered Bonds, without
coupons, in the denomination of $5,000 or any whole multiple of $5,000.
[The Series 2021A Bonds maturing on or after October 1, 203_, are subject to redemption,
in whole or in part, at the election of the City on any date on or after 1, 203_ (if in
A-4 Supplemental Indenture
part, such Series 2021A Bonds to be redeemed shall be selected from such maturities as shall be
determined by the City in its discretion and within each maturity as selected by the Trustee), upon
notice given as hereinafter set forth, at a redemption price equal to the principal amount thereof
plus accrued interest to the redemption date.
The Series 2021A Bonds maturing on October 1, 20 (the ),
are subject to redemption in part by operation of Sinking Fund Installments as provided in the
Indenture, upon notice as provided in the Indenture, at a redemption price equal to the Principal
amount of the Series 2021A Term Bonds or portion thereof to be redeemed, together with accrued
interest to the date of redemption. The amounts and due dates of the Sinking Fund Installments
for the Series 2021A Term Bonds are set forth in the following table:
OCTOBER 1
OF THE YEAR
MANDATORY
REDEMPTION AMOUNT
$
*
* Stated Maturity
In determining the amount of any Sinking Fund Installment due on any date specified above, there
shall be deducted the principal amount of any Series 2021A Term Bonds which have been
redeemed or purchased on a date not less than 30 days preceding the date on which such Sinking
Fund Installment is due from moneys accumulated in the Bond Service Account with respect to
such Sinking Fund Installment. Upon any purchase or redemption of the Series 2021A Term
Bonds, there will be credited toward the Sinking Fund Installments thereafter to become due such
amount as may be designated by the City in a Written Request delivered to the Trustee.
With respect to any notice of optional redemption of Series 2021A Bonds, unless upon the
giving of such notice such Series 2021A Bonds shall be deemed to have been paid within the
meaning of Article XI of the Indenture, such notice may state that such redemption shall be
conditioned upon the receipt by the Trustee on or prior to the date fixed for such redemption of
money sufficient to pay the Redemption Price of and interest on the Series 2021A Bonds to be
redeemed, and that if such money shall not have been so received said notice shall be of no force
and effect, and the City shall not be required to redeem such Series 2021A Bonds. In the event
that such notice of redemption contains such a condition and such money is not so received, the
redemption shall not be made and the Trustee shall within a reasonable time thereafter give notice,
in the manner in which the notice of redemption was given, that such money was not so received
and that such redemption was not made.
If less than all of the Series 2021A Bonds are to be redeemed, the particular Series 2021A
Bonds to be redeemed shall be selected as provided in the Indenture.
A-5 Supplemental Indenture
Notice of redemption shall be given by first-class mail, not less than thirty nor more than
sixty days prior to the redemption date, to the registered owner of each Series 2021A Bond being
redeemed, at his or her 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 Series 2021A 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 Series 2021A 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 Series 2021A Bonds shall cease to accrue and become
payable.
Less than all of a Series 2021A Bond in a denomination in excess of $5,000 may be so
redeemed, and in such case, upon the surrender of such Series 2021A Bond, there shall be issued
to the registered owner thereof, without charge therefor, for the unredeemed balance of the
principal amount of such Series 2021A Bond, at the option of such owner, registered Series 2021A
Bonds of any of the authorized denominations, all as more fully set forth in the Indenture.]
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
Indenture.
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 Indenture 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.
(Signature page follows.)
A-6 Supplemental Indenture
IN WITNESS WHEREOF, SALT LAKE CITY, UTAH, has caused this Bond to be signed in its
name and on its behalf by the signature of its Mayor, and its corporate seal to be impressed or
imprinted hereon, and attested and countersigned by the signature of its City Recorder, all as of
the dated date specified above.
SALT LAKE CITY, UTAH
By
Mayor
[SEAL]
ATTEST AND COUNTERSIGN:
By
City Recorder
A-7 Supplemental Indenture
[FORM OF TRUSTEE S CERTIFICATE OF AUTHENTICATION]
This Bond is one of the Bonds described in the within mentioned Indenture and is one of
the Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series 2021A, of Salt
Lake City, Utah.
Date of registration and authentication: .
ZIONS BANCORPORATION, NATIONAL
ASSOCIATION, as Trustee
By
Authorized Officer
A-8 Supplemental Indenture
[FORM OF ASSIGNMENT]
The following abbreviations, when used in the inscription on the face of 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 common UNIF TRAN MIN ACT
TEN ENT as tenants by the entirety Custodian
JT TEN as joint tenants with right
of survivorship and not as
(Cust) (Minor)
under Uniform Transfers to Minors Act of
tenants in common
(State)
Additional abbreviations may also be used though not in the above list.
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
Insert Social Security or Other
Identifying Number of Assignee
(Please Print or Typewrite Name and Address of Assignee)
the within Bond of SALT LAKE CITY, UTAH, and hereby irrevocably constitutes and appoints
attorney to register the
transfer of the Bond on the books kept for registration thereof, with full power of substitution in
the premises.
DATED:
SIGNATURE GUARANTEED:
SIGNATURE:
NOTICE:
requirements of the Bond Registrar, which requirements include membership or participation in
STAMP or such other guarantee as may be determined by the Bond Registrar
in addition to, or in substitution for, STAMP, all in accordance with the Securities and Exchange
Act of 1934, as amended.
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.
Draft of
6/18/21
CERTIFICATE OF DETERMINATION
PURSUANT TO
RESOLUTION NO. OF 2021
PROVIDING FOR THE ISSUANCE OF
SALES AND EXCISE TAX REVENUE BONDS
DATED: , 2021
1. Authority; Definitions. Pursuant to Resolution No. of 2021, adopted by the City
Council (the ) of Salt Lake City, Utah (the ) on August 17, 2021 (the
), the City Council has
and Excise Tax Revenue Refunding Bonds, Series 2021 (the ) under and
pursuant to that certain Master Trust Indenture, dated as of September 1, 2004, as heretofore
amended and supplemented, and as further amended and supplemented by that certain
Supplemental Trust Indenture, dated as of October 1, 2021 (collectively, the ), each
between the City and the Zions Bancorporation, National Association, as trustee (the ).
This certificate is executed pursuant to and in accordance with the delegation of authority
contained in the Resolution, as authorized by law. All terms used herein and not otherwise defined
herein shall have the meanings specified in the Resolution or the Indenture.
2. Acceptance of Offer. The offer of (the ) for
the purchase of the Series 2021 Bonds, which is set out in full in the Bond Purchase Contract,
dated the date hereof (the ), between the City and Underwriter, is hereby
accepted, it being hereby found, determined and declared that such offer is in the best interests of
the City. The Series 2021 Bonds shall be issued by the City for the purposes set forth in the
Indenture. The sale of the Series 2021 Bonds to the Underwriter at the price of $
(representing the par amount of the Series 2021 Bonds, plus $ original issue premium
and less $ The Series 2021 Bonds shall be
delivered to the Underwriter and the proceeds of sale thereof applied as provided in the
Indenture, the Purchase Contract and paragraph 4 hereof.
3. Aggregate Principal Amount and Maturities of Series 2021 Bonds. The Series 2021
Bonds shall be issued in the aggregate principal amount of $ . The Series 2021 Bonds
shall mature on October 1 of the years, and shall bear interest (on a taxable basis) payable
semiannually on April 1 and October 1, commencing 1, 202_, at the rates per annum
as follows:
OCTOBER 1
2021
2022
2023
2024
AMOUNT
MATURING
INTEREST
RATE
Exc C to Deleg Reso - Certificate of Determination (refunding) v2.docx
8709966/RDB/mo
- 2 - 2021 Refunding Certificate of Determination
OCTOBER 1
AMOUNT
MATURING
INTEREST
RATE
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
4. Use of Proceeds. (a) The proceeds of the sale of the Series 2021 Bonds shall be
deposited and used as follows:
(i) $-0- into the Series 2021 Bond Service Subaccount;
(ii) $-0- into the Series 2021 Debt Service Reserve Subaccount;
(iii) $ into LBA Escrow Account held by the LBA Escrow Agent to
provide for the refunding of the Refunded LBA Bonds;
(iv) $ into STR Escrow Account held by the STR Escrow Agent to
provide for the refunding of the Refunded STR Bonds; and
(v) all remaining proceeds shall be deposited into the Series 2021 Cost of
Issuance Fund.
5. Refunded Bonds.
Bonds to be refunded as Series 2012A Refunded Bonds pursuant to the Resolution and the
Indenture shall be as follows:
SCHEDULED
MATURITY
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
TOTAL:
- 3 - 2021 Refunding Certificate of Determination
(b) The portion of the currently outstanding Series 2013B Bonds to be refunded
as Series 2013B Refunded Bonds pursuant to the Resolution and the Indenture shall be as follows:
SCHEDULED
MATURITY
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
TOTAL:
(c) The portion outstanding 2013A LBA Bonds to be
refunded as 2013A LBA Refunded Bonds pursuant to the Resolution and the Indenture shall be as
follows:
SCHEDULED
MATURITY
(OCTOBER 15)
PRINCIPAL
AMOUNT
INTEREST
RATE
TOTAL:
(d) The portion outstanding 2014A LBA Bonds to be
refunded as 2014A LBA Refunded Bonds pursuant to the Resolution and the Indenture shall be as
follows:
SCHEDULED
MATURITY
(APRIL 15)
PRINCIPAL
AMOUNT
INTEREST
RATE
- 4 - 2021 Refunding Certificate of Determination
SCHEDULED
MATURITY
(APRIL 15)
PRINCIPAL
AMOUNT
INTEREST
RATE
TOTAL:
6. Optional Redemption. (a) The Series 2021 Bonds maturing on or after October 1,
203_, are subject to redemption at the election of the City on any date on or after 1,
20 , in whole or in part (if in part, such Series 2021 Bonds to be redeemed will be selected from
such maturities as are determined by the City in its discretion and within each maturity as selected
by the Trustee), upon notice as provided below. Such optional redemption of the Series 2021
Bonds will be at the redemption price equal to the principal amount thereof, but without premium,
plus accrued interest thereon to the redemption date.
(b) The Series 2021_ Bonds maturing on October 1, 20 (the
) are subject to redemption in part by operation of Sinking Fund Installments as provided
in the Indenture, upon notice as provided in Section 4.03 of the Indenture, at a redemption price
equal to the principal amount of the Series 2021_ Term Bonds or portion thereof to be redeemed,
together with accrued interest to the date of redemption. The amounts and due dates of the Sinking
Fund Installments for the Series 2021_ Term Bonds are set forth in the following table:
OCTOBER 1
OF THE YEAR
MANDATORY
REDEMPTION AMOUNT
*
* Stated Maturity
(Signature page follows.)
IN WITNESS WHEREOF, we have hereunto set our hand on the day of _ ,
2021.
By
Mayor
By
Chair
Salt Lake City Council
APPROVED AS TO FORM:
By
Senior City Attorney
2021 Refunding Certificate of Determination
This Preliminary Official Statement and the information contained herein are subject to completion, amendment or other change without any notice. Under no circumstances shall this Preliminary Official Statementconstitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation or sale would be unlawful priorto registration or qualificationunder the securities laws of any such jurisdiction.
Draft of 6/18/21
PRELIMINARY OFFICIAL STATEMENT DATED , 2021
NEW ISSUE Issued in Book-Entry Only Form RATING: S&P
See ATING herein.
Interest on the Series 2021A Bonds is includible in gross income of the owners thereof for federal income tax purposes.
In the opinion of Chapman and Cutler LLP, Bond Counsel, under the existing laws of the State of Utah, as presently enacted and
construed, interest on the Series 2021A Bonds is exempt from taxes imposed by the Utah Individual Income Tax Act. AX
TREATMENT for a more complete discussion.
$ *
SALT LAKE CITY, UTAH
FEDERALLY TAXABLE SALES AND
EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021A
DATED: Date of Delivery DUE: October 1, as shown on inside-cover
The $ * Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series 2021A, dated the date of
delivery thereof, are issuable by the City as fully-registered bonds and, when initially issued, will be in book-entry form only,
registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York. DTC will act as
securities depository for the Series 2021A Bonds. See HE SERIES 2021A BONDS Book-Entry Only herein.
The Series 2021A Bonds are being issued for the purpose of paying all or part of the cost of (a) refunding a portion of
)
refinancing certain lease obligations of the City by exercising the option to purchase certain leased property that was financed
Lease
Revenue Bonds, Series 2014A, (c) funding any necessary reserves and contingencies in connection with the Series 2021A Bonds
and (d) paying all related costs authorized by law.
Principal of and interest on the Series 2021A Bonds (interest payable April 1 and October 1 of each year, commencing
1, 202_) are payable by Zions Bancorporation, National Association, Salt Lake City, Utah, as Trustee, to the registered
owners thereof, initially DTC.
The Series 2021A Bonds are subject to optional and HE
SERIES 2021A BONDS Redemption herein.
The Series 2021A Bonds are special limited obligations of the City payable solely from the Revenues, moneys, securities
and funds pledged therefor under the Indenture on a parity basis with the Bonds, including the Outstanding Parity Bonds, that have
been or may be issued by the City pursuant to the provisions of the Indenture. The Revenues consist of the Pledged Excise Taxes.
No assurance can be given that the Revenues will remain sufficient for the payment of the Principal of or interest on the Series
2021A Bonds, and the City is limited by Utah law in its ability to increase the rate of the Pledged Excise Taxes. ISK
FACTORS herein. The Series 2021A Bonds do not constitute a general obligation indebtedness or a pledge of the ad valorem taxing
power or the full faith and credit of the City, and are not obligations of the State of Utah or any other agency or other political
subdivision or entity of the State of Utah. See ECURITY FOR THE SERIES 2021A BONDS herein.
The Series 2021A Bonds are offered when, as and if issued and received by the Underwriter, subject to prior sale and to
the approval of legality by Chapman and Cutler LLP, Bond Counsel, and certain other conditions. Certain legal matters will be
passed upon for the City by Katherine N. Lewis, City Attorney and by Chapman and Cutler LLP, Disclosure Counsel to the City.
The Underwriter is being represented by its counsel, . It is expected that the Series 2021A Bonds will be
available for delivery to DTC or its agent on or about October 19, 2021.
[Underwriter]
This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must
read the entire Official Statement to obtain information essential to the making of an informed investment decision.
This Official Statement is dated , 2021 and the information contained herein speaks only as of that date.
* Preliminary; subject to change.
Exh D to Deleg Reso - Preliminary Official Statement (Refunding) v2.docx 8709966/RDB/mo
MATURITY SCHEDULE*
$
SALT LAKE CITY, UTAH
FEDERALLY TAXABLE SALES AND EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021A
DUE
OCTOBER 1
PRINCIPAL
AMOUNT
INTEREST
RATE
YIELD
CUSIP
2021 % %
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
* Preliminary; subject to change.
CITY COUNCIL
$*
SALT LAKE CITY, UTAH
FEDERALLY TAXABLE SALES AND
EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021A
Salt Lake City
City and County Building
451 South State Street
Salt Lake City, Utah 84111
(801) 535-7946
Amy Fowler ............................................................................................................................. Council Chair
James Rogers ................................................................................................................... Council Vice Chair
Daniel Dugan ....................................................................................................................... Council Member
Dennis Faris ......................................................................................................................... Council Member
Darin Mano .......................................................................................................................... Council Member
Analia Valdemoros .............................................................................................................. Council Member
Chris Wharton ...................................................................................................................... Council Member
CITY ADMINISTRATION
Erin J. Mendenhall ............................................................................................................................... Mayor
Rachel Otto ............................................................................................................................... Chief of Staff
Katherine N. Lewis ................................................................................................................... City Attorney
Cindy Lou Trishman ................................................................................................................ City Recorder
Marina Scott ............................................................................................................................. City Treasurer
BOND COUNSEL UNDERWRITER S COUNSEL
Chapman and Cutler LLP
215 South State, Suite 800
Salt Lake City, Utah 84111
(801) 533-0066 ( ) _ -
MUNICIPAL ADVISOR TRUSTEE, REGISTRAR AND PAYING AGENT
Stifel, Nicolaus & Company, Incorporated Zions Bancorporation, National Association
15 West South Temple, Suite 1090 One South Main Street, 12th Floor
Salt Lake City, Utah 84101 Salt Lake City, Utah 84133
(385) 799-7231 (801) 844-7517
INDEPENDENT AUDITORS
Eide Bailly LLP
5 Triad Center, Suite 600
Salt Lake City, Utah 84180
(801) 532-2200
* Preliminary; subject to change.
The information set forth herein has been obtained from Salt Lake City, Utah (the ),
The Depository Trust Company and other sources that are believed to be reliable. No dealer,
broker, salesperson or any other person has been authorized by the City or the Underwriter to give
any information or to make any representations other than those contained in this Official
Statement in connection with the offering contained herein, and, if given or made, such information
or representations must not be relied upon as having been authorized by the Underwriter. This
Official Statement does not constitute an offer to sell or solicitation of an offer to buy, nor shall
there be any sale of, the Series 2021A Bonds by any person in any jurisdiction in which it is
unlawful for such person to make such offer, solicitation or sale. The information and expressions
of opinion herein are subject to change without notice, and neither delivery of this Official
Statement nor any sale made thereafter shall under any circumstances create any implication that
there has been no change in the affairs of the City or in any other information contained herein
since the date hereof.
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY ENGAGE IN TRANSACTIONS
THAT STABILIZE, MAINTAIN OR OTHERWISE AFFECT MARKET PRICES OF THE SERIES 2021A BONDS.
SUCH TRANSACTIONS, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
THE UNDERWRITER HAS PROVIDED THE FOLLOWING SENTENCE FOR INCLUSION IN THIS
OFFICIAL STATEMENT. THE UNDERWRITER HAS REVIEWED THE INFORMATION IN THIS OFFICIAL
STATEMENT IN ACCORDANCE WITH, AND AS PART OF ITS RESPONSIBILITIES TO INVESTORS UNDER THE
FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS TRANSACTION,
BUT THE UNDERWRITER DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH
INFORMATION.
-
federal securities laws. These forward-looking statements include, among others, statements
concerning expectations, beliefs, opinions, future plans and strategies, anticipated events or trends
and similar expressions concerning matters that are not historical facts. The forward-looking
statements in this Official Statement are subject to risks and uncertainties that could cause actual
results to differ materially from those expressed in or implied by such statements.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION OR ANY STATE SECURITIES COMMISSION NOR HAS THE SECURITIES AND
EXCHANGE COMMISSION OR ANY STATE SECURITIES COMMISSION PASSED UPON THE ACCURACY OR
ADEQUACY OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL
OFFENSE.
The City maintains a website. However, the information presented on that website is not a part of
this Official Statement and should not be relied upon in making an investment decision with respect to the
Series 2021A Bonds.
- i -
TABLE OF CONTENTS
PAGE
INTRODUCTION ................................................................................................................................................................. 1
The City ................................................................................................................................. 1
Authorization and Purpose of the Series 2021A Bonds ......................................................... 2
Security and Source of Payment ............................................................................................ 2
Outstanding Parity Bonds ...................................................................................................... 3
Additional Bonds ................................................................................................................... 3
No Debt Service Reserve ....................................................................................................... 4
Redemption ............................................................................................................................ 4
Registration, Denomination and Manner of Payment ............................................................ 4
Tax Treatment ........................................................................................................................ 4
Conditions of Delivery, Anticipated Date, Manner and Place of Delivery............................ 5
Continuing Disclosure ........................................................................................................... 5
Basic Documentation ............................................................................................................. 5
Contact Person ....................................................................................................................... 6
Additional Information .......................................................................................................... 6
PLAN OF REFUNDING ...................................................................................................................................................... 6
Refunding of Sales Tax Revenue Bonds ................................................................................ 6
Refinancing of LBA Bonds ................................................................................................... 8
SOURCES AND USES OF FUNDS................................................................................................................................. 11
THE SERIES 2021A BONDS ........................................................................................................................................ 11
General ................................................................................................................................. 11
Book-Entry Only System ..................................................................................................... 12
Payment of Principal and Interest ........................................................................................ 12
Redemption Provisions ........................................................................................................ 12
Notice of Redemption .......................................................................................................... 13
Registration, Transfer and Exchange ................................................................................... 14
SECURITY FOR THE SERIES 2021A BONDS ........................................................................................................... 15
Pledged Excise Taxes........................................................................................................... 15
Historical Pledged Excise Taxes .......................................................................................... 18
State Pledge of Nonimpairment ........................................................................................... 18
Flow of Funds ...................................................................................................................... 19
No Debt Service Reserve ..................................................................................................... 19
Outstanding Parity Bonds .................................................................................................... 20
Additional Bonds ................................................................................................................. 20
DEBT SERVICE SCHEDULE ON THE SERIES 2021A BONDS AND THE OUTSTANDING
PARITY BONDS ................................................................................................................................................ 22
RISK FACTORS ............................................................................................................................................................... 23
Uncertainty of Revenues ...................................................................................................... 23
The Series 2021A Bonds are Limited Obligations .............................................................. 23
Limitation on Increasing Rates for Pledged Excise Taxes .................................................. 23
Possible Use of Special Revenues to Meet Additional Bonds Test; Reliance on
Rating Agencies ............................................................................................................. 24
- ii -
THE CITY ......................................................................................................................................................................... 24
City Officials ........................................................................................................................ 24
City Administration ............................................................................................................. 25
City Fund Structure; Accounting Basis ............................................................................... 25
Financial Controls ................................................................................................................ 26
Budget and Appropriation Process ...................................................................................... 26
Insurance Coverage .............................................................................................................. 27
Investment Policy ................................................................................................................. 28
Employee Workforce and Retirement System; Postemployment Benefits ......................... 30
DEBT STRUCTURE ......................................................................................................................................................... 31
Outstanding Debt Issues ...................................................................................................... 31
FUTURE DEBT PLANS .................................................................................................................................................. 32
RECENT DEVELOPMENTS ........................................................................................................................................... 32
FINANCIAL INFORMATION REGARDING THE CITY ............................................................................................. 34
Five Year Financial Summary ............................................................................................. 34
Assessed Taxable and Estimated Fair Market Value of Taxable Property .......................... 38
Principal Property Taxpayers ............................................................................................... 38
TAX TREATMENT .......................................................................................................................................................... 38
Federal Income Taxation ..................................................................................................... 38
Utah Income Taxation .......................................................................................................... 39
NO DEFAULTED BONDS .............................................................................................................................................. 39
CONTINUING DISCLOSURE AGREEMENT ............................................................................................................... 39
UNDERWRITING ............................................................................................................................................................. 40
RATING ............................................................................................................................................................................. 40
ESCROW VERIFICATION .............................................................................................................................................. 41
MUNICIPAL ADVISOR .................................................................................................................................................. 41
LEGAL MATTERS........................................................................................................................................................... 41
Litigation .............................................................................................................................. 41
Approval of Legal Proceedings............................................................................................ 42
INDEPENDENT AUDITORS ........................................................................................................................................... 42
MISCELLANEOUS ........................................................................................................................................................... 42
Additional Information ........................................................................................................ 42
APPENDIX A SALT LAKE CITY CORPORATION FINANCIAL STATEMENTS FOR THE FISCAL
YEAR ENDED JUNE 30, 2020
APPENDIX B MASTER TRUST INDENTURE
APPENDIX C DEMOGRAPHIC AND ECONOMIC INFORMATION REGARDING THE CITY AND
SALT LAKE COUNTY
APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL
APPENDIX E PROVISIONS REGARDING BOOK-ENTRY ONLY SYSTEM
APPENDIX F FORM OF CONTINUING DISCLOSURE AGREEMENT
OFFICIAL STATEMENT
RELATING TO
$ *
SALT LAKE CITY, UTAH
FEDERALLY TAXABLE SALES AND
EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021A
INTRODUCTION
This Official Statement, including the cover page, introduction, and appendices, provides
information in connection with the issuance and sale by Salt Lake City, Utah (the ), of its
$ * Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series 2021A
(the ), initially issued in book-entry form only. This introduction is not a
summary of this Official Statement. It is only a brief description of and guide to, and is qualified
by more complete and detailed information contained in the entire Official Statement, including
the cover page and appendices hereto, and the documents summarized or described herein. A full
review should be made of the entire Official Statement. The offering of the Series 2021A Bonds
to potential investors is made only by means of the entire Official Statement.
See also the following appendices attached hereto: PPENDIX A SALT LAKE CITY
CORPORATION FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30,
PPENDIX B MASTER TRUST INDENTURE PPENDIX C DEMOGRAPHIC AND ECONOMIC
INFORMATION REGARDING THE CITY AND SALT LAKE COUNTY PPENDIX D PROPOSED FORM
OF OPINION OF BOND COUNSEL PPENDIX E PROVISIONS REGARDING BOOK-ENTRY ONLY
SYSTEM and PPENDIX F FORM OF CONTINUING DISCLOSURE AGREEMENT
Capitalized terms used herein and not otherwise defined are defined in the conformed copy
of the Indenture (defined below) attached hereto as PPENDIX B MASTER TRUST INDENTURE
THE CITY
The City is a municipal corporation and political subdivision of the State of Utah (the
) and is the capital of the State. The City is the most populous city in the State, with an
estimated 2020 population of approximately 200,831. The City has a council-mayor form of
government. For more information with respect to the City, see HE CITY EBT STRUCTURE
INANCIAL INFORMATION REGARDING THE CITY PPENDIX A SALT LAKE CITY
CORPORATION FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, and
PPENDIX C DEMOGRAPHIC AND ECONOMIC INFORMATION REGARDING THE CITY AND SALT
LAKE COUNTY
* Preliminary; subject to change.
- 2 -
AUTHORIZATION AND PURPOSE OF THE SERIES 2021A BONDS
The Series 2021A Bonds are being issued pursuant to (i) the Local Government Bonding
Act, Title 11, Chapter 14, and the Utah Refunding Bond Act, Title 11, Chapter 27, each of the
Utah Code Annotated 1953, as amended (the ), and other applicable provisions of
law (collectively, the ), (ii) a resolution adopted by the City Council of the City on August
17, 2021 (the ), that provides for the issuance and delivery of the Series 2021A
Bonds, and (iii) a Master Trust Indenture, dated as of September 1, 2004, as heretofore amended
and supplemented (the ), and as further amended and supplemented by a
Supplemental Trust Indenture, dated as of October 1, 2021 (the
Supplemental and, together with the Master Indenture, the ), each between
the City and Zions Bancorporation, National Association, as trustee (the ). A conformed
copy of the Master Indenture is attached hereto as APPENDIX B.
The proceeds from the sale of the Series 2021A Bonds will be used for the purpose of (a)
refunding a portion of the currently outstanding (i) Sales Tax Revenue Bonds, Series 2012A
(the ) and (ii) Sales Tax Revenue Bonds, Series 2013B (the
purchase certain leased property that was financed by the issuance of the Local Building Authority
of Salt Lake City, (i) Lease Revenue Bonds, Series 2013A (the LBA ) and
(ii) Lease Revenue Bonds Bonds, Series 2014A (the ) and (b) paying the costs
incurred in connection with the issuance and sale of the Series 2021A Bonds and the refunding of
the Refunded Bonds (defined below).
SECURITY AND SOURCE OF PAYMENT
The Series 2021A Bonds will be special limited obligations of the City, payable solely
from and secured solely by a pledge of the Revenues and certain funds and accounts pledged
therefor in the Indenture. means, collectively, all of the revenues received by the City
that are produced by:
(a) local sales and use taxes (the Sales );
(b) municipal energy sales and use taxes (the Energy );
(c) municipal telecommunications license taxes (the
and, collectively with the Local Sales Taxes and the Municipal Energy Taxes, the
Sales and Use );
(d) franchise fees for electric energy (the Franchise );
(e) franchise fees charged to the Public Utilities Department (the
Utilities Franchise ); and
- 3 -
(f) franchise fees associated with cable television (the Franchise
and, collectively with the Energy Franchise Fees and the Public Utilities Franchise Fees,
the Franchise ).
The term Revenues is used interchangeably herein with the term Pledged Excise Taxes.
No assurance can be given that the Revenues will remain sufficient for the payment of the
Principal or interest on the Series 2021A Bonds and the City is limited by contract or by State law
in its ability to increase the rate of the Pledged Excise Taxes. ISK FACTORS The
Series 2021A Bonds do not constitute a general obligation indebtedness or a pledge of the ad
valorem taxing power or the full faith and credit of the City, and are not obligations of the State or
any other agency or other political subdivision or entity of the State. ECURITY FOR THE
SERIES 2021A BONDS herein.
The City currently levies the Pledged Excise Taxes at the maximum rates permitted by
State law. In general, the Pledged Sales and Use Taxes are collected by the Utah State Tax
Commission (the ) and distributed to the City and all other counties and
municipalities in the State on a monthly basis. The Pledged Franchise Fees are collected by the
applicable franchisee and distributed to the City as required by contract or ordinance. See
ECURITY FOR THE SERIES 2021A BONDS ISK FACTORS
for additional information.
OUTSTANDING PARITY BONDS
The Series 2021A Bonds will be issued on a parity with any other outstanding Bonds (as
defined below) issued from time to time under the Master Indenture, including *, but not limited
to, the (i) Series 2012A Bonds, currently outstanding in the aggregate principal amount of
$680,000, (ii) Series 2013B Bonds, currently outstanding in the aggregate principal amount of
$1,010,000 (the 2013B ), (iii) Sales and Excise Tax Revenue Bonds, Series 2014B,
currently outstanding in the aggregate principal amount of $8,430,000 (the 2014B
), (iv) Sales and Excise Tax Revenue Bonds, Series 2016A, currently outstanding in the
aggregate principal amount of $17,910,000 (the 2016A ), (v) Sales and Excise Tax
Revenue Refunding Bonds, Series 2019A, currently outstanding in the aggregate principal amount
of $2,095,000 (the 2019A ), (vi) Federally Taxable Sales and Excise Tax Revenue
Refunding Bonds, Series 2019B, currently outstanding in the amount of $54,740,000 (the
2019B and, collectively with the Series 2012A Bonds, the Series 2013B Bonds, the Series
2014B Bonds, the Series 2016A Bonds, the Series 2019A Bonds and the Series 2019B Bonds, the
Parity ).
ADDITIONAL BONDS
The Indenture permits the issuance of additional bonds secured by the Revenues, but
requires that the City provide certain certificates relating to certain conditions to the issuance of
Additional Bonds (as defined below). Included in those conditions is the requirement that the
* After giving effect to the refunding of the Refunded Bonds.
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Revenues for any Year within the 24 calendar months next preceding the authentication and
delivery of the Series 2021A Bonds (as defined below) proposed to be issued are equal to or greater
than 200% of the Maximum Annual Debt Service on all Outstanding Bonds upon the issuance of
the Series 2021A Bonds proposed to be issued. See ECURITY FOR THE SERIES 2021A
BONDS Additional herein.
The Series 2021A Bonds, the Outstanding Parity Bonds and any additional bonds
heretofore or hereafter issued under the Indenture (the ) are referred to
collectively herein as the
NO DEBT SERVICE RESERVE
There is no debt service reserve for either of the Series 2021A Bonds. See ECURITY FOR
THE SERIES 2021A BONDS No Debt Service herein.
REDEMPTION
The Series 2021A Bonds are subject to optional and mandatory sinking fund redemption
prior to maturity as described herein. HE SERIES 2021A BONDS
herein.
REGISTRATION, DENOMINATION AND MANNER OF PAYMENT
The Series 2021A Bonds will be issued only as fully-registered bonds, and initially, will
be registered in the name of Cede & Co., as nominee for The Depository Trust Company, New
York, New York (). DTC will act as a securities depository for the Series 2021A Bonds
and purchases of beneficial interests in the Series 2021A Bonds initially will be made in book-entry
only form through brokers and dealers who are, or who act through DTC participants, and under
certain circumstances are exchangeable as more fully described herein. The Series 2021A Bonds
will be issued in the denomination of $5,000 and any whole multiple thereof.
Principal of and any premium on the Series 2021A Bonds are payable upon surrender
thereof at the principal corporate trust office of the Trustee, as Paying Agent for the Series 2021A
Bonds. Interest on the Series 2021A Bonds is payable on each Interest Payment Date (defined
below) to the registered owners thereof (initially DTC), as described herein. So long as DTC or
its nominee, Cede & Co., is the registered owner of the Series 2021A Bonds, payments of the
Principal of, and interest on such Series 2021A Bonds will be made directly to DTC. HE
SERIES 2021A BONDS Book-Entry Only herein.
TAX TREATMENT
Interest on the Series 2021A Bonds is includible in gross income of the owners thereof for
federal income tax purposes. In the opinion of Chapman and Cutler LLP, Bond Counsel, under
the existing laws of the State of Utah, as presently enacted and construed, interest on the Series
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2021A Bonds is exempt from taxes imposed by the Utah Individual Income Tax Act. See AX
TREATMENT
CONDITIONS OF DELIVERY, ANTICIPATED DATE, MANNER AND PLACE OF DELIVERY
The Series 2021A Bonds are offered, subject to prior sale, when, as and if issued and
received by the Underwriter, subject to the approving legal opinion of Chapman and Cutler LLP,
Bond Counsel, and certain other conditions. Certain legal matters will be passed upon for the City
by The
Underwriter is being represented by its counsel, . It is expected that the Series
2021A Bonds in book-entry only form will be available for delivery through DTC or its agent on
or about October 19, 2021.
CONTINUING DISCLOSURE
The City will execute a Continuing Disclosure Agreement for the benefit of the beneficial
owners of the Series 2021A Bonds to enable the Underwriter to comply with the requirements of
Rule 15c2-12 under the Securities Exchange Act of 1934. See ONTINUING DISCLOSURE
AGREEMENT and PPENDIX F FORM OF CONTINUING DISCLOSURE AGREEMENT
BASIC DOCUMENTATION
This Official Statement speaks only as of its date, and the information contained herein is
subject to change. Brief descriptions of the City and the Series 2021A Bonds are included in this
Official Statement. Such descriptions do not purport to be comprehensive or definitive. All
references herein to the Indenture are qualified in their entirety by reference to such document,
and references herein to the Series 2021A Bonds are qualified in their entirety by reference to the
form thereof included in the Indenture and the information with respect thereto included in the
aforementioned document, copies of which are available for inspection at the principal office of
the Trustee on or after the delivery of the Series 2021A Bonds. Descriptions of the Indenture and
the Series 2021A Bonds are qualified by reference to bankruptcy1 laws affecting the remedies for
the enforcement of the rights and security provided therein and the effect of the exercise of the
police power by any entity having jurisdiction. During the period of the offering of the Series
2021A Bonds, copies of the preliminary forms of any of the aforementioned documents will be
available from the as indicated herein. Also see PPENDIX B MASTER TRUST
INDENTURE herein. The which includes the Resolution, the Indenture and
other documentation authorizing the issuance of the Series 2021A Bonds and establishing the
rights and responsibilities of the City and other parties to the transaction, may be obtained from
the as indicated herein.
1 There is currently no specific authorization under the Utah Code for the City to file bankruptcy under Chapter 9
of the U.S. Bankruptcy Code.
- 6 -
CONTACT PERSON
is:
The primary contact for the City in connection with the issuance of the Series 2021A Bonds
Marina Scott, City Treasurer
451 South State Street, Room 228
P.O. Box 145462
Salt Lake City, Utah 84114-5462
(801) 535-6565
e-mail: marina.scott@slcgov.com
ADDITIONAL INFORMATION
In preparing this Official Statement, the City has relied upon information furnished by DTC
and others. This Official Statement also includes summaries of the terms of the Series 2021A
Bonds, the Indenture, certain provisions of the Act and the Utah Code. The summaries of and
references to all documents and statutes referred to herein do not purport to be complete,
comprehensive or definitive, and each such summary and reference is qualified in its entirety by
reference to each such document or statute.
Any statements in this Official Statement involving matters of opinion, whether or not
expressly so stated, are intended as such and not as representations of the fact. This Official
Statement is not to be construed as a contract or agreement between the City and the purchasers or
owners of any of the Series 2021A Bonds.
PLAN OF REFUNDING
The Series 2021A Bonds are being issued for the purpose of effecting an advanced
refunding prior to their maturity all of the 2012A Refunded Bonds and 2013B Refunded Bonds
(each as defined below). Proceeds of the Series 2021A Bonds will also be used by the City to
purchase two libraries from the Local Building Authority of Salt Lake City, Utah (the
), that were previously financed with the proceeds of the 2013A LBA Bonds and the
2014A LBA Bonds; the purchase price paid for the two libraries will be used by the Authority to
effect an advanced refunding prior to their maturity all of the 2013A Refunded LBA Bonds and
2014A Refunded LBA Bonds (each as defined below)
REFUNDING OF SALES TAX REVENUE BONDS
Proceeds from the Series 2021A Bonds in the aggregate principal amount of $ ,
together with $ of funds on deposit in the bond service subaccount for the Series
2012A Bonds, will be deposited with Zions Bancorporation, National Association, as escrow agent
(the ), pursuant to an Escrow Agreement, dated as of October 1, 2021 (the
), to establish an irrevocable trust escrow account (the
), consisting of cash and noncallable direct full faith and credit obligations of the United
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States of America. Funds in the Escrow Account will be used to refund the Series 2012A Bonds
maturing on and after October 1, 2022 (the ). The 2012A Refunded
Bonds will be called for redemption on or about April 1, 2022, at a redemption price of one hundred
percent (100%) of the principal amount thereof plus accrued interest thereon to the redemption
date. The 2012A Refunded Bonds are scheduled to mature on the dates and in the amounts, and
bear interest at the rates, as follows:
SCHEDULED
MATURITY
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
2022 $ 710,000 4.000%
2023 745,000 3.000
2024 785,000 3.000
2025 825,000 3.000
2026 870,000 3.000
2027 915,000 3.000
2028 960,000 3.000
2029 1,010,000 3.000
2030 1,060,000 3.000
2031 1,115,000 3.000
2032 1,170,000 3.125
TOTAL: $10,165,000
Proceeds from the Series 2021A Bonds in the aggregate principal amount of $ ,
together with $ of funds on deposit in the bond service subaccount for the Series
2013B Bonds, will be deposited in the STR Escrow Account and will be used to refund the Series
2013B Bonds maturing on and after October 1, 2024 (the Refunded and,
collectively with the 2012A Refunded Bonds, the STR ). The 2013B Refunded
Bonds will be called for redemption on or about October 1, 2023, at a redemption price of one
hundred percent (100%) of the principal amount thereof plus accrued interest thereon to the
redemption date. The 2013B Refunded Bonds are scheduled to mature on the dates and in the
amounts, and bear interest at the rates, as follows:
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SCHEDULED
MATURITY
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
2024 $ 370,000 4.000%
2025 385,000 4.000
2026 400,000 4.000
2027 420,000 4.000
2028 435,000 4.000
2029 450,000 4.000
2030 470,000 4.000
2031 490,000 4.000
2032 510,000 4.000
2033 530,000 4.000
TOTAL: $4,4600,000
The cash and investments held in the STR Escrow Account will bear interest and mature
in amounts sufficient to pay the interest falling due on the (a) 2012A Refunded Bonds through
April 1, 2022 and the redemption price of the 2012A Refunded Bonds on April 1, 2022 and (b)
2013B Refunded Bonds through October 1, 2023 and the redemption price of the 2013B Refunded
Bonds on October 1, 2023.
Certain mathematical computations regarding the sufficiency of the investments held in the
STR Escrow Account will be verified by , , ,
independent Certified Public Accountants. See SCROW VERIFICATION below.
REFINANCING OF LBA BONDS
Proceeds from the Series 2021A Bonds in the aggregate principal amount of $ ,
together with $ of funds set aside by the City to make certain base rental payments
associated with the 2013A LBA Bonds, will be used by the City to purchase the library that was
financed by the Authority with the proceeds of the 2013A LBA Bonds. The purchase price paid
by the City will be deposited with U.S. Bank National Association, as escrow agent (the
), pursuant to an Escrow Agreement, dated as of October 1, 2021 (the
), to establish an irrevocable trust escrow account (the ),
consisting of cash and noncallable direct full faith and credit obligations of the United States of
America. Funds in the LBA Escrow Account will be used to refund the 2013A LBA Bonds
maturing on and after October 15, 2024 (the ). The 2013A
Refunded LBA Bonds will be called for redemption on or about October 15, 2023, at a redemption
price of one hundred percent (100%) of the principal amount thereof plus accrued interest thereon
to the redemption date. The 2013A Refunded LBA Bonds are scheduled to mature on the dates
and in the amounts, and bear interest at the rates, as follows:
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SCHEDULED
MATURITY
(OCTOBER 15)
PRINCIPAL
AMOUNT
INTEREST
RATE
2024 $ 345,000 3.500%
2025 355,000 3.500
2026 370,000 3.500
2027 380,000 3.500
2028 395,000 3.500
2029 410,000 4.000
2030 425,000 4.000
2031 440,000 4.000
2032 460,000 4.000
2033 475,000 4.000
2034 495,000 4.000
TOTAL: $4,550,000
Proceeds from the Series 2021A Bonds in the aggregate principal amount of $ ,
together with $ of funds set aside by the City to make certain base rental payments
associated with the 2014A LBA Bonds, will be used by the City to purchase the library that was
financed by the Authority with the proceeds of the 2014A LBA Bonds. The purchase price paid
by the City will be deposited in the LBA Escrow Account and will be used to refund the 2014A
LBA Bonds maturing on and after April 15, 2024 (the and,
collectively with the 2013A Refunded LBA Bonds, the ). The Refunded
STR Bonds and the Refunded LBA Bonds are sometimes collectively referred to herein as the
The 2014A Refunded LBA Bonds will be called for redemption on or about
October 15, 2023, at a redemption price of one hundred percent (100%) of the principal amount
thereof plus accrued interest thereon to the redemption date. The 2014A Refunded LBA Bonds
are scheduled to mature on the dates and in the amounts, and bear interest at the rates, as follows:
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SCHEDULED
MATURITY
(APRIL 15)
PRINCIPAL
AMOUNT
INTEREST
RATE
2024 $ 325,000 5.000%
2025 340,000 5.000
2026 360,000 5.000
2027 375,000 3.250
2028 390,000 3.250
2029 400,000 3.500
2030 415,000 3.500
2031 430,000 3.625
2032 445,000 4.000
2033 465,000 4.000
2034 480,000 4.000
2035 500,000 4.000
TOTAL: $4,925,000
The cash and investments held in the LBA Escrow Account will bear interest and mature
in amounts sufficient to pay the interest falling due on the Refunded LBA Bonds through
October 15, 2023 and the redemption price of the Refunded LBA Bonds on October 15, 2023.
Certain mathematical computations regarding the sufficiency of the investments held in the
LBA Escrow Account will be verified by , , ,
independent Certified Public Accountants. See SCROW VERIFICATION below.
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SOURCES AND USES OF FUNDS
The estimated sources and uses of funds for the Series 2021A Bonds are shown below:
SOURCES OF FUNDS
Par Amount of Series 2021A Bonds $
Transfer from Refunded Bonds bond service
Original Issue Premium for Series 2021A Bonds
Total $
USES OF FUNDS
Deposit to STR Escrow Account $
Deposit to LBA Escrow Account
Costs of Issuance(1)
Total $
(1) Costs of Issuance
other costs and expenses related to the issuance of the Series 2021A Bonds.
THE SERIES 2021A BONDS
GENERAL
The Series 2021A Bonds will be dated the date of delivery thereof and will bear interest
from that date (calculated on the basis of a 360-day year consisting of twelve 30-day months),
payable semiannually on April 1 and October 1 of each year (each an
and, collectively, the est Payment ), commencing 1, 2021. The Series
2021A Bonds will mature on the dates and in the amounts and will bear interest at the rates set
forth on the cover page of this Official Statement.
The Series 2021A Bonds are issuable as fully-registered bonds, without coupons, and when
initially issued will be registered in the name of Cede & Co., as nominee of DTC, which will act
as securities depository for the Series 2021A Bonds. The Series 2021A Bonds will be issued in
the denomination of $5,000 and any whole multiple thereof. So long as the book-entry only system
is in effect, purchases of beneficial ownership interests in the Series 2021A Bonds will be made in
book-entry form only, in the principal amount of $5,000 and any whole multiple thereof. See
PPENDIX E PROVISIONS REGARDING BOOK-ENTRY ONLY SYSTEM
The Series 2021A Bonds are special limited obligations of the City, payable solely from
the proceeds of the Series 2021A Bonds, the Revenues, moneys, securities and funds pledged
therefor in the Indenture. The Revenues consist of the Pledged Excise Taxes. No assurance
can be given that the Revenues will remain sufficient for the payment of the Principal or interest
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on the Series 2021A Bonds and the City is limited by State law in its ability to increase the rate
of the Pledged Excise Taxes. ISK FACTORS The Series 2021A Bonds do not
constitute a general obligation indebtedness or a pledge of the ad valorem taxing power or the
full faith and credit of the City, and are not obligations of the State or any other agency or other
political subdivision or entity of the State. ECURITY FOR THE SERIES 2021A BONDS
herein.
BOOK-ENTRY ONLY SYSTEM
The Series 2021A Bonds originally will be issued solely in book-entry form to DTC or its
nominee, Cede & Co., to be held in book-entry only system. So long as such Series 2021A
Bonds are held in the book-entry only system, DTC or its nominee will be the Registered Owner
or Holder of such Series 2021A Bonds for all purposes of the Indenture, the Series 2021A Bonds
and this Official Statement. For a description of the book-entry only system, see PPENDIX
E PROVISIONS REGARDING BOOK-ENTRY ONLY SYSTEM
The City may decide to discontinue use of the system of book-entry transfers through DTC
(or a successor securities depository). In that event, the Series 2021A Bonds will be printed and
delivered and will be governed by the provisions of the Indenture with respect to payment of
Principal and interest and rights of exchange and transfer.
The City cannot and does not give any assurances that DTC participants or others will
distribute payments with respect to the Series 2021A Bonds received by DTC or its nominee as
the Registered Owner, or any prepayment or other notices, to the Beneficial Owners, or that they
will do so on a timely basis, or that DTC will service and act in the manner described in this
Official Statement. For a description of the book-entry only system, see
PPENDIX E PROVISIONS REGARDING BOOK-ENTRY ONLY SYSTEM
PAYMENT OF PRINCIPAL AND INTEREST
The Principal of, premium, if any, and interest on, the Series 2021A Bonds is payable in
lawful money of the United States of America. In the event that the book-entry only system has
been terminated, Principal of and Redemption Price on the Series 2021A Bonds when due will be
payable at the principal corporate trust operations office of the Trustee, or of its successor as
Paying Agent for the Series 2021A Bonds. In the event that the book-entry only system has been
terminated, payment of interest on the Series 2021A Bonds will be paid by check or draft mailed
on an Interest Payment Date to the Registered Owner of record as of the close of business on the
ress 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.
REDEMPTION PROVISIONS
Optional Redemption. The Series 2021A Bonds maturing on or after October 1, 20 , are
subject to redemption at the election of the City on any date on or after 1, 20 , in
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whole or in part (if in part, such Series 2021A Bonds to be redeemed will be selected from such
maturities as are determined by the City in its discretion and within each maturity, as selected by
the Trustee), upon notice as provided below. Such optional redemption of the Series 2021A Bonds
will be at the Redemption Price equal to the principal amount thereof, but without premium, plus
accrued interest thereon to the redemption date.
2021 Mandatory Sinking Fund Redemption. The Series 2021A Bonds maturing on
October 1, 20 are subject to mandatory sinking fund redemption prior to maturity at a price
equal to the principal amount thereof, together with interest thereon accrued to the date of
redemption. The Indenture requires funds to be provided on the dates and in the amounts set forth
in the following table:
OCTOBER 1
OF THE YEAR
MANDATORY
REDEMPTION AMOUNT
$
*
* Stated Maturity
In determining the amount of any mandatory redemption installment due on any date specified
above, there shall be deducted the principal amount of any Series 2021A Bonds which have been
redeemed or purchased on a date not less than 30 days preceding the date on which such mandatory
redemption installment is due from moneys accumulated in the Bond Service Account with respect
to such mandatory redemption installment. Upon any purchase or redemption of the Series 2021A
Bonds, there will be credited toward the mandatory sinking fund redemption installments
thereafter to become due such amount as may be designated by the City in a Written Request
delivered to the Trustee.
Partial Redemption. Upon surrender of a Series 2021A Bond redeemed in part, the City
will execute and the Trustee (or any Transfer Agent) will authenticate and deliver to the Holder
thereof a new Series 2021A Bond or Series 2021A Bonds in the denomination of $5,000 and any
whole multiple thereof equal in Principal amount to the unredeemed portion of the Series 2021A
Bond surrendered. So long as the Series 2021A Bonds are held in the book-entry only system,
Series 2021A Bonds will not be delivered as set forth above; rather transfers of beneficial
ownership of the Series 2021A Bonds to the person indicated will be effected on the registration
books of DTC pursuant to its rules and procedures. PPENDIX E PROVISIONS REGARDING
BOOK-ENTRY ONLY SYSTEM
NOTICE OF REDEMPTION
At least 30 but not more than 60 days prior to each redemption date, the Trustee will mail
notice of redemption by first-
Unless moneys sufficient to pay the Principal of, and interest on the Series 2021A Bonds to be
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redeemed have been received by the Trustee prior to the giving of such notice of redemption, such
notice may state that said redemption will be conditioned upon the receipt of such moneys by the
Trustee on or prior to the date fixed for redemption. If such moneys are not received, such notice
will be of no force and effect, the City will not redeem such Series 2021A Bonds and the Trustee
will give notice, in the same manner in which the notice of redemption was given, that such moneys
were not so received and that such Series 2021A Bonds will not be redeemed. Neither failure to
give any required notice of redemption as to any particular Series 2021A Bonds nor any defect in
any notice so mailed will affect the validity of the call for redemption of any Series 2021A Bonds.
Any notice mailed as provided in this paragraph will be conclusively presumed to have been given
whether or not actually received by the addressee.
Except as otherwise described in the preceding paragraph with respect to a conditional
notice of redemption, when notice of redemption is required and given, Series 2021A Bonds called
for redemption become due and payable on the redemption date at the applicable redemption price,
and in such case when funds are deposited with the Trustee sufficient for redemption, interest on
the Series 2021A Bonds to be redeemed ceases to accrue as of the date of redemption.
REGISTRATION, TRANSFER AND EXCHANGE
In the event the book-entry system is discontinued, any Series 2021A Bond may, in
accordance with its terms, be transferred, upon the registration books kept by the Trustee, by the
person in whose name it is registered, in person or by his or her duly authorized attorney, upon
surrender of such Series 2021A Bond for cancellation, or, if applicable, notation of the new Holder
together with the signature of the Trustee or any applicable Transfer Agent on the back of such
Series 2021A Bond, or on a form of record attached to such Series 2021A Bond for such purpose,
accompanied by delivery of a duly executed written instrument of transfer in a form approved by
the Trustee. No transfer will be effective until entered on the registration books kept by the
Trustee.
For every such exchange or transfer of the Series 2021A Bonds, the Trustee or the Transfer
Agent will require the payment by the Bondholder requesting such exchange or transfer of any tax
or other governmental charge required to be paid with respect to such exchange or transfer of the
Series 2021A Bonds.
The City, the Trustee and any Transfer Agent are not required (a) to issue, register the
transfer of or exchange any Series 2021A Bond during a period beginning at the opening of
business 15 days before the date of mailing of a notice of redemption of the Series 2021A Bonds
selected for redemption and ending on the close of business on the day of such mailing, or (b) to
register the transfer of or exchange of any Series 2021A Bond so selected for redemption in whole
or in part, except the unredeemed portion of the Series 2021A Bonds being redeemed in part.
The City, the Trustee and the Transfer Agent may treat and consider the person in whose
name each Series 2021A Bond is registered in the registration books kept by the Trustee as the
Holder and absolute owner of such Series 2021A Bond for the purpose of payment of Principal of
and interest on such Series 2021A Bond and for all other purposes whatsoever.
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SECURITY FOR THE SERIES 2021A BONDS
PLEDGED EXCISE TAXES
The Series 2021A Bonds will be special limited obligations of the City, payable solely
from and secured solely by a pledge of the Revenues, or the Pledged Excises Taxes, which consist
of the Local Sales Taxes, the Municipal Energy Taxes, the Telecommunications Taxes, the Energy
Franchise Fees, the Public Utilities Franchise Fees and the Cable Franchise Fees, each of which is
described in more detail below.
Local Sales Taxes. The Local Sales and Use Tax Act, Title 59, Chapter 12, Part 2, Utah
Code (the ), provides that each county, city and town in the State
may levy a local sales and use tax of up to 1.00% on the purchase price of taxable goods and
services. The legislative intent contained in the Local Sales and Use Tax Act is to provide an
additional source of revenues to counties and municipalities that is to be used to finance their
capital outlay requirements and to service their bonded indebtedness. The City has levied the
Local Sales Taxes at the maximum legal rate of 1.00%.
Sales tax is imposed on the amount paid or charged for sales of tangible personal property
in the State and for services rendered in the State for the repair, renovation or installation of
tangible personal property. Use tax is imposed on the amount paid or charged for the use, storage
or other consumption of tangible personal property in the State, including services for the repair,
renovation or installation of such tangible personal property. Sales and use taxes also apply to
leases and rentals of tangible personal property if the tangible personal property is in the State, the
lessee takes possession in the State or the tangible personal property is stored, used or otherwise
consumed in the State.
In addition to the Local Sales Taxes levied by the City, the State levies a statewide sales
and use tax (the ) which is currently imposed at a rate of 4.85% of the purchase
price of taxable goods and services, excluding unprepared food and food ingredients. Sales of
unprepared food and food ingredients are taxed at a rate of 1.75%. The State also levies a 2.00%
tax on sales of natural gas, electricity and fuel oil for residential use. The Statewide Tax is not
pledged to payment of the Series 2021A Bonds and is paid to the State.
In addition to the sales and use taxes described above, counties and cities in the State are
authorized to impose certain additional sales and use taxes for various purposes as authorized by
State law. As of September 1, 2021, the combined sales and use tax levied on taxable goods and
is comprised of certain of the various sales taxes mentioned in the preceding sentence, the
Statewide Tax and the Local Sales Taxes. However, only the 1.00% portion of the revenues
derived from the collection of these sales and use taxes makes up the Local Sales Taxes pledged
to the payment of the debt service on the Series 2021A Bonds.
Local sales and use taxes, including the Local Sales Taxes, are collected by the Tax
Commission and distributed on a monthly basis to each county, city and town. The distributions
to the City are based on a formula, which provides that (a) 50% of each dollar of sales tax
- 16 -
collections will be distributed on the basis of the population of the local government and (b) 50%
of each dollar of sales tax collections will be distributed on the basis of the point of sale.
For the Fiscal Year Ended June 30, 2019, the City budgeted Local Sales Tax revenues of
$62,950,961 and the City actually received revenues of $ . For the Fiscal Year Ended
June 30, 2020, the City initially budgeted Local Sales Tax revenues of $ , which was
subsequently revised to be $ , and the City actually received revenues of $ .
The City budgeted Local Sales Tax revenues of $ for the fiscal year ending June 30,
2021; the City is currently projecting Local Sales Tax revenues of approximately $
for the fiscal year ending June 30, 2021 (which is based on actually collections of $
through , 2021).
The City is not legally allowed to provide actual dollar figures of sales and use tax
collections by specific businesses. However, during the Fiscal Year Ended June 30, 2020, of the
top 50 businesses, only [eight] of such businesses generated at least 1% of the total Local Sales
Taxes collected in the City. Together, these [eight] businesses generated _% of the Local Sales
Tax revenues generated in the City. No single business accounted for more than % of the
Tax revenues. The five largest industry segments collecting the sales and
use taxes include automotive, eating and drinking, grocery stores, non-durable goods and
retail/miscellaneous.
Municipal Energy Taxes. The Municipal Energy Sales and Use Tax Act, Title 10,
Chapter 1, Part 3, Utah Code (the Energy Tax ) authorizes cities or towns to levy
a municipal sales and use tax of up to 6% of the sale or use of taxable energy. The municipal
energy sales and use tax is levied on the value of the sale or use of gas and electricity (including
the value of the energy and the costs typically incurred in providing such energy in usable form to
the customer). Certain limited transactions are exempted from the tax.
The sale or use of all taxable energy within the City is being taxed at the maximum rate of
6% under the Municipal Energy Tax Act.
Municipal energy sales and use taxes, including the Municipal Energy Taxes, are collected
by the Tax Commission and transferred (less certain administrative fees) monthly to each city or
town based on the point of sale or the point of use. Under certain circumstances, municipal energy
sales and use taxes may be collected by the energy supplier and distributed directly to the
applicable city or town. Under the applicable franchise agreement, Energy Franchise Fees are
collected by the applicable energy provider and distributed to the City each month.
For the Fiscal Year Ended June 30, 2019, the City budgeted Municipal Energy Tax
revenues of $6,005,845 and the City actually received $ of such revenues. For the
Fiscal Year Ended June 30, 2020, the City budgeted Municipal Energy Tax revenues of
$ [, which was subsequently revised to be $ ,] and the City actually received
$ of such revenues. The City budgeted Municipal Energy Tax revenues of
$ for the fiscal year ending June 30, 2021; the City is currently projecting Municipal
Energy Tax revenues of approximately $ for the fiscal year ending June 30, 2021
(which is based on actual collections of $ through , 2021).
- 17 -
Telecommunications Taxes. The Municipal Telecommunications License Tax Act, Title
10, Chapter 1, Part 4, Utah Code (the ), provides that a
city or town may levy on and provide that there is collected from a telecommunications provider
that are attributed to such city or town. The gross receipts from a telecommunication service are
attributable to a municipality if the gross receipts are for telecommunication service that is located
within the municipality. The City collects the Telecommunications Taxes at the maximum legal
rate of 3.50%.
Telecommunication license taxes, including the Telecommunication Taxes, are collected
by the Tax Commission and transferred (less certain administrative fees) monthly to each city or
town.
For the Fiscal Year Ended June 30, 2019, the City budgeted Telecommunications Tax
revenues of $5,928,300 and the City actually received $ of such revenues. For the
Fiscal Year Ended June 30, 2020, the City budgeted Telecommunications Tax revenues of
$ [, which was subsequently revised to be $ ,] and the City actually
received $ of such revenues. The City budgeted Telecommunications Tax revenues
of $ for the fiscal year ending June 30, 2021; the City is currently projecting
Telecommunications Tax revenues of approximately $ for the fiscal year ending June
30, 2021 (which is based on actual collections of $_ through , 2021).
Public Utilities Franchise Fees. The City requires the Public Utilities Department of the
City to pay the City a franchise fee equal to 6% of the gross revenues received by the department
from the operation of the public utility. The purpose of the Public Utilities Franchise Fee is to
The Public Utilities
Department collects the Public Utilities Franchise Fee in its billing for water, sewer and stormwater
services rendered within City limits. The Public Utilities Franchise Fees collected by the Public
month.
For the Fiscal Year Ended June 30, 2019, the City budgeted Public Utilities Franchise Fee
revenues of $1,500,000 and the City actually received $ of such revenues. For the
Fiscal Year Ended June 30, 2020, the City budgeted Public Utilities Franchise Fee revenues of
$ [, which was subsequently revised to be $ ,] and the City actually
received $ of such revenues. The City budgeted Public Utilities Franchise Fee
revenues of $ _ for the fiscal year ending June 30, 2021; the City is currently projecting
Public Utilities Franchise Fee revenues of approximately $ for the fiscal year ending
June 30, 2021 (which is based on actual collections of $ through , 2021).
Cable Franchise Fees. The City requires that grantees of a cable franchise within the City
pay a franchise fee equal to 5% of the gross revenues received from the operation of the cable
system. Cable Franchise Fees are calculated on a quarterly basis and are due and payable 90 days
after the close of the quarter. Any Cable Franchise Fees that have not been paid when due shall
bear interest at a rat
billing records.
- 18 -
For the Fiscal Year Ended June 30, 2019, the City budgeted Cable Franchise Fee revenues
of $1,500,000 and the City actually received $ of such revenues. For the Fiscal Year
Ended June 30, 2020, the City budgeted Cable Franchise Fee revenues of $ [, which
was subsequently revised to be $ ,] and the City actually received $ of
such revenues. The City budgeted Cable Franchise Fee revenues of $ for the fiscal
year ending June 30, 2021; the City is currently projecting Cable Franchise Fee revenues of
approximately $ for the fiscal year ending June 30, 2021 (which is based on actual
collections of $ through , 2021).
Unpaid Pledged Sales and Use Taxes. A sales and use tax, including the Pledged Sales
and Use Taxes, due and unpaid constitutes a debt due from the vendor and may be collected,
together with interest, penalty, and costs, by appropriate judicial proceeding within three years
after the vendor is delinquent. Furthermore, if a sales and use tax is not paid when due and if the
vendor has not followed the procedures to object to a notice of deficiency, the Tax Commission
may issue a warrant directed to the sheriff of any county commanding the sheriff to levy upon and
sell the real and personal property of a delinquent taxpayer found within such county for the
payment of the tax due. The amount of the warrant shall have the force and effect of an execution
against all personal property of the delinquent taxpayer and shall become a lien upon the real
property of the delinquent taxpayer in the same manner as a judgment duly rendered by any district
court.
HISTORICAL PLEDGED EXCISE TAXES
The following table shows the amounts of the various taxes and fees comprising the
Pledged Excise Taxes received by the City for the fiscal year indicated.
FOR FISCAL YEARS ENDING,
2016 2017 2018 2019 2020
Local Sales Taxes $53,668,768 $57,119,114 $61,864,444
Municipal Energy Taxes 6,006,857 5,657,134 6,076,010
Energy Franchise Fees 17,276,680 17,199,887 16,268,082
Telecommunications Taxes 4,597,927 4,307,968 3,939,380
Public Utilities Franchise Fees 4,419,967 5,092,648 5,512,325
Cable Franchise Fees 1,577,212 1,561,856 1,482,352
Total Pledged Excise Taxes $87,547,411 $90,938,607 $95,142,593
Percentage Change from Prior Year 1.97% 3.87% 4.62%
(Source: The City.)
STATE PLEDGE OF NONIMPAIRMENT
In accordance with Section 11-14-307, Utah Code, the State pledges and agrees with the
Holders of the Series 2021A Bonds that it will not alter, impair or limit the Pledged Excise Taxes
in a manner that reduces the amounts to be rebated to the City which are devoted or pledged for
the payment of the Series 2021A Bonds until the Series 2021A Bonds, together with applicable
- 19 -
interest, are fully met and discharged; provided, however, that nothing shall preclude such
alteration, impairment or limitation if and when adequate provision shall be made by law for the
protection of the Holders of the Series 2021A Bonds.
The City notes that this provision has not been interpreted by a court of law and, therefore,
the City cannot predict the extent that such provision would (a) be upheld under constitutional or
other legal challenge, (b) protect the current rates and collection of all Pledged Excise Taxes, or
(c) impact any other aspect of Pledged Excise Taxes.
FLOW OF FUNDS
To secure the timely payment of the Principal of and interest on the Series 2021A Bonds,
the City has pledged and assigned to the Trustee the Revenues and all moneys in the funds and
accounts (except the Rebate Fund, if any) established by the Indenture. The Indenture establishes
a Principal and Interest Fund, to be held by the Trustee and a Revenue Fund to be held by the City
and certain other funds and accounts.
In general, the Indenture requires that all Revenues be deposited into the Revenue Fund
and that the City transfer, on or before the last Business Day of each month, from the Revenue
Fund (a) first, the amount, if any, required so that the balance in each of the Series Subaccounts in
the Bond Service Account equals the Accrued Debt Service on the related Series of Bonds and (b)
second, the amount, if any, required to be deposited into the Series Subaccounts in the Debt Service
Reserve Account. Following such deposits, the City is to retain in the Revenue Fund the amount
estimated to be required for deposits described in (a) and (b) above in the next succeeding month.
Any remaining Revenues may be used by the City, free and clear of the lien of the Indenture. For
a more detailed description of application of Revenues under the Indenture see
PPENDIX B MASTER TRUST INDENTURE Section 5.05. Revenues; Revenue and
Section 5.06. Flow of
NO DEBT SERVICE RESERVE
General. The Indenture requires the establishment of a separate Series Subaccount in the
Debt Service Reserve Account for each Series of Bonds, including each Series of the Series 2021A
Bonds. The Supplemental Indenture relating to each Series of Bonds is required to specify the
Debt Service Reserve Requirement for the applicable Series of Bonds that is to be on deposit in
the related Series Subaccount. Each Series Subaccount in the Debt Service Reserve Account
secures only the related Series of Bonds. For more information regarding the Debt Service Reserve
PPENDIX B MASTER TRUST INDENTURE Section 5.08. Principal and Interest
Fund - Debt Service Reserve
Bonds. Although the _ Supplemental Trust Indenture creates a Series 2021A
Debt Service Reserve Subaccount, the Series 2021A Debt Service Reserve Requirement is equal
to $-0- and no amounts will be on deposit in the Series 2021A Debt Service Reserve Subaccount
as a reserve for the Series 2021A Bonds.
- 20 -
OUTSTANDING PARITY BONDS
When the Series 2021A Bonds are issued, the Outstanding Parity Bonds will also be
outstanding under the Master Indenture in the aggregate principal amount of $ (which
amount excludes the Refunded Bonds). The Series 2021A Bonds, the Outstanding Parity Bonds
and any Additional Bonds are equally and ratably secured under the terms of the Master Indenture.
ADDITIONAL BONDS
Whenever the City determines to issue any Additional Bonds under the Indenture, the
following requirements must be met:
(a) The City must execute and deliver to the Trustee (among other things) the
following documents:
(i) a Written Certificate of the City setting forth the Principal amount
of the Additional Bonds, the Debt Service for each Fiscal Year of such Additional
Bonds and the Aggregate Debt Service for all Outstanding Bonds, including the
Additional Bonds being issued; and
(ii) a Written Certificate of the City demonstrating (A) in the case of
Additional Bonds issued to finance a Project, that the Revenues for any Year within
the 24 calendar months next preceding the authentication and delivery of the
Additional Bonds proposed to be issued are equal to or greater than 200% of the
Maximum Annual Debt Service on all Outstanding Bonds upon the issuance of the
Additional Bonds proposed to be issued; or (B) in the case of Additional Bonds
issued to refund Bonds issued under the Indenture, either (I) that the Aggregate
Debt Service on the Additional Bonds being issued to refund prior Bonds is no
greater than 100% of the Aggregate Debt Service on the Bonds being refunded for
each Fiscal Year to and including the schedule of final maturity of the Bonds being
refunded, or (II) that the Revenues are equal to or greater than 200% of the
Maximum Annual Debt Service on all Bonds Outstanding upon the issuance of the
refunding Bonds; and
(b) The proceeds of Additional Bonds issued under the Indenture must be used
to (i) refund Bonds issued under the Indenture or other obligations of the City or its Local
Building Authority (including the funding of necessary reserves and the payment of costs
of issuance) and/or (ii) to finance or refinance a Project.
The City may, in determining the Maximum Annual Debt Service on all Outstanding
Bonds and in accordance with the terms of the Indenture, reduce the Debt Service on any Series
of Bonds for any Fiscal Year by (1) the amount of capitalized interest available to pay interest on
such Bonds in such Fiscal Year and (2) the Special Revenues (defined below) pledged to pay such
Debt Service in an amount equal to either (x) the average of the Special Revenues received by the
City for the past three Fiscal Years or (y) 75% of the Special Revenues received by the City for
the immediately preceding Fiscal Year, each as reflected in the applicable audited financial
- 21 -
statements of the City filed with the Trustee; provided however, the Special Revenues applied in
either (x) or (y) above to reduce the Debt Service on a Series of Bonds for a particular Fiscal Year
are not to exceed the Debt Service on such Series of Bonds for said Fiscal Year.
as defined in the Master Indenture, means any legally available moneys or income
from an enterprise of the City or any other source available to the City that are pledged to the
payment of one or more Series of Bonds as provided in a Supplemental Indenture. If Special
Revenues are to be used in connection with the determination of Maximum Annual Debt Service,
then the City is to deliver to the Trustee (a) confirmation from each Rating Agency then
maintaining a rating on any Outstanding Bonds that the pledge of Special Revenues will not result
in the reduction or withdrawal of any rating on any Outstanding Bonds and (b) an Opinion of Bond
Counsel of nationally recognized standing in the field of law relating to municipal bonds to the
effect that such pledge of Special Revenues will not adversely affect the tax-exempt status of any
Bonds then Outstanding. No Outstanding Bonds are currently secured by a pledge of Special
Revenues.
- 22 -
DEBT SERVICE SCHEDULE ON THE SERIES 2021A BONDS AND THE
OUTSTANDING PARITY BONDS
The following table sets forth the debt service requirements on the Series 2021A Bonds
and the Outstanding Parity Bonds:
FISCAL
YEARS
ENDING SERIES 2021A BONDS
OUTSTANDING
PARITY
TOTAL
DEBT
JUNE 30 PRINCIPAL* INTEREST BONDS(1) SERVICE
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
TOTAL(2)
* Preliminary; subject to change.
(1) After giving effect to the refunding of the Refunded Bonds. Includes principal and interest.
(2) Totals may not add due to rounding.
Based on the average amount of the Pledged Excise Taxes actually received by the City
over the past 5 fiscal years ($_ ), and the anticipated maximum total debt service shown
above ($ ), the average amount of the Pledged Excise Taxes received by the City is
times the maximum total debt service. See ECURITY FOR THE SERIES 2021A
BONDS Pledged Excise herein.
- 23 -
RISK FACTORS
The purchase of the Series 2021A Bonds involves certain investment risks. Accordingly,
each prospective purchaser of the Series 2021A Bonds should make an independent evaluation of
all of the information presented in this Official Statement in order to make an informed investment
decision. Certain of these risks are described below; however, it is not intended to be a complete
representation of all the possible risks involved.
UNCERTAINTY OF REVENUES
The amount of Pledged Excise Taxes to be collected by the City is dependent on a number
of factors beyond the control of either the City or the State, including, but not limited to, current
economic conditions and weather patterns. Any one or more of these factors could result in the
City receiving less Pledged Excise Tax revenues than anticipated. For example, during periods in
which economic activity declines, Local Sales Taxes are likely to decline as compared to an earlier
year. In addition, Pledged Excise Taxes are dependent on the volume of the transactions subject
to the tax. From time to time, proposals have been made by the Utah State Legislature to remove
certain types of purchases from the sales and use taxes or to change the method of distributing the
sales and use taxes. See ECURITY FOR THE SERIES 2021A BONDS State Pledge of
above. In addition, the State (like many other states) has recognized the potential
reduction in sales tax revenues as a result of purchases made through the internet and other non-
traditional means. The City cannot predict what impact these items may have on the Pledged
Excise Taxes it receives.
THE SERIES 2021A BONDS ARE LIMITED OBLIGATIONS
The Series 2021A Bonds are special limited obligations of the City, payable solely from
the Revenues, moneys, securities and funds pledged therefor in the Indenture. The Series 2021A
Bonds do not constitute general obligation indebtedness or a pledge of the ad valorem taxing power
or the full faith and credit of the City, and are not obligations of the State or any other agency or
other political subdivision or entity of the State. The City will not mortgage or grant any security
interest in the improvements refinanced with the proceeds of the Series 2021A Bonds or any
portion thereof to secure payment of the Series 2021A Bonds.
LIMITATION ON INCREASING RATES FOR PLEDGED EXCISE TAXES
The City currently either levies the maximum tax rate (taking into account any credit for
franchise fees) allowed under State law for all component taxes making up the Pledged Excise
Taxes or is limited by contract and by State law in its ability to increase franchise fees. No
assurance can be given that the Pledged Excise Taxes will remain sufficient for the payment of the
Principal or interest on the Series 2021A Bonds and the City is limited by State law in its ability
to increase the rate of such Pledged Excise Taxes.
- 24 -
POSSIBLE USE OF SPECIAL REVENUES TO MEET ADDITIONAL BONDS TEST; RELIANCE ON RATING
AGENCIES
In determining the Maximum Annual Debt Service for purposes of meeting the coverage
requirements under the Indenture in order to issue Additional Bonds, the City, at its option, may
apply Special Revenues up to a certain amount as an assumed reduction in Debt Service on an
Outstanding Series of Bonds. HE SERIES 2021A BONDS As a
condition (among others) to including Special Revenues for this purpose, each Rating Agency then
maintaining a rating on any Outstanding Bonds must confirm the rating on the Outstanding Bonds.
the inclusion by the City of Special Revenues in the determination of Maximum Annual Debt
Service with respect to any future Additional Bonds, if such Special Revenues are pledged to such
Bonds. Additionally, the inclusion of Special Revenues could potentially dilute the coverage ratio
of Pledged Revenues to Maximum Annual Debt Service. The City currently has no plans to apply
Special Revenues for a Series of Bonds.
THE CITY
CITY OFFICIALS
The City has a Council-Mayor form of government. The City Council consists of seven
members, who are elected by voters within seven geographic districts of approximately equal
population. The Mayor is elected at large by the voters of the City and is charged with the
executive and administrative duties of the government.
The seven-member, part-time City Council is charged with the responsibility of performing
the legislative functions of the City. The City Council performs three primary functions: it passes
laws for the City, adopts the City budget and provides administrative oversight by conducting
management and operational audits of City departments.
Term information concerning the Mayor and the members of the City Council is set forth
below:
OFFICE DISTRICT PERSON
YEARS IN
SERVICE
EXPIRATION OF
CURRENT TERM
Mayor Erin J. Mendenhall 1* January 2024
Council Chair #7 Amy Fowler 3 January 2022
Council Vice Chair #1 James Rogers 7 January 2022
Council Member #6 Daniel Dugan 1 January 2024
Council Member #2 Dennis Faris** 0 January 2022
Council Member #5 Darin Mano 1 January 2022
Council Member #4 Analia Valdemoros 2 January 2024
Council Member #3 Chris Wharton 3 January 2022
* Mayor Mendenhall previously served 6 years as a council member before being elected mayor.
- 25 -
** Council Member Faris was appointed on May 13, 2021 to fill the seat of Andrew Johnston who resigned on
, 2021.
CITY ADMINISTRATION
The offices of Chief of Staff, City Attorney, City Recorder and City Treasurer are
appointive offices.
Rachel Otto, Chief of Staff, before becoming Mayor chief of staff in
November 2019, worked as Government Relations Director for the Utah League of Cities and
Towns. In that capacity, she developed policy and advocated for local government at the Utah
State Legislature. Rachel, trained as an attorney, also served as a deputy city attorney for West
Jordan, assistant city attorney for South Jordan, and worked in private practice for several years
after graduating from the University of College of Law in 2008.
Katherine N. Lewis, City Attorney, was appointed as the Salt Lake City Attorney in January
2020. Ms. Lewis received her law degree from the University of Utah S.J. Quinney College of
Law in 2007 and received her undergraduate degree from Colorado State University in 2001. Ms.
m 2013-2020 prior
to being appointed the City Attorney. She worked in private practice at Parsons Behle & Latimer
prior to joining the Salt Lake City Office.
Cindy Lou Trishman, City Recorder, was appointed on June 3, 2020. Prior to this position,
Ms. Trishman was employed by the Salt Lake City Council. Her duties included team
management, inauguration and transition of newly elected officials, elected official vacancy
coordination, enhancing government transparency efforts and building process improvements.
Ms. Trishman holds a Bachelor of Science degree in Business and English.
Marina Scott, City Treasurer, was appointed to her position on June 4, 2013. From
December 2006 until her appointment, Ms. Scott was Deputy Treasurer for the City; and from
September 2005 until December 2006 she served as an Accountant III for the Public Services
Department. Ms. Scott holds a Bachelor of Science degree in Accounting, and a Master of
Professional Accountancy from Weber State University. She also holds a Master of Arts in Library
and Information Science from Vilnius State University.
CITY FUND STRUCTURE; ACCOUNTING BASIS
The accounts of the City are organized on the basis of funds, each of which is considered
to be a separate accounting entity. The operations of each fund are accounted for by providing a
separate set of self-balancing accounts that comprise its assets, liabilities, fund balance or net
assets, revenues, and expenditures or expenses. The various funds are grouped by type in the basic
financial statements.
Revenues and expenditures are recognized using the modified accrual basis of accounting
in all governmental funds. Revenues are recognized in the accounting period in which they
become both measurable and available. means that amounts can be reasonably
- 26 -
determined within the current period.
current period or soon enough thereafter to be used to pay liabilities of the current period. The
City uses 60 days as a cutoff for meeting the available criterion. Property taxes are considered
Any
amounts not available are recorded as deferred revenue. Franchise taxes are considered
that time. Other revenues that are determined to be susceptible to accrual include grants-in-aid
earned and other intergovernmental revenues, charges for services, interest, assessments, interfund
service charges, and proceeds of the sale of property. Property taxes and assessments are recorded
as receivables when assessed; however, they are reported as deferred revenue until the
criterion has been met. Sales and use taxes collected by the State and remitted to the City within
the time period are recognized as revenue. Revenues collected in advance are deferred
and recognized in the period to which they apply.
In proprietary funds, revenues and expenses are recognized using the accrual basis of
accounting. Revenues are recognized in the accounting period in which they are earned and
become measurable and expenses are recognized in the period incurred.
FINANCIAL CONTROLS
The City utilizes a computerized financial accounting system which includes a system of
budgetary controls. State law requires budgets to be controlled by individual departments, but the
City also maintains computerized control by major categories within departments. These
computerized controls are such that a requisition cannot be entered into the purchasing system
unless the appropriated funds are available. The system checks for sufficient funds again, prior to
the purchase order being issued, and again before the payment check is issued. Voucher payments
are also controlled by the computer for sufficient appropriations.
BUDGET AND APPROPRIATION PROCESS
The budget and appropriation process of the City is governed by the Uniform Fiscal
Procedures Act for Utah Cities, Title 10, Chapter 6, of the Utah Code (the
). Pursuant to the Fiscal Procedures Act, the budget officer of the City is required to prepare
budgets for the General Fund, Special Revenue Funds, Debt Service Funds and Capital
Improvement Fund. These budgets are to provide a complete financial plan for the budget (ensuing
fiscal) year. Each budget is required to specify, in tabular form, estimates of anticipated revenues
and appropriations for expenditures. Under the Fiscal Procedures Act, the total of anticipated
revenues must equal the total of appropriated expenditures.
On or before the first regular meeting of the City Council in May of each year, the budget
officer is required to submit to the City Council tentative budgets for all funds for the Fiscal Year
commencing July 1. Various actual and estimated budget data are required to be set forth in the
tentative budgets. The budget officer may revise the budget request submitted by the heads of City
departments, but must file these submissions with the City Council together with the tentative
budget. The budget officer is required to estimate in the tentative budget the revenue from
nonproperty tax sources available for each fund and the revenue from general property taxes
- 27 -
required by each fund. The tentative budget is then provisionally adopted by the City Council,
with any amendments or revisions that the City Council deems advisable prior to the public
hearings on the tentative budget. After public notice and hearing, the tentative budget is adopted
by the City Council, subject to further amendment or revisions by the City Council prior to
adoption of the final budget.
Prior to June 30th of each year, the final budgets for all funds are adopted by the City
Council. The Fiscal Procedures Act prohibits the City Council from making any appropriation in
the final budget of any fund in excess of the estimated expendable revenue of such fund. The
adopted final budget is subject to amendment by the City Council during the Fiscal Year.
However, in order to increase the budget total of any fund, public notice and hearing must be
provided. Intra- and inter-department transfers of appropriation balances are permitted upon
compliance with the Fiscal Procedures Act.
The amount set forth in the final budget as the total amount of estimated revenue from
property taxes constitutes the basis for determining the property tax levy to be set by the City
Council for the succeeding tax year.
INSURANCE COVERAGE
The City is largely self-insured for general liability exposures, except for liability incurred
on premises owned, rented, or occupied by the Department of Airports (the ). The City
carries Commercial Excess Liability Insurance with $1,000,000 self-insured retention per
occurrence. Limits of coverage are as follows: $2,000,000 per occurrence general liability;
$4,000,000 general aggregate; $2,000,000 combined single limit commercial auto liability;
$2,000,000 public officials and employment practices liability; and $2,000,000 law enforcement
liability. The City also carries Cyber Liability insurance with a $5,000,000 limit and $50,000
deductible. The Airport carries Commercial General Liability insurance with a $500,000,000
policy limit and no deductible. The Governmental Immunity Fund (an internal service fund) has
been established to pay liability claims other than those covered by the Airport policy, along with
certain litigation expenses.
The City carries an all risk Property Insurance policy (the ) with a $500,000,000
aggregate limit and a $100,000 deductible. Sub-limits include: (1) earthquake limit of
$125,000,000 aggregate; (2) flood limit of $100,000,000 aggregate with $250,000 deductible for
facilities located outside the standard report zone and $500,000 deductible for three identified
properties; and (3) dams and appurtenant structures of $30,000,000 aggregate except for Mountain
Dell, which carries a $60,000,000 aggregate limit. Business interruption and extra expense are
covered at $10,000,000. Terrorism loss is covered at $5,000,000. The City is self-insured for
property loss above the limits and below the deductibles. The operating departments of the General
Fund or proprietary funds assume financial responsibility for risk retained by the City for property
damage.
The Airport is covered by a separate all risk Property Insurance policy with a $500,000,000
limit, subject to sub-limits and a $100,000 deductible. Locations covered include Salt Lake City
International Airport, South Valley Regional Airport, and Tooele Valley Airport. Boiler and
- 28 -
machinery carries a deductible of $100,000. Flood carries a sub-limit of $150,000,000 and Earth
movement carries sub-limit of $100,000,000 with a 2% deductible per unit, subject to a $100,000
minimum and $5,000,000 maximum in any one occurrence (defined as a 168-hour period).
Windstorm or hail carries a $500,000,000 limit, subject to a minimum $100,000 deductible per
occurrence. Time element including business interruption, extra expense, rental value, and rental
income is covered at $200,000,000 with a $100,000 deductible. Sub-limits apply for debris
removal ($25,000,000), valuable papers and records ($25,000,000), errors and omissions
($10,000,000), and named storm ($500,000,000).
The Treasurer, Deputy Treasurer, and Chief Financial Officer are each covered under
$10,000,000 public official bonds. The City also has a Government Crime policy covering (1)
employee theft with a $1,000,000 limit and $20,000 deductible; (2) forgery or alteration with a
$25,000 limit and $1,000 deductible; (3) theft of money and securities with a $50,000 limit and
$2,500 deductible; (4) robbery or safe burglary with a $50,000 limit and $2,500 deductible; (5)
money orders and counterfeit money with a $50,000 limit and $2,500 deductible; and (6) computer
fraud and funds transfer fraud, each carrying $1,000,000 limits and $20,000 deductibles.
The City purchases excess compensation insurance with a $30,000,000 limit and
a $750,000 self-insured retention per occurrence. The City is self-insured for losses above the
limits and below the deductibles. Further, the City is self-insured for unemployment. The Risk
Management Fund (an internal service fund) has been established to pay these claims along with
health insurance premiums and certain administrative expenses. During the past three fiscal years,
there have been no settlements that exceeded the self-insured retentions.
See PPENDIX A SALT LAKE CITY CORPORATION FINANCIAL STATEMENTS FOR THE
FISCAL YEAR ENDED JUNE 30, 2020 Notes to Financial Statements Note 11 Risk
INVESTMENT POLICY
City Policy. It is the policy of the City to invest public funds in accordance with the
principles of sound treasury management and in compliance with State and local laws, regulations,
and other policies governing the investment of public funds, specifically, according to the terms
and conditions of the State Money Management Act of 1974 and Rules of the State Money
Management Council as currently amended (the
written investment policy. The following investment objectives, in order of priority, are met when
investing public funds: safety of principal, need for liquidity, and maximum yield on investments
consistent with the first two objectives.
The City may use investment advisers to conduct investment transactions on its behalf as
permitted by the Money Management Act and local ordinance or policy. Investment advisers must
be certified by the Director of the Utah State Division of Securities of the Department of
Commerce (the ). Broker/dealers and agents who desire to become certified dealers
must be certified by the Director and meet the requirements of the Money Management Act. Only
qualified depositories as certified by Commissioner of Financial Institutions are eligible to
receive and hold deposits of public funds. The State Money Management Council issues a
- 29 -
quarterly list of certified investment advisers, certified dealers, and qualified depositories
authorized by State statute to conduct transactions with public treasurers. Transactions involving
authorized deposits or investments of public funds may be conducted only through issuers of
securities authorized by Section 51-7-11(3) of the Utah Code, qualified depositories included in
the current State list, and certified dealers included in the current State list. The City Treasurer
must take delivery of all investments purchased, including those purchased through a certified
investment adviser. This may be accomplished by the City Treasurer taking physical delivery of
the security or delivering the security to a bank or trust company designated by the City Treasurer
for safekeeping. The City Treasurer may use a qualified depository bank for safekeeping securities
or maintain an account with a money center bank for the purpose of settling investment
transactions and safekeeping and collecting those investments.
City policy provides that not more than 25% of total City funds or 25% of the qualified
Not
more than 20% of total City funds may be invested in any one certified out-of-state depository
institution. However, there is no limitation placed on the amount invested with the Utah Public
) and other money market mutual funds, provided that the
overall standards of investments achieve the policy objectives.
All funds pledged or otherwise dedicated to the payment of interest on and principal of
bonds or notes issued by the City are invested in accordance with the terms and borrowing
instruments applicable to such bonds or notes. City policy also provides that the remaining term
to maturity of an investment may not exceed the period of availability of the funds invested. The
investment of City funds cannot be of a speculative nature.
portfolio is currently in compliance with all of the provisions of the
Money Management Act.
The Utah Public Investment Fund. The PTIF is a local government investment
fund, established in 1981, and managed by the State Treasurer. Currently the City has
approximately $[1.1 billion] on deposit in the PTIF, representing a substantial portion of the
funds. All investments in the PTIF must comply with the Money Management Act and rules of
the State Money Management Council. The PTIF invests primarily in money market securities.
Securities in the PTIF include certificates of deposit, commercial paper, short-term corporate
notes, obligations of the U.S. Treasury and securities of certain agencies of the federal
government. By policy, the maximum weighted average adjusted life of the portfolio is not to
exceed 90 days and the maximum final maturity of any security purchased by the PTIF is limited
to five years. Safekeeping and audit controls for all investments owned by the PTIF must comply
with the Money Management Act.
All securities purchased are delivered versus payment to the custody of the State Treasurer
or the State safekeeping bank, assuring a perfected interest in the securities. Securities
owned by the PTIF are completely segregated from securities owned by the State. The State has
no claim on assets owned by the PTIF except for any investment of State moneys in the PTIF.
Deposits are not insured or otherwise guaranteed by the State.
- 30 -
Investment activity of the State Treasurer in the management of the PTIF is reviewed
monthly by the State Money Management Council and is audited by the State Auditor.
The information in this section concerning the current status of the PTIF has been obtained
from sources the City believes to be reliable, but the City takes no responsibility for the accuracy
thereof.
See PPENDIX A SALT LAKE CITY CORPORATION FINANCIAL STATEMENTS FOR THE
FISCAL YEAR ENDED JUNE 30, 2020 Notes to the Financial Statements Note 2 Cash, Cash
Equivalents and below.
EMPLOYEE WORKFORCE AND RETIREMENT SYSTEM; POSTEMPLOYMENT BENEFITS
Employee Workforce and Retirement System. The City currently employs approximately
[2,954] full-time employees and approximately [387] hourly and part-time employees for a total
employment of approximately [3,341] employees. The City participates in three cost-sharing
multiple-employer public employee retirement systems and one multiple-employer agent system
which are defined benefit retirement plans covering public employees of the State and employees
of participating local governmental entities (the ). The Systems are administered under
the direction of the Utah State Retirement Board whose members are appointed by the Governor
of the State. See PPENDIX B SALT LAKE CITY CORPORATION FINANCIAL STATEMENTS FOR THE
FISCAL YEAR ENDED JUNE 30, 2019 Notes to Financial Statements Note 6 Long-Term
Note 12 Pension and Note 13 Defined Contribution Savings
Retirement Liability. The City participates with the Utah Retirement System ().
URS is funded and administered by the State. Each year, as approved by the State Legislature,
URS sets rates, enacts rules, and implements policies related to the pensions and benefits the City
retirees receive. Starting in Fiscal Year 2015, GASB Statement Number 68 requires URS to pass
on pension and retirement liability to public entities it serves, including the City. Working with
the independent auditors and State specialists, this liability has been recorded on the
financial statements for the Fiscal Year ending June 30, 2020 in the amount of $ .
No Other Post-Employment Benefits. The City does not offer other post-employment
benefits.
(The remainder of this page intentionally left blank.)
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DEBT STRUCTURE
For purposes of the information set forth under this section under the heading entitled
Debt the Series 2021A Bonds are considered issued and outstanding.
OUTSTANDING DEBT ISSUES (EXPECTED AS OF CLOSING DATE OF THE SERIES 2021A BONDS) (1)
AMOUNT OF
ORIGINAL ISSUE
FINAL
MATURITY DATE
PRINCIPAL
OUTSTANDING
General Obligation Bonds:
Series 2010B (Public Safety Facilities)
$100,000,000
6/15/2031
$ 59,280,000
Series 2013 (Refunded a portion of Series 2004A) 6,395,000 6/15/2024 2,755,000
Series 2015A Refunding (Taxable Sports Complex) 14,615,000 6/15/2028 8,835,000
Series 2015B Refunding (Open Space) 4,095,000 6/15/2023 1,100,000
Series 2017B Refunding (Refunded portion of Series 2010A) 12,920,000 6/15/2030 12,920,000
Series 2019 Improvement and Refunding (Refunded a portion of
Series 2017A)
22,840,000
6/15/2039
17,155,000
Series 2020 (Streets) 17,745,000 6/15/2040 17,745,000
Total
Water and Sewer Revenue Bonds:
Series 2009 (Taxable)
$ 6,300,000
2/1/2031
$119,790,000
$ 3,150,000
Series 2010 Revenue Bonds 12,000,000 2/1/2031 6,545,000
Series 2011 Revenue Bonds 8,000,000 2/1/2027 3,300,000
Series 2012 Improvement and Refunding Bonds 28,565,000 2/1/2027 8,865000
Series 2017 Improvement and Refunding Bonds 72,185,000 2/1/2037 66,145,000
Series 2020 Improvement Bonds 157,390,000 2/1/2050 157,390,000
Series 2020B Improvement Bonds (WIFIA loan) (2) 348,635,000 8/1/2058 348,635,000
Total
Sales and Excise Tax Revenue Bonds:
$594,030,000
Series 2012A 15,855,000 10/1/2021 $ 680,000
Series 2013B 7,315,000 10/1/2023 1,010,000
Series 2014B 10,935,000 10/1/2034 8,430,000
Series 2016A 21,715,000 10/1/2028 17,910,000
Series 2019A 2,620,000 4/1/2027 2,095,000
Series 2019B (Federally Taxable) 58,540,000 4/1/2038 57,740,000
Series 2021A (Federally Taxable) (3)
Total
25,905,000* 10/1/2034 *
$ *
Motor Fuel Excise Tax Revenue Bonds:
Series 2014 $8,800,000 4/1/2024 $ 2,820,000
Airport Revenue Bonds:
* Preliminary; subject to change.
(1)The Redevelopment Agency of Salt Lake City, a separate entity, has issued bonds, but such bonds are not obligations of the City and are therefore not included in this table. See
PPENDIX B SALT LAKE CITY CORPORATION FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2019 Notes to the Financial Statements Note 6 Long-Term
(2)Closed September 15, 2020. The Series 2020B Bonds are a drawdown loan in the maximum principal amount of $348,635,000. Draws will be made over the next 5 years, but
no draws have currently been made. The initial interest payment is on February 1, 2029 and the initial principal payment is on August 1, 2029.
(3)Expected to close [October 19, 2021].
(4)The Local Building Authority of Salt Lake City is a separate entity. Lease Revenue Bonds are not obligations of the City, but are paid from annually appropriated rental payments
made by the City.
(5)After giving effect to the refunding and defeasance of the Refunded Bonds.
Series 2017A $826,210,000 7/1/2047 $ 826,210,000
Series 2017B 173,790,000 7/1/2047 173,790,000
Series 2018A 753,855,000 7/1/2048 753,855,000
Series 2018B 96,695,000 7/1/2048 96,695,000
Total $1,850,550,000
Local Building Authority Lease Revenue Bonds(4):
Series 2013A(5) $7,180,000 10/15/2023 $ 955,000
Series 2014A(5) 7,095,000 4/15/2023 605,000
Series 2016A 6,755,000 4/15/2037 5,755,000
Series 2017A 8,115,000 4/15/2038 7,555,000
Total $14,870,000
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FUTURE DEBT PLANS
A special bond election held on November 6, 2018 gave voter authorization to the City to
issue up to $87 million in general obligation bonds to fund all or a portion of the costs of improving
various streets and roads throughout the City and related infrastructure improvements. The City
currently has approximately $46,700,000 of authorized, but unissued, bonds from the November
6, 2018 voted authorization, which the City anticipates issuing within the next 5-6 years.
The City will issue approximately $1.15 billion in additional general airport revenue bonds
in the future to complete the $4.1 billion airport reconstruction program. The reconstruction
program is currently expected to be completed by 2024.
Public utilities revenue bonds of approximately $406 million are expected to be issued over
the next seven years to fund the Department of Public Utilities capital improvement program. A
major focus of the budget is the rehabilitation and replacement of aging
infrastructure. The largest planned projects are the new water reclamation facility to meet
regulatory requirements, improvements to three water treatment plants, phased construction of a
new water conveyance line to expand service and provide redundancy, and water, sewer and storm
water utility infrastructure work necessitated by street improvements projects pursuant to the
passage of the general obligation bond for that purpose.
The City analyzes the potential value of refunding bond issues, particularly during periods
of lower than normal interest rates or on an as needed basis and may issue refunding bonds at such
times.
RECENT DEVELOPMENTS {TO BE UPDATED.}
General. Fiscal year 2020 general fund expenses are expected to end very close to budget.
Due to COVID-19 and the March 2020 earthquake (see below) there have been unusual and
unexpected changes in spending. The administration and City Council have provided additional
emergency funding and it is expected that all City departments will be very close to budget at
June 30, 2020.
Overall revenue for fiscal year 2020 is projected to be $5.0 million under budget. Property
tax revenues are expected to be higher than budgeted due to an increase in personal property tax
collections of $1.0 million. Total sales tax revenues are approximately $318,000 under budget.
Franchise tax, interest income and fines are under budget due to the COVID-19 pandemic.
Fund balance for the end of fiscal year 2019 was $67.2 million or 20.85% of total revenues
for the year. The City Council and administration have an internal goal to keep the fund balance
above 14% of total revenue for each fiscal year. In fiscal year 2018 the total fund balance was
$43.5 million (16.0%) and a conservative fund balance estimate for fiscal year 2020 is $47.5
million (14.5%).
Fiscal year 2020 budget grew by approximately 10%, an increase of $28.4 million as
compared to the previous year. Major general fund expense increases were $5.7 million, mostly
- 33 -
associated with salary and benefit cost increases, 66 new positions at a budgeted cost of $3.4
million, a transfer of 68 police officers from the Salt Lake City International Airport at a cost of
$7.7 million funded by the Airport, $4.7 million of transportation initiatives funded through a new
sales tax and an increase in the transfer to the fleet fund of just over $4.3 million.
COVID-19. As the regional employment center, tourism destination, and entertainment
hub for the State, the City has experienced a significant loss of revenues in the wake of the
COVID-19 pandemic. General fund estimated budget to actual losses from March through
December 31, 2020 exceed $14.1 million. The City will incur an estimated $7.1 million in
unbudgeted local expenses in response to this crisis. City revenue analysts are closely monitoring
economic indicators and revenue receipts to quickly respond should additional shortfalls become
apparent.
In response to the impact of COVID-19, the City implemented a hiring freeze, ceased any
planned raises, and made severe cuts to programs. Many departments have been able to
successfully implement telework with little to no impact on City services. For those departments
with employees who can work remotely, there has been a decrease of expenditures and it is
expected that some departments will have expenditures that are under adopted budget. There has
been an increased need for first responders, specifically police, fire, dispatch and public services
requiring additional costs and overtime.
The City has received an initial installment of $5.9 million from the Coronavirus Aid,
Relief, and Economic Security (CARES) Act funding allocated to the State and/or County and
may receive an additional two equal installments of CARES funding in July and October 2020, if
there is any funding remaining. It has not yet been determined if the State or the County will
provide that support. The maximum subsequent allocations would equate to $11.6 million if the
current formula remains, bringing the total sub-allocation of federal funds to the City to $17.4
million.
See also NVESTMENT CONSIDERATIONS Potential Impact of the below.
March 2020 Earthquake. On March 18, 2020 a 5.7 magnitude earthquake occurred in the
township of Magna (located approximately 15 miles west of the City). This event, as well as
subsequent aftershocks caused significant damage to several City buildings, with total damages
estimated at approximately $10,558,600. This projection could change as adjusters and engineers
complete their damage assessments and the City begins to receive repair bids. Other financial
impacts to the City include unexpected overtime due to increased need for first responders,
specifically police, fire, dispatch and public services. The City expects all earthquake-related
insurance less a $100,000 deductible. See Insurance above.
- 34 -
FINANCIAL INFORMATION REGARDING THE CITY
FIVE YEAR FINANCIAL SUMMARY
the fiscal years ended June 30, 2016 through June 30, 2020. The summaries are unaudited. See
PPENDIX A SALT LAKE CITY CORPORATION FINANCIAL STATEMENTS FOR THE FISCAL
YEAR ENDED JUNE 30,
(The remainder of this page intentionally left blank.)
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SALT LAKE CITY CORPORATION, UTAH
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND
(FISCAL YEARS ENDED JUNE 30)
Unaudited
Revenues And Expenditures 2020 2019 2018 2017 2016
Revenues:
General property tax $112,588,053 $104,938,706 $101,731,444 $100,322,860 $ 96,359,007
Sales, use and excise taxes 116,199,002 99,403,846 67,940,454 62,776,248 59,927,247
Franchise taxes 26,863,146 27,238,435 27,286,331 28,418,423 27,972,665
Licenses 13,106,709 16,448,180 15,592,788 15,194,896 14,414,308
Permits 19,490,500 20,417,302 15,015,980 19,792,317 14,274,844
Fines and forfeitures 2,567,145 3,316,215 3,457,569 3,524,067 3,632,916
Interest 2,996,417 4,604,973 2,263,772 805,997 1,000,100
Intergovernmental 5,086,254 6,006,496 5,791,774 6,855,998 5,453,584
Interfund service charges 20,574,064 16,363,849 11,413,982 11,450,521 11,051,279
Parking meter collections 2,771,331 3,509,898 3,404,582 3,463,592 3,324,616
Parking tickets 1,186,561 1,824,561 2,110,245 3,204,769 2,844,690
Rental and other income 760,012 4,618,165 916,512 1,035,637 887,017
Charges for services 3,523,747 955,516 4,755,198 4,323,241 4,063,532
Miscellaneous 4,554,707 5,308,035 6,025,249 5,398,235 5,295,397
Total Revenues 332,267,648 314,954,177 267,705,880 266,566,801 250,501,202
Expenditures:
City Council 3,759,472 3,573,889 3,137,125 3,201,795 2,721,621
Mayor 3,862,232 3,121,458 2,856,010 2,752,337 2,456,932
City Attorney 6,788,279 6,643,806 5,896,933 5,549,139 5,442,492
Finance 7,827,573 7,596,941 6,758,236 6,645,796 6,355,798
Fire 42,336,507 42,266,968 39,165,845 38,251,674 38,203,990
Combined Emergency Services 7,953,949 8,066,766 7,377,133 6,861,592 6,919,161
Police 82,368,338 74,956,306 66,609,711 64,158,367 60,822,121
Community and Neighborhoods 23,407,408 22,291,042 21,409,611 19,903,151 21,240,753
Economic Development 1,985,238 1,689,398 1,650,691 1,190,020 -
Justice Court 4,428,065 4,389,467 4,276,010 4,183,738 4,024,112
Human Resources 2,663,132 2,614,565 2,524,603 2,330,599 2,165,444
Public Services 44,472,172 45,525,224 42,344,796 41,871,303 39,890,516
Nondepartmental 35,162,898 29,585,365 27,602,288 26,450,242 27,761,151
Interest and other fiscal charges - 675,866 583,117 371,509 321,134
Total Expenditures 267,015,263 252,997,061 232,192,109 223,721,262 218,325,225
Revenues Over (Under) Expenditures 65,252,385 61,957,116 35,513,771 42,845,539 32,175,977
Other Financing Sources (Uses):
Proceeds from sale of property 6,484 43,697 9,756 47,703 353,121
Transfers in 6,800,493 7,564,419 8,345,810 7,307,161 5,393,054
Transfers out (62,631,195) (45,855,553) (38,436,009) (40,621,305) (39,803,384)
Total Other Financing Sources (Uses) (55,824,218) (38,247,437) (30,080,533) (33,266,441) (34,057,209)
Net Change in Fund Balances 9,428,167 23,709,740 5,433,238 9,579,098 (1,881,232)
Fund Balance Prior Year (July 1) 79,814,009 56,104,269 50,670,995 41,091,897 42,973,129
Fund Balance Year End (June 30) $89,242,176 $79,814,009 $56,104,269 $50,670,995 $41,091,897
(Source: The Comprehensive Annual Financial Report for the indicated years. This summary has not been audited.)
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SALT LAKE CITY CORPORATION, UTAH
BALANCE SHEET GOVERNMENTAL FUNDS GENERAL FUND
(FISCAL YEARS ENDED JUNE 30)
Unaudited
2020 2019 2018 2017 2016
ASSETS
Cash and cash equivalents:
Unrestricted $ 81,186,718 $ 66,930,200 $ 49,087,093 $ 41,534,741 $ 41,201,923
Restricted 1,479,040 1,214,680 119,303 794,556 388,056
Receivables
Property, franchise and excise 125,990,575 121,146,223 109,657,724 109,140,970 100,934,400
Accounts Receivable* 410,798 585,327 754,799 1,529,553 821,136
Taxes Receivable 6,508,528 9,637,005 7,282,610 7,687,027 8,041,677
Current portion of loans receivables 91,228 105,658 719,155 143,258 161,371
Other, principally accrued interest 3,595 4,048 3,948 -
Prepaids 2,295,517 2,222,173 2,108,725 2,067,816 1,912,583
Noncurrent assets:
Restricted cash and cash equivalents - - - 457,090 1,048,318
Total Assets 217,962,404 201,844,461 169,733,457 163,358,959 154,509,464
LIABILITIES
Accounts payable 4,422,547 3,804,768 3,947,162 3,834,497 3,745,483
Accrued liabilities 12,859,977 11,173,580 10,428,440 8,892,089 14,743,977
Due to other funds for cash overdraft - 2,033,955 - -
Current deposits and advance rentals 4,478,386 5,016,747 1,823,210 2,702,137 2,429,943
Current portion of long-term
compensated absences 1,975,363 2,243,741 179,411 58,476 2,326,249
Total liabilities 23,736,273 22,238,836 18,412,178 15,487,199 23,245,652
DEFERRED INFLOWS OF RESOURCES
Receivables not meeting available
criterion 104,983,955 99,792,016 95,217,010 97,200,765 90,171,915
Total deferred inflows 104,983,955 99,792,016 95,217,010 97,200,765 90,171,915
FUND BALANCES
Nonspendable 9,302,914 12,550,173 10,865,289 11,427,654 10,936,767
Assigned 9,899,196 15,891,696 8,731,775 7,298,041 7,098,940
Unassigned 70,040,066 51,372,150 36,507,205 31,945,300 23,056,190
Total fund balances 89,242,176 79,814,009 56,104,269 50,670,995 41,091,897
Total Liabilities and Fund Balances $217,962,040 $201,844,861 $169,733,457 $163,358,959 $154,509,464
* Less allowance for 2017 and 2016, of $78,000 and $78,000, respectively.
(Source: The Comprehensive Annual Financial Report for the indicated years. The summary above has not been audited.)
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Set forth below are brief descriptions of the various sources of revenues available to the
The percentage of total general fund revenues represented by each source is
based on the audited June 30, 2020 fiscal year period:
Sales, use and excise taxes Approximately 34.97% of general fund revenues are from
sales, use and excise taxes.
General property taxes Approximately 33.88% of general fund revenues are from general
property taxes.
Licenses and Permits Approximately 9.81% of general fund revenues are from licenses
and permits.
Franchise taxes Approximately 8.08% of general fund revenues are from franchise taxes.
Interfund service charges Approximately 6.19% of general fund revenues are from
interfund service charges.
Intergovernmental Approximately 1.53% of general fund revenues are from other
governmental entities.
Miscellaneous Approximately 1.37% of general fund revenues are from miscellaneous
revenues.
Charges for Services Approximately 1.06% of general fund revenues are from charges
for services.
Interest Approximately 0.90% of general fund revenues are from interest income.
Parking meter Approximately 0.83% of general fund revenues are from parking meters.
Fines and forfeitures Approximately 0.77% of general fund revenues are from fines and
forfeitures.
Parking tickets Approximately 0.36% of general fund revenues are from parking tickets.
Rental and other income Approximately 0.23% of general fund revenues are from rental
and other income.
- 38 -
ASSESSED TAXABLE AND ESTIMATED FAIR MARKET VALUE OF TAXABLE PROPERTY
(YEARS ENDED JUNE 30, 2016 THROUGH 2020)(1)
2020 2019 2018 2017 2016
Assessed Taxable value (2) $31,537,761 $28,398,219 $25,664,463 $23,932,708 $21,753,175
Estimated fair market value 41,493,433 37,255,666 33,819,886 31,386,040 28,594,182
Ratio of assessed taxable
value to estimated fair
market value
76.0
76.2%
75.9%
76.3%
76.1%
(1) Dollar amounts are in thousands.
(2) Note: All taxable property is assessed and taxed on the basis of its fair market value. State law requires that the
fair market value of property that is assessed by county assessors using a comparable sales or a cost appraisal
method exclude expenses related to property sales transactions. For tax purposes, the fair market value of primary
residential property is reduced by 45% under current law.
(Source: Salt Lake City Corporation Comprehensive Annual Financial Report, Statistical Section, year ended June 30,
2020.)
PRINCIPAL PROPERTY TAXPAYERS
TAXPAYER
TYPE OF BUSINESS
2019
TAXABLE
VALUE(1)
% OF THE CITY S
2019 TAXABLE
VALUE
LDS Church (Property Reserve, City
Creek Reserve, Deseret Title) Real Estate Holding $ 979,000,587 3.72%
PacifiCorp Electric Utility 510,504,967 1.94
Delta Airlines Air Transportation 299,937,120 1.14
Wasatch Plaza Holdings LLC Real Estate Holding 224,413,000 0.85
MPLD Husky LLC Manufacturing 210,994,600 0.80
KBSIII, LLC Real Estate Holding 193,465,700 0.74
Questar Gas Natural Gas 167,999,450 0.64
Sky West Airlines Air Transportation 161,657,988 0.62
Verizon Communications Inc. Healthcare research and investments 134,678,945 0.51
AT&T Inc. Telecommunications 128,840,105 0.49
$3,011,492,462
(1) Taxable Value used in this table excludes all tax equivalent property associated with motor vehicles, watercraft, recreational
vehicles, and all other tangible personal property required to be registered with the State. INANCIAL INFORMATION
REGARDING SALT LAKE CITY, UTAH Taxable and Fair Market Value of
(Source: Salt Lake City Corporation Comprehensive Annual Financial Report for the year ended June 30, 2020.)
TAX TREATMENT
FEDERAL INCOME TAXATION
Interest on the Series 2021A Bonds is includible in gross income for federal income
purposes. Ownership of the Series 2021A Bonds may result in other federal income tax
- 39 -
consequences to certain taxpayers. Bondholders should consult their tax advisors with respect to
the inclusion of interest on the Series 2021A Bonds in gross income for federal income tax
purposes and any collateral tax consequences.
The City may deposit moneys or securities in escrow in such amount and manner as to
cause the Series 2021A Bonds to be deemed to be no longer outstanding under the Indenture (a
). A defeasance of the Series 2021A Bonds may be treated as an exchange of the
Series 2021A Bonds by the holders thereof and may therefore result in gain or loss to the holders.
Bond holders should consult their own tax advisors about the consequences if any of such a
defeasance. The City is required to provide notice of defeasance of the Series 2021A Bonds as a
material event under the Agreement (defined below). The Trustee is also required to provide notice
of defeasance to holders in accordance with the Indenture.
UTAH INCOME TAXATION
In the opinion of Bond Counsel, under the existing laws of the State of Utah, as presently
enacted and construed, interest on the Series 2021A Bonds is exempt from taxes imposed by the
Utah Individual Income Tax Act. Bond Counsel expresses no opinion with respect to any other
taxes imposed by the State or any political subdivision thereof. Ownership of the Series 2021A
Bonds may result in other state and local tax consequences to certain taxpayers. Bond Counsel
expresses no opinion regarding any such collateral consequences arising with respect to the Series
2021A Bonds. Prospective purchasers of the Series 2021A Bonds should consult their tax advisors
regarding the applicability of any such state and local taxes.
NO DEFAULTED BONDS
The City has never failed to pay principal and interest when due on any of its bonds, notes
or other financial obligations.
CONTINUING DISCLOSURE AGREEMENT
The City will enter into a Continuing Disclosure Agreement (the ), in
substantially the form attached hereto as APPENDIX F, for the benefit of the beneficial owners of
the Series 2021A Bonds to send certain information annually and to provide notice of certain
events to the Municipal Securities Rulemaking Board pursuant to the requirements of
Section (b)(5) of Rule 15c2-12 (the ) adopted by the Securities and Exchange Commission
(the ) under the Securities Exchange Act of 1934.
A failure by the City to comply with the Agreement will not constitute a default under the
Indenture and beneficial owners of the Series 2021A Bonds are limited to the remedies described
in the Agreement. A failure by the City to comply with the Agreement must be reported in
accordance with the Rule and must be considered by any broker, dealer or municipal securities
dealer before recommending the purchase or sale of the Series 2021A Bonds in the secondary
market. Consequently, such a failure may adversely affect the transferability and liquidity of the
Series 2021A Bonds and their market price. See ORM OF CONTINUING DISCLOSURE
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AGREEMENT attached hereto as APPENDIX F for the information to be provided, the events which
will be noticed on an occurrence basis and the other terms of the Agreement, including termination,
amendment and remedies.
The City has entered into a number of continuing disclosure undertakings pursuant to the
Rule with respect to the bonds it has issued and has contracted with a number of dissemination
agents to file annual information and notices of certain events on behalf of the City. In the previous
five years the City provided its annual financial information and audited financial statements to
the applicable dissemination agent in advance of the deadline specified in the applicable continuing
disclosure undertaking. Dissemination agents for certain of the bonds filed such information
late; however, the information was filed within 10 days of the deadline. Additionally, with respect
to certain water and sewer bonds, during the previous five years the City filed the audited financial
statements of the City's utilities system, but did not include the audited financial statements of the
City. Corrective filings have been made and the City has taken steps to ensure that in the future
the City's audited financial statements will be filed for such water and sewer revenue bonds as
required.
The City has adopted continuing disclosure policies and procedures to help ensure
compliance with its continuing disclosure undertakings.
UNDERWRITING
, as underwriter (the ), has agreed, subject to certain
conditions, to purchase all of the Series 2021A Bonds from the City at an aggregate price of
$ (being an amount equal to the par amount of the Series 2021A Bonds, plus original
issue premium of $ , less an discount of $ ) and to make a
public offering of the Series 2021A Bonds.
Although the Underwriter expects to maintain a secondary market in the Series 2021A
Bonds after the initial offering, no guarantee can be given as to the existence of such a secondary
market or its maintenance by the Underwriter or others.
RATING
and by Investors Service, Inc. and S&P Ratings, respectively.
Such ratings reflect only the view of such organization and any desired explanation of the
significance of such rating should be obtained from the rating agency furnishing the same.
Generally, a rating agency bases its rating on the information and materials furnished to it and on
investigations, studies and assumptions of its own. There is no assurance such rating will continue
for any given period of time or that such rating will not be revised downward or withdrawn entirely
by the rating agency providing such rating if, in the judgment of the rating agency, circumstances
so warrant. Any such downward revision or withdrawal of such rating may have an adverse effect
on the market price of the Series 2021A Bonds.
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ESCROW VERIFICATION
, , , Certified Public Accountants, will verify
the accuracy of the mathematical computations concerning the adequacy of the maturing principal
amounts of and interest earned on the obligations of the United States of America, together with
other escrowed moneys, to pay when due pursuant to prior redemption the Principal and
Redemption Price of, and interest on, the Refunded Bonds. Such verification shall be based in
part upon information supplied by the Underwriter.
MUNICIPAL ADVISOR
The City has entered into an agreement with Stifel, Nicolaus & Company, Incorporated
(the ), whereunder the Municipal Advisor provides financial
recommendations and guidance to the City with respect to preparation for sale of the Series 2021A
Bonds, timing of the sale, tax-exempt bond market conditions, costs of issuance and other factors
related to the sale of the Series 2021A Bonds. The Municipal Advisor has participated in the
preparation of and provided information for certain portions of the Official Statement, but has not
audited, authenticated or otherwise verified the information set forth in the Official Statement, or
any other related information available to the City, with respect to accuracy and completeness of
disclosure of such information, and the Municipal Advisor makes no guaranty, warranty or other
representation respecting accuracy and completeness of the Official Statement or any other matter
related to the Official Statement.
LEGAL MATTERS
LITIGATION
The City Attorney reports the following matters involving potential financial liability of
the City:
Lawsuits are periodically filed against the City and/or its employees, involving tort and
civil rights matters. The City has a statutory obligation to defend and indemnify its officers and
employees in relation to lawsuits arising from acts or failures to act of the officers or employees
while in the scope and course of employment.
The City maintains a governmental immunity fund for claims against the City. In the event
the fund is not sufficient to pay any outstanding judgment or judgments, the City has the ability
under State law to levy a limited ad valorem tax to pay such judgments. This tax levy is separate
and apart from the other taxing powers of the City.
The City also has contract claims, condemnation proceedings and environmental matters,
none of which is expected to materially adversely affect the financial condition.
A non-litigation certificate or opinion executed by the City Attorney, dated the date of
closing, will be provided stating, among other things, that to the best of her knowledge, after due
- 42 -
inquiry, no litigation, with merit, in the State or federal court has been served on the City or is, to
the best of her knowledge, threatened, challenging the creation, organization or existence of the
City, or the titles of its officers to their respective offices, or seeking to restrain or enjoin the
issuance, sale or delivery of the Series 2021A Bonds, or for the purpose of restraining or enjoining
the levy and collection of taxes or assessments by the City, or directly or indirectly contesting or
affecting the proceedings or the authority by which the Series 2021A Bonds are issued, the legality
of the purpose for which the Series 2021A Bonds are issued, or the validity of the Series 2021A
Bonds, or the issuance thereof.
APPROVAL OF LEGAL PROCEEDINGS
The authorization and issuance of the Series 2021A Bonds are subject to the approval of
Chapman and Cutler LLP, Bond Counsel to the City. Certain legal matters will be passed upon
Counsel. The Underwriter is being represented by its counsel, _ . The approving
opinion of Bond Counsel will be delivered with the Series 2021A Bonds in substantially the form
set forth in APPENDIX D of this Official Statement and will be made available upon request from
the contact persons as indicated under NTRODUCTION Contact
INDEPENDENT AUDITORS
The basic financial statements of Salt Lake City Corporation as of and for the Year Ended
June 30, 2020 included in APPENDIX A to this Official Statement, have been audited by Eide Bailly,
independent auditors, as stated in their report appearing herein.
MISCELLANEOUS
ADDITIONAL INFORMATION
All quotations from and summaries and explanations of the Utah Constitution, statutes,
programs, laws of the State, court decisions, and the Indenture, which are contained herein, do not
purport to be complete, and reference is made to said Constitution, statutes, programs, laws, court
decisions, and the Indenture for full and complete statements of their respective provisions.
Any statement in this Official Statement involving matters of opinion, whether or not
expressly so stated, is intended as such and not as representations of fact. This Official Statement
is not to be construed as a contract or agreement between the Underwriter and the purchasers or
owners of any of the Series 2021A Bonds.
The appendices attached hereto are an integral part of this Official Statement, and should
be read in conjunction with the foregoing material.
This Preliminary Official Statement is in form deemed final for purposes of paragraph
(b)(1) of Rule 15c2-12 of the Securities and Exchange Commission.
- 43 -
The delivery of the Official Statement and its distribution and use has been duly authorized
by the City.
SALT LAKE CITY, UTAH
A-1
APPENDIX A
SALT LAKE CITY CORPORATION FINANCIAL STATEMENTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2020
(The remainder of this page intentionally left blank.)
B-1
APPENDIX B
MASTER TRUST INDENTURE
The format of the General Indenture (i.e., font size, paragraph spacing, etc.) has been
changed to allow for the presentation of this Official Statement to be as compact as possible.
(The remainder of this page intentionally left blank.)
C-1
APPENDIX C
DEMOGRAPHIC AND ECONOMIC INFORMATION
REGARDING THE CITY AND SALT LAKE COUNTY
THE CITY
POPULATION
THE
% INCREASE
FROM PRIOR
SALT
LAKE
% INCREASE
FROM PRIOR
THE
% INCREASE
FROM PRIOR
YEAR CITY PERIOD COUNTY PERIOD STATE PERIOD
2020 Estimate 200,831 0.13% 1,164,589 1.01% 3,273,000 1.64%
2019 Estimate 200,567 (0.01) 1,152,960 0.95 3,220,171 1.87
2018 Estimate 200,591 0.02 1,142,081 0.57 3,161,105 1.91
2017 Estimate 200,544 3.51 1,135,649 1.27 3,101,833 1.66
2016 Estimate 193,744 0.56 1,121,354 1.27 3,051,217 1.85
2015 Estimate 192,672 0.94 1,107,314 1.43 2,995,919 1.80
2014 Estimate 190,884 (0.15) 1,091,742 1.01 2,942,902 1.38
2010 Census 186,440 2.58 1,029,655 14.61 2,763,885 23.77
2000 Census 181,743 13.63 898,387 23.75 2,233,169 29.62
1990 Census 159,936 (1.90) 725,956 17.27 1,722,850 17.92
1980 Census 163,034 (7.31) 619,066 34.99 1,461,037 37.93
1970 Census 175,885 (7.16) 458,607 19.73 1,059,273 18.94
(Source: U.S. Census Bureau, as revised and subject to periodic revision and Utah Department of Workforce
Services.)
PROPERTY VALUE OF PRE-AUTHORIZED CONSTRUCTION IN THE CITY
NEW
Non-
ADDITIONS,
ALTERATIONS AND REPAIRS
Non-
TOTAL
CONSTRUCTION
% Change
Year
Number
Dwelling
Units
Residential
Value
($000)
residential
Value
($000)
Residential
Value
($000)
residential
Value
($000)
Value
($000)
from
Prior
Period
2020* 1,129 $171,906.6 $222,463.4 $17,600.1 $209,325.1 $ 621,295.3 NA
2019 3,894 589,888.3 458,798.9 40,935.1 326,724.3 1,416,346.6 72.1%
2018 877 126,957.6 430,249.0 37,989.1 227,906.6 823,102.3 (2.4)
2017 648 99,054.0 428,214.7 35,050.8 280,826.7 843,146.2 (43.1)
2016 3,049 377,547.5 331,676.4 38,680.1 734,678.9 1,482,582.9 155.3
2015 1,343 157,378.5 175,010.4 33,294.6 175,323.8 541,007.3 (4.1)
* Through June 30, 2020.
(Source: Kem C. Gardner Policy Institute, University of Utah Ivory-Boyer Construction Database.)
C-2
BUSINESS AND INDUSTRY
TAXABLE SALES AND LOCAL OPTION SALES TAX ALLOCATION THE CITY
YEAR ENDED
JUNE 30
GROSS TAXABLE
SALES
% CHANGE OVER
PRIOR YEAR
NET LOCAL SALES TAX
ALLOCATIONS
% CHANGE OVER
PRIOR YEAR
2018 $8,864,078,553 7.7% $61,012,067 8.5%
2017 8,230,626,156 8.0 56,215,516 5.7
2016 7,622,308,738 3.8 53,175,550 3.1
2015 7,342,163,585 5.4 51,568,729 5.6
2014 6,960,089,276 1.6 48,834,004 2.0
(Source: Utah State Tax Commission.)
THE COUNTY
The following demographic information is provided solely as background information
regarding Salt Lake County (the ), the county in which the City is located. The County
is the economic and population center of the State. Based on 2010 Census data, the County has
approximately 37% of the total population of the State.
SALES AND BUILDING IN SALT LAKE COUNTY
SALES AND BUILDING 2019 2018 2017 2016 2015
Gross Taxable Sales $30,078,000 $28,855,617 $27,084,521 $25,415,491 $24,256,515
Permit Authorized Construction $3,820,000.2 $3,015,000.4 $2,852,908.3 $3,266,939.5 $2,096,443.3
New Dwelling Units 9,681 8,150 6,585 8,328 6,077
New Residential Value 1,787,464.1 $1,470,556.5 1,262,359.7 $1,406,216.3 $1,045,161.9
(Source: Utah Department of Workforce Services and Kem C. Gardner Policy Institute, University of Utah Ivory-Boyer
Construction Database.)
INCOME AND WAGES IN SALT LAKE COUNTY
INCOME AND WAGES 2019 2018 2017 2016 2015
Total Personal Income ($000) NA NA $56,152,594 $52,436,840 $49,871,735
Per Capita Income NA $52,639 $49,445 $46,762 $45,148
Median Household Income Estimates NA $73,619 $71,396 $68,404 $65,549
Average Monthly Nonfarm Wage $4,724 $4,513 $4,337 $4,211 $4,120
(Source: Utah Department of Workforce Services.)
C-3
RATE OF UNEMPLOYMENT ANNUAL AVERAGE
YEAR SALT LAKE COUNTY THE STATE UNITED STATES
2021* % % 6.3%
2020 4.8 3.6 6.7
2019 2.5 2.4 3.6
2018 3.1 3.2 3.9
2017 3.1 3.2 4.4
2016 3.2 3.4 4.9
* Preliminary; subject to change. As of January 2021 (seasonally adjusted).
(Source: Utah Department of Workforce Services; U.S. Department of Labor.)
LABOR MARKET DATA OF SALT LAKE COUNTY
2019 2018 2017 2016 2015
Civilian Labor Force 634,741 619,396 614,498 601,470 585,345
Employed 618,767 601,161 595,348 582,448 565,532
Unemployed 15,974 18,235 19,150 19,122 19,813
Total Private Sector (average) NA 612,635 595,855 581,825 565,635
Mining 2,647 2,853 2,408 2,428 2,696
Construction 42,776 40,034 38,052 35,760 33,458
Manufacturing 57,848 56,653 55,951 54,487 53,360
Trade, transportation and utilities 145,876 143,262 138,920 136,787 132,656
Information 20,547 20,031 20,204 18,979 17,960
Financial activities 59,904 58,727 56,982 55,414 53,069
Professional and business services 129,869 125,720 122,209 120,654 116,383
Education, health and social services 84,725 82,534 81,174 78,557 75,080
Leisure and hospitality 62,740 60,804 58,811 57,521 55,560
Other services 22,290 21,859 21,295 21,041 20,842
Government 107,455 105,383 102,654 100,223 98,842
(Source: Utah Department of Workforce Services.)
C-4
SEVERAL OF THE LARGEST EMPLOYERS IN SALT LAKE COUNTY
The following is a list of some of the largest employers in Salt Lake County.
FIRM NAME
INDUSTRY
APPROXIMATE NUMBER
OF EMPLOYEES
University of Utah Higher Education, Health Care 20,000+
State of Utah State Government 20,000+
Intermountain Health Care, Inc. Health Care 15,000-19,999
United States Government Federal Government 10,000-14,999
Wal-Mart Associates, Inc. Warehouse Clubs & Supercenters 7,000-9,999
Granite School District Public Education 7,000-9,999
LDS Church Religious Agencies Religious Organizations 7,000-9,999
Zions Bank Financial Services 7,000-9,999
Salt Lake County County Government 5,000-6,999
Jordan School District Public Education 5,000-6,999
The Canyons School District Public Education 4,000-4,999
Delta Air Lines, Inc. Air Transportation 4,000-4,999
ARUP Laboratories Medical Research 3,000-3,999
United Parcel Service Delivery Service 3,000-3,999
Amazon Fulfillment Services Delivery Service 3,000-3,999
Department of Veterans Affairs Health Care 3,000-3,999
Discover Financial Services 3,000-3,999
Salt Lake City School District Public Education 3,000-3,999
Marketplace Grocery Stores 3,000-3,999
Salt Lake Community College Higher Education 3,000-3,999
L3 Technologies Manufacturing 3,000-3,999
Wells Fargo Financial Services 3,000-3,999
U.S. Postal Service Postal Service 2,000-2,999
Goldman Sachs Financial Services 2,000-2,999
McDonalds Restaurants 2,000-2,999
Utah Transit Authority Public Transportation 2,000-2,999
C.R. England, Inc. Delivery Service 2,000-2,999
Merit Medical Systems Manufacturing 2,000-2,999
Salt Lake City Corporation Local Government 2,000-2,999
Skywest Airlines Transportation 2,000-2,999
Kennecott Utah Copper Mining 2,000-2,999
Jetblue Airways Transportation 2,000-2,999
(Source: Utah Department of Workforce Services. As of November 2020)
D-1
APPENDIX D
PROPOSED FORM OF OPINION OF BOND COUNSEL
[TO BE PROVIDED.]
E-1
APPENDIX E
PROVISIONS REGARDING BOOK-ENTRY ONLY SYSTEM
The Depository Trust Company (), New York, NY, will act as securities depository
for the Series 2021A Bonds. The Series 2021A Bonds will be issued as fully-registered securities
registered in the name of Cede & Co. partnership nominee) or such other name as may be
requested by an authorized representative of DTC. One fully-registered Series 2021A Bond
certificate will be issued for each maturity of the Series 2021A Bonds, each in the aggregate
principal amount of such maturity, and will be deposited with DTC.
DTC, -purpose trust company organized under
e
meaning of the New York Uniform Commercial Code, and a registered pursuant
to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides
asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and
participants ( ) deposit with DTC. DTC also facilitates the post-trade
settlement among Direct Participants of sales and other securities transactions in deposited
securities, through electronic computerized book-entry transfers and pledges between Direct
This eliminates the need for physical movement of securities certificates.
Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust
companies, clearing corporations, and certain other organizations. DTC is a wholly-owned
subsidiary of The Depository Trust & Clearing Corporation (). DTCC is the holding
company for DTC, National Securities Clearing Corporation and Fixed Income Clearing
Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its
regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and
non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that
clear through or maintain a custodial relationship with a Direct Participant, either directly or
indirectly ( ). DTC has a Standard & rating of AA+. The DTC rules
applicable to its Participants are on file with the Securities and Exchange Commission. More
information about DTC can be found at www.dtcc.com.
Purchases of the Series 2021A Bonds under the DTC system must be made by or through
Direct Participants, which will receive a credit for the Series 2021A Bonds on records. The
ownership interest of each actual purchaser of each Series 2021A Bond () is
receive written confirmation from DTC of their purchase. Beneficial Owners are, however,
expected to receive written confirmations providing details of the transaction, as well as periodic
statements of their holdings, from the Direct or Indirect Participant through which the Beneficial
Owner entered into the transaction. Transfers of ownership interests in the Series 2021A Bonds
are to be accomplished by entries made on the books of Direct and Indirect Participants acting on
behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their
ownership interests in the Series 2021A Bonds, except in the event that use of the book-entry
system for the Series 2021A Bonds is discontinued.
E-2
To facilitate subsequent transfers, all Series 2021A Bonds deposited by Direct Participants
Cede & Co., or such other
name as may be requested by an authorized representative of DTC. The deposit of the Series
2021A Bonds with DTC and their registration in the name of Cede & Co. or such other DTC
nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual
Beneficial Owners of the Series 2021A Bonds; records reflect only the identity of the Direct
Participants to whose accounts such Series 2021A Bonds are credited, which may or may not be
the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping
account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to
Beneficial Owners will be governed by arrangements among them, subject to any statutory or
regulatory requirements as may be in effect from time to time. Beneficial Owners of the Series
2021A Bonds may wish to take certain steps to augment transmission to them of notices of
significant events with respect to the Series 2021A Bonds, such as redemptions, tenders, defaults,
and proposed amendments to the Series 2021A Bond documents. For example, Beneficial Owners
of the Series 2021A Bonds may wish to ascertain that the nominee holding the Series 2021A Bonds
for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative,
Beneficial Owners may wish to provide their names and addresses to the Series 2021A Bond
Registrar and request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Series 2021A Bonds within
an issue are being redeemed,
each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with
respect to the Series 2021A Bonds unless authorized by a Direct Participant in accordance with
soon as possible after the record date.
voting rights to those Direct Participants to whose accounts the Series 2021A Bonds are credited
on the record date (identified in a listing attached to the omnibus proxy).
As long as the book-entry system is in effect, redemption proceeds, distributions, and
dividend payments on the Series 2021A Bonds will be made to Cede & Co., or such other nominee
as may be requested by an authorized representative of DTC.
n from
the City or the Paying Agent, on payable date in accordance with their respective holdings shown
Payments by Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with securities held for the accounts of
Participant and not of DTC, the Paying Agent, or the City, subject to any statutory or regulatory
requirements as may be in effect from time to time. Payment of redemption proceeds,
distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested
by an authorized representative of DTC) is the responsibility of the City or the Paying Agent,
disbursement of such payments to Direct Participants will be the responsibility of DTC, and
E-3
disbursement of such payments to Beneficial Owners will be the responsibility of Direct and
Indirect Participants.
DTC may discontinue providing its services as depository with respect to the Series 2021A
Bonds at any time by giving reasonable notice to the City or the Paying Agent. Under such
circumstances, in the event that a successor securities depository is not obtained, Series 2021A
Bond certificates are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through DTC
(or a successor securities depository). In that event, Series 2021A Bond certificates will be printed
and delivered to DTC.
The -entry system has been
obtained from sources that the City believes to be reliable, but the City takes no responsibility for
the accuracy thereof.
F-1
APPENDIX F
FORM OF CONTINUING DISCLOSURE AGREEMENT
Draft of
6/18/21
CONTINUING DISCLOSURE AGREEMENT
FOR THE PURPOSE OF PROVIDING
CONTINUING DISCLOSURE INFORMATION
UNDER PARAGRAPH (b)(5) OF RULE 15c2-12
DATED: [October 19], 2021
This Continuing Disclosure Agreement (the ) is executed and delivered by
Salt Lake City, Utah (the ), in connection with the issuance of $__ Federally
Taxable Sales and Excise Tax Revenue Refunding Bonds, Series 2021 (the 2021 ).
The Series 2021 Bonds are being issued pursuant to (i) the Utah Refunding Bond Act, Title 11,
Chapter 27, Utah Code Annotated 1953, as amended; (ii) a resolution adopted by the City Council
of the City on August 17, 2021, which provides for the issuance and sale of the Series 2021 Bonds;
and (iii) a Master Trust Indenture, dated as of September 1, 2004, as heretofore amended and
supplemented, between the City and Zions Bancorporation, National Association, as trustee (the
), and as further amended and supplemented by a _ Supplemental Trust
Indenture, dated as of October 1, 2021, between the City and the Trustee (collectively, the
).
In consideration of the issuance of the Series 2021 Bonds by the City and the purchase of
such Series 2021 Bonds by the beneficial owners thereof, the City covenants and agrees as follows:
1. PURPOSE OF THIS AGREEMENT. This Agreement is executed and delivered by the City
as of the date set forth below, for the benefit of the beneficial owners of the Series 2021 Bonds
and in order to assist the Participating Underwriters in complying with the requirements of the
Rule (defined below). The City represents that it will be the only obligated person with respect to
the Series 2021 Bonds at the time the Series 2021 Bonds are delivered to the Participating
Underwriters and that no other person is expected to become so committed at any time after
issuance of the Series 2021 Bonds.
2. DEFINITIONS. The terms set forth below shall have the following meanings in this
Agreement, unless the context clearly otherwise requires.
means the financial information and operating data
described in Exhibit I.
Financial Information means the dissemination of disclosure
concerning Annual Financial Information and the dissemination of the Audited Financial
Statements as set forth in Section 4.
Financial means the audited financial statements of the City
prepared pursuant to the standards and as described in Exhibit I.
means the Securities and Exchange Commission.
Exh E to Deleg Reso - Continuing Disclosure Agreement (refunding) v2.docx
8709966/RDB/mo
- 2 - Continuing Disclosure Agreement
means any agent designated as such in writing by the City and
which has filed with the City a written acceptance of such designation, and such successors
and assigns.
means the MSRB through its Electronic Municipal Market Access system for
municipal securities disclosure or through any other electronic format or system prescribed by the
MSRB for purposes of the Rule.
means the Securities Exchange Act of 1934, as amended.
means (a) a debt obligation, (b) a derivative instrument entered
into in connection with, or pledged as security or a source of payment for, an existing or planned
debt obligation, or (c) a guarantee of (a) or (b) in this definition; provided however, the term
Financial Obligation shall not include municipal securities as to which a final official statement
has been provided to the MSRB consistent with the Rule.
means the Municipal Securities Rulemaking Board.
means each broker, dealer or municipal securities dealer
acting as an underwriter in the primary offering of the Series 2021 Bonds.
means the occurrence of any of the Events with respect to the Series
2021 Bonds, set forth in Exhibit II.
Events means dissemination of a notice of a Reportable Event as
set forth in Section 5.
means Rule 15c2-12 adopted by the Commission under the Exchange Act, as the
same may be amended from time to time.
means the State of Utah.
means the obligations of the City pursuant to Sections 4 and 5.
3. CUSIP NUMBER/FINAL OFFICIAL STATEMENT. The CUSIP Numbers of the Series
2021 Bonds are as follows:
- 3 - Continuing Disclosure Agreement
YEAR OF MATURITY
(OCTOBER 1)
CUSIP
NUMBER
YEAR OF MATURITY
(OCTOBER 1)
CUSIP
NUMBER
The Final Official Statement relating to the Series 2021 Bonds is dated , 2021
(the Official ).
4. ANNUAL FINANCIAL INFORMATION DISCLOSURE. Subject to Section 8 of this
Agreement, the City hereby covenants that it will disseminate its Annual Financial Information
and its Audited Financial Statements (in the form and by the dates set forth in Exhibit I) to EMMA
in such manner and format and accompanied by identifying information as is prescribed by the
MSRB or the Commission at the time of delivery of such information and by such time so that
such entities receive the information by the dates specified. MSRB Rule G-32 requires all EMMA
filings to be in word-searchable PDF format. This requirement extends to all documents to be
filed with EMMA, including financial statements and other externally prepared reports.
If any part of the Annual Financial Information can no longer be generated because the
operations to which it is related have been materially changed or discontinued, the City will
disseminate a statement to such effect as part of its Annual Financial Information for the year in
which such event first occurs.
If any amendment or waiver is made to this Agreement, the Annual Financial Information
for the year in which such amendment or waiver is made (or in any notice or supplement provided
to EMMA) shall contain a narrative description of the reasons for such amendment or waiver and
its impact on the type of information being provided.
5. REPORTABLE EVENTS DISCLOSURE. Subject to Section 8 of this Agreement, the City
hereby covenants that it will disseminate in a timely manner (not in excess of ten business days
after the occurrence of the Reportable Event) Reportable Events Disclosure with respect to the
Series 2021 Bonds to EMMA in such manner and format and accompanied by identifying
information as is prescribed by the MSRB or the Commission at the time of delivery of such
information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format.
This requirement extends to all documents to be filed with EMMA, including financial statements
and other externally prepared reports. Notwithstanding the foregoing, notice of optional or
unscheduled redemption of any Series 2021 Bonds or defeasance of any Series 2021 Bonds need
not be given under this Agreement any earlier than the notice (if any) of such redemption or
defeasance is given to the Bondholders pursuant to the Indenture.
- 4 - Continuing Disclosure Agreement
6. CONSEQUENCES OF FAILURE OF THE CITY TO PROVIDE INFORMATION. The City shall
give notice in a timely manner to EMMA of any failure to provide Annual Financial Information
Disclosure when the same is due hereunder.
In the event of a failure of the City to comply with any provision of this Agreement, the
beneficial owner of any Series 2021 Bond may seek mandamus or specific performance by court
order, to cause the City to comply with its obligations under this Agreement. The beneficial
owners of 25% or more in principal amount of the Series 2021 Bonds outstanding may challenge
the adequacy of the information provided under this Agreement and seek specific performance by
court order to cause the City to provide the information as required by this Agreement. A default
under this Agreement shall not be deemed a default under the Indenture, and the sole remedy under
this Agreement in the event of any failure of the City to comply with this Agreement shall be an
action to compel performance.
7. AMENDMENTS; WAIVER. Notwithstanding any other provision of this Agreement, the
City by resolution or ordinance authorizing such amendment or waiver, may amend this
Agreement, and any provision of this Agreement may be waived, if:
(a) (i) the amendment or waiver is made in connection with a change in
circumstances that arises from a change in legal requirements, including without limitation,
pursuant to a - issued by the Commission, a change in law, or a change in
the identity, nature, or status of the City, or type of business conducted; or
(ii) this Agreement, as amended, or the provision, as waived, would
have complied with the requirements of the Rule at the time of the primary offering,
after taking into account any amendments or interpretations of the Rule, as well as
any change in circumstances; and
(b) the amendment or waiver does not materially impair the interests of the
beneficial owners of the Series 2021 Bonds, as determined by parties unaffiliated with the
City (such as bond counsel).
In the event that the Commission or the MSRB or other regulatory authority shall approve
or require Annual Financial Information Disclosure or Reportable Events Disclosure to be made
to a central post office, governmental agency or similar entity other than EMMA or in lieu of
EMMA, the City shall, if required, make such dissemination to such central post office,
governmental agency or similar entity without the necessity of amending this Agreement.
8. TERMINATION OF UNDERTAKING. The Undertaking of the City with respect to the
Series 2021 Bonds shall be terminated hereunder if the City shall no longer have any legal liability
for any obligation on or relating to repayment of the Series 2021 Bonds under the Indenture. The
City shall give notice in a timely manner if this Section is applicable.
9. DISSEMINATION AGENT. The City may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under this Agreement, and may
- 5 - Continuing Disclosure Agreement
discharge any such Dissemination Agent, with or without appointing a successor Dissemination
Agent.
10. ADDITIONAL INFORMATION. Nothing in this Agreement shall be deemed to prevent
the City from disseminating any other information, using the means of dissemination set forth in
this Agreement or any other means of communication, or including any other information in any
Annual Financial Information Disclosure or notice of occurrence of a Reportable Event, in addition
to that which is required by this Agreement. If the City chooses to include any information from
any document or notice of occurrence of a Reportable Event in addition to that which is specifically
required by this Agreement, the City shall have no obligation under this Agreement to update such
information or include it in any future disclosure or notice of occurrence of a Reportable Event.
11. BENEFICIARIES. This Agreement has been executed in order to assist the Participating
Underwriters in complying with the Rule; however, this Agreement shall inure solely to the benefit
of the City, the Dissemination Agent, if any, and the beneficial owners of the Series 2021 Bonds,
and shall create no rights in any other person or entity.
12. RECORDKEEPING. The City shall maintain records of all Annual Financial
Information Disclosure and Reportable Events Disclosure, including the content of such
disclosure, the names of the entities with whom such disclosure was filed and the date of filing
such disclosure.
13. ASSIGNMENT. The City shall not transfer its obligations under the Indenture unless
the transferee agrees to assume all obligations of the City under this Agreement or to execute an
Undertaking under the Rule.
14. GOVERNING LAW. This Agreement shall be governed by the laws of the State.
- 6 - Continuing Disclosure Agreement
DATED as of the day and year first above written.
SALT LAKE CITY, UTAH
By
Mayor
Address: 451 South State Street
Salt Lake City, Utah 84111
ATTEST AND COUNTERSIGN:
City Recorder
[SEAL]
APPROVED AS TO FORM:
By
Senior City Attorney
EXHIBIT I Continuing Disclosure Agreement
EXHIBIT I
ANNUAL FINANCIAL INFORMATION AND TIMING
AND AUDITED FINANCIAL STATEMENTS
means financial information and operating data of the
type contained in the Official Statement under the following captions: ECURITY FOR THE SERIES
2021 BONDS Pledged Excise ECURITY FOR THE SERIES 2021 BONDS Historical
EBT STRUCTURE INANCIAL INFORMATION REGARDING
THE CITY exclusive of Audited Financial Statements.
Comprehensive Annual Financial Report or the Audited Financial Statements.
All or a portion of the Annual Financial Information and the Audited Financial Statements
as set forth below may be included by reference to other documents which have been submitted to
EMMA or filed with the Commission. If the information included by reference is contained in a
Final Official Statement, the Final Official Statement must be available on EMMA; the Final
Official Statement need not be available from the Commission. The City shall clearly identify
each such item of information included by reference.
Annual Financial Information exclusive of Audited Financial Statements will be provided
year ending June 30, 2021. Audited Financial Statements as described below should be filed at
the same time as the Annual Financial Information. If Audited Financial Statements are not
available when the Annual Financial Information is filed, unaudited financial statements shall be
included.
Audited Financial Statements will be prepared pursuant to generally accepted accounting
principles applicable to governmental units in general and Utah cities in particular. Audited
Financial Statements will be provided to EMMA within 30 days after availability to City.
If any change is made to the Annual Financial Information as permitted by Section 4 of the
Agreement, the City will disseminate a notice of such change as required by Section 4.
EXHIBIT II
EVENTS WITH RESPECT TO THE SERIES 2021 BONDS
FOR WHICH MATERIAL EVENTS DISCLOSURE IS REQUIRED
1.Principal and interest payment delinquencies
2.Non-payment related defaults, if material
3.Unscheduled draws on debt service reserves reflecting financial difficulties
4.Unscheduled draws on credit enhancements reflecting financial difficulties
5.Substitution of credit or liquidity providers, or their failure to perform
6.Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other
material notices or determinations with respect to the tax status of the security, or other
material events affecting the tax status of the security
7.Modifications to the rights of security holders, if material
8.Bond calls, if material, and tender offers
9.Defeasances
10.Release, substitution or sale of property securing repayment of the securities, if material
11.Rating changes
12.Bankruptcy, insolvency, receivership or similar event of the City
13.The consummation of a merger, consolidation, or acquisition involving the Cityor the sale
of all or substantially all of the assets of the City, other than in the ordinary course of
business, the entry into a definitive agreement to undertake such an action or the
termination of a definitive agreement relating to any such actions, other than pursuant to
its terms, if material
14.Appointment of a successor or additional trustee or the change of name of a trustee, if
material
15.Incurrence of a Financial Obligation of the City, if material, or agreement to covenants,
events of default, remedies, priority rights, or other similar terms of a Financial Obligation
of the Issuer, any of which affect security holders, if material
16.Default, event of acceleration, termination event, modification of terms, or other similar
events under the terms of a Financial Obligation of the City, any of which reflect financial
difficulties
* This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal
agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other
proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving
the existing governing body and officials or officers in possession but subject to the supervision and orders
of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement
or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all
of the assets or business of the City.
EXHIBIT II Continuing Disclosure Agreement
BOND PURCHASE CONTRACT
SALT LAKE CITY, UTAH
$
FEDERALLY TAXABLE SALES AND EXCISE TAX
REVENUE REFUNDING BONDS
SERIES 2021A
Draft of
6/18/21
, 2021
Salt Lake City
451 South State Street
Salt Lake City, Utah 84111
The undersigned, _ (the ), acting on behalf of itself and not as
fiduciary or agent for you, offers to enter into this Bond Purchase Contract (the
) with Salt Lake City, Utah (the ), which, upon the acceptance by the Issuer of
this offer, shall be in full force and effect in accordance with its terms and shall be binding upon
you and the Underwriter.
This offer is made subject to your acceptance and approval on or before [5:00 P.M.], Utah
Time, on , 2021. Terms not otherwise defined herein shall have the same meanings
as are set forth in the hereinafter referred to Preliminary Official Statement.
ARTICLE I
SALE, PURCHASE AND DELIVERY
Section 1.1. Purchase and Sale. On the basis of the representations, warranties and
agreements contained herein and upon the terms and conditions herein set forth, the Underwriter
hereby agrees to purchase, and the Issuer hereby agrees to sell to the Underwriter, all of the
$ Federally Taxable Sales and Excise Tax Revenue Refunding Bonds, Series 2021A
(the 2021A ), at a purchase price of $
amount of the Series 2021 Bonds, less an discount of $
(representing the principal
).
Section 1.2. The Bonds. The Series 2021A Bonds will mature on the dates and in the
amounts and bear interest at the rates per annum as set forth in the Indenture (defined herein) and
as summarized in Exhibit A hereto. The Series 2021A Bonds shall be as described in the Official
Statement dated , 2021, of the Issuer relating to the Series 2021A Bonds (together
with all appendices thereto, the ) and shall be issued pursuant to and secured
under a Master Trust Indenture dated as of September 1, 2004, as heretofore amended and
supplemented (the ), and as further amended and supplemented by a
Supplemental Indenture of Trust dated as of October 1, 2021 (the
Supplemental and together with the General Indenture, the ), all between
Exh G to Deleg Reso - Purchase Contract (refunding) v2.docx
8709966/RDB/mo
- 2 - Purchase Contract (refunding)
the Issuer and Zions Bancorporation, National Association, as trustee (the ), all as
authorized pursuant to a resolution adopted by the City Council of the Issuer (the ) on
August 17, 2021 (the ). The Bonds are payable from and secured by revenues
received by the Issuer from Pledged Excise Taxes on a parity with all Outstanding Parity Bonds
now outstanding under the Indenture and any Additional Bonds hereafter issued under the
Indenture. The Series 2021A Bonds are being issued pursuant to the Resolution, the Indenture,
and the Local Government Bonding Act, Title 11, Chapter 14, and the Utah Refunding Bond Act,
Title 11, Chapter 27, each of the Utah Code Annotated 1953, as amended (collectively, the ).
The proceeds from the sale of the Bonds will be used to (a) refund a portion of the currently
outstanding (i) Sales Tax Revenue Bonds, Series 2012A (the 2012A ) and (ii) Sales
Tax Revenue Bonds, Series 2013B (the and, collectively with the Series
2012A Bonds, the ); (b) refinance certain lease obligations of the City by
was financed by the issuance
of the Local Building Authority of Salt Lake City, (i) Lease Revenue Bonds, Series 2013A
(the ) and (ii) Lease Revenue Bonds Bonds, Series 2014A (the
and, collectively with the 2013A LBA Bonds, the ) and (c) pay
the costs incurred in connection with the issuance and sale of the Series 2021A Bonds and the
refunding of the Refunded Bonds (defined below). The Refunded STR Bonds and the Refunded
LBA Bonds are sometimes collectively referred to herein as the
Section 1.3. Official Statement; Continuing Disclosure. By acceptance and approval of
this Purchase Contract, the Issuer hereby authorizes the use of copies of the following in
connection with the public offering and sale of the Series 2021A Bonds: the Official Statement,
the Indenture, the STR Escrow Agreement (as defined in the _ Supplemental
Indenture), the LBA Escrow Agreement (as defined in the Supplemental Indenture)
and the Continuing Disclosure Undertaking (as hereinafter defined). The Issuer hereby agrees to
provide to the Underwriter within seven (7) business days of the date hereof sufficient copies of
the Official Statement to enable the Underwriter to comply with the requirements of paragraph
(b)(4) of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended ( 15c2-),
and with the requirements of Rule G-32 of the Municipal Securities Rulemaking Board (the
).
(a) The Issuer has heretofore the Preliminary Official Statement
dated , 2021, and relating to the Series 2021A Bonds (the
) for purposes of paragraph (b)(1) of Rule 15c2-12 and acknowledges
and ratifies the use by the Underwriter prior to the date hereof, of the Preliminary Official
Statement in connection with the public offering of the Series 2021A Bonds.
(b) In order to assist the Underwriter in complying with paragraph (b)(5) of
Rule 15c2-12, the Issuer will undertake, pursuant to a Continuing Disclosure Agreement
in substantially the form attached to the Official Statement and to be dated as of the Closing
Date (the ), to send certain financial information
annually to the MSRB, and to provide notice of certain material events to the MSRB
pursuant to the requirements of Section (b)(5) of Rule 15c2-12.
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Section 1.4. Public Offering. The Underwriter agrees to make a public offering of the
Series 2021A Bonds at the initial offering prices or yields set forth on the inside front cover of the
Official Statement. The Underwriter may, however, change such initial offering prices or yields
as it deems necessary in connection with the marketing of the Series 2021A Bonds and offer and
sell the Series 2021A Bonds to certain dealers (including dealers depositing the Series 2021A
Bonds into investment trusts) and others at prices lower than the initial offering prices or yields
set forth in the Official Statement. The Underwriter also reserves the right (a) to over-allot or
effect transactions which stabilize or maintain the market prices of the Series 2021A Bonds at
levels above those which might otherwise prevail in the open market and (b) to discontinue such
transactions, if commenced, at any time without prior notice.
Section 1.5. Closing. At approximately [9:30 a.m.], Utah time, on October 19, 2021, or
on such later date as shall be agreed upon in writing by the Issuer and the Underwriter (the
Date ), the Issuer will cause the Series 2021A Bonds to be delivered to the Underwriter
in definitive form, duly executed and authenticated, and will deliver to the Underwriter the other
documents herein mentioned at the offices of Chapman and Cutler LLP, Salt Lake City, Utah, or
such other location as may be mutually agreed upon by the Issuer and the Underwriter. The
Underwriter will accept such delivery and pay the purchase price of the Series 2021A Bonds as
set forth in Section 1.1 hereof by wire transfer, payable in Federal Funds or other immediately
available funds to the order of the Trustee (such delivery and payment are herein called the
). The Series 2021A Bonds shall be issued in the form of one fully registered Series
2021A Bond for each maturity of the Series 2021A Bonds and shall be registered in the name of
Cede & Co., as nominee for The Depository Trust Company ().
ARTICLE II
REPRESENTATIONS, WARRANTIES AND
AGREEMENTS OF ISSUER
By its acceptance hereof, the Issuer represents and warrants to and covenants with the
Underwriter that:
Section 2.1. The Issuer is a municipality and a public body corporate and politic duly
organized and existing under the laws of the State of Utah (the ) with full power and
authority to consummate the transactions contemplated by this Purchase Contract and the Official
Statement, including the execution, delivery and/or approval of all documents and agreements
referred to herein or therein.
Section 2.2. The Council has duly adopted and approved the Resolution in accordance
with all requirements of State law and the procedural rules, and the Resolution is in full
force and effect on the date hereof.
Section 2.3. The adoption of the Resolution and the execution and delivery of the
Continuing Disclosure Undertaking, the Indenture, the LBA Escrow Agreement, the STR Escrow
Agreement and this Purchase Contract, compliance by the Issuer with the provisions of any or all
of the foregoing documents and the application of the proceeds of the Series 2021A Bonds for the
- 4 - Purchase Contract (refunding)
knowledge, conflict with or result in the breach of any of the terms, conditions or provisions of, or
constitute a default under, any existing law, court or administrative regulation, decree or order,
agreement, indenture, mortgage, lease or instrument to which the Issuer is a party or by which the
Issuer or any of its property is or may be bound.
Section 2.4. All authorizations, approvals, licenses, permits, consents and orders of any
governmental authority, legislative body, board, agency or commission having jurisdiction of the
matter which are required for the due authorization of, which would constitute a condition
precedent to, or the absence of which would materially adversely affect the approval or adoption,
as applicable, of the Resolution, the Continuing Disclosure Undertaking, the Indenture, this
Purchase Contract, the LBA Escrow Agreement or the STR Escrow Agreement, the issuance of
the Series 2021A Bonds or the due performance by the Issuer of its obligations under the
Continuing Disclosure Undertaking, the Indenture, this Purchase Contract, the LBA Escrow
Agreement, the STR Escrow Agreement and the Series 2021A Bonds, have been duly obtained.
Section 2.5. The Series 2021A Bonds and the Indenture conform to the descriptions
thereof contained in the Preliminary Official Statement and the Official Statement under the
captions HE SERIES 2021A BONDS and ECURITY FOR THE SERIES 2021A BONDS the
proceeds of the sale of the Series 2021A Bonds will be applied generally as described in the
Preliminary Official Statement and the Official Statement under the caption LAN OF
REFUNDING
Section 2.6. By all necessary official action of the Issuer prior to or concurrently with the
acceptance hereof, the Issuer has duly authorized all necessary action to be taken by it for the
adoption of the Resolution; the issuance and sale of the Series 2021A Bonds by the Issuer upon
the terms and conditions set forth herein, in the Official Statement and in the Indenture; and the
execution, delivery and receipt of this Purchase Contract, the Indenture, the LBA Escrow
Agreement, the STR Escrow Agreement and the Continuing Disclosure Undertaking, and any and
all such agreements, certificates and documents as may be required to be executed, delivered and
received by the Issuer in order to carry out, effect and consummate the transactions contemplated
hereby and by the Official Statement, including but not limited to such certifications as may be
necessary to establish and preserve the exemption for State individual tax purposes of interest on
the Series 2021A Bonds.
Section 2.7. This Purchase Contract has been duly authorized, executed and delivered,
and constitutes a legal, valid and binding obligation of the Issuer, enforceable in accordance with
its terms, subject to bankruptcy, insolvency, reorganization, moratorium, and other similar laws
and principles of equity relat
Indenture, the LBA Escrow Agreement, the STR Escrow Agreement and the Continuing
Disclosure Undertaking, when duly executed and delivered, will constitute legal, valid and binding
obligations of the Issuer, enforceable in accordance with their terms, subject to bankruptcy,
insolvency, reorganization, moratorium, and other similar laws and principles of equity relating to
or affecting the enforcement of rights.
- 5 - Purchase Contract (refunding)
Section 2.8. Except as described in the Preliminary Official Statement and the Official
Statement, no litigation in State or federal court has been served on the Issuer or is, to the best of
Issuer, or to the knowledge of the Issuer, any
meritorious basis therefor, wherein an unfavorable decision, ruling or finding would have a
material adverse effect on the financial condition of the Issuer or the transactions contemplated by
this Purchase Contract and the Preliminary Official Statement, or would have an adverse effect on
the validity or enforceability of the Series 2021A Bonds, the Resolution, the Indenture, the LBA
Escrow Agreement, the STR Escrow Agreement or the Continuing Disclosure Undertaking, or any
such litigation with merit which would in any way adversely affect the existence or any power of
the Issuer or the titles of its officers to their respective positions or which would in any way
adversely affect the exemption for State individual tax purposes of interest on the Series 2021A
Bonds.
Section 2.9. Based on the advice of the City office, when delivered to and paid
by the Underwriter at the Closing in accordance with the provisions of the Resolution and this
Purchase Contract, the Series 2021A Bonds will have been duly authorized, executed, issued and
delivered and will constitute valid and binding special limited obligations of the Issuer (subject to
bankruptcy, insolvency, reorganization, moratorium, and other similar laws and principles of
equity relating to or affecting the enforcement of rights) in conformity with, and entitled
to the benefit and security of the Indenture on a parity with the Outstanding Parity Bonds.
Section 2.10. The Issuer is not in material breach of or in material default under any
existing law, court or administrative regulation, decree or order, ordinance, resolution, agreement,
indenture, mortgage, lease, sublease or other instrument to which the Issuer is a party or by which
the Issuer or its property is bound; and the execution and delivery of the Series 2021A Bonds, the
Continuing Disclosure Undertaking, the Indenture, the LBA Escrow Agreement, the STR Escrow
Agreement and this Purchase Contract, and compliance with the provisions thereof, will not
materially conflict with or constitute a material breach or a material default under any law,
administrative regulation, judgment, decree, loan agreement, mortgage, indenture, deed of trust,
note, resolution, agreement or other instrument to which the Issuer or its property is or may be
bound.
Section 2.11. No event has occurred or is continuing which, with the passage of time or the
giving of notice, or both, would constitute a material default or a material event of default under
the Indenture, the Continuing Disclosure Undertaking, the LBA Escrow Agreement, the STR
Escrow Agreement or this Purchase Contract and would have a material adverse effect on the
financial condition of the Issuer, the Pledged Excise Taxes or the transactions contemplated by
this Purchase Contract and the Preliminary Official Statement, or would have a material adverse
effect on the validity or enforceability in accordance with their respective terms of the Series
2021A Bonds, the Resolution, the Indenture, the LBA Escrow Agreement, the STR Escrow
Agreement or the Continuing Disclosure Undertaking or in any way materially adversely affect
the existence or any powers of the Issuer or the titles of its officers to their respective positions or
the exemption for State individual tax purposes of interest on the Series 2021A Bonds.
Section 2.12. The information contained in the Preliminary Official Statement was, as of
its date and as of the date hereof, and the information included in the Official Statement will be as
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of its date and as of the Closing Date, true and correct in all material respects. The Preliminary
Official Statement does not contain, and the Official Statement, as of its date and as of the Closing
Date, will not contain any untrue statement of a material fact, and the Preliminary Official
Statement does not omit and the Official Statement, as of its date and as of the Closing Date, will
not omit to state a material fact required to be stated therein or necessary to make the statements
made therein, in the light of the circumstances under which they were made, not misleading;
provided, however, that this representation and warranty shall not be deemed to cover or apply to
(a) information provided to the Issuer in writing by the Underwriter and included on the inside
front cover page of the Preliminary Official Statement or the Official Statement regarding the
principal amount, interest rates, maturities and initial public offering prices of the Series 2021A
Bonds; or (b) statements in the Preliminary Official Statement or the Official Statement relating
to the book-entry system and DTC or the Underwriter.
Section 2.13. If between the date of this Purchase Contract and 25 days following the
of the underwriting -12), any event shall occur which might
or would cause the Official Statement to contain any untrue statement of a material fact or to omit
to state any material fact required to be stated therein or necessary to make the statements therein,
in the light of the circumstance under which they were made, not misleading, the Issuer shall notify
the Underwriter and if, in the opinion of the Underwriter such event requires the preparation and
publication of a supplement or amendment to the Official Statement, the Issuer will supplement or
amend the Official Statement in a form and in a manner approved by the Underwriter. If the
Official Statement is so supplemented or amended prior to the Closing, such approval by the
Underwriter of a supplement or amendment to the Official Statement shall not preclude the
Underwriter from thereafter terminating this Purchase Contract, and if the Official Statement is
amended or supplemented subsequent to the date hereof and prior to the Closing, the Underwriter
may terminate this Purchase Contract by notification to the Issuer at any time prior to the Closing
if, in the reasonable judgment of the Underwriter, such amendment or supplement has or will have
a material adverse effect on the marketability of the Series 2021A Bonds.
Section 2.14. If the Official Statement is supplemented or amended pursuant to Section
2.13 of this Purchase Contract, at the time of each supplement or amendment thereto and (unless
subsequently again supplemented or amended pursuant to such paragraph) at all times subsequent
thereto and prior to 25 days following the end of the underwriting period identified below, the
Official Statement as so supplemented or amended will not contain any untrue statement of a
material fact or omit to state any material fact required to be stated therein or necessary to make
the statements therein, in the light of the circumstances under which made, not misleading.
Section 2.15. The Issuer will not take or omit to take any action which will in any way
cause the proceeds from the sale of the Series 2021A Bonds to be applied or result in such proceeds
being applied in a manner other than as provided in the Indenture.
Section 2.16. The Issuer will furnish such information and execute such instruments and
take such action in cooperation with the Underwriter, at no expense to the Issuer, as the
Underwriter may reasonably request (A) to (i) qualify the Series 2021A Bonds for offer and sale
under the Blue Sky or other securities laws and regulations of such states and other jurisdictions
in the United States as the Underwriter may designate and (ii) determine the eligibility of the Series
- 7 - Purchase Contract (refunding)
2021A Bonds for investment under the laws of such states and other jurisdictions and (B) to
continue such qualifications in effect so long as required for the distribution of the Series 2021A
Bonds (provided, however, that the Issuer will not be required to qualify as a foreign corporation
or to file any general or special consents to service of process under the laws of any jurisdiction)
and will advise the Underwriter immediately of receipt by the Issuer of any written notification
with respect to the suspension of the qualification of the Series 2021A Bonds for sale in any
jurisdiction or the initiation or threat of any proceeding for that purpose.
Section 2.17. The Issuer has complied, and will at the Closing be in compliance in all
respects, with the obligations on its part contained in the Continuing Disclosure Undertaking, this
Purchase Contract, the Indenture, the LBA Escrow Agreement, the STR Escrow Agreement and
any and all other agreements relating thereto.
Section 2.18. Each representation, warranty, or agreement stated in any certificate signed
by any officer of the Issuer and delivered to the Underwriter at or before the Closing shall
constitute a representation, warranty, or agreement by the Issuer upon which the Underwriter shall
be entitled to rely.
Section 2.19. With the exception of the Outstanding Parity Bonds, the Issuer has not
otherwise pledged or assigned the Pledged Excise Taxes other than to secure and pay the Series
2021A Bonds and the Series 2021A Bonds enjoy a first lien and pledge on the Pledged Excise
Taxes on a parity with the Outstanding Parity Bonds.
Section 2.20. The Council has duly authorized and approved the issuance of the Series
2021A Bonds, the execution and delivery of the Indenture, the Continuing Disclosure Undertaking,
the LBA Escrow Agreement, the STR Escrow Agreement and this Purchase Contract.
Section 2.21. Except as described in the Preliminary Official Statement, the Issuer is, and
for the five years previous to the date hereof has been, in compliance with each undertaking it has
entered into pursuant to Rule 15c2-12 of the Securities Exchange Commission.
Section 2.22. The Issuer agrees and acknowledges that: (i) with respect to the engagement
of the Underwriter by the Issuer, including in connection with the purchase, sale and offering of
the Series 2021A Bonds, and the discussions, conferences, negotiations and undertakings in
connection therewith, the Underwriter (a) is and has been acting as a principal and not an agent or
fiduciary of the Issuer and (b) has not assumed an advisory or fiduciary responsibility in favor of
the Issuer; (ii) the Issuer has consulted its own legal, financial and other advisors to the extent it
has deemed appropriate; and (iii) this Purchase Contract expresses the entire relationship between
the parties hereto.
Section 2.23. The financial statements of, and other financial information regarding the
Issuer in the Preliminary Official Statement and in the Official Statement fairly present the
financial position and results of the Issuer as of the dates and for the periods therein set forth. The
financial statements of the Issuer have been prepared in accordance with generally accepted
accounting principles consistently applied, and except as noted in the Preliminary Official
Statement and in the Official Statement, the other historical financial information set forth in the
- 8 - Purchase Contract (refunding)
Preliminary Official Statement and in the Official Statement has been presented on a basis
consistent with that of the audited financial statements included in the Preliminary Official
Statement and in the Official Statement.
Section 2.24. Prior to the Closing, the Issuer will not take any action within or under its
control that will cause any adverse change of a material nature in such financial position, results
of operations or condition, financial or otherwise, of the Issuer.
Section 2.25. The Issuer will not, prior to the Closing, offer or issue any bonds, notes or
other obligations for borrowed money or incur any material liabilities, direct or contingent, except
in the ordinary course of business, without the prior approval of the Underwriter.
ARTICLE III
UNDERWRITER S CONDITIONS
Section 3.1. The Underwriter has entered into this Purchase Contract in reliance upon the
performance by the Issuer of its obligations hereunder. obligations under this
Purchase Contract are and shall be subject to the following further conditions:
(a) At the time of Closing, (1) the Official Statement, the Indenture, the
Resolution, the Continuing Disclosure Undertaking, the LBA Escrow Agreement, the STR
Escrow Agreement and this Purchase Contract shall be in full force and effect and shall not
have been revoked, rescinded, repealed, amended, modified or supplemented, except as
therein permitted or as may have been agreed to in writing by the Underwriter, and (2) the
Issuer shall have duly adopted and there shall be in full force and effect such resolutions
and ordinances as, in the opinion of Chapman and Cutler LLP, bond counsel to the Issuer
(), shall be necessary in connection with the transactions contemplated
hereby.
(b) The Underwriter may terminate its obligations hereunder by written notice
to the Issuer if, at any time subsequent to the date hereof and on or prior to the Closing
Date:
(i) legislation shall be enacted or any action shall be taken by the
Securities and Exchange Commission which, in the opinion of the Underwriter, has
the effect of requiring the offer or sale of the Series 2021A Bonds to be registered
the Securities Act,
issued in connection with or as part of the issuance of the Series 2021A Bonds to
be so registered or the Indenture to be qualified as an indenture under the Trust
Indenture Act of 1939, as amended;
(ii) the marketability of the Series 2021A Bonds or the market price
thereof, or the ability of the Underwriter to enforce contracts for the sale at the
initial offering prices set forth in the Official Statement, in the opinion of the
Underwriter, have been materially adversely affected by an amendment to the
- 9 - Purchase Contract (refunding)
Constitution of the United States or by any legislation in or by the Congress of the
United States or by the State, or the amendment of legislation pending as of the date
of this Purchase Contract in the Congress of the United States, or the
recommendation to Congress or endorsement for passage (by press release, other
form of notice or otherwise) of legislation by the President of the United States, the
Treasury Department of the United States, the Internal Revenue Service or the
Chairman or ranking minority member of the Committee on Finance of the United
States Senate or the Committee on Ways and Means of the United States House of
Representatives, or the proposal for consideration of legislation by either such
Committee or by any member thereof, or the presentment of legislation for
consideration as an option by either such Committee, or by the staff of the Joint
Committee on Taxation of the Congress of the United States, or the favorable
reporting for passage of legislation to either House of the Congress of the United
States by a Committee of such House to which such legislation has been referred
for consideration, or any decision of any federal or State court or any ruling or
regulation (final, temporary or proposed) or official statement on behalf of the
United States Treasury Department, the Internal Revenue Service or other federal
or State authority;
(iii) in the reasonable judgment of the Underwriter, it is impractical or
inadvisable for the Underwriter to market or sell or enforce agreements to sell the
Series 2021A Bonds because (A) trading in securities generally shall have been
suspended on the New York Stock Exchange, Inc., or a general banking moratorium
shall have been established by federal or the State authorities, or (B) the State shall
have taken any action, whether administrative, legislative, judicial or otherwise,
which would have a material adverse effect on the marketing or sale of the Series
2021A Bonds, including any action relating to the tax-exempt status under State
law of the interest to be received by any owner of the Series 2021A Bonds; or (C)
the United States shall have become engaged in hostilities which have resulted in a
declaration of war or a national emergency or there shall have occurred any other
outbreak or escalation of hostilities or a national or international calamity or crises,
financial or otherwise, (D) any financial rating assigned to the Bonds or the Issuer
by S&P Global Ratings (), Fitch Ratings (
Service, Inc. (), as the case may be, shall have been downgraded,
withdrawn, or any other action taken, and such action, in the opinion of the
Underwriter, has a material adverse effect on the marketability of the Series 2021A
Bonds;
(iv) any litigation shall be instituted, pending or threatened (1) to restrain
or enjoin the issuance, sale or delivery of the Series 2021A Bonds, (2) in any way
contesting or affecting any authority for or the validity of the Series 2021A Bonds,
any of the proceedings of the Issuer or the Trustee taken with respect to the issuance
or sale thereof, the pledge, appropriation or application of any moneys or securities
provided for the payment of the Series 2021A Bonds, or (3) in any meritorious way
contesting or affecting the existence or powers of the Issuer or the Trustee or the
titles of their officers to their respective offices;
- 10 - Purchase Contract (refunding)
(v) any event shall have occurred or shall exist which, in the reasonable
judgment of the Underwriter, makes or has made untrue or incorrect in any respect
any statement or information contained in the Official Statement or is not or was
not reflected in the Official Statement but should be or should have been reflected
therein in order to make the statements or information contained therein not
misleading in any material respect;
(vi) there shall have occurred since the date of this Purchase Contract
any materially adverse change in the affairs or financial condition of the Issuer,
except for changes which the Official Statement discloses are expected to occur; or
(vii) a material disruption in securities settlement, payment or clearance
services shall have occurred.
(c) At or prior to the Closing, the Underwriter shall receive the following:
(i) the approving opinion of Chapman and Cutler LLP, Bond Counsel,
dated the Closing Date, in substantially the form attached as Appendix D to the
Official Statement and an Opinion and Negative Assurance Letter of Chapman and
Cutler LLP, as disclosure counsel in the forms attached as Exhibit B hereto;
(ii) the approving opinion of Counsel, dated the closing date, in
the form of Exhibit C hereto;
(iii) the certificate, dated the Closing Date, signed by the Mayor
of the Issuer and the City Recorder of the Issuer and in form and substance
satisfactory to the Underwriter and Bond Counsel, to the effect that (1) the
representations of the Issuer herein are true and correct as of the Closing Date as if
made on the Closing Date; (2) no litigation in State or federal court has been served
on the Issuer or is, to the best of their knowledge, threatened against the Issuer (a)
to restrain or enjoin the issuance or delivery of any of the Series 2021A Bonds, or
the collection of Pledged Excise Taxes pledged under the Indenture, (b) in any way
contesting or affecting the authority for the issuance of the Series 2021A Bonds,
the refunding of the Refunded Bonds or the adoption of the Resolution or the
execution and delivery of the Indenture, the Continuing Disclosure Undertaking,
the LBA Escrow Agreement, the STR Escrow Agreement or this Purchase
Contract, the validity or enforceability of the Bonds, the Indenture, the Continuing
Disclosure Undertaking, the LBA Escrow Agreement, the STR Escrow Agreement
or this Purchase Contract or the exemption for State individual tax purposes of
interest on the Series 2021A Bonds, (c) in any meritorious way contesting the
organization, existence or powers of the Issuer or the titles of its officers to their
respective offices, or (d) contesting or attempting to restrain or enjoining the
application of the proceeds of the Series 2021A Bonds or the payment, collection
or application of Pledged Excise Taxes or the pledge of Pledged Excise Taxes, or
of other moneys, rights and interests pledged pursuant to the Indenture or the
adoption of the Resolution; (3) the descriptions and information contained in the
- 11 - Purchase Contract (refunding)
Official Statement relating to the Issuer, its organization and financial and other
affairs, and the application of the proceeds of sale of the Series 2021A Bonds are
correct in all material respects, as of the date of the Official Statement and as of the
Closing Date; (4) such descriptions and information, as of the date of the Official
Statement did not, and as of the Closing Date do not, contain any untrue statement
of a material fact or omit to state a material fact required to be stated therein or
necessary to make the statements made therein, in the light of the circumstances
under which they were made, not misleading; (5) no event affecting the Issuer has
occurred since the date of the Official Statement that should be disclosed in the
Official Statement for the purpose for which it is to be used or that is necessary to
be disclosed therein in order to make the statements and information therein not
misleading in any material respect; (6) the Indenture, the Continuing Disclosure
Undertaking, the LBA Escrow Agreement, the STR Escrow Agreement and this
Purchase Contract have been duly authorized, executed and delivered by the Issuer
and, assuming due authorization, execution and delivery by the other parties
Continuing Disclosure Undertaking, the LBA Escrow Agreement, the STR Escrow
Agreement and this Purchase Contract constitute legal, valid and binding
agreements of the Issuer enforceable in accordance with their respective terms
except as enforcement may be limited by bankruptcy, insolvency, reorganization,
of equitable remedies; (7) the Resolution authorizing the execution and delivery of
the Indenture, the Continuing Disclosure Undertaking, the LBA Escrow
Agreement, the STR Escrow Agreement and this Purchase Contract has been duly
adopted and has not been modified, amended or repealed except as described in the
Official Statement; and (8) the execution and delivery of the Indenture, Continuing
Disclosure Undertaking, the LBA Escrow Agreement, the STR Escrow Agreement
and this Purchase Contract and compliance with the provisions thereof, under the
circumstances contemplated thereby, do not and will not in any material respect
conflict with or constitute on the part of the Issuer a breach of or default under any
indenture, mortgage, deed of trust, agreement or other instrument to which the
Issuer is a party or any law, public administrative rule or regulation, court order or
consent decree to which the Issuer is subject;
(iv) copies of each of the Resolution, the Indenture, the LBA Escrow
Agreement, the STR Escrow Agreement and the Continuing Disclosure
Undertaking, duly executed by each of the parties thereto;
(v) copies of the Official Statement executed on behalf of the Issuer by
the Mayor of the Issuer;
(vi) the opinion of , as counsel to the Underwriter;
(vii) evidence satisfactory to the Underwriter that the Bonds have
received ratings of and by S&P and respectively;
- 12 - Purchase Contract (refunding)
(viii) all documents, certificates and opinions required by the Indenture;
and
(ix) such additional legal opinions, certificates, instruments and other
documents as the Underwriter or Bond Counsel may reasonably request.
All the opinions, letters, certificates, instruments, and other documents mentioned above
or elsewhere in this Purchase Contract shall be deemed to be in compliance with the provisions
hereof if, but only if, they are in form and substance satisfactory to the Underwriter and the
Underwriter shall have the right to waive any condition set forth in this Section.
ARTICLE IV
EXPENSES
All expenses and costs in connection with the authorization, issuance and sale of the Series
2021A Bonds to the Underwriter, including rating agency fees, the costs of printing of the Series
2021A Bonds, the costs of preparing the Preliminary Official Statement, the Official Statement,
the initial fees of the Trustee in connection with the issuance of the Series 2021A Bonds, the fees
and expenses of Bond Counsel, counsel to the Issuer, counsel to the Underwriter, and the
financial advisor, if any, and travel and other expenses shall be costs and expenses of the Issuer
and shall be paid by the Issuer.
The Underwriter shall pay its travel and other customary costs in connection with the sale
of the Series 2021A Bonds to the Underwriter.
ARTICLE V
{RESERVED}
ARTICLE VI
GENERAL
Any notice or other communication to be given to the Underwriter under this Purchase
Contract may be given by delivering the same in writing to , ,
, , Attention: . Any notice or other communication to
be given to the Issuer under this Purchase Contract may be given by delivering the same in writing
to Salt Lake City Corporation, Attention: City Treasurer, 451 South State Street, Salt Lake City,
Utah 84111. The approval or other action or exercise of judgment by the Underwriter shall be
evidenced by a writing signed on behalf of the Underwriter and delivered to the Issuer.
This Purchase Contract is made solely for the benefit of the Issuer and the Underwriter
(including its successors or assigns) and no other person shall acquire or have any right hereunder
or by virtue hereof. All the representations, warranties, covenants and agreements contained
- 13 - Purchase Contract (refunding)
herein shall remain operative and in full force and effect and shall survive delivery of and payment
of the Series 2021A Bonds hereunder and regardless of any investigation made by the Underwriter
or on their behalf.
This Purchase Contract shall be governed by the laws of the State of Utah.
This Purchase Contract 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.
REPRESENTATION REGARDING ETHICAL STANDARDS FOR ISSUER OFFICERS AND
EMPLOYEES AND FORMER ISSUER OFFICERS AND EMPLOYEES. The Underwriter represents that it
has not: (i) provided an illegal gift or payoff to an Issuer officer or employee or former Issuer
officer or employee, or his or her relative or business entity; (ii) retained any person to solicit or
secure this Purchase Contract upon an agreement or understanding for a commission, percentage,
or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling
agencies for the purpose of securing business; (iii) knowingly breached any of the ethical standards
knowingly influenced, and hereby promises that it will not knowingly influence, an Issuer officer
or employee or former Issuer officer or employee to breach any of the ethical standards set forth
in the conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.
(Signature page follows.)
S-1 Purchase Contract (refunding)
This Purchase Contract shall become effective upon the execution by
and the acceptance hereof by the Issuer.
Very truly yours,
By:
Title:
SALT LAKE CITY, UTAH
[SEAL]
ATTEST:
By:
City Recorder
Time of acceptance:
By:
Mayor
APPROVED AS TO FORM:
By:
Senior City Attorney
A-1 Purchase Contract (refunding)
EXHIBIT A
MATURITY SCHEDULE FOR THE SERIES 2021A BONDS
DUE
(OCTOBER 1)
PRINCIPAL
AMOUNT
INTEREST
RATE
2021 $ %
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
B-1 Purchase Contract (refunding)
EXHIBIT B
FORMS OF SUPPLEMENTAL OPINION AND
NEGATIVE ASSURANCE LETTER OF BOND COUNSEL
, 2021
Re: $
Salt Lake City, Utah
Federally Taxable Sales and Excise
Tax Revenue Refunding Bonds
Series 2021A
Ladies and Gentlemen:
We have acted as disclosure counsel to Salt Lake City, Utah (the ) in connection
with the issuance of $ , aggregate principal amount of the Federally Taxable
Sales and Excise Tax Revenue Refunding Bonds, Series 2021A (the 2021A ) issued
on this date by the Issuer. The Bonds are issued pursuant to a Master Trust Indenture, dated as of
September 1, 2004, as heretofore amended and supplemented (the ), between
the City and Zions Bancorporation, National Association, as trustee (the ), and as further
amended and supplemented by a Supplemental Trust Indenture, dated as of October
1, 2021 (the Supplemental and, collectively with the Master Indenture,
the ), between the Issuer and the Trustee.
Capitalized terms used herein without definition shall have the meanings specified in the
Official Statement, dated , 2021, relating to the Bonds (the ).
Based upon our examination of such documents and questions of law as we have deemed
relevant in connection with the offering and sale of the Bonds under the circumstances described
in the Preliminary Official Statement dated _ , 2021, (the Official
) and in the Official Statement relating to the Bonds, we are of the opinion that, under
existing law, the Series 2021A Bonds are not required to be registered under the Securities Act of
1933, as amended, and the Indenture is not required to be qualified under the Trust Indenture Act
of 1939, as amended.
In rendering this opinion, we have relied upon certifications of the Issuer with respect to
certain material facts within the knowledge of the Issuer. Our opinion represents our legal
B-2 Purchase Contract (refunding)
judgment based upon our review of the laws and the facts that we deem relevant to render such
opinion, and is not a guarantee of result. This opinion is solely for your benefit as purchaser of
the Series 2021A Bonds. This opinion is given as of the date hereof and we assume no obligation
to revise or supplement this opinion to reflect any facts or circumstances that may hereafter come
to our attention or any changes in law that may hereafter occur.
This opinion is furnished by us as bond counsel. No attorney-client relationship has existed
or exists between our firm and yourselves in connection with the Series 2021A Bonds or by virtue
of this opinion. This opinion is not intended to be relied upon by owners of the Series 2021A
Bonds or by any other party to whom it is not specifically addressed.
Respectfully submitted,
B-3 Purchase Contract (refunding)
[NEGATIVE ASSURANCE LETTER]
, 2021
Re: $
Salt Lake City, Utah
Federally Taxable Sales and Excise
Tax Revenue Refunding Bonds
Series 2021A
Ladies and Gentlemen:
We have acted as disclosure counsel to Salt Lake City, Utah (the ) in connection
with the issuance of $ , aggregate principal amount of the Federally Taxable
Sales and Excise Tax Revenue Refunding Bonds, Series 2021A (the ),
issued on this date by the Issuer. The Bonds are issued pursuant to a Master Trust Indenture, dated
as of September 1, 2004, as heretofore amended and supplemented (the ),
between the City and Zions Bancorporation, National Association, as trustee (the ), and
as further amended and supplemented by a Supplemental Trust Indenture, dated as of
October 1, 2021 (the Supplemental and, collectively with the Master
Indenture, the ), between the Issuer and the Trustee. The Series 2021A Bonds are
being issued pursuant to the terms of the Bond Purchase Contract, dated _ , 2021 (the
), between the Issuer and (the ).
In accordance with our understanding with the Issuer, we have reviewed the official
statement of the Issuer with respect to the Series 2021A Bonds, dated , 2021 (the
), certificates of officers of the Issuer and other appropriate persons, our
opinions as bond counsel, and such other records, reports, opinions and documents, and we have
made such investigations of law, as we have deemed appropriate as a basis for the conclusion
hereinafter expressed. Capitalized terms not otherwise defined herein shall have the meanings
ascribed thereto in the Official Statement. As to facts material to the views expressed herein, we
have, with your consent, relied upon oral or written statements and representations of officers or
other representatives of the Issuer, including the representations and warranties of the Issuer in the
Purchase Contract.
In arriving at the conclusion hereinafter expressed, we are not expressing any opinion or
view on, and with your permission are assuming and relying on, the validity, accuracy and
sufficiency of the records, reports, documents, certificates and opinions referred to above
B-4 Purchase Contract (refunding)
(including the accuracy of all factual matters represented and legal conclusions contained therein,
including, without limitation, any representations and legal conclusions regarding the due
authorization, issuance, delivery, validity and enforceability of the Series 2021A Bonds, the tax
treatment of interest on the Series 2021A Bonds for federal income tax purposes, and the
application of Series 2021A Bond proceeds in accordance with the authorization therefor). We
have assumed that all records, reports, documents, certificates and opinions that we have reviewed,
and the signatures thereto, are genuine.
We are not passing upon, and do not assume any responsibility for, the accuracy,
completeness or fairness of any of the statements contained in the Official Statement and make no
representation that we have independently verified the accuracy, completeness or fairness of any
such statements. In our capacity as disclosure counsel to the Issuer, to assist it in discharging its
responsibility with respect to the Official Statement, we participated in conferences and
correspondence with your representatives, representatives of the Issuer and other persons involved
in the preparation of information for the Official Statement, during which the contents of the
Official Statement and related matters were discussed and revised. The purpose of our professional
engagement was not to establish or confirm factual matters set forth in the Official Statement, and
we have not undertaken any obligation to verify independently any of the factual matters set forth
therein. Moreover, many of the determinations required to be made in the preparation of the
Official Statement involve matters of a non-legal nature. Based on our participation in the above-
mentioned conferences and correspondence, and in reliance thereon and on our limited review of
the records, reports, documents, certificates, statements, representations, warranties, opinions and
matters mentioned above, without independent verification, we advise you as a matter of fact and
not opinion that, during the course of our role as disclosure counsel to the Issuer with respect to
the Bonds, no facts have come to the attention of the attorneys in our firm rendering legal services
in connection with such role which caused us to believe that the Official Statement (apart from
(i) CUSIP numbers, (ii) the information relating to The Depository Trust Company and its book-
entry only system, and (iii) the financial statements or other financial, operating, statistical,
numerical or accounting data contained or incorporated therein, as to all of which we do not
express any conclusion or belief) contained as of its date or contains as of the date hereof any
untrue statement of a material fact or omitted or omits to state a material fact required to be stated
therein or necessary in order to make the statements made therein, in the light of the circumstances
under which they were made, not misleading. No responsibility is undertaken or statement
rendered with respect to any other disclosure document, materials or activity, or as to any
information from another document or source referred to by or incorporated by reference in the
Official Statement.
By acceptance of this letter you recognize and acknowledge that: (i) the preceding
paragraph is not a legal opinion but is rather in the nature of negative observations based on certain
limited activities performed by specific lawyers in our firm in our role as disclosure counsel to the
Issuer; (ii) the scope of those activities performed by us for purposes of delivering this letter was
inherently limited and does not purport to encompass all activities necessary for compliance with
applicable securities laws; (iii) those activities performed by us rely on third party representations,
warranties, certifications, statements and opinions, including and primarily, representations,
warranties and certifications made by the Issuer, and are otherwise subject to the conditions set
forth herein; (iv) we have not been engaged to act, and have not acted, as your counsel for any
B-5 Purchase Contract (refunding)
purpose in connection with the issuance of the Series 2021A Bonds; (v) no attorney-client
relationship exists or has at any time existed between us in connection with the Series 2021A
Bonds or by virtue of this letter; and (vi) this letter is based upon our review of proceedings and
other documents undertaken as part of our engagement with the Issuer, and in order to deliver this
letter we neither undertook any duties or responsibilities to you nor conducted any activities in
addition to those undertaken or conducted for the benefit of, and requested by, the Issuer.
Consequently, we make no representation that our review has been adequate for your purposes.
In further accordance with our understanding with the Issuer, we express herein no opinion
or belief with respect to the validity of the Series 2021A Bonds or the taxation thereof or of the
interest thereon, and our expression of belief with respect to the Official Statement assumes the
validity of the Series 2021A Bonds, as set forth in our separate opinion as bond counsel.
This letter is solely for the benefit of the Underwriter and may not be used, quoted, relied
upon or otherwise referred to for any other purpose or by any other person (including any person
purchasing any of the Series 2021A Bonds from the Underwriter) without our prior written
consent. This letter is given as of the date hereof and we assume no obligation to revise or
supplement this letter to reflect any facts or circumstances that may hereafter come to our attention.
Respectfully submitted,
C-1 Purchase Contract (refunding)
EXHIBIT C
FORM OF OPINION OF ISSUER S COUNSEL
, 2021
Zions Bancorporation, National Association
One South Main Street, 12th Floor
Salt Lake City, Utah 84133
Chapman and Cutler LLP
215 South State Street, Suite 800
Salt Lake City, Utah 84111
Re: $
Salt Lake City, Utah
Federally Taxable Sales and Excise
Tax Revenue Refunding Bonds
Series 2021A
Ladies and Gentlemen:
I am the City Attorney of Salt Lake City, Utah (the ), in connection with the
Taxable Sales and Excise Tax Revenue
Refunding Bonds, Series 2021A (the ). For purposes of this opinion,
capitalized terms used herein and not defined have the meanings assigned to them in the Master
Trust Indenture, dated as of September 1, 2004, as heretofore amended and supplemented (the
), between the City and Zions Bancorporation, National Association, as trustee
(the ), and as further amended and supplemented by a _ Supplemental Trust
Indenture, dated as of October 1, 2021 (the Supplemental and,
collectively with the Master Indenture, the ).
I, or others in this office under my supervision, have examined Resolution No. of 2021
adopted by the City Council of the City (the ) on August 17, 2021 (the
) providing for the issuance of the Series 2021A Bonds, that certain Certificate of
Determination, dated , 2021, and such other documents and records of the City and
any other papers as I or they have deemed relevant and necessary as the basis for the opinions
hereinafter set forth. In this connection, I or they have examined fully executed counterparts of
such documents, original or photostatic or certified copies of records of the City, certificates or
letters of officers of the City and certificates of certain public officials. In such examination, I or
C-2 Purchase Contract (refunding)
they have assumed the genuineness and authenticity of all documents submitted to me or us as
originals and the conformity to original documents of documents submitted to me or us as certified
or photostatic copies. I or they have relied upon such certificates of public officials and such
certificates of officers of the City with respect to the accuracy of factual matters contained therein
as I or they have deemed relevant and necessary as a basis for the opinions hereinafter set forth
and I or they know of no reason why I or they should not rely thereon. All references herein to
agreements, instruments, documents, laws, statutes, regulations, orders, writs, decrees and
injunctions are as of the date hereof. Based upon the foregoing, I am of the opinion that:
1. The City has been duly and validly created as a municipality and public body
corporate and politic existing under the laws of the State of Utah, with full power and authority
(a) to enter into, execute and deliver the Indenture, the Continuing Disclosure Agreement of the
City dated as of the date hereof (the Disclosure ); the Escrow Agreement,
dated as of October 1, 2021 (the ), between the City [, the Local
Building Authority of Salt Lake City, Utah] and U.S. Bank National Association, as escrow agent;
the Escrow Agreement, dated as of October 1, 2021 (the ), between the
City and Zions Bancorporation, National Association, as escrow agent; and the Bond Purchase
Contract, dated , 2021, entered into by and between the City and
(the ); and (b) to perform its obligations under the Indenture, the Continuing
Disclosure Agreement, the LBA Escrow Agreement, the STR Escrow Agreement and the Purchase
Contract and to authorize and issue, sell and deliver the Series 2021A Bonds.
2. The officials of the City named in the Preliminary Official Statement relating to the
Series 2021A Bonds, dated , 2021 (the Official ) and the
Official Statement relating to the Series 2021A Bonds, dated , 2021 (the
), have been duly elected or appointed and are as of the date hereof, qualified to serve
in their respective positions.
3. The City Council has duly adopted the Resolution authorizing the execution, issuance
and delivery of the Series 2021A Bonds, the Indenture, the Continuing Disclosure Agreement, the
LBA Escrow Agreement, the STR Escrow Agreement and the Purchase Contract, and the Series
2021A Bonds, the Indenture, the Purchase Contract, LBA Escrow Agreement, the STR Escrow
Agreement and the Continuing Disclosure Agreement have each been duly authorized, executed
and delivered by the City and assuming due authorization, execution and delivery by the other
parties, if any, thereto, all such instruments constitute valid and binding limited obligations of the
City enforceable in accordance with their respective terms except as the enforceability thereof may
be limited by bankruptcy, insolvency, moratorium, or other laws affecting rights
generally or usual equity principles in the event equitable remedies are sought.
4. The Indenture creates a valid lien and charge against the Revenues and other funds
and accounts created under the Indenture and pledged for the benefit of the payment of the Series
2021A Bonds.
5. The execution and delivery of the Indenture, the Series 2021A Bonds, the Continuing
Disclosure Agreement, the LBA Escrow Agreement, the STR Escrow Agreement and the Purchase
Contract by the City and compliance with the provisions thereof will not conflict with or constitute
C-3 Purchase Contract (refunding)
a material breach or material default under any applicable law, administrative regulation, court
order or consent decree of the State of Utah or, to my knowledge, of the United States of America
or of any department, division, agency or instrumentality of either or any ordinance, agreement,
note, resolution, indenture or other instrument of which I have knowledge to which the City is a
party or by which it is bound.
6. To the best of my knowledge, after due inquiry, there is no amendment or proposed
amendment certified for placement on a statewide ballot to the Constitution of the State of Utah
that would materially adversely affect the Series 2021A Bonds or any holder thereof in his capacity
as such or the ability of the City to perform its obligations under the Indenture, the Continuing
Disclosure Agreement, the LBA Escrow Agreement, the STR Escrow Agreement or the Purchase
Contract.
7. All approvals, consents and orders of any governmental entity, authority, board,
agency or commission having jurisdiction that would constitute conditions precedent to the
performance by the City of its obligations under the Indenture, the Series 2021A Bonds, the
Continuing Disclosure Agreement, the LBA Escrow Agreement, the STR Escrow Agreement or
the Purchase Contract have been obtained.
8. To the best of my knowledge after due inquiry, except as disclosed in the Preliminary
Official Statement and the Official Statement, no litigation in the State of Utah or federal court has
been served on the City or is threatened: (a) in any way affecting the existence of the City or
contesting or affecting the validity or authority for the issuance of the Series 2021A Bonds or the
refunding of the Refunded Bonds or seeking to restrain or enjoin the issuance or delivery of the
Series 2021A Bonds or the transactions contemplated in the Official Statement and the Indenture;
(b) contesting the validity of the Indenture, the Series 2021A Bonds, the Continuing Disclosure
Agreement, the LBA Escrow Agreement, the STR Escrow Agreement or the Purchase Contract;
(c) contesting or affecting or seeking to restrain or enjoin the collection of Revenues or other
moneys pledged or to be pledged to pay the principal of and interest on the Series 2021A Bonds
or otherwise under the Indenture or the pledge thereof; (d) contesting in any way the completeness
or accuracy of the Official Statement; or (e) contesting the power of the officials of the City or its
authority with respect to the Indenture, the Series 2021A Bonds, the Official Statement, the
Continuing Disclosure Agreement, the LBA Escrow Agreement, the STR Escrow Agreement or
the Purchase Contract.
9. While not passing upon, and not assuming responsibility for, the accuracy,
completeness or fairness of the statements contained in the Preliminary Official Statement and the
Official Statement, no facts have come to my attention which lead me to believe that (apart from
the financial information, statistical data and forecasts contained therein, and information
concerning The Depository Trust Company, the Trustee and the Financial Advisor, as to which no
opinion or belief is expressed) the Preliminary Official Statement, as of its date and as of the date
of the Purchase Contract, and the Official Statement, as of its date and as of the date hereof,
contained or contains any untrue statement of a material fact or omitted to state at its date or omits
at the date hereof to state any material fact necessary in order to make the statements therein, in
light of the circumstances under which they were made, not misleading.
C-4 Purchase Contract (refunding)
This opinion is furnished solely for the benefit of its addressees and may not be relied upon
by any other person.
Very truly yours,
City Attorney
Salt Lake City, Utah
Draft of
6/18/21
ESCROW AGREEMENT
[Between][By and Among]
SALT LAKE CITY, UTAH
[LOCAL BUILDING AUTHORITY OF SALT LAKE CITY, UTAH]
AND
, as Escrow Agent
$
SALT LAKE CITY, UTAH
FEDERALLY TAXABLE SALES AND EXCISE TAX REVENUE REFUNDING BONDS
SERIES 2021
providing for the refunding of all of the
Revenue Bonds
Series 201
And
Revenue Bonds
Series 201
DATED AS OF _, 2021
Exh H to Deleg Reso Escrow Agreement v5.docx
8709966/RDB/mo
TABLE OF CONTENTS
SECTION PAGE
ARTICLE I DEFINITIONS ......................................................................................................................... 1
ARTICLE II RECITALS ............................................................................................................................... 3
ARTICLE III CREATION OF ESCROW ...................................................................................................... 3
ARTICLE IV COVENANTS OF ESCROW AGENT .................................................................................. 4
ARTICLE V COVENANTS OF CITY ......................................................................................................... 6
ARTICLE VI NOTICE OF REDEMPTION .................................................................................................. 6
ARTICLE VII AMENDMENTS, REINVESTMENT OF FUNDS, IRREVOCABILITY
OF AGREEMENT ................................................................................................................... 7
ARTICLE VIII NOTICES TO THE CITY, THE CITY TREASURER AND THE
ESCROW AGENT .................................................................................................................. 8
ARTICLE IX TERMINATION OF AGREEMENT ...................................................................................... 9
ARTICLE X COUNTERPARTS ................................................................................................................... 9
ARTICLE XI REPRESENTATION REGARDING ETHICAL STANDARDS FOR
CITY OFFICERS AND EMPLOYEES AND FORM CITY OFFICERS
AND EMPLOYEES .................................................................................................................. 9
Signatures ...................................................................................................................................... 10
EXHIBIT A Escrow SLGS
SCHEDULE 1 Form of Notice of Redemption
SCHEDULE 2 Notice of Refunding and Defeasance
- i - Escrow Agreement
ESCROW AGREEMENT
THIS ESCROW AGREEMENT, dated as of , 2021, by and [between][among] SALT
LAKE CITY, UTAH, a body corporate and a political subdivision of the State of Utah, organized and
existing under the laws of the State of Utah (the ), [the Local Building Authority of Salt
Lake City, Utah, a Utah nonprofit corporation (the )] and , a
national banking association duly organized and existing under the laws of the United States of
America (the ), for and in consideration of the mutual covenants herein contained
and in consideration of Five Dollars ($5.00) duly paid by the City to the Escrow Agent, the receipt
whereof is hereby acknowledged,
W I T N E S S E T H:
ARTICLE I
DEFINITIONS
Section 1.01. The following words and terms used in this Escrow Agreement shall have the
following meanings unless the context or use clearly indicates another or different meaning:
means, collectively, the Utah Refunding Bond Act, Chapter 27 of Title 11 of the
Utah Code, the Registered Public Obligations Act, Chapter 7 of Title 15 of the Utah Code, and
other applicable provisions of law.
means this Escrow Agreement between the City[, the Authority] and the
Escrow Agent.
means that certain resolution adopted by the Board of Directors
on August 17, 2021, authorizing (a) the refunding the Refunded Bonds and (b) this Agreement.]
of means the Board of Directors of the Authority.]
means that certain resolution adopted by the City Council on August
17, 2021, including as apart of such resolution that certain Certificate of Determination, dated
, 2021, authorizing (a) the issuance of the Series 2021B Bonds for the purpose of,
among other things, refunding the Refunded Bonds and (b) this Agreement.
means Salt Lake City, Utah.
means the City Council of the City.
means the City Recorder of the City, or in the case of the absence or
disability of the City Recorder, any Deputy City Recorder.
Escrow Agreement
- 2 - Escrow Agreement
means the City Treasurer of the City or, in the case of the absence or
disability of the City Treasurer, the Deputy Treasurer of the City.
means the Internal Revenue Code of 1986, as amended.
means the irrevocable trust account established under this Agreement
by the deposit of the Escrow Investments.
means , in its capacity as Escrow Agent hereunder or
its successor.
means the Government Securities, purchased with proceeds of the
Series 2021B Bonds in connection with the refunding of the Refunded Bonds and deposited
hereunder, as more particularly described in Exhibit A attached hereto.
means direct obligations of the United States of America, or
other securities the principal of and interest on which are unconditionally guaranteed by the United
States of America.
means that certain Master Trust Indenture, dated as of September 1, 2004, as
heretofore amended and supplemented, and as further amended and supplemented by that certain
Supplemental Trust Indenture, dated as of October 1, 2021, relating to the Series 2021
Bonds, each between the City and Zions Bancorporation, National Association, as trustee.
means that certain Indenture of Trust, Mortgage, Assignment of Lease
Agreements and Security Agreement, dated as of June 1, 2012, between the Authority and U.S.
Bank National Association, as trustee.]
means the Mayor of the City, or in the event of absence or disability of the Mayor,
the Chief of Staff or other person duly authorized to perform the duties of the Mayor.
means the President of the Board of Directors, or in the event of absence or
disability of the President, the Vice President of the Board of Directors.]
means .
means the opinion and report of , independent Certified Public
Accountants, delivered simultaneously herewith.
means the Secretary/Clerk of the Authority, or in the event of
absence or disability of the Secretary/Clerk, any other person duly authorized to perform
the duties of the Secretary/Clerk.]
201 means the $ aggregate principal amount of
Revenue Bonds, Series 201 , dated , 201_.
- 3 - Escrow Agreement
201 means the $ aggregate principal amount of
Revenue Bonds, Series 201 , dated , 201_.
2021 Bond means the $ Federally Taxable Sales and Excise Tax
Revenue Refunding Bonds, Series 2021, authorized to be issued by the Bond Resolution and the
Indenture.
ARTICLE II
RECITALS
Section 2.01. This Agreement is entered into pursuant to authority contained in the Act,
[the Authority Resolution,] the Bond Resolution and the Indenture, and is executed by [(a)] the
Mayor, the City Treasurer and the City Recorder pursuant to authority contained in the Bond
Resolution [and (b) the President and the Secretary/Clerk pursuant to authority contained in the
Authority Resolution]. This Agreement is irrevocable and is not subject to amendment except as
otherwise expressly provided in Article VII hereof.
Section 2.02. The City Council adopted the Bond Resolution authorizing the issuance of
the Series 2021 Bonds for the purpose, among other things, of refunding the Refunded Bonds. A
certified copy of the Bond Resolution has been heretofore delivered to the Escrow Agent by the
City. The Series 2021 Bonds have been sold, and it is contemplated that they will be delivered to
the purchasers thereof on or about , 2021. The Bond Resolution and the Indenture
provide that a portion of the proceeds from the sale of the Series 2021 Bonds shall, simultaneously
with the delivery of the Series 2021 Bonds, be deposited with the Escrow Agent in trust in
accordance with the provisions of this Agreement.
Section 2.03. The Refunded Bonds are payable at the principal corporate trust office of the
paying agent for the Refunded Bonds.
Section 2.04. The Refunded Bonds were issued pursuant to the [Indenture][LBA
Indenture]. The Refunded Bonds are outstanding in the aggregate principal amount, bear interest
and mature as set forth in the definition of such term. The Refunded Bonds are subject to
redemption on any date on or after _, 202_, at a redemption price equal to 100%
(expressed as a percentage of the principal amount of the Refunded Bonds so called for
redemption) plus accrued interest thereon to the redemption date. The Refunded Bonds will be
called for redemption on , 202_, pursuant to [the Authority Resolution,] the Bond
Resolution[, the LBA Indenture] and the Indenture.
ARTICLE III
CREATION OF ESCROW
Section 3.01. The City by the Bond Resolution and the Indenture has authorized the
issuance and delivery of the Series 2021 Bonds, $ of the proceeds of which are to be
- 4 - Escrow Agreement
used to refund the Refunded Bonds by the deposit with the Escrow Agent of moneys that are
sufficient to provide a beginning deposit on demand and to purchase the Escrow Investments on
behalf of the [Authority][City]. As provided in the Report, such beginning deposit and the Escrow
Investments will provide all moneys necessary to pay the principal or redemption price of and
interest on the Refunded Bonds when due pursuant to regularly scheduled interest payments and
calls for redemption.
Section 3.02. The City will deposit $_ from the proceeds of sale of the Series
2021 Bonds, together with $ of funds on deposit in the ,
$ of which shall be used for the purchase of the Escrow Investments and $
of which shall be used for the funding of the beginning cash deposit on demand with the Escrow
Agent. The beginning deposit and the Escrow Investments are to be held in the Escrow Account
for the [Authority][City] for the benefit of the owners and holders of the Refunded Bonds to pay
the principal and redemption price of and interest on the Refunded Bonds as the same fall due on
each interest payment date, at maturity or on the redemption date, as set forth in the cash flow
schedules to the Report, and the same are hereby irrevocably pledged to the payment of the
principal or redemption price of and interest on the Refunded Bonds in accordance herewith.
ARTICLE IV
COVENANTS OF ESCROW AGENT
Section 4.01. The Escrow Agent covenants and agrees with [the Authority] and the City as
follows:
(1) The Escrow Agent will hold the Escrow Investments and all interest income
or profit derived therefrom and all uninvested deposits in an irrevocable segregated and
separate trust fund account solely and exclusively for the purposes for which escrowed.
(2) The Escrow Agent at the written direction of the City Treasurer [(on behalf
of the Authority)] shall invest any uninvested cash in the Escrow Account in Government
Securities to mature when needed as set forth in the cash flow schedules to the Report;
provided, however, that Government Securities shall be purchased only if there is an
established market for such securities and the market price is paid therefor. In the event
moneys cannot be invested as described in the preceding sentence due to the denomination,
price or availability of such investments, such amounts shall be held uninvested, but only
to the minimum extent necessary. The Escrow Agent shall hold balances not so invested
in the Escrow Account on demand and in trust for the purposes hereof and such demand
deposits shall be secured as required by OCC regulations.
(3) The Escrow Agent will promptly collect all principal, interest or profit from
the Escrow Investments and promptly apply the same as necessary to the payment of the
redemption price of and interest on the Refunded Bonds as the same become due on each
interest payment date, maturity date and redemption date, and as will meet the requirements
for the retirement of the Refunded Bonds as set forth in the Cash Flow Schedules to the
- 5 - Escrow Agreement
Report, and such payments shall fully release and discharge the Escrow Agent from any
further duty or obligation thereto under this Agreement.
(4) The Escrow Agent will remit to the paying agent for the Refunded Bonds,
in good funds on or before each interest payment date or redemption date of the Refunded
Bonds, moneys sufficient to pay such interest and redemption price as will meet the
requirements for the retirement of the Refunded Bonds and such remittances shall fully
release and discharge the Escrow Agent from any further duty or obligation thereto under
this Agreement.
(5) No fees of the Escrow Agent, any paying agent on the Refunded Bonds or
the paying agent on the Series 2021 Bonds, or any other charges, may be paid from the
money or Escrow Investments in the Escrow Account prior to retirement of the Refunded
Bonds, and the City agrees that it will pay all such fees as such payments become due.
Neither the Escrow Agent, any paying agent on the Refunded Bonds nor the paying agent
on the Series 2021 Bonds will have any lien on or with respect to the money or Escrow
Investments in the Escrow Account.
(6) The Escrow Agent has all the powers and duties herein set forth with no
liability in connection with any act or omission to act hereunder, except for its own
negligence or willful breach of trust, and shall be under no obligation to institute any suit,
action or other proceeding under this Agreement or to enter any appearance in any suit,
action or proceeding in which it may be defendant or to take any steps in the enforcement
of its, or any, rights and powers hereunder, nor shall be deemed to have failed to take any
such action, unless and until it shall have been indemnified by the City to the Escrow
satisfaction against any and all costs and expenses, outlays, counsel fees and other
disbursements, including its own reasonable fees, and if any judgment, decree or recovery
be obtained by the Escrow Agent, payment of all sums due it, as aforesaid, shall be a first
charge against the amount of any such judgment, decree or recovery.
(7) The Escrow Agent will submit to the City Treasurer [(on behalf of the
Authority)] a statement within ten (10) days after June 30 of each year, commencing June
30, 2022, itemizing all moneys received by it and all payments made by it under the
provisions of this Agreement during the preceding 12-month period (or shorter period from
the date of execution hereof to June 30, 2022), and also listing the Escrow Investments on
deposit therewith on the date of said report, including all moneys held by it received as
interest on or profit from the collection of the Escrow Investments.
(8) If at any time it shall appear to the Escrow Agent that the available proceeds
of the Escrow Investments and deposits on demand in the Escrow Account will not be
sufficient to make any payment due to the owners or holders of any of the Refunded Bonds,
the Escrow Agent shall, to the extent possible, notify [the Authority,] the City Treasurer
and the City not less than five (5) days prior to the date such payment is due to the owners
or holders of any of the Refunded Bonds and the City agrees that it will from any funds
legally available for such purpose make up the anticipated deficit so that no default in the
making of any such payment will occur.
- 6 - Escrow Agreement
ARTICLE V
COVENANTS OF CITY [AND THE AUTHORITY]
Section 5.01. The City covenants and agrees with the Escrow Agent as follows:
(a) The Escrow Agent shall have no responsibility or liability whatsoever for (i) any of
the recitals of the City herein, (ii) the performance of or compliance with any covenant, condition,
term or provision of the Bond Resolution and (iii) any undertaking or statement of the City
hereunder or under the Bond Resolution and the Indenture.
(b) Except as herein otherwise expressly provided, all payments to be made by, and all
acts and things required to be done by, the Escrow Agent under the terms and provisions of this
Agreement, shall be made and done by the Escrow Agent without any further direction or authority
of the City.
[Section 5.02. The Authority covenants and agrees with the Escrow Agent as follows:
(a) The Escrow Agent shall have no responsibility or liability whatsoever for (i) any of
the recitals of the Authority herein, (ii) the performance of or compliance with any covenant,
condition, term or provision of the Authority Resolution and (iii) any undertaking or statement of
the Authority hereunder or under the Authority Resolution and the LBA Indenture.
(b) Except as herein otherwise expressly provided, all payments to be made by, and all
acts and things required to be done by, the Escrow Agent under the terms and provisions of this
Agreement, shall be made and done by the Escrow Agent without any further direction or authority
of the Authority.]
ARTICLE VI
NOTICE OF REDEMPTION
Section 6.01. The Escrow Agent, as agent for the [Authority][City] and as trustee for the
Refunded Bonds, shall cause notice of the call for redemption of the Refunded Bonds to be given
by first class mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption
date, to the registered owner, as of the record date, of each Refunded Bond which is subject to
redemption, at the address of such registered owner as it appears in the registration books of the
[Authority][City] kept by the trustee, or at such other address as is furnished to the trustee in
writing by such registered owner on or prior to the record date. Such notice of redemption shall
specify the date for the redemption of the Refunded Bonds, which shall be , 202_.
The Escrow Agent acknowledges receipt of a copy of the form of such notice of redemption. Such
notice shall be in substantially the form set forth in Schedule 1 attached hereto.
Section 6.02. The Escrow Agent shall further give such notice of redemption at least two
(2) business days in advance of the mailed notice to the holders described in Section 6.01 above
as required under then-current operating procedures and as required by Section of the
- 7 - Escrow Agreement
and Section of the , relating to the Refunded Bonds, to all registered
securities depositories then in the business of holding substantial amounts of obligations of types
comprising the Refunded Bonds.
Section 6.03. The City acknowledges that pursuant to the Continuing Disclosure
Agreements, dated , 201_, and , 201_ relating to the Refunded Bonds it
is required to provide a notice of defeasance. The City hereby authorizes and directs the Escrow
Agent, and the Escrow Agent agrees, to give such notice in substantially the form attached hereto
as Schedule 2.
ARTICLE VII
AMENDMENTS, REINVESTMENT OF FUNDS,
IRREVOCABILITY OF AGREEMENT
Section 7.01. This Agreement may be amended or supplemented for any one or more of
the following purposes: (a) to make provision for the curing of any ambiguity, or of curing or
correcting any defective provision contained in this Agreement, or of severing any provision of
this Agreement that has been determined to be illegal by a court of competent jurisdiction, and (b)
to add to the covenants and agreements of [the Authority,] the City or the Escrow Agent contained
in this Agreement, other covenants and agreements thereafter to be observed by [the Authority,]
the City or the Escrow Agent or to make any other provision for the purpose of protecting the
rights of the owners and holders of the Refunded Bonds or the Series 2021 Bonds (any such
amendment or supplement to be referred to as a ), upon submission to the
Escrow Agent of each of the following:
(i) Certified copy of proceedings of the City Council authorizing the
Subsequent Action and a copy of the document effecting the Subsequent Action signed by
duly designated officers of the City.
(ii) An opinion of nationally recognized bond counsel nationally recognized as
having an expertise in the area of municipal bonds to the effect that the Subsequent Action
is a permitted Subsequent Action under the terms of Section 7.01 hereof and does not
adversely affect the legal rights of the owners or holders of the Series 2021 Bonds or the
Refunded Bonds.
(iii) An opinion of a firm of nationally recognized independent certified public
accountants to the effect that the amounts (which will consist of cash or deposits on demand
held in trust or receipts from direct full faith and credit obligations of the United States of
America, not subject to call and redemption prior to maturity, all of which shall be held
hereunder) available or to be available for payment of the Refunded Bonds will remain
sufficient to pay when due the redemption price of and interest on the Refunded Bonds
after the taking of the Subsequent Action; provided, however, that in no event shall such
direct full faith and credit obligations of the United States of America so on deposit include
money market funds consisting of investments in such obligations.
- 8 - Escrow Agreement
[(iv) Certified copy of proceedings of the Board of Directors authorizing the
Subsequent Action and a copy of the document effecting the Subsequent Action signed by
duly designated officers of the Authority.]
Section 7.02. Except as provided in Section 7.01 hereof, all of the rights, powers, duties
and obligations of the Escrow Agent hereunder shall be irrevocable and shall not be subject to
amendment by the Escrow Agent and shall be binding on any successor to the Escrow Agent during
the term of this Agreement.
Section 7.03. Except as provided in Section 7.01 hereof, all of the rights, powers, duties
and obligations of the City hereunder shall be irrevocable and shall not be subject to amendment
by the City and shall be binding on any successor to the officials now comprising the City Council
or the officials of the City during the term of this Agreement.
[Section 7.04. Except as provided in Section 7.01 hereof, all of the rights, powers, duties
and obligations of the Authority hereunder shall be irrevocable and shall not be subject to
amendment by the Authority and shall be binding on any successor to the officials now comprising
the Board of Directors or the officials of the Authority during the term of this Agreement.]
ARTICLE VIII
NOTICES TO [THE AUTHORITY,] THE CITY, THE CITY TREASURER
AND THE ESCROW AGENT
Section 8.01. All notices and communications to the City shall be addressed in writing to:
Salt Lake City, Attention: City Recorder, 451 South State Street, Salt Lake City, Utah 84111, or
such other address as may be directed by the City from time to time by written instruction.
Section 8.02. All notices and communications to the City Treasurer shall be addressed in
writing to: City Treasurer, Salt Lake City, 451 South State Street, Room 228, Salt Lake City, Utah
84111, or such other address as may be directed by the City Treasurer from time to time by written
instruction.
Section 8.03. All notices and communications to the Escrow Agent shall be addressed in
writing to: Zions Bancorporation, National Association, One South Temple, Twelfth Floor, Salt
Lake City, Utah, 84133, Attention: Corporate Trust Department, or such other address as may be
directed by the Escrow Agent from time to time by written instruction.
[Section 8.04. All notices and communications to the Authority shall be addressed in writing
to: Local Building Authority of Salt Lake City, Attention: Secretary/Clerk, 451 South State Street,
Room 415, Salt Lake City, Utah 84111, or such other address as may be directed by the Authority
from time to time by written instruction.]
- 9 - Escrow Agreement
ARTICLE IX
TERMINATION OF AGREEMENT
Section 9.01. Upon final disbursement of funds sufficient to pay the redemption price of
and interest on the Refunded Bonds as hereinabove provided for, the Escrow Agent will transfer,
with due notice thereof mailed to [the Authority,] the City Treasurer and the City, any balance
remaining in the Escrow Account to the trustee for the Series 2021 Bonds for deposit into the
Principal and Interest Fund established under the Indenture and used to pay interest on the Series
2021 Bonds. Thereupon, this Agreement shall terminate.
ARTICLE X
COUNTERPARTS
Section 10.01. This Agreement may be executed in counterparts, each of which shall
constitute an original.
ARTICLE XI
REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES
AND FORMER CITY OFFICERS AND EMPLOYEES
Section 11.01. The Escrow Agent represents that it has not: (a) provided an illegal gift or
payoff to a City officer or employee or former City officer or employee, or his or her relative or
business entity; (b) retained any person to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide
employees or bona fide commercial selling agencies for the purpose of securing business; (c)
knowingly breached any of the ethical standards set forth
ordinance, Chapter 2.44, Salt Lake City Code; or (d) knowingly influenced, and hereby promises
that it will not knowingly influence, a City officer or employee or former City officer or employee
to breach any of the ethical standards set forth in the conflict of interest ordinance, Chapter
2.44, Salt Lake City Code.
(Signature page follows.)
- 10 - Escrow Agreement
IN WITNESS WHEREOF, the City has caused this Agreement to be signed in its official name
by its Mayor and City Treasurer and attested and countersigned by the City Recorder and its
official seal to be hereunto affixed[, the Authority has caused this Agreement to be signed in its
official name by the President and attested and countersigned by the Secretary/Clerk and its official
seal to be hereunto affixed] and has caused this Agreement to be signed in its
corporate name by one of its , all as of the day and year first above written.
SALT LAKE CITY, UTAH
By
Mayor
[SEAL]
ATTEST AND COUNTERSIGN:
By
City Recorder
By
City Treasurer
APPROVED AS TO FORM:
By
Senior City Attorney
[LOCAL BUILDING AUTHORITY OF SALT LAKE
CITY, UTAH
[SEAL]
ATTEST AND COUNTERSIGN:
By
Secretary/Clerk]
By
President
, as Escrow Agent
- 11 - Escrow Agreement
By
Its _
A-1 Escrow Agreement
EXHIBIT A
[GOVERNMENT SECURITIES]
See attached.
Schedule 1-1 Escrow Agreement
SCHEDULE 1
[FORM OF NOTICE OF REDEMPTION]
NOTICE OF REDEMPTION
[LOCAL BUILDING AUTHORITY OF] SALT LAKE CITY, UTAH
REVENUE BONDS
SERIES 201
NOTICE IS HEREBY GIVEN that [the Local Building Authority of] Salt Lake City, Utah (the
), has called and does hereby call for redemption, on , 202_ (the Fixed
for ), all of the currently outstanding Revenue Bonds, Series
201 , dated , 201_ (the ), of the Issuer, identified under the caption
RINCIPAL AMOUNT REFUNDED below and numbered, maturing on _ of the years, in
the principal amount, bearing interest at the rate per annum and with the CUSIP number, all as
follows:
NUMBERED
SCHEDULED
MATURITY
( )
PRINCIPAL
AMOUNT
REFUNDED
INTEREST
RATE
CUSIP
NUMBER*
( )
at , in , __ (the or
), at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed,
plus accrued interest thereon to the Redemption Date.
The redemption price of each Bond hereby called for redemption shall be paid on and after
the Date Fixed for Redemption upon surrender of such Bond at either of the following addresses:
BY HAND: BY MAIL:
_
* No representation is made as to the correctness of the CUSIP Number either as printed on the Bonds or as
contained in this Notice of Redemption. Reliance may be placed only on the identification numbers contained in
this notice or printed on the Bonds.
Schedule 1-2 Escrow Agreement
_
_
Interest due on the Date Fixed for Redemption on each Bond so called for redemption shall
be paid by check or draft of the Trustee for the Bonds mailed to the registered owner of the Bond
at the address appearing on the bond register of the Issuer maintained by the Trustee on the Record
Date.
NOTICE IS FURTHER GIVEN that funds necessary to pay the redemption price for each such
Bond will be available at the place of payment on the Date Fixed for Redemption and interest on
each such Bond shall cease to accrue from and after such Date Fixed for Redemption and on the
Date Fixed for Redemption there will become due and payable on each of said Bonds the principal
thereof and interest accrued thereon to the Date Fixed for Redemption.
Federal law requires the Paying Agent to withhold taxes at the applicable rate from the
payment if an IRS Form W-9 or applicable IRS Form W-8 is not provided. Please visit
www.irs.gov for additional information on the tax forms and instructions.
GIVEN BY ORDER of [the Local Building Authority of] Salt Lake City, Utah, this
day of _, .
, as Escrow Agent
By
Its _
Schedule 2-1 Escrow Agreement
SCHEDULE 2
[FORM OF NOTICE OF REFUNDING AND DEFEASANCE]
NOTICE OF REFUNDING AND DEFEASANCE
OF
[LOCAL BUILDING AUTHORITY OF] SALT LAKE CITY,UTAH
SCHEDULED
$
REVENUE BONDS
SERIES 201
CUSIP
MATURITY
( )
PRINCIPAL
AMOUNT
INTEREST
RATE
NUMBER
( )
TOTAL $
NOTICE IS HEREBY GIVEN that for the payment of the interest on and principal of the bonds
described above (the ), there have been deposited in escrow with , Salt
Lake City, Utah (the ), moneys which have been invested in direct obligations of
the United States of America, or other securities the principal of and interest on which are
unconditionally guaranteed by the United States of America or held in cash. The projected
principal payments to be received from such securities and theprojected interest income therefrom
havebeen calculated to be sufficient, with such cash, to paythe principal and interest requirements
on such Bonds when due through and including the redemption prior to maturity of the Bonds on
, 202_.
DATED this day of , 2021.
,as Escrow Agent
Item B2
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Sam Owen, Policy Analyst
DATE:September 21, 2021
RE:Ordinance: 2020 Salt Lake City Street Lighting Master Plan
MOTION 1
I move the Council close the public hearing and defer action to a future Council meeting.
MOTION 2
I move the Council continue the public hearing to a future Council meeting.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Sam Owen, Policy Analyst
DATE:August 17, 2021
RE:2020 Salt Lake City Street Lighting Master Plan
NEW INFORMATION
Pursuant to city resolution and state code, the City Council asked the Administration to present the
Street Lighting Master Plan proposal to the City Planning Commission. The April 14, 2021 City
Planning Commission forwarded the following along with a positive recommendation (i.e. a
recommendation that the City adopt the plan & its accompanying documents): the Commissioner
recommended that the Council “further explore the warmness of the light and the kelvin temperatures
and further understand that fully.” (Attachment 3)
It’s the understanding of Council staff that the Department of Public Utilities is confident in the plan’s
current recommendations and resources in the context of color temperature. The following
reconstruction of feedback and new information might be helpful and draws from a technical memo
(Attachment 2) prepared by the department & its consultant on the topic of light temperature and
impacts to the following categories of organic life.
The Department has communicated that the plan in its current state has adequate and appropriate
control measures to mitigate impacts to humans and wildlife, such as its neighborhood-level
evaluation and engagement recommendations for the process of developing lighting solutions for
unique geographic areas throughout the city.
-Birds:
o “There is no evidence that color temperature is a driving force in attraction and
mortality of migratory birds.” (Attachment 2, page 11, last paragraph).
-Insects:
o “One group where color is relatively more important is insects, which are, in general,
more attracted to blue, violet, and ultraviolet than yellows and reds. There are
exceptions to this pattern, but studies of insect attraction to different color
temperatures of LED find that lower color temperatures attract fewer insects. This
relationship has been quantified and can be used to compare attraction of specific
options for street lighting [citation omitted for clarity]. For nearly all [insect]
organisms investigated, lower color temperatures are assessed to have reduce impacts.”
(Attachment 2, page 11, last full paragraph)
Item Schedule:
Briefing: August 17, 2021
Public Hearing: TBD
Potential Action: TBD
Page | 2
-Human beings:
o “Scientists who are skeptical about the potential for outdoor to affect human health
point to the intensity thresholds for melatonin suppression. Based on models of human
physiology, they demonstrate that melatonin suppression is likely to be very small or
not measurable below approximately 5 [lux] [this is a technical measurement for one
dimension of lighting intensity]. Since outdoor lighting rarely reaches these levels
within dwellings, the impact is presumed to be minimal, regardless of color
temperature. This argument, however, does not extend to exposures outdoors at night
and illumination under street lighting often exceeds 5 lux.
A precautionary approach to color temperature for human circadian health relative to
outdoor lighting would be to favor the use of lower color temperature lighting… which
then would be balanced against other guideposts.” (Attachment 2, page 11, first
paragraph, emphasis added)
Finally, dark skies interests have been referenced or represented as compelling for inclusion and
serious consideration in the plan. The Department’s technical memo provides the following advice for
technical implementation sensitive to dark skies interests: “The take-home message of this research
for the Salt Lake City street lighting master plan is that for LED lamps lights to reduce light pollution
compared with the previously common HPS lamps, they must be 0% uplight [sic], 50% less bright,
and with a [color temperature] of no greater than 3000 K.” (Attachment 2, page 12, last paragraph)
In other words, for dark skies interests & for purposes of reducing impacts to organic life, the
Department has represented that the plan allows for flexible and responsive implementation of
lighting strategies to address a range of concerns, such as those listed as examples above.
In the future, the Council might consider the following elements in the context of a
potential motion considering adoption of the plan:
-The Council could include legislative intent language that the “dark skies” mitigation criteria
for “minimum impact on light pollution” be followed uniformly & that the department provide
annual or bi-annual reports on locations where that guidance has been superseded by other
constraints in the course of lighting implementation.
-The Council could ask the Department to consider where impacts to wildlife can be reduced or
eliminated, and provide a report on proactive lighting implementation that takes this value
into account as the plan moves ahead.
-The Council might ask the Department or Administration to consider options for evaluating
impacts to insect communities as a result of City street lighting changes.
-The Council might ask the Department to consider whether and where there are situations
where residents or groups of residents could regularly experience lighting intensity from public
fixtures at a level that would disrupt melatonin regulation.
Attachments
1. Transmittal
2. Department correlation report
3. April 14, 2021 Planning Commission minutes
Page | 3
PREVIOUS INFORMATION FROM THE FEBRUARY 2021 BRIEFING
ISSUE AT-A-GLANCE
The Council will receive a briefing on the proposed Street Lighting master plan. The new plan
synthesizes community feedback and technical advice into a document by which the department
proposes to guide street lighting improvement and maintenance throughout the city. The plan seeks to
create accommodation for different lighting needs and desires throughout the city.
Adoption of the street lighting master plan does not have a budget impact for this fiscal year; however
it is likely that deliberation on and adoption of the plan would pave the way for a new capital
improvement program and financial strategy for the Street Lighting enterprise fund. These
subsequent phases would have budgetary impacts for the enterprise fund, as well as potential impacts
to ratepayers.
ADDITIONAL BACKGROUND
From the transmittal: “The most recent street lighting plan was completed in 2006. In 2013, the
management of the streetlight system was transferred from the Transportation Division to the
Department of Public Utilities. This transfer included changing the funding source for the operation,
maintenance and capital improvements of the system from the General Fund and Special Assessment
Areas [SAA] to a newly created street lighting enterprise fund.”
The city provides different tiers of lighting service through the Street Lighting enterprise fund that the
current system inherited from the previous SAA structure; for example, enhanced lighting areas in
Rose Park, Yalecrest, and in the downtown area are assessed different rates for corresponding lighting
service that varies from the basic streetlighting in most of the city. Additionally, the department
maintains a private lighting program that receives a $20,000 annual grant from the general fund. This
funding allows property owners to obtain matching funds from the city for private light installation in
the public right-of-way. Maintenance of those private lights is the responsibility of the property owner,
although the department facilitates access to a lighting contractor to support that.
From the transmittal: “During the first few years of conversion to the new LED fixtures mainly within
industrial, commercial and higher density residential areas, Public Utilities received more positive
feedback than negative. When installation [of new LED lights] began in the residential neighborhoods,
there were more complaints. Residents were not pleased with the brightness of the lights as well as the
white light emitted. The City is also proactively working on various streets projects, community
improvement projects, pedestrian and bicycle friendly projects, and issues related to crime. Street
lighting has a role to play in all of these endeavors.” To this end, the plan also contemplates its
intersections with other adopted city planning documents. (transmittal page 39 et seq., plan page 19 et
seq.)
The department conducted extensive outreach through community and technical advisor groups. A
more detailed report on the outreach is located in the transmittal on pages three and four.
Furthermore, Council Members met in small groups with the administration to discuss the plan over
the summer of 2020.
ATTACHMENTS
1. Administration transmittal
Page | 4
POLICY QUESTIONS
1. Council Members often receive persistent and sometimes conflicting requests from
community members and community groups for lighting.
a. The Council might be interested in hearing from the administration about how
requests from community members and community groups would be vetted so
that lighting implementation takes place with inclusive engagement.
b. Council Members might wish to know how the administration proposes
resolving conflicting lighting requests; e.g. would those be resolved by taking
polls of property owners; what other methods would be available to determine
how to move forward when requests are conflicting for one area.
2. Council Members have adopted the expectation through resolution that master plans
go through a vetting process that includes review by the city’s Planning Commission.
The Street Lighting master plan has been in progress since before that resolution was
officially adopted in 2020. The Council has adopted other planning documents since
the resolution adoption that have not been reviewed by the Planning Commission.
a. Council Members might wish to request feedback from the administration on
the potential value of the Planning Commission reviewing the lighting plan
before its potential adoption.
3. The Council might wish for more specific figures related to the anticipated annual
budget impact when it comes to ongoing, regular implementation of the guidance in the
plan.
a. Additionally, when it comes to annual budget deliberations for the Street
Lighting enterprise fund, the Council might request a more extensive oversight
and guidance role when it comes to capital planning and appropriations for
each coming year, not unlike the general fund capital improvement program
process.
b. An opportunity to review this enterprise fund budget in greater depth each year
and throughout the interim could give the Council greater opportunity to review
the capital planning and budget proposals for equity considerations.
c. Because the technical and service requirements of the Street Lighting fund are
different from the other Public Utilities enterprise funds, additional budget
oversight and engagement could be more appropriate when it comes to the
improvements and expansions of the city’s lighting system on the basis of the
proposed plan.
4. Community members have inquired about the creation of enhanced lighting areas
through the general fund capital improvement program (CIP). Council Members might
ask for feedback from the department about the feasibility of creating these enhanced
lighting areas through general fund CIP, and then transferring the asset to the
enterprise fund for maintenance and cost recovery through increased lighting fees.
APPENDIX A
The master plan proposes the following policy statements (transmittal page 18; plan page 10):
Based on the application of planning guideposts and input of the steering and
technical committees, the master plan implements the following major policies:
• Street lighting will enhance safety through the implementation
of industry recognized standards.
Page | 5
• Street lighting standards include allowances to encourage dimming strategies
relating to pedestrian activity, wildlife and dark skies lighting.
• Street lighting will minimize the obtrusive effects of light at night resulting from
light trespass, light pollution, and glare through the selection and placement of
appropriate poles, fixtures, light type, and light levels.
• Provide pedestrian lighting in accordance with neighborhood plans and in
accordance with the typologies in this plan.
• Provide street and pedestrian lighting that minimizes impacts to sensitive
wildlife species.
• Select fixture types to provide dark skies protection.
• Implementation based on neighborhood and community input to determine pole,
fixture type, maximum and minimum light level, and the implementation of
adaptive dimming applications when appropriate.
The plan also enumerates a number of implementation priorities and steps; “proposed for
highest priority are neighborhoods current underserved for street and/or pedestrian
lighting based on adjacent land uses.” (plan page 11) Furthermore, “high conflict areas”
such as neighborhood byways and transit stations are proposed to be highest priority.
High conflict refers to the potential for an area to have a diversity of uses and needs. The
plan offers a helpful side-by-side table showing how the policy proposals have been
revised from their 2006 predecessors. (transmittal pages 34-35, plan pages 14-15)
APPENDIX B
The plan proposes the following process for implementation (transmittal page 19, plan
page 11). This process, all four steps, would take place systematically based on
recommendations and classifications made in the plan.
STEP ONE:
• Identify high conflict areas in the City
• Review the current lighting map to identify underserved neighborhoods
and high conflict areas
• Respond to request from community or neighborhood for lighting change
STEP TWO:
Page | 6
• Contact community and neighborhood representatives to identify
priorities and review options according to the matrix
•Identify neighborhood-preferred option according to the matrix
STEP THREE:
• Estimate cost of preferred option
• Seek funding approval
STEP FOUR:
• Design, schedule and implement preferred option
APPENDIX C
Page | 7
Page | 8
APPENDIX D
Salt Lake City Street Lighting Master Plan
Process & Issues Related to Correlated Color Temperatures (CCT)
06/16/2021
The topic of Correlated Color Temperature (CCT), which describes the perceived color of a light source, related
to street lighting has become quite controversial with the transition from predominantly high pressure sodium
(HPS) street lights with an amber color temperature (2200K CCT) to light emitting diode (LED) street lights,
which are can vary in color temp, typically from warm white (2700K) to cool/bluish white (5000K).
Recommendation: With a complexity of various research and opinions related to the CCT of street lighting, we
recommend that Salt Lake City perform a few pilot installations that demonstrate and compare different
CCTs in a few areas throughout the city, such as Single-Family Residential, Multi-Family Residential,
Commercial, and Downtown. These demonstrations will allow Salt Lake City to engage the public and
stakeholder groups in the final selection of CCT that is preferred and appropriate for each area. This process
should include some educational outreach to inform the public about the various issues related to CCT as
described in this memo and gather data on the preferences of the public and stakeholder groups.
What is Correlated Color Temperature (CCT)?
Correlated Color Temperature (CCT) is a measure of light source color appearance as compared to an ideal
blackbody radiator that is heated to a specific temperature, measured in degrees Kelvin (K). This is similar to
the variation of color seen in flames of a fire or gas stove. The higher temperature flame is perceived as blue
and lower temperature flame is perceived as yellow to orange.
How CCT is Addressed in the SLC Street Lighting Master Plan
The CCT of street lighting affects a few different areas of human experience and environmental impacts,
including: Brightness Perception, Nighttime Visibility, Color Identification, Aesthetic Character, Personal and
Cultural Preference, Human Health, Dark Skies and Behavior of Wildlife and Insects. This article from Pew
Charitable Trusts, “Citing Health Concerns, Some Cities Consider Dimmer LED Streetlights”provides an
overview of some of the controversial topics.
The Salt Lake City Street Lighting Master Plan has considered all of these perspectives by implementing a
thorough Engagement Process, evaluating current research, and providing flexibility of on-going community
engagement to determine the final CCT to be used in each neighborhood or Council District. This Engagement
Process helped to develop the Guideposts for this Street Lighting Master Plan, which are: Safety, Character,
Responsibility and Equity. All of the decisions and guidance within this Plan have been considered and
balanced in relationship to these Guideposts. Considering the Guidepost of Responsibility, the Street Lighting
Master Plan has followed the advice from the American Medical Association (AMA) and International Dark-Sky
Association (IDA) for a maximum of 3000K CCT in Commercial, Retail, Civic and Downtown areas. This Master
Plan goes further, by limiting the CCT in Residential areas to 2700K maximum, and near environmentally
sensitive areas to 2200K maximum. By stating “maximum” CCT levels, and providing a path for on-going
community engagement, this plan allows the flexibility for each community to determine if they would
prefer lower CCTs than these maximums.
The topic of CCT related to visibility and health are currently very active areas of research, with varying
conclusions which are sometimes contradictory. In general, the current body of research, and understanding
of human preferences indicates the following trends, which have been categorized according to the Street
Lighting Master Plan Guideposts:
Safety – Brightness Perception: Higher CCT’s tend to appear brighter at night, even at lower measured
light levels.This is related to a shift in spectral sensitivity toward blue light in lower light levels
experienced at night under street lighting. While this can have a positive effect on visibility, it can also
have a negative effect of increased glare if not properly controlled. Early LED streetlight conversions
using cool/bluish white (5000K) LEDs installations received significantly negative public reaction.
Safety – Nighttime Visibility: Higher CCT’s may improve visibility at night, however, some studies are
contradictory. Some street lighting visibility studies show that higher CCT’s result in improved visual
detection distance1. Other studies show lower CCT’s with improved detection distance, however, the
lower CCT may result in fatigue and reduced detection distance over longer periods of time
2.
Safety – Color Identification:Color Rendering is more important than CCT for color identification. This
topic of color identification was noted as a high priority for the Police Department. Prior to LED, lower
CCT light sources like high pressure sodium (HPS) (2200K) and low pressure sodium (LPS) (1800K) also
had very low color rendering index (CRI), making it more difficult to accurately identify colors of
objects seen under these light sources. Newer LEDs that use a phosphor-corrected amber (PC Amber)
to achieve lower CCTs (1800K – 2200K) can have improved CRI that is closer to higher CCT light
sources. The PC Amber light source does not yet have wide-spread use in street lighting, and has not
been included in many street lighting research studies. The proposed pilot studies are an excellent
opportunity for Salt Lake City to evaluate PC Amber LED against standard white-light LEDs that are
based on phosphor-corrected blue LEDs.
Character – Aesthetics, Personal & Cultural Preference: CCT can evoke a wide variety of emotions or
perceptions, which can vary from person to person. The very warm amber light from streetlights with
lower CCT’s (1800K – 2200K) associated with the legacy light sources of LPS and HPS may be perceived
as “outdated” by some, while others perceive this color as “warm” and “inviting. Higher CCT’s (4000K
+) are often perceived as “institutional” or “sterile”, while some may perceive this as “contemporary”,
“clean” and “crisp”. The proposed pilot studies would allow citizens and stakeholders to express their
subjective opinions and allow the City to make a data-driven decision for what is appropriate in
different areas.
1800K 2200K 2700K 3000K 3500K 4000K
Warmer --- Cooler
Private/Intimate --- Public
Residential/Hospitality --- Commercial/Institutional
Historic --- Contemporary
Fuzzy/Dingy --- Crisp/Clean
Comfortable --- Glary
Responsibility – Human Health: Exposure to too much light at night, especially higher CCT light with
more blue content, can disrupt healthy sleeping cycles, or circadian rhythms, in humans.Light in the
blue spectrum suppresses melatonin, which is needed during the day for people to wake up and be
alert. Exposure to blue spectrum light at night also suppresses or delays melatonin production,
resulting in sleep disruption, which can lead to increased long-term risk of some types of cancer,
including breast cancer and prostate cancer. While higher CCT lighting does play a significant role in
melatonin suppression, it is also important to control light levels, reduce glare, and avoid light trespass
from street lighting. Total exposure to light at night, or dosage of light, is needed to understand the
full impact of street lighting as compared to other light exposure from interior lighting, computer
screens, TVs and light trespass from private property.
Responsibility – Dark Skies: Higher CCT light sources with more blue spectrum light contribute more to
sky glow than lower CCT light sources.The molecular composition of the Earth’s atmosphere refracts,
or scatters, blue spectrum light, which is why our sky looks blue. Controlling light that is distributed
directly upward into the sky is critical to reducing light pollution. This Street Lighting Master Plan
includes recommendations to reduce light pollution from all decorative lights, including Downtown
and Sugarhouse historic lights and neighborhood pedestrian lighting, such as Rose Park. This Plan also
reduces blue spectrum content, changing from 4000K CCT to 3000K, 2700K and 2200K CCTs,
depending on adjacent land use.
Responsibility – Behavior of Wildlife and Insects: In general, higher CCT light sources with more blue
spectrum light result in more negative effects on wildlife and insects.All full spectrum white lights
(2700 K and up) are considerably more biologically active than existing HPS lights and new PC Amber
LED lights. Using fully-shielded, low glare lights is also an important factor in reducing impacts to
wildlife and the ecosystem. Limiting light trespass into open space areas and critical wildlife habitats,
and providing adaptive dimming schedules are also included in this Street Lighting Master Plan.
Equity – What is the Right Thing for each Neighborhood?:Engaging each community in the final
decision for the type of lighting and CCT is an important part of an equitable solution.This process
should include some education on the topics included in this memo and others related to street
lighting, as well as some survey and pilot demonstration to gather data on the opinions of the
residents and business owners in the area. While some areas may want more light and higher CCT for
safety concerns, this should be balanced with a responsible approach that incorporates all the issues
of human and environmental health, especially in residential areas.
More Background Information
1. Engagement Process
The Salt Lake City Street Lighting Masterplan was developed from a multi-level approach with a diverse set of
stakeholders and community members including:
An Advisory Committee which met six times and included representatives from each City Council
District, Department of Public Utilities, and the Mayor’s Office. The Advisory Committee provided
guidance on policy issues and visioning. This group participated in site tours and surveys, visioning
sessions and progress updates along the way.
A Technical Committee with City representatives from Police, Fire, Sustainability, Engineering,
Planning and Urban Forestry. The Technical Committee represented the interests of their
departments and contributed to the vision and guiding principles. This group participated in a site
tour to inform their feedback throughout the process.
The material and ideas produced from both groups was them reviewed by a community stakeholder group
with representation from Education, Business, Transit/Multi-modal transportation, and Environmental
organizations. The final draft plan includes input from both committees and feedback received during
stakeholder review. Once the draft document was complete, it received initial review from the City Council
and Planning Commission with a final recommendation to the City Council for adoption.
2. Guideposts: Safety, Character, Responsibility, Equity
a. Safety
i. Brightness Perception
The human eye contains two types of light activated cells in the retina, cones and rods. Cone cells require a
higher light level to be activated, and are responsible for color perception, experienced during the day and
under interior light levels. The rod cells are activated under lower light level conditions typically experienced
at night, and provide only gray-scale visual perception. The cones are more sensitive to the yellow end of the
spectrum and rods are more sensitive to the blue end of the spectrum. All lighting metrics, even for street
lighting use the daytime visual sensitivity curve, yet LED light sources with more blue spectrum content, or
higher CCT, appear brighter under lower light levels than lower CCT light sources. This effect is known as the
Purkinje Shift. This explains why people often perceive LED street lights as “brighter” and “more glary”.
ii. Nighttime Visibility Research
There are multiple studies by the Virginia Tech Transportation Institute (VTTI) that study how different street
lighting characteristics affect visibility. These studies measure visual detection distance of objects under
different light levels and CCT’s. Some studies show that higher CCT’s, particularly 4000K – 4100K resulted in
increased visual detection distance, even at 25% of the light level of HPS lights at 2100K1. Yet, the results are
not consistent when comparing CCT and detection distance across multiple studies, and a more recent study
showed that HPS at 2100K resulted in increased visual detection distance than 4000K LED 2.
Figure summarizing studies on detection distance under different roadway lighting in Anchorage, San Jose, San
Diego, and Seattle.
Figure showing comparison of CCT and different light levels on Detection Distance over multiple laps driving
around a test roadway at Virginia Tech Transportation Institute2.
iii. Color Identification
Accurate color identification of objects depends on the spectrum of the light source illuminating the object.
This is measured as Color Rendering Index (CRI), which ranges from 0 – 100, using a broad spectrum light
incandescent source as the reference. The image below shows a red car parked in front of a convenience store
with two different light sources illuminating the car. The parking lot has low pressure sodium lights (CRI - 0)
that have a very narrow, amber color spectrum, which distorts the red color of the car. The front of the car,
near the fluorescent light (CRI - 70) emanating from the convenience store has a broader spectrum of light,
which more accurately renders the red color.
LED light sources commonly used for street lighting with CCT of 2700K – 5000K typically have a CRI of 70 – 80.
The most common legacy light source for street lighting was high pressure sodium (HPS) with a CCT of 2200K
had a CRI of 20 – 35. The image below shows a side-by-side comparison of these light sources (LED on the left,
and HPS on the right) and their resulting ability to render colors in the field of vision.
Newer PC Amber LED light sources provide 2200K and lower CCT with CRI’s ranging from 35 - 68. The higher
range of this CRI is comparable to the lower range of CCT for LEDs with higher 2700K - 5000K. While most
major street lighting manufacturers do not currently offer PC Amber as a standard option, most
manufacturers will consider providing PC Amber as a special modification.
3. Character
a. Perception of Character and Aesthetics
Color temperature of lighting affects many different aspects of human experience. Color temperature is
perceived as cooler (blue) to neutral (white) to warmer (yellow to orange), which is inverse to the
temperature measurement of the ideal black body radiator (or flame temperature). Higher color temperatures
are described as “cooler” and lower color temperatures are described as “warmer”. Color temperature can
also evoke certain emotions or perceptions such as:
1800K 2200K 2700K 3000K 3500K 4000K
Warmer --- Cooler
Private/Intimate --- Public
Residential/Hospitality --- Commercial/Institutional
Historic --- Contemporary
Fuzzy/Dingy --- Crisp/Clean
Comfortable --- Glary
Figure 1. Example of PC Amber used in an environmentally sensitive area.https://adlt.com.au/wp-
content/uploads/2014/02/IMG_7110-620x413.jpg
References 1800K 2200K 2700K 3000K 3500K 4000K 5000K 6000K
In Nature Campfire Sunrise/Sunset Moon Daylight
Color
Description Orange Amber Warm White Warm White Neutral White Cool White Cool Blue
Legacy Light
Sources
Low Pressure
Sodium (LPS)
High Pressure
Sodium (HPS)Incandescent Halogen
Neutral White
Fluorescent
Cool White
Fluorescent
Daylight
Fluorescent
(Limited Use)
Interior
Lighting Limited Use Dimmed
Hospitality
Residential /
Hospitality
Residential /
Hospitality Office Office /
Healthcare
Office /
Healthcare
(Limited Use)
Exterior
Lighting
Near
Astronomic
Observatories
Street Lighting
before LED
Higher End
Pedestian
Lighting
Early LED Street
Lighting
Installations
Figure 2. Example of 2200 K LED used for environmental and aesthetic sensitivity.
https://www.atpiluminacion.com/files/actualidad/201223_Yamaguchi/atp-iluminacion-yamaguchi-2@2x.png
Figure 3. Example of 2700 K LEDs in the field.
Figure 4. Example of 3000 K LEDs in the field.https://www.clantonassociates.com/our-projects/16th-street-mall
Responsibility (Longcore)
b. CCT / Spectrum & Human Health
Human circadian rhythms can be influenced by exposure to light at night. The mechanism is presumed to be
the suppression of melatonin production. Melatonin is a naturally occurring hormone that is produced by
humans and most organisms during darkness and it plays central roles in regulating human daily rhythms
across all aspects of human physiology. It is also “oncostatic”, meaning that it keeps cancer tumors from
growing. Because exposure to too much light at night suppresses melatonin, unnatural light exposure has
been identified as a risk factor for certain cancers, including breast and prostate cancer. Suppression of
melatonin varies depending on the wavelengths of light, with a peak sensitivity in the light blue. Daylight, with
a color temperature of 6500 K, is very effective at suppressing melatonin production (Figure 5).
Figure 5. Spectral power of daylight (colors) with the overlap with human melatonin suppression sensitivity (lighter colors). Melatonin
sensitivity curve is in the background in gray. Upper left: Daylight (D65), Upper right: 4200 K LED, Lower left: 2200 K LED, Lower right:
1900K High Pressure Sodium. Source: fluxometer.com
The relative power of lights to suppress melatonin can be calculated, and it decreases with color temperature
for standard light sources (Figure 3).
Few studies connect color temperature with health outcomes in the epidemiological literature, perhaps
because the technology to do such studies is only recently becoming available. A study of breast and prostate
cancer in Spain published in 2018 provides initial information, which is consistent with greater effects being
associated with higher color temperatures. In this study, greater blue light outdoors at residences of cancer
patients compared with those of controls was associated with a 47% increased risk of breast cancer and a
doubling in prostate cancer risk3. In contrast, outdoor lighting alone (of all colors) was not associated with
increased risk. The study also accounted for light experienced in the sleeping environment, with a significantly
greater risk of prostate cancer for those sleeping in a “quite illuminated” bedroom, but no statistically
significant result for breast cancer3.
Figure 3. Relative sensitivity of human circadian system, as measured by melatonin suppression, for typical LED light sources and High
Pressure Sodium, compared with an equal brightness of daylight.
Scientists who are skeptical about the potential for outdoor to affect human health point to the intensity
thresholds for melatonin suppression. Based on models of human physiology, they demonstrate that
melatonin suppression is likely to be very small or not measurable below approximately 5 lux4. Since outdoor
lighting rarely reaches these levels within dwellings, the impact is presumed to be minimal, regardless of color
temperature. This argument, however, does not extend to exposures outdoors at night and illumination
under street lighting often exceeds 5 lux.
A precautionary approach to color temperature for human circadian health relative to outdoor lighting would
be to favor the use of lower color temperature lighting (Figure 3), which then would be balanced against other
guideposts.
c. CCT / Spectrum & Critical Wildlife Habitat
i. Tracy Aviary
Color temperature is one factor that influences the degree to which light at night affects wildlife. Depending
on the group of organisms, color may be able to reduce or increase effects a little or a lot. One group where
color is relatively more important is insects, which are, in general, more attracted to blue, violet, and
ultraviolet than yellows and reds. There are exceptions to this pattern, but studies of insect attraction to
different color temperatures of LED find that lower color temperatures attract fewer insects. This relationship
has been quantified and can be used to compare attraction of specific options for street lighting (Figure 4).
For nearly all organisms investigated, lower color temperatures are assessed to have reduce impacts. The
difference between 2700 K and 3000 K tends to be small, and all full spectrum white lights (2700 K and up) are
considerably more biologically active than existing HPS lights.
There is no evidence that color temperature is a driving force in attraction and mortality of migratory birds,
however. Light visible from above affects the distribution of migratory birds5, 6, but the satellite used for these
studies does not distinguish between colors of light and in fact does not measure blue and violet light at all.
The recommended approach to reduce impacts on migratory birds from roadway lighting is to fully shield
lights to eliminate upward glare and to only use the amount of light necessary so that the reflected light is
kept to a minimum. Current efforts to reduce bird mortality in Salt Lake City by the Tracy Aviary focus on
voluntary efforts by building owners to shut off interior lights during migration. The amount of lighted
window area on buildings correlates with bird collisions
7. The project team discussed these issues with Ms.
Cooper Farr of the Tracy Aviary during the development of the Master Plan.
Figure 4. Relative attractiveness of different LEDs and High Pressure Sodium to insects, as quantified Longcore et al.8 from an insect
attraction curve developed by Donners et al.9
d. CCT / Spectrum & Dark Skies
We followed the work of the Department of Energy with respect to the effect of different color temperatures
on light pollution for astronomical observation10. The DOE study modeled the effects of different
combinations of spectrum, uplight, and intensity under different weather conditions, human vision adaptation
levels, and distance from the lights. These results compare high-pressure sodium as the baseline, with PC
Amber LED (1872 K), and 2700–6100 K LEDs. When compared on an equal basis for other factors (same
uplight and intensity), only the PC Amber produced roughly equivalent light pollution compared with HPS and
all full-spectrum LEDs produced significantly more light pollution, especially when considering human night
vision. This difference is shown for a range of LEDs and HPS using the “starlight index”11 (Figure 5). When
both HPS and LEDs were assumed to have 0% uplight and the LEDs were set at half the intensity of the LEDs,
then LEDs with CCT < 3000 K were comparable to or produced less light pollution than HPS. Results were
similar with HPS at 2% uplight and LEDs at 0% uplight and 50% intensity.
The take-home message of this research for the Salt Lake City street lighting master plan is that for LED lamps
lights to reduce light pollution compared with the previously common HPS lamps, they must be 0% uplight,
50% less bright, and with a CCT of no greater than 3000 K. The minimum impact on light pollution could be
achieved with PC Amber or comparable filtered LEDs that produce a similar CCT as HPS (~ 1800 K).
Figure 5. Relative impact of LEDs and HPS compared with a source similar to daylight, using the starlight index9. 2700–3000 K LEDs are
similar in impact to HPS if they are operated with half of the lumen output of the HPS.
4. Equity
This Street Lighting Master Plan strives to provide an equitable approach to the recommendations and
establishment of priorities for implementation. This approach identifies areas that are currently underserved
with street and pedestrian lighting. Some of these areas have expressed concerns of safety, and would prefer
to have more lighting installed in their neighborhood. Other areas, that currently darker and have few street
or pedestrian lights, have expressed concerns about dark skies and light trespass, and would prefer to no
additional lighting it their neighborhood. With these disparate perceptions, this Street Lighting Master Plan
encourages on-going community engagement before implementing any street lighting projects to determine
what lighting strategies the community would prefer.
During this on-going public engagement process, it is important to include some public education about the
issues involved with guideposts, including CCT issues that are discussed in this memo. It is also as important to
implement pilot demonstrations that allow citizens to see and experience the lighting options, including CCT
and dimming, to gather data to make a fully informed decision on the final street and pedestrian lighting
strategies to implement in any neighborhood.
1 Gibbons, Clanton. Seattle LED Adaptive Lighting Study. Northwest Energy Efficiency Alliance, 2014. p. 42
2 Bhagavathula, R., R. Gibbons, J. Hanifin, and G. Brainard. LED Roadway Lighting: Impact on Driver Sleep Health and
Alertness, 2021. Pre-publication draft of NCHRP Research. p.
Report 968. Transportation Research Board, Washington, D.C.
3 Garcia-Saenz, A., et al., Evaluating the association between artificial light-at-night exposure and breast and prostate
cancer risk in Spain (MCC-Spain study). Environmental Health Perspectives, 2018. 126(4): p. 047011.
4 Grubisic, M., et al., Light pollution, circadian photoreception, and melatonin in vertebrates. Sustainability, 2019. 11(22):
p. 6400.
5 La Sorte, F.A., et al., Seasonal associations with urban light pollution for nocturnally migrating bird populations. Global
Change Biology, 2017. 23(11): p. 4609–4619.
6 McLaren, J.D., et al., Artificial light at night confounds broad-scale habitat use by migrating birds. Ecology Letters, 2018.
21(3): p. 356–364.
7 Parkins, K.L., S.B. Elbin, and E. Barnes, Light, glass, and bird–building collisions in an urban park. Northeastern Naturalist,
2015. 22(1): p. 84–94.
8 Longcore, T., et al., Rapid assessment of lamp spectrum to quantify ecological effects of light at night. Journal of
Experimental Zoology Part A: Ecological and Integrative Physiology, 2018. 329(8-9): p. 511–521.
9 Donners, M., et al., Colors of attraction: modeling insect flight to light behavior. Journal of Experimental Zoology Part A:
Ecological and Integrative Physiology, 2018. 329(8-9): p. 434–440.
10 Kinzey, B., et al., An investigation of LED street lighting’s impact on sky glow. 2017, U.S. Department of Energy (Contract
DE-AC05-76RL01830): Richland, Washington.
11 Aubé, M., J. Roby, and M. Kocifaj, Evaluating potential spectral impacts of various artificial lights on melatonin
suppression, photosynthesis, and star visibility. PLoS ONE, 2013. 8(7): p. e67798.
Salt Lake City Planning Commission April 14, 2021 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, April 14, 2021
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to
order at approximately 5:30 pm. Audio recordings of the Planning Commission meetings are retained for
a period. These minutes are a summary of the meeting. For complete commentary and presentation of
the meeting, please visit https://www.youtube.com/c/SLCLiveMeetings.
Present for the Planning Commission meeting were: Vice Chairperson, Amy Barry; Commissioners;
Maurine Bachman, Adrienne Bell, Carolynn Hoskins, Jon Lee, Matt Lyon, Andres Paredes, Sara
Urquhart, and Crystal Young-Otterstrom. Chairperson Brenda Scheer was excused.
Planning Staff members present at the meeting were: Wayne Mills, Planning Manager; Molly Robinson,
Planning Manager; Paul Nielson, Attorney; David Gellner, Principal Planner; Krissy Gilmore, Principal
Planner; Aaron Barlow, Principal Planner; Marlene Rankins, Administrative Assistant; and Aubrey Clark,
Administrative Assistant.
Vice Chairperson, Amy Barry read the Salt Lake City emergency proclamation.
REPORT OF THE CHAIR AND VICE CHAIR
Chairperson Scheer was not present.
Vice Chairperson Barry stated she had nothing to report.
REPORT OF THE DIRECTOR
Wayne Mills, Planning Manager, provided the public with instructions on how to participate during the
meeting. He also provided the commission with information regarding how permits and zoning functions
in the City.
CONSENT AGENDA
Red Rock Brewery Brewhouse at approximately 426 West 400 North - Conditional Use and
Conditional Building and Site Design Review Time Extension Requests - MJSA Architects representing
200 West Holding, LC the property owner, is requesting that the Planning Commission grant a one-year
time extension on the Conditional Use and Conditional Building and Site Design (CBSDR) approvals for
a brewery at the above listed address. The Commission originally granted Conditional Use and CBSDR
approval for this project on April 24, 2019. A one-year extension to the Conditional Use approval was
previously granted on April 22, 2020. This request would extend both approvals to expire on April 24,
2022. The project is located within the TSA-UC-T (Transit Station Area Urban Center Transition) zoning
district within Council District 3, represented by Chris Warton. (Staff contact: David J. Gellner at (385-
226-3860 or david.gellner@slcgov.com) Case numbers PLNPCM2018-01008 & PLNPCM2019-00255
APPROVAL OF THE MARCH 24, 2021, MEETING MINUTES.
MOTION
Commissioner Lyon moved to approve the consent agenda. Commissioner Bell seconded the
motion. Commissioners; Bachman, Bell, Hoskins, Lee, Paredes, Urquhart, Young-Otterstrom, and
Salt Lake City Planning Commission April 14, 2021 Page 2
PUBLIC HEARINGS
Bookbinder Studios on 2nd West Design Review at approximately 422 South 200 West - A request
by Scott Harwood, representing OZ Opportunity Fund LLC, is requesting Design Review approval to
develop a 7--1" tall residential structure to be located on two contiguous parcels located at 418
S 200 W and 422 S 200 W. The proposed building will encompass 115 studio and one-bedroom units.
The building will have two structured parking levels with 58 parking stalls and five levels of apartment
units above. The applicant is requesting Design Review approval to allow for additional building height
and modification to the required building entrances. The project site is located in the D-2 (Downtown
Support) zoning district and is located within Council District 4, represented by Ana Valdemoros (Staff
contact: Krissy Gilmore at (801) 535-7780 or kristina.gilmore@slcgov.com) Case number
PLNPCM2021-00035
Krissy Gilmore, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the
case file). She stated Staff recommended that the Planning Commission approve the request with the
conditions listed in the staff report.
The Commission and Staff discussed the following:
Clarification on number of parking spaces provided
Scott Harwood, Eric Hansen, and Jonathan Kland, applicants, provided a presentation with further
details.
The Commission, Staff and Applicant discussed the following:
Clarification on entrance layout
Whether the entrance is visible from the street or the parking lot
PUBLIC HEARING
Vice Chairperson Barry opened the Public Hearing;
Lisa Hazel Raised concern with energy efficiency and would like to see bike parking.
Cindy Cromer Stated that in the East downtown, a building of this height used to be an allowed use.
time on a request like this, where units that will be available and are modestly priced have been delayed
arriving in the market place by the amount of time that the petition has been in the Planning Department.
Seeing no one else wished to speak; Vice Chairperson Barry closed the Public Hearing.
The applicant addressed the public comments.
The commission and applicant discussed the following:
Clarification on height of structure behind the proposal
Clarification on whether the City will be undertaking mandatory zoning amendments with the result
of legislative changes
Affordable Housing Overlay zone
Design Review ordinance modifications and when a proposal for height should go before the
Commission
Salt Lake City Planning Commission April 14, 2021 Page 3
MOTION
Lyon Based on the analysis and findings listed in the staff report, information presented, and the
input received during the public hearing, I move that the Planning Commission approve the
Design Review request (PLNPCM2021-00035) for the project located at approximately 422 S 200
W with the conditions listed in the staff report.
Commissioner Urquhart seconded the motion. Commissioners Bachman, Bell, Hoskins, Lee,
Paredes, Urquhart, Young-
2020 Salt Lake City Street Light Master Plan - Representatives from the Department of Public Utilities
of the City will provide an overview of the 2020 Salt Lake City Street Light Master Plan (Plan). Major
changes in the 2020 Plan from the 2006 Plan include a systematic approach for choosing lighting
strategies of public ways based on adjacent land use, pedestrian activity, and street typology. The 2020
City Street Light Master Plan includes all areas of the City and will impact all City Council districts. (Staff
Contact: David Pearson, Streetlight Program Manager at (801) 483-6738 or david.Pearson@slcgov.com;
or Marian Rice, Deputy Director at (801) 483-6765 or marian.rice@slcgov.com)
Aaron Barlow, Principal Planner, introduced Marian Rice, Deputy Director of Salt Lake City Department
of Public Services, and Jesse Stewart Salt Lake City Department of Public Services.
The following participants were also available for questions:
Laura Briefer; SLCDPU
Jesse Stewart; SLCDPU
Marian Rice; SLCDPU
David Pearson; SLCDPU
Dane Sanders, Clanton & Associates;
Annaka Egan, GSBS;
Jesse Allen, GSBS;
Travis Longcore;
Jesse Stewart, provided a presentation with details regarding the proposal.
The Commission and Staff discussed the following:
Clarification on how neighborhood byway is defined
Process when a resident request a light on their street
Clarification on whether there is a standard number of lights on a street
PUBLIC HEARING
Vice Chairperson Barry opened the Public Hearing;
Lisa Hazel Stated her opposition of the request.
Judi Short Provided an email comment that was read into the record requesting to know the type of
public engagement was performed.
Dave Iltis Stated his opposition of the request in its current form.
Seeing no one else wished to speak; Vice Chairperson Barry closed the Public Hearing.
Dane Sanders addressed the public comments and concerns.
Salt Lake City Planning Commission April 14, 2021 Page 4
The Commission and Staff discussed the following:
Clarification on why the highest amount of kelvin was chosen
MOTION
Commissioner Lyon stated, based on the findings, analysis, testimony and plan presented, I move
that the Planning Commission forward a positive recommendation to the City Council to adopt
the 2020 Street Lights Master Plan and the accompanying Technical Guidance and
Implementation document. With a recommendation to the City Council:
1. To further explore the warmness of the light and the kelvin temperatures and further
understand that fully.
Commissioner Young-Otterstrom seconded the motion. Commissioners Bachman, Bell, Hoskins,
Lee, Paredes, Urquhart, Young-Otterstrom and
unanimously.
The meeting adjourned at approximately 7:05 pm.
ERINMENDENHALL
MAYOR
LAURABRIEFER,DIRECTOR
DEPARTMENT OF PUBLIC UTILITIES
1
CITY COUNCIL TRANSMITTAL
_______________________ Date Received: ___________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________
_____________________________________________________________________________________
TO:Salt Lake City Council DATE: 10-14-2020
FROM:
SUBJECT:
, Chair
Laura Briefer, Director, Department of Public Utilities
2020 Salt Lake City Street Light Master Plan
STAFF CONTACTS: Jesse Stewart, Deputy Director, jesse.stewart@slcgov.com;
Jason Brown, PE, Chief Engineer, jason.brown@slcgov.com;
David Pearson, PE, Street Lighting Manager, david.pearson@slcgov.com;
Jeff Snelling, PE, Senior Engineer, jeff.snelling@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Adoption of the 2020 Salt Lake City Street Lighting Master Plan.
BUDGET IMPACT:The adoption of the 2020 Salt Lake City Street Lighting Master Plan does not have a budget impact
for this fiscal year. The Street Lighting Utility budget is prepared annually, and implementation of this proposed plan will
be reflected in future annual budgets. Due to certain recommended changes related to pedestrian lighting and safety, it is
anticipated that Public Utilities will need to prepare an updated capital improvement program and financial strategy for
the Street Lighting Enterprise Fund to implement the Plan beginning in Fiscal Year 2022.
BACKGROUND/DISCUSSION:
Salt Lake City was the 5
th City in the United States to have streetlights. The City’s first systematic plan for installing
streetlights was adopted in 1908. The most recent street lighting plan was completed in 2006. In 2013, the management of
the streetlight system was transferred from the Transportation Division to the Department of Public Utilities. This transfer
included changing the funding source for the operation, maintenance and capital improvements of the system from the
General Fund and Special Assessment Areas (SAA’s) to a newly created street lighting enterprise fund.
Currently Public Utilities maintains over 15,500 streetlights within Salt Lake City boundaries. The Street Lighting
Enterprise Fund was primarily developed to maintain existing lighting and upgrade fixtures to newer technology LED.
First generation LED lights installed had few options regarding lumen output (measure of light output and brightness) and
color temperature (whiteness of the light). The City’s practice was to replace the older fixtures with LED fixtures at the
same lumen output using a 4,000-Kelvin temperature, which at the time was the industry standard. These new LED
fixtures had the same measurable light output but were perceived as a brighter light. During the first few years of
conversion to the new LED fixtures mainly within industrial, commercial and higher density residential areas, Public
Utilities received more positive feedback than negative. When installation began in the residential neighborhoods, there
were more complaints. Residents were not pleased with the brightness of the lights as well as the white light emitted. The
City is also proactively working on various streets projects, community improvement projects, pedestrian and bicycle
friendly projects, and issues related to crime. Street lighting has a role to play in all of these endeavors.
2020 Street Lighting Master Plan Development and Content
In 2018, Public Utilities began the process of updating the Streetlighting Master Plan (Plan). This planning effort includes
a review and update of policies related to the system, engagement of stakeholders in the planning process and design
guidance for the City’s street light system.
Public Utilities partnered with GSBS Consulting and Clanton & Associates to develop the Plan. This Plan provides design
guidance for improving street and pedestrian lighting that will create a quality nighttime visual experience while being
more energy efficient. Four guideposts, developed by stakeholder committees, that include Safety, Character,
Responsibility, and Equity, drive the Plan’s policies. The Plan also draws on bodies of knowledge throughout the world
regarding advancements in the technology and science of how we can light our public ways.
The 2020 Street Lighting Master Plan incorporates two volumes, including the Master Plan itself and Technical Guidance
and Implementation guide. Both are attached to this transmittal, as well as the Executive Summary for the Master Plan.
Primary components of the Plan include:
System Background
System Evaluation
Plan Guideposts
Street Lighting Basics Overview
Process for Evaluating the Lighted Environment
Comprehensive Improvements
Minimal Improvements
Lighting Controls and Adaptive Dimming Strategies
Lighting Calculations
Appendices
o Lighting Terms
o Meeting Notes
o Existing Conditions Report
o Nocturnal Infrastructure for Ecological Health (report)
o Luminaire Submittal Form
If approved, the 2020 Street Lighting Master Plan would implement the following major policy statements for the City:
1) Street lighting will enhance safety through the implementation of industry recognized standards.
2) Street lighting standards will include allowances to encourage dimming strategies relating to pedestrian activity,
wildlife, and dark skies lighting.
3) Street lighting will minimize the obtrusive effects of light at night resulting from light trespass, light pollution,
and glare through the selection and placement of appropriate poles, fixtures, light type, and light levels.
4) Provide pedestrian lighting in accordance with neighborhood plans and in accordance with the typologies of this
Plan.
5) Provide street and pedestrian lighting that minimizes impacts to sensitive wildlife species.
6) Select fixture types to provide dark skies protection.
7) Implementation based on neighborhood and community input to determine pole, fixture type, maximum and
minimum light level, and the implementation of adaptive dimming applications when appropriate.
Funding and prioritization are the key drivers in implementation of the polices, standards, and strategies in the Plan.
Implementation recommendations outlined in the Plan are as follows:
1) Priority One
a. Neighborhoods currently underserved for street and/or pedestrian lighting based on adjacent land uses
b. High conflict areas including school zones, bus stops, transit stations, and neighborhood byways.
2) Priority Two
a. Areas with non-compliant existing street lighting.
3) Ongoing
a. Replacement of lamps with LED luminaires on regular maintenance schedule as appropriate.
b. Replacement of non-compliant street lighting in areas of ecological sensitivity.
c. Installation of dimming capability.
d. New development or redevelopment proposals.
4) Step One
a. Identify high conflict areas in the City
b. Review the current lighting map to identify underserved neighborhoods.
c. Respond to requests from community or neighborhoods for lighting changes
5) Step Two
a. Contact community and neighborhood representatives to identify priorities and review options according
the matrix developed in the Plan.
b. Identify the community preferred option.
6) Step Three
a. Estimate cost of preferred option.
b. Seek funding approval/develop financial strategy
7) Step Four
a. Design, schedule, and implement the preferred option.
If the Plan is adopted, it will reflect public feedback and the City’s street lighting system will be better incorporated into
City livability and development goals. Major changes in the 2020 Plan from the 2006 Plan include a systematic approach
for choosing lighting strategies of public ways based on adjacent land use, pedestrian activity, and street typology.
Procedures for determining pedestrian lighting are included, as are lighting procedures for environmentally sensitive
areas. Because of this, the current base street lighting standard will likely change depending on the land use, pedestrian
activity, and street typology. It is anticipated that Public Utilities will need to prepare an updated capital improvement
program and schedule for the street lighting system if this Plan is adopted, along with an updated evaluation of street
lighting rates, rate structure and financial strategies for capital improvements.
PUBLIC PROCESS:
Public Utilities consistently receives feedback regarding the current lighting system, both positive and negative. A major
driver of the 2020 Street Lighting Master Plan includes this public feedback. For instance, Public Utilities has received
feedback regarding the performance of LED fixtures, public safety, environment, and equity.
As part of the Plan effort, three groups were formed to advise in the development of the Plan. The first group, the
Advisory Committee, consisted of representatives from each City Council District recommended by City
Councilmembers or Council staff. Advisory Committee members were asked to provide input on lighting in their specific
district and in common areas of the City. Throughout the course of developing the Plan this committee helped in
evaluating the existing system and provided guidance pertaining to the Plan’s scope and reach.
A second group formed as a Technical Committee consisting of staff from City Departments and Divisions who hold a
direct interest in the street lighting program. Technical Committee members include representatives from Salt Lake City
Police Department, Fire Department, Sustainability Department, Engineering Division, Planning Division, and the Urban
Forestry Division. Technical Committee members provided input based on their unique responsibilities with respect to
how streetlighting influenced their tasks. This committee provided direction in how lighting design criteria could assist in
meeting the City’s goals and more specifically, helping to accomplish their Department’s individual responsibilities.
The third group was formed from stakeholders in the community including representatives from agencies and groups in
the transportation, education, environmental, and business sectors who have a vested interest in Salt Lake City. The
primary purpose of this group was to provide input as the Plan progressed. This provided a level of transparency and
allowed for feedback to ensure the Plan had a solid foundation to address the multiple values of a comprehensive lighting
system.
Public Utilities and the GSBS Consulting team met with the Advisory and Technical Committees to help frame the vision
and goals of the Plan. The committees were encouraged to offer their opinion on existing lighting conditions throughout
the City and what improvements could be made. These Committees toured 17 sites throughout the City with varied
lighting characteristics and land use. At each of these sites committee members were asked several questions to gauge
their opinion on the existing lighting conditions. The GSBS Consulting team also took light measurements at each of these
locations to compare with current industry lighting standards. Using the data collected from the measured light readings
and input from the committees, GSBS created an Existing Lighting Conditions report. This report summarized current
lighting conditions to assist with developing design criteria and a future implementation plan using the guideposts detailed
in the Plan.
Meetings and Formal Engagement:
November 5, 2018: Street Lighting Site Tour and Surveys – Advisory and Technical Committees
April 3, 2019: Street Lighting 101 – Advisory Committee
April 25, 2019: Visioning Session – Advisory Committee
April 26, 2019 – Technical Committee
May 24, 2019: City Council and Mayor’s Office Briefing
July 29 and 30, 2019: Stakeholder Update
April 2019 – November 2019: Public Street Lighting Survey, 160 respondents
January 8, 2020: Progress Update – Advisory Committee
October 22nd, 2020: Public Utilities Advisory Committee (planned)
Enclosures:
Draft Ordinance Adopting the 2020 Street Lighting Master Plan
2020 Street Lighting Master Plan Executive Summary
2020 Street Lighting Master Plan Volume 1 – Master Plan (June 2020)
2020 Street Lighting Master Plan Volume 2 – Technical Guidance and Implementation (June 2020)
SALT LAKE CITY, UT
Street Lighting Master Plan
VOLUME 1 - MASTER PLAN
JUNE 2020
I-215
I-15
I-80
I-80
¯
¯¯¯¯1 Mile
I-15
I-80
I-80
Transit StopsTransit StopsTransit StopsTransit Stops
Commuter Rail Stations
Commuter Rail
Light Rail Stations
Light Rail
I-215
I-80
¯1 Miles
I-215
I-15
I-80
I-80
The following terms are used throughout this Master Plan and in the lighting industry. Understanding
these terms is essential to properly understanding and implementing this Lighting Master Plan.
Backlight, Uplight,
and Glare (BUG)
Ratings
B0 – B5
U0 – U5
G0 – G5
Luminaire Classification System for Outdoor Luminaires per IES TM-15
describing the amount of uplight, backlight and glare. Lower numbers in
each classification are associated with lower impacts.
B = backlight, or the light directed behind the luminaire.
U = uplight, or the light directed above the horizontal plane of
the luminaire.
G = glare, or the amount of light emitted from the luminaire at
angles known to cause glare.
Color Rendering
Index (CRI)
0 - 100 The color rendering index (CRI) is a developed metric on a scale of 0 to
100, to communicate the ability of the light to render an object’s natural
color
Continuous
Lighting
A street lighting system made up of regularly spaced luminaires along
the street. Criteria typically defines minimum and maximum illuminance
or luminance values and overall uniformity along the lighted area.
Correlated Color
Temperature (CCT)
Kelvin (K) The color appearance of the light emitted by a lamp. The CCT rating for
a lamp is a general "warmth" or "coolness" measure of its appearance.
Fire has a CCT of 1850K and daylight is 6000K.
Glare The visual sensation created by luminance (or brightness) that is
significantly higher than the surrounding luminance that the eyes are
adapted to, causing annoyance, discomfort, or loss in visual performance
and visibility (disability glare).
Illuminance Footcandle
(Fc)
The density of light (lumens per square foot) falling onto a surface.
Commonly measured in the horizontal and vertical planes.
Illuminating
Engineering
Society (IES)
The IES strives to improve the lighted environment by publishing
recommended practices to guide lighting designers, architects,
engineers, sales professionals, and researchers. The IES’s
and are the recognized authoritative
reference on the science and application of lighting.
Legacy Light
Source
All non-LED light sources: incandescent, halogen, high pressure sodium,
low pressure sodium, induction, and fluorescent.
Life Cycle Cost An economic analysis of an investment that covers all the costs and
benefits over the expected life of the equipment or system. Unlike a
simple payback analysis, it accounts for maintenance and energy even
after the system is paid for with projected savings.
AGENDA
PROJECT #: 2018.075 MEETING #: 2
PROJECT: SLC Street Lighting Master Plan
NEXT MEETING:
MEETING DATE: September 5, 2018
ISSUED BY: L. Smith | GSBS Architects
Revised post meeting
-------------------------------------------------------------------------------------------------------------------------------
ATTENDEES:
X Jesse Allen X Brad Stewart
X Lauren Smith Jesse Stewart
Christine Richmond
X Dane Sanders
X Riley Rose
X Jason Brown
X David Pearson
AGENDA ITEMS:
1.Review Public Outreach Strategy
Advisory Committee Members
District 1 Citizen Representative (identified by District Representative)
District 2 Citizen Representative (identified by District Representative)
District 3 Citizen Representative (identified by District Representative)
District 4 Citizen Representative (identified by District Representative)
District 5 Citizen Representative (identified by District Representative)
District 6 Citizen Representative (identified by District Representative)
District 7 Citizen Representative (identified by District Representative)
Mayor’s Office Representative
Public Utilities Representative
Technical Committee Members
SLC Engineering, Sean Fyfe
SLC Transportation, Jon Larsen
SLC Planning, Doug Dansie
SLC Planning, Molly Robinson
SLC Parks + Public Lands, Nancy Monteith
SLC Fire
SLC Police
Stakeholder Groups (Individual Groups + representatives representing each group)
Draft List
Downtown Alliance + Business Districts (9th and 9th, Sugarhouse)
Environmental (Dark Sky, Tracy Aviary, Audubon)
Multi-modal (UTA, Bicycle Transit)
School District
Inland Port, NW Quadrant
Draft Public Survey
See Attachment ‘DRAFT SURVEY’
2.Review Proposed Project Schedule
See Attachment
3.Status of Contract
Updates
4.Next Steps
SLC Public Utilities to review pass along revised Draft Survey for review
GSBS and Clanton to review and revise scope and fee – get to Public Utilities early next
week
Brad to send GSBS and Clanton contact for Open City Hall to work together on upload
process and capabilities of public survey
OTHER INFORMATION:
PROJECT #: 2018.075 MEETING #: 9
PROJECT: SLC Street Lighting Master Plan
NEXT MEETING:
MEETING DATE: April 26, 2019
ISSUED BY: L. Smith | GSBS Architects
These notes represent the general understanding of the author concerning the topics covered. If there
are errors or misrepresentations, please inform the author in writing and adjustments will be made with
the next issuance of notes.
ATTENDEES:
X Jesse Allen, GSBS Architects Laura Briefer, Public Utilities
X Lauren Smith, GSBS Architects Holley Mullen, Public Utilities
X Dane Sanders, Clanton and Associates X Katie, Clanton and Associates
X Riley Rose, Clanton and Associates X Technical Committee
X David Pearson, Public Utilities X Annette, Planning
X Jesse Stewart, Public Utilities X Cooper, Police
Brad Stewart, Public Utilities X Ron Fife, Fire Department
X Jack, SLC Engineering X Peter, Sustainability
NEW BUSINESS:
1.Goal:
How to spend the budget within
The next 5-10 years
What is needed to budget and how to prioritize
2.Planning (Annette filling in for Mayara)
Design and color of the streetlights fit within the neighborhood
Historic Districts
Rose Park
Poplar Grove
Color meaning: the LED color temperature and the color of the poles/luminaries
Day time aesthetics
No planning master plans include streetlights currently
Need to double check to make sure if there is any overlap
Conflict between districts if they do not get the same thing?
Historic districts are treated completely differently than others
Guidelines for street lighting in historic districts
Have the street lighting master plan acknowledge the design guidelines
Review the historic districts and guidelines
Other districts:
Downtown district
Districts vs. neighborhoods
Rose park and poplar grove are known for their street trees
These should be on the website
Maybe already in GIS
Make sure to get those layers in GIS
3.Engineering
What existing programmatic controls does the city have that protect the existing streetlight
utility/ power supply?
As more lights get installed, what can be done to make sure that the power supply is
protected?
Subsurface in the right of way is getting really crowded
Currently the lines are not in Blue Stake
Is it practical/room for improvement on location of lines?
As time/budget allows, possibility to move the lines into blue stake
This would keep survey crews busy for about 2 years
This would lie more in implementation vs. master plan
Important to note in recommendations of how to move forward
4.Sustainability
Energy 2040
80% reduction in our Green House Gases by 2040 (community wide for the whole city)
50% renewable energy goal by 2020
Baseline is 2009
Updating Climate response plans
Solar Street Light just received
On a cul-de-sac off 2700 S testing
Solar Roadways
Lot of progress in Europe and a company in Idaho
Slowed wholesale replacements until this master plan is complete
Replacing as needed but not overhaul now
What % of the City’s energy does Street light make up?
Strategies:
LED obvious
Dimming
Lumens/watt
Technology, part of our perception
Dimmable LED’s at 17th and 17th
Maybe run a test program and dim the lights down to 50% for a week then possibly dim
down to 25%
Dark Sky
5.Police
Evidence Preservation
Preventing Crime
Controlling Crime
Smart Lighting
Help a lot with tactical teams to go into a standoff – control the lighting on that block
would be immensely important and helpful
Dimming down and making brighter both could be helpful
Dave can give Police and Fire log in to Smart Lights to be able to control on their own
when needed
Gunshot detection
Lead the fire truck
Citizens are asking for it too
Opportunities
Brighten up when Jazz game lets out
Lower the lights during snowstorm
Over design for brighter level and dim?
Or overdrive the LEDs for short period of time during when you want them up
What are those cost implications?
Lighting for the sidewalks in different neighborhoods
Support LED because of the color rendering for victims and witnesses to identify colors of
cars and suspects
Trees block a lot of the light in different neighborhoods
Even/consistent lighting throughout neighborhoods
Lots of midblock lights are blocked by the trees
Acorn lights - because of the way they light
A lot of glare
The way it glares it creates a blind spot especially right at the pole
Stop the light right at the back of the sidewalk
Glare makes it nearly impossible to see anything from a camera
Distribution of light
6.Fire
Inclusive with police
Uneven light when responding can lead to inability to see pedestrians and cars
Even light help the drivers see vehicle and pedestrians
Evening lighting on the street and approach at a minimum to get where they need to be
without obstruction
On seen
Visualizing the addresses
Ongoing issue
Maybe hard to address with street lighting
Able to illuminate the seen if needed see obstacles
People step in holes because they cannot see where they are going,
Focused on the issue they are there to solve
End of meeting notes.
–
–
–
–
Criteria Acceptance Level Luminance Type (cd/m^2) Street Luminance
Arterial Street Criteria Acceptable Average 0.9
1000E. 2100S. Acceptable Average 1.76
Unacceptable Average
–
–
–
“Levels Acceptability”
•
•
•
•
•
–
1
16
15
14
13
12
11
10
2
3
5
6
7
8
9
4
17
–
–
-4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0
Site 17
Site 15
Site 13
Site 11
Site 09
Site 07
Site 05
Site 03
Site 01
Summary of Surveys
-100%
-50%
0%
50%
100%
150%
200%
-10.0
-8.0
-6.0
-4.0
-2.0
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
20.0
Survey Evaluations w/ Percent of Critiera Site Score
% From Criteria
1
16
15
14
13
12
11
10
2
3
5
6
7
8
9
4
17
–
1
–
-3
-2
-1
0
1
2
3
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Local Criteria
Low Conflict
Average 0.4 0.1 0.3
Ave/Min 4 - 6
Site 1 Average 0.2 0.0 0.1
Ave/Min 5.9 - 1.9
1
1
•
•
•
•
•
•
• “Great lighting for a residential area.”
• “This is nice lighting. A model for rest of city “
–
2
–
-3
-2
-1
0
1
2
3
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Arterial Criteria
Medium Conflict
Average 0.5 0.2 0.9
Ave/Min 4 - 3
Site 2 Average 0.5 0.0 1.0
Ave/Min 15.8 - 1.9
2
2
•
•
•
•
•
•
•
–
3
–
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Collector Criteria
Low Conflict
Average 0.3 0.08 0.4
Ave/Min 6 - 4
Site 3 Average 0.1 0.0 0.2
Ave/Min 1.3 - 2.3
3
3
-3
-2
-1
0
1
2
3
–
4
–
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Local Criteria
Low Conflict
Average 0.3 0.08 0.3
Ave/Min 6 - 6
Site 4 Average 0.0 0.0 0.0
Ave/Min - - -
-3
-2
-1
0
1
2
3
4
4
• 700S is an extremely wide residential street and was described by one resident as an “air strip.”
•
•
•
•
•
–
5
–
•
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Arterial Criteria
Low Conflict
Average 0.3 0.08 0.6
Ave/Min 6 - 3.5
Site 5 Average 0.3 0.0 1.4
Ave/Min 2.9 - 5.1
-3
-2
-1
0
1
2
3
5
5
–
6
–
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Collector Criteria
Medium Conflict
Average 0.5 0.2 0.6
Ave/Min 4 - 3.5
Site 6 Average 0.2 0.0 0.2
Ave/Min 1.5 - 1.7
-3
-2
-1
0
1
2
3
6
6
–
7
–
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Local Criteria
Low Conflict
Average 0.3 0.08 0.3
Ave/Min 6 - 6
Site 7 Average 0.1 0.0 0.1
Ave/Min 9.9 - 3.3
-3
-2
-1
0
1
2
3
7
7
–
8
–
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Arterial Criteria
Medium Conflict
Average 0.5 0.2 0.9
Ave/Min 4 - 3
Site 8 Average 0.4 0.1 1.5
Ave/Min 3.0 - 1.8
8
-3
-2
-1
0
1
2
3
8
–
9
–
•
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Arterial Criteria
Medium Conflict
Average 0.5 0.2 0.9
Ave/Min 4 - 3
Site 9 Average 0.8 0.5 0.8
Ave/Min 4.2 - 1.7
-3
-2
-1
0
1
2
3
9
9
–
10
–
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Collector Criteria
Medium Conflict
Average 0.5 0.2 0.6
Ave/Min 4 - 3.5
Site 10 Average 0.4 0.1 1.3
Ave/Min 2.5 - 1.6
-3
-2
-1
0
1
2
3
10
10
–
11
–
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Arterial Criteria
Medium Conflict
Average 0.5 0.2 0.9
Ave/Min 4 - 3
Site 11 Average 0.2 0.0 1.6
Ave/Min 1.7 - 4.6
-3
-2
-1
0
1
2
3
11
11
–
12
–
•
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Collector Criteria
Medium Conflict
Average 0.5 0.2 0.6
Ave/Min 4 - 3.5
Site 12 Average 0.5 0.3 1.2
Ave/Min 5.6 - 2.0
-3
-2
-1
0
1
2
3
12
12
–
13
–
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Collector Criteria
Low Conflict
Average 0.3 0.08 0.4
Ave/Min 6 - 4
Site 13 Average 0.1 0.0 0.2
Ave/Min 6.5 - 10.1
-3
-2
-1
0
1
2
3
13
13
–
14
–
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Collector Criteria
Low Conflict
Average 0.3 0.08 0.4
Ave/Min 6 - 4
Site 14 Average 0.2 0.0 0.3
Ave/Min 5.5 - 8.4
-3
-2
-1
0
1
2
3
14
14
•
–
15
–
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Arterial Criteria
Medium Conflict
Average 0.5 0.2 0.9
Ave/Min 4 - 3
Site 15 Average 0.1 0.0 0.4
Ave/Min 5.7 - 2.3
-3
-2
-1
0
1
2
3
15
15
–
16
–
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Local Criteria
Low Conflict
Average 0.3 0.08 0.3
Ave/Min 6 - 6
Site 16 Average 0.1 0.0 0.0
Ave/Min 5.3 - -
-3
-2
-1
0
1
2
3
16
16
–
17
–
•
•
•
•
•
•
•
•
Sidewalk Illuminance (fc)Roadway Luminance
(cd/m^2)Horizontal Vertical (min)
Collector Criteria
Medium Conflict
Average 0.5 0.2 0.6
Ave/Min 4 - 3.5
Site 17 Average 2.5 0.3 1.8
Ave/Min 8.2 - 2.6
-3
-2
-1
0
1
2
3
17
17
Striped
MedianWalkTree
Lawn
Bike
Street Width
Parking Drive
Lane
Drive
Lane WalkTree
Lawn
Bike ParkingDrive
Lane
Drive
Lane
Street Width
Walk Tree
Lawn
Striped
Median
Drive
Lane
Drive
Lane WalkTree
Lawn
Drive
Lane
Drive
Lane
Street Width
Striped
Median
Drive
Lane
Drive
Lane
Drive
Lane Walk
BikeParking
Walk Tree
Lawn
Tree
Lawn
Drive
Lane
Drive
Lane
Drive
Lane
Bike Parking
Striped
Median
Drive
Lane
Bike/
Shoulder/
Parking
Drive
LaneWalkTree
Lawn
Drive
Lane
Bike/
Shoulder/
Parking
Drive
Lane WalkTree
Lawn
Street Width
MAX SPACING TO BE DOUBLE RECOMMENDED
SPACING FOR CONTINUOUS LIGHTING
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Striped
Median
Drive
Lane
Bike/
Shoulder/
Parking
Drive
LaneWalkTree
Lawn
Drive
Lane
Bike/
Shoulder/
Parking
Drive
Lane WalkTree
Lawn
Street Width
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Striped
Median
Drive
Lane
Bike/
Shoulder/
Parking
Drive
LaneWalkTree
Lawn
Drive
Lane
Bike/
Shoulder/
Parking
Drive
Lane WalkTree
Lawn
Street Width
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Striped
Median
Drive
Lane
Bike/
Shoulder/
Parking
Drive
LaneWalkTree
Lawn
Drive
Lane
Bike/
Shoulder/
Parking
Drive
Lane WalkTree
Lawn
Street Width
1
2 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Striped
Median
Street Width
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Striped
Median Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Street Width
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Striped
Median Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Street Width
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Striped
Median Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Street Width
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Striped
Median
ROW
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Striped
Median
Street Width
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
12 TO 1 MOUNTING HEIGHT TO
CENTERLINE OF CROSSWALK
(TYPICAL)
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Striped
Median
Street Width
Travel
Lane
Sidewalk &
Park Strip
Travel
Lane
Parking &
Travel Lane
Sidewalk &
Park Strip
Parking &
Travel Lane
Sidewalk &
Park Strip
Street Width
Parking &
Travel Lane
Parking &
Travel Lane
Sidewalk &
Park Strip
Sidewalk &
Park Strip
Street Width
Parking &
Travel Lane
Parking &
Travel Lane
Sidewalk &
Park Strip
Sidewalk &
Park Strip
Street Width
36'-0"
Parking &
Travel Lane
Parking &
Travel Lane
Sidewalk &
Park Strip
Sidewalk &
Park Strip
Street Width
Parking &
Travel Lane
Parking &
Travel Lane
Sidewalk &
Park Strip
Sidewalk &
Park Strip
Street Width
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY22Budget
TO:City Council Members
FROM: Ben Luedtke and Sylvia Richards
Budget Analysts
DATE:September 21, 2021 UPDATED 7:58 PM
RE: Budget Amendment Number Two FY22
MOTION 1 – CLOSE PUBLIC HEARING and ADOPT ORDINANCE
I move that the Council close the public hearing and adopt an ordinance amending the FY 2021-22 final
budget of Salt Lake City for item A-1 and refer all other items to a future date for action.
Staff note: Council Members do not need to read the individual items below; they are listed for
reference.
A-1: Continued Funding for Downtown Ambassador Pilot Programs: North Temple and Rio Grande
($495,000 from General Fund Balance)
A-2: Change the Funding Source for the Foothill Trails Plan and Central Plant Boilers – ($379,454 –
CIP)
A-3: RV and Car Camping Pilot Program – ($100,000 – General Fund Balance)
A-4: Return of Operation Diversion Funds – ($490,847 – General Fund)
D-1: Allocate Salary Funding to Departments
G-1: US Department of Justice, 2018 Bureau of Justice Assistance Grant (JAG) – $9,750
G-2: Utah State Department of Public Safety – 2020 Emergency Management Performance Grant
(EMPG) – $30,000
G-3: Utah Department of Public Safety, Division of Emergency Management, 2019 State Homeland
Security Program (SHSP) Grant – $64,256
G-4: School-Age Program Summer Expansion Grant 2021, State of Utah, Department of Workforce
Services – $199,980
G-5: Utah State Office of Education, Summer Food Service Program - Youth Summer Snack Programs –
$15,000
G-6: Executive Office of the President, Office of National Drug Control - 2022 Rocky Mountain High
Intensity Drug Trafficking Area (HIDTA) Grant – $703,757
I-1: Rescope CIP Project: Yalecrest historic signs to allow additional sign (Budget Neutral)
I-2: Reverse Recapture for Final Invoice Payments ($150,753 of Class C Funds from FY22 CIP back to
Project Budgets)
I-3: Recapture Completed CIP Projects Funding for FY22 CIP ($38,334 from of General Fund to CIP)
I-4: Annex Building Renovation CIP Application from Odyssey House ($500,000 from ARPA)
I-5: Securing Potential Contamination Site at Fairmont Park ($50,000 from Fund Balance)
I-6: Full-Time Minutes & Records Clerk Position in the Recorder’s Office ($52,416 from Fund Balance)
I-7: Rescope Community Connections Center Funding to Include Utilities (Budget Neutral)
MOTION 2 – CONTINUE PUBLIC HEARING
I move that the Council continue the public hearing to a future date.
MOTION 3 – CLOSE PUBLIC HEARING
I move that the Council close the public hearing and refer the item to a future date for action.
MOTION 4 – CLOSE PUBLIC HEARING and NOT ADOPT
I move that the Council close the public hearing and proceed to the next agenda item.
DEPARTMENT OF FINANCE
POLICY AND BUDGET DIVISION
451 SOUTH STATE STREET, ROOM 238
PO BOX145467, SALT LAKE CITY, UTAH 84114-5455 TEL 801-535-6394
ERINMENDENHALL
Mayor
MARY BETHTHOMPSON
Chief Financial Officer
CITYCOUNCIL TRANSMITTAL
___________________________________Date Received: ________________
Rachel Otto, Chief of Staff Date sent to Council: ___________
______________________________________________________________________________
TO:Salt Lake City Council DATE: September 1, 2021
Amy Fowler, Chair
FROM:Mary Beth Thompson, Chief Financial Officer
SUBJECT:Budget Amendment #2
SPONSOR: NA
STAFF CONTACT:John Vuyk, Budget Director (801) 535-6394 or
Mary Beth Thompson (801) 535-6403
DOCUMENT TYPE: Budget Amendment Ordinance
RECOMMENDATION: The Administration recommends that, subsequent to a public hearing,
the City Council adopt the following amendments to the FY 2021-22 adopted budget.
BUDGET IMPACT:
REVENUE EXPENSE
GENERAL FUND $ 490,847.00 $ 883,882.00
MISCELLANEOUS GRANT FUND 1,022,743.00 1,022,743.00
FLEET FUND 0.00 112,646.00
GOLF FUND 0.00 88,749.00
TOTAL $ 1,513,590.00 $ 2,108,020.00
BACKGROUND/DISCUSSION:
Revenue for FY 2021-22 Budget Adjustments
Because the fiscal year just started the Fiscal Year 2022 projections are at budget. The following
chart shows a current projection of General Fund Revenue for fiscal year 2022.
Projections for fiscal year 2021 are coming in better than expected, more detail will be shared as
the audit progresses.
Given the available information fund balance would be projected as follows: With the current use of fund balance from this budget amendment fund balance drops to 13.37%.
The Administration is requesting a budget amendment totaling $1,513,590.00 of revenue and
expense of $2,108,020.00. The amendment proposes changes in the four funds, with $393,035.00
from the General Fund fund balance. The proposal includes eleven initiatives for Council review.
A summary spreadsheet document, outlining proposed budget changes is attached. The
Administration requests this document be modified based on the decisions of the Council.
The budget opening is separated in eight different categories:
A. New Budget Items
B. Grants for Existing Staff Resources
C. Grants for New Staff Resources
D. Housekeeping Items
E. Grants Requiring No New Staff Resources
F. Donations
G. Council Consent Agenda Grant Awards
I. Council Added Items
PUBLIC PROCESS: Public Hearing
SALT LAKE CITY ORDINANCE
No. ______ of 2021
Second amendment to the Final Budget of Salt Lake City, including
the employment staffing document, for Fiscal Year 2021-2022
In June of 2021, the Salt Lake City Council adopted the final budget of Salt Lake City,
Utah, including the employment staffing document, effective for the fiscal year beginning July 1,
2021 and ending June 30, 2022, in accordance with the requirements of Section 10-6-118 of the
Utah Code.
The City’s Budget Director, acting as the City’s Budget Officer, prepared and filed with
the City Recorder proposed amendments to said duly adopted budget, including the amendments
to the employment staffing document necessary to effectuate the staffing changes specifically
stated herein, copies of which are attached hereto, for consideration by the City Council and
inspection by the public.
All conditions precedent to amend said budget, including the employment staffing
document as provided above, 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 final budget of
Salt Lake City, including the employment staffing document, as approved, ratified and finalized
by Salt Lake City Ordinance No. 32 of 2021.
SECTION 2. Adoption of Amendments. The budget amendments, including
amendments to the employment staffing document necessary to effectuate the staffing changes
specifically stated herein, attached hereto and made a part of this Ordinance shall be, and the
same hereby are adopted and incorporated into the budget of Salt Lake City, Utah, including the
amendments to the employment staffing document described above, for the fiscal year beginning
2
July 1, 2021 and ending June 30, 2022, in accordance with the requirements of Section 10-6-128
of the Utah Code.
SECTION 3. 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, including
amendments to the employment staffing document, in the office of said Budget Officer and in
the office of the City Recorder which amendments shall be available for public inspection.
SECTION 4. Effective Date. This Ordinance shall take effect upon adoption.
Passed by the City Council of Salt Lake City, Utah, this _____ day of __________, 2021.
________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________
Mayor’s Action: ____ Approved ____ Vetoed
_________________________
MAYOR
ATTEST:
_______________________________
CITY RECORDER
(SEAL)
Bill No. _________ of 2021.
Published: ___________________.
Salt Lake City Attorney’s Office
Approved As To Form
Senior City Attorney
Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure AmountOngoing or One-timeFTEs1 Downtown Ambassador Program Expansion GF - 495,000.00 One-time - 2 Change of Source for Foothill Trails Plan and Central Plant BoilersCIP - (379,454.12) One-time - 2 Change of Source for Foothill Trails Plan and Central Plant BoilersCIP - (379,454.12) One-time - 2 Change of Source for Foothill Trails Plan and Central Plant BoilersCIP - 379,454.12 One-time - 2 Change of Source for Foothill Trails Plan and Central Plant BoilersCIP - 379,454.12 One-time - 3 Car and RV Camping Pilot Prgram GF - 100,000.00 One-time - 4 Return of Operation Diversion Funding GF 490,847.00 490,847.00 One-time - Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure AmountOngoing or One-timeFTEs1 Allocate Salary Funding to Departments GF - 221,494.00 One-time - 1 Allocate Salary Funding to Departments GF - 113,919.00 One-time - 1 Allocate Salary Funding to Departments GF - 527,224.00 One-time - 1 Allocate Salary Funding to Departments GF - 220,887.00 One-time - 1 Allocate Salary Funding to Departments GF - 63,434.00 One-time - 1 Allocate Salary Funding to Departments GF - 1,625,616.00 One-time - 1 Allocate Salary Funding to Departments GF - 90,390.00 One-time - 1 Allocate Salary Funding to Departments GF - 123,840.00 One-time - 1 Allocate Salary Funding to Departments GF - 215,357.00 One-time - 1 Allocate Salary Funding to Departments GF - 122,663.00 One-time - 1 Allocate Salary Funding to Departments GF - 8,255,015.00 One-time - 1 Allocate Salary Funding to Departments GF - 389,179.00 One-time - Council ApprovedFiscal Year 2021-22 Budget Amendment #2Council ApprovedAdministration ProposedSection A: New ItemsSection D: HousekeepingSection C: Grants for New Staff ResourcesSection B: Grants for Existing Staff ResourcesAdministration Proposed1
Fiscal Year 2021-22 Budget Amendment #21 Allocate Salary Funding to Departments GF - 539,938.00 One-time - 1 Allocate Salary Funding to Departments GF - (12,710,921.00) One-time - 1 Allocate Salary Funding to Departments Fleet - 112,646.00 One-time - 1 Allocate Salary Funding to Departments Golf - 88,749.00 One-time - Section E: Grants Requiring No New Staff Resources2
Fiscal Year 2021-22 Budget Amendment #2Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure AmountOngoing or One-timeFTEs-Consent Agenda #11 US Department of Justice, 2018 Bureau of Justice Assistance Grant (JAG)Misc Grants 9,750.00 9,750.00 One-time - 2 Utah State Department of Public Safety - 2020 Emergency Management Performance Grant (EMPG)Misc Grants 30,000.00 30,000.00 One-time - 3 Utah Department of Public Safety, Division of Emergency Management, 2019 State Homeland Security Program (SHSP) GrantMisc Grants 64,256.00 64,256.00 One-time - 4 School-Age Program Summer Expansion Grant 2021, State of Utah, Department of Workforce ServicesMisc Grants 199,980.00 199,980.00 One-time - 5 Utah State Office of Education, Summer Food Service Program, Youth Summer Snack ProgramsMisc Grants 15,000.00 15,000.00 One-time - 6 Executive Office of the President, Office of National Drug Control - 2022 Rocky Mountain High Intensity Drug Trafficing Area (HIDTA) GrantMisc Grants 703,757.00 703,757.00 One-time - Total of Budget Amendment Items 1,513,590.00 2,108,020.00-- -Total by Fund Class, Budget Amendment #2:General FundGF 490,847.00 883,882.00 - - -Housing FundHousing - - - - -Miscellaneous Grants FundMisc Grants 1,022,743.00 1,022,743.00 - - -Fleet FundFleet - 112,646.00 - - -Governmental Immunity FundGovt Immunity - - - - -IMS FundIMS - - - - -Risk FundRisk - - - - -AirportAirport - - - - -Street Lighting FundStreet Lighting - - - - -Water FundWater - - - - -Sewer FundSewer - - - - -Storm Water FundStorm Water - - - - -Refuse FundRefuse - - - - -Golf FundGolf - 88,749.00 - - -- - - Administration Proposed Council ApprovedSection I: Council Added ItemsSection F: DonationsSection G: Council Consent Agenda -- Grant Awards3
Fiscal Year 2021-22 Budget Amendment #2Total of Budget Amendment Items 1,513,590.00 2,108,020.00 - - -4
Fiscal Year 2021-22 Budget Amendment #2Current Year Budget Summary, provided for information onlyFY 2021-22 Budget, Including Budget AmendmentsFY 2021-22 Adopted Budget BA #1 Total BA #2 Total BA #3 Total BA #4 Total BA #5 Total ^^ Total Through BA#5 ^^ General Fund (FC 10)367,582,070 (5,138,235.00) 883,882.00 363,327,717.00Curb and Gutter (FC 20)3,000 3,000.00 DEA Task Force Fund (FC 41)2,033,573 2,033,573.00 Misc Special Service Districts (FC 46)1,550,0001,550,000.00Street Lighting Enterprise (FC 48)5,699,663 7,098.005,706,761.00Water Fund (FC 51)127,365,555 460,716.00127,826,271.00Sewer Fund (FC 52)268,213,796 221,826.00268,435,622.00Storm Water Fund (FC 53)19,201,013 19,705.0019,220,718.00Airport Fund (FC 54,55,56)706,792,500 1,350,949.00708,143,449.00Refuse Fund (FC 57)24,713,505 36,538.0024,750,043.00Golf Fund (FC 59)9,697,417 19,649.00 88,749.009,805,815.00E-911 Fund (FC 60)4,056,8564,056,856.00Fleet Fund (FC 61)28,090,576 18,999.00 112,646.0028,222,221.00IMS Fund (FC 65)24,302,487 219,193.0024,521,680.00County Quarter Cent Sales Tax for Transportation (FC 69)5,307,142 5,307,142.00CDBG Operating Fund (FC 71)5,341,3325,341,332.00Miscellaneous Grants (FC 72)18,684,617 10,427,551.76 1,022,743.00 30,134,911.76Other Special Revenue (FC 73)273,797273,797.00Donation Fund (FC 77)2,752,5652,752,565.00Housing Loans & Trust (FC 78)16,121,00016,121,000.00Debt Service Fund (FC 81)31,850,42331,850,423.00CIP Fund (FC 83, 84 & 86)29,503,21629,503,216.00Governmental Immunity (FC 85)2,933,913 24,843.002,958,756.00Risk Fund (FC 87)52,939,489 19,705.0052,959,194.00 Total of Budget Amendment Items 1,755,009,505 7,688,537.76 2,108,020.00 - - - 1,764,806,062.76 Budget ManagerAnalyst, City Council5
Fiscal Year 2021-22 Budget Amendment #2Contingent Appropriation6
Salt Lake City FY 2021-22 Budget Amendment #2
Initiative Number/Name Fund Amount
1
Section A: New Items
A-1: Downtown Ambassador Program Expansion GF $495,000.00
Department: Non-Departmental Prepared By: John Vuyk
F -FY2020/2021) for street
ambassadors will be exhausted as follows:
-December 31st, 2021 (or until funds utilized)
Pilot Project Area-September 30th, 2021 (or until funds utilized)
The Downtown Alliance Safety and Hospitality Program currently manages resources for 6 full time ambassadors that
respond to a variety of issues within the CBID assessment area funded by the SAA through April 20th, 2022. The
continuation of this program in the CBID is contemplated in the upcoming contract process to renew the SAA contract and
funding.
Separately, the City established additional coverage with one-time CARES ACT funds:
ditional full-time ambassadors for the Rio Grande neighborhood through December 31st, 2021
To maintain current service levels through FY2022 or FY2023,
EXHIBIT A below):
30th, 2022). It aligns the funding cycles with the fiscal calendar to simplify the funding and management process. This
option requires an additional funding request of $495,000 during the FY22 budget cycle. We will leave it to the City to
determine if there are additional federal resources available to help fund the program.
2023). This longer view allows the relatively newer expansion programs to mature and gives the City Council time to
evaluate the data in the expansion areas and make decisions based on the success of the program. This option requires the
FY22 funding request in Option 1 and additional funding of $792,000 for FY23.
Although Downtown Alliance programming prioritizes downtown, we believe that using our team to expand ambassador
service outside our SAA boundary is an appropriate approach that optimizes resources, intel, and community partnerships.
This holistic view benefits both downtown stakeholders and the larger Salt Lake community.
Note; Additional resources for ambassador coverage within the Central City and Ballpark neighborhoods were funded
for FY23 by the DWS Housing and Community Development-Homelessness Programs Office (HPO) grant. The Ballpark
neighborhoods program is not addressed here. Coverage begins July 1st, 2022 and is funded through June 30th, 2022.
A-2: Change of Source for Foothill Trails Plan and Central Plant
Boilers
CIP ($379,454.12)
CIP ($379,454.12)
CIP $379,454.12
CIP $379,454.12
Department: Public Lands Prepared By: John Vuyk
To allow for a greater public process for the Foothill Trails Plan, the Administration is requesting to change the funding
source of two Capital Improvement Projects (CIP). The projects are the Central Plant Boiler and the Foothill Trails Plan.
Changing the funding source will allow for needed delays in the Foothill Trails plan to allow for a greater public process.
The amendment proposes to move the Central Plant Boiler funding to bond funding. This project is nearing completion and
will be able to meet the time critical portion of the bond funding. The project has been determined to be bond eligible. The
Foothill Trails Project will then be moved from bond funding to funding from the general fund allowing for the necessary
time to complete the project.
Salt Lake City FY 2021-22 Budget Amendment #2
Initiative Number/Name Fund Amount
2
A-3: Car and RV Camping Pilot Program GF $100,000.00
-Departmental Prepared By: John Vuyk
Introduction
People living in private vehicles on public streets appears to be increasing across the country and within Salt Lake City.
Such temporary housing situations create difficulties in enforcing the city parking ordinance and in offering services for
those in such living situations.
The RV/Car Camping Pr
situations. The policy has three primary goals:
Goal 1: Connect individuals living in these situations with housing, or emergency shelter. Outreach services that assist in
reducing barriers to securing housing and addressing mental and physical health needs are the primary methods of city
support for this effort.
Goal 2: Assist car campers to adhere to city parking code restrictions and mitigate the negative externalities that exist
around parked RVs and other vehicles including criminal activity, trash and bio waste, and public health and
environmental concerns.
Goal 3: Prioritize the finite City resources to fill gaps in private, County, and State programs and ensure coordination of
efforts to obtain better outcomes. 22.
A-4: Return of Operation Diversion Funds GF $490,847.00
-Departmental Prepared By: John Vuyk
The City provided funding to Salt Lake County for Operation Diversion. The funding was not all spent, and the County will
be returning the unspent funds to the City. The County has requested that the returned funding be dedicated to provide
housing for individuals within the City's boundaries at risk of homelessness who desire mental health and/or substance
abuse treatment.
The remaining uspent funds total $490,847.00. The administration is requesting to receive the funding as revenue and
establish a budget to spend the funding as requested by the County.
Section B: Grants for Existing Staff Resources
Section C: Grants for New Staff Resources
Salt Lake City FY 2021-22 Budget Amendment #2
Initiative Number/Name Fund Amount
3
Section D: Housekeeping
D-1: Allocate Salary Funding to Departments GF $221,494.00
GF $113,919.00
GF $527,224.00
GF $220,887.00
GF $63,434.00
GF $1,625,616.00
GF $90,390.00
GF $123,840.00
GF $215,357.00
GF $122,663.00
GF $8,255,015.00
GF $389,179.00
GF $539,938.00
GF ($12,710,921.00)
Fleet $112,646
Golf $88,749.00
Department: Economic Development Prepared By: John Vuyk
During the budget process and in BA#1 funding was allocated for salary expenses in City Departments. Due to timing, the
budget was placed in Non Departmental to be allocated to other Departments. This amendment allocates that funding
based on the agreed upon compensation package established in the budget.
The allocation is as follows:
Department MRB New Difference
911 Dispatch Bureau $ 8,015,778 $ 8,237,272 $ 221,494
City Council Office $ 3,927,177 $ 4,041,096 $ 113,919
Community & Neighborhoods $ 17,910,935 $ 18,438,159 $ 527,224
Department of Finance $ 7,471,039 $ 7,691,926 $ 220,887
Economic Development $ 2,026,349 $ 2,089,813 $ 63,464
Fire Department $ 40,845,782 $ 42,471,398 $ 1,625,616
Human Resources
Department $ 3,037,754 $ 3,128,684 $ 90,930
Justice Court $ 4,229,095 $ 4,352,935 $ 123,840
Office of the City Attorney $ 6,648,596 $ 6,863,953 $ 215,357
Office of the Mayor $ 4,101,027 $ 4,223,690 $ 122,663
Police Department $ 77,564,483 $ 85,819,498 $ 8,255,015
Public Lands $ 11,489,755 $ 11,878,934 $ 389,179
Public Services $ 23,710,491 $ 24,250,429 $ 539,938
Non Departmental $ 14,646,287 $ 1,935,366 (12,710,921)
Fleet $ 4,086,589 $ 4,199,235 $ 112,646
Golf $ 4,018,037 $ 4,106,786 $ 88,749
Grand Total $ 233,729,174 $ 233,729,174 $ -
Salt Lake City FY 2021-22 Budget Amendment #2
Initiative Number/Name Fund Amount
4
Section E: Grants Requiring No New Staff Resources
Section F: Donations
Section G: Consent Agenda
Consent Agenda
G-1: US Department of Justice, 2018 Bureau of Justice Assistance
Grant (JAG)
Misc Grants $9,750,00
Department: Police Prepared By: Jordan Smith / Melyn Osmond
****This item is to budget for the interest that has accumulated in this grant cost center since the original grant award.
This grant ends 9/30/21 and the interest needs to be budgeted for so that it can be included in the closeout of this
award.****
The police department received a grant award from the U.S. Department of Justice under the 2018 Edward Byrne
Memorial Justice Assistance Grant program. The total grant award is $334,302. Of that total the City will subaward
$110,717 to Salt Lake County/Unified Police Department.
The police department will use its portion of the award to conduct community policing and fund training for sworn and
civilian personnel. The department will also purchase a weapons shelving system and laser scanner for its Crime Lab Unit,
supplies or veterinary needs for its K9 program, fitness equipment, a software license for its accident investigators.
G-2: Utah State Department of Public Safety - 2020 Emergency
Management Performance Grant (EMPG)
Misc Grants $30,000.00
Department: Emergency Management Services Prepared By: Audrey Pierce / Melyn Osmond
The Emergency Management Services Division received a $30,000 FY2020 EMPG grant from the State of Utah,
Department of Public Safety. This grant is awarded on an annual basis to jurisdictions to help offset costs of planning and
updating emergency preparedness plans, conduct emergency preparedness exercises and produce materials and other
media for public educational outreach and training pertaining to emergency preparedness.
SLC's population increases from 180,000 to an estimated 310,000 each workday. Should a disaster occur during the
workday, employees become a part of the SLC emergency response, but are not trained to assist themselves or others.
These funds will offset costs in providing National Incident Management System (NIMS) training to SLC staff with
emergency response responsibilities during a disaster or other significant event. The funds will be used to fund community
preparedness activities, purchase training materials, supplies and equipment including books, brochures, handouts, etc.
The grant requires a 50% match which will be satisfied with the Community Preparedness Coordinator's time and
budgeted for within Emergency Managements general fund.
G-2: Utah Department of Public Safety, Division of Emergency
Management, 2019 State Homeland Security Program (SHSP)
Grant
Misc Grants $64,256.00
Department: Emergency Management Services Prepared By: Audrey Pierce / Melyn Osmond
The Emergency Management Services Division/Police Department received $64,256 for the 2019 Homeland Security grant
from the State of Utah, Department of Emergency Management. This grant is awarded to local jurisdictions to increase
capabilities by funding projects in the following areas: Law Enforcement Terrorism Prevention, Planning Training and
Exercise, Interoperable Communications, Special Operations Equipment and Sustainment, Information Sharing and
Management, Emergency Response Equipment and Sustainment.
The grant funds for SLC will be $15,711 used for Law Enforcement Terrorism Prevention (LETP) for Palantir costs, and
$48,545 used for State Homeland Security Program (SHSP) for developing an emergency recovery plan for the City.
Salt Lake City FY 2021-22 Budget Amendment #2
Initiative Number/Name Fund Amount
5
G-4: School-Age Program Summer Expansion Grant 2021,
State of Utah, Department of Workforce Services
Misc Grants $199,980.00
Department: Youth & Family Prepared By: Kim Thomas / Melyn Osmond
The Public Services Division of Youth and Family Services applied for and received a grant award of $199,980 for the 2021
summer expansion program, from Utah State Department of Work Force Services through the Utah Office of Child Care
for the School Age Program Summer Expansion Grant.
The Division of Youth and Family Services received $199,980 to provide YouthCity 2021 summer programming for youth
five to twelve years old at Fairmont Park, Liberty Park, Central City, Ottinger Hall, Sorenson Unity Center, and Sorenson
Multi-Cultural Center.
$138,545 for Salaries and Fringe for existing staff, $1,800 for Communications, $54,635 for Materials and Supplies, and
$5,000 for Professional Fees and Contract Services.
G-5: Utah State Office of Education, Summer Food Service
Program - Youth Summer Snack Programs
Misc Grants $15,000.00
Department: Youth & Family Prepared By: Kim Thomas / Melyn Osmond
The Public Services Division of Youth & Family (YouthCity) applied for and received a new continuation grant for
Summer Snacks offered by the Utah State Office of Education, under the Summer Food Service Program. These funds are
available to youth service providers to help offset the costs of food and snacks purchased for children participating in the
summer programs. Liberty Park, Ottinger Hall, Fairmont Park, Sorenson Unity Center, and the Northwest Teen Programs
will receive reimbursement directly through the State Office of Education and will receive up to $15,000, based on
qualified snack expenses.
SLC is reimbursed on a monthly basis and only qualified nutritious snacks and meals served to children participating in
the summer enrichment/education activities during the summer program hours are eligible for reimbursement.
G-6: Executive Office of the President, Office of National Drug
Control - 2022 Rocky Mountain High Intensity Drug Trafficking
Area (HIDTA) Grant
Misc Grants $703,757.00
Department: Police Prepared By: Jordan Smith / Melyn Osmond
The Salt Lake City Police Department received a grant of $703,757 from the High Intensity Drug Trafficking Areas
(HIDTA) program. Of this award $210,030 is approved for salaries and $84,827 is approved for fringe benefits for an
administrative employee, K-9 officer, and a contracted finance manager. $140,000 for investigative and support overtime,
$44,000 for investigative/operational and administrative travel, $68,800 for communications, investigative services,
service contracts and vehicle leases,$11,700 for supplies, and $144,400 for other administrative costs and confidential
informant funds.
Section I: Council Added Items
Impact Fees Summary Confidential
Data pulled 7/27/2021
Unallocated Budget Amounts: by Major Area
Area Cost Center UnAllocated
Cash Notes:
Impact fee - Police 8484001 525,991$ A
Impact fee - Fire 8484002 1,084,253$ B
Impact fee - Parks 8484003 9,384,420$ C
Impact fee - Streets 8484005 5,571,233$ D
16,565,896$
Expiring Amounts: by Major Area, by Month
202007 (Jul2020)2021Q1 -$ -$ -$ -$ -$
202008 (Aug2020)2021Q1 -$ -$ -$ -$ -$
202009 (Sep2020)2021Q1 -$ -$ -$ -$ -$
202010 (Oct2020)2021Q2 -$ -$ -$ -$ -$
202011 (Nov2020)2021Q2 -$ -$ -$ -$ -$
202012 (Dec2020)2021Q2 -$ -$ -$ -$ -$
202101 (Jan2021)2021Q3 -$ -$ -$ -$ -$
202102 (Feb2021)2021Q3 16,273$ -$ -$ -$ 16,273$
202103 (Mar2021)2021Q3 16,105$ -$ -$ -$ 16,105$
202104 (Apr2021)2021Q4 1,836$ -$ -$ -$ 1,836$
202105 (May2021)2021Q4 14,542$ -$ -$ -$ 14,542$
202106 (Jun2021)2021Q4 30,017$ -$ -$ -$ 30,017$ Current Month
202107 (Jul2021)2022Q1 10,107$ -$ -$ -$ 10,107$
202108 (Aug2021)2022Q1 6,804$ ^ 1 -$ -$ -$ 6,804$
202109 (Sep2021)2022Q1 5,554$ ^ 1 -$ -$ -$ 5,554$
202110 (Oct2021)2022Q2 3,106$ ^ 1 -$ -$ -$ 3,106$
202111 (Nov2021)2022Q2 -$ -$ -$ -$ -$
202112 (Dec2021)2022Q2 -$ -$ -$ -$ -$
202201 (Jan2022)2022Q3 -$ -$ -$ -$ -$
202202 (Feb2022)2022Q3 -$ -$ -$ -$ -$
202203 (Mar2022)2022Q3 -$ -$ -$ -$ -$
202204 (Apr2022)2022Q4 -$ -$ -$ -$ -$
202205 (May2022)2022Q4 -$ -$ -$ -$ -$
202206 (Jun2022)2022Q4 -$ -$ -$ -$ -$
202207 (Jul2022)2023Q1 -$ -$ -$ -$ -$
202208 (Aug2022)2023Q1 -$ -$ -$ -$ -$
202209 (Sep2022)2023Q1 -$ -$ -$ -$ -$
202210 (Oct2022)2023Q2 -$ -$ -$ -$ -$
202211 (Nov2022)2023Q2 -$ -$ -$ -$ -$
202212 (Dec2022)2023Q2 -$ -$ -$ -$ -$
202301 (Jan2023)2023Q3 -$ -$ -$ -$ -$
202302 (Feb2023)2023Q3 -$ -$ -$ -$ -$
202303 (Mar2023)2023Q3 -$ -$ -$ -$ -$
202304 (Apr2023)2023Q4 118$ -$ -$ -$ 118$
202305 (May2023)2023Q4 469$ -$ -$ -$ 469$
202306 (Jun2023)2023Q4 276$ -$ -$ -$ 276$
Total, Currently Expiring through June 2021 78,774$ -$ -$ -$ 78,774$
Notes
^1
Calendar
Month
7/27/21: We are currently in a refund situation. We will refund $15k in the next 3 months without offsetting expenditures
Fiscal
Quarter
E = A + B + C + D
Police Fire Parks Streets
Total
Impact Fees Confidential
Data pulled 7/27/2021 AAA BBB CCC DDD = AAA - BBB - CCC
Police
Allocation
Budget Amended
Allocation
Encumbrances YTD Expenditures
Allocation
Remaining
Appropriation
Values
Description Cost Center
Sum of Police Allocation
Budget Amended
Sum of Police Allocation
Encumbrances Sum of Police Allocation YTD Expenditures
Sum of Police Allocation
Remaining Appropriation
Impact fee - Streets Westside 8484005 -$ -$ -$ -$
Police'sConsultant'sContract 8419205 5,520$ 3,507$ 1,955$ 58$
Police Impact Fee Refunds 8421102 438,897$ -$ -$ 438,897$
Police Refunds 8418013 539,687$ -$ 69,291$ 470,396$ A
PolicePrecinctLandAquisition 8419011 1,410,243$ 239,836$ -$ 1,170,407$
Grand Total 2,440,385$ 289,381$ 71,246$ 2,079,759$
Fire
Allocation
Budget Amended
Allocation
Encumbrances YTD Expenditures
Allocation
Remaining
Appropriation
Values
Fire refunds 8416007 82,831$ -$ -$ 82,831$
Fire Station #14 8415001 6,650$ 6,083$ 567$ -$
Fire Station #14 8416006 52,040$ -$ 7,428$ 44,612$
Fire Station #3 8415002 1,568$ -$ -$ 1,568$
Fire Station #3 8416009 1,050$ 96$ 485$ 469$
Impact fee - Fire 8484002 -$ -$ -$ -$
Impact fee - Streets Westside 8484005 -$ -$ -$ -$
Study for Fire House #3 8413001 15,700$ -$ -$ 15,700$ B
FireTrainingCenter 8419012 46,550$ -$ 46,550$ -$
Fire'sConsultant'sContract 8419202 10,965$ 4,883$ 6,024$ 58$
FY20 FireTrainingFac. 8420431 66,546$ -$ 10,516$ 56,031$
Fire Station #3 Debt Service 8421200 541,106$ -$ 541,106$ -$
Fire Station #14 Debt Service 8421201 339,172$ -$ 339,172$ -$
Grand Total 1,164,177$ 11,063$ 951,846$ 201,268$
Parks
Allocation
Budget Amended
Allocation
Encumbrances YTD Expenditures
Allocation
Remaining
Appropriation
Values
Impact fee - Parks 8484003 -$ -$ -$ -$
JR Boat Ram 8420144 125,605$ 15,561$ 110,044$ -$
Three Creeks Confluence 8419101 173,017$ -$ 173,017$ -$
Cnty #2 Match 3 Creek Confluen 8420426 515,245$ 88$ 515,157$ -$
Park'sConsultant'sContract 8419204 7,643$ 4,815$ 2,786$ 42$
Folsom Trail/City Creek Daylig 8417010 766$ -$ 620$ 146$
Cwide Dog Lease Imp 8418002 24,056$ 23,000$ 526$ 530$ C
Rosewood Dog Park 8417013 16,087$ -$ 14,977$ 1,110$
Jordan R 3 Creeks Confluence 8417018 11,856$ -$ 10,287$ 1,570$
9line park 8416005 86,322$ 19,702$ 64,364$ 2,256$
Jordan R Trail Land Acquisitn 8417017 2,946$ -$ -$ 2,946$
Warm Springs Off Leash 8420132 27,000$ 15,811$ 6,589$ 4,600$
Fairmont Park Lighting Impr 8418004 50,356$ 43,597$ 605$ 6,155$
FY Parks and Public Lands Compreh 8417008 7,500$ -$ -$ 7,500$
Rich Prk Comm Garden 8420138 27,478$ 4,328$ 14,683$ 8,467$
Redwood Meadows Park Dev 8417014 15,939$ -$ 6,589$ 9,350$
ImperialParkShadeAcct'g 8419103 10,830$ -$ -$ 10,830$
Park refunds 8416008 11,796$ -$ -$ 11,796$
IF Prop Acquisition 3 Creeks 8420406 350,000$ 1,905$ 291,986$ 56,109$
Parks Impact Fees 8418015 102,256$ -$ 875$ 101,381$
UTGov Ph2 Foothill Trails 8420420 200,000$ 22,524$ 64,916$ 112,560$
FY20 Bridge to Backman 8420430 727,000$ 574,709$ 4,080$ 148,211$
9Line Orchard 8420136 195,045$ -$ -$ 195,045$
Waterpark Redevelopment Plan 8421402 225,000$ -$ 753$ 224,247$
Trailhead Prop Acquisition 8421403 275,000$ -$ -$ 275,000$
Bridge to Backman 8418005 350,250$ 10,285$ 59,974$ 279,990$
Parley's Trail Design & Constr 8417012 327,678$ -$ -$ 327,678$
Cnty #1 Match 3 Creek Confluen 8420424 400,000$ 7,790$ 11,523$ 380,688$
Jordan Prk Event Grounds 8420134 431,000$ -$ -$ 431,000$
Wasatch Hollow Improvements 8420142 490,830$ -$ 1,142$ 489,688$
Fisher House Exploration Ctr 8421401 540,732$ 1,883$ 16,843$ 522,007$
Marmalade Park Block Phase II 8417011 1,145,394$ 34,222$ 50,965$ 1,060,208$
Fisher Carriage House 8420130 1,098,764$ -$ -$ 1,098,764$
Pioneer Park 8419150 3,442,199$ 229,022$ 98,295$ 3,114,882$
Grand Total 11,415,591$ 1,009,242$ 1,521,594$ 8,884,756$
Streets
Allocation
Budget Amended
Allocation
Encumbrances YTD Expenditures
Allocation
Remaining
Appropriation
Values
9 Line Central Ninth 8418011 152,500$ 152,500$ -$ -$
IF Roundabout 2000 E Parleys 8420122 455,000$ -$ 455,000$ -$
Impact fee - Streets Westside 8484005 -$ -$ -$ -$
500/700 S Street Reconstructio 8412001 41,027$ 32,718$ 8,309$ -$
Transportation Safety Imp 8418007 147,912$ -$ 147,912$ -$
500 to 700 S 8418016 575,000$ 96,637$ 478,363$ -$
Trans Master Plan 8419006 13,000$ 13,000$ -$ -$
700 South Reconstruction 8414001 310,032$ -$ 310,032$ -$ D
700 South Reconstruction 8415004 1,157,506$ 2,449$ 1,155,057$ -$
LifeOnState Imp Fee 8419009 124,605$ -$ 124,605$ -$
Transportation Safety Improvem 8417007 22,360$ -$ 20,916$ 1,444$
Gladiola Street 8406001 16,544$ 13,865$ 435$ 2,244$
Trans Safety Improvements 8419007 210,752$ 87,472$ 115,100$ 8,180$
Street'sConsultant'sContract 8419203 39,176$ 17,442$ 9,360$ 12,374$
Complete Street Enhancements 8420120 125,000$ -$ 89,608$ 35,392$
Transp Safety Improvements 8420110 250,000$ 20,697$ 191,220$ 38,083$
1300 S Bicycle Bypass (pedestr 8416004 42,833$ -$ -$ 42,833$
Indiana Ave/900 S Rehab Design 8412002 124,593$ -$ -$ 124,593$
Bikeway Urban Trails 8418003 200,000$ -$ -$ 200,000$
TransportationSafetyImprov IF 8421500 375,000$ -$ 72,947$ 302,053$
IF Complete Street Enhancement 8421502 625,000$ -$ -$ 625,000$
Street Improve Reconstruc 20 8420125 2,858,090$ 1,469,774$ 607,870$ 780,446$
Traffic Signal Upgrades 8419008 251,316$ -$ 29,628$ 221,688$
Traffic Signal Upgrades 8420105 300,000$ 300,000$ -$ -$
Traffic Signal Upgrades 8421501 875,000$ -$ -$ 875,000$
Grand Total 9,292,247$ 2,206,554$ 3,816,363$ 3,269,330$
Total 24,312,401$ 3,516,240$ 6,361,049$ 14,435,112$
E = A + B + C + D
TRUE TRUE TRUE TRUE
9,384,420$
5,571,233$
16,565,896$
8484002
8484003
8484005
525,991$
$1,084,253
8484001
UnAllocated
Budget
Amount
Item C1
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Brian Fullmer
Policy Analyst
DATE:September 21, 2021
RE: 833 West Hoyt Place and 834 West 200 North
PLNPCM2018-00877
MOTION 1 (adopt with development agreement)
I move that the Council adopt the ordinance subject to the administration entering into a development
agreement with the applicant which includes the following condition:
Protection of single-family use and architecture of the existing structure at 834 West 200 North.
MOTION 2 (adopt without development agreement)
I move that the Council adopt the ordinance
MOTION 3 (defer action)
I move that the Council defer action to a future Council meeting.
MOTION 4 (reject)
I move that the Council reject the ordinance.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:September 21, 2021
RE: Zoning Map Amendment for Nielsen Estates at
833 West Hoyt Place and 834 West 200 North
PLNPCM2018-00877
PUBLIC HEARING UPDATE
At the September 7 public hearing seven people spoke. Six expressed opposition to the rezone primarily
citing gentrification and concern about the existing home’s future. A motion sheet will include a motion to
make the rezone subject to the administration and property owner entering into a development agreement
to preserve the existing home.
The following information was provided for the September 7, 2021 Council briefing. It
is provided again for background purposes.
BRIEFING UPDATE
At the August 17, 2021 briefing a Council Member asked why the rezoning at 834 West 200 North is
required. Planning staff stated the proposed driveway for homes on Hoyt Place would not be allowed under
the current R-1/7,000 zoning. It is not unprecedented to have SR-3 zoning on busier streets.
Staff wants to highlight one point that was not discussed during the work session briefing. The Planning
Commission recommended approval of the rezone request subject to a development agreement to protect
the existing home at 834 West 200 North. The applicant is supportive of the agreement.
If the Council is supportive of including the development agreement in the final ordinance, a motion will be
included that would make the rezone subject to the administration and property owner entering into the
development agreement.
Item Schedule:
Briefing: August 17, 2021
Set Date: August 17, 2021
Public Hearing: September 7, 2021
Potential Action: September 21, 2021
Page | 2
The following information was provided for the August 17, 2021 Council briefing. It is
provided again for background purposes.
The Council will be briefed about an ordinance to amend the zoning map for two single-family properties at
833 West Hoyt Place (R-1/5,000) and 834 West 200 North (R-1/7,000). The proposed zoning designation
for both properties is SR-3 (Special Development Pattern Residential). Though there is not a specific
development proposal associated with the rezone request, it is anticipated the subject properties will be
combined and a subdivision created for development.
A concept plan includes preserving the existing single-family home at 834 West 200 North and
development of a twin home and four attached single-family homes (all for-sale at market rate) located
primarily on the vacant 833 West Hoyt Place parcel. Twin homes and attached single-family homes are not
allowed in the R-1/5,000 or R-1/7,000 zones but the proposed SR-3 zoning designation allows for both.
The conceptual plan also includes a 20’ driveway west of the existing home to serve the development to the
northern property. It should be noted the conceptual plan could change and is not tied to the rezone
application. The Council’s role is to determine if the proposed SR-3 zoning designation is appropriate for
the parcels.
Planning staff recommended and the Planning Commission forwarded a unanimous positive
recommendation to the City Council for the proposed zoning map amendments.
Vicinity map with subject parcels outlined in red
Page | 3
Goal of the briefing: Review the proposed zoning map amendment, determine if the Council supports
moving forward with the proposal.
POLICY QUESTIONS
1.Is the Council supportive of the proposed rezone?
2.The Council may wish to ask if the developer considered including affordable housing units in
the proposed development.
ADDITIONAL INFORMATION
Hoyt Place is a private cul-de-sac and development is limited to no more than 30 homes without secondary
fire access. An adjacent Hoyt Place property owner expressed interest in a project that would complement
the concept plan for the subject parcels. Both property owners attempted to work with each other and other
Hoyt Place property owners on secondary access to the project, and on terms related to shared driveways
or utilities. The property owners have not come to terms over the past two years so the applicant for this
rezone petition would like to move forward with the project, independently if necessary.
The proposed SR-3 zoning designation allows development on a similar scale to what is permitted under
current zoning but requires smaller lot areas which would allow somewhat increased density. It also allows
attached homes, while current zoning does not. Tables comparing current and proposed zoning standards
are below. For additional zoning standard detail see pages 38-46 of the Administration’s transmittal.
Key Use Comparisons
Single-Family
(detached)
Single-Family
(attached)
Twin
Homes
Planned Development
(minimum area)
R-1-5,000 Permitted No No 10,000 sf
R-1-7,000 Permitted No No 14,000 sf
SR-3 Permitted Permitted Permitted 4,000 sf
Key Zoning Standards Comparison
Lot Area Max
Height
Front
Yard
Side Yard Corner
Yard
Rear
Yard
Lot Coverage
R-1-5,000 5,000 sf 28’ or 20’
flat roof
20’8’ and 10’20’ 25’ 40%
R-1-7,000 7,000 sf 28’ or 20’
flat roof
20’ 6’ and 10’ 20’ 25’ 40%
SR-3 1,500 sf
(attached)
2,000 sf
(detached)
28’ or 20’
flat roof
10’ 4’ (detached) 10’ 15’60% detached
70% attached
Tables courtesy Salt Lake City Planning Division
As shown in the image below, properties near the subject parcels are predominantly single-family.
However, much of Hoyt Place is undeveloped and could include single-family attached and twin homes
under existing SR-3 zoning.
Page | 4
Zoning map of properties surrounding subject parcels
KEY CONSIDERATIONS
Planning staff identified two key considerations which are summarized below. For the complete analysis
see pages 21-24 of the Administration’s transmittal.
Key Consideration #1: Compatibility with City and neighborhood master plans
Planning staff found the proposed rezone meets the following recommendations found in Plan Salt Lake:
Maintain neighborhood stability and character
Create a safe and convenient place for people to carry out their daily lives
Promote infill and redevelopment of underutilized land
Balance preservation with flexibility for change and growth
Increase the number of medium density housing types and options
Enable moderate density increases within existing neighborhoods where appropriate
Make walking and cycling viable, safe, and convenient transportation options in all areas of the
City
Having a public transit stop within ¼ mile of all residents
Minimize impact of car emissions
Under the conceptual planned development, the existing home at 834 West 200 North would be preserved.
Planning staff recommended the applicant enter into a development agreement with the City to ensure
preservation of the home and its architecture. However, the Planning Commission did not forward that
recommendation to the City Council.
The subject parcels are included in the 800 West Station Stable Area section of the North Temple
Boulevard Plan. This area envisions “Infill development such as twin homes and attached single-family
dwellings, primarily in mid-block areas that are currently underdeveloped or under-utilized.” Planning
staff found the proposed rezone would accomplish this.
Page | 5
The future land use map for the area found in Attachment D (pages 36-37) of the Administration’s
transmittal includes the subject parcels in “areas where little change is expected or desired or where the
current zoning allows for desired land uses and intensities.” It is Planning’s opinion impact of the
proposed rezone would be minor and would allow the subject parcels uses and density in line with other
FR-3 zoned parcels on Hoyt Place.
The Northwest Master Plan identifies development potential on Hoyt Place. Rezoning the subject parcels
to SR-3 retains an option for the property to be accessed from 200 North and helps accomplish the
objective to encourage housing on Hoyt Place. The Northwest Master Plan future land use map shows the
subject parcels as low density residential, bordering medium density residential. Planning staff stated the
proposed rezone is consistent with the map.
Key Consideration #2: Potential impacts on adjacent properties
Planning staff identified two impacts to consider when evaluating a potential rezone of the subject parcels:
Would any new development be compatible with the scale of existing development?
Would extending the SR-3 to 200 North be appropriate for the desired development?
As shown in the zoning map above, the parcels are surrounded by SR-3 on Hoyt Place and R-1/7,000 on
200 North. Planning staff stated rezoning the parcels would allow them to be developed in character with
current and potential development on Hoyt Place. The applicant’s intention to preserve the home on 200
North would maintain the character of that block.
Planning noted the SR-3 zoning designation is typically intended for properties located within block
interiors. They also cited several locations where the zone is extended to a major street (500 South, 300
West, 500 North, 400 North, 200 North, California Avenue, and Cheyenne). This is generally to allow
access to properties which would otherwise be landlocked. While that is not the case with this proposed
rezone, it would provide for a second access point to properties on Hoyt Place. Planning staff recommends
primary vehicular access be from Hoyt Place.
ANALYSIS OF STANDARDS
Attachment H of the Planning Commission staff report (pages 47-49 of the Administration’s transmittal)
outlines zoning map amendment standards that should be considered as the Council reviews this proposal.
Planning staff found proposed zoning map amendment complies with applicable standards. Please see the
Planning Commission staff report for full details.
PUBLIC PROCESS
• November 2018 Project notice provided to community councils and organizations as well as
nearby property owners and residents.
• July 2019-September 2020 Project on hold as applicant attempted to coordinate development
efforts with neighboring property owners.
• September 2020 Updated notice provided to Fairpark Community Council, other recognized
community organizations, and nearby property owners.
• March 2021 Planning Commission public hearing notice sent to nearby property owners.
• The Planning Commission held a public hearing March 24, 2021. Two people spoke in support of
the proposed rezone and one spoke in opposition. The Planning Commission forwarded a
unanimous positive recommendation to the City Council for the proposed rezone.
ERIN MENDENHALL DEPARTMENT of COMMUNITY
M ayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO:Salt Lake City Council DATE:
Amy Fowler, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2018-00877- Zoning Map Amendment for Nielsen Estates at 833 W Hoyt
Place and 834 W 200 North
STAFF CONTACT:Eric Daems, Senior Planner, eric.daems@slcgov.com, 801-535-7236
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Follow the recommendation of the Planning Commission to approve
the proposed zoning map amendment.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION:
Sattar Tabriz, representing property owner J&S Property Development LLC, is petitioning to
amend the zoning map for two single-family properties at 833 W Hoyt Place (R-1-5,000) and
834 W 200 North (R-1-7,000). Under the proposal, both would be rezoned to SR-3 (Special
Development Pattern Residential). Although a specific development plan is not part of this
proposal, the rezone is intended to allow for a future Planned Development to include the
preservation of the home at 834 W 200 North, a twin home, and four single-family attached
homes. The properties are located within the Northwest Community Master Plan as well as the
North Temple Boulevard Plan areas.
Currently, the only development on the property is a single-family home at 834 W 200 North.
This project was first proposed in 2018 and included accompanying Subdivision and Planned
Development applications. The proposal has since been revised and delayed for more than two
years as the property owner has attempted to work with surrounding property owners on unique
development challenges for this and surrounding properties.
Hoyt Place is a dead-end private street. As such, development is limited to 30 homes or less
without secondary fire access. City Staff has encouraged dialogue between property owners
along Hoyt Place to work together to find solutions for cohesive and complimentary design that
maximizes development potential and that would result in a better project. However, property
owners have not been able to come to terms throughout the last two and a half years and the
applicant for this rezone is ready to move the project forward independently if necessary.
To do so, the property will need vehicular access to 200 North. Rezoning the entirety of both
properties would allow for the desired medium density housing along the northern portion of the
property as well as vehicular access from 200 North. Even though the applicant is pursuing SR-3
zoning for both properties and access from 200 North, he has expressed continued hope to reach
an agreement for access from Hoyt Place at some point.
The intent of the North Temple Boulevard Plan and the Northwest Community Master Plan
support the development of interior portions of city blocks with medium density housing, located
near transit stations. Rezoning the property to SR-3 zone will help accomplish this intent.
PUBLIC PROCESS: Notice of the project and request for comments were sent to the Chair of
Fairpark Community Council and other applicable recognized community organizations first in
October of 2018 and then again in September of 2020. The project experienced a long delay as
the applicant attempted to better coordinate development efforts with neighboring properties and
to secure access from Hoyt Place, in accordance with City recommendations.
A public hearing with the Planning Commission was held on March 24, 2021. The Planning
Commission discussed the request and voted to forward a positive recommendation to the City
Council.
EXHIBITS:
1) Project Chronology
2) Notice of City Council Hearing
3) Planning Commission Record- March 24, 2021
a) Hearing Notice
b) Staff Report
c) Agenda and Minutes
4) Original Petition
5) Mailing List
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. PLANNING COMMISSION-MARCH 24, 2021
A) HEARING NOTICE
B) STAFF REPORT
C) AGENDA AND MINUTES
4. ORIGINAL PETITION
5. MAILING LABELS
SALT LAKE CITY ORDINANCE
No. ____ of 2021
(Amending the zoning map pertaining to two parcels of property located at 833 West Hoyt Place
and 834 West 200 North Street to rezone the parcels from R-1/5,000 Single-Family Residential
District and R-1/7,000 Single- Family Residential District, respectively, to SR-3 Special
Development Pattern Residential District.)
An ordinance amending the zoning map pertaining to two parcels of property located at
833 West Hoyt Place and 834 West 200 North Street to rezone the parcels from R-1/5,000
Single-Family Residential District and R-1/7,000 Single- Family Residential District,
respectively, to SR-3 Special Development Pattern Residential District pursuant to petition
number PLNPCM2018-00877.
WHEREAS, Sattar Tabriz, on behalf of the property owner, J & S Property
Development, LLC, submitted a petition number PLNPCM2018-00877 (the rezone
to rezone two parcels of property of property located at 833 West Hoyt Place and 834 West 200
North Street from R-1/5,000 Single-Family Residential District and R-1/7,000 Single- Family
Residential District, respectively, to SR-3 Special Development Pattern Residential District; and
WHEREAS, in addition to the underlying R-1/7,000 and R-1/5,000 zoning, the parcels
are further zoned with an overlay zoning designation of Airport Flight Path Protection Overlay.
WHEREAS, at its March 24, 2021 meeting, the Salt Lake City Planning Commission
held a public hearing, had discussion, and voted to forward a recommendation of approval to the
Salt Lake City Council (the on the rezone petition; and
WHEREAS, after a public hearing on this matter, the City Council has determined that
adopting this ordinance to amend the Salt Lake City Zoning map to change the underlying
zoning as set forth herein is in the City best interest; and
WHEREAS, the City Council desires to retain the overlay designation of the Airport
Flight Path Protection Overlay, and, nothing contained herein should be construed to remove that
existing designation.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
Section 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the
Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby
is amended to reflect that the parcel located 833 West Hoyt Place (Tax ID No. 08-35-406-019-
0000), more particularly described on Exhibit
is rezoned from R-1/5,000 Single-Family Residential District to SR-3 Special Development
Pattern Residential District.
Section 2. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the
Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby
is amended to reflect that the parcel located 834 West 200 North Street (Tax ID No. 08-35-406-
018-0000), more particularly described in Exhibit described on Exhibit
and incorporated by reference, is rezoned from R-1/5,000 Single-Family Residential District to
SR-3 Special Development Pattern Residential District.
Section 3. Effective Date. This Ordinance take effect immediately after it has been published in
accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713
Passed by the City Council of Salt Lake City, Utah, this ___ day of __________, 20____.
______________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
_______________________
CITY RECORDER
Transmitted to Mayor on ______________________________.
Mayor Approved. _____Vetoed.
_________________________
MAYOR
_________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 20_____
Published: ______________.
APPROVED AS TO FORM
Date: _________________________________
By: ___________________________________
Hannah Vickery, Senior City Attorney
May 27, 2021
Legal description of the property
Tax ID No. 08-35-406-019-0000
BEG 296.7 FT W FR NE COR OF LOT 8, BLK 70, PLAT C, SLC SUR; W 67.95 FT; S 157 FT; E 67.95
FT; N 157 FT TO BEG. 5529-14595581-2297
B
Legal description of the property
Tax ID No. 08-35-406-018-0000
BEG 296.7 FT W FR SE COR OF LOT 1, BLK 70, PLAT C, SLC SUR; W 67.95 FT; N 173 FT; E 67.95
FT; S 173 FT TO BEG. 5529-14596484-2069
1. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2018-0877- Nielsen Estates Zone Amendments
October 2018 Petition received by Ashley Scarff in the Planning Division
November 2018 Notice of the project was provided to community councils and
organizations and to nearby property owners and residents
December 2018 Project routed for department review
April 2020 Petition transferred to Eric Daems in the Planning Division
July 2019-Sept 2020 Project was on hold or going through various revisions as Applicant
attempted to better coordinate development efforts with neighboring
properties and to secure access from Hoyt Place, in accordance with City
recommendations
September 2020 Updated notifications were provided to Fairpark Community Council,
other recognized community organizations, and nearby property owners
October 2020- City Staff reviewed proposal and various alternatives presented
March 2021
March 2021 Notice of public hearing sent to nearby property owners and residents
March 24, 2021 Planning Commission reviewed the petition and conducted a public
hearing. The Commission voted to send a positive recommendation to the
City Council.
2. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2018-00877 Zoning Amendment-
A request by Sattar Tabriz, representing property owner J&S Property Development LLC, is
requesting a Zoning Map Amendment from R-1-5,000 and R-1-7,000 (Single-family Residential)
to SR-3 (Special Development Pattern Residential) at 833 W Hoyt Place and 834 W 200 North.
The applicant would like to rezone the properties for a future Planned Development that would
include the preservation of the existing home and add six new single-family attached homes with
access coming either from Hoyt Place (private street), or 200 North. However, the request is not
tied to a specific development proposal at this time.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During this hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may consider
adopting the ordinance on the same night of the public hearing. The hearing will be held
electronically:
DATE: Date
TIME: 7:00 p.m.
PLACE: **This meeting will not have a physical location.
**This will be an electronic meeting pursuant to the Salt Lake City Emergency
Proclamation. If you are interested in participating in the Public Hearing, please visit our
website at https://www.slc.gov/council/ to learn how you can share your comments during
the meeting. Comments may also be provided by calling the 24-Hour comment line at
(801)535-7654 or sending an email to council.comments@slcgov.com. All comments
received through any source are shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call
Eric Daems at 385-226-3187 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday or via e-mail at eric.daems@slcgov.com
People with disabilities may make requests for reasonable accommodation no later than 48 hours
in advance in order to participate in this hearing. Please make requests at least two business days
in advance. To make a request, please contact the City Council Office at
council.comments@slcgov.com , 801-535-7600, or relay service 711.
3.PLANNING COMMISSION
A. Hearing Notice
3. PLANNING COMMISSION
B. Staff Report
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
Staff Report
To: Salt Lake City Planning Commission
From: Eric Daems, AICP, SeniorPlanner, eric.daems@slcgov.com or 801-535-7236
Date: March 24, 2021
Re: PLNPCM2018-00877-Zoning Map Amendments 833 W Hoyt Pl. and 834 W 200 North
Zoning Map Amendments
PROPERTY ADDRESS: 833 West Hoyt Place and 834 W 200 North
PARCEL ID’s: 08-35-406-019-0000 and 08-35-406-018-0000
MASTER PLAN: Northwest Communityand North Temple Boulevard Plan
ZONING DISTRICTS: R-1-5,000 and R-1-7,00 (Single-family Residential)
REQUEST:
Sattar Tabriz, representing property owner J&S Property Development LLC, is petitioning to
amend the zoning map for two parcels they own.
The proposal would rezone the single-family residential zoned properties located at
approximately 833 W Hoyt Place (R-1-5,000) and 834 W 200 North (R-1-7,000) to SR-3 (Special
Development Pattern Residential). The proposed rezone is intended for a future Planned
Development to include a twin home and four single-family attached homes.
RECOMMENDATION:
Based on the information in this staff report, Planning Staff recommends that the Planning
Commission forward a recommendation of approval to the City Council for the proposed zoning map
amendment subject to:
1. Recording a development agreement for the protection of the single-family use and
architecture of the existing home at 834 W 200 North(see Key Consideration 2).
2. Access to any future development on the property should be sought first from Hoyt Place(see
Key Consideration 2).
ATTACHMENTS:
A. Vicinity Map
B. Applicant Submittal and Information
C. Property and Vicinity Photos
D. Future Land Use Maps
E. R-1-7,000 Zoning Standards
F. R-1-5,000Zoning Standards
G. SR-3Zoning Standards
H.Analysis of Amendment Standards
I. Department Review Comments
J. Public Process and Comments
2
PROJECT DESCRIPTION AND BACKGROUND:
This is a petition to rezonetwo parcels to SR-3. The first parcel is .24 acres at 833 W Hoyt Place and is
currently zone R-1-5,000. The second is 834 W 200 North and is .28 acres and is zoned R-1-7,000.
Both properties are located within the Northwest Community Master Plan as well as the North Temple
Boulevard Plan areas.Currently, the only development on the property is a single-family home at 834
W 200 North.
This project was first proposed in 2018 and included accompanying Subdivision and Planned
Development applications. The proposal has been revised and delayed for more than two years as the
property owner has attempted to work with surrounding property owners on unique development
challenges for this and surrounding properties.
One of the most unique challenges isthat development potential accessed from Hoyt Place, which is a
dead end, islimitedto 30 homes or less without secondaryfire access. The property owner adjacent to
this project owns the majority of the land along Hoyt and would like to build a complimentary project
to the one envisioned for this property. Although the projects would be complimentary, they would
likely result in more than 30 homes being accessed from Hoyt.Other challenges include the desire for
Proposed Rezone to SR-3
833 W Hoyt
R-1-5,000
834 W 200 N
R-1-7,000
Current R-1-5,000 and R-1-7,000 Zoning
SR-3
Lot Line to be Moved Through Subdivision
Home to
RemainArea for Future
Development
Existing Home
3
the property owners to work together to share utilities, driveways, and easements, which could
decrease development costs and better utilize developable area.
Both property owners have attempted to work with each other and surrounding property owners to
gain secondary access to the project and to agree to terms on sharing driveways or utilities. City Staff
has encouraged the dialogue and believes that having the owners work together would result in a better
project. That being said, the property owners have not been able to come to terms throughout the last
two and a half years and the applicant for this rezone is ready to move the project forward
independently if necessary. In order to do so, the property will need vehicular access to 200 North.
The proposed rezone is not connected to a specific development proposal at this time, although it is
anticipated the properties will be combined and a subdivision will be created for future development.
Conceptual plans include the preservation of the existing single-family home at 834 W 200 North and
the development of a twin home and four single-family homes to largely be located on 833 W Hoyt
Place. Those plans also include a 20’ driveway to the west of the existing home that would serve the
development to the northern property. Conceptual drawings have been included as part of the
submittal in Attachment B of this report.
Twin homes and attached single-family homes are not allowed uses in the R-1-5,000 or 7,000 zones.
The SR-3 zone allows for both. Although, it is proposed that the single-family home would remain on
the property at 834 W 200 North, that property would also need to include the access driveway for the
proposed homes on the northern portion of the property. The zoning of property used for access to a
land use, would need to also list that same use as a permitted use. For this reason, the applicant is
proposing that both properties be rezoned to SR-3. Even though the applicant is pursuing SR-3 zoning
for both properties and access from 200 North, he has expressed continued hope to reach an
agreement for access from Hoyt. If an agreement is reached at some point, vehicular access to 200
North would be removed from development plans. With either scenario, pedestrian access would be
provided from any new homes directly to 200 North.
Conceptual Development: Viewed from Southwest
4
The SR-3 allows for similar scale development to the R-1-5,000 and R-1-7,000 zones while moderately
increasing density potential due to smaller required lot areas and reduced yard setbacks. Tables
comparing key standards and uses of the existing R-1-5,000 and R-1-7,000 zones and the proposed
SR-3 zone have been included below.
As shown in Attachment A, the properties immediately surrounding the site are almost entirely single-
family, however there are adjacent properties on Hoyt Place which have yet to be developed. The
neighboring properties along 200 North are zoned R-1-7,000, while those along Hoyt Place are zoned
SR-3. The properties across 200 North to the south are zoned TSA-UN-T (Transit Station Area- Urban
Neighborhood-Transitional) and currently have commercial uses.
As currently zoned, only the R-1-5,000 property would support additional development. The
construction of one additional home would be allowed by-right based on the lot width and size. Because
the R-1-5,000 property (833 W Hoyt) is larger than 10,000 it would qualify for Planned Development
consideration and additional single-family homes would be possible only through the Planned
Development process.
Key Use Comparisons
Single-Family
(detached)
Single-Family
(attached)
Twin
Homes
Planned Development
(minimum area)
R-1-5,000 Permitted No No 10,000 sf
R-1-7,000 Permitted No No 14,000 sf
SR-3 Permitted Permitted Permitted 4,000 sf
Key Zoning Standards Comparison
Lot Area Max
Height
Front
Yard
Side Yard Corner
Yard
Rear
Yard
Lot Coverage
R-1-5,000 5,000 sf 28’ or 20’
flat roof
20’ 8’ and 10’ 20’ 25’ 40%
R-1-7,000 7,000 sf 28’ or 20’
flat roof
20’ 6’ and 10’ 20’ 25’ 40%
SR-3 1,500 sf
(attached)
2,000 sf
(detached)
28’ or 20’
flat roof
10’ 4’ (detached) 10’ 15’ 60% detached
70% attached
5
As shown below, the property is located within a ¼ mile walking distance to the 800 West TRAX
station.
KEY CONSIDERATIONS:
The key considerations for approval of the proposed zone amendment from R-1-5,000 and R-1-7,000
to SR-3 are:
1) Compatibility with City and neighborhood master plans
2) Potential impacts on adjacent properties
Key Consideration #1: Compatibility with City and neighborhood master plans
Plan Salt Lake:
Maintain neighborhood stability and character
Create a safe and convenient place for people to carry out their daily lives
Promote infill and redevelopment of underutilized land
Walking Path to TRAX Station
6
Balance preservation with flexibility for change and growth
Increase the number of medium density housing types and options
Enable moderate density increases within existing neighborhoods where appropriate
Make walking and cycling viable, safe, and convenient transportation options in all areas of the
City
Having a public transit stop within ¼ mile of all residents
Minimize impact of car emissions
The rezone is proposed in anticipation of a future Planned Development that will include the
preservation of the existing home at 834 W 200 North and the construction of a twin home and four
single-family attached homes largely on the property at 833 W Hoyt Place. To ensure the preservation
of the single-family use and architecture of the existing home, Staff has recommended a development
agreement be recorded. The property is in the interior portion of the block and is underutilized. Future
use would remain single-family in nature but would result in a slight increase to the housing density of
the area due to smaller required lot sizes and yard setbacks of the SR-3 zone. However, with similar
bulk requirements for any new construction, future development would maintain the general character
of the neighborhood.
Primary vehicular access to the property has not yet been determined, but the applicant has indicated
it is preferred from Hoyt Place. Regardless if vehicular access is from Hoyt or 200 North, a pedestrian
sidewalk is planned leading from the new development to 200 North. This will provide a safe and more
convenient walking path for the neighborhood and will give a more direct route to nearby businesses
and public transit options. The properties are located with less than a ¼ mile walking path from a
TRAX Station increasing the probability that residents will use it more often, thereby lowering car
emissions.
North Temple Boulevard Plan (800 West Station Stable Area):
Allow for greater residential densities where appropriate
o Allow for appropriate residential development on undeveloped mid-block parcels
The North Temple Boulevard Plan was adopted in 2010 and gives more current direction for areas
located near the North Temple corridor. The subject property is considered part of the 800 West
Station Stable Area. The vision for the 800 West Stable Area includes the desire for “Infill development
such as twin homes and attached single-family dwellings, primarily in mid-block areas that are
currently underdeveloped or under-utilized”. The proposed rezone would create the opportunity to
accomplish this vision.
As shown in Attachment D of this report, the future land use map in the plan indicates that parcels in
the Stable Area are “areas where little change is expected or desired or where current zoning allows
for desired land uses and intensities”. The proposed rezone would be a minor change that would allow
this property to have uses and density more in line with surrounding SR-3 properties on Hoyt Place
and to accomplish the other goals listed in the various master plans.
Northwest Master Plan:
Encourage private [housing] development along Hoyt Place
The Northwest Master Plan specifically identifies the midblock development potential along Hoyt
Place. Currently, only the R-1- 5,000 parcel could be developed to meet that objective. One additional
consideration is that due to requirements for fire access, a limited number of properties can be
developed along Hoyt without a secondary access point. Based on current and future proposed
7
developments along Hoyt, this property could lose development rights altogether without a secondary
access point. By rezoning the property to SR-3, the option remains open for the property to be accessed
from 200 North and fulfills the objective to encourage housing along Hoyt Place.
The future land use map in the Northwest Master Plan shows the property as low density residential,
but immediately bordering medium density residential. The proposed SR-3 zone would allow single-
family, single-family attached, and twin home dwellings. As such, the proposed rezone would be
consistent with the future land use map.
Key Consideration #2: Potential impacts on adjacent properties
There are two main impacts to consider with a potential rezone of the property:
Would any new development be compatible with the scale of existing development?
Would extending the SR-3 to 200 North be appropriate for the desired development?
There is need to balance the desire and need for new housing, allowing for moderate increases in
density, and maintaining the character of the area with similar scale development.
As shown in Attachment A, the property is surrounded by SR-3 along Hoyt and R-1-7,000 along 200
North. This rezone would allow the property to be developed more in character with existing and
potential development on the block. The applicant has indicated their intention to preserve the home
along 200 North, which would add to the compatibility of any new development. To ensure the
preservation of the existing home, Staff is recommending that the single-family home on the property
be preserved through a development agreement.
The SR-3 zoning designation is typically intended for properties that are located within the interior
portions of a block. Although many SR-3 zones follow that ideal, it is not uncommon for the zone to
be extended to a major street. In at least seven cases throughout the city, the SR-3 extends to a major
street (500 S., 300 W., 500 N., 400 N., 200 N., California Ave, and Cheyenne). In most cases, the
purpose is to provide efficient access to what otherwise would be landlocked properties. This proposal
includes for the SR-3 to extend through to 200 North. The reasoning is that vehicular access to the
property has not yet been fully granted due to fire access requirements that consider development
within the entirety of the center portion of the block and ongoing negotiations with neighboring
property owners. If a driveway to the potential six homes were to be extended to 200 North, traffic
impact to neighboring properties would increase, but not inappropriate with the character of the area.
Either way, Staff is recommending that primary vehicular access continue to be sought from Hoyt Place
as a first choice.
DISCUSSION:
With the current configuration and zoning designations, development potential of the property is
limited. Allowing for an amendment to the Zoning Map would permit more efficient use of the land
while maintaining compatibility with existing development. The intent of the North Temple Boulevard
Plan and the Northwest Community Master Plan support the development of interior portions of city
blocks with medium density housing, located near transit stations. Rezoning the property to SR-3 zone
will help accomplish this intent.
While at this time there are no official plans to redevelop the site, extending the SR-3 zone all the way
between Hoyt Place and 200 North, across this property, will provide the most flexibility for access to
the site in the future.
8
Permitting zoning that allows more dense residential dwellings in locations which support transit
reducesthe overall cost of living by lowering transportation costs. Allowing opportunity for additional
residential dwellings in areas which are supported by transit also increases the potential number of
affordable residential units in the area.
Finally, the proposed amendments to the Zoning Map meet the intent of the purpose of the SR-3
Zoning District. The intent of the SR-3 district is to provide “safe and comfortable places to live and
play, promote sustainable and compatible development patterns, and to preserve the existing character
of the neighborhood” for development within the interior portions of city blocks. A rezone of the subject
properties to SR-3 is fitting to continue these objectives, as well as the goals of the community.
NEXT STEPS:
A recommendation of approval or denial by the Planning Commission will result in the proposed
Zoning Map amendment being sent to the City Council for a final decision.
Approval of Zone Amendment
If the proposed zone amendments are approved, the applicant will be permitted to build or operate any
use allowed in the SR-3 zone, including applying for a Planned Development for the six conceptual
units envisioned for this site. A list of uses allowed in the zone is included in this report as Attachment
G. The developer will need to comply with any imposed conditions, obtain a building permit or business
license for any new development or new business, and will need to comply with all applicable zoning
standards.
Denial of Zone Amendment
If the proposed Zoning Map amendments are denied, the properties will remain zoned R-1-5,000 and
R-1-7,000 (single-family residential) respectively. The R-1-5,000 parcel would still be eligible for a
Planned Development but would be limited to single-family homes. The R-1-7,000 parcel would be too
small for additional development, but the existing single-family home could remain.
9
10
11
12
13
14
21A.24.060: R-1/7,000 SINGLE-FAMILY RESIDENTIAL DISTRICT:
A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is
to provide for conventional single-family residential neighborhoods with lots not less than
seven thousand (7,000) square feet in size. This district is appropriate in areas of the City as
identified in the applicable community Master Plan. Uses are intended to be compatible
with the existing scale and intensity of the neighborhood. The standards for the district are
intended to provide for safe and comfortable places to live and play, promote sustainable
and compatible development patterns and to preserve the existing character of the
neighborhood.
B. Uses: Uses in the R-1/7,000 Single-Family Residential District, as specified in section
21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of this
title, are permitted subject to the general provisions set forth in section 21A.24.010 of this
chapter and this section.
C. Minimum Lot Area And Lot Width: The minimum lot areas and lot widths required in
this district are as follows:
Land Use Minimum Lot
Area
Minimum Lot
Width
Municipal service uses, including City utility uses
and police and fire stations
No minimum No minimum
Natural open space and conservation areas, public
and private
No minimum No minimum
Places of worship less than 4 acres in size 12,000 square
feet
80 feet
Public pedestrian pathways, trails and greenways No minimum No minimum
Public/private utility transmission wires, lines,
pipes and poles
No minimum No minimum
Single-family detached dwellings 7,000 square feet 50 feet
Utility substations and buildings 7,000 square feet 50 feet
Other permitted or conditional uses as listed in
section 21A.33.020 of this title
7,000 square feet 50 feet
D. Maximum Building Height:
1. The maximum height of buildings with pitched roofs shall be:
a. Twenty eight feet (28') measured to the ridge of the roof; or
b. The average height of other principal buildings on the block face.
2. The maximum height of a flat roof building shall be twenty feet (20').
3. Maximum exterior wall height adjacent to interior side yards shall be twenty feet (20')
for exterior walls placed at the building setback established by the minimum required yard.
Exterior wall height may increase one foot (1') (or fraction thereof) in height for each foot (or
fraction thereof) of increased setback beyond the minimum required interior side yard. If an
exterior wall is approved with a reduced setback through a special exception, variance or
other process, the maximum allowable exterior wall height decreases by one foot (1') (or
fraction thereof) for each foot (or fraction thereof) that the wall is located closer to the
property line than the required side yard setback.
15
a. Lots with cross slopes where the topography slopes, the downhill exterior wall
height may be increased by one-half foot (0.5') for each one foot (1') difference between the
elevation of the average grades on the uphill and downhill faces of the building.
b. Exceptions:
(1) Gable Walls: Walls at the end of a pitched roof may extend to a height necessary
to support the roof structure except that the height of the top of the widest portion of the
gable wall must conform to the maximum wall height limitation described in this section.
(2) Dormer Walls: Dormer walls are exempt from the maximum exterior wall height
if:
(A) The width of a dormer is ten feet (10') or less; and
(B) The total combined width of dormers is less than or equal to fifty percent (50%)
of the length of the building facade facing the interior side yard; and
(C) Dormers are spaced at least eighteen inches (18") apart.
4. Building height for initial construction of a building shall be measured as the vertical
distance between the top of the roof and the established grade at any given point of building
coverage. Building height for any subsequent structural modification or addition to a
building shall be measured from finished grade existing at the time a building permit is
requested. Building height for the R-1 districts, R-2 District and SR districts is defined and
illustrated in chapter 21A.62 of this title.
5. Where buildings are stepped to accommodate the slope of terrain, each step shall
have a horizontal dimension of at least twelve feet (12').
6. a. For properties outside of the H Historic Preservation Overlay District,additional
building height may be granted as a special exception by the Planning Commission subject
to the special exception standards in chapter 21A.52 of this title and if the proposed building
height is in keeping with the development pattern on the block face. The Planning
Commission will approve, approve with conditions, or deny the request pursuant to chapter
21A.52 of this title.
b. Requests for additional building height for properties located in an H Historic
Preservation Overlay District shall be reviewed by the Historic Landmarks Commission
which may grant such requests subject to the provisions of section 21A.34.020 of this title.
E. Minimum Yard Requirements:
1. Front Yard: The minimum depth of the front yard for all principal buildings shall be
equal to the average of the front yards of existing buildings within the block face. Where
there are no existing buildings within the block face, the minimum depth shall be twenty feet
(20'). Where the minimum front yard is specified in the recorded subdivision plat, the
requirement specified on the plat shall prevail. For buildings legally existing on April 12,
1995, the required front yard shall be no greater than the established setback line of the
existing building.
2. Corner Side Yard: The minimum depth of the corner side yard for all principal
buildings shall be equal to the average of the existing buildings on the block face. Where
there are no other existing buildings on the block face, the minimum depth shall be twenty
feet (20'). Where the minimum corner side yard is specified in the recorded subdivision plat,
the requirement specified on the plat shall prevail.
3. Interior Side Yard:
a. Corner lots: Six feet (6').
b. Interior lots: Six feet (6') on one side and ten feet (10') on the other.
4. Rear Yard: Twenty five feet (25').
5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may
be located in a required yard subject to section 21A.36.020, table 21A.36.020B of this title.
F. Maximum Building Coverage: The surface coverage of all principal and accessory
buildings shall not exceed forty percent (40%) of the lot area.
16
G. Maximum Lot Size: With the exception of lots created by a subdivision or subdivision
amendment recorded in the Office of the Salt Lake County Recorder, the maximum size of a
new lot shall not exceed ten thousand five hundred (10,500) square feet. Lots in excess of
the maximum lot size may be created through the subdivision process subject to the
following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face; and
3. The relationship of the lot width to the lot depth is compatible with other lots on the
same block face.
H. Standards For Attached Garages:
1. Width Of An Attached Garage: The width of an attached garage facing the street may
not exceed fifty percent (50%) of the width of the front facade of the house. The width of the
garage is equal to the width of the garage door, or in the case of multiple garage doors, the
sum of the widths of each garage door plus the width of any intervening wall elements
between garage doors.
2. Located Behind Or In Line With The Front Line Of The Building: No attached garage
shall be constructed forward of the "front line of the building" (as defined in section
21A.62.040 of this title), unless:
a. A new garage is constructed to replace an existing garage that is forward of the
"front line of the building". In this case, the new garage shall be constructed in the same
location with the same dimensions as the garage being replaced;
b. At least sixty percent (60%) of the existing garages on the block face are located
forward of the "front line of the building"; or
c. The garage doors will face a corner side lot line.
17
21A.24.070: R-1/5,000 SINGLE-FAMILY RESIDENTIAL DISTRICT:
A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is
to provide for conventional single-family residential neighborhoods on lots not less than five
thousand (5,000) square feet in size. This district is appropriate in areas of the City as
identified in the applicable community Master Plan. Uses are intended to be compatible
with the existing scale and intensity of the neighborhood. The standards for the district are
intended to provide for safe and comfortable places to live and play, promote sustainable
and compatible development patterns and to preserve the existing character of the
neighborhood.
B. Uses: Uses in the R-1/5,000 Single-Family Residential District, as specified in section
21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of this
title, are permitted subject to the general provisions set forth in section 21A.24.010 of this
chapter and this section.
C. Minimum Lot Area And Lot Width: The minimum lot areas and lot widths required in
this district are as follows:
Land Use Minimum Lot
Area
Minimum Lot
Width
Municipal service uses, including City utility uses
and police and fire stations
No minimum No minimum
Natural open space and conservation areas, public
and private
No minimum No minimum
Places of worship less than 4 acres in size 12,000 square
feet
80 feet
Public pedestrian pathways, trails and greenways No minimum No minimum
Public/private utility transmission wires, lines,
pipes and poles
No minimum No minimum
Single-family detached dwellings 5,000 square feet 50 feet
Utility substations and buildings 5,000 square feet 50 feet
Other permitted or conditional uses as listed in
section 21A.33.020 of this title
5,000 square feet 50 feet
D. Maximum Building Height:
1. The maximum height of buildings with pitched roofs shall be:
a. Twenty eight feet (28') measured to the ridge of the roof; or
b. The average height of other principal buildings on the block face.
2. The maximum height of a flat roof building shall be twenty feet (20').
3. Maximum exterior wall height adjacent to interior side yards shall be twenty feet (20')
for exterior walls placed at the building setback established by the minimum required yard.
Exterior wall height may increase one foot (1') (or fraction thereof) in height for each foot (or
fraction thereof) of increased setback beyond the minimum required interior side yard. If an
exterior wall is approved with a reduced setback through a special exception, variance or
other process, the maximum allowable exterior wall height decreases by one foot (1') (or
fraction thereof) for each foot (or fraction thereof) that the wall is located closer to the
property line than the required side yard setback.
18
a. Lots with cross slopes where the topography slopes, the downhill exterior wall
height may be increased by one-half foot (0.5') for each one foot (1') difference between the
elevation of the average grades on the uphill and downhill faces of the building.
b. Exceptions:
(1) Gable Walls: Walls at the end of a pitched roof may extend to a height necessary
to support the roof structure except that the height of the top of the widest portion of the
gable wall must conform to the maximum wall height limitation described in this section.
(2) Dormer Walls: Dormer walls are exempt from the maximum exterior wall height
if:
(A) The width of a dormer is ten feet (10') or less; and
(B) The total combined width of dormers is less than or equal to fifty percent (50%)
of the length of the building facade facing the interior side yard; and
(C) Dormers are spaced at least eighteen inches (18") apart.
4. Building height for initial construction of a building shall be measured as the vertical
distance between the top of the roof and the established grade at any given point of building
coverage. Building height for any subsequent structural modification or addition to a
building shall be measured from finished grade existing at the time a building permit is
requested. Building height for the R-1 districts, R-2 District and SR districts is defined and
illustrated in chapter 21A.62 of this title.
5. Where buildings are stepped to accommodate the slope of terrain, each step shall
have a horizontal dimension of at least twelve feet (12').
6. a. For properties outside of the H Historic Preservation Overlay District, additional
building height may be granted as a special exception by the Planning Commission subject
to the special exception standards in chapter 21A.52 of this title and if the proposed building
height is in keeping with the development pattern on the block face. The Planning
Commission will approve, approve with conditions, or deny the request pursuant to chapter
21A.52 of this title.
b. Requests for additional building height for properties located in an H Historic
Preservation Overlay District shall be reviewed by the Historic Landmarks Commission
which may grant such requests subject to the provisions of section 21A.34.020 of this title.
E. Minimum Yard Requirements:
1. Front Yard: The minimum depth of the front yard for all principal buildings shall be
equal to the average of the front yards of existing buildings within the block face. Where
there are no existing buildings within the block face, the minimum depth shall be twenty feet
(20'). Where the minimum front yard is specified in the recorded subdivision plat, the
requirement specified on the plat shall prevail. For buildings legally existing on April 12,
1995, the required front yard shall be no greater than the established setback line of the
existing building.
2. Corner Side Yard: Ten feet (10').
3. Interior Side Yard:
a. Corner lots: Four feet (4').
b. Interior lots: Four feet (4') on one side and ten feet (10') on the other.
4. Rear Yard: Twenty five percent (25%) of the lot depth, or twenty feet (20'), whichever
is less.
5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may
be located in a required yard subject to section 21A.36.020, table 21A.36.020B of this title.
F. Maximum Building Coverage: The surface coverage of all principal and accessory
buildings shall not exceed forty percent (40%) of the lot.
G. Maximum Lot Size: With the exception of lots created by a subdivision or subdivision
amendment recorded in the Office of the Salt Lake County Recorder, the maximum size of a
new lot shall not exceed seven thousand five hundred (7,500) square feet. Lots in excess of
19
the maximum lot size may be created through the subdivision process subject to the
following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face; and
3. The relationship of the lot width to the lot depth is compatible with other lots on the
same block face.
H. Standards For Attached Garages:
1. Width Of An Attached Garage: The width of an attached garage facing the street may
not exceed fifty percent (50%) of the width of the front facade of the house. The width of the
garage is equal to the width of the garage door, or in the case of multiple garage doors, the
sum of the widths of each garage door plus the width of any intervening wall elements
between garage doors.
2. Located Behind Or In Line With The Front Line Of The Building: No attached garage
shall be constructed forward of the "front line of the building" (as defined in section
21A.62.040 of this title), unless:
a. A new garage is constructed to replace an existing garage that is forward of the
"front line of the building". In this case, the new garage shall be constructed in the same
location with the same dimensions as the garage being replaced;
b. At least sixty percent (60%) of the existing garages on the block face are located
forward of the "front line of the building"; or
c. The garage doors will face a corner side lot line.
20
21A.24.100: SR-3 SPECIAL DEVELOPMENT PATTERN RESIDENTIAL
DISTRICT:
A. Purpose Statement: The purpose of the SR-3 special development pattern residential
district is to provide lot, bulk and use regulations, including a variety of housing types, in
scale with the character of development located within the interior portions of city blocks.
Uses are intended to be compatible with the existing scale, density and intensity of the
neighborhood. The standards for the district are intended to provide for safe and
comfortable places to live and play, promote sustainable and compatible development
patterns and to preserve the existing character of the neighborhood. This is a medium
density zoning district. Off site parking facilities in this district to supply required parking for
new development may be approved as part of the conditional use process.
B. Uses: Uses in the SR-3 special development pattern residential district as specified in
section 21A.33.020, "Table Of Permitted And Conditional Uses For Residential Districts", of
this title, are permitted subject to the general provisions set forth in section 21A.24.010 of
this chapter, and this section.
C. Minimum Lot Area And Lot Width: The minimum lot areas and lot widths required in
this district are as follows:
Land Use Minimum Lot Area Minimum Lot
Width
Municipal service uses, including city utility
uses and police and fire stations
No minimum No minimum
Natural open space and conservation areas,
public and private
No minimum No minimum
Public pedestrian pathways, trails and
greenways
No minimum No minimum
Public/private utility transmission wires,
lines, pipes and poles
No minimum No minimum
Single-family attached dwellings1 and twin
home dwellings
1,500 square feet per
dwelling unit
Interior: 22 feet
Corner: 32 feet
Single-family detached dwellings 2,000 square feet Interior: 30 feet
Corner: 40 feet
Two-family dwellings 3,000 square feet Interior: 44 feet
Corner: 54 feet
Utility substations and buildings 5,000 square feet 50 feet
Other permitted or conditional uses as listed
in section 21A.33.020 of this title
2,000 square feet Interior: 30 feet
Corner: 40 feet
Qualifying provisions:
1. Not more than 6 dwellings may be attached together.
D. Maximum Building Height:
1. The maximum height of buildings with pitched roofs shall be:
a. Twenty eight feet (28') measured to the ridge of the roof; or
b. The average height of other principal buildings on the block face.
2. The maximum height of a flat roof building shall be twenty feet (20').
3. Maximum exterior wall height adjacent to interior side yards shall be twenty feet (20')
for exterior walls placed at the building setback established by the minimum required yard.
21
Exterior wall height may increase one foot (1') (or fraction thereof) in height for each foot (or
fraction thereof) of increased setback beyond the minimum required interior side yard. If an
exterior wall is approved with a reduced setback through a special exception, variance or
other process, the maximum allowable exterior wall height decreases by one foot (1') (or
fraction thereof) for each foot (or fraction thereof) that the wall is located closer to the
property line than the required side yard setback.
a. Lots with cross slopes where the topography slopes, the downhill exterior wall
height may be increased by one-half foot (0.5') for each one foot (1') difference between the
elevation of the average grades on the uphill and downhill faces of the building.
b. Exceptions:
(1) Gable Walls: Walls at the end of a pitched roof may extend to a height necessary
to support the roof structure except that the height of the top of the widest portion of the
gable wall must conform to the maximum wall height limitation described in this section.
(2) Dormer Walls: Dormer walls are exempt from the maximum exterior wall height
if:
(A) The width of a dormer is ten feet (10') or less; and
(B) The total combined width of dormers is less than or equal to fifty percent (50%)
of the length of the building facade facing the interior side yard; and
(C) Dormers are spaced at least eighteen inches (18") apart.
4. Building height for initial construction of a building shall be measured as the vertical
distance between the top of the roof and the established grade at any given point of building
coverage. Building height for any subsequent structural modification or addition to a
building shall be measured from finished grade existing at the time a building permit is
requested. Building height for the R-1 districts, R-2 district and SR districts is defined and
illustrated in chapter 21A.62 of this title.
5. Where buildings are stepped to accommodate the slope of terrain, each step shall
have a horizontal dimension of at least twelve feet (12').
6. a. For properties outside of the H historic preservation overlay district, additional
building height may be granted as a special exception by the planning commission subject to
the special exception standards in chapter 21A.52 of this title and if the proposed building
height is in keeping with the development pattern on the block face. The planning
commission will approve, approve with conditions, or deny the request pursuant to chapter
21A.52 of this title.
b. Requests for additional building height for properties located in an H historic
preservation overlay district shall be reviewed by the Historic Landmarks Commission
which may grant such requests subject to the provisions of section 21A.34.020 of this title.
E. Minimum Yard Requirements:
1. Front Yard: The minimum depth of the front yard for all principal buildings shall be
equal to the average of the front yards of existing buildings within the block face. Where
there are no existing buildings within the block face, the minimum depth shall be ten feet
(10'). Where the minimum front yard is specified in the recorded subdivision plat, the
requirement specified on the plat shall prevail. For buildings legally existing on April 12,
1995, the required front yard shall be no greater than the established setback line of the
existing building.
2. Corner Side Yard: Ten feet (10'). For buildings legally existing on April 12, 1995, the
required corner side yard shall be no greater than the established setback line of the existing
building.
3. Interior Side Yard:
a. Single-family detached dwellings: Four feet (4').
22
b. Single-family attached and twin home dwellings: When abutting a single-family
dwelling, a four foot (4') yard is required, otherwise no interior yard is required. Where a
yard is provided, it shall be not less than four feet (4').
4. Rear Yard: Twenty percent (20%) of the lot depth but not less than fifteen feet (15')
and need not exceed thirty feet (30').
5. Accessory Buildings And Structures In Yards: Accessory buildings and structures may
be located in a required yard subject to section 21A.36.020, table 21A.36.020B,
"Obstructions In Required Yards", of this title.
F. Maximum Building Coverage: The surface coverage of all principal and accessory
buildings shall not exceed sixty percent (60%) of the lot area for detached dwellings and
seventy percent (70%) for attached dwellings. For lots with buildings legally existing on April
12, 1995, the coverage of existing buildings shall be considered legal conforming.
G. Maximum Lot Size: With the exception of lots created by a subdivision or subdivision
amendment recorded in the Office of the Salt Lake County Recorder, the maximum size of a
new lot shall not exceed two hundred percent (200%) of the minimum lot size allowed by
the base zoning district. Lots in excess of the maximum lot size may be created through the
subdivision process subject to the following standards:
1. The size of the new lot is compatible with other lots on the same block face;
2. The configuration of the lot is compatible with other lots on the same block face; and
3. The relationship of the lot width to the lot depth is compatible with other lots on the
same block face.
H. Standards For Attached Garages:
1. Width Of An Attached Garage: The width of an attached garage facing the street may
not exceed fifty percent (50%) of the width of the front facade of the house. The width of the
garage is equal to the width of the garage door, or in the case of multiple garage doors, the
sum of the widths of each garage door plus the width of any intervening wall elements
between garage doors.
2. Located Behind Or In Line With The Front Line Of The Building: No attached garage
shall be constructed forward of the "front line of the building" (as defined in section
21A.62.040 of this title), unless:
a. A new garage is constructed to replace an existing garage that is forward of the
"front line of the building". In this case, the new garage shall be constructed in the same
location with the same dimensions as the garage being replaced;
b. At least sixty percent (60%) of the existing garages on the block face are located
forward of the "front line of the building"; or
c. The garage doors will face a corner side lot line.
23
Zoning Map Amendments
A decision to amend the text of this title or the zoning map by general amendment is a matter
committed to the legislative discretion of the city council and is not controlled by any one
standard. In making a decision to amend the zoning map, the City Council should consider the
following:
Factor Rationale Finding
1. Whether a proposed map
amendment is consistent
with the purposes, goals,
objectives, and policies of
the city as stated through its
various adopted planning
documents;
Complies As reviewed previously in this staff report as
Key Consideration 1, the proposed zoning
amendment is consistent with the purposes,
goals, and initiatives of the North Temple
Boulevard Plan and the Northwest
Community Plan.
Also discussed in Key Consideration 1, the
amendment is also supportive of Plan Salt
Lake, a citywide plan which guides the
direction of the city as a whole.
2. Whether a proposed map
amendment furthers the
specific purpose statements
of the zoning ordinance.
Complies The purposes stated for the SR-3-
Special Development Pattern
Residential District include:
To provide lot, bulk and use
regulations, including a variety of
housing types, in scale with the
character of development located
within the interior portions of city
blocks.
Although this petition does not include
specific development approval, it is
anticipated the property will be used for
a twin home and four future single-
family attached homes. The
development of single-family attached
homes will provide additional choice for
housing types in the neighborhood
while maintain similar height, bulk, and
uses to the surrounding properties.
Uses are intended to be compatible
with the existing scale, density and
intensity of the neighborhood.
The property is surrounded by SR-3
and R-1-7,000 zoning districts. The
SR-3 zone is typically found adjacent to
other single-family zones and
considered an appropriate zone to
transition to slightly greater density.
The existing uses surrounding the
property include single-family attached
and detached homes. The proposed
24
SR-3 zone will provide opportunity for
uses that are compatible with the scale
and density of the neighborhood.
The standards for the district are
intended to provide for safe and
comfortable places to live and play,
promote sustainable and compatible
development patterns and to
preserve the existing character of the
neighborhood.
The SR-3 zone would promote
compatible development with the
surrounding SR-3 and R-1-7,000 zone
developments surrounding the
property. The smaller lot sizes and
possible attached single-family homes
would promote sustainability. The
potential for pedestrian and vehicular
access from either 200 North or Hoyt
Place would ensure a safe and
comfortable development.
This is a medium density zoning
district.
At this point the formal development
proposal is on hold pending the
outcome of this rezone and
negotiations for potential access from
Hoyt Place. It is anticipated that the
development will be for a twin home
and four single-family attached homes
to be located north of the single-family
home at 834 W 200 North. The homes
would have greater, but compatible
density than what is required in the R-
1-5,000 or R-1-7,000 zone.
3. The extent to which a
proposed map amendment
will affect adjacent
properties;
Complies
The potential impacts this amendment may
have on adjacent properties is discussed in
Key Consideration 2 of this report.
During this review staff found the proposed
zoning district and its permitted land uses as
appropriate to the surrounding properties.
It was also found that the proposed setbacks,
maximum building height, and lot coverage
standards are compatible with the
surrounding zoning districts and are similar in
massing and bulk as the development
potential of the surrounding properties.
25
4. Whether a proposed map
amendment is consistent
with the purposes and
provisions of any applicable
overlay zoning districts
which may impose
additional standards
Complies The property is not located within an overlay
zoning district that imposes additional
standards.
5. The adequacy of public
facilities and services
intended to serve the
subject property, including,
but not limited to, roadways,
parks and recreational
facilities, police and fire
protection, schools,
stormwater drainage
systems, water supplies,
and wastewater and refuse
collection.
Complies During the review, all applicable City
departments were notified of the proposed
amendments. No departments opposed the
rezone or potential development; however, the
applicant will need to continue to work with
Public Utilities on the specific access and
design of utilities for a future proposed
development. It should also be noted, it has
yet to be determined whether the development
will be accessed from 200 North, or the
preferred Hoyt Place. This rezone would make
it so access could be granted from either
street.
26
*Comments were provided for the proposed Zoning Amendments, Planned Development,
and Subdivision. However, only the Zoning Amendments are proposed for approval at this
time.
PLANNING DIVISION COMMENTS
Comments by: Eric Daems
Email: eric.daems@slcgov.com
Phone: 801-535-7236
Status: Make Corrections
1. Planned Developments require submittal of a landscape plan in conformance with 21A.48.
2. Please contact the City Urban Forester with regard to tree species to line Hoyt.
3. Please provide a Disclosure of Private Infrastructure Costs per 21A.55.110.
4. Proposed shared driveway will require recorded agreements from both property owners per
21A.44.020.F.7.a&c
5. Planned Development approval will be needed for homes to be accessed from private driveway.
6. Please comment on proposed fencing material. Also, fencing in front yards of Lots 1 & 7 may not exceed
4’ where 6’ is shown (21A.40.120.D&E)
7. Planned Development approval will be needed for lots to not have frontage on public street
(21A.36.010.C) and for side lot lines not to be at right angles to the public street (20.12.020)
8. Please show building heights based on established grade.
PUBLIC UTILITIES DIVISION COMMENTS
Comments by: Jason Draper
Email: Jason.draper@slcgov.com
Phone: 801-483-6751
Status: Make corrections
• Review and acceptance of the preliminary plat does not provide subdivision improvement plan
approval, utility or building permits.
• Utilities cannot cross property lines without appropriate easements and agreements.
• Public Utility permit, connection, survey and inspection fees will apply.
• Please submit site subdivision improvement and utility plans for review. Other plans such as erosion
control plans and plumbing plans may also be required depending on the scope of work. Submit
supporting documents and calculations along with the plans.
• A sewer main will be required at the property owner’s expense. Required improvements on the
public sewer system will be determined by the Development Review Engineer. A plan and profile and
Engineer’s cost estimate must be submitted for review. The property owner is required to bond for the
amount of the approved cost estimate.
• All utility design and construction must comply with APWA Standards and SLCPU Standard
Practices.
• Contact SLCPU Street Light Program Manager, Dave Pearson (801-483-6738), for information
regarding street lights.
• All utilities must public utility horizontal and vertical separation requirements.
• Salt Lake City Public Utility Easements must be 20 feet minimum and no other utilities are allowed
in the easement.
ENGINEERING DIVISION COMMENTS
Comments by: Scott Weiler
Email: scott.weiler@slcgov.com
Phone: 801-535-6159
Status: Make Corrections
1. See attached redlines
27
TRANSPORTATION DIVISION COMMENTS
Comments by: Michael Barry
Email: Michael.barry@slcgov.com
Phone: 801-535-7147
Status: Make Corrections (fence)
The plans show two (2) off street parking spaces for each residence which meets the minimum
parking requirement for single family residences. Tandem parking is utilized by the six new residences
which is allowed for single family residences. The parking spaces meet the dimensional requirements.
If part of the project is rezoned to SR-3, then only one (1) off street parking space would be required
for single family residences in that zone. The six foot (6’) tall fence on 834 W 200 N must be not
exceed thirty inches (30”) in height within the sight distance triangle zone per 21A.40.120.E.9; this is a
ten foot (10’) sight distance triangle. If the fence is fifty (50) per cent see through, then the fence shall
be allowed to a height of four feet (4’). Cross access agreements will need to be recorded as applicable.
BUILDING SERVICES COMMENTS
Comments by: Kevin Hamilton
Email: kevin.hamilton@slcgov.com
Phone: 801-535-7120
Status: General Comments
833 West Hoyt PL is zoned R-1-5000 and located within the Airport Flight Path Protection and
National Historic overlay districts.
834 W 200 N is zoned R-1-7000 and located within the Airport Flight Path Protection and National
Historic overlay districts.
A thorough review for compliance with the regulations of those zones will be undertaken when
building permits for those properties are submitted.
FIRE COMMENTS
Comments by: Doug Bateman
Email: douglas.bateman@slcgov.com
Phone: 801-535-6619
Status: General Comments
Fire access roads shall be installed to within 150-feet of all first story exterior portions of the structures
as measured by an approved route (height of building times 70% plus 4-feet is the distance from the
wall to where the measurement is taken).
Any fire department access road that is greater in length that 150-feet shall be provided with an
approved turn a round. The specifications for the turn a round can be found in IFC appendix D, with
the notable exception that if a hammerhead is used that the turn areas be increased to 80-feet from
60-feet (160-feet total for the hammerhead)
HOUSING & NEIGHBORHOOD DEVELOPMENT
Comments by: Lani Eggertsen-Goff
Email: lanni.eggertsen-goff@slcgov.com
Phone: 801-535-6240
Status: No objections
28
Public Notice, Meetings, Comments
The following is a list of public meetings that have been held, and other public input opportunities,
related to the proposed project since the application was submitted:
November 2018 – Notice of the project was provided to the Fairpark Community Council, other
recognized community organizations, as well as property owners and residents within 300 feet
of the proposal.
July 2019-July 2020-The project was on hold or going through various revisions in attempt to
work with neighboring properties for joint access from Hoyt Place
September 1, 2020- Updated notifications of the project were provided to the
Fairpark Community Council, other recognized community organization, as well as
property owners and residents within 300 feet of the proposal.
No recognized organizations requested the item to be discussed during a community council meeting.
The following comment was received from a neighbor on 9/17/20, however it should be noted that the
comment was in response to the proposed Planned Development, Subdivision, and Zone Amendment
considered as one proposal:
Neighbor expressed concern that the southernmost units would look directly into her rear yard. She
felt they would create a loss of privacy for her and that would result in diminishing property values.
She would not like the lot line to be adjusted between the property on Hoyt and 200 N.
Notice of the public hearing for the proposal included:
Public hearing notice mailed on March 18, 2021
Public hearing notice posted on March 18, 2021
Public notice posted on City and State websites and Planning Division list serve on March 18, 2021
3. PLANNING COMMISSION
C. Agenda/Minutes
March 24, 2021
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
March 24, 2021 at 5:30 p.m.
(The order of the items may change )
This Meeting will not have an anchor location at the City and County Building. Commission Members will
connect remotely. We want to make sure everyone interested in the Planning Commission meetings can
still access the meetings how they feel most comfortable. If you are interested in watching the Planning
Commission meetings, they are available on the following platforms:
YouTube: www.youtube.com/slclivemeetings
SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Public Hearing portion of the meeting or provide general
comments, email; planning.comments@slcgov.com or connect with us on Webex at:
http://tiny.cc/slc-pc-032421
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM
APPROVAL OF MINUTES FOR MARCH 10, 2021
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
CONSENT AGENDA
1. 1807 S 1900 E Time Extension Request - Susan Klinker, property owner, is requesting for a one-
year time extension of approval for the conditional use approval for a detached 2-story accessory
dwelling unit (ADU) at 1807 South 1900 East. The applicant has indicated that additional time is
needed due to delays related to the current COVID-19 pandemic. The Conditional Use was approved
by the Planning Commission on April 22, 2020. The subject property is located in the R-1/7,000
(Single-Family Residential) zoning district within Council District 6, represented by Dan Dugan. (Staff
contact: Linda Mitchell at (385) 386-2763 or linda.mitchell@slcgov.com) Case Number:
PLNPCM2019-01065
PUBLIC HEARINGS
1. 1583 E Stratford Master Plan and Zoning Map Amendments - Salt Lake City received a request
from Erin Hoffman with Stratford Investment Properties, the property owner, to amend the Sugar
House Master Plan and the zoning map for a property located at approximately 1583 East Stratford
Ave. The proposal would rezone the entire property from RMF-35 (Moderate Density Multi-Family
Residential) to CN (Neighborhood Commercial) and amend the Sugar House Future Land Use Map
from Medium Density Residential to Neighborhood Business. The purpose of the amendments is to
convert the existing building from multi-family residential to office. The property is located within
Council District 7, represented by Amy Fowler. (Staff contact: Nannette Larsen at 385-386-2761 or
nannette.larsen@slcgov.com) Case Numbers: PLNPCM2020-000393; PLNPCM2020-000394
2. Conditional Use for an ADU at approximately 742 S. Navajo St - Andrea Palmer, property owner
and Modal representative, is requesting Conditional Use approval for a detached accessory dwelling
unit located in the rear yard of the subject property located at 742 S. Navajo St. The applicant is
proposing a 425-square foot unit. The property is located within the R-1/5000 (Single-Family
Residential) zoning district and is within Council District 2, represented by Andrew Johnston. (Staff
contact: Kelsey Lindquist at (385) 226-7227 or kelsey.lindquist@slcgov.com) Case Number:
PLNPCM2021-00013
3. Nielsen Estates Rezone 833 W Hoyt Place and 834 W 200 North - Sattar Tabriz, representing
property owner J&S Property Development LLC, is requesting a Zoning Map Amendment from R-1-
5,000 and R-1-7,000 (Single-family Residential) to SR-3 (Special Development Pattern
Residential) at the above-listed addresses. The applicant would like to rezone the properties for a
future Planned Development that would include the preservation of the existing home and add six
new single-family attached homes. However, the request is not tied to a development proposal.
Although the applicant has requested the property be rezoned all the way to 200 North, consideration
to have the property around the existing home remain zoned R-1-7,000 may be given if access to the
remainder of the property can be secured from Hoyt Place. The property is located within Council
District 2, represented by Andrew Johnston. (Staff contact: Eric Daems at (385) 226-3187 or
eric.daems@slcgov.com)Case Number: PLNPCM2018-00877
WORK SESSION
1. Zoning 101 Training - Planning staff will provide a zoning 101 training for the commission and the
public.
slc.gov/planning/public-
meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified,
which usually occurs at the next regularly scheduled meeting of the Planning Commission.
Salt Lake City Planning Commission March 24, 2021 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, March 24, 2021
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to
order at approximately 5:45 pm. Audio recordings of the Planning Commission meetings are retained for
a period of time. These minutes are a summary of the meeting. For complete commentary and
presentation of the meeting, please visit https://www.youtube.com/c/SLCLiveMeetings.
Present for the Planning Commission meeting were: Chairperson, Brenda Scheer; Vice Chairperson,
Amy Barry; Commissioners Maurine Bachman, Adrienne Bell, Carolynn Hoskins, Jon Lee, Matt Lyon,
Andres Paredes, Crystal Young-Otterstrom and Sara Urquhart.
Planning Staff members present at the meeting were: Nick Norris, Director; Wayne Mills, Planning
Manager; John Anderson, Planning Manager; Paul Nielson, Attorney; Linda Mitchell, Principal Planner;
Nannette Larsen, Principal Planner; Kelsey Lindquist, Senior Planner; Eric Daems, Senior Planner;
Marlene Rankins; Administrative Secretary; Aubrey Clark, Administrative Secretary.
Commissioner Brenda Scheer read the emergency proclamation for holding a virtual meeting.
Planning Manager Wayne Mills explained the meeting instructions.
APPROVAL OF THE MARCH 10, 2021 MEETING MINUTES AND CONSENT AGENDA.
MOTION
Commissioner Urquhart moved to approve the March 10, 2021 meeting minutes as well as the
Time Extension Request (listed in the Consent Agenda).
Commissioner Bachman seconded the motion. Commissioners Bell, Barry, Paredes, Hoskins,
Young-Otterstrom, Lyon, Lee, Bachman and Urquhart voted “Aye”. The motion passed to approve
the meeting minutes as well as the 1807 S 1900 E Time Extension Request.
REPORT OF THE CHAIR AND VICE CHAIR
Commissioner Scheer reported that she had nothing to report.
Commissioner Barry reported that she had nothing to report.
REPORT OF THE DIRECTOR
Planning Manager Wayne Mills reported that there are technically difficulties and how to proceed.
Salt Lake City Planning Commission March 24, 2021 Page 2
CONSENT AGENDA
1807 S 1900 E Time Extension Request - Susan Klinker, property owner, is requesting for a one-year
time extension of approval for the conditional use approval for a detached 2-story accessory dwelling unit
(ADU) at 1807 South 1900 East. The applicant has indicated that additional time is needed due to delays
related to the current COVID-19 pandemic. The Conditional Use was approved by the Planning
Commission on April 22, 2020. The subject property is located in the R-1/7,000 (Single-Family Residential)
zoning district within Council District 6, represented by Dan Dugan. (Staff contact: Linda Mitchell at (385)
386-2763 or linda.mitchell@slcgov.com) Case Number: PLNPCM2019-01065
MOTION
One-year time extension approved by the Commission.
PUBLIC HEARINGS
1583 E Stratford Master Plan and Zoning Map Amendments - Salt Lake City received a request from
Erin Hoffman with Stratford Investment Properties, the property owner, to amend the Sugar House Master
Plan and the zoning map for a property located at approximately 1583 East Stratford Ave. The proposal
would rezone the entire property from RMF-35 (Moderate Density Multi-Family Residential) to CN
(Neighborhood Commercial) and amend the Sugar House Future Land Use Map from Medium Density
Residential to Neighborhood Business. The purpose of the amendments is to convert the existing building
from multi-family residential to office. The property is located within Council District 7, represented by
Amy Fowler. (Staff contact: Nannette Larsen at 385-386-2761 or nannette.larsen@slcgov.com) Case
Numbers: PLNPCM2020-00393; PLNPCM2020-00394
Nannette Larsen, Principal Planner, reviewed the information in this staff report (located in the case file).
She stated that Staff recommends that the Planning Commission forward a recommendation of denial to
the City Council for the Master Plan and Zoning Map amendments. She stated that it was found by
Planning Staff in the report that the proposed amendments do not meet the intent of the Master Plan.
She reviewed the site location, the rezoning request and the Master Plan.
Melanie Clark, Presenter, reviewed the application history and stated legal standards for the master plan
and zoning. She cited Utah case law that talked about how public clamor is not a sufficient basis for land
use decisions. She presented the plan to show what kind of business they are purposing to occupy the
space. She stated that the property does not currently apply to the standards of affordable housing and
that there is a need for commercial nodes in the area to meet the intent of the Sugarhouse Master Plan.
Commissioner Scheer opened the meeting to the commission’s questions.
Commission and Staff discussed and made clarifications on:
Whether the property is owner occupied.
Whether the Staff initially recommended commercial neighborhood rezoning of the property.
The definition and location of a commercial node on the Sugarhouse Master Plan.
Commissioner Scheer opened the meeting to the public hearing.
PUBLIC HEARING
Brenda Koga – in opposition to the petition.
Salt Lake City Planning Commission March 24, 2021 Page 3
Judi Short – Sugarhouse Neighborhood Council member - in opposition to the petition. Stated the
remodel started prior to rezoning and continued even after the stop order was placed.
Zachary Dussault – in opposition to the petition. Stated he feels it should be zoned RMU35.
Debbie Mayo – in opposition to the petition.
Aric Sharp – in opposition to the petition.
Cindy Cromer – in opposition to the petition.
Planning Manager Wayne Mills read an email from Lance Vanderhoof - in opposition to the petition.
Nannette Laser held up her phone to let Tim Krueger comment - in opposition to the petition.
Seeing no one else wished to speak, Commissioner Scheer closed the public hearing.
MOTION
Commissioner Crystal Young-Otterstrom stated, Based on the information in the staff report I
move that the Planning Commission recommend that the City Council deny the proposed master
plan amendment, as presented in petition PLNPCM2020-00394: Additionally, I move that the
Planning Commission recommend that the City Council deny the proposed zoning map
amendment, as presented in petition PLNPCM2020-00393.
Commissioner Carolynn Hoskins seconded the motion. Commissioners Bell, Barry, Paredes,
Hoskins, Young-Otterstrom, Lyon, Lee, Bachman and Urquhart voted “Aye”. The motion passed
unanimously with a recommendation going forward to City Council to deny the request.
Conditional Use for an ADU at approximately 742 S. Navajo St - Andrea Palmer, property owner and
Modal representative, is requesting Conditional Use approval for a detached accessory dwelling unit
located in the rear yard of the subject property located at 742 S. Navajo St. The applicant is proposing a
425-square foot unit. The property is located within the R-1/5000 (Single-Family Residential) zoning
district and is within Council District 2, represented by Andrew Johnston. (Staff contact: Kelsey Lindquist
at (385) 226-7227 or kelsey.lindquist@slcgov.com) Case Number: PLNPCM2021-00013
Kelsey Lindquist, Senior Planner, reviewed the information in the staff report (located in the case file.)
Planning Staff finds the project generally meets the applicable standards of approval and therefore
recommends the Planning Commission approve the Conditional Use for the ADU.
Commissioner Scheer asked for clarification on the on-street parking.
Andrea Palmer, representing property owner Jessica Andrew and Modal Living, presented the site
concept. She stated that the property owner is not very interested in renting out the ADU but having it be
for use by guests and family members.
Commissioner Scheer opened the public hearing.
PUBLIC HEARING
Zachary Dussault - in favor of the petition.
Seeing no one else wished to speak, Commissioner Scheer closed the public hearing.
Salt Lake City Planning Commission March 24, 2021 Page 4
MOTION
Commissioner Amy Barry stated, based on the information in the staff report, the information
presented, and the input received during the public hearing, I move that the Planning Commission
approve petition PLNPCM2021-00013.
Commissioner Maurine Bachman seconded the motion. Commissioner Adrienne Bell recused
herself. Commissioners Barry, Paredes, Hoskins, Young-Otterstrom, Lyon, Lee, Bachman and
Urquhart voted “Aye”. The motion passed with 8 “Ayes” and 1 recusal.
Nielsen Estates Rezone 833 W Hoyt Place and 834 W 200 North - Sattar Tabriz, representing property
owner J&S Property Development LLC, is requesting a Zoning Map Amendment from R-1- 5,000 and R-
1-7,000 (Single-family Residential) to SR-3 (Special Development Pattern Residential) at the above-listed
addresses. The applicant would like to rezone the properties for a future Planned Development that would
include the preservation of the existing home and add six new single-family attached homes. However,
the request is not tied to a development proposal. Although the applicant has requested the property be
rezoned all the way to 200 North, consideration to have the property around the existing home remain
zoned R-1-7,000 may be given if access to the remainder of the property can be secured from Hoyt
Place. The property is located within Council District 2, represented by Andrew Johnston. (Staff contact:
Eric Daems at (385) 226-3187 or eric.daems@slcgov.com) Case Number: PLNPCM2018-00877
Eric Daems, Senior Planner, reviewed the information in the staff report (located in the case file). He
stated that planning staff recommends that the planning commission forward a positive recommendation
to the city council with the conditions listed in the staff report. He outlined the proposed requested rezone
amendment and key considerations to master plan compatibility.
The Commission and Staff discussed and made clarifications on:
A future lot line adjustment or planned development
Whether the condition to preserve the existing house can still be met if access is required via 200
North
Commissioner Scheer asked to hear from the applicant.
Sattar Tabriz, representing applicant, stated that they want the best development for the community and
the area. He commented on the long process the project has been through. He stated that home on the
property is on the national registry for historic housing and they are committed to preserving the home.
He commented on fire access, the driveway and property access.
Commissioner Scheer opened the meeting to the Commission for questions.
Commissioner Bell asked for clarification on whether the applicant was comfortable with the
recommendations and conditions listed in the staff report.
Commissioner Scheer opened the meeting to the public hearing.
PUBLIC HEARING
David Charbonneau – Spoke in favor of the petition but expressed concern that the property line
measurement is inaccurate.
Salt Lake City Planning Commission March 24, 2021 Page 5
Pachuco Lautaro – Representing the Rose Park Brown Berets, opposed to the rezoning. He addressed
that rezoning, if approved, will increase the property tax and the rent of adjacent properties and impact
the whole community in general. He stated that the Master Plan is a fraud and not in the people’s interest
and the developments coming in are not affordable to the people who currently live in the neighborhood.
Zachary Dussault – in favor of the petition.
Planning Manager Wayne Mills read an email received from Jesse Anderson opposing the petition.
Planning Manager Wayne Mills clarified that Hoyt Place is a private street not a public street.
Commissioner Scheer closed the public hearing and opened the meeting to commissioners’ comments.
The Commission and Staff discussed the rezone including:
Unresolved utility issues between the two developments
Whether it would be appropriate to rezone without knowing the intention of the future Planned
Development or Subdivision for Hoyt Place
Whether it is necessary for the project to be in keeping with the Master Plan goals of promoting
affordable housing
MOTION
Commissioner Adrienne Bell stated, Based on the findings listed in the staff report, the
information presented, and the input received during the public hearing, I move that the Planning
Commission recommend that the City Council approve the Zoning Map amendments from R-1-
5,000 and R-1-7,000 to SR-3 for petition (PLNPCM2018-00877), subject to complying with the
conditions listed in the staff report:
Commissioner Matt Lyon seconded to approve the motion. Commissioners Bell, Barry, Paredes,
Hoskins, Young-Otterstrom, Lyon, Lee, Bachman and Urquhart voted “Aye”. The motion passed
unanimously.
WORK SESSION
Zoning 101 Training - Planning staff will provide a zoning 101 training for the commission and the
public.
Nick Norris outlined that the State Legislature passed a law requiring the Commission members to have
4 hours of training. He outlined what the state codes are and what the Master Plan is and how it is
implemented.
Sara Urquhart asked for clarification on what qualifies as a historic district. Staff and Commissioners
identify the standards.
Commissioner Amy Barry asked for clarification on the term “design review”.
Staff and the Commission discussed approval processes.
Commissioner Scheer opened up discussion for when in person Planning Commission meetings will
resume. Nick Norris said he doesn’t think it will be too long before they can meet in person again. Possibly
3-6 months.
Salt Lake City Planning Commission March 24, 2021 Page 6
The meeting adjourned at 8:49pm.
4. ORIGINAL PETITION
Petition PLNPCM2018-00877
June 12, 2020
Eric Daems, AICP
Senior Planner
Salt Lake City Corporation
Subject:Zone Amendment under active application
Project #PLNPCM2018-00877
Mr Daems:
We would like to propose the following changes to the active application for J&S Property
Development LLC Nielsen Estates Subdivision Zone Amendment Supplemental Document,
dated October 25, 2018:
Proposed Use of the Property
The SR-3 zone will facilitate development of six single-family attached homes, each with a
minimum lot area of 1500 SF. Each home will have a dedicated attached single car garage
and area for an additional parking spot in front of the garage.
Parcel Numbers
The following parcels are proposed for zoning amendment:
1. The northerly 63ft of the parcel at 834 west 200 north with a parcel number of 08-35-
406-018-0000. This parcel is proposed to be zone SR-3.
2. The entire area of the parcel at 833 west Hoyt Place with a parcel number of 08-35-
406-019-0000. This parcel is proposed to be zone SR-3. The rest of the parcel will
remain as zone R-1-7000.
3. A 125SF portion of the parcel at 825 West Hoyt Place with a parcel number of 08-35-
406-022-0000. This area will be purchased for the development. It is currently zoned
as SR-3 and will remain as such.
Respectfully,
WARD ENGINEERING GROUP
231 West 800 South
Salt Lake City, UT 84101
Cc: Sattar Tabriz: Ward Engineering Group
5. MAILING LIST
OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STATE OWN_ZIP
JOHN GRIFFITHS 1021 E SOUTHTEMPLE ST SALT LAKE CITY UT 84102
RODNEY & MERILEE SABINO LIVING TRUST
05/19/2020 1064 E 400 S SALT LAKE CITY UT 84102
PAWPURR UT ALPHA, LLC 11257 S TRENT DR SOUTH JORDAN UT 84095
ANTONIO J VALDEZ; MELODY A VALDEZ (JT)121 S JEREMY ST SALT LAKE CITY UT 84104
MIKE ORTHNER 1216 N 900 E BOUNTIFUL UT 84010
Current Occupant 150 N 900 W Salt Lake City UT 84116
WYNETHA BRIDGEWATER; JAKE LEE (JT)155 N 700 W SALT LAKE CITY UT 84116
878-880 WEST 200 NORTH LLC 1590 N MANDALAY RD SALT LAKE CITY UT 84116
GREGORIO VASQUEZ TELLEZ; ARMIDA BLANCAS
TELLEZ (JT)173 N 800 W SALT LAKE CITY UT 84116
Current Occupant 184 N 900 W Salt Lake City UT 84116
TRUST NOT IDENTIFIED 185 N WESTTEMPLE ST # 112 SALT LAKE CITY UT 84103
THOMAS E DEVROOM 213 N 800 W SALT LAKE CITY UT 84116
JOSE SANCHEZ 216 N 900 W SALT LAKE CITY UT 84116
DEAN A TRUJILLO; JENNIFER M TRUJILLO (JT)219 N 800 W SALT LAKE CITY UT 84116
Current Occupant 220 N 900 W Salt Lake City UT 84116
JOHN G STORRS 223 N 800 W SALT LAKE CITY UT 84116
MATT MERTLICH 228 N 900 W SALT LAKE CITY UT 84116
SHIREL WOODCOX 229 N 800 W SALT LAKE CITY UT 84116
APOLO T MAUAI; THELMA MAUAI (JT)230 N 900 W SALT LAKE CITY UT 84116
SWW LV TRST 234 N 900 W SALT LAKE CITY UT 84116
Current Occupant 235 N 800 W Salt Lake City UT 84116
ARAM NASR 236 N 900 W SALT LAKE CITY UT 84116
Current Occupant 241 N 800 W Salt Lake City UT 84116
LM TR 246 N 600 W SALT LAKE CITY UT 84116
EDWARD DEL RIO 246 N 900 W SALT LAKE CITY UT 84116
MARICRUZ L VARGAS 247 N 800 W SALT LAKE CITY UT 84116
JENNIFER SIMPSON 250 N 900 W SALT LAKE CITY UT 84116
Current Occupant 251 N 800 W Salt Lake City UT 84116
BERNADETTE DESCHINE 257 N 800 W SALT LAKE CITY UT 84116
Current Occupant 258 N 900 W Salt Lake City UT 84116
JORDAN K GREENE; AMANDA MALLORY FOSTE
(JT)260 N 900 W SALT LAKE CITY UT 84116
JASON S HARDELL 266 N 900 W SALT LAKE CITY UT 84116
258N 900W, A SERIES OF RCJ PROPERTIES, LLC 267 E EAGLE RIDGE DR NORTH SALT LAKE UT 84054
Current Occupant 267 N 800 W Salt Lake City UT 84116
SMITH FAMILY TRUST 10/29/2019 311 PARK VIEW CIR BOUNTIFUL UT 84010
ORSON T PORTER; MARISA L PORTER (JT)371 E RENA AVE MIDVALE UT 84047
795 WASATCH PROPERTIES, LLC 4122 S 500 W MURRAY UT 84123
LLB IRR TR 420 N 1200 W SALT LAKE CITY UT 84116
HOYT PLACE DEVELOPMENT LLC 628 N PUGSLEY ST SALT LAKE CITY UT 84103
TANNER KNIGHT 696 E SPRUCE GLEN RD MURRAY UT 84107
J & S PROPERTY DEVELOPMENT, LLC 7318 S RACQUET CLUB DR COTTONWOOD HTS UT 84121
OLSEN FAMILY TRUST 08/16/2017 805 W 200 N SALT LAKE CITY UT 84116
MATHEW CODY BUNDERSON; TARYN ANNA
BUNDERSON (JT)810 W 200 N SALT LAKE CITY UT 84116
GUILLERMO ENRIQUEZ; MARIA A ENRIQUEZ (TC)815 W 200 N SALT LAKE CITY UT 84116
Current Occupant 819 W 300 N Salt Lake City UT 84116
DURAEL SPIGHT; JESSICA SPIGHT (JT)821 W 300 N SALT LAKE CITY UT 84116
Current Occupant 823 W 200 N Salt Lake City UT 84116
Current Occupant 824 W HOYT PL Salt Lake City UT 84116
Current Occupant 825 W HOYT PL Salt Lake City UT 84116
SHEA M MEARS; MICHAEL ORTHNER (JT)826 W 200 N SALT LAKE CITY UT 84116
BECKY ROBINSON 827 W 200 N SALT LAKE CITY UT 84116
Current Occupant 829 W 300 N Salt Lake City UT 84116
Current Occupant 830 W 200 N Salt Lake City UT 84116
Current Occupant 831 W 300 N Salt Lake City UT 84116
Current Occupant 833 W 300 N Salt Lake City UT 84116
Current Occupant 833 W HOYT PL Salt Lake City UT 84116
Current Occupant 834 W 200 N Salt Lake City UT 84116
Current Occupant 834 W HOYT PL Salt Lake City UT 84116
MCCALL CHRISTENSEN 837 W 300 N SALT LAKE CITY UT 84116
SARA PARKER 840 W 200 N SALT LAKE CITY UT 84116
Current Occupant 841 W 300 N Salt Lake City UT 84116
Current Occupant 842 W HOYT PL Salt Lake City UT 84116
Current Occupant 843 W HOYT PL Salt Lake City UT 84116
ROSA D NEGRETE; PATTY CARDENAS (JT)845 W 300 N SALT LAKE CITY UT 84116
Current Occupant 845 W HOYT PL Salt Lake City UT 84116
PERRY E SPIGHT; MARGARET SPIGHT (JT)846 W 300 N SALT LAKE CITY UT 84116
Current Occupant 849 W 300 N Salt Lake City UT 84116
ALFONSO JR. ULIBARRI 852 W 200 N SALT LAKE CITY UT 84116
ARMANDO MIRANDA; ROSALBA MIRANDA (JT)858 W 200 N SALT LAKE CITY UT 84116
Current Occupant 858 W HOYT PL Salt Lake City UT 84116
AMBER SECKLETSTEWA; ERIC SECKLETSTEWA
(JT)859 W HOYT PL SALT LAKE CITY UT 84116
Current Occupant 860 W HOYT PL Salt Lake City UT 84116
Current Occupant 861 W 300 N Salt Lake City UT 84116
Current Occupant 862 W 200 N Salt Lake City UT 84116
PETER M LASUO 866 W 200 N SALT LAKE CITY UT 84116
Current Occupant 867 W 300 N Salt Lake City UT 84116
MICHAEL WOLF HOFFMAN 872 W 200 N SALT LAKE CITY UT 84116
Current Occupant 878 W 200 N Salt Lake City UT 84116
WALGREEN CO PO BOX 1159 DEERFIELD IL 60015
JO ANN O TWISDALE; TOMMY M TWISDALE (TC)PO BOX 16915 SALT LAKE CITY UT 84116
960 W., LC PO BOX 1773 SALT LAKE CITY UT 84110
TRUMAN MARKETING LLC PO BOX 294 LAYTON UT 84041
Salt Lake City Planning Division Eric Daems PO BOX 145480 SALT LAKE CITY UT 84114
Item C2
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet
Policy Analyst
DATE:September 21, 2021
RE: Text amendment: Fence, Wall and Hedge Height
PLNPCM2020-00511
MOTION 1
I move the Council adopt the ordinance
MOTION 2
I move the Council reject the ordinance
MOTION 3
I move the Council defer action to a future Council Meeting.
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: September 21, 2021
RE: Text amendment: Fence, Wall and
Hedge Height
PLNPCM2020-00511
PROJECT TIMELINE:
Briefing August 17, 2021
Set Date: August 17, 2021
Public Hearing: Sept 7, 2021
Potential Action: Sept 21, 2021
Public Hearing Summary
Three people spoke during the public hearing. One expressed support for the proposed changes
because he thinks it helps protect residential property when it is adjacent to a business.
Two individuals opposed the proposed changes, citing the following reasons: need more public
engagement, construction fencing is not required to be transparent, only allowing four feet in the front
yard is not tall enough to keep large dogs in the yard and residents need options to have fences taller
than six feet so they can have more privacy.
The Council closed the public hearing and deferred action to a future Council meeting.
As noted in last week’s paperwork, this amendment would eliminate the special exception process for
fence/wall/hedge and there is another petition being discussed by the Council that would eliminate
the rest of the special exception section on the zoning ordinance.
The Council asked if this petition should be held back and adopted on the same night as the Special
Exception petition in order to avoid any potential text conflicts. Planning staff noted that may create
some problems for current petitions.
Page | 2
The current ordinance would delete the reference to extra fence height in 21A.52.030.A.3, so there will
not be a text conflict.
The following information was provided for the September 7 public hearing. It is
provided again for background purposes.
Work Session Briefing
The Council did not have significant questions or concerns about the text amendment.
However, this petition is related to the Special Exception process that the Council is currently
considering. At the August 24 public hearing for the special exception petition, the Council asked
Planning staff to research and come back with potential recommendations that would include options
to mitigate the impact of outdoors dining adjacent to residential zones. (Planning staff forwarded
recommendations for the Council to consider. Small group meetings are being set up to discuss the
options. A follow-up work session briefing will then be scheduled.)
During the briefing the Council asked if the fence/wall/hedge petition should be held back and
adopted on the same night as the Special Exception petition in order to avoid any potential text
conflicts. Planning staff noted that may create some problems for current petitions.
In order to avoid that issue; Planning staff recommends deleting the authorized special exception for
extra height in 21A.52 as part of the fence/wall/hedge height application. The current ordinance
includes the change that would delete the reference to extra fence height in 21A.52.030.A.3.
If, after the September 7 public hearing the Council is supportive of moving forward with the petition,
potential action is scheduled for September 21.
The following information was provided for the August 17 work session briefing. It is
provided again for background purposes.
ISSUE AT-A-GLANCE
The Council will receive a briefing about a proposal that would amend the zoning ordinance
regulations to remove the Special Exception process that allows for over-height fences and define
instances where a taller fence may be appropriate and approved by right. If approved, the Planning
Commission or Historic Landmark Commission will be able to modify fence, wall, or hedge height as
part of their approval of a use application in order to mitigate impacts according to the approval
standards for the applicable land use application, such as the conditional use process.
The proposed amendments would limit fence, wall, and hedge height to four feet (4’) in front yards
and six feet (6’) in the side or rear yards for all zoning districts, except for a few specific instances such
as:
When a residential district abuts a nonresidential district
Manufacturing and extractive industries zoning districts
Public facilities and recreation facilities where a greater height is necessary to protect public
safety
Private game courts
Temporary construction fencing
Page | 3
Decorative pillars and arches.
The Planning Commission forwarded a positive recommendation to the City Council.
Policy Questions
• The draft ordinance would allow fences or walls to exceed maximum height regulation for
Public Utility Facilities when the fence or wall is necessary to restrict access and promote
safety of public utility buildings or structures, provided that the portion of the fence or wall
which exceeds a height of 6 feet is at least 80% transparent. In no event, shall the fence or wall
securing a public utility building or structure exceed 12 feet in height.
When the City added a taller fence in the front yard setback of the City owned buildings on the
southeast corner of 600 South and 200 East, the Council received some negative constituent
feedback about it, particularly with regard to the height.
The Council may wish to ask the administration to explain what
circumstances are considered necessary to restrict access and promote safety
of public, and if those standards can be further defined to increase
predictability for the public.
The Council may also wish to ask for more specificity with regard to over-
height fences adjacent to athletic fields.
ADDITIONAL INFORMATION
Ordinance Changes Since Planning Commission Approval:
Following the recommendation of approval by the Planning Commission the Attorney’s Office created
the Ordinance. During their review a few minor details in the proposed amendment were modified
due to legal, grammatical and technical issues that were identified:
• Removed authority of Planning Commission and Historic Landmark Commission
(21A.210.E.4.i) to modify fence height through any land use application. The Attorney’s Office
noted that a Conditional Use process is the only process with direct standards that could be
tied to fence height. Please note that fence height can still be modified through the Planned
Development process.
Clarified when fences tied to private recreational activities may receive additional height
(21A.210.E.4.d).
Made minor edits throughout to text and definitions to provide clarity. Substance and meaning
of the proposal did not change.
Page | 4
Key Issues
Pages 3-5 of the Planning Commission staff reports includes a summary of four key issues identified
by the Planning Staff. A short summary of those is provided below. See the planning commission staff
report to view the full analysis.
•Consistency & Clarity
The over height fence special exception results in an unpredictable development patterns, as
well as unpredictable expectations for applicants. Often, applicants assume that the act of
applying equals approval and are confused when it is denied.
Planning Staff believes it is rare for an over height fence to be approved in the front yard. As
such, if applications are routinely denied or discouraged, then the ordinance should not
provide an exception.
•Staff & City Resources
The Fence Height Text Amendment is being reviewed separately from a larger application to
remove all special exceptions. The Council was briefed on the special exception amendments
on July 20, the public hearing in set for August 17
The purpose of the special exception amendments is to simplify the zoning ordinance by
updating regulations and eliminating special exceptions, reallocate staff resources away from
processing land use applications that favor individual properties and toward updating overall
zoning codes to align with adopted master plans, increase predictability and reduce neighbor
conflicts that are created by requests for exceptions to the zoning regulations for single parcels
(Special Exception Staff report, July 20, 2021)
•Community Character
The purpose of the fence regulations as stated in ordinance section 21A.40.120.A is “to achieve
a balance between the private concerns for privacy and site design and the public concerns for
enhancement of the community appearance, and to ensure the provision of adequate light, air
and public safety.”
Staff has found that allowing greater fence height typically has a negative impact on
neighborhood character.
•Appropriate instances for over height fences
The following were determined to be situations or uses where over height fences are
appropriate and could be allowed by-right:
o Public Facilities, such as municipal structures, schools, or utility buildings
o Recreation Facilities, such as around parks, open space, or similar recreation areas
o Athletic fields or courts, such as driving ranges, baseball fields, athletic fields; or
similar facilities
o Temporary construction fencing
o Decorative pillars attached to fences that meet the height requirements
Page | 5
Following public review of the draft ordinance, the following over height allowances were
added to address concerns raised:
o The Planning Commission and Historic Landmark Commission will retain the ability to
approve taller fences to mitigate a negative impact associated with a land use
application. (This was changed to only apply to Conditional Use
Applications and Planned Developments.)
o Side or rear yard fences in single family zones which are next to nonresidential zones
o Gates, arches or trellises attached to fences that meet the height requirements.
o In the M-2 Heavy Manufacturing and EI Extractive Industries zoning districts fences,
walls, or hedges may be up to a maximum of 6 feet in height up to the front yard
setback line.
o If there is no minimum front yard setback in the underlying zoning district, a fence,
wall, or hedge at a maximum of 6 feet in height can be placed 10 feet from the front
property line.
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
Date Received:
Lisa Shaffer, Chief Administrative Officer Date sent to Council:
TO: Salt Lake City Council DATE:
Amy Fowler, Chair
FROM:Blake Thomas, Director, Departmentof Community& Neighborhoods
SUBJECT: PLNPCM2020-00511
STAFF CONTACT:Krissy Gilmore, AICP, PrincipalPlanner
(385) 214-9714,kristina.gilmore@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION:Thatthe City Councilamend the textof the zoningordinance as
requested and recommended by the Planning Commission.
BUDGET IMPACT:None
BACKGROUND/DISCUSSION:This is a request by the City Council to amend the zoning
ordinance regulations to remove the Special Exception process that allows for over-height fences
(Chapter 21A.52.030) and to define instances where a taller fence may be appropriate and
approved by right (Chapter 21A.40.120). The proposed amendments would limit fence, wall, and
hedge height to fourfeet (4’) in front yards and six feet (6’) in the side or rearyardsfor all zoning
districts, except for a few specificinstances. Thoseinstances include:
When a residentialdistrictabuts a nonresidential district
Manufacturingandextractiveindustries zoningdistricts
Public facilities and recreation facilities where a greater heightis necessary to protect
public safety
Private game courts
Temporary constructionfencing
Decorative pillars and arches
SALT LAKE CITY CORPORATION
451 SOUTHSTATE STREET, ROOM 445 WWW.SLC.GOV
P.O. BOX 145487, SALT LAKE CITY, UTAH84114-5487 TEL 801.535.7712 FAX 801.535.6269
Additionally, the Planning Commission and the Historic Landmark Commission would have the
authority to grant additional fence, wall, or hedge height through the Conditional Use process. The
amendments proposed to Chapter 21A.40 will affect all zoning districts throughout Salt Lake City.
PUBLIC PROCESS:
Community Council Notice: A notice of application was sent to all recognized community
organizations (community councils) on July 22, 2020 per City Code 2.60 with a link to the online
open house webpage. The recognized organizations were given 45 days to respond with any
concerns or to request staff to meet with them and discuss the proposed zoning amendment.
Two community councils (East Bench Community Council and Sugar House Community
Council) submitted formal comments expressing concerns with the proposal. Concerns were
primarily on the lack of ability to consider unique circumstances if the special exception is
removed. No community councils requested that staff attend a meeting to review the proposal.
Public Open House: An online open house was held from July 22, 2020 through July 27, 2020.
Planning Commission Meeting: On January 13, 2021, the Planning Commission held a public
hearing regarding the proposed zoning map amendment. Five citizens provided testimony related
to the request. Two citizens spoke in support of the request, one against the request, and two with
general comments and questions. The Commission requested clarification on fencing materials
and their durability, discussed fence heights when a property is adjacent to multi-family, and
fencing to secure vacant property. Ultimately, the Commission made a recommendation with a
condition that staff allow fencing up to 6-feet in front yards of vacant lots, as well as to add a
maximum fence height of up to 8-feet when fences in residential zoning districts abut non-
residential uses. The Commission voted unanimously to forward a favorable recommendation to
the City Council.
Ordinance Changes Since Planning Commission Approval: Following the recommendation
their review a few minor details in the proposed amendment were modified due to legal,
grammatical and technical issues that were identified:
Removed authority of Planning Commission and Historic Landmark Commission
(21A.210.E.4.i)
Office noted that a Conditional Use process is the only process with direct standards that
could be tied to fence height. Please note that fence height can still be modified through
the Planned Development process.
Clarified when fences tied to private recreational activities may receive additional height
(21A.210.E.4.d).
Made minor edits throughout to text and definitions to provide clarity. Substance and
meaning of the proposal did not change.
EXHIBITS:
1. Ordinance
2. Project Chronology
3. Notice of City Council Hearing
4. Planning Commission
A) Mailing Notice
B) Staff Report
C) Agenda/Minutes/Newspaper Notice
5. Mailing List
TABLE OF CONTENTS
1. Ordinance
2. Project Chronology
3. Notice of City Council Hearing
4. Planning Commission January 13, 2021 Public Hearing
A. Mailing Notice
B. Staff Report
C. Agenda/Minutes/Newspaper Notice
5. Mailing List
1. ORDINANCE
SALT LAKE CITY ORDINANCE
No. _____ of 2021
(An ordinance amending various sections of Title 21A
of the Salt Lake City Code pertaining to fence, wall, and hedge height requirements)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining
to fence, wall, and hedge height requirements pursuant to Petition No. PLNPCM2020-00511.
WHEREAS, the Salt Lake City Planning Commission( the “Planning Commission”) held a
public hearing on January 13, 2021 to consider a request by the Salt Lake City Council (the “City
Council”) to amend the Salt Lake City Code to remove the Special Exception process under Section
21A.52.030 and adjust the City’s height requirements for fences, walls, and hedges; and
WHEREAS, at its January 13, 2021 hearing, the Planning Commission voted in favor of
forwarding a positive recommendation of approval to the City Council to adopt changes to the Salt
Lake City Code pertaining to fence, wall, and hedge height; and
WHEREAS, the Salt Lake City Council desires to alter the requirements for fence, wall,
and hedge height as provided herein; and
WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this
matter, that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Definition of Terms) shall be and hereby is amended to add
a new definition of Primary Façade, which definition shall be inserted into the list of definitions in
alphabetical order and shall read and appear as follows:
PRIMARY FAÇADE: the side of a building that faces a public or private street and
includes the main customer or resident entrance. Buildings located in zoning
districts that include a mix of residential and that have sides of the building that face
multiple streets shall be interpreted to have a principal façade along each side of the
building that faces a street.
SECTION 2. Amending the Text of Salt Lake City Code Subsection 21A.40.120. That
Section 21A.40.120 of the Salt Lake City Code (Regulation of Fences, Walls, and Hedges) shall be
and hereby is amended as follows:
21A.40.120: REGULATION OF FENCES, WALLS AND HEDGES:
A. Purpose: Fences, walls and hedges serve properties by providing privacy and security,
defining private space and enhancing the design of individual sites. Fences also affect the public
by impacting the visual image of the streetscape and the overall character of neighborhoods. The
purpose of these regulations is to achieve a balance between the private concerns for privacy and
site design and the public concerns for enhancement of the community appearance, and to ensure
the provision of adequate light, air and public safety.
B. Location: All fences, walls or hedges shall be erected entirely within the property lines of
the property they are intended to serve.
C. Building Permit Required:
1. A building permit shall be obtained prior to construction of any fence that does not
exceed six feet (6') in height and is not made of concrete or masonry or does not require
structural review under the Uniform Building Code regulations. The permit is to ensure
compliance with adopted regulations.
2. A building permit and fee are required for fences and walls which exceed six feet (6') in
height and all fences or walls of any height that are constructed under the International Building
Code. The permit is to ensure compliance with all Zoning Ordinance standards and requirements
(location, height, types of materials) as well as to ensure the structural integrity of the pilasters
and foundation system which will be verified by plan review and site inspection.
3. The application for a permit must include plans identifying the location and height of the
proposed fence or wall. If the fence or wall is constructed of masonry or concrete of any height
or exceeds six feet (6') in height, construction details showing horizontal and vertical
reinforcement and foundation details shall be shown on the plans.
4. The building permit fee for a fence will be a general permit fee based on construction
costs or valuation of the work as shown in the consolidated fee schedule.
5. Construction of any fence in the following districts shall also comply with the additional
fencing regulations found in the following subsections of this title:
a. FP Foothills Protection District (21A.32.040I),
b. H Historic Preservation Overlay District (21A.34.020E), and
c. Foothill Residential FR-1, FR-2 and FR-3 Districts (21A.24.010P).
D. Design Requirements:
1. Residential districts (chapter 21A.24, "Residential Districts", of this title):
a. Allowed Materials: Fences and walls shall be made of high quality, durable materials
that require low maintenance. Acceptable materials for a fence include chainlink, wood, brick,
masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled materials (hardy
board) or other manufactured material or combination of materials commonly used for fencing.
Other materials of similar quality and durability, but not listed herein, may be used upon
approval by the Zoning Administrator through an administrative interpretation application.
b. Prohibited Materials: Fences and walls shall not be made of or contain:
(1) Scrap materials such as scrap lumber and scrap metal.
(2) Materials not typically used or designated/manufactured for fencing such as metal
roofing panels, corrugated or sheet metal, tarps or plywood.
2. Nonresidential districts (chapters 21A.26 through 21A.34 of this title: commercial
districts, manufacturing districts, downtown districts, gateway districts, special purpose districts
and overlay districts):
a. Allowed Materials: Fences and walls shall be made of high quality, durable materials
that require minimal maintenance. Acceptable materials for fencing in nonresidential districts
include, but are not limited to, chainlink, prewoven chainlink with slats, wood, brick, tilt-up
concrete, masonry block, stone, metal, composite/recycled materials or other manufactured
materials or combination of materials commonly used for fencing. Other materials of similar
quality and durability, but not listed herein, may be used upon approval by the Zoning
Administrator through an administrative interpretation application.
b. Prohibited Materials: Fences or walls in nonresidential districts shall not be constructed
of or contain:
(1) Scrap materials such as scrap lumber and scrap metal.
(2) Materials not typically used or designated/manufactured for fencing such as metal
roofing panels, corrugated or sheet metal, tarps or plywood.
E. Height Restrictions and Gates:
1. Fences, walls, and hedges shall comply with the following regulations based on the
following zoning districts:
a. Residential Zoning Districts:
(1) Except as permitted in subsection 21A.24.010.P and 21A.12.E.4 of this code a fence,
wall or hedge located between the front property line and front building line of the
facade of the principal structure that contains the primary entrance shall not exceed 4
feet in height.
(2) A fence, wall, or hedge located at or behind the primary facade of the principal structure
shall not exceed 6 feet in height.
(3) Where there is no existing principal structure, the height of a fence, wall, or hedge shall
not exceed 4 feet in a front yard area or 6 feet in the rear or side yard areas.
b. Nonresidential Zoning Districts:
(1) A fence, wall, or hedge located between the front property line and the primary facade of
the principal structure shall not exceed 4 feet in height.
(2) A fence, wall or hedge located at or behind the primary façade of the principal structure
shall not exceed 6 feet in height.
(3) Not withstanding Subsection 21A.40.120.1.b.(1), in the M-2 and E1 zoning districts
fences, walls, or hedges may be up to 6 feet in height if located between the front
property line and the front yard setback line.
(4) If there is no minimum front yard setback in the underlying zoning district, a fence, wall,
or hedge of a maximum 6 feet in height may be placed no closer than 10 feet from the
property line.
(5) Outdoor storage, when permitted in the zoning district, shall be located behind the
primary façade of the principal structure and shall be screened with a solid wall or fence
and shall comply with the requirements in Section 5.60.12.
2. Double Frontage Lot: A fence, wall, or hedge located on a property where both the front
and rear yards have frontage on a street may be a maximum of 6 feet in height in a front
yard provided the fence, wall, or hedge:
a. is located in a provided yard that is directly opposite the front yard where the
primary entrance to the principal building is located;
b. is in a location that is consistent with other 6 foot tall fence locations on the block;
c. complies with Sight Distance Triangle requirements of this Title; and
d. complies will all other fence, wall, and hedge requirements of this Title.
e. Not exceed 6 feet in height in a front yard.
3. Vacant Lots. Fencing to secure vacant or undeveloped lots may be up to 6 feet in height,
provided the fence is not closer than 5 feet to a public sidewalk and is no less than 80%
transparent. Once the property is developed, the fence will be required to comply with the
height restrictions of this Title.
4. Additional Fence Height Allowed. Notwithstanding any other Section of this Chapter, the
following regulations apply:
a. Adjacent to Nonresidential Zoning Districts. Fences, walls, or hedges in the FR,
SR, and R-1 zoning districts shall not exceed 6 feet in height in the side or rear
yard except where they abut a Commercial, Downtown, Manufacturing, or Special
Purpose Zoning District. The maximum height shall be 8 feet. This exception
does not apply to fences, walls, or hedges in the corner side yard or front yard, and
only applies where the lot abuts the nonresidential district.
b. Public Utility Facilities. Fences or walls may exceed the maximum height
regulations when the fence or wall is necessary to restrict access and promote
safety of public utility buildings or structures, provided that the portion of the
fence or wall which exceeds a height of 6 feet is at least 80% transparent. In no
event, shall the fence or wall securing a public utility building or structure exceed
12 feet in height.
c. Recreation Facilities. For fences or walls constructed around parks, open space, or
other outdoor recreation areas, the maximum height fence shall be up to 10 feet in
height and may be located in any required yard, provided that the fence or wall is
no less than 80% transparent above a height of 6 feet. Fences or walls for which a
greater height is necessary to protect public safety, such as, driving ranges,
baseball fields, athletic fields; or similar facilities may be allowed within the
subject property to a height necessary to contain the recreation equipment.
d. Private Game Courts, Swimming Pools, and Other Similar Recreation Equipment.
Fences or walls constructed around private game courts, swimming pools, or other
similar recreation equipment expressly permitted in Section 21A.36.020.B, may be
up to 10 feet in height provided that the fence or wall is no less than 80 percent
transparent above a height of 6 feet.
e. Construction Fencing. Temporary fencing to secure construction sites during the
planning, demolition, or construction process is permitted to a maximum of 10
feet in height in any required yard.
f. Pillars. Pillars shall be allowed to extend up to 18 inches above the allowable
height of a fence or wall; provided, that the pillars shall have a maximum diameter
or width of no more than 18 inches; and provided, that the pillars shall have a
minimum spacing of no less than 6 feet apart, measured face to face.
g. Gates and Arches. The height of gates shall conform to the applicable maximum
fence height where the gate is located except that decorative elements on gates
such as scrolls, finials, and similar features may extend up to one foot above the
maximum fence height. In addition, arches or trellises up to 12 feet in height and 5
feet in width may be constructed over a gate if integrated into the fence/gate
design. A maximum of two such arches shall be permitted per property.
h. Barbed or Razor Wire Fences. Where permitted, barbed wire and razor wire
fences may be up to 12 feet in height.
i. Conditional Uses. A fence, wall, or hedge may exceed the allowable height
requirements of this Chapter where additional fence height is imposed as a
reasonable condition to mitigate the anticipated detrimental effects of a
conditional use. Where such additional height is imposed as a reasonable
condition, such height shall not exceed the minimum height necessary to mitigate
the anticipated detrimental effects of the conditional use.
5. Vision Clearance and Safety. Notwithstanding any other provision of this Code, a fence,
wall, or hedge shall comply with the Sight Distance Triangle Requirements of this
Section.
a. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be
erected to a height in excess of 3 feet if the fence, wall or hedge is located within
the sight distance triangle extending 30 feet either side of the intersection of the
respective street curb lines, or edge lines of roadway where curbing is not
provided as noted in section 21A.62.050, illustration I of this title.
b. Corner Side, Side, Rear Yards; Sight Distance Triangle: Fences, walls or hedges
may be erected in any required corner side yard (extending to a point in line with
the front facade of the principal structure for residential zoning districts and up to
any required front yard setback line for all other zoning districts), required side
yard or required rear yard to a height not to exceed 6 feet. The zoning
administrator may require either increased fence setback or lower fence height
along corner side yards to provide adequate line of sight for driveways and alleys.
c. Intersection of Driveway; Sight Distance Triangle: Solid fences, walls and hedges
shall not exceed 30 inches in height within the sight distance triangle as defined in
section 21A.62.050, illustration I of this title.
d. Sight Distance Triangle And See Through Fences: Within the area defined as a
sight distance triangle, see through fences that are at least 50% open shall be
allowed to a height of 4 feet.
e. Alternative Design Solutions. To provide adequate line of sight for driveways and
alleys, the zoning administrator, in consulting with the development review team,
may require alternative design solutions, including, but not restricted to, requiring
increased fence setback and/or lower fence height, to mitigate safety concerns
created by the location of buildings, grade change or other preexisting conditions.
6. Height Measurement. The height of a fence, wall, or hedge shall be measured from the
finished grade of the site as defined in section 21A.62.040 of this title. In instances of an
abrupt grade change at the property line, the height for fences that are located on top of a
retaining wall shall be measured from the top of the retaining wall.
7. Gates:. No gate, whether crossing a driveway, walkway, or part of a fence, shall be
erected to a height in excess of the standards outlined in this subsection E. To regulate the
location of gates and their impact on vehicular staging within the public right of way,
passenger vehicles shall require a minimum 17 foot 6 inch setback from back edge of
sidewalk, or property line when a sidewalk is not provided, and large truck driveways
shall require a 100 foot setback from back edge of sidewalk, or property line when a
sidewalk is not provided. All gates are to swing inward to the property or be a roll gate
that does not impact the staging area.
F. General Requirements:
1. Except when constructed of materials that have been designed or manufactured to remain
untreated, all fences or walls shall periodically be treated with paint or chemicals so as to retard
deterioration.
2. Fences or walls shall be constructed with good workmanship and shall be secured to the
ground or supporting area in a substantial manner and engineered so that the structure of
columns or posts and the material used for the intervening panels are adequately constructed to
support the materials and withstand wind loads.
3. All fences or walls (including entrance and exit gates) shall be maintained in good repair,
free of graffiti, structurally sound, so as to not pose a threat to public health, safety, and welfare.
G. Barbed Wire Fences:
1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the AG, AG-2, AG-
5, AG-20, A, CG, M-1, M-2 and D-2 districts.
2. Special Exception: Barbed wire fencing may be approved for nonresidential uses as a
special exception pursuant to chapter 21A.52 of this title, in all zoning districts except for those
listed above as permitted uses. The planning commission may approve as special exceptions, the
placement of barbed wire fences, for security reasons, or for the keeping out of animals around
nonresidential properties, transformer stations, microwave stations, construction sites or other
similar publicly necessary or dangerous sites, provided the requested fence is not in any
residential district and is not on or near the property line of a lot which is occupied as a place of
residence.
3. Location Requirements: Barbed wire fencing shall not be allowed in required front yard
setbacks nor along frontages on streets defined as gateway streets in Salt Lake City's adopted
urban design element master plan.
4. Special Design Regulations: No strand of barbed wire shall be permitted less than six feet
(6') high. No more than three (3) strands of barbed wire are permitted. The barbed wire strands
shall not slant outward from the fence more than sixty degrees (60°) from a vertical line. No
barbed wire strand shall project over public property. If the barbed wire proposed slants outward
over adjoining private property the applicant must submit written consent from adjoining
property owner agreeing to such a projection over the property line.
5. Special Exception Approval Standards: The planning commission may approve, as a
special exception, the building permit for a barbed wire fence if it is found that the applicant has
shown that the fence is reasonably necessary for security in that it protects people from
dangerous sites and conditions such as transformer stations, microwave stations or construction
sites.
H. Razor Wire Fences:
1. Special Exception: Razor wire fencing may be approved for nonresidential uses as a
special exception pursuant to chapter 21A.52 of this title, in the A, CG, D-2, M-1 and M-2
zoning districts. The planning commission may approve as a special exception the placement of
razor wire fences, for security reasons, around commercial or industrial uses, transformer
stations, microwave stations, or other similar public necessity or dangerous sites; provided, that
the requested fence is not on the property line of a lot which is occupied as a place of residence.
2. Location Requirements: Razor wire fencing shall not be allowed in required front or
corner side yard setback.
3. Special Design Regulations: No strand of razor wire shall be permitted on a fence that is
less than seven feet (7') high. Razor wire coils shall not exceed eighteen inches (18") in diameter
and must slant inward from the fence to which the razor wire is being attached.
4. Special Exception Approval Standards: The planning commission may approve razor
wire fencing if the commission finds that the applicant has shown that razor wire is necessary for
the security of the property in question.
I. Exemption: The A airport district is exempt from all zoning ordinance fence regulations.
The department of airports has administrative authority to regulate and approve fencing within
the A airport district. All fencing that the department of airports requires of its clients within the
A district is subject to review and approval by the airport.
J. Electric Security Fences:
1. Permitted Use: Electric security fences are allowed as a permitted use in the M-1 and M-
2 zones. Electric security fences on parcels or lots that abut a residential zone are prohibited.
2. Special Exception: Electric security fences on parcels or lots adjacent to a commercial
zone may be approved as a special exception pursuant to the requirements in chapter 21A.52 of
this title.
3. Location Requirements: Electric security fences shall not be allowed in required front
yard setbacks or on frontages adjacent to residentially zoned properties.
4. Compliance With Adopted Building Codes: Electric security fences shall be constructed
or installed in conformance with all applicable construction codes.
5. Perimeter Fence Or Wall: No electric security fence shall be installed or used unless it is
fully enclosed by a nonelectrical fence or wall that is not less than six feet (6') in height. There
shall be at least one foot (1') of spacing between the electric security fence and the perimeter
fence or wall.
6. Staging Area: All entries to a site shall have a buffer area that allows on site staging prior
to passing the perimeter barrier. The site shall be large enough to accommodate a vehicle
completely outside of the public right of way.
7. Height: Electric security fences shall have a maximum height of ten feet (10').
8. Warning Signs: Electric security fences shall be clearly identified with warning signs that
read: "Warning-Electric Fence" at intervals of not greater than sixty feet (60'). Signs shall
comply with requirements in chapter 21A.46, "Signs", of this title.
9. Security Box: Electric security fences shall have a small, wall mounted safe or box that holds
building keys for police, firefighters and EMTs to retrieve in emergencies
SECTION 3. Amending the Text of Salt Lake City Code Subsections 21A.52.030.A. That
Subsection 21A.52.030.A shall be and is hereby amended as follows:
21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED:
A. In addition to any other special exceptions authorized elsewhere in this title, the following
special exceptions are authorized under the provisions of this title:
1. Accessory building height, including wall height, in excess of the permitted height
provided:
a. The extra height is for architectural purposes only, such as a steep roof to match
existing primary structure or neighborhood character.
b. The extra height is to be used for storage of household goods or truss webbing and not
to create a second level.
c. No windows are located in the roof or on the second level unless it is a design feature
only.
d. No commercial use is made of the structure or residential use unless it complies with
the accessory dwelling unit regulations in this title.
2. Accessory structures in the front yard of double frontage lots, which do not have any rear
yard provided:
a. The required sight visibility triangle shall be maintained at all times.
b. The structure meets all other size and height limits governed by the zoning ordinance.
3. Additional building height in commercial districts are subject to the standards in chapter
21A.26 of this title.
4. Additional foothills building height, including wall height, shall comply with the
standards in chapter 21A.24 of this title.
5. Additional residential building height, including wall height, in the R-1 districts, R-2
districts and SR districts shall comply with the standards in chapter 21A.24 of this title.
6. Any alternative to off street parking not listed in chapter 21A.44 of this title intended to
meet the number of required off street parking spaces.
7. Barbed wire fences may be approved subject to the regulations of chapter 21A.40 of this
title.
8. Conditional home occupations subject to the regulations and conditions of chapter
21A.36 of this title.
9. Dividing existing lots containing two (2) or more separate residential structures into
separate lots that would not meet lot size, frontage width or setbacks provided:
a. The residential structures for the proposed lot split already exist and were constructed
legally.
b. The planning director agrees and is willing to approve a subdivision application.
c. Required parking equal to the parking requirement that existed at the time that each
dwelling unit was constructed.
10. Use of the front yard for required parking when the rear or side yards cannot be
accessed and it is not feasible to build an attached garage that conforms to yard area and setback
requirements, subject to the standards found in chapter 21A.44 of this title.
11. Grade changes and retaining walls are subject to the regulations and standards of
chapter 21A.36 of this title.
12. Ground mounted central air conditioning compressors or systems, heating, ventilating,
pool and filtering equipment located in required side and rear yards within four feet (4') of the
property line. The mechanical equipment shall comply with applicable Salt Lake County health
department noise standards.
13. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming pool,
or other similar uses in an accessory structure, subject to the following conditions:
a. The height of the accessory structure shall not exceed the height limit established by the
underlying zoning district unless a special exception allowing additional height is allowed.
b. If an accessory building is located within ten feet (10') of a property line, no windows
shall be allowed in the walls adjacent to the property lines.
c. If the accessory building is detached, it must be located in the rear yard.
d. The total covered area for an accessory building shall not exceed fifty percent (50%) of
the building footprint of the principal structure, subject to all accessory building size limitations.
14. In line additions to existing residential or commercial buildings, which are
noncomplying as to yard area or height regulations provided:
a. The addition follows the existing building line and does not create any new
noncompliance.
b. No additional dwelling units are added to the structure.
c. The addition is a legitimate architectural addition with rooflines and exterior materials
designed to be compatible with the original structure.
15. Operation of registered home daycare or registered home preschool facility in residential
districts subject to the standards of chapter 21A.36 of this title.
16. Outdoor dining in required front, rear and side yards subject to the regulations and
standards of chapter 21A.40 of this title.
17. Razor wire fencing may be approved subject to the regulations and standards in chapter
21A.40 of this title.
18. Replacement or reconstruction of any existing noncomplying segment of a residential or
commercial structure or full replacement of a noncomplying accessory structure provided:
a. The owner documents that the new construction does not encroach farther into any
required rear yard than the structure being replaced.
b. The addition or replacement is compatible in design, size and architectural style with
the remaining or previous structure.
19. Underground building encroachments into the front, side, rear and corner side yard
setbacks provided the addition is totally underground and there is no visual evidence that such an
encroachment exists.
20. Window mounted refrigerated air conditioner and evaporative swamp coolers located in
required front, corner, side and rear yards within two feet (2') of a property line shall comply
with applicable Salt Lake County health department noise standards.
21. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI
districts, subject to the standards in chapter 21A.44 of this title.
22. Ground mounted utility boxes may be approved subject to the regulations and standards
of section 21A.40.160 of this title.
23. Legalization of excess dwelling units may be granted subject to the following
requirements and standards:
a. Purpose: The purpose of this subsection is to implement the existing Salt Lake City
community housing plan. This plan emphasizes maintaining existing housing stock in a safe
manner that contributes to the vitality and sustainability of neighborhoods within the city. This
subsection provides a process that gives owners of property with one or more excess dwelling
units not recognized by the city an opportunity to legalize such units based on the standards set
forth in this subsection.
b. Review Standards: A dwelling unit that is proposed to be legalized pursuant to this
subsection shall comply with the following standards.
(1) The dwelling unit existed prior to April 12, 1995. In order to determine whether a
dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide
documentation thereof which may include any of the following:
(A) Copies of lease or rental agreements, lease or rent payments, or other similar
documentation showing a transaction between the unit owner and tenants;
(B) Evidence indicating that prior to April 12, 1995, the city issued a building permit,
business license, zoning certificate, or other permit relating to the dwelling unit in question;
(C) Utility records indicating existence of a dwelling unit;
(D) Historic surveys recognized by the Planning Director as being performed by a
trained professional in historic preservation;
(E) Notarized affidavits from a previous owner, tenant, or neighbor;
(F) Polk, Cole, or phone directories that indicate existence of the dwelling unit (but
not necessarily that the unit was occupied); and
(G) Any other documentation that the owner is willing to place into a public record
which indicates the existence of the excess unit prior to April 12, 1995.
(2) The excess unit has been maintained as a separate dwelling unit since April 12,
1995. In order to determine if a unit has been maintained as a separate dwelling unit, the
following may be considered:
(A) Evidence listed in subsection A24b(1) of this section indicates that the unit has
been occupied at least once every five (5) calendar years;
(B) Evidence that the unit was marketed for occupancy if the unit was unoccupied for
more than five (5) consecutive years;
(C) If evidence of maintaining a separate dwelling unit as required by subsections
A24b(2)(A) and A24b(2)(B) of this section cannot be established, documentation of construction
upgrades may be provided in lieu thereof.
(D) Any documentation that the owner is willing to place into a public record which
provides evidence that the unit was referenced as a separate dwelling unit at least once every five
(5) years.
(3) The property where the dwelling unit is located:
(A) Can accommodate on site parking as required by this title, or
(B) Is located within a one-fourth (1/4) mile radius of a fixed rail transit stop or bus
stop in service at the time of legalization.
(4) Any active zoning violations occurring on the property must be resolved except for
those related to excess units.
c. Conditions Of Approval: Any approved unit legalization shall be subject to the
following conditions:
(1) The unit owner shall apply for a business license, when required, within fourteen
(14) days of special exception approval.
(2) The unit owner shall allow the City's building official or designee to inspect the
dwelling unit to determine whether the unit substantially complies with basic life safety
requirements as provided in title 18, chapter 18.50, "Existing Residential Housing", of this Code.
Such inspection shall occur within ninety (90) days of special exception approval or as mutually
agreed by the unit owner and the City.
(3) All required corrections indicated during the inspection process must be completed
within one year unless granted an extension by the Zoning Administrator.
d. Application: In addition to the application requirements in this chapter, an applicant
shall submit documentation showing compliance with the standards set forth in subsection A24b
of this section.
24. Designation, modification, relocation, or reinstatement of a vintage sign as per chapter
21A.46 of this title.
25. Additional height for sports related light poles such as light poles for ballparks, stadiums, soccer
fields, golf driving ranges and sport fields or where sports lights are located closer than thirty feet (30')
from adjacent residential structures.
SECTION 4. Effective Date. This Ordinance take effect immediately after it has been published
in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2021.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021.
Published: ______________.
Ordinance amendingfence, wall,and hedge height requirements
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
May 26, 2021
2. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2020-00511
July 7, 2020 Petition was assigned to Krissy Gilmore, Principal Planner, for
staff analysis and processing.
July 22, 2020 Email sent to all Recognized Community Organizations informing
them of the petition.
July 22, 2020 Online Open House for project began.
August 27, 2020 Online Open House concluded.
December 29, 2020 Planning Commission hearing notices posted on City and State
websites and Planning Division listserv. Newspaper notice was
also requested to be printed.
January 13, 2021 Planning Commission reviewed the petition and held a public
hearing. The commission voted unanimously to send a positive
recommendation to the City Council.
February 1, 2021 Ordinance review requeste
3. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2020-00511 Fence Height
Zoning Text Amendment - A request by the City Council to amend the zoning ordinance
regulations to remove the Special Exception process that allows for over-height fences (Chapter
21A.52.030) and to define instances where a taller fence may be appropriate and approved by right
(Chapter 21A.40.120). The proposed amendments would limit fence, wall, and hedge height to
for a few specific instances. Those instances include when a residential district abuts a
nonresidential district, manufacturing and extractive industries zoning districts, public facilities
and recreation facilities where a greater height is necessary to protect public safety, private game
courts, and construction fencing. Additionally, the Planning Commission and the Historic
Landmark Commission would have the authority to grant additional fence, wall, or hedge height
as part of a land use application. The amendments proposed to Chapter 21A.40 will affect all
zoning districts throughout Salt Lake City.
As part of their study, the City Council is holding two advertised public hearings to receive
comments regarding the petition. During these hearings, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may consider
adopting the ordinance on the same night of the second public hearing. The hearing will be held
electronically:
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
PLACE: **This meeting will not have a physical location.
**This will be an electronic meeting pursuant to the Salt Lake City Emergency
Proclamation. If you are interested in participating in the Public Hearing, please visit our
website at https://www.slc.gov/council/ to learn how you can share your comments during
the meeting. Comments may also be provided by calling the 24-Hour comment line at
(801)535-7654 or sending an email to council.comments@slcgov.com. All comments received
through any source are shared with the Council and added to the public record.
If you have any questions relating to this proposal, please call Krissy Gilmore at 385-214-9714
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at
kristina.gilmore@slcgov.com. You may review the file online at
https://citizenportal.slcgov.com/citizen, by selecting the Planning tab, and entering the petition
numbers PLNPCM2020-00511.
People with disabilities may make requests for reasonable accommodation no later than 48 hours
in advance in order to participate in this hearing. Please make requests at least two business days
in advance. To make a request, please contact the City Council Office at
council.comments@slcgov.com , 801-535-7600, or relay service 711.
4. PLANNING COMMISSION
A. Mailing Notice
December 29, 2020
4. PLANNING COMMISSION
B. Staff Report
January 13, 2021
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801.535.7757 FAX 801.535.6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
A.
B.
C.
D.
PLNPCM2020-00511 Fence Height Text Amendment
E.
21A.62: Fence: A structure erected to provide privacy or security which defines a private space and
may enhance the design of individual sites. A wall or similar barrier shall be deemed a fence.
The Salt Lake City Zoning Ordinance does not specifically define wall or hedge. Any word not defined in
21A.
Collegiate Dictionary includes the following definitions:
Wall: (a) a high thick masonry structure forming a long rampart or an enclosure chiefly for
defense often used in plural; (b) a masonry fence around a garden, park, or estate; (c) a
structure that serves to hold back pressure (as of water or sliding earth)
Hedge: a fence or boundary formed by a dense row of shrubs or low trees
Removes the Special Exception process to
request additional fence height.
Defines instances where additional fence
height could be appropriate.
Generally,
front yard.
Developments could still request excess
fence height through land use applications
that already require review by the Planning
Commission and Historic Landmark
Commission.
PLNPCM2020-00511 Fence Height Text Amendment
1.
2.
3.
4.
PLNPCM2020-00511 Fence Height Text Amendment
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PLNPCM2020-00511 Fence Height Text Amendment
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PLNPCM2020-00511 Fence Height Text Amendment
Fence Height Chapter Proposed Text - Clean Version
1
1
MODIFICATIONS TO FENCE HEIGHT REGULATIONS 2
3
21A.40.120.E: REGULATION OF FENCES, WALLS AND HEDGES: 4
5
E. Height Restrictions And Gates: 6
Fences, walls, and hedges shall comply with the following unless otherwise permitted by this 7
Title: 8
1. Residential Zoning Districts: 9
a. Except for the special foothills regulations as outlined in subsection 21A.24.010P, 10
and subsection 21A.120.E.3 of this title, no fence, wall or hedge shall be erected 11
to a height in excess of 4 feet between the front property line and the primary 12
façade of the principal structure that contains the primary entrance. 13
14
b. Fences, walls or hedges located at or behind the primary façade of the principal 15
structure shall not exceed 6 feet. The zoning administrator may require either 16
increased fence setback or lower fence height along corner side yards to provide 17
adequate line of sight for driveways and alleys. 18
19
c. When there is no existing principal structure, fence, wall, or hedge height shall 20
not exceed 4 feet in a front yard area or when adjacent to a public street or 6 feet 21
in the rear or interior side yard areas. 22
23
24
* Primary Façade is the side of a building that faces a public street and includes the main 25
customer or resident entrance. 26
2. Nonresidential Zoning Districts: 27
a. The maximum height for fences, walls, or hedges when between the front 28
property line and primary façade of the principal structure shall be 4 feet and 29
when located at or behind the primary façade of the principal structure shall be 6 30
Fence Height Chapter Proposed Text - Clean Version
2
feet. In the M-2 and EI zoning districts fences, walls, or hedges may be up to a 31
maximum of 6 feet in height up to the front yard setback line. If there is no 32
minimum front yard setback in the underlying zoning district, a fence, wall, or 33
hedge at a maximum of 6 feet in height can be placed 10 feet from the front 34
property line. 35
36
37
38
b. Outdoor storage, when allowed in the Zoning District, shall be located behind the 39
primary façade of the principal structure and shall be screened with a solid wall or 40
fence. 41
42
c. Double Frontage Lots. A fence, wall, or hedge located on a property where both 43
the front and rear yards have frontage on a street may be a maximum of six feet in 44
height in a front yard provided the fence, wall, or hedge: 45
a. Is located in a provided yard that is directly opposite the front yard 46
where the primary entrance to the principal building is located; 47
b. Is in a location that is consistent with other six foot tall fence locations 48
on the block; 49
c. Complies with any clear view triangle requirements of this Title; and 50
d. Complies with all other fence, wall, and hedge requirements of this 51
Title. 52
Fence Height Chapter Proposed Text - Clean Version
3
53
3. Allowances for additional height for fences, walls, or hedges unless otherwise permitted 54
by this Title: 55
a. Adjacent to Nonresidential Zoning Districts. Fences, walls, or hedges in the FR, 56
SR, and R-1 zoning districts shall not exceed 6 feet in height in the side or rear yard 57
except where they abut a Commercial, Downtown, Manufacturing, or Special Purpose 58
Zoning District. This exception does not apply to fences, walls, or hedges in the corner 59
side yard or front yard, and only applies where the lot abuts the nonresidential district. 60
b. Public Facilities. Fences or walls for which a greater height is necessary 61
because of an association with uses that require high fences to protect public safety or 62
fences that are required by federal or state law, such as, but not limited to, institutional 63
uses, utility buildings or structures for municipal service uses, public schools, or similar 64
facilities may be allowed up to a maximum height of 12 feet provided the fence or wall is 65
no less than 80% transparent above a height of six feet. 66
67
c. Recreation Facilities. For fences or walls constructed around parks, open space, 68
or other outdoor recreation areas, the maximum height fence shall be up to 10 feet in 69
height and may be located in any required yard, provided that the fence or wall is no less 70
than 80 percent transparent above a height of six feet. Fences or walls for which a greater 71
height is necessary to protect public safety, such as, driving ranges, baseball fields, 72
Fence Height Chapter Proposed Text - Clean Version
4
athletic fields; or similar facilities may be allowed within the subject property to a height 73
necessary to contain the recreation equipment. 74
d. Private Game Courts, Swimming Pools, and Other Similar Recreation 75
Equipment. For fences or walls constructed around private game courts, swimming pools, 76
or other similar recreation equipment, the maximum height shall be up to 10 feet 77
provided that the fence or wall is no less than 80 percent transparent above a height of six 78
feet. 79
80
e. Construction Fencing. Temporary fencing to secure construction sites during 81
the planning, demolition, or construction process is permitted to a maximum of 10 feet in 82
height in any required yard provided the fence complies with site distance triangle 83
requirements of this Title. 84
f. Pillars. Pillars shall be allowed to extend up to 18 inches above the allowable 85
height of a fence or wall; provided, that the pillars shall have a maximum diameter or 86
width of no more than 18 inches; and provided, that the pillars shall have a minimum 87
spacing of no less than 6 feet, measured face to face. 88
g. Gates and Arches. The height of gates shall conform to the applicable 89
maximum fence height where the gate is located except that decorative elements on gates 90
such as scrolls, finials, and similar features may extend up to one foot above the 91
maximum fence height. In addition, arches or trellises up to 12 feet in height and five feet 92
in width may be constructed over a gate if integrated into the fence/gate design. A 93
maximum of two such arches shall be permitted per parcel. 94
Fence Height Chapter Proposed Text - Clean Version
5
95
96
g. Barbed or Razer Wire Fences: Where permitted, barbed wire and razor wire 97
fences may be up to 12 feet in height. 98
h. Commission Authority. The Planning Commission or Historic Landmark 99
Commission can modify fence, wall, or hedge height as part of their approval of a land 100
use application in order to mitigate impacts according to the approval standards for the 101
applicable land use application. 102
4. Vision Clearance and Safety: 103
a. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be 104
erected to a height in excess of three feet if the fence, wall or hedge is located within the 105
sight distance triangle extending thirty feet either side of the intersection of the respective 106
street curb lines, or edge lines of roadway where curbing is not provided as noted in 107
section 21A.62.050, illustration I of this title. Intersection Of Driveway; Sight Distance 108
Triangle: Solid fences, walls and hedges shall not exceed thirty inches in height within 109
the sight distance triangle as defined in section 21A.62.050, illustration I of this title. 110
c. Sight Distance Triangle And See Through Fences: Within the area defined as a 111
sight distance triangle, see through fences that are at least 50 percent open shall be 112
allowed to a height of four feet. 113
d. Alternative Design Solutions: To provide adequate line of sight for driveways 114
and alleys, the zoning administrator, in consulting with the development review team, 115
may require alternative design solutions, including, but not restricted to, requiring 116
increased fence setback and/or lower fence height, to mitigate safety concerns created by 117
the location of buildings, grade change or other preexisting conditions. 118
5. Height Measurement: The height of a fence, wall, or hedge shall be measured from the 119
"finished grade" of the site as defined in section 21A.62.040 of this title. In instances of an 120
abrupt grade change at the property line, the height for fences that are located on top of a retaining 121
wall shall be measured from the top of the retaining wall. 122
123
Fence Height Chapter Proposed Text - Clean Version
6
124
6. Gates: No gate, whether crossing a driveway, walkway, or part of a fence, shall be 125
erected to a height in excess of the standards outlined in this subsection E. To regulate the 126
location of gates and their impact on vehicular staging within the public right of way, passenger 127
vehicles shall require a minimum seventeen foot six inch setback from back edge of sidewalk, or 128
property line when a sidewalk is not provided, and large truck driveways shall require a one 129
hundred foot setback from back edge of sidewalk, or property line when a sidewalk is not 130
provided. All gates are to swing inward to the property or be a roll gate that does not impact the 131
staging area. 132
F. General Requirements: 133
1. Except when constructed of materials that have been designed or manufactured to remain 134
untreated, all fences or walls shall periodically be treated with paint or chemicals so as to retard 135
deterioration. 136
2. Fences or walls shall be constructed with good workmanship and shall be secured to the 137
ground or supporting area in a substantial manner and engineered so that the structure of 138
columns or posts and the material used for the intervening panels are adequately constructed to 139
support the materials and withstand wind loads. 140
3. All fences or walls (including entrance and exit gates) shall be maintained in good repair, 141
free of graffiti, structurally sound, so as to not pose a threat to public health, safety, and welfare. 142
21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED: 143
(removed Special Exception authorization for over-height fences, walls, or hedges) 144
Fence Height Chapter Proposed Text - Redlined Version
1
1
MODIFICATIONS TO FENCE HEIGHT REGULATIONS 2
3
21A.40.120.E: REGULATION OF FENCES, WALLS AND HEDGES: 4
5
E. Height Restrictions And Gates: 6
Fences, walls, and hedges shall comply with the following unless otherwise permitted by this 7
Title: 8
9
1. General Height: 10
1. a. Residential zoning districts: Zoning Districts: 11
a. Except for the special foothills regulations as outlined in subsection 21A.24.010P, 12
and subsection 21A.120.E.3 of this title, no fence, wall or hedge shall be erected 13
to a height in excess of four4 feet (4') between the front property line and front 14
building line of the primary façade of the principal structure that contains the 15
primary entrance. 16
17
b. Fences, walls or hedges located at or behind the primary façade of the principal 18
structure shall not exceed 6 feet. The zoning administrator may require either 19
increased fence setback or lower fence height along corner side yards to provide 20
adequate line of sight for driveways and alleys. 21
b. 22
c. When there is no existing principal structure, fence, wall, or hedge height shall 23
not exceed 4 feet in a front yard area or when adjacent to a public street or 6 feet 24
in the rear or interior side yard areas. 25
26
27
* Primary Façade is the side of a building that faces a public street and includes the main 28
customer or resident entrance. 29
Fence Height Chapter Proposed Text - Redlined Version
2
2. Nonresidential Zoning Districts: 30
a. No fence, wall or hedge shall be erected to a height in excess of four feet (4') 31
when within any required front yard area. Fencing for outdoor storage shall be 32
located behind any required front yard area. The maximum height for fences, 33
walls, or hedges when between the front property line and primary façade of the 34
principal structure shall be 4 feet and when located at or behind the primary 35
façade of the principal structure shall be 6 feet. In the M-2 and EI zoning districts 36
fences, walls, or hedges may be up to a maximum of 6 feet in height up to the 37
front yard setback line. If there is no minimum front yard setback in the 38
underlying zoning district, a fence, wall, or hedge at a maximum of 6 feet in 39
height can be placed 10 feet from the front property line. 40
41
42
43
b. Outdoor storage, when allowed in the Zoning District, shall be located behind the 44
primary façade of the principal structure and shall be screened with a solid wall or 45
fence. 46
47
c. Double Frontage Lots. A fence, wall, or hedge located on a property where both 48
the front and rear yards have frontage on a street may be a maximum of six feet in 49
height in a front yard provided the fence, wall, or hedge: 50
a. Is located in a provided yard that is directly opposite the front yard 51
where the primary entrance to the principal building is located; 52
b. Is in a location that is consistent with other six foot tall fence locations 53
on the block; 54
c. Complies with any clear view triangle requirements of this Title; and 55
d. Complies with all other fence, wall, and hedge requirements of this 56
Title. 57
Fence Height Chapter Proposed Text - Redlined Version
3
58
3. Allowances for additional height for fences, walls, or hedges unless otherwise permitted 59
by this Title: 60
a. Adjacent to Nonresidential Zoning Districts. Fences, walls, or hedges in the FR, 61
SR, and R-1 zoning districts shall not exceed 6 feet in height in the side or rear yard 62
except where they abut a Commercial, Downtown, Manufacturing, or Special Purpose 63
Zoning District. This exception does not apply to fences, walls, or hedges in the corner 64
side yard or front yard, and only applies where the lot abuts the nonresidential district. 65
zoning districtsb. Public Facilities. Fences or walls for which a greater height is 66
necessary because of an association with uses that require high fences to protect public 67
safety or fences that are required by federal or state law, such as, but not limited to, 68
institutional uses, utility buildings or structures for municipal service uses, public 69
schools, or similar facilities may be allowed up to a maximum height of 12 feet provided 70
the fence or wall is no less than 80% transparent above a height of six feet. 71
72
c. Recreation Facilities. For fences or walls constructed around parks, open space, 73
or other outdoor recreation areas, the maximum height fence shall be up to 10 feet in 74
height and may be located in any required yard, provided that the fence or wall is no less 75
than 80 percent transparent above a height of six feet. Fences or walls for which a greater 76
height is necessary to protect public safety, such as, driving ranges, baseball fields, 77
Fence Height Chapter Proposed Text - Redlined Version
4
athletic fields; or similar facilities may be allowed within the subject property to a height 78
necessary to contain the recreation equipment. 79
d. Private Game Courts, Swimming Pools, and Other Similar Recreation 80
Equipment. For fences or walls constructed around private game courts, swimming pools, 81
or other similar recreation equipment, the maximum height shall be up to 10 feet 82
provided that the fence or wall is no less than 80 percent transparent above a height of six 83
feet. 84
85
e. Construction Fencing. Temporary fencing to secure construction sites during 86
the planning, demolition, or construction process is permitted to a maximum of 10 feet in 87
height in any required front yard areayard provided the fence complies with site distance 88
triangle requirements of this Title. 89
f. Pillars. Pillars shall be allowed to extend up to 18 eighteen inches (18") above 90
the allowable height of a fence or wall; provided, that the pillars shall have a maximum 91
diameter or width of no more than 18eighteen inches (18"); and provided, that the pillars 92
shall have a minimum spacing of no less than 6six feet (6'), measured face to face. 93
2. g. Gates and Arches. The height of gates shall conform to the applicable 94
maximum fence height where the gate is located except that decorative elements on gates 95
such as scrolls, finials, and similar features may extend up to one foot above the 96
maximum fence height. In addition, arches or trellises up to 12 feet in height and five feet 97
in width may be constructed over a gate if integrated into the fence/gate design. A 98
maximum of two such arches shall be permitted per parcel. 99
Fence Height Chapter Proposed Text - Redlined Version
5
100
101
g. Barbed or Razer Wire Fences: Where permitted, barbed wire and razor wire 102
fences may be up to 12 feet in height. 103
h. Commission Authority. The Planning Commission or Historic Landmark 104
Commission can modify fence, wall, or hedge height as part of their approval of a land 105
use application in order to mitigate impacts according to the approval standards for the 106
applicable land use application. 107
4. Vision Clearance and Safety: 108
a. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be 109
erected to a height in excess of three feet (3') if the fence, wall or hedge is located within 110
the sight distance triangle extending thirty feet (30') either side of the intersection of the 111
respective street curb lines, or edge lines of roadway where curbing is not provided as 112
noted in section 21A.62.050, illustration I of this title. 113
The zoning administrator may require either increased fence setback or lower 114
fence height along corner side yards to provide adequate line of sight for driveways and 115
alleys. 116
4. Intersection Of Driveway; Sight Distance Triangle: Solid fences, walls and 117
hedges shall not exceed thirty inches (30") in height within the sight distance triangle as 118
defined in section 21A.62.050, illustration I of this title. 119
5. c. Sight Distance Triangle And See Through Fences: Within the area 120
defined as a sight distance triangle, see through fences that are at least 50fifty percent 121
percent (50%) open shall be allowed to a height of four feet (4'). 122
6. d. Alternative Design Solutions: To provide adequate line of sight for 123
driveways and alleys, the zoning administrator, in consulting with the development 124
review team, may require alternative design solutions, including, but not restricted to, 125
requiring increased fence setback and/or lower fence height, to mitigate safety concerns 126
created by the location of buildings, grade change or other preexisting conditions. 127
Fence Height Chapter Proposed Text - Redlined Version
6
7. Measuring: Measuring the 5. Height Measurement: The height of a fence, wall, or hedge 128
shall be measured from the "finished grade" of the site as defined in 129
section 21A.62.04021A.62.040 of this title. 130
8. Special Exception Approval Standards: The planning commission or historic landmark 131
commission may approve taller fencing if it is found that In instances of an abrupt grade change 132
at the property line, the extra height is necessary for for fences that are located on top of a 133
retaining wall shall be measured from the securitytop of the property in question as defined 134
in chapter 21A.52 of this title.retaining wall. 135
9 136
137
6. Gates: No gate, whether crossing a driveway, walkway, or part of a fence, shall be 138
erected to a height in excess of the standards outlined in this subsection E. To regulate the 139
location of gates and their impact on vehicular staging within the public right of way, passenger 140
vehicles shall require a minimum seventeen foot six inch (17'6") setback from back edge of 141
sidewalk, or property line when a sidewalk is not provided, and large truck driveways shall 142
require a one hundred foot (100') setback from back edge of sidewalk, or property line when a 143
sidewalk is not provided. All gates are to swing inward to the property or be a roll gate that does 144
not impact the staging area. 145
F. General Requirements: 146
1. Except when constructed of materials that have been designed or manufactured to remain 147
untreated, all fences or walls shall periodically be treated with paint or chemicals so as to retard 148
deterioration. 149
2. Fences or walls shall be constructed with good workmanship and shall be secured to the 150
ground or supporting area in a substantial manner and engineered so that the structure of 151
columns or posts and the material used for the intervening panels are adequately constructed to 152
support the materials and withstand wind loads. 153
3. All fences or walls (including entrance and exit gates) shall be maintained in good repair, 154
free of graffiti, structurally sound, so as to not pose a threat to public health, safety, and welfare. 155
G. Exceptions: Pillars shall be allowed to extend up to eighteen inches (18") 156
above the allowable height of a fence or wall; provided, that the pillars shall have a 157
maximum diameter or width of no more than eighteen inches (18"); and provided, that 158
Fence Height Chapter Proposed Text - Redlined Version
7
the pillars shall have a minimum spacing of no less than six feet (6'), measured face to 159
face. 160
H. Encroachments: Encroachments into the "sight distance triangle" for driveways as defined 161
and illustrated in chapter 21A.62 of this title, may be approved by the zoning administrator. This 162
regulation shall also apply to sight distance triangles for alleys. 163
164
21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED: 165
3. Additional height for fences, walls or similar structures may be granted to exceed the height 166
limits established for fences and walls in chapter 21A.40 of this title if it is determined that there 167
will be no negative impacts upon the established character of the affected neighborhood and 168
streetscape, maintenance of public and private views, and matters of public safety. Approval of 169
fences, walls and other similar structures may be granted under the following circumstances 170
subject to compliance with other applicable requirements: 171
a. Exceeding the allowable height limits; provided, that the fence, wall or structure is 172
constructed of wrought iron, tubular steel or other similar material, and that the open, 173
spatial and nonstructural area of the fence, wall or other similar structure constitutes at 174
least eighty percent (80%) of its total area; 175
b. Exceeding the allowable height limits on any corner lot; unless the city's traffic 176
engineer determines that permitting the additional height would cause an unsafe traffic 177
condition; 178
c. Incorporation of ornamental features or architectural embellishments which extend 179
above the allowable height limits; 180
d. Exceeding the allowable height limits, when erected around schools and approved 181
recreational uses which require special height considerations; 182
e. Exceeding the allowable height limits, in cases where it is determined that a negative 183
impact occurs because of levels of noise, pollution, light or other encroachments on the 184
rights to privacy, safety, security and aesthetics; 185
f. Keeping within the character of the neighborhood and urban design of the city; 186
g. Avoiding a walled-in effect in the front yard of any property in a residential district 187
where the clear character of the neighborhood in front yard areas is one of open spaces 188
from property to property; or 189
h. Posing a safety hazard when there is a driveway on the petitioner's property or 190
neighbor's property adjacent to the proposed fence, wall or similar structure. 191
(removed Special Exception authorization for over-height fences, walls, or hedges) 192
PLNPCM2020-00511 Fence Height Text Amendment
Fence Height Chapter Proposed Text Original Chapter
1
MODIFICATIONS TO FENCE HEIGHT REGULATIONS 1
2
21A.40.120.E: REGULATION OF FENCES, WALLS AND HEDGES: 3
4
E. Height Restrictions And Gates: 5
1. General Height: 6
a. Residential zoning districts: Except for the special foothills regulations as outlined in 7
subsection 21A.24.010P of this title, no fence, wall or hedge shall be erected to a height in 8
excess of four feet (4') between the front property line and front building line of the facade of the 9
principal structure that contains the primary entrance. 10
b. Nonresidential zoning districts: No fence, wall or hedge shall be erected to a height in 11
excess of four feet (4') when within any required front yard area. Fencing for outdoor storage 12
shall be located behind any required front yard area. 13
2. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be erected to a 14
height in excess of three feet (3') if the fence, wall or hedge is located within the sight distance 15
triangle extending thirty feet (30') either side of the intersection of the respective street curb 16
lines, or edge lines of roadway where curbing is not provided as noted in section 21A.62.050, 17
illustration I of this title. 18
3. Corner Side, Side, Rear Yards; Sight Distance Triangle: Fences, walls or hedges may be 19
erected in any required corner side yard (extending to a point in line with the front facade of the 20
principal structure for residential zoning districts and up to any required front yard setback line 21
for all other zoning districts), required side yard or required rear yard to a height not to exceed 22
six feet (6'). The zoning administrator may require either increased fence setback or lower fence 23
height along corner side yards to provide adequate line of sight for driveways and alleys. 24
4. Intersection Of Driveway; Sight Distance Triangle: Solid fences, walls and hedges shall 25
not exceed thirty inches (30") in height within the sight distance triangle as defined in 26
section 21A.62.050, illustration I of this title. 27
5. Sight Distance Triangle And See Through Fences: Within the area defined as a sight 28
distance triangle, see through fences that are at least fifty percent (50%) open shall be allowed to 29
a height of four feet (4'). 30
6. Alternative Design Solutions: To provide adequate line of sight for driveways and alleys, 31
the zoning administrator, in consulting with the development review team, may require 32
alternative design solutions, including, but not restricted to, requiring increased fence setback 33
and/or lower fence height, to mitigate safety concerns created by the location of buildings, grade 34
change or other preexisting conditions. 35
7. Measuring: Measuring the height of a fence shall be from the "finished grade" of the site 36
as defined in section 21A.62.040 of this title. 37
8. Special Exception Approval Standards: The planning commission or historic landmark 38
commission may approve taller fencing if it is found that the extra height is necessary for the 39
security of the property in question as defined in chapter 21A.52 of this title. 40
Fence Height Chapter Proposed Text Original Chapter
2
9. Gates: No gate, whether crossing a driveway, walkway, or part of a fence, shall be 41
erected to a height in excess of the standards outlined in this subsection E. To regulate the 42
location of gates and their impact on vehicular staging within the public right of way, passenger 43
vehicles shall require a minimum seventeen foot six inch (17'6") setback from back edge of 44
sidewalk, or property line when a sidewalk is not provided, and large truck driveways shall 45
require a one hundred foot (100') setback from back edge of sidewalk, or property line when a 46
sidewalk is not provided. All gates are to swing inward to the property or be a roll gate that does 47
not impact the staging area. 48
F. General Requirements: 49
1. Except when constructed of materials that have been designed or manufactured to remain 50
untreated, all fences or walls shall periodically be treated with paint or chemicals so as to retard 51
deterioration. 52
2. Fences or walls shall be constructed with good workmanship and shall be secured to the 53
ground or supporting area in a substantial manner and engineered so that the structure of 54
columns or posts and the material used for the intervening panels are adequately constructed to 55
support the materials and withstand wind loads. 56
3. All fences or walls (including entrance and exit gates) shall be maintained in good repair, 57
free of graffiti, structurally sound, so as to not pose a threat to public health, safety, and welfare. 58
G. Exceptions: Pillars shall be allowed to extend up to eighteen inches (18") above the 59
allowable height of a fence or wall; provided, that the pillars shall have a maximum diameter or 60
width of no more than eighteen inches (18"); and provided, that the pillars shall have a minimum 61
spacing of no less than six feet (6'), measured face to face. 62
H. Encroachments: Encroachments into the "sight distance triangle" for driveways as defined 63
and illustrated in chapter 21A.62 of this title, may be approved by the zoning administrator. This 64
regulation shall also apply to sight distance triangles for alleys. 65
66
21A.52.030: SPECIAL EXCEPTIONS AUTHORIZED: 67
3. Additional height for fences, walls or similar structures may be granted to exceed the height 68
limits established for fences and walls in chapter 21A.40 of this title if it is determined that there 69
will be no negative impacts upon the established character of the affected neighborhood and 70
streetscape, maintenance of public and private views, and matters of public safety. Approval of 71
fences, walls and other similar structures may be granted under the following circumstances 72
subject to compliance with other applicable requirements: 73
a. Exceeding the allowable height limits; provided, that the fence, wall or structure is 74
constructed of wrought iron, tubular steel or other similar material, and that the open, 75
spatial and nonstructural area of the fence, wall or other similar structure constitutes at 76
least eighty percent (80%) of its total area; 77
Fence Height Chapter Proposed Text Original Chapter
3
b. Exceeding the allowable height limits on any corner lot; unless the city's traffic 78
engineer determines that permitting the additional height would cause an unsafe traffic 79
condition; 80
c. Incorporation of ornamental features or architectural embellishments which extend 81
above the allowable height limits; 82
d. Exceeding the allowable height limits, when erected around schools and approved 83
recreational uses which require special height considerations; 84
e. Exceeding the allowable height limits, in cases where it is determined that a negative 85
impact occurs because of levels of noise, pollution, light or other encroachments on the 86
rights to privacy, safety, security and aesthetics; 87
f. Keeping within the character of the neighborhood and urban design of the city; 88
g. Avoiding a walled-in effect in the front yard of any property in a residential district 89
where the clear character of the neighborhood in front yard areas is one of open spaces 90
from property to property; or 91
h. Posing a safety hazard when there is a driveway on the petitioner's property or 92
neighbor's property adjacent to the proposed fence, wall or similar structure. 93
PLNPCM2020-00511 Fence Height Text Amendment
PLNPCM2020-00511 Fence Height Text Amendment
PLNPCM2020-00511 Fence Height Text Amendment
o
o
o
From:Aimee Burrows
To:Gilmore, Kristina
Subject:(EXTERNAL) PLNPCM2020-00511 Fence Height
Date:Thursday, September 10, 2020 11:49:30 AM
Attachments:EBCC Minutes 8.19.20.pdf
Hello Krissy,
I just realized that this email will get to you after the close of the Public Comment Period for
the Fence Height Zoning Amendment, but I'm still going to send it. The membership of East
Bench Community Council voted against this amendment at our meeting on August 19,
2020. There were 15 council members in attendance and the vote was unanimous. Please see
the attached meeting minutes.
Thank you,
Aimee Burrows, Chair
East Bench Community Council
ebcc.chair@gmail.com
EAST BENCH COMMUNITY COUNCIL
General Meeting Agenda
Zoom Meeting, 7 pm, Wednesday, August 19, 2020
25 Jonathon Bates,
Andrew King, Shawn Wood, and Julianne Sabula for Research Park presentation, and Dan Dugan as our city council
representative
1.Welcome, Introduce Board Members in Attendance:Karrington, Burrows, Moore, Wright, Overdevest, Eyre
2. Business Items
Remaining general meetings for this year: Sept 16, October 21, November 18
Please sign up for updates from Dan Dugan https://www.slc.gov/district6/and SLC Council
https://www.slc.gov/council/U of U alerts https://alert.utah.edu/
https://www.slc.gov/mayor/
neighborhoods.
3.SLC Fire Department Newsletter no fire representative SLC Fire Station 13, Parleys Way
801-799-3473 |fire@slcgov.com
4.SLC Police Department Report Det. Nathan Meinzer, SLCPD CIU
801-799-3625 | ciudistrict6@slcgov.com
a. Traffic issues - they are aware of a growing presence of street racing, bigger on the west side, making sure
Foothill
b. Allowing police to be more proactive now that Covid is ramping down a little, more citations being issued
c. Car prowls 14 last month, our district is unique in that we have the most long term residents in our area,
please call if you
see someone walking around at night with a hoodie or looking out of place; several stolen cars recovered
from our area, 4 burglaries in our area no forced entry;
i. Burglaries have risen significantly in recent months, it is a national trend that they have been
tracking and they suspect it is due to covid people unemployed and looking for quick income
d. Question from Dennis Eyre: has there been an unusual amount of people resigning or retiring from the
force? Yes, about 20+ down from resignations, losing bodies fairly quickly. As they lose people out of
patrol, they will move detectives back to patrol number 1 priority is taking care of the citizens; Dan Dugan
here is enough staff to keep everyone safe.
5.Jamie Stokes, Community Liaison
801-535-7110 |jamie.stokes@slcgov.com
a. Covid: still in orange phase, but looking positive. They are reassessing once a week from health dept,
s have been enforced. Economic
development is working with business on how to operate safely:https://www.slc.gov/ed/covid19/. The
Wellness Bus is offering free COIVD-19 tests to those with and without symptoms.
Check https://healthcare.utah.edu/wellness/driving-out-diabetes/mobile-health-program.php for more
information.
Community comment urging the city to be careful about going to yellow too soon given that the
university is about to open up, governor
yellow
b. S for what the city could
look like. Comments due Aug 31:https://www.slc.gov/transportation/2019/08/30/typologies/
c. Census is almost over phone, mail, online.
d. Equity front black lives matter mural completed recently 8 artists painted 2 letters each. Listen to the
artists behind the City's Black Lives Matter Mural describe their inspiration:
https://www.facebook.com/361929204013526/videos/339445270578049 There are proposals from the
Covid using equitable means:
https://www.slc.gov/mayor/2020/08/19/mayor-mendenhall-proposes-budget-to-equitably-address-
community-covid-needs/
6.Salt Lake City Council Report Dan Dugan, District 6
801-535-7784 | dan.dugan@slcgov.com
a. Street Typogology Dan
Dugan directly to get your comments into the survey, have until 8/31/20.
b. Census voting encouraged to register to vote
c. P Point and Benchmark street some concern over
.
d. School starts after Labor Day; we have a low rate of Covid 19 test positives about 10% on the east side,
but be sure to keep our guard up and stay safe, get flu shots when the time comes.
e. Indian Hills cell towers there are concerned community members, Dan Dugan is in tune with it, though it
state and federal law that give the providers the right of way
going to give up for that reason.
7.Research Park Master Plan Jonathon Bates, Exec Dir RE Admin
a. Jonathon gave a 15 minute presentation on the vision plan for Resarch Park, what the next 50 years could
look like:https://realestate.utah.edu/research-park-vision-plan/
b. There was concern over projected height of buildings. Planning committee has taken this into account,
they want to protect the views from the foothills. All projected specifics are on the powerpoint.
c. Planning committee wants to keep an open dialogue, community welcome to leave comments on website
8. Other Business
a.https://www.slc.gov/planning/2020/07/22/fence-height-zoning-amendment/
Anthony Wright presented specifics on the fencing variance: our neighborhood has a unique typography
with sloping yards and lots compared to neighborhoods like sugarhouse and 9
th and 9th that are built on flat
square lots. The The proposed
amendment eliminates allowing things to be taken into a case by case basis.
i. Brooke Karrington made a motion to vote on the variange, Anthony Wright gave the 2
nd. EBCC is
not in favor of this new ordinance: Majority voted against the amendment. 0 community members
voted in favor of the amendment. Due to the conditions that zoom presents, it was hard to identify
if anyone abstained from voting.
ii. The EBCC position has been decided, but community members are still encouraged to go online
to make comments, or email Dan Dugan (dan.duagn@slcgov.com ) your comments and he will
read them and pass them along to the planning committee.
b. Mark Overdevest: discussed 37 acre property between Devonshire with Lakeline going up for sale. Seller
put it through to get 3 buildable lots passed, listed about 10 days ago, $8.75 million is listing price. Son is
listing agent, zoned FR2 (foothill residential 2) and OS (Open Space), each lot must be a minimum of .5
acre; Seller would prefer to sell it to the city and not disturb the Bonneville shoreline trail; Owner has 3 of
c.ebcc.chair@gmail.com by the end of
this month. The board will appoint a member to the board before the September 16th meeting.
d. Surveys for our community listed below
i. New SLC Flag, due Aug 21:https://www.slc.gov/flag/
ii. Billboard Ordinance:https://www.slc.gov/planning/2020/07/20/billboard-ordinance-amendments/
iii. Fencing, Walls and Hedges:https://www.slc.gov/planning/2020/07/22/fence-height-zoning-
amendment/
iv. Restaurants in Public Land Zones:https://www.slc.gov/planning/2020/08/04/permitting-
restaurants-in-the-public-lands-zoning-district/
E B C C B o a r d M e m b e r s
Aimee Burrows ebcc.chair@gmail.com Anthony Wright anthonywright13@gmail.com
David Wirthlin dbwirthlin@gmail.com Mark Overdevest mark.overdevest@gmail.com
Brooke Karrington b.karrington04@gmail.com Dennis Eyre denniseyre@prodigy.net
Katie Moore domandkatie@gmail.com Emily Lucht emily.lucht@gmail.com
From:Anthony Wright
To:Gilmore, Kristina
Subject:(EXTERNAL) Proposed Fence changes
Date:Monday, July 27, 2020 11:43:48 AM
To whom it may concern,
I was just made aware of the proposed change to fence zoning. I am in opposition to the change. I believe the way
the language reads now allows for more flexibility for unique circumstance where a 6ft front fence may be
acceptable.
While I dislike the idea of properties having a solid fence right next to the sidewalk, an iron or semi transparent
fence in the front of some properties is acceptable and is seen all over the world in many beautiful neighborhoods.
The way the amendment reads is that no matter the circumstance or situation, 4 ft is the max for a residential front
yard. Having a special exemption allows the city to grant the exception for specific circumstances. An iron fence
may be appropriate for a historic district where other structures have the same, or for a property set far back from the
street where a taller transparent fence would not provide a boxed feel.
I hope you consider the potential impact to those with unique circumstances that may benefit from a taller fence. Not
every home or lot is the same and not allowing reasonable exceptions with neighbors approval hurts development.
Sent from my iPhone
From:Anthony Wright
To:Gilmore, Kristina
Subject:(EXTERNAL) Fwd: Proposed Fence changes
Date:Monday, July 27, 2020 11:59:54 AM
Furthermore saying a person cannot have a hedge over 4 ft tall? What constitutes a hedge? Are
you trying to say no trees can be in the front yard? Define the spacing for trees to be
considered a hedge. This will be an enforcement logistical nightmare. If the city decides to
limit a property owners right to privacy and security that will not sit well with the public.
Sent from my iPhone
Begin forwarded message:
From: Anthony Wright >
Date: July 27, 2020 at 11:43:44 AM MDT
To: kristina.gilmore@slcgov.com
Subject: Proposed Fence changes
Anthony Wright Letter
Fencing
I am all for the standardization of the city code. If we can save the city time and resources that
are being spent on variances
My concern is that amendments will be made to the code, the variances will be eliminated, and
that the exceptions that are reasonable and have no adverse impact on the surrounding area,
will be left out. No one can predict every situation that may arise that does not fit into the box
of code. If every home was on a flat, square lot, with the same buffers from commercial
properties, major roads, and no topographic challenges it would be easy to create a code that
everyone can follow. For example, the avenues, foothill, and along the Wasatch fault line,
sometimes have extreme topographic and slope challenges that cannot reasonably meet code
standards. Another example is in historic districts or even neighborhoods with older homes.
Often, homes that are not on the registry but want to bring their home more in line with the
surrounding homes that were built before code implementation, need a variance to keep in line
with the character of the neighborhood.
In regard to the proposed changes to fencing regulation, I feel that the existing variance section
was erased with no addition to the code to address potential reasonable exceptions.
The current permissible variances allowed for additional height if they met very specific criteria.
With this being eliminated, it effectively makes it impossible under any circumstance to build
anything over 4 ft in the front or 6ft for side or rear.
No one wants a majority of houses with solid fencing going to the sidewalk, which even under
the current variances is not allowed. If you refer to the current variances section, you will see
the list of reasonable exceptions such as being constructed with a wrought iron or transparent
options, or it is determined that a negative impact occurs because of levels of noise, pollution,
light or other encroachments on the rights to privacy, safety, security and aesthetics.
There are times where a taller fence is justified for either privacy, safety, or an attempt to limit
noise, light pollution, or sound of a busy road. Does anyone find it reasonable that we would
not allow someone who lives on foothill drive to not construct a 6 foot fence with a hedge to
help obstruct the noise and pollution?
I believe people should be able to express themselves with their yard and landscaping options.
The current verbiage says no hedge in front of the home shall exceed 4ft. The use of hedge is
extremely vague. Many people plant a row of trees along their driveways, in front of their main
windows, or even have a mature tree trimmed to be a hedge in the front yard. The literal
interpretation would basically make any vegetation in the front yard in violation if over 4 ft tall.
Limiting everyone to the same restrictive standards could hurt the esthetics of our city, limit
creativity and expression, and deny some the right to privacy and security. I challenge the
Anthony Wright Letter
council to drive the city for just 15 minuets and look for fencing that would now be a violation.
You will see the grand wrought iron gates of the lower avenues, 6 foot fencing in front of
homes that sit on major roads, unique and beautiful landscaped hedges and trees over 4 ft, and
corner lots with transparent side fencing. The way the amendment reads now is that a 4 foot
chain link fence can wrap your front yard and driveway while a 6 Ft decorative, mostly
transparent wrought iron fence and gate would be prohibited.
* I ask that you consider including wrought iron, tubular steel, or other transparent fencing as
an option for going up to 6ft in the front of a property. If that still does not seem reasonable,
consider having an increase in height up to 6ft for every foot you step back from the front
property line. I also ask that you consider allowing excess height for ornamental features for a
gate. I would much rather see a beautiful, intricately designed arched gate over a flat 4ft chain
link gate. It would be sad to never again see a new wrought iron gate in our city.
Below are some examples I have found around the city that would be non-conforming under
the amendments but are very reasonable, have no adverse impact on the area, and provide the
privacy and security we citizens are entitled to.
Non permissible 6 ft fence on foothill drive
Anthony Wright Letter
Fencing over 4 ft to alleviate intrusion of noise, and pollution from foothill drive.
Transparent fencing over 4 ft that is stepped back from sidewalks. Not allowed (note, homes are far
from the road and additional height provides security for the property with the home situated in the
middle of the lot).
Anthony Wright Letter
Non permissible hedge on major roads
Anthony Wright Letter
Non permissible hedge in front yard over 4 ft. This hedge is cut from native scrub oak
Non permissible ornamental gate exceeding 4 Ft in height
Anthony Wright Letter
Wrought iron fence exceeding 4 ft in height
3 ft chain link fencing with no landscaping or privacy hedge. Allowed
From:
To:Gilmore, Kristina
Subject:(EXTERNAL) Fencing ordinance modification
Date:Wednesday, July 29, 2020 3:32:31 PM
Ms. Gilmore, thank you for the opportunity to comment on the proposed changes to the fencing.
While I appreciate it is easier to be totally uniform throughout the city, it is not always reasonable for
the homeowner. In my case, my property backs up to “wild lands” on the east – there are no roads,
no habitation in the area – but there are cougar. In fact, I have a fence that is 6’ tall on the back, and
I maintain a “down to mineral dirt” firebreak for 10’ wide along the entire east stretch of my
property at the east fence line, with fencing continuing to the west along the entire back yard
reaching down to the house. (I have no fence whatsoever extending from the house to the street.)
Yesterday there was a distinct paw print in the dust in that area – INSIDE the 6’ high fence – which
paw print was of a size to exclude domestic cats and bobcats. Cougar can easily leap 10’ from a
standing position. I had intended to raise the fence to provide protection for me and my family. The
proposed ordinance would prevent me from creating that protection.
I strongly urge the consideration of special circumstances such as property like mine.
Thank you for the opportunity to comment.
Joan Ogden
1423 S Devonshire Drive
Salt Lake City UT 84108
From:Lynn Schwarz
To:Gilmore, Kristina
Subject:(EXTERNAL) Fence Height
Date:Wednesday, July 29, 2020 7:46:25 PM
Ms. Gilmore:
I cannot understand the reasoning behind SLC's idea to eliminate any mechanism for granting
exceptions regarding fence height. This means that SLC can see the future and has determined
that at no time, never, ever, in perpetuity, will there be a circumstance that necessitates a fence
that cannot fit into your regulations. This is truly incomprehensible considering SLC's efforts
to plop high density housing in single family neighborhoods. Even now, with IZZY South and
Richmond Flats smack dab in the middle of single family neighborhoods, SLC cannot fathom
the necessity of a higher fence to protect the surrounding neighbor's privacy. The neighbor's
concerns are brushed away as inconsequential as SLC leaves NO recourse for unusual
conditions. This makes no sense and must be reconsidered.
Lynn Schwarz
2023 East Crystal Ave
Salt Lake City, UT 84109
Sugar House Community Council Trustee
From:thea
To:Gilmore, Kristina
Cc:Judi Short
Subject:(EXTERNAL) Proposed fence height modification ordinance
Date:Thursday, July 30, 2020 11:32:03 AM
Dear Ms. Gilmore:
Have just read through the proposed changes, and am wondering what prompted the complete
omission of the Special Exception Authorization section. Is it because of too many requests to build
higher fences? Are some so frivolous that they are taking up time much better spent on other
issues? If so, I would encourage you to reword the exception section rather than eliminate it.
The plethora of apartment buildings going up in city neighborhoods, while great for increasing
housing capacity, is creating issues for established residents whose back yards are adjacent to them.
These problems are specifically addressed in the current fence ordinance, i.e. in Section (e) allowing
height exceptions in “cases where it is determined that a negative impact occurs because of levels of
noise pollution, light or other encroachments on the right to privacy, safety, security and
aesthetics.” Section (f) refers to “keeping within the character of the neighborhood and urban
design of the city.”
I urge you to retain these considerations for the neighbors of these new complexes, and in fact,
change the ordinance to require that the complexes themselves pay for higher fences. In the case of
the Izzy South project, with a ground floor parking garage for about 60 cars, the fence definitely
needs to be higher and made of a solid material to block pollution from the cars. Any developer also
ought to be required to plant at least 10 foot tall trees for each rear-facing unit overlooking
established neighborhood back yards. These requirements would help neighbors without creating
undue extra expense for projects.
The Izzy project design aims to limit harmful impact on our environment, so I would think this would
be acceptable to its developer.
Thank you for your consideration of these comments and best wishes,
Thea Brannon
1768 E Wilson Ave.
SLC
Sent from Mail for Windows 10
1
Gilmore, Kristina
From:Mary R. Cosgrove < >
Sent:Monday, August 17, 2020 7:16 AM
To:Gilmore, Kristina
Subject:(EXTERNAL) Fence height
Our property butts up against the cemetery and I noticed a neighbor east of us has put up very high fences. They appear
to me to be over 6 ft.
I can see why she did this. It's interesting having a cemetery behind your house. A taller fence would be great so the
visitors in the cemetery cannot look into our backyard and we wouldn't have to see the graves and funerals.
I realize we are probably the only houses in SLC the actually have a cemetery cemetery behind their. SL county does
however. It's a consideration.
Thanks,
Mary Cosgrove
2357 Sheridan Rd
84108
From:Judith Boulden
To:Gilmore, Kristina; D. Gordon Wilson; Rhonda Devereaux
Subject:(EXTERNAL) Fence heigh amendment
Date:Wednesday, August 26, 2020 10:17:05 AM
Hello,
Our neighborhood has a nuisance vacant lot where, over an extended period of time and at
significant neighborhood involvement, we have been able to erect a fence higher than 4’. The
lot is located at 134 Edgecombe Drive and overlooks the City. In the past there has been drug
use, litter, gang violence, shooting, and traffic obstruction at the lot that required calling the
police as well as traffic enforcement. The fence we were finally able to erect, at cost borne by
neighbors and the absent property owner, has reduced this negative activity to a degree,
though not entirely. Replacing this fence with one only 4’ tall would totally defeat all that we
have accomplished over several years. Anyone can get over a 4’ wall. Please reconsider
exceptions to this proposed ordinance to deal with security situation such as we have.
Judith Boulden
79 Edgecombe Drive
Salt Lake City
Sent from my iPad Pro
From:
To:Gilmore, Kristina
Subject:(EXTERNAL) RE: Fence Height Zoning Amendment
Date:Thursday, August 27, 2020 11:20:11 AM
Krissy, I corrected a small typo in this amended version. Thank you! Jim
Regarding Salt Lake City Fence Height Zoning Amendment
Petition Number: PLNPCM2020-0511
Yesterday I was made aware of a proposed amendment to the City’s zoning code which removes the
Special Exception language from the City’s Fence Height Zoning and adds additional restrictive
language. I appreciate that the City has a variety of physical environments to navigate and
conformity to uniform standards is an important tool to ensure equal treatment. However,
complete removal of the Special Exception process eliminates another important tool for the City to
use in circumstances that it had not anticipated.
By way of example, this tool was used very effectively at 134 Edgecombe, a private lot zoned for
single family residential use in our neighborhood. At that location there is a vacant lot in an
otherwise fully developed residential neighborhood. Unfortunately, this lot had become a frequent
high volume view point for many people and was exacerbated by its proximity to the City’s urban
core. Short periods of low volume viewing alone is of course not a contentious issue. Sadly though
this location had become a perpetual extended stay party zone. Residents of the neighborhood
have engaged in a daily trash pickup that commonly includes food packaging waste, beverage
packaging waste, used condoms and hypodermic needles. Frequent visits from SLPD can confirm
these circumstances.
We engaged the neighborhood and solicited input from a broad and diverse set of neighbors,
conducted neighborhood meetings to which all were invited by posting notices on everyone’s door,
conducted formal surveys all of which occurred over a several year period. One result of this effort
was approximately 40 residents providing funding along with the property owner to construct a
fence. In this case a 4-foot fence allowed by right would not have been sufficient to curtail the
problem as it would have been easily bypassed allowing the problem to continue. As such, the
property owner applied for and received a Special Exception allowing for a 6-foot fence which was
installed according to the approved permit.
Although this fence has not provided a complete solution, it has significantly reduced the volume of
traffic. We do continue to pick up trash daily and have explored other options to reduce the appeal
of extended stays. The City has many special publicly designated locations for the enjoyment of our
City’s residents. Private neighborhood locations simply don’t have the necessary resources such as
trash cans, bathrooms, maintenance, enforcement tools among many other issues that are available
at areas designated for public use.
By removing the Special Exception process you are removing an important tool for the City and its
residents to ensure that residential zones are used accordingly in circumstances intended for the
existing Special Exception process. Perhaps you could include language such as, “Special Exceptions
will be granted in circumstances where there are negative environments or conditions that could be
at least partially mitigated by the presence of higher fencing that provides either a physical and/or
visual barrier. Examples of such circumstances include excessive public use, disregard for parking or
other limitations, or the presence or accumulation of waste resulting from such visitation.”
Thank you for your consideration,
James Schulte
Capitol Hill resident
From:
Sent: Thursday, August 27, 2020 11:10 AM
To: 'kristina.gilmore@slcgov.com' <kristina.gilmore@slcgov.com>
Subject: Fence Height Zoning Amendment
Regarding Salt Lake City Fence Height Zoning Amendment
Petition Number: PLNPCM2020-0511
Yesterday I was made aware of a proposed amendment to the City’s zoning code which removes the
Special Exception language from the City’s Fence Height Zoning and adds additional restrictive
language. I appreciate that the City has a variety of physical environments to navigate and
conformity to uniform standards is an important tool to ensure equal treatment. However,
complete removal of the Special Exception process eliminates another important tool for the City to
use in circumstances that it had not anticipated.
By way of example, this tool was used very effectively at 134 Edgecombe, a private lot zoned for
single family residential use in our neighborhood. At that location there is a vacant lot in an
otherwise fully developed residential neighborhood. Unfortunately, this lot had become a frequent
high volume view point for many people and was exacerbated by its proximity to the City’s urban
core. Short periods of low volume viewing alone is of course not a contentious issue. Sadly though
this location had become a perpetual extended stay party zone. Residents of the neighborhood
have engaged in a daily trash pickup that commonly includes food packaging waste, beverage
packaging waste, used condoms and hypodermic needles. Frequent visits from SLPD can confirm
these circumstances.
We engaged the neighborhood and solicited input from a broad and diverse set of neighbors,
conducted neighborhood meetings to which all were invited by posting notices on everyone’s door,
conducted formal surveys all of which occurred over a several year period. One result of this effort
was approximately 40 residents providing funding along with the property owner to construct a
fence. In this case a 4-foot fence allowed by right would not have been sufficient to curtail the
problem as it would have been easily bypassed allowing the problem to continue. As such, the
property owner applied for and received a Special Exception allowing for a 6-foot fence which was
installed according to the approved permit.
Although this fence has not provided a complete solution, it has significantly reduced the volume of
traffic. We do continue to pick up trash daily and have explored other options to reduce the appeal
From:Terry Becker
To:Gilmore, Kristina
Subject:(EXTERNAL) Fwd: 20+ foot walls
Date:Thursday, August 27, 2020 12:07:03 PM
Kristina,
Thank you for giving me background on the proposed amendent. Planning rules and
regulations are in place to protect our communities from inappropriate development, and
should assure all citizens that planning polcies will be fair and predictable. Three years ago we
had first-hand experience of bad planning process and general standards and considerations for
special exceptions (21A.52.060) were ignored. “Special exception” went from 4 feet to two 20
foot walls, and additional 3 foot cement walls and high fencing on top of those. We hope the
department and commission will think carefully about making changes to the zoning
ordinance.
From:Stokes, Jamie
To:Lynn Schwarz
Cc:Mayor; Gilmore, Kristina
Subject:Re: Elimination of Special Exceptions for Over-Height Fences
Date:Friday, August 28, 2020 2:56:59 PM
Hi Lynn,
Thanks for sharing your feedback about the fence height zoning amendment with our office.
I'm copying Krissy Gilmore on this message so she is aware of your comments -- she is the staff
planner in charge of answering questions and compiling feedback about this particular issue. It
is my understanding that no decision has been reached on the petition in question and there
has yet to be a date set for a public hearing.
I'm happy to answer additional questions you may have, although Krissy is undoubtedly much
more knowledgable than I am. Thanks again for reaching out!
Jamie Stokes
she/her
Community Liaison
385-707-7062
OFFICE of the MAYOR
SALT LAKE CITY CORPORATION
www.slcmayor.com
www.slcgov.com
From: Lynn Schwarz >
Sent: Sunday, August 2, 2020 4:09 PM
To: Mayor <Mayor@slcgov.com>; Fowler, Amy <Amy.Fowler@slcgov.com>; Fullmer, Brian
<Brian.Fullmer@slcgov.com>
Subject: (EXTERNAL) Elimination of Special Exceptions for Over-Height Fences
I cannot understand the reasoning behind SLC's idea that eliminating any mechanism for granting
exceptions regarding fence heights is a good idea. This means that SLC can see the future and at no
time ever, never, in perpetuity, will there be a circumstance that necessitates a fence that does not
fit your regulations. This is truly incomprehensible considering SLC's efforts to plop high density
housing into single family neighborhoods. Even now, with IZZY South and Richmond Flats smack dab
in the middle of single family neighborhoods, they will only be allowed to have 6 foot fences
separating them from adjoining single family houses. Neighbors are begging for higher fences to
reasonably preserve their privacy, but those requests will be brushed away as inconsequential as SLC
leaves NO recourse for unusual conditions. This makes no sense and must be reconsidered.
Lynn Schwarz
2023 East Crystal Ave
Salt Lake City, UT 84109
Sugar House Community Council Trustee
From:Dan Moulding
To:Gilmore, Kristina
Subject:(EXTERNAL) Public Comment Re: Fence Height Zoning Amendment (Petition Number: PLNPCM2020-00511)
Date:Tuesday, September 8, 2020 10:45:23 PM
Hi Krissy,
It was recently brought to my attention that the Planning Commission is taking under
consideration a proposal to amend city fence height zoning ordinances which would have the
effect of removing the "special exception" provision of the existing ordinance, and that public
comment on the proposed amendment has been requested. I would like to submit the
following comment for consideration by the Planning Commission and the City Council.
Among the reasons given in favor of the proposed amendment, I am to understand, it has been
asserted that, "according to the American Planning Association, special exceptions for fence
height should be discouraged". I would first like to dispel this absurd misconception. The APA
discourages freely granting variances to fence height ordinances[1]. This is not the same thing
as discouraging special exceptions within ordinances, which are utterly distinct from
variances, as I'm sure the Planning Division and Planning Commission will heartily agree.
The special exception provision in the existing Salt Lake City ordinance serves at least two
important purposes:
1) It discourages the practice of freely granting variances at will, in accordance with APA
recommendations, because it prescribes -- by ordinance -- specific situations in which the
standard fence height limits may not be appropriate.
2) It provides the means by which specific types of situations may best be addressed by the
City in a uniform manner, rather than attempting to impose a one-size-fits-all solution to every
situation city-wide.
If the special exception provision were to be removed, as proposed, it would predictably have
the effect of requiring the City to approve more variances than are currently necessary, in
order to address the varying needs of spaces throughout the city -- directly in contravention to
the APA's clearly stated recommendations.
Particularly worrisome, would be the elimination of the following section of the existing
special exception provision:
e. Exceeding the allowable height limits, in cases where it is determined that a negative
impact occurs because of levels of noise, pollution, light or other encroachments on the
rights to privacy, safety, security and aesthetics;
Elimination of the special exception provision will mean the elimination of an important tool
the City currently has to allow for higher fences where such height is necessary in order to
ensure the safety and security of our neighborhoods. Even if somehow removing the provision
would result in better uniformity -- it won't, it will simply mean more variances will be
needed, resulting in less uniformity -- trading our neighborhoods' safety for uniformity would
be both unwise and, frankly, irresponsible.
From:Personal
To:Gilmore, Kristina
Subject:(EXTERNAL) Zoning Ordinance amendment
Date:Tuesday, September 8, 2020 1:40:53 PM
Please do what you can to defeat this amendment or change it or grandfather existing permits.
My concern is the fence we as neighbors in concert with the owner of 134 Edgecombe Drive
paid for and had installed to reduce the problem of noise, trash and illicit and illegal activity
taking place nightly.
The fence, while not stopping such activity completely, it has greatly curtailed it. If the zoning
ordinance amendment passes the problem returns full force.
NOT A GOOD OUTCOME
Feel free to contact me.
Phone is
Sent from my iPhone
From:Judith Boulden
To:Gilmore, Kristina
Subject:(EXTERNAL) Proposed Fence Height Amendment
Date:Wednesday, September 9, 2020 10:50:03 AM
Dear Ms. Gilmore,
I write in opposition to the proposed change to the regulation of fences that proposes to
eliminate the Special Exception process. The stated reason is to provide uniformity and
promote clear expectations for fence height.
Initially, why is uniformity considered a goal? The City has wonderful diverse
neighborhoods from the charm of the Avenues to the urban structure of the Granary District.
Why should such diverse neighborhoods be uniform and who would expect them to be? I
believe the premise of this proposed change is flawed and counter to producing vibrant,
unique neighborhoods.
More importantly, one of the few exceptions is for public facilities where a greater height
is necessary to protect public safety. There is a pressing example of when private
facilities absolutely require taller fences to promote public safety - 134 Edgecombe Drive. I
live on Edgecombe Drive and have endured the impact of this vacant lot that is a magnet for
illegal drug use, gang conflict, extensive litter and violation of various noise and parking
ordinances on the neighborhood. I routinely picked up “morning after” litter consisting of
used needles, human waste, food and drink remains, bottles and cans, furniture and clothing -
and even offensive weapons. After years of this, a coalition of neighbors over an extended
period of time was able to obtain permission to erect a metal fence higher than 4ft. to keep this
offensive and unsafe conduct out of our neighborhood - now it’s confined to the City street at
least. Why should the City eliminate this increased fence height recourse for private facilities
and allow it only for public facilities. To change the ordinance and maintain the necessity of
taller fences for public facilities for public safety purposes is to acknowledge such exceptions
are essential - why should such exceptions not be available to private facilities for the same
reasons? In circumstances such as 134 Edgecombe Drive, safety surely outweighs uniformity
and some perceived expectation.
Please help us to keep our neighborhood safe and reject this ill thought out amendment.
Respectfully,
Judith Boulden
79 Edgecombe Drive
Sent from Yahoo Mail for iPad
From:David Scheer
To:Gilmore, Kristina
Cc:"Jim Schulte"
Subject:(EXTERNAL) Fence zoning height amendment
Date:Wednesday, September 9, 2020 10:28:16 AM
Hello Kristina-
I'm writing to ask about a particular case of special importance to our neighborhood that may be
affected by the proposed fence zoning height amendment.
There is currently a 6' wrought iron fence at 134 Edgecombe Dr. on the front property line. This
fence was erected two years ago through a concerted effort by a group of neighbors, with the
cooperation of the property owners and properly permitted by the city. It was erected because the
property attracted crowds on weekends and especially holidays like July 4 and July 24 because the
property is vacant and has a view of the city. These crowds were an extreme hazard and nuisance to
neighbors, starting brush fires that threatened homes, leaving huge amounts of trash, playing loud
music and blocking the street. Since the fence was erected, these problems have been largely
eliminated. The neighborhood believes that keeping this fence is essential to our safety and well-
being.
My question has to do with whether the new amendment will cause this fence to have to be taken
down. Is the proposed amendment going to be retroactive? Will this fence's permit be revoked or
not renewed under the amendment?
Given that the vote on this amendment is imminent, I would greatly appreciate a response at your
earliest convenience.
Sincerely,
David Scheer, Chair
Capitol Hill Neighborhood Council
www.chnc-slc.org
council@chnc-slc.org
From:Vanja Watkins
To:Gilmore, Kristina
Subject:(EXTERNAL) Fence Height Zoning Amendment
Date:Wednesday, September 9, 2020 1:28:21 PM
Dear Ms. Gilmore,
As a 55 year resident on Edgecombe Drive, I would like to comment about the Fence Height Zoning Amendment.
My home is directly across the street from 134 E. Edgecombe Drive which is and always has been a vacant lot. Over
the years, I have seen changes in the way this property is regarded. Until a few years ago people who stopped and
parked to admire the view have been respectful and have caused no problems in the neighborhood.
Sadly there has been a marked change in the behavior of viewers at this site within the last several years. At first
neighbors were willing to pick up trash and litter left behind by people admiring the view, but gradually the problem
has expanded far beyond litter. Our quiet neighborhood has been subjected to excess garbage, noise, parties, street
games at odd hours, lewd behavior, increased traffic that often causes snarls on our narrow street, and of course
illegal parking and trespassing onto private property in spite of signs posted by our city. People ignore signs!
What a great relief we experienced when the attractive and necessary 6 ft. metal fence was installed to help prevent
some, but not all, of these problems. Some neighbors would have preferred a solid fence, regular police patrols, a
regular route by city parking officers with power to issue tickets, a gate to prohibit non-resident traffic after 10 p m.,
or other similar measures to prevent the perplexing problems on this street that also impacted the entire
neighborhood. But we were pleased to begin to solve our problems with the installation of a fence for which many
neighbors willingly and generously contributed— and with the property owner’s agreement.
Now to have this single, simple step for improvement possibly denied to our neighborhood is a huge
disappointment. Please do not let this happen because of a solitary viewpoint not representative of the many who
live here.
Thank you for your serious consideration of a respectful, law-abiding and usually friendly neighborhood.
Sincerely,
Vanja Watkins
123 Edgecombe Drive
Salt Lake City, Utah
From:Lynne Cartwright
To:Gilmore, Kristina
Subject:(EXTERNAL) Fence and screen at 134 Edgecombe Drive
Date:Wednesday, September 9, 2020 3:46:29 PM
“The City Council has initiated a petition to amend the zoning ordinance regulations to
remove the Special Exception process that allows for over-height fences and to define
instances where a taller fence may be appropriate and approved by right.”
Instituting a fence height restriction primarily to target a security fence and itsscreen on 134 Edgecombe Drive doesn’t make sense.
1. Ensign Downs has its own CCRs to address issues regarding privacy, househeight, etc. For a quasi-governmental body to step in and restrict that fence isoverreach.
2. The charm of the development is its eclectic nature. Mandating uniform fenceheight would destroy that. We’ve all moved beyond the “little boxes on the hillside”aesthetic.
3. The large majority of the homeowners have “voted” by contributing to the fenceconstruction and periodic maintenance. The group went through the city’s processto secure permission for the fence. They want this fence as a security measure. Oneperson has requested this change against the wishes of virtually all the rest of theneighbors. The neighbors on Edgecombe Drive are fully in favor of the fence and itsscreening.
4. Before the fence, that open space was an “attractive nuisance” that collected notjust trash but hazardous waste (dirty diapers, used needles, used condoms, forsome examples), creating a neighborhood problem. It also attracted random non-compliant traffic through Ensign Downs, especially at night, making it unsafe forresidents to walk their own neighborhood. The less barrier that fence provides, themore it attracts these problems.
I have lived at 202 E. South Sandrun Road since May 1955. I hope to live here until Idie. But disallowing the security fence at 134 Edgecombe decreases my security aswell as introduces hazards into the area.
--Deon Freed via my daughter's email since I don't use email.
From:Maggie Probst
To:Gilmore, Kristina
Subject:(EXTERNAL) Fence Height Zoning Amendment
Date:Friday, September 11, 2020 7:46:30 AM
Dear Ms. Gilmore,
As a resident of the Capitol Hill neighborhood, I am writing you express my concern over this
amendment as it relates to the fence on 134 Edgecombe Drive. I have driven Edgecombe almost
daily for 13 years and witnessed the traffic on the street increase dramatically over the course of
time. Along with the traffic came all the nuisances of noise and trash, etc. that plagued our
neighborhood. Since the fence has been erected on the property, the traffic has significantly
decreased, and the result has been a safer, quieter residential neighborhood. This instance seems
precisely why the fence height variance exists, and it works! I strongly urge that the special
exception process for over height fences not be changed.
Maggie Probst
907 Dartmoor Way
Salt Lake City, UT 84103
From:Ingo and Kathy Titze
To:Gilmore, Kristina
Subject:(EXTERNAL) Fence on 134 Edgecombe
Date:Saturday, September 12, 2020 3:21:12 PM
I would like to add my concern for the removal of the fence and screens that have been, in my
opinion, a necessity for the safety of the street due to unprecedented accumulation of cars and
trash at late hours and daytime hours. There is no limit to the worry from the residents and
traffic congestion in this area. Putting up the fence and screens are the only things that deter
onlookers since the police can not be there every minute. However, I believe that if some
tickets were issued, the word would get around and also act as a deterrent.
Thank you for your time and help in this matter.
Kathy Titze
56 E. Dorchester Drive
.SLC, UT 84103
From:Jim Schulte
To:Gilmore, Kristina
Subject:(EXTERNAL) Salt Lake City Fence Height Zoning Amendment
Date:Friday, September 11, 2020 11:39:20 AM
Regarding Salt Lake City Fence Height Zoning Amendment
Petition Number: PLNPCM2020-0511
Kristina,
I wanted to provide some additional context for some of the comments you are receiving from
residents of our neighborhood regarding the vacant lot at 134 Edgecombe. Some of them are under
the impression that the zone change itself could cause the removal of the fence. I understand from
your comments in response that the fence could remain as an existing non-conforming
use/improvement. While I appreciate that perspective, the existence of our fence is certainly more
“fragile” with the proposed zone change as it does not recognize and provide an avenue of approval
for the unique circumstances of a location like 134 Edgecombe that can benefit from a special
exception to the fence height ordinance. We are continuing to work as a neighborhood to improve
the still very destructive behavior that comes with excessive all night visitation and one
recommendation that has been highly vetted and approved by the neighborhood is a 4’ screen. It’s
not clear whether that would be allowed under our current special exception. If this zone change
occurs we would lose the ability to apply for an amendment to our prior approval.
Please add language to the proposed zoning amendment that will provide a path for the City to
evaluate further existing permit amendments and new special exceptions for lots that that can
demonstrate adverse conditions that warrant such an exception such as 134 Edgecombe.
Thank you.
James Schulte
Capitol Hill Resident
From:Rhonda Devereaux
To:Gilmore, Kristina
Subject:(EXTERNAL) Zoning ordinance change on fence height
Date:Monday, September 21, 2020 1:16:45 PM
Kristina,
I am hopeful that you are able to take my comment into consideration regarding the proposed removal of
‘Special Exceptions’ for fence heights. I have a personal beef with the removal of the exceptions clause,
being I live on Edgecombe Dr, just a couple of houses away from the empty nuisance lot at 134E
Edgecombe Dr. I am sure you have already heard from others the saga of the criminal and nuisance activity
on that lot and our community working together to try to minimize the disruption to our neighborhood. The
fence has helped a ton. The trial of additional placement of a fabric to reduce the view while seated in a car
in the no parking zone seemed promising. Seems crazy to reverse the progress we have made.
But just as important as this issue is with us, I think the MESSAGE you are sending with the proposed
removal of ‘special exceptions’ is very alarming. We have a serious problem with this lot. And as special as
I’d like to think we are, I bet there are other communities facing similar issues. As a community, we tried the
usual avenues to address it. Yet, it only became worse. We have been told repeatedly that there aren’t
enough personnel (police officers, ticketing officers, etc) to respond quick enough to make a difference. So
as a community, we formulated a plan to try to fix this problem WITHIN the confines of the law AND at our
own expense. This has resulted in a reduction of crime, nuisance garbage, fires and calls to the police
department, parking enforcement and the property owner. Win/win situation, don’t you think?
Now there is a push to reduce abandon the special permits due to aesthetic concerns (evidently one
complaint) and the laborious process the permits require? This would be simply volleying the problem back
to the police and parking enforcement, who we already know have too much on their plate, not to mention
a slap in the face to our community for trying to rectify a very frustrating and dangerous problem.
Until the City can adequately address and rectify the mess of this open lot, I believe that
reversing/eliminating special permits is in no-one’s interest. This could crush the future legal efforts of
communities banding together to resolve an issue when their leaders can’t.
I thank you you for the consideration of my comments.
Rhonda Devereaux
88E Edgecombe Dr
SLC, UT 84103
Merrick
Voicemail-- Does not support removing the special exception to allow over-height fences. They do not
feel that 4 is enough to secure kids and a dog in the front yard.
PLNPCM2020-00511 Fence Height Text Amendment
4. PLANNING COMMISSION
C. Agenda/Minutes/Newspaper Notice
January 13, 2021
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
January 13, 2021, at 5:30 p.m.
(The order of the items may change )
This Meeting will not have an anchor location at the City and County Building. Commission Members
will connect remotely. We want to make sure everyone interested in the Planning Commission meetings
can still access the meetings how they feel most comfortable. If you are interested in watching the Planning
Commission meetings, they are available on the following platforms:
YouTube: www.youtube.com/slclivemeetings
SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Public Hearing portion of the meeting or provide general
comments, email; planning.comments@slcgov.com or connect with us on Webex at:
http://tiny.cc/slc-pc-01132021
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM
APPROVAL OF MINUTES FOR DECEMBER 9, 2020
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
PUBLIC HEARINGS
1. Maven Lofts Design Review & Planned Development at approximately 156 East 900 South -
Joe Jacoby, representing Jacoby Architects, has submitted applications to the city for Design
Review and a Planned Development to construct an addition that would create 57 new residential
units located at approximately 156 E 900 South. The proposal is for a 4-story building that will be
located roughly on the same footprint as the existing building. The applicant is requesting Design
Review approval to allow for an additional 15 FT of building height, for a total building height of
approximately 45 FT. Through the Planned Development process, the applicant is requesting to
decrease the front, rear, and corner side yard setbacks for the second, third, and fourth stories of the
building. The exterior wall of the proposed upper stories is slightly stepped back from the exterior wall
of the existing building, which is located right at the property line. The CC zoning district requires a
and . In order to utilize the ground
floor of the existing building, the applicant is also requesting to allow the rooftop garden areas to
count toward landscaping requirements. The property is located within the CC (Commercial
Corridor) zoning district in council district 5, represented by Darin Mano (Staff contact: Amy
Thompson at (385) 226-9001 or amy.thompson@slcgov.com) Case numbers PLNPCM2020-00721
& PLNPCM2020-00722
2. Windsor Court Planned Development at approximately 1966 S Windsor Street - Mike
Spainhower, representing the property owner, is requesting approval for a 17-unit multi-family
dwelling at 1966 S. Windsor Street. The project would be built on an existing vacant lot. The total site
is 0.7 acres. The Planned Development is needed to address a modification to the front yard setback
and landscape buffers. The subject property is located in the RMF-35 zoning district and within
Council District 7, represented by Amy Fowler (Staff contact: Katia Pace at (385) 226-8499
or katia.pace@slcgov.com)Case number PLNPCM2020-00727
3. Village at North Station Building D Design Review at approximately 1925 W North Temple
Michael Batt, representing the property owner, is seeking Design Review approval to modify a front
setback requirement for a proposed building located at approximately 1925 W North Temple. The
applicant is requesting to modify the maximum 5' front yard setback requirement due to the location
of a high voltage power line along Orange Street. They are requesting increased front yard setback
so that the front of the building is a required minimum safe distance from the power line. Modifications
to the front yard setback can be approved through the Design Review process. The subject property
is located within the TSA-MUEC-T (Transit Station Area District - Mixed Use Employment Center
Station Transition) zoning district. The property is in Council District 1, represented by James
Rogers (Staff contact: Daniel Echeverria at (385) 226-3835 or daniel.echeverria@slcgov.com) Case
Number PLNPCM2020-00730
4. 9th Mixed-Use Multifamily Design Review Eric Moran, on behalf of the property owner and
management company, RD Management, along with architects Peter Jacobsen and Jeff Byers of
The Richardson Design Group, are seeking Design Review approval to redevelop the property
located at the southwest corner of the intersection of 400 South and 900 East with residential and
commercial space. The proposal includes 264 residential units and approximately 16,000 square
feet of commercial space. The applicant is requesting Design Review by the Planning Commission
to allow for a façade length greater than 200 feet in the TSA-UN-C zoning district and for modifications
to the design standards in 21A.37. The property is located within Council District 4, represented by
Ana Valdemoros. (Staff contact: Sara Javoronok at (385) 226-4448 or sara.javoronok@slcgov.com )
Case number PLNPCM2020-00641
5. AT&T Wireless Communication Facility Conditional Use at approximately 1550 South 5600
West A request by Brian Sieck of Smartlink for a new AT&T wireless communications facility with
The proposed site would be located in the northwest corner of the parcel. The subject property is
located within the M-1 (Light Manufacturing) zoning district and is located within Council District 2,
represented by Andrew Johnston (Staff Contact: Sara Javoronok at (385) 226-4448 or
sara.javoronok@slcgov.com) Case number PLNPCM2020-00819
6. Master Plan Amendment & Rezone at approximately 810 East 800 South Salt Lake City has
received a request from Stanford Bell of Altus Development Group representing the property owner
of 810 East 800 South, to amend the Central Community Master Plan and the zoning map. The
proposal would rezone the property located at approximately 810 East 800 South from R-2 (Single
and Two-Family Residential) to CB (Community Business) and the Central Community Master Plan
Future Land Use map designation from Low Density Residential to Community Commercial. The
applicant anticipates developing the site with a two-story building with commercial on the first floor
and residential units on the second floor. The subject property is zoned R-2 (Single and Two-Family
Residential) and is located within Council District 5 represented by Darin Mano (Staff contact: Sara
Javoronok at (385) 226-4448 or sara.javoronok@slcgov.com) Case numbers PLNPCM2020-00740
& PLNPCM2020-00741
7. Master Plan Amendment and Rezone at approximately 554 & 560 South 300 East - Salt Lake
City has received a request from Mariel Wirthlin, with The Associated Group and representing the
property owner of 554 and 560 South 300 East, to amend the Central Community Master Plan and
the zoning map. The proposal would rezone the properties located at approximately 554 and 560
South 300 East from RO (Residential Office) to RMU (Residential/Mixed Use) and amend the Central
Community Future Land Use Map from Residential/Office Mixed Use to High Mixed Use. The
proposed Master Plan amendment to High Mixed Use and rezone to RMU is intended to allow retail
service uses on the property, in addition to office use. The subject property is zoned RO
(Residential Office) and is located within Council District 4, represented by Ana Valdemoros (Staff
contact: Nannette Larsen at (385) 386-2761 or nannette.larsen@slcgov.com) Case numbers
PLNPCM2020-00604 & PLNPCM2020-00712
8. Fence Height Zoning Ordinance Amendment A request by the City Council to amend the zoning
ordinance regulations to remove the special exception process that allows for over-height fences
(Chapter 21A.52.030) and to define instances where a taller fence may be appropriate and approved
ya
include when a residential district abuts a nonresidential district, in extraction industries and
manufacturing districts, public facilities and recreation facilities where a greater height is necessary
to protect public safety, private game courts, and construction fencing. Additionally, the Planning
Commission and the Historic Landmark Commission would have the authority to grant additional
fence, wall, or hedge height as part of a land use application. The amendments proposed to Chapter
21A.40 will affect all zoning districts throughout Salt Lake City. The changes would apply Citywide.
(Staff contact: Krissy Gilmore at (801) 535-7780 or kristina.gilmore@slcgov.com) Case number
PLNPCM2020-00511
slc.gov/planning/public-
meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified,
which usually occurs at the next regularly scheduled meeting of the Planning Commission.
Salt Lake City Planning Commission January 13, 2021 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, January 13, 2021
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to
order at 05:30 PM. Audio recordings of the Planning Commission meetings are retained for a period of
time. These minutes are a summary of the meeting. For complete commentary and presentation of the
meeting, please visit https://www.youtube.com/c/SLCLiveMeetings.
Present for the Planning Commission meeting were: Chairperson, Brenda Scheer; Vice Chairperson,
Amy Barry; Commissioners, Adrienne Bell, Carolynn Hoskins, Matt Lyon, Sara Urquhart, and Crystal
Young-Otterstrom. Commissioners Jon Lee, and Andres Paredes were excused.
Planning Staff members present at the meeting were: Michaela Oktay, Planning Deputy Director; Nick
Norris, Planning Director; Paul Nielson, Attorney; Amy Thompson, Senior Planner; Katia Pace, Principal
Planner; Daniel Echeverria, Senior Planner; Sara Javoronok, Senior Planner; Nannette Larsen, Principal
Planner; Krissy Gilmore, Principal Planner; and Marlene Rankins, Administrative Secretary.
Chairperson Brenda Scheer, read the emergency proclamation for holding a remote meeting.
APPROVAL OF THE DECEMBER 9, 2020, MEETING MINUTES. 02:31
MOTION 02:46
Commissioner Young-Otterstrom moved to approve the December 9, 2020 meeting minutes.
Commissioner Urquhart seconded the motion. Commissioners Bachman, Barry, Bell, Lyon,
Urquhart, and Young-Commissioner Hoskins abstained from voting as
she was not present for the said meeting. The motion passed unanimously.
REPORT OF THE CHAIR AND VICE CHAIR 04:24
Chairperson Scheer informed the public of the long agenda and that there will be a break half-way through
the agenda.
Vice Chairperson Barry stated she had nothing to report.
REPORT OF THE DIRECTOR 05:33
Michaela Oktay, Planning Director, stated she had nothing to report.
05:55
Maven Lofts Design Review & Planned Development at approximately 156 East 900 South - Joe
Jacoby, representing Jacoby Architects, has submitted applications to the city for Design Review and a
Planned Development to construct an addition that would create 57 new residential units located at
approximately 156 E 900 South. The proposal is for a 4-story building that will be located roughly on the
same footprint as the existing building. The applicant is requesting Design Review approval to allow for
an additional 15 FT of building height, for a total building height of approximately 45 FT. Through the
Planned Development process, the applicant is requesting to decrease the front, rear, and corner side
yard setbacks for the second, third, and fourth stories of the building. The exterior wall of the proposed
upper stories is slightly stepped back from the exterior wall of the existing building, which is located right
In order to utilize the ground floor of the existing building, the applicant is also
Salt Lake City Planning Commission January 13, 2021 Page 8
The Commission, Staff and Applicant further discussed the following:
Clarification on whether the RO zone will be eliminated
MOTION 3:20:56
Commissioner Lyson stated Based on the information in the staff report I move that the Planning
Commission recommend that the City Council approve the proposed master plan amendment, as
presented in petition PLNPCM2020-00712.
Commissioner Hoskins seconded the motion. Commissioners Bachman, Barry, Bell, Hoskins,
Lyon, Urquhart, and Young-
MOTION 3:22:40
Commissioner Lyon stated, Additionally, I move that the Planning Commission recommend that
the City Council approve the proposed zoning map amendment, as presented in PLNPCM2020-
00604.
Commissioners Bachman, Barry, Bell, Hoskins, Lyon, Urquhart, and Young-Ottertrom voted
3:23:46
Fence Height Zoning Ordinance Amendment A request by the City Council to amend the zoning
ordinance regulations to remove the special exception process that allows for over-height fences
(Chapter 21A.52.030) and to define instances where a taller fence may be appropriate and approved by
ew specific instances. Those instances include
when a residential district abuts a nonresidential district, in extraction industries and manufacturing
districts, public facilities and recreation facilities where a greater height is necessary to protect public
safety, private game courts, and construction fencing. Additionally, the Planning Commission and the
Historic Landmark Commission would have the authority to grant additional fence, wall, or hedge height
as part of a land use application. The amendments proposed to Chapter 21A.40 will affect all zoning
districts throughout Salt Lake City. The changes would apply Citywide. (Staff contact: Krissy Gilmore at
(801) 535-7780 or kristina.gilmore@slcgov.com) Case number PLNPCM2020-00511
Krissy Gilmore, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the
case file). She stated Staff recommended that the Planning Commission forward a positive
recommendation to the City Council.
The Commission and Staff discussed the following:
Clarification on unique conditions
Clarification on how fence height is measured when a property has an abrupt grade change
Clarification on whether a property owner can build a 10-foot fence around a backyard swimming
pool or tennis court
PUBLIC HEARING 3:38:39
Chairperson Scheer opened the Public Hearing;
Cindy Cromer
zoning ordinance, you ought to be able to repurpose fencing.
Salt Lake City Planning Commission January 13, 2021 Page 9
Jim Schulte Stated he requests special exceptions that addresses special circumstances where some
with the surrounding neighborhood.
Zachary Dussault Stated his support of the request.
Judi Short, Sugar House Land Use Chairperson Stated her support of the request.
David Fernandez - Stated his support of the request. Also, he asked whether it has been determined
whether vinyl or plastic is considered a durable material.
Seeing no one else wished to speak; Chairperson Scheer closed the Public Hearing.
The Commission and Staff further discussed the following:
Clarification on what constitutes a durable material
Clarification on whether there are any limitations of materials
Whether a multi-family mixed use building is considered a non-residential use
Vacant property that is attracting nuisance
MOTION 4:05:07
Commissioner Bell stated, based on the information in the staff report, the information presented,
and the input received during the public hearing, I move that the Planning Commission
recommend that the City Council approve the proposed text amendment, PLNPCM2020-00511
Fence Height Zoning Text Amendment. With the additional recommendation:
1. That Planning Staff draft a provision to the ordinance allowing for a fence height allowing
up to 6-feet in front yards of vacant lots without existing structures, which non-conforming
fences must be removed when the vacant lot is developed and;
2. To add a maximum height of up to 8-feet to residential and non-residential over height
allowances section
Commissioner Urquhart seconded the motion. Commissioners Bachman, Barry, Bell, Hoskins,
Lyon, Urquhart, and Young-
The meeting adjourned at 4:07:59
5. MAILING LIST
Name Address City State Zip
Trolley Square Ventures, LLC 630 E South Temple St Salt Lake Ci UT 84102
SK Hart ST, LLC 630 E South Temple St Salt Lake Ci UT 84102
Item C3
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Sam Owen, Policy Analyst
DATE:September 21, 2021
RE:Resolution: Public Benefits Analysis - Authorizing the Waiver of Lease Fees to Facilitate the
Operation of an Airport Military Service Members Lounge
MOTION 1
I move the Council adopts the resolution.
MOTION 2
I move the Council not adopt the resolution.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
beverages, entertainment, and free Wi-Fi to active duty, Reserve, and Guard service members and
their families at no charge for 365 days per year.
Currently, there are over 32,000 active Guard and Reserve service members residing in Utah. Due
to space constraints and a previous lack of local interest, the Airport has historically not had a USO
lounge. However, with the redevelopment of the Airport, limited space is now available for such a
use. The space identified for the proposed USO lounge (the “Lounge”) is located post-security on
the mezzanine (Level 3) of the Airport Terminal. It is currently vacant and used for the occasional
meeting by Airport staff and tenants. It is approximately 933 square feet, which is not sufficient nor
in the appropriate level of the Airport to be used for a non-aeronautical (i.e. commercial) use.
If authorized by City Council, the Airport will enter into a facility lease with the USO (the “Facility
Lease”). The lease will have an initial five-year term with two, five-year renewal periods that may be
exercised at the Airport’s discretion. The USO will take occupancy of the space in as-is condition
and will be required to obtain the funding necessary for all necessary physical space improvements,
signage, and associated permits and approvals. When ready for operation and occupancy, USO will
lead and direct the Lounge with one staffed employee, and volunteers from the local community
much like the Airport does with its volunteer program. The Airport will retain the right to terminate
the Facility Lease or relocate the Lounge with appropriate notice for the ongoing and orderly
development of the Airport. Because the USO is a volunteer organization and staffs its lounges with
volunteers, the USO would not be able to provide benefits to service members and their families
without the City’s waiver of lease fees.
Entering into the Facility Lease for the Lounge with USO at the Airport will benefit the residents of
Salt Lake City and surrounding communities by demonstrating Salt Lake City’s support of all
military service members and their families around the country who will fly through Salt Lake City
for many years to come. It will further enhance the amenities available to travelers of the new
Airport and will provide a venue that is customary in facilities such as the Airport. Though space at
the new Airport is still very limited, the limited space available best accommodates a use such as the
Lounge at the Airport, which permits the City to respond to interest from the local community and
meet a long-term goal for the City.
MEMORANDUM
TO: City Council Members
FROM: Erin Mendenhall, Mayor
Bill Wyatt, Executive Director, Department of Airports
Shane Andreasen, Director of Administration & Commercial Services
Megan DePaulis, Senior City Attorney
DATE: July 7, 2021
SUBJECT: Informal Analysis of Public Benefits Provided by United Service
Organizations, Inc., in Exchange for a Below-Market Facility Lease of
Mezzanine Level Office Space Located at the Salt Lake City International
Airport
_____________________________________________________________________________
INTRODUCTION
The Administration recommends that City Council authorize it to enter into a facility
lease agreement (“Facility Lease”) for 933 square feet of SLCDA owned mezzanine level office
space CAUP-3-001 (“City Property”) at the Salt Lake City International Airport (“Airport”) with
United Service Organizations, Inc., a Virginia not for profit entity (“USO”) for a fee of $1 a year,
to facilitate the development and operation of a USO Airport Lounge (“Lounge”) for the benefit
of active duty, Reserve, and Guard service members and their families. The term of the Facility
Lease will be five years, with two, five-year extensions that may be exercised in the City’s
discretion.
Though a formal study of the benefits to be received by the City in exchange for the
benefit provided to USO is not requir -8-2, this informal analysis has
been prepared to help assist City Council’s evaluation of the recommended action.
LEGAL FRAMEWORK
Under Utah law, after first holding a public hearing a municipality may “authorize
municipal services or other nonmonetary assistance to be provided to a nonprofit entity, whether
or not the municipality receives consideration in return.” Utah Code §10-8-2(1)(a)(v). Because
the USO is a nonprofit entity, the City may waive the fair-market rental rates it would ordinarily
be required to receive for use of the City Property, so long as the municipal legislative body first
holds a public hearing regarding the waiver and authorizes the Administration to enter into the
Facility Lease for the below-market lease rates.
Utah Code §10-8-2(3) outlines the purposes for which a municipal body may appropriate
funds as “for any purpose that, in the judgment of the municipal legislative body, provides for
the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the
inhabitants of the municipality.” There are statutory factors that must be considered in
determining the propriety of such an appropriation or waiver if made to any type of entity or
individual other than a nonprofit entity as set forth under Utah Code §10-8-2(3)(e). However, it
2
is helpful to consider the same factors when providing a waiver to nonprofit entities as well. The
factors are:
(1) The specific benefits (including intangible benefits) to be received by the City in
return for the arrangement;
(2) The City’s purpose in making the appropriation, including an analysis of how the
safety, health, prosperity, moral well-being, peace, order, comfort or convenience of
the residents of Salt Lake City will be enhanced; and
(3) Whether the appropriation is “necessary and appropriate” to accomplish the
reasonable goals and objectives of the City in the area of economic development, job
creation, affordable housing, blight elimination, resource center development, job
preservation, the preservation of historic structures and property, and any other public
purpose.
The application of these factors to the waiver of lease fees under the proposed Facility
Lease is discussed below.
BACKGROUND
USO Airport Lounges exist in over 100 airports around the world, including at most
international airports across the United States. However, due to space constraints and a previous
lack of local interest, the Airport has historically not had a USO. Some airport locations are pre-
security while others are after security depending on space availability and the nature of the
airport. With the Airport’s significant connecting passenger traffic, a post-security location for
the Lounge would be more desirable and is therefore being proposed for the Airport. Locations
in airports are built-out and improved by donations and volunteers, operationally funded by local
and national donations, and have a volunteer workforce. They provide active duty, Reserve, and
Guard service members and their families an area for comfort no matter where their journeys are
taking them, or why. Although staffed by volunteers from a day-to-day perspective, the USO
will have at least one full time paid manager responsible for the overall operation. Typical USO
Lounges feature comfortable furniture, donated snacks, beverages, entertainment, and free Wi-Fi
to active duty, Reserve, and Guard service members and their families at no charge for 365 days
per year.
With the opening of the new Airport, the Airport started to receive feedback about the
lack of a USO airport lounge. With that community interest, the USO also received community
feedback about the desire to develop and operating an airport lounge at the Airport. With the
redevelopment of the Airport, limited space is now available for such a use. The space identified
for the Lounge is located post-security on the mezzanine (Level 3) of the Airport Terminal. It is
currently vacant and used for the occasional meeting by Airport staff and tenants. It is
approximately 933 square feet, which is not sufficient nor in the appropriate level of the Airport
to be used for a non-aeronautical (i.e., commercial) use.
3
TERMS OF THE LEASE AND PUBLIC BENEFITS PROVIDED
Upon City Council approval, the Airport will enter into the Facility Lease with USO.
The Facility Lease will have an initial five-year term with two, five-year renewal periods that
may be exercised at the Airport’s discretion. USO will take occupancy of the space in as-is
condition and will be required to obtain the funding necessary for all necessary physical space
improvements, signage, and associated permits and approvals. When ready for operation and
occupancy, USO will lead and direct the Lounge with one staffed employee, and volunteers from
the local community much like the Airport does with its volunteer program. The Airport will
retain the right to terminate the Facility Lease or relocate the Lounge with appropriate notice for
the ongoing and orderly development of the Airport.
In addition to below-market rent the Airport will provide utilities, which are not
separately metered. All other costs associated with the development and operation will be paid
by USO. This includes, among other things, janitorial expenses, employee badging, central
receiving and distribution center fees invoiced by the Airport, storage space fees, if necessary,
and all other costs. Any taxes related to the Facility Lease also will be the responsibility of USO.
Because the USO is led by paid staff with a volunteer workforce that doesn’t receive revenues
from any of the services it provides, the USO would not be able to operate at the Airport without
below-market rents.
Having the Lounge will benefit the residents of Salt Lake City, the state of Utah, and the
surrounding communities in southwest Wyoming, southeast Idaho, eastern Nevada, and
northwestern Colorado by providing a dedicated lounge area where active duty, Reserve, and
Guard service members and their families will be able to meet and relax together as they transit
through the Airport. Currently, there are over 32,000 active Guard and Reserve service members
residing in Utah. Those individuals do not currently have a location in the Airport where they
can find rest and respite before a deployment, on their journey home from one, or wherever else
their travels may have taken them. Therefore, having the Lounge at the Airport will enhance the
health, moral well-being, peace, and comfort of these residents of Salt Lake City and the state of
Utah. Since airports are where these individuals spend quite a bit of time as they serve their
missions, having a USO will add one more passenger amenity that is currently lacking at the
Airport and one that is typically provided at an airport of Salt Lake City’s size and importance.
It will also provide a new and unique connection to the region and its residents, and former
military members as they volunteer with the daily operation of the USO. The Lounge will
provide for additional professional-level job creation, in addition to numerous volunteer
opportunities.
CONCLUSION
Entering into the Facility Lease with USO at the Airport will benefit the residents of the
City, the state, and surrounding communities by demonstrating the Salt Lake City’s support of all
military service members and their families around the country who will fly through Salt Lake
City for many years to come. It will further enhance the amenities available to travelers of the
new Airport and will provide a venue that is customary in facilities such as the Airport. Having
both the space available to accommodate a Lounge at the Airport, and the interest from the local
community has been a long-term goal for the City. It further establishes Salt Lake City as the
4
gateway to the world, especially for members of the military who may transit the Airport for
some of their most life-changing moments.
RESOLUTION NO. __ OF 2021
A Resolution Authorizing the Waiver of Lease Fees to Facilitate the Operation of an Airport
Military Service Members Lounge Operated by United Service Organizations, Inc., a Nonprofit
Corporation, at the Salt Lake City International Airport
WHEREAS, United Service Organizations, Inc., a nonprofit corporation (“USO”)
advances the City’s goals of safety, health, moral well-being, peace, comfort and convenience
for the residents of Salt Lake City by providing a comfortable lounge area in airports for military
service members and their families; and
WHEREAS, the primary beneficiaries of the construction of the USO airport lounge
(“USO Lounge”) will be active military service members from Salt Lake City, Utah generally,
and the surrounding region; and
WHEREAS, the USO will operate the USO Lounge with volunteer efforts and a paid
staff member; and
WHEREAS, the below-market lease fee waiver to the USO will facilitate the
development of the USO Lounge, which would otherwise be financially unfeasible; and
WHEREAS, the City is willing to provide assistance to the USO in the form of lease fee
waiver for a five to fifteen-year facility lease at the Salt Lake City International Airport (the
“Lease Fee Waiver”); and
WHEREAS, Utah Code Section 10-8-2(1)(a)(v) allows public entities to provide
nonmonetary assistance and waive fees to and for nonprofit entities after a public hearing; and
WHEREAS, though Utah Code Section 10-8-2 does not require a study for such waiver
or assistance, in this case the Administration voluntarily performed an analysis of the
nonmonetary assistance to the nonprofit corporation (the “Analysis”); and
WHEREAS, the City Council conducted a public hearing relating to the foregoing, in
2
satisfaction of the requirements of Utah Code Section 10-8-2; and
WHEREAS, the Council has reviewed the Analysis, and has fully considered the
conclusions set forth therein, and all comments made during the public hearing;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. The City Council hereby adopts the conclusions set forth in the Analysis, and
finds and determines that, for all the reasons set forth in the Analysis, the Lease Fee Waiver is
appropriate under these circumstances.
Adopted by the City Council of Salt Lake City, Utah, this _____ day of _________,
2021.
SALT LAKE CITY COUNCIL
______________________
Chairperson
Attest:
___________________________
City Recorder
Salt Lake City Attorney’s Office
Approved as to Form:
___________________________
Senior City Attorney
Item E1
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Jennifer Bruno
DATE:September 21, 2021
RE:Resolution: National League of Cities Conference 2025
– MOTION 1A ADOPT
I move that the Council adopt a resolution supporting Salt Lake City hosting the National League of Cities (NLC)
Conference in 2025.
– MOTION 2 NOT ADOPT
I move that the Council not adopt the proposed resolution and proceed to the next agenda item.
RESOLUTION NO. ___OF 2021
Revising the Invitation to the National League of Cities for the 2025 City Summit
WHEREAS the National League of Cities (“NLC”) has long advocated for and
strengthened the 19,000 cities, villages and towns it represents throughout the country; and
WHEREAS, the NLC serves as a forum for leaders from the largest cities to the smallest
towns, and helps build better communities; and
WHEREAS, the NLC mission is to strengthen and promote cities as centers of
opportunity, leadership, and governance; and
WHEREAS, the NLC City Summit is the largest gathering of local elected officials and
staff in the country, providing opportunities to increase the effectiveness of the more than 3,500
local leader attendees; and
WHEREAS, Salt Lake City (“City”) shares the values of the NLC and is nationally
recognized for job creation, inclusion, quality of life and its natural beauty; and
WHEREAS, on _________ the City passed the Resolution Extending Invitation to the
National League of Cities in 2017 for the 2021 City Summit, (the “2017 Resolution”).
WHEREAS, pursuant to the 2017 Resolution, the City is currently scheduled to host the
City Summit as an in-person event on November 18-20, 2021; and
WHEREAS, due to the ongoing global COVID-19 pandemic, the City is experiencing
high COVID-19 transmission rates, which makes the planned in-person conference imprudent as
a matter of public health and safety; and
WHEREAS, the NLC and the City jointly agreed to postpone the in-person 2021 City
Summit scheduled for November; and
WHEREAS, the City still desires to have the honor of hosting elected officials from
throughout the country for the NLC City Summit in 2025.
NOW THEREFORE; BE IT RESOLVED that the Salt Lake City Council hereby
extends an invitation to the National League of Cities and its members to Salt Lake City for the
City Summit to be hosted in 2025.
Passed by the City Council of Salt Lake City, Utah, this ____________ day of
____________, 2021.
SALT LAKE CITY COUNCIL
By: ________________________________
CHAIRPERSON
ATTEST:
By: ________________________
City Recorder
SALT LAKE CITY ATTORNEY’S OFFICE
Approved As To Form
By: ___________________
Sara Montoya
Date: _______________
Item F1
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Kira Luke
Policy Analyst
DATE:September 21, 2021
RE: MOTION SHEET: Resolution: General Obligation (Street Reconstruction) Bonds, Series
2021
MOTION 1 – ADOPT
I move that the City Council adopt the resolution authorizing up to $23,600,000 of the City's General
Obligation Bonds.
MOTION 2 – NOT ADOPT
I move that the Council not adopt the proposed resolution and proceed to the next agenda item.
MARYBETHTHOMPSON
Chief Financial Officer
ERIN MENDENHALL
Mayor
DEPARTMENT OF FINANCE
451 SOUTH STATE STREET, ROOM 245
SALT LAKE CITY, UTAH 84114
TEL 801-535-6403
CITY COUNCIL TRANSMITTAL
________________________ Date Received:___________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council:______________
_____________________________________________________________________________
TO:Salt Lake City Council DATE:August 17, 2021
Amy Fowler, Chair
FROM:Mary Beth Thompson, Chief Financial Officer___________________________________
SUBJECT:General Obligation (Street Reconstruction) Bonds, Series 2021
STAFF CONTACT:Marina Scott, City Treasurer 801-535-6565
DOCUMENT TYPE:Informative
RECOMMENDATION:1) That the City Council hold a discussion on September 7, 2021 in
anticipation of adopting a Bond Resolution for the aforementioned bond issue; 2) That the City
Council adopt a Bond Resolution on September 21, 2021 approving the issuance and sale of up to
$23,600,000 principal amount of Salt Lake City, Utah, General Obligation (Street Reconstruction)
and give authority to certain officers to approve the final terms and provisions of and confirm the
sale of the Bonds within certain parameters set form in the attached Bond Resolution.
BUDGET IMPACT:None. Tax collections resulting from the issuance of voter-authorized general
obligation bonds for the Street Reconstruction Project will be sufficient to cover debt service
costs for the period in which the bonds are outstanding.
BACKGROUND/DISCUSSION:On November 6, 2018, voters within Salt Lake City authorized the
City to issue and sell general obligation bonds in an amount not to exceed $87 million for the
purpose of financing the cost of improving various streets and roads throughout the City and
related infrastructure improvements.
The bonds are the third block of bonds to be issued from the November 6, 2018, voted
authorization. Exhibit 1, prepared by Engineering and attached to the transmittal, details street
project selected for the second bond issuance.
The current plan calls for the Bonds to be sold on November 3, 2021.
General Obligation (Street Reconstruction) Bond, 2021 - 081721
Transmittal to City Council
August 17, 2021
Page 2 of 2
The Designated Officers defined in the attached Bond Resolution are authorized to approve the
interest rate(s) and other terms and provisions relating to the Bond by executing the Certificate
of Determination, which is also attached.
An estimated debt service, a draft copy of the Bond Resolution, and most of its attachments are
included for your review. Please keep in mind that these are preliminary drafts and are subject to
change.
PUBLIC PROCESS:N/A
EXHIBITS:Attachments
Cc: Mary Beth Thompson, Boyd Ferguson, Steven Bagley, Lisa Shaffer, Sara Montoya, Mathew
Cassell
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$19,795,000 GENERAL OBLIGATION BONDS
SERIES 2021 (November 30, 2021 )
Sources & Uses
Dated 11/30/2021 | Delivered 11/30/2021
Sources Of Funds
Par Amount of Bonds $19,795,000.00
Reoffering Premium 3,779,024.95
Total Sources $23,574,024.95
Uses Of Funds
Total Underwriter's Discount (0.350%) 69,282.50
Costs of Issuance 103,198.25
Deposit to Project Construction Fund 23,400,000.00
Contingency 1,544.20
Total Uses $23,574,024.95
2021 NM 8.16.21 Est | SINGLE PURPOSE | 8/16/2021 | 10:33 AM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 1
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$19,795,000 GENERAL OBLIGATION BONDS
SERIES 2021 (November 30, 2021 )
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
11/30/2021 - - - - -
06/15/2022 3,845,000.00 5.000% 481,839.58 4,326,839.58 4,326,839.58
12/15/2022 - - 348,650.00 348,650.00 -
06/15/2023 540,000.00 5.000% 348,650.00 888,650.00 1,237,300.00
12/15/2023 - - 335,150.00 335,150.00 -
06/15/2024 565,000.00 5.000% 335,150.00 900,150.00 1,235,300.00
12/15/2024 - - 321,025.00 321,025.00 -
06/15/2025 595,000.00 5.000% 321,025.00 916,025.00 1,237,050.00
12/15/2025 - - 306,150.00 306,150.00 -
06/15/2026 620,000.00 5.000% 306,150.00 926,150.00 1,232,300.00
12/15/2026 - - 290,650.00 290,650.00 -
06/15/2027 655,000.00 5.000% 290,650.00 945,650.00 1,236,300.00
12/15/2027 - - 274,275.00 274,275.00 -
06/15/2028 685,000.00 5.000% 274,275.00 959,275.00 1,233,550.00
12/15/2028 - - 257,150.00 257,150.00 -
06/15/2029 720,000.00 5.000% 257,150.00 977,150.00 1,234,300.00
12/15/2029 - - 239,150.00 239,150.00 -
06/15/2030 755,000.00 5.000% 239,150.00 994,150.00 1,233,300.00
12/15/2030 - - 220,275.00 220,275.00 -
06/15/2031 795,000.00 5.000% 220,275.00 1,015,275.00 1,235,550.00
12/15/2031 - - 200,400.00 200,400.00 -
06/15/2032 835,000.00 4.000% 200,400.00 1,035,400.00 1,235,800.00
12/15/2032 - - 183,700.00 183,700.00 -
06/15/2033 870,000.00 4.000% 183,700.00 1,053,700.00 1,237,400.00
12/15/2033 - - 166,300.00 166,300.00 -
06/15/2034 900,000.00 4.000% 166,300.00 1,066,300.00 1,232,600.00
12/15/2034 - - 148,300.00 148,300.00 -
06/15/2035 940,000.00 4.000% 148,300.00 1,088,300.00 1,236,600.00
12/15/2035 - - 129,500.00 129,500.00 -
06/15/2036 975,000.00 4.000% 129,500.00 1,104,500.00 1,234,000.00
12/15/2036 - - 110,000.00 110,000.00 -
06/15/2037 1,015,000.00 4.000% 110,000.00 1,125,000.00 1,235,000.00
12/15/2037 - - 89,700.00 89,700.00 -
06/15/2038 1,055,000.00 4.000% 89,700.00 1,144,700.00 1,234,400.00
12/15/2038 - - 68,600.00 68,600.00 -
06/15/2039 1,100,000.00 4.000% 68,600.00 1,168,600.00 1,237,200.00
12/15/2039 - - 46,600.00 46,600.00 -
06/15/2040 1,140,000.00 4.000% 46,600.00 1,186,600.00 1,233,200.00
12/15/2040 - - 23,800.00 23,800.00 -
06/15/2041 1,190,000.00 4.000% 23,800.00 1,213,800.00 1,237,600.00
Total $19,795,000.00 - $8,000,589.58 $27,795,589.58 -
Yield Statistics
Bond Year Dollars $190,802.29
Average Life 9.639 Years
Average Coupon 4.1931308%
Net Interest Cost (NIC) 2.2488447%
True Interest Cost (TIC) 1.9729834%
Bond Yield for Arbitrage Purposes 1.2602381%
All Inclusive Cost (AIC) 2.0274709%
IRS Form 8038
Net Interest Cost 1.7999441%
Weighted Average Maturity 9.949 Years
2021 NM 8.16.21 Est | SINGLE PURPOSE | 8/16/2021 | 10:33 AM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 2
MARYBETHTHOMPSON
Chief Financial Officer
ERIN MENDENHALL
Mayor
DEPARTMENT OF FINANCE
451 SOUTH STATE STREET, ROOM 245
SALT LAKE CITY, UTAH 84114
TEL 801-535-6403
CITY COUNCIL TRANSMITTAL
________________________ Date Received:___________________
Rachel Otto, Chief of Staff Date sent to Council:______________
_____________________________________________________________________________
TO:Salt Lake City Council DATE:August 31, 2021
Amy Fowler, Chair
FROM:Mary Beth Thompson, Chief Financial Officer___________________________________
SUBJECT:General Obligation (Street Reconstruction) Bonds, Series 2021
STAFF CONTACT:Marina Scott, City Treasurer 801-535-6565
DOCUMENT TYPE:Resolution
RECOMMENDATION:That the City Council adopt a Bond Resolution on September 21, 2021
authorizing the issuance and sale of up to $23,600,000 principal amount of Salt Lake City, Utah,
General Obligation (Street Reconstruction) bonds and give authority to certain officers to approve
the final terms and provisions of and confirm the sale of the Bonds within certain parameters set
forth in the attached Bond Resolution.
BUDGET IMPACT:None. Tax collections resulting from the issuance of voter-authorized general
obligation bonds for the Street Reconstruction Project will be sufficient to cover debt service
costs for the period in which the bonds are outstanding.
BACKGROUND/DISCUSSION:The bonds are the third block of bonds to be issued from the
November 6, 2018 voted authorization. The current plan calls for the Bonds to be sold on
November 3, 2021.
The Designated Officers defined in the attached Bond Resolution are authorized to approve the
interest rate(s) and other terms and provisions relating to the Bonds by executing the Certificate
of Determination, which is also attached.
An estimated debt service, a draft copy of the Bond Resolution and most of its attachments are
included for your review. Please keep in mind that these are preliminary drafts and are subject to
change.
PUBLIC PROCESS:N/A
General Obligation Bonds, Series 2021 Resolution
Transmittal to City Council
08-31-2021
Page 2 of 2
EXHIBITS:
1. Agenda and Motion Language
2. Estimated debt service
3. Bond Resolution and its attachments
2021 Go.docx
Salt Lake City Council
Agenda Item for September 21, 2021
UNFINISHED BUSINESS:
Suggested Agenda Language relating to the bond resolution for the General Obligation Bonds,
Series 2021, to be considered by the City Council at its meeting on September 21, 2021:
Resolution: Authorizing the Issuance and the Sale of General Obligation Bonds
Consideration of a resolution authorizing up to $23,600,000 General Obligation Bonds; delegating
authority to certain officials and officers of the City; and providing for related matters.
Staff Recommendation: Adopt
Suggested Motion Language is as follows:
I move that the City Council adopt the resolution authorizing up to $23,600,000 of the City's
General Obligation Bonds.
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$19,795,000 GENERAL OBLIGATION BONDS
SERIES 2021 (November 30, 2021 )
Sources & Uses
Dated 11/30/2021 | Delivered 11/30/2021
Sources Of Funds
Par Amount of Bonds $19,795,000.00
Reoffering Premium 3,779,024.95
Total Sources $23,574,024.95
Uses Of Funds
Total Underwriter's Discount (0.350%) 69,282.50
Costs of Issuance 103,198.25
Deposit to Project Construction Fund 23,400,000.00
Contingency 1,544.20
Total Uses $23,574,024.95
2021 NM 8.16.21 Est | SINGLE PURPOSE | 8/16/2021 | 10:33 AM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 1
Preliminary; subject to change.
SALT LAKE CITY, UTAH
$19,795,000 GENERAL OBLIGATION BONDS
SERIES 2021 (November 30, 2021 )
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
11/30/2021 - - - - -
06/15/2022 3,845,000.00 5.000% 481,839.58 4,326,839.58 4,326,839.58
12/15/2022 - - 348,650.00 348,650.00 -
06/15/2023 540,000.00 5.000% 348,650.00 888,650.00 1,237,300.00
12/15/2023 - - 335,150.00 335,150.00 -
06/15/2024 565,000.00 5.000% 335,150.00 900,150.00 1,235,300.00
12/15/2024 - - 321,025.00 321,025.00 -
06/15/2025 595,000.00 5.000% 321,025.00 916,025.00 1,237,050.00
12/15/2025 - - 306,150.00 306,150.00 -
06/15/2026 620,000.00 5.000% 306,150.00 926,150.00 1,232,300.00
12/15/2026 - - 290,650.00 290,650.00 -
06/15/2027 655,000.00 5.000% 290,650.00 945,650.00 1,236,300.00
12/15/2027 - - 274,275.00 274,275.00 -
06/15/2028 685,000.00 5.000% 274,275.00 959,275.00 1,233,550.00
12/15/2028 - - 257,150.00 257,150.00 -
06/15/2029 720,000.00 5.000% 257,150.00 977,150.00 1,234,300.00
12/15/2029 - - 239,150.00 239,150.00 -
06/15/2030 755,000.00 5.000% 239,150.00 994,150.00 1,233,300.00
12/15/2030 - - 220,275.00 220,275.00 -
06/15/2031 795,000.00 5.000% 220,275.00 1,015,275.00 1,235,550.00
12/15/2031 - - 200,400.00 200,400.00 -
06/15/2032 835,000.00 4.000% 200,400.00 1,035,400.00 1,235,800.00
12/15/2032 - - 183,700.00 183,700.00 -
06/15/2033 870,000.00 4.000% 183,700.00 1,053,700.00 1,237,400.00
12/15/2033 - - 166,300.00 166,300.00 -
06/15/2034 900,000.00 4.000% 166,300.00 1,066,300.00 1,232,600.00
12/15/2034 - - 148,300.00 148,300.00 -
06/15/2035 940,000.00 4.000% 148,300.00 1,088,300.00 1,236,600.00
12/15/2035 - - 129,500.00 129,500.00 -
06/15/2036 975,000.00 4.000% 129,500.00 1,104,500.00 1,234,000.00
12/15/2036 - - 110,000.00 110,000.00 -
06/15/2037 1,015,000.00 4.000% 110,000.00 1,125,000.00 1,235,000.00
12/15/2037 - - 89,700.00 89,700.00 -
06/15/2038 1,055,000.00 4.000% 89,700.00 1,144,700.00 1,234,400.00
12/15/2038 - - 68,600.00 68,600.00 -
06/15/2039 1,100,000.00 4.000% 68,600.00 1,168,600.00 1,237,200.00
12/15/2039 - - 46,600.00 46,600.00 -
06/15/2040 1,140,000.00 4.000% 46,600.00 1,186,600.00 1,233,200.00
12/15/2040 - - 23,800.00 23,800.00 -
06/15/2041 1,190,000.00 4.000% 23,800.00 1,213,800.00 1,237,600.00
Total $19,795,000.00 - $8,000,589.58 $27,795,589.58 -
Yield Statistics
Bond Year Dollars $190,802.29
Average Life 9.639 Years
Average Coupon 4.1931308%
Net Interest Cost (NIC) 2.2488447%
True Interest Cost (TIC) 1.9729834%
Bond Yield for Arbitrage Purposes 1.2602381%
All Inclusive Cost (AIC) 2.0274709%
IRS Form 8038
Net Interest Cost 1.7999441%
Weighted Average Maturity 9.949 Years
2021 NM 8.16.21 Est | SINGLE PURPOSE | 8/16/2021 | 10:33 AM
Stifel
Prepared by Stifel, Nicolaus & Company, Inc. (EJR) Page 2
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer, Policy Analyst
DATE:September 21, 2021
RE: ORDINANCE TO VACATE A PORTION OF H STREET
ADJACENT TO THE PROPERTY AT 538 EAST 14TH AVENUE
(PLNPCM2018-00561)
ISSUE AT-A-GLANCE
The Council will be briefed about a proposal to vacate the public right-of-way (park strip) on the H Street side
adjacent to the home located at 538 East 14th Avenue.
In 2006 applicants Justin and Jodi Miller received a revocable permit from the City allowing them to replace a
fence encroaching into the public right-of-way on the east side of their lot. At the time, these permits were no
cost and for a ten-year period. When the permit expired the applicants learned the City changed its policy
regarding exclusive use of City property to align with State statute and is now charging for this use. The
applicants were offered terms to lease the City right-of-way. Rather than enter into a lease agreement, the
applicants are requesting the City vacate the subject right-of-way and sell it to them at fair market value.
The applicants originally submitted an application to purchase an area measuring 22.5’ by 50’ (1125 square feet)
which is enclosed by their fence as shown in the image below. During City department reviews, the Engineering
and Transportation divisions advised against selling land that would preclude the City from installing a sidewalk
in the park strip on the east side of the applicants’ property at some point in the future. Both divisions would
support the vacation if six feet measured from the back of the curb was reserved for this potential future use.
This would result in an area 16.5’ x 50’ (825 square feet) being vacated (also shown in the image below). The
applicants agreed and reduced the area they are requesting to be vacated.
During the April 10, 2019 Planning Commission meeting, Commissioner Lyon made a motion adding a request
that the City Council and staff explore the possibility of vacating the original area requested (1,125 square feet
versus 825 square feet) and placing an easement over the area where the City may, at some point, construct a
sidewalk on the west side of H Street. This would allow the applicants to retain their existing fence and
Item Schedule:
Briefing: September 21, 2021
Set Date: September 21, 2021
Public Hearing: October 19, 2021
Potential Action: November 9, 2021
Page | 2
landscaping until the City chose to add a sidewalk. Commissioner Lyon stated the Commission would also
support the request to vacate a revised area of 825 square feet.
Council staff checked with the Attorney’s Office about placing an easement over the potential sidewalk area.
They indicated that, while unusual, the Council could include an easement on the property reserving the right to
build a sidewalk at some point in the future as a condition of vacation. Under such an agreement, the existing
fence and landscaping could remain in place until the City chose to install a sidewalk in this location. However,
the Attorney’s Office recommended the Council not impose the condition. They stated the easement would
create a right to public to use and the public would have the right to conduct First Amendment expressive
activities behind the property owners’ fence. As owners of the property, the applicants would pay taxes on the
subject property if approved by the Council. An email outlining the Attorney’s Office concerns is included as
attachment A to this memo.
If either the 825 or 1,125 square foot vacation is approved by the City Council, the applicants would purchase the
land at fair market value.
The Planning Commission was supportive of either the 825 or 1,125 square foot closure area depending on the
Council’s decision whether to include an easement for a potential future sidewalk. The Commission forwarded a
unanimous positive recommendation to the City Council.
Current encroachment area outlined in yellow.
Proposed boundary shown in red.
Goal of the briefing: To review the proposed street closure, address questions Council Members may
have and prepare for a public hearing.
Page | 3
POLICY QUESTIONS
1. Is the Council supportive of closing the subject section (park strip) of H Street?
2. If so, does the Council support closing the larger, 1,125 square foot or smaller 825 square foot area?
ADDITIONAL INFORMATION
Attachment D of the Administration’s transmittal (pages 25-26) is an analysis of factors related to the City’s
street closure policy. A summary is provided below. For the complete analysis, please refer to the transmittal.
It is the policy of the City Council to close public streets and sell the underlying property.
The Council does not close streets when the action would deny all access to other
property.
o Finding: The proposed vacation would not deny vehicular or pedestrian access to any adjacent
properties.
The general policy when closing a street is to obtain fair market value for the land,
whether the abutting property is residential, commercial or industrial.
o Finding: The City would give up ownership of this property and obtain fair market value for
sale of the property to the applicant.
There should be sufficient public policy reason that justify the sale and/or closure of a
public street and it should be sufficiently demonstrated by the applicant that the sale
and/or closure of the street will accomplish the stated public policy reasons.
o Finding: The proposed right-of-way vacation does not conflict with the Avenues Master Plan,
but does not result in a direct public benefit as outlined in the Salt Lake City Urban Design
Element. However, the Administration stated the property isn’t needed for a public purpose and
the City will benefit from the land sale, proceeds from which will go to the General Fund.
The City Council should determine whether the stated public policy reasons outweigh
alternatives to the closure of the street.
o Finding: Alternatives to the requested vacation maintain City ownership and require the
applicant to enter into a lease agreement for the encroachment, or relocate the existing fence
and landscaping in the park strip area. Planning staff found the right-or-way is very wide in this
portion of the upper Avenues, which does not experience significant traffic volume. They
suggest it is unlikely this portion of H Street will ever need to be widened. In addition, the City
would reserve a 6 foot section in the event a sidewalk is constructed at some point. Aerial
images show improvements encroached into this area for at least 20 years. The City now has an
opportunity to benefit financially from this occupation.
PUBLIC PROCESS
A notice of the petition and request for review was emailed to the Greater Avenues Community Council
Chair August 10, 2018. No response was received.
Letters were mailed to nearby property owners and tenants August 10, 2018. One inquiry was received
by Planning staff, but no comment was provided.
The Planning Commission held a public hearing April 10, 2019. No public comments were provided at
the hearing. The Commission voted unanimously to forward a positive recommendation for the street
closure, with a suggested option to sell the full, originally requested area as noted above.
STREET CLOSURE PROCESS
Street closure process is dictated by Section 10-9a-609.5 Utah State Code which is included below for reference.
10-9a-609.5. Petition to vacate a public street.
Page | 4
(1)In lieu of vacating some or all of a public street through a plat or amended plat in accordance with
Sections 10-9a-603 through 10-9a-609, a legislative body may approve a petition to vacate a public street in
accordance with this section.
(2)A petition to vacate some or all of a public street or municipal utility easement shall include:
(a)the name and address of each owner of record of land that is:
(i)adjacent to the public street or municipal utility easement between the two nearest public street
intersections; or
(ii)accessed exclusively by or within 300 feet of the public street or municipal utility easement;
(b)proof of written notice to operators of utilities located within the bounds of the public street or
municipal utility easement sought to be vacated; and
(c)the signature of each owner under Subsection (2)(a) who consents to the vacation.
(3)If a petition is submitted containing a request to vacate some or all of a public street or municipal utility
easement, the legislative body shall hold a public hearing in accordance with Section 10-9a-208 and
determine whether:
(a)good cause exists for the vacation; and
(b)the public interest or any person will be materially injured by the proposed vacation.
(4)The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or
municipal utility easement if the legislative body finds that:
(a)good cause exists for the vacation; and
(b)neither the public interest nor any person will be materially injured by the vacation.
(5)If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility
easement, the legislative body shall ensure that one or both of the following is recorded in the office of the
recorder of the county in which the land is located:
(a)a plat reflecting the vacation; or
(b)(i)an ordinance described in Subsection (4); and
(ii)a legal description of the public street to be vacated.
(6)The action of the legislative body vacating some or all of a public street or municipal utility easement that
has been dedicated to public use:
(a)operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as
a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public
street or municipal utility easement; and
(b)may not be construed to impair:
(i)any right-of-way or easement of any lot owner; or
(ii)the rights of any public utility.
(7)(a)A municipality may submit a petition, in accordance with Subsection (2), and initiate and complete a
process to vacate some or all of a public street.
(b)If a municipality submits a petition and initiates a process under Subsection (7)(a):
(i)the legislative body shall hold a public hearing;
(ii)the petition and process may not apply to or affect a public utility easement, except to the extent:
(A)the easement is not a protected utility easement as defined in Section 54-3-27;
(B)the easement is included within the public street; and
(C)the notice to vacate the public street also contains a notice to vacate the easement; and
(iii)a recorded ordinance to vacate a public street has the same legal effect as vacating a public street
through a recorded plat or amended plat.
Attachment A
From: Nielson, Paul
Sent: Thursday, September 02, 2021 4:08 PM
To: Fullmer, Brian <Brian.Fullmer@slcgov.com>; Crump, Olga <olga.crump@slcgov.com>;
Garback, Robert <Robert.Garback@slcgov.com>
Page | 5
Cc: Rip, Daniel <Daniel.Rip@slcgov.com>; Finan, Shellie <Shellie.Finan@slcgov.com>
Subject: RE: 538 East 14th Avenue
Apologies to all for my office letting this get stale. In conversations I had with an attorney in my
office who formerly represented Real Estate Services, we agreed that the suggestion made by a
planning commission member to vacate the portion of the street and have the city retain an
access easement behind the fence would be problematic. A public access easement would not
only create the right to use by the public, but also would be an area where the public would have
the right to conduct First Amendment expressive activities. You can imagine how problematic it
would be if members of the public claimed they were being deprived of a right to engage in First
Amendment activities in an area behind a fence.
While I recognize that the planning commission member who suggested the idea of conditioning
the partial street vacation on the city receiving a public access easement was trying to offer a
helpful solution, I would strongly recommend that the council not impose that condition if it
were to approve the partial street vacation for the concerns expressed herein regarding potential
impingement of First Amendment rights.
Thanks.
Paul C. Nielson
Senior City Attorney
801.535.7216
IMPORTANT: E-mail from the City Attorney's Office is likely to contain confidential and privileged
material for the sole use of the intended recipient. The use, distribution, transmittal or re-transmittal
of any such communication is prohibited without the express approval of the City Attorney or a Deputy
City Attorney in writing or by e-mail. If you are not the intended recipient, please contact the sender
and delete all copies.
routed the proposal out for review by City Divisions, Engineering and Transportation both
suggested that they could support the vacation if 6 feet (6’) of width was reserved for a potential
future sidewalk. The applicants agreed to amend their request to accommodate those comments,
resulting in a revised area that measures 16.5 feet wide by 50 feet long, or 825 square feet. This
would require them to remove all fencing and landscaping that falls within 6’ of the back of the
curb on H Street.
At the Planning Commission meeting on April 10th, 2019, Commissioner Lyon made a motion to
make a positive recommendation to Council to approve the street vacation. He added a request
that Council and Staff explore the option of vacating the entire area of encroachment (1,125
square feet versus 825 square feet), and placing an easement over the area where the City would
like to reserve the right to build a sidewalk in the future. Under this scenario, the existing fencing
and landscaping could remain in place until the City chose to add a sidewalk along the west side
of H Street. Commissioner Lyon indicated that if this easement option was found to be
unfeasible, the Commission supported the original requested vacation area of 825 square feet.
If approved by the City Council, 825 – 1,125 square feet of the park strip would be vacated,
declared surplus property, and sold to the applicants for a fair market value. The subject property
and adjacent lots are zoned SR-1A Special Development Pattern Residential District with the
exception of Kay Rees Park to the north, a City-owned park that is zoned FR-3 Foothills
Residential District.
MASTER PLAN POLICIES
The proposal’s compliance with applicable City master plans are evaluated on page 3 of the
Planning Commission Staff Report (Exhibit 4B). The Avenues Master Plan (1987)does not
include any specific policies related to street vacations or the sale of City-owned property to
private property owners, but a section on Bicycle Paths and Pedestrian Circulation identifies all
of H Street as a potential urban trail corridor. Staff finds that the amended request to allow for
the potential future construction of a sidewalk on the west side of H Street is in accordance with
objectives outlined in the Master Plan.
The Salt Lake City Urban Design Element (1990) includes a section titled Street as Elements of
Open Space, with a Policy Concept that states, “Decline to vacate streets, alleys, and other public
right-of-way unless it is demonstrated that the vacation will result in a public benefit.” Though
this proposal does not violate public policies, it does not have a stated public benefit. However,
the property isn’t needed for a public purpose, and the City would benefit financially from the
sale of the land—proceeds would be placed in the General Fund.
PUBLIC PROCESS:
A notice of petition and request for review was emailed to the Greater Avenues
Community Council Chair on August 10
th, 2018. No response was received.
Letters were mailed to nearby property owners and tenants on August 10th, 2018. One
inquiry was received, but no comment was provided.
The Planning Commission held a public hearing on April 10th, 2019, and voted
unanimously to forward a recommendation to vacate the subject area. No public
comments were provided at the hearing.
RELEVANT ORDINANCES:
Utah State Code §10-9a-609.5 establishes the power for cities to vacate streets upon the
request of the governing body of a property owner.
The decision to vacate a street is a matter committed to the legislative discretion of the City
Council and is not controlled by any one standard. The City Council adopted a street closure
policy in 1999. These policies were evaluated in the Planning Commission Staff Report and
considered by the Planning Commission. Analysis and Findings can be found on pages 2-3 and
9-10 of the Staff Report dated April 10th, 2019 (Exhibit 4B).
EXHIBITS:
1. Ordinance
2. Project Chronology
3. Notice of City Council Hearing
4. Planning Commission – April 10th, 2019 Public Hearing
A) Public Hearing Notice
B) Staff Report
C) Agenda and Minutes
5. Original Petition
TABLE OF CONTENTS
1. ORDINANCE
2. PROJECT CHRONOLOGY
3. NOTICE OF CITY COUNCIL HEARING
4. PLANNING COMMISSION – APRIL 10, 2019 PUBLIC HEARING
A. PUBLIC HEARING NOTICE
B. STAFF REPORT
C. AGENDA AND MINUTES
5. ORIGINAL PETITION
1. ORDINANCE
2. PROJECT CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2018-00561
August 1, 2018 Petition PLNPCM2018-00561 assigned to Ashley Scarff, Principal
Planner, for staff analysis and processing.
August 10, 2018 Email sent to Recognized Community Organizations informing them of
the petition.
August 10, 2018 Letters sent to nearby property owners and tenants informing them of the
petition.
March 27, 2019 Planning Commission hearing notices posted on City and State websites
and Planning Division list serve.
March 29, 2018 Public hearing notice sign posted on property.
April 10, 2019 Planning Commission reviewed the petition and held a public hearing.
The commission voted unanimously to send a positive recommendation to
the City Council.
April 24, 2019 Ordinance requested from City Attorney’s office.
April 29, 2019 Transmittal was sent to the CAN Acting Director for review.
3. NOTICE OF CITY COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2018-00561 Street Vacation –
A request by Justin and Jodi Miller for the vacation of a portion of public right-of-way that abuts
their property at 538 E. 14th Avenue. The purpose of the vacation is to reconcile the location of
fencing and landscaping within the park strip. If approved by the City Council, approximately
825 – 1,125 square feet of the park strip would be vacated, declared surplus property, and sold to
the applicants for a fair market value.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During this hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The hearing will be held:
DATE:
TIME: 7:00 p.m.
PLACE: Room 315
City & County Building
451 South State Street
Salt Lake City, Utah
If you have any questions relating to this proposal or would like to review the file, please call
Ashley Scarff at 801-535-7660 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday or via e-mail at ashley.scarff@slcgov.com.
The City & County Building is an accessible facility. People with disabilities may make requests
for reasonable accommodation, which may include alternate formats, interpreters, and other
auxiliary aids and services. Please make requests at least two business days in advance. To make
a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-
7600, or relay service 711.
4. PLANNING COMMISSION
A. PUBLIC HEARING NOTICE
4. PLANNING COMMISSION
B. STAFF REPORT
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-5357757 FAX 801-535-6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY & NEIGHBORHOODS
Staff Report
To: Salt Lake City Planning Commission
From: Ashley Scarff, (801) 535-7660or ashley.scarff@slcgov.com
Date: April 10
th, 2019
Re: PLNPCM2018-00561: Street Vacation (park strip) near 14
th Avenue & H Street
Street Vacation
PROPERTY ADDRESS: 538 E. 14th Avenue (address of applicant)
MASTER PLAN: Avenues Master Plan
ZONING DISTRICT: SR-1A Special Development Pattern Residential District
REQUEST: Justin and Jodi Miller, owners of 538 E. 14th Avenue, are requesting that Salt Lake City
vacates a portion of public right-of-way (park strip) that abuts their property. In 2006, the applicants
received a Revocable Permit from the City that allowed them to replace a fence that encroached into
the right-of-way on the east side of their lot—the permitted encroachment was cost-free and good for
ten (10) years. When the permit expired, the applicants found that the City had changed the policy
related to encroachments onto public property, and would now charge them to lease the right-of-way.
Instead of entering a lease agreement, the applicants chose to request that the City vacate and sell the
area of encroachment. If approved by the City Council, approximately 850 square feet of the park strip
would be vacated, declared surplus property, and sold to the applicants for a fair market value. The
subject property and adjacent lots are zoned SR-1A Special Development Pattern Residential District
with the exception of Kay Rees Park to the north, a City-owned park that is zoned FR-3 Foothills
Residential District.
RECOMMENDATION: Based on the information in this staff report, Planning Staff recommends
that the Planning Commission forwards a positive recommendation to City Council for the request to
vacate this portion of right-of-way adjacent to 538 E. 14th Avenue.
ATTACHMENTS:
ContextMaps
SitePhotographs
Application Materials
Analysis of Standards
Public Process and Comments
Department Review Comments
1
BACKGROUND
In the submitted narrative (Attachment C), the applicants claim that in 2004 when they purchased
their home at 538 E. 14th Avenue there was a chain-link fence installed near the southeast corner of the
lot. In 2006, they applied for a building permit to replace the chain-link fence with a cedar fence. It
was at this time that they learned that the fenced-off area in their yard included a portion of City-owned
right-of-way. They were directed to apply for, and were granted, a Revocable Permit to legalize the
encroachment. The permit was good for a ten (10) year period and there were no costs associated with
it.
In the spring of 2018, City Real Estate
Services staff realized that the Millers’
Revocable Permit had expired, and
notified them that they needed to renew
it. By this time, the City had changed
their policy, and had begun to charge
residents to lease portions of the right-
of-way for encroachments. The Millers
chose to request that the City vacate and
sell them the portion of right-of-way that
they occupy, rather than enter a lease
agreement for it.
SCOPE OF REQUEST:
The applicants are requesting the
vacation of a portion of park strip that
abuts their property at 538 E. 14th
Avenue. Existing improvements (6-foot
fence, landscaping)currently occupy an
area that measures approximately 23
feet wide by 50 feet long, or about 1,150
square feet. When Planning Staff routed
the proposal out for review by City
Divisions, Engineering and
Transportation both suggested that they could support the vacation if 6 feet (6’) of width was
reserved for a potential future sidewalk. The applicants agreed to amend their request to
accommodate those comments, resulting in an area that measures approximately 17 feet wide by 50
feet long, or about 850 square feet. If the vacation is approved by the City Counciland the City sells
the property, the applicants would need to remove all fencing and landscaping that falls within 6’ of
the back of curb on H Street.
On this section of H Street, the right-of-way is approximately 84 feet wide, measured from front
property line to front property line(the street itself is approximately 32 feet wide). There is a nearly
continuous sidewalk on the east side of H Street for many blocks, but almost no sidewalks present on
the west side of the street. The area is not part of a subdivision. If approved by Council, the applicant
will be required to pay fair market value for the land. At the time that this report was published, Salt
Lake City’s Real Estate Services Division (part of Housing and Neighborhood Development)
estimated that 850 square feet of City-owned property would cost $23,995.50 ($28.23/sf).
KEY CONSIDERATIONS:
Important considerationslisted below have been identified through the analysis of the project.
1.Utah State Code:Section 10-9a-609.5 of the Utah Code Annotated establishes the power for
cities to vacate streets upon the request of the governing body or a property owner. The City
Council must determine that good cause exists for the vacation, and neither the public interest
nor any person will be materially injured by the vacation. Aerial imagery shows that
Current area of encroachment
Proposed edge of vacation(approx.)
17 ft.
6 ft.
2
encroachments consisting of accessory structures and fencing have existed in this portion of
right-of-way since at least 1999. Owners of 538 E. 14th Avenue have been utilizing this area that
is fenced off from public use for at least 20 years, and Staff finds that a transfer to private
ownership would not be detrimental to public interest, especially since it would result in the
applicant compensating the City for the property at a market rate.
2.City Council Policies: In 1999, the City Council adopted a street closure policy, which
applies to street vacations. See Attachment D.
3.City Master Plans: The Avenues Master Plan (1987) does not include any specific policies
or action items related to street vacations or the sale of City-owned property to private property
owners. A section on Bicycle Paths and Pedestrian Circulation identifies all of H Street as a
potential urban trail corridor, which the plan describes as bicycle paths and/or pedestrian trails
that provide access to schools, parks, and open space amenities in the community, as well as
major nearby destinations like the State Capitol, downtown, and Ensign Peak. The plan states
that these corridors should receive priority for sidewalk installation or improvement.
Currently, much of the east side of H Street contains sidewalks, while not many exist on the
west side of the street. Even so, the applicants have agreed to amend the original vacation
request to accommodate a potential future sidewalk on the west side of H Street—Staff finds
that the amended request supports this section of the Avenues Master Plan.
The Salt Lake City Urban Design Element (1990) includes a section titled Street as Elements
of Open Space, with a Policy Concept that states, “Decline to vacate streets, alleys, and other
public right-of-way unless it is demonstrated that the vacation will result in a public benefit.”
Though this proposal does not violate public policies, it does not have a stated public benefit.
However, the property isn’t needed for a public purpose, and the City would benefit financially
from the sale of the land—proceeds would be placed in the General Fund.
DISCUSSION:
The proposal has been reviewed according to Utah State Code, the City Council policies regarding
street closures (Attachment D), and applicable city master plans, and staff finds that although there
are no public policies that will be explicitly accomplished with the partial street vacation, it does not
violate any public policies. Further, the city will benefit financially from the sale of the property to the
applicant.
NEXT STEPS:
With a recommendation of approval or denial of the street vacation from the Planning Commission,
the proposal will be sent to the City Council for a final decision by that body.
3
ATTACHMENT A: CONTEXT MAP
14th Ave.
Kay Rees Park
Applicants’
property
4
ATTACHMENT B: SITE PHOTOGRAPHS
View of subject area from the north—if vacation is approved, applicants
would need to remove all encroachments that fall within 6 feet of the back
of curb.
View of subject area from the south
5
ATTACHMENT C: APPLICATION MATERIALS
6
7
8
ATTACHMENT D: ANALYSIS AND FINDINGS
In 1999, the City Council adopted a street closure policy that includes the following
provisions:
1. It is the policy of the City Council to close public streets and sell the
underlying property. The Council does not close streets when the action
would deny all access to other property.
Analysis: The portion of right-of-way that the applicants have requested the City vacate
does not contain any vehicular access ways—it is a part of the park strip that has been
surrounded by a 6-foot fence for at least 10 years.
Finding: The proposed vacation would not deny vehicular or pedestrian access to
any adjacent properties.
2. The general policy when closing a street is to obtain fair market value
for the land, whether the abutting property is residential, commercial
or industrial.
Analysis: If approved by the City Council, approximately 850 square feet of right-
of-way would be declared surplus and sold at a fair market value to the applicant.
Finding: The City would give up ownership of this property and obtain fair market
value for the sale of the property to the applicant.
3. There should be sufficient public policy reasons that justify the sale
and/or closure of a public street and it should be sufficiently
demonstrated by the applicant that the sale and/or closure of the street
will accomplish the stated public policy reasons.
Analysis: As outlined in the ‘Key Considerations’ section above, the Avenues
Master Plan (1987) does not include any specific policy direction when it comes to
the vacation of City-owned right-of-ways. However, H Street is identified as a
potential urban trail corridor, meant to facilitate bicycle and pedestrian connections
throughout the community. Staff finds that the amended request, which provides
adequate space for the City to construct a sidewalk in the future, supports this
section of the Master Plan.
The Salt Lake City Urban Design Element (1990) indicates that the City should
decline to vacate right-of-ways unless it will result in a public benefit. While there is
no direct public benefit that would be gained, the City would benefit financially from
the sale of the property to applicant.
Finding: The proposed right-of-way vacation does not conflict with the Avenues
Master Plan but does not result in a direct public benefit per the Salt Lake City
Urban Design Element. However, the property isn’t needed for a public purpose and
the city would benefit from the sale of the land the proceeds from which would go
into the General Fund.
4. The City Council should determine whether the stated public policy
reasons outweigh alternatives to the closure of the street.
Analysis: As an alternative to the proposal, the City and applicant could enter into
9
a lease agreement for the land occupied by and enclosed by the fencing and
landscaping. All maintenance of the subject property would be by the lessee (the
applicants) subject to required permits for any work. In exchange for exclusive use of
the subject property, the lessee (the applicants) would be required to pay annual rent
based on fair market value.
A second alternative is for the applicants to remove the fencing and landscaping
from the public right-of-way. This would involve re-locating the fence so that it is
entirely on private property, and landscaping the park strip in a way that complies
with the Zoning Ordinance.
Finding: Alternatives to the requested vacation maintain City ownership of the
850 sf portion of public right-of-way and require the applicant to either enter into a
lease agreement for the encroachment or re-locate the fence and landscape the park
strip. From a Planning perspective, Staff finds that the right-of-way is very wide in
this portion of the upper Avenues, which doesn’t experience a lot of vehicular traffic.
For these reasons, it is highly unlikely that this portion of H Street will ever need to
be widened. In addition, 6 feet (6’) of width would be reserved in case the City ever
decides to construct a sidewalk on the west side of the street. Aerial imagery shows
that there have been improvements that encroach into/prevent access to the public
right-of-way in this area for 20+ years, and the City now has an opportunity to
benefit financially from this occupation.
10
ATTACHMENT E: PUBLIC PROCESS AND COMMENTS
Public Notice & Comments
August 10, 2018 – Notice of the project was provided to the Greater Avenues Community
Council Chair. No response was received.
o On this date, letters were also mailed to property owners and residents within a 300
foot radius of the site. One neighbor called with general questions about the street
vacation process, but he did not provide any comments.
March 27, 2019 – Public hearing notices mailed for the Planning Commission meeting /
Notice also posted on City & State web sites and emailed to Planning Division list serve
March 29, 2019 – Public hearing notice sign posted at subject property
At the time that this report was published, no other public comments had been received. If
any are submitted after this date, they will be forwarded to the Commission and included in
the public record.
11
ATTACHMENT F: DEPARTMENT REVIEW COMMENTS
Real Estate Services: The only comment RES has is the fee. Since this process takes a while to
complete, we will be selling the land at current market value at time of disposition. Right now the 850
sq. ft. of land has an approximate value of $28.23 per sq. ft. compared to 2017 at $25.02.
Engineering / Transportation: Both of these Divisions commented that they would advise
against selling land that would preclude ever having a public sidewalk run in the park strip to the east
of the subject property. Both were comfortable with the vacation if 6 feet (6’), measured from the
back of curb, was reserved for this purpose. The applicant agreed to reduce the requested area to be
vacated by a 6’ width.
Public Utilities: Planning Staff asked Public Utilities the
feasibility of vacating the entire length of park strip on the east
side of the subject property vs. only vacating the current area of
encroachment. They indicated that the entire length of park
strip cannot be vacated due to the existence of a water main
that runs through the corner (can be seen in exhibit to right).
Public Utilities has no concerns with vacating the 850 sf of area
described in this staff report.
Zoning: No comments received.
Fire: No comments received.
12
4. PLANNING COMMISSION
C. AGENDA AND MINUTES
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
In Room 326 of the City & County Building
April 10, 2019, at 5:30 p.m.
(The order of the items may change )
FIELD TRIP - The field trip is scheduled to leave at 4:00 p.m.
DINNER - Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in
Room 126 of the City and County Building. During the dinner break, the Planning
Commission may receive training on city planning related topics, including the role and
function of the Planning Commission.
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM IN ROOM 326
APPROVAL OF MINUTES FOR MARCH 27, 2019
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
PUBLIC HEARINGS
1. Street Vacation at 538 E. 14
th Avenue A request by Justin and Jodi Miller for the vacation
of a portion of public right-of-way that abuts their property at 538 E. 14 th Avenue. The purpose
of the vacation is to reconcile the location of fencing and landscaping within the park strip. If
approved by the City Council, approximately 850 square feet of the park strip would be
vacated, declared surplus property, and sold to the applicants for a fair market value. The
subject property is zoned SR-1A (Special Development Pattern Residential District) and is
located in Council District 3, represented by Chris Wharton. (Staff Contact: Ashley Scarff at
(801) 535-7660 or Ashley.scarff@slcgov.com) Case number PLNPCM2018-00561
2. Conditional Use for a Group Home at 661 E 100 S - A request by The Other Side Academy
to operate a large group home at the above listed address. The site would be part of The
administrative and educational functions, as well as sleeping rooms for 164 individuals within
the existing building. The subject property is located in the RMF-45 (Moderate/High Density
Multi-Family Residential) zoning district within Council District 4, represented by Ana
Valdemoros. (Staff contact: Mayara Lima at 801-535-7118 or mayara.lima@slcgov.com)
Case number PLNPCM2019-00104
The files for the above items are available in the Planning Division offices, room 406 of the City and County Building. Please
/planning for copies of the
Planning Commission agendas, staff reports, and minutes. Staff Reports will be posted the Friday prior to the meeting and
minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the
Planning Commission. Planning Commission Meetings may be watched live on SLCTV Channel 17; past meetings are recorded
and archived, and may be viewed at www.slctv.com. The City & County Building is an accessible facility. People with disabilities
may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids
and services. Please make requests at least two business days in advance. To make a request, please contact the Planning
Office at 801-535-7757, or relay service 711.
Salt Lake City Planning Commission April 10, 2019 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING
City & County Building
451 South State Street, Room 326, Salt Lake City, Utah
Wednesday, April 10, 2019
A roll is being kept of all who attended the Planning Commission Meeting. The meeting
was called to order at 5:32:06 PM. Audio recordings of the Planning Commission meetings
are retained for a period of time.
Present for the Planning Commission meeting were: Chairperson Maurine Bachman, Vice
Chairperson Sara Urquhart; Commissioners Amy Barry, Adrienne Bell, Weston Clark,
Carolynn Hoskins, Matt Lyon, Andres Paredes, Clark Ruttinger.
Planning Staff members present at the meeting were Nick Norris, Planning Director; Paul
Nielson, Attorney; Ashley Scarff, Principal Planner; Mayara Lima, Principal Planner and
Marlene Rankins, Administrative Secretary.
Field Trip
A field trip was held prior to the work session. Planning Commissioners present were:
Maurine Bachman, Carolynn Hoskins, Clark Ruttinger and Sara Urquhart. Staff members
in attendance were Nick Norris, Ashley Scarff and Mayara Lima.
661 East 100 South Staff gave an overview of the proposal.
Q: Any exterior changes?
A: No
538 East 14th Avenue Staff gave an overview of the proposal.
APPROVAL OF THE MARCH 27, 2019, MEETING MINUTES. 5:33:20 PM
MOTION 5:33:30 PM
Commissioner Lyon moved to approve the March 27, 2019, meeting minutes.
Commissioner Hoskins seconded the motion. Commissioners Lyon, Paredes,
motion passed unanimously.
REPORT OF THE CHAIR AND VICE CHAIR 5:34:02 PM
Chairperson Bachman stated she had nothing to report.
Vice Chairperson Urquhart stated she had nothing to report.
REPORT OF THE DIRECTOR 5:34:13 PM
Nick Norris, Planning Director, informed the commission regarding the City Council
adopting the changes of the Design Review ordinance. Nick clarified what makes a
project eligible and what the process is for the new ordinance changes. He also informed
the commission regarding UTA replacing the track on 400 South and Main Street along
with future projects.
Salt Lake City Planning Commission April 10, 2019 Page 2
5:43:13 PM
Street Vacation at 538 E. 14th Avenue A request by Justin and Jodi Miller for the
vacation of a portion of public right-of-way that abuts their property at 538 E. 14th Avenue.
The purpose of the vacation is to reconcile the location of fencing and landscaping within
the park strip. If approved by the City Council, approximately 850 square feet of the park
strip would be vacated, declared surplus property, and sold to the applicants for a fair
market value. The subject property is zoned SR-1A (Special Development Pattern
Residential District) and is located in Council District 3, represented by Chris Wharton.
(Staff Contact: Ashley Scarff at (801) 535-7660 or Ashley.scarff@slcgov.com) Case
number PLNPCM2018-00561
Ashley Scarff, Principal Planner, reviewed the petition as outlined in the Staff Report
(located in the case file). She stated Staff recommended that the Planning Commission
forward a favorable recommendation to the City Council.
The Commission and Staff discussed the following:
Justin and Jodi Miller, Applicants, reviewed the history of the property and were available
for questions.
PUBLIC HEARING 5:51:33 PM
Chairperson Bachman opened the Public Hearing; seeing no one wished to speak;
Chairperson Bachman closed the Public Hearing.
The Commission, Staff and Applicant discussed the following:
Whether there is a time limit to remove existing encroachments
Clarification on which City division is responsible for monitoring the situation
Discussion was made regarding the existing park strip
Likelihood of adding a sidewalk on the west side of H Street in future
The possibility of adding an easement over the va
right to construct a sidewalk in the future
MOTION 6:00:24 PM
Commissioner Lyon stated, based on the information in the staff report, public
testimony, and discussion by the Planning Commission, I move that the Planning
Commission forward a positive recommendation to the City Council to approve
PLNPCM2018-00561 Street Vacation at 538 East 14 th Avenue and with this
recommendation that staff, and the City Council explore using an easement as an
option.
Staff asked Commissioner Lyon for clarification on the easement request. He
indicated that he would like staff and Council to consider the option of vacating the
entire current area of encroachment but placing an easement over the area that is
wide enough to accommodate the construction of a sidewalk, if the City chooses
to do so in the future.
Salt Lake City Planning Commission April 10, 2019 Page 3
Commissioner Scheer seconded the motion. Commissioners Barry, Scheer,
Hoskins, Bell, Clark, Urquhart, Ruttinger, Paredes and Lyon. The motion passed
unanimously.
Commissioner Lyon stated that the Commission is fine with the request as
originally proposed without the use of an easement, but would like the option to be
explored.
6:02:34 PM
Conditional Use for a Group Home at 661 E 100 S - A request by The Other Side
Academy to operate a large group home at the above listed address. The site would be
accommodate administrative and educational functions, as well as sleeping rooms for
164 individuals within the existing building. The subject property is located in the RMF-45
(Moderate/High Density Multi-Family Residential) zoning district within Council District 4,
represented by Ana Valdemoros. (Staff contact: Mayara Lima at 801-535-7118
or mayara.lima@slcgov.com) Case number PLNPCM2019-00104
Mayara Lima, Principal Planner, reviewed the petition as outlined in the Staff Report
(located in the case file). She stated Staff recommended that the Planning Commission
approve the proposal with the conditions listed in the staff report.
The Commission and Staff discussed the following:
Whether there is a limited number of occupants in the ordinance
Clarification on a large group home definition
Number of people that are currently being accommodated on campus
Tim Stay, Representative of The Other Side Academy, reviewed the history, design
details, and purpose of the Academy.
The Commission and Applicant discussed the following:
Clarification on properties that will be part of the Academy
Staff roles and supervision of residents
Restrictions of travel for residents
Residents average ages
Current number of beds in existing space
Percentage of Residents that graduate from the program
Whether any of the rooms are handicap accessible
Discussion was made whether there are violent residents
PUBLIC HEARING 6:31:35 PM
Chairperson Bachman opened the Public Hearing;
Cindy Cromer Provided history on the surrounding neighborhood.
Salt Lake City Planning Commission April 10, 2019 Page 4
Clay Josewski Stated he is currently a resident and that the academy has given him a
second chance at life.
Andrew Lewis Stated he is a resident at the academy and that it has changed his life
and given him hope to a better future.
Dave Durocher, Managing Director of The Other Side Academy Provided information
regarding how residents opt to join the program.
Seeing no one else wished to speak; Chairperson Bachman closed the Public Hearing.
The Commission and Applicant further discussed the following:
Whether mentoring in a consolidated campus will be beneficial causing less impact
on the community
Cross accountability between the residents
Outdoor spaces for resident use
Whether there are smoking areas designated for residnets
Clarification on history of law enforcement and fire department issues
The Commission and Staff discussed the following:
Knowledge of Mansonian Apartments and the future of the property
Clarification on reasoning for waiving the 800 feet separation
MOTION 6:45:37 PM
Commissioner Bell stated, based on the information presented, and the input
received during the public hearing, I move that the Commission approve the
request for Conditional Use for a Large Group Home at 661 East 100 South, as
presented in petition PLNPCM2019-00104, with the conditions listed in the staff
report.
Commissioner Barry seconded the motion. Commissioners Barry, Scheer,
motion passed unanimously.
The meeting adjourned at 6:47:52 PM.
5. ORIGINAL PETITION
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 8/18/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 8/18/2021
TO:Salt Lake City Council DATE: 8/18/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: City and County Building Conservation and
Use Committee
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: City and County Building
Conservation and Use Committee.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Kathy Davis as a member of the
City and County Building Conservation and Use Committee.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
August 18, 2020
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the City and County Building
Convervation and Use Committee.
Kathy Davis – to be appointed for a term ending July 21, 2025, starting from the date of City
Council advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 8/18/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 8/18/2021
TO:Salt Lake City Council DATE: 8/8/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Police Civilian Review Board
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Police Civilian Review Board
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Chuck Krivanek as a member of
the Police Civilan Review Board.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
August 18, 2020
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Police Civilian Review
Board.
Chuck Krivanek – to be appointed for a term ending Monday, September 2, 2024, starting from the
date of City Council advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation:
STAFF CONTACT:
DOCUMENT TYPE:
Jessi Eagan
jessi.eagan@slcgov.com
Board Appointment Recommendation:
RECOMMENDATION:The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Darlene McDonald as a member
of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Darlene McDonald – to be appointed for a two year term starting from the date of City Council
advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission.
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Verona Sagato-Mauga as a
member of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Verona Sagato-Mauga – to be appointed for a two year term starting from the date of City Council
advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission.
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint MJ Powell as a member of the
Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
MJ Powell - to be appointed for a two year term starting from the date of City Council advice and
consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission.
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Luna Banuri as a member of the
Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Luna Banuri - to be appointed for a two year term starting from the date of City Council advice and
consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation:
STAFF CONTACT:
DOCUMENT TYPE:
Jessi Eagan
jessi.eagan@slcgov.com
Board Appointment Recommendation:
RECOMMENDATION:The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Samantha Eldridge as a member
of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Samantha Eldridge – to be appointed for a one year term starting from the date of City Council
advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation:
STAFF CONTACT:
DOCUMENT TYPE:
Jessi Eagan
jessi.eagan@slcgov.com
Board Appointment Recommendation:
RECOMMENDATION:The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Carol Schifflett as a member of
the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Carol Schifflett - to be appointed for a two year term starting from the date of City Council advice
and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission.
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Arundhati Oommen as a
member of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Arundhati Oommen - to be appointed for a two year term starting from the date of City Council
advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation:
STAFF CONTACT:
DOCUMENT TYPE:
Jessi Eagan
jessi.eagan@slcgov.com
Board Appointment Recommendation:
RECOMMENDATION:The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Steve Johnson as a member of
the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Steve Johnson - to be appointed for a one year term starting from the date of City Council advice
and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission.
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Rev. Dr. France A. Davis as a
member of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Rev. Dr. France A. Davis - to be appointed for a one year term starting from the date of City
Council advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/20201
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission.
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission.
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Olossa Solovi Jr. as a member
of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Olosaa Solovi Jr.– to be appointed for a two year term starting from the date of City Council advice
and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/14/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/14/2021
TO:Salt Lake City Council DATE: 9/14/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Tanya Hawkins as a member of
the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Tanya Hawkins - to be appointed for a two year term starting from the date of City Council advice
and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 9/14/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/14/2021
TO:Salt Lake City Council DATE: 9/14/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Steve Anjewierden as a member
of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Steve Anjewierden - to be appointed for a year term starting from the date of City Council
advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation:
STAFF CONTACT:
DOCUMENT TYPE:
Jessi Eagan
jessi.eagan@slcgov.com
Board Appointment Recommendation:
RECOMMENDATION:The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Moisés Próspero as a member of
the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Moisés Próspero – to be appointed for a one year term starting from the date of City Council advice
and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 9/10/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/10/2021
TO:Salt Lake City Council DATE: 9/10/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation:
STAFF CONTACT:
DOCUMENT TYPE:
Jessi Eagan
jessi.eagan@slcgov.com
Board Appointment Recommendation:
RECOMMENDATION:The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Nicole Salazar-Hall as a member
of the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 10, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Nicole Salazar-Hall – to be appointed for a two year term starting from the date of City Council
advice and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________Date Received: 9/17/2021
Rachel Otto, Chief of Staff
Date Sent to Council: 9/17/2021
TO:Salt Lake City Council DATE: 9/17/2021
Amy Fowler, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT:Board Appointment Recommendation: Racial Equity in Policing Commission
STAFF CONTACT:Jessi Eagan
jessi.eagan@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Racial Equity in Policing
Commission
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Rogelio Romero as a member of
the Racial Equity in Policing Commission.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
September 17, 2021
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, Utah 84114
Dear Councilmember Fowler,
Listed below is my recommendation for membership appointment to the Racial Equity in Policing
Commission.
Rogelio Romero - to be appointed for a one year term starting from the date of City Council advice
and consent.
I respectfully ask your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
Cc: File
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name
Mr.Wharton The people of Utah do not want to be mandated any longer.Masks are fine for
those who choose,but not safe or effective for everyone.We are counting on you to protect
9/15/20218:14 Victoria Manayan our freedoms.All the best,Victoria Manayan Mask Mandate in Schools
9/15/20218:16 Cynthia Roman Please vote NO tonight on masks!Sent from my iPhone Mask Mandate in Schools
Councilman Wharton,I am writing to ask that you please vote NO on extending the mask
mandate.If people want to wear masks or send their children to school masked,they should
be able to do that without subjecting everyone to mask wearing.Thank you for your time,
9/15/20218:18 Diane Zundel Diane Zundel Mask Mandate in Schools
Dear Councilman Wharton,My name is Lee Moss.I am a nurse practitioner and your
constituent.I strongly support Mayor Mendenhall's mandatory mask order for K-12 schools.I
would very much appreciate your support to continue the mask mandate as requested by the
Mayor.Please feel free to contact me with any questions.Thank you very much for your
consideration.Sincerely,Lee Lee Moss,MS,APRN,FNP-BC,ANP-C,FAANP University of Utah,
9/15/20218:19 Lee Moss College of Nursing Adjunct Faculty Mask Mandate in Schools
Mr.Wharton:Please vote NO on extending the mask mandate tonight!Your constituency is
expecting you to protect our liberty and freedom-which is paramount to our society.Thank
9/15/20218:21 Rebecca Colley you,Rebecca Colley Constituent Mask Mandate in Schools
12:36 PM 9/21/2021 Page 1
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
To:Chris Wharton and the Salt Lake City Council Please extend Mayor Mendenhall's mask
mandate.All of the current and available data show that it has significantly helped keep Salt
Lake City School District safer,with more kids in-person and less kids with covid.Even with
hundreds of unverified/yet-to-be reported cases in other districts in Salt Lake County,namely
the Granite and Jordan school districts,Salt Lake City numbers have been accurate and lower
(in part,because it is the only district in the county with a dedicated covid team to help the
health department contact trace and verify attendance records).My kids have been happy,
healthy,and in school,and every single student,teacher,administrator,and parent with
whom I've spoken at our two SLCSD schools are thrilled with Mayor Mendenhall's mask
mandate for all schools,and are hoping that it continues as we weather this current surge.
Even outside of the schools,and even while walking home,many kids and parents are willingly
wearing masks.And in the classroom,the kids are learning and thriving.I appreciate your
dedication to my children and all of the children in Salt Lake City.Their safety,the wellness of
our city and its healthcare workers,and our hospital systems demand that we implement the
best mitigation strategies available,which are masks in elementary schools and masks and
9/15/2021 8:23 Therese Huhtala vaccinations in our secondary schools.Thank you,Therese Huhtala District 3 Mask Mandate in Schools
Hi,Please say,"No"to the mask mandate at the meeting tonight.Our kids are doing great
without masks.Please don't bring the masks back.Thank you,Shannon Golladay South Jordan
9/15/20218:25 Shannon Golladay --Shannon Golladay Mask Mandate in Schools
9/15/20218:31 Tysen Martin We the people demand you vote no!Sent from my iPhone Mask Mandate in Schools
I urge you not to extend the mask mandate.In peer reviewed studies from the CDC,and many
other respected medical associations,masks have been shown to be ineffective.If you honor
your own freedom and that of your constituents,you will not extend this ascientific mandate.
9/15/20218:33 DI Cooper #trustthescience Sent from ProtonMail mobile Sent from ProtonMail mobile Mask Mandate in Schools
There is a ground swell of public sentiment AGAINST masks.I'm sorry.Nationwide and
statewide there is no support for it.The media is missing this.I notice many of you are up for
re-election.I am sure many of you will find out just how much this measure is unpopular
should you choose to extend it,no matter how good of a job you are doing otherwise.Thank
9/15/2021 8:35 Adam 12 trees you for your work on our behalf.Adam 12 Mask Mandate in Schools
12:36 PM 9/21/2021 Page 2
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name
Dear councilmember;I urge you to NOT extend the mask mandate.This is a false peace.
Jeremiah 8:11 Peace,Peace,when there is no peace.Isaiah 10:1 Woe to those who decree
9/15/20218:36 Rob Scranton iniquitous decrees.Sent from my iPhone Mask Mandate in Schools
As a longtime Salt Lake City resident I don't want anymore mask mandates.And neither do
most of my neighbors.Don't extend it.We're fed up.Survivability rates are very high for
COVID.Even among the elderly.I know.My husband and I both had it and we came through
just fine.It's not constitutional under state law or federal law it will be probably be challenged
9/15/2021 8:37 Rachael Yansen this time around.SB 195 was worked around for this.Please stop it.Sincerely R Yansen Mask Mandate in Schools
Dear councilmember;I urge you to NOT extend the mask mandate.Thank you!!Brandon
9/15/2021 8:39 Brandon Stoddard Stoddard Mask Mandate in Schools
Dear Mr.Wharton,My husband and I are very grateful that the board has not mandated
masks for our children and the county.The research is clear,it's not healthy on many levels.
Also,please keep in mind what Benjamin Franklin once said,"Any society that will give up a
little liberty to gain a little security will deserve neither and lose both."Thank you,Jolene
9/15/2021 8:41 Jolene Phelps Phelps South Jordan,UT Mask Mandate in Schools
Dear councilmember;I urge you to NOT extend the mask mandate.This is a false peace.
Jeremiah 8:11 Peace,Peace,when there is no peace.Isaiah 10:1 Woe to those who decree
9/15/2021 8:42 Kellie Martenson iniquitous decrees.Sincerely,Kellie Martenson Herriman Utah Sent from my iPhone Mask Mandate in Schools
Dear councilmember;I urge you to NOT extend the mask mandate.This is a false peace.
Jeremiah 8:11 Peace,Peace,when there is no peace.Isaiah 10:1 Woe to those who decree
9/15/2021 8:46 Colten Hood iniquitous decrees. Mask Mandate in Schools
Dear Councilmember,Thank you for your dedicated service to our community and the great
State of Utah!As a doctor,I urge you NOT to extend the mask mandate for the sake of the
public's mental health and wellbeing.Doing otherwise is acting in false peace."Peace,Peace,
when there is no peace."(Jeremiah 8:11)"Woe those who decree iniquitous decrees."(Isaiah
9/15/2021 8:47 Jeff Matson 10:1)Regards,Dr.Jeff Matson D.C. Mask Mandate in Schools
12:36 PM 9/21/2021 Page 3
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name
went to the Salt Lake County meeting for mask mandates.A prominent SLC Doctor spoke.He
was very much against mask mandates.Many,if not most SLC residents are sick of these
mandates.Mayor Mendenhall is incorrect with her numbers.Be aware many SLC residents will
9/15/20218:48 Anonymous Constituent be very upset if this occurs.And will say it with votes.Respectfully Dee Mask Mandate in Schools
Please don't extend the mask mandate.14%of Utah small businesses FAILED last year.Covid
and the mandates hurt our economy.When people lose businesses,jobs and money,they
9/15/2021 8:50 Byron Yensen vent.Unfortunately on the public officials.Thank you-- Mask Mandate in Schools
Dear Councilmember,Please vote NO on extending the mask mandate.1.Masks short of a
military gas mask or medical fresh air apparatus do absolutely nothing to prevent transmission
of any virus.2.Mandates,masks or otherwise,are tyrannical and whether you realize it or
not,they are being used to promote an un-American and fallacious agenda.3.Furthermore,
indoctrinating children in a lie(masks)is pure evil and you will be held accountable by God for
your actions.V/R MSgt Crawford,USAF ret.Weapons Specialist,Disaster Preparedness,
9/15/2021 8:51 Toby Crawford Chemical,Biological,Nuclear Warfare. Mask Mandate in Schools
To:Wharton,Chris Subject:(EXTERNAL)Masks Good morning Mr Wharton,Please vote no on
9/15/2021 8:53 Lode Gambino the mask mandate.Laurie and Ben Gambino 84020 Mask Mandate in Schools
Amy,I just want to let you know that I support continuing the mask mandate is SLC schools.
9/15/2021 9:57 Jennifer Horowitz Jen Horowitz Mask Mandate in Schools
Hi,Please do not extend the mask mandate.Do not make medical choices for other people.
We have the right to choose our own medical interventions.Thank you,Megan Sent from my
9/15/2021 9:59 Megan Johnson iPhone Mask Mandate in Schools
Chris,Diane Zundell(who has also sent an email and contacted other CMs)would like you to
vote no to the mask mandate.She thinks that if others want to wear a mask,that is fine,but
9/15/2021 13:23 Diane Zundel we shouldn't require everyone to do so. Mask Mandate in Schools
Hi Chris,Rebecca Collie would like you to vote no to the mask mandate.She believes it is
unconstitutional,unnecessary,and has caused her kids and grandkids a lot of anxiety and
suicidal thoughts.She expects the people who represent her to vote no to the
9/15/2021 13:24 Rebecca Colley unconstitutional mask mandate. Mask Mandate in Schools
12:36 PM 9/21/2021 Page 4
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name
Hi Chris,This caller would like you to not extend the mask mandate(he called several CMs).
He has two kids in the district and they both come home from school crying about wearing the
masks..The caller says that if the mandate stays in place,he will have to pull his children out
9/15/2021 13:25 Anonymous Constituent of school. Mask Mandate in Schools
Chris,This message is from Shawn Robinsoncalling to express his support for the mask
9/15/2021 13:28 Shawn Robinson mandate. Mask Mandate in Schools
I am a parent of two public school aged children and a public school volunteer.I respectfully
beg and beseech the members or the council to vote to maintain a mask mandate.While
admittedly not perfect,the use of masks is the best non-invasive method of reducing the
spread of this virulent virus.Our school aged kids need to be in school to fend off declines in
learning and adverse emotional and mental health.Masks will help keep kids healthy and
schools open.They are in the public interest just like speed limits and non-smoking areas.
9/15/2021 14:44 Alonzo Huntsman Please,please vote to mandate their usage.Alonzo Huntsman,PhD Mask Mandate in Schools
Greetings,We are in support of our fellow community members Save The Utah Pantages
Theater and demand that you all support the SLC landmark application.Also that the mayor
and slc council fire RDA director Danny Walz&Deputy director Tammy Hunsaker.The RDA
had lied to the people and they have known that the theater was historic since 2018 and
never told anyone or submitted it as a historic landmark.We also demand that the mayor and
city council,and RDA must cancel the corrupt Hines/Laselle deal.There was no transparency
with the community and the RDA hid information and inflated restoration costs behind closed
doors without the public knowing.Accept the Utah Pantages Theater as a historic landmark.
9/15/2021 15:54 Brown Berets Thank you,-Rose Park Brown Berets Utah Theater
I'm a parent of two children attending Whittier Elementary.The mask mandate was the only
reason I felt comfortable sending them back to school this year.Please extend the mask
9/15/2021 15:55 Jennie Stevens mandate! Mask Mandate in Schools
Please continue to extend the mask mandate in the SLC school district.My little 5 year Owen
is a high risk kid and I am only sending him to school because there is a mask mandate.Please
9/15/2021 15:56 Tiffanie Knight continue to help protect my child and others.Thank you,Tiffanie knight Mask Mandate in Schools
12:36 PM 9/21/2021 Page 5
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name
Dear City Council Members,Please extend the Mayor's mask mandate for K-12 schools in the
city.Follow the science and the numbers,but know from us parents that this is giving us more
peace of mind that in person school can continue to work well with greatly reduced risk for
our kids.Thank you for considering this comment and opinion.Sincerely,Kirk Huffaker and
9/15/2021 15:57 Kirk Huffaker Kristie Thompson-Huffaker District 7 Mask Mandate in Schools
I am writing in support to keeping the mask mandate in schools.It is insanity to consider
repealing it now when our numbers only continue to rise in kids and our testing is increasingly
difficult to access.We need to have masks in place for our kids.Please keep the mandate in
9/15/2021 15:59 Stephanie Cheng place.Thank you,Stephanie Cheng Salt Lake City Mask Mandate in Schools
To whom it may concern:I am a parent of a freshman at Highland High and I implore you to
PLEASE extend the mask mandate for Salt Lake City schools!The health of our students,staff
9/15/2021 16:11 Shelby Herrod and families must be top priority.Thank you,Shelby Herrod Mask Mandate in Schools
Dennis,This person called to ask you vote no to the mask mandate.They believe it is
9/15/2021 17:00 Anonymous Constituent unnecessary and unconstitutional and it violates citizens'rights. Mask Mandate in Schools
Dennis,Diane Zundell(who has also sent an email and called all other CMs)would like you to
vote no to the mask mandate.She thinks that if others want to wear a mask,that is fine,but
9/15/2021 17:01 Diane Zundel we shouldn't require everyone to do so. Mask Mandate in Schools
Hi Dennis,Rebecca Collie would like you to vote no to the mask mandate(she called multiple
CMs).She believes it is unconstitutional,unnecessary,and has caused her kids and grandkids a
lot of anxiety and suicidal thoughts.She expects the people who represent her to vote no to
9/15/2021 17:01 Rebecca Colley the unconstitutional mask mandate. Mask Mandate in Schools
Dennis,This caller would like you to not extend the mask mandate(he called several CMs).He
has two kids in the district and they both come home from school crying about wearing the
masks.The caller says that if the mandate stays in place,he will have to pull his children out of
9/15/2021 17:02 Anonymous Constituent school. Mask Mandate in Schools
Dennis,Jolene Phelps,from South Jordan,UT,(previously sent an email)called last night to
ask you vote no on the mask mandates"because they do not work and are not a healthy
9/15/2021 17:03 Jolene Phelps thing." Mask Mandate in Schools
12:36 PM 9/21/2021 Page 6
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
I am a concerned parent just like any other parent that messages you guys.I'll share one
thought and you can take it for what it is worth.It is not to be crude,but it is simply to prove a
point.The human mouth is dirtier than our anus.That is a scientific fact.Do you know anyone
that would go around breathing in anus air all day,or for 6 hours a day,or 8 hours a day?I bet
you could not find anyone that would agree with that.So why would we require our kids of all
people to re-breath in so much of the garbage they exhale each day?If the mouth is dirtier
than the anus then why keep that stuff stuck at our mouth and nostrils instead of exhaling it
like we are designed to do.We keep the junk close to us?It is wrong.I hope you get the point.
Please don't mask our kids.Take it to God please and ask Him if it is the right thing to do.He
loves kids.He will direct you with wisdom.The above is a small example but I don't see the
wisdom in doing this to our kids.With that example,it seems insane to me and then to slap
9/16/2021 8:18 Jason Keetch the name of for your safety to it takes it to a whole other level of wrong.Thanks Jason Mask Mandate in Schools
Hello Mr.Rogers,Thank you for serving our community.Please reconsider your position on
the mask mandate upon expiration of the current order.Below is a link to a recent AP article
regarding mask:https://apnews.com/article/lifestyle-health-media-social-media-coronavirus-
pandemic-cb9d23a531ed796aa684e62b9972eea4 Unfortunately,youth deaths are currently
happing across the US with many linked to Covid exposure from their schools.These deaths
will bring heartache to their families and officials linked to their exposure along with costly
litigation.We must do all that can be done to protect the unvaccinated.Please make it your
responsibility to insure children in your district areas safe as possible.Support the mask
9/16/2021 10:23 Mark Payne mandate.Kind regards,Mark Payne Mask Mandate in Schools
Hi Elizabeth!I do support masks in schools,BUT I actually reached out to the council about a
HUGE CONDOMINIUM(12 story)DEVELOPMENT proposed in the University Historical District
AT UNIVERSITY STREET BETWEEN 2nd&3rd SOUTH.The developers may already have met
with the SLC council on this issue and I WANT TO MAKE SURE THE SLC COUNCIL IS AWARE OF
MY CONCERN AND SERIOUS OBJECTION TO THIS PROJECT.If this e-mail is not the appropriate
vehicle to communicate about an issue not officially before the council,please advise me what
9/16/2021 15:17 Karen Nelson I should do,Thank you,Karen Mask Mandate in Schools
12:36 PM 9/21/2021 Page 7
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name
Councilmembers,Please see the attached comments from the Disability Law Center.Please do
not hesitate to reach out if you have any questions or concerns.Thank you.--Nate Crippes
9/16/2021 16:27 Nate Crippes *See Corresponding Attachment* Mask mandate
Nice-could you have made the print any smaller and make it impossible to enlarge doc?I'd be
9/16/2021 16:29 Judy Dencker up for a"try again". Racial Equity
9/16/2021 16:30 Kathy Yeates This bill is racist to the core. Racial Equity
Our family opposes this expansion of supportive services in the neighborhood we call home.
While we as a community are not blind to the needs of the most vulnerable in our city,but
Central 9th/Ballpark already host two adult and one youth homeless shelters.We do not
believe our neighborhoods can sustain an additional one;the corridor along State Street and
the TRAX Station at 900 S remain a challenge to keep free of violence,syringes and human
waste-we know the City tries its best but it just isn't possible to maintain the public space
9/16/2021 16:31 David Young with so many troubled people concentrated in such a small area.--dave Homelessness
Constituent called in to support the mask mandate in schools.She states that it is the only
reason they sent their children back to school and sees masks as mandatory for saftey
9/16/2021 16:40 John Doe considering the rising COVID numbers in school age children. Mask Mandate in Schools
9/16/2021 16:49 John Doe Constituent called in to express support for the mask mandate in SLC. Mask mandate
Constituent called in to express support for the mask mandate in elementary schools,where
kids cannot be vaccinated.She thinks that it should be extended through the end of the
school year or until kids can get vaccinated considering the number of case in schools that are
9/16/2021 16:53 John Doe not requiring masks. Mask Mandate in Schools
12:36 PM 9/21/2021 Page 8
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
Hi Chris,Unfortunately SLC has a dismal record of historic preservation.So many architectural
treasures have been lost that it boggles the mind.It is these beautiful buildings that make a
city interesting,worth living in and a destination.Shamefully this current administration
continues apace with this reckless behavior.Witness the imminent destruction of one of the
crown jewels in the Pantages Theatre.Stolen from the hands of the citizens before they even
had a chance to gather resources to restore it.Additionally this administration is set to usher
in even greater destruction with current laws that would make it easier and not more difficult
to tear down historic buildings.As pressure expands for development this city is allowing for
tearing down of historic structures.If RMF-30 passes I'm worried about the loss of the
architectural integrity and uniqueness of our downtown-adjacent neighborhoods.I
understand the Dinwoody mansion may not be eligible for teardown after all due to it being
on the local historic register,but what about the Chateau Normandie and the Weir mansion?
These beautiful treasures must not be permitted to be destroyed!A 1976 ordinance amending
Title 51 Chapter 32(now 21.A.34.020)automatically placed all sites then on the national
register on the local register.Why can't something similar be done now to protect our city?
SLC must do better at preservation or we will end up with all the character of a strip mall.It is
up to you to do the right thing and protect our historic buildings!sincerely,Ira Hinckley
9/17/202116:19 Ira Hinckley resident RMF-30
12:36 PM 9/21/2021 Page 9
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
Chris,I live in the Avenues and am very disappointed at the decision to stop construction on
the Foothill Trail system.I've read through the Save our Foothills page and the numerous
articles they landed in the SL Tribune,and spoken to a couple of their members.I could not
discern any consistent,objective complaint.Some thought the trails were too flat or too
smooth(if you make them steeper or rockier,you'll get complaints too),while some just
seemed upset that some of the trails were made for mountain bikers.Some didn't like the
closing of old trails.Some were concerned about erosion(a valid concern),but as far as I can
tell,there's one turn in all of the new trails that might be unduly susceptible to erosion.
Certainly that's a mistake the builders can learn from in building new trails without grinding
the whole thing to a halt for another year.(And,on a side note,there's plenty of erosion on
the old trails after the heavy rains this summer).The only unifying theme I've heard from the
all the complainers is that they wanted a stop to trail building.And I'm afraid that's where
things will stand,because you'll never come to a consensus that makes everyone happy
moving forward.I think the biggest threat to the quality of experience in the foothills is too
many people and not enough trails.On a nice afternoon this fall,we will once again reach a
near gridlock state up there.And it will happen next spring and next fall too,because we're
not expanding this resource to address the increased supply of citizens who are interested in
using the trails.I hope this time the stop proves to be truly temporary and building resumes in I Foothills Trail System Master
9/17/2021 16:45 Robert Scott June.But I'm very pessimistic.Please prove me wrong.Rob Scott Plan
Hello City Council members,The East Bench Community Council has unanimously voted to
support several CIP funding requests in our neighborhoods.I've attached a letter outlining the
specific projects which address street reconstruction,traffic calming,and pedestrian
infrastructure.Members of our community will submit the requests following the normal
procedures,but I wanted to share with you the items that we've prioritized.Thank you very
much,Aimee Burrows,Chair East Bench Community Council*See Corresponding
9/20/2021 11:57 Aimee Burrows Attachment* CIP FY2021
12:36 PM 9/21/2021 Page 10
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
I think you need to do your homework on how effective masks are because they are not
effective to prevent the spread of Covid contrary to what the CDC wants you to believe.There
is not ONE peer reviewed clinical study that supports that position.In a matter of fact,Chris
Wallace had a medical expert on his Sunday morning show last Sunday and Wallace
specifically asked him if the cotton mask he wears is effective and the expert said only about
10-20%if that.He said the masks people are wearing are not very effective at all.The mask
supporters point to the study done by a couple of doctors in North Carolina where they
conclude that wearing a mask prevents school children from spreading it.If you read the study
it is a complete joke and would not pass peer review.If you do some research you will learn
that back in 2006 a study was done regarding the purpose a surgeon wears a surgical mask-
the ones the majority of people are wearing today-and this study found the masks do not
prevent the spread of viruses,they are used to prevent the transfer of bodily fluids from
patient to surgeon.So you go ahead and mandate the masks for the kids but it is a complete
joke.I congratulate you for falling for the mask nonsense.The bottom line is MASKS-other
9/20/2021 12:04 Darrell York than the KN95-DO NOT PREVENT THE SPREAD OF COVID.--Sincerely,Darrell J.York Mask Mandate in Schools
12:36 PM 9/21/2021 Page 11
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
"My kids get bored riding the same trails":Duh!Mountain bikers always get bored!Mountain
biking is inherently boring!It's like riding a bike through an art gallery:it's impossible to pay
attention to controlling the bike,while looking at anything else!There should never be trails
for bicycles;all mountain bikers are capable of walking;bicycles destroy nature!What were
you thinking???Mountain biking and trail-building destroy wildlife habitat!Mountain biking is
environmentally,socially,and medically destructive!There is no good reason to allow bicycles
on any unpaved trail!Bicycles should not be allowed in any natural area.They are inanimate
objects and have no rights.There is also no right to mountain bike.That was settled in federal
court in 1996:https://mjvande.info/mtbl0.htm.It's dishonest of mountain bikers to say that
they don't have access to trails closed to bikes.They have EXACTLY the same access as
everyone else--ON FOOT!Why isn't that good enough for mountain bikers?They are all
capable of walking....A favorite myth of mountain bikers is that mountain biking is no more
harmful to wildlife,people,and the environment than hiking,and that science supports that
view.Of course,it's not true.To settle the matter once and for all,I read all of the research
they cited,and wrote a review of the research on mountain biking impacts(see
https://mjvande.info/scb7.htm).I found that of the seven studies they cited,(1)all were
written by mountain bikers,and(2)in every case,the authors misinterpreted their own data, Foothills Trail System Master
9/20/2021 12:07 Mike Vandeman in order to come to the conclusion that they favored.*Continued 1/3* Plan
12:36 PM 9/21/2021 Page 12
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
They also studiously avoided mentioning another scientific study(Wisdom et al)which did not
favor mountain biking,and came to the opposite conclusions.Mountain bikers also love to
build new trails-legally or illegally.Of course,trail-building destroys wildlife habitat-not just
in the trail bed,but in a wide swath to both sides of the trail!E.g.grizzlies can hear a human
from one mile away,and smell us from 5 miles away.Thus,a 10-mile trail represents 100
square miles of destroyed or degraded habitat,that animals are inhibited from using.
Mountain biking,trail building,and trail maintenance all increase the number of people in the
park,thereby preventing the animals'full use of their habitat.See
https://mjvande.info/scb9.htm for details.Mountain biking accelerates erosion,creates V-
shaped ruts,kills small animals and plants on and next to the trail,drives wildlife and other
trail users out of the area,and,worst of all,teaches kids that the rough treatment of nature is
okay(it's NOT!).What's good about THAT?To see exactly what harm mountain biking does to
the land,watch this 5-minute video:http://vimeo.com/48784297.In addition to all of this,it is
extremely dangerous:https://mjvande.info/mtb_dangerous.htm.The latest craze among
mountain bikers is the creation of"pump tracks"(bike parks).They are alleged to teach
bicycling skills,but what they actually teach are"skills"(skidding,jumping("getting air"),
racing,etc.)that are appropriate nowhere!If you believe that these"skills"won't be practiced
throughout the rest of the park and in all other parks,I have a bridge I'd like to sell you!...For
Mike Vandeman more information:https://mjvande.info/mtbfaq.htm.*Continued 2/3*
12:36 PM 9/21/2021 Page 13
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
*Continued 3/3*The common thread among those who want more recreation in our parks is
total ignorance about and disinterest in the wildlife whose homes these parks are.Yes,if
humans are the only beings that matter,it is simply a conflict among humans(but even then,
allowing bikes on trails harms the MAJORITY of park users--hikers and equestrians--who can
no longer safely and peacefully enjoy their parks).The parks aren't gymnasiums or racetracks
or even human playgrounds.They are WILDLIFE HABITAT,which is precisely why they are
attractive to humans.Activities such as mountain biking,that destroy habitat,violate the
charter of the parks.Even kayaking and rafting,which give humans access to the entirety of a
water body,prevent the wildlife that live there from making full use of their habitat,and
should not be allowed.Of course those who think that only humans matter wont understand
what I am talking about--an indication of the sad state of our culture and educational system.
Mike Vandeman Mike
12:36 PM 9/21/2021 Page 14
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
To the Salt Lake City Council,I am strongly opposed to any project that allows mountain biking
in natural areas.They can ride the roads where bikes won't destroy anything,or do like
everyone else and walk through nature to fully appreciate its uniqueness and beauty.But
mountain biking,a new form of wreckreation,isn't really about those positive things,it is only
about the bikers'narcotic-like ego-addiction.The truth is that mountain biking is an anti-
environmental,destructive,industry supported,self-centered activity that creates destruction
where it attempts to penetrate natural lands and the public trust.Unlike the misinformation
from proponents of this invasion,it is clear to see this is an industry/bike association/single-
minded advocate agenda to penetrate public programs,buildings,and natural areas for self-
centered gain,whether it be corporate sales,association control,or self-centered thrills,all
with undue pressure/influence on local officials and at the expense of unique treasures like
local parks and natural venues.It is a strategy that plays out across the nation,poisoned by
the mantra of the privatized radical individual as opposed to the common good and public
trust.These spaces are meant for all of the people,not the minority of a few to pursue
restricted single-use narcissist adventure.Open space parklands remain places of reflection
and undisturbed connections with nature,among the diverse animal and plant life,terrain,
and peace those things create.Objective national research documents the destruction that
mountain biking wreaks on the environment as well as on people who want to pursue passive
recreation.Despite their false P.R.promotional distortions,mountain bikers are only
interested in their constant self-indulgent thrills at the expense of nature and people. Foothills Trail System Master
9/20/202112:08 Royal Hartigan *Continued 1/2* Plan
12:36 PM 9/21/2021 Page 15
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
*Continued 2/2*It is only about themselves and their addiction,not about others,animals,
birds,plant life,the environment,nature or anything beyond their myopia.It is a pathetic
mutation of what makes us truly human.Our problems are caused mostly due to the fact that
the wildlife,birds,and plant life cant speak for themselves or vote.We need to do that for
them,shamelessly.It's not that hard to know what they think,since they vote with their feet:
they run away whenever we get close to them!That's the first thing that every child learns
about wild animals.But then we"forget"this"inconvenient truth".You must confront this
intrusion and deny any use of the park for mountain biking or similar restricted-use disruptive
activity.Do you as a city want to turn every park into yet another industry-lobbied sports
complex?Parks and natural environments are not gymnasiums,race tracks,sports complexes,
or circus adventure rides,despite the propaganda from the industry and IMBA bike
association partners,replete with their websites,consulting,and talking points,a 21st century
snake-oil medicine show.Do you really want the invasion of this destructive,dangerous,and
restricted self-centered activity for a few with its consequent documented national history of
future expansion,destruction,and danger to people(with permanent injuries and lawsuits
against the city),or do you value something more:a place of reflection and connection with
nature,others,and oneself,giving us our full humanity,nature's gift to us all for generations
past,present,and future?sending good vibes and bright moments!in spirit and music,royal
Royal Hartigan hartigan,phd
Dear Council-this from Sunday Sept.19:"Pretty disappointing to see the SL Fire Dept
unmasked and shopping at Smith's at 9&8th the morning.Many of the shoppers had masks
but they did not."I love our firemen,but they need educating about the efficacy of
9/20/2021 12:10 June Taylor masks...and their duty to safeguard the public¬ just from fires.June S Taylor Mask mandate
12:36 PM 9/21/2021 Page 16
Public Comments 09.15.2021-09.21.2021
Date/Time Opened Contact Name Topic
Mayor Mendenhall Thank you for halting trail building until next summer.Before moving
forward it is important to understand the negative impacts to wildlands and wildlife who rely
on those lands for their very lives.Human usage of any natural area has unintended
consequences.We have more recreational options and locations than ever before.Mechanical-
recreational options(e.g.bicycles,AT,etc)expand and increase the destruction that
recreational usage.This is because mechanical-recreation vehicles(e.g.bicycles,ATVs,etc.)
allow users to travel greatly-increased distances in shorter times.This is behind the push for
more trails.These user groups are not a part of the push for the mass destruction of our open
spaces,but these user groups push out not only wildlife but other users like those of us who
want a peaceful experience of seeing wildlife and calm reflection in nature.It is unpleasant
and unsafe to have bikes and ATVs on our trails.ATVs and mountain bikers should do what
many recreationalists have had to do throughout the ages--buy private lands and create their
own clubs.These user groups should not be catered to when their usage is clearly detrimental
to the resource,wildlife and other users.I hope you will take time to read the well-
documented article that addresses the negative impact human presence has on wildlife in Foothills Trail System Master
9/20/202112:12 Deniz Bolbol open spaces.*Continued 1/2* Plan
*Continued 2/2*The article discusses how wildlife is pushed out-not only from the
immediate area where the human usage occurs but also from a zone around that usage.This
causes wildlife to lose access to important habitats these user groups are not ccompanies
human usage of what human usage Once trails are built,they are rarely reverted back to
pristine natural wildlands.This issue,the disturbance caused by human presence,is directly
related to trail density in open spaces:the more trails,the fewer places where wildlife can live
(forage,nest,rest,etc)in a safe,undisturbed environment.I hope you will consider wildlife
and those of us who enjoy wildlife viewing and hiking when you make decisions about
recreational usage of our open space.What some may consider a"playground"for their
recreational usage is our wildlife's only natural habitat home in the area...a home that is
Deniz Bolbol quickly deteriorating.Thank you for your consideration.Denise B
12:36 PM 9/21/2021 Page 17
T EEr1C1-1, sic
www_eastbenctfslc_orgi - - - - - - - -
September 17, 2021
Salt Lake City Council
council.comments@slcgov.com
RE: CIP Grant Requests in East Bench Community Council
Pedestrian and street safety has been a priority of the East Bench Community Council for several
years. We've used the Adopt a Crosswalk program extensively, discussed and negotiated for
new or repainted crosswalks to improve the school commute, and stayed active with UDOT and
the East Bench Master Planning Group. Some of our streets and intersections just need
infrastructure improvements at this time.
The following proposed Capital Improvement Projects were given unanimous support by the
Executive Board and the members in attendance at the September 15 2021 general meeting of
East Bench Community Council:
Traffic calming at these intersections or stretches of street:
1300 South and Roxbury Road
Foothill Dr and Blaine Ave
St Marys Way and Oak Hills Way
Crestview Dr between Vista View Dr and Oak Hills Way
1300 South between Wasatch Dr and Roxbury Rd
Sidewalk or other pedestrian improvements to student walking route along Beacon Drive
between Wasatch Dr and Kensington Ave
Street repaving or reconstruction of Belaire Dr from Scenic Drive to the northern terminus
Our neighborhood is hilly with lots of steep streets, so we often see vehicles going too fast. Our
highest density housing area is at the top (literally) of Kennedy Drive which is a steep street that
fronts Donner Trail Park with its large fields and two playground areas. All of the streets in our
neighborhood are residential, as our only commercial zones front on Foothill Drive. Indian Hills
Elementary School is situated almost in the middle of our geography, and the 2/3rds of those
students who don't have bus service are on our streets and intersections twice a day every
school day. The highly utilized Bonneville Shoreline Trail is routed on our neighborhood streets
for the length of our geography, which means we have a lot of runners and bikers mixed in with
vehicle traffic. There are kids and families and pets using or traveling to the Wasatch Hills Tennis
facility, Bonneville Golf Course, the Hogle Zoo, the H Rock trail, Arcadia Trails, etc.
We appreciate your consideration of these funding requests and hope to see a failed street
reconstructed and pedestrian safety improved in our neighborhoods.
Sincerely,
a444Pmc
Aimee Burrows, Chair
East Bench Community Council
Public Comment/Mask Mandate in Schools
CDISABILITY September 14,2021
LAW CENTER Nate Crippes/Public A airs Su ervisin Attorn
Your rights matter.
sa 1 itv awcenter.org
The Disability Law Center(DLC) supported the Mayor's ordinance requiring masks in the Salt
Lake City School District, and we hope the Council will extend that requirement. As the State's
designated Protection and Advocacy Agency,we seek to protect the legal rights of Utahns with
disabilities, including the rights of students with disabilities in Utah's schools.
We have received numerous concerns from parents of students with disabilities about H.B. 1007,
the bill the State Legislature passed prohibiting districts from issuing mask mandates. These
parents are faced with the difficult choice of either sending their high-risk children into a school
without all students wearing masks, a proven strategy to reduce the spread of COVID, or
continuing with remote learning that has not been effective in providing their child with an
appropriate education.
We,too,had significant concerns with the legislation, and we provided those concerns to both
the Legislature and the Governor, encouraging them not to put students with disabilities at risk
and put school districts in a difficult position. We are sharing those concerns with you now, and
we urge you to consider keeping the mask mandate in place in Salt Lake City schools.
We expressed concern with the legislation's disparate impact on students with disabilities under
Title II of the ADA. Specifically, Title II of the Americans with Disabilities Act(ADA)
prohibits the discrimination of individuals with disabilities by public entities,which includes
state and local governments. Specifically,regulations state that public entities"may not deny a
qualified individual with a disability the opportunity to participate in services,programs, or
activities that are not separate or different,despite the existence of permissibly separate or
different programs or activities." 28 C.F.R. § 35.130(b)(2). They go on to state that public
entities"may not, directly or through contractual or other arrangements,utilize criteria or
methods of administration: ... That have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the public entity's program with respect to
individuals with disabilities." Id. at § 35.130(b)(3)(ii). These concerns remain,and we hope you
will do your part not to disparately impact students with disabilities.
Because the lack of a mask mandate could have a disparate impact on Utahns with disabilities by
providing a separate,unequal benefit to students with disabilities,public entities may have
liability under Title II of the ADA. Further, it may result in a situation where a school district is
unable to provide students with disabilities with the services and supports that they are entitled to
under the Individuals with Disabilities Education Act(IDEA)because they cannot safely return
to in-person learning. As such, it would be prudent to consider the difficult position that a district
Delegating GO Bond Public Hearing Proceedings v3 (9-21-21).docx
8709966/RDB/mo
Salt Lake City, Utah
September 21, 2021
The City Council (the “City Council”) of Salt Lake City, Utah (the “City”), met in regular
public session on September 21, 2021 at 7:00 p.m., due, legal and timely notice of the meeting
having been given to all members as required by law.
Pursuant to Section 52-4-207, the meeting was an electronic meeting pursuant the Chair’s
determination as shown in the formal meeting meeting agenda attached as Exhibit A.
The meeting was duly called to order by Council Vice Chair James Rogers who was
conducting the meeting, with the following members of the City Council being present, a quorum
of the City Council:
James Rogers Council Vice Chair
Dan Dugan Councilmember
Dennis Faris Councilmember
Darin Mano Councilmember
Analia Valdemoros Councilmember
Chris Wharton Councilmember
Absent: Amy Fowler, Council Chair
There were also present:
Erin J. Mendenhall Mayor
Rachel Otto Mayor’s Deputy Chief of Staff
Katherine N. Lewis City Attorney
Cindy Lou Trishman City Recorder.
The City Recorder presented to the City 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 21, 2021 regular meeting of the City Council (which was held as an electronic meeting
without an anchor location) in compliance with the requirements of Section 52-4-202, Utah Code
Annotated 1953, as amended, by (1) providing notice to at least one newspaper of general
circulation within the geographic jurisdiction of the City, or to a local media correspondent and
(2) posting written notice of the meeting on the Utah Public Notice Website. The affidavit was
ordered recorded in the minutes of the meeting and is as follows:
-2- Public Hearing Proceedings (9-21-21)
STATE OF UTAH )
)
COUNTY OF SALT LAKE )
I, Cindy Lou Trishman, the duly qualified and acting City Recorder of Salt Lake City, Utah
(the “City”), do hereby certify, according to the records of the City in my official possession, and
upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202,
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 21, 2021, regular public meeting held by the
City Council of the City (the “City Council”), (which was held as an electronic meeting without
an anchor location), by:
(a) causing a copy of the Notice of Public Meeting in the form attached hereto
as Exhibit A to be provided on September 17, 2021, 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 the City; and
(b) causing a Notice of Public Meeting to be posted on September 17, 2021, on
the Utah Public Notice Website, in the form attached hereto as Exhibit B, at least twenty-
four (24) hours before the convening of the meeting.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed
hereon the official seal of Salt Lake City, Utah, this 21st day of September, 2021.
_______________________________________
City Recorder
Salt Lake City, Utah
[SEAL]
Cindy Trishman (Oct 19, 2021 20:40 MDT)
-3- Public Hearing Proceedings (9-21-21)
As required by Section 52-4-203, Utah Code Annotated 1953, as amended, written minutes
and a recording of this meeting were kept.
Thereupon after the conduct of business not pertinent to the following, the Chair announced
that pursuant to the published Notice of Public Hearing (the “Notice”) the time had come for the
public hearing to be held pursuant to Section 11-14-318 of the Local Government Bonding Act,
Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the “Act”), to receive input from
the public with respect to the issuance of not to exceed $10,520,000 of the City’s sales and excise
tax refunding bonds (the “Bonds”), for the purpose of financing all or a portion of the cost of
purchasing certain libraries that were originally financed by the Local Building Authority of Salt
Lake City, Utah (collectively, the “Project”), funding any necessary reserves and contingencies
in connection with the Bonds, paying the costs incurred in connection with the issuance and sale
of the Bonds and the potential economic impact the Project will have on the private sector.
The Vice Chair presented to the City Council a copy of the Notice that was posted on the
Utah Public Notice Website on August 18, 2021 in satisfaction of Section 11-14-318 of the Utah
Code. A copy of such Notice is attached as Exhibit C hereto.
The Vice Chair then announced that all those interested persons wishing to express their
views, both orally and in writing, on the proposed issuance by the City Council of the Bonds and
the potential economic impact that the Project will have on the private sector, would be heard and
that all such written or oral statements would be considered.
The Vice Chair referred those attending to the written minutes to access all written
comments, if any, concerning the proposed issuance by the City Council of the Bonds and the
potential economic impact that the Project will have on the private sector, which were submitted
to the Chair pursuant to an invitation set forth in the Notice. Copies of all such written comments,
if any, are attached as Exhibit D hereto.
The Vice Chair then invited members of the public to provide input with respect to the
proposed issuance by the City Council of the Bonds and the potential economic impact that the
Project will have on the private sector.
All interested persons wishing to provide input were then given full opportunity to be
heard, the persons so speaking, being as listed on Exhibit E hereto.
After all persons desiring to provide input with respect to the proposed issuance by the City
Council of the Bonds and the potential economic impact that the Project will have on the private
sector, and after further discussion by the City Council, the public hearing was closed.
-4- Public Hearing Proceedings (9-21-21)
(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 City Council was adjourned.
SALT LAKE CITY, UTAH
______________________________________
Vice Chair, City Council
[SEAL]
ATTEST:
__________________________________
City Recorder
Chris Wharton (Oct 19, 2021 20:39 MDT)
Chris Wharton
Cindy Trishman (Oct 19, 2021 20:40 MDT)
-5- Public Hearing Proceedings (9-21-21)
STATE OF UTAH )
)
COUNTY OF SALT LAKE )
I, Cindy Lou Trishman, the duly qualified and acting City Recorder of Salt Lake City, Utah
(the “City”), do hereby certify, according to the records of said City in my official possession, that
the foregoing is a full, true and correct copy of the extracts of minutes of a regular public meeting
of the City Council of the City (the “City Council”) held on September 21, 2021, as recorded in
the regular official book of minutes of the proceedings of the City Council kept in my office, that
all members were given due, legal and timely notice of said meeting, that the meeting therein
shown was in all respects called, held and conducted in accordance with law and in full conformity
therewith, and that the persons therein named were present at the meeting, as therein shown.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed
hereon the official seal of Salt Lake City, Utah, this 19th day of October, 2021.
_______________________________________
City Recorder
Salt Lake City, Utah
[SEAL]
Cindy Trishman (Oct 19, 2021 20:40 MDT)
A-1 Public Hearing Proceedings (9-21-21)
EXHIBIT A
[ATTACH COPY OF MEETING NOTICE]
SALT LAKE CITY COUNCIL
REVISED AGENDA
FORMAL MEETING
September 21, 2021 Tuesday 7:00 PM
This Meeting Will be an Electronic Meeting Pursuant to the Chair’s
Determination.
SLCCouncil.com
CITY COUNCIL MEMBERS:
Amy Fowler, Chair
District 7
James Rogers, Vice Chair
District 1
Dennis Faris
District 2
Darin Mano
District 5
Chris Wharton
District 3
Ana Valdemoros
District 4
Dan Dugan
District 6
Generated: 11:26:33
This meeting will be an electronic meeting pursuant to the
Chair’s determination.
As Salt Lake City Council Chair, I hereby determine that conducting the Salt Lake City
Council meeting at an anchor location presents a substantial risk to the health and safety
of those who may be present, and that the City and County building has been ordered
closed to the public for health and safety reasons.
Members of the public are encouraged to participate in meetings. We want to make sure
everyone interested in the City Council meetings can still access the meetings how they
feel most comfortable. If you are interested in watching the City Council meetings, they
are available on the following platforms:
• Facebook Live: www.facebook.com/slcCouncil/
• YouTube: www.youtube.com/slclivemeetings
• Web Agenda: www.slc.gov/council/agendas/
• SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Formal Meeting for the Public Hearings or
general comment period, you may do so through the Webex platform. To learn how to
connect through Webex, or if you need call-in phone options, please visit our website or
call us at 801-535-7607 to learn more.
As always, if you would like to provide feedback or comment, please call us or send us an
email:
• 24-Hour comment line: 801-535-7654
• council.comments@slcgov.com
More info and resources can be found at: www.slc.gov/council/contact-us/
Upcoming meetings and meeting information can be found
here: www.slc.gov/council/agendas/
Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet
determined.
WELCOME AND PUBLIC MEETING RULES
A. OPENING CEREMONY:
1. Council Member Amy Fowler will conduct the formal meeting.
2. Pledge of Allegiance.
3. Welcome and Public Meeting Rules.
4. The Council will approve the work session meeting minutes of Tuesday, March 3,
2020 and Tuesday, April 21, 2020 as well as the formal meeting minutes of
Tuesday, April 21, 2020 and the special limited formal meeting minutes of
Tuesday, April 14, 2020.
B. PUBLIC HEARINGS:
1. Resolution: Authorizing the Issuance and the Sale of Sales and Excise
Tax Revenue and Refunding Bonds
The Council will accept public comment about a resolution authorizing the
issuance of the City’s sales and excise tax revenue bonds to finance the acquisition
of certain library facilities from the Local Building Authority of Salt Lake City and
the potential economic impact that such library facilities will have on the private
sector.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 13, 2021
Set Public Hearing Date - Tuesday, August 17, 2021
Hold hearing to accept public comment - Tuesday, September 21, 2021 at 7 p.m.
TENTATIVE Council Action - Tuesday, August 17, 2021
Staff Recommendation - Refer to motion sheet(s).
2. Ordinance: 2020 Salt Lake City Street Lighting Master Plan
The Council will accept public comment and consider an ordinance that would
adopt the 2020 Street Lighting Master Plan. Some major changes in the proposed
plan include adjustments to how the City chooses lighting in public spaces based
on pedestrian activity and transportation needs, as well as identifies new street
lighting standards for retrofit and new construction. The plan was reviewed by the
Council previously and has since been reviewed by the City’s Planning
Commission as well.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, March 2, 2021 and Tuesday, August 17, 2021
Set Public Hearing Date - Tuesday, August 24, 2021
Hold hearing to accept public comment - Tuesday, September 21, 2021 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Refer to motion sheet(s).
3. Ordinance: Budget Amendment No.2 for Fiscal Year 2021-22
The Council will accept public comment and consider adopting an ordinance that
would amend the final budget of Salt Lake City, including the employment staffing
document, for Fiscal Year 2021-22. Budget amendments happen several times
each year to reflect adjustments to the City’s budgets, including proposed project
additions and modifications. This amendment includes continued funding for the
Downtown Ambassador pilot programs on North Temple and the Rio Grande
neighborhood, funding for a new RV/Car camping outreach & mitigation pilot
program, and renovation of the City-owned Annex Building leased by Odyssey
House among other items.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, September 14, 2021
Set Public Hearing Date - Tuesday, September 7, 2021
Hold hearing to accept public comment - Tuesday, September 21, 2021 at 7 p.m.
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
C. POTENTIAL ACTION ITEMS:
1. Ordinance: Rezone at Nielsen Estates at 833 West Hoyt Place and 834
West 200 North
The Council will consider adopting an ordinance that would amend the zoning
map pertaining to two parcels located at 833 West Hoyt Place and 834 West 200
North Street. The proposal would rezone the parcels from R-1/5,000 (Single-
Family Residential District) and R-1/7,000 (Single- Family Residential District),
respectively, to SR-3 (Special Development Pattern Residential District). The
applicant would like to rezone the properties for a future Planned Development
that would include the preservation of the existing home and add six new single-
family attached homes with access coming either from Hoyt Place (private street),
or 200 North. However, the request is not tied to a specific development proposal
at this time. Consideration may be given to rezoning the property to another
zoning district with similar characteristics. Petition No.: PLNPCM2018-00877
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, August 17, 2021
Set Public Hearing Date - Tuesday, August 17, 2021
Hold hearing to accept public comment - Tuesday, September 7, 2021 at 7 p.m.
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
2. Ordinance: Amending City Code Pertaining to Fence, Wall, and Hedge
Height Requirements
The Council will consider adopting an ordinance that would amend the zoning
ordinance regulations to remove the Special Exception process that allows for
over-height fences (Chapter 21A.52.030) and to define instances where a taller
fence may be appropriate and approved by right (Chapter 21A.40.120). The
proposed amendments would limit fence, wall, and hedge height to four feet (4’) in
front yards and six feet (6’) in the side or rear yards for all zoning districts, except
for a few specific instances. Those instances include when a residential district
abuts a nonresidential district, manufacturing and extractive industries zoning
districts, public facilities and recreation facilities where a greater height is
necessary to protect public safety, private game courts, and construction fencing.
Additionally, the Planning Commission and the Historic Landmark Commission
would have the authority to grant additional fence, wall, or hedge height as part of
a land use application.The amendments proposed to Chapter 21A.40 will affect all
zoning districts throughout the City. Petition No.: PLNPCM2020-00511
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, August 17, 2021
Set Public Hearing Date - Tuesday, August 17, 2021
Hold hearing to accept public comment - Tuesday, September 7, 2021 at 7 p.m.
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
3. Resolution: Public Benefits Analysis - Authorizing the Waiver of Lease
Fees to Facilitate the Operation of an Airport Military Service
Members Lounge
The Council will consider adopting a resolution that would authorize a waiver of
lease fees at the Salt Lake City International Airport to facilitate the operation of
an Airport Military Service Members Lounge operated by United Service
Organizations (USO), a nonprofit corporation. The USO lounge would feature
comfortable furniture, donated snacks, beverages, entertainment, and free Wi-Fi
to active duty, Reserve, and Guard service members and their families at no
charge, 365 days per year.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, August 24, 2021
Set Public Hearing Date - Tuesday, August 24, 2021
Hold hearing to accept public comment - Tuesday, September 7, 2021 at 7 p.m.
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
D. COMMENTS:
1. Questions to the Mayor from the City Council.
2. Comments to the City Council. (Comments are taken on any item not scheduled
for a public hearing, as well as on any other City business. Comments are limited
to two minutes.)
E. NEW BUSINESS:
1. Resolution: National League of Cities Conference 2025
The Council will consider adopting a resolution that would support Salt Lake City
hosting the National League of Cities (NLC) Conference in 2025.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Suspend the rules and consider motions.
F. UNFINISHED BUSINESS:
1. Resolution: General Obligation Bonds, Series 2021 (Street
Reconstruction)
The Council will consider adopting a resolution authorizing up to $23,600,000
General Obligation bonds of Salt Lake City, Utah; giving authority to certain
officers to approve the final terms and provisions of the Bonds within the
parameters set forth herein; and providing for related matters. These voter-
approved bonds were part of the City’s 2018 Funding Our Future initiative.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, September 7, 2021
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
G. CONSENT:
1. Ordinance: Street Vacation near 538 East 14th Avenue
The Council will set the date of Tuesday, October 19, 2021 at 7 p.m. to accept
public comment and consider adopting an ordinance that would partially vacate a
portion of 14th Avenue adjacent to a property located at 538 East 14th Avenue. The
purpose of the partial vacation is to reconcile the location of fencing and
landscaping within the park strip. The partial vacation will not impact vehicular
traffic or pedestrian access to the street or sidewalk. Petition No.:
PLNPCM2018-00561
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, September 21, 2021
Set Public Hearing Date - Tuesday, September 21, 2021
Hold hearing to accept public comment - Tuesday, October 19, 2021 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 9, 2021
Staff Recommendation - Set date.
2. Board Appointment: City and County Building Conservancy and Use
Committee – Kathy Davis
The Council will consider approving the appointment of Kathy Davis to the City
and County Building Conservancy and Use Committee for a term ending July 21,
2025.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, September 21, 2021
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
3. Board Appointment: Police Civilian Review Board (PCRB) – Chuck
Krivanek
The Council will consider approving the appointment of Chuck Krivanek to the
PCRB for a term ending September 2, 2024.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, September 21, 2021
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
4. Board Appointment: Racial Equity in Policing Commission – Darlene
McDonald
The Council will consider approving the appointment of Darlene McDonald to the
Racial Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
5. Board Appointment: Racial Equity in Policing Commission – Verona
Sagato-Mauga
The Council will consider approving the appointment of Verona Sagato-Mauga to
the Racial Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
6. Board Appointment: Racial Equity in Policing Commission – MJ
Powell
The Council will consider approving the appointment of MJ Powell to the Racial
Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
7. Board Appointment: Racial Equity in Policing Commission – Luna
Banuri
The Council will consider approving the appointment of Luna Banuri to the Racial
Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
8. Board Appointment: Racial Equity in Policing Commission –
Samantha Eldridge
The Council will consider approving the appointment of Samantha Eldridge to the
Racial Equity in Policing Commission for a term ending September 21, 2022.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
9. Board Appointment: Racial Equity in Policing Commission – Carol
Schifflett
The Council will consider approving the appointment of Carol Schifflett to the
Racial Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
10. Board Appointment: Racial Equity in Policing Commission –
Arundhati Oommen
The Council will consider approving the appointment of Arundhati Oommen to
the Racial Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
11. Board Appointment: Racial Equity in Policing Commission – Steve
Johnson
The Council will consider approving the appointment of Steve Johnson to the
Racial Equity in Policing Commission for a term ending September 21, 2022.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
12. Board Appointment: Racial Equity in Policing Commission – France
Davis
The Council will consider approving the appointment of France Davis to the
Racial Equity in Policing Commission for a term ending September 21, 2022.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
13. Board Appointment: Racial Equity in Policing Commission – Olossa
Solovi Jr.
The Council will consider approving the appointment of Olossa Solovi Jr. to the
Racial Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
14. Board Appointment: Racial Equity in Policing Commission – Tanya
Hawkins
The Council will consider approving the appointment of Tanya Hawkins to the
Racial Equity in Policing Commission for a term ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
15. Board Appointment: Racial Equity in Policing Commission – Steve
Anjewierden
The Council will consider approving the appointment of Steve Anjewierden to the
Racial Equity in Policing Commission for a term ending September 21, 2022.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
16. Board Appointment: Racial Equity in Policing Commission – Moisés
Próspero
The Council will consider approving the appointment of Moisés
Próspero to the Racial Equity in Policing Commission for a term
ending September 21, 2022.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
17. Board Appointment: Racial Equity in Policing Commission – Nicole
Salazar-Hall
The Council will consider approving the appointment of Nicole
Salazar-Hall to the Racial Equity in Policing Commission for a term
ending September 21, 2023.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
18. Board Appointment: Racial Equity in Policing Commission – Rogelio
Romero
The Council will consider approving the appointment of Rogelio
Romero to the Racial Equity in Policing Commission for a term
ending September 21, 2022.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Approve.
H. ADJOURNMENT:
CERTIFICATE OF POSTING
On or before 1:00 p.m. on Monday, September 20, 2021, the undersigned, duly appointed City
Recorder, does hereby certify that the above notice and agenda was (1) posted on the Utah Public
Notice Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided
to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any
others who have indicated interest.
CINDY LOU TRISHMAN
SALT LAKE CITY RECORDER
Final action may be taken in relation to any topic listed on the agenda, including but
not limited to adoption, rejection, amendment, addition of conditions and variations
of options discussed.
People with disabilities may make requests for reasonable accommodation, which may include
alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least
two business days in advance. To make a request, please contact the City Council Office at
council.comments@slcgov.com, 801-535-7600, or relay service 711.
B-1 Public Hearing Proceedings (9-21-21)
EXHIBIT B
[ATTACH COPY OF MEETING NOTICE POSTED ON THE UTAH PUBLIC NOTICE WEBSITE]
Entity: Salt Lake City
Body: Salt Lake City Council
Subject:Business
Notice Title:Salt Lake City Council Formal Meeting - REVISED Agenda
Meeting Location:This meeting will be an electronic meeting pursuant to the Chair
determination that conducting the City Council meeting at a
physical location presents a substantial risk to the health and safety
of those who may be present at the anchor location.
Salt Lake City UT 84111
Event Date & Time:September 21, 2021
September 21, 2021 07:00 PM
Description/Agenda: SALT LAKE CITY COUNCIL REVISED
AGENDA
FORMAL MEETING
September 21, 2021 Tuesday 7:00 PM
This Meeting Will be an Electronic Meeting Pursuant to the
Chair's Determination.
SLCCouncil.com
CITY COUNCIL MEMBERS:
Amy Fowler, Chair
District 7
James Rogers, Vice Chair
District 1
Dennis Faris
District 2
Darin Mano
District 5
Chris Wharton
District 3
Ana Valdemoros
District 4
Dan Dugan
District 6
Generated: 11:26:33
This meeting will be an electronic meeting pursuant to the
Chair's determination.
As Salt Lake City Council Chair, I hereby determine that
conducting the Salt Lake City Council meeting at an anchor
location presents a substantial risk to the health and
safety of those who may be present, and that the City and
County building has been ordered closed to the public for
health and safety reasons.
Members of the public are encouraged to participate in
meetings. We want to make sure everyone interested in the
City Council meetings can still access the meetings how they
feel most comfortable. If you are interested in watching the
City Council meetings, they are available on the following
platforms:
- Facebook Live: www.facebook.com/slcCouncil/
- YouTube: www.youtube.com/slclivemeetings
- Web Agenda: www.slc.gov/council/agendas/
- SLCtv Channel 17 Live:
www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Formal
Meeting for the Public Hearings or general comment period,
you may do so through the Webex platform. To learn how to
connect through Webex, or if you need call-in phone options,
please visit our website or call us at 801-535-7607 to learn
more.
As always, if you would like to provide feedback or comment,
please call us or send us an email:
- 24-Hour comment line: 801-535-7654
- council.comments@slcgov.com
More info and resources can be found at:
www.slc.gov/council/contact-us/ Upcoming meetings and
meeting information can be found
here: www.slc.gov/council/agendas/
Please note: Dates not identified in the FYI - Project
Timeline are either not applicable or not yet determined.
WELCOME AND PUBLIC MEETING RULES
A. OPENING CEREMONY:
1. Council Member Amy Fowler will conduct the formal
meeting.
2. Pledge of Allegiance.
3. Welcome and Public Meeting Rules.
4. The Council will approve the work session meeting
minutes of Tuesday, March 3, 2020 and Tuesday, April 21,
2020 as well as the formal meeting minutes of Tuesday, April
21, 2020 and the special limited formal meeting minutes of
Tuesday, April 14, 2020.
B. PUBLIC HEARINGS:
1. Resolution: Authorizing the Issuance and the Sale of
Sales and Excise Tax Revenue and Refunding Bonds
The Council will accept public comment about a resolution
authorizing the issuance of the City's sales and excise tax
revenue bonds to finance the acquisition of certain library
facilities from the Local Building Authority of Salt Lake
City and the potential economic impact that such library
facilities will have on the private sector.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, July 13, 2021
Set Public Hearing Date - Tuesday, August 17, 2021
Hold hearing to accept public comment - Tuesday, September
21, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday,
August 17, 2021
Staff Recommendation - Refer to motion sheet(s).
2. Ordinance: 2020 Salt Lake City Street Lighting
Master Plan
The Council will accept public comment and consider an
ordinance that would adopt the 2020 Street Lighting Master
Plan. Some major changes in the proposed plan include
adjustments to how the City chooses lighting in public
spaces based on pedestrian activity and transportation
needs, as well as identifies new street lighting standards
for retrofit and new construction. The plan was reviewed by
the Council previously and has since been reviewed by the
City's Planning Commission as well.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, March 2, 2021 and Tuesday, August 17,
2021 Set Public Hearing Date - Tuesday, August 24, 2021
Hold hearing to accept public comment - Tuesday, September
21, 2021 at 7 p.m. TENTATIVE Council Action - TBD
Staff Recommendation - Refer to motion sheet(s).
3. Ordinance: Budget Amendment No.2 for Fiscal Year
2021-22
The Council will accept public comment and consider adopting
an ordinance that would amend the final budget of Salt Lake
City, including the employment staffing document, for Fiscal
Year 2021-22. Budget amendments happen several times each
year to reflect adjustments to the City's budgets, including
proposed project additions and modifications. This amendment
includes continued funding for the Downtown Ambassador pilot
programs on North Temple and the Rio Grande neighborhood,
funding for a new RV/Car camping outreach & mitigation pilot
program, and renovation of the City-owned Annex Building
leased by Odyssey House among other items.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, September 14, 2021
Set Public Hearing Date - Tuesday, September 7, 2021
Hold hearing to accept public comment - Tuesday, September
21, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday,
September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
C. POTENTIAL ACTION ITEMS:
1. Ordinance: Rezone at Nielsen Estates at 833 West
Hoyt Place and 834 West 200 North
The Council will consider adopting an ordinance that would
amend the zoning map pertaining to two parcels located at
833 West Hoyt Place and 834 West 200 North Street. The
proposal would rezone the parcels from R-1/5,000 (Single-
Family Residential District) and R-1/7,000 (Single- Family
Residential District), respectively, to SR-3 (Special
Development Pattern Residential District). The applicant
would like to rezone the properties for a future Planned
Development that would include the preservation of the
existing home and add six new single- family attached homes
with access coming either from Hoyt Place (private street),
or 200 North. However, the request is not tied to a specific
development proposal at this time. Consideration may be
given to rezoning the property to another zoning district
with similar characteristics. Petition No.: PLNPCM2018-00877
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, August 17, 2021
Set Public Hearing Date - Tuesday, August 17, 2021
Hold hearing to accept public comment - Tuesday, September
7, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday,
September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
2. Ordinance: Amending City Code Pertaining to Fence,
Wall, and Hedge Height Requirements
The Council will consider adopting an ordinance that would
amend the zoning ordinance regulations to remove the Special
Exception process that allows for over-height fences
(Chapter 21A.52.030) and to define instances where a taller
fence may be appropriate and approved by right (Chapter
21A.40.120). The
proposed amendments would limit fence, wall, and hedge
height to four feet (4') in front yards and six feet (6') in
the side or rear yards for all zoning districts, except for
a few specific instances. Those instances include when a
residential district abuts a nonresidential district,
manufacturing and extractive industries zoning districts,
public facilities and recreation facilities where a greater
height is necessary to protect public safety, private game
courts, and construction fencing.
Additionally, the Planning Commission and the Historic
Landmark Commission would have the authority to grant
additional fence, wall, or hedge height as part of a land
use application.The amendments proposed to Chapter 21A.40
will affect all zoning districts throughout the City.
Petition No.: PLNPCM2020-00511
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, August 17, 2021
Set Public Hearing Date - Tuesday, August 17, 2021
Hold hearing to accept public comment - Tuesday, September
7, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday,
September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
3. Resolution: Public Benefits Analysis - Authorizing
the Waiver of Lease Fees to Facilitate the Operation of an
Airport Military Service Members Lounge
The Council will consider adopting a resolution that would
authorize a waiver of lease fees at the Salt Lake City
International Airport to facilitate the operation of an
Airport Military Service Members Lounge operated by United
Service Organizations (USO), a nonprofit corporation. The
USO lounge would feature comfortable furniture, donated
snacks, beverages, entertainment, and free Wi-Fi to active
duty, Reserve, and Guard service members and their families
at no charge, 365 days per year.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, August 24, 2021
Set Public Hearing Date - Tuesday, August 24, 2021
Hold hearing to accept public comment - Tuesday, September
7, 2021 at 7 p.m. TENTATIVE Council Action - Tuesday,
September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
D. COMMENTS:
1. Questions to the Mayor from the City Council.
2. Comments to the City Council. (Comments are taken on
any item not scheduled for a public hearing, as well as on
any other City business. Comments are limited to two
minutes.)
E. NEW BUSINESS:
1. Resolution: National League of Cities Conference
2025
The Council will consider adopting a resolution that would
support Salt Lake City hosting the National League of Cities
(NLC) Conference in 2025.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Suspend the rules and consider
motions.
F. UNFINISHED BUSINESS:
1. Resolution: General Obligation Bonds, Series 2021
(Street Reconstruction)
The Council will consider adopting a resolution authorizing
up to $23,600,000 General Obligation bonds of Salt Lake
City, Utah; giving authority to certain officers to approve
the final terms and provisions of the Bonds within the
parameters set forth herein; and providing for related
matters. These voter- approved bonds were part of the City's
2018 Funding Our Future initiative.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, September 7, 2021 Set Public Hearing
Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021
Staff Recommendation - Refer to motion sheet(s).
G. CONSENT:
1. Ordinance: Street Vacation near 538 East 14th Avenue
The Council will set the date of Tuesday, October 19, 2021
at 7 p.m. to accept public comment and consider adopting an
ordinance that would partially vacate a portion of 14th
Avenue adjacent to a property located at 538 East 14th
Avenue. The purpose of the partial vacation is to reconcile
the location of fencing and landscaping within the park
strip. The partial vacation will not impact vehicular
traffic or pedestrian access to the street or sidewalk.
Petition No.:
PLNPCM2018-00561
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, September 21, 2021
Set Public Hearing Date - Tuesday, September 21, 2021
Hold hearing to accept public comment - Tuesday, October 19,
2021 at 7 p.m. TENTATIVE Council Action - Tuesday, November
9, 2021
Staff Recommendation - Set date.
2. Board Appointment: City and County Building
Conservancy and Use Committee - Kathy Davis
The Council will consider approving the appointment of Kathy
Davis to the City and County Building Conservancy and Use
Committee for a term ending July 21, 2025.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, September 21, 2021 Set Public Hearing
Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
3. Board Appointment: Police Civilian Review Board
(PCRB) - Chuck Krivanek
The Council will consider approving the appointment of Chuck
Krivanek to the PCRB for a term ending September 2, 2024.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - Tuesday, September 21, 2021 Set Public Hearing
Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
4. Board Appointment: Racial Equity in Policing
Commission - Darlene McDonald
The Council will consider approving the appointment of
Darlene McDonald to the Racial Equity in Policing Commission
for a term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
5. Board Appointment: Racial Equity in Policing
Commission - Verona Sagato-Mauga
The Council will consider approving the appointment of
Verona Sagato-Mauga to the Racial Equity in Policing
Commission for a term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
6. Board Appointment: Racial Equity in Policing
Commission - MJ Powell
The Council will consider approving the appointment of MJ
Powell to the Racial Equity in Policing Commission for a
term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
7. Board Appointment: Racial Equity in Policing
Commission - Luna Banuri
The Council will consider approving the appointment of Luna
Banuri to the Racial Equity in Policing Commission for a
term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
8. Board Appointment: Racial Equity in Policing
Commission - Samantha Eldridge
The Council will consider approving the appointment of
Samantha Eldridge to the Racial Equity in Policing
Commission for a term ending September 21, 2022.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
9. Board Appointment: Racial Equity in Policing
Commission - Carol Schifflett
The Council will consider approving the appointment of Carol
Schifflett to the Racial Equity in Policing Commission for a
term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
10. Board Appointment: Racial Equity in Policing
Commission - Arundhati Oommen
The Council will consider approving the appointment of
Arundhati Oommen to the Racial Equity in Policing Commission
for a term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
11. Board Appointment: Racial Equity in Policing
Commission - Steve Johnson
The Council will consider approving the appointment of Steve
Johnson to the Racial Equity in Policing Commission for a
term ending September 21, 2022.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
12. Board Appointment: Racial Equity in Policing
Commission - France Davis
The Council will consider approving the appointment of
France Davis to the Racial Equity in Policing Commission for
a term ending September 21, 2022.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
13. Board Appointment: Racial Equity in Policing
Commission - Olossa Solovi Jr.
The Council will consider approving the appointment of
Olossa Solovi Jr. to the Racial Equity in Policing
Commission for a term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
14. Board Appointment: Racial Equity in Policing
Commission - Tanya Hawkins
The Council will consider approving the appointment of Tanya
Hawkins to the Racial Equity in Policing Commission for a
term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
15. Board Appointment: Racial Equity in Policing
Commission - Steve Anjewierden
The Council will consider approving the appointment of Steve
Anjewierden to the Racial Equity in Policing Commission for
a term ending September 21, 2022.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
16. Board Appointment: Racial Equity in Policing
Commission - Mois s Pr spero
The Council will consider approving the appointment of Mois
s Pr spero to the Racial Equity in Policing Commission for a
term ending September 21, 2022.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
17. Board Appointment: Racial Equity in Policing
Commission - Nicole Salazar-Hall
The Council will consider approving the appointment of
Nicole Salazar-Hall to the Racial Equity in Policing
Commission for a term ending September 21, 2023.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
18. Board Appointment: Racial Equity in Policing
Commission - Rogelio Romero
The Council will consider approving the appointment of
Rogelio Romero to the Racial Equity in Policing Commission
for a term ending September 21, 2022.
FYI - Project Timeline: (subject to change per Chair
direction or Council discussion)
Briefing - n/a
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, September 21, 2021 Staff
Recommendation - Approve.
H. ADJOURNMENT:
CERTIFICATE OF POSTING
On or before 1:00 p.m. on Monday, September 20, 2021, the
undersigned, duly appointed City Recorder, does hereby
certify that the above notice and agenda was (1) posted on
the Utah Public Notice Website created under Utah Code
Section 63F-1-701, and (2) a copy of the foregoing provided
to The Salt Lake Tribune and/or the Deseret News and to a
local media correspondent and any others who have indicated
interest.
CINDY LOU TRISHMAN
SALT LAKE CITY RECORDER
Final action may be taken in relation to any topic listed on
the agenda, including but not limited to adoption,
rejection, amendment, addition of conditions and variations
of options discussed.
People with disabilities may make requests for reasonable
accommodation, which may include alternate formats,
interpreters, and other auxiliary aids and services. Please
make requests at least two business days in advance. To make
a request, please contact the City Council Office at
council.comments@slcgov.com, 801-535-7600, or relay service
711.
Notice of Special
Accommodations:
People with disabilities may make requests for reasonable
accommodation, which may include alternate formats, interpreters,
and other auxiliary aids and services. Please make requests at least
two business days in advance. To make a request, please contact
the City Council Office at council.comments@slcgov.com, 801-
535-7600, or relay service 711.
Notice of Electronic or
telephone participation:
This meeting will be an electronic meeting pursuant to the Chair
determination that conducting the City Council meeting at a
physical location presents a substantial risk to the health and safety
of those who may be present at the anchor location. For these
reasons, the Council Meeting will not have a physical location at
the City and County Building and all attendees will connect
remotely.
Other information:
Contact Information:Salt Lake City Council Office
(801)535-7600
council.comments@slcgov.com
Posted on:September 20, 2021 12:32 PM
Last edited on:September 20, 2021 12:32 PM
Printed from Utah's Public Notice Website (http://pmn.utah.gov/)
C-1 Public Hearing Proceedings (9-21-21)
EXHIBIT C
[ATTACH COPY OF HEARING NOTICE POSTED ON THE UTAH PUBLIC NOTICE WEBSITE]
Entity: Salt Lake City
Body: Salt Lake City Council
Subject:Hearings
Notice Title:Public Hearing and Intent to Issue Sales and Excise Tax Revenue
Bonds
Meeting Location:Subject to Chair Determination - 451 South State Street, Room
326 or Online
Salt Lake City UT 84111
Event Date & Time:September 21, 2021
September 21, 2021 07:00 PM
Description/Agenda: SALT LAKE CITY, UTAH
NOTICE OF PUBLIC HEARING AND INTENT TO ISSUE
SALES AND EXCISE TAX REVENUE BONDS
PUBLIC NOTICE IS HEREBY GIVEN that on August 17, 2021, the
City Council (the 'Council') of Salt Lake City, Utah (the
'City'), adopted a resolution (the 'Resolution'), calling
for a public hearing to receive input from the public with
respect to the issuance of its Sales and Excise Tax Revenue
Refunding Bonds (the 'Bonds') to finance all or a portion of
the cost of purchasing certain libraries that were original
financed by the Local Building Authority of Salt Lake City,
Utah, as further described in the Resolution (collectively,
the 'Project') and the potential economic impact that the
Project will have on the private sector, pursuant to the
Local Government Bonding Act, Title 11, Chapter 14, Utah
Code Annotated 1953, as amended (the 'Act').
PURPOSE FOR ISSUING BONDS
The City intends to issue the Bonds for the purpose of (1)
financing all or a portion of the costs of the Project, (2)
funding any necessary reserves and contingencies in
connection with the Bonds, and (3) paying the costs incurred
in connection with the issuance and sale of the Bonds.
MAXIMUM PRINCIPAL AMOUNT OF THE BONDS
The City intends to issue the Bonds in an aggregate
principal amount not exceeding Ten Million Five Hundred
Twenty Thousand Dollars ($10,520,000) to finance the
Project. The Bonds may be issued with other Sales and
Excise Tax Revenue Refunding Bonds being issued to refund
currently outstanding Sales and Excise Tax Revenue Bonds so
the principal amount may exceed the amount listed above to
finance the costs of the Project.
SALES TAXES PROPOSED TO BE PLEDGED
The City proposes to pledge to the payment of the Bonds all
of the legally available revenues from: (a) Local Sales and
Use Taxes received by the City pursuant to Title 59, Chapter
12, Part 2, Utah Code (currently levied and collected
pursuant to Chapter 3.04 of the Salt Lake City Code); (b)
Municipal Energy Sales and Use Taxes received by the City
pursuant to Title 10, Chapter 1, Part 3, Utah Code
(currently levied and collected pursuant to Chapter 3.06 of
the Salt Lake City Code); (c) the franchise fees for energy
and utilities received by the City pursuant to Title 10,
Chapter 1, Part 3, Utah Code (currently levied and collected
pursuant to Chapter 3.06 of Salt Lake City Code); (d) the
Municipal Telecommunications License Tax revenues received
by the City pursuant to Title 10, Chapter 1, Part 4, Utah
Code (currently levied and collected pursuant to Chapter
3.10 of Salt Lake City Code); (e) the franchise fees
associated with public utilities received by the City
pursuant to Title 10, Chapter 1, Part 3, Utah Code
(currently levied and collected pursuant to Chapter
17.16.070 of Salt Lake City Code); and (f) the franchise
fees associated with cable television received by the City
pursuant to Salt Lake City Code Chapter 5.20.
TIME, PLACE AND LOCATION OF PUBLIC HEARING
The City will hold a public hearing during its City Council
meeting which begins at 7:00 p.m. on September 21, 2021.
The public hearing will be held either virtually or at the
regular meeting place of the Council in Room 326 in the City
and County Building, 451 South State Street, in Salt Lake
City, Utah, or any combination thereof, as determined by the
Chair of the City Council. All members of the public are
invited to attend and participate in the public hearing in
the manner that will be described in the agenda for the
meeting. Written comments may be submitted to the City, to
the attention of the City Recorder, prior to the public
hearing.
PURPOSE FOR HEARING
The purpose of the hearing is to receive input from the
public with respect to the issuance of the Bonds and the
potential economic impact that the Project will have on the
private sector.
NOTICE OF RIGHT TO FILE PETITION TO HOLD AN ELECTION
NOTICE IS FURTHER GIVEN that pursuant to Section 11-14-
307(7), Utah Code, if within 30 calendar days of the
publication of this notice on August 18, 2021, by posting on
the Utah Public Notice Website, a written petition
requesting an election and signed by at least twenty percent
(20%) of the registered voters of the City is filed with the
City, then the City shall submit the question of whether or
not to issue the Bonds to the voters of the City for their
approval or rejection.
If no written petition is filed or if fewer than 20% of the
registered voters of the City sign a written petition, in
either case, within 30 calendar days of the posting of this
notice on August 18, 2021, the City may proceed to issue the
Bonds without an election.
SALT LAKE CITY, UTAH
By /s/ Cindy Lou Trishman
City Recorder
Notice of Special
Accommodations:
People with disabilities may make requests for reasonable
accommodation, which may include alternate formats, interpreters,
and other auxiliary aids and services. Please make requests at least
two business days in advance. To make a request, please contact
the City Council Office at council.comments@slcgov.com, 801-
535-7600, or relay service 711.
Notice of Electronic or
telephone participation:
The public hearing will be held either virtually or at the regular
meeting place of the Council in Room 326 in the City and County
Building, 451 South State Street, in Salt Lake City, Utah, or any
combination thereof, as determined by the Chair of the City
Council. All members of the public are invited to attend and
participate in the public hearing in the manner that will be
described in the agenda for the meeting.
Other information:
Contact Information:Salt Lake City Council Office
(801)535-7600
council.comments@slcgov.com
Posted on:August 18, 2021 11:39 AM
Last edited on:August 18, 2021 11:39 AM
Printed from Utah's Public Notice Website (http://pmn.utah.gov/)
D-1 Public Hearing Proceedings (9-21-21)
EXHIBIT D
[ATTACH WRITTEN COMMENTS, IF ANY]
NONE PROVIDED ON THIS TOPIC
E-1 Public Hearing Proceedings (9-21-21)
EXHIBIT E
[PERSONS PROVIDING INPUT AT THE PUBLIC HEARING LISTED BELOW]
Mr. George Chapman provided verbal comments in opposition of the Bond funding list;
specifically indicating that street maintenance and police patrols in City parks are a higher priority
to the City’s safety and should be prioritized with funding available.
Approved_Minutes Delegating GO Bond Public
Hearing Proceedings v3 (9-21-21)
Final Audit Report 2021-10-20
Created:2021-10-20
By:Cindy Trishman (cindy.trishman@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAiXlqV8n0iilQ_rOSWQUw0qdtk1BTq23c
"Approved_Minutes Delegating GO Bond Public Hearing Procee
dings v3 (9-21-21)" History
Document created by Cindy Trishman (cindy.trishman@slcgov.com)
2021-10-20 - 2:35:21 AM GMT
Document emailed to Chris Wharton (chris.wharton@slcgov.com) for signature
2021-10-20 - 2:37:17 AM GMT
Email viewed by Chris Wharton (chris.wharton@slcgov.com)
2021-10-20 - 2:39:22 AM GMT
Document e-signed by Chris Wharton (chris.wharton@slcgov.com)
Signature Date: 2021-10-20 - 2:39:31 AM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2021-10-20 - 2:39:32 AM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2021-10-20 - 2:40:44 AM GMT - Time Source: server
Agreement completed.
2021-10-20 - 2:40:44 AM GMT
will be in if forced to potentially violate federal law because they cannot require a mask
mandate, as they would not have the flexibility and nuance that these difficult issues require.
While we do have concerns about the legal aspects of not continuing a mask mandate, the fact is
that it is bad policy to remove effective safety precautions that will negatively impact students
with disabilities. All students should be able to safely return to school after such a difficult year.
A mask mandate would ensure that students with disabilities are not forced to remain at home,
segregated from their peers, nor are they forced to receive a lesser education. We urge you to
keep the mask mandate in place. Thank you for your time and consideration of our position.