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06/12/1990 - Minutes 410 PROCEE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, June 12, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. The meeting was called to said the first option would be to order at 5:05 p.m. restore the annual pickup by increasing the garbage fee $1 . 25 EXECUTIVE DIRECTOR BRIEFING per month and placing the money in an enterprise fund to make this a Ms. Gust-Jenson said the self-operating account. In addi- Council staff had prepared the tion, option one would charge an additional motions which the additional $1 . 25 on the first can Council requested and Ms. Nielson to fund the neighborhood cleanup. distributed these to the Council. She said the second option would be to establish the $5 . 25 per can Ms. Gust-Jenson said the fee to make the fund self sustain- Council had received the back- ing, but not restore the neighbor- ground information on Item F-3 for hood cleanup. the tax and revenue anticipation notes so the Council would only Ms. Gust-Jenson said Item F- need to adopt the resolution. She 11 concerned the storm drainage said that items F-4, F-5, and F-6 ordinance. She said Items F-12 related to the sale of special through F-15 would adopt the assessment bonds and the Council compensation plans for the employ- had received a memo earlier which ees and take effect on July 1, provided the background informa- 1990. She indicated that if tion. employees signed contracts prior to July 1, 1990, the signed con- Ms. Gust-Jenson said that tract(s) would supersede the Item F-7 involved the business ordinance(s) . license fee increase from $60.00 to $70.00 and Item F-8 involved Ms. Gust-Jenson said Item F- implementing the animal impound 18 listed the legislative intents fee. and she told the Council that they would need to vote for any intents Ms. Gust-Jenson said the they supported and make a motion. budget office would be present at Councilmember Hardman said the the Council meeting to calculate blue copy of legislative intents the figures on the Council ' s the Council received in their recommendations. packets on Friday was current. Ms. Gust-Jenson said the Councilmember Godfrey asked Council had two options that they for clarification on which of the could choose on item F-10 for the legislative intents would require refuse collection ordinance. She a letter to notify the Administra- 90-208 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI• UTAH TUESDAY, JUNE 12, 1990 tion and/or public. Ms. Gust- Ms. Gust-Jenson said if the Jenson said that items under Council approved making the annual Section A and some of the items trash pickup self-supporting, under H would require written increased the business license notification if they were ap- fees, and approved the animal proved. Councilmember Godfrey sign-over fee, there would be an asked if the Council would have to additional $227, 500 in ongoing make motions or support the in- revenue available for expendi- tents. Ms. Gust-Jenson said the tures. items listed in the A category would require motions. Ms. Gust-Jenson said if the Council elected to restore the Councilmember Hardman asked annual trash pickup to the general the Council if they had any ques- fund and did not approve the $1 .25 tions on the legislative intents. increase, there would only be The Council had no further ques- $39, 500 available. tions. Ms. Gust-Jenson said the Ms. Gust-Jenson said the Council ' s options were to A) TEFRA Hearing had been scheduled approve the Administration' s for 6:00 and this could precede recommendation and replace the the other items on the agenda. $268, 800 in one-time money with Councilmember Whitehead said this most of the $270,000 on going was a good option because the revenue or B1 ) reduce the property budget would take an undesignated tax increase by $1 .73 from $16.00 amount of time. Ms. Gust-Jenson to $14.27 or B2) put the $227, 500 said that a revised interlocal in contingency and put $98, 227 in agreement had been distributed to governmental immunity. the Council Members. Councilmember Pace asked if the money was placed in the contingen- Councilmember Hardman asked cy fund if it could be moved to if the Council had any questions other funds. Ms. Gust-Jenson said on the agenda. The Council had no it could be moved with the approv- further questions. al of the Council. Ms. Gust-Jenson said the Ms. Gust-Jenson said that staff had prepared a memo suggest- Option C would allocate $39, 500 to ing options for the Council on how restore the annual pickup to the to utilize the $270, 000 that had general fund and would require an become available, once official additional property tax increase tax figures were received from of $1.94 for a total of $17.94 on Salt Lake County. She said the a $70,000 home. She said that Council could leave the $268, 800 Option D would involve using the in one-time money in the salary $270,000 in revenue and the $39, - package, but that this would 500 fee increase to restore the create an "automatic deficit" in trash pickup to the general fund. the next budget year. She indicated that this would not resolve the "automatic deficit" in Ms. Gust-Jenson said the the budget for the next fiscal second option suggested was to year, which could be created by replace one-time money with the the use of one-time money in the ongoing revenue. This would give labor package. the Council $268, 800 in one-time money to allocate for one-time expenditures. 90-209 411 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Ms. Gust-Jenson said that Godfrey said if the Council fol- Option El ) would take the $227, 500 lowed the order on the work sheet increase in ongoing revenue and it should run smoothly. combine it with the $270,000 one- time money to allow a reduction in Ms. Gust-Jenson said she may the property tax increase of $3.79 interrupt the Council occasionally from the $16.00 to $12.21, or E2) to give them information on a would take $227, 500, plus $109,000 motion. additional funds with the $270,000 one-time money to allow a reduc- Ms. Gust-Jenson said that tion of $4. 62 in the property tax Item F-16 #11 had been crossed out increase from $16.00 to $11.39. and replaced by Item F-16 #16. She said that both of these op- Mr. Bond, finance office, said tions could leave "automatic that this recommendation would deficits" for the next fiscal reduce transfers from other funds year' s budget. into the S. I.D. fund so that one- time money could be replaced by Ms. Gust-Jenson distributed ongoing money. some additional motions to the Council if they approved the use Ms. Gust-Jenson said Item F- of the one-time money of $268, 800 16 #12 would increase administra- towards capital improvement tive service fees by $25,000 to projects. Councilmember Pace reflect the enterprise fund' s asked what the dollar amount would portion of the insurance deficit be to restore funding for the pay out. She said that Item F-16 Liberty Park swimming pool. Ms. #13 would increase business li- Gust-Jenson said that two scenari- cense fees from $60.00 to $70.00, os had been listed to restore the that Item F-16 #14 would create Liberty Park swimming pool and the animal impound fee and in- asked Councilmember Horrocks to crease revenue at an estimate of explain the restoration. $10,000 yearly. Councilmember Horrocks said that the City was in the midst of a Ms. Gust-Jenson said Item F- gang and drug crisis and it was 16 #15 would need to be voted on logical to close the Liberty Park if the Council approved the $1 .25 pool and build a pool that was increase in garbage fees. She attractive for the children to said that Item F-16 #16 would use. He said that capital im- decrease revenue transfers by provement funds could be used to $238, 700. complete the pool. Councilmember Pace asked if the one-time money Ms. Gust-Jenson said Item 17 could be used over a two year would need to be voted on if the period. Councilmember Godfrey $1.25 increase in garbage fees was said that it could be used over a approved. She said Item 18 would two year period. approve the overall motions in the individual department budgets. Ms. Gust-Jenson said that the second handout listed the motions Councilmember Godfrey asked the Councilmembers would need to if the Council would need to make to support the options they approve the overall general fund had approved. Councilmember motions if they approved the Hardman said the Councilmembers compensation ordinances. Mr. Bond would need to determine when to said the Council would need to make their motions. Councilmember approve this item if they wanted 90-210 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CIY, UTAH TUESDAY, JUNE 12, 1990 to fund $187,000 general fund 28 would decrease the police contingency money for the contract budget by $144, 500 by eliminating negotiations. Councilmember Pace funding for early retirement, and asked what this money would be Item 29 would decrease the public used for. Mr. Bond said it would works budget by $163, 000 to re- be used for fall back protection. flect the transfer of the annual Councilmember Godfrey said if the trash pickup to the refuse collec- Council approved the compensation tion fund. ordinances they would need to approve these budget changes as Ms. Gust-Jenson said Item 30 well. Councilmember Hardman asked would restore $294, 000 to the if the Council could assume the public works budget to reflect the contract negotiations had been restoration of the annual trash taken care of if they approved pickup if the money was left in Item F-18. Mr. Bond said that was the general fund. Councilmember correct. Horrocks asked what the costs for the annual trash pickup were. Ms. Ms. Gust-Jenson said that Gust-Jenson said the cost was Item 19 would decrease the Attor- $294,000. Councilmember Horrocks ney's Office budget by $85,000 in asked why the figures differed if jury & witness fees and Item 20 the money was placed in an enter- would decrease the Fire Department prise fund as opposed to being budget by $70,000 to eliminate left in the general fund. Mr. funding for two retirements. Ms. Bond said that if the annual trash Gust-Jenson said Item 21 would pickup was transferred to an increase the Human Resource in- enterprise fund, the enterprise house training budget by $30, 000. fund would need to restore the $188,000 money budgeted in the Ms. Gust-Jenson said Item 22 general fund for the annual trash would decrease the Information pickup. He said this would free Management Services internal up $188,000 in the general fund to service fund budget by $36, 730 to use for other items. reflect the funding of a portion of this money in fiscal year 1989- Ms. Gust-Jenson said Item 31 90. She said Item 23 would in- was a technical motion and would crease the Fleet Management inter- decrease the capital projects fund nal service fund budget by $155, - by $144, 000 to eliminate funding 125 to restore fleet maintenance of the Canterbury Park project. costs for the restoration of the Councilmember Hardman asked how neighborhood cleanup program. She this would affect the Canterbury said Item 24 would increase the Park project. Mr. Fawcett, fi- parks budget by $13,000 to fund nance office, said it would not the Jordan Park greenhouse, Item affect the project because CDBG 25 would increase the parks budget money had been allocated to the by $5, 500 to fund the opening of loan payment and this money was the Liberty Park pool for the 1990 not needed. Councilmember Hardman season, and Item 26 would increase asked when this money would be the Parks budget by $28, 000 to made up. Mr. Fawcett said the fund a full-time security guard money would not need to be made up position for the City cemetery. because the capital improvement projects fund would allocate a Ms. Gust-Jenson said Item 27 portion of revenue proceeds if would approve the hiring of 46 needed to fund the project. additional police officers, Item Councilmember Hardman asked if the 90-211 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CI• UTAH TUESDAY, JUNE 12, 1990 wording in the motion would need Ms. Gust-Jenson said Items 38 to be changed. Ms. Gust-Jenson and 39 were optional for the said that it would not need to be Council to approve. She said changed, since it is correct from Items 40 and 41 would approve the an accounting point of view. budget amount, the tax rate and the library fund rate. Ms. Gust-Jenson said Item 32 would be used if a Councilmember Councilmember Hardman asked wanted to make a motion to in- if the Council had any further crease the capital projects fund questions. for a particular project, only if the garbage fees were increased The meeting was adjourned at under option one. She said Item 6:00 p.m. 33 would approve the transfer of funds to the Capital Projects funds if a Councilmember made a motion to fund a project on Item 32 and it was approved. Ms. Gust-Jenson said Item 34 was to increase funding in the debt service fund due to an ac- counting error, and Item 35 was to decrease funding in the municipal building authority fund due to an accounting error. Ms. Gust-Jenson said Item 36 would transfer $98, 227 from the general fund to the governmental immunity fund. She said Item 37 would involve replacing one-time money with ongoing revenue to decrease the S. I.D. debt service fund transfers from $238, 700 to $161,300. Mr. Bond said this was being recommended because they wanted to keep the one-time money separated from the ongoing money. Councilmember Godfrey asked if this option was approved, would the Council need to approve either Item 36 or Item 37. Mr. Bond said they did not have to approve Item 36 or 37. Councilmember Kirk asked if Items 36 and 37 would approve the Mayor' s recommendation. Ms. Gust- Jenson said it would, and if the Council preferred to reduce prop- erty taxes or use the money in another way, they should not vote for Items 36 or 37. 90-212 PROCEINGS OF THE CITY COUNCIL OF SALT LAKE CIT`Sl, UTAH TUESDAY, JUNE 12, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 12, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Steven Allred, Deputy City Attorney, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Hardman presided at the meeting and Councilmember Whitehead conducted the meeting. OPENING CEREMONIES and their International ' s econom- ics department, and said this #1. Police Chaplain Bob audit showed that the city was Meredith gave the invocation. fiscally sound and financially stable. He said each Council #2. The Council led the Member had a copy of this audit Pledge of Allegiance. and said he hoped they would be willing to take a close look at #3. Councilmember Godfrey it. moved and Councilmember Kirk seconded to approve the minutes of He said what the employees the Salt Lake City Council for the lacked in cost of living increases regular meeting held Tuesday, June related to inflation was approxi- 5, 1990, which motion carried, all mately $3,000 per month less than members voted aye except Council- counterparts in other major cit- member Hardman who was absent for ies. He asked at what point the the vote. Mayor would say employees deserved (M 90-1) a decent cost of living adjust- ment; and he said he wondered when COMMENTS organizations such as the Tax Payers Association would support #1. Gordon Ottley, president employees and express their appre- of AFSCME Local 1004, said the ciation for the efficient way in employees were disappointed with which the city was maintained. He the last offer given by the city. also asked when the City Council He said employees from various would concur with this position. departments (water, sewer, water He said 2% would not be satisfac- reclamation, streets, parks, tory. cemetery, airport maintenance and law enforcement, animal control, He said the city could save parking enforcement, engineering, money by auditing the upper 300 police and fire dispatch) were level pay classes. He expressed represented in the audience. his opinion that the city had too many people in this pay level and He referred to a budget audit he said the hard-working people in which was performed by his office the union were tired of not being 90-213 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 fairly compensated. He said it CONSENT AGENDA would be improper and unfair to pass a budget that didn't ade- Councilmember Godfrey moved quately compensate the employees. and Councilmember Horrocks second- He asked the Council to put the ed to approve the consent agenda, employees higher on their priority which motion carried, all members list. He said there was one more voted aye. contract negotiation meeting and he asked the Council to give Mr. #1. RE: Setting a date to Gisler enough money to work with hold a public hearing on August 7, since they were not far apart on 1990, at 6:20 p.m. to receive their positions. comments and consider adopting a resolution endorsing the Salt Lake #2. Sandra Hutchinson said City Housing Policy; and referring she had lived in her home north of this to the Committee of the 2100 South for 7. 5 years. She Whole. said during this time they had (T 90-18) lived with city employees working on the water line from 10:00 p.m. #2. RE: Setting a date to to 6:00 a.m. and had lost count- hold a public hearing on July 10, less hours of sleep. She said for 1990, at 6:40 p.m. to receive 7 years she had been told to talk public comment and consider adopt- to the neighborhood council, the ing an ordinance adding the City Council, the Mayor, and the Anthony H. Godbe House at 943 East water department about this situa- South Temple as a city landmark tion but no one seemed to be site. responsible. She said she under- (L 90-1) stood that the problem was a budget situation. #3. RE: Adopting Resolution 70 of 1990 authorizing the execu- She said she called at 4:00 tion of an interlocal cooperation p.m. today and no one at the water agreement between Salt Lake City department seemed to know what the Corporation and USDA-Forest Ser- problem was and didn't seem to vice, Wasatch-Cache National know that workers had been out to Forest, for prevention and sup- set up reflectors. She suggested pression of wildland fires on that the Council look at the intermingled or adjacent National administrative level to find money Forest and city owned land. for the workers. She said the (C 90-298) administrative level didn't seem to know what was happening at the NEW BUSINESS workers ' level. #1. RE: An ordinance amend- She said she was promised a ing Section 16. 12. 190 of the Salt new water line last fall since Lake City Code relating to fuel this was the oldest section of the and oil royalties. city. She said the city had already spent in excess of what a ACTION: Without objection new water line cost. She ex- Councilmember Whitehead referred pressed her opinion that if opera- this to the consent agenda. tions were properly run at the (0 90-28) administrative level, then the city would have money for employ- ees. 90-214 010 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 #2. RE: The reappointment 1990, which motion carried, all of Eddie Mayne to the Airport members voted aye. Authority Board. (P 90-86) ACTION: Without objection #3. RE: A resolution autho- Councilmember Whitehead referred rizing the issuance and confirming this to the consent agenda. the sale of the $17, 500, 000 Tax (I 90-11) and Revenue Anticipation Notes, Series 1990, providing for cove- #3. RE: The reappointment nants to establish and maintain of Fred S. Ball to the Central the excludability of interest on Business Improvement District. the notes from gross income of the holders thereof for federal income ACTION: Without objection tax purposes; and providing for Councilmember Whitehead referred related matters. this to the consent agenda. (I 90-12) ACTION: Councilmember Hor- rocks moved and Councilmember Pace #4. RE: The reappointment of seconded to adopt Resolution 69 of Lynn Thatcher to the Mosquito 1990, which motion carried, all Abatement District. members voted aye. (Q 90-5) ACTION: Councilmember Godfrey moved and Councilmember Kirk #4. RE: A resolution autho- seconded to suspend the rules and rizing the issuance and providing approve the reappointment on first for the sale of Salt Lake City reading, which motion carried, all $224,000 Special Assessment Bonds, members voted aye. Series 1990, California Avenue (I 90-8) Curb and Gutter Extension Special Improvement District #38-724, UNFINISHED COUNCIL BUSINESS ( "The Bonds" ) ; providing for pricing and terms of the bonds, #1. RE: Consider adopting a prescribing the form of bonds, the resolution declaring that the maturity and denomination of said proposed Special Improvement bonds; providing for the continu- District #50-1396 for DeLong and ance of a guaranty fund; authoriz- March Streets not be established. ing and approving the form of a bond purchase agreement and the ACTION: Councilmember Kirk Official Statement, and related moved and Councilmember Hale matters. seconded to adopt Resolution 74 of 1990, which motion carried, all ACTION: Councilmember Godfrey members voted aye. moved and Councilmember Kirk (Q 90-4) seconded to adopt Resolution 71 of 1990, which motion carried, all #2. RE: An ordinance enact- members voted aye. ing Section 21. 10.090 providing (Q 86-14) for waiver of hearing fees for alley vacations in residential #5. RE: A resolution autho- zoning districts. rizing the issuance and providing for the sale of Salt Lake City, ACTION: Councilmember Godfrey $659,000 Special Assessment Bonds, moved and Councilmember Horrocks Series 1990, California Avenue seconded to adopt Ordinance 43 of Special Improvement District #38- 90-215 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 808, ( "The Bonds" ) , providing for #8. RE: An ordinance enact- pricing and terms of the bonds, ing Section 8.04.352, Salt Lake prescribing the form of bonds, the City Code, relating to the imposi- maturity and denomination of said tion of an impound fee for volun- bonds; providing for the continu- tary relinquishment of dogs and ance of a guaranty fund; authoriz- cats by the owner thereof to the ing and approving the form of a animal control facility. bond purchase agreement and the Official Statement, and related ACTION: Councilmember Godfrey matters. moved and Councilmember Kirk seconded to adopt Ordinance 45 of ACTION: Councilmember Godfrey 1990 establishing fees for the moved and Councilmember Kirk voluntary disposal of cats and seconded to adopt Resolution 72 of dogs at $5 per cat or litter of 1990, which motion carried, all kittens and $10 per dog or litter members voted aye. of puppies, which motion carried, (Q 89-2) all members voted aye. (0 90-29 ) #6. RE: A resolution autho- rizing the issuance and providing #9. RE: An ordinance enact- for the sale of Salt Lake City ing Sections 3.40.010, 3.40.020, $913,000 Special Assessment Bonds, and 3.40.030 of the Salt Lake City Series 1990, Special Improvement Code relating to payment in lieu District #38-830, ( "The Bonds" ) , of taxes for city property assets providing for pricing and terms of used by the water, sewer and the bonds, prescribing the form of refuse enterprise funds. bonds, the maturity and denomina- tion of said bonds; providing for ACTION: Councilmember Godfrey the continuance of a guaranty moved and Councilmember Kirk fund; authorizing and approving seconded to adopt Ordinance 46 of the form of a bond purchase agree- 1990, which motion carried, all ment and the Official Statement, members voted aye. and related matters. (0 90-25) ACTION: Councilmember Godfrey #10. RE: An ordinance amend- moved and Councilmember Hale ing subparagraph B and adding a seconded to adopt Resolution 73 of new subparagraph G to Section 1990, which motion carried, all 9.08.030 relating to refuse pickup members voted aye. charges; changing the state code (Q 88-3) reference in Section 9.08.030E to reflect the current state law for #7. RE: An ordinance amend- indigent abatement of taxes; and ing Section 5.04.070.A of the Salt revising Section 9.08.070 relating Lake City Code relating to busi- to refuse container specifica- ness revenue license fees. tions, Salt Lake City Code. ACTION: Councilmember Godfrey ACTION: Councilmember Godfrey moved and Councilmember Kirk moved and Councilmember Kirk seconded to adopt Ordinance 44 of seconded to adopt an ordinance 1990 increasing the business amending subparagraph B and adding license revenue fees from $60 to a new subparagraph G to Section $70, which motion carried, all 9.08.030 of the Salt Lake City members voted aye. Code increasing the refuse collec- (0 90-22) tion fee from $4 for the first 90-216 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 city-supplied trash can and $2 for on the water bill in fees each the second city-supplied trash can year than for property taxes and to $6. 50 for the first can and the fees were not tax deductible. $5. 25 for each subsequent can; changing the State Code reference He said at one point all city in Section 9.08.030E to reflect services were paid for primarily current state law for indigent with property taxes from the abatement of taxes; and revising general fund. He said several Section 9.08.070 relating to years ago the city established refuse container specifications. water and sewer funds and charged user fees. He said in 1986 the Councilmember Hardman moved Mayor and Council decided to and Councilmember Whitehead sec- charge a 6% franchise fee on the onded to make a substitute motion city' s own water utility, and in to use $270,000 in revenue real- 1987 the Mayor and City Council ized with the actual property tax transferred garbage collection to figures combined with $39, 500 from the water bill. He said that each the fee increases to restore the time the citizens did not see a annual neighborhood trash pickup reduction in their property taxes. to the general fund. This motion was withdrawn. He said now the Council was considering raising the garbage The Council then voted on the fee and transferring the annual original motion and adopted Ordi- trash pickup to the water bill nance 47 of 1990, which motion without a reduction in property carried, all members voted aye taxes. He said he thought these except Councilmembers Whitehead fees were taxes disguised as user and Hardman who voted nay. fees. He said by adopting the ordinance increasing garbage fees DISCUSSION: Councilmember from $4.00 to $6. 50, the Council Hardman said he supported the user would raise taxes this year by an fee concept but believed that if a additional $30 per year added to service such as weekly garbage the average home owner' s water collection or the annual trash bill. He suggested that the best cleanup program was transferred to way to fund the annual trash a user fee, there should be a pickup was to do so out of the corresponding reduction in proper- surpluses which had become avail- ty taxes. Otherwise the city was able. creating another tax. He said many people questioned why proper- Councilmember Whitehead a- ty taxes continued to increase greed with Mr. Hardman and said he when traditional services were supported funding the annual trash being transferred to user fees. pickup with property taxes rather They also questioned what proper- than with a user fee. ty taxes were used for with all the user fees being created. Councilmember Kirk said the major problem she had with keeping He said the owner of a $70, - the trash pickup in the general 000 home (the average cost for fund was that businesses would pay homes in Salt Lake City) paid for a service they didn't receive, about $220 a year in property which would be unfair to them. taxes for city services including She also said they had made a the library system. He said the strong commitment to move towards average home owner was paying more user fees and she suggested that 90-217 411 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 it would philosophically inappro- #13. RE: An ordinance amend- priate to change direction. ing Section 2. 52. 118 of the Salt Lake City Code adopting the com- Cindy Gust-Jenson, Council pensation plan for 200 Series Executive Director, pointed out employees effective commencing that Councilmember Hardman' s July 1, 1990, and ending June 30, motion was not appropriate at this 1991. time. She said part of his motion could be considered but the Coun- ACTION: Councilmember Godfrey cil would have to appropriate the moved and Councilmember Pace $270, 000 at the proper time seconded to adopt Ordinance 50 of during the budget consideration. 1990, adopting the compensation (0 90-24) plan for 200 Series employees effective commencing July 1, 1990, #11. RE: An ordinance amend- and ending June 30, 1991, except ing Sections 2.08. 100 and 2.08. 110 as the plan may be amended by the of the Salt Lake City Code, relat- City Council or upon approval of a ing to the shift of responsibility memorandum of understanding be- for storm drainage from the De- tween the city and the recognized partment of Public Works to the employee bargaining unit prior to Department of Public Utilities. June 30, 1990, which motion car- ried, all members voted aye. ACTION: Councilmember Godfrey (0 90-31) moved and Councilmember Kirk seconded to adopt Ordinance 48 of #14. RE: An ordinance amend- 1990, which motion carried, all ing Section 2. 52. 115 of the Salt members voted aye except Lake City Code adopting the com- Councilmember Hardman who voted pensation plan for 400 Series nay. employees effective commencing (0 90-23) July 1, 1990, and ending June 30, 1991. #12. RE: An ordinance amend- ing Section 2. 52. 117 of the Salt ACTION: Councilmember Godfrey Lake City Code adopting the com- moved and Councilmember Pace pensation plan for 100 Series seconded to adopt Ordinance 51 of employees effective commencing 1990, adopting the compensation July 1, 1990, and ending June 30, plan for 400 Series employees 1991. effective commencing July 1, 1990, and ending June 30, 1991, except ACTION: Councilmember Kirk as the plan may be amended by the moved and Councilmember Godfrey City Council or upon approval of a seconded to adopt Ordinance 49 of memorandum of understanding be- 1990, adopting the compensation tween the city and the recognized plan for 100 Series employees employee bargaining unit prior to effective commencing July 1, 1990, June 30, 1990, which motion car- and ending June 30, 1991, except ried, all members voted aye. as the plan may be amended by the (0 90-32) City Council or upon approval of a memorandum of understanding be- #15. RE: An ordinance amend- tween the city and the recognized ing Section 2. 52.010 Salt Lake employee bargaining unit prior to City Code, as last amended by June 30, 1990, which motion car- Bill 41 of 1989 relating to com- ried, all members voted aye. pensation of Salt Lake City Cor- (0 90-30) poration officers and employees. 90-218 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 ACTION: Councilmember Godfrey an animal impound fee, which moved and Councilmember Pace motion carried, all members voted seconded to adopt Ordinance 52 of aye. 1990, which motion carried, all members voted aye. #5. Councilmember Godfrey (0 90-33) moved and Councilmember Kirk seconded to increase anticipated #16. RE: An ordinance adopt- interfund reimbursements by $25,- ing the budgets, including the 000 to reflect an increase in library fund budget, and the administrative service charges employment staffing document of received from the refuse collec- Salt Lake City, Utah, for the tion fund, which motion carried, fiscal year beginning July 1, all members voted aye except 1990, and ending June 30, 1991, Councilmember Hardman who voted subject to the hearing required by nay. Title 59, Chapter 2 of the Utah Code Annotated. #6. Councilmember Godfrey moved and Councilmember Horrocks ACTION: #1. Councilmember seconded to decrease anticipated Godfrey moved and Councilmember revenue from transfers from other Kirk seconded to increase the funds by $238,700, which motion refuse collection fund projected failed, Councilmembers Horrocks, revenues by $572,977 to reflect Pace and Godfrey voted aye and revenue from the fee increase Councilmembers Whitehead, Hardman, related to the transfer of neigh- Kirk and Hale voted nay. borhood trash cleanup to the enterprise fund, which motion #7. Councilmember Godfrey carried, all members voted aye moved and Councilmember Kirk except Councilmembers Whitehead seconded to increase the refuse and Hardman who voted nay. collection fund operating and capital budget by $502,000 to #2. Councilmember Godfrey reflect the transfer of the neigh- moved and Councilmember Kirk borhood cleanup program from the seconded to increase anticipated general fund, which motion car- administrative service fees by ried, all members voted aye except $25,000 to reflect the enterprise Councilmembers Whitehead and fund' s portion of the insurance Hardman who voted nay. deficit pay out, which motion carried, all members voted aye. #8. Councilmember Godfrey moved and Councilmember Horrocks #3. Councilmember Godfrey seconded to increase salary and moved and Councilmember Kirk retirement budgets by $109,961 in seconded to increase anticipated the general fund and $19,901 in license fee revenue by $48,000 the fleet management internal reflecting an increase in business service fund to be applied depart- license revenue fees from $60 to ment by department as follows: $70, which motion carried, all members voted aye. Attorney -530 Community/Economic #4. Councilmember Godfrey Development -11, 684 moved and Councilmember Hale Council -359 seconded to increase anticipated Finance -9,055 license fee revenue by $10,000 Fire -54, 177 reflecting the implementation of HRAS -8,976 90-219 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Internal Audit +698 90, which motion carried, all Mayor +424 members voted aye. Parks/Recreation -34, 764 Police +82, 408 #13. Councilmember Godfrey Public Works -41, 659 moved and Councilmember Horrocks General Fund Salary seconded to increase the Fleet Contingency +187, 635 Management internal service fund Fleet Management Internal budget by $155,125 to reflect Service Fund +19, 901 fleet maintenance costs associated with the restoration of the neigh- Which motion carried, all members borhood cleanup program, which voted aye except Councilmembers motion carried, all members voted Kirk and Hale who voted nay. aye. #9. Councilmember Godfrey #14. Councilmember Godfrey moved and Councilmember Kirk moved and Councilmember Kirk seconded to decrease the Attor- seconded to increase the Parks ney's Office budget by $85,000 to Department operations and mainte- reflect a reduction in jury and nance budget by $13,000 to fund witness fees, which motion car- the opening of the Jordan Park ried, all members voted aye. greenhouse, which motion carried, all members voted aye. #10. Councilmember Kirk moved and Councilmember Hardman seconded #15. Councilmember Godfrey to decrease the Fire Department moved and Councilmember Hardman budget by $70,000 to eliminate seconded to increase the Parks funding for two early retirements Department recreation budget by to be absorbed through vacancies, $5,500 to fund the opening of the which motion failed, Council- Liberty Park pool for the summer members Hardman and Kirk voted aye of 1990, which motion carried, all and Councilmembers Whitehead, members voted aye. Horrocks, Pace, Godfrey and Hale voted nay. #16. Councilmember Pace moved and Councilmember Hale seconded to #11. Councilmember Godfrey increase the Parks Department moved and Councilmember Hardman cemetery budget by $28,000 and 1 seconded to increase the Human FTE for a security guard, which Resources and Administrative motion failed, Councilmembers Services Department Human Resourc- Horrocks, Pace and Hale voted aye es Management Division budget by and Councilmembers Whitehead, $30,000 for in-house training Hardman, Godfrey, and Kirk voted materials, which motion carried, nay. all members voted aye except Councilmembers Whitehead and Kirk #17. Councilmember Godfrey who voted nay. moved and Councilmember Kirk seconded to support the Mayor's #12. Councilmember Godfrey recommended hiring of 46 addition- moved and Councilmember Kirk al police officers, which motion seconded to decrease the Informa- carried, all members voted aye. tion Management Services internal service fund budget by $36,730 to #18. Councilmember Godfrey reflect the funding of a portion moved and Councilmember Kirk of the computer hardware mainte- seconded to decrease the Public nance program in Fiscal Year 1989- 90-220 PROCEhDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Works Department budget by $163,- and Councilmember Kirk seconded to 000 to reflect the transfer of make a substitute motion to neighborhood cleanup to the refuse transfer $109,961 of one-time collection fund, which motion money from general fund contingen- carried, all members voted aye cy to the capital projects fund to except Councilmember Hardman who fund the Liberty Park pool, which voted nay. motion failed, Councilmembers Hardman and Kirk voted aye and #19. Councilmember Godfrey Councilmembers Whitehead, moved and Councilmember Pace Horrocks, Pace, Godfrey and Hale seconded that the capital projects voted nay. fund budget be decreased by $144, - 000 to reflect the elimination of The Council then voted on the the Canterbury Apartment project, original motion, which motion which motion carried, all members failed, Councilmembers Horrocks, voted aye. Pace and Godfrey voted aye and Councilmembers Whitehead, Hardman, #20. Councilmember Godfrey Kirk and Hale voted nay. moved and Councilmember Kirk seconded that the debt service #24. Councilmember Kirk moved fund building restoration transfer and Councilmember Whitehead sec- out be increased by $105,000 for a onded to approve the 1990-91 total of $4,358, 642, to correct an general fund budget totaling accounting error, which motion $86,106,086, pending the comple- carried, all members voted aye. tion of a public hearing scheduled for August 9, 1990; and all other #21. Councilmember Godfrey budgets as presented by the Mayor moved and Councilmember Hale and altered by Council motion, and seconded that the Municipal Build- adopt an ordinance adopting the ing Authority fund be reduced by interim budgets of Salt Lake City, $680,000 for a total of $4, 140,408 Utah, including the library fund to correct an accounting error, budget totaling $6,712, 227 for the which motion carried, all members fiscal year beginning July 1, voted aye. 1990, and ending June 30, 1991, which motion failed, Council- #22. Councilmember Godfrey members Whitehead, Kirk and Hale moved and Councilmembers Horrocks voted aye and Councilmembers seconded that general fund trans- Horrocks, Pace, Hardman and fers out to the governmental Godfrey voted nay. immunity fund be increased by $98, 227, which motion failed, #25. Councilmember Godfrey Councilmembers Pace and Godfrey moved and Councilmember Horrocks voted aye and Councilmembers seconded to increase the general Whitehead, Horrocks, Hardman, Kirk fund contingency by $197, 500, and Hale voted nay. which motion carried, all members voted aye except Councilmember #23. Councilmember Godfrey Kirk who voted nay. moved and Councilmember Horrocks seconded that the capital projects #26. Councilmember Godfrey fund budget be increased by $197, - moved and Councilmember Pace 500 to fund the Liberty Park pool seconded to approve the 1990-91 project. general fund budget totaling $86,303,586, pending the comple- Councilmember Hardman moved tion of a public hearing scheduled 90-221 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 for August 9, 1990; and all other 238, 700. Councilmember Kirk said budgets as presented by the Mayor if they did this the Council and altered by Council motion, and couldn't reduce the amount of the adopt Ordinance 53 of 1990 adopt- property tax increase. ing the interim budgets of Salt Lake City, Utah, including the Ms. Hamilton further ex- library fund budget totaling plained that $268,000 of one-time $6, 712, 227 for the fiscal year money was built into ongoing beginning July 1, 1990, and ending costs. She said because of the June 30, 1991, which motion car- $270,000 in unanticipated property ried, all members voted aye except tax revenue, the Council didn' t Councilmembers Hardman and Kirk need to use the one-time money so who voted nay. it could stay in the SID guaranty fund. She explained that the DISCUSSION: The Council administration took money from discussed the following motions: several one-time sources in order to fund the on-going costs; only #6. Decrease anticipated reve- one of the funds used was the SID nue from transfers from other guaranty fund and the total amount funds by $238,700. Linda used was $238, 700. She said there Hamilton, finance director, said would be other motions dealing this would reduce the amount of with portions of one-time money. one-time money that was built into ongoing costs in the Mayor' s Councilmember Godfrey said budget. She said rather than the Council could still transfer transfer the money from the SID the money from the SID fund to fund to the general fund, this another fund. Ms. Hamilton said motion would leave the money in that was correct. the SID guaranty fund so the Council could appropriate it to a Councilmember Hardman said if one-time expense or capital the Council approved this motion project. the county revenue could not be used to reduce the amount of the Councilmember Hardman asked property tax increase. Council- how the city would generate $238, - member Kirk said the Council had 700. Ms. Hamilton said it was to decide if dealing with the one- part of the $270, 000 new revenue time money was more important than from Salt Lake County. She said reducing the property tax in- if the Council didn't approve this crease. She said since this money motion the $238, 700 would be was not anticipated she didn't transferred from the SID guaranty think they would lose anything by fund into the general fund for decreasing the property tax. She ongoing costs. She said this strongly supported using the created the problem of starting $270,000 towards decreasing the next budget year with a deficit. property tax. Councilmember Godfrey asked Councilmember Godfrey voiced if the SID funds were part of the his concern that the $268,000 in $268,000 one-time money for sala- one-time money would be used for ries. Ms. Hamilton said yes. Mr. salaries, which meant that next Godfrey said if the Council ap- year the budget would already have proved the motion they would a deficit of $268,000. He said reduce the $268,000 of one-time the $270,000 would eliminate this money budgeted for salaries by situation. 90-222 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CI• UTAH TUESDAY, JUNE 12, 1990 Councilmember Whitehead a- The Mayor said the only way greed with Mrs. Kirk that the to avoid a deficit would be to cut $270,000 should be used to reduce the base, decrease salaries, or taxes. He said if this revenue raise new taxes if there was no had not become available it would- revenue increase. He said the n't have been used to replace one- Council would possibly face anoth- time money. He didn't want to use er tax increase next year. this money to off set what the Mayor already proposed. Councilmember Hale agreed that the Council should do all Councilmember Pace said the they could to show good faith and $270,000 would not actually decrease property taxes if possi- reduce taxes but would only reduce ble. However, he said if they the amount of the tax increase. didn't transfer this money then She said a number of funds had the city would have a deficit been seriously depleted over past situation. years and she suggested that these funds needed to be refurbished. #8. Increase salary and retirement budgets. The Mayor Councilmember Kirk asked if said all the figures listed re- the city would have a deficit next flected the compensation ordinanc- year if the union signed contracts es which the Council had adopted for a 2% cost of living increase. earlier in the meeting. He said The Mayor said the city would be by adopting this motion the Coun- in a better position if the Coun- cil would reflect the budget. He cil used the $270,000 to replace said if the union signed con- the one-time money. He urged the tracts then the Council would have Council not to start next year' s a budget opening to reallocate the budget with a deficit. He said money. He said all the options he the proposed budget would have discussed with the Council were caused a deficit but now the included in this motion and gave Council had a way to remedy the him flexibility. situation with the $270,000. #10. Decrease the Fire He also said the part of the Department budget. Councilmember county assessment which the city Kirk said if the Council approved received was not on the growth this motion it would cause the side of city revenues. He said it fire department to budget for was from the state assessed valua- early retirements within their own tion, which went down two years budget. Councilmember Godfrey said ago by $600,000. He said reduc- the problem with causing the ing the tax increase with the department to fund early retire- $270,000 could cause a problem if ments from their budget was that the number wasn't accurate. it would leave the department under staffed. Councilmember Kirk Councilmember Godfrey said said she worried about all the he thought if the Council knew early retirements coming from the they would have a deficit next general fund. Councilmember year then they should be responsi- Godfrey said only these two would ble and remedy the situation, be funded in the general fund. Councilmember Hardman said Councilmember Kirk said this would there would not automatically be a be one way to get an additional deficit; it would depend on the $70,000. labor negotiations. 90-223 PROCEJINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 #13. Increase the Fleet open this year and the $197, 500 Management internal service fund would partially fund the pool budget. Councilmember Kirk asked renovation. Councilmember Hardman if this coincided with the Mayor' s asked where the $197, 500 would recommendation. Councilmember God- come from. Councilmember Godfrey frey said this motion coincided said funding would come from the with Council action which made the savings realized by moving the neighborhood cleanup program an annual trash pickup out of the enterprise fund. general fund. #16. Increase the Parks Ms. Gust-Jenson said the Department cemetery budget. $197, 539 plus the $270,000 unan- Councilmember Whitehead said this ticipated revenue was available to was not in the proposed budget. be allocated by the Council. Councilmember Pace said the Councilmember Godfrey said appro- desecration in the city cemetery priating the $197, 539 to the was an abomination. She said very Liberty Park pool would still old tombstones had been kicked leave $270,000 available to reduce over and broken. She said people the tax increase. also partied in the cemetery. She said she thought people who payed Councilmember Hardman made a for the services of the cemetery substitute motion to transfer deserved a security guard. $109, 961 of one-time money from the General Fund Contingency to #19. Elimination of the fund the Liberty Park pool and Canterbury Apartment project. Ms. said he thought it was more appro- Gust-Jenson explained that the priate to use one-time money for word "elimination" was an account- one-time projects rather than ing term. This motion would elimi- using on-going money. Council- nate the transfer of those funds member Godfrey agreed but said from the Canterbury project to the until union contracts were re- general fund. She said this would solved he didn't think it was not affect the Canterbury project. wise to appropriate the money from the General Fund Contingency. #22. General fund transfers out to the governmental immunity Councilmember Kirk said the fund. Councilmember Whitehead money was available and if the said this would be an addition to Council used the contingency funds the Mayor' s budget in order to then they could still offer the help the Governmental Immunity $197, 539 plus the $270, 000 to Fund have a better balance. reduce the property tax increase. Councilmember Godfrey suggested Councilmember Godfrey suggested that the money saved by moving the that it would be better to wait annual trash pickup from the until the hearing on August 9 at general fund be used for the which point the Council would know Governmental Immunity Fund, the status of union contracts. approximately $227,000. Councilmember Whitehead agreed with Mr. Godfrey. #23. Increase capital projects to fund the Liberty Park Councilmember Hardman said pool. Councilmember Pace asked he was not willing to use $197,000 for clarification. Councilmember in on-going money to fund a one- Godfrey said the $5, 500 appropri- time project and wanted to use ated earlier would keep the pool this money to reduce the tax 90-224 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 increase. Councilmember Whitehead to decide whether or not to cor- said at this point the Council rect the problem of one-time money needed to find out more details and they had the funds available about renovating the Liberty Park to do so. Councilmember Whitehead pool. He said he didn' t want to said the Council had a responsi- fund a project without knowing how bility to the tax payers and he much funding it would need in the did not want to raise taxes any future. He said this was a new more than necessary. project which hadn't been dis- Councilmember Kirk agreed with cussed and he thought the Council Mr. Whitehead and said the one- should do everything they could to time money was a problem but she reduce the property tax increase. thought a bigger problem was not giving tax payers any relief. Councilmember Kirk said she thought the Council was doing what Councilmember Pace asked if they could to keep the pool open politically Council Members would this year. She said she was want to ask for another tax in- committed to keeping property crease next year. Councilmember taxes down. Kirk said she was not going to worry about next year because she Mayor DePaulis said he be- was too concerned about the poten- lieved the Council' s first respon- tial elimination of sales tax on sibility was to take out all of food. The Mayor reiterated that the one-time money attributed to he thought the Council was creat- on-going expenses in order to ing a false impression to the avoid creating a greater deficit public. next year. He recommended this strongly and said otherwise the Councilmember Horrocks ex- Council might give the impression pressed his concern about delib- of a tax reduction, which may not erately creating an automatic be accurate. deficit for next year. Councilmember Whitehead suggested In reference to Councilmember then that the Council should leave Godfrey' s motion, Councilmember the $197, 500 in the General Fund Whitehead said this would affect Contingency. the amount of money available to reduce the tax increase. #24. Adopting budgets. Councilmember Godfrey said there Councilmember Hardman asked what was $270,000 available for the the tax increase would be on a reduction in the property tax $70,000 home. Buzz Hunt, city increase. treasurer, said it would be about $12. 63. Councilmember Whitehead The Mayor said the money reiterated that the Council had raised by increasing taxes was added $30.00 in other fees. specifically for new police offic- ers. He said he too wanted to keep Councilmember Hardman said the tax increase to a minimum. He this motion assumed that the said now that the Council had Council was approving a $4. 59 per $270, 000 available it would more year increase to property taxes prudent to use it against one- for the library. time money. The Mayor, one last time, Councilmember Godfrey said it expressed his concern about creat- was the Council ' s responsibility ing a deficit in next year's 90-225 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 budget. Councilmember Hardman said fees on the water utility bill, as long as the Council always and said these were onerous and adopted the budget before the end regressive taxes for the people in of contract negotiations, there his district. would be this situation. The Mayor said had he known about the Councilmember Kirk said that $270,000, he would not have pre- based on the Mayor's policy issues sented one-time money in the they could take care of some of budget. the problems next year. She said she didn't think she was being Councilmember Whitehead fiscally irresponsible to use the reiterated that he didn't want to money to reduce the tax increase. raise taxes any more than abso- She suggested that the administra- lutely necessary. Council-member tion needed to lobby the Legisla- Pace said the amount which the ture in order to solve some of the tax payers would save was actually city' s problems. very small. Council-member Kirk said the Council approved the #25. Increase the general police officers as requested by fund contingency by $197, 500. the Mayor and still had money to Councilmember Godfrey said he was reduce the tax increase. concerned about using $268,000 in one-time money for salaries. He Councilmember Godfrey asked said this motion was a compromise. other Council Members to express He said the money was in contin- their thoughts about the motion. gency and the Council controlled Councilmember Horrocks said he its allocation. Councilmember thought the Council was building Whitehead said it wasn' t exactly in a deficit. Councilmember Pace what he wanted but the compromise concurred with Mr. Horrocks. was better than what could have been. Councilmember Hardman said he was concerned that the Council was #26. Adopting the budgets raising too many user fees, and he for Fiscal Year 1990/91. said no one had discussed the Councilmember Hardman said he potential of a storm drainage fee would vote against the motion next year. Councilmember Hale because he opposed the number of said he thought there would be a tax and fee increases. He said subsequent motion that would give the Council created a tax liabili- a discretionary amount which ty this year which would start didn't have to be allocated until next year on the water bill for August. the storm drainage issue. He reminded the Council that user Councilmember Whitehead said fees were not tax deductible. He by voting against the motion the said he was frustrated that the Council would raise the property Council didn' t get the budget tax higher plus increase garbage sooner. He recommended that the pickup and the annual trash pickup Council reexamine their role in fees. Councilmember Hardman said the budget making process so they this motion would reduce the tax could have more meaningful con- by $4.00 but the total tax in- trol. He said he disliked voting crease based upon property taxes against the budget because he and fee increases was about $90.00 supported the increase for police per home. He said he was con- and the library. cerned about including additional 90-226 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Councilmember Pace said the ward spiral by increasing taxes. tax payers wanted and needed the He said he was committed to work- services but didn't want to pay ing with the Mayor and Council to for them. In regards to the storm resolve this problem. drainage issue, she said the EPA would impose regulations that were The Mayor reiterated that he beyond the city' s control but had proposed a balanced budget would have to be paid for. with a tax increase only to hire police officers. Councilmember Hardman said people paid their property taxes Councilmember Horrocks said and they expected a certain level it seemed like the State Legisla- of service for those taxes. He ture thought Salt Lake City could said the fees on the water bill replace any revenue they took for the average home owner were away. He said Salt Lake generat- now greater than the tax rates. ed about 20% of the sales tax yet the Legislature created a formula Councilmember Whitehead said to take a goodly portion of those he thought this was the best taxes. He said this year they compromise at this time. decided to use an estimated 1988 (B 90-3) population for tax computations and it cost Salt Lake City $600,- #17. RE: An ordinance adopt- 000. He said this was forcing ing the rate of tax levy and Salt Lake City to raise taxes. levying taxes upon all real and personal property within Salt Lake Councilmember Whitehead said City, Utah, made taxable by law tonight' s Council actions would for the fiscal year commencing increase the property tax and user July 1, 1990, and ending June 30, fees to approximately $48 . 84. He 1991. said he didn' t understand when people voiced their concern for ACTION: Councilmember Godfrey tax payers but voted against the moved and Councilmember Horrocks motions that would have helped the seconded to adopt Ordinance 54 of tax payers more. 1990 establishing the tax rate for (0 90-27) the General Fund at .004696 and the Library Fund at .000971, #18. RE: A motion adopting pending the completion of a public legislative intent statements hearing schedule for August 9, relating to the Fiscal Year 1990- 1990, for the fiscal year begin- 91 budgets. ning July 1, 1990, and ending June 30, 1991, which motion carried, ACTION: #1 . Councilmember all members voted aye except Godfrey moved and Councilmember Councilmembers Hardman and Kirk Horrocks seconded to approve the who voted nay. intent of the Council that the Administration consider charging DISCUSSION: Councilmember higher fees for nonresidents for Hardman said after tonight Salt city recreation programs, includ- Lake City could possibly have the ing golf and the Steiner Aquatic highest property tax rate within Center. the state. He said when people and businesses were fleeing to the Councilmember Kirk moved and suburbs, he thought it was a great Councilmember Pace seconded a disservice to continue the down- substitute motion to include 90-227 PROCEL INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 citizens living in Salt Lake approve the intent of the Council County as residents of Salt Lake to support the Administration's City, which motion failed Council- development of a new fee structure members Kirk and Pace voted aye to recover costs incurred in and Councilmembers Hale, Godfrey, meeting the new EPA drainage Horrocks, Whitehead, and Hardman permit program requirements; the voted nay. Council requests that at least two options, both to include an abate- The Council then voted on the ment program for low income indi- original motion, which motion viduals, be provided for Council carried, all members voted aye review and discussion prior to the except Councilmember Horrocks who 1991-92 budget review process, voted nay. which motion carried, all members voted aye. #2. Councilmember Pace moved and Councilmember Hardman seconded #6. Councilmember Godfrey to approve the intent of the moved and Councilmember Kirk Council that the Administration seconded to approve the intent of provide a written update to the the Council that the Administra- Council on a quarterly basis tion review the possibility of regarding the status of the Moun- establishing a volunteer or police tain Dell Golf Course construction cadet program such as the county' s and maintenance timetable, prepa- deputy reserve program to augment ratory to the opening of the the City' s full-time police ef- second eighteen holes, which forts in non-confrontational motion carried, all members voted situations, which motion carried, aye. all members voted aye except Councilmembers Horrocks and Pace #3. Councilmember Horrocks who voted nay. moved and Councilmember Kirk seconded to approve the intent of #7. Councilmember Kirk moved the Council that the Administra- and Councilmember Hale seconded to tion continue to implement the approve the intent of the Council hazardous materials inspection to request the Administration to program in the Fire Department, monitor the new charges for para- and provide a biannual update to medic ambulance services to deter- the Council on the status of the mine if an abatement program is program including revenue generat- needed for low income and un- ed and the revenue anticipated in insurable individuals, which the coming months, which motion motion carried, all members voted carried, all members voted aye. aye. #4. Councilmember Kirk moved #8. Councilmember Hardman and Councilmember Hale seconded to moved and Councilmember Kirk approve the intent of the Council seconded to approve the intent of that the Administration provide a the Council to support the Admini- written and oral six-month update stration's plans to review the on the Steiner Aquatic Center City's participation in the Metro revenues and expenditures by Narcotics Force; the Administra- January 15, 1991, which motion tion is requested to provide to carried, all members voted aye. the Council information on the funding and participation of other #5. Councilmember Pace moved municipalities, prior to the and Councilmember Kirk seconded to expenditure of any City funds 90-228 PROCEE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH TUESDAY, JUNE 12, 1990 beyond the level budgeted this seconded to approve the intent of fiscal year in Fiscal Year 1990- the Council to request the City 91, which motion carried, all Attorney's Office to review the members voted aye. issue of double taxation with regard to paramedic services, #9 . Councilmember Horrocks animal control, and recreation moved and Councilmember Pace services which are provided by the seconded to approve the intent of City within Salt Lake City limits the Council for the Council and and by the County outside of Salt Mayor to jointly establish a task Lake City limits, which motion force to review the salary levels carried, all members voted aye. of city elected officials, with any changes recommended to go into #14. Councilmember Kirk effect in Fiscal Year 1992-93, moved and Councilmember Hale which motion carried, all members seconded to approve the intent of voted aye except Councilmembers the Council that the Administra- Hardman and Kirk who voted nay. tion continue to pursue study and implementation of an enhanced golf #10. Councilmember Hardman reservation system, which motion moved and Councilmember Hale carried, all members voted aye. seconded to approve the intent of the Council that the Administra- #15. Councilmember Hale tion review the hours of the Fleet moved and Councilmember Horrocks Management Division impound lot seconded to approve the intent of and make an effort to accommodate the Council to continue to encour- citizens, either before 8 a.m. or age the Utah Department of Trans- after 5 p.m. , while still main- portation to beautify the easement taining the 8 hour day proposed in near the Airport Golf Course, the Mayor' s budget, which motion which motion carried, all members carried, all members voted aye. voted aye. #11. Councilmember Hardman #16. Councilmember Hardman moved and Councilmember Horrocks moved and Councilmember Kirk seconded to approve the intent of seconded to approve the intent of the Council to encourage the the Council that the Administra- Administration to physically house tion include the Public Library's the independent internal audit operating and capital budget as office outside of the Finance proposed by the Library Board of Department area, which motion Directors, to the extent possible carried, all members voted aye. and appropriate, in the City's regular budget review process, #12. Councilmember Pace which motion carried, all members moved and Councilmember Godfrey voted aye. seconded to approve the intent of the Council to support the #17. Councilmember Hale moved Library's efforts to explore and Councilmember Whitehead sec- alternative sources of funding onded to approve the intent of the including grants, state and feder- Council that the Administration al legislation, interlocal agree- review the issue of leased office ments and donations, which motion space as opposed to owned office carried, all members voted aye. space, and brief the City Council, which motion carried, all members #13. Councilmember Horrocks voted aye. moved and Councilmember Kirk 90-229 411 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 #18. Councilmember Horrocks development in the Northwest moved and Councilmember Hardman Quadrant around the airport, and seconded to approve the intent of that the Administration bring to the Council to request from the the Council a plan for funding the Utah Economic Development Corpora- City' s share of such a study. tion a quarterly report of activi- ty in Salt Lake City, including To support the Administra- the number of jobs generated, tion's plans to review the issue which motion carried, all members of the commuter tax and look at voted aye. alternatives for generating reve- nue to help fund services provided #19. Councilmember Godfrey for Salt Lake City' s large daytime moved and Councilmember Kirk population. seconded to approve the intent of the Council to notify Salt Lake That the City continue to County that the City Council does support the concept of public and not plan to continue to fund the private partnerships for the fine arts facilities beyond Fiscal funding of additional amenities, Year 1990-91, which motion and continue to utilize citizen carried, all members voted aye. volunteers in creative ways as is feasible and appropriate. #20. Councilmember Horrocks moved and Councilmember Kirk To encourage the Administra- seconded to approve the intent of tion to continue to enhance ef- the Council to encourage the fine forts to educate all city employ- arts facilities to explore all ees about the importance of deal- possible funding options so that ing in a positive manner with the the joint funding agreement can be public. phased out, as planned, in the immediate future, which motion To request from the City carried, all members voted aye. Attorney information on the legal- ity of providing incentives for #21. Councilmember Pace city employees who reside within moved and Councilmember Horrocks the City limits. seconded to approve the intent of the Council to encourage the Which motion carried, all Administration to establish a members voted aye. group discount rate at the Steiner Aquatic Center, which motion #23. Councilmember Horrocks carried, all members voted aye moved and Councilmember Kirk except Councilmember Whitehead who seconded to approve the intent of voted nay. the Council that the Administra- tion and Council continue to #22. Councilmember Hardman establish a formal plan by which moved and Councilmember Godfrey to enhance the City's lobbying seconded to approve the following effort, which motion carried, all intents of the Council: members voted aye. That the Administration #24. Councilmember Pace identify alternatives for conduct- moved and Councilmember Horrocks ing a comprehensive economic seconded to approve the intent of feasibility study of the airport the Council to support the Mayor's and surrounding property to set Recycling Committee's efforts to the stage for expanded economic study successful, cost effective 90-230 • • PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 recycling programs in cooperation employees, with the ultimate goal with the County and other public of negotiating a pay for perfor- agencies in the area and in the mance system during collective private sector to encourage resi- bargaining. dents and businesses throughout the City to support and partici- Which motion carried, all pate in a comprehensive recycling members voted aye. program, which motion carried, all members voted aye. #26. Councilmember Godfrey moved and Councilmember Kirk #25. Councilmember Horrocks seconded to approve the following moved and Councilmember Godfrey intents of the Council: seconded to approve the following intents of the Council: Council staff review the early retirement program and That the Administration provide an update to the Council. provide to the Council a report regarding its progress on imple- Council staff review the menting the fleet management- audit of the car per officer related cost savings recommenda- program done in 1989, and provide tions in the Human Resources and an update to the Council. Administrative Services Department audit by Ernst & Young. Council staff review the information available on possible That the Administration charges for services to the air- review the Animal Control license port and provide a summary to the renewal program and consider Council. implementing a fee for late li- cense renewal (could generate Council staff review the $17,000 to $19, 000 per year) . crossing guard program and provide an update to the Council. That the Council and the Administration jointly pursue the Which motion carried, all recommendation of the 1988 Hughes members voted aye. Heiss audit that the City identify and develop a plan of action to #27. Councilmember Godfrey establish a mechanism to coordi- moved and Councilmember Kirk nate recreation and sports program seconded to approve the following activities on a city-wide basis to intents of the Council: restore the City' s focus on commu- nity events and eliminate the To support the concept of current duplication of efforts in establishing a fee which could be the sports area. levied to discourage any abuse of the 911 system. To express support for the proposed pay for performance To encourage the Administra- implementation plan; it is the tion to continue to pursue the Council 's understanding that preparation of ordinances which during Fiscal Year 1990-91, the would allow the City to charge a Administration would focus on fee for excessive police and fire program design and development, false alarms. preparation of procedures and cost identification; initial implemen- Which motion carried, all tation would be with 300 series members voted aye. 90-231 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 DISCUSSION: The Council have to assess this next year. discussed the following intents: #21. Councilmember Hardman #1. Councilmember Kirk asked if this group discount suggested including Salt Lake included a family rate. Cindy County citizens as residents of Gust-Jenson said it did. Salt Lake City. Councilmember (B 90-3) Godfrey said he was concerned with this because city residents PUBLIC HEARINGS couldn't use county facilities at the same rate as county residents. #1. RE: A public hearing at Councilmember Whitehead asked why 6:00 p.m. to receive comments and they should include Salt Lake consider adopting a motion autho- County residents when Davis County rizing the execution of a revised was closer to Salt Lake City than interlocal cooperation agreement Sandy. He suggested that in this between Salt Lake City, other case they should include the entities, and the City of Hurri- entire Wasatch Front. cane relating to the issuance of Councilmember Kirk said she revenue bonds by Hurricane City on suggested this substitution be- behalf of Mission Health Services, cause it worked in Phoenix and she a Utah Non-Profit Corporation. thought it could be effective for the golf courses. Councilmember ACTION: Councilmember Godfrey Hardman said the parks department moved and Councilmember Hardman had argued against this. He said seconded to close the public in starting a new facility no one hearing, which motion carried, all knew what the actual costs or members voted aye. revenues would be. He said he would be willing to consider this Councilmember Godfrey moved once he knew more about the finan- and Councilmember Pace seconded to cial situation of the Steiner adopt a motion authorizing the Aquatic Center. execution of a revised interlocal cooperation agreement, which Councilmember Godfrey said motion carried, all members voted this motion didn't specify a time aye except Councilmembers Hale and frame; just that the Council Hardman who voted nay. wanted a response by next year. DISCUSSION: Vernon Romney, #16. Councilmember Hardman attorney representing Terrace explained that the Mayor presented Villa in Salt Lake City and Timpa- his budget but the Council didn't nogas Care in Orem, opposed grant- get the library budget at the same ing this agreement. He said it time. Because of this the Coun- was not fair to allow these people cil was not aware of the proposed under the guise of nonprofit library increase until the night corporations to compete against of the public hearing on May 15. those involved in profit corpora- He said he wanted the library tions. He also said there would budget at the same time the Mayor be a loss of tax revenue for the presented his budget. districts which entered into the program. #19. Councilmember Pace said she supported this intent because He said the IRS had begun to it included the words "does not study such proposals and was plan" . She said the Council may considering the possibility that 90-232 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CIT , UTAH TUESDAY, JUNE 12, 1990 they were of dubious nonprofit from anyone who wanted to become character and might be disallowed. non profit. He said Arkansas and Iowa had (C 90-102) turned down similar proposals. He requested that the Council table the action pending further study. The meeting adjourned at 9 :40 He said Salt Lake County had p.m. turned down this arrangement, Utah County was in the process of 014A"- .14-XIL4444^ turning it down, and Weber County refused to be the issuing agency. COUNCI CHAIR Councilmember Pace asked the status of the two health care I47 1 �--� facilities which Mr. Romney repre- C0T. : 'aiR R sented. Mr. Romney said they were for-profit organizations and they weren't involved in anything like this. David Smith, bond counsel, said Mr. Romney misunderstood the nature of this transaction. He said no tax advantage would be granted to the individual facili- ties, and they would not receive a tax exempt status now or in the future. He said tax revenues would continue to flow to all of the respective municipalities where the facilities were located. He said the nonprofit umbrella allowed proceeds to be funneled back into the facilities to im- prove the quality of health care. He said they applied for approval with the IRS in February and on May 23, 1990, the IRS approved this issue. He said they had been careful to meet all requirements. He also said the transactions in Iowa and Arkansas were materially different and not related to this transaction. Richard Young, consultant to the underwriter, said Iowa issued $86,000,000 in bonds similar to this transaction. In terms of unfair competition, he said the nonprofit status wasn't withheld 90-233 SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER ROOM 315 CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, June 12, 1990 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State 1 . Report of the Executive Director. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. Approval of the minutes. C. COMMENTS: 1. Questions to the Mayor from the City Council . 2. Citizen Comments to the Council. IY• CONSENT: 1. Housing Policy Set date to hold a hearing on August 7, 1990 at 6:20 p.m. to receive public comment and consider adopting a resolution endorsing the Salt Lake City Housing Policy. _ co( , 1CA2ffln e� (T 90-18) Staff recommendation: Set date and refer to jut, c, Committee of the Whole. 2. City Landmark Site Set date to hold a hearing on July 10, 1990 at 6:40 p.m. to 'e receive public comment and consider adopting an ordinance adding the Anthony H. Godbe House at 943 East South Temple as a City landmark site. (L 90-1) Staff recommendation: Set date. 3. Resolution: Interlocal Agreement / Wildland Fire Suppression Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and USDA-Forest Service, Wasatch-Cache National Forest , for preventing and suppressing wildland fires on ad intermingled or adjacent National Forest and City owned land. (C 90-298) Staff recommendation: Adopt. E. NEW BUSINESS: 1. Ordinance: Fuel and Oil Royalties Consider adopting an ordinance amending Section 16. 12. 190 of the Salt Lake City Code relating to fuel and oil royalties. (0 90-28) Staff recommendation: Refer to consent . 2. Board Appointment : Airport Authority Consider approving the reappointment of Eddie Mayne to the Airport Authority. (I 90-11 ) / Staff recommendation: Refer to consent. Y // 3. Board Appointment: Central Business Improvement District /// (-\)\ Consider approving the reappointment of Fred S. Ball to the Central Business Improvement District. (I 90-12) Staff recommendation: Refer to consent. 4. Board Appointment : Mosquito Abatement District Consider approving the reappointment of Lynn Thatcher to the Mosquito Abatement District. (I 90-8) Staff recommendation: Suspend and adopt . UNFINISHED BUSINESS Resolution: Special Improvement District #50-1396 Consider adopting a resolution declaring that the proposed Special Improvement District #50-1396 for DeLong and March streets not be established. (Q 90-4) DOStaff recommendation: Adopt. 2. Ordinance: Alley Vacation Fee Waiver Consider adopting an ordinance enacting Section 21 . 10.090 providing for waiver of hearing fees for alley vacations in residential zoning districts. (P 90-86) 0L0 6 O d0, , -( ) Staff recommendation: Adopt. �3 Resolution: FY 1990-91 Tax and Revenue Anticipation Notes % Consider adopting a resolution authorizing the issuance and confirming the sale of the $17,500,000 Tax and Revenue Anticipation Notes, Series 1990, providing for covenants to establish and maintain the excludability of interest on the Notes from gross income of the holders thereof for federal income tax purposes; and providing for related matters. (Q 90-5) ,i bL as- " men676-h - JcI n►ve_ I (1/1'(D Staff recommendation: Adopt. ' 'a3 CO- Resolution: Special Improvement District #38-724 Consider adopting a resolution authorizing the issuance and providing for the sale of Salt Lake City $224,000 Special Assessment Bonds, Series 1990, California Avenue Curb and Gutter Extension Special Improvement District #38-724, ("The Bonds") ; providing for pricing and terms of the bonds, prescribing the form of bonds, the maturity and denomination of said bonds; providing for the continuance of a guaranty fund ; authorizing and approving the form of a bond purchase agreement and the Official Statement, \c\ and related matters. (Q 86-14) Staff recommendation: Adopt.� ', 5', Resolution: Special Improvement District #38-808 Consider adopting a resolution authorizing the issuance and providing for the sale of Salt Lake City, $659,000 Special Assessment Bonds, Series 1990, California Avenue Special Improvement District #38-808, ("The Bonds") , providing for pricing and terms of the bonds, prescribing the form of bonds, the maturity and denomination of said bonds; providing for the continuance of a guaranty fund; authorizing an approving the form of a bond purchase agreement and the Official Statement, and related matters. (Q 89-2) Staff recommendation: :dop• . �. Resolution: Special Improvement District #38-830 Consider adopting a resolution authorizing the issuance and providing for the sale of Salt Lake City $913,000 Special Assessment Bonds, Series 1990, Special Improvement District #38- 830, ("The Bonds") , providing for pricing and terms of the bonds, prescribing the form of bonds, the maturity and denomination of said bonds ; providing for the continuance of a guaranty fund; authorizing and approving the form of a bond purchase agreement and the Official Statement, and related matters. (Q 88-3) Staff recommendation: do b)(\' 7. Ordinance: Business Revenue License Fees Consider adopting an ordinance amending Section 5.04.070.A of the \�,vrsj Salt Lake City Code relating to business revenue license fees. � n " (0 90-22) 1 Staff recommendation: Adopt, V 8. Ordinance: Animal Impound Fee Consider adopting an ordinance enacting Section 8.04.352, Salt Lake City Code, relating to the imposition of an impound fee for voluntary relinquishment of dogs and cats by the owner thereof to the animal control facility. (0 90-29) IDj Staff recommendation: Ado ��� 9. Ordinance: Payment in Lieu of Taxes Consider adopting an ordinance enacting Sections 3.40.010, 3.40.020 and 3.40.030 of the Salt Lake City Code relating to payment in lieu of taxes for City property assets used by the water, sewer and refuse enterprise funds. (0 90-25) 66) !h (50-5 -- ( ( ' Staff recommendation: Adopt.—4����� 10. Ordinance: Refuse Collection Consider adopting an ordinance amending subparagraph B and adding a new subparagraph G to Section 9.08.030 relating to Refuse pickup charges; changing the State Code reference in Section 9.08.030E to reflect the current State law for indigent Abatement of Taxes ; and revising Section 9.08.070 relating to Refuse container specifications, Salt Lake City Code. (0 90-24) Staff recommendation: Adopt. flAmT-ri i1 II // e( A Qri3. 11. Ordinance: Storm Drainage Consider adopting an ordinance amending Sections 2.08. 100 and 2.08. 110 of the Salt Lake City Code, relating to the shift of responsibility for storm drainage from the Department of Public Works to the Department of Public Utilities. (0 90-23) 1 rctrAs4 t-es-- . Staff recommendation: Adopt. C). . Compensation Plan - 100 Series Employees Consider adopting an ordinance amending Section 2.52. 117 of the (// Salt Lake City Code adopting the compensation plan for 100 Series employees effective commencing July 1, 1990 and ending June 30, 1991. (� .Acs,.' ,\ (0 90-30) ,-�X J i (�l.,l.�.. ' �,V�(1"l �(, T �J\ Staff recommendation: Adopt. c1n 0- ' ' Q„) - ,),-),_ Ri-) ,2K-, ni ( vl Z3 )/ 13 Compensation Plan - 200 Series Employees Consider adopting an ordinance amending Section 2.52. 118 of the Salt Lake City Code adopting the compensation plan for 200 Series employees effective commencing July 1, 1990 and ending June 30, 1991. Staff recommendation: Adopt. \ 14. Compensation Plan - 400 Series Employees __.-% Consider adopting and ordinance amending Section 2.52. 115 of the Salt Lake City Code adopting the compensation plan for 400 Series employees effective commencing July 1, 1990 and ending June 30, 1991. (0 90-32) C Q_ 1 ' ` 61- Staff recommendation: Adopt. 15. Compensation Plan - 300 Series Consider adopting an ordinance amending Section 2.52.010 of the Salt Lake City Code as last amended by Bill No. 41 of 1989 relating to compensation of Salt Lake City Corporation officers and employees. (0 90-33) Staff recommendation: Adopt. 16. Ordinance: Fiscal Year 1990-91 Budgets Consider adopting an ordinance adopting the budgets, including the Library Fund budget, and the employment staffing document of Salt Lake City, Utah for the fiscal year beginning July 1, 1990 and ending June 30, 1991 subject to the hearing required by Title 59; Chapter 2 of the Utah Code Annotated. II (0 90-3) � Staff recommendation: Adopt. Y\bfi-1' e � K) t1V / 17. Ordinane'eiax Levy 11 ( rr r �' ." � Consider adopting an ordinance adopting the rate of tax levy and //II levying taxes upon all real and personal property within Salt Lake "i�i�-r City, Utah made taxable by law for the fiscal year commencing July 1, 1990 and ending June 30, 1991. (0 90-27) Staff recommendation: Adopt. 18. Legislative Intent Statements Consider adopting a motion adopting legislative intent statements relating to the Fiscal Year 1990-91 budgets. (B 90-3) �10 ==s�y1 �}�� lr Staff recommendation: Adopt. 1\ 2 U V G. 2 PUBLIC HEARINGS: FYI(-) ' (1)' ) 6:00 p.m. 1. TEFRA Hearing / Health Care Facility Bonds Receive public comment and consider adopting a motion authorizing the execution of a revised Interlocal Cooperation Agreement r between Salt Lake City, other entities, and the City of Hurricane I > relating to the issuance of revenue bonds by Hurricane City on behalf of Mission Health Services, a Utah Non-Profit Corporation. (C 90-102) WI) \1 Staff r commendation: I Close hea and adopt (.- , \,(\S\)-- 4) \31/ * on c l.._\.S:\, , ' ' -'/---\) \S-' 5-- ?(1556(j ' sr) ' \ '( i,-- r_0(\ H. ADJOURNMENT. 1 \ i, crpo- ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADO CONCERNING ANY ITEM ON THIS AGENDA. DATED: / June 8, 1990 BY: I CORDER STATE OF UTAH COUNTY OF SALT LAKE ) ss. On the 8th day of June, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m, in the Newsroom, Room 343. Y RECORDER Subscribed and sworn to before me this 8th day of June, 1990. otary Puali 14iiir in the State of Utah My Commission Exaires: Notar{{Pubfic BARBARA HAI]HT ,, n: '.'•r_-., ,r . 451 SO.St2`a St.frtt 415 i .A1.. Salt L.Eke City,Utah 84102 .' 'v My Commission ExPIres ,� 333 'i�` a;' cm of�Utati II Ag•ER f EXECU VE DIRECT PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, June 5, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. The meeting was called to Ms. Gust-Jenson said that order at 5: 10 p.m. Councilmember Councilmember Kirk had requested Hardman asked Ms. Gust-Jenson to the resolution to honor Grant Fry brief the Council. for his community efforts. Councilmember Hardman asked if EXECUTIVE DIRECTOR BRIEFING Councilmember Kirk would read the resolution to acknowledge Mr. Fry. Ms. Gust-Jenson said the Utah Councilmember Kirk said she would. Hotel/Motel Association and Bill Peifer, from the Residence Inn/ Councilmember Hardman asked Marriot, had provided letters Councilmember Godfrey to read the expressing concern if the Council resolution on the Salt Palace adopted the resolution concerning expansion. Councilmember Godfrey the implementation of a new ho- said he would. tel/motel tax to fund the Salt Palace improvements. She said Councilmember Hardman said this was item E-5 on tonight ' s Councilmember Whitehead would be agenda. conducting the meeting. Councilmember Pace said KSL Councilmember Pace said a radio interviewed her on this hotel operator had "threatened" issue and she had said that the legal action if the Council ap- Council would be approving/ dis- proved the Salt Palace expansion approving the resolution only. resolution. No decision had been made concern- ing implementation of fees. Councilmember Hardman asked if the Council would be receiving Ms. Gust-Jenson said one word any public comments. Ms. Gust- in the Salt Palace renovation Jenson said Charles Krauser would resolution had been changed. speak to the Council about funding Councilmember Kirk said she would the International Peace Gardens prefer to have the resolution greenhouse and Gordon Ottley of state "tourist related industry" AFSCME would also be speaking to instead of "hotel. " Ms. Gust- the Council. Jenson said if Councilmember Kirk wanted to change the word "hotel" , Ms. Gust-Jenson said Buzz she would need to request an Hunt and Cheryl Cook would brief amendment to the resolution, since the Council on the Tax and Revenue the majority of the Council had Anticipation Notes during the not made the request. briefing session. 90-199 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 Ms. Gust-Jenson said the indicate their answers on the Council Staff was recommending a sheet and return them to the continuance on Item G-1 regarding Council staff. He said these the street closure at 400-500 West sheets should be turned in by and South Temple to accommodate Wednesday. the petitioner, Union Pacific Railroad. Councilmember Hardman said a Committee of the Whole meeting Ms. Gust-Jenson said the would be conducted following the Council had received prior brief- Council meeting. ings on Item G-2, airport zoning and height regulations, and would TAX ANTICIPATION REVENUE BONDS not receive another tonight. Councilmember Hardman asked Ms. Gust-Jenson said Item G-4 Buzz Hunt and Cheryl Cook to brief should state ordinance #36, not the Council on the Tax Anticipa- #35, and Councilmember Whitehead tion Revenue Bonds. should mention this at the time the item was addressed. Mr. Hunt said this was a safe investment that would enable the Councilmember Hardman asked City to purchase bonds at a 5. 8% who had petitioned the rezoning interest rate, with a return of for American Stores. Janice 8.485% on their investment. Jardine of the Planning Department said the petitioner was Osco. Councilmember Pace asked if there was a size or time limit on Ms. Gust-Jenson said that the bonds. Mr. Hunt indicated Hans Peterson from KALL radio that these bonds fell under the wanted to interview one of the safe harbor provision. The City Councilmembers about the parade could only invest for 12 months in ordinance on June 8, at 2:00 or the bonds and if the City exceeded June 11, at 2:00 or 3:45. the 90% debt reserve limit, the Councilmember Godfrey agreed to be Internal Revenue Service would tax interviewed on June 11, at 3:45 the interest earned. p.m. Councilmember Pace asked when Ms. Gust-Jenson said Council- the City would close on the bonds member Whitehead was working with if the Council approved them. Mr. constituents in District One who Hunt said the City would close on had recommended that Salt Lake the first day of the fiscal year City express the desire to build for 1991, which would be July 2, the oval speedskating rink at the 1990. State Fair Grounds if Ogden City did not choose to pursue this Mr. Hunt said the tax antici- development. Ms. Gust-Jenson said pation notes needed to be autho- Councilmember Whitehead would keep rized expediently and the City the Council informed on this would accept sealed bids. issue. Councilmember Hardman asked how many companies would participate Councilmember Hardman remind- in the bid process. Ms. Cook said ed the Council that they had not 125 firms would receive the bid discussed the Council Staff ' s proposals. recommended legislative intents, and that the Council had agreed to 90-200 PROCEEDINGS Or THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 Mr. Hunt said there were two 500 West South Temple, or wait resolutions that the Council would until the public hearing on July need to approve to initiate the 17th. The Council agreed they tax anticipation bonds. He said would wait until July 17, 1990. the resolution the Council was being asked to approve tonight The meeting was adjourned at would enable the City to distrib- 5:40 p.m. ute the notice of sale and the second resolution, which would be presented on June 12, 1990, would allow the City to accept sealed bids. Councilmember Hardman asked if the Council had any further questions. Councilmember Hale asked if tax anticipation bonds were similar to a revenue note, by allowing the City to purchase bonds at a tax exempt rate and invest these funds at a higher interest rate. Mr. Hunt said that was correct. Councilmember Horrocks asked if the City was involved in arbi- trage rebates. Mr. Hunt said the City could participate in these rebates but had not done so be- cause they would be required to pay back any interest earned on an arbitrage rebate. Councilmember Hardman thanked Mr. Hunt and Ms. Cook for the briefing. Councilmember Hardman indi- cated that Ms. Gust-Jenson had two additional items to brief the Council on. Ms. Gust-Jenson said Scott Gallow would be present to address the Council during the citizen comments concerning the issue of his son being bitten by a neigh- bor's dog. She said Mr. Gallow would ask the Council to consider a revision to the city ordinance which addressed such situations. Ms. Gust-Jenson asked if the Council wanted Doug Dansie to brief them on the closure at 400- 90-201 PROCEEDINGS Ur' THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 5, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Lynda Domino, Chief Deputy City Recorder, and S.R. Kivett, Deputy Recorder, were present. Council Chair Hardman presided at the meeting and Councilmember Whitehead conducted the meeting. OPENING CEREMONIES motion carried, all members voted aye. #1. Police Chaplain Jake (R 90-1 ) Ortega gave the invocation. #5. The Council considered a #2. The Council led the resolution concerning its position Pledge of Allegiance. on funding the Salt Palace expan- sion. Councilmember Godfrey read #3. Councilmember Godfrey the resolution which stated that moved and Councilmember Hardman the Council strongly supported the seconded to approve the minutes of expansion of the Salt Palace the Salt Lake City Council for the facilities and would seek to fund regular meetings held Tuesday, May the expansion with revenues de- 15, 1990, Tuesday, May 22, 1990, rived from increasing user fees on Thursday, May 24, 1990, and Tues- businesses which directly benefit- day, May 29, 1990, which motion ed from Salt Palace activities. carried, all members voted aye except Councilmembers Pace and Councilmember Godfrey moved Hale who were absent for the vote. and Councilmember Hardman seconded (M 90-1 ) to adopt Resolution 67 of 1990, which motion carried, all members #4. The Council considered a voted aye. resolution honoring the community (R 90-1 ) efforts of Mr. Grant Fry. Mr. Fry was a key player in negotiating COMMENTS solutions to the traffic problems associated with the expansion of #1. Scott Gallow said his the Foothill Village Shopping one-year old son was severely Center. Councilmember Kirk read bitten by his neighbor' s dog and the resolution and, along with his son would possibly be disfig- Mayor DePaulis, presented it to ured for life. He said he was Mr. Fry. trying to seek justice and resti- tution but part of the problem was Councilmember Kirk moved and that the municipal ordinance Councilmember Godfrey seconded to regarding dogs was formulated in adopt Resolution 66 of 1990, which such as way as to prevent his 90-202 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 neighbor from being brought up on said 99% of the time they sup- criminal charges. He said if the ported the Council ' s projects. dog was "restrained" the neighbor But he said employees thought they was not liable for a criminal had fallen on the Council ' s prior- citation. ity ladder. He said he didn' t think the Mayor's Office had been He said the ordinance did not as serious as they could during anticipate a situation which arose negotiations. He asked the Coun- with his son. The neighbor' s tree cil not to circumvent the bargain- had blown down which destroyed a ing process by passing a budget section of fence. He said his son that didn't meet employees' needs. crawled through this section before he could get to him. He He said they had proposals at said if people insisted on keeping the bargaining table that could large hunting dogs in city neigh- save money without cutting servic- borhoods with small yards, then es. He asked the Council to the municipal ordinance should closely consider the package they take into account potential situa- had put together. tions involving both criminal and civil liability. #4. Hazel Harrison, chairman of the International Peace Gar- He said the ordinance should dens, said many people gave their be stricter than just requiring a time and talent to keep the peace large, potentially vicious dog to gardens operating and the peace be "restrained" . He urged the gardens were very popular. She Council to consider strengthening expressed concern that if the city ordinances in such a way to greenhouse was demolished they cause dog owners to assure safety wouldn' t have enough flowers for for those who innocently enter the peace garden. She suggested their property. it would be very costly to trans- port the plants from Liberty Park. Councilmember Godfrey said he talked to the City Attorney who CONSENT AGENDA would contact Mr. Gallow. Councilmember Godfrey moved #2. Charlie Krauser, chair- and Councilmember Hardman second- man of the Swiss Peace Garden, ed to approve the consent agenda, said the Peace Garden played an which motion carried, all members important part in Salt Lake City. voted aye. He urged the Council to continue funding the greenhouse at the #1. RE: Approving the ap- peace garden so the necessary pointment of Celia (CeCie) Schar- flowers would be available. He man to the Recreation Advisory said he thought there were other Board. areas where the city could save ( I 90-7) money rather than cutting funds to the peace garden. #2. RE: Approving the ap- pointment of Terri Hartlauer to #3. Gordon Ottley, AFSCME, the Golf Advisory Board. addressed the budget process (I 90-5) regarding employee raises. He said the employees were partners with the City Council in the operations of Salt Lake City. He 90-203 PROCEEDINGS uF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 #3. RE: Approving the ap- portion of an alley between War- pointment of Kimball Young to the nock Avenue and Division Lane, Recreation Advisory Board. 156.35 feet west of 600 East, (I 90-7) pursuant to Petition 400-798-90. (P 90-185) #4. RE: Approving the ap- pointment of Colleen Minson to the #10. RE: Adopting Ordinance Library Board. 39 of 1990 amending Subsection A (I 90-13) of Title 2, Chapter 56, Section 150 of the Salt Lake City Code #5. RE: Approving the ap- relating to conveyance for value. pointment of Kenneth Louder to the (0 90-26 ) Urban Forestry Board. (I 90-15) NEW COUNCIL BUSINESS #6. RE: Setting a date to #1. RE: A resolution autho- hold a nonadvertised hearing on rizing the advertisement for sale July 10, 1990, at 6:30 p.m. to of $17, 500,000 Tax and Revenue receive public comment and consid- Anticipation Notes, Series 1990 of er adopting an ordinance vacating Salt Lake City, Salt Lake County, a portion of an alley between Utah; and authorizing the distri- Wilson Avenue and Downington bution of an Official Statement Avenue, 125 feet east of 900 East, and Official Notice of Sale for pursuant to Petition 400-793-90. such notes. (P 90-184) ACTION: Councilmember Godfrey #7. RE: Adopting Resolution moved and Councilmember Kirk 64 of 1990 authorizing the execu- seconded to adopt Resolution 68 tion of an interlocal cooperation of 1990, which motion carried, all agreement between Salt Lake City members voted aye. Corporation and Utah Department of (Q 90-5) Transportation providing for the city to sweep UDOT streets for one PUBLIC HEARINGS year at UDOT's expense. (C 90-290) #1. RE: A public hearing at 6:20 p.m. to receive comments and #8. RE: Adopting Resolution consider adopting an ordinance 65 of 1990 authorizing the execu- closing a portion of South Temple tion of an interlocal cooperation between 450 and 500 West and agreement between Salt Lake City vacating a portion between 400 and Corporation and the Division of 450 West pursuant to Petition 400- Archives and Records, the Depart- 759-89 . ment of Administrative Services for the State of Utah, whereby the ACTION: Councilmember Godfrey city accepts monies for the pur- moved and Councilmember Horrocks pose of preserving a historical seconded to continue the hearing document. to July 17, 1990, at 6:15 p.m. , (C 90-291 ) which motion carried, all members voted aye. #9. RE: Setting a date to hold a nonadvertised hearing on DISCUSSION: There was no July 17, 1990, at 6:20 p.m. to discussion. receive public comment and consid- (P 90-113) er adopting an ordinance closing a 90-204 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 #2. RE: A public hearing at and OSCO. She said the petitioner 6 :30 p.m. to receive comments and proposed a building addition of consider adopting an ordinance approximately 12, 700 square feet amending Section 21 . 76. 120 of the to allow OSCO Drug to expand to Salt Lake City Code relating to the north. Albertsons would then airport zoning and height regula- expand into the existing drug tions. store space, which would double the size of the grocery store. ACTION: Councilmember Godfrey moved and Councilmember Kirk She said the Northwest Commu- seconded to close the public nity Master Plan and update iden- hearing, which motion carried, all tified this area to remain a members voted aye. commercial use, and the Northwest Community Council gave a favorable Councilmember Godfrey moved consensus. She said the Planning and Councilmember Kirk seconded to Commission recommended approval adopt Ordinance 40 of 1990, which with stipulations: 1 ) All store motion carried, all members voted entrances and activities be ori- aye. ented toward 900 West, 2 ) the loading dock proposed on the north DISCUSSION: Janice Jardine, side of the addition be relocated, planning staff, was present to 3 ) design consideration be given answer any questions. The Council to abutting residential proper- had no questions. No one from the ties. audience commented. (0 90-5) She said the Planning Commis- sion also directed the planning #3. RE: A public hearing at staff to prepare a rezoning evalu- 6:40 p.m. to receive comments and ation for the area between Jackson consider adopting an ordinance Avenue and 200 North along 800 rezoning the property located on West. She said there were homes the southeast corner of 200 North in this area and the Planning and 900 West from a Residential Commission wanted to consider "R-2" to a Commercial "C-1" clas- changing the zoning to residen- sification. tial. She said this recommenda- tion was not part of the petition ACTION: Councilmember Godfrey before the Council . moved and Councilmember Kirk seconded to close the public Councilmember Godfrey said if hearing, which motion carried, all Albertsons' business increased members voted aye. significantly it could cause parking problems. Ms . Jardine said Councilmember Godfrey moved there were 178 parking stalls just and Councilmember Hale seconded to for the OSCO site which was more adopt Ordinance 41 of 1990, which than required by ordinance. She motion carried, all members voted said they had determined that the aye. parking would be adequate. DISCUSSION: Janice Jardine, Councilmember Whitehead said planning staff, outlined the area the expansion would only take on a map. She said the existing parking that was currently unused strip commercial center was con- and there was parking available on structed in 1966 by Albertsons and the other side. Ms. Jardine Skaggs, which was now Albertsons 90-205 PROCEEDINGS Or THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 outlined the available parking on tion and remedy it. the map. B.T. Price said the entire Councilmember Whitehead said block needed to be redeveloped. the community needed this expan- (P 90-139) sion and Albertsons needed to upgrade the store. Councilmember #4. RE: A public hearing at Horrocks said that at one time 6: 50 p.m. to receive comments and Albertsons was considering closing consider adopting an ordinance this store. He said the proposal amending Salt Lake City Ordinance would be in the best interest of 36 of 1989, adopting the budget of the community. Salt Lake City, Utah, for the fiscal year beginning July 1, John Davison, petitioner, 1989, and ending June 30, 1990. thanked the Planning Commission and the planning staff for their ACTION: Councilmember Godfrey support and work. He said the moved and Councilmember Kirk upgrade of the store would provide seconded to close the public expanded, cleaner, and more con- hearing, which motion carried, all temporary shopping facilities for members voted aye. the northwest community. Councilmember Kirk moved and Councilmember Horrocks asked Councilmember Hale seconded to about the time frame for construc- adopt Ordinance 42 of 1990, which tion. Mr. Davison said they had a motion carried, all members voted preliminary site plan, and if aye, except Councilmember Hardman everything worked out construction who voted nay. would begin next year. DISCUSSION: Steve Fawcett, Larry Heap, adjacent property policy and budget division, said owner, said there was a noise this was the sixth budget amend- problem, and a partial alley ment and the Council had been behind his property caused prob- briefed a week ago. He said the lems. He was concerned that the amendment had also been on public expansion would increase the display for a week. The Council problems unless the developer had no questions and no one from provided security and privacy. He the audience addressed this issue. supported rezoning his area to residential. Councilmember Councilmember Hardman said he Whitehead said the residential couldn't support the amendment rezoning issue would be considered because they were taking $440, 000 in the future. from Canterbury. He said he thought the Housing Authority had Councilmember Horrocks asked abdicated their responsibility and Mr. Heap if his property abutted shifted it entirely to the city. the alley. Mr. Heap said it did He said the city was taking sur- and that was where the petitioner plus funds from a city-owned proposed putting the loading facility to meet a $500, 000 loss docks. Mr. Horrocks asked if on the Housing Authority' s side. anyone used the alley. Mr. Heap He said the whole process was said no one used it and it wasn't riddled with gross incompetence big enough for trucks. and he thought they were only Councilmember Horrocks said they postponing a bad situation. He would have to look at this situa- was concerned that 18 months from 90-206 PROCEEDINGS (Ur THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 5, 1990 now the properties would still be vacant and not sold. Councilmember Whitehead said this was a problem that needed to be resolved so the residents didn't suffer. Councilmember Godfrey said this was actually a city problem because they had bonded for the money. He said the city' s ability to bond in the future would be hampered if they didn't resolve this problem. Councilmember Hardman reiter- ated his concern that the Housing Authority was not taking any responsibility. (B 89-5) #5. RE: A public hearing at 7:00 p.m. to receive comments and consider the addition of a $1.25 per month fee, assessed either on a per-household or per can basis, to fund the annual neighborhood trash pickup program; and consid- er the implementation of fees relating to animal boarding and euthanasia services when animals are signed over to Salt Lake City Animal Control. ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to close the public hearing, which motion carried, all members voted aye. DISCUSSION: There was no staff presentation and no one from the audience commented. (0 90-24 & 0 90-29 ) The meeting adjourned at 7:05 p.m. COUNCIL CHAIR CITY RECORDER 90-207 Ste=`,1 °�Q Nit G� F1 �' i°do ,01 OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 304 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7600 June 12, 1990 MEMORANDUM TO: COUNCILM14BERS FROM: CINDY GUST-JENSON SUBJECT: BUDGET ADOPTION OPTIONS We have contacted each of you to let you know that the City has received the revenue numbers from the Co nty, which indicate that $270,000 beyond what was projected will be availab-4 We are providing the following information in an effort to clarify background information and spell out options. Points to consider: 1 . Onetime money in the amount of $268,800 for the salary package in is built in to the Mayor's budget at this time The City has made every effort during this budget process to avoid using onetime money for ongoing expenses. The use of onetime money for ongoing expenses creates an "automatic deficit" to start out the next (1991-92) fiscal year's budget process. 2. The $270,000 in revenue which is available now that we have final figures from the County is in ongoing revenue. This money could be used in place of the $268,800 to replace onetime money with ongoing revenue. You would then have $268,800 in onetime money to allocate, preferably t a onetime expenditure) Of pA 1y\ ('�1\" c or gou�i�ninon 6Inrrwn 3. The above information does not change the fact that if the Council elects to make the annual neighborhood trash pickup self-supporting, increase the business license fee and implement the animal sign-over fee, there will be $227,500 in ongoing revenue available. This money could then be used for ongoing expenses, could be used to reduce the property tax rate. If you did not approve the $1 .25 per month annual trash pickup fee and wanted to restore the annual neighborhood trash pickup to the general fund you would have only $39,500 with which to do so, since $188,000 of the $227,500 is available ONLY if you make the annual trash pickup self- sustaining by establishing the $1 .25 per month user fee. Options: A. Do as the Administration recommends and replace the $268,800 in onetime money with most of the $270,000 in ongoing revenue. (pass motion #40) B. Do as suggested in "A" above and elect to allocate the $227,500 for one or more of the following options: ( S,0'I ha, a62g18001N of bryZ 1. Reduce the property tax increase by $1 .73 from 16.00 to $14.27. (pass motion #40) 2. Put the $227,500 in "contingency," but keep it separate from potential labor funding by placing it in the "SID Reserve Guarantee Fund." (pass motions 37, 3 , 16) Put $98,227, in governmental, immunity. (pass motion #36) C. Allocate the $39,500 to restore the annual neighborhood trash pickup. This would need to be combined with a cut of $254,500, or a property tax increase of $1 .94 more, for a total property tax increase of $17.94 on a $70,000 home. D. Use the $270,000 in revenue realized with the actual property tax figures, combined with the $39,500 from the fee increases to restore the annual neighborhood trash pickup to the general fund. (This would mean that the $268,800 in onetime revenue would remain in this year's general fund, and would create an "automatic deficit" to start out next fiscal year's budget work.) E. Use both ongoing and onetime revenue to reduce the proposed property tax increase: 1. The $227,500 in ongoing revenue and the $270,000 in additional revenue realized with the actual property tax figures to reduce property taxes. Leave the $268,800 i.n onetime money ix the budget. This wou'd create an "automatic deficit" to start out next fiscal year, but would allow a reduction in the property tax increase of $3.79, from $16.00 to $12.21. . 2. Add to number El above the $109,000, to allow for a property tax decrease of $4.62, from $16.00 to $11.38. (This, too, would create an "automatid deficit" to start out next fiscal year's budget work.) .F.und c impti)60 Pri L,1 oN.- $ Staff Recommendation: no0 From a fiscally conservative standpoint, the staff recommends the following: Support of option A above, replacing the onetime money remaining in the budget with ongoing revenue identified when we received the final revenue figures from the County. The staff further recommends: Support of Item B 2, which preserves the Council's options. Any spending of the money would have to be with the approval of the Council during a budget opening. Note: We do not recommend any options which involve the use of onetime money for ongoing expenses. SAS' aJ WlittE �� ©: Mal DEPARTMENT OF FINANCE VERL "BUZZ" HUNT Treasurer PALMER DEPAULIS TREASURER CITY AND COUNTY BUILDING MAYOR 451 SOUTH STATE STREET, ROOM 228 LINDA HAMILTON SALT LAKE CITY, UTAH 84111 (801 535-7946 DIRECTOR OF FINANCE June 12, 1990 Alan G. Hardman, Chairperson Salt Lake City Council City and County Building, Roan 304 Salt Lake City, Utah 84111 SUBJECT: Bond Resolutions for SID's #38-724, #38-808, #38-830 Dear Alan: This morning, we concluded the sale of special assessment bonds for the above referenced special improvement districts. Par amount for each district included $224,000 for SID #38-724, $659,000 for SID #38-808, and $913,000 for SID #38-830. Each issue sold via negotiated sale with First Security Bank of Utah. As we have discussed before, the unique nature of special assessment bonds make them conducive to a negotiated sale. Each district sold at a net interest cost of 7.25% and each mature over a ten ye,or period. The price of 7.25% for a ten year bond issue of this nature is considered very attractive under current market conditions. We, therefore, recommend adoption of the three bond resolutions on tonight's Council Agenda which authorizes the issuance and confirms the sale of the bonds to First Security Bank. Attached are debt service schedules and pricing data on the three bond sales. As you know, special assessment bonds are retired by special assessment taxes on abutting properties which are benefited by the SID's. Please let me knaa if there are any questions. Sincerely, Buzz City Treasurer BH/hd Attachment cc: Cindy Gust-Jenson. Linda Hamilton JUN 12 '90 12:42 EHRLICH P.6 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ABSESSNENT BONDS, SERIES 1990 CALIFORNIA AVENUE CURB AND GUTTER EXTEWTIOW BID 38.724 DEBT SERVICE SCHEDULE eras■..4rag5..ecmeal DATE PRINCIPAL COUPON INTEREST PERIDO TOTAL FISCAL TOTAL 12/ 1/90 22,000.00 9.000000 7,413.74 29,413.74 6/ 1/91 7,049.00 7,049.00 36,462.74 12/ 1/91 22,000.00 7.500000 7,049.00 29,049.00 6/ 1/92 6,224.00 6,224.00 35,273.00 12/ 1/92 22,000.00 7.000000 6,224.00 28,224.00 6/ 1/93 5,454.00 5,454.00 33,678.00 12/ 1/93 22,000.00 6.600000 5,454.00 27,454.00 6/ 1/94 4,728,00 4,728.00 32,182.00 12/ 1/94 22,000.00 6.700000 4,728.00 26,720.00 6/ 1/95 3,091.00 3,091.00 30,719,00 12/ 1/93 22,000.00 6.800000 3,991.00 25,991.00 A/ 1/96 3,243.00 3,243.00 29,234.00 12/ 1/96 23,000.00 6.900000 3,243.00 26,243.00 6/ 1/97 2,449.50 2,449.50 28,692.50 12/ 1/97 23,000.00 7.000000 2,449.50 25,449.50 6/ 1/98 1,644.50 1,644.50 27,094.00 12/ 1/98 23,000.00 7.100000 1,644.50 24,644.50 6/ 1/99 828,0D 828.00 25,472.50 12/ 1/99 23,000.00 7.200000 828,00 23,828.00 6/ 1/ 0 23,828.00 224,000.00 78,635.74 302,635.74 ACCRUED 491.27 491.27 224,000.00. 78,144,47 302,144.47 .dac...r.ow... ■=...ddC...iC3 ..i=.■drexe.dx Dated 6/15/90 with Delivery of 6/26/90 Bond Years 1,123.289 Average Coupon 7.000492 Average Life 5.014683 N I C % 7,257275 % Using 98.7123125 T I C % 7.325535 X From D.Livery Data JUN 12 ' 90 11 : 48 PAGE . 006 JUN 12 '90 12:43 EHRLICH P 7 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT BONDS, SERIES 1990 CALIFORNIA AVENUE CURD AND GUTTER EXTENTION SID 38-724 DATED 6/15/1990 DELIVERY 6/26/1990 DATE PRINCIPAL Sly COUPON YIELD $PRICE PRICED TO CALL 12/ 1/90 22,000.00 10 9.0000 6.3000 101.115 12/ 1/91 22,000.00 42 7.5000 6.4000 101.474 '121 1/92 22,000.00 96 7.0000 6,5000 101.100 12/ 1/93 22,000.00 173 6.6000 6.6000 100.000 12/ 1/94 22,000.00 271 6.7000 6.7000 100.000 12/ 1/95 22,000.00 391 6.8000 6.8000 100.000 12/ 1/96 23,000.00 339 6.9000 6.9000 100.000 12/ 1197 23,000.00 711 7.0000 7.0000 100.000 12/ 1/98 23,000.00 906 7.1000 7.1000 100.000 12/ 1/99 23,000.00 1123 7.2000 7.2000 100.000 Par Amount 224,000.00 Production 811.58 Gross Production 224,811.58 100.3623125 Underwriters Discount 3,696.00 1.6500000 Bid 221,115.58 98.712312% Accrued 491.27 Net to Issuer 221.606.85 Gross Interest Coat 78,635.74 +Net Discount 2,884.42 Net Interest Cost 81,120.16 N I C % 7.2572751 Wine 98.712312% T I C % 7.3255355 frcM Delivery Date Bond Years 1,123.289 Average Coupon 7.000492 Average Life 5.014683 JUN 12 90 11 : 49 PAGE . 007 JUN 12 '90 12:41 EHRLICH' P.2 SALT tAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT SNOB, SERIES 1990 DOWNTOIIN BEAUTIFICATION SID 38.830 are■.■■r■■aa�■■a�T—r DEBT SERVICE SCHEDULE _¢■■■■r07■mcgmOOPC■rr DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL 12/ 1/90 91,000.00 9.000000 30,226.29 121,226.29 6/ 1/91 28,680.50 28,680.50 149,906.79 12/ 1/91 91,000.00 7.500000 28,680.50 119,680.50 6/ 1/92 25,268.00 25,265.00 144,948.50 12/ 1/92 91,000.00 7.000000 25,268.00 116,268.00 6/ 1/93 22,083.00 22,083.00 138,351.00 12/ 1/93 91,000.00 6.600000 22,083.00 113,083.00 6/ 1/94 19,080.00 19,080.00 132,163.00 12/ 1/94 91,000.00 6.700000 19,080.00 110,080.00 10 6/ 1/95 16,031.50 126,111.50 12/ 1/95 91,000.00 6.800000 16,031.50 107,031.50 6/ 1/96 12,937.50 12,937.50 119,969.00 12/ 1/96 91,000.00 6.900000 12,937.50 103,937.50 6/ 1/97 9,798,.00 9,798.00 113,735.50 12/ 1/97 92,000.00 7.000000 9,798.00 101,798.00 6/ 1/98 6,578.00 6,578.00 108,376.00 12/ 1/98 92,000.00 7.100000 6,578.00 98,578.00 6/ 1/99 3,312.00 3,312.00 101,890.00 12/ 1/99 92,000.00 7.200000 3,312.00 95,312.00 6/ 1/ 0 95,312.00 913,000.00 317,763.29 1,230,763.29 ACCRUED 2,002.95 2,002.95 913,000.00 315,760.34 1,228,760.34 ecirrsrraaporrr ■■rren■i■■rasam r■,q■■rr■s=mur Dated 6/15/90 with Delivery of 6/26/40 Bond Years 4,539.914 Averege Coupon 6,999200 Average Life 4.972612 N I C % 7,257075 % Using 98.7176878 T I C % 7,325349 X From Dallvery Date JUN 12 ' 90 11 : 47 PRGE . 002 JUN 12 '90 12:41 EHRLICH P.3 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT SONDE, SERIES 1990 DOf1NT041N BEAUTIFICATION S1D 38-S30 DATED 6/15/1990 DELIVERY 6/26/1990 DATE PRINCIPAL B/Y COUPON YIELD SPRICE PRICED TO CALL 12/ 1/90 01,000.00 42 9.0000 6.3000 101.115 12/ 1/91 91,000.00 175 7.5000 6.4000 101.474 12/ 1/92 91,040.00 399 7.0000 6.3000 101.100 12/ 1/93 91,000.00 714 6.6000 6.6000 100.000 12/ 1/94 91,000.00 1120 6.7000 6.7000 100.000 12/ 1/95 91,000.00 1617 6.8000 6.8000 100.000 12/ 1/96 91,000.00 220$ 6.9000 6.9000 100.000 12/ 1/97 92,000.00 2891 7.0000 7.0000 100.000 12/ 1/98 92,000.00 3670 7.1000 7.1000 100.000 12/ 1/99 92,000.00 4540 7.2000 7,2000 100.000 Par AmouIt 913,000.00 Production 3,356.99 Gross Production 916,356.99 100.3676878 Underwriters Discount 15,064.50 1.6300000 Bid 901,292.49 98,7176878 Accrued 2,002.95 Net to Issuer 903,295.44 Gross Interest Cost 317,761.29 +Net Discount 11,707,51 Net Interest Cost 329,470.80 N I C % 7.2570751 Us1n0 98.7176878 T I C 7i 7.3253495 From Delivery Doti? Bond Years 4,539.994 Average Coupon 6.999200 Average Life 4.972612 JUN 12 ' 90 11 : 47 PAGE . 003 JUN 12 '90 14:43 EHRLICH P.3 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT SONDS, SERIES 1990 CALIFORNIA AVENUE S10 35-808 DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL 12/ 1/90 65,000.00 9.000000 21,809.63 66,800.63 6/ 1/91 20,724.00 20,724.00 107,533.63 12/ 1/91 66,000.00 7.500000 20,724.00 86,724.00 6/ 1/92 18,249.00 18,249.00 104,973.00 12/ 1/92 66,000.00 7.000000 18,249.00 04,249.00 6/ 1/93 15,939.00 15,939.00 100,188.00 12/ 1/93 66,000.00 6.603000 15,939.00 81,939.00 6/ 1/94 13,761.00 13,761.00 95,V00.00 12/ 1/94 66,000.00 6.700000 13,761.00 79,761.00 61 1/95 11,550.00 11,550.00 91,311.00 12/ 1/95 66,000.00 6.800000 11,550.00 77,550.00 6/ 1/96 9,306.00 9,306.00 66,856.00 12/ 1/96 66,000.00 6.900000 9,306.00 75,306.00 6/ 1/97 7,029.00 7,029.00 82,335.00 12/ 1/97 66,000.00 7.000000 7,029.00 73,029.00 6/ 1/98 4,719.00 4,710.00 77,748.00 12/ 1/98 66,000.00 7.100000 4,719.00 70,719.00 6/ 1/99 2,376.00 2,376.00 73,095.00 12/ 1/99 66,000.00 7.200000 2,376.00 66,376.00 6/ 1/ 0 66,376.00 659,000.00 229,115.63 888,115.63 ACCRUED 1,445.22 1,445.22 659,000.00 227,670.41 886,670.41 Dated 6/15/90 with Delivery of 6/26/90 Bond Years 3,273.872 Average Coupon 6.998307 Average Life 4.967940 N I C % 7.256409 % Using 98.7177678 T I C X 7.324612 S From Delivery Date JUN 12 ' 90 13: 49 PAGE . 003 JUN 12 '90 14:43 EHRLICH P.2 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT BONDS, SERIES 1990 CALIFORNIA AVENUE SID 38-808 DATED 6/15/1990 DELIVERY 6/26/1990 DATE PRINCIPAL B/Y COUPON YIELD 'PRICE PRICED TO CALL 12/ 1/90 65,000.00 30 9.0000 6.3000 101.11S 12/ 1/91 66,000.00 126 7.5000 6.4000 101.474 12/ 1/92 66,000.00 289 7.0000 6.5000 101.100 12/ 1/93 66,000.00 517 6.6000 6.6000 100.000 12/ 1/94 66,000.00 812 6.7000 6.7000 100.000 12/ 1/95 66,000.00 1172 6.8000 6.8000 100.000 12/ 1/96 66,000.00 1599 6.9000 6.9000 100.000 12/ 1/97 66,000.00 2091 7.0000 7.0000 100.000 12/ 1/98 66,000.00 2649 7.1000 7.1000 100.000 12/ 1/99 66,000.00 3274 7.2000 7.2000 100.000 Per Amount 659,000.00 Production 2,423.59 gross Production 651,423.59 100.3677678 Underwriters Discount 10,873.50 1.6500000 Bid 650,550.00 08.7177678 Accrued 1,445.22 Met to Issuer 651,995.31 Bross Interest Cost 229,115.63 +Net Discount 8,449.91 Wet Interest Coat 237,565.54 B I C X 7.2564085 using 98.7177678 T I C X 7.3246110 From Delivery Date Bond Years 3,273.872 Average Coupon 6.998307 Average Life 4.967940 JUN 12 ' 90 13: 49 PAGE . 002 Kia ,, T)': ids �06. riii SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 2 . 52 . 117 of the Salt Lake City Code relating to the Compensation Plan adopted-- 100 Series employees) AN ORDINANCE AMENDING SECTION 2 . 52 . 117 OF THE SALT LAKE CITY CODE ADOPTING THE COMPENSATION PLAN FOR 100 SERIES EMPLOYEES EFFECTIVE COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. The purpose of this Ordinance is to adopt a Compensation Plan for 100 Series employees of Salt Lake City effective July 1, 1990 and ending June 30, 1991 . SECTION 2 . Section 2 .52 .117 of the Salt Lake City Code be, and is hereby amended as follows: 2.52.117. Compensation plan adopted--100 Series employees. A. The compensation plan for Salt Lake City Corporation 100 Series employees dated July 1 , [ 1900] 1990, is [hereby] adopted as the official compensation plan for [ouch] said employees . Three copies of [the] said plan, or any amendment thereto, shall be maintained in the city recorder' s office for public inspection. The provisions of [the] said plan shall be effective under the terms thereof, commencing July 1, [ 1900] 1990 and ending June 30, [ 1909] ATTEST: CITY RECORDER FMN:cc -3- ‘e .` 94e-t4( sAl2 rol„kaitoimmadmi RMIEMMOM DEPARTMENT OF FINANCE VERL "BUZZ" HUNT Treasurer PALMER DEPAULIS TREASURER CITY AND COUNTY BUILDING MAYOR 451 SOUTH STATE STREET, ROOM 228 LINDA HAMILTON SALT LAKE CITY, UTAH 84111 (801) 535-7946 DIRECTOR OF FINANCE June 12 , 1990 Alan G. Hardman, Chairperson Salt Lake City Council City and County Building, Room 304 Salt Lake City, Utah 84111 SUBJECT: Tax and Revenue Anticipation Notes Dear Alan: This morning, we received and opened eleven bids on the public competitive sale of the City' s $17 , 500 , 000 Tax and Revenue Anticipation Notes, Series 1990 . Attached is the "Results of Sale" which lists each of the bids . The low bid was submitted by J.P. Morgan Securities , Inc . with a net interest rate of 5 . 956887% ( see far right column of attached sheet) . We, therefore, recommend authorizing the issuance and confirming the sale of notes to J .P . Morgan. Securities, Inc . A final and revised version of the Resolution for tonight' s Council Agenda is being prepared and will be submitted prior to the meeting. Please let me know if there are any questions . Sincerely, Buzz Hu t City Treasurer BH/hd Attachment cc: Cindy Gust-Jenson Linda Hamilton SALT LAKE CITY, UTAH TAX AND REVENUE ANTICIPATION NOTES SERIES 1990 RESULTS OF SALE SALE DATE- 12-Jun-90 at 10:00 A.M.,M.D.T. PAR AMOUNT- $17,500,000 DATED DATE- 02-Jul-89 BOND YEARS - 17,305.556 MATURITY DATE- 28-Jun-90 FIRM/ TOTAL>INTEREST NET SYNDICATE MANAGER BID COUPON TO MATURITY PREMIUM INTEREST COST NIC 1 J.P. Morgan Securities Inc. 17,529,092.96 6.125% 1,059,965.28 29,092.96 1,030,872.32 5.956887% 2 Smith Barney 17,550,575.00 6.250% 1,081,597.22 50,575.00 1,031,022.22 5.957753% 3 BT Securities 17,547,250.00 6.250% 1,081,597.22 47,250.00 1,034,347.22 5.976966% 4 Citicorp Securities 17,544,100.00 6.250% 1,081,597.22 44,100.00 1,037,497.22 5.995169% 5 Shearson Lehman Hutton 17,540,668.05 6.250% 1,081,597.22 40,668.05 1,040,929.17 6.015000% 6 Chemical Securities 17,513,800.00 6.100% 1,055,638.89 13,800.00 1,041,838.89 6.020257% 7 Morgan Stanley&Co. 17,538,000.00 6.250% 1,081,597.22 38,000.00 1,043,597.22 6.030417% 8 Prudential-Bache 17,536,850.00 6.250% 1,081,597.22 36,850.00 1,044,747.22 6.037063% 9 Goldman Sachs&Co. 17,534,784.17 6.250% 1,081,597.22 34,784.17 1,046,813.05 6.049000% 10 First Boston Corp. 17,532,550.00 6.250% 1,081,597.22 32,550.00 1,049,047.22 6.061910% 11 Dillon Read &Co., Inc. 17,574,760.00 6.500% 1,124,861.11 74,760.00 1,050,101.11 6.068000% Prepared by Ehrlich Bober&Co. 6-/, z_i_p LQ_.ZPJ "71E LAW OFFICES PARSONS, BEHLE & LATIMER A PROFESSIONAL CORPORATION 185 SOUTH STATE STREET, SUITE 700 FITH E.TAYLOR PATRICK J.GARVER POST OFFICE BOX 11898 T.PATRICK CASEY C.RUSSELL VETTER ..ES B.LEE SPENCER E.AUSTIN SALT LAKE CITY, UTAH 84147-0 8 9 8 VALDEN P.LIVINGSTON CY H.CASTLE _OTT M.MATHESON LEE KAPALOSKI MICHAEL J.STAAB J.THOMAS BECKETT GORDON L.ROBERTS STEPHEN J.HULL TELEPHONE IB OI)532-1234 MICHAEL L LARSEN M.LINDSAY FORD F.ROBERT REEDER JOHN B.WILSON FACSIMILE(SDI)539-1346 JONATHAN K.BUTLER JIM BUTLER LAWRENCE E.STEVENS ROBERT C.HYDE DAVID G.MANGUM KENNETH R.BARRETT DANIEL M.ALLRED CRAIG B.TERRY JULIA C.ATTWOOD THOMAS B.BRUNKER ROY G.HASLAM DAVID A.ANDERSON DEREK LANGTON DOUGLAS R.DAVIS DALLIN w.JENSEN GARY E.DOCTORMAN SO WEST BROADWAY,SUITE 400 LUCY B.JENKINS ELIZABETH S.CONLEY W.JEFFERY FILLMORE KENT B.ALDERMAN SALT LAKE CITY,UTAH 84101 LORNA ROGERS BURGESS' ELIZABETH S.WHITNEY KENT W.WINTERHOLLER JOHN T ANDERSON TELEPHONE(BOI)328-1666 THOMAS R.GRISLEY ELIZABETH R.BLATTNER BARBARA K.POUCH KENT O.ROCHE FACSIMILE(801)3213•8419 DAVID L.DEISLEY JAMES H.WOODALL RANDY L.DRYER PATRICIA J.WIN/KILL RICHARD M.MARSH JAMES E.KARKUT CHARLES H.THRONSON RANDY M.GRIMSHAW • HAL J.POS COLE A.WIST OAVIO R.BIRD LAWRENCE R.BARUSCH W.MARK GAVRE WILLIAM J.EVANS RAYMOND J.ETCHEVERRY WILLIAM O.HOLYOAK FORMERLY. DAVID J.SMITH C.KEVIN SPEIRS FRANCIS M.WIKSTROM PAUL D.VEASY DICKSON.ELLIS,PARSONS&MCCREA MARK S.WEBBER HOWARD C.YOUNG DAVID W TUNDERMANN DANIEL W.HINDERT MARK M.BETTILYON DAVID W.ZIMMERMAN JAMES M.ELEGANTE LOIS A,BAR 1882-1959 A JAMES C.HYDE MONICA M.WHALEN VAL R,ANTCZAK LYNN R.CARDEY-PATES J.MICHAEL BAILEY C.C.PARSONS CALVIN A.BEHLE GEORGE W.LATIMER COLORADO ONLY IOECEASEOI IRETIREDI IRETIREDI OF COUNSEL MAXWELL A.MILLER RONALD S.POELMAN June 7 , 1990 HAND DELIVERED Buzz Hunt Salt Lake City Treasurer City & County Building, Rm. 228 451 South State Street Salt Lake City, UT 84111 Re: City of Hurricane/Mission Health Services Revenue Bonds Dear Buzz: This letter is a follow-up to our conversation on June 5 , 1990 , and is in response to the memorandum from Cindy Gust-Jenson to the Salt Lake City Council members , a copy of which you provided to me at the conclusion of the City Council meeting . In response to item 1 ( a) , I personally delivered to you on June 5 a copy of the letter requested. In response to item 1 (b) , I understand that you were provided with a copy of the Sources and Uses Statement on June 5 . In response to item 1 (c) , a copy of the current version of the Feasibility Study is enclosed. In response to item 2 (a) , the "Purpose" paragraph of the Interlocal Agreement (paragraph number 1 ) has been revised to comply with your request . When you compare the enclosed draft of the Agreement with the prior version, you will see that the purpose has been significantly narrowed to address your concerns . I know that the Agreement as a whole appears rather long . However, the other provisions are needed to satisfy the require- ments of the public purpose test, the requirements of the Interlocal Cooperation Act , and the concerns of the other parties to the Agreement . Buzz Hunt June 7 , 1990 Page 2 Finally, in response to item 2 (b) , because Mission Health Services is not a party to the Interlocal Agreement, they would not be bound to the covenant you have requested in item 2 (b) . Accordingly, we have been authorized on behalf of Mission Health Services to commit to Salt Lake City that the City' s name will not be used in the Bond offering document without the prior written approval of the City. You may rely on this letter in enforcing that commitment . If for any reason the foregoing does not satisfy all the items referred to in Cindy' s memorandum, please contact me immediately. We and the parties involved in this transaction are extremely appreciative of the considerable time and effort devoted to this matter by you, Cindy, and members of the City' s staff . Although, as you indicated, this matter has already taken mare time and energy than its really worth , I am pleased that we have been able to respond to the Council ' s concerns . Please let me know how I can be of further help and whether there is any- thing more that needs to be done prior to the June 12th Council meeting . Sincerely, David J . Smith DJS/ss Enclosures cc : Cindy Gust-Jenson 200 : 060790A OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 304 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7600 June 5, 1990 MEMORANDUM TO: COUNCILMEMBERS FROM: CINDY GUST—JENSON SUBJECT: MISSION HEALTH SERVICES IRB APPLICATION One of the Councilmembers has asked that the Council hold a discussion before the IRB application for Mission Health Services is formally supported by the City. A public hearing is set for June 12, and the discussion is scheduled for tonight . Several other questions have been raised by City Councilmembers , and these have all been communicated to the Bond Counsel for the applicant , Mr . David Smith. Mr. Smith will attend the briefing this evening to provide further information and respond to questions. Attached for your information is a memo provided by City Treasurer Buzz Hunt. This memo indicates that additional information is needed in order for the City to make a final evaluation on this. Members of the Administrative staff, including the City Treasurer and representatives of Capital Planning, have met with Council staff to review this and provide assistance. Based upon this review, following is the recommendation: 1 . Request that the applicant provide: a. Either a letter of credit or some form of credit enhancement . If this is to be a private issue, it will suffice to have a letter explaining that and indicating that each institutional investor will do their own credit analysis and due diligence. b. "Sources of Funds/Uses of Funds" statement from Donaldson, Lufkin & Jenrette. c. A copy of the financing summary or feasibility summary to provide evidence that a public purpose is being met . 2. Request that the interlocal agreement be revised to: a. Indicate that the City is simply consenting to with the sole purpose of complying with State law. b. Indicate that the City's name may not be used in offering documents without prior written approval. If the Council is comfortable with this approach, I suggest that the additional information requested and then be referred to the Administrative and Council staff for review prior to the June 12 hearing. The bond counsel may request that you give an indication that you will support the concept of this issue , providing the information requested is supplied and checks out. You will need to decide this based upon the comfort level you have with the information provided tonight. DRAFT 6-7-90 INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ( "Agreement" ) is made and entered into pursuant to the provisions of the Interlocal Cooperation Act , Utah Code Ann. Title 11 , Chapter 13 , as amended (the " Interlocal Act" ) , and shall be effective as of 1990 , by and among , the City of Hurricane, Utah, Weber County, Utah, the City of West Jordan, Utah, the City of Salt Lake, Utah , and the city of Pleasant Grove, Utah, all of which are political subdivisions of the state of Utah and are hereinafter collectively referred to as the "Parties" . Refer- ences herein to section numbers refer to specific sections of the Interlocal Act unless otherwise specified. WITNESSETH: WHEREAS , the Parties desire to facilitate the improve- ment and efficiency of health care services available to the residents of the Parties; and WHEREAS , the Parties and their residents are directly impacted by the availability, efficiency and quality of health care facilities within the boundaries of the Parties ; and WHEREAS , it is in the best interests of the public served by the Parties to improve health care services and facili- ties located within the boundaries of the parties; and WHEREAS , significant economies of scale may be realized by combining the private administration and operation of existing health care facilities ; and WHEREAS , pursuant to Section 11-13-2 , it is the purpose of the Interlocal Act to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services, facilities or improvements in a manner and pursuant to forms of governmental organization that will accord best with geographic , economic , population and other factors influencing the needs and development of local communi- ties and to provide the benefit of economy of scale, economic development and utilization of natural resources for the overall promotion of the general welfare of the state; and WHEREAS , under Section 11-13-5 any two or more public agencies (as defined in Section 11-13-3 ) may enter into agree- ments with one another for joint or cooperative action pursuant to the Act ; and WHEREAS, the Parties are all Public Agencies (as defined in the Interlocal Act) and desire to enter into an agreement with one another for cooperative action to assist with improving the quality of health care services and facilities available to the members of the public who are served by the Parties; and WHEREAS , pursuant to the Utah Industrial Facilities and Development Act , Title 11 , Chapter 17 , Utah Code Ann . as amended (the "Facilities Development Act" ) , each of the Parties has authority to issue bonds to provide funds for loans to finance, refinance or provide reimbursement for the acquisition of facili- ties suitable for use in providing health care services to improve local health and the general welfare; and WHEREAS, in order to improve local health and the general welfare by inducing health care facilities to consolidate their financial strength, operate more efficiently and improve and upgrade their facilities , to accomplish economies of scale and other cost savings , and to reduce the costs of providing health care services , Section 11-17-3 of the Facilities Develop- ment Act authorizes each Party to enter into interlocal coopera- tion agreements to provide for the issuance of bonds under the Facilities Development Act by one of the signatories to the interlocal cooperation agreement on behalf of all of the signato- ries thereto for the financing or acquisition of facilities qualifying as a project under Subsection 11-17-2 (8 ) of the Facilities Development Act or for the refinancing thereof ; and WHEREAS , in order to accomplish the purposes set forth above and herein, the Parties have determined by resolution of their respective governing bodies to enter into this Agreement to provide for the financing or reimbursement of the costs of acquiring facilities for the benefit of Mission Health Services , a nonprofit corporation engaged in health care services (herein- after the "Non-Profit Corporation" ) , and to accomplish such purposes , Hurricane City, Utah (hereinafter the "Issuing Party" ) , pursuant to the terms of this Agreement , has agreed to • issue its revenue bonds (the "Bonds" ) on behalf of itself and the other Parties and loan the proceeds thereof to accomplish such pur- poses ; and WHEREAS, the Parties desire to consent to the issuance of the Bonds and to cooperate in allowing certain health care facilities located within their respective boundaries to be acquired and improved by the Non-Profit Corporation with Bond proceeds by consenting through this Agreement to allow a portion of Bond proceeds to be spent in their respective jurisdictions . -2- NOW, THEREFORE, in consideration of the mutual cove- nants and promises contained herein, and pursuant to the Act , the Parties hereby agree as follows : 1 . Purpose. The purpose of this Agreement is to allow the Parties to comply with State law in facilitating accomplishment of the intentions and purposes referred to above by consenting to the issuance of the Bonds by the issuing Party under the Interlocal Act and the Facilities Development Act , the proceeds of which shall be used in connection with the aforemen- tioned purposes , and by consenting to allow a portion of Bond proceeds to be spent in the respective jurisdictions of the Parties for said purposes . 2 . Issuance of Bonds and Use of Proceeds . (a) The Parties hereby consent to the issuance of the Bonds by the Issuing Party and the use of Bond proceeds by the Non-Profit Corporation to acquire and improve certain health care facilities located within the boundaries of the Parties . The Parties agree to cooperate with the Issuing Party and each other to facilitate said Bond issuance and use of proceeds . (b) Pursuant to and subject to the terms and conditions of the Indenture of Trust executed in connection with the issuance of the Bonds ( the " Indenture" ) , the Issuing Party shall authorize the issuance and delivery of the Bonds to be designated and be in the form, and to have such terms as are provided in the Indenture . (c) The Bonds , together with interest thereon, shall not constitute nor give rise to ( i ) a general obligation or liability of the Issuing Party, any other Party, or the State of Utah , or ( ii ) a charge against the general credit or taxing power of the Issuing Party, any other Party, or the State of Utah, but shall be special obligations of the Issuing Party payable solely from, and shall be secured by, to the extent and in the manner provided in the Indenture, a pledge of the rights of the Issuing Party under notes and loan agreements and the amounts in the certain funds and accounts created by the Indenture , including investment earnings thereon. The Parties ( except for the Issuing Party to the limited extent provided for in the Indenture) , their officers , agents and employees shall not be liable for the payment of the principal of , premium, if any, or interest on the Bonds , nor shall such Parties , officers , agents and employees be liable for any other indebtedness or liability which may arise in connection with the Bonds or the making of the loans associated therewith. (d) The proceeds from the sale of the Bonds shall be applied in accordance with the provisions of the Indenture for the purposes specified herein. -3- 3 . Term. This Agreement shall be and remain in force and effect until the discharge of the Indenture, unless such period is modified in writing by the Parties in the event the Bonds are not issued. 4 . Administrator. Pursuant to Section 11-13-7 and other relevant provisions of the Act , the Parties hereby desig- nate the Issuing Party as the Administrator responsible to administer this Agreement and the accomplishment of the purposes of the cooperative action contemplated hereby and specified herein. 5 . Financing and Budget . The cooperative under- takings contemplated hereby shall be financed by one or more of the following methods : (a) In accordance with Section 11-13-13 , any of the Parties may provide personnel or services as may be within its legal power to furnish. (b) The cooperative undertakings contemplated hereby may be financed by the Non-Profit Corporation. (c) The Parties may finance the cooperative undertakings contemplated hereby by any other method allowed under Utah law, including the Act . Within 30 days after the execution of this Agreement , the Administrator shall establish and maintain a budget for the cooperative undertakings contemplated hereby. Payments of costs associated herewith and with the Bonds shall be made in accor- dance with the provisions of the Indenture. 6 . Termination; Withdrawal of Parties . This Agree- ment shall terminate upon expiration of the term established above , or upon written agreement among the Parties as described above. No Party shall withdraw from this Agreement as long as the Indenture is undischarged. 7 . Additional Parties . Subsequent to execution of this Agreement by the Parties , any other Public Agency may become a party to this Agreement by filing with the Administrator and the Trustee under the Bonds ( i ) a certified copy of a resolution duly adopted by the governing body of such Public Agency approv- ing the Agreement , ( ii ) a counterpart of this Agreement duly executed by an authorized official of such such Public Agency, ( iii ) evidence satisfactory to the Administrator and the Bond Trustee of the filing of a duly executed counterpart of this Agreement in the official records of such Public Agency, and ( iv) an opinion of counsel to such Public Agency in compliance with Section 11-13-9 of the Interlocal Act . -4- 8 . Acquisition, Holding and Disposal of Property. All real or personal property of any kind or nature whatsoever used in connection with the cooperative undertakings contemplated hereby shall in every event be acquired, held, and disposed of by the Non-Profit Corporation with funds provided by or through said Corporation, and revenues and funds acquired and disposed of in connection with the Bonds shall be acquired as disposed of pursuant to the provisions of the Indenture. 9 . Headings . The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions. 10 . Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements , representations , and understandings of the Parties . No supplement , modification, or amendment of this Agreement shall be binding unless executed in writing by all the Parties . No waiver of any of the provisions of this Agreement shall be deemed or shall constitute, a waiver of any other provision, whether or not similar , nor shall any waiver constitute a continuing waiver . No waiver shall be binding unless executed in writing by the party making the waiver. 11 . Counterparts . This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument . 12 . Notices . All notices , requests , demands and other communications under this Agreement shall be in writing and shall either be delivered personally, or sent by first class mail , postage prepaid, and properly addressed to the Parties and addresses listed on Exhibit "A" hereto. 13 . Null or Void Provisions . If any part or parts of this Agreement shall be held to be null or void, or otherwise unenforceable, such shall not affect the validity and enforce- ability of the rest of this Agreement . Where the context requires , the singular shall including the plural and the plural shall include the singular . 14 . Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the state of Utah. 15 . Approval ; Resolutions . Pursuant to Section 11-13-9 of the Act , this Agreement has been approved as to form and compatibility with Utah law by authorized attorneys -5- representing each of the Parties , and any other public agency that becomes a party to this Agreement shall be required to obtain similar approval . Further, the governing bodies of the Parties have adopted appropriate resolutions, pursuant to Section 11-13-5, and any other public agency that becomes a party to this Agreement shall be required to adopt a similar resolution. 16 . Counterparts . This Agreement may be executed in any number of counterparts , each of which shall be an original, but all of which together shall constitute one and the same instrument . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. [SIGNATURE PAGES TO BE ADDED BY COUNTERPART] 200 : 011090E -6- KAREN SUZUKI-HASHIMOTO S .'A a� �" 1,ia�w,�,� � if— -EN DIRECTOR .01L PALMER DEPAULIS FRANK ERASER DEPARTMENT OF HUMAN RESOURCES MAYOR DEPUTY DIRECTOR AND PATRICIA CAMPBELL, C.C.P ADMINISTRATIVE SERVICES COMPENSATION&BENEFITS MANAGER 451 SOUTH STATE STREET, ROOM 404 BRENDA R. HANCOCK TRAINING.EMPLOYMENT&COMPLIANCE SALT LAKE CITY, UTAH 84111 MANAGER TELEPHONE (801) 535-7900 8 June 1990 Alan Hardman , Chairperson Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Dear Chairperson Hardman: Please find the attached copy of the Compensation Plan for: the 100 and 200 series employees. As you are aware, there is a two year contract still in effect for 89 July through 91 June for non-economic issues. The contract is open for this year regarding economic issues only. In summary, these are the major changes: 1 . Merit increase to both series employees , and; 2 . Funding of a 2% onetime incentive payment . 3 . Insurance premiums which will be in effect during fy 90-91. Thank you for your attention regarding this matter . If there are any questions , please advise. Sincerely, / , Karen Suzu4c4-Hashimoto Director KSH/k cc: Emilie Charles Frank Fraser Frank Nakamura COMPENSATION PLAN FOR 100 SERIES SALT LAKE CITY CORPORATION EMPLOYEES 1 . EFFECTIVE DATE: The provisions of this plan shall be effective, commencing July 1, 1990 except as it has been or may be amended from time to time by the City Council, by ordinance, or approval of a Memorandum of Understanding between the City and recognized employee bargaining organizations certified pursuant to the Third Amended Labor Bargaining Resolution passed by the City Council on April 10, 1984 or any ordinance which is subsequently enacted to supersede the resolution. 2 . ELIGIBLE EMPLOYEES: This plan shall apply to all employees designated as 100 Series Salt Lake City Corporation employees , (hereinafter referred to as "Employee(s ) " ) . 3 . MEMORANDUM OF UNDERSTANDING: The City entered into a Memorandum of Understanding with the American Federation of State, County and Municipal Employees Local 1004 on June 30, 1989 (hereinafter referred to as the "Memorandum of Understanding" ) . The Memorandum of Understanding provided for a salary structure, benefits and employment conditions for employees classified by the City as "100 Series" . According to the Memorandum of Understanding, all provisions are in effect from July 1, 1989 through June 30, 1991, except the following issues, which are in effect from July 1 , 1989 through June 30, 1990 : Wages and salaries Pensions Insurances Snowfighter pay Allowance, incomes and reimbursements Accordingly, this Compensation Plan shall supercede the following provisions of the Memorandum of Understanding: Article VI - Wage Schedule Article VII - Shift Differential Article VIII - Wage Differentials Article IX E(c)4 - Meal Allowance Article XVIII - Longevity Pay Article XIX - Tool, Uniform, and Automobile Allowances Article XX - Insurance Article XXI - Pension Plan Contribution. Except as provided herein, the benefits and employment conditions for the employees classified by the City as 100 Series shall be governed by the Memorandum of Understanding. 4 . WAGE SCHEDULE: All full-time salaried employees shall be paid in accordance with the wage schedule set forth in Appendix "A" effective from July 1, 1990 to midnight June 30 , 1991 . Employees covered by this plan shall be eligible for a merit increase on their anniversary date in accordance with the salary schedule provided in Appendix "A" . All merit increases shall be conditioned upon the eligible employee ' s satisfactory performance of his or her job requirements . Further, the employees covered by this plan shall receive, during the term of this plan, a onetime incentive payment in the amount of 2% of the employee ' s base salary on a date determined by the Mayor. In order to be eligible for the onetime incentive payment, the employee must be a full-time salaried employee on the date the incentive payment is made. All full-time salaried employees shall be paid monthly salaries . Part-time and seasonal employees shall be paid on an hourly basis . No employee paid on an hourly basis shall receive in excess of the starting rate of pay for similar job duties under the wage structure for employees newly hired as a full-time salaried employee. 5 . SHIFT DIFFERENTIAL: In addition to the wage rates referred to under paragraph 4, the CITY shall pay an hourly premium of forty cents to employees who work a regularly scheduled swing shift or night shift (starting hours between 12:00 noon and 5:59 a.m. ) . Shift differential premiums shall be used in the computation of overtime pay; however, such premiums shall not be used to compute compensation for standby, callback, or any other premium pay or minimum hourly guarantee. 6 . WAGE DIFFERENTIALS : In addition to the wage rates referred to under paragraph 4, employees designated by the CITY as members of the Snow Fighter Corps, shall receive a pay differential equal to one hundred twenty-five dollars ($125 . 00 ) per month during the periods of November 15 through March 15 of each year. Such pay differential shall be for work related to snow removal and shall be separate from regular earnings on each employee' s wage statement. Employees who are qualified to operate snow removal equipment shall be assigned to the Snowfighter Corps by seniority on a volunteer basis . If the City does not have enough volunteers to staff a snowfighter crew, as determined by the supervisor or department head, employees shall be assigned on a seniority basis with the junior employees assigned first. -2- Provided however, that any employee otherwise qualified for the allowance, who is absent from normal scheduled work more than ten ( 10) working days in a month, shall be ineligible to receive the allowance for that month. Vacation and compensatory time shall not be considered as absent work days for purposes of determining eligibility for the allowance described in this paragraph. Eligible employees who have completed required training and testing for certification shall receive the following certification allowance: TABLE I Monthly Water Treatment Operators Distribution Workers Trainee Operator Sr.Operator Grade 1 -0- -0- -0- 2 $20 -0- -0- 3 $50 $30 -0- 4 $100 $80 $50 TABLE II Wastewater Works Operator Grade 1 -0- 2 20 3 50 4 100 6 . MEAL ALLOWANCE: An employee who, with supervisory approval, works two ( 2) or more additional hours to their regular duty shift shall be paid four dollars and fifty cents ($4 .50 ) as reimbursement for meals. Thereafter, employee(s ) shall receive four dollars and fifty cents ($4 . 50 ) for each additional consecutive four (4 ) hours of work. 7 . LONGEVITY PAY: In addition to the salaries herein provided, every employee who has completed six ( 6 ) consecutive full years of employment with the CITY, shall, after the seventh ( 7th) anniversary date, receive a monthly longevity benefit in the sum of fifty dollars ( $50 . 00 ) . -3- Every employee who has completed ten ( 10 ) consecutive years of employment with the CITY shall, after the eleventh ( 11th) anniversary date, receive a total monthly longevity benefit in the sum of seventy-five dollars ($75 . 00) . Every employee who has completed sixteen ( 16 ) consecutive years of employment with the CITY shall, after the seventeenth (17th) anniversary date, receive a total monthly longevity benefit of one hundred dollars ($100 . 00 ) . The computation of longevity pay shall be based on the most recent date employee became a full-time salaried employee with the City. 8 . TOOL, UNIFORM, AND AUTOMOBILE ALLOWANCES A. TOOL ALLOWANCE Employees meeting the following qualifications shall receive the sum of $40 . 00 per month as a tool allowance: 1 . Be required to use the personal tools on the CITY job, said requirement being listed in the job description for the position held by the employee. The CITY agrees to consult with the representatives from the certified employee organization on designation of such classifications or classification subdivisions for receipt of tool allowance. 2 . The replacement cost of the tools used must exceed $3, 000 . 00 . 3 . Actually use the tools on a daily basis and not just store them on the job site. 4 . The employee' s immediate supervisor certify to the Department of Human Resource Management and department head in charge of said department that the employee requesting the tool allowance meets the minimum requirements, said certification to be in writing and updated at least annually. The CITY shall not require employees to provide their own tools in excess of $3, 000. 00 without paying the tool allowance provided hereunder. The tool allowance shall not be paid unless such tools are required by the CITY. -4- The CITY shall provide, at its own expense, $3, 000 . 00 of property insurance for tools used by employees under the preceding provisions of this section, payable to the tool owner, subject to the deductible hereafter provided. Each employee shall maintain an inventory of such tools and shall provide copies of that inventory to the CITY by September 1 on a yearly basis . The deductible for each loss under such insurance coverage shall be $250 . 00 . B. UNIFORM ALLOWANCE Employees, when required to wear uniforms in the execution of their duties with the CITY shall have such uniforms furnished and maintained at the CITY'S expense as follows : 1 . Employees in the Public Works Department (other than welders, mechanics and parking enforcement personnel) shall maintain their uniforms at their own expense. 2 . Airport Operations Officers who are required to wear uniforms while in the execution of their duties shall receive the sum of $45 . 00 per month as a uniform allowance in lieu of any uniform expense to the CITY. 3 . The following employees, when required to wear uniforms in their duties with the CITY, shall receive the following monthly uniform allowances in lieu of any other uniform expense to the CITY: Parking Enforcement Personnel $40 . 00 Parking Meter Repair Personnel $40 . 00 Animal Control Officers $40 . 00 Watershed Patrol $40 . 00 4 . A joint committee consisting of representatives from the City and the certified employee organization shall meet quarterly to review and determine protective clothing and uniform needs . The composition of the committee shall reflect representation from all affected departments . C. AUTOMOBILE ALLOWANCES -5- Employees who are authorized to use and who do use privately owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate of 25 . 5 cents per mile for each mile actually traveled in official CITY business . Before payment is made to any employee, pursuant to the terms of this section, the use of the automobiles must be authorized by the employee' s supervisor and the mileage traveled must be verified by the head of the department involved. 9 . INSURANCE: 1 . The CITY shall make available life, accidental death and dismemberment, dental, and health insurance to all employees covered under this plan, upon the terms and conditions as may be from time to time determined by the CITY. 2 . The amount which the CITY shall contribute to the employees ' insurance during the term of this plan shall be as set forth in Appendix "B" attached. Payment shall be deducted biweekly consistent with the pay periods . 3 . The CITY shall continue to make available the same consulting service which shall provide limited consulting by an outside confidential firm for drug abuse, alcoholism, and marriage counseling . 10 . PENSION PLAN CONTRIBUTION: The CITY agrees to pay the employee' s share and employer' s share of the retirement contribution as mandated by state statute and as said statute is interpreted by the Utah State Retirement Board. FMN:cc -6- APPENDIX A OPERATIONS AND MAINTENANCE A B "C D 101 986 1040 1095 1147 102 1019 Y 1075 1132 1186 103 1052 1109 1168 1224 104 1086 1145 1206 1264 105 1121 1183 1245 1305 106 1157 1222 1285 1347 107 1191 1257 1323 1386 108 1233 1302 1370 1436 109 1274 1344 1415 1483 110 1316 1389 1463 1533 111 1359 1434 1509 1581 112 1403 1480 1558 1634 113 - 1447 1527 1608 1685 114 1496 1578 1661 1741 115 1544 1629 1715 1797 116 1594 1683 1772 1856 117 1646 1737 1828 1916 118 1700 1793 1888 1979 119 1757 1854 1952 2046 120 1813 1913 2014 2110 121 1869 - 1973 2078 2177 122 1930 2037 2144 2247 123 1994 2104 2216 2322 124 2058 2172 2287 2396 , 125 2126 2243 2362 2475 6-12-89 APPENDIX B GROUP INSURANCE PREMIUMS FOR FISCAL YEAR 1990 - 1991 Medical Dental City Employee City Employee Share Share Share Share P.E.H.P Traditional Single 41.51 17.45 15.65 1.98 Couple 85.55 36.04 -11.38 4.00 Family 114.20 47.98 14.88 5.23 P.E.H.P. Preferred Single 41.51 14.58 5.65 1.98 Couple 85.55 30.06 11.38 4.00 Family 114.20 40.13 14.88 5.23 Healthwise Single 43.13 15.16 4.90 1.72 Couple 87.86 30.87 9.81 3.45 Family 118.50 41.63 16.70 5.87 F.H.P. Single 38.23 13.43 6.66 2.34 Couple 84.02 29.52 11.78 4.14 Family 113.78 39.98 18.54 6.52 The following benefits will automatically be applied to employee ' s Medical/Dental coverage regardless of employee ' s choice of health insurance carrier at an additional cost . If employee elects not to have Medical/Dental coverage, employee may apply for the benefit package below separately. Employee City Share Share * Disability Income .47 1.36 * Basic Life for the employee .03 per $1000 .11 per $1000 * Basic Life for the employee's family .11 .30 * Accidental Death & Dismemberment .07 .22 COMPENSATION PLAN FOR 200 SERIES SALT LAKE CITY EMPLOYEES 1 . EFFECTIVE DATE: The provisions of this plan shall be effective, commencing July 1, 1990 except as it has been or may be amended from time to time by the City Council, by ordinance, or approval of a Memorandum of Understanding between the City and recognized employee bargaining organizations certified pursuant to the Third Amended Labor Bargaining Resolution passed by the City Council on April 10 , 1984 or any ordinance which is subsequently enacted to supersede the resolution. 2 . ELIGIBLE EMPLOYEES : This plan shall apply to all employees designated as 200 Series Salt Lake City Corporation employees, (hereinafter referred to as "Employee(s) " ) . 3 . MEMORANDUM OF UNDERSTANDING: The City entered into a Memorandum of Understanding with the American Federation of State, County and Municipal Employees Local 1004 on June 30, 1989 (hereinafter referred to as the "Memorandum of Understanding" ) . The Memorandum of Understanding provides a salary structure, benefits and employment conditions for employees classified as "200 Series" by the City. According to the Memorandum of Understanding, all provisions would be in effect from July 1, 1989 through June 30, 1991, except the following issues, which are in effect from July 1, 1989 through June 30, 1990 : Wages and salaries Pensions Insurances Snowfighter pay Allowance, incomes and reimbursements Accordingly, this Compensation Plan shall supersede the following provisions of the Memorandum of Understanding: Article VI - Wage Schedule Article VII - Wage/Shift Differential Article VII E. 3 - Meal Allowance Article XV - Longevity Pay Article XVI - Uniform Allowance Aritcle XVII - Automobile Allowance Article XIX - Insurance Article XX - Pension Plan Contribution. Except as provided in this plan, the benefits and employment conditions for the employees classified by the City as 200 Series shall be governed by the Memorandum of Understanding. 4 . WAGE SCHEDULE: All full-time salaried employees shall be paid in accordance with the wage schedule set forth in Appendix "A" effective from July 1, 1990 to midnight June 30 , 1991 . Employees covered by this plan shall be eligible for a merit increase on their anniversary date in accordance with the salary schedule provided in Appendix "A" . All merit increases shall be conditioned upon the eligible employee' s satisfactory performance of his or her job requirements . Further, the employees covered by this plan shall receive during the term of this plan, a onetime incentive payment in the amount of 2% of the employee' s base salary on a date determined by the Mayor. In order to be eligible for the onetime incentive payment, the employee must be a full- time salaried employee on the date the incentive payment is made. All full-time salaried employees shall be paid monthly salaries . Part-time and seasonal employees shall be paid on an hourly basis . No employee paid on an hourly basis shall receive in excess of the starting rate of pay for similar job duties under the wage structure for employees newly hired as a full-time salaried employee. 5 . WAGE/SHIFT DIFFERENTIAL: In addition to the wage rates referred to under paragraph 4 , the CITY shall pay an hourly premium of 40 cents to full-time salaried employees who work a regularly scheduled swing shift (starting hours between 12:00 Noon and 8 :59 p.m. ) and 40 cents to employees who work a regularly scheduled night shift (starting hours between 9 :00 p.m. and 5:59 a.m. ) , or the relief shift in the City Police Department (consisting of 2 night shifts, 2 swing shifts , and 1 day shift, all within an employee' s regularly scheduled work week) . Shift differential premiums shall be used in the computation of overtime pay; however, such premium shall not be used to compute compensation for any premium pay or minimum hourly guarantees . Employees shall be entitled to a continuation of shift differential pay for holiday or vacation periods in which they are absent. There shall be no shift differential pay allowed in conjunction with sick leave benefits . The aforementioned conditions shall apply to persons working both regular and ten ( 10 ) or twelve ( 12) hour shifts . -2- Provided however, that any employee otherwise qualified for the allowance, who is absent from normal scheduled work more than 80 hours in a month, shall be ineligible to receive the allowance for that month. Vacation and compensatory time shall not be considered as absent work days for purposes of determining eligibility for the allowance described in this paragraph. 6 . MEAL ALLOWANCE: An employee who, with supervisory approval, works two (2) or more additional hours to their regular duty shift shall be paid four dollars and fifty cents ($4 .50 ) as reimbursement for meals . Thereafter, employee(s ) shall receive four dollars and fifty cents ( $4 . 50 ) for each additional consecutive four (4 ) hours of work . 7 . LONGEVITY PAY: In addition to the salaries herein provided, every employee who has completed six ( 6 ) consecutive full years of employment with the CITY, shall, after the seventh ( 7 ) anniversary date, receive a monthly longevity benefit in the sum of fifty dollars ( $50 . 00) . Every employee who has completed ten ( 10) consecutive years of employment with the CITY shall, after the eleventh ( 11 ) anniversary date, receive a total monthly longevity benefit in the sum of seventy-five dollars ( $75 . 00 ) . Every employee who has completed sixteen ( 16 ) consecutive years of employment with the CITY shall, after the seventeenth ( 17 ) anniversary date, receive a total monthly longevity benefit of one hundred dollars ( $100. 00) . The computation of longevity shall be based on the most recent date the employee became a full time salaried employee . 8 . UNIFORM ALLOWANCE: Employees, when required to wear uniforms in the execution of their duties with the CITY shall have such uniforms furnished and maintained at the CITY' S expense as follows : 1 . Employees in the Public Works Department (other than welders, mechanics and parking enforcement personnel) shall maintain their uniforms at their own expense. 2 . The following employees, when required to wear uniforms in their duties with the CITY, shall receive the following monthly uniform allowances in lieu of any other uniform expense to the CITY: Parking Enforcement Personnel $40 . 00 -3- Parking Meter Repair Personnel $40 . 00 Animal Control Officers $40 . 00 Watershed Patrol $40 . 00 Police Clerical and Dispatch Personnel $40 . 00 Fire Department Clerical and Dispatch Personnel $40 . 00 4 . A joint committee consisting of representatives from the City and the certified employee organization shall meet quarterly to review and determine protective clothing and uniform needs . The composition of the committee shall reflect representation from all affected departments . 9 . AUTOMOBILE ALLOWANCES: Employees who are authorized to use and who do use privately owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate of 25 . 5 cents per mile actually traveled in official CITY business . Before payment is made to any officer or employee pursuant to the terms of this section, the use of the automobile must be authorized by the employee' s supervisor and the mileage traveled must be verified by the head of the department involved. The CITY shall provide for all persons who have not been assigned a parking place or are provided parking, a $12 . 00 a month parking allowance. This shall be paid in $6 . 00 amounts on two biweekly paychecks each month. 10 . INSURANCE: 1 . The CITY shall make available life, accidental death, dismemberment and health insurance to all employees covered under this plan, upon the terms and conditions as may be from time to time determined by the CITY. 2 . The amount which the CITY shall contribute to the employees ' insurance during the term of this plan is set forth in Exhibit "B" attached. Payment shall be deducted biweekly consistent with the pay periods . -4- 3 . The CITY shall continue to make available the same consulting service which shall provide limited consulting by an outside confidential firm for drug abuse, alcoholism, and marriage counseling. 11 . PENSION PLAN CONTRIBUTION: The CITY agrees to pay the employee' s share and employer' s share of the retirement contribution as mandated by state statute and as said statute is interpreted by the Utah State Retirement Board. FMN:cc -5- APPENDIX A CLERICAL AND TECHNICAL A B C D E F G H I J K L M N 0 P 201 736 755 774 793 813 833 854 876 897 920 942 966 991 1016 1040 1067 202 764 784 803 823 844 865 886 908 931 955 979 1003 1028 1054 1079 1107 203 793 813 833 854 876 897 920 942 966 991 1016 1040 1067 1093 1121 1148 204 824 845 866 888 909 932 956 980 1004 1029 1055 1082 1108 ;136 1164 1194 205 856 878 899 922 945 968 993 1018 1042 1069 1096 1123 1152 1180 1209 1240 206 889 912 934 957 982 1005 1031 1057 1083 1110 1138 1166 1196 1226 1256 1288 207 924 947 970 995 1020 1045 1071 1098 1126 1154 1182 1212 1242 1274 1305 1338 208 959 983 1007 1033 1059 1085 1112 1140 1168 1198 1228 1259 1290 1321 1354 1388 209 995 1020 1045 1071 1098 1126 1154 1182 1212 1242 1274 1305 1338 1372 1406 1441 210 1034 1060 1087 1113 1141 1170 1199 1229 1260 1292 1324 1357 1391 1426 1462 1498 211 1073 1100 1128 1156 1185 1214 1244 1276 1308 1340 1374 1408 1443 1479 1516 1556 212 1115 1143 1172 1201 1231 1262 1294 1326 1360 1394 1428 1464 1501 1538 1576 1616 213 1158 1187 1216 1246 1278 1310 1342 1376 1410 1446 1482 1519 1557 1595 1636 1677 214 1203 1233 1264 1296 1328 1361 1396 1430 1466 1503 1540 1579 1618 '1662 1709 1755 215 1249 1280 1312 1345 1379 1413 1449 1485 1522 1560 1600 1640 1680 1726 1774 1822 216 1298 1331 1364 1398 1433 1469 1505 1543 1581 1621 1661 1703 1746 1794 1844 1894 217 1348 1382 1416 1452 1488 1525 1564 1603 1643 1684 1726 1770 1813 1862 1914 1966 218 1400 1435 1471 1507 1545 1584 1623 1663 1706 1748 1792 1836 1883 1934 1988 2042 219 1453 1489 1526 1565 1604 1644 1685 1727 1771 1815 1860 1907 1955 2009 2064 2121 220 1510 1548 1586 1626 1667 1709 1751 1795 1840 1886 1933 1982 2031 2087 2144 2203 221 1568 1611 1655 1701 1747 1795 1845 1895 1948 2001 2056 2113 2171 2231 2292 2355 222 1627 1672 1718 1765 1814 1864 1915 1967 2022 2078 2134 2193 2254 2315 2379 2444 223 1691 1738 1786 1834 1885 1937 1990 2045 2101 2159 2219 2279 2342 2406 2473 2541 224 1756 1805 1854 1906 1957 2012 2066 2124 2182 2242 2303 2367 2432 2499 2568 2638 225 1824 1875 1926 1979 2033 2089 2147 2205 2266 2329 2393 2459 2526 2596 2667 2740 6-12-89 APPENDIX B GROUP INSURANCE PREMIUMS FtR FISCAL YEAR 1990 - 1991 Medical Dental City Employee City Employee Share Share Share Share P.E.H.P Traditional Single 41.51 17.45 15.65 1.98 Couple 85.55 36.04 • 11.38 4.00 Family 114.20 47.98 14.88 5.23 P.E.H.P. Preferred Single 41.51 14.58 5.65 1.98 Couple 85.55 30.06 11.38 4.00 Family 114.20 40.13 14.88 5.23 Healthwise Single 43.13 15.16 4.90 1.72 Couple 87.86 30.87 9.81 3.45 Family 118.50 41.63 16.70 5.87 F.H.P. Single 38.23 13.43 6.66 2.34 Couple 84.02 29.52 11.78 4.14 Family 113.78 39.98 18.54 6.52 The following benefits will automatically be applied to employee' s Medical/Dental coverage regardless of employee' s choice of health insurance carrier at an additional cost. If employee elects not to have Medical/Dental coverage, employee may apply for the benefit package below separately. Eloyee City Share Share * Disability Insane .47 1.36 * Basic Life for the employee .03 per $1000 .11 per $1000 * Basic Life for the employee's family .11 .30 * Accidental Death & Disnenberment .07 .22 KAREN SUZUKI-HASHIMOTO `►+ j r.lw aj�I VI `�' lV����e DIRECTOR PALMER DEPAULIS MAYOR FRANK FRASER DEPARTMENT OF HUMAN RESOURCES DEPUTY DIRECTOR AND PATRICIA CAMPBELL, c.c.P. ADMINISTRATIVE SERVICES COMPENSATION&BENEFITS MANAGER 451 SOUTH STATE STREET, ROOM 404 BRENDA R. HANCOCK TRAINING.EMPLOYMENT&COMPLIANCE SALT LAKE CITY, UTAH 84111 MANAGER TELEPHONE (801) 535-7900 8 June 1990 Alan Hardman , Chairperson Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Dear Chairperson Hardman: Please find the attached copy of the Compensation Plan for the 300 and Executive employees. In summary, these are the major changes: 1. Merit increase for employees , and; 2 . Funding of a 2% COLA. Thank you for your attention regarding this matter . If there are any questions , please advise. Sincerely, A/;<- Karen Suz i-Hashimoto Director KSH/k cc: Emilie Charles Frank Fraser Frank Nakamura COMPENSATION PLAN FOR SALT LAKE CITY CORPORATION EMPLOYEES I . EFFECTIVE DATE The provisions of this plan shall be effective, commencing July 1, 1989 1990 except as it has been or may be amended from time to time by the City Council , by ordinance, or upon approval of Memoranda of Understanding between the City and recognized employee bargaining units certified pursuant to the Third Amended Labor Bargaining Resolution passed by the City Council on April 10 , 1984 or any ordinance which is subsequently enacted to supersede the Resolution. II. ELIGIBLE EMPLOYEES Eligible employees may be appointed , classified, and advanced under rules and regulations promulgated by the Mayor , or the Civil Ser- vice Commission, if applicable, within budget limitations estab- lished by the City Council . All elected officers and employees shall be eligible for and subject to the City compensation plan with the following limiting provisions: A. Part-time, Seasonal , Contract and Hourly Employees Part-time, seasonal , and contract and hourly employees shall not be entitled to the employment benefits in this plan. B. Adult School Crossing Guards Adult school crossing guards shall be eligible only for the insurance benefits contained in the plan. C. Volunteer Personnel and Personnel Appointed to Serve Without Pay Volunteer personnel and personnel appointed to serve without pay shall not be covered by the provisions of this plan. D. Members of Boards and Commissions Members of boards and commissions shall be subject to appli- cable sections of state statutes and city ordinances. Unless otherwise stated provided by law, members of boards and commissions shall not be covered by the provisions of this plan. E. Employees covered under the Memoranda of Understanding Employees covered under the memoranda of understanding between the Salt Lake City and a recognized employee bargaining unit, shall be subject to the applicable terms of their memoranda . • Unless otherwise specifically stated , said employees shall not be covered by the provisions of this plan. Compensation Plan: Page 2 F. Employees Covered by Separate Ordinance Employees covered by separate City Ordinances which may include employees in recognized employee bargaining units who have not entered into any memoranda of understanding shall not be covered by the provisions of this plan. III . WAGES AND SALARIES A. Executive Employees Eligible executive employees shall be paid within ranges under the schedule attached hereto as Appendix A. B. Professional/Managerial and Administrative Employees Professional and, managerial and administrative employees not otherwise provided for in the compensation program of the City shall be paid monthly salaries as specified in the schedule attached hereto as Appendix "B" . During the term of this plan, employees shall be eligible for a merit increase on their anniversary date in accordance with the salary schedule provided in Appendix B. All merit increases shall be conditioned upon the eligible employee ' s satisfactory performance of his or her job requirements . C. Elected Officials The annual compensation of elected officials shall be as follows : Mayor $50 , 000 Council Members 10 , 000 D. Adult School Crossing Guards Adult school guards employed by the City to assist school. children in crossing streets shall receive compensation of $335 . 00 per mont o ffor rRelief—gu-a-rds $3 . 80 per hour until April 1 , 1991 when the rate will increase to $4 . 25 per hour . E . Forms of Compensation The foregoing shall not restrict the Mayor from distributing • appropriated monies to employees of the City in the form of retirement contributions ; making lump sum incentive payments to employees within per annum pay limitations; or classifying and advancing eligible employees under rules and regulations promulgated by the Mayor . Compensation Plan: Page 3 IV. SENIORITY , PAY PREMIUMS , DIFFERENTIALS AND ALLOWANCES For purposes of this compensation plan_, "seniority" shall be defined as an employee' s uninterrupted, regularly scheduled full time salaried employment with the City. An employee' s earned seniority shall not be lost because of absence due to illness, authorized leaves of absence, or temporary layoffs not to exceed two years . In addition to compensation provided under Section III , eligible employees of the City shall receive the following benefits: A. Longevity Pay 1. All City Executives and sworn Executive and Professional and Administrative employees in the Police and Fire depart- ments shall not be eligible for longevity benefits, unless authorized by order of the Mayor . The longevity benefits for these employees ha-a- have been previously included within base pay. 2 . All other eligible employees of the City who have completed six ( 6 ) consecutive full years of employment with the City , shall receive a monthly longevity benefit in the sum of $50 . 00 per month. Said benefit shall be $75 . 00 per month for employees who have completed ten (10) consecutive full years of employment with the City. Said benefit shall be $100 . 00 per month for employees who have completed sixteen ( 16 ) full years of employment with the City. The computa- tion of longevity pay shall be based on the most recent date the person became a full time salaried employee. B. Overtime Compensation Eligible employees who are authorized and required by their supervisors to perform City work on an overtime basis shall be compensated by pay or compensatory time off under rates and procedures established by administrative order . The decision to award pay or compensatory time off shall be at the absoltt-te discretion of the City subject to the limitations of the FLEA Fair Labor Standards Act. In no case shall overtime compensa- tion exceed the rate of 1-1/2 times an employee ' s regular hourly rate of pay. C. Certification Incentive Pay The Mayor may adopt programs to promote employee education and training , provided that all compensation incentives under such programs are authorized within appropriate budget limitations established by the City Council . Compensation Plan: Page 4 D. Other Allowances 1 . Business Expenses The Mayor shall adopt rules and regulations for the authorization of employee advancement or reimbursement for actual expenses reasonably incurred in the performance of City business . Advancement or reimbursement shall be approved only for expenses documented and authorized in advance within budget limitations established by the City Council . 2. Automobiles The Mayor may authorizer under City policy_, an eligible em- ployee to utilize a City vehicle on a take-home basis, and may , as a condition of receipt, require eligible employees to reimburse the City for a portion of the take-home ve- hicle cost. All other officers and employees who are authorized to use and who do use privately-owned automobiles for official City business shall be reimbursed for the operation ex- penses of said automobiles at a rate established by City policy . A car allowance may be paid to department heads and other eligible employees, as determined by the Mayor , at a rate not to exceed $300 per month. Such payment shall be in lieu of any mileage allowance. The City shall provide, within budget limitations, for all persons who have not been assigned a parking place or are not provided parking , a $12. 00 a month parking allowance. This shall be paid in $6 . 00 amounts on two biweekly paychecks each month. 3 . Uniform Allowances Eligible employees shall be provided the following monthly uniform allowances when required to wear uniforms in the execution of their duties: Field Supervisor ( Parking Enforcement) $40 . 00 Non-sworn police merit level employees $40 . 00 Swor me--J.ab and evidefe-c room-technicians $5-0-O0 Compensation Plan: Page 5 Uniform allowances are provided on the condition that eli- gible employees maintain their uniforms in reasonably good, clean, neat and pressed condition. Uniforms shall have proper identification and insignias and shall not be, frayed or unsightly. Uniforms shall be in full compliance with applicable department regulations. Failure to maintain apparel in accordance with the above shall be grounds for disciplinary action, including forfeiture of uniform allowances provided hereunder . Fire Department managerial and administrative employees of the combat division shall be provided uniforms pursuant to department policy number *122 . Uniform Allowance for Police managerial and administrative personnel, including sworn crime lab and evidence room technicians, is included in base pay. 4 . Call-Back , Stand-By and Meal Compensation Eligible employees shall receive call-back , stand- by and meal compensation pursuant to Salt Lake City Corporation Policy No. 4 . 01 . 800 . 5 . Snowfighter bonu3 Full time employees who received premium pay as �89 90 wino er 3eaoon us incentive payment in the a r before August 1 , 19-89---1990 for work performed during FY 1988 89 1989 90 . Thu-se-full-- lime e111ployeeb who Leuelved fluwfdighLer. pay for 1ebb than five (5) ruorlttie will be paid oil d pro-LaLed qualify fur this en*-bo-rt-u-s,empieyeeo must-be full time City e date the bonus ineent+ve V. LEAVES OF ABSENCE Eligible employees shall receive leaves of absence as provided in this section . The Mayor shall provide by order , rule and regula- tion, the specific terms and conditions upon which such leaves are to be made available to eligible employees . Compensation Plan: Page 6 A. Holidays The following days shall be recognized and observed as holidays for all eligible employees . All such employees shall receive their regular rate of pay for each of the following unworked holidays . Part-time and seasonal employees shall not be entitled to holiday benefits: 1 . The first day of January, called New Year ' s Day. 2 . The third Monday of January, the anniversary of the birth of Martin Luther King . 3 . The third Monday in February, observed as Presidents Day . 4 . The last Monday of May, called Memorial Day. 5 . The fourth day of July, called Independence Day. 6 . The twenty-fourth day of July, called Pioneer Day. 7. The first Monday in September , known as Labor Day. 8 . The second Monday of October , known as Columbus Day. 9 . The eleventh day of November , known as Veteran ' s Day. 10 . The fourth Thursday in November , known as Thanksgiving Day. 11. The twenty-fifth day of December , called Christmas. 12 . One personal holiday shall be taken upon request of the employee at the discretion of the supervisor . When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council. No employee shall receive in excess of one day of holiday pay for a single holiday. All employees must work or be on autho- rized leave their last scheduled working hours before and the next scheduled working day following the holiday to qualify for holiday pay . Compensation Plan: Page 7 Columbus Day may be celebrated within 45 days following the date of its actual occurrence as specified i-n this Section V.A above; provided, however , that an eligible employee may celebrate said Columbus Day on a day other than specified if a written request is approved in writing by the employee' s supervisor , who shall have the sole and absolute discretion to approve any such request. Provided however , in lieu of days off for the above holidays , combat Fire managerial and administrative employees shall be granted six (6 ) on duty 24-hour shifts off per year to be taken at such times as approved by the Fire Chief. B. Vacations Eligible employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this Article V. B. The election to accrue vacation pursuant either to the former vacation schedule (paragraph 4 ) or the vacation scheduled outlined in paragraph 3 is a one time election and cannot be changed by the employee at a later date. 1 . Except as provided in Article V. B. 2 herein, employees shall accrue vacation under the schedule in paragraph 3 of Article V. B; provided that no person shall be entitled to any vacation unless such person has successfully completed their initial probationary period. 2 . Employees who became full time salaried employees before June 30 , 1986 , and who have elected to continue using the former vacation schedule shall accrue vacation under the schedule in paragraph 4 of this Article V. B. 3 . Completed Years Days of Vacation Hours Accrued of Consecutive Per Year Per Biweekly City Service (Days means "8 hour" Pay Period days ) 0 to completion of 1 year 5 1. 54 Beg . of 2nd yr . to completion of 3rd yr . 10 3 . 08 4 to 6 12 3 . 69 7 to 9 15 4 . 62 10 to 12 18 5 . 54 13 to 15 20 6 . 15 16 to 19 22 6 . 77 20 or more 25 7. 69 Compensation Plan: Page 8 3 . For managerial and administrative employees in the combat division of the Fire Department , the following schedule shall apply: Completed Years Shifts of Consecutive per year City Service for combat Fire employees 0 to completion of 1 year 2 . 5 Beg . of 2nd yr . to completion of 3rd yr . 5 4 to 6 6 7 to 9 7 . 5 10 to 12 9 13 to 14 10 15 to 19 11 20 or more 12 4 . For employees electing the former vacation schedule, they shall earn a vacation period of 3 . 69 hours per biweekly pay period from the date of full-time salaried employment; (6 on- duty shifts per calendar year of employment for combat fire employees) ; provided further , that no person shall be entitled to any vacation unless such person has successfully completed their probationary period of full-time salaried employment with the City. Eligible employees who have completed nine ( 9) consecutive Full years of employment with the City shall earn a vacation equal to 5 . 23 hours per biweekly pay period; (8 . 5 on-duty shifts per calendar year of employment for combat fire employees) . Eligible employees who have completed fourteen ( 14) con- secutive years with the City shall earn a vacation equal to 6 . 77 hours per biweekly pay period; ( 11 on-duty shifts per full calendar year of employment for combat fire employees) . Combat fire employees shall accumulate vacation leave on an annual basis and shall be eligible to use such leave, commencing in the calendar year following accrual . Notwithstanding the above, Department Heads shall be eligible for twenty days vacation on January first of each of the first fourteen years of employment with the City and twenty-five days each January first thereafter . Compensation Plan: Page 9 Eligible employees may accumulate vacations , ( including both accrued vacation and sick-leave conversion Lime) , according to the length of their full-time, consecutive years of employment with the City up to the following maximum limits: After 6 months Up to 25 days After 9 years Up to 30 days After 14 years Up to 35 days Department Heads Up to 40 days "Days, " herein, mean "8 hour" days . Any vacation accrued beyond said maximums shall be deemed forfeited unless utilized prior to the end of the calendar year in which the maximum has been accrued. Every employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for : 1 . All earned vacation time accrued , unused , and unforfeited as of the date of termination; and 2. In cases of permanent separation the City will compensate employees for unused compensatory time off . However , the provisions of Article V. 4 . notwithstanding , no employee shall be entitled to any termination benefit or pay- ment for any vacation time which has not been vested, accrued , unforfeited and unused , and shall not be entitled to any payment or termination benefit: 1. If an employee has not completed six (6) months of full- time employment with the City; or 2. If the resigning employee fails to give at least ten ( 10) days prior written notice to the employee ' s department head of the contemplated resignation. The City may purchase up to, but not exceeding two ( 2) weeks of earned and accrued vacation time, to which an eligible employee is entitled. Subject to the Mayor ' s approval , the Director of the Department of Human Resource Management may establish by rules and regulations , the terms and conditions under which such purchases are to be permitted . Compensation Plan : Page 10 C. Sick Leave Sick leave shall be provided for eligible employees only, as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish rules and regulations far the correlation governing the interfacing of sick leave and worker ' s compensation benefits and avoiding, to the extent allowable by law, duplicative payments. Employees covered by this plan shall be entitled to fifteen (15) days ( 120 hours) sick leave ( 7. 5 on-duty shifts for eligible combat fire managerial and administrative employees) on January first of each calendar year or upon completion of their probationary period. The foregoing notwithstanding , no employee is entitled to sick leave until successfully completing the initial probationary period. Authorized and unused sick leave may be accumulated from year to year subject to limitations of this plan. Any eligible employee who has accumulated thirty ( 30) sick leave days ( 240 hours) , or 15 shifts for eligible combat fire managerial and administrative employees, may choose to convert a portion of the yearly sick leave grant from any given year to vacation under the following schedule: For Employees Working Eight Hour Shifts Number of Sick Number of Sick Leave Hours Used Leave Hours During Previous Eligible for Calendar Year Conversion 0 40 8 32 16 24 24 16 32 8 40 0 Compensation Plan: Page 11 For Employees Working Ten Hour Shifts Number of Sick Number of Sick Leave Hours Used Leave Hours During Previous Eligible for Calendar Year Conversion 0 40 10 32 20 24 30 16 40 8 50 0 For Employees Working Twelve Hour Shifts Number of Sick Number of Sick Leave Hours Used Leave Hours During Previous Eligible for Calendar Year Conversion 0 40 12 32 24 24 36 16 48 8 60 0 For Combat Fire Managerial and Administrative Employees: Number of Sick Number of Sick Leave Shifts Used Leave Shifts Available During Previous for Conversion Calendar Year No shifts 2-1/2 shifts 1 shift 2 shifts 2 shifts 1-1/2 shifts 3 shifts 1 shift 4 shifts 1/2 shift 5 or more shifts No shifts Compensation Plan: Page 12 Any election by an employee to convert any sick leave to vaca- tion time must he made by notifying the Department of Human Resource Management, in writing, on or before January 31 of each year ; otherwise, no conversion will be allowed for that calendar year and such conversion privilege shall be deemed waived for that calendar year . In no event shall sick-leave days be converted for other than the current year ' s sick-leave allocation. Any sick-leave days properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other days of vacation time to which the employee is entitled. Conversion days shall be construed as used prior to vacation days otherwise accrued by an employee. Authorized and unused sick leave may be accumulated from year to year . Employees who have accrued at least ten days (80 hours) sick leave may be allowed to use no more than sixteen hours of accrued sick leave per calendar year for their own doctor ' s and/or dentist ' s appointments . This leave must be taken in one hour time blocks and may only be used upon prior approval of the employee ' s supervisor . D. Hospitalization Leave In addition to the sick leave authorized hereunder , each eli- gible employee of the City shall be entitled to thirty ( 30) days hospitalization leave (except for combat managerial and administrative employees of the fire department who shall be entitled to 15 on-duty shifts off for hospitalization leave) each calendar year , provided that such leave may be taken only if , and during the period that , such employee is actually confined to a hospital , acute care facility or other free standing out patient surgical facility as adopted under rules and regulations prescribed by the Mayor . Hospital leave shall not accumulate from year to year . No employee of the City shall be entitled to receive hospitali- zation leave benefits for illness, injuries, or disability re- sulting from accidents arising out of or in the course of em- ployment for an employer other than the City. Compensation Plan: Page 13 Each employee who takes authorized sick leave or authorized hospitalization leave shall continue to receive their regular salary during absence from work for the periods set forth in Article V. D. The Mayor may establish rules and regulations which extend hospitalization leave to circumstances where an employee re- ceives medical treatment on an outpatient basis, in lieu of hospital confinement. E. Light Duty The department shall, if practical , allow an employee a light duty position while recovering from a temporary disability. F. Funeral Leave 1. Time off with pay will be granted to an eligible employee who suffers the loss of a wife, husband, child, mother , father , brother , sister , father-in-law, mother-in-law, grandfather , grandmother , grandchild , or stepchild. In the event of death in any of these instances, the employees will be paid their regular base pay for scheduled work time from time of death through the day of the funeral , not to exceed five (5) consecutive working days. Eligible employees will be permitted one additional day of funeral leave on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular work shift. Satisfactory proof of such death, together with the date thereof , the date and location of the funeral , and the date of burial, must be furnished by the employee to their supervisor . 2 . In the event of death of a brother-in-law, sister-in-law, uncle, aunt , niece, nephew or first cousin to the respective employee, relatives othc-r-th-a-n-those enume-r-a-t-e-d i7 . . . an eligible said employee will be paid for time off from scheduled working hours while attending the funeral services for such person, not to exceed eight hours . 3 . In the event of death of friends or other relatives not listed above, an eligible employee may be granted time off without pay while attending the funeral services for such persons , not to exceed four (4 ) hours, subject to the approval of their immediate supervisor . 4 . In the event the death of any member of the immediate fami- ly as set forth in Article V . F. 1 . occurs while an eligible employee is on vacation, their vacation will be extended by the amount of time authorized as funeral leave under said Article. Compensation Plan: Page 14 5 . The provisions of this article shall not be applicable to employees who are on leave of absence other than vacation leave. G. Military - Entry Into Service Eligible employees of the City who enlist or are called or in- ducted into and enter active service in the State militia or any branch of the Federal military , naval , air , or marine ser- vice shall be entitled to absent himself or herself without pay as required by State and Federal law. H. Military - Annual Encampment Managerial and administrative employees of the Police and Fire Departments who are or shall become members of the Organized Reserve of the United States Army, Navy, Air Force, Coast Guard and Marines or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of ten ( 10) consecutive working days per year spent on duty, at annual encampment in connection with the reserve training and instruction of the Army, Navy, Air Force and Marines of the United States . This leave shall be in addition to annual vacation leave with pay. All other eligible employees under this plan shall be allowed the difference in pay between their regular rate of pay and the base pay received while on duty at annual encampment for all time not in excess of ten (10 ) consecutive working days per year . I . Leave for Jury Duty Eligible employees shall be entitled to receive and retain statutory juror ' s fees paid for jury service in the District and Federal Courts whose jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee ' s salary shall be made for absence from work re- sulting from such jury service. On those days that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours from the City, he or she shall forthwith return to and carry on his or her regular City employment. Failure to so return to work shall result in the forfeiture of that day' s pay by such employee. J. Dependent Leave A Leave of absence may be requested by any employee covered by this Compensation Plan for the following reasons : Compensation Plan: Page 15 a . Becoming a parent through birth or adoption of a child or children. b . Due to the hospitalization of a dependent the employees' child , spouse, or parent. The following provisions apply to the use of dependent leave: a . Dependent leave may be granted leave with pay on a straight time basis for a period not to exceed five consecutive days from the date a dependent the employee ' s child commences residence with an employee or from the date of birth of the dependent the employee' s child or from the date the dependent employee' s spouse, child or parent becomes hospitalized; provided however , in case of a child, the child must be s a minor child and -i-s must be permanently placed with the employee. However , mMarriage to a spouse with a child or children shall not be grounds for leave granted under Article V. J. even if adoption is then or subsequently considered and no leave shall be permitted for a child in the custody of an employee' s spouse prior to the marriage of that spouse by the employee. b. The employee has accumulated and available unused sick leave. Under no circumstances shall the employee be entitled to use as dependent leave more than five consecutive working days in a calendar year . c . The employee gives notice to his or her supervisor as soon as possible under the circumstances. d . The employee provides, upon request of the supervisor , certification of birth or evidence of a child placement for adoption to his/ or her supervisor within five calendar days following termination of such leave. A letter may be requested from the treating physician in the event of hospitalization of dependent a child, spouse or parent within five calendar days following termination of dependent leave used for this purpose. e. An employee' s sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this section. Compensation Plan: Page 16 K. Injury Leave The City shall establish rules and procedures for administration of an injury leave program for managerial and administrative employees of the Police DepartmentL and Fire Department Combat-Division and employees of the Operations Division of the Salt Lake City Airport Authority who are required to carry firearms as part of their job em-plee-s under the following qualifications and restrictions: 1 . The disability must have resulted from a documented injury arising out of the discharge of official duties and/or while exercising some form of necessary job related activity as determined by the City ( i . e . , law enforcement, fire fighting , medical services , etc. ) .-; 2 . The employee must be unable to return to work due to the injury as verified by a licensed physician acceptable to the City; 3 . The leave benefit must not exceed the value of the employee ' s net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as worker ' s compensation, social security, long term disability , or retirement benefits, or any form of governmental relief whatsoever ; 4 . The aggregate value of benefits provided to employees under this injury leave program shall not exceed the total of $5 , 000 per employee; unless approved in writing by the Mayor for extraordinary reasons or circumstances; and 5 . The City ' s Risk Manager Management Section shall be principally responsible for the review of injury leave claims , provided that appeals from the decision of the Risk Manager Management Section may be reviewed by the Director of the Department of Human Resource Management who may make recommendations to the Mayor for final decision.- ; 6 . If an employee is eligible for worker ' s compensation as provided by law; and is not receiving injury leave pursuant to this provision , said employee may elect in writing to the Director of Human Resource Management to use accumulated sick leave and authorized vacation time to supplement the employee ' s worker ' s compensation not to exceed the employee ' s regular salary. L. Additional Leaves of Absence Additional leaves of absence may be granted an eligible em- ployee at the discretion of the department head. Compensation Plan: Page 17 VI . INSURANCE A. Group Insurance Eligible employees of the City may participate in the City' s group insurance plan in conformity with and under the terms of an insurance plan adopted by the Mayor covering such employees. Retired City employees , and other persons may also be permitted to participate in the plan under terms and conditions set forth by the Mayor . The Mayor shall cause the specific provisions of the group plan offered by the City to be detailed and made available to the employees. The City may deduct from each payroll all monies necessary to fund employee shares of insur- ance coverage and make all payments necessary to fund the plan within budget limitations established by the City Council . All employees eligible to participate in the group insurance plan shall be enrolled unless waivers are executed by employees desiring exemption, in the form and manner and at such times as the Mayor may direct. B . Worker ' s Compensation In addition to the foregoing , the Mayor may provide for worker ' s compensation coverage to the employees under applic- able provisions of state statute, and other service related disability plans compensating employees of the City who are permanently and totally disabled while in the discharge of their official duties as defined by the City' s Long Term Disability Programs. C. Disability Compensation Any eligible employee who is permanently and totally disabled as defined by the City' s long term disability program ( income protection plan) shall be entitled to disability compensation pursuant to said program. Employees in the Police Department will be covered by the Public Safety Long Term Disability Program. The City, at its own expense, shall have the right and opportunity to examine the person of any employee when and as often as may reasonably be required during employment with the City and during the pendency of a disability hereunder . No employee refusing such examination shall be eligible for the benefits provided by this paragraph. Refusal to submit to treatment for disabilities shall be grounds for termination of compensation specified hereunder . Compensation Plan: Page 18 When an injury for which compensation is payable under this paragraph shall be caused by the wrongful act or neglect of another employee of the City or person not in such employment , the City may require an employee claiming compensation here- under as a condition of receipt of such compensation, to assign to the City any action for damage against such third person such injured employee may have. VII . SEPARATION FROM SERVICE A. Social Security Adopted. Exception. The Salt Lalee City hereby adopts the provisions of the Federal Social Security system and applies and extends all of the benefits of the old age and survivor ' s insurance of the Social Security Act to eligible employees; provided , however , that officers and employees in the classified Civil Service of Salt Lake City in the Fire and Police Departments shall be exempted from such adoption, unless determined otherwise by the Mayor or unless required by State or Federal Law. B. Retirement Programs The City hereby adopts the Utah State Retirement Bear-d System for providing retirement pensions to eligible employees . The City may permit or require the participation of eligible employees in it 's retirement program(s) under terms and conditions established by the Mayor (see Appendix C) . Such programs may include: 1 . The Utah Public Safety Retirement System (Contributory and Non-Contributory) 2 . The Utah Fircm Firefighters Retirement System 3 . The Utah State Public Employees ' Retirement System (Contributory and Non-Contributory) 4 . Deferred Compensation Programs 5 . Retirement Incentive Programs The City may deduct from wages and salaries due eligible employees covered by this section, the payroll deductions determined by the Mayor to be necessary to fund employee contributions to such pro- grams . (See Appendix C. ) C. Sick Leave Pay at Retirement At retirementL an employee (or his or her estate, where death follows retirement but precedes payment) shall be eligible to receive a retirement benefit as stipulated in Salt Lake City Ordinance No . 6 of 1989 . Persons who retire under the eligibility requirements of the Utah State Retirement Systems and are not eligible under the above referenced Ordinance will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25 percent ( 25%) of the accumulated Compensation Plan: Page 19 sick leave days reserved for the benefit of said employee at the date of his or her. retirement. In lieu of the above, employees may elect to convert sick leave privilege to hospital and surgical coverage. 500 of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee ' s available dollar allowance determines the number of months of medical and surgical coverage which may be purchased. If insurance costs increase due to group experience, the number of months of coverage will decrease . Such sick leave retirement benefit shall also be available to executive level employees who have not retired from employment with the City when employment has been terminated by death or resignation (provided that in the case of death, benefits shall be payable to the employee ' s survivor) occurring after the date the employee has become eligible for full service retirement from the City. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. D. LAYOFFS Whenever it is necessary to reduce the number of employees per- forming an activity or function defined by the Mayor or his designee within a City department because of lack of work or lack of funds , the City shall minimize layoffs by readjustment of per- sonnel through reassignment of duty in other departments. 1 . Whenever layoffs are necessary, emergency, temporary, probationary and hourly employees performing essentially the same duties as the aforesaid work activity or functions being reduced shall be laid off first. Compensation Plan: Page 20 2 . Full-time salaried employees shall be the last to be laid off in inverse order of the length of service of employees in the same job classification performing the same job functions and duties . 3 . Full-time salaried employees designated for layoff or actually laid off shall move into a vacant equal or lower classified job position, wherever situated in the City, for which the employee is qualified. Vacant means the Department of Human Resource Management has received a request to fill a position. Equal or lower classified means that the maximum salary for the vacant position shall be less than or equal to the maximum salary for the position being laid off . Said employee, within the City department in which the layoff occurs , may also bump less senior , full-time salaried , temporary or probationary personnel ( in a job position and function previously and actually held by said laid off employee) for a position said employee is currently qualified and able to perform as determined by the Department of Human Resource Management. 4 . Employees who have been laid-off shall have rights for a one year period to placement in any vacant job which is at an equal or lower classification where they meet minimum qualifications . They shall not be subject to any further examination. Minimum qualifications on laid off job positions shall remain unchanged for the same one year period not restricting changes for bonafide business and operational purposes . 5 . Employees who have been laid off in accordance with the above shall have the right to pre-bid on positions in the 100 and 200 series for a period of two years. They may also bid with the same preference as City employees for 300 series positions for the same two year period. 6 . Eligible employees subject to layoff because of lack of work or lack of funds shall be eligible for reimbursement of 50% of their accumulated unused sick leave hours. 7 . Persons in appointed positions are not eligible for layoff benefits as they are considered at-will employees and serve at the pleasure of the Mayor . EXECUTIVE SALARY SCHEDULE APPENDIX A 001 City Attorney $4450 - $6674 Director - Airports $4450 - $6674 002 Chief of Police $4178 - $6267 Director - Public Utilities $4178 - $6267 Director - Public Works $4178 - $6267 Fire Chief $4178 - $6267 003 Chief of Staff $3914 - $5871 Finance Director $3914 - $5871 Director - Community & Economic Development $3914 - $5871 Executive Director - City Council $3914 - $5871 Director - Parks & Recreation $3914 - $5871 Director - Human Resource Management & Administrative Services $3914 - $5871 004 Deputy Director - Airport Engineering & Maintenance $3560 - $5340 Major - Police $3560 - $5340 Executive Director - Housing Authority $3560 - $5340 Superintendent - Waste Water $3560 - $5340 Deputy Fire Chief $3560 - $5340 Director - Redevelopment $3560 - $5340 Deputy Director - Airport Operations $3560 - $5340 Superintendent - Water $3560 - $5340 Deputy City Attorney $3560 - $5349 Planning & Zoning Division Manager $3560 - $5349 Management Information Systems Director $3540 - $5349 Deputy Director - Airport Finance & Administration $3540 - $5349 005 Building & Housing Division Manager $3424 - $4981 City Prosecutor $3424 - $4981 Chief Engineer - Public Utilities $3424 - $4981 City Engineer $3424 - $4981 Superintendent of Streets & Sanitation $3424 - $4981 006 Transportation Engineer $3115 - $4672 Executive Assistant to the Mayor $3115 - $4672 Executive Assistant - Policy Development $3115 - $4672 Deputy Director - Parks $3115 - $4672 Chief Finance & Accounting Officer $3115 - $4672 Financial Manager $3115 - $4672 City Treasurer $3115 - $4672 Capital Planning & Programming Director $3115 - $4672 Auditing & Reporting Manager $3115 - $4672 Fleet Services Manager $3115 - $4672 Deputy Director - Human Resources & Administrative Services $3115 - $4672 06-04-90 APPENDIX B MANAGERIAL AND PROFESSIONAL A B C D E F G H I J K L M N 0 P MIDPOINT 301 1347 1384 1422 1461 1501 1543 1585 1629 1673 1720 1767 1815 1865 1917 1969 2023 1685.00 302 1381 1419 1458 1498 1539 1582 1625 1670 1716 1763 1811 1861 1912 1965 2019 2075 1728.00 303 1416 1455 1495 1536 1578 1622 1666 1712 1759 1808 1857 1908 1961 2015 2070 2127 1771.50 304 1451 1491 1532 1574 1617 1662 1708 1754 1803 1852 1903 1956 2009 2065 2121 2180 1815.50 305 1487 1528 1570 1613 1657 1703 1750 1798 1847 1898 1950 2004 2059 2116 2174 2234 1860.50 306 1526 • 1568 1611 1655 1701 1748 1796 1845 1896 1948 2002 2057 2113 2171 2231 2292 1909.00 307 1564 1607 1651 1697 1743 1791 1840 1891 1943 1997 2051 2108 2166 2225 2287 2349 1956.50 308 1602 1646 1691 1738 1786 1835 1885 1937 1990 2045 2101 2159 2218 2279 2342 2407 2004.50 309 1642 1687 1734 1781 1830 1881 1932 1985 2040 2096 2154 2213 2274 2336 2401 2467 2054.50 310 1683 1729 1777 1826 1876 1928 1981 2035 2091 2148 2208 2268 2331 2395 2461 2528 2105.50 311 1742 1790 1839 1890 1942 1995 2050 2106 2164 2224 2285 2348 2412 2479 2547 2617 2179.50 312 1802 1852 1902 1955 2009 , 2064 2121 2179 2239 2300 2364 2429 2495 2564 2635 2707 2254.50 313 1867 1918 1971 2025 2081 2138 2197 2257 2320 2383 2449 2516 2585 2656 2730 2804 2335.50 314 1932 1985 2040 2096 2153 2213 2274 2336 2400 2466 2534 2604 2675 2749 2825 2902 2417.00 315 1999 2054 2110 2168 2228 2289 2352 2417 2484 2552 2622 2694 2768 2844 2923 3003 2501.00 316 2070 2127 2185 2246 2307 2371 2436 2503 2572 2642 2715 2790 2867 2945 3026 3110 2590.00 317 2142 2201 2261 2324 2388 2453 2521 2590 2661 2734 2810 2887 2966 2048 3132 3218 2680.00 318 2216 2277 2340 2404 2470 2538 2608 2679 2753 2829 2907 2987 3069 3153 3240 3329 2772.50 319 2316 2380 2445 2512 2581 2652 2725 , 2800 _ 2877 2956 3038 3121 3207 3295 3386 3479 2897.50 320 2420 2487 2555 2625 2697 2772 2848 2926 3007 '3089 3174 3261 3351 3443 3538 3635 3027.50 321 2530 2600 2671 2745 2820 2898 2977 3059 3143 3230 3318 3410 3504 3600 3699 3801 3165.50 322 2643 2716 2790 2867 2946 3027 3110 3196 3284 3374 3467 3562 3660 2761 3864 3970 3306.50 323 2762 2838 2916 2996 3079 3163 3250 3340 3431 3526 3623 3722 3825 3930 4038 4149 3455.50 324 2887 2966 3048 3132 3218 3306 3397 3491 .3587 3685 3787 3891 3998 4108 4221 4337 3612.00 325 3016 3099 3184 3272 3362 3454 3549 3647 3747 3850 3956 4065 4177 4291 4409 4531 3773.50 326 3152 3239 3328 3419 3513 3610 3709 3811 3916 4024 4134 4248 4365 4485 4608 4735 3942.50 _ 1 5/22/90 APPENDIX C RETIREMENT CC TICKS EMPLOYEE'S SERE TOTAL TOTAL GRAND PAID BY PAID BY EMPLOYEE EMPLOYER TOTAL RETIREMENT SYSTEM EMPLOYEE CITY oaa COUNT OONT Utah State Retirement System Contributory -0- 6.00% 6.00% - 2.25% 8.25% Utah State Retirement System Non-Contributory -0- 6.85% -0- 6.85% 6.85% Utah Public Safety Retirement System Contributory 4.34% 9.40% 13.74% 17.43% 31.17% Utah Public Safety Retirement System Contributory Officers 1.84% 11.90% 13.74% 17.43% 31.17% Utah Public Safety Retirement System Executives -0- 13.74% 13.74% 17.43% 31.17% Utah Public Safety Non-Cont- tributory Retirement System -0- 30.06% -0- 30.06% 30.06% Utah Firemen's Retirement System 2.00% 12.81% 14.81% 11.15% 25.96% Utah Firemen's Retirement System Officers & Executive -0- 14.81% 14.81% 11.15% 25.96% KAREN SUZUKI-HASHIMOTO r.�irt1 i)gu ay c an j DIRECTOR PALMER DEPAULIS FRANK ERASER DEPARTMENT OF HUMAN RESOURCES MAYOR DEPUTY DIRECTOR AND PATRICIA CAMPBELL, C_C.P_ ADMINISTRATIVE SERVICES COMPENSATION&BENEFITS MANAGER 451 SOUTH STATE STREET, ROOM 404 BRENDA R. HANCOCK TRAINING.EMPLOYMENT 8 COMPLIANCE SALT LAKE CITY, UTAH 84111 MANAGER TELEPHONE (801) 535-7900 8 June 1990 Alan Hardman , Chairperson Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Dear Chairperson Hardman: Please find the attached copy of the Compensation Plan for the 400 series employees . In summary, these are the major changes: 1. Merit increase to employees, and; 2. Funding of a 2% onetime incentive payment. Thank you for your attention regarding this matter . If there are any questions, please advise. Sincerely, Karen Suzu -Hashimoto Director KSH/k cc: Emilie Charles Frank Fraser Frank Nakamura COMPENSATION PLAN FOR 400 SERIES SALT LAKE CITY EMPLOYEES 1 . EFFECTIVE DATE: The provisions of this plan shall be effective under the terms hereof commencing July 1, 1990 and ending June 30, 1991, except as it has been or may be amended from time to time by the City Council of Salt Lake City by resolution, ordinance, or approval of a Memorandum of Understanding between Salt Lake City Corporation and the certified employee bargaining unit representing the 400 Series employees . 2 . EMPLOYEES COVERED: This plan shall apply to all employees designated as 400-series Salt Lake City Corporation employees, (hereinafter referred to as the "Employee( s ) " ) and the Salt Lake City Corporation' s (hereinafter referred to as the "City" ) , Fire Unit (hereinafter referred to as the "Unit" ) . 3 . WAGE SCHEDULE: Employees covered by this plan shall be paid biweekly, under the wage schedule attached hereto as Appendix "A" . During the term of this plan, employees shall be eligible for merit increases on their anniversary dates in accordance with the salary schedule provided in Appendix "A" . All merit increases shall be conditioned upon satisfactory performance by the employee of his or her job duties . Further, the employees covered by this plan shall receive a onetime incentive payment in the amount of 2% of the employee' s base salary, during the term of this plan, on a date determined by the Mayor. In order to be eligible for the one time incentive payment, the employee must be a full- time employee on the date the incentive payment is made. 4 . HOURS OF SERVICE AND OVERTIME: A. HOURS OF SERVICE In case of emergency or whenever the interest of public safety demands, an employee may be required to perform overtime work by the Chief of the Fire Department . Whenever possible, volunteers will be solicited. Forty hours a week shall constitute a normal work week for all employees, except employees assigned to the combat division. Employees regularly assigned to duty in the combat division shall perform their work during duty shifts, each consisting of 24 consecutive hours on duty at assigned employment location; however, employees off duty shall be subject to call at any time or in case of emergency. Therefore, the parties agree that for employees assigned to the combat division, a 56-hour work week shall constitute a normal work period. The work schedule established herein shall remain unchanged unless , as determined by the Chief, business necessity or scheduling requires a change. B. EXCHANGE OF TIME Firefighters may exchange shifts in accordance with provisions outlined in the Fair Labor Standards Act and when the change does not interfere with the operations of the Fire Department, subject to permission from the firefighter' s supervisor or a district officer. C. OVERTIME COMPENSATION ( 1 ) Employees shall be paid overtime compensation as required by the Fair Labor Standards Act . An employee must receive prior approval of his or her supervisor before the employee performs overtime work. An employee shall not be compensated for unauthorized overtime work. ( 2) An employee required to perform authorized overtime work shall be compensated by pay at one and one-half times the applicable rate. The employee may request compensatory time in lieu of cash, subject to approval of the Fire Chief . Provided, however, employees who are assigned a forty (40) hour work week, may not accrue more than 240 hours of compensatory time for hours worked after April 15 , 1986 . Employees who are regularly assigned to the combat division may not accrue more than 480 hours of compensatory time for hours worked after April 15, 1986 . Any such employee who, after April 15, 1986 , has accrued 480 or 240 hours, as the case may be, of compensatory time off, shall, for additional overtime hours of work, be paid overtime compensation. When time off from employment is allowed as compensation for overtime, such time off shall be granted within twelve (12) months from the performance of overtime work. No employee shall be compensated for any period of overtime worked less than one-half hour in duration; however, compensation for the first one- half hour worked shall be paid employees working -2- overtime in excess of one-half hour on a single work occasion. Compensation for overtime periods in excess of one-half hour shall be computed on the basis of the total number of consecutive 15- minute periods worked by the employee on a particular duty occasion. D. CALLBACK Combat firefighters and arson investigators who are directed to report to work during their scheduled off- duty time, because of an emergency or whenever the interest of public safety demands, by an appropriate department officer, without advance notice of scheduling, shall be compensated, including overtime if applicable, with a minimum of four (4 ) hours for firefighters and two ( 2 ) hours for arson investigators , for such occasion as they actually report for duty. Firefighters and arson investigators will be paid the callback at an hourly rate based upon a 40 hour work week for the time actually worked. E. EMERGENCY ASSIGNMENTS Firefighters may be temporarily assigned to perform the duties of the next higher in-rank position as defined by the Civil Service Commission, provided such assignment shall not be for a period longer than thirty ( 30 ) 24 hour shifts per fiscal year, and shall not carry an increase in salary. Upon expiration of such temporary assignment, the firefighter shall be restored to the position occupied at the time such temporary assignment was made. If combat firefighters work out of classification for more than ( 30 ) 24-hour shifts in a fiscal year and the classification is at a higher pay rate than the pay rate for the combat firefighters' existing position, they will be paid a differential equal to 1% of their base monthly salary for each 24-hour shift worked in excess of ( 30 ) 24-hour shifts in the temporary assignment. 5 . HOLIDAYS: A. HOLIDAYS SPECIFIED. The following days shall be recognized and observed as holidays for all full-time, employees . Full time employees of the Combat Division of the Fire Department, in lieu of days off for the following -3- enumerated holidays, shall be granted six ( 6 ) on-duty shifts ( 144 ) hours off per year to be taken at such time as approved by the Fire Chief . All employees who are not assigned to the combat division shall receive 8 hours of their regular rate of pay for each of the following unworked holidays : ( 1 ) The first day of January, called New Year' s Day; (2 ) The third Monday of January observed as the anniversary of the birth of Dr. Martin Luther King, Jr. also known as Human Rights Day; (3 ) The third Monday of February, observed as Presidents Day; (4 ) The last Monday of May, called Memorial Day; ( 5 ) The fourth day of July, called Independence Day; (6 ) The twenty-fourth day of July, called Pioneer Day; (7 ) The first Monday in September, known as Labor Day; ( 8) The second Monday of October, known as Columbus Day; (9 ) The eleventh day of November, known as Veterans ' Day; ( 10) The fourth Thursday in November, known as Thanksgiving Day; and ( 11 ) The twenty-fifth day of December, called Christmas . ( 12 ) One personal holiday can be taken upon request of the employee at the discretion of the department head. Employees are eligible for this holiday only after satisfactorily completing their initial probationary period. B. ALTERNATIVE AND ADDITIONAL HOLIDAYS When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor, or the City Council. -4- C . HOLIDAY PAY LIMITATION All employees must work their last scheduled working day following the holiday to qualify for holiday pay or be on authorized leave. Employees terminating the day before or after a holiday shall not be compensated hereunder. 6 . VACATIONS: A. VACATIONS AUTHORIZED Full-time employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this paragraph. B. VACATION SCHEDULE Completed Years Days of Vacation Shifts of of Consecutive Per Year Vacation City Service Per Year as of 12/31/90 0 5 2 . 5 1 to 3 10 5 4 to 6 12 6 7 to 9 15 7 . 5 10 to 12 18 9 13 to 14 20 10 15 to 19 22 11 20 or more 25 12 . 5 C. RULES FOR TAKING VACATION ( 1 ) Vacation periods may be divided into two or more separate periods as are deemed necessary by the Fire Chief or as requested by the employee and approved by the Fire Chief . ( 2) Upon permission of the Fire Chief, employees may accumulate vacation (including both earned vacation and sick leave conversion time) , according to the length of their full-time consecutive years of employment with the CITY up to the following maximum limits: (a) After 6 months - up to 20 days (10 shifts ) ; -5- (b) After 9 years - up to 25 days ( 12-1/2 shifts ) ; (c) After 14 years - up to 30 days ( 15 shifts) . Any vacation earned or accrued beyond said maximum shall be deemed forfeited; provided, however, that the foregoing notwithstanding, for good cause shown, the Fire Chief, in writing and prior to a forfeiture date, may allow an employee to accumulate vacation time up to an additional maximum five ( 5 ) day ( 2-1/2 shift) period to be used within one year from the date permission for such extension was granted. ( 3 ) Accumulated vacation can only be used with permission of the Fire Chief or upon termination of employment with the CITY. ( 4 ) Except upon termination or purchase as provided in this plan, no employee shall be entitled to be paid for vacation earned but not taken. D. VACATION AND TERMINATION BENEFITS UPON TERMINATION ( 1 ) Every employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for: (a) All earned vacation time accrued, unused, unforfeited and forwarded from previous years, plus; (b) A termination benefit consisting of all vacation accrued, unforfeited and unused for the year of employment during which the termination shall occur. For purposes of calculating this vacation benefit on termination, an employee' s accrued vacation shall be converted from a 56 hour work week to a 40 hour work week basis . ( 2) However, the foregoing notwithstanding, no employee shall be entitled to any termination benefit or payment for any vacation time which has not been vested, accrued, unforfeited and unused and shall not be entitled to any payment or termination benefit until an employee has completed at least six ( 6 ) months of full-time employment with the CITY. -6- E. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE ( 1 ) The CITY may purchase up to, but not exceed, ten (10) days (5 shifts) of earned and accrued vacation time, to which an employee is entitled as authorized in this paragraph, with the consent of said employee and upon approval of both the Fire Chief and the Mayor. 7 . SICK LEAVE AND HOSPITALIZATION BENEFITS: A. SICK LEAVE POLICY AND PROCEDURES ( 1 ) Sick leave shall be provided for all full-time employees only as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. ( 2) Each full-time, employee shall be entitled to 15 days each calendar year, except members of the Combat Division who shall be entitled to 7 . 5 on- duty shifts of sick leave each calendar year. Sick leave will be granted in a lump sum ( 15 days or 7 .5 on-duty shifts) during the first month of each calendar year. Sick leave will be granted on this basis if, for the prior year, the UNIT' s average sick leave does not exceed the CITY' s average sick leave. If the UNIT' s average sick leave exceeds the CITY' s average sick leave, then sick leave will be granted on a month-to-month basis . Employees who separate from the CITY for any reason prior to the end of the 12th month of the calendar year will have sick leave for the period prorated back to the CITY on a one-day or 1/2 on duty shift basis per month. January 15 . 00 days 7 . 5 shifts February 13 . 75 days 6 . 88 shifts March 12 . 50 days 6 . 25 shifts April 11 . 25 days 5 . 63 shifts May 10 . 00 days 5 . 0 shifts June 8 . 75 days 4 . 38 shifts July 7 .50 days 3 . 75 shifts August 6 . 25 days 3 . 13 shifts September 5 . 00 days 2 .50 shifts October 3. 75 days 1 . 88 shifts November 2 .50 days 1 . 25 shift December 1 . 25 days .63 shift -7- ( 4 ) No employee shall be entitled to the foregoing sick leave, until such person has completed at least six ( 6 ) months of continuous employment with the CITY. ( 5 ) Employees absent from work on account of illness or injury shall report intended absence to their department head or supervisor as soon as practical, but no later than 1 hour prior to the beginning of the employee' s duty shift unless justified by emergency circumstances . Combat Division personnel shall notify their station officer of any such intended absence. All other employees shall notify their immediate supervisor or Battalion Chief . ( 6 ) The City may require written certification from a health department nurse at no cost to the employee or a licensed practicing and attending physician, that during the period of leave the absent officer or employee was prevented by illness from discharging the duties required by his or her office or position of employment. Such certification shall be on a form approved by the Fire Chief which may require a detailed and specific verification by the physician and the employee of the particular job duties which the employee is unable to perform. B. ACCUMULATION OF SICK LEAVE Authorized unused sick leave may be accumulated from year to year. C. OVERTIME COMPENSATION Scheduled work days for which an employee is absent due to illness and on sick leave as provided for hereunder, shall not be construed as normal work days for the purposes of computing such employees ' overtime compensation. D. SICK LEAVE CONVERSION TO VACATION TIME Any employee of the Combat Division who has accumulated fifteen ( 15 ) shifts under the provisions of this plan, may choose to convert a portion of the yearly sick leave granted for any given year to vacation and any employee, other than an employee of the Combat Division, who has accumulated to his or her credit thirty ( 30) sick leave days can convert according to the following provisions: -8- Number of Sick Leave Days Number of Sick Leave Days or Shifts Used During or Shifts Available for Previous Calendar Year Conversion 0 hours (No shifts ) 60 hours ( 2-1/2 shifts ) 24 hours ( 1 shift) 48 hours ( 2 shifts ) 48 hours ( 2 shifts ) 36 hours ( 1-1/2 shifts ) 72 hours ( 3 shift) 24 hours ( 1 shift) 96 hours (4 shifts ) 12 hours ( 1/2 shift) 120 hours or more (5 or more shifts ) 0 hours (No shifts ) No days 5 days 1 day 4 days 2 days 3 days 3 days 2 days 4 days 1 day 5 or more days No days Such converted sick leave shall be permitted as vacation in addition to any other vacation award to which said employee is entitled. E. SICK LEAVE CREDIT FORWARD The balance of the sick leave not converted to vacation as permitted above, less the number used during that calendar year as sick leave shall be carried forward as accumulated sick leave. F. NOTIFICATION OF ELECTION The election of an employee to convert any sick leave to vacation time must be made in writing on the forms provided by the Fire Department. This shall be completed no later than the end of the annual vacation draw. If an employee' s eligibility for sick leave conversion changes due to the use of sick leave after they convert, but before the end of the year, the amount of conversion allowed for the coming year will be corrected. G. PRESUMPTION OF USE Any sick leave properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other vacation time to which the employee is entitled; provided, however, that in no event shall an -9- employee be paid for converted sick leave upon termination. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee. H. RETIREMENT BENEFITS In addition to the sick leave conversion to vacation days privilege above described, at retirement, an employee (or his or her estate, where death follows retirement but precedes payment) shall be eligible to a retirement benefit as stipulated in Salt Lake City Ordinance No. 6 of 1989 and Special Orders approved by the Mayor. Employees who retire under the eligibility requirements of the Utah State Retirement System and are not eligible under the above referenced ordinance shall be paid in cash, at their then current pay scale, a sum equal to their daily rate of pay for 25% of the accumulated sick leave days reserved for the benefit of said employee at the date of their retirement or 45 days ( 22 . 5 shifts) of full pay (whichever is less ) . In calculating this retirement benefit, accrued sick leave shall be converted from a 56 hour work week to a 40 hour work week. I . HOSPITALIZATION In addition to the sick leave authorized hereunder, each full-time, employee shall be entitled to fifteen ( 15 ) on-duty shifts except for 40 hours work week employees who shall be entitled to thirty ( 30) days hospitalization leave each calendar year, provided that such leave may be taken only if , and during the period that, such employee is actually admitted to a hospital or using other free standing outpatient surgical facility. No accumulation of hospital leave shall be allowed. J. AUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS An employee shall be entitled to receive sick leave or hospitalization leave benefits for illness , injuries , or disability resulting from accidents arising out of or in the course of employment for an employer other than the CITY; provided, however, that as a condition of granting such leave, the CITY may require that it be subrogated to the employee' s rights of recovery against any person or organization associated with such injury. The CITY shall have the exclusive right to decide whether to require subrogation and/or seek recovery; provided, however, that full recovery by and -10- reimbursement to the CITY of all its expenses associated with the employee' s injury, including medical and leave costs, shall have the effect of revesting with the employee all sick leave and hospitalization leave entitlements exhausted as the result of such injury. K. REGULAR SALARY TO BE CONTINUED Each employee who takes authorized sick leave or authorized hospitalization leave shall continue to receive his or her regular salary during his or her absence from work for the periods set forth in this paragraph. L. ON-DUTY SHIFTS FOR COMBAT DIVISION PERSONNEL DEFINED For computation purpose of this paragraph, the term "on-duty shift" for employees of the combat division shall mean a 24 hour working day; benefits will be provided at the rate of 24 hours for each shift provided, i .e. 15 days of sick leave equals 7 .5 scheduled working (24 hour) shifts . Unit employees who work a 40 hour work week, 15 days of sick leave equals fifteen, eight ( 8 ) hour scheduled work shifts . It is not the intent of this plan to increase sick leave or vacation benefits as a result of the conversion to 24 hour work shifts . The conversion was made to reflect combat division work schedules . M. DISABILITY COMPENSATION ( 1 ) Any full-time salaried employee who is permanently and totally disabled as defined by the City' s long term disability program (income protection plan) shall be entitled to disability compensation pursuant to said program. ( 2 ) The CITY at its own expense shall have the right and opportunity to examine the person of any employee when and as often as it may reasonably require during employment with the CITY and during the pendency of a disability hereunder. No employee refusing such examination shall be eligible for the benefits provided by this paragraph. -11- ( 3 ) Refusal to submit to treatment for disabilities shall be grounds for termination of compensation specified hereunder. ( 4 ) When any injury for which compensation is payable under this paragraph shall be caused by the wrongful act or neglect of another employee of the CITY or person not in such employment, the CITY may require an employee claiming compensation hereunder as a condition of receipt of such compensation, to assign to the CITY any action for damages against such third person the injured employee may have. ( 5 ) If an employee of the CITY becomes entitled to receive worker' s compensation as a result of suffering a CITY service-connected injury or illness of a type not compensated under the foregoing provisions of this section, such employees shall be paid worker' s compensation as provided by law; provided, however, that he or she may elect to use, during such disability, his or her accumulated sick leave credit and vacation time, such part of his or her wage or salary as shall, when added to his or her worker' s compensation payments, equal his or her regular wage or salary; and provided further, that satisfactory evidence of such election shall be transmitted by said employee to the Department of Human Resource Management of the CITY prior to payment . N. INJURY LEAVE The CITY shall establish rules and procedures for administration of an injury leave program (supplemental to regular sick leave benefits ) for employees, under the following qualifications and restrictions : ( 1 ) The disability must have resulted from a documented incident and injury while actively involved in performing emergency services including firefighting, medical services and mandated departmental training and exercising some form of necessary firefighting authority or departmental authorized training. ( 2 ) The employee must be unable to return to work due to the injury as verified by a licensed physician acceptable to the CITY. A second opinion may be obtained by either the City or the employee at a cost to be borne by the requesting party; -12- ( 3 ) The leave benefit must not exceed the value of the employee' s net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as worker' s compensation, social security, disability, or retirement benefits, or any form of governmental relief whatsoever; ( 4 ) The aggregate value of benefits provided to all claimants under this injury leave program shall not exceed the total of $5,000 . 00, unless approved in writing by the Mayor under extraordinary circumstances; and (5 ) The CITY' S Risk Management section shall be principally responsible for the review of injury leave claims, provided that appeals from the decision of the Risk Management section may be received by the Director of Human Resources Management who will make recommendations to the Mayor for final decision. If an employee is eligible for worker' s compensation as provided by law; and is not receiving injury leave pursuant to this paragraph, said employee may elect in writing to the CITY' S Human Resource Director to use accumulated sick leave and authorized vacation time to supplement the employee' s worker' s compensation not to exceed the employee' s regular salary. ( 6 ) Provided, however, that if the injured employee is released for light duty by the physician described in paragraph 7 .N( 2 ) herein and the City offers the employee a light duty position, the employee must take the light duty position and will no longer qualify for injury leave. 8 . LEAVES OF ABSENCE: Full-time, employees shall be eligible for leaves of absence under the following circumstances: A. FUNERAL LEAVE ( 1) Time off with pay will be granted a full-time employee who suffers the loss of a wife, husband, child, stepchild, mother, father, stepmother, stepfather, brother, sister, father-in-law, mother-in-law, grandchild, grandfather or grandmother. In the event of death in any of these instances, employees will be paid their -13- regular base pay for scheduled work time from the time of death through the day of the funeral; however, no such leave shall be permitted to extend more than five ( 5 ) consecutive calendar days after the date of death. Employees will be permitted one additional day ( 1/2 shift) of funeral leave, on the day following the funeral, if the funeral or burial is held more than 150 miles distance from Salt Lake City and if the day following the funeral or burial is a normal working day. Satisfactory proof of such death, together with the date thereof and the date and location of the funeral and burial , must be furnished by the employees to the Fire Chief . ( 2 ) In the event of death of a brother-in-law, sister- in-law, uncle, aunt, niece, nephew or first cousin to the respective employee, said employee will be paid for time off from scheduled working hours while attending the funeral services for such person, not to exceed twelve ( 12) hours or one- half shift for combat employees . ( 3 ) In the event of death of friends , or relatives not listed above, an employee may be granted time off without pay while attending the funeral services for such persons, not to exceed four (4 ) hours subject to the approval of his or her immediate supervisor. ( 4 ) Time off hereunder shall not be included as time worked in the computation of overtime pay. (5 ) In the event the death of any member of the immediate family, as set forth in paragraph ( 1 ) herein occurs while an employee is on vacation, his or her vacation will be extended by the amount of time authorized as funeral leave. ( 6 ) The provisions of this paragraph shall not be applicable to employees who are on leave of absence. B. LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE Every employee who enlists in time of national emergency or is called or inducted into and enters active service in the state militia or any branch of the federal military, naval, air or marine service shall be entitled to be absent without pay from duties -14- and service with the CITY while engaged in the performance of active military or naval duties and while going to and returning from such duties as required by state and federal law. C. LEAVE WHILE ON ANNUAL ENCAMPMENT All employees who are or shall become members of the organized reserves of the United States Army, Navy, Air Force and Marines or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of fifteen consecutive calendar days (7 . 5 on duty shifts ) per year spent on duty at annual encampment in connection with the reserve training and instruction requirements of the Army, Navy, Air Force and Marines of the United States . This leave shall be in addition to annual vacation leave. D. LEAVE FOR JURY DUTY All full-time employees shall be entitled to receive and retain statutory juror' s fees paid for jury service in the District and Federal Courts whose jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee' s salary shall be made for absence from work resulting from such jury service. On those days that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours for the CITY, he or she shall forthwith return to and carry on his or her regular CITY employment. Failure to so return to work shall result in disciplinary action and forfeiture of that day' s pay for such employee. E. DEPENDENT LEAVE A leave of absence may be requested by any employee covered by this plan for the following reasons : ( 1 ) Becoming a parent through birth or adoption of a child or children. ( 2 ) Due to the hospitalization of the employee' s dependent child, spouse or parent. The following provisions apply to the use of dependent leave: ( 1 ) Dependent leave may be granted one time with pay during a calendar year, on a straight-time basis -15- for a period not to exceed two and one-half consecutive shifts for combat employees or five consecutive days for 40 hour work week employees , from the date the employee' s child commences residence with an employee or from the date of birth of the employee' s child or from the date the employee' s child, spouse or parent becomes hospitalized, provided however, in case of a child, the minor child must be permanently placed with an employee. Marriage to a spouse with a child or children shall not be grounds for leave granted under this paragraph even if adoption is then or subsequently considered and no leave shall be permitted for a child in the custody of an employee' s spouse prior to the marriage of that spouse by the employee. ( 2 ) The employee has available unused sick leave. Under no circumstances shall the employee be entitled to use as dependent leave more than two and one-half shifts or five consecutive days for 40 hour work week employees . ( 3 ) The employee gives notice to his or her supervisor as soon as possible under the circumstances . ( 4 ) The employee provides, upon request by a supervisor, certification of birth or evidence of a child placement for adoption to his or her supervisor within five (5) calendar days following termination of such leave. A letter may be requested from the treating physician in the event of hospitalization of a dependent child, spouse or parent within five (5 ) calendar days following termination of dependent leave used for this purpose. (5 ) An employee' s sick leave shall be reduced by the number of days/shifts taken by an employee as dependent leave. F. ADDITIONAL LEAVES OF ABSENCE Employees shall be eligible for additional leaves of absence, without compensation for health problems or other reasonable purposes, at the approval of the Fire Chief in compliance with Civil Service Rules and Regulations, if applicable. Any employee who requests such leave shall be subject to the following limitations: -16- ( 1 ) The leave request shall be for not less than 90 calendar days . ( 2 ) The employee' s seniority shall be reduced by the same number of days that such leave was in effect . ( 3 ) Upon return from such leave the employee shall be reinstated after successful completion of a physical and performance review as stipulated by the Chief . 9 . ADDITIONAL ALLOWANCES: A. EDUCATIONAL INCENTIVE PAY Full-time, salaried employees who have completed all required basic training courses and probationary periods, shall be entitled to the following monthly allowances according to the educational degree held by such employees : Doctorate $100 . 00 per month Masters 75 . 00 per month Bachelors 50 . 00 per month Associate 25 . 00 per month An employee shall be eligible for incentive pay here- under following submission of his or her diploma evidencing completion of degree requirements at a fully accredited college or university to the Fire Chief . The foregoing notwithstanding, no employee shall be entitled to compensation for an educational degree which qualifies the employee for his or her position of employment; or for any degree which is not specifically related to the employee' s actual employment duties as determined by the Mayor upon recommendation of the Fire Chief . B. UNIFORM ALLOWANCE The City shall provide all employees uniforms pursuant to departmental policy 122 . C. AUTOMOBILE ALLOWANCES Employees who are authorized to use and who do use privately owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate set by City policy, but no less than 25. 5 cents/mile. -17- Before payment is made to any employee pursuant to the terms of this paragraph, the use of the automobile must be authorized by the employee' s supervisor and the mileage traveled must be verified by the head of the department involved. Verification and reimbursement shall be on forms and in the manner provided in administrative procedures, as prescribed by the City Finance Director. 10 . INSURANCE: A. The CITY will make available life, accidental death and dismemberment, health, dental insurance and long term disability (income protection plan) to all employees , upon the terms and conditions as may be from time to time determined by the CITY. B. The amount which the CITY will contribute to the employees ' insurance is as set forth in Appendix "B" , attached hereto . Employee' s contribution will be deducted and apportioned per pay period. C. The CITY will make available a consulting service which will provide counseling for drug abuse, alcoholism, and marriage counseling, comparable to what is currently provided. 11 . PENSION PLAN CONTRIBUTION: The CITY and the employees shall each pay the following respective shares of monthly retirement contributions required to be paid to the Utah State Retirement Fund. City Contribution 23 . 96% Employee Contribution 2 . 0% 12 . SUPPLEMENTAL PROGRAMS: The CITY will make available a Section 457 (IRS Code) Deferred Compensation Plan and where possible other Deferred Compensation plans consistent with State and Federal laws . 13 . MISCELLANEOUS POLICIES AND PROCEDURES: The CITY agrees to continue to furnish no-cost annual physical examinations and off-street parking at assigned work sites and to provide monthly sleeping linen exchange, and washing linens as necessary for all employees covered by this plan. FMN:cc -18- APPENDIX A Completed Years Pay Class of Service Salary 415-A 0 $1452 415-B 1 $1862 415-C 2 $1913 415-D 3 $1965 415-E 4 $2132 415-F 5 $2251 415-G 6 $2313 415-H 7 $2313 415-I 8 $2313 415-J 9 $2376 415-K 10 $2442 415-L 11 $2442 415-M 12 $2442 415-N 13 $2509 415-0 14 $2681 405-A $1416 405-B $1455 405-C $1495 405-D $1536 405-E $1578 405-F $1622 405-G $1666 405-H $1712 405-I $1759 405-J $1808 405-K $1857 405-L $1908 405-M $1961 405-N $2015 405-0 $2070 405-P $2127 410-A $1658 410-B $1704 410-C $1750 410-D $1799 410-E $1848 410-F $1899 410-G $1951 410-H $2005 410-I $2060 410-J $2117 410-K $2175 410-L $2235 410-M $2295 410-N $2359 410-0 $2414 410-P $2491 ANNIVERSARY MERIT INCREASES: Each employee will advance to the next step on the anniversary of hire date. PARAMEDICS: Effective July 1, 1990, an employee assigned and certified to perform as a Paramedic will be paid in addition to the regular salary of a Fire Fighter, the following incentive pay: Initial certification with Salt Lake City Fire Department $250. 00 First re-certification with Salt Lake City Fire Department $300. 00 Second re-certification with Salt Lake City Fire Department $350. 00 An employee certified but not assigned as a Paramedic or the Paramedic Coordinator will receive one-third of the above incentive pay. June 8, 1990 Councilmembers: The union representative for AFSCME requested that you be given the attached information. It is the audit referred to by Gordon Ottley, the President and Business Representative , who spoke at citizen comments on Tuesday, June 5. Cindy it AFSCME `4'N r roE� dr�►11/��� t e�p 868 South McClelland Street • Salt Lake City, Utah 84102 `e oto`�r 1-801-532-1009 1-800-346-5651 GORDON OTTLEY PrasidanU Buslnaas AapraaantaUn June 7, 1990 TO: All Salt Lake City Chapter Members Below is an analysis of an audit which was recently completed on Salt Lake City by Local 1004 and the International. This is the first audit we have completed in Salt Lake City in quite some time. Documents used for this report include the audit for fiscal year (FY) 1989, the budgets for FYs 1989 and 1990, the statement of operations for the period of July 1- March 31, and the Mayor' s recommended budget for FY 1991 . The analysis indicates that the City is, in fact, not in a financial strain. Also, we will highlight some questionable revenue and expenditure items. Examination of the General Fund According to the FY 1989 audit, revenues and expenditures (including transfers ) totalled $80, 246, 749 and $78, 861 , 938, respectively, for the fiscal year. As a result, the City ended the year with a $1, 384, 811 surplus, which was added to the fund balance. At the close of the fiscal year, the City maintained an unreserved general fund balance of $3, 032, 243 . This represented 3 . 7% of operating expenditures. In general, 3-5% is considered one sign of a healthy jurisdiction. In addition, the City reserved $872, 245 for encumbrances. According to the audit, revenues were budgeted at $80, 325, 010 and expenditures were budgeted at ' $80, 749, 250, which would have resulted in a shortfall of $424, 240. Thus, the City finished FY 1989 in a much stronger position than it had originally projected. In FY 1990, the City authorized a revised balanced budget totalling $83, 027, 560. This reflects increases of 3. 5% and 5. 3% over actual FY 1989 revenues and expenditures, respectively. The City consistently transfers large sums of money from the general fund to other funds. In 1989, the City transferred a total of $7, 813, 083 to various special revenue and enterprise funds . In FY 1990, the figure was increased to $7, 876, 615. These transfers can be used to weaken the general fund. It is especially troublesome if these transfers are going to enterprise funds such as the refuse collection and fleet management funds. These funds are created to be self-sufficient, relying on user fees. If they are not self-sufficient, the funds ' rate structures should be reexamined. ®lifER4,10 THE UNION FOR PUBLIC EMPLOYEES In FY 1991, the Mayor recommended a balanced budget equalling $86, 195, 625. This represents an increase of 4. 3% from the current year. Other Funds It is worth noting that the City finished FY 1989 with retained earnings in all the enterprise funds totalling $214, 377, 668. Total expenditures for FY 1989 were $66, 253, 407. Since enterprise funds are supported by user fees, it appears unlikely that the City would need to maintain such substantial balances. We may wish to investigate whether any of these monies could be freed for other general fund purposes. Questionable_Revenue Items The most significant revenue question hinges on whether franchise taxes in FY 1990 will be reduced as the City is now claiming. The recommended FY 1991 budget indicates that the City was projecting revenues to equal $83, 202, 046. This figure is slightly ahead of original budget forecasts. The City forecast that two 1990 revenue categories (Interest and Charges for Services ) were budgeted to decrease from actual 1989 totals . In addition, the City budgeted decreases in the Fines and Forfeitures and Parking Meter Collection items from FY 1990 to FY 1991 . The amount and proportion of these decreases are shown in Table I. Questionable Expenditure Items After 9 months, general fund expenditures, including transfers, were $62, 380, 895 . This represents $80, 535, 988 on an annualized basis. This figure is under budget by $2, 491, 572 or 3 . 0%. Expenditures are annualized to provide a broad estimate about year-end expenditures . This calculation is used despite the fact that expenditures are not spent in equal streams throughout the year. Table II shows which departments and categories are under budget after the first nine months of the fiscal year. The City consistently includes a moderate sized contingency item in its budget. In FY 1990, the contingency was $240, 431. In FY 1989, although $527, 900 was budgeted for this category, no . money was spent. In FY 1991, the City budgeted $242, 500 for this item. Contingencies are often used to pad the budget and protect the City against unforeseen circumstances such as the alleged drop in franchise taxes . For FY 1991 , the City budgeted significant amounts for the following items: 3 • Travel/Training $ 246, 774 Professional/Contract Services 1, 740, 282 Support of Salt Lake City Arts Council 119, 800 Including the contingency items, these questionable items total $2, 349, 356, which represents 2. 7% of the total general fund budget. These expenditures provide for what appear to be non— essential items. It is difficult for management to justify these items if the City is citing fiscal hardship for the imminent year. To support the extensive contracting out of services, the City is implementing a centralized contracting system. In FY 1991, the City will fully staff the system and it appears that a portion, if not all, of the funding for this system will come form the general fund. Jurisdictions often claim that contracting out is a cost saving measure; however, that is not always the case. If the City institutes a centralized system, it is possible that Salt Lake City' s efforts to contract out will escalate . Again, according to the available financial documentation, it appears that the City is in a good financial position. The City has forecast that revenues will slightly exceed projections and it appears possible that expenditures will be under budget. The City has not budgeted for fiscal austerity and there appears to be some flexibility in the budget, particularly in terms of the massive retained earnings in the enterprise funds and questionable budgeted revenue decreases. As previously stated, this analysis did not take into account any news of lower franchise taxes . Please contact our office in the event you have any further questions . In 1solidarity, AFSCME ;LOCAL '1004 orlon Ottley, President and Business Representative GO/pc cc: SLC Negotiating Team & Stewards Table I Questionable Revenue Decreases Actual Projected Budget FY 1989 FY 1990 FY 1991 Amount Percent Interest 3 , 000, 049 2 , 878 , 877 121, 172 4 . 0% Charge for Service 2 , 225, 327 1, 950, 634 274 , 693 12 . 3% Fines & Forfeitures 3 , 180, 381 3 , 097, 340 83 , 041 2 . 6% Parking Meter Coll 1, 280, 374 1, 223 , 000 57, 374 4 . 5% SOURCE: FY 1991 Mayor's Recommended Budget Salt Lake City Expenditures Under Budget Category 9 Month Act Annualized Budget Amount Percent FINANCE Personal Services 1, 607, 517 2, 143 , 356 2 , 191, 682 48 , 326 2 . 2% Operating and Maint 126,417 168 , 556 177 , 193 8 , 637 4 . 9% Charges and Services 1, 322 , 325 1, 763 , 100 1, 826, 213 63 , 113 3 . 5% POLICE Personal Services 11, 953 , 478 15, 937 , 971 16, 005, 856 67 , 885 0. 4% Capital Outlay 68, 187 90, 916 100, 363 9, 447 9. 4% PUBLIC WORKS Operating & Maint 1, 248, 728 1, 664 , 971 1,975, 098 310, 127 15. 7% Charges & Services 2, 919, 477 3 , 892, 636 3 , 922 ,978 30, 342 0. 8% Capital Outlay 61, 969 82 , 625 103 ,750 21, 125 20.4% PARKS Personal Services 2 , 338 , 370 3 , 117 , 827 3 , 267 , 281 149 , 454 4 . 6% Operating & Maint 385,769 514 , 359 674 , 387 160, 028 23 . 7% Charges & Services 1, 250, 649 1, 667 , 532 1, 712 , 670 45, 138 2 . 6% Capital Outlay 23 , 784 31, 712 70, 648 38 , 936 55. 1% COMMUNITY & ECONOMIC Personal Services 2 , 107, 496 2 , 809 , 995 2 , 822 , 001 12 , 006 0. 4% Operating & Maint 66, 688 88, 917 97 , 288 8 , 371 8 . 6% Charges & Services 374 , 151 498 , 868 544 , 555 45, 687 8 . 4% Capital Outlay 22 , 301 29, 735 34 , 741 5, 006 14 . 4% HUMAN RES MGMT & ADM SERV Personal Services 1, 317, 551 1, 756, 735 1, 847 , 128 90, 393 4 . 9% Operating & Maint 236, 304 315, 072 322 , 785 7 , 713 2 :4% Charges & Services 1, 173 , 226 1, 564 , 301 1, 748, 533 184 , 232 10. 5% Capital Outlay 9, 026 12 , 035 30, 440 18 , 405 60. 5% MAYOR _ Personal Services 492, 819 657 , 092 694 , 817 37 , 725 5.4% Operating & Maint 14 , 091 18, 788 25, 262 6, 474 25. 6% Charges & Services 108, 175 144 , 233 172 , 371 28 , 138 16 . 3% NONDEPARTMENTAL . Charges & Services 2 , 237, 051 2 , 982 , 735 3 , 670, 264 687 , 529 18 . 7% TvI'3' Debt Service 12 , 681 16, 908 30, 000 13 , 092 43 . 6% FIRE Personal Services 11, 403 , 228 15, 204 , 304 15, 467 , 518 263 , 214 1. 7% Capital Outlay 83 , 997 111, 996 285, 284 173 , 288 60. 7% ATTORNEY Personal Services 552 , 393 736, 524 781, 311 44 ,787 5 . 7% Operating & Maint 19 , 779 26 , 372 32 , 350 5, 978 18 . 5% Charges & Services 220, 349 293 ,799 389 , 914 96, 115 24 . 7% Capital Outlay 4 , 708 6, 277 25, 638 19, 361 75. 5% CITY COUNCIL Personal Services 218, 606 291, 475 304 , 039 12 , 564 4 . 1% Operating & Maint 16, 183 21, 577 29 , 600 8, 023 27 . 1% Charges & Services 145, 657 194 , 209 233 , 225 39 , 016 16. 7% SOURCE: Salt Lake City Corp. Statement of Operations for the 9 Months Ended March 31, 1990 11 MIKE ZUHL SALT,'LAKE'i4 CITY' CORPORA TION± LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council June 1, 1990 Re: Housing Policy Recommendation: That the City Council hold a public hearing on•-Jttl 10; / 1990 at 6:20 p.m. to discuss Salt Lake City's Housing Policy. Availability of Funds: Not applicable Discussion and Background: The purpose of the Salt Lake City Housing Policy is to serve as an up-to-date, comprehensive plan to address city wide housing issues and to coordinate the efforts of agencies involved in housing programs. The Policy has been reviewed and approved by the Housing Advisory and Appeals Board, the Planning Commission, the Community Development Advisory Committee and by the Salt Lake Association of Community Councils. Legislative Action: The City Attorney's Office has prepared and approved the necessary. resolution and is ready for your action. mitteed by: ii. ,/ 4 // / B. ZUE . 17:24C7C_ interim Directdr- Community & Economic Development RESOLUTION No. of 1990 (Endorsing the Salt Lake City Housing Policy) WHEREAS, Salt Lake City believes it important to have a comprehensive housing policy to assist in the revitalization of neighborhoods and enhance the vitality of the City; and WHEREAS, the City, with input from interested parties has developed such a housing policy; and WHEREAS, the City Council of Salt Lake City believes it appropriate to endorse the goals and direction of the housing policy. NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah, that it does hereby: 1 . Endorse the Salt Lake City Housing Policy as a goal and direction for Salt Lake City and instructs the City Recorder to keep a copy of the Housing Policy available for public review. Passed by the City Council of Salt Lake City this day of , 1990 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: 1 CITY RECORDER BRB:cc ROGER R. EVANS SALT'FAKE'GUY CORPORATION' I HARVEY F. BOYD DIRECTOR ! y` ASSISTANT DIRECTOR DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Building and Housing Services 451 SOUTH STATE STREET, ROOM 406 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-6436 May 17, 1990 Mr. Mike Zuhl, Interim Director Department of Conununity and Economic Development 451 South State, Room 218 Salt Lake City, Utah 84111 Dear Mr. Zuhl: RR: Salt Lake City Housing Policy Attached is a copy of the Salt Lake City Housing Policy. There are two sections, the full document and a separate Executive Summary. It was approved by the Housing Advisory and Appeals Board on February 28, 1990, and by the Planning Commission on March 15, 1990. After your review, please transmit it to the City Council to initiate their approval process. Sincerely yours, Roger Evans, Director Building and Housing Services Enclosure: Salt Lake City Housing Policy (16 copies) __ (Ls DFir» ,T.: -- - k •,?:::. ii la SALT LAKE CITY ORDINANCE No . of 1990 (Amending Section 2 . 52 . 118 of the Salt Lake City Code relating to the Compensation Plan adopted-- 200 Series employees ) AN ORDINANCE AMENDING SECTION 2 . 52 . 118 OF THE SALT LAKE CITY CODE ADOPTING THE COMPENSATION PLAN FOR 200 SERIES EMPLOYEES EFFECTIVE COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. The purpose of this Ordinance is to adopt a Compensation Plan for 200 Series employees of Salt Lake City effective July 1, 1990 and ending June 30, 1991 . SECTION 2. Section 2.52 . 118 of the Salt Lake City Code be, and is hereby amended as follows: 2.52.118. Compensation plan adopted--200 Series employees. A. The compensation plan for Salt Lake City Corporation 200 Series employees dated July 1, [1980] 1990, is [hereby] adopted as the official compensation plan for [such] said employees . Three copies of [the] said plan, or any amendment thereto, shall be maintained in the city recorder' s office for public inspection. The provisions of [the] said plan shall be effective under the terms thereof, commencing July 1, [1980] 1990 and ending June 30, [ 1909 ] 1991, except as they may be amended by the city council la resolution or ordinance, or upon approval of a memorandum of understanding between the city and the recognized employee bargaining unit prior to June 30, 1990 . B. The plan [herein] adopted in this section, and any amendment or modification thereto, shall not apply to employees whose employment terminated prior to the effective date of the ordinance codified in this section, or to the adoption of any amendment or modification to the plan. SECTION 3 . This Ordinance shall be deemed effective on July 1, 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR -2- ATTEST: CITY RECORDER FMN:cc -3- June 12, 1990 Councilmembers: The memo I have provided to you on the budget options does not include information on the $110,000 "sweetener" money in the budget. The overall motion which lists each department changes the budgets to allow for just the merit and the onetime bonus / Cost of Living Allowance (COLA) , and does not allow for the "sweeteners." The motion puts the "sweetener" money in contingency. The motions for labor ordinances on the agenda tonight are written so that the ordinances could be amended to be superseded by a signed labor agreement, providing that agreement is signed by June 30, 1990. If the Mayor thinks he could get a contract signed for the $110,000, he may come back to the Council between now and June 30 to request that he be allowed to offer the $110,000. Adopting the overall motion, and not allocating the $110,000 tonight, preserves your options. Cindy 4 3a(41P) 4e • /I 1 O �. °> g D t„..j )4t , � A o fir•... A//7 .3 ,3' 3 7, '2 l -74 • z/-o-t.-• e C 2 deS/, a . /24-4-0 ;1-11--LP ---ni-e-46 et- --714--,0 Ci4 4-",-1010Let-e-060 4 3� 36P, 32 Capital Improvement Plan Scenario Number 4: I move we put $227,500 in the Capital Improvement Program to partially fund a pool at Liberty park. • ..Y.-.' !' I MN ( MIMI0117E1) 7,Flii.:1:1' ii . ? -e---... ..... , z 4 , 0 ! . : z '3; 1 4.• . (.) _. . ,.., . „..., , .... ..... ,, t...t., . . (I)• : I - Ei , s , ._ , ,.. ''' ' v- -, , r• . . . .5.1 n,• .,•,_ 1 . • I ' jz,,,e, _. 0 I 1=-1 iil 8 t,ty, ij .5 EEZ--i0 . . . ACKNOWLEDGMENTS Mayor Housing Advisory and Appeals Planning Commission Board Palmer DePaulis LaVone Liddle-Gamonal,Chair Jody Williams,Chair Ralph Becker City Council WilliamBohling LynnBeckstead Roger Borgenicht Dan Bethel District 1: Ronald J.Whitehead Lois Brown Cindy Cromer District 2: L.Wayne Horrocks Maj-Greth Holmberg Thomas A.Ellison District 3: Nancy K.Pace Afton Kyriopoulos Richard J.Howa District 4: Alan G.Hardman Edward Lunt Ralph P.Neilson District 5: Tom Godfrey Ron Rowley George Nicolatus District 6: Roselyn N.Kirk Kathy Sheaffer Vicki Palacios District 7: Don C.Hale Karen Wikstrom John M.Schumann Approved Approved Approved Date: Date: February 28,1990 Date: March 15,1990 Participating Staff Reviewed by: Contributions by: Project Dir.,Housing Planner. . Laura Landikusic Participants in the Housing Conference R\UDAT Housing Subcommittee Assistant Director Harvey Boyd of January 25, 1989 Community Development Advisory Committee Salt Lake Association of Community Councils SALT LAKE CITY HOUSING POLICY Table of Contents 13. Residential Demolition Policy 39 I. Policy Statement 14. Crime Prevention Through Environmental Design(CPTED) and Codes 40 A. Introduction 1 CHAPTER 4: INFORMATION, MARKETING,AND COORDINATION B. Policy Statement 1is. Market Analysis 42 16. Housing Condition Survey 43 II. Issues, Goals, and Actions 17. Coordination,Monitoring,and Public Relations 45 18. Marketing Salt Lake City and Its Neighborhoods 47 , A. Introduction 3 19. User Defined Area Program 49 • B. Housing Program Implementers 4 CHAPTER 5: NEIGHBORHOOD REVITALIZATION 20. Neighborhood Amenities and Services 50 C. Issues, Goals, and Actions Chart 5 21. Target Area Revitalization 51 22. Community Development Corporations(CDCs) 53 23. Neighborhood\Ethnic Fairs and Arts and Entertainment III. Programs Activities 54 A. Introduction 16 CHAPTER 6: FINANCING HOME REPAIR AND OWNERSHIP 24. Mortgage Counseling 55 B. Housing Policy Programs: Summary 17 25. Leveragmg and Increasing Funds 56 CHAPTER 1: HOUSING REPAIR AND OWNERSHIP CHAPTER 7: LEGAL AND COURTS 26. Fit Premises Ordinance 57 1. New Housing(Construction and Move-On) 21 27. Housing Court 58 2. Grants for Homebuyers(Targeted Neighborhoods) 23 3. Homeowner Rehabilitation Program 24 CHAPTER 8: SPECIFIC PROJECTS 4. Emergency Home Repair 2528a. Block 49,Plat A 59 6. Urban 5. At-Riskba Apartment Rehabilitation 27 Apartment Program 26 28b. Tax Increment Financing for Housing 59 7. Adaptive Re-Use of Existing Buildings 28 28c, Urban Homesteading 60 CHAPTER 2: PLANNING AND ZONING IV. Appendices 8. Update Zoning Ordinance 29 9. Historic Neighborhood Preservation 30 A. Definitions 61 i0. Adoption and Implementation of Master Plans 32 CHAPTER 3: CODES AND INSPECTION PROGRAMS B. Funding Sources and Procedures 62 ii. Residential Code Development and Inspection Standardization 36 12. Rental Inspection 38 A. Introduction housing recommendations in the I. Maintaining the City's Population R/UDAT report, and discussion in The purpose of the Salt Lake City Housing Policy neighborhood meetings. Salt Lake City is continuing to lose is to serve as an up-to-date, comprehensive plan population. This in turn erodes the tax to address citywide housing issues and to coor- Salt Lake City, with its comprehensive base and depletes neighborhoods of dinate the efforts of agencies involved in housing housing policy, is embarking on a cam- people needed to sustain commercial, programs. The policy covers the full range of paign to pull all the elements together to government, and social services. A housing issues,including new construction,hous- assist in the revitalization of neighbor- priority of the policy is to reduce the ing preservation, and regulatory and housing en- forcement activities. It identifies all major hoods and enhance the vitality of the city. vacancy rate and arrest the population housing issues,presents a number of programs to Emphasis is on coordinating activities of decline. The City must increase the ap- address these issues,identifies the agency or agen- government, business, and the com- peal and affordability of its housing to cies that should implement the programs,and lists munity to use scarce resources in solving families and persons from every funding sources. housing problems. economic station. It must particularly in- The City's housing policy was developed from the crease home ownership and attract mid- results of the Mayor's Housing Conference held Salt Lake City's comprehensive housing dle income families. on January 25,1989. The staff compiled the issues policy calls for carrying out a number of and goals,and developed actions to implement the action steps to be implemented through II. Housing as Shelter goals, which were reviewed by the Housing Ad- existing and proposed housing programs. visory and Appeals Board(HAAB). The revised The thrust of the programs falls into areas The City must preserve, enhance, and Issues, Goals, and Actions served as the basis for the Housing Policy statement below, and the I-IV below. These programs implement expand its housing stock. Housing in the development of proposed programs for carrying all of the individual actions adopted by city must meet the needs of a population out the policies and action proposals. These were HAAB, except these: 1) for a two-year which varies in family size, age, and in- reviewed by the proposed program implementers, period, rehabilitation of seriously sub- come levels. It should meet the needs of HAAB, the Planning Commission, the Com- standard housingshould be priorityof special groups, including minorities, munity Development Advisory Committee a single heads of households, homeless (CDAC), and by Salt Lake Association of Com- the City's housing rehabilitation pro- g munity Councils(SLACC). gram, and 2) regarding the Housing persons needing transition into per- Authority, assisted housing should be manent housing, and the disabled. B. Policy Statement dispersed throughout all neighborhoods With its support of the Emergency Shel- and self-sufficiency is a priority for ter and Resource Center, Salt Lake has Housing is key to the prosperity of Salt recipients of assisted housing, demonstrated a strong commitment to Lake City. The importance of housing helping the homeless. The City will con- was demonstrated by the intense interest - tinue this commitment. in the Housing Conference, inclusion of 1 It is vital that the entire housing stock be Salt Lake City Tomorrow program. A V. Coordination safe, decent, and habitable. This in- citywide priority is reducing the vacancy dudes the older buildings, which are a rate and rehabilitating dilapidated build- The increase of housing problems in Salt valuable source of affordable housing. ings, which have a blighting effect on Lake City—at the same time that federal Since making new housing construction neighborhoods. Since neighborhoods government funds have been drastically affordable is more difficult than have differing needs, the policy calls for reduced — mandates that all housing rehabilitating existing dwellings, the targeting programs to specific neighbor- programs be closely coordinated. This policy places particular emphasis on hoods. housing policy encompasses the activities preserving existing housing. of many City agencies, of private or- IV. Economic Development ganizations, and of community groups. III. Neighborhoods Solutions to problems require strategic Businesses contemplating locating in Salt planning, forging partnerships, and solv- Housing is the major land use in the city Lake City consider whether quality hous- ing problems to accomplish interrelated and the basic building block of neighbor- ing is available for workers and their goals. Housing activities must integrate hoods. In addition to housing, vital families. At the same time commercial the work of various groups, often be neighborhoods require a variety of firms require sufficient demand to sup- focused on target areas, and effectively amenities and commercial and govern- port their goods and services. Strong respond to critical needs. ment services such as adequate streets, innercity neighborhoods will enhance parks, lighting, bus service, and retail retail and restaurant and entertainment In the development of the City's housing shopping. activity in the downtown. policy, representatives of government, the community, and the private sector Existing government incentives must be Residents, business owners, and City have repeatedly stressed the need for a utilized — and new ones developed — to government must aggressively market housing policy that coordinates our ef- provide the impetus in generating private the city as a clean,comfortable,safe place forts to preserve housing, construct new investment in housing. With owner and to live. Marketing activities should in- dwellings, re-use underutilized and community commitment, confidence dude promoting the unique qualities of vacant buildings,and revitalize neighbor- grows in the neighborhood as a safe, neighborhoods and their respective ad- hoods. A firm commitment to coordina- stable, and attractive place to live, and vantages. A strength of most city neigh- tion and the other goals of the new everyone is eager to improve their borhoods is their convenient location to comprehensive policy will help take properties. the cultural, educational, business and Utah's capital city confidently into the government centers in the state. 21st Century. The policy proposes specific actions to continue implementation of the neigh- borhood vitality recommendations of the 2 II. ISSUES, GOALS, AND ACTIONS A. Introduction The Issues, Goals, and Actions are the results of the Housing Conference,with additions made by the Housing Advisory and Appeals Board. These items are the basis for the housing programs,through which the Action steps will be implemented. The Issues are divided into nine topics,with Goals to accompany the Issues,and one or more Action steps for addressing each goal. The nine topics and a brief description of each are: I. HOUSING AS SHELTER: provision of available and affordable housing of sufficient variety to meet the needs of people who want to live in the city. II. PRESERVATION AND PROMOTION OF NEIGHBORHOODS: preservation of existing housing resources,including buildings of historical value. III. CODES: adoption,amendment, and implementation of building,housing,and zoning codes in a manner to encourage rehabilitation of existing build- ings as well as construction of safe new dwellings. IV. VITAL NEIGHBORHOODS: action steps which strengthen and promote quality of life in neighborhoods. V. FINANCIAL RESOURCES: sources and mechanisms for funding housing rehabilitation and neighborhood revitalization. VI. EMERGENCY AND TRANSITION HOUSING: steps to be taken to enable homeless people to transition into permanent housing,and to stem the increase in the homeless population. VIE. PRESERVING EXISTING HOUSING STOCK: actions to be taken to improve the quality of the city's older housing stock and multi-family build- ings. VIII. FIT PREMISES: actions to address problems with the condition of rental housing units in the city. IX. HOUSING PLANNING AND COORDINATION: steps to provide information on all housing issues and programs,and new actions to insure that housing efforts are coordinated in the city. B. HOUSING POLICY IMPLEMENTERS Key to Implementers At the end of each Action step are listed agencies which will implement the step,their level of involvement coded according to the key below. A primary im- plementerls is one which has basic responsibility for the action. They work with others,coded coordinate with,which have a lesser involvement. The monitor- ing code indicates agencies which review the project activities and release funds. Special communication links are necessary for agencies listed as information exchange • primary implementer I11 monitoring 0 coordinate with 3 » information exchange Implementers and Abbreviations Apartment Association AptAssn Help Save Homes HSHomes Arts Council ArtsCncl Historical Landmark Committee HistLC Artspace Artspace Housing Advisory and Appeals Board HAAB Assist,Inc. Assist Housing Authority HousAuth Board of Adjustment BdAdj Mayor Mayor Board of Realtors BdRealt Neighborhood Housing Services NHS Building and Housing Services BHS Parks Department Parks Capital Planning and Programming CP&P Permits and Licensing Perm&Lic Chamber of Commerce ChofCom Planning Commission PlanCom City Attorney CityAtt Planning Division PlanDiv City Council CityCncl Property Management PropMgmt City Prosecutor CityPros Public Utilities PubUtil Community Action Program CAP Public Works PubWks Community Affairs ComAff Redevelopment Agency RDA Community Councils ComCncls Redevelopment Board RDABoard Community Development Advisory Comm. CDAC R/UDAT Housing Subcommittee R/UDAThs Community Development Corporation CDC Salt Lake Assn.of Community Councils SLACC Citizens' Congress CitCong Salt Lake City School District SLCSchD Community and Economic Development C&ED Travelers Aid TravAid Crime Prevention CrPrev Utah Heritage Foundation UHeritF Fire Department Fire Utah Legal Services ULegalS Habitat for Humanity Habitat Utah Nonprofit Housing Corporation UNonprHC Utah State Historical Society USHistS 4 I. HOUSING AS SHELTER ISSUES GOALS ACTIONS A. The quality and variety of the city's housing 1. Improve the quality and perception of city a. Establish a program to provide grants to is worsening. housing. people willing to buy and live in existing or infill housing. • CDC, o UHeritF, o nonprofits, o PlanDiv, o BHS b. Extend annual license and inspection program to all rental units,including rented units in condominiums. • CityCncl, o BHS 2. Insure that the city has adequate variety of its a. Develop a market analysis and survey of Salt housing stock. Lake City housing needs. • C&ED B. The middle income housing segments of the. 1. Provide incentives for building housing to a. Create mechanisms for providing financial housing market are not being met. Housing in supply all segments of the community. help to potential homeowners through leased Salt Lake City is increasingly becoming housing lots, deferred payments,sweat equity,and for the poor and rich. volunteer labor projects. • C&ED b. Review permit fee structure(permits for new construction and for rehab)to be competitive with surrounding areas. • BHS,o Perm&Lic 2. Increase the availability of types of housing a. City aid in resolving problem of uncompleted attractive to middle income households. residential construction on Block 49. • CDC, • RDA, o C&ED C. The city needs new infill housing in the 1. Establish a development environment that a. Review and revise zoning and land use rules existing older parts of the city. encourages reuse of vacant residential lands. to encourage housing infill. • PlanDiv b. Adopt a master plan for East Downtown which will promote the residential environment and opportunities and limit commercial expansion. • PlanDiv, o CityCncl, o SLACC, o ComCacls 5 c. Establish and maintain an inventory of vacant properties appropriate for housing development and infill. • C&ED 2. Attract new owner occupied one,two and a. Develop a program to accomplish infill three family dwellings to the city,which should housing,including identifying vacant lots and be on infill housing vacant lots. move-on houses,establishing a design review board,reviewing building and zoning codes and 3. Capitalize on the value of well built,movable modifying them where necessary,and providing houses by encouraging moving them when they economic incentives to developers. would otherwise be demolished. • BHS, o PlanDiv, tt CP&P, o NHS, o CDC, o Habitat, o PropMgmt, o UHeritF D. Some neighborhood residents and business 1. Disperse placement of government a. Review future public housing purchases and owners feel assisted housing has been sponsored housing throughout all developments in light of present location of concentrated in certain neighborhoods. neighborhoods. current government housing. • HousAuth, o PlanDiv, o HAAB, o ComCncls E. Constant attention is necessary to insure 1. Provide safe, decent housing meeting the a. Utilize Housing Assistance Plan as tool to housing needs of all special groups are being needs of special households including elderly, help insure that special needs are being met. met. single heads of household,and disabled. • HAAB, o ComCncls, o BHS, o CP&P, o HousAuth, o RDA II. PRESERVATION AND PROMOTION OF NEIGHBORHOODS ISSUES GOALS ACTIONS A. In some areas,the city is losing its unique 1. Salt Lake City's goal is to stabilize a. Identify and establish new neighborhood identity through careless demolitions. neighborhoods and stop the trend of declining conservation or historic districts. resident population. • SLACC, o HistLC, o CityCncl, o ComCncls, o PlanDiv, > UHeritF B. Many historical buildings are being 1. Preserve historical buildings for housing a. Survey at-risk historical buildings and neglected due to speculation. through rehabilitation and conversion from develop a strategy for their repair,maintenance, commercial use. and reuse. • UHeritF, o ComCncls, o PlanDiv C. Salt Lake City is gradually losing population, 1. Attract and retain enough families and a. Combine marketing action steps with other which is eroding the tax base and depleting individuals to stabilize the population and components of the City housing policy to reach neighborhoods of people needed to sustain repopulate neighborhoods. goal of stabilizing population. commercial,governmental,and social services. • C&ED, o ChofCom, o R/UDAThs, o BdRealt • D. Commuter activity leads to high daytime 1. Entice a larger proportion of people who a. Market neighborhoods by distributing population which creates additional costs for work in the city to live here. information about types of housing available and City services without contributing to revenues. support services,such as schools,churches, entertainment,recreation. • CP&P,o ChofCom, o BdRealt, o SLCSchD E. There is inadequate information regarding 1. Attract new residents and convert renters to a. Distribute information about the city in utility the advantages and conveniences of living in the owners through attractive information about the mailings. city. city as a clean,comfortable,safe place to live. • C&ED, • PubUtil F. The unique qualities of neighborhoods and 1. Attract people to neighborhoods by a. Collect information and develop brochures their respective advantages are not widely producing and distributing information on all neighborhoods of the city;make available known nor appreciated. highlighting unique qualities of neighborhoods. through a variety of sources. • BHS, o PlanDiv, o SLACC, > UHeritF b. Complete Neighborhood Identification Project and Citizen Survey through joint City-SLACC effort. • SLACC, • ComCncls, o P1anDiv 2. Take advantage of the ethnic diversity of the a. Have neighborhood/ethnic fairs in spring, city. summer,and fall seasons. • ArtsCncl, • SLACC, o ComCncls, o NHS G. Some City residents do not feel safe in their 1. Insure healthy,secure neighborhoods in all a. Promote neighborhood crime watch and neighborhoods. areas of the city. other self-help neighborhood programs. • SLACC, o CrPrev, o ComCncls b. Increase cooperation with Police Department in patrolling neighborhoods. • SLACC, • CrPrev, o ComCncls 2. Provide protection for persons and property a. Adopt a security code requiring minimum through security codes. security standards for new construction and apartment buildings and voluntary standards for existing buildings • CrPrev, o BHS, o PlanDiv 3. Utilize environmental and design factors to a. Identify changes which can be made in reduce crime in neighborhoods. neighborhoods which will reduce crime; implement through joint program for city agencies and neighborhood groups. • CrPrev, o PlanDiv, o PubWks, o Parks, o SLACC, o ComCncls 7 III. CODES ISSUES GOALS ACTIONS A. Building codes must effectively deal with the 1. Adopt a building conservation code to a. Explore and adopt(if found to be preservation and rehabilitation of older housing further assist in building renovation. acceptable) the Uniform Conservation Code. stock. • BHS, • HistLC, o PlanDiv, o Citycncl, o RDA B. City inspectors interpret the building codes 1. Standardize and develop uniform code a. Develop a Residential Construction Code differently—City Building and Housing enforcement procedures. Manual for neighborhood and inspector use. Preservation Codes should be applied uniformly. • BHS, o HAAB, o RDA, o NHS, o Assist b. Develop a summary of code changes with dates and requirements(include in code manual). • BHS, o HAAB c. Continue to standardize and develop policy for special exceptions for existing housing violations. • BHS d. When code issues arise,survey other similar code programs from other cities;include positive points into the City's code program. • BHS C. Deterioration of housing stock is related to 1. Improve housing conditions citywide by a. Utili7p all fees collected for rental housing lack of funding for staff to adequately enforce adequately funding code enforcement. license fees to fund inspection activities. housing codes. • CityCncl, o HAAB D. Court process is slow and cumbersome. 1. Revise housing judicial system. a. Establish a task force to review implementation of an administrative process for hearing housing cases through the Law& Justice Center. • BHS, • CityAtt, o CityPros E. Condemnation and demolition of housing is 1. Change demolition policy to encourage a. Adopt demolition ordinance recommended affecting quality and quantity of city's existing conservation of housing stock. by HAAB. housing stock. • CityCncl, o HAAB, o PlanCom, o BHS 8 F. Present land use ordinances do not place 1. Update the zoning ordinance and land use a. Modify zoning designations to better address enough emphasis on preservation of existing plans to achieve neighborhood long-term residential conservation and redevelopment housing. stability, goals. Modify the R-7,B-3,and C-3 zoning designations in conjunction with the City's need to better protect its neighborhoods. • PlanDiv, o PlanCom, o CityCncl, o SLACC, o ComCncls b. Rezone areas to better address residential characteristics of existing neighborhoods. • PlanDiv, o CityCncl, o SLACC, o ComCncls IV. VITAL NEIGHBORHOODS ISSUES GOALS ACTIONS A. Innercity neighborhoods are losing integrity 1. Develop a sense of neighborhood integrity a. Create Community Development because of deterioration of housing and through preservation and enhancement of Corporations(CDCs). disinvestment by owners. existing buildings. • SLACC, o ComCncls, o Assist B. Some areas are losing the critical mass of 1. Utilize highly selective demolition coupled a. Remove unsalvageable structures,coupled structures necessary for viable neighborhood with housing replacement strategies to upgrade with replacement plan;have a replacement use fabric because of demolition without neighborhoods. or landscape. replacement. • BHS, o ComCncls, o PlanDiv C. Vacant and boarded buildings are creating 1. Rehabilitate and place back into use vacant a. Establish a task force and program to serious blight in neighborhoods. boarded-up buildings which have a blighting rehabilitate boarded houses or remove them if influence on neighborhoods. they are not repairable. • BHS, o RDA, o ComCncls b. Convert vacant nonresidential buildings to residential use through renovation programs. • CDC, • Artspace, o C&ED D. In addition to deterioration of the housing 1. Develop vital neighborhoods which provide a. Support the development of neighborhood and city infrastructure,neighborhoods are both housing and the necessary amenities, amenities such as parks,street lights,sidewalks, suffering loss and vital services such as schools including schools,retail shopping,and and curb and gutter,and bus service. and retail shopping and transportation. transportation. • CP&P, o CDAC, o Parks, o PubWks, o PlanDiv, o CrPrev 9 2. Stabilize at-risk neighborhoods through a. Plan revitalization of critical neighborhoods strategies geared to specific areas. by planning and targeting programs on a block-by-block basis. Focus housing preservation in order to have impact on the selected neighborhoods. • C&ED, o BHS, o PlanDiv, o ComCncls, o CDC, rr CP&P, o HousAuth b. Focus City resources,including capital improvements expenditures and code enforcement,on selected target areas. • CityCncl, o Mayor, n CP&P, o RDA, o CDAC, o BHS C. Utilize land use and landscape buffer areas • to define and protect residential areas bordered by commercial transitional uses. • PlanDiv E. Development proposals are accepted which 1. City will follow master plan and revise a. City conduct study to identify areas where do not conform to master plans. ordinances to comply with master plan. zoning does not comply with master plan and initiate zoning change or amendments to master plan. • PlanDiv, o PlanCom, o BdAdj V. FINANCIAL RESOURCES ISSUES GOALS ACTIONS A. There are limited opportunities for 1. Develop new financing mechanisms to a. Explore the use of low income tax credits as financing home purchase or rehabilitation costs. rehabilitate housing and stabilize neighborhoods. an incentive for construction of new housing. • RDA, • nonprofits b. Utilize Redevelopment areas as a method of fostering development and preservation of housing through tax increment financing. • RDA, o CityCncl, o Mayor C. Establish a Redevelopment area in the East Central neighborhood. Direct at least fifty percent of increment to housing. • RDA, o RDABoard 10 B. Federal housing assistance has greatly 1. Utilize scarce housing resources in most a. Continuously monitor cost effectiveness of all diminished and efficient use of existing effective means possible for preserving housing housing programs,issuing periodic reports resources is essential. stock and stabilizing populations. about progress toward meeting goals. • CP&P, o HAAB C. Need for housing rehabilitation has 1. Modify present housing redevelopment a. Change Redevelopment guidelines to target increased at the same time that federal programs to better address critical housing rehabilitation of substandard low income government resources have diminished, issues. housing. mandating development of expanded funding • RDA Board, o RDA, o SLACC, o HAAB sources and new programs for neighborhood preservation. b. For a two-year period make rehab of substandard housing a priority of the City's housing rehab program. • RDA, • RDA Board 2. Aggressively seek funding from state and a. Maintain up-to-date information on existing private sources; secure fair share of Federal and new federal programs;apply for all grants housing allocations. with applicability and desirability for the City. • CP&P, o RDA,o BHS, o HousAuth 3.Vitalize neighborhoods through development a. Aid in the creation of a Community of nonprofit organizations(CDCs)which Development Corporation. address housing and all essential aspects to • SLACC, o Assist, o ComCncls creating a vital neighborhood. D. Many owners wishing to purchase or 1. Maximize the potential for private loans by a. Obtain bank participation in City programs rehabilitate homes in the city have been turned utilizing regulations requiring banks to serve the to better leverage City funds and establish down when making loan applications to lending needs of neighborhoods. lending patterns that will endure. institutions. • RDA Board, • Mayor b. Utilize provisions of Community Reinvestment Act to increase loans in Salt Lake City for purchase or repair;conduct studies of loan placements in Salt Lake County. • CAP, • CitCong, o SLACC, o ComCncls 11 VI. EMERGENCY AND TRANSITION HOUSING ISSUES GOALS ACTIONS A. Salt Lake City needs long-term solutions to 1. Break cycle of individuals and families a. Pursue funding through the McKinney Act homelessness which includes transition moving in and out of the Shelter by providing and HUD to plan and carry out transitional programs as well as provision of temporary housing and support system to establish them in programs. shelter. permanent housing. • HousAuth, o TravAid, o UNonprHC B. The city has suffered a dramatic decrease in 1. Preserve SRO housing resource by stopping a. City assist owners in finding resources to Single Room Occupancy units(SROs)which demolition or conversion of additional units not maintain and repair SRO buildings. can provide a transition to permanent housing. a solution to the problem of homelessness. • HousAuth, o RDA, o nonprofits C. The need for housing assistance far exceeds 1. Provide incentives and programs to enable a. Housing Authority apply for HUD SRO the supply;recipients must become tenants in assisted housing to transition into programs. self-sufficient so the needs of others can be met. non-assisted housing and lifestyles. • HousAuth b. Housing Authority programs not only supply assisted housing,but a broad range of programs • and incentives leading to self-sufficiency. • HousAuth VII. PRESERVING EXISTING HOUSING STOCK ISSUES GOALS ACTIONS A. Particularly in the Fast Downtown area, 1. Preserve the housing resource of older a. Identify at-risk apartments through apartment buildings are becoming neglected multi-family units by early intervention and Apartment License Program;develop and and/or vandalized. assistance strategies. implement program to include At-Risk CD Project for their conservation. • BHS, • RDA, • nonprofits, • CDC, o Comcncls, o USHistS, > UHeritF b. Create financing mechanisms for nonprofits to buy apartment buildings,rehabilitate them, and provide safe and affordable housing. • CDC, • nonprofits, o RDA, o UNonprHC B. Much of the city's housing is over seventy 1. Provide more incentives for maintenance and a. Reallocate City housing resources to spend years old and has not been well maintained in restoration of older homes. rehabilitation funds on most critical needs. some areas of the city. • RDA Board, • RDA, o Mayor, o CDAC, o HAAB 12 b. Allocate more funds to emergency repair of older homes. • CityC, o CDAC, o Mayor, o Assist 2. Stimulate more rehabilitation of older a. Adapt code enforcement response and housing by providing more flexibility in meeting programs to characteristics of housing in code requirements. particular neighborhoods. • BHS, o RDA, o NHS, o Assist b. Place greater emphasis on life safety repairs by developing a hierarchy of code citations and expediting special exceptions. • BHS C. There is a high vacancy rate and high 1. Utilize scarce housing resources with the a. Utilize Rental Rehab,BHS At-Risk Project, portion of substandard buildings among the most effective means possible to preserve and Apartment License Programs with other rental housing stock existing housing stock. Improve condition of incentives to improve rental housing stock. rental housing and reduce vacancy rates; • RDA, • nonprofits, o Bfts provide incentives for repair of rental housing. D. Individuals and families are finding it 1. Stimulate occupancy of for-sale houses by a. Provide more properties for the Urban difficult to meet their goal of owning their own creating new home ownership opportunities. Homesteading Program for Salt Lake City. home. • CP&P, o RDA, o CDC E. Families are in danger of losing their homes 1. Assist families in keeping their homes. a. Secure funding for additional foreclosure through foreclosure. counseling programs. • CAP, • NHS, o private lenders, o CP&P, o HSHomes F. There are many vacant homes in 1. Match families who need housing with a. Have nonprofit organizations lease HUD neighborhoods,and at the same time families available unoccupied housing. homes for$1 and enlist community support in who need housing. integrating new occupants into the community. • CDC, o NHS, o churches, o ComCncls • 13 • VIII. FIT AND HABITABLE PREMISES ISSUES GOALS ACTIONS A. Both landlords and tenants are experiencing 1. Development of a fit premises ordinance a. Coordinate City and State fit premise severe difficulties regarding condition of rentals which fairly represents both landlords and proposals. and their respective responsibilities. tenants by permitting and encouraging tenants • Mayor, • CityCncl, o CityAtt, o CAP, to participate in the upkeep and improvement of o ULegalS, o CitCong their homes. b. Approve and implement a fit premises ordinance. • Mayor, • CityCncl, o CityAtt, o CAP, o ULegalS, o CitCong, o ComCncls, o AptAssn, o HousAuth 2. Insure that all citizens are afforded equal a. Inform landlords and tenants about Fair access to housing. Housing provisions. • CAP, o CP&P IX. HOUSING PLANNING AND COORDINATION ISSUES GOALS ACTIONS A. Currently the City lacks adequate data 1. Enable developers and citizens to make full a. Provide a housing clearinghouse for regarding citizen needs upon which to base use of actual and potential housing resources. information about housing resources and decisions regarding housing planning and programs. housing programs. • C&ED a. Issue a quarterly newsletter about housing resources,proposed programs and housing activities in neighborhoods. • C&ED 2. Improve housing decisions through a. Conduct a market analysis of housing needs maintenance of accurate,up-to-date information and types of housing which would fill the needs. regarding housing demand and supply. • C&ED 3. Provide and maintain housing condition a. Maintain a housing condition data base information upon which to base housing through periodic updates of the housing program and planning decisions. condition survey. • C&ED 14 B. There is a need to better coordinate zoning, 1. Coordinate zoning,land use policy,housing a. HAAB will review and assist in the land use policy,housing enforcement and enforcement,and housing development coordination of all housing program activities housing redevelopment programs. programs. funded by the City and report directly to the Mayor. • HAAB b. Hire a Housing Coordinator whose primary function is to review,monitor,and make recommendations to various housing development agencies. • Mayor, o C&ED, o HAAB 15 III. Programs A. Introduction 2. Grants for Homebuyers (Targeted Neighborhoods) The Action steps from the Issues, Goals, 6. Urban Apartment Rehabilitation and Actions chapter form the basis for the Programs. Staff developed proposed 10. Adoption and Implementation of programs to implement the Actions,and Master Plans contacted proposed implementers for their comments. The Housing Advisory 14. Crime Prevention Through En- and Appeals Board (HAAB) reviewed vironmental Design(CrTED)and the revised programs and made further Codes' changes. 16. Housing Condition Survey Each program includes a short descrip- 17. Coordination, Monitoring, and tion,the proposed implementers,a list of Public Relations potential funding sources, and a priority rating and proposed time schedule for implementation. The Planning Commission and the Plan- Programs include existing activities and ning and Zoning staff recommend the proposed new initiatives. Existing addition of Program 8, Update Zoning programs are identified under Funding, Ordinance, as a priority 1. along with their source and level of fund- ing for 1989-90. These first priority actions result in a public commitment of$585,000 towards The priorities were proposed by staff and implementing the housing policy. revised by HAAB. HAAB has desig- nated the following programs as major initiatives, to be receive priority im- plementation: 16 B. HOUSING POLICY PROGRAMS: SUMMARY Programs were were developed to implement the actions identified in the Issues,Goal,and Actions chapter. Priorities were proposed by staff,and revised by the Housing Advisory and Appeals Board and the Planning Commission. Those listed as priority 1 are major initiatives which should be implemented as soon as possible. The Annual Funding column is annual amounts in addition to amounts currently spent. Program Priority Time Schedule Finding Annual Funding CHAPTER 1: HOUSING REPAIR AND OWNERSHIP 1. New Housing(Construction and Move-On) 3 L housing bonds,foundation grants(CDC),OF, low income tax credits,tax increment, UHFRF. Initial startup of revolving fund $250,000. 2. Grants for Homebuyers(Targeted 1 P CDBG $100,. Neighborhoods) 3. Homeowner Rehabilitation Program 2 S CDBG,mortgage bonds 4. Emergency Home Repair 2 S CDBG 5. At-Risk Apartment Program 2 S CDBG initial funding$75,000 for 3 years— Revolving Loan Fund;Renter Rehab$325,000; low income tax credits,historic tax credits 6. Urban Apartment Rehabilitation 1 S CIF,Renter Rehab,historic tax credits,low income tax credits 7. Adaptive Re-Use of Existing Buildings 2 S CDBG,CDC(as projects are developed) CHAPTER 2: PLANNING AND ZONING 8. Update Zoning Ordinance 1 P GF$62,500,CDBG$62,500,RDA$125,000; total$250,000 one-time cost 9. Historic Neighborhood Preservation 4 I GF(existing Planning Division budget) 10. Adoption and Implementation of Master Plans 1 IP GF,CDBG(existing budget) CHAPTER 3: CODES AND INSPECTION PROGRAMS 11. Residential Code Development and Inspection 2 IP GF(existing budget) Standardization 17 ' Pr y am Priority Time Schedule Binding Aral Binding 12. Rental Inspection 3 I GF:to inspect 5+ units$75,000 initial cost $43,000 and$43,000 annually 13. Residential Demolition Policy 2 IP GF 14. Crime Prevention Through Environmental Design 1 P GF,CDBG (CPTED)and Codes CHAPTER 4: INFORMATION, MARKETING,AND COORDINATION 15. Market Analysis 4 L CDBG or GF$75,000 one-time cost 16. Housing Condition Survey 1 P CDBG$38,000,RDA$38,000,GF$38,000; total$114,000 17. Coordination,Monitoring,and Public Relations 1 P GF $60,000 18. Marketing Salt Lake City and Its Neighborhoods 3 I CDBG $20,000 19. User Defined Area Program 4 IP CDBG$3,000,GF CHAPTER 5: NEIGHBORHOOD REVITALIZATION 20. Neighborhood Amenities and Services 3 IP GF, CDBG, CIP(existing budgets) 21. Target Area Revitalization 2 S CIP, CDBG,UHFRF,HUD$1 homes 22. Community Development Corporations(CDCs) 2 IP CDBG,foundations,HUD$1 homes,Rental Rehab($151,649 start-up from CDBG) 23. Neighborhood\Ethnic Fairs and Arts and 4 IP CDBG(Self-help Grants),City and State Arts Entertainment Activities Councils CHAPTER 6: FINANCING HOME REPAIR AND OWNERSHIP 24. Mortgage Counseling 2 IP CDBG(Salt Lake City$10,000,Salt I Ake $10,000 County$13,000 CAP requests);HUD mortgage assistance$26,000;Federal Emergency Management Agency$25,000 25. Leveraging and Increasing Funds 2 S GF i 18 Pogtam Priority Time Schedule Funding Annual Funding CHAPTER 7: LEGAL AND COURTS 26. Fit Premises Ordinance 2 IP GF 27. Housing Court 4 I Law and Justice Center CHAPTER 8: SPECIFIC PROJECTS 28a. Block 49,Plat A 2 S... private,RDA(total cost for project$2-3 million) 28b. Tax Increment Financing for Housing 2 S tax increment 28c. Urban Homesteading 2 S 312 Program $150,t.._ KEY Priority: Highest priority is 1,and lowest is 4. Time Schedule: P = Priority implementation(within 0-2 yrs.);S = Short term implementation(0-2 yrs.);I = Intermediate(2-4 yrs.);L = Long term(4+ yrs.);IP = In process. Funding: CDBG = Community Development Block Grant;CIP = Capital Improvement Program;CIF = Community Investment Fund;GF = General Fund;UHFRF = Utah Heritage Foundation Revolving Fund. ,'__19_I Program Implementers I_mplemen. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28a 28b 28c AptAssn o ArtsCncl • Artspace • • o Assist • o . 0 0 0 I3dAdj o I3dRealt 0 MIS o 0 0 0 • o • • o 0 0 0 0 • CP&P u • • o o • CholCom o CityAtt o • CityCncl 0 0 0 0 • • • • • CityPros • CAP 0 • • o ComAff > ComCncla o 0 o • o 0 o • 0 0 0 0 0 0 WRAC o 0 0 0 CDC • • • • ; o o • CitCong o 0 C&ED • o • I• • • • • o CrPrev • .• o . Fire > ' Habitat • • • HSHomes o . • , IlistLC • 0 IIAAD o 0 0 0 •I . 0 HousAuth o • I 0 > • o Mayor o ,\ o o • • • NI IS • • o r' o o • Parks o 1 o 0 Perm&Lic • o PlanCom o • o PlanDiv o o • o • - o o i 0 0 0 0 PropMgmt o PubUtil o • PubWks o ' o RDA • • • 0 0 0 • • • • RDABoard • i • • • R/UDAThs o SLACC • o o • o o i > 0 0 0 • • . o SLCSchD o TravAid • o UlleritF o o > o • .> o 0 ULegalS I s o UNonprHC • • USHistS o o Key to implementers: • primary implementer, o coordinate with, 13monitoring, > information exchange t 1 20 1. HOUSING REPAIR AND OWNERSHIP 1. New Housing (Construction and Move-On) Actions: I.A.1.a.,I.B.I.a.,I.C.1.c.,I.C.2.a.,VA.1.a.,VA.I.b. Program Description The program will provide an opportunity for home ownership for families and new rental housing while at the same time improving neighborhoods through in- fill housing,both new construction and move-ons. Components of the program are: 1. Listing of properties suitable for infill,through development or move-on. Purchase of selected infill properties for the program. 2. Listing of potential homes to be moved(solicit) and creation of an infill housing storage lot. 3. Review of building and zoning codes,modifying them where necessary to provide for infill on usable lots. — Allow houses moved to only meet building code at time of construction rather than as new construction. — Revise zoning ordinance to allow more flexibility for compatible infill(new construction and move-ons). 4. Involvement of community development corporations,including SLACC CDC. 5. Infill in historic districts and move-on of historic buildings. Incentives: Single family: — Grants for low income families who will live in homes. Guidelines: Don't currently own a home,family income doesn't exceed 80%of area median income. — Sweat equity,or contribution of labor by the owner,similar to the NHS Owner Built project. Multi-family: — Federal low income tax credits,and tax increment financing. — Housing authority development corporation bonds,as done in Las Vegas and Denver,for below-market low income housing and market value moderate income housing. 21 Implementers • Community Development Corporation,Habitat for Humanity, Neighborhood Housing Services,Community and Economic Development O Building and Housing Services,Planning Division,Property Management,Utah Heritage Foundation rt Capital Planning and Programming Funding Develop a$250,000 revolving fund account. Likely sources are: * Tax exempt revenue bonds(Redevelopment Agency or Housing Authority) * Foundation grants and loans(CDC) * Neighborhood Reinvestment Corporation * Community Investment Fund Other funding sources are Low Income Tax Credits and Tax Increment financing. From banks,secure donations —for tax purposes—of foreclosed vacant lots. Historical buildings could be moved through Utah Heritage Foundation Revolving Fund. Priority/Time Schedule Priority: 3 Time Schedule: Long term(implement in 4+ years) 22 2. Grants for Homebuyers (Targeted Neighborhoods) Actions: IA.1.a.,VII.B.1.a. Program Description The purpose of the program is to preserve and increase homeownership in central areas. Patterned after the"Own in Ogden"program,this program would provide grants to families to purchase existing homes in target neighborhoods. It would provide$2,000-$3,000 grants/loans to persons willing to buy a home in selected areas, and live in it for 5 years. The grant would be contingent on prospective owner getting a VA,FHA,or conventional loan. Other components of the program are: — Purchaser must stay in the house for five years or repay a pro rata portion with interest. — House must be in a residential zone and meet habitability standards at time of closing. — The grant may be used for the down payment,closing costs,and reimbursement of out-of-pocket preauthorized rehab costs within 60 days after closing. — Buyer must invest$500 cash in the home purchase. Implementers • SIACC CDC O Planning Division,Building and Housing Services Funding * CDBG $100,000 (Could a tax increment of sorts be developed;i.e.,people guarantee to makex number of dollars of repair,the increased taxes then finance the program? Incre- ment capture period might be 5-10 years.) Priority/Time Schedule Priority: 1 Time Schedule: Priority implementation within 0-2 years 23 3. Homeowner Rehabilitation Program Actions: IV.C.1.a.,V.C.1.a-b.,VII.B.1.a. Program Description The purpose of this program is to repair older homes—enabling owners to live in safe dwellings—and to improve neighborhoods. It calls for home repair funds to be spent on repair of Seriously substandard,but economically repairable, dwellings.The code interpretations and special exceptions found under Program 11, Residential Code Development and Inspection Standardization,would be fully utilized in defining the work necessary to bring a dwelling up to code. The program would be available to low and moderate income homeowners in Community Development target areas. Outside of target areas, it would be avail- able for low-income homeowners, the condition of whose dwelling meets the City's standard for slums and blight. Implementers • Redevelopment Agency,Redevelopment Board, Neighborhood Housing Services O Building and Housing Services,Housing Advisory and Appeals Board,Salt Lake Association of Community Councils,Utah Heritage Foundation Funding * CDBG—RDA Housing Rehab * Mortgage bond—RDA Housing Rehab * Utah Heritage Foundation historical homes Priority/Time Schedule Priority: 2 Time Schedule: Short term(implement 0-2 years) Note: Existing program. 1989-90 funding: Redevelopment Agency—CDBG $700,000 24 4. Emergency Home Repair Actions: VII.B.1.b. Program Description The purpose of the program is to save economically repairable homes by providing more funds for emergency repairs,which if not made could cause vacating of the home. The program would involve allocating more funds to existing repair programs,and developing new sources of emergency repair funds. It provides for immediate repair of emergency situations,allowing the remaining repairs needed to bring a dwelling up to code to be deferred or made through other repair programs such as RDA Housing Rehab or NHS. The code interpretations and special exceptions found under Program 11,Residential Code Development and Inspection Standarcii7ation,would be fully utilized in defining the work necessary to bring a dwelling up to code. The program would be available to homeowners whose income is 50%or below of the area median income. Implementers • Assist O Building and Housing Services, Mayor, City Council, Community Development Advisory Committee, Housing Advisory and Appeals Board, Community Councils Funding * CDBG $250,000 Priority/Time Schedule Priority:2 Time Schedule: Short term(implement 0-2 years) Note: Existing program;1989-90 funding: Assist—CDBG $240,000 25 5. At-Risk Apartment Program Actions: III.B.1.a-d.,VI.B.1.a.,VII.A.La:b. Program Description The purpose of the program is to keep low income apartments and single room occupancy residential hotels(SROs)operating which are in danger of closing because of needed emergency repairs. It is designed to provide financial assistance to owners who are unable to secure funds to make the repairs. It will target SROs and apartment buildings located in CDBG areas and the East Downtown area,but can be used on other types of housing. Loans will be made based on the location of the building,physical and financial condition,owner's financial status,and household type of tenant served. Repairs will be financed as: — Conventional interest bearing loans: $15,000 maximum loan amount at 13%interest rate,maximum,repayment period of 4 years. — Deferred(zero interest) loans for qualifying owners. Criteria include: owner is tenant of building,his/her income does not exceed 80%of area median income,and low income tenants comprise 80%or more of tenant households. The repair procedure involves a Building Department inspection,estimate of repairs,loan application,repairs by contractor and inspected by BHS,and property liened for cost of repairs. The existing Apartment License Inspection Program of Building and Housing will be useful not only in devising repair plans,but also in insuring that repair work will meet City codes. Implementers • Building and Housing Services,Redevelopment Agency,nonprofits,Community Development Corporation O Community Councils,Housing Authority,Utah State Historical Society > Utah Heritage Foundation Funding * CDBG—At-Risk Revolving Loan Fund $75,000 * Federal Historical Preservation Tax Credits * Federal Low-income Tax Credits * Redevelopment Agency: Rental Rehab Program $325,000 Priority/Time Schedule Priority: 2 Time Schedule: Short term(implement 0-2 years);currently partially implemented 26 6. Urban Apartment Rehabilitation Actions: III.B.1.a:d.,VIIA.1.a.-b.,VII.C.1.a. Program Description The purpose of the program is the preservation of the older multi-family units in the city now in jeopardy. It involves identifying the at-risk buildings, document- ing their ownership and condition,and devising an intervention program for selected buildings. Success of the intervention program depends on developing and utilizing a number of public and private sources of funds. It may involve having a nonprofit buy an at-risk building and providing assistance and incentives for the rehabilitation. Historical preservation tax credits are a potential rehabilitation incentive for those apartment buildings identified by the Utah State Preservation Officer as eligible for historical designation,in addition to low income tax credits. Actions included in the Codes and Inspection Programs chapter will be fully utilized to lend flexibility in rehabilitation standards without compromising life- safety of the occupants. The existing Apartment License Inspection Program of Building and Housing will be useful in devising repair plans and insuring that repair work will meet City codes. Implementors • nonprofits, Utah Nonprofit Housing Corporation,Redevelopment Agency,community development corporation,Housing Authority O Utah Heritage Foundation,Utah State Historical Society,Building and Housing Services Funding * private foundations supporting CDCs low income apartment investment * bonding to General Funds for purchase * Renter Rehab * Low income tax credits * Historical tax credits * Community Investment Fund Time Schedule/Priority Priority: 1 Time Schedule: Priority implementation within 0-2 years 27 7. Adaptive Re-Use of Existing Buildings Actions: II.B.1.a.,IV.C.1.b. Program Description Adaptive re-use of existing vacant,underutilized,or otherwise suitable buildings for use as housing or mixed use projects is a cost effective method of increas- ing the city's housing stock. Projects like the Artspace project in the west downtown area have proven that old structures can easily be adapted for use as hous- ing. This program will survey,target,and prioritize structures which may be suitable for conversions. CDCs such as Artspace may be utilized to create development projects, identify user groups and markets,and identify financing mechanisms for conversions. Specific areas for targeting would include West Downtown,East Downtown,and Sugar House. Part of this program would be to develop a live/work ordinance permitting people of certain professions—such as artists,engineers,and architects—and people with disabilities to live and work in the same building. Although many of the zoning district classifications allow such mixed uses,a live/work ordinance would better define the City's interest in promoting this type of housing. Implementors • Artspace, CDC o Community and Economic Development Funding * CDBG * CDC Time Schedule/Priority Priority: 2 Time Schedule: Short term(implement in 0-2 years) 28 CHAPTER 2: PLANNING AND ZONING 8. Update Zoning Ordinance Actions: I.C.1.a.,III.F.1.a:b.,IV.D.2.c.,IV.E.1.a. Program Description The program involves review of and changes in the zoning ordinance needed to preserve existing housing and encourage building of new affordable housing. The emphases will be: 1. Analysis of effect of current zoning provisions on housing infill needs. 2. Revise the R-7 zone to better preserve residential opportunity. Modify the B-3 and C-3 zones to address transitional compatibility with adjoining residen- tial uses. 3. Conducting a study to identify areas where zoning does not conform to the master plan and initiating zoning changes to insure conformity. 4. Rezoning of areas to conform with the master plan. Insure that the master plan adequately reflects community and neighborhood characteristics. 5. Protect residential areas bordering commercial areas through the use of landscape buffers and architectural design. Implementers • Planning Division O City Council,Planning Commission,Salt Lake Association of Community Councils,Community Councils,Board of Adjustment Funding * General Fund $ 62,500 * CDBG $ 62,500 * Redevelopment Agency ' $125,000 Priority/Time Schedule Priority: 1 Time Schedule: Short term(implement in 0-2 years) Modification of zoning patterns in Central City should be immediate. 29 9. Historic Neighborhood Preservation Actions: IIA.1.a.,II.B.1.a.,IV.C.1.b. Program Description Through this program,additional historic and conservation districts will be established to conserve enclaves of housing and neighborhoods. Historic districts are areas with outstanding unifying architectural and/or historical characteristics. The historic districts to be considered include but are not limited to the fol- lowing: Allen Park,Boulevard Gardens,Gilmer Drive,Harvard-Yale Avenue,Highland Park,Tenth Ward,Westmoreland Place,600 East Parkway,and University. Conservation districts are visually cohesive areas which portray a sense of character through the quality and uniformity of their design and setting. Conserva- tion districts to be considered include Hollywood Avenue,Perkins Subdivision,Westminster Avenue,Upper Yale,Normandie Heights,Cottage District, Michigan Avenue Cottage District,and Jackson. (See map of proposed areas,Figure 1,page 31.) This program will also involve surveying at-risk historic buildings which have been used commercially,and assessing their potential for rehabilitation as housing. When justified by the condition of the building,location,and suitability for housing,a plan for conversion and rehabilitation would be devised. Initially,plan- ning should be done jointly with Planning and Zoning and Building and Housing. Implementers • Salt Lake Association of Community Councils,Community Councils,Utah Heritage Foundation O Planning Division,Historical Landmark Committee,City Council Funding * Designation of historic and conservation districts: General Fund * Utah Heritage Foundation Priority/Time Schedule Priority: 4 Time Schedule: Intermediate(implement in 2-4 years) 30 10. Adoption and Implementation of Master Plans Actions: I.C.1.b. Program Description Master plans are crucial to the provision of housing and the preservation of neighborhoods. This program has as its purpose the preparation,adoption,and im- plementation of master plans. Below are plans in process which have a major effect on housing and the stage of their adoption or implementation: In Devel- Planning City Council Being Area opment Commission for Adoption Adoptesl Implemented 1. Avenues x x 2. Capitol Hill x x 3. Central City Update x 4. Fast Central x x 5. Downtown Phase 2 Phase 1 x a. East Downtown x b. West Downtown x x 6. Fast Bench x x 7. Northwest Update 8. Northwest Quadrant x 9. Sugar House x x 10. Westside Update Housing problems and proposed solutions for each of these plans are: (See map of planning areas,Figure 2,page 35.) Avenues: The Avenues have become a very desirable area in which to purchase single family homes,and many older homes in the lower Avenues have been converted from apartments to owner occupied single family homes. The master plan states that land use problems in the Avenues such as poor maintenance, parking in front yards,and illegal building additions should be corrected with increased enforcement of existing ordinances. It also calls for evaluation of present height requirements and area requirements for R-2 zoning in the Avenues. Capitol Hill: The goal of the master plan is to retain as much as possible of the low density housing and the family oriented character of the community while meeting modern housing needs and standards. Preserving older houses and making the neighborhood attractive for young families is essentiaL Recommended rehabilitation assistance programs,along with zoning changes,are expected to halt the trend to demolish sound single family homes and replace them with apartments. 32 Central City: The 1974 community plan strives to protect and enhance existing residential neighborhoods and encourage rehabilitation. The community faces strong pressures for conversion of residential land uses to other activities. The plan seeks to stabilize and protect residential use and opportunities in the Central City area,while allowing some limited,appropriate,and compatible office and commercial uses. East Central: The overriding goal of the 1984 plan is to stabilize the neighborhood as an attractive residential area. It should accommodate predominately low- medium density residential uses. To achieve this goal the plan recommends encouraging: 1) conservation of the neighborhood's low-medium density residen- tial character; 2) compatible infill housing on vacant lots and on lots containing nonconforming uses,and replacement of dilapidated residential uses; 3) low-density residential development consistent with the neighborhood;and 4) preservation of good housing stock and neighborhood amenities. Downtown: The plan encourages residential units as part of other projects Downtown. Rezoning in East Downtown will have a major effect on housing in Downtown,as will proposals for establishing major residential areas near Pioneer Park in West Downtown. East Downtown: Residential neighborhoods in East Downtown have been seriously encroached upon by commercial development,particularly offices. The plan as proposed suggests strategies for encouraging residential development and controlling commercial encroachment. Further,it suggests programs for not only stabilizing but increasing the residential population of the area. The establishment of new mixed use districts is recommended. Specific programs are proposed to renovate existing housing and develop new housing units. The improvement of community amenities and the alleviation of transportation and other impediments to the residential character of the area are addressed. West Downtown: The major focus of the plan,adopted in 1984,was on retaining and enhancing the unique character of the West Downtown area. The plan calls for considerable housing in the Pioneer Park area. East Bench: Because of the predominance of good quality housing,major development or redevelopment in the established community is unlikely. The primary housing concerns of residents are illegal conversion of single family homes into duplexes and inadequate lot area and open space requirements for duplexes within the present R-2 zone. Northwest: The plan recommends policies and programs to improve the quality of existing housing as well as suggests actions to prevent further residential decline. Four housing improvement programs are recommended: preservation,code compliance,structural rehabilitation,and redevelopment. With regard to areas adjoining single family uses,more intensified landscaped buffers and better site design are needed. The City should undertake an education program to inform the public of appropriate and legal ways to add on or expand their homes. Northwest Quadrant: New housing development opportunies exist in the quadrant. Development is hindered by the airport overlay zone,which restricts hous- ing development for large portions of the area,and the lack of infrastructure. The plan proposes very large residential districts consisting of hundreds of acres in the far northwest portion of the city. These areas will be developed when the basic infrastructure is installed,such as sewer,water,electricity,streets,and natural gas facilities,which will proceed from the east to the west of the city in a sequential manner. 33 Sugar House: The major housing strategies of the plan are the resolution of land use and zoning conflicts,implementation of housing preservation target areas, and the creation of historic and conservation districts. The plan recommends specific areas be designated housing redevelopment opportunity areas. Par- ticular locations for new medium density and medium-high density housing opportunites are supported along with the introduction of a new urban residential neighborhood within the existing Sugar House Business District. Westside: The goal of the 1972 plan was to preserve and upgrade existing housing stock and maintain neighborhood identity and encourage the single family dwelling tradition. Issues the current update will address are: 1)need for infill and redevelopment of existing sites, 2)maintenance of existing structures,utiliz- ing voluntary code enforcement,and 3) conformance of zoning with the master plan update. Implementers • Planning Division,Planning Commission O City Council,Salt Lake Association of Community Councils,Community Councils Funding * General Fund(within present budget) Priority/Time Schedule Priority: 1 Time Schedule: In process 34 3. CODES AND INSPECTION PROGRAMS 11. Residential Code Development and Inspection Standardization Actions: III.B.1.a.-d. Program Description Building and Housing Services is in the process of developing a residential rehabilitation code for Salt Lake City. It will be designed to grant flexibility in repair- ing and remodeling existing housing in Salt Lake City. In addition to producing this code,the following continuing steps will be taken to standardize codes and inform housing agencies and community groups about code requirements: 1. Develop a Residential Construction Code Manual for homeowners,builders,and housing inspectors which describes procedures for obtaining permits and tells how codes are applied. Provide copies of the manual to housing agencies,community groups,and to contractors,as well as updates. Run continuing and special articles in the quarterly housing newsletter about code items. Involve housing and citizen groups in the code adoption process for any major changes to the building and housing codes. 2. Keep a summary of code changes,listing changed requirements and date changed. 3. Document special exceptions made by the Housing Advisory and Appeals Board including ceiling height and size of windows. 4. Survey other cities'requirements when special code questions arise. Gather information about their code inspection programs. 5. Educate the public regarding why codes and building permits are necessary,what the enforcement programs are,and how enforcement funds are spent. 6. Complete safety from earthquakes in all buildings would be a very desirable goal. Unfortunately,because of the cost,the City cannot require retrofitting of all existing structures. At this time the City chould conduct a review of actions related to existing buildings which will better protect safety of the public in the event of major earthquakes. Identify and implement code changes which are economically feasible for different types of existing structures. Implementers • Building and Housing Services,Permits and Licensing O Housing Advisory and Appeals Board,Redevelopment Agency,Neighborhood Housing Services,Assist > Fire Department Funding * General Fund(handle within present budget and staffing) (Charge fee for the Residential Construction Code Manual) 36 Priority/Time Schedule Priority: 2 Time Schedule: In process The Code Manual,summary of code changes,and list of special exceptions have all been begun. The timeline for issuance of Residential Construction Code Manual is late 1990. 37 12. Rental Inspection Actions: I.A.1.b.,III.C.1.a.,VII.C.1.a. Program Description The Rental Inspection program would extend the scope of the Apartment License program,which now applies to 5 and more units,to initially include con- dominiums which are rented and boarding and rooming houses. It would require a yearly license fee and inspection,with the owner made responsible for repairs to bring the rental unit to minimum code. All fees collected for rental housing license fees would be used to fund inspection activities. Implementation of the program requires an ordinance change by the City Council. Implementers • City Council,Building and Housing Services Funding The cost will vary depending on the scope and process of the program. The fees will be set to cover the cost of the program. — Inspection fee No.units involved: Staff costs,including benefits: Equipment and transportation Overhead Priority/Time Schedule Priority: 3 Time Schedule: Intermediate(implement within 2-4 years) Building and Housing will submit a proposal to upgrade the Apartment License program during the 1990-91 City budget process. The proposed program will not include all rentals. 38 13. Residential Demolition Policy Actions: III.E.1.a.,IV.B.1.a. Program Description In 1985 the City Council passed an ordinance requiring owners to secure a permit for replacement use or submit a landscape plan prior to demolition. (Histori- cal buildings are governed by the City's historic requirements.) The City will adopt a revised Demolition Ordinance with the following provisions: 1. No demolition permit can be issued until a permit for the replacement use has been issued,or a landscaping plan for the site. a. The Building Official may order immediate removal of a building because of hazardous conditions and thereby waive the landscaping requirement. Owners proposing to demolish residential properties may appeal to the Housing Advisory and Appeals Board for a landscape waiver. The City must establish guidelines and criteria to evaluate waiver requests uniformly. 2. For residential demolitions resulting in a vacant lot or landscaped lot in a residential zoning district, the City will notify owners and residents within 600 feet of the proposed demolition and the recognized Community Council 30 days prior to issuing the demolition permit. 3. Fee for demolitions will be a scale based on the cost of demolition. It is the City's policy to conserve housing stock while protecting the public from hazardous buildings and acknowledging private property rights. The revised demolition ordinance will help meet these objectives. In order to take steps to preserve a minimum quantity of residential units,the City will research feasibility of adopting a residential stabilization ordinance. Implementers • City Council O Housing Advisory and Appeals Board,Planning Commission,Building and Housing Services,Planning Division,Community Councils Funding * General Fund Priority/Time Schedule Priority: 2 Time Schedule: In process (present ordinance is being modified;contact Building and Housing for details). 39 14. Crime Prevention Through Environmental Design (CPTED) and Codes Actions: II.G.2.a.,II.G3.a. Program Description The Uniform Building Code does not require security locks,and the City has not adopted a security code. The program addresses not only the ways through which security standards can reduce crime but how including environmental design considerations in planning buildings and developments can cut crime dramatically. The proposals affect not only new construction,but include some aspects of existing buildings and neighborhoods. Adoption of Security Code Minimum security standards for new construction would be adopted affecting doors,windows,lighting,and house address which would afford greater security in buildings. Existing apartment buildings would be required to have locks on apartment doors. Voluntary standards for existing residential structures(other than apartments)would be adopted. In determining provisions to be adopted,the ICBO Security Code and the codes of other states would be analyzed,par- ticularly those of California and Texas. Any code adopted would require approval by the State of Utah,Board of Contractors. Crime Prevention Through Environmental Design(CPTED) The CPTED program will integrate natural approaches to crime prevention into building design and neighborhood planning. One natural approach is to design buildings and improvements to provide for natural surveillance. This will require cooperation between Crime Prevention,Building and Housing,Per- mits and Licensing,and Traffic Engineering in particular in planning and conducting CPTED reviews for new projects. The primary implementers will plan a one-half day seminar for designers and architects. For existing neighborhoods,it will involve City departments and neighborhood groups in identifying changes which can be made to reduce crime. A major ob- ject is to get people in neighborhoods to make changes themselves in lighting,shrubbery,and fencing. The Police Department has an ongoing crime prevention program to promote citizen awareness and involvement. The program includes Neighborhood Watch,home security checks,and citizen training. Increased police patrol is also needed in the neighborhoods to support citizens'efforts. • Implementers • Crime Prevention O Planning Division,Permits and Licensing,Building and Housing Services,Public Works,Parks,Salt Lake Association of Community Councils, Community Councils > American Institute of Architects,landscape architects Funding Adoption of Security Code: General Fund Crime Prevention Through Environmental Design General Fund 1990-91 budget request includes crime prevention personnel and increased patrol officers. 40 Priority/Time Schedule Priority: 1 Time Schedule: Priority implementation within 0-2 years Note: Some steps are in process. 41 4. INFORMATION, MARKETING,AND COORDINATION 15. Market Analysis Actions: IA.2.a.,IX.A.2.a. Program Description A market analysis would provide information on supply and demand of housing necessary to make sound decisions for housing planning and targeting City housing monies into the most appropriate areas. The market analysis would include gathering the following information: A. Housing Supply C. Housing Demand D. Citizen Survey of Housing Preferences 1. New Construction 1. Demographic Characteristics E. Conclusions and Recommendations 2. Existing Units 2. Income and Employment 3. Special Needs Groups 3. Characteristics of Homebuyers B. Residential Vacancy 4. Demand for Special Needs Housing Implementers • Community and Economic Development > Housing Authority Funding CDGB or General Fund Priority/Time Schedule Priority: 4 Time Schedule: Long term(implement in 4+ years) 42 16. Housing Condition Survey Actions: IX.A.4.a. Program Description The last citywide survey of the condition of all residential structures was made during 1980-1982. An exterior inspection was made of all buildings,and a land use data base initiated which included the condition rating. Since 1982,updates have been entered only for new construction and demolition. The land data base is considerably outdated,since aging of structures and lack of maintenance would lower the condition of many buildings,while private and publicly as- sisted renovations would have improved the condition of others. This information is not currently reflected by the data base. Coordination of land use records and inspection activities of Building and Housing could result in annual updating of approximately 8%of the city's residen- tial structures. The approximate number of building condition ratings which could be made annually with no staff increase are: Apartment License program 2,000 Remodeling permits 4,000 Housing enforcement 3,000 Other? (New construction is condition 1) A current, continuously updated,condition data base is needed for planning purposes such as determining CD target areas,selecting suitable communities for Neighborhood Housing Services,land use and housing planning, and Community Development Corporation projects. It can also serve as a means for evaluat- ing effectiveness of all housing rehab programs. Statistics for substandard housing are required in HUD reports such as the Housing Assistance Plan,and are essential to a meaningful definition of slums and blight,as used in reports to HUD. These reports are important because of their impact on grants received by the City from the federal government. A well managed housing condition program would enable the city to compare housing conditions over time,plan rehabilitation and improvement programs to be most effective,and provide current information on which to evaluate effectiveness of rehabilitation programs. The steps in instituting a current housing condition survey are: 1. Establish the criteria for rating building condition and determining what is substandard. 2. Hire and train staff who will make inspections of all residential structures. 3. Enter ratings on the GIS(Geographic Information System) data base. • 4. In the future,enter not only demolitions and new construction,but condition ratings for structures repaired through routine housing inspections and per- mits for remodeling,as well as rehabilitated through City programs. 5. Issue periodic annual reports on the citywide condition of housing. Implementors • Community and Economic Development o Assist Funding * CDBG grant $38,000 43 * Redevelopment Agency $38,000 * General Fund $38,000 Time Schedule/Priority Priority: 1 Time Schedule: Priority implementation within 0-2 years Make citywide survey during 1990-1991 Establish updating procedure for maintaining current information by respective City agencies. Update through cycle system (cover city by rotating condition ratings so that condition summaries are issued on a yearly basis rather than at intervals of decades or longer). Data base will also be updated when building permits are issued or housing enforcement cases are conducted. 44 17. Coordination, Monitoring, and Public Relations Actions I.D.1.a.,I.E.1.a.,V.B.1.a.,V.C.1.a.,V.C.2.a.,VI.C.1.b.,VIII.A.2.a.,IX.A.1.a.-b.,IX.B.1.a:b. Program Description This program calls for the coordination of zoning,land use policy,housing enforcement,and housing development programs through the Department of Com- munity and Economic Development. Regular meetings will be held to coordinate the Planning Division,Building and Housing,Housing Authority,and Redevelopment Agency divisions. Housing policies will be implemented and publicized. The Coordinator will ensure that housing programs have focus,and particularly that target area projects are coordinated. He/she will utilize the Housing Ad- visory and Appeals Board to review housing policies and make recommendations on procedures. In addition,coordination with the Board of Adjustment, Planning Commission,Community Development Advisory Committee,and the community will be very critical. The City will continuously monitor and evaluate the effectiveness of all programs,particularly those involving federal or City funds. Standard reporting require- ments will be set up,so that all housing assistance programs will report the percent of low income households served,etc. The City will develop a meaningful and effective definition of substandard,slums and blight,and coordinate it with the housing condition survey plans and housing programs. Because of the importance of preserving existing housing,the City will place priority on rehabilitation and repair programs. Increased attention will be given to means of protecting the public from earthquakes and environment hazards. The City will continuously support energy conservation programs. Housing Clearinghouse. The Department of Community and Economic Development will operate a Housing Clearinghouse,providing in particular the follow- ing information: 1. Housing-related agencies operating in Salt Lake City,descriptions of their current programs, and information about proposed programs. 2. Funding sources—national,state,and local,especially CDBG. Information on private sources,such as foundations,LISC(Local Initiatives Support Corp.). 3. Schedule of housing-related meetings,on local,regional,and national level. 4. Information on earthquake preparedness and means of retrofitting existing buildings for greater earthquake safety. 5. Energy conservation measures. 6. Fair housing information Quarterly newsletter. A quarterly newsletter will be issued,with the following contents: 1. Calendar: Advance calendar of housing events,local and national 2. City Council: Actions taken affecting housing,scheduled matters related to housing 3. HAAB Happenings: Decisions and plans of the Housing Advisory and Appeals Board 4. Housing Authority: Activities,new programs 5. Redevelopment Agency: Activities,new programs 45 6. Housing Services Directory: Name of housing organizations,address,phone number,and brief description of activities or services 7. Mayor's Message 8. National housing news and programs,including HUD changes 9. Planning Commission: Activities, decisions. 10. Historic activities 11. R/UDAT: Activities of committees,especially Housing Subcommittee , 12. Fair Housing Information 13. Means of providing more safety from earthquakes in existing buildings. 14. Energy conservation articles and tips. Implementers • Community and Economic Development, Capital Programming and Planning O Mayor,Housing Advisory and Appeals Board, Redevelopment Agency,Building and Housing Services,Housing Authority, Planning Division,Community Development Advisory Committee,Community Action Program > Salt Lake Association of Community Councils,Community Affairs,Utah Heritage Foundation Funding * General Fund Priority/Time Schedule Priority: 1 Time Schedule: Priority implementation within 0-2 years 46 18. Marketing Salt Lake City and Its Neighborhoods Actions: II.C.1.a.,II.D.1.a.,ILE.La.,II.F.1.a. Program Description Central to goals of the City's housing policy is to reverse the trend of decrease in population,and to retain the middle class. This program will be important in meeting this goal by promoting the city and its neighborhoods as interesting,varied,and a desirable place to live and work. Emphasis will be both on renting and owning in Salt Lake City. The Market Analysis program will provide information about the kinds of housing that potential residents want,and the extent to which the current housing supply meets the demand. The Neighborhood Identification Project will provide information on neighborhood boundaries. Also,survey to find out what per- sonal or family situations trigger location(moving) decisions and what are the processes through which people decide where to live. Some of these times are the initial family move into the Salt Lake area,marriages,family dissolution(such as through divorce),increases and decreases in number of people in the household. On what criteria do people determine their locational decisions(Le.,schools,transportation, lack of crime,etc.)7 Recommendations: 1. Find potential or desired market(and submarkets)of people likely to live in the city;tailor marketing program to them. South Salt Lake has done this very effectively. 2. Designate one City agency as responsible for promoting the city and its neighborhoods. 3. Utilize utility mailings(Salt Lake City Public Utilities,perhaps Utah Power and Light)as a means of distributing information about the city. 4. Develop a marketing program including brochures and information about the city,and also about its neighborhoods. Distribute the information to the Chamber of Commerce,realtors,and relocation agencies. 5. Emphasize historical value,attractions,services. 6. Utilize the proposed Housing Clearinghouse and Quarterly Newsletter as means of distributing information. Emphasize housing programs for owning in Salt Lake City. 7. Utilize private information(i.e.real estate). Get publisher of the pictorial guide,Homes Illustrated,to furnish location of homes for sale(by coded loca- tion). Implementers • Community and Economic Development O Chamber of Commerce,R/UDAT Housing Subcommittee,Salt Lake Association of Community Councils, Public Utilities,Salt Lake City School District, Utah Heritage Foundation,Board of Realtors Funding * General Fund 47 Priority/Time Schedule Priority: 3 Time Schedule: Intermediate(implement in 2-4 years) 48 19. User Defined Area Program Actions: ll.F.1.b. Program Description Salt Lake City will participate in the 1990 User Defined Area Program(UDAP)offered by the U.S.Census Bureau,which will provide the City with social, economic,and housing information not available in standard Census tables. It will consist of selected Census data reported on the basis of locally defined geographic areas,consisting of groups of census tracts. The data will be invaluable in planning programs to address neighborhood and housing needs,and evaluating the success of these projects. The City will consider a number of criteria in determining the geographic areas. The major criteria will be natural geographical barriers,housing charac- teristics,neighborhood organizations,school boundaries,political jurisdictions,and planning districts.It would include citizens'perceptions of their neighbor- hood boundaries from Community Progress Surveys. The City will mark the neighborhood boundaries on maps supplied by the Census Bureau and send them to the Bureau. The Census Bureau will provide the selected data in return for a fee based on Bureau costs associated with boundary determination and data preparation. Implementers • Capital Planning and Programming O Building and Housing,Planning Division,Salt Lake Association of Community Councils,neighborhood groups > Housing Authority Funding • * CDBG $3,000 * General Fund(within current budget) Priority/Time Schedule Priority: 4 Time Schedule: City determination of the geographic boundaries by June,1991. Delineation of boundaries on Census-supplied maps will start June,1991. Census Bureau will start distribution of UDAP data beginning December,1992. 49 5. NEIGHBORHOOD REVITALIZATION 20. Neighborhood Amenities and Services Actions IV.D.1.a. Program Description In addition to housing,vital neighborhoods require basic services and amenities,in the following categories: 1. Retail commercial services 2. Basic City services and public facilities(garbage pickup,street repair,public safety,etc.) 3. Recreational and leisure(parks,entertainment) 4. Schools and educational opportunities 5. Transportation(bus service,streets,traffic patterns) First, the City should determine what services citizens want and what neighborhoods lack. The Market Analysis and User Defined Area Programs should help provide this information. Next,strategies should be developed for providing the amenities.Amenities are especially effective when combined with other programs in target areas. This planning and coordination is especially important for Neighborhood Housing Services and Community Development Corporation areas. Implementers • Capital Planning and Programming O Community Development Advisory Committee,Parks Department,Public Works,Planning and Zoning,Crime Prevention (Involve private sector in providing commercial services.) Funding * General Fund * CDBG * Capital Improvement Program Priority/Time Schedule Priority: 3 50 Time Schedule: In process 21. Target Area Revitalization Actions: IV.D.2.a:b.,VII.B.2.a-b. Program Description In order to be effective,neighborhood revitalization efforts must be focused on CD target areas.The individual programs in this housing policy could be employed in target areas,particularly those in the Housing Repair and Ownership chapter. The components to be focused would specifically be geared to the needs of the CD target areas,but would include: 1. Housing programs,particularly the Housing Rehabilitation program of the Redevelopment Agency and possibly NHS. 2. Code enforcement(housing and zoning) 3. Capital improvements(streets,parks,etc.) In addition to choosing and focusing on CD target areas,it is vital that the target area efforts be coordinated. Private investment in the area is the key,and will be stimulated by the provision of increased public improvements and resources. Target area planning can include designation of particular blocks as demonstration or pilot programs,or as anchor blocks which are particularly important to a neighborhood. Strong and effective—but flexible—code enforcement is essential to the revitalization of target neighborhoods. The purpose is not to relax City code enforce- ment standards,but to make a special effort to use codes to assist rehabilitation. In conjunction with programs in Chapter 3, Codes and Inspection Programs, code enforcement can be tailored to characteristics of older or target neighborhoods by: 1. Conducting the inspection on various levels,such as exterior only versus complete interior and exterior inspection. 2. Developing a hierarchy of code citations to accompany the inspection levels,and placing emphasis on correction of life-safety conditions. 3. Holding case conference sessions between Building and Housing Services,Redevelopment Agency,etc.,(and the owner?) to see how special exceptions might assist the owner in completing the repairs,and in reducing the overall cost of the repairs. 4. Utilizing selective demolition. Implementers • Community and Economic Development,City Council O Mayor,Redevelopment Agency,Building and Housing Services,Planning Division,Capital Planning and Programming,Community Development Corpora- tion,Salt Lake Association of Community Councils,Community Councils,Community Development Advisory Committee,Neighborhood Housing Services, Assist,Parks,Utah Heritage Foundation. 51 • Funding * CDBG,including Building and Housing Board and Secure * Community Investment Fund * Utah Heritage Foundation Revolving Fund • * HUD—$1 homes Priority/Time Schedule Priority: 2 Time Schedule: Short term(implement in 0-2 years) 52 22. Community Development Corporations (CDCs) Actions: IV.A.1.a.,V.C.3.a.,VII.F.1.a. Program Description Particularly through the efforts of the R/UDAT Housing Subcommittee, the interest and knowledge of residents and City agency employees has been raised concerning the advantages of community development corporations(CDCs). A number of these organizations were initiated in urban areas in the 1960s,and have revitalized neighborhoods through focused grassroots efforts which address housing,capital improvements,and other aspects of creating vital neighbor- hoods. As nonprofit neighborhood-based organizations,several new sources of funding are available that cities cannot qualify for, including federal rehab funds,and loans and donations from national foundations or local corporations. On May 16, 1989 the Salt Lake City Council appropriated to SLACC$80,000 of Fiscal Year 1989-90 CD funds for starting a CDC to SLACC,later augmented with $71,649 CDBG slippage funds. A committee of citizens has met on a weekly basis to discuss the need for and feasibility of forming a CDC,and issued a report with their recommendations. Utilizing a model block approach,each of the 8 Community Councils will designate a minimum of 3 CDC blocks as top priorities for housing rehabilitation—particularly of vacant and boarded-up properties—cleanup,and infill. The Board of Trustees will consist of 8 community council members,two representatives of SLACC(one from each Community Council district),and up to 5 technical advisors. It will select the neighborhoods where the CDC will function and determine the scope of the projects. If the first CDC is successful,other neighborhood groups are expected to be created. Implementers • Salt Lake Association of Community Councils O Community Councils,Assist Funding * CDBG—$151,649(appropriated by City Council) * HUD: $1 HUD Homes program and expected national legislation * corporations,banks,foundations * Rental Rehab • Priority/Time Schedule Priority: 2 Time Schedule: In process 53 23. Neighborhood/Ethnic Fairs and Arts Activities Actions: II.F.2.a. Program Description Neighborhood fairs are an important activity in revitalizing neighborhoods. Fairs are currently held in the Avenues,Central City,and Westside(Chapman Street Fair). The State Arts Council and City Arts Council will cosponsor the Living Traditions Festival in May 1990. Through joint efforts of the City Arts Council and neighborhood groups,additional fairs can be held. Many artists are available to work with neighborhood groups in such projects as painting murals. (National experience has shown that vandals generally do not paint graffiti over murals.) The Arts Council can lend support and technical assistance, and funding can be requested from the Neighborhood Self-help Grants. The City should encourage the continued development of the downtown cultural dis- trict,including the addition of more live/work space within the area. In this way housing not only solves the need for shelter,but creates an amenity for economic development. Other activities which will help draw people downtown,or to neighborhoods,are: 1. Publicizing of activities for all age groups,including targeting of advertising to seniors. 2. Improved bus service during nighttime and on Sundays. Implementers • Arts Council,Salt Lake Association of Community Councils,Artspace O Community Councils,Neighborhood Housing Services,community groups Funding * Neighborhood Self-help Grants up to$1,800 per grant * City grant for artists to work with Westside youth $10,000 (one time) * State Arts Council(available only to incorporated organizations) * City Arts Council Priority/Time Schedule Priority: 4 Time Schedule: In process 54 6. FINANCING HOME REPAIR AND OWNERSHIP 24. Mortgage Counseling Actions: VII.E.1.a. Program Description Mortgage counseling services offer three types of assistance: 1. Counseling to provide advice to homeowners facing a default on their house. 2. Counseling to households considering a home purchase or major loan for home rehabilitation. 3. Loans to enable low and moderate income homeowners in default due to temporary circumstances to keep up their payments. The Mortgage Counseling Program will seek to increase funding for these activities. Implementers • Community Action Program,Neighborhood Housing Services O private lenders,Capital Planning and Programming,Help Save Homes Funding 1. Housing counseling program operated by CAP: Salt Lake City CDBG request $23,000 FEMA direct rent/mortgage assistance $25,000 HUD mortgage counseling $26,000 2. Neighborhood Reinvestment Corporation,housing counseling and direct assistance (request in process) Priority/Time Schedule Priority: 2 Time Schedule: In process 55 . 25. Leveraging and Increasing Funds Actions V.D.1.a.-b.,VIA.1.a.,VI.B.1.a.,VI.C.1.a. Program Description Proposed strategies for increasing home purchase,construction,and repair funds are: 1. Bank participation by leveraging City funds—negotiate with banks with which City funds are placed to loan for specific projects,such as CDC. 2. Community Reinvestment Act—update studies of loan placements in Salt Lake County;file reports with banks whose loan profiles are unsatisfactory. Work with Community Relations Officer of Federal Reserve Bank of San Francisco,who is preparing a report on meeting credit needs of the Salt Lake area,in identifying steps banks can take. 3. Information on funding sources—through the Housing Clearinghouse,maintain up-to-date information on government and private funding sources for housing ownership and repair and energy conservation. 4. Lobby for state financing of housing purchase and renovation and for financing of the enforcement of State Fair Housing Legislation. The City will continue emphasis on assisting the homeless and providing means for many to make the transition to more permanent housing by pursuing fund- ing through the McKinney Act and HUD. Of particular importance is funding to support Single Room Occupancy residential hotels(SROs). Waiting lists for housing assistance along the Wasatch Front are closed due to the large number of applicants and the lack of programs and funds to serve them. All agencies dealing with low income,moderate income,and/or homeless issues should be aggressive in applying for federal,state and private funds to create more affordable housing solutions in our area. Implementers • Redevelopment Board,Mayor, Community Action Program,Community and Economic Development,Housing Authority O Citizens Congress,Salt Lake Association of Community Councils,Community Councils,Travelers Aid Funding * General Fund(handle within present budget) Priority/Time Schedule Priority: 2 Time Schedule: Short term(implement in 0-2 years) 56 7. LEGAL AND COURTS 26. Fit Premises Ordinance Actions: VIII.A.1.a.-b. Program Description Salt Lake City is experiencing a severe problem with the condition of housing units,particularly those owned by absentee landlords. At the same time, landlords are experiencing difficulty with tenants destroying property and failing to pay rent. Salt Lake City could approve and implement a fit premises or- dinance through the following procedure: 1. Determine provisions(basic content) through meeting of Mayor and selected staff members,and representatives of the Landlord-Tenant Task Force. 2. Gather information from other cities,through securing copies of laws,telephone galls,and visits to selected cities,to determine how well their landlord/tenant programs are working. 3. Draft proposed ordinance(by City Attorney,or revise existing proposals). 4. Hold public hearing,and place before City Council for vote. Through the process of holding the housing conference and drafting policy,many citizens have asserted that neither landlords nor tenants know their rights and responsibilities. These information steps will be taken: 1. Public service announcements(radio and TV) telling listeners where they can obtain landlord/tenant information. 2. Expansion and enhancement of the Legal Services booklet for tenants. 3. Videos on requirements of fit premises and landlord/tenant relations for use of community groups. Implementers • Mayor,City Council O City Attorney,Community Action Program,Utah Legal Services,Citizens Congress,Community Councils,Apartment Association,Housing Authority Funding * General Fund(whether handled within present budget depends on scope of program) Priority/Time Schedule Priority: 2 Time Schedule: In process 57 27. Housing Court • Actions: III.D.1.a. Program Description The need for a housing court has been brought up many times in recent years in Salt Lake City. Other cities find that such courts enable judges to become more expert in housing matters,and that housing cases are not downgraded by being mixed with cases dealing with capital crimes. Some cities use an administrative process for hearing housing cases through a hearings officer. This program calls for setting up a task force to determine if the judicial process should be revised,and if so, determining means for the Law and Justice Center to implement it. The task force should consist of repre- sentatives from the City Attorney,City Prosecutor,Building and Housing,and the Housing Advisory and Appeals Board. Implementers • Building and Housing Services,City Attorney, City Prosecutor Funding * Law and Justice Center Priority/Time Schedule Priority: 4 Time Schedule: Intermediate(implement in 2-4 years) 58 8. SPECIFIC PROJECTS 28a. Block 49, Plat A Actions: I.B.2.a. The purpose of this program is to complete the Pioneer Village project located on the block bound by 200-300 West and 300-400 South. The project was originally designed as 305 one and two bedroom moderate income apartment units. The developer,BoNo Development,began construction in 1986 on two of the four apartment complexes representing 167 units. The work was halted over three years ago and the developer has filed for bankruptcy under Chapter 11. The project represents a unique opportunity to recast the improvements into a unique multiuse project. The City,through the Redevelopment Agency,still owns land at the site, and the uncompleted buildings could be redesigned to accommodate a range of housing types including single resident occupancy units to three bedroom apartments, in addition to artist studios,and low intensity retail uses along certain of the building ground floor areas. A major failure and criticism of the original project design was the site plan and buildingdesign which failed to meet sound planning and residential design principles. The recast project could correct many of those complaints and fit well into the R/UDAT recommendations for housing in the cultural district. Preliminary analysis indicates that for a project that is 100 percent affordable(defined for tenants whose incomes are below 50 percent of median income),be- tween$2-3 million of equity investment will be required. Implementers City Council,Redevelopment Agency,Community and Economic Development,community development corporation,Artspace Funding The construction estimate for completing the existing structures has been determined to be approximately$6,300,000. * Multifamily housing revenue bond * Federal Enterprise Zone Program * Joint public-private venture Priority/Time Schedule Priority: 2 Time Schedule: Short term(implement in 0-2 years) 28b. Tax Increment Financing for Housing Actions: VA.1.b.-c. Utilize tax increment financing to build housing,particularly in the East Downtown and Sugar House neighborhoods. Implementers Redevelopment Agency,Redevelopment Board,Mayor Funding Amount depending upon scope of project. 59 Priority/Time Schedule Priority: 2 Time Schedule: Short term(implement in 0-2 years) 28c. Urban Homesteading Actions: VII.D.1.a. Through the Urban Homesteading program,homeownership opportunities are available in selected neighborhoods. The program is a cooperative effort be- tween HUD and local governments through which vacant houses owned by HUD and the VA are transferred to local governments,who in turn transfer them at nominal or no cost to homesteaders. The new owners agree to repair them within three years and live in them for a minimum of five years. Ten to fifteen homes will be occupied through the City's Homesteading Program in 1990. The purpose of this program is to secure more homes for upcoming years—the number is limited by HUD allocations. Implementers Capital Programming and Planning,Redevelopment Agency,Community Development Corporation PriorityiTime Schedule Priority: 2 - Time Schedule: Short term(implement in 0-2 years) 60 A. Definitions area median income—The median income of households living in the Salt Lake City-Ogden Metropolitan Statistical Area as designated by the Census Bureau. CD target areas—Neighborhood areas in which Community Development Block Grant funds and efforts are concentrated. These areas are identified in the City's Community Development Plan 1988-1992. conservation districts—Visually cohesive housing areas which portray a sense of character through the quality and uniformity of their design and setting. community development corporation—Neighborhood based organizations for effecting community change which began springing up in the 1950s and 60s. They are usually nonprofit and have as their basic purpose the promotion of housing and/or economic development. In this document CDC/SLACC refers to the community development corporation initiated in 1990 by the City Council through start-up funds to SLACC. Community Reinvestment Act(CRA)—A federal law enacted in 1977 which requires that banks serve the credit needs of their communities. Yearly each bank with assets over$10 million is required to file a CRA statement;every bank making FHA,VA,Farm Home,home improvement loans,or multiple dwelling loans regulated by the federal government is required to file a Home Mortgage Disclosure report. Fair Housing—In 1988 Congress passed amendments to the Fair Housing Act of 1968,adding family status and handicapped to the list of non-discrimination categories.Utah has passed a Fair Housing law but it has not been certified by HUD nor given funding for enforcement by the State Legislature. Housing Assistance Plan(HAP) —A report to HUD in which condition of housing as well as the housing assistance needs of its low and moderate income households is given. Goals are defined for providing housing assistance through HUD,state,and local programs. historic districts—Areas with outstanding unifying architectural and/or historical characteristics. low and moderate income—A household whose total income does not exceed 80 percent of the area median income. A very low income family's income totals less than 50 percent of the area income. single room occupancy(SRO) —A residential property in which some or all of the dwelling units do not contain individual bathroom or kitchen facilities,but have access to bathroom facilities;often called a residential hoteL Urban Homesteading Program—A federal program designed to use existing housing stock to provide homeownership opportunities and assist in the preserva- tion of selected neighborhoods. Local governments with approved programs transfer properties in designated neighborhoods to eligible individuals or families for a $1 fee. 61 B. FUNDING SOURCES AND PROCEDURES The programs below were listed as funding sources for programs in the housing policy. Community Development Block Grant (CDBG) Block grant funds are allocated by Congress and distributed per a formula based primarily on population,minority proportion,and age and condition of hous- ing. The activities should principally benefit low and moderate income persons,address community slums and blight,or address urgent community needs. The funding process begins with proposals being submitted to the Community Development Planner,which are reviewed by the Community Development Advisory Committee and by the Housing Advisory and Appeals Board and the Planning Commission. Staff members from various departments also meet to review the proposals and make a report to the Mayor,who makes his recommendations to the City Council in May. The City Council makes the final funding decisions. Community Investment Fund (CIF) The thrift bailout legislation required Federal Home Loan Banks(FHLBs) to set aside a percent of annual profits for local affordable housing. Our 12th Dis- trict FHLB,located in Seattle,has developed the Community Investment Fund(CIF),through which it makes loans to stable savings and loans for financing af- fordable housing and for community development. The FHLB approves loans at favorable rates for projects that increase,sustain,or improve housing opportunities for low and moderate income families. Capital Improvement Program (CIP) Salt Lake City budgets all Capital Improvements in this special fund,which is funded from a variety of funding sources,including an appropriation from the General Fund. The process begins by City departments submitting proposals to Capital Planning and Programming,which compiles a preliminary project schedule for review by the Capital Improvement Program Team. The Mayor reviews the projects and makes his recommendation as part of the fiscal year's recommended budget. After final review, the City Council adopts the annual Capital Improvement Budget. Federal Emergency Management Agency (FEMA) Rent/mortgage assistance to prevent eviction is distributed through the Emergency Food and Shelter Program of FEMA. It is available for families with children,elderly,and disabled individuals who have an eviction/foreclosure notice from a landlord or mortgage institution. General Fund (GF) This is the basic operating budget of the City. Sources of revenue are sales and property tax receipts,and fees. The respective City departments submit their budget requests to the City Council in May of each year. HUD $1 Homes Under its sale/lease program,HUD has four ways that nonprofit organizations may acquire HUD properties: 1)purchase at 90 percent of current value before property is advertised to the general public, 2)acquire on a lease-sale option up to six months at$1, 3)lease properties for up to 12 months at$1 and pay maintenance and utilities,and 4)rent dwellings at current fair market rents. historic tax credits A 20 percent credit on federal income tax is available for rehabilitation of income-producing residential properties which are on the National Register. (A 10 percent tax credit is available for buildings not on the National Register but it only applies to nonresidential properties.) 62 low income tax credits Two types of credit are available on federal taxes. A 9 percent credit is available for new construction or substantial rehabilitation for those which have no other federal assistance,and a 4 percent credit for those which have other federal assistance. Credits are claimed annually for a 10 year period. The units must remain low income for a 15 year compliance period. The Utah Housing Finance Agency is the designated administrator of the program in Utah. Rental Rehab Salt Lake City receives HUD grants for rehabilitation of rental property. Generally,an average of$5,000-$8,5000 is available to owners who match the grant. After rehab,70 to 100 percent of the units must be occupied by low-income families. The Housing Conservation Division of the Redevelopment Agency ad- ministers the funds. Resolution Trust Corporation (RTC) The thrift bailout legislation mandated that RTC,the agency set up to liquidate insolvent savings and loans,must offer low income buyers,nonprofits,and public organizations the right of first refusal to buy properties held by the thrifts. Few of the properties offered so far in our area are suitable for low or moderate income housing. Section 312 Rehabilitation Loans The 312 program provides direct loans for financing rehabilitation of residential and non-residential property. Unfortunately,for several years Congress has not allocated new funding for the program. The City's Redevelopment Agency uses payback amounts from the program combined with other funding in its housing rehabilitation program. tax increment financing Tax increment financing programs use the increased property tax revenues generated by a redevelopment project to finance a portion of the costs associated with the project. Tax increment has been used by a great many cities to improve neighborhoods and increase the stock of affordable housing. Utah Heritage Foundation Revolving Fund (UHFRF) Low and moderate income persons are assisted in buying properties which are listed—or eligible for listing—on the State or National Registers. Loans of ap- proximately$2,000 are made at below-market interest rates to supplement a purchaser's downpayment,or to pay for repairs necessary before a conventional mortgage loan can be secured. Utah Department of Community and Economic Development Through its critical needs housing program,funded by the Legislature from general revenues,UDC&ED issues grants from$5,000 to$20,000 for serving low-in- come and transitional housing needs. Most of the awards have been to projects which heavily leverage other funds heavily. Proposals are submitted each year in the beginning of May. Utah Housing Finance-authorized mortgage bonds When authorized by UHF,the City Redevelopment Agency may issue mortgage bonds for rehabilitation of low and moderate income housing. Salt Lake citizens are also eligible for UHF home mortgage loans from private lenders who have received allocations for the UHF program. 63 1 MIKE ZUHL SALT.LA11E CITY C.ORPORATIONf LEE KING s• . INTERIM DIRECTOR ''• _- - •- . .. - �a a .,os s�.•.»� a DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT , 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council June 5, 1990 Re: Adding the Anthony H. Godbe House as a City Landmark Site Recommendation: That the City Council hold a public hearing on JCL1/ !4' 1990 at 6:40 p.m. to discuss adding the Anthony H. Godbe House at 943 East South Temple as a City Landmark Site. Availability of Funds: Not applicable. Discussion and Background: The Anthony H. Godbe home is located at 943 East South Temple. The new owners are interested in restoring the house and turning it into a "Bed and Breakfast" facility. In order for the property to be operated as a "Bed and Breakfast" facility a conditional use permit from the Board of Adjustment would be necessary. The home is located in the South Temple Historic District but in order to receive a conditional use permit the home must be listed as "site specific" on the Register of Cultural Resources. The Historical Landmark Committee and the Planning Commission have reviewed this request and have recommended approval for the house to be listed as a City Landmark Site. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: AT. MICHAEL B. Z Interim Director Community & Economic Development SALT LAKE CITY ORDINANCE No. of 1990 ( Adding the Anthony H. Godbe House at 943 East South Temple as a City Landmark Site) AN ORDINANCE AMENDING SECTION 21 . 74. 140(B) , SALT LAKE CITY CODE, ADDING THE ANTHONY H. GODBE HOUSE AT 943 EAST SOUTH TEMPLE AS A LANDMARK SITE. WHEREAS, the City Council has held hearings before its own body and before the Historical Landmark Committee and the Planning Commission concerning the addition of the Anthony H. Godbe house at 943 East South Temple to the list of City landmark sites; and WHEREAS, the City Council believes it appropriate to add the Godbe house to the list as a landmark site; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21 . 74. 140( B) , Salt Lake City Code, be amended by adding a new subsection 43 to read as follows: 21.74. 140 City landmark sites. B. City at large. ( 43 ) Anthony H. Godbe house 943 East South Temple Salt Lake City, Utah SECTION 2. EFFECTIVE DATE. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: %CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990. Published: BRB: rc -2- SALT'LAKE-CITY GORPORATIQ v ALLEN C. JOHNSON, AICP - '- HISTORICAL LANDHARK ALANNrIG CALL FOP oCOMITILE dEILEEPS WILLIAM T. WRIGHT. AICP COMMUNITY AND ECONOMIC DEVELOPMENT MICHAEL J. STRANSKY DE=,-', DHECTOR PLANNING DIVISION HAROLD CHRISTENSEN EP'`'SOR`°`,G ".`E PLA`AACG Historical Landmark Committee W. RANDALL DIXON A '',,REAR DES..GC. LINDA EDEIKEN WII_1 IAM H. SCHWAB 451 SOUL H S I A I L- STREET PETER duPONT EMERSON 1':E SERVATIor.PLANNER ROOM 406, CITY AND COUNTY BUILDING SIEVE ENGLAND PAMELA GRUBAUGI -1_ITTIG JEAN POWERS-MULLEN SALT LAKE CITY, U T AH 841 1 1 RANCH S. KIMBALL i-- AR TELEPHONL 1,3 -7757 LYLE KNUDSEN RALPH P. NEILSON DR. J. LOUIS SCHRICKER GRACE SPERRY May 22, 1990 M. LOUIS ULRICH Mike Zuhl, Interim Director Community & Economic Development 218 CiLy and County Building Salt Lake City, UT 84111 Re: Nomination to the Salt Lake City Register of Cultural. Resources Enclosed is the nomination to the Salt Lake City Register of Cultural Resources of the Anthony H. Codbe House (1906) at 943 East South Temple . The Historical Landmark Committee and the Planning Commission have both reviewed this nomination and recommend placement on the Register . Also enclosed is the historical and architectural information pertaining to this house. A public hearing before the City Council will be required prior to placement on the Salt Lake City Register . If you have any questions, please contact me or Bil Schwab at 535-7758 . Sincerely, Allen C.' Johnson, AICP Planning Direcy, r ACJ/BS/pm encls SALT LAKE CITY PLANNING CCt"MTSSION Minutes of the meeting held April 19, 1990 at 451 South State Street, Room 126 Present from the Planning Commission were Vice Chairperson Richard J. Howa, John Schumann, Tom Ellison, George Nicolatus, Cindy Cromer, Dan Bethel, Lynn Beckstead and Vicki Palacios. LaVone Liddle-Gamonal, Ralph Neilson and Ralph Becker were excused. Present from the Planning Staff were Planning Director Allen Johnson, Bill Wright, Bil Schwab, Doug Dansie, Allen Fawcett and Terry Wirth. A roll is being kept with the minutes of all who attended the Planning Commission meting. The meeting was called to order by Mr. Howa at 5:00 p.m. The minutes are presented in agenda order, not necessarily as presented at the meeting. APPROVAL OF MINUTES Mr. Schumann moved to approve the minutes of Thursday, April 5, 1990 as presented. Mr. Nicolatus seconded the motion; all voted "Aye" with the exception of Ms. Cromer who abstained from the vote. The motion passes. Mr. Howa requested the record reflect that this action needed ratification of a full bcdy. HISICRICAL LANDMARK CASE NO. 864 Mr. Bil Schwab stated that this matter had been heard by the Historical Landmark Committee on March 7, 1990. Mr. Schwab stated that the Historical Landmark Conunittec recommended nomination of the Anthony H. Godbe house at 943 East South Temple to the Salt Lake City Register of Cultural Resources. He added that a discussion had taken place at the Historical Landmark meeting regarding a "site specific" nomination rather than merely including the house in the South Temple Historical District. He explained that the Historical Landmark Conunitte had voted five to three for the "site specific" nomination to the Register. Ms. Holli Adams, representing Douglas and Buffi King, the applicants, stated that the original information she received from the Historical Preservation Society was incorrect. She stated that the house had been inventoried incorrectly, which had probably caused this house to be overlooked originally. Ms. Adams stated that the house had been built in 1906 by B. 0. Mecklenburg, a popular architect in the early 1900's. This house is situated on a prominent corner site and is very similar to the two house immediately east of it, also built by Mr. Mecklenburg. The exterior of the building has remained relatively unchanged throughout the years. The careful restoration of the highly visible corner residence would not only preserve but also promote the PC MEETING April 19, 1990 Page 2 continuity and historical importance of the block which is part of the South Temple Historical District. Ms. Adams gave a detailed history of the inhabitants of the house and their contributions to the City as well as a description of the interior and exterior of the structure. Ms. Adams then passed around pictures of the house. Ms. Cromer asked if the nomination of this structure to the Register was needed in order for it to be allowed to function as a "Bed and Breakfast" facility. Mr. Schwab affirmed that in order to operate as a "Bed and Breakfast" , a conditional use permit was necessary. Mr. Schwab added that in order for this structure to be granted conditional use approval, it needed to be placed on the Register for Cultural Resources as "site specific", and not just located within the historical district. Mr. Burtch Beall, the project architect, briefly explained the proposed changes to the structure if the conditional use and the nomination to the Register are approved. Mr. Schwab stated that if the nomination to the Register is approved, the conditional use approval will come back before the Planning Commission in greater detail. Mr. Nicolatus moved to recommend to the City Council, nomination of the Anthony H. Gcdbe house at 943 East South Temple to the Salt Lake City Register of Cultural Resources. Mr. Nicolatus further moved to recommend that the City Council hold a public hearing prior to the nomination of this house to the Register. Mr. Schumann seconded the motion; all voted "Aye". The motion passes. Mr. Schumann moved to ratify the approval of the minutes of April 5, 1990 now that a full body was present. Mr. Nicolatus seconded the motion; all voted "Aye" with the exception of Ms. Cromer who abstained from the vote. The motion passes. PLANNING ISSN Briefing on the Downtown Parking Study by Deseret Architects, Consultants. Mr. Richard McCune, representing Deseret Architects, stated that they had been conducting a parking study for the Downtown area. He explained that the study area extends from 600 West to 300 East and from North Temple to 600 South Streets. Mr. 'McCune displayed a chart of the involved area reflecting the existing parking. Mr. McCune stated that of the 61 blocks in the study area, 38 blocks have inadequate parking, with 1900 fewer parking stalls than desired by the respondents of the questionnaire sent out by Deseret Architects. Mr. McCune added that in the area from South Temple to 300 South between 300 West and State Street, there is a deficit of approximately 2000 stalls. Therefore, the remainder of the blocks in the area tends to balance each other out. He added that a traffic study had been done to analyze the intersections, particularly in the Downtown core. Salt Lake City Register of Historic Places Registration Form This form Is for use In nominating or requesting determinations of eligibility for individual properties or districts. See instructions in Guidelines for Completing National Register Forms (National Register Bulletin 16). Complete each item by marking"x" in the appropriate box or by entering the requested information.If an item does not apply to the property being documented,enter"N/A"for"not applicable."For functions,styles,materials, and areas of significance, enter only the categories and subcategories listed in the instructions. For additional space use continuation sheets (Form 10-900a). Type all entries. 1. Name of Property historic name Anthony H. Godbe House other names/site number Walter G. Filer House 2. Location street & number 943 East South Temple I I not for publication city, town Salt I eke City I 1 vicinity state Utah code county Salt I eke County code zip code 84101 3. Classification Ownership of Property Category of Property Number of Resources within Property %,private building(s) Contributing Noncontributing t public-local !district buildings public-State 'site f sites Ej public-Federal structure structures object objects 2 0 Total Name of related multiple property listing: Number of contributing resources previously listed in the National Register 2- 4. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this ❑nomination n request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property i meets t 'does not meet the National Register criteria. ❑See continuation sheet. Signature of certifying official Date State or Federal agency and bureau In my opinion, the property f l meets I does not meet the National Register criteria. See continuation sheet. Signature of commenting or other official Date State or Federal agency and bureau 5. Salt Lake City Certification I, hereby, certify that this property is: 1 l entered in the National Register. See continuation sheet. determined eligible for the National Register. ❑See continuation sheet. determined not eligible for the National Register. removed from the National Register. n other, (explain:) Signature of the Keeper Date of Action G: Function or Use Historic Functions (enter categories fro, structlons) Current Functions ier categories from Instructions) Private Residence Unoccupied Rest/Retirement Home 7. Description Architectural Classification Materials (enter categories from instructions) (enter categories from instructions) foundation Sandstone, Brick, Stucco FK)\/,ATF :Fr\!C ji,;= r II .rt walls Brick H-i TC roof other Wood Stucco, Wood Siding Describe present and historic physical appearance. The detached single family residence is prominently situated on the corner of South Temple and "N" street or, a sloping site. The structure, in obeyance to the setback requirements of the area, has a large front and side yard that slopes from the buildings foundation to the sidewalks below. The house is basically cubical in form, consisting of a 2 stories with dormers at the attic to increase inhabitable space. A 2 story semi-circular bay is located near the North-West corner of the building. The 'foursquare" plan, popular in Utah from 1900 to 1920, neatly arranges the interior spaces, while the main, or South facade consists of 3 vertical and 3 horizontal divisions. The plan of the house as well as the proportions of the facade, is representative of a favored building form that can be witnessed along many important Salt Lake City streets that date between 1900 and 1920. The large sheltering hipped roof with it's deep overhangs, has three dormer windows, 1 each on the North, South and West faceades. The dormers on the South and North are original, while the west dormer was added at a later date, and does not have the same pedimented gable. The projecting masonry front porch, replacing the original neoclassical frame porch, was built in 1910, and extends the entire width of the house, and mark:; the first horizontal division of the facade, while the deep eaves below the main roof mark the second horizontal division. The projecting front porch, the roofline, and the slightly set-back main dormer create a three dimensional horizontal progression. The vertical divisions of the facade correspond with the window openings. The central vertical bay is emphasized, beginning with the steps leading to the porch, continuing with the entrance and sidelight on the first level, and the paired windows on the second level, and finally terminating with the pedimental dormer gable over the triple window at the roof. A sleeping porch, probably dating from 1910, was added to the rear of the second floor of the house. The sleeping porch, as well as the dormers, has wood siding, contrasting the heavy brick and masonry of the rest of the house. The North, East and West sides of the sleeping porch are essentially continous windows with small piers at the corners for the window jambs to meet. The addition has a simple shed roof that meets the block of the building at the eave of the hipped roof. The entire building rests upon a brick foundation that is faced on the exterior with a bottom course of sandstone, followed by a smooth stucco surface to the beginning of the first level. The main block of the building is of smoothly finished brick with flush mortar joints, with the exception of the bay which is built from a rough surfaced bick with concave mortar joints. The pronounced smooth stone lentils & sills emphasize the window openings on the first level, while the windows at the second level retain the stone sills, but exchange the stone lentil for a continous wood molding at the eaves. See continuation sheet Continued, Section 7 The character of the building is reserved and its' conservative detailing imparts the building with a 'Neoclassical" presence. Exterior ornamentation consists of a variety of surface finishes, corresponding to distinct courses of the builiding. Planes are modestly projected or recessed creating interesting shadow patterns. A good example of this is the corbeled brick at the chimneytops. The windows vary throughout the house, although most are double-hung windows with a plain sheet of glass on the bottom and a series of "diamond" motif panes above the window sash. The entry is conservative and welcoming with an unusual assymetrical design of a door with a single sidelight, both topped by a wide transom. Inside, carved wood panels cover the entry walls as well as the stairway with it's richly detailed wood balustrade. To the right of the entry, an wood paneled inglenook employs the light from a large window. The inglenook originally had matching bookcases at the sides with doors ofleaded glass. Detailed molding is employed throughout the house. An interesting feature of the house is the small telephone alcove placed under the staircase. The living room on the west side of the entry is dominated by a beautiful fireplace that beasts a smooth faced brick, semicirclular opening with brick corbeling at the corners, meetimg the mantlepiece. Windows on either side of the fireplace, as well as light from the adjoining dining room bay, focus attention on the fireplace. The master bedroom located above the living room, makes use of the same chimney, and incorporates tiles around the charming fireplace which angles across the North-West corner of the room. • 8. .Statement of Significance Certifying official has considered the si canto of this property in relation to other pr ties: nationally I I statewide locally Applicable National Register Criteria I I A I B I IC I j D Criteria Considerations (Exceptions) I I A B CID IIE [ F [ 1 S Areas of Significance (enter categories from instructions) PerjO,d ftSiYresenie Sign 1 y U jc�yAt1C3ates Architec re 1 yy Commerce, Social/Humanitarian, 1909 to 1922 Industry, Theatre, Politics/Uovernment Cultural Affiliation Significant Person Arch tbo B 'Ide Anthony Hampton & Ruby Clawson Godbe B. . N eucIClenrburg State significance of property, and justify criteria, criteria considerations, and areas and periods of significance noted above. The residence located at 943 East South Temple is historically significant for architectural as well as cultural reasons. The house exhibits important architectural characteristics, ranging from overall massing to Neoclassical detailing. The residence was home to a number of prominent early Utahns that contributed to the history of Salt Lake City. The house was constructed by B. 0. Mecklenburg1, a popular local Architect/Builder in the early 1900's. Mr. Mecklenburg was responsible for the planning and construction of many houses, as well as apartment buildings, in the early 1900's. East South Temple Street, or Brigham Street as it was known at the turn of the century, was the site of many beautiful mansions and imposing houses, with local men of prominence vying for a prestigious south Temple address. Mr. Mecklenburg erected a number of houses on South Temple in an effort to meet those demands. The massing of the house is very similar to two later houses, also built by Mecklenburg, directly east of the structure. The placement of these very similar adjacent houses, preserves the architectural integrity of the street. The careful restoration of the highly visible, corner residence, would not only preserve, but also promote the continuity and historical importance of the block, part of the South Temple Historic District. The cubical house with it's foursquare plan and large hipped roof, reflects a popular building type of the period. The original frame porch boasted coupled Neoclassical columns which served to further ornament the reserved exterior. The neoclassical presence of the building is further emphasized by the pedimented dormer at the center of the south facade. The exterior of the building has remained relatively unchanged throughout the years. The interior of the house, although undergoing various remodeling, retains the original charm of the structure with the major rooms remaining intact and well as the preservation of interior ornamental details. Rich, carved wood panels cover the entry and staircase. The inglenook at the east of the entry and the living room at the west retain their integrity, remaining relatively unchanged, with exception of the finishes. The residence at 943 East South Temple, situated on a prominent sloping corner site, became the home of 1 As contributed by Margarot D. Lester, Utah State Historical Society, and author of Brigham Street, c. 1978 See continuation sheet Continued, Section 8 Anthony H. Godbe in 1910, soon after it's construction. Originally built for Walter G. Filer and his wife Esther in 19062, the house was sold to Mr. Godbe and his wife the former Ruby Clawson, after the divorce of Mr. and Mrs. Filer3 in April, 1909. Mr.& Mrs. Anthony H. Godbe were the product of two very important Utah Families. Anthony H. Godbe was the son of Mary Hampton Godbe and William Samuel Godbe, an important figure in early Utah mercantilism and politics. Ruby Clawson Godbe was the youngest daughter of Ellen Spencer Clawson and Elder Hiram Bradley Clawson, a key figure in the Salt Lake Theatre and well as the Mormon church. Mr. William S. Godbe played a key role in early Utah history. He was baptized into the LDS faith in London and arrived in Utah in 1951. He became a prosperous commission merchant, and was the first to reduce prices.4 He first achieved prominence with the establishment of The Utah Magazine co-authored by E.L.T. Harrison. The Utah Magazine, was not sanctioned by the church due to it's "traitorous" doctrines such as the promotion of mining, and a call for separation of Church and business. William S. Godbe and E.L. T. Harrison, former Elders of the Church, along with Mr. Lawrence and other respected intellects were promptly excommunicated from the Church5, The Utah Magazine, continued on to become the Salt Lake Tribune. As his business activities continued, he built the Godbe Building at the corner of Second South and Main, and ventured into the mining business, which resulted in great profits and expansion throughout the West. He continued to defend the Mormons6 although he was a leader of the so called "New Movement. The term "Godbeites" (Mormon apostates and conservative gentiles) is taken from his name. The Godbeites fought against passage of the Cullum Bill, which imposed strict penalties upon polygamists. Of William Samuel Godbe's children, Anthony Hampton Godbe, his oldest son, was the most prominent. Anthony Godbe pursued his fathers' mining activities7 and was a well respected member of the community. The Godbe family were active members of the community, involved with many aspects of Salt Lake City life including journalism and the theatre. Elder Hiram Bradley Clawson, a close friend of Joseph Smith and later, Brigham Young, originated the family tradition of involvement with the theatre. Hiram B. Clawson was the man who persuaded Brigham Young to build the popular Salt Lake Theatre, which he managed for 30 years. He also founded the Home Dramatics Clubs. Hiram Clawson also served as General of the Nauvoo Legion and Adjutant General of the Territory of Utah. Mr. Clawson was also the builder of the first adobe building in the Salt Lake Valley with Truman 0. Angell as the architects. 2 A building permit is not listed. A dramatic increase in property value, coinciding with the purchase of the land by Walter G. Filer in 1905, and a change in the description of the residence located at this address indicate a building date of 1905 - 1906. 3 The Deseret Evening News published an article titled'Speedy Divorce for Mrs.Walter G. Filer, Well Known Society Woman Set Free within Two Hours of Filling Complaint. Mrs. Esther Filer received the residence at 943 East South Temple in the settlement. 4 History of Salt Lake City, by Edward W. Tullidge, as authorized by the Salt Lake City Council, Star Printing c. 1886 5 History of Utah, 1847-1869, by Andrew L. Neff & Lauretta Neff, Deseret News Press 6 History of Utah Since Statehood, Vol. III, by Noble Warrum, S. J. Clarke Publishing Company c. 1919 7 Pioneers and Prominent Men of Utah, Early Mormon History 1805, Portraits, Genealogies, Biographies 1847-1868; Men Who Came by Wagon Train and Handcarts, by Essham, Salt Lake City, Western Epics, Inc. c. 1966 8 History of Salt Lake City, by Edward W. Tullidge, as authorized by the Salt Lake City Council, Star Printing c. 1886 Continued, Section 8 The Anthony H. Godbe family lived at 943 East South Temple from 1909 until 1920, when they purchased a house in the emerging Federal Height subdivisions. During their habitation, the house was the setting for social activities involving many prominent Utahns. One such guest, Susanna B. Emery Holmes, popularly known as the Silver Queen, liked the house so much that she purchased it from the Godbe's when their new house was completed. Susanna Emery-Holmes owned the house from 1920 until 1922, when she sold it to Lee and Annette Lovinger. Mr. Lee Lovinger was the president of a local soap and disinfectant company. The Lovingers resided at 943 Ease South Temple until the death of Mr. Lovinger in 1951. 9 Interview with Hampton Clawson Godbe, (January 18, 1990)son of Anthony H.&Ruby C, Godbe,former resident 1909- 1920. 9.' Mnjor Bibllogrnphicnl Reference- • History of Salt Lake City, by Edward W. Tullidge, as authorized by the Salt Lake City Council, Star Printing c. 1886 • Pioneers and Prominent Men of Utah, Early Mormon History 1805, Portraits, Genealogies, Biographies 1847-1868, by Essham, Salt Lake City, Western Epics,Inc. c. 1966 • History of Utah Since Statehood, by Noble Warrum, S. J. Clarke Publishing Co., c. 1919 • Men of Affairs in the State of Utah, by The Press Club of Salt lake City, 1914 • History of Utah, 1847-1869, by Andrew L. Neff and Laurette Neff • Brigham Street, by Margaret D. Lester, Utah State Historical Society, c. 1979 P_i See continuation sheet Previous documentation on file (NPS): PJ preliminary determination of individual listing (36 CFR 67) Primary location of additional data: has been requested State historic preservation office fJ previously listed in the National Register ( l Other State agency previously determined eligible by the National Register I !Federal agency P 1 designated a National Historic Landmark I Local government I recorded by Historic American Buildings 51I University Survey # ( !Other 7 recorded by Historic American Engineering Specify repository: Record 10. Geographical Data Acreage of property •13 UTM References AI � IIII ; l A ril Bltllltlltll lil i Zone Easting Northing Zone Easting Northing CIIIIIiI Iri , IJ DI IiIi1i l � l � It !See continuation sheet Verbal Boundary Description BEG. AT SW COR LOT 2, BLK 8, PLAT G, SLC SUR; E 66 FT; N 84.75 FT; W 66 FT; S 84.75 FT TO BEG. 4874-0655 5419-1193 5896-0086 n See continuation sheet Boundary Justification I See continuation sheet 11. Form Prepared By name/title Holli Adams organization Burtch W. Beall, Jr., FAA, Architect date 15 February 1990 street & number 2188 S. Highland Drive, #208 telephone (801) 466-1304 city or town Salt Lake City state Utah zip code 84106 BEFORE THE PLANNING & ZONING COMMISSION AND THE HISTORICAL LANDMARK COMMITTEE FINDINGS AND ORDER, CASE NO. 864 REPORT OF THE COMMISSION: This is an appeal by Douglas & BuEEi King to nominate the Anthony H. Godbe House (1906 ) at 943 East South Temple, to the Salt Lake City Register of Cultural Resources. On March 7, 1990, the case was heard before the Historical Landmark Committee. Mr. Burtch Beall , Ms. Holli Adams and the applicants, Douglas and Buffi King, were present. Mr. King said he and Mrs . King had recently purchased this house. He explained that Buffi King had been born and raised in Salt Lake City. He and Mrs. King had lived in Denver and California for many years but they are intending to move back to Salt Lake City in order to live close to family and also ,they love the mountains. He said he and Mrs . King noticed this house was for sale some months ago when they were in Salt Lake City, and they contacted a realtor who showed them the house, and even though the windows were "boarded up" and the house had been fire damaged, they liked the "layout" of the house and the architecture and wanted to buy it . He said the cost of repairing the house and restoring it as it was originally, as they intend to do, would be cost prohibitive , but the Kings ' long range plans are to live there and operate this house as a Bed and Breakfast . Mr . King said because Mrs . King is employed by Delta Airlines and he is self-employed, their schedule will permit them to be here two or three days each week , so they will not be "absentee landlords, " and they plan ultimately to move to Salt Lake City. He and Mrs . King plan on marketing this Bed and Breakfast through the airlines as much as possible, and to bring people from various parts of the country and introduce them to Salt Lake City and its culture and history. Mrs . King added that her roots are here and she wants to return to Salt Lake City, and to get other people here to see what Salt Lake City has to offer. She presented pictures of this house, one picture having been taken in 1916 , showing the detail of the front porch, saying they hope to restore the original look. Other pictures were displayed which were taken by Mr. Godbe, who is 84 years old, and which showed the details on the railing and the porch. Mr. Beall and Ms . Adams addressed the committee. Ms. Adams said she and Mr. Beall feel this house belongs on the City Register. She gave the history of the house, saying it is a very important site and has played an important part in the history of Utah. It was built in 1906 by Mecklenburg, a builder of several houses along South Temple including the two houses directly east of the Godbe house. He built this house and the other two mentioned in basically a "neoclassical style" . She said the house is almost divided into nine distinct parts . It has interesting windows and they can be restored to their original beauty. The interior has many hardwood panels , hardwood stairwells and intricate moldings which will be restored. She and Mr. Beall believe there is enough left of the house that the important features can be reconstructed. HLC No. 864 Page 2 Ms . Hall said the Godbe family was important in Salt Lake history, explaing that Anthony Godbe ' s father was the leader of the "Godbeites , " an early apostate Mormon group that fought many battles agains the Mormon establishment . Mr. Godbe was also the editor of the Salt Lake Tribune. Mrs . Anthony Godbe (Ruby Clawson) was from a prominent Mormon family in the Salt Lake culture and the theater. Mr. Burtch Beall presented photographs showing the interior and exterior condition of the house, noting the damage on the inside is extensive. He said Mr. and Mrs . King and Mr. Clark ( the former property owner ) have developed cost estimates for "bringing the house backto a residence , " and that would cost approximately $200,000, and that is a part of Mr. and Mrs . King' s decision to request having the house become a Bed and Breakfast. Mr. Beall presented drawings showing what is being proposed and how sympathetic the applicants have been in making any changes to the house. He said the house is essentially is a little more than square--about 30 feet on South Temple and about 40 feet on "M" Street . The garage is in the rear. He said dramatic changes have been made to the front porch with infill , resulting in slightly different character now than originally. A footprint of the original house was presented, and it is proposed to build an addition which simply extends the house 10 feet on the north side and the full east-west direction . The entry space, the porch, the living room, dining room and kitchen are as they were originally and will remain the same. The window style, the fenestration, hipped roof pattern, will all be in the same character as original . Mr. Beall said the neighborhood housing group has been contacted about the existing house to the north on "M" Street , and they are interested in moving that house to another lot so that housing will not be lost to the city. Mr. Beall said the second floor of the house will have basically the same rooms as exist and the addition to the north will be two rooms with adjoining bathrooms . The lower floor will be the manager ' s apartment and a garage for a car to service guests coming to the airport without transportation. The third floor presently is a large apartment which the fire destroyed. It is proposed to extend the area on the third floor to accommodate effective a second living room. The existing dormer will be moved to the north and possibly enlarged. It is proposed to place a fire escape between this house and the house to the east as the space between is very limited. Mr . Beall said an effort will be made to keep the same scale to the brick pattern, and the South Temple facade will remain unchanged. Mr . Beall said Mr . and Mrs. King own the Godbe house and the house to the north facing "M" Street . He presented a plan for the parking area to accommodate seven cars which is the number of spaces needed after the house is remodeled. He said the parking lot area will be shielded as much as possible. Mr. Emerson asked Mr. Beall and the applicants about their feelings concerning nominating a house to the register and immediately making modifications to that house, and if they felt there was any conflict there. HLC No. 864 Page 3 Mr . Beal said he thinks this is a prominent home on the corner and that it would be unfortunate to lose it . He does not think the proposed addition will in any way destroy it but hopes it will in some way enhance it . He said the options of leaving the house as it is or demolishing it seem to be less desirable, and in trying to keep the quality of South Temple, this corner piece being an anchor to it, he would not like to see the house torn down even for a new house which may not have the character of the neighborhood. Ms. Edeiken talked about the eligibility and nomination to the register versus what the plans are for the house , saying she realizes it is the eligibility on the agenda for this meeting. She thinks the critical question is a judgment call on how endangered the property is. Ms. Sperry said as a real estate agent , she believes the house is endangered it is on the corner of two busy streets, it 's across the street from the Ronald McDonald House, and it has no back yard for children to play. She said a family would not buy this house for those reasons. She thinks it would be good for this neighborhood for the "1945-50 bungalow style" house to the north removed from the Avenues and placed in a different neighborhood. Discussion followed concerning the eligibility issue and the survey conducted for the city in which this house was rated "contributory. " Ms. Edeiken asked if there is any new historical information which would indicate this house could be "bumped" to "signigicant. " Mr . Schwab said previously there had not been such indepth historical background on the Godbe family and the roles they played, etc. Mrs. King said the survey form she had received from the State had misstated the name of the architect who designed this house and also had the date of original construction as 1914 and the correct date is 1906. Mr. Schwab said there have been instances in the past when, because additional information has been discovered, the survey ratings on some structures have been changed. He said Mr . and Mrs. King have done a lot of research on this structure and the history they gave is a more accurate history of this home than the site structure form stated. Ms. Sperry moved to recommend approval of the nomination of the Anthony H. Godbe House to the Salt Lake City Register of Cultural Resources for two reasons , because of its location in the Avenues area and on South Temple , particularly being on the corner, and also because the Godbe families are extremely important in the history of Utah and Salt Lake City, and information from the pioneers indicates that they published a magazine and a newspaper which became and still exists as one of the important publications in Utah. Mr . Neilson seconded the motion. Discussion followed. Ms . Edeiken pointed out that William S. Godbe was the prominent Godbe, and this house is associated with one of his sons, Anthony H. Godbe, who was a member of the Godbe family but not prominent historically. HLC No. 864 Page 4 It was her feeling that architecturally there is nothing to change this home from a "contributory" building to the "significant" category. Mr. Schwab pointed out that according to the ordinance, a building can be on the register individually whether it is designated "significant" or "contributory. " He said there may have been other past policies but he is not familiar with them because they are not written anywhere, that he was only speaking in accordance with the ordinance and the criteria used; i .e. , the significance, the events and the people . He noted there are three houses in a row including the Godbe houses that where all designed and built by the same architect , saying that strengthens the fabric. Mr. Loosli said he agreed with Ms . Edeiken, and as he recalls, when the Historical Landmark Ordinance was initiated and the first buildings were listed on the City Register , there were many buildings that could have been added but it was agreed to not list all of the buildings individually because there were so many, and with a few exceptions , those houses on South Temple were dealt with as the South Temple Historic District . He said there were a few houses on South Temple that were so significant that they were placed on the National Historic Register , and it was explained to the other property owners that their homes were not individually listed because their homes were already listed by virtue of being in a Historical District. He feels there are many buildings on South Temple that architecturally are much more significant than the Godbe house . Mr. Ulrich said he feels the more protection to the buildings on South Temple, and in other areas, the better, adding he would be in favor of listing every home on South Temple on the City Register and still have South Temple an Historic District because it would provide "double layer" protection. Mr. Neilson said he thought part of this issue was confused by the fact that this home is not as significant on South Temple as other homes on South Temple but more significant than other homes having historic designation in other neighborhoods. He said he didn ' t think the committee should say because this home is not the most significant in this neighborhood it does not deserve nomination. Some other committee members agreed with him. During the discussion, the property owners ' future plans for this house as a Bed & Breakfast was brought up, and Mr. Schwab said that was not the issue being addressed at this time--that the real issue now is whether or not this building is important enough and worthy, because of its location on South Temple and with its history, to be nominated to the City Register. Mr. Dixon called for a vote on the motion. Ms. Sperry, Mr. Knudsen, Mr. Emerson, Mr. Ulrich and Mr. Neilson voted "aye;" Ms. Edeiken, Ms. Grubaugh- Littig and Mr. Loosli opposed. The motion passed. Ms. Edeiken proposed that this committee hold a special meeting to discuss a new policy and philosophy concerning nominations to the City Register and other matters. The committee members were in agreement. The special meeting HLC No. 864 Page 5 was scheduled for March 28th at 4:00 p.m. , in Room 542 , City and County Building. On March 8, 1990, the case was heard before the Planning and Zoning Commission . It was moved that the Planning Commission accept the recommendation of the Historical Landmark Committee to recommend approval of the nomination of the Anthony H. Codbe House to the Salt Lake City Register of Cultural Resources for two reasons , because of its location in the Avenues area and on South Temple, particularly being on the corner, and also because the Godbe families are extremely important in the history of Utah and Salt Lake City, and information from the pioneers indicates that they published a magazine and a newspaper which became and still exists as one of the important publications in Utah. The motion was seconded; all voted "aye. " The motion passed. IT IS THEREFORE ORDERED that a recommendation for approval be given to the request to nominate the Anthony H. Godbe House (1906) , at 943 East South Temple to the Salt Lake City Register of Cultural Resources. Dated at Salt Lake City, Utah, this 9th day of April , 1990. retary Minutes of the Historical Landmark Committee and the Planning Commission are on file available for inspection at Room 406 City & County Building, 451 South State Street. DENNIS M. SARGENT SALT r=\12%TN Cat1,.i"'�.r,1 al 211 CHIEF OF FIRE DEPARTMENT 7994101 FIRE DEPARTMENT 315 EAST 200 SOUTH SALT LAKE CITY, UTAH 84111 To: Salt Lake City Council Date: May 22, 1990 Re: Cooperative Agreement Between Salt Lake City Corporation and USDA-Forest Service, Wasatch-Cache National Forest Recommendation: It is recommended this Cooperative Agreement be executed which continues cooperation between the City and Forest Service in wildfire presuppression and suppression. Availability of Funds: None Required. Submitted �Jbyy: a e..4 „L. Dennis M. Sargent Fire Chief Salt Lake City Fire Department DMS/aa Attachments - 4 Originals - 16 Copies 1)3 RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND USDA-FOREST SERVICE, WASATCH-CACHE NATIONAL FOREST WHEREAS, Title 11 Chapter 13, U.C.A. , 1953 as amended allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, be it resolved by the City Council of Salt Lake City, Utah: 1 . That it does hereby approve the attached agreement generally described as follows : An Agreement for preventing and suppressing wildland fires on intermingled or adjacent National Forest and City owned land. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City this day of , 1990 . SALT LAKE CITY COUNCIL CHAIRPERSON ATTEST: APPROVED AS TO FORM Salt Lai?' "A t9o0n ey's Office CITY RECORDER Dae fv ia4 V,M'44r45°14tv—d FMN:cc COOPERATIVE AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND USDA-FOREST SERVICE, WASATCH-CACHE NATIONAL FOREST THIS AGREEMENT is made and entered into by and between SALT LAKE CITY CORPORATION (hereinafter referred to as the CITY) and the USDA FOREST SERVICE, WASATCH-CACHE NATIONAL FOREST (hereinafter referred to as the FOREST SERVICE) , under the authority of: Act of April 24, 1950, Section 5 (16 U.S.C. 572) Act of June 7 , 1924, Section 2 (16 U.S.C. 505) Act of June 30, 1914, as amended (16 U.S.C. 498) WITNESSETH: WHEREAS, wildland fires occurring on Salt Lake City owned watershed lands constitute a threat to intermingled National Forest lands, and wildland fire occurring on National Forest Lands constitute a threat to intermingled Salt Lake City watershed lands, and WHEREAS, it is to the mutual advantage of the parties hereto to cooperate for the purpose of preventing and suppressing wildland fires on intermingled or adjacent National Forest and Salt Lake City owned lands, and WHEREAS, the CITY Fire Department has capabilities of immediate response of manpower and equipment for initial attack on wildfire occurrences in the Salt Lake City watersheds, and WHEREAS, the FOREST SERVICE has fire suppression responsibilities on the National Forest and Salt Lake City owned lands within the Salt Lake City watershed by the Cooperative Agreement dated 1977, and WHEREAS, the CITY Fire Department has acquired resources for the purpose of wildland suppression. NOW, THEREFORE, IT IS AGREED THAT: A. The FOREST SERVICE WILL supply up to 2000 feet of one inch linen hose to the CITY Fire Department for use on their engines and replace it as needed during the terms of this agreement. B. The CITY Fire Department will use the equipment to provide quicker and more efficient response assisting the FOREST SERVICE in initial attack suppression of wildland wildfires in or adjacent to National Forest protected lands. C. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: 1. The CITY will continue to cooperate with the FOREST SERVICE in wildfire presuppression and suppression. 2. The terms of this agreement shall remain in effect from year to year unless terminated by either party, giving 60 days written notice excepting that this agreement cannot be terminated between April 1 and October 31 of any year. 3. As the hose becomes unusable, the brass ends will be cut off and returned to the FOREST SERVICE. 4. In the event that this agreement is terminated, all hose will be returned to the FOREST SERVICE. 5. The obligations undertaken by the parties hereto are subject to the continuance of the authority under which this agreement is executed and the availability of funds. 6. The terms of this agreement shall not impair the rights of parties hereto to recover suppression costs and/or damages sustained as a result of the negligent or willfull act of any individual or corporation causing a fire. IN WITNESS THEREOF, the parties hereto have executed this agreement on the dates shown below: U.S.D.A. FOREST SERVICE SALT LAKE CITY WASATCH-CACHE NATIONAL FOREST CORPORATION By By Fore t Supervisor Mayor C75 /99 2,)iTt Date APPROVED AS TO FORM Sait Lake City Attorney's Office Date4-/$'--90 LII .`__r:.', ia:rie 5. Weis 3. Tr:. -_1z .� • )Vt,� i€ti.' f;_. �.. i it,> !'%i' CSC' of ail-Doris May 15, 1990 Rz:y Montgomery Assistance City Attorney 451 South State Street, Room 505 Salt Lake City, Utah 84111 1`cs!ar Ray: The Airport Authority Board recently approved my recommendation to modify fuel and oil royalty fees at the Airport. Section 5 . 12. 190 of th3 Salt Lake City Code currently imposes a fuel rcyal ty equal to three cents per gallon of fuel and an oil royalty equal to six cents per quart of oil delivered to any porsori at the Airport. The approved modifications to these fees are to eliminate the oil royalty fee in its entirety and to increase the fuel fee to four cents per gallon effective July 1, 9.90, with another increase to five cents per gallon effective July 1 , 1991 . Would you please prepare an appropriate ordinance amending this section of City Code to reflect these changes. I have additionally enclosed a cover letter and copies for the Council members. Thank you, as always, for your assistance. Sincerel,,'; Lout its s c Miller Saq`tkr. ..f i. �."':J:'1'; r...$C,�7�i r'.l N AMF Box 22084. Salt Lake C . M : \ '1 fr •� ."''d„'ic°r A. ti}Y�' 4t �:St'..•_v�}_r` n O���?i%�.fC Ffi.:' or .,CF, 'C.,.�a;.,.T41 Ei2i ie E3.`r'Veis ® (1C -r,; s n :or of ii7G V ! a • May 15, 1990 Emilie Charles Office of the Mayor 451 South State Street City & County Building Salt Lake City, Utah 84111 Dear Ms. Charles: Enclosed is an original and sixteen copies of an Ordinance amending Section 16. 12. 190 of the Salt Lake City Code along with cover letters to Cindy Gust-Jenson and the Salt Lake City Council. If these items are in correct order, would you please transmit them to Ms. Gust-Jenson for council review. Sincerel , ouis E. Miller Enclosure S:iit r•:71. ::i;l.lil"y Y7M Box 22084 J:a.. . -.:. - 2F f _ .. _ _ ..... f} J�•J-._�t}J F., ;i?��T3 X' ttiJY f .�1:�-2bi ._ i 13-.�- May 15, 1990 Cindy Gust-Jenson Executive Director Salt Lake City Council 451 South State Street City & County Building Salt Lake City, Utah 84111 Dear Ms . Gust-Jenson: Enclosed is an original and sixteen copies of an ordinance amending Section 16 . 12. 190 of the Salt Lake City Code along with a cover letter to the City Council. When this item has been scheduled for Council agenda, would you please notify me of the date so that I may be in attendance to respond to any questions . Sincerel , j1ouis E. Miller Enclosure -lily Box r ,.. _ � lj •_ ,��-�J~.- • �� ; . _... .:2 ,Y?:j 6 i tI;tm— '� ���:. � �tr' •tom. .. .:. May 15, 1990 Alan Hardman, Chairman and Salt Lake City Council 451 South State Street City & County Building Salt Lake City, Utah 84111 Dear Chairman Hardman and Council Members: Subject: An ordinance amending Section 16. 12. 190 of the Salt Lake City Code to eliminate oil royalty fees at the Airport. Fiscal Impact: Increase the current 30 per gallon of fuel to 4C per gallon FY 1990/91 and to 50 per gallong beginning FY 1991/92, and eliminate the current 60 per quart of oil fee. Discussion: Section 16. 12 . 190 of the Salt Lake City Code currently imposes fuel and oil royalties of 3C per gallon go fuel and 6C per quart of oil delivered to any person at the Airport. This section further requires that any person selling fuel or oil at the Airport submit a statement on a monthly basis which details all fuel and oil deliveries. Exempted from the requirement are all persons who pay landing fees. These current royalty fees have been in effect since July 20, 1982. During FY 88/89, we collected $1401 in oil and $119, 293 in fuel royalty fees. It is my recommendation, which has additionally been approved by the Airport Authority Board, that this section of City Code be revised to charge a fee of 4C per gallon on fuel to be effective July 1, 1990, to charge a fee of 50 per gallon on fuel to be effective July 1, 1991, and to eliminate the fee on oil effective July 1, 1990. Recommendation: May I therefore request this modification to Section 16 . 12. 190 of the Salt Lake City Code as I have outlined it. Respect ully, ouis E. Miller S3!• LSE,_. Authority i AMP'Box 22084. 3,'-:i`.i _..{ `., �`'1 ?,,•'t<.• -< <x (,E�_O575-240J 6 ieiefGx: (801) 575-2579 SALT LAKE CITY ORDINANCE No. of 1990 (Fuel and oil royalties) AN ORDINANCE AMENDING SECTION 16 .12 . 190 OF THE SALT LAKE CITY CODE, RELATING TO FUEL AND OIL ROYALTIES . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 16 . 12 . 190 of the Salt Lake City Code, relating to fuel and oil royalties, be, and the same hereby is, amended as follows : 16.12.190 Fuel [and—ell] royalties. A. There [ere] is imposed upon any person offering aviation fuel [or oil] for sale upon the airport the following royalties : 1 . A fuel royalty equal to [three] four cents per gallon of fuel delivered to any person at the airport, which royalty shall increase to five cents per gallon on July 1, 1991 . [ 2 . An oil royalty cqual to six cents per quart of oil ] B. Any person selling fuel [or oil] at the airport shall, on or before the twelfth day of each month submit to the city a detailed statement showing all fuel [and oil] delivered to such person during the preceding calendar month. The city shall then bill such person for the preceding calendar month, taking into account the customary shrinkage allowance of two percent. Such bill shall be paid within ten days of the receipt thereof from the city. C. Any person required to and paying a landing fee imposed by Section 16 .12 . 160, or its successor, or required by an existing agreement shall be exempt from the provisions of this section. SECTION 2 . This ordinance shall take effect on July 1, 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RLM:cc -2- (.2111144\- .w• C 1 PALMER DEPAUUS ",.� 1 °APJ MK(=al to MAYOR t-. __ ` •, . ,a .(e :j. ;OFFICE OF THE MAYOR--' CITY AND COUNTY BUILDING . 451'SOUTH STATE STREET, RM OO 306 SALT LAKE CITY, UTAH.84111 TELEPHONE 535-7704 May 29 , 1990 Alan Hardman , Chairperson and Members of the Salt Lake City Council 451 South State Street , Room 304 Salt Lake City , Utah 84111 Dear Alan : I am transmitting herewith recommendations for board appointments which I would appreciate the Council ' s advice and consent upon . Under the newly amended ordinance 2. 04. 055A, I feel the following nominations meet the criteria of, and warrant a longer period of service to , "prevent a significant disruption of, or prejudice to the body for which the appointment is sought . " AIRPORT AUTHORITY Mr . Eddie Mayne be reappointed to a third term extending through January 1994 When the Airport Authority Board was established in 1976, it was determined that at least one member of the board should be a representative of organized labor . Having a labor representative on the board is extremely important as it relates to issues of balance of board members and as it relates to Airport construction issues . If Salt Lake City wants to maintain this policy , and I recommend we do , Mr . Mayne as the President of the AFL/CIO for the State of Utah is the most appropriate person and the most knowledgeable person to fill this role . During Mr. Mayne ' s years of service his attendance record has consistently exceeded 80% and his contributions have been extremely valuable . His loss would prejudice this body on matters relating to labor , and would force an appointment of a individual who does not hold the office of president of the state-wide union or the prestige of Mr . Mayne . MOSQUITO ABATEMENT DISTRICT Mr. Lynn M. Thatcher be reappointed to a fifth term* extending through December 31 , 1990 Due to the nature of this board and the issues they deal with it is very difficult to find interested and knowlegeable residents . Lynne has eight years of experience and a knowledge of the technical and environmental issues of this board . He is also involved with the Special District Task Force created by the State Legislature to insure that Mosquito Abatement Legislation remains in tact . During Mr . Thatcher ' s years of service his attendance record has been outstanding and his contributions invaluable . *Mosquito Abatement District terms are two-year terms . I would appreciate your consideration of these appointments and ask that they be placed on the Council ' s agenda at the earliest opportunity . Sincerely , teLQ4,4 g Mayor PD/RBC : jf Enc . cc : John Wheat Jill Remington Bill Schwab Sammie Dickson El LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. r SUPERINTENDENT , ; __^\'a �` �' �O„ WATER SUPPLY 8 WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION MAYOR JAMES M. LEWIS, C.P.A. Water Reclamation CHIEF FINANCE A 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER May 30, 1990 Salt Lake City Council 451 South State SLC, Ut. 84101 Salt Lake City Council : Transmitted herewith is a summary of the protest on proposed SID 50-1396. Please note that both Delong Street and March Street had a majority protest. We therefore recommend the proposed SID 50- 1396 not be created. However, those interested in having the sewer pipes will be given the opportunity to have them installed under refund ordinance 17 .44.200. Sincerely, x LEROY W HOOTON, JR. Direct VB 50-1396 SPECIAL IMPROVEMENT DISTRICT 50-1396 DELONG STREET SIGNED FRONT FOOT PETITION PROTESTED PROPERTY OWNER EAST WEST x 1 . R. Harrington 267. 25 ' x 2. Nelson Rec. Refinery 685.4 ' x 3. AK Bettilyon Realty 482.32 ' x x 4. C.H. Dredge 150. 15 5 . S. L.C. 284 . 75 ' x x 6 . Sans Inc. 607.06 ' 7. S.L. County 273.0' 8 . Utah Power 465 .0 ' 9 . R. Skola 284.76 10. Reliable Waste 212.0' x 11. J. Johnson 433.0 ' x 12. Tracy Collins Bank 310.0 ' x 13 . Dunn Land & Leasing 350.0 ' x 14. R. Harrington 267.35 ' 2179 . 51 ' 2892. 53 ' 2476. 93 ' 2595. 11 ' 43% 57% TOTAL 5072.04' MARCH STREET SIGNED FRONT FOOT PETITION PROTESTED PROPERTY OWNER EAST WEST x 1 . N.R. Draper Planing Mill 640.0 ' x 2. Mark B. Garff 471 .02 ' x 3. Fabrizio 156. 0 ' x 4. Brockbank 420.0 ' x 5 . Geertsen 50.0 ' 6. Williams 436. 5 ' 1076 . 50 ' 1097.02 ' 1111 .02 ' 1062. 5 ' 49% 51% TOTAL 2173. 52 ' VB 5-30-90 RESOLUTION NO. OF 1990 REGARDING PROPOSED SPECIAL IMPROVEMENT DISTRICT NO. 50-1396, FOR DeLONG AND MARCH STREETS WHEREAS, the City proposed the establishment of Special Improvement District No. 50-1396 for street improvements to DeLong and March Streets in the City; and WHEREAS, after notice of the intent to establish such a district, a majority of property owners on both streets protested establishing said District. THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby declare that the proposed Special Improvement District No . 50-139 for DeLong and March Streets not be established. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:cc SALT i \ Laf � . � �©Ni KATHRYN MARSHALL PALMER DEPAULIS QTY RECORDER MAYOR DEPARTMENT OF HUMAN RESOURCES _ AND ADMINISTRATIVE SERVICES City Recorder 451 SOUTH STATE STREET, ROOM 415 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-7671 May 14, 1990 MEMO TO: Roger Cutler, Ci y Attorney FROM: Kathryn Marsh ity Recorder RE: An ordinance waiving processing fees for alley vacations in residential districts On May 8, 1990, the Salt Lake City Council approved in concept the above referenced ordinance. They specified the following: 1 . Fees would be waived when 80% of the abutting property owners signed the petition. 2. For a period of six months from .the effective date of the ordinance no fees would be collected. 3. After six months from the effective date of the ordinance, petitioners submitting new requests would pay the public hearing advertising fee but • not the City' s petition fee. 4. Petitions in the process prior to the end of the six-month grace period would not be subject to the fees. Attached are the original draft ordinances which were submitted. After a new ordinance has been prepared, it will need to be submitted for Council action. P 90-86 rib ? SALT LAKE CITY ORDINANCE No. of 1990 (Adding Section 21 . 10 . 090 providing for waiver of fees for alley vacations in residential districts ) AN ORDINANCE ENACTING SECTION 21 . 10 . 090 PROVIDING FOR WAIVER OF HEARING FEES FOR ALLEY VACATIONS IN RESIDENTIAL ZONING DISTRICTS . WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that it would be in the interest of the City to waive all required fees for alley vacations in residential zoning districts . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21 . 10 . 090 be enacted to read as follows: 21.10.090 Residential Alley Vacations. Petitions for the vacation of alleys lying wholly within residential zoning districts for which eighty percent of the abutting property owners have executed written approval submitted with the petition shall not be required to pay any filing or advertising fees for the petition. The complete fee waiver provided by this section shall be in effect only from June 15 , 1990 to December 15, 1990 . For petitions submitted after December 15, 1990 for which eighty percent approval has been obtained the filing fee shall be waived but the petitioner shall still be required to pay the costs of advertising. SECTION 2 . This Ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER • BRB:ap -2- F3 Salt Lake City, Utah June 12, 1990 The Municipal Council of Salt Lake City, Salt Lake County, Utah (the "Municipal Council"), pursuant to due notice met in regular public session on June 12, 1990, at the hour of 6:00 p.m., at its regular meeting place at the Council Chambers, Room 315, City and County Building, 451 South State Street, in Salt Lake City, Utah. The meeting was called to order by the Chair of the Municipal Council with the following members of the Municipal Council being present, constituting a quorum of the Municipal Council: Alan G. Hardman Chair Nancy K. Pace Vice Chair Thomas M. Godfrey Councilmember Don C. Hale Councilmember L. Wayne Horrocks Councilmember Roselyn N. Kirk Councilmember Ronald J. Whitehead Councilmember Absent: There were also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder Verl F. Hunt City Treasurer Roger F. Cutler City Attorney After the minutes of the preceding meeting had been read and approved, the City Recorder presented to the Municipal Council an affidavit evidencing the giving of not less than twenty-four (24) hours public notice of the agenda, date, time and place of the June 12, 1990, meeting of the Municipal Council in compliance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, by (1) posting written notice of the meeting at the principal office of the Municipal Council and (2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, Salt Lake County, Utah (the "City"), or to a local media correspondent. The affidavit was ordered recorded in the minutes of the meeting and is as follows: -2- STATE OF UTAH ) SALT LAKE COUNTY ) I, the undersigned, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, 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 52-4-6(2), Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the regular public meeting held by the Municipal Council of the City (the "Municipal Council") on June 12, 1990, by: (a) causing a Notice of Public Meeting to be posted at the principal office of the Municipal Council at the City and County Building, 451 South State Street, Salt Lake City, Utah, on June , 1990, at least twenty-four (24) hours before the convening of the meeting, in the form attached hereto as Exhibit A, that Notice of Public Meeting having continuously remained so posted and available for public inspection during the regular office hours of the Municipal Council until the convening of the meeting; and (b) causing a copy of the Notice of Public Meeting in the form attached hereto as Exhibit A to be provided on June , 1990, 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 to each local media correspondent, newspaper, radio station or television station that has requested notification of meetings of the Municipal Council . IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Salt Lake City, Salt Lake County, Utah, this 12th day of June, 1990. Kathryn Marshall [SEAL] City Recorder, Salt Lake City, Salt Lake County, Utah -3- EXHIBIT A [Attach Notice of Public Meeting] -4- After the conduct of other business, the Chair stated that the meeting was called pursuant to notice for the purpose, among other things, of considering sealed bids that had been received up to 10:00 A.M., M.D.T., on that same day, for the purchase of $17,500,000 Tax and Revenue Anticipation Notes, Series 1990 of Salt Lake City, Salt Lake County, Utah. The Director of Finance of the City then presented the sealed bids for the purchase of the Tax and Revenue Anticipation Notes, Series 1990, which bids had been opened, tabulated and found to be as follows: NAME OF BIDDER NET INTEREST COST PREMIUM After due deliberation, it was determined that the bid of of , , and associates was the highest and best bid submitted for the purchase of the Notes, which bid reads in full as follows: -5- [ATTACH WINNING BID HERE] • -6- Thereupon, the following resolution was introduced by the Chair in written form and, pursuant to motion duly made by Councilmember and seconded by Councilmember , the resolution was adopted and approved by the following vote: Aye: Nay: The resolution was thereupon presented to and approved and signed by the Mayor in open meeting, was approved as to form and signed by the City Attorney, was signed by the Chair of the Municipal Council and was attested, countersigned and recorded by the City Recorder in the official records of the City. The resolution is as follows: RESOLUTION NO. OF 1990 A RESOLUTION of the Municipal Council of Salt Lake City, Salt Lake County, Utah, authorizing the issuance and confirming the sale of the $17,500,000 Tax and Revenue Anticipation Notes, Series 1990 of Salt Lake City, Salt Lake County, Utah; providing for covenants to establish and maintain the excludability of interest on the Notes from gross income of the holders thereof for federal income tax purposes; and providing for related matters. WHEREAS, a report has been made by the Director of Finance of Salt Lake City, Salt Lake County, Utah (the "City"), that it is necessary to raise the sum of Seventeen Million Five Hundred Thousand Dollars ($17,500,000) for the purpose of meeting the current and necessary expenses of the City and for any other purpose for which funds of the City -7- may be legally expended during the fiscal year beginning July 1, 1990 (the "Fiscal Year") until the taxes and other revenues for the Fiscal Year are collected, and that the sum can be raised without incurring any indebtedness or liability in excess of seventy-five percent (75%) of the taxes and revenues of the City received in the fiscal year ending June 30, 1990, or in excess of ninety percent (90%) of the taxes and other revenues of the City estimated to be received in the Fiscal Year, or exceeding any limit of debt imposed by the Constitution or statutes of the State of Utah; and WHEREAS, a notice inviting sealed bids for the purchase of $17,500,000 Tax and Revenue Anticipation Notes, Series 1990 (the "Notes") of the City has been circulated by distribution of an Official Statement; and WHEREAS, the Municipal Council of the City has determined to sell the Notes at this time, and the bid of , of and associates (collectively, the "Purchaser") for the purchase of the Notes is the highest and best offer received, which offer proposes to purchase the Notes at the price of $ and accrued interest (if any) to the date of delivery, the Notes to bear interest at the rate herein specified and to mature on June 28, 1991; NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, as follows: Section 1. The bid of the Purchaser for the Notes (the "Bid"), pursuant to the bid which is set out in full in the preambles hereto, be and the same is hereby accepted, it being hereby found, determined and declared, after public advertisement for bids for the purchase of the Notes, that the Bid is the highest and best offer received for the purchase of the Notes. Section 2. The City shall issue the Notes in the aggregate principal amount of $17,500,000 for the purpose of meeting the current and necessary expenses of the City and for any other purpose for which funds of the City may be legally expended during the Fiscal -8- Year. The Notes shall be known as "Salt Lake City, Salt Lake County, Utah, Tax and Revenue Anticipation Notes, Series 1990", shall be in the denomination of $ shall be numbered consecutively from 1 upward, shall be dated July 2, 1990, shall bear interest (calculated on the basis of a year of 360 days consisting of twelve 30-day months) at the rate of percent ( %) per annum from their date until paid, payable at maturity, and shall fall due on June 28, 1991. The Notes shall not be subject to call and redemption prior to maturity. Upon maturity, both principal of and interest on the Notes shall be payable in lawful money of the United States of America at , in The Notes shall be signed by the Mayor, countersigned by the City Treasurer and attested and countersigned by the City Recorder (the signatures of the Mayor and City Recorder being by facsimile) and shall have a facsimile of the official seal of the City printed thereon. The Mayor is hereby empowered and directed to sign, the City Treasurer to countersign and the City Recorder to attest and countersign each of the Notes and to cause a facsimile of the official seal of the City to be printed on each of the Notes, and the acts of the Mayor, City Treasurer and City Recorder in so doing are and shall be the acts and deeds of the City. The use of the facsimile signature of the Mayor and the City Recorder on the Notes is hereby authorized and approved as the authentic execution thereof. The City agrees to furnish all necessary documents and information required by note counsel with respect to the issuance, sale and delivery of the Notes. Section 3. The Notes shall be in substantially the following form: -9- (Form of Note) UNITED STATES OF AMERICA STATE OF UTAH SALT LAKE COUNTY SALT LAKE CITY No. $ TAX AND REVENUE ANTICIPATION NOTE SERIES 1990 INTEREST MATURITY DATED RATE: DATE: DATE: CUSIP: % June 28, July 2, 1991 1990 KNOW ALL MEN BY THESE PRESENTS: That Salt Lake City, Salt Lake County, State of Utah (the "City"), hereby acknowledges itself to be indebted, and for value received hereby promises to pay to the bearer hereof the principal sum of DOLLARS ($ ) upon presentation and surrender hereof, on the maturity date specified above, without option of redemption prior to maturity, with interest on the balance of the principal sum from time to time remaining unpaid from the date of this note (calculated on the basis of a 360-day year consisting of twelve 30-day months) at the rate per annum specified above from the dated date hereof specified above until paid, payable at maturity. Principal of and interest on this note shall be payable upon presentation and surrender hereof at the principal corporate trust office of , in , as Paying Agent of the City, in any coin or currency of the United States of America that is legal tender for the payment of public and private debts at the time of payment. This note is one of an issue of ( ) notes of like tenor and date, except as to denomination, numbered from one (1) to ( ), inclusive, and known as "SALT LAKE CITY, SALT LAKE COUNTY, UTAH, TAX AND REVENUE ANTICIPATION NOTES, SERIES 1990" (the "Notes"), in an aggregate principal amount of Seventeen Million Five Hundred Thousand Dollars ($17,500,000), issued under and pursuant to the Constitution and laws of the State of Utah, including particularly the applicable provisions of the Utah Municipal Bond Act, Chapter 14, Title 11, Utah Code Annotated 1953, as amended, and resolution of the City adopted on June 12, 1990 (the "Note Resolution"). It is hereby covenanted, certified, recited and declared that this note is issued in anticipation of the collection of taxes to be levied and other revenues for the current fiscal year of the City ending June 30, 1991 (the "Current Fiscal Year"), in evidence of money borrowed to meet the current and necessary expenses of the City, and for any other -10- purpose for which funds of the City may be legally expended during the Current Fiscal Year, until payment of the taxes and other revenues for the Current Fiscal Year; that taxes have been or will be levied, imposed and collected in the Current Fiscal Year on all taxable property within the City within the limit provided by law and sufficient to pay principal of and interest on this note as the same falls due and, together with other budgeted revenues to be received during the Current Fiscal Year, sufficient to pay all budgeted expenses of the City for the Current Fiscal Year; and that a sufficient fund has been appropriated for the payment of the principal of and interest on this note as the same shall fall due. It is hereby further certified, recited and declared that the aggregate indebtedness incurred by the City for the Current Fiscal Year, including the Notes, is not in excess of seventy-five (75%) of the total of the taxes and other revenues levied and collected by or on behalf of the City in the fiscal year that ended June 30, 1990, or in excess of ninety percent (90%) of the total of the taxes and other revenues to be levied and collected by or on behalf of the City in the Current Fiscal Year. It is hereby further certified, recited and declared that all acts, conditions and things essential to the validity of this note exist, have happened and have been done, and that every requirement of law affecting the issue thereof has been duly complied with, and that this note is within every debt and other limit prescribed by the Constitution and laws of the State of Utah. The full faith, credit, resources and all taxable property within the limits of the City are hereby irrevocably pledged to the levy of taxes for the fiscal year in which this note is issued and for the collection of and proper allocation of such taxes and other revenues provided for the Current Fiscal Year to the prompt payment of principal of and interest on this note and the issue of which it is one, according to its terms. IN WITNESS WHEREOF, the City has executed this note by causing it to be signed by its Mayor, countersigned by its City Treasurer and attested and countersigned by its City Recorder (the signatures of the Mayor and the City Treasurer being by facsimile and each of whom, by the execution hereof, does adopt as and for their own proper signatures his or her facsimile signature appearing on each of said notes), and has caused the facsimile of the official seal of the City to be printed hereon, all as of the day of July, 1990. SALT LAKE CITY, SALT LAKE COUNTY, UTAH (facsimile signature) COUNTERSIGN: Mayor (manual signature) City Treasurer ATTEST AND COUNTERSIGN: (facsimile signature) City Recorder [FACSIMILE SEAL] -11- Section 4. All of the covenants, statements, representations, agreements and promises contained in the Notes and all recitals and representations in this Resolution be, and the same are hereby, adopted as the covenants, statements, agreements and promises of the City. Section 5. The proceeds derived from the sale of the Notes shall be deemed allocated to the general fund of the City as needed to alleviate anticipated deficits in that fund arising from the timing of collection of taxes and other revenues of the Fiscal Year for that fund and shall be used solely for the purpose of meeting the current and necessary expenses of the City and for any other purpose for which funds of the City may be legally expended during the Fiscal Year. The holders of the Notes shall not be responsible for the application of the proceeds thereof by the City or any of its officers. Section 6. The City shall levy or cause to be levied for the Fiscal Year a sufficient tax, and there shall be levied and collected sufficient revenues other than taxes, to pay the principal of and interest on the Notes as the same fall due, and the Notes are issued in anticipation of the payment of such taxes and the collection of such revenues for the Fiscal Year. Section 7. There is hereby irrevocably appropriated from the first collection of taxes and other revenues for the Fiscal Year a sufficient fund to pay the principal of and interest on the Notes as the same shall fall due, and all expenses in connection therewith and all collection and other charges incident thereto or connected therewith shall be paid by the City. Section 8. The Bid of the Purchaser be, and the same hereby is, accepted. The Mayor, the City Treasurer and the City Recorder are hereby authorized and directed to sign, seal, execute, countersign, deliver and issue the Notes to the Purchaser, upon receipt of the purchase price therefor, as•specified in the preambles hereto and as provided herein. -12- • Section 9. (a) The Mayor, the City Recorder, the Director of Finance, the City Treasurer and other appropriate officials of the City are each hereby authorized and directed to execute such certificates and agreements as shall be necessary to establish that the Notes are not "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated or proposed thereunder, including, without limitation, Sections 1.103-13, 1.103-14, 1.103-15 and 1.148-0T to 1.148-9T, inclusive, of the Income Tax Regulations (26 CFR Part 1) as the same presently exist, or may from time to time hereafter be amended, supplemented or revised, and to establish that interest on the Notes is not and will not be includible in gross income of the holders thereof for federal income tax purposes. The City covenants and certifies to and for the benefit of the holders from time to time of the Notes that (i) it will at all times comply with the provisions of any certificates or agreements made or entered into hereunder and (ii) no use will be made of the proceeds of the issue and sale of the Notes, or any funds or accounts of the City that may be deemed to be available proceeds of the Notes, pursuant to Section 148 of the Code and applicable regulations (proposed or promulgated), which use, if it had been reasonably expected on the date of issuance of the Notes, would have caused the Notes to be classified as "arbitrage bonds" within the meaning of Section 148 of the Code. Pursuant to this covenant, the City obligates itself to comply throughout the term of the Notes with the requirements of Section 148 of the Code and the regulations proposed or promulgated thereunder. (b) The City further covenants and agrees to and for the benefit of the holders from time to time of the Notes that the City (i) will not take any action that would cause interest on the Notes to be or to become ineligible for the exclusion from gross income of the holders of the Notes as provided in Section 103 of the Code, (ii) will not omit to take or cause to be taken, in timely manner, any action, which omission would cause interest on the Notes to be or to become ineligible for the exclusion from gross income of the holders of -13- the Notes as provided in Section 103 of the Code and (iii) without limiting the generality of the foregoing, (A) will not take any action that would cause the Notes, or any Note, to be a "private activity bond" within the meaning of Section 141 of the Code or to fail to meet any applicable requirement of Section 149 of the Code and (B) will not omit to take or cause to be taken, in timely manner, any action, which omission would cause the Notes, or any Note, to be a "private activity bond" or to fail to meet any applicable requirement of Section 149 of the Code. The Mayor, the City Recorder, the Director of Finance, the City Treasurer and other appropriate officials of the City are each hereby authorized and directed to execute such certificates, representations and agreements as shall be necessary to establish that the Notes are not and will not become "private activity bonds," that all applicable requirements of Section 149 of the Code are and will be met and that the covenants of the City contained in this Section 9 will be complied with. (c) The City anticipates that the net proceeds of the Notes (including earnings thereon) will be treated as having been expended for the governmental purpose of the issue within six months after the issuance of the Notes as provided in, and within the meaning of, Section 148(f)(4)(B)(iii) of the Code. The City Treasurer shall determine the date upon which the cumulative cash flow deficit being financed by the Notes exceeds 90 percent of the proceeds of the Notes, all within the meaning of Section 148(f)(4)(B)(iii) of the Code. If such date is within six months after the issuance of the Notes, the City Treasurer shall request an opinion of note counsel to the effect that failure to pay any rebate amount pursuant to Section 148(f) of the Code will not adversely affect the excludability of interest on the Notes from gross income of the holders thereof for federal income tax purposes and shall provide appropriate certifications to note counsel upon which it may rely in rendering such opinion to the City. Provided that such opinion is obtained, it shall not be necessary for the City to pay any rebate amount pursuant to Section 148(f) of the Code with respect to the Notes, unless otherwise so stated in such opinion. -14- Section 10. All proceedings, resolutions and actions of the City and its officers, agents and representatives taken in connection with the sale and issuance of the Notes are hereby ratified, confirmed and approved. Section 11. All resolutions and orders or parts thereof in conflict with the provisions hereof are to the extent of such conflict hereby repealed. Section 12. That all capitalized terms defined in the preambles to this Resolution shall have the same meaning when used in this Resolution. Section 13. This Resolution shall become effective immediately upon its adoption. ADOPTED AND APPROVED this 12th day of June, 1990. SALT LAKE CITY, SALT LAKE COUNTY, UTAH Alan G. Hardman, Chair [SEAL] Municipal Council of Salt Lake City, Salt Lake County, Utah ATTESTED AND COUNTERSIGNED: Kathryn Marshall, City Recorder, Salt Lake City, Salt Lake County, Utah APPROVED: By Palmer A. DePaulis Mayor, Salt Lake City, Salt Lake County, Utah APPROVED AS TO FORM: Roger F. Cutler, City Attorney, Salt Lake City, Salt Lake County, Utah -15- (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 was adjourned. Alan G. Hardman, Chair Municipal Council of Salt Lake City, Salt Lake County, Utah [SEAL] ATTEST: Kathryn Marshall, City Recorder, Salt Lake City, Salt Lake County, Utah -16- STATE OF UTAH SALT LAKE COUNTY ) I, Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the foregoing is a full, true and correct copy of excerpts from the minutes of a public meeting of the Municipal Council of Salt Lake City, Salt Lake County, Utah (the "Municipal Council"), held in the Council Chambers, Room 315 of the City and County Building, 451 South State Street, in Salt Lake City, Utah, on June 12, 1990, including a resolution adopted at the meeting, as recorded in the regular official book of minutes of the proceedings of the Municipal Council kept in my office; that all members were given due, legal and timely notice of the 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 set my hand and affixed the official seal of Salt Lake City, Salt Lake County, Utah, this 12th day of June, 1990. Kathryn Marshall, City Recorder, Salt Lake City, Salt Lake County, Utah [SEAL] DRL/DBR/jgl/859850-res -17- BD71O1 (PF) Salt Lake City, Utah June 12 , 1990 The City Council (the "Council" ) of Salt Lake City, Utah County, Utah, (the "Issuer" ) met in regular session on Tuesday, the 12th day of June, 1990, at 6:00 p.m. at its regular meeting place at 451 South State Street, Salt Lake City, Utah. The following members of the Council were present: Alan Hardman Chair Nancy Pace Vice Chair Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Ronald Whitehead Councilmember Thomas M. Godfrey Councilmember Don C. Hale Councilmember Also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder Roger Cutler City Attorney Absent: None After the meeting had been duly called to order and the minutes of the preceding meeting approved, and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the Council a Certificate of Compliance With Open Meeting Law with respect to this June 12 , 1990 meeting, a copy of which is attached hereto as Exhibit „A" Whereupon the following Resolution was introduced in written form and pursuant to motion made by Councilmember and seconded by Councilmember , was fully discussed and adopted by the following vote: AYE: NAY: The Resolution was thereupon signed by the Chairperson in open meeting and is as follows: BD71O1 (PF> 2 RESOLUTION NO. OF 1990 A RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH $224, 000 SPECIAL ASSESSMENT BONDS, SERIES 1990, CALIFORNIA AVENUE CURB AND GUTTER EXTENSION SPECIAL IMPROVEMENT DISTRICT NO. 38-724 (THE "BONDS" ) ; PROVIDING FOR PRICING AND TERMS OF THE BONDS, PRESCRIBING THE FORM OF BONDS, THE MATURITY AND DENOMINATION OF SAID BONDS; PROVIDING FOR THE CONTINUANCE OF A GUARANTY FUND; AUTHORIZING AND APPROVING THE FORM OF A BOND PURCHASE AGREEMENT AND THE OFFICIAL STATEMENT, AND RELATED MATTERS. WHEREAS, the City Council (the "Council" ) of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) , has heretofore adopted proceedings for the construction of improvements in Salt Lake City, Salt Lake County, Utah California Avenue Curb and Gutter Extension Special Improvement District No. 38-724 (the "District" ) , and has adopted and approved the Ordinance of the District confirming the assessment roll for such improvements on the 17th day of April , 1990; and WHEREAS, notice of assessments to property owners in the District has been published in accordance with the requirements of the laws of the State of Utah and the ordinances of the Issuer, and notice of assessment has been mailed by the City Treasurer and to all the owners of property assessed in the District; and WHEREAS, the total cost of the improvements was approximately $3 , 733 , 000.00 of which the Issuer' s portion including federal funds, was $3 , 504, 969 .20; that during the cash payment period following the effective date of the Ordinance levying the assessment, property owners in the District have paid $3 , 641 . 02 on the principal of their assessments, leaving an amount to be paid through the issuance of bonds or from funds provided by the Issuer of $224,000. 00 (rounded down to the nearest $1,000) ; WHEREAS, First Security Bank of Utah, N.A. of Salt Lake City, Utah ( "First Security" ) has indicated its interest in purchasing the Bonds in the total principal amount of $224,000, plus accrued interest to the date of delivery, upon the terms and conditions as herein set forth and in accordance with the Bond Purchase Agreement, the form of which is set forth as Exhibit "B" hereto; and WHEREAS, the Council has determined that it is in the best interest of the Issuer to accept the offer of First BD71O1 (PF) 3 Security for the purchase of the Bonds and to award the sale of the Bonds to First Security; and WHEREAS, the Issuer has negotiated and agreed upon the pricing provisions and interest rate terms of the Bonds: NOW, THEREFORE, Be It Resolved by the City Council of Salt Lake City, Salt Lake County, Utah: BD71O1 (PP) 4 ARTICLE I DEFINITIONS; AUTHORITY 1 . 01 Definitions. As used in this Bond Resolution, unless the context shall otherwise require, the following terms shall have the following meanings: "Act" means the Utah Municipal Improvement District Act, Chapter 16, Title 10, Utah Code Annotated 1953 , as amended. "Allocable Portion" means the amount of the Guaranty Fund that is allocable to the Bonds according to ( i ) the proportion that the original face amount of the Bonds bears to the aggregate of the original face amounts of the Bonds and all other outstanding Special Improvement Bonds, or (ii ) any other method of allocation specifically approved in writing by nationally recognized bond counsel to the effect that the use of such method will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. "Bond Purchase Agreement" means the Bond Purchase Agreement to be dated June 12 , 1990 between the Issuer and First Security, in the form attached hereto as Exhibit "B" , pursuant to which the Bonds are to be sold by the Issuer to First Security. "Bondholder" or "Holder" means the registered owner of any Bond as shown in the registration books of the Issuer kept by the Bond Registrar for such purpose. "Bond Registrar" means each Person appointed by the Issuer as bond registrar and agent for the transfer, exchange and authentication of the Bonds. Pursuant to Sections 2 . 05 and 3 . 05 hereof the initial Bond Registrar for the Bonds is Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111, or its successors . "Bond Resolution" means this Resolution of the Issuer adopted on June 12 , 1990, authorizing the issuance and sale of the Bonds. "Bonds" means the Bonds of the Issuer authorized by this Bond Resolution. BD71O1 (PF) 5 "City Recorder" means the City Recorder of the Issuer. "City Treasurer" means the City Treasurer of the Issuer. "Code" means the Internal Revenue Code of 1986, as amended. "District" means the Salt Lake City, Salt Lake County, Utah California Avenue Curb and Gutter Extension Special Improvement District No . 38-724. "First Security" means First Security Bank of Utah, N.A. "Government Obligations" 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. "Gross Proceeds" means the gross proceeds of the Bonds as described in Section 148(f) (6) (B) of the Code . "Guaranty Fund" means the Special Improvement Guaranty Fund established by the Issuer to secure timely payment of all special assessment bonds issued by the Issuer pursuant to the Act. "Issuer" means Salt Lake City, Salt Lake County, Utah. "Mayor" means the Mayor of the Issuer. "Paying Agent" means each Person appointed by the Issuer as paying agent with respect to the Bonds. Pursuant to Sections 2 .05 and 3 . 05 hereof the initial Paying Agent for the Bonds is Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111, or its successors or assigns. "Person" means natural persons, firms, partnerships, associations, corporations, trusts, public bodies and other entities. "Qualified Investments" means any of the following: BD71O1 (PF) 6 (i ) demand deposits and time certificates of deposit of federally insured depositories of the State of Utah, (ii) Government Obligations, or (iii ) repurchase agreements with any federally insured bank or savings and loan association in the State of Utah, acting as principal or agent, for securities of the United States of America or other evidences of indebtedness of like quality. "Record Date" means (a) in the case of each interest payment date, the Bond Registrar' s close of business on the fifteenth day immediately preceding such interest payment date, and (b) in the case of each redemption, such record date as shall be specified by the Bond Registrar in the notice of redemption required by Section 2 .06 hereof, provided that such record date shall be not less than 15 calendar days before the mailing of such notice of redemption. "Special Assessment Fund" means the Special Assessment Fund defined in Section 4. 03 hereof. "Special Assessment Fund Matching Amount" means the amount on deposit in the Special Assessment Fund which will be depleted at least once each year to pay debt service on the Bonds plus a reasonable carryover amount not to exceed the greater of (i ) one year' s earnings on such amount of the Special Assessment Fund, or (ii ) one-twelfth of the annual debt service on the Bonds. "Special Improvement Bonds" means bonds issued by the Issuer pursuant to the Act, and as defined in Section 10-16-3 (5) of the Act. "Special Improvement Districts" means districts created within the Issuer pursuant to the Act and as defined in Section 10-16-3 (3 ) of the Act. "Tax-Exempt Obligations" means obligations of any state, territory or possession of the United States, or any political subdivision of any of the foregoing, or of the District of Columbia, which are described in, and the interest on which is excludible from gross income for federal income tax purposes under Section 103(a) of the Code, and stock of any qualified regulated investment company investing in tax-exempt bonds, which stock is not treated as investment property according to the terms of Internal Revenue Service Notice 87-22 or any successor BD7101 (PF) 7 thereto; provided, however, that such obligations and such tax-exempt bonds in which such investment company invests are not specified private activity bonds as defined in Section 57(a) (5) (C) of the Code. "Underwriter" means First Security Bank of Utah, N.A. "Unrestricted Portion of Bond Proceeds" means an amount of Gross Proceeds of the Bonds equal to the sum of (i ) 10% of the proceeds of the Bonds, plus (ii ) the lesser of (A) 5% of the proceeds of the Bonds, or (B) $100,000. The terms "hereby, " "hereof, " "hereto, " "herein, " "hereunder, " and any similar terms as used in this Bond Resolution, refer to this Bond Resolution. 1 . 02 Authority for Bond Resolution. This Bond Resolution is adopted pursuant to the provisions of the Act. BD7101 (PE) 8 ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF BONDS 2 . 01 Authorization of Bonds, Principal Amount Designation and Series. In accordance with and subject to the terms, conditions and limitations established in this Bond Resolution, a series of Special Assessment Bonds of the Issuer is hereby authorized to be issued in the aggregate principal amount of $224, 000. Such series of bonds shall be designated "Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990, California Avenue Curb and Gutter Extension Special Improvement District No. 38-724. " The Bonds shall be issued in fully registered form only, without coupons. 2 . 02 Purpose. The Bonds are hereby authorized to be issued for the purpose of ( a) reimbursing the Issuer for costs advanced in the construction of road improvements, curb, gutter, driveway approaches, storm drainage, utility relocations, traffic lanes, a new bridge over the surplus canal , the construction of California Avenue from Redwood Road to Pioneer Road and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner, and (b) retiring any outstanding interim warrants, and (c ) paying issuance expenses incurred in connection with the issuance of the Bonds . 2 . 03 Bond Details. The Bonds will be dated June 15, 1990, and will mature on December 1 in the following years and amounts and will bear interest at the following rate or rates: Maturity Interest LDec . 11 Amount Rate 1990 $ 22, 000 1991 22 , 000 1992 22 , 000 1993 22 , 000 1994 22 , 000 1995 22 , 000 1996 23 , 000 1997 23 , 000 1998 23 , 000 1999 23 , 000 TOTAL $224, 000 BD71O1 (PF) 9 The Bonds shall bear interest payable semiannually beginning on December 1, 1990 and continuing thereafter on June 1 and December 1 of each year by check or draft mailed to the registered owners of record of the Bonds. Each Bond shall accrue interest from the interest payment date next preceding the date on which it is authenticated, unless (a) it is authenticated before the first interest payment date following the initial delivery of Bonds, in which case interest shall accrue from their initial delivery date, or (b) if any Bond is authenticated on an interest payment date, in which case interest shall accrue from such interest payment date; provided that if at the time of authentication of any Bond, interest is in default, such Bond shall accrue interest from the date to which interest has been paid. The Bonds shall bear interest on overdue principal at the aforesaid respective rates. 2 . 04 Denominations and Numbers. Subject to the provisions of Section 4. 01 hereof, the Bonds shall be issued as fully registered bonds, without coupons, in the denomination of $1, 000, or any integral multiples thereof. The Bonds shall be numbered with the letter prefix "R" and shall be numbered from one ( 1 ) consecutively upwards in order of issuance . 2 . 05 Paying Agent and Bond Registrar . The Issuer may remove any Paying Agent and any Bond Registrar, and appoint a successor or successors thereto. The Issuer shall submit to the Paying Agent or Bond Registrar, as the case may be, a notice of such removal at least 30 days prior to the effective date of such removal , and shall specify the date on which such removal shall take effect. Such removal shall take effect on the date that each successor Paying Agent and Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by the Bond Resolution by executing and delivering to the Issuer a written acceptance thereof. The principal of, premium, if any, and interest on the Bonds shall be payable in any coin or currency of the United States of America which, at the respective dates of payment thereof, is legal tender for the payment of public and private debts . Principal of and premium, if any, on the Bonds shall be payable when due to the Holder of each Bond at the principal office of the Paying Agent. Payment of interest on each Bond shall be made to the person which, as of the Record Date, is the Holder of the Bond and shall he made by check or draft mailed to the Person which, as of the Record Date, is the Holder of the Bond, at the address of such Holder as it appears on the registration books of the Issuer kept by the Bond Registrar, or at such other address as is furnished to BD71O1 (PF) 10 the Bond Registrar in writing by such Holder on or prior to the Record Date . 2 . 06 Optional_ Redemption and Redemption Price. The Bonds maturing after December 1 , 1997 are callable for redemption prior to maturity at the election of the Issuer on December 1 , 1997, or on any interest payment date thereafter prior to maturity, in whole or in part, at a redemption price of 101% of the principal amount of Bonds to be redeemed, plus accrued interest to the date of redemption. Should all or any of the Bonds be called for redemption prior to maturity in accordance with this Section 2 . 06, such Bonds shall be called in inverse order of maturity and by lot within each maturity. Notice of redemption shall be given by the Bond Registrar by registered mail , not less than thirty (30) days prior to the redemption date, to the Holder, as of the Record Date, of each Bond which is subject to redemption, at the address of such Holder as it appears on the registration books of the Issuer kept by the Bond Registrar, or at such other address as is furnished to the Bond Registrar in writing by such Holder on or prior to the Record Date . Each notice of redemption shall state the Record Date, the redemption date, the place of redemption, the principal amount and, if less than all , the distinctive numbers of the Bonds to be redeemed, and shall also state that the interest on the Bonds 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 principal of, interest accrued thereon to the redemption date, and premium, if any. Any notice mailed as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Bondholder received such notice. Failure to give such notice or any defect therein with respect to any Bond shall not affect the validity of the proceedings for redemption with respect to any other Bond. 2 . 07 Sale of the Bonds . (a) Approval is hereby granted for the sale and delivery of the Bonds to First Security at an aggregate price of at least $224, 000, plus accrued interest to the date of delivery, at a purchase price of % plus interest at rates as set out in Section 2 . 03 hereof, and as set forth in the Bond Purchase Agreement. To evidence the acceptance of the Bond Purchase Agreement, the Mayor is hereby authorized to execute and deliver, and the City Recorder to seal and attest, BD71Oi (rF) 11 the Bond Purchase Agreement in substantially the form set out as Exhibit "B" which is attached hereto. (b) The form of the Official Statement of the Issuer in substantially the form attached hereto as Exhibit "C" , with such changes, insertions and revisions as the Mayor shall approve, is hereby approved and the Mayor shall execute and deliver the Official Statement to First Security for distribution to prospective purchasers of the Bonds and other interested persons . The approval of the Mayor of any such changes, omissions, insertions and revisions shall be conclusively established by the Mayor' s execution of the final Official Statement. 2 . 08 Execution of the Bonds. The Bonds shall be executed on behalf of the Issuer by the Mayor and attested by the City Recorder (the signatures of the Mayor and City Recorder being either manual and/or by facsimile) and the corporate seal of the Issuer or a facsimile thereof shall be impressed or imprinted thereon. The use of such facsimile signatures of the Mayor and City Recorder and such facsimile of the seal of the Issuer on the Bonds are hereby authorized, approved and adopted by the Issuer as the authorized and authentic execution, attestation and sealing of the Bonds by said officials . The Bonds shall then be delivered to the Bond Registrar for manual authentication by it. The Certificate of Authentication shall be substantially in the form provided in Section 5 . 01 hereof. Only such of the Bonds as shall bear thereon a Certificate of Authentication, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this Bond Resolution, and such certificate of the Bond Registrar shall be conclusive evidence that the Bonds so certified have been duly registered and delivered under, and are entitled to the benefits of, this Bond Resolution and that the Holder thereof is entitled to the benefits of this Bond Resolution. The Certificate of Authentication of the Bond Registrar on any Bond shall be deemed to have been executed by it if (a) such Bond is signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the Certificate of Authentication on all of the Bonds issued hereunder or that all of the Bonds hereunder be certified as registered by the same Bond Registrar, and (b) the date of authentication of the Bond is inserted in the place provided therefor on the Certificate of Authentication. The Mayor and City Recorder are authorized to execute, attest and seal from time to time, in the manner described above, Bonds (the "Exchange Bonds" ) to be issued and delivered for the purpose of effecting transfers and exchanges of Bonds HD71O1 (PF1 12 pursuant to Article II hereof. At the time of the execution, attestation and sealing of the Exchange Bonds by the Issuer, the payee, principal amount, CUSIP number, if any, maturity and interest rate shall be in blank. Upon any transfer or exchange of Bonds pursuant to Article III hereof, the Bond Registrar shall cause to be inserted in appropriate Exchange Bonds the appropriate payee , principal amount, maturity and interest rate. The Bond Registrar is hereby authorized and directed to hold the Exchange Bonds, and to complete, certify as to registration and authenticate ( if applicable) and deliver the Exchange Bonds, for the purpose of effecting transfers and exchanges of Bonds; provided that any Exchange Bonds registered, authenticated (if applicable) and delivered by the Bond Registrar shall bear the same series, maturity and interest rate as Bonds delivered to the Bond Registrar for exchange or transfer, and shall bear the name of such payee as the Bondholder requesting an exchange or transfer shall designate ; and provided further that upon the delivery of any Exchange Bonds by the Bond Registrar a like principal amount of Bonds submitted for transfer or exchange, and of like series and having like maturities and interest rates, shall be canceled. The execution, attestation and sealing by the Issuer and delivery to the Bond Registrar of any Exchange Bond shall constitute full and due authorization of such Bond containing such payee, principal amount, maturity and interest rate as the Bond Registrar shall cause to be inserted, and the Bond Registrar shall thereby be authorized to authenticate and deliver such Exchange Bond in accordance with the provisions hereof. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond ( including any Exchange Bond) shall cease to be such officer before the issuance or delivery of such Bond, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such issuance or delivery, respectively. 2 . 09 Delivery of Bonds. The Bonds shall be delivered to First Security at such time and place as provided in, and subject to, the provisions of the Bond Purchase Agreement. The City Treasurer is hereby instructed to make delivery of the Bonds to First Security and to receive payment therefor in accordance with the terms of the Bond Purchase Agreement. 2 . 10 Further Authority. The Mayor and the City Recorder and other officers of the Issuer 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 BD71O1 (PF) 13 as may be necessary or advisable to provide for the issuance, sale, registration and delivery of the Bonds. BD7101 (PE) 14 ARTICLE III TRANSFER AND EXCHANGE OF BONDS; BOND REGISTRAR 3 . 01 Transfer of Bonds. (a) Any Bond, may, in accordance with its terms, be transferred, upon the registration books kept by the Bond Registrar pursuant to Section 3 . 03 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Bond Registrar, duly executed. No transfer shall be effective until entered on the registration books kept by the Bond Registrar. The Issuer, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner thereof for the purpose of receiving payment of, or on account of, the principal or redemption price thereof and interest due thereon and for all other purposes whatsoever. (b) Whenever any Bond or Bonds shall be surrendered for transfer, the Bond Registrar shall authenticate and deliver a new fully registered Bond or Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 .08 hereof) of the same series, designation, maturity and interest rate and of authorized denominations duly executed. by the Issuer, for a like aggregate principal amount. The Bond Registrar 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. With respect to each Bond, no such transfer shall be required to be made (i ) after the Record Date with respect to any interest payment date to and including such interest payment date, or (ii ) after the Record Date with respect to any redemption of such Bond. (c) The Issuer shall not be required to register the transfer of or exchange any Bond selected for redemption in whole or in part, except the unredeemed portion of Bonds being redeemed in part. Upon surrender of any Bond redeemed in part only, the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Bondholder, at the expense of the Issuer, a new Bond or Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 .08 hereof) of the same series, designation, maturity and interest rate and of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered. B1771O1 (PF) 15 3 . 02 Exchange of Bonds. Bonds may be exchanged at the principal corporate trust office of the Bond Registrar for a like aggregate principal amount of fully registered Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 . 08 hereof) of the same series, designation, maturity and interest rate of other authorized denominations. The Bond Registrar 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. With respect to each Bond, no such exchange shall be required to be made (i ) after the Record Date with respect to any interest payment date to and including such interest payment date, or (ii ) after the Record Date with respect to any redemption of such Bond. 3 . 03 Bond Registration Books. This Bond Resolution shall constitute a system of registration within the meaning and for all purposes of the Registered Public Obligations Act, Chapter 7 of Title 15, Utah Code Annotated 1953 , as amended. The Bond Registrar shall keep or cause to be kept, at its principal office, sufficient books for the registration and transfer of the Bonds, which shall at all times be open to inspection by the Issuer; and, upon presentation for such purpose, the Bond Registrar shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Bonds as herein provided. 3 .04 List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the Holders of all Bonds and upon any transfer shall add the name and address of the new Bondholder and eliminate the name and address of the transferor Bondholders. 3 . 05 Duties of Bond Registrar. If requested by the Bond Registrar, the Mayor and City Recorder are authorized to execute the Bond Registrar' s standard form of agreement between the Issuer and the Bond Registrar with respect to the compensation, obligations and duties of the Bond Registrar hereunder which may include the following: (a) to act as bond registrar, authenticating agent, paying agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the Issuer upon request, but otherwise to keep such list confidential; (c) to give notice of redemption of Bonds as provided herein; BD71O1 (PF) 16 (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the Issuer at least annually a certificate with respect to Bonds canceled and/or destroyed; and (f) to furnish the Issuer at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. ED71O1 (PF) 17 ARTICLE IV COVENANTS AND UNDERTAKINGS 4. 01 Covenants of Issuer. All covenants, statements, representations and agreements contained in the Bonds, and all recitals and representations in this Bond Resolution are hereby considered and understood and it is hereby resolved that all said covenants, statements, representations and agreements of the Mayor, are the covenants, statements, representations and agreements of the Issuer. 4.02 Ratification of Prior Proceedings. All the proceedings heretofore taken and adopted for the creation of the District and for the construction of improvements therein and the assessment of a part of the cost of constructing such improvements on and against the private properties in the District shall be and the same are hereby ratified, approved, and confirmed. No assessment will exceed the benefit to be derived from the improvements by the piece of property assessed, and no parcel of property will bear more than its proportionate share of the cost of the improvements to be made. 4. 03 Levy and Collection of Assessments. The City Treasurer shall be and is hereby authorized and empowered, and it shall be his/her duty to receive and collect all assessments levied to pay the cost of said improvements of the District, the installments thereon, the interest thereon, and the penalties accrued, including without limiting the generality of the foregoing, the whole of the unpaid principal , interest and penalties accrued which become due and payable immediately because of the failure to pay any installment whether of principal or interest, when due, and to pay and disburse such payments to the person or persons lawfully entitled to receive the same in accordance with the laws of the State of Utah and all the ordinances and resolutions of the Issuer heretofore or to be hereafter adopted. All moneys constituting the payment of assessments pursuant to the assessment ordinance adopted on April 17, 1990 including interest thereon, shall be placed in a regular fund to be designated "Special Assessment Fund (or the Special Improvement Debt Service Fund) of Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 California Avenue Curb and Gutter Extension Special Improvement District No. 38-724 (the "Special Assessment Fund" ) , and shall be used for the purpose of paying the principal of and the interest on the Bonds of the District and for no other purpose BD7101 (PE) 18 whatsoever, and as security for such payment, said fund is hereby pledged. 4. 04 Investment of Funds . Moneys deposited in the Special Assessment Fund and Guaranty Fund may be invested in Qualified Investments, provided, however, that any moneys remaining in the Special Assessment Fund for more than twelve 112 ) months may be so invested only upon the City Treasurer obtaining an opinion of nationally recognized municipal bond counsel to the effect that such investment will not adversely affect the exclusion from federal income taxes of interest on and of the Bonds, all in accordance with Section 103 (c) of the Internal Revenue Code and the regulations _promulgated thereunder. 4 . 05 Guaranty Fund. The provisions of Section 10 of the Assessment Ordinance adopted and approved by the Issuer on the 17th day of April, 1990, in reference to the Guaranty Fund is hereby readopted and the Issuer agrees with the holder of the Bonds herein authorized that it will , until the payment of the Bonds in full and the interest thereon has been paid, provide amounts to be transferred to the Guaranty Fund equal each year to such amount as a tax levy of . 0002 on all property within the Issuer will produce until the Guaranty Fund is equal to not less than forty percent (40%) of the amount of a].l outstanding improvement bonds of all regular improvement districts of the Issuer issued prior to March 30, 1981, and twenty-five percent (25%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued between March 30, 1981 and March 30, 1990, and ten percent ( 10%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued thereafter, the Issuer will transfer to such fund such amounts at least yearly as may be required to maintain or replenish such Fund to such percentage . The Guaranty Fund shall be maintained separate and apart from other municipal funds and shall be used and applied only as provided by the laws of the State of Utah. Moneys deposited in the Guaranty Fund shall be invested in such manner as to comply with Section 17-7-31 (3 ) ( c ) of the Act and Section 148 of the Code and the Issuer hereby covenants to maintain such books and records and to account for all moneys deposited in the Guaranty Fund with respect to the Bonds so as to insure that such moneys shall not be invested at a yield in excess of the yield on the Bonds as applicable . 4. 06 Insufficiencies in Special Assessment Fund. Should there be insufficient money in the Special Assessment Fund to pay all of the interest falling due at one time and the principal amount thereof due, the interest and principal shall BP7101 (PP) 19 be paid from the Guaranty Fund on a parity basis to the extent that there is sufficient money in the Guaranty Fund for this purpose, and the Bonds are payable exclusively from the regular assessments levied for said purpose and the Guaranty Fund. 4. 07 Lien of Assessment. The assessments, any interest accruing on the assessments and the penalties and costs of collection of the assessment shall continue to constitute and are hereby declared to be a lien against the properties upon which the assessment is levied within the District from and after April 20, 1990, the date on which the ordinance levying the regular assessments became effective, which lien shall be superior to the lien of any trust deed, mortgage, mechanic ' s or materialman' s lien, or other encumbrance, and shall be equal to and on a parity with the lien for general property taxes . Such lien shall continue until the assessment and any interest, penalties, and costs thereon are paid, notwithstanding any sale of the property for or on account of a general property tax, regular tax, other assessment, or the issuance of a tax deed, an assignment of interest by the county, or a sheriff' s certificate of sale or deed. 4. 08 Deposit of Funds. The Funds hereinabove referred to shall be kept separate and apart from each other and from any other funds of the Issuer and shall, from time to time as they are accumulated, be deposited in such bank or banks as are designated as depositories of public monies for funds of the Issuer under the depository laws of the State of Utah for the deposit of public funds . 4. 09 Default in Payment of Assessments . Default in the payment of any installment of principal or interest of the assessments levied pursuant to the Assessment Ordinance adopted by the Issuer on April 17, 1990 when due, may at the election of the Issuer, cause the whole of the unpaid principal or interest to become due and payable immediately and the whole amount of the unpaid principal shall thereafter draw interest at the rate of 18% per annum until paid. In addition, costs and expenses of collection may be added to the delinquent installments . The Issuer covenants and agrees that it will proceed with due diligence to collect delinquent payments plus collection costs . It may place in operation the procedure necessary to provide for a tax sale of all delinquent property in accordance with the ordinances of the Issuer or in the manner provided by Chapter 10, Title 59 , Utah Code Annotated 1953 , as amended for the sale of property for delinquent general property taxes as provided in Section 16-16-24 of the Act. BD7101 (PF) 20 In lieu of the tax sale enforcement remedy, the Issuer may provide for the summary sale of any property assessed after a delinquency shall have occurred in the payment of any assessment or part or installment of it. The sale shall be in the manner provided for actions to foreclose mortgage liens or trust deeds, except that if at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale . The proceeds from the sale of any property sold will be placed in the Special Assessment Fund. The remedies provided in this section for the collection of assessments and the enforcement of liens and any other remedies available under law to the Issuer shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means and that the proceeds from the sale of any property sold will be placed in the Special Assessment Fund hereinabove referred to. 4. 10 Bonds in Registered Form. The Issuer recognizes that Section 149 of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the Issuer agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. 4. 11 Tax Covenants. ( a) The Mayor and the City Recorder are hereby authorized and directed to execute such certificates as shall be necessary to establish that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and the Treasury Regulations promulgated or proposed thereunder, including Treasury Regulation Sections 1 . 103-13 , 1 . 103-14, 1 . 103-15 and 1 . 103-15AT as the same presently exist, or may froth time to time hereafter be amended, supplemented or revised. The Issuer covenants and certifies to and for the benefit of the Bondholders and the Beneficial Owners of the Bonds that no use will be made of the proceeds of the issue and sale of the Bonds, or any funds or accounts of the Issuer which may be deemed to be Gross Proceeds of the Bonds, which use, if it had been reasonably expected on the date of issuance of the Bonds, would have caused the Bonds to be classified as "arbitrage bonds" within the meaning of Section BD71O1 (PE) 21 148 of the Code . Pursuant to this covenant, the Issuer obligates itself to comply throughout the term of the Bonds with the requirements of Sections 103 through 150 of the Code and the regulations proposed or promulgated thereunder. The Issuer further represents and covenants that no bonds or other evidences of indebtedness of the Issuer have been or will be issued, sold or delivered within a period beginning 31 days prior to the sale of the Bonds and ending 31 days following the delivery of the Bonds. (b) The Issuer hereby covenants and agrees to determine the Allocable Portion of the Guarantee Fund allocable to the Bonds upon the occurrence of each of the following events: ( i ) upon the date of issuance of the Bonds; ( ii ) when the size of the Guaranty Fund increases as a result of either (A) deposits into the Guaranty Fund, or (B) earnings credited to the Guaranty Fund; ( iii ) when the last bond of any outstanding issue of Special Improvement Bonds is retired; and ( iv) when new Special Improvement Bonds are issued by the Issuer. The amount of such Allocable Portion, if any, which exceeds the Unrestricted Portion of Bond Proceeds will , immediately upon such determination of such Allocable Portion, be invested at a yield not exceeding the yield on the Bonds or in Tax-Exempt Obligations . For this purpose, proceeds of and yield on the Bonds shall be based upon the first price at which a substantial amount (not less than 10%) of the principal amount of the Bonds are sold to the public or final purchasers (not including bond houses or brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) . Yield on the Bonds and on the investment of proceeds thereof shall be calculated in the manner provided in Treasury Regulation Section 1 . 103-13 (c) and Section 148(h) of the Code, and the provisions therein will be complied with in all respects . Thus, generally, yield means that percentage rate which when used in computing the present value of payments of principal of and interest on the Bonds or investments of proceeds thereof produces an amount equal to the purchase price thereof. (c ) (i ) There is hereby created and established a fund designated the "Rebate Fund of Salt Lake City, Salt Lake County, Utah California Avenue Curb and Gutter Extension Special Improvement District No. 38-724 ( the "Rebate Fund" ) B07101 (Pr) 22 for the purpose of compliance with the rebate requirements of Section 148( f) of the Code . The requirements of this subsection (c) are subject to, and shall be interpreted in accordance with, Section 148 of the Code and the Treasury Regulations promulgated in connection therewith. (ii ) The Issuer shall account for the investment of the Gross Proceeds of the Bonds comprised of , and make the required arbitrage rebate payments to the federal government from the earnings from said Gross Proceeds of the Bonds or from any other legally available source (provided, however, that this obligation shall not be construed as constituting a debt or liability of the Issuer within the meaning of any constitutional or statutory limitation upon the incurrence of indebtedness by the Issuer) at the times, upon the terms and conditions, and in the manner specified in Section 148(f) of the Code and the Treasury Regulations promulgated in connection therewith. (iii ) The Issuer shall compute the amount of "Excess Earnings, " if any, as required by Section 148( f) of the Code and the Treasury Regulations promulgated in connection therewith (notwithstanding any provision or requirement in this Resolution to the contrary) , and shall transfer into the Rebate Fund such amount from the accounts established hereunder or from the other legally available moneys of the Issuer. Amounts held in the Rebate Fund shall be invested and reinvested by the City Treasurer, in Qualified Investments which mature or are subject to redemption by the holder or owner prior to the date such funds are expected to be needed. Notwithstanding anything contained herein to the contrary, interest accruing on and profit realized from funds on deposit in the Rebate Fund shall be deposited into the Rebate Fund. If at any time the amount in the Rebate Fund exceeds the amount that would be required to be paid to the United States under paragraph (v) below if the Bonds had been paid in full , such excess shall promptly be transferred to the Bond Fund. ( iv) In general , "Excess Earnings" for any period of time means the sum of (A) the excess of -- ( I ) the aggregate amount earned from the date of issue of the Bonds on all "Nonpurpose BP71O1 (PF) 23 Investments" (including gains on the disposition of such obligations) in which Gross Proceeds of the Bonds are invested (other than amounts attributable to an excess described in this subparagraph (iv) ( I ) ) , over ( II ) the amount that would have been earned during such period of time if the yield on such Nonpurpose Investments had been equal to the yield on the Bonds, plus (B) any income during such period of time attributable to the excess described in subparagraph (iv) (A) above. "Excess Earnings" will not include amounts which need not be taken into account under the special rules of Section 148 of the Code or any successor thereof relating to bona fide debt service funds. The term "Nonpurpose Investments" shall have the meaning prescribed by Section 148 of the Code or any successor thereof and shall be applied in the manner prescribed in such section. (v) The Issuer shall make the payments to the United States required in this subsection in installments. The first payment shall be made no later than 29 days after the fifth anniversary of the date of issuance of the Bonds and the payment of each subsequent installment (except the last installment) shall be made not later than five years after the preceding payment was due. Each installment (except the last installment) shall be in an amount which, when added to all prior installments, is not less than 90% of the Excess Earnings computed as of the anniversary of the date of issuance of the Bonds nearest to the date of payment. Payment of the last installment shall be made not later than 60 days after the date on which the last Bond has been discharged, in an amount which, when added to all prior installments, equals 100% of the Excess Earnings determined as of the payment date of the last installment. Each payment shall be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255, accompanied by a statement summarizing the Issuer" s determination of the amount required to be paid B1)7101 (PP) 24 to the United States together with a copy of the Form 8038-G filed with respect to the Bonds. (vi ) The City Treasurer will keep and retain or cause to be kept and retained, until the date six years after the retirement of the last Bond, adequate records with respect to the Bonds and the investment and expenditure of Gross Proceeds thereof to comply with the aforementioned arbitrage rebate requirements, including without limitation a complete list of all investments and reinvestments of Gross Proceeds of the Bonds including (A) purchase price, (B) purchase date, (C) type of security or investment, (D) accrued interest paid (if any) , (E) interest rate (if applicable) , (F) dated date (if applicable) , (G) principal amount, (H) date of maturity, ( I ) interest payment dates (if applicable) , (J) date of liquidation, (K) amounts received upon liquidation, and (L) the market value of such security or investment on the date it became Gross Proceeds of the Bonds and on the date of the retirement of the last Bond if then held by the Issuer. (d) The Issuer hereby covenants and agrees that it will not enter into any transaction or cause any transaction to be entered into with respect to the investment of Gross Proceeds of the Bonds, or otherwise, which reduces the amount which may be required to be paid to the United States pursuant to the arbitrage rebate requirements specified hereinabove, because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm' s length and had the yield on the Bonds not been relevant to either party. (e) The Issuer further covenants and agrees to and for the benefit of the Bondholders that the Issuer (i ) will not take any action that would cause interest on the Bonds to become subject to federal income taxation, (ii ) will not omit to take or cause to be taken, in timely manner, any action, which omission would cause the interest on the Bonds to become subject to federal income taxation, and (iii ) will , to the extent possible, comply with any other requirements of federal tax law applicable to the Bonds in order to preserve the exemption from federal income taxation of interest on the Bonds 4. 12 . Nondesignation of Bonds. The Issuer has not designated the Bonds, and the Bonds are not qualified, as qualified tax-exempt obligations under Section 265(b) (3 ) of the Code , relating to the deductibility of a financial institution' s interest expenses allocable to tax-exempt interest. BD71O1 (PE) 25 4. 13 . Investment of Funds . Moneys deposited in the Guaranty Fund may be invested in Qualified Investments. Moneys deposited in the Special Assessment Fund may be invested in Qualified Investments or in Tax-Exempt Obligations ; provided, however, that any amount in the Special Assessment Fund which exceeds the sum of (i ) the Special Assessment Fund Matching Amount, plus ( ii ) the excess, if any, of (A) the Unrestricted Portion of Bond Proceeds, over (B) the Allocable Portion of the Guaranty Fund ( as a result, for example, of prepayment of assessment installments) , shall be invested at a yield not to exceed the yield on the Bonds or in Tax-Exempt Obligations. Bn71O1 (PF) 26 ARTICLE V FORM OF BONDS 5 . 01 Form of Bonds. Each fully registered Bond shall be, respectively, in substantially the following form, with such insertions or variations as to any redemption or amortization provisions and such other insertions or omissions, endorsements and variations as may be required: 807101 (Ps) 2 [FORM OF BOND] Registered Registered UNITED STATES OF AMERICA STATE OF UTAH SALT LAKE CITY SALT LAKE COUNTY, UTAH $224, 000 SPECIAL ASSESSMENT BOND, SERIES 1990 CALIFORNIA AVENUE CURB AND GUTTER EXTENSION SPECIAL IMPROVEMENT DISTRICT NO. 38-724 Number R- $ ORIGINAL INTEREST MATURITY ISSUE RATE: DATE: DATE: CUSIP : June 15 , 1990 Registered Owner: Principal Amount: DOLLARS Salt Lake City, Salt Lake County, Utah (the "Issuer" ) , a duly organized and existing political subdivision of the State of Utah, acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, or registered assigns , on the Maturity Date identified above, upon presentation and surrender hereof, the Principal Amount identified above, and to pay the Registered Owner hereof interest on the balance of said Principal Amount from time to time remaining unpaid specified below at the interest rate per annum (calculated on the basis of a year of 360 days and twelve 30-day months) identified above (the "Interest Rate" ) , payable on December 1 , 1990, and thereafter in each year on each June 1 and December 1 , until payment in full of said Principal Amount. Interest on this Bond shall accrue from the interest payment date next preceding the date on which it is authenticated, unless ( a) it is authenticated BD7101 (PF) 28 before the first interest payment date following the initial delivery of Bonds, in which case interest shall accrue from the Original Issue Date identified above, or (b) if this Bond is authenticated on an interest payment date, in which case interest shall accrue from such interest payment date; provided that if at the time of authentication of this Bond, interest is in default, interest shall accrue from the date to which interest has been paid. Principal of and premium, if any, on this Bond shall be payable at the principal corporate trust office of Zions First National Bank, Salt Lake City, Utah, as 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; and payment of the annual 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 Bond Registrar' s close of business on the fifteenth day immediately preceding each interest payment date at the address of such Registered Owner as it appears on the registration books kept by the hereinafter defined Bond Registrar, or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar as provided in the hereinafter defined Bond Resolution. This Bond is one of the Special Assessment Bonds, Series 1990 of the Issuer (the "Bonds" ) limited to the aggregate principal amount of $224, 000 issued under and by virtue of the Utah Municipal Improvement District Act, Chapter 16, Title 10, Utah Code Annotated 1953 , as amended (the "Act" ) , and under and pursuant to a resolution of the Issuer adopted on June 12 , 1990 ( the "Bond Resolution" ) , for the purpose of ( a) reimbursing the Issuer for costs advanced for the construction of road improvements, curb, gutter, sidewalks, driveway approaches, storm drainage, utility relocations, traffic lanes, a new bridge over the surplus canal, the construction of California Avenue from Redwood Road to Pioneer Road and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner (the "Improvements" ) , and (b) retiring any outstanding interim warrants, and ( c) paying issuance expenses incurred in connection with the issuance of the Bonds. Zions First National Bank is the initial bond registrar and paying agent with respect to the Bonds . Said bond registrar and paying agent, together with any successor bond registrar or paying agent, respectively, is referred to herein as the "Bond Registrar" and the "Paying Agent" . Payment of this Bond and the interest thereon shall be made from, and as security for such payment there is pledged BD71O1 (PP) 29 the Special Assessment Fund of Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 California Avenue Curb and Gutter Extension Special Improvement District No. 38-724 (the "District" ) , containing the receipts derived by the Issuer from the regular assessments levied upon the property included in the District by the Assessment Ordinance adopted by the Issuer, which ordinance became effective on April 20, 1990 (the "Assessment Ordinance" ) , for the purpose of paying the costs of the Improvements under, by virtue of, and in full conformity with the Constitution and laws of the State of Utah and certain ordinances and resolutions of the Issuer duly passed and made law thereof prior to the issuance hereof. The Bonds are callable for redemption prior to maturity at the election of the Issuer on December 1, 1997, or on any interest payment date thereafter, in whole or in part, in inverse order of maturity and by lot within each maturity, at a redemption price of 101% of the principal amount of Bonds to be redeemed, plus accrued interest to the date of redemption. Notice of redemption shall be given by the Bond Registrar by registered mail not less than thirty (30) days prior to the redemption date, to the Registered Owner of each Bond which is subject to redemption, at the address of such Registered Owner as it appears on the registration books kept by the Bond Registrar, or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar, all as provided in the Bond Resolution. If notice of redemption shall have been given as aforesaid, the Bonds or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for the payment of the redemption price of all the Bonds to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such Bonds shall cease to accrue and become payable. It is hereby certified that a Special Improvement Guaranty Fund has been created by ordinance as authorized by Utah statutes, and the Issuer agrees that at all times during the life of this Bond and until payment thereof in full , said fund shall be at all times maintained as required by ordinance. This Bond is not a general obligation of the Issuer but is payable exclusively out of said Special Assessment Fund and said Special Improvement Guaranty Fund. BDh1O1 (PP) 30 The Issuer shall not be held liable for the payment of this Bond, except to the extent of the Funds created and received by said regular assessments and to the extent of its Special Improvement Guaranty Fund; but the Issuer shall be held responsible for the lawful levy of all regular assessments, for the creation and maintenance of the Special Improvement Guaranty Fund as provided by law, and for the faithful accounting, collection, settlement and payment of the assessments and for the moneys of said fund. The special assessments made and levied pursuant to the Assessment Ordinance, with accruing interest thereon, and the cost of collection of the assessments constitute a lien upon and against the property upon which such assessments were made and levied from and after April 20, 1990, the date upon which the Assessment Ordinance became effective, which lien is superior to the lien of any trust deed, mortgage, mechanic ' s or materialman' s lien or other encumbrance. Said lien is equal to and on a parity with the lien for general property taxes and shall continue until the assessments and interest thereon are paid, notwithstanding any sale of the property for or on account of a general property tax, regular tax, other assessment or the issuance of an auditor' s deed. This Bond is transferable, as provided in the Bond Resolution, only upon the books of the Issuer kept for that purpose at the principal office of the Bond Registrar, by the Registered Owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the Registered Owner or such duly authorized attorney, and thereupon the Issuer shall issue in the name of the transferee a new registered Bond or Bonds of authorized denominations of the same aggregate principal amount, series, designation, maturity and interest rate as the surrendered Bond, all as provided in the Bond Resolution and upon the payment of the charges therein prescribed. No transfer of this Bond shall be effective until entered on the registration books kept by the Bond Registrar. The Issuer, the Bond Registrar and the Paying Agent may treat and consider the person in whose name this Bond is registered on the registration books kept by the Bond Registrar 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, and neither the Issuer, nor the Bond Registrar nor the Paying Agent shall be affected by any notice to the contrary. BD7101 (PE) 31 The Bonds are issuable solely in the form of registered Bonds without coupons in the denomination of $1 ,000 or any integral multiples thereof. Except as otherwise provided herein and unless the context clearly indicates otherwise, words and phrases used herein shall have the same meanings as such words and phrases in the Bond Resolution. 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 Act and all other laws applicable thereto. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Utah and by the Act and the Bond Resolution to exist, to have happened or to have been performed precedent to or in connection with 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 Issuer, is within every debt and other limit prescribed by said Constitution and statutes, and that the aggregate amount of special assessment bonds of the Issuer for the District, including this Bond, does not exceed the amount authorized by law nor the special assessment levied to cover the cost of improvements in the District, and that all of said special assessment has been lawfully levied. This Bond shall not be valid until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. BD71O1 (PF) 32 IN WITNESS WHEREOF, THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, has caused this Bond to be signed in its name and on its behalf by its Mayor and attested by its City Recorder (the signatures of said Mayor and City Recorder being by facsimile or manual signature) , and has caused the facsimile of its corporate seal to be impressed or printed hereon, and said officials by the execution hereof to adopt as and for their own proper signatures their facsimile signatures appearing on each of the Bonds. (Do Not Sign) Mayor ATTEST: (Do Not Sign) City Recorder [ S E A L ] BD71o1 (PF) 33 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Bond Resolution and is one of the Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 California Avenue Curb and Gutter Extension Special Improvement District No. 38-724. ZIONS FIRST NATIONAL BANK as Bond Registrar By Authorized Officer Date of authentication: * * * * * * 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 TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. BD7101 (PE') 34 ASSIGNMENT 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 and hereby irrevocably constitutes and appoints attorney to register the transfer of said Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature: SIGNATURE GUARANTEED: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of NOTICE: Signature(s) must be the within Bond in every guaranteed by a member firm particular , without of the New York Stock alteration or enlargement or Exchange or a commercial any change whatever. bank or trust company. BD7101 (Pr) 35 MISCELLANEOUS 6 . 01 Ratification. All proceedings, resolutions and actions of the Issuer and its officers taken in connection with the sale and issuance of the Bonds are hereby ratified, confirmed and approved. 6 .02 Severability. It is hereby declared that all parts of this Bond Resolution are severable, and if any section, paragraph, clause or provision of this Bond Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this Bond Resolution. 6. 03 Conflict. All resolutions, orders and regulations or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this Bond Resolution are, to the extent of such conflict, hereby repealed. 6 . 04 Captions. The table of contents or headings herein are for convenience of reference only and in no way define, limit or describe the scope or intent of any provisions or sections of this Bond Resolution. 6. 05 Effective Date. This Bond Resolution shall take effect immediately. ADOPTED AND APPROVED this 12th day of June, 1990. Chair ATTEST: City Recorder [ S E A L ] BD7101 (PF) 36 (Other business not pertinent to the foregoing appears in the minutes of the meeting. ) The meeting was then adjourned. Chair ATTEST: City Recorder ( S E A L ) BD71O1 (PF) 37 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the 12th day of June, 1990. Chair MAYOR' S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 12th day of June, 1990. Palmer A. DePaulis Mayor BD7101 (Pr) 38 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, do hereby certify that I am the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) . I further certify that the above and foregoing is a true and correct copy of the minutes of a meeting of the City Council held on June 12 , 1990, including a resolution adopted at said meeting as said minutes and resolution are officially of record and in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of the Issuer this 12th day of June, 1990. City Recorder ( S E A L ) BD71O1 (PF) 39 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall , the undersigned City Recorder of Salt Lake City, Utah (the "Issuer" ) , do hereby certify, according to the records of the Issuer in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the June 12 , 1990 public meeting held by the Issuer as follows: 1 . By causing a Notice in the form attached hereto as Schedule "A" , to be posted at the Issuer' s offices at 451 South State Street, Salt Lake City, Utah on June 9, 1989, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and 2 . By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on June 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD71O1 (PF) 40 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 12th day of June, 1990 . City Recorder ( S E A L ) BD7101 (BF) 41 EXHIBIT "B" Form of Bond Purchase Agreement ( See Transcript Document No. ) BD71O1 (PF) 42 EXHIBIT "C" Official Statement ( See Transcript Document No. ) BD7101 <PF) 43 , BD7093 (PF) $224, 000 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT BONDS SERIES 1990 CALIFORNIA AVENUE CURB AND GUTTER EXTENSION SPECIAL IMPROVEMENT DISTRICT NO. 38-724 BOND PURCHASE AGREEMENT June 12, 1990 Salt Lake City City and County Building 451 South State Street Salt Lake City, UT 84111 On the basis of the representations and covenants contained herein and subject to the terms and conditions herein set forth, the undersigned, First Security Bank of Utah, N.A. (the "Underwriter" ) , hereby agrees to purchase from Salt Lake City $224, 000 in aggregate principal amount Special Assessment Bonds, Series 1990 (the "Bonds" ) with respect to California Avenue Curb and Gutter Extension Special Improvement District No. 38-724 (the "District" ) , and Salt Lake City agrees to sell and deliver to the Underwriter the Bonds to be issued under and pursuant to a resolution adopted by the City Council of Salt Lake City on June 12 , 1990 (the "Resolution" ) containing final provisions for the pricing and terms of the Bonds. Exhibit "A" , which is incorporated by reference into this Bond Purchase Agreement, contains a brief description of the Bonds, the manner of their issuance, the purchase price to be paid and the date of delivery and payment (the "Closing" ) . SECTION 1 . Representations, Warranties and Agreements of Salt Lake City. By acceptance hereof Salt Lake City hereby represents and warrants to, and agrees with, the Underwriter that: ( a) Salt Lake City, Salt Lake County, Utah (the "City" ) is authorized to act for the purpose of exercising the powers contained in Chapter 16 of Title 10, Utah Code Annotated 1953 , as amended (referred to herein as the "Act" ) and the City is authorized by the provisions of the Act to issue the Bonds. (b) The City has full power and authority to consummate all transactions contemplated by this Bond Purchase Agreement, the Bonds, and any and all other agreements relating thereto. (c) The information contained in the final Official Statement that may be authorized for use by the City with respect to the Bonds (the "Official Statement" ) , is, and as of the Closing Time (hereinafter defined) will be true and does not contain any untrue statement of a material fact and does not omit and will not omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (d) Upon the adoption of the Resolution, the City will have duly authorized all necessary action to be taken by the City for: (1) the issuance and sale of the Bonds upon the terms set forth herein and in the Official Statement; (2 ) the appointment of Zions First National Bank, as Registrar and Paying Agent; (3) the approval and the execution of the final Official Statement; (4) the execution, delivery, receipt and due performance of this Bond Purchase Agreement, the Bonds, and any and all such other agreements and documents as may be required to be executed, delivered and received by the City in order to carry out, give effect to and consummate the transactions contemplated hereby and by the Official Statement; and _ (5) the carrying out, giving effect to and consummation of the transactions contemplated hereby and by the Official Statement. Executed counterparts of the Resolution and signed copies of the Official Statement will be delivered to the Underwriter by the City at the Closing Time. (e) There is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court, public board or body pending or, to the best of its knowledge, threatened against or affecting the City (or to its knowledge any basis therefor) , wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated hereby or by the Official Statement or the validity of the Bonds, this Bond Purchase Agreement or any agreement or instrument to which the City is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or by the Official Statement. BD7093 (PF) 2 ( f) The execution and delivery of the Official Statement, this Bond Purchase Agreement, the Bonds, the Resolution and the other agreements contemplated hereby and by the Official Statement, and compliance with the provisions thereof, will not conflict with or constitute on the part of the City a breach of or a default under any existing law, court or administrative regulation, decree or order or any agreement, indenture, mortgage, lease or other instrument to which the City is subject or by which the City is or may be bound. ( g) The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer whose arbitrage certifications may not be relied upon. (Ii) Any certificate signed by any officers of the City duly authorized to execute documents regarding the issuance of the Bonds and delivered to the Underwriter shall be deemed a representation and warranty by the City to the Underwriter as to the statements made therein. SECTION 1 . 1 . Purchase, Sale and Delivery of the Bonds . On the basis of the representations, warranties and covenants contained herein, and subject to the terms and conditions herein set forth, at the Closing Time (hereinafter defined) the Underwriter agrees to purchase from the City and the City agrees to sell to the Underwriter the Bonds at a purchase price equal to % of par, plus accrued interest from the date of the Bonds to the date of payment and delivery. The Bonds shall be issued under and secured, shall mature and bear interest and shall be subject to redemption as set forth in the Resolution. Payment for the Bonds shall be made by certified or official bank check or draft in immediately available federal funds payable to the order of Salt Lake City Corporation for its account, at the offices of Ballard, Spahr, Andrews & Ingersoll , at _ p.m. , on or about June 26, 1990, or such other place , time or date as shall be mutually agreed upon by the City and the Underwriter. The date of such delivery and payment is herein called the "Closing Date" , and the hour and date of such delivery and payment is herein called the "Closing Time" . The delivery of the Bonds shall be made in definitive form (provided neither the printing of a wrong number on any Bond nor the failure to print a number thereon shall constitute cause to refuse delivery of any Bond) and shall be made in fully registered form ( in such denominations as the Underwriter shall specify in writing at least 33D7O93 (PE) 3 forty-eight (48) hours prior to the Closing Time) . The Bonds shall be available for examination and packaging by the Underwriter at least twenty-four (24) hours prior to the Closing Time. SECTION 2 . Conditions to the Underwriter's Obligations. The Underwriter' s obligations hereunder shall be subject to the due performance by the City of its obligations and agreements to be performed hereunder at or prior to the Closing Time and to the accuracy of and compliance with the City' s representations and warranties contained herein, as of the date hereof and as of the Closing Time, and are also subject to the following conditions: (a) The Bonds and the Resolution shall have been duly authorized, executed and delivered in the form approved by the Underwriter, together with an opinion of counsel of the City that (i ) the City is a lawfully created municipality of the State of Utah; (ii) the Bonds, the Resolution and this Bond Purchase Agreement have been duly authorized, executed and delivered by the City; and (iii ) said documents constitute valid and legally binding obligations of the City enforceable against the City. (b) At the Closing Time, the Underwriter shall receive: (1) The opinion dated the Closing Date of Ballard, Spahr, Andrews & Ingersoll, Bond Counsel, relating to the valid authorization and issuance of the Bonds, the tax-exempt status of the Bonds and certain other matters; (2 ) A certificate, satisfactory to the Underwriter, of the Mayor of the City or of any other duly authorized officers satisfactory to the Underwriter, dated as of the Closing Date, to the effect that: (i ) the City has duly performed all of its obligations to be performed at or prior to the Closing Time and that each of the representations and warranties contained herein is true as of the Closing Time; (ii) the City has authorized, by all necessary action, the execution, delivery, receipt and due performance of the Bonds, this Bond Purchase Agreement, any and all such other agreements and documents as may be required to be executed, delivered and received by the City to carry out, give effect to and consummate the transactions contemplated hereby and by the Official BD7093 (PF) 4 Statement; (iii ) no litigation is pending, or, to the Mayor' s knowledge, threatened, to refrain or enjoin the issuance or sale of the Bonds or in any way affecting any authority for or the validity of the Bonds, the Resolution or the City' s existence or powers or the City' s right to use the proceeds of the Bonds as contemplated; and (iv) the execution, delivery, receipt and due performance of the Bonds, the Resolution and the other agreements contemplated hereby and by the Official Statement under the circumstances contemplated hereby and thereby and compliance with the provisions thereof will not conflict with or constitute on the part of the City a breach of or a default under any court decree or order or any agreement, indenture, lease or other instrument or, to its knowledge, any existing law or administrative regulation, decree or order to which the City is subject or by which it is or may be bound; and (3 ) Such additional certificates and other documents as the Underwriter may reasonably request to evidence performance of or compliance with the provisions hereof and the transactions contemplated hereby and by the Official Statement, all such certificates and other documents to be satisfactory in substance to the Underwriter. SECTION 3 . Underwriter' s Right to Cancel . The Underwriter shall have the right to cancel its obligations hereunder to purchase the Bonds ( such cancellation shall not constitute a default hereunder) by notifying the City in writing or by telegram of its election so to do between the date hereof and the Closing Time, if any time hereafter and prior to the Closing Time: (a) A tentative decision with respect to legislation shall be reached by a committee of the House of Representatives or the Senate of the Congress of the United States of America, or legislation shall be favorably reported by such a committee or be introduced, by amendment or otherwise, in, or be passed by, the House of Representatives or the Senate, or recommended to the Congress of the United States of America, or be enacted by the Congress of the United States of America, or a decision by a court established under Article III of the Constitution of the United States of America, or the Tax Court of the United States of America, shall be rendered, or a ruling, regulation or order of the Treasury Department of the United States of America or the BD7093 (PF) 5 Internal Revenue Service shall have occurred which results in the imposition of federal income taxation, upon revenues or other income of the general character to be derived by the City or by any similar body or upon interest received on obligations of the general character of the Bonds, or the Bonds, which, in the Underwriter' s opinion, materially adversely affects the market price of the Bonds; (b) Any legislation, ordinance, rule or regulation shall be introduced in or be enacted by any governmental body, department or agency in the State of Utah (the ("State") , or a decision by any court of competent jurisdiction within the State shall be rendered which, in the Underwriter' s opinion, materially adversely affects the market price of the Bonds; (c) A stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all the underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of any provision of the federal securities laws, the Securities Act of 1933, as amended and as then in effect, or the registration provisions of the Securities Exchange Act of 1934, as amended and as then in effect, or the qualification provisions of the Trust Indenture Act of 1939, as amended and as then in effect; (d) Legislation shall be enacted by the Congress of the United States of America, or a decision by a court of the United States of America shall be rendered, to the effect that obligations of the general character of the Bonds, or the Bonds, including all the underlying obligations, are not exempt from registration under or from other requirements of the Securities Act of 1933 , as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or that the Resolution is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended and as then in effect; (e) Any event shall have occurred, or information become known, which, in the Underwriter' s opinion, makes untrue in any material respect any statement or Bb7O93 (Ps) 6 fj information contained in the Official Statement or the Appendices thereto, or has the effect that the Official Statement or the Appendices thereto as originally circulated contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; . (f) Additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; (g) Any national securities exchange, or any governmental authority, shall impose, as to the Bonds or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the change to the net capital requirements of, the Underwriter; (h) A general banking moratorium shall have been established by federal, New York or Utah" s authorities; (i ) A war involving the United States of America shall have been declared, or any conflict involving the armed forces of the United States of America shall have escalated, or any other national emergency related to the effective operation of government or the financial community shall have occurred, which, in the Underwriter' s opinion, materially adversely affects the market price of the Bonds. SECTION 4. Payment of Expenses. The City will pay the cost of the fees and disbursements of counsel to the Issuer, of Bond Counsel and of the Financial Advisor, the cost of preparing and printing the Bonds, the cost of preparing and printing the Official Statement and any supplements thereto, the cost of obtaining any ratings, if a rating is sought, on the Bonds, including any rating agency fees, and the fees of the Registrar and Paying Agent for the Bonds. The Underwriter will pay all other costs of the offering. The obligation of the Underwriter to pay the above described expenses shall survive the termination of this Bond Purchase Agreement or the failure to consummate the transaction described herein. B1)7O93 (PF) SECTION 5 . Conditions of Obligations. Obligations of the City hereunder are subject to the Underwriter' s performance of their obligations hereunder. SECTION 6. Representations. Warranties and Agreements to Survive Delivery. All of the representations, warranties and agreements of the City shall remain operative and in full force and effect, regardless of any investigations made by the Underwriter on its behalf, and shall survive delivery of the Bonds to the Underwriter. SECTION 7 . Use of Official Statement. The Underwriter' s authority to use the Official Statement in connection with the sale of the Bonds is hereby ratified and a sufficient number of copies of the Official Statement will be made available to the Underwriter. SECTION 8. Notice. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by mailing or delivering the same in writing to Salt Lake City Corporation, City and County Building, 451 South State Street, Salt Lake City. Utah 84111, Attention: Mayor, and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to First Security Bank of Utah, N.A. , 79 South Main, Salt Lake City, Utah 84111. SECTION 9. Applicable Law; Nonassignability. This Bond Purchase Agreement shall be governed by the laws of the State of Utah. This Bond Purchase Agreement shall not be assignable. BD7093 (PF1 8 SECTION 10. Amendments; Execution of Counterparts. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Very truly yours, FIRST SECURITY BANK OF UTAH, N.A. By: Terry G. Rock Vice President Accepted as of date first above written: SALT LAKE CITY, SALT LAKE COUNTY, UTAH By Mayor Attest: City Recorder ( S E A L ) BD7093 (PF) 9 Exhibit "A" DESCRIPTION OF BONDS a. Purchase Price: $224, 000 plus accrued interest, if any, from June 15, 1990, to date of Closing in federal funds. b. Denomination: $1,000 or any integral multiple thereof. c . Form: Fully Registered Bonds, without coupons. d. Semiannual Interest Payable: December 1 and June 1 of each year, commencing December 1, 1990. e. Maturity Schedule: December 1 of each year as follows: Interest Reoffering Year Amount Rate Yield 1990 $ 22 ,000 1991 22 ,000 1992 22 ,000 1993 22 ,000 1994 22, 000 1995 22,000 1996 23 ,000 1997 23 ,000 1998 23 , 000 1999 23, 000 f. Redemption: Bonds maturing on or after December 1, 1997 to be redeemable at the election of the Issuer on any interest payment date on or after December 1, 1997 at the redemption price of 101%. g. Reoffering Production: $ h. Anticipated Closing Date: June 25, 1990 BD7O93 (Pr) 10 = BD9743 (PF) Es Salt Lake City, Utah June 12 , 1990 The City Council (the "Council" ) of Salt Lake City, Utah County, Utah, (the "Issuer" ) met- in regular session on Tuesday, the 12th day of June, 1990, at 6:00 p.m. at its regular meeting place at 451 South State Street, Salt Lake City, Utah. The following members of the Council were present: Alan Hardman Chair Nancy Pace Vice Chair Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Ronald Whitehead Councilmember Thomas M. Godfrey Councilmember Don C. Hale Councilmember Also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder Roger Cutler City Attorney Absent: None After the meeting had been duly called to order and the minutes of the preceding meeting approved, and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the Council a Certificate of Compliance With Open Meeting Law with respect to this June 12, 1990 meeting, a copy of which is attached hereto as Exhibit "A" . Whereupon the' following Resolution was introduced in written form and pursuant to motion made by Councilmember and seconded by Councilmember was fully discussed and adopted by the following vote: AYE: NAY: The Resolution was thereupon signed by the Chairperson in open meeting and is as follows: HD9743 (PF) 2 RESOLUTION NO. OF 1990 A RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH $659, 000 SPECIAL ASSESSMENT BONDS, SERIES 1990, CALIFORNIA AVENUE SPECIAL IMPROVEMENT DISTRICT NO. 38-808 (THE "BONDS" ) ; PROVIDING FOR PRICING AND TERMS OF THE BONDS, PRESCRIBING THE FORM OF BONDS, THE MATURITY AND DENOMINATION OF SAID BONDS; PROVIDING FOR THE CONTINUANCE OF A GUARANTY FUND; AUTHORIZING AND APPROVING THE FORM OF A BOND PURCHASE AGREEMENT AND THE OFFICIAL STATEMENT, AND RELATED MATTERS . WHEREAS, the City Council (the "Council" ) of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) , has heretofore adopted proceedings for the construction of improvements in Salt Lake City, Salt Lake County, Utah California Avenue Special Improvement District No. 38-808 (the "District" ) , and has adopted and approved the Ordinance of the District confirming the assessment roll for such improvements on the 17th day of April, 1990 ; and WHEREAS, notice of assessments to property owners in the District has been published in accordance with the requirements of the laws of the State of Utah and the ordinances of the Issuer, and notice of assessment has been mailed by the City Treasurer and to all the owners of property assessed in the District; and WHEREAS, the total cost of the improvements was approximately $1 , 048, 571 . 00 of which the Issuer' s portion - was $276, 959. 42 ; that during the cash payment period following the effective date of the Ordinance levying the assessment, property owners in the District have paid $112 , 279 . 88 on the principal of their assessments, leaving an amount to be paid through the issuance of bonds or from funds provided by the Issuer of $659, 000. 00 ( rounded down to the nearest $1,000) ; WHEREAS, First Security Bank of Utah, N.A. of Salt Lake City, Utah ( "First Security" ) has indicated its interest in purchasing the Bonds in the total principal amount of $659, 000, plus accrued interest to the date of delivery, upon the terms and conditions as herein set forth and in accordance with the Bond Purchase Agreement, the form of which is set forth as Exhibit "B" hereto; and WHEREAS, the Council has determined that it is in the best interest of the Issuer to accept the offer of First BD9743 (PF) 3 Security for the purchase of the Bonds and to award the sale of the Bonds to First Security; and . WHEREAS, the Issuer has negotiated and agreed upon the pricing provisions and interest rate terms of the Bonds: NOW, THEREFORE, Be It Resolved by the City Council of Salt Lake City, Salt Lake County, Utah: • BD9743 (PF) 4 ARTICLE I DEFINITIONS; AUTHORITY 1 . 01 Definitions. As used in this Bond Resolution, unless the context shall otherwise require, the following terms shall have the following meanings: "Act" means the Utah Municipal Improvement District Act, Chapter 16, Title 10, Utah Code Annotated 1953 , as amended. "Allocable Portion" means the amount of the Guaranty Fund that is allocable to the Bonds according to (i ) the proportion that the original face amount of the Bonds bears to the aggregate of the original face amounts of the Bonds and all other outstanding Special Improvement Bonds, or ( ii ) any other method of allocation specifically approved in writing by nationally recognized bond counsel to the effect that the use of such method will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. "Bond Purchase Agreement" means the Bond Purchase Agreement to be dated June 12 , 1990 between the Issuer and First Security, in the form attached hereto as Exhibit "B" , pursuant to which the Bonds are to be sold by the Issuer to First Security. "Bondholder" or "Holder" means the registered owner of any Bond as shown in the registration books of the Issuer kept by the Bond Registrar for such purpose. "Bond Registrar" means each Person appointed by the Issuer as bond registrar and agent for the transfer, exchange and authentication of the Bonds. Pursuant to Sections 2 . 05 and 3 .05 hereof the initial Bond Registrar for the Bonds is Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111 , or its successors . "Bond Resolution" means this Resolution of the Issuer adopted on June 12 , 1990, authorizing the issuance and sale of the Bonds. "Bonds" means the Bonds of the Issuer authorized by this Bond Resolution. BD9743 (Fe) 5 "City Recorder" means the City Recorder of the Issuer. "City Treasurer" means the City Treasurer of the Issuer. "Code" means the Internal Revenue Code of 1986, as amended. "District" means the Salt Lake City, Salt Lake County, Utah California Avenue Special Improvement District No. 38-808. "First Security" means First Security Bank of Utah, N.A. "Government Obligations" 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. "Gross Proceeds" means the gross proceeds of the Bonds as described in Section 148(f) (6) (B) of the Code. "Guaranty Fund" means the Special Improvement Guaranty Fund established by the Issuer to secure timely payment of all special assessment bonds issued by the Issuer pursuant to the Act. "Issuer" means Salt Lake City, Salt Lake County, Utah. "Mayor" means the Mayor of the Issuer. "Paying Agent" means each Person appointed by the Issuer as paying agent with respect to the Bonds. Pursuant to Sections 2 .05 and 3 .05 hereof the initial Paying Agent for the Bonds is Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111, or its successors or assigns. "Person" means natural persons, firms, partnerships, associations, corporations, trusts, public bodies and other entities. "Qualified Investments" means any of the following: BD9743 (Pr) 6 (i ) demand deposits and time certificates of deposit of federally insured depositories of the State of Utah, (ii ) Government Obligations, or ( iii ) repurchase agreements with any federally insured bank or savings and loan association in the State of Utah, acting as- principal or agent, for securities of the United States of America or other evidences of indebtedness of like quality. "Record Date" means (a) in the case of each interest payment date, the Bond Registrar' s close of business on the fifteenth day immediately preceding such interest payment date, and (b) in the case of each redemption, such record date as shall be specified by the Bond Registrar in the notice of redemption required by Section 2 .06 hereof, provided that such record date shall be not less than 15 calendar days before the mailing of such notice of redemption. "Special Assessment Fund" means the Special Assessment Fund defined in Section 4. 03 hereof. "Special Assessment Fund Matching Amount" means the amount on deposit in the Special Assessment Fund which will be depleted at least once each year to pay debt service on the Bonds plus a reasonable carryover amount not to exceed the greater of ( i ) one year' s earnings on such amount of the Special Assessment Fund, or (ii ) one-twelfth of the annual debt service on the Bonds. "Special Improvement Bonds" means bonds issued by the Issuer pursuant to the Act, and as defined in Section 10-16-3 (5 ) of the Act. "Special Improvement Districts" means districts created within the Issuer pursuant to the Act and as defined in Section 10-16-3 (3 ) of the Act. "Tax-Exempt Obligations" means obligations of any state, territory or possession of the United States, or any political subdivision of any of the foregoing, or of the District of Columbia, which are described in, and the interest on which is excludible from gross income for federal income tax purposes under Section 103 (a) of the Code, and stock of any qualified regulated investment company investing in tax-exempt bonds, which stock is not treated as investment property according to the terms of Internal Revenue Service Notice 87-22 or any successor BD9743 (PF) 7 ON thereto; provided, however, that such obligations and such tax-exempt bonds in which such investment company invests are not specified private activity bonds as defined in Section 57(a) (5) (C) of the Code. "Underwriter" means First Security Bank of Utah, N.A. "Unrestricted Portion. of Bond Proceeds" means an amount of Gross Proceeds of the Bonds equal to the sum of (i ) 10% of the proceeds of the Bonds, plus (ii) the lesser of (A) 5% of the proceeds of the Bonds, or (B) $100,000. The terms "hereby, " "hereof, " "hereto, " "herein, " "hereunder, " and any similar terms as used in this Bond Resolution, refer to this Bond Resolution. 1.02 Authority for Bond Resolution. This Bond Resolution is adopted pursuant to the provisions of the Act. BD9743 (PF) 8 ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF BONDS 2 . 01 Authorization of Bonds, Principal Amount Designation and Series. In accordance with and subject to the terms, conditions and limitations established in this Bond Resolution, a series of Special Assessment Bonds of the Issuer is hereby authorized to be issued in the aggregate principal amount of $659, 000. Such series of bonds shall be designated "Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990, California Avenue Special Improvement District No . 38-808 . " The Bonds shall be issued in fully registered form only, without coupons. 2 . 02 Purpose . The Bonds are hereby authorized to be issued for the purpose of ( a) paying the costs of construction of designated widths of roadway pavement, concrete curb and gutter, turn lanes, asphalt shoulder, street drainage facilities, traffic signalization, paving of intersections, turnarounds and intersection and median improvements and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner, and (b) retiring any outstanding interim warrants, and (c) paying issuance expenses incurred in connection with the issuance of the Bonds. 2 . 03 Bond Details . The Bonds will be dated June 15 , 1990, and will mature on December 1 in the following years and amounts and will bear interest at the following rate or rates: Maturity Interest (Dec . 1) Amount Rate 1990 $ 65, 000 1991 66, 000 1992 66, 000 1993 66, 000 1994 66, 000 1995 66, 000 1996 66, 000 1997 66,000 1998 66,000 1999 66 000 TOTAL $659, 000 BD9747 (PF) 9 The Bonds shall bear interest payable semiannually beginning on December 1, 1990 and continuing thereafter on June 1 and December 1 of each year by check or draft mailed to the registered owners of record of the Bonds. Each Bond shall accrue interest from the interest payment date next preceding the date on which it is authenticated, unless (a) it is authenticated before the first interest payment date following the initial delivery of Bonds, in which case interest shall accrue from their initial delivery date, or (b) if any Bond is authenticated on an interest payment date, in which case interest shall accrue from such interest payment date; provided that if at the time of authentication of any Bond, interest is in default, such Bond shall accrue interest from the date to which interest has been paid. The Bonds shall bear interest on overdue principal at the aforesaid respective rates. 2 . 04 Denominations and Numbers. Subject to the provisions of Section 4.01 hereof, the Bonds shall, be issued as fully registered bonds, without coupons, in the denomination of $1, 000, or any integral multiples thereof. The Bonds shall be numbered with the letter prefix "R" and shall be numbered from one (1) consecutively upwards in order of i cci)anra 2 .05 Paying Agent and Bond Registrar. The Issuer may remove any Paying Agent and any Bond Registrar, and appoint a successor or successors thereto. The Issuer shall submit to the Paying Agent or Bond Registrar, as the case may be, a notice of such removal at least 30 days prior to the effective date of such removal, and shall specify the date on which such removal shall take effect. Such removal shall take effect on the date that each successor Paying Agent and Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by the Bond Resolution by executing and delivering to the Issuer a written acceptance thereof. The principal of, premium, if any, and interest on the Bonds shall be payable in any coin or currency of the United States of America which, at the respective dates of payment thereof, is legal tender for the payment of public and private debts. Principal of and premium, if any, on the Bonds shall be payable when due to the Holder of each Bond at the principal office of the Paying Agent. Payment of interest on each Bond shall be made to the person which, as of the Record Date, is the Holder of the Bond and shall be made by check or draft mailed to the Person which, as of the Record Date, is the Holder of the Bond, at the address of such Holder as it appears on the registration books of the Issuer kept by the Bond Registrar, or at such other address as is furnished to SA9743 (PS) 10 the Bond Registrar in writing by such Holder on or prior to the Record Date. 2 . 06 Optional Redemption and Redemption Price. The Bonds maturing after December 1, 1997 are callable for redemption prior to maturity at the election of the Issuer on December 1, 1997, or on any interest payment date thereafter prior to maturity, in whole or in-part, at a redemption price of 101% of the principal amount of Bonds to be redeemed, plus accrued interest to the date of redemption. Should all or any of the Bonds be called for redemption prior to maturity in accordance with this Section 2 . 06, such Bonds shall be called in inverse order of maturity and by lot within each maturity. Notice of redemption shall be given by the Bond Registrar by registered mail, not less than thirty (30) days prior to the redemption date, to the Holder, as of the Record Date, of each Bond which is subject to redemption, at the address of such Holder as it appears on the registration books of the Issuer kept by the Bond Registrar, or at such other address as is furnished to the Bond Registrar in writing by such Holder on or prior to the Record Date . Each notice of redemption shall state the Record Date, the redemption date, the place of redemption, the principal amount and, if less than all, the distinctive numbers of the Bonds to be redeemed, and shall also state that the interest_ on the Bonds 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 principal of, interest accrued thereon to the redemption date, and premium, if any. Any notice mailed as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Bondholder received such notice . Failure to give such notice or any defect therein with respect to any Bond shall not affect the validity of the proceedings for redemption with respect to any other Bond. 2 . 07 Sale of the Bonds. (a) Approval is hereby granted for the sale and delivery of the Bonds to First Security at an aggregate price of at least $659, 000, plus accrued interest to the date of delivery, at a purchase price of % plus interest at rates as set out in Section 2 . 03 hereof, and as set forth in the Bond Purchase Agreement. To evidence the acceptance of the Bond Purchase Agreement, the Mayor is hereby authorized to execute and deliver, and the City Recorder to seal and attest, PD9743 (PF) 11 the Bond Purchase Agreement in substantially the form set out as Exhibit "B" which is attached hereto. (b) The form of the Official Statement of the Issuer in substantially the form attached hereto as Exhibit "C" , with such changes, insertions and revisions as the Mayor shall approve, is hereby approved and the Mayor shall execute and deliver the Official Statement to First Security for distribution to prospective purchasers of the Bonds and other interested persons. The approval of the Mayor of any such changes, omissions, insertions and revisions shall be conclusively established by the Mayor's execution of the final Official Statement. 2 .08 Execution of the Bonds. The Bonds shall be executed on behalf of the Issuer by the Mayor and attested by the City Recorder (the signatures of the Mayor and City Recorder being either manual and/or by facsimile) and the corporate seal of the Issuer or a facsimile thereo.f shall be impressed or imprinted thereon. The use of such facsimile signatures of the Mayor and City Recorder and such facsimile of the seal of the Issuer on the Bonds are hereby authorized, approved and adopted by the Issuer as the authorized and authentic execution, attestation and sealing of the Bonds by ThP Rands shall then be delivered to the Bond Registrar for manual authentication by it. The Certificate of Authentication shall be substantially in the form provided in Section 5 . 01 hereof. Only such of the Bonds as shall bear thereon a Certificate of Authentication, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this Bond Resolution, and such certificate of the Bond Registrar shall be conclusive evidence that the Bonds so certified have been duly registered and delivered under, and are entitled to the benefits of, this Bond Resolution and that the Holder thereof is entitled to the benefits of this Bond Resolution. The Certificate of Authentication of the Bond Registrar on any Bond shall be deemed to have been executed by it if (a) such Bond is signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the Certificate of Authentication on all of the Bonds issued hereunder or that all of the Bonds hereunder be certified as registered by the same Bond Registrar, and (b) the date of authentication of the Bond is inserted in the place provided therefor on the Certificate of Authentication. The Mayor and City Recorder are authorized to execute, attest and seal from time to time, in the manner described above, Bonds (the "Exchange Bonds" ) to be issued and delivered for the purpose of effecting transfers and exchanges of Bonds HD9743 (PE) 12 pursuant to Article II hereof. At the time of the execution, attestation and sealing of the Exchange Bonds by the Issuer, the payee, principal amount, CUSIP number, if any, maturity and interest rate shall be in blank. Upon any transfer or exchange of Bonds pursuant to Article III hereof, the Bond Registrar shall cause to be inserted in appropriate Exchange Bonds the appropriate payee, principal amount, maturity and interest rate. The Bond Registrar is hereby authorized and directed to hold the Exchange Bonds, and to complete, certify as to registration and authenticate (if applicable) and deliver the Exchange Bonds, for the purpose of effecting transfers and exchanges of Bonds; provided that any Exchange Bonds registered, authenticated (if applicable) and delivered by the Bond Registrar shall bear the same series, maturity and interest rate as Bonds delivered to the Bond Registrar for exchange or transfer, and shall bear the name of such payee as the Bondholder requesting an exchange or transfer shall designate; and provided further that upon the delivery of any Exchange Bonds by the Bond Registrar a like principal amount of Bonds submitted for transfer or exchange, and of like series and having like maturities and interest rates, shall be canceled. The execution, attestation and sealing by the Issuer and delivery to the Bond Registrar of any Exchange Bond shall constitute full and due authorization of such Bond containing such payee, principal amount, maturity and interest rate as the Bond Registrar shall cause to be inserted, and the Bond Registrar shall thereby be authorized to authenticate and deliver such Exchange Bond in accordance with the provisions hereof. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond ( including any Exchange Bond) shall cease to be such officer before the issuance or delivery of such Bond, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such issuance or delivery, respectively. 2 .09 Delivery of Bonds . The Bonds shall be delivered to First Security at such time and place as provided in, and subject to, the provisions of the Bond Purchase Agreement. The City Treasurer is hereby instructed to make delivery of the Bonds to First Security and to receive payment therefor in accordance with the terms of the Bond Purchase Agreement. 2 . 10 Further Authority. The Mayor and the City Recorder and other officers of the Issuer 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 BD9743 (PE) 13 as may be necessary or advisable to provide for the issuance, sale, registration and delivery of the Bonds. HD9743 CPI> 14 ARTICLE III TRANSFER AND EXCHANGE OF BONDS; BOND REGISTRAR 3 . 01 Transfer of Bonds. (a) Any Bond, may, in accordance with its terms, be transferred, upon the registration books kept by the Bond Registrar pursuant to Section 3 . 03 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Bond Registrar, duly executed. No transfer shall be effective until entered on the registration books kept by the Bond Registrar. The Issuer, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner thereof for the purpose of receiving payment of, or on account of, the principal or redemption price thereof and interest due thereon and for all other purposes whatsoever. (b) Whenever any Bond or Bonds shall be surrendered for transfer, the Bond Registrar shall authenticate and deliver a new fully registered Bond or Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 . 08 hereof) of the same series, designation, maturity and interest rate and of authorized denominations duly executed by the Issuer, for a like aggregate principal amount. The Bond Registrar 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. With respect to each Bond, no such transfer shall be required to be made ( i ) after the Record Date with respect to any interest payment date to and including such interest payment date, or (ii ) after the Record Date with respect to any redemption of such Bond. (c) The Issuer shall not be required to register the transfer of or exchange any Bond selected for redemption in whole or in part, except the unredeemed portion of Bonds being redeemed in part. Upon surrender of any Bond redeemed in part only, the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Bondholder, at the expense of the Issuer, a new Bond or Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 . 08 hereof) of the same series, designation, maturity and interest rate and of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered. BTJ9743 (PF) 15 3 .02 Exchange of Bonds. Bonds may be exchanged at the principal corporate trust office of the Bond Registrar for a like aggregate principal amount of fully registered Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 .08 hereof) of the same series, designation, maturity and interest rate of other authorized denominations. The Bond Registrar 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. With respect to each Bond, no such exchange shall be required to be made (i) after the Record Date with respect to any interest payment date to and including such interest payment date, or (ii) after the Record Date with respect to any redemption of such Bond. 3 .03 Bond Registration Books. This Bond Resolution shall constitute a system of registration within the meaning and for all purposes of the Registered Public Obligations Act, Chapter 7 of Title 15, Utah Code Annotated 1953 , as amended. The Bond Registrar shall keep or cause to be kept, at its principal office, sufficient books for the registration and transfer of the Bonds, which shall at all times be open to inspection by the Issuer; and, upon presentation for such purpose, the Bond Registrar shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Bonds as herein provided. 3 .04 List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the Holders of all Bonds and upon any transfer shall add the name and address of the new Bondholder and eliminate the name and address of the transferor Bondholders. 3 .05 Duties of Bond Registrar. If requested by the Bond Registrar, the Mayor and City Recorder are authorized to execute the Bond Registrar' s standard form of agreement between the Issuer and the Bond Registrar with respect to the compensation, obligations and duties of the Bond Registrar hereunder which may include the following: (a) to act as bond registrar, authenticating agent, paying agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the Issuer upon request, but otherwise to keep such list confidential ; (c) to give notice of redemption of Bonds as provided herein; BD9743 (PF) 16 (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the Issuer at least annually a certificate with respect to Bonds canceled and/or destroyed; and ( f) to furnish the Issuer at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. • BD9743 (PF) 17 ARTICLE IV COVENANTS AND UNDERTAKINGS 4.01 Covenants of Issuer. All covenants, statements, representations and agreements contained in the Bonds, and all recitals and representations in this Bond Resolution are hereby considered and understood and it is hereby resolved that all said covenants, statements, representations and agreements of the Mayor, are the covenants, statements, representations and agreements of the Issuer. 4.02 Ratification of Prior Proceedings. All the proceedings heretofore taken and adopted for the creation of the District and for the construction of improvements therein and the assessment of a part of the cost of constructing such improvements on and against the private properties in the District shall be and the same are hereby ratified, approved, and confirmed. No assessment will exceed the benefit to be derived from the improvements by the piece of property assessed, and no parcel of property will bear more than its proportionate share of the cost of the improvements to be made. 4.03 Levy and Collection of Assessments. The City *+ - - :ha_ 1 1 1-... „.] i o herchy aiithnri 7Pri anri PmrinwPrPr3_ and ■ it shall be his/her duty to receive and collect all assessments levied to pay the cost of said improvements of the District, the installments thereon, the interest thereon, and the penalties accrued, including without limiting the generality of the foregoing, the whole of the unpaid principal, interest and penalties accrued which become due and payable immediately because of the failure to pay any installment whether of principal or interest, when due, and to pay and disburse such 'payments to the person or persons lawfully entitled to receive the same in accordance with the laws of the State of Utah and all the ordinances and resolutions of the Issuer heretofore or to be hereafter adopted. All moneys constituting the payment of assessments pursuant to the assessment ordinance adopted on April 17, 1990 including interest thereon, shall be placed in a regular fund to be designated "Special Assessment Fund (or the Special Improvement Debt Service Fund) of Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 California Avenue Special Improvement District No. 38-808 (the "Special Assessment Fund" ) , and shall be used for the purpose of paying the principal of and the interest on the Bonds of the District BD9743 (PF) 18 and for no other purpose whatsoever, and as security for such payment, said fund is hereby pledged. 4. 04 Investment of Funds. Moneys deposited in the Special Assessment Fund and Guaranty Fund may be invested in Qualified Investments, provided, however, that any moneys remaining in the Special Assessment Fund for more than twelve (12 ) months may be so invested only upon the City Treasurer obtaining an opinion of nationally recognized municipal bond counsel to the effect that such investment will not adversely affect the exclusion from federal income taxes of interest on and of the Bonds, all in accordance with Section 103 (c) of the Internal Revenue Code and the regulations promulgated thereunder . 4. 05 Guaranty Fund. The provisions of Section 10 of the Assessment Ordinance adopted and approved by the Issuer on the 17th day of April , 1990, in reference to the Guaranty Fund is hereby readopted and the Issuer agrees with the holder of the Bonds herein authorized that it will, until the payment of the Bonds in full and the interest thereon has been paid, provide amounts to be transferred to the Guaranty Fund equal each year to such amount as a tax levy of . 0002 on all property within the Issuer will produce until the Guaranty Fund is equal to not less than forty percent (40%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued prior to March 30, 1981, and twenty-five percent (25%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued between March 30, 1981 and March 30, 1990, and ten percent ( 10%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued thereafter, the Issuer will transfer to such fund such amounts at least yearly as may be required to maintain or replenish such Fund to such percentage . The Guaranty Fund shall be maintained separate and apart from other municipal funds and shall be used and applied only as provided by the laws of the State of Utah. Moneys deposited in the Guaranty Fund shall be invested in such manner as to comply with Section 17-7-31 (3 ) (c) of the Act and Section 148 of the Code and the Issuer hereby covenants to maintain such books and records and to account for all moneys deposited in the Guaranty Fund with respect to the Bonds so as to insure that such moneys shall not be invested at a yield in excess of the yield on the Bonds as applicable . 4. 06 Insufficiencies in Special Assessment Fund. Should there be insufficient money in the Special Assessment Fund to pay all of the interest falling due at one time and the principal amount thereof due, the interest and principal shall BD9743 (PE) 19 be paid from the Guaranty Fund on a parity basis to the extent that there is sufficient money in the Guaranty Fund for this purpose, and the Bonds are payable exclusively from the regular assessments levied for said purpose and the Guaranty Fund. 4.07 Lien of Assessment. The assessments, any interest accruing on the assessments and the penalties and costs of collection of the assessment shall continue to constitute and are hereby declared to be a lien against the properties upon which the assessment is levied within the District from and after April 20, 1990, the date on which the ordinance levying the regular assessments became effective, which lien shall be superior to the lien of any trust deed, mortgage, mechanic' s or materialman' s lien, or other encumbrance, and shall be equal to and on a parity with the lien for general property taxes. Such lien shall continue until the assessment and any interest, penalties, and costs thereon are paid, notwithstanding any sale of the property for or on account of a general property tax, regular tax, other assessment, or the issuance of a tax deed, an assignment of interest by the county, or a sheriff' s certificate of sale or deed. 4.08 Deposit of Funds. The Funds hereinabove referred to shall be kept separate and apart from each other and from any other funds of the issuer and shall, from time co time as they are accumulated, be deposited in such bank or banks as are designated as depositories of public monies for funds of the Issuer under the depository laws of the State of Utah for the deposit of public funds . 4. 09 Default in Payment of Assessments. Default in the payment of any installment of principal or interest of the assessments levied pursuant to the Assessment Ordinance adopted by the Issuer on April 17, 1990 when due, may at the election of the Issuer, cause the whole of the unpaid principal or interest to become due and payable immediately and the whole amount of the unpaid principal shall thereafter draw interest at the rate of 18% per annum until paid. In addition, costs and expenses of collection may be added to the delinquent installments. The Issuer covenants and agrees that it will proceed with due diligence to collect delinquent payments plus collection costs. It may place in operation the procedure necessary to provide for a tax sale of all delinquent property in accordance with the ordinances of the Issuer or in the manner provided by Chapter 10, Title 59, Utah Code Annotated 1953 , as amended for the sale of property for delinquent general property taxes as provided in Section 16-16-24 of the Act. BC9743 tra) 20 In lieu of the tax sale enforcement remedy, the Issuer may provide for the summary sale of any property assessed after a delinquency shall have occurred in the payment of any assessment or part or installment of it. The sale shall be in the manner provided for actions to foreclose mortgage liens or trust deeds, except that if at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and- costs , the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale. The proceeds from the sale of any property sold will be placed in the Special Assessment Fund. The remedies provided in this section for the collection of assessments and the enforcement of liens and any other remedies available under law to the Issuer shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means and that the proceeds from the sale of any property sold will be placed in the Special Assessment Fund hereinabove referred to . 4. 10 Bonds in Registered Form. The Issuer recognizes that Section 149 of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the Issuer agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. 4. 11 Tax Covenants. ( a) The Mayor and the City Recorder are hereby authorized and directed to execute such certificates as shall be necessary to establish that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and the Treasury Regulations promulgated or proposed thereunder, including Treasury Regulation Sections 1 . 103-13 , 1 . 103-14, 1 . 103-15 and 1 . 103-15AT as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The Issuer covenants and certifies to and for the benefit of the Bondholders and the Beneficial Owners of the Bonds that no use will be made of the proceeds of the issue and sale of the Bonds, or any funds or accounts of the Issuer which may be deemed to be Gross Proceeds of the Bonds, which use, if it had been reasonably expected on the date of issuance of the Bonds, would have caused the Bonds to be classified as "arbitrage bonds" within the meaning of Section 1109743 (PE) 21 et 148 of the Code. Pursuant to this covenant, the Issuer obligates itself to comply throughout the term of the Bonds with the requirements of Sections 103 through 150 of the Code and the regulations proposed or promulgated thereunder. The Issuer further represents and covenants that no bonds or other evidences of indebtedness of the Issuer have been or will be issued, sold or delivered within a period beginning 31 days prior to the sale of the Bonds and ending 31 days following the delivery of the Bonds. (b) The Issuer hereby covenants and agrees to determine the Allocable Portion of the Guarantee Fund allocable to the Bonds upon the occurrence of each of the following events: (i ) upon the date of issuance of the Bonds; (ii ) when the size of the Guaranty Fund increases as a result of either (A) deposits into the Guaranty Fund, or (B) earnings credited to the Guaranty Fund; (iii ) when the last bond of any outstanding issue of Special Improvement Bonds is retired; and (iv) when new Special Improvement Bonds are issued by the Issuer. The amount of such Allocable Portion, if any, which exceeds the Unrestricted Portion of Bond Proceeds will, immediately upon such determination of such Allocable Portion, be invested at a yield not exceeding the yield on the Bonds or in Tax-Exempt Obligations. For this purpose, proceeds of and yield on the Bonds shall be based upon the first price at which a substantial amount (not less than 10%) of the principal amount of the Bonds are sold to the public or final purchasers (not including bond houses or brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) . Yield on the Bonds and on the investment of proceeds thereof shall be calculated in the manner provided in Treasury Regulation Section 1 . 103-13 (c) and Section 148(h) of the Code, and the provisions therein will be complied with in all respects. Thus, generally, yield means that percentage rate which when used in computing the present value of payments of principal of and interest on the Bonds or investments of proceeds thereof produces an amount equal to the purchase price thereof. (c) (i ) There is hereby created and established a fund designated the "Rebate Fund of Salt Lake City, Salt Lake County, Utah California Avenue Special Improvement District No. 38-808 (the "Rebate Fund" ) for the purpose of compliance B09743 (PE) 22 with the rebate requirements of Section 148(f) of the Code. The requirements of this subsection (c) are subject to, and shall be interpreted in accordance with, Section 148 of the Code and the Treasury Regulations promulgated in connection therewith. ( ii ) The Issuer shall account for the investment of the Gross Proceeds of the Bonds comprised of , and make the required arbitrage rebate payments to the federal government from the earnings from said Gross Proceeds of the Bonds or from any other legally available source (provided, however, that this obligation shall not be construed as constituting a debt or liability of the Issuer within the meaning of any constitutional or statutory limitation upon the incurrence of indebtedness by the Issuer) at the times, upon the terms and conditions, and in the manner specified in Section 148(f) of the Code and the Treasury Regulations promulgated in connection therewith. ( iii ) The Issuer shall compute the amount of "Excess Earnings, " if any, as required by' Section 148(f) of the Code and the Treasury Regulations promulgated in connection therewith (notwithstanding any provision or requirement in this Resolution to the contrary) , and shall transfer into the Rebate Fund such amount from the accounts established hereunder or from the other legally available moneys of the Issuer. Amounts held in the Rebate Fund shall be invested and reinvested by the City Treasurer, in Qualified Investments which mature or are subject to redemption by the holder or owner prior to the date such funds are expected to be needed. Notwithstanding anything contained herein to the contrary, interest accruing on and profit realized from funds on deposit in the Rebate Fund shall be deposited into the Rebate Fund. If at any time the amount in the Rebate Fund exceeds the amount that would be required to be paid to the United States under paragraph (v) below if the Bonds had been paid in full, such excess shall promptly be transferred to the Bond Fund. ( iv) In general , "Excess Earnings" for any period of time means the sum of (A) the excess of -- ( I ) the aggregate amount earned from the date of issue of the Bonds on all "Nonpurpose PD9743 (PE) 23 1. et Investments" (including gains on the disposition of such obligations) in which Gross Proceeds of the Bonds are invested (other than amounts attributable to an excess described in this subparagraph (iv) ( I ) ) , over ( II ) the amount that would have been earned during such period of time if the yield on such Nonpurpose Investments had been equal to the yield on the Bonds, plus (B) any income during such period of time attributable to the excess described in subparagraph (iv) (A) above. "Excess Earnings" will not include amounts which need not be taken into account under the special rules of Section 148 of the Code or any successor thereof relating to bona fide debt service funds. The term "Nonpurpose Investments" shall have the meaning prescribed by Section 148 of the Code or any successor thereof and shall be applied in the manner prescribed in such section. (v) The Issuer shall make the payments to the United States required in this subsection in installments. The first payment shall be made no later than 29 days after the fifth anniversary of the date of issuance of the Bonds and the payment of each subsequent installment (except the last installment) shall be made not later than five years after the preceding payment was due. Each installment- (except the last installment) shall be in an amount which, when added to all prior installments, is not less than 90% of the Excess Earnings computed as of the anniversary of the date of issuance of the Bonds nearest to the date of payment. Payment of the last installment shall be made not later than 60 days after the date on which the last Bond has been discharged, in an amount which, when added to all prior installments, equals 100% of the Excess Earnings determined as of the payment date of the last installment. Each payment shall be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255, accompanied by a statement summarizing the Issuer" s determination of the amount required to be paid BD9743 (PE) 24 to the United States together with a copy of the Form 8038-G filed with respect to the Bonds. (vi ) The City Treasurer will keep and retain or cause to be kept and retained, until the date six years after the retirement of the last Bond, adequate records with respect to the Bonds and the investment and expenditure of Gross Proceeds thereof to comply with the aforementioned arbitrage rebate requirements, including without limitation a complete list of all investments and reinvestments of Gross Proceeds of the Bonds including (A) purchase price, (B) purchase date, (C) type of security or investment, (D) accrued interest paid ( if any) , (E) interest rate (if applicable) , (F) dated date ( if applicable) , (G) principal amount, (H) date of maturity, ( I ) interest payment dates (if applicable) , (J) date of liquidation, (K) amounts received upon liquidation, and (L) the market value of such security or investment on the date it became Gross Proceeds of the Bonds and on the date of the retirement of the last Bond if then held by the Issuer. (d) The Issuer hereby covenants and agrees that it will not enter into any transaction or cause any transaction to be entered into with respect to the investment of Gross Proceeds of the Bonds, or otherwise, which reduces the amount which may be required to be paid to the United States pursuant to the arbitrage rebate requirements specified hereinabove, because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm' s length and had the yield on the Bonds not been relevant to either party. (e) The Issuer further covenants and agrees to and for the benefit of the Bondholders that the Issuer (i ) will not take any action that would cause interest on the Bonds to become subject to federal income taxation, ( ii ) will not omit to take or cause to be taken, in timely manner, any action, which omission would cause the interest on the Bonds to become subject to federal income taxation, and ( iii ) will, to the extent possible , comply with any other requirements of federal tax law applicable to the Bonds in order to preserve the exemption from federal income taxation of interest on the Bonds 4. 12 . Nondesignation of Bonds. The Issuer has not designated the Bonds, and the Bonds are not qualified, as qualified tax-exempt obligations under Section 265(b) (3 ) of the Code, relating to the deductibility of a financial institution' s interest expenses allocable to tax-exempt interest . BD9743 <PF) 25 4. 13 . Investment of Funds. Moneys deposited in the Guaranty Fund may be invested in Qualified Investments. Moneys deposited in the Special Assessment Fund may be invested in Qualified Investments or in Tax-Exempt Obligations; provided, however, that any amount in the Special Assessment Fund which exceeds the sum of (i) the Special Assessment Fund Matching Amount, plus (ii ) the excess, if any, of (A) the Unrestricted Portion of Bond Proceeds, over (B) the Allocable Portion of the Guaranty Fund (as a result, for example, of prepayment of assessment installments) , shall be invested at a yield not to exceed the yield on the Bonds or in Tax-Exempt Obligations. HD9743 (Ps) 26 ARTICLE V FORM OF BONDS 5 . 01 Form of Bonds . Each fully registered Bond shall be, respectively, in substantially the following form, with such insertions or variations as to any redemption or amortization provisions and such other insertions or omissions, endorsements and variations as may be required: BD9743 (PP) 27 [FORM OF BOND] Registered Registered UNITED STATES OF AMERICA STATE OF UTAH SALT LAKE CITY SALT LAKE COUNTY, UTAH $659,000 SPECIAL ASSESSMENT BOND, SERIES 1990 CALIFORNIA AVENUE SPECIAL IMPROVEMENT DISTRICT NO. 38-808 Number R- $ ORIGINAL INTEREST MATURITY ISSUE RATE: DATE: DATE: CUSIP: June 15, 1990 Registered Owner: Principal Amount: DOLLARS Salt Lake City, Salt Lake County, Utah (the "Issuer" ) , a duly organized and existing political subdivision of the State of Utah, acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, or registered assigns, on the Maturity Date identified above, upon presentation and surrender hereof, the Principal Amount identified above, and to pay the Registered Owner hereof interest on the balance of said Principal Amount from time to time remaining unpaid specified below at the interest rate per annum (calculated on the basis of a year of 360 days and twelve 30-day months) identified above (the "Interest Rate" ) , payable on December 1, 1990, and thereafter in each year on each June 1 and December 1, until payment in full of said Principal Amount. Interest on this Bond shall accrue from the interest payment date next preceding the date on which it is authenticated, unless (a) it is authenticated BD9743 (PF) 28 before the first interest payment date following the initial delivery of Bonds, in which case interest shall accrue from the Original Issue Date identified above, or (b) if this Bond is authenticated on an interest payment date, in which case interest shall accrue from such interest payment date; provided that if at the time of authentication of this Bond, interest is in default, interest shall accrue from the date to which interest has been paid. Principal of and premium, if any, on this Bond shall be payable at the principal corporate trust office of Zions First National Bank, Salt Lake City, Utah, as 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 ; and payment of the annual 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 Bond Registrar' s close of business on the fifteenth day immediately preceding each interest payment date at the address of such Registered Owner as it appears on the registration books kept by the hereinafter defined Bond Registrar, or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar as provided in the hereinafter defined Bond Resolution. This Bond is one of the Special Assessment Bonds, Series 1990 of the Issuer (the "Bonds" ) limited to the aggregate principal amount of $659,000 issued under and by virtue of the Utah Municipal Improvement District Act, Chapter 16, Title 10, Utah Code Annotated 1953 , as amended (the "Act" ) , and under and pursuant to a resolution of the Issuer adopted on June 12 , 1990 (the "Bond Resolution" ) , for the purpose of (a) paying the costs of construction of designated widths of roadway pavement, concrete curb and gutter, turn lanes, asphalt shoulder, street drainage facilities, traffic signalization, paving of intersections, turnarounds and intersection and median improvements and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner (the "Improvements" ) , and (b) retiring any outstanding interim warrants, and (c) paying issuance expenses incurred in connection with the issuance of the Bonds . Zions First National Bank is the initial bond registrar and paying agent with respect to the Bonds. Said bond registrar and paying agent, together with any successor bond registrar or paying agent, respectively, is referred to herein as the "Bond Registrar" and the "Paying Agent" . Payment of this Bond and the interest thereon shall be made from, and as security for such payment there is pledged BD9743 (PE) 29 the Special Assessment Fund of Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 California Avenue Special Improvement District No. 38-808 (the "District") , containing the receipts derived by the Issuer from the regular assessments levied upon the property included in the District by the Assessment Ordinance adopted by the Issuer, which ordinance became effective on April 20, 1990 (the "Assessment Ordinance" ) , for the purpose of paying the costs of the Improvements under, by virtue of, and in full conformity with the Constitution and laws of the State of Utah and certain ordinances and resolutions of the Issuer duly passed and made law thereof prior to the issuance hereof. The Bonds are callable for redemption prior to maturity at the election of the Issuer on December 1, 1997, or on any interest payment date thereafter, in whole or in part, in inverse order of maturity and by lot within each maturity, at a redemption price of 101% of the principal amount of Bonds to be redeemed, plus accrued interest to the date of redemption. Notice of redemption shall be given by the Bond Registrar by registered mail not less than thirty (30) days prior to the redemption date, to the Registered Owner of each Bond which is subject to redemption, at the address of such Registered Owner as it appears on the registration books kept by the Bond Registrar, or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar, all as provided in the Bond Resolution. If notice of redemption shall have been given as aforesaid, the Bonds or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for the payment of the redemption price of all the Bonds to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such Bonds shall cease to accrue and become payable. It is hereby certified that a Special Improvement Guaranty Fund has been created by ordinance as authorized by Utah statutes, and the Issuer agrees that at all times during the life of this Bond and until payment thereof in full , said fund shall be at all times maintained as required by ordinance. This Bond is not a general obligation of the Issuer but is payable exclusively out of said Special Assessment Fund and said Special Improvement Guaranty Fund. The Issuer shall not be held liable for the payment of this BD9743 (PF) 30 Bond, except to the extent of the Funds created and received by said regular assessments and to the extent of its Special Improvement Guaranty Fund; but the Issuer shall be held responsible for the lawful levy of all regular assessments, for the creation and maintenance of the Special Improvement Guaranty Fund as provided by law, and for the faithful accounting, collection, settlement and payment of the assessments and for the moneys of said fund. The special assessments made and levied pursuant to the Assessment Ordinance, with accruing interest thereon, and the cost of collection of the assessments constitute a lien upon and against the property upon which such assessments were made and levied from and after April 20, 1990, the date upon which the Assessment Ordinance became effective, which lien is superior to the lien of any trust deed, mortgage, mechanic ' s or materialman' s lien or other encumbrance . Said lien is equal to and on a parity with the lien for general property taxes and shall continue until the assessments and interest thereon are paid, notwithstanding any sale of the property for or on account of a general property tax, regular tax, other assessment or the issuance of an auditor' s deed. This Bond is transferable, as provided in the Bond Resolution, only upon the books of the Issuer kept for that purpose at the principal office of the Bond Registrar, by the Registered Owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the Registered Owner or such duly authorized attorney, and thereupon the Issuer shall issue in the name of the transferee a new registered Bond or Bonds of authorized denominations of the same aggregate principal amount, series, designation, maturity and interest rate as the surrendered Bond, all as provided in the Bond Resolution and upon the payment of the charges therein prescribed. No transfer of this Bond shall be effective until entered on the registration books kept by the Bond Registrar. The Issuer, the Bond Registrar and the Paying Agent may treat and consider the person in whose name this Bond is registered on the registration books kept by the Bond Registrar 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, and neither the Issuer, nor the Bond Registrar nor the Paying Agent shall be affected by any notice to the contrary. The Bonds are issuable solely in the form of registered Bonds without coupons in the denomination of $1 , 000 or any integral multiples thereof. BD9743 (PE') 31 evt Except as otherwise provided herein and unless the context clearly indicates otherwise, words and phrases used herein shall have the same meanings as such words and phrases in the Bond Resolution. 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 Act and all other laws applicable thereto. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Utah and by the Act and the Bond Resolution to exist, to have happened or to have been performed precedent to or in connection with 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 Issuer, is within every debt and other limit prescribed by said Constitution and statutes, and that the aggregate amount of special assessment bonds of the Issuer for the District, including this Bond, does not exceed the amount authorized by law nor the special assessment levied to cover the cost of improvements in the District, and that all of said special assessment has been lawfully levied. This Bond shall not be valid until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. BD9743 (PF) 32 IN WITNESS WHEREOF, THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, has caused this Bond to be signed in its name and on its behalf by its Mayor and attested by its City Recorder (the signatures of said Mayor and City Recorder being by facsimile or manual signature) , and has caused the facsimile of its corporate seal to be impressed or printed hereon, and said officials by the execution hereof to adopt as and for their own proper signatures their facsimile signatures appearing on each of the Bonds. (Do Not Sign) Mayor ATTEST: (Do Not Sign) City Recorder [ S E A L ] SD9743 (PF) 33 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Bond Resolution and is one of the Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 California Avenue Special Improvement District No. 38-808. ZIONS FIRST NATIONAL BANK as Bond Registrar By Authorized Officer Date of authentication: —_ * * * * * * 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 TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. BD9743 (PE) 34 ASSIGNMENT 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 and hereby irrevocably constitutes and appoints attorney to register the transfer of said Bond on the books kept for registration thereof, with full power of substitution in the premises . Dated: Signature: SIGNATURE GUARANTEED: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of NOTICE: Signature( s) must be the within Bond in every guaranteed by a member firm particular , without of the New York Stock alteration or enlargement or Exchange or a commercial any change whatever. bank or trust company. BD9743 (PE) 35 MISCELLANEOUS 6.01 Ratification. All proceedings, resolutions and actions of the Issuer and its officers taken in connection with the sale and issuance of the Bonds are hereby ratified, confirmed and approved. 6.02 Severability. It is hereby declared that all parts of this Bond Resolution are severable, and if any section, paragraph, clause or provision of this Bond Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this Bond Resolution. 6. 03 Conflict . All resolutions, orders and regulations or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this Bond Resolution are, to the extent of such conflict, hereby repealed. 6. 04 Captions. The table of contents or headings herein are for convenience of reference only and in no way define, limit or describe the scope or intent of any provisions or sections of this Bond Resolution. 6. 05 Effective Date. This Bond Resolution shall take effect immediately. ADOPTED. AND APPROVED this 12th day of June, 1990. Chair ATTEST: City Recorder [ S E A L ] HD9743 (Pr) 36 (Other business not pertinent to the foregoing appears in the minutes of the meeting. ) The meeting was then adjourned. Chair ATTEST: City Recorder ( S E A L ) BD9743 (PF) 37 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the 12th day of June, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 12th day of June, 1990. Palmer A. DePaulis Mayor ' 13139747 (PF) 38 STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, do hereby certify that I am the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) . I further certify that the above and foregoing is a true and correct copy of the minutes of a meeting of the City Council held on June 12 , 1990, including a resolution adopted at said meeting as said minutes and resolution are officially of record and in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of the Issuer this 12th day of June, 1990. City Recorder ( S E A L ) HD9743 (PF) 39 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Utah (the "Issuer" ) , do hereby certify, according to the records of the Issuer in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the June 12, 1990 public meeting held by the Issuer as follows: 1 . By causing a Notice in the form attached hereto as Schedule "A" , to be posted at the Issuer' s offices at 451 South State Street, Salt Lake City, Utah on June 9, 1989, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and 2 . By causing a copy of such Notice, in the form attached hereto as Schedule "A", to be delivered to the Deseret News on June _, 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD9743 (FF) 40 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 12th day of June, 1990. City Recorder ( S E A L ) BD9743 (BF) 41 EXHIBIT "B" Form of Bond Purchase Agreement (See Transcript Document No. ) BD9743 (PF) 42 EXHIBIT "C" Official Statement ( See Transcript Document No. ) BD9743 (PP) 43 BD9741 (PF) 4 $659,000 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT BONDS SERIES 1990 CALIFORNIA AVENUE SPECIAL IMPROVEMENT DISTRICT NO. 38-808 BOND PURCHASE AGREEMENT June 12 , 1990 Salt Lake City City and County Building 451 South State Street Salt Lake City, UT 84111 On the basis of the representations and covenants contained herein and subject to the terms and conditions herein set forth, the undersigned, First Security Bank of Utah, N.A. (the "Underwriter" ) , hereby agrees to purchase from Salt Lake City $659, 000 in aggregate principal amount Special Assessment Bonds, Series 1990 (the "Bonds" ) with respect to California Avenue Special Improvement District No. 38-808 (the "District" ) , and Salt Lake City agrees to sell and deliver to the Underwriter the Bonds to be issued under and pursuant to a resolution adopted by the City Council of Salt Lake City on June 12, 1990 (the "Resolution" ) containing final provisions for the pricing and terms of the Bonds. Exhibit "A" , which is incorporated by reference into this Bond Purchase Agreement, contains a brief description of the Bonds, the manner of their issuance, the purchase price to be paid and the date of delivery and payment (the "Closing" ) . SECTION 1. Representations, Warranties and Agreements of Salt Lake City. By acceptance hereof Salt Lake City hereby represents and warrants to, and agrees with, the Underwriter that: ( a) Salt Lake City, Salt Lake County, Utah (the "City" ) is authorized to act for the purpose of exercising the powers contained in Chapter 16 of Title 10, Utah Code Annotated 1953, as amended (referred to herein as the "Act" ) and the City is authorized by the provisions of the Act to issue the Bonds. (b) The City has full power and authority to consummate all transactions contemplated by this Bond 4 Purchase Agreement, the Bonds, and any and all other agreements relating thereto. (c) The information contained in the final Official Statement that may be authorized for use by the City with respect to the Bonds (the "Official Statement" ) , is, and as of the Closing Time (hereinafter defined) will be true and does not contain any untrue statement of a material fact and does not omit and will not omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (d) Upon the adoption of the Resolution, the City will have duly authorized all necessary action to be taken by the City for: (1) the issuance and sale of the Bonds upon the terms set forth herein and in the Official Statement; (2) the appointment of Zions First National Bank, as Registrar and Paying Agent; (3) the approval and the execution of the final Official Statement; (4) the execution, delivery, receipt and due performance of this Bond Purchase Agreement, the Bonds, and any and all such other agreements and documents as may be required to be executed, delivered and received by the City in order to carry out, give effect to and consummate the transactions contemplated hereby and by the Official Statement; and (5) the carrying out, giving effect to and consummation of the transactions contemplated hereby and by the Official Statement. Executed counterparts of the Resolution and signed copies of the Official Statement will be delivered to the Underwriter by the City at the Closing Time. (e) There is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court, public board or body pending or, to the best of its knowledge, threatened against or affecting the City (or to its knowledge any basis therefor) , wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated hereby or by the Official Statement or the validity of the Bonds, this Bond Purchase Agreement or any agreement or instrument to which the City is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or by the Official Statement. HD9741 (PH) 2 ( f) The execution and delivery of the Official Statement, this Bond Purchase Agreement, the Bonds, the Resolution and the other agreements contemplated hereby and by the Official Statement, and compliance with the provisions thereof, will not conflict with or constitute on the part of the City a breach of or a default under any existing law, court or administrative regulation, decree or order or any agreement, indenture, mortgage, lease or other instrument to which the City is subject or by which the City is or may be bound. (g) The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer whose arbitrage certifications may not be relied upon. (h) Any certificate signed by any officers of the City duly authorized to execute documents regarding the issuance of the Bonds and delivered to the Underwriter shall be deemed a representation and warranty by the City to the Underwriter as to the statements made therein. SECTION 1 . 1 . Purchase, Sale and Delivery of the Bonds. On the basis of the representations, warranties and covenants contained herein, and subject to the terms and conditions herein set forth, at the Closing Time (hereinafter defined) the Underwriter agrees to purchase from the City and the City agrees to sell to the Underwriter the Bonds at a purchase price equal to % of par, plus accrued interest from the date of the Bonds to the date of payment and delivery. The Bonds shall be issued under and secured, shall mature and bear interest and shall be subject to redemption as set forth in the Resolution. Payment for the Bonds shall be made by certified or official bank check or draft in immediately available federal funds payable to the order of Salt Lake City Corporation for its account, at the offices of Ballard, Spahr, Andrews & Ingersoll , at p.m. , on or about June 26, 1990, or such other place, time or date as shall be mutually agreed upon by the City and the Underwriter. The date of such delivery and payment is herein called the "Closing Date" , and the hour and date of such delivery and payment is herein called the "Closing Time" . The delivery of the Bonds shall be made in definitive form (provided neither the printing of a wrong number on any Bond nor the failure to print a number thereon shall constitute cause to refuse delivery of any Bond) and shall be made in fully registered form (in such denominations as the Underwriter shall specify in writing at least BD9741 (PE> 3 1,4 n forty-eight (48) hours prior to the Closing Time) . The Bonds shall be available for examination and packaging by the Underwriter at least twenty-four (24) hours prior to the Closing Time. SECTION 2. Conditions to the Underwriter' s Obligations. The Underwriter' s obligations hereunder shall be subject to the due performance by the City of its obligations and agreements to be performed hereunder at or prior to the Closing Time and to the accuracy of and compliance with the City' s representations and warranties contained herein, as of the date hereof and as of the Closing Time, and are also subject to the following conditions: (a) The Bonds and the Resolution shall have been duly authorized, executed and delivered in the form approved by the Underwriter, together with an opinion of counsel of the City that (i) the City is a lawfully created municipality of the State of Utah; (ii ) the Bonds, the Resolution and this Bond Purchase Agreement have been duly authorized, executed and delivered by the City; and (iii) said documents constitute valid and legally binding obligations of the City enforceable against the City. (b) At the Closing Time, the Underwriter shall receive: (1) The opinion dated the Closing Date of Ballard, Spahr, Andrews & Ingersoll, Bond Counsel, relating to the valid authorization and issuance of the Bonds, the tax-exempt status of the Bonds and certain other matters; (2 ) A certificate, satisfactory to the Underwriter, of the Mayor of the City or of any other duly authorized officers satisfactory to the Underwriter, dated as of the Closing Date, to the effect that: (i ) the City has duly performed all of its obligations to be performed at or prior to the Closing Time and that each of the representations and warranties contained herein is true as of the Closing Time; (ii ) the City has authorized, by all necessary action, the execution, delivery, receipt and due performance of the Bonds, this Bond Purchase Agreement, any and all such other agreements and documents as may be required to be executed, delivered and received by the City to carry out, give effect to and consummate the transactions contemplated hereby and by the Official BD9741 (PP) 4 Statement; ( iii ) no litigation is pending, or, to the Mayor' s knowledge, threatened, to refrain or enjoin the issuance or sale of the Bonds or in any way affecting any authority for or the validity of the Bonds, the Resolution or the City' s existence or powers or the City' s right to use the proceeds of the Bonds as contemplated; and (iv) the execution, delivery, receipt and due performance of the Bonds , the Resolution and the other agreements contemplated hereby and by the Official Statement under the circumstances contemplated hereby and thereby and compliance with the provisions thereof will not conflict with or constitute on the part of the City a breach of or a default under any court decree or order or any agreement, indenture, lease or other instrument or, to its knowledge, any existing law or administrative regulation, decree or order to which the City is subject or by which it is or may be bound; and (3 ) Such additional certificates and other documents as the Underwriter may reasonably request to evidence performance of or compliance with the provisions hereof and the transactions contemplated hereby and by the Official Statement, all such certificates and other documents to be satisfactory in substance to the Underwriter. SECTION 3 . Underwriter' s Right to Cancel . The Underwriter shall have the right to cancel its obligations hereunder to purchase the Bonds ( such cancellation shall not constitute a default hereunder) by notifying the City in writing or by telegram of its election so to do between the date hereof and the Closing Time, if any time hereafter and prior to the Closing Time : ( a) A tentative decision with respect to legislation shall be reached by a committee of the House of Representatives or the Senate of the Congress of the United States of America, or legislation shall be favorably reported by such a committee or be introduced, by amendment or otherwise, in, or be passed by, the House of Representatives or the Senate, or recommended to the Congress of the United States of America, or be enacted by the Congress of the United States of America, or a decision by a court established under Article III of the Constitution of the United States of America, or the Tax Court of the United States of America, shall be rendered, or a ruling, regulation or order of the Treasury Department of the United States of America or the BD9741 (PE") 5 Internal Revenue Service shall have occurred which results in the imposition of federal income taxation, upon revenues or other income of the general character to be derived by the City or by any similar body or upon interest received on obligations of the general character of the Bonds, or the Bonds, which, in the Underwriter' s opinion, materially adversely affects the market price of the Bonds; (b) Any legislation, ordinance, rule or regulation shall be introduced in or be enacted by any governmental body, department or agency in the State of Utah (the "State" ) , or a decision by any court of competent jurisdiction within the State shall be rendered which, in the Underwriter opinion, materially adversely affects the market price of the Bonds; (c) A stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all the underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of any provision of the federal securities laws, the Securities Act of 1933 , as amended and as then in effect, or the registration provisions of the Securities Exchange Act of 1934, as amended and as then in effect, or the qualification provisions of the Trust Indenture Act of 1939, as amended and as then in effect; (d) Legislation shall be enacted by the Congress of the United States of America, or a decision by a court of the United States of America shall be rendered, to the effect that obligations of the general character of the Bonds, or the Bonds, including all the underlying obligations, are not exempt from registration under or from other requirements of the Securities Act of 1933, . as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or that the Resolution is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended and as then in effect; (e) Any event shall have occurred, or information become known, which, in the Underwriter' s opinion, makes untrue in any material respect any statement or BD9741 (PE) 6 information contained in the Official Statement or the Appendices thereto, or has the effect that the Official Statement or the Appendices thereto as originally circulated contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; (f) Additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; (g) Any national securities exchange, or any governmental authority, shall impose, as to the Bonds or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the change to the net capital requirements of, the Underwriter; (h) A general banking moratorium shall have been established by federal, New York or Utah' s authorities; (i ) A war involving the United States of America shall have been declared, or any conflict involving the armed forces of the United States of America shall have escalated, or any other national emergency related to the effective operation of government or the financial community shall have occurred, which, in the Underwriter' s opinion, materially adversely affects the market price of the Bonds. SECTION 4. Payment of Expenses. The City will pay the cost of the fees and disbursements of counsel to the Issuer, of Bond Counsel and of the Financial Advisor, the cost of preparing and printing the Bonds, the cost of preparing and printing the Official Statement and any supplements thereto, the cost of obtaining any ratings, if a rating is sought, on the Bonds, including any rating agency fees, and the fees of the Registrar and Paying Agent for the Bonds. The Underwriter will pay all other costs of the offering. The obligation of the Underwriter to pay the above described expenses shall survive the termination of this Bond Purchase Agreement or the failure to consummate the transaction described herein. ED9741 (PE) 7 i SECTION 5. Conditions of Obligations. Obligations of the City hereunder are subject to the Underwriter's performance of their obligations hereunder. SECTION 6. Representations. Warranties and Agreements to Survive Delivery. All of the representations, warranties and agreements of the City shall remain operative and in full force and effect, regardless of any investigations made by the Underwriter on its behalf, and shall survive delivery of the Bonds to the Underwriter. SECTION 7. Use of Official Statement. The Underwriter's authority to use the Official Statement in connection with the sale of the Bonds is hereby ratified and a sufficient number of copies of the Official Statement will be made available to the Underwriter. SECTION 8. Notice. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by mailing or delivering the same in writing to Salt Lake City Corporation, City and County Building, 451 South State Street, Salt Lake City. Utah 84111, Attention: Mayor, and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to First Security Bank of Utah, N.A. , 79 South Main, Salt Lake City, Utah 84111 . SECTION 9. Applicable Law; Nonassignability. This Bond Purchase Agreement shall be governed by :the laws of the State of Utah. This Bond Purchase Agreement shall not be assignable. BD9741 (Pr) 8 fl SECTION 10. Amendments: Execution of Counterparts. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Very truly yours, FIRST SECURITY BANK OF UTAH, N.A. By: Terry G. Rock Vice President Accepted as of date first above written: SALT LAKE CITY, SALT LAKE COUNTY, UTAH By Mayor Attest: City Recorder ( S E A L ) BD9741 (PF) 9 0 Exhibit "A" f""� DESCRIPTION OF BONDS �� 11 a. Purchase Price: $659,000 plus accrued interest, if any, from June 15, 1990, to date of Closing in federal funds. b. Denomination: $1,000 or any integral multiple thereof. c. Form: Fully Registered Bonds, without coupons. d. Semiannual Interest Payable: December 1 and June 1 of each year, commencing December 1, 1990. e. Maturity Schedule: December 1 of each year as follows: Interest Reoffering Year Amount Rate Yield 1990 $ 65,000 1991 66, 000 1992 66,000 1993 66,000 1994 66, 000 1995 66,000 1996 66,000 1997 66, 000 1998 66,000 1999 66,000 f. Redemption: Bonds maturing on or after December 1, 1997 to be redeemable at the election of the Issuer on any interest payment date on or after December 1, 1997 at the redemption price of 101%. g. Reoffering Production: $ h. Anticipated Closing Date: June 25, 1990 A BD9741 (PF) 10 - 9D9745 (Pr) 1 V l Salt Lake City, Utah June 12 , 1990 The City Council (the "Council" ) of Salt Lake City, Utah County, Utah, (the "Issuer" ) met in regular session on Tuesday, the 12th day of June, 1990, at 6:00 p.m. at its regular meeting place at 451 South State Street, Salt Lake City, Utah. The following members of the Council were present: Alan Hardman Chair Nancy Pace Vice Chair Roselyn N. Kirk Councilmember L. Wayne Horrocks Councilmember Ronald Whitehead Councilmember Thomas M. Godfrey - Councilmember Don C. Hale Councilmember Also present: Palmer A. DePaulis Mayor Kathryn Marshall City Recorder Roger Cutler City Attorney Absent: None After the meeting had been duly called to order and the minutes of the preceding meeting approved, and after other matters not pertinent to this resolution had been discussed, I - the City Recorder presented to the Council a Certificate of (7/ Compliance With Open Meeting Law with respect to this June 12, 1990 meeting, a copy of which is attached hereto as Exhibit "A„ . Whereupon the following Resolution was introduced in written form and pursuant to motion made by Councilmember and seconded by Councilmember was fully discussed and adopted by the following vote: AYE: NAY: The Resolution was thereupon signed by the Chairperson in open meeting and is as follows: 9D9745 (PP) 2 RESOLUTION NO. OF 1990 A RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH $913 , 000 SPECIAL ASSESSMENT BONDS, SERIES 1990, SPECIAL IMPROVEMENT DISTRICT NO. 38-830 (THE "BONDS" ) ; PROVIDING FOR PRICING AND TERMS OF THE BONDS, PRESCRIBING THE FORM OF BONDS, THE MATURITY AND DENOMINATION OF SAID BONDS; PROVIDING FOR THE CONTINUANCE OF A GUARANTY FUND; AUTHORIZING AND APPROVING THE FORM OF A BOND PURCHASE AGREEMENT AND THE OFFICIAL STATEMENT, AND RELATED MATTERS. WHEREAS, the City Council (the "Council" ) of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) , has heretofore adopted proceedings for the construction of improvements in Salt Lake City, Salt Lake County, Utah Special Improvement District No. 38-830 (the "District" ) , and has adopted and approved the Ordinance of the District confirming the assessment roll for such improvements on the 17th day of April , 1990; and WHEREAS, notice of assessments to property owners in the District has been published in accordance with the requirements of the laws of the State of Utah and the ordinances of the Issuer, and notice of assessment has been mailed by the City Treasurer and to all the owners of property assessed in the District; and WHEREAS, the total cost of the improvements was approximately $1 ,971, 358. 00 of which the Issuer' s portion was $1,043 , 097 . 73 ; that during the cash payment period following the effective date of the Ordinance levying the assessment, property owners in the District have paid $14, 837 . 68 on the principal of their assessments, leaving an amount to be paid through the issuance of bonds or from funds provided by the Issuer of $913 , 000. 00 (rounded down to the nearest $1,000) ; WHEREAS, First Security Bank of Utah, N.A. of Salt Lake City, Utah ( "First Security" ) has indicated its interest in purchasing the Bonds in the total principal amount of $913 , 000, plus accrued interest to the date of delivery, upon the terms and conditions as herein set forth and in accordance with the Bond Purchase Agreement, the form of which is set forth as Exhibit "B" hereto; and WHEREAS, the Council has determined that it is in the best interest of the Issuer to accept the offer of First 13D9745 (PE') 3 Security for the purchase of the Bonds and to award the sale of the Bonds to First Security; and WHEREAS, the Issuer has negotiated and agreed upon the pricing provisions and interest rate terms of the Bonds: NOW, THEREFORE, Be It Resolved by the City Council of Salt Lake City, Salt Lake County, Utah: 13139745 (PF) 4 ARTICLE I DEFINITIONS; AUTHORITY 1 . 01 Definitions. As used in this Bond Resolution, unless the context shall otherwise require, the following terms shall have the following meanings: "Act" means the Utah Municipal Improvement District Act, Chapter 16, Title 10, Utah Code Annotated 1953 , as amended. "Allocable Portion" means the amount of the Guaranty Fund that is allocable to the Bonds according to ( i ) the proportion that the original face amount of the Bonds bears to the aggregate of the original face amounts of the Bonds and all other outstanding Special Improvement Bonds, or (ii ) any other method of allocation specifically approved in writing by nationally recognized bond counsel to the effect that the use of such method will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. "Bond Purchase Agreement" means the Bond Purchase Agreement to be dated June 12 , 1990 between the Issuer and First Security, in the form attached hereto as Exhibit "B" , pursuant to which the Bonds are to be sold by the Issuer to First Security. "Bondholder" or "Holder" means the registered owner of any Bond as shown in the registration books of the Issuer kept by the Bond Registrar for such purpose . "Bond Registrar" means each Person appointed by the Issuer as bond registrar and agent for the transfer, exchange and authentication of the Bonds. Pursuant to Sections 2 . 05 and 3 . 05 hereof the initial Bond Registrar for the Bonds is Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111, or its successors. "Bond Resolution" means this Resolution of the Issuer adopted on June 12 , 1990, authorizing the issuance and sale of the Bonds. "Bonds" means the Bonds of the Issuer authorized by this Bond Resolution. BD9745 (PF) 5 "City Recorder" means the City Recorder of the (7) Issuer. "City Treasurer" means the City Treasurer of the Issuer. "Code" means the Internal Revenue Code of 1986, as amended. "District" means the Salt Lake City, Salt Lake County, Utah Special Improvement District No. 38-830. "First Security" means First Security Bank of Utah, N.A. "Government Obligations" 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. "Gross Proceeds" means the gross proceeds of the Bonds as described in Section 148(f) (6) (B) of the Code. "Guaranty Fund" means the Special Improvement Guaranty Fund established by the Issuer to secure timely payment of all special assessment bonds issued by the Issuer pursuant to the Act. "Issuer" means Salt Lake City, Salt Lake County, Utah. "Mayor" means the Mayor of the Issuer. "Paying Agent" means each Person appointed by the Issuer as paying agent with respect to the Bonds. Pursuant to Sections 2 . 05 and 3 . 05 hereof the initial Paying Agent for the Bonds is Zions First National Bank, One South Main Street, Salt Lake City, Utah 84111, or its successors or assigns. "Person" means natural persons, firms, partnerships, associations, corporations, trusts, public bodies and other entities. "Qualified Investments" means any of the following: (i ) demand deposits and time certificates of deposit of federally insured depositories of the State of Utah, BD9745 (PE) 6 ( ii ) Government Obligations, or (iii ) repurchase agreements with any federally insured bank or savings and loan association in the State of Utah, acting as principal or agent, for securities of the United States of America or other evidences of indebtedness of like quality. "Record Date" means (a) in the case of each interest payment date, the Bond Registrar' s close of business on the fifteenth day immediately preceding such interest payment date, and (b) in the case of each redemption, such record date as shall be specified by the Bond Registrar in the notice of redemption required by Section 2 .06 hereof, provided that such record date shall be not less than 15 calendar days before the mailing of such notice of redemption. "Special Assessment Fund" means the Special Assessment Fund defined in Section 4. 03 hereof. "Special Assessment Fund Matching Amount" means the amount on deposit in the Special Assessment Fund which will be depleted at least once each year to pay debt service on the Bonds plus a reasonable carryover amount not to exceed the greater of ( i ) one year ' s earnings on such amount of the Special Assessment Fund, or ( ii ) one-twelfth of the annual debt service on the Bonds . "Special Improvement Bonds" means bonds issued by the Issuer pursuant to the Act, and as defined in Section 10-16-3 (5 ) of the Act. "Special Improvement Districts" means districts created within the Issuer pursuant to the Act and as defined in Section 10-16-3 (3 ) of the Act. "Tax-Exempt Obligations" means obligations of any state, territory or possession of the United States, or any political subdivision of any of the foregoing, or of the District of Columbia, which are described in, and the interest on which is excludible from gross income for federal income tax purposes under Section 103 ( a) of the Code, and stock of any qualified regulated investment company investing in tax-exempt bonds, which stock is not treated as investment property according to the terms of Internal Revenue Service Notice 87-22 or any successor thereto; provided, however, that such obligations and such tax-exempt bonds in which such investment company BD9745 (PF) 7 invests are not specified private activity bonds as defined in Section 57(a) (5) (C) of the Code. "Underwriter" means First Security Bank of Utah, N.A. "Unrestricted Portion of Bond Proceeds" means an amount of Gross Proceeds of the Bonds equal to the sum of (i) 10% of the proceeds of the Bonds, plus (ii ) the lesser of (A) 5% of the proceeds of the Bonds, or (B) $100, 000. The terms "hereby, " "hereof, " "hereto, " "herein, " "hereunder, " and any similar terms as used in this Bond Resolution, refer to this Bond Resolution. 1.02 Authority for Bond Resolution. This Bond Resolution is adopted pursuant to the provisions of the Act. B1:)9745 (PF) 8 ARTICLE II AUTHORIZATION, TERMS AND ISSUANCE OF BONDS 2 . 01 Authorization of Bonds, Principal Amount Designation and Series . In accordance with and subject to the terms, conditions and limitations established in this Bond Resolution, a series of Special Assessment Bonds of the Issuer is hereby authorized to be issued in the aggregate principal amount of $913 ,000. Such series of bonds shall be designated "Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990, Special Improvement District No. 38-830. " The Bonds shall be issued in fully registered form only, without coupons. 2 . 02 Purpose . The Bonds are hereby authorized to be issued for the purpose of ( a) paying the costs of constructing improvements consisting of the removal, replacement or reconstruction of curb, gutter and defective sidewalk, driveways, driveway approaches and appurtenances; underground vault work; installation of lighting fixtures, tree grates, street landscaping, underground sprinkling systems, utility relocation, underground wiring, conduit and junction boxes to existing poles with and without increase in street lighting power and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner, and (b) retiring any outstanding interim warrants, and (c) paying issuance expenses incurred in connection with the issuance of the Bonds. 2 .03 Bond Details . The Bonds will be dated June 15, 1990, and will mature on December 1 in the following years and amounts and will bear interest at the following rate or rates: Maturity Interest (Dec . 1 ) Amount Rate 1990 $ 91 ,000 1991 91 , 000 1992 91 , 000 1993 91 , 000 1994 91 , 000 1995 91 ,000 1996 91 , 000 1997 92 ,000 1998 92 ,000 1999 92 , 000 TOTAL $913 , 000 R D9745 (PF) 9 17, The Bonds shall bear interest payable semiannually beginning on December 1, 1990 and continuing thereafter on June 1 and December 1 of each year by check or draft mailed to the registered owners of record of the Bonds. Each Bond shall accrue interest from the interest payment date next preceding the date on which it is authenticated, unless (a) it is authenticated before the first interest payment date following the initial delivery of Bonds, in which case interest shall accrue from their initial delivery date, or (b) if any Bond is authenticated on an interest payment date, in which case interest shall accrue from such interest payment date; provided that if at the time of authentication of any Bond, interest is in default, such Bond shall accrue interest from the date to which interest has been paid. The Bonds shall bear interest on overdue principal at the aforesaid respective rates. 2 . 04 Denominations and Numbers. Subject to the provisions of Section 4. 01 hereof, the Bonds shall be issued as fully registered bonds, without coupons, in the denomination of $1, 000, or any integral multiples thereof. The Bonds shall be numbered with the letter prefix "R" and shall be numbered from one (1) consecutively upwards in order of issuance. 2 . 05 Paying Agent and Bond •Registrar. The Issuer may remove any Paying Agent and any Bond Registrar, and appoint a successor or successors thereto. The Issuer shall submit to the Paying Agent or Bond Registrar, as the case may be, a notice of such removal at least 30 days prior to the effective date of such removal, and shall specify the date on which such removal shall take effect. ' Such removal shall take effect on the date that each successor Paying Agent and Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by the Bond Resolution by executing and delivering to the Issuer a written acceptance thereof. The principal of, premium, if any, and interest on the Bonds shall be payable in any coin or currency of the United States of America which, at the respective dates of payment thereof, is legal tender for the payment of public and private debts. Principal of and premium, if any, on the Bonds shall be payable when due to the Holder of each Bond at the principal office of the Paying Agent. Payment of interest on each Bond shall be made to the person which, as of the Record Date, is the Holder of the Bond and shall be made by check or draft mailed to the Person which, as of the Record Date, is the Holder of the Bond, at the address of such Holder as it appears on the registration books of the Issuer kept by the ED9745 (PF) 10 Bond Registrar, or at such other address as is furnished to the Bond Registrar in writing by such Holder on or prior to the Record Date . 2 . 06 Optional Redemption and Redemption Price. The Bonds maturing after December 1, 1997 are callable for redemption prior to maturity at the election of the Issuer on December 1, 1997, or on any interest payment date thereafter prior to maturity, in whole or in part, at a redemption price of 101% of the principal amount of Bonds to be redeemed, plus accrued interest to the date of redemption. Should all or any of the Bonds be called for redemption prior to maturity in accordance with this Section 2 . 06, such Bonds shall be called in inverse order of maturity and by lot within each maturity. Notice of redemption shall be given by the Bond Registrar by registered mail , not less than thirty (30) days prior to the redemption date, to the Holder, as of the Record Date, of each Bond which is subject to redemption, at the address of such Holder as it appears on the registration books of the Issuer kept by the Bond Registrar, or at such other address as is furnished to the Bond Registrar in writing by such Holder on or prior to the Record Date . Each notice of redemption shall state the Record Date, the redemption date, the place of redemption, the principal amount and, if less than all , the distinctive numbers of the Bonds to be redeemed, and shall also state that the interest on the Bonds 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 principal of, interest accrued thereon to the redemption date, and premium, if any. Any notice mailed as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Bondholder received such notice . Failure to give such notice or any defect therein with respect to any Bond shall not affect the validity of the proceedings for redemption with respect to any other Bond. 2 .07 Sale of the Bonds. (a) Approval is hereby granted for the sale and delivery of the Bonds to First Security at an aggregate price of at least $913 , 000, plus accrued interest to the date of delivery, at a purchase price of % plus interest at rates as set out in Section 2 . 03 hereof, and as set forth in the Bond Purchase Agreement. To evidence the acceptance of the Bond Purchase Agreement, the Mayor is hereby authorized to execute and deliver, and the City Recorder to seal and attest, BD9745 (PF) 11 (10 the Bond Purchase Agreement in substantially the form set out as Exhibit "B" which is attached hereto. (b) The form of the Official Statement of the Issuer in substantially the form attached hereto as Exhibit "C" , with such changes, insertions and revisions as the Mayor shall approve, is hereby approved and the Mayor shall execute and deliver the Official Statement to First Security for distribution to prospective purchasers of the Bonds and other interested persons. The approval of the Mayor of any such changes, omissions, insertions and revisions shall be conclusively established by the Mayor' s execution of the final Official Statement. 2 .08 Execution of the Bonds. The Bonds shall be executed on behalf of the Issuer by the Mayor and attested by the City Recorder (the signatures of the Mayor and City Recorder being either manual and/or by facsimile) and the corporate seal of the Issuer or a facsimile thereof shall be impressed or imprinted thereon. The use of such facsimile signatures of the Mayor and City Recorder and such facsimile of the seal of the Issuer on the Bonds are hereby authorized, approved and adopted by the Issuer as the authorized and authentic execution, attestation and sealing of the Bonds by said officials. The Bonds shall then be delivered to the Bond Registrar for manual authentication by it. The Certificate of Authentication shall be substantially in the form provided in Section 5 .01 hereof. Only such of the Bonds as shall bear thereon a Certificate of Authentication, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this Bond Resolution, and such certificate of the Bond Registrar shall be conclusive evidence that the Bonds so certified have been duly registered and delivered under, and are entitled to the benefits of, this Bond Resolution and that the Holder thereof is entitled to the benefits of this Bond Resolution. The Certificate of Authentication of the Bond Registrar on any Bond shall be deemed to have been executed by it if (a) such Bond is signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the Certificate of Authentication on all of the Bonds issued hereunder or that all of the Bonds hereunder be certified as registered by the same Bond Registrar, and (b) the date of authentication of the Bond is inserted in the place provided therefor on the Certificate of Authentication. The Mayor and City Recorder are authorized to execute, attest and seal from time to time, in the manner described above, Bonds (the "Exchange Bonds" ) to be issued and delivered for the purpose of effecting transfers and exchanges of Bonds HD9745 (Pr) 12 pursuant to Article II hereof. At the time of the execution, attestation and sealing of the Exchange Bonds by the Issuer, the payee, principal amount, CUSIP number, if any, maturity and interest rate shall be in blank. Upon any transfer or exchange of Bonds pursuant to Article III hereof, the Bond Registrar shall cause to be inserted in appropriate Exchange Bonds the appropriate payee, principal amount, maturity and interest rate . The Bond Registrar is hereby authorized and directed to hold the Exchange Bonds, and to complete, certify as to registration and authenticate ( if applicable) and deliver the Exchange Bonds, for the purpose of effecting transfers and exchanges of Bonds; provided that any Exchange Bonds registered, authenticated (if applicable) and delivered by the Bond Registrar shall bear the same series, maturity and interest rate as Bonds delivered to the Bond Registrar for exchange or transfer, and shall bear the name of such payee as the Bondholder requesting an exchange or transfer shall designate; and provided further that upon the delivery of any Exchange Bonds by the Bond Registrar a like principal amount of Bonds submitted for transfer or exchange, and of like series and having like maturities and interest rates, shall be canceled. The execution, attestation and sealing by the Issuer and delivery to the Bond Registrar of any Exchange Bond shall constitute full and due authorization of such Bond containing such payee, principal amount, maturity and interest rate as the Bond Registrar shall cause to be inserted, and the Bond Registrar shall thereby be authorized to authenticate and deliver such Exchange Bond in accordance with the provisions hereof. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond ( including any Exchange Bond) shall cease to be such officer before the issuance or delivery of such Bond, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such issuance or delivery, respectively. 2 . 09 Delivery of Bonds . The Bonds shall be delivered to First Security at such time and place as provided in, and subject to, the provisions of the Bond Purchase Agreement. The City Treasurer is hereby instructed to make delivery of the Bonds to First Security and to receive payment therefor in accordance with the terms of the Bond Purchase Agreement. 2 . 10 Further Authority. The Mayor and the City Recorder and other officers of the Issuer 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 BD9745 (£F) 13 as may be necessary or advisable to provide for the issuance, sale, registration and delivery of the Bonds. HD9745 (PF) 14 ARTICLE III TRANSFER AND EXCHANGE OF BONDS; BOND REGISTRAR 3 .01 Transfer of Bonds. (a) Any Bond, may, in accordance with its terms, be transferred, upon the registration books kept by the Bond Registrar pursuant to Section 3 . 03 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Bond Registrar, duly executed. No transfer shall be effective until entered on the registration books kept by the Bond Registrar. The Issuer, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner thereof for the purpose of receiving payment of, or on account of, the principal or redemption price thereof and interest due thereon and for all other purposes whatsoever. (b) Whenever any Bond or Bonds shall be surrendered for transfer, the Bond Registrar shall authenticate and deliver a new fully registered Bond or Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 . 08 hereof) of the same series, designation, maturity and interest rate and of authorized denominations duly executed- by the Issuer, for a like aggregate principal amount. The Bond Registrar 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. With respect to each Bond, no such transfer shall be required to be made (i ) after the Record Date with respect to any interest payment date to and including such interest payment date, or ( ii ) after the Record Date with respect to any redemption of such Bond. (c ) The Issuer shall not be required to register the transfer of or exchange any Bond selected for redemption in whole or in part, except the unredeemed portion of Bonds being redeemed in part. Upon surrender of any Bond redeemed in part only, the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Bondholder, at the expense of the Issuer, a new Bond or Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 . 08 hereof) of the same series, designation, maturity and interest rate and of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Bond surrendered. BD9745 (Ps) 15 I relk 3 .02 Exchange of Bonds. Bonds may be exchanged at the principal corporate trust office of the Bond Registrar for a like aggregate principal amount of fully registered Bonds (which may be an Exchange Bond or Bonds pursuant to Section 2 .08 hereof) of the same series, designation, maturity and interest rate of other authorized denominations. The Bond Registrar 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. With respect to each Bond, no such exchange shall be required to be made (i ) after the Record Date with respect to any interest payment date to and including such interest payment date, or (ii ) after the Record Date with respect to any redemption of such Bond. 3 .03 Bond Registration Books. This Bond Resolution shall constitute a system of registration within the meaning and for all purposes of the Registered Public Obligations Act, Chapter 7 of Title 15, Utah Code Annotated 1953, as amended. The Bond Registrar shall keep or cause to be kept, at its principal office, sufficient books for the registration and transfer of the Bonds, which shall at all times be open to inspection by the Issuer; and, upon presentation for such purpose, the Bond Registrar shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Bonds as herein provided. 3 .04 List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the Holders of all Bonds and upon any transfer shall add the name and address of the new Bondholder and eliminate the name and address of the transferor Bondholders. 3 . 05 Duties of Bond Registrar. If requested by the Bond Registrar, the Mayor and City Recorder are authorized to execute the Bond Registrar' s standard form of agreement between the Issuer and the Bond Registrar with respect to the compensation, obligations and duties of the Bond Registrar hereunder which may include the following: (a) to act as bond registrar, authenticating agent, paying agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the Issuer upon request, but otherwise to keep such list confidential ; (c) to give notice of redemption of Bonds as provided herein; 8109745 (PE) 16 (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the Issuer at least annually a certificate with respect to Bonds canceled and/or destroyed; and (f) to furnish the Issuer at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. BD9745 (PE) 1 ARTICLE IV COVENANTS AND UNDERTAKINGS 4.01 Covenants of Issuer. All covenants, statements, representations and agreements contained in the Bonds, and all recitals and representations in this Bond Resolution are hereby considered and understood and it is hereby resolved that all said covenants, statements, representations and agreements of the Mayor, are the covenants, statements, representations and agreements of the Issuer. 4.02 Ratification of Prior Proceedings. All the proceedings heretofore taken and adopted for the creation of the District and for the construction of improvements therein and the assessment of a part of the cost of constructing such improvements on and against the private properties in the District shall be and the same are hereby ratified, approved, and confirmed. No assessment will exceed the benefit to be derived from the improvements by the piece of property assessed, and no parcel of property will bear more than its proportionate share of the cost of the improvements to be made. 4.03 Levy and Collection of Assessments. The City Treasurer shall be and is hereby authorized and empowered, and it shall be his/her duty to receive and collect all assessments levied to pay the cost of said improvements of the District, the installments thereon, the interest thereon, and the penalties accrued, including without limiting the generality of the foregoing, the whole of the unpaid principal, interest and penalties accrued which become due and payable immediately because of the failure to pay any installment whether of principal or interest, when due, and to pay and disburse such payments to the person or persons lawfully entitled to receive the same in accordance with the laws of the State of Utah and all the ordinances and resolutions of the Issuer heretofore or to be hereafter adopted. • All moneys constituting the payment of assessments pursuant to the assessment ordinance adopted on April 17, 1990 including interest thereon, shall be placed in a regular fund to be designated "Special Assessment Fund (or the Special Improvement Debt Service Fund) of Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 Special Improvement District No. 38-830 (the "Special Assessment Fund" ) , and shall be used for the purpose of paying the principal of and the interest on the Bonds of the District BD9745 (PP) 18 I and for no other purpose whatsoever, and as security for such payment, said fund is hereby pledged. 4. 04 Investment of Funds. Moneys deposited in the Special Assessment Fund and Guaranty Fund may be invested in Qualified Investments, provided, however, that any moneys remaining in the Special Assessment Fund for more than twelve (12 ) months may be so invested only upon the City Treasurer obtaining an opinion of nationally recognized municipal bond counsel to the effect that such investment will not adversely affect the exclusion from federal income taxes of interest on and of the Bonds, all in accordance with Section 103 (c ) of the Internal Revenue Code and the regulations promulgated_ thereunder. 4. 05 Guaranty Fund. The provisions of Section 10 of the Assessment Ordinance adopted and approved by the Issuer on the 17th day of April , 1990, in reference to the Guaranty Fund is hereby readopted and the Issuer agrees with the holder of the Bonds herein authorized that it will, until the payment of the Bonds in full and the interest thereon has been paid, provide amounts to be transferred to the Guaranty Fund equal each year to such amount as a tax levy of . 0002 on all property within the Issuer will produce until the Guaranty Fund is equal to not less than forty percent (40%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued prior to March 30, 1981 , and twenty-five percent (25%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued between March 30, 1981 and March 30, 1990, and ten percent ( 10%) of the amount of all outstanding improvement bonds of all regular improvement districts of the Issuer issued thereafter, the Issuer will transfer to such fund such amounts at least yearly as may be required to maintain or replenish such Fund to such percentage . The Guaranty Fund shall be maintained separate and apart from other municipal funds and shall be used and applied only as provided by the laws of the State of Utah. Moneys deposited in the Guaranty Fund shall be invested in such manner as to comply with Section 17-7-31(3 ) (c) of the Act and Section 148 of the Code and the Issuer hereby covenants to maintain such books and records and to account for all moneys deposited in the Guaranty Fund with respect to the Bonds so as to insure that such moneys shall not be invested at a yield in excess of the yield on the Bonds as applicable . 4. 06 Insufficiencies in Special Assessment Fund. Should there be insufficient money in the Special Assessment Fund to pay all of the interest falling due at one time and the principal amount thereof due, the interest and principal shall A03745 (FF) 19 be paid from the Guaranty Fund on a parity basis to the extent that there is sufficient money in the Guaranty Fund for this purpose, and the Bonds are payable exclusively from the regular assessments levied for said purpose and the Guaranty Fund. 4.07 Lien of Assessment. The assessments, any interest accruing on the assessments and the penalties and costs of collection of the assessment shall continue to constitute arid are hereby declared to be a lien against the properties upon which the assessment is levied within the District from and after April 20, 1990, the date on which the ordinance levying the regular assessments became effective, which lien shall be superior to the lien of any trust deed, mortgage, mechanic ' s or materialman " s lien, or other encumbrance, and shall be equal to and on a parity with the lien for general property taxes. Such lien shall continue until the assessment and any interest, penalties, and costs thereon are paid, notwithstanding any sale of the property for or on account of a general property tax, regular tax, other assessment, or the issuance of a tax deed, an assignment of interest by the county, or a sheriff' s certificate of sale or deed. 4.08 Deposit of Funds. The Funds hereinabove referred to shall be kept separate and apart from each other and from any other funds of the Issuer and shall, from time to time as they are accumulated, be deposited in such bank or banks as are designated as depositories of public monies for funds of the Issuer under the depository laws of the State of Utah for the deposit of public funds. 4.09 Default in Payment of Assessments. Default in the payment of any installment of principal or interest of the assessments levied pursuant to the Assessment Ordinance adopted by the Issuer on April 17, 1990 when due, may at the election of the Issuer, cause the whole of the unpaid principal or interest to become due and payable immediately and the whole amount of the unpaid principal shall thereafter draw interest at the rate of 18% per annum until paid. In addition, costs and expenses of collection may he added to the delinquent installments. The Issuer covenants and agrees that it will proceed with due diligence to collect delinquent payments plus collection costs. It may place in operation the procedure necessary to provide for a tax sale of all delinquent property in accordance with the ordinances of the Issuer or in the manner provided by Chapter 10, Title 59, Utah Code Annotated 1953 , as amended for the sale of property for delinquent general property taxes as provided in Section 16-16-24 of the Act. ED979S FE> 20 In lieu of the tax sale enforcement remedy, the Issuer may provide for the summary sale of any property assessed after a delinquency shall have occurred in the payment of any assessment or part or installment of it. The sale shall be in the manner provided for actions to foreclose mortgage liens or trust deeds , except that if at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale. The proceeds from the sale of any property sold will be placed in the Special Assessment Fund. The remedies provided in this section for the collection of assessments and the enforcement of liens and any other remedies available under law to the Issuer shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means and that the proceeds from the sale of any property sold will be placed in the Special Assessment Fund hereinabove referred to. 4. 10 Bonds in Registered Form. The Issuer recognizes that Section 149 of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the Issuer agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. 4. 11 Tax Covenants. ( a) The Mayor and the City Recorder are hereby authorized and directed to execute such certificates as shall be necessary to establish that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and the Treasury Regulations promulgated or proposed thereunder, including Treasury Regulation Sections 1 . 103-13 , 1 . 103-14, 1 . 103-15 and 1 . 103-15AT as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The Issuer covenants and certifies to and for the benefit of the Bondholders and the Beneficial Owners of the Bonds that no use will be made of the proceeds of the issue and sale of the Bonds, or any funds or accounts of the Issuer which may be deemed to be Gross Proceeds of the Bonds, which use, if it had been reasonably expected on the date of issuance of the Bonds, would have caused the Bonds to be classified as "arbitrage bonds" within the meaning of Section AD9745 (FF) 21 148 of the Code. Pursuant to this covenant, the Issuer obligates itself to comply throughout the term of the Bonds with the requirements of Sections 103 through 150 of the Code and the regulations proposed or promulgated thereunder. The Issuer further represents and covenants that no bonds or other evidences of indebtedness of the Issuer have been or will be issued, sold or delivered within a period beginning 31 days prior to the sale of the Bonds and ending 31 days following the delivery of the Bonds. (b) The Issuer hereby covenants and agrees to determine the Allocable Portion of the Guarantee Fund allocable to the Bonds upon the occurrence of each of the following events: (i ) upon the date of issuance of the Bonds; • ( ii ) when the size of the Guaranty Fund increases as a result of either (A) deposits into the Guaranty Fund, or (B) earnings credited to the Guaranty Fund; (iii ) when the last bond of any outstanding issue of Special Improvement Bonds is retired; and (iv) when new Special Improvement Bonds are issued by the Issuer. The amount of such Allocable Portion, if any, which exceeds the Unrestricted Portion of Bond Proceeds will, immediately upon such determination of such Allocable Portion, be invested at a yield not exceeding the yield on the Bonds or in Tax-Exempt Obligations. For this purpose, proceeds of and yield on the Bonds shall be based upon the first price at which a substantial amount (not less than 10%) of the principal amount of the Bonds are sold to the public or final purchasers (not including bond houses or brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) . Yield on the Bonds and on the investment of proceeds thereof shall be calculated in the manner provided in Treasury Regulation Section 1 . 103-13(c) and Section 148(h) of the Code, and the provisions therein will be complied with in all respects. Thus, generally, yield means that percentage rate which when used in computing the present value of payments of principal of and interest on the Bonds or investments of proceeds thereof produces an amount equal to the purchase price thereof. (c) (i) There is hereby created and established a fund designated the "Rebate Fund of Salt Lake City, Salt Lake County, Utah Special Improvement District No. 38-830 (the "Rebate Fund" ) for the purpose of compliance with the rebate BD9745 (Pr 22 requirements of Section 148(f) of the Code . The requirements of this subsection (c) are subject to, and shall be interpreted in accordance with, Section 148 of the Code and the Treasury Regulations promulgated in connection therewith. ( ii ) The Issuer shall account for the investment of the Gross Proceeds of the Bonds comprised of , and make the required arbitrage rebate payments to the federal government from the earnings from said Gross Proceeds of the Bonds or from any other legally available source (provided, however, that this obligation shall not be construed as constituting a debt or liability of the Issuer within the meaning of any constitutional or statutory limitation upon the incurrence of indebtedness by the Issuer) at the times, upon the terms and conditions, and in the manner specified in Section 148( f) of the Code and the Treasury Regulations promulgated in connection therewith. ( iii ) The Issuer shall compute the amount of "Excess Earnings, " if any, as required by Section 148(f) of the Code and the Treasury Regulations promulgated in connection therewith (notwithstanding any provision or requirement in this Resolution to the contrary) , and shall transfer into the Rebate Fund such amount from the accounts established hereunder or from the other legally available moneys of the Issuer. Amounts held in the Rebate Fund shall be invested and reinvested by the City Treasurer, in Qualified Investments which mature or are subject to redemption by the holder or owner prior to the date such funds are expected to be needed. Notwithstanding anything contained herein to the contrary, interest accruing on and profit realized from funds on deposit in the Rebate Fund shall be deposited into the Rebate Fund. If at any time the amount in the Rebate Fund exceeds the amount that would be required to be paid to the United States under paragraph (v) below if the Bonds had been paid in full , such excess shall promptly be transferred to the Bond Fund. ( iv) In general , "Excess Earnings" for any period of time means the sum of (A) the excess of -- ( I ) the aggregate amount earned from the date of issue of the Bonds on all "Nonpurpose Investments" (including gains on the disposition BD9745 (PE) 23 elk of such obligations) in which Gross Proceeds of the Bonds are invested (other than amounts attributable to an excess described in this subparagraph (iv) ( I ) ) , over ( II ) the amount that would have been earned during such period of time if the yield on such Nonpurpose Investments had been equal to the yield on the Bonds, plus (B) any income during such period of time attributable to the excess described in subparagraph (iv) (A) above. "Excess Earnings" will not include amounts which need not be taken into account under the special rules of Section 148 of the Code or any successor thereof relating to bona fide debt service funds. The term "Nonpurpose Investments" shall have the meaning prescribed by Section 148 of the Code or any successor thereof and shall be applied in the manner prescribed in such section. (v) The Issuer shall make the payments to the United States required in this subsection in installments. The first payment shall be made no later than 29 days after the fifth anniversary of the date of issuance of the Bonds and the payment of each subsequent installment (except the last installment) shall be made not later than five years after the preceding payment was due. Each installment (except the last installment) shall be in an amount which, when added to all prior installments, is not less than 90% of the Excess Earnings computed as of the anniversary of the date of issuance of the Bonds nearest to the date of payment. Payment of the last installment shall be made not later than 60 days after the date on which the last Bond has been discharged, in an amount which, when added to all prior installments, equals 100% of the Excess Earnings determined as of the payment date of the last installment. Each payment shall be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255, accompanied by a statement summarizing the Issuer' s determination of the amount required to be paid BD9745 (PF) 24 to the United States together with a copy of the Form 8038-G filed with respect to the Bonds. (vi ) The City Treasurer will keep and retain or cause to be kept and retained, until the date six years after the retirement of the last Bond, adequate records with respect to the Bonds and the investment and expenditure of Gross Proceeds thereof to comply with the aforementioned arbitrage rebate requirements, including without limitation a complete list of all investments and reinvestments of Gross Proceeds of the Bonds including (A) purchase price, (B) purchase date, (C) type of security or investment, (D) accrued interest paid (if any) , (E) interest rate (if applicable) , (F) dated date ( if applicable) , (G) principal amount, (H) date of maturity, ( I ) interest payment dates (if applicable) , (J) date of liquidation, (K) amounts received upon liquidation, and (L) the market value of such security or investment on the date it became Gross Proceeds of the Bonds and on the date of the retirement of the last Bond if then held by the Issuer. (d) The Issuer hereby covenants and agrees that it will not enter into any transaction or cause any transaction to be entered into with respect to the investment of Gross Proceeds of the Bonds, or otherwise, which reduces the amount which may be required to be paid to the United States pursuant to the arbitrage rebate requirements specified hereinabove, because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm' s length and had the yield on the Bonds not been relevant to either party. (e) The Issuer further covenants and agrees to and for the benefit of the Bondholders that the Issuer ( i ) will not take any action that would cause interest on the Bonds to become subject to federal income taxation, ( ii ) will not omit to take or cause to be taken, in timely manner, any action, which omission would cause the interest on the Bonds to become subject to federal income taxation, and ( iii ) will, to the extent possible , comply with any other requirements of federal tax law applicable to the Bonds in order to preserve the exemption from federal income taxation of interest on the Bonds 4. 12 . Nondesiqnation of Bonds. The Issuer has not designated the Bonds, and the Bonds are not qualified, as qualified tax-exempt obligations under Section 265(b) (3 ) of the Code , relating to the deductibility of a financial institution' s interest expenses allocable to tax-exempt interest. BD9745 (PF) 25 4. 13 . Investment of Funds. Moneys deposited in the Guaranty Fund may be invested in Qualified Investments. Moneys deposited in the Special Assessment Fund may be invested in 'Qualified Investments or in Tax-Exempt Obligations; provided, however, that any amount in the Special Assessment Fund which exceeds the sum of (i) the Special Assessment Fund Matching Amount, plus (ii) the excess, if any, of (A) the Unrestricted Portion of Bond Proceeds, over (B) the Allocable Portion of the Guaranty Fund (as a result, for example, of prepayment of assessment installments) , shall be invested at a yield not to exceed the yield on the Bonds or in Tax-Exempt Obligations. BD9745 (Pr) 26 • ARTICLE V FORM OF BONDS 5 .01 Form of Bonds . Each fully registered Bond shall be, respectively, in substantially the following form, with such insertions or variations as to any redemption or amortization _ provisions and such other insertions or omissions, endorsements and variations as may be required: • BD9745 (PF) 27 [FORM OF BOND] Registered Registered UNITED STATES OF AMERICA STATE OF UTAH SALT LAKE CITY SALT LAKE COUNTY, UTAH $913,000 _ SPECIAL ASSESSMENT BOND, SERIES 1990 SPECIAL IMPROVEMENT DISTRICT NO. 38-830 Number R- $ ORIGINAL INTEREST MATURITY ISSUE RATE: DATE: DATE: CUSIP: June 15, 1990 Registered Owner: Principal Amount: DOLLARS Salt Lake City, Salt- Lake County, Utah (the "Issuer" ) , a duly organized and existing political subdivision of the State of Utah, acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, or registered assigns, on the Maturity Date identified above, upon presentation and surrender hereof, the Principal Amount identified above, and to pay the Registered Owner hereof interest on the balance of said Principal Amount from time to time remaining unpaid specified below at the interest rate per annum (calculated on the basis of a year of 360 days and twelve 30-day months) identified above (the "Interest Rate" ) , payable on December 1, 1990, and thereafter in each year on each June 1 and December 1 , until payment in full of said Principal Amount. Interest on this Bond shall accrue from the interest payment date next preceding the date on which it is authenticated, unless (a) it is authenticated before the first interest payment date following the initial SD9745 (PE) 28 delivery of Bonds, in which case interest shall accrue from the Original Issue Date identified above, or (b) if this Bond is authenticated on an interest payment date, in which case interest shall accrue from such interest payment date; provided that if at the time of authentication of this Bond, interest is in default, interest shall accrue from the date to which interest has been paid. Principal of and premium, if any, on this Bond shall be payable at the principal corporate trust office of Zions First National Bank, Salt Lake City, Utah, as 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; and payment of the annual 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 Bond Registrar' s close of business on the fifteenth day immediately preceding each interest payment date at the address of such Registered Owner as it appears on the registration books kept by the hereinafter defined Bond Registrar, or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar as provided in the hereinafter defined Bond Resolution. This Bond is one of the Special Assessment Bonds, Series 1990 of the Issuer (the "Bonds" ) limited to the aggregate principal amount of $913 , 000 issued under and by virtue of the Utah Municipal Improvement District Act, Chapter 16, Title 10, Utah Code Annotated 1953 , as amended (the "Act" ) , and under and pursuant to a resolution of the Issuer adopted on June 12 , 1990 (the "Bond Resolution" ) , for the purpose of (a) paying the costs of constructing improvements consisting of the removal , replacement or reconstruction of curb, gutter and defective sidewalk, driveways, driveway approaches and appurtenances; underground vault work; installation of lighting fixtures, tree grates, street landscaping, underground sprinkling systems, utility relocation, underground wiring, conduit and junction boxes to existing poles with and without increase in street lighting power and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner (the "Improvements" ) , and (b) retiring any outstanding interim warrants, and (c) paying issuance expenses incurred in connection with the issuance of the Bonds. Zions First National Bank is the initial bond registrar and paying agent with respect to the Bonds. Said bond registrar and paying agent, together with any successor bond registrar or paying agent, respectively, is referred to herein as the "Bond Registrar" and the "Paying Agent" . 9D9745 (PE) 29 Payment of this Bond and the interest thereon shall be made from, and as security for such payment there is pledged the Special Assessment Fund of Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 Special Improvement District No. 38-830 (the "District" ) , containing the receipts derived by the Issuer from the regular assessments levied upon the property included in the District by the Assessment Ordinance adopted by the_ Issuer, which ordinance became effective on April 20, 1990 (the "Assessment Ordinance" ) , for the purpose of paying the costs of the Improvements under, by virtue of, and in full conformity with the Constitution and laws of the State of Utah and certain ordinances and resolutions of the Issuer duly passed and made law thereof prior to the issuance hereof. The Bonds are callable for redemption prior to maturity at the election of the Issuer on December 1, 1997, or on any interest payment date thereafter, in whole or in part, in inverse order of maturity and by lot within each maturity, at a redemption price of 101% of the principal amount of Bonds to be redeemed, plus accrued interest to the date of redemption. Notice of redemption shall be given by the Bond Registrar by registered mail not less than thirty (30) days prior to the redemption date, to the Registered Owner of each Bond which is subject to redemption, at the address of such Registered Owner as it appears on the registration books kept by the Bond Registrar, or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar, all as provided in the Bond Resolution. If notice of redemption shall have been given as aforesaid, the Bonds or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for the payment of the redemption price of all the Bonds to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, then from and after the redemption date interest on such Bonds shall cease to accrue and become payable. It is hereby certified that a Special Improvement Guaranty Fund has been created by ordinance as authorized by Utah statutes, and the Issuer agrees that at all times during the life of this Bond and until payment thereof in full, said fund shall be at all times maintained as required by ordinance. This Bond is not a general obligation of the Issuer but is payable exclusively out of said Special BD9745 (Ps) 30 Assessment Fund and said Special Improvement Guaranty Fund. The Issuer shall not be held liable for the payment of this Bond, except to the extent of the Funds created and received by said regular assessments and to the extent of its Special Improvement Guaranty Fund; but the Issuer shall be held responsible for the lawful levy of all regular assessments, for the creation and maintenance of the Special Improvement Guaranty Fund as provided by law, and for the faithful accounting, collection, settlement and payment of the assessments and for the moneys of said fund. The special assessments made and levied pursuant to the Assessment Ordinance, with accruing interest thereon, and the cost of collection of the assessments constitute a lien upon and against the property upon which such assessments were made and levied from and after April 20, 1990, the date upon which the Assessment Ordinance became effective, which lien is superior to the lien of any trust deed, mortgage, mechanic ' s or materialman' s lien or other encumbrance. Said lien is equal to and on a parity with the lien for general property taxes and shall continue until the assessments and interest thereon are paid, notwithstanding any sale of the property for or on account of a general property tax, regular tax, other assessment or the issuance of an auditor' s deed. This Bond is transferable, as provided in the Bond Resolution, only upon the books of the Issuer kept for that purpose at the principal office of the Bond Registrar, by the Registered Owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the Registered Owner or such duly authorized attorney, and thereupon the Issuer shall issue in the name of the transferee a new registered Bond or Bonds of authorized denominations of the same aggregate principal amount, series, designation, maturity and interest rate as the surrendered Bond, all as provided in the Bond Resolution and upon the payment of the charges therein prescribed. No transfer of this Bond shall be effective until entered on the registration books kept by the Bond Registrar. The Issuer, the Bond Registrar and the Paying Agent may treat and consider the person in whose name this Bond is registered on the registration books kept by the Bond Registrar 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, and neither the Issuer, nor the Bond Registrar nor the Paying Agent shall be affected by any notice to the contrary. BD9745 (PF) 31 I011110 The Bonds are issuable solely in the form of registered Bonds without coupons in the denomination of $1,000 or any integral multiples thereof. Except as' otherwise provided herein and unless the context clearly indicates otherwise, words and phrases used herein shall have the same meanings as such words and phrases in the Bond Resolution. 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 Act and all other laws applicable thereto. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of Utah and by the Act and the Bond Resolution to exist, to have happened or to have been performed precedent to or in connection with 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 Issuer, is within every debt and other limit prescribed by said Constitution and statutes, and that the aggregate amount of special assessment bonds of the Issuer for the District, including this Bond, does not exceed the amount authorized by law nor the special assessment levied to cover the cost of improvements in the District, and that all of said special assessment has been lawfully levied. This Bond shall not be valid until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. 8D9745 (PE) 32 IN WITNESS WHEREOF, THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH, has caused this Bond to be signed in its name and on its behalf by its Mayor and attested by its City Recorder (the signatures of said Mayor and City Recorder being by facsimile or manual signature) , and has caused the facsimile of its corporate seal to be impressed or printed hereon, and said officials by the execution hereof to adopt as and for their own proper signatures their facsimile signatures appearing on each of the Bonds . (Do Not Sign) Mayor ATTEST: (Do Not Sign) City Recorder [ S E A L ] BD9745 (Ps) 33 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Bond Resolution and is one of the Salt Lake City, Salt Lake County, Utah Special Assessment Bonds, Series 1990 Special Improvement District No. 38-830. ZIONS FIRST NATIONAL BANK as Bond Registrar By Authorized Officer Date of authentication: * * * * * * 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 TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act _ (State) Additional abbreviations may also be used though not in the above list. SD9745 (PF) 34 • ASSIGNMENT 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 and hereby irrevocably constitutes and appoints attorney to register the transfer of said Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature: _ SIGNATURE GUARANTEED: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of NOTICE: Signature( s) must be the within Bond in every guaranteed by a member firm particular , without of the New York Stock alteration or enlargement or Exchange or a commercial any change whatever. bank or trust company. BD9745 (PE) 35 MISCELLANEOUS 6.01 Ratification. All proceedings, resolutions and actions of the Issuer and its officers taken in connection with the sale and issuance of the Bonds are hereby ratified, confirmed and approved. 6. 02 Severability. It is hereby declared that all parts of this Bond Resolution are severable, and if any section, paragraph, clause or provision of this Bond Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this Bond Resolution. 6.03 Conflict. All resolutions, orders and regulations or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this Bond Resolution are, to the extent of such conflict, hereby repealed. 6. 04 Captions. The table of contents or headings herein are for convenience of reference only and in no way define, limit or describe the scope or intent of any provisions or sections of this Bond Resolution. 6.05 Effective Date. This Bond Resolution shall take effect immediately. ADOPTED AND APPROVED this 12th day of June, 1990. Chair ATTEST: City Recorder [ S E A L ] BD9745 (ph-) 36 (Other business not pertinent to the foregoing appears in the minutes of the meeting. ) The meeting was then adjourned. Chair ATTEST: City Recorder ( S E A L ) 8D9745 (Pr) 37 • PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the 12th day of June, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this 12th day of June, 1990. Palmer A. DePaulis Mayor ED9745 (PE) 38 STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, do hereby certify that I am the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah (the "Issuer" ) . I further certify that the above and foregoing is a true and correct copy of the minutes of a meeting of the City Council held on June 12, 1990, including a resolution adopted at said meeting as said minutes and resolution are officially of record and in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of the Issuer this 12th day of June, 1990. City Recorder ( S E A L ) BD9745 (PF) 39 I r 4 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Utah (the "Issuer" ) , do hereby certify, according to the records of the Issuer in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the June 12, 1990 public meeting held by the Issuer as follows : 1 . By causing a Notice in the form attached hereto as Schedule "A", to be posted at the Issuer" s offices at 451 South State Street, Salt Lake City, Utah on June 9, 1989, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and 2 . By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on June _, 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD9745 (PF) 40 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 12th day of June, 1990 . City Recorder ( S E A L ) Bt9745 (PF) 41 1 EXHIBIT_ "B" Form of Bond Purchase Agreement (See Transcript Document No. ) HD9745 (Pr) 42 EXHIBIT "C" Official Statement ( See Transcript Document No. ) BD9745 (PF) 43 ) BD9742 (PF) $913 ,000 SALT LAKE CITY, SALT LAKE COUNTY, UTAH SPECIAL ASSESSMENT BONDS SERIES 1990 SPECIAL IMPROVEMENT DISTRICT NO. 38-830 BOND PURCHASE AGREEMENT June 12, 1990 Salt Lake City City and County Building 451 South State Street Salt Lake City, UT 84111 On the basis of the representations and covenants contained herein and subject to the terms and conditions herein set forth, the undersigned, First Security Bank of Utah, N.A. (the "Underwriter" ) , hereby agrees to purchase from Salt Lake City $913, 000 in aggregate principal amount Special Assessment Bonds, Series 1990 (the "Bonds" ) with respect to Special Improvement District No. 38-830 (the "District" ) , and Salt Lake City agrees to sell and deliver to the Underwriter the Bonds to be issued under and pursuant to a resolution adopted by the City Council of Salt Lake City on June 12 , 1990 (the "Resolution" ) containing final provisions for the pricing and terms of the Bonds . Exhibit "A" , which is incorporated by reference into this Bond Purchase Agreement, contains a brief description of the Bonds, the manner of their issuance, the purchase price to be paid and the date of delivery and payment (the "Closing" ) . SECTION 1 . Representations, Warranties and Agreements of Salt Lake City. By acceptance hereof Salt Lake City hereby represents and warrants to, and agrees with, the Underwriter that: (a) Salt Lake City, Salt Lake County, Utah (the "City" ) is authorized to act for the purpose of exercising the powers contained in Chapter 16 of Title 10, Utah Code Annotated 1953 , as amended (referred to herein as the "Act" ) and the City is authorized by the provisions of the Act to issue the Bonds. (b) The City has full power and authority to consummate all transactions contemplated by this Bond r Purchase Agreement, the Bonds, and any and all other agreements relating thereto. (c) The information contained in the final Official Statement that may be authorized for use by the City with respect to the Bonds (the "Official Statement" ) , is, and as of the Closing Time (hereinafter defined) will be true and does not contain any untrue statement of a material fact and does not omit and will not omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (d) Upon the adoption of the Resolution, the City will have duly authorized all necessary action to be taken by the City for: (1) the issuance and sale of the Bonds upon the terms set forth herein and in the Official Statement; (2 ) the appointment of Zions First National Bank, as Registrar and Paying Agent; (3 ) the approval and the execution of the final Official Statement; (4) the execution, delivery, receipt and due performance of this Bond Purchase Agreement, the Bonds, and any and all such other agreements and documents as may be required to be executed, delivered and received by the City in order to carry out, give effect to and consummate the transactions contemplated hereby and by the Official Statement; and (5) the carrying out, giving effect to and consummation of the transactions contemplated hereby and by the Official Statement. Executed counterparts of the Resolution and signed copies of the Official Statement will be delivered to the Underwriter by the City at the Closing Time. (e) There is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court, public board or body pending or, to the best of its knowledge, threatened against or affecting the City (or to its knowledge any basis therefor) , wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated hereby or by the Official Statement or the validity of the Bonds, this Bond Purchase Agreement or any agreement or instrument to which the City is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or by the Official Statement. B179742 (Pr) 2 ( f) The execution and delivery of the Official Statement, this Bond Purchase Agreement, the Bonds, the Resolution and the other agreements contemplated hereby and by the Official Statement, and compliance with the provisions thereof, will not conflict with or constitute on the part of the City a breach of or a default under any existing law, court or administrative regulation, decree or order or any agreement, indenture, mortgage, lease or other instrument to which the City is subject or by which the City is or may be bound. (g) The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer whose arbitrage certifications may not be relied upon. (h) Any certificate signed by any officers of the City duly authorized to execute documents regarding the issuance of the Bonds and delivered to the Underwriter shall be deemed a representation and warranty by the City to the Underwriter as to the statements made therein. SECTION 1 . 1 . Purchase, Sale and Delivery of the Bonds. On the basis of the representations, warranties and covenants contained herein, and subject to the terms and conditions herein set forth, at the Closing Time (hereinafter defined) the Underwriter agrees to purchase from the City and the City agrees to sell to the Underwriter the Bonds at a purchase price equal to % of par, plus accrued interest from the date of the Bonds to the date of payment and delivery. The Bonds shall be issued under and secured, shall mature and bear interest and shall be subject to redemption as set forth in the Resolution. Payment for the Bonds shall be made by certified or official bank check or draft in immediately available federal funds payable to the order of Salt Lake City Corporation for its account, at the offices of Ballard, Spahr, Andrews & Ingersoll , at p.m. , on or about June 26, 1990, or such other place, time or date as shall be mutually agreed upon by the City and the Underwriter. The date of such delivery and payment is herein called the "Closing Date" , and the hour and date of such delivery and payment is herein called the "Closing Time" . The delivery of the Bonds shall be made in definitive form (provided neither the printing of a wrong number on any Bond nor the failure to print a number thereon shall constitute cause to refuse delivery of any Bond) and shall be made in fully registered form (in such denominations as the Underwriter shall specify in writing at least S119747 (PF) 3 forty-eight (48) hours prior to the Closing Time) . The Bonds shall be available for examination and packaging by the Underwriter at least twenty-four (24) hours prior to the Closing Time. • SECTION 2 . Conditions to the Underwriter's Obligations. The Underwriter' s obligations hereunder shall be subject to the due performance by the City of its obligations and agreements to be performed hereunder at or prior to the Closing Time and to the accuracy of and compliance with the City' s representations and warranties contained herein, as of the date hereof and as of the Closing Time, and are also subject to the following conditions: (a) The Bonds and the Resolution shall have been duly authorized, executed and delivered in the form approved by the Underwriter, together with an opinion of counsel of the City that (i ) the City is a lawfully created municipality of the State of Utah; (ii ) the Bonds, the Resolution and this Bond Purchase Agreement have been duly authorized, executed and delivered by the City; and (iii) said documents constitute valid and legally binding obligations of the City enforceable against the City. (b) At the Closing Time, the Underwriter shall receive: (1) The opinion dated the Closing Date of Ballard, Spahr, Andrews & Ingersoll, Bond Counsel, relating to the valid authorization and issuance of the Bonds, the tax-exempt status of the Bonds and certain other matters; (2) A certificate, satisfactory to the Underwriter, of the Mayor of the City or of any other duly authorized officers satisfactory to the Underwriter, dated as of the Closing Date, to the effect that: (i) the City has duly performed all of its obligations to be performed at or prior to the Closing Time and that each of the representations and warranties contained herein is true as of the Closing Time; (ii) the City has authorized, by all necessary action, the execution, delivery, receipt and due performance of the Bonds, this Bond Purchase Agreement, any and all such other agreements and documents as may be required to be executed, delivered and received by the City to carry out, give effect to and consummate the transactions contemplated hereby and by the Official BD9742 (PF) 4 Statement; (iii ) no litigation is pending, or, to the Mayor' s knowledge, threatened, to refrain or enjoin the issuance or sale of the Bonds or in any way affecting any authority for or the validity of the Bonds, the Resolution or the City' s existence or powers or the City' s right to use the proceeds of the Bonds as contemplated; and (iv) the execution, delivery, receipt and due performance of the Bonds, the Resolution and the other agreements contemplated hereby and by the Official Statement under the circumstances contemplated hereby and thereby and compliance with the provisions thereof will not conflict with or constitute on the part of the City a breach of or a default under any court decree or order or any agreement, indenture, lease or other instrument or, to its knowledge, any existing law or administrative regulation, decree or order to which the City is subject or by which it is or may be bound; and (3 ) Such additional certificates and other documents as the Underwriter may reasonably request to evidence performance of or compliance with the provisions hereof and the transactions contemplated hereby and by the Official Statement, all such certificates and other documents to be satisfactory in substance to the Underwriter. SECTION 3 . Underwriter' s Right to Cancel . The Underwriter shall have the right to cancel its obligations hereunder to purchase the Bonds ( such cancellation shall not constitute a default hereunder) by notifying the City in writing or by telegram of its election so to do between the date hereof and the Closing Time, if any time hereafter and prior to the Closing Time: (a) A tentative decision with respect to legislation shall be reached by a committee of the House of Representatives or the Senate of the Congress of the United States of America, or legislation shall be favorably reported by such a committee or be introduced, by amendment or otherwise, in, or be passed by, the House of Representatives or the Senate, or recommended to the Congress of the United States of America, or be enacted by the Congress of the United States of America, or a decision by a court established under Article III of the Constitution of the United States of America, or the Tax Court of the United States of America, shall be rendered, or a ruling, regulation or order of the Treasury Department of the United States of America or the BD9742 (PF) 5 4 Internal Revenue Service shall have occurred which results in the imposition of federal income taxation, upon revenues or other income of the general character to be derived by the City or by any similar body or upon interest received on obligations of the general character of the Bonds, or the Bonds, which, in the Underwriter' s opinion, materially adversely affects the market price of the Bonds; (b) Any legislation, ordinance, rule or regulation shall be introduced in or be enacted by any governmental body, department or agency in the State of Utah (the "State" ) , or a decision by any court of competent jurisdiction within the State shall be rendered which, in the Underwriter's opinion, materially adversely affects the market price of the Bonds ; (c) A stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all the underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of any provision of the federal securities laws, the Securities Act of 1933 , as amended and as then in effect, or the registration provisions of the Securities Exchange Act of 1934, as amended and as then in effect, or the qualification provisions of the Trust Indenture Act of 1939, as amended and as then in effect; (d) Legislation shall be enacted by the Congress of the United States of America, or a decision by a court of the United States of America shall be rendered, to the effect that obligations of the general character of the Bonds, or the Bonds, including all the underlying obligations, are not exempt from registration under or from other requirements of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or that the Resolution is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended and as then in effect; (e) Any event shall have occurred, or information become known, which, in the Underwriter's opinion, makes untrue in any material respect any statement or U 809742 (PE) 6 information contained in the Official Statement or the Appendices thereto, or has the effect that the Official Statement or the Appendices thereto as originally circulated contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; (f) Additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; (g) Any national securities exchange, or any governmental authority, shall impose, as to the Bonds or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the change to the net capital requirements of, the Underwriter; (h) A general banking moratorium shall have been established by federal, New York or Utah' s authorities; (i ) A war involving the United States of America shall have been declared, or any conflict involving the armed forces of the United States of America shall have escalated, or any other national emergency related to the effective operation of government or the financial community shall have occurred, which, in the Underwriter' s opinion, materially adversely affects the market price of the Bonds. SECTION 4. Payment of Expenses. The City will pay the cost of the fees and disbursements of counsel to the Issuer, of Bond Counsel and of the Financial Advisor, the cost of preparing and printing the Bonds, the cost of preparing and printing the Official Statement and any supplements thereto, the cost of obtaining any ratings, if a rating is sought, on the Bonds, including any rating agency fees, and the fees of the Registrar and Paying Agent for the Bonds. The Underwriter will pay all other costs of the offering. The obligation of the Underwriter to pay the above described expenses shall survive the termination of this Bond Purchase Agreement or the failure to consummate the transaction described herein. BD9742 (PF) 7 ♦ SECTION 5. Conditions of Obligations. Obligations of the City hereunder are subject to the Underwriter' s performance of their obligations hereunder. SECTION 6. Representations, Warranties and Agreements to Survive Delivery. All of the representations, warranties and agreements of the City shall remain operative and in full force and effect, regardless of any investigations made by the Underwriter on its behalf, and shall survive delivery of the Bonds to the Underwriter. SECTION 7 . Use of Official Statement. The Underwriter' s authority to use the Official Statement in connection with the sale of the Bonds is hereby ratified and a sufficient number of copies of the Official Statement will be made available to the Underwriter. SECTION 8. Notice. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by mailing or delivering the same in writing to Salt Lake City Corporation, City and County Building, 451 South State Street, Salt Lake City. Utah 84111, Attention: Mayor, and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to First Security Bank of Utah, N.A. , 79 South Main, Salt Lake City, Utah 84111 . SECTION 9 . Applicable Law: Nonassignability. This Bond Purchase Agreement shall be governed by the laws of the State of Utah. This Bond Purchase Agreement shall not be assignable. BD9742 (PP) 8 SECTION 10. Amendments: Execution of Counterparts. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Very truly yours, FIRST SECURITY BANK OF UTAH, N.A. By: Terry G. Rock Vice President Accepted as of date first above written: SALT LAKE CITY, SALT LAKE COUNTY, UTAH By Mayor Attest: City Recorder ( S E A L ) BD9742 (PF) 9 Exhibit "A" DESCRIPTION OF BONDS a. Purchase Price: $913 ,000 plus accrued interest, if any, from June 15, 1990, to date of Closing in federal funds. b. Denomination: $1, 000 or any integral multiple thereof. c. Form: Fully Registered Bonds, without coupons. d. Semiannual Interest Payable: December 1 and June 1 of each year, commencing December 1, 1990. e. Maturity Schedule: December 1 of each year as follows: Interest Reoffering Year Amount Rate Yield 1990 $ 91,000 1991 91,000 1992 91, 000 1993 91,000 1994 91,000 1995 91,000 1996 91, 000 1997 92 ,000 1998 92 ,000 1999 92, 000 f. Redemption: Bonds maturing on or after December 1, 1997 to be redeemable at the election of the Issuer on any interest payment date on or after December 1, 1997 at the redemption price of 101%. g. Reoffering Production: $ h. Anticipated Closing Date: June 25, 1990 BD9742 (P£) 10 N1 _ r7 SALT LAKE CITY ORDINANCE No. of 1990 (Increasing Business Revenue License Fees ) AN ORDINANCE AMENDING SECTION 5 .04 .070 .A. , OF THE SALT LAKE CITY CODE, RELATING TO BUSINESS REVENUE LICENSE FEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . The Section 5 . 04 .070 .A. of the Salt Lake City Code, relating to business revenue license fees, be, and the same hereby is, amended to read as follows: 5.04.070 License fees levied. A. Fees for Businesses Located in the City. There is hereby levied upon the business of every person engaged in business in the city at a place of business within the city, an annual license fee of [oixty] seventy dollars per place of business, plus an additional fee of six dollars for each and every employee, exceeding one, engaged in the operation of said business, based upon the number of employees defined in Section 5 . 04 . 010 or its successor. SECTION 2 . This Ordinance shall take effect the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed. By MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990 . Published: LVS:ap -2- f-- D ! Af SALT LAKE CITY ORDINANCE No. of 1990 (Animal Impound Fee For Voluntary Relinquishment) AN ORDINANCE ENACTING SECTION 8 . 04 . 352, SALT LAKE CITY CODE, RELATING TO THE IMPOSITION OF AN IMPOUND FEE FOR VOLUNTARY RELINQUISHMENT OF DOGS AND CATS BY THE OWNER THEREOF TO THE ANIMAL CONTROL FACILITY. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 8 . 04, Salt Lake City Code be amended by adding a new Section 8 . 04 . 352 thereto pertaining to impound fees for voluntary relinquishment of dogs and cats by the owner thereof to the Animal Control Facility, to read as follows : Section 8.04.352 Impound Fees For Voluntary Relinquishment By Owner. Whenever any dog or cat is voluntarily relinquished by the owner thereof to the Animal Control Facility for destruction or other disposition as provided by Section 8 . 04 . 340 A of this chapter, or its successor section, a fee shall be paid by said owner of $10 . 00 for each dog and/or for each litter of dogs and $5 . 00 for each cat and/or for each litter of cats so relinquished. Section 2. EFFECTIVE DATE. This Ordinance shall become effective on the date of its first publication. l Passed by the City Council Salt Lake City, Utah this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved. Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990 . Published: LVS:ap -2- ii! T [7-(1 RECE. SALT LAKE CITY ORDINANCE -No. of 1990 MAY ] 5 199O (Payment in lieu of taxes for City MAYOR'S OFFICE property assets used by the water, sewer and garbage enterprise funds . ) ----------AN ORDINANCE ENACTING SECTIONS 3 .40 . 010, 3 .40 .020 AND 3 .40 . 030 OF THE SALT LAKE CITY CODE, RELATING TO PAYMENT IN LIEU OF TAXES FOR CITY PROPERTY ASSETS USED BY THE WATER, SEWER AND GARBAGE ENTERPRISE FUNDS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Sections 3 .40 .010, 3 .40.020 and 3 . 40 . 030 of the Salt Lake City Code, relating to payment in lieu of taxes for city property assets used by the water, sewer and garbage enterprise funds, be, and the same hereby are, enacted as follows: 3.40.010 Short title. The ordinance codified in this title shall be known as the "enterprise fund payment in lieu of taxes ordinance of Salt Lake City. " 3.40.020 Purpose. The water, sewer and garbage functions of the City are operated as enterprise funds, and the city' s general fund receives no revenue from their use of city owned property. The city' s objective in enacting the ordinance codified in this section is to fairly and equitably charge an amount in lieu of taxes for each of said enterprise fund' s use of city 010 . x owned property, as if 'said enterprise funds were operated as private entities and were paying real and personal property taxes as private businesses. 3.40.030 Payment in lieu of taxes. There is hereby levied upon the city's water, sewer and garbage enterprise funds an annual payment in lieu of taxes based on the calculation of the value of assets within city limits held and used by each of said enterprise funds, using the income method of property evaluation. For fiscal year 1990-91, the payment in lieu of taxes for each fund shall be $116,000 for water, $271,000 for sewer and $11,000 for garbage, as suggested in the May 17, 1989 KPMG Peat Marwick Report to the Mayor and City Council on Charges For Services Between Funds . As also suggested by said study, for subsequent years, the payment in lieu of taxes shall be calculated using the income method of valuation for each said fund as follows: A. Net revenue shall be calculated by subtracting operating expenses from operating revenue. B. The asset value shall be calculated by dividing the net revenue by the capitalization rate of 9 .5%. C. The payment in lieu of taxes shall be calculated by multiplying the asset value by the City's property tax rate. D. The sums due the city's general fund hereunder for each fiscal year after 1990-91, shall be determined by the city's finance department following the city's -2- administrative policies and procedures and using audited financial data. Each said enterprise fund shall be notified of the PILOT due in the City' s annual budget, with payment due on or before December 30 of each year, beginning in 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RLM:cc -3- • SALT LAKE CITY ORDINANCE No. of 1990 (Amending subparagraph B and adding a new subparagraph G to Section 9 . 08 . 030 relating to Garbage pickup charges; changing the State Code reference in Section 9 . 08 .030E to reflect the current State law for Indigent Abatement of Taxes; and revising Section 9 . 08 . 070 relating to Refuse container specifications) AN ORDINANCE AMENDING SUBPARAGRAPH B. AND ADDING A NEW SUBPARAGRAPH G TO SECTION 9 . 08 . 030 RELATING TO GARBAGE PICKUP CHARGES; CHANGING THE STATE CODE REFERENCE IN SECTION 9 . 08 . 030E TO REFLECT THE CURRENT STATE LAW FOR INDIGENT ABATEMENT OF TAXES; AND REVISING SECTION 9 . 08 . 070 RELATING TO REFUSE CONTAINER SPECIFICATIONS, SALT LAKE CITY CODE. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Subparagraph B of Section 9 . 08 . 030 , Salt Lake City Code, relating to Garbage pickup charges, be, and the same hereby is , amended to read as follows : 9.08 . 030 Residential collections. * * * A. Owner Responsible for Charges. * * * B. Garbage and Trash Pickup Charges. Monthly charges for garbage pickup service and the annual trash pickup provided by the city, whether from a single family dwelling unit, duplex family dwelling unit, or from a triplex family dwelling unit or other units approved by the Director of Public Works , shall be six dollars and fifty cents per month for the first automated container. Five dollars and twenty five cents of such amount shall be for garbage pick up service and one dollar and twenty five cents for the City' s annual trash pickup [and Shall be bascd on the numbcr and type of dwelling writ from which garbage is collectcd as follows; ] . Additional automated containers can be obtained for five dollars and twenty-five cents each, plus a delivery fee of ten dollars each. [1. Single family-dwelling unit, four dollar3; 2. Duplea family dwelling unit, eight dollars; 3 riplex family -dwelling unit, twelve dollars; 4 . Additional garbagc ear for minimum of oix month3, cach, two dollars . ] C. Billing. * * * D. Deposits Required from Nonowners. * * * SECTION 2. That subsection E of Section 9 . 08 . 030, Salt Lake City Code, be, and the same hereby is, amended to read as follows : E. Abatement. Those owners, each year, granted indigent abatement for taxes on their dwelling by Salt Lake County under Section [59 . 7 .2;] 59-2-1106, et seq. , Utah Code Annotated, or its successor ordinance, shall be granted a fifty percent annual abatement of the above garbage pickup charges . F. Enterprise Fund. * * * SECTION 3. That a new subparagraph G to Section 9 . 08. 030, Salt Lake City Code, relating to Vacancies, be, and the same hereby is, added to read as follows : -2- G. Vacancies. In the event a residence being served is vacant and the owner is trying to sell it, or it is or will be vacant because of an extended vacation of the occupant, the owner may apply to the public works director in writing for termination of garbage service for a specified period. The city container( s ) will be picked up and returned pursuant to the owner' s request upon payment of a ten dollar service fee. If said service fee is paid, no garbage collection fee shall be charged during the period of vacancy. SECTION 4 . That Section 9 . 08 . 070, Salt Lake City Code, relating to Refuse container specifications, be, and the same hereby is , revised to read as follows : 9.08 .070 Refuse container specifications. A. This section shall apply only to collections made by the city or a private contractor working for the city. [Unleco owner, tenant, ies-sce er- eccupan-t e-f any residence. ] In the event any container that does not conform to the provisions of this section is set out for collection, the collector shall have the authority to deny collection services for such container. Any container not meeting the requirements of this section will be tagged by the collector, and shall not be used again, but shall promptly be replaced by the user thereof . B. Containers must meet the following specifications : [ 1 . Reusable Containers for Manual Collection. -3- a. Must be metal, plastic or rubber, tapered construction, equipped with suitable handles, tight fitting covers and be leakproof; b. Must be in geed condition and not have any ragged or sharp edges, er- any ether defect liable to esen eeileeting the contents thereof; c. Shall have a capacity of not more than thirty gallons and shall weigh not mere than seventy five pounds, including container and contents, when act out for collection; sible for normal wear and tear of containers nor for any damage or breakage to rubber- or plastic containers; c. The following shall not he considered reusable eontainora: C. I . ans, washtubs, cut down drums,cardboard canisters tickets zrsket`3 nd trash compactor buckets; ;and, if used, shall be tagged and if used again, shall be removed. 2 . Nonrcusable Cents for Manual Collection. a. Plastic bags must be two mil thick or greater, have a maximum capacity- of thirty gallons, and weigh net mere than fifty pounds when filled. However, if such plastic bags are us-cd only for leaves, such bags may be a minimum of 1 .5 mil in thickness; -4- b. I4a3teboard boxe3 mu3t have a maximum capacity of feur eu-bie feet, weigh not more than fifty pounds when filled, and be dry at the time of collection. Larger pastebeard bemes must be collapsed and tied in a bundle for disposal in accordance with 3ub3cction D3 below; c. Wooden boxes, barrels and other similar containers must have a maximum capacity of thirty gallons and weigh net mere then forty pounds when filled; d. Nonreu3able eontainers shall be considered contents . [ 3 . Noncontaincrised Item- (Bundles) for Manual Collection. a . Noncontaineriz-ed item3 must be securely tied in bundle3 which °hall net execcd eighteen inches in more than forty poundo . Empty boxe3 shall be ticd in bundles less than four feet square and weigh less than forty pounds . 4 . Automated Containers. 1 . [ ]Automated containers shall be made available by the city, and shall be made from durable plastic with a close fitting lid and shall be designed for collection by automated refuse collection vehicles . These containers -5- ti shall be of such durability that they will be warranted for a minimum of five years of normal use. 2. [ism-]Damage to such container caused by hot ashes, clinkers, hot oil or any other material or substance that cuts, melts or ignites the container or other materials shall be paid for by the owner. 3 . [e7 ]No rocks, dirt or concrete shall be placed in automated containers . 4 . [ei-]Residences using automated containers shall place all material to be collected within the container or containers No cans, boxes, barrels or bundled refuse other than that contained in the automated containers shall be collected. There is no limit on the number of automated containers that may be obtained form the city and then placed out for collection. 5 . [e ]The first automated container shall be supplied without charge. Other than the uniform refuse collection fee imposed to all eligible city residences, additional containers shall be supplied upon request at such additional charge as set forth elsewhere in this title. SECTION 5 . This ordinance shall take effect upon the date of its first publication. -6- Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No . OF 1990 Published: RLM:rc -7- D9AFT1 :A F Fi SALT LAKE CITY ORDINANCE . No. of 1990 (Shift responsibility for storm drainage Public Works to Public Utilities. ) AN ORDINANCE AMENDING SECTIONS 2.08.100 AND 2.08 .110 OF THE SALT LAKE CITY CODE, RELATING TO THE DEPARTMENT OF PUBLIC UTILITIES AND THE DEPARTMENT OF PUBLIC WORKS . Be it ordained by the City Council of Salt Lake City Utah: SECTION 1 . That Sections 2.08.100 and 2.08 .110 of the Salt Lake City Code, relating to the Department of Public Utilities and the Department of Public Works, be, and the same hereby is, amended as follows: 2.08.100 Department of Public Utilities. A. * * 1. * * * 2 . * * * 3 . The collection treatment, and disposal of all wastewater (sanitary sewage) , storm water and flood waters generated within the city [or its dcsignatcd scrvicc areas . ] including the facilities necessary therefor. B. * * * C. Enterprise Funds. The water and the sewer divisions of the department of public utilities shall be separate enterprise funds . The collection, accounting and expenditure of each shall be in accordance with existing Allik fiscal policies of the City. Storm sewer and flood control shall be part of and financed by the sewer enterprise fund until an ordinance can be prepared and enacted providing for fees for drainage and flood control service. 2.08.100 Department of public works. A. * * * 1. * * * 2. The operation and maintenance of streets, parkways, sidewalks, except storm sewers, storm water and flood water control, [drainways, ] traffic-control devices, street lighting and similar public ways and facilities; 3. * * * a , * * * 5 . Maintenance and repair of all ditches, flumes, culverts [and drains ] or irrigation systems operated within city streets or rights-of-way. B. City Engineer. * * * SECTION 2 . This ordinance shall take effect July 1, 1991 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON -2- ) 67:). ATTEST: CITY RECORDER • Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RLM:cc -3- • - /off KAREN SUZUKI-HASHIMOTO '+ti t�.r`awI Oat 'rlO.�.tj�r►.a.+sI NI PALMER DEPAULIS DIRECTOR MAYOR FRANK FRASER DEPARTMENT OF HUMAN RESOURCES DEPUTY DIRECTOR AND PATRICIA CAMPBELL, C.C.P. ADMINISTRATIVE SERVICES COMPENSATION 8 BENEFITS MANAGER 451 SOUTH STATE STREET, ROOM 404 BRENDA R. HANCOCK SALT LAKE CITY, UTAH 84111 TRAINING.EMPLOYMENT 8 COMPLIANCE MANAGER TELEPHONE (801) 535-7900 June 5 , 1990 TO: Alan Hardman, Chairperson Salt Lake City Council INg FROM: Karen Suzuki-Hashimo 440r - ector Department Human Resou ce & Administrative Services REGARDING: Ordinances adopting Compensation Plans for the 100, 200 , 300 , 400 and Executive employees I am attaching 16 copies of proposed ordinances, in legislative form, adopting the Compensation Plans for 100, 200, 300, 400 and Executive employees. The Department of Human Resource Management is developing the Compensation Plans, however , they are not at this time completed. Furthermore, the City is still in the process of negotiating contracts with the 100, 200 and 400 Series employees. I am submitting the proposed ordinances in order to ensure that the ordinances will be on the City Council agenda on or before June 12th. If you have any questions please feel free to contact me. Thank you. DRAFT oD- SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 2 .52 . 117 of the Salt Lake City Code relating to the Compensation Plan adopted-- 100 Series employees) AN ORDINANCE AMENDING SECTION 2.52. 117 OF THE SALT LAKE CITY CODE ADOPTING THE COMPENSATION PLAN FOR 100 SERIES EMPLOYEES EFFECTIVE COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. The purpose of this Ordinance is to adopt a Compensation Plan for 100 Series employees of Salt Lake City effective July 1, 1990 and ending June 30, 1991 . SECTION 2 . Section 2 .52. 117 of the Salt Lake City Code be, and is hereby amended as follows: 2.52.117. Compensation plan adopted--100 Series employees. A. The compensation plan for Salt Lake City Corporation 100 Series employees dated July 1, [1908] 1990, is [hereby] adopted as the official compensation plan for [ouch] said employees . Three copies of [ire] said plan, or any amendment thereto, shall be maintained in the city recorder' s office for public inspection. The provisions of [thc] said plan shall be effective under the terms thereof, commencing July 1, [1900] 1990 and ending June 30, [1909] 1991, except as they may be amended by the city council Ly resolution or ordinance, or upon approval of a memorandum of understanding between the city and the recognized employee bargaining unit. B. The plan [herein] adopted in this section, and any amendment or modification thereto, shall not apply to employees whose employment terminated prior to the effective date of the ordinance codified in this section, or to the adoption of any amendment or modification to the plan. SECTION 3 . This Ordinance shall be deemed effective on July 1, 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR -2- ATTEST: CITY RECORDER FMN:cc -3- SALT LAKE CITY ORDINANCE No. of 1990 (Amending Section 2 . 52 . 118 of the Salt Lake City Code relating to the Compensation Plan adopted-- 200 Series employees) AN ORDINANCE AMENDING SECTION 2 .52. 118 OF THE SALT LAKE CITY CODE ADOPTING THE COMPENSATION PLAN FOR 200 SERIES EMPLOYEES EFFECTIVE COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. The purpose of this Ordinance is to adopt a Compensation Plan for 200 Series employees of Salt Lake City effective July 1, 1990 and ending June 30, 1991 . SECTION 2 . Section 2 .52 . 118 of the Salt Lake City Code be, and is hereby amended as follows : 2.52.118. Compensation plan adopted--200 Series employees. A. The compensation plan for Salt Lake City Corporation 200 Series employees dated July 1, [1988] 1990, is [hereby] adopted as the official compensation plan for [ouch] said employees . Three copies of [the] said plan, or any amendment thereto, shall be maintained in the city recorder' s office for public inspection. The provisions of [thc] said plan shall be effective under the terms thereof, commencing July 1, [ 1908] 1990 and ending June 30 , [ 1909] 1991 , except as they may be amended by the city council resolution or ordinance, or upon approval of a memorandum of understanding between the city and the recognized employee bargaining unit. B. The plan [herein] adopted in this section, and any amendment or modification thereto, shall not apply to employees whose employment terminated prior to the effective date of the ordinance codified in this section, or to the adoption of any amendment or modification to the plan. SECTION 3 . This Ordinance shall be deemed effective on July 1 , 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR -2- ATTEST: CITY RECORDER FMN:cc -3- I:1 it Pa st SALT LAKE CITY ORDINANCE (/1 No.. of 1990 (Amending Section 2 .52. 115 of the Salt Lake City Code relating to the Compensation Plan adopted-- 400 Series employees ) AN ORDINANCE AMENDING SECTION 2.52 . 115 OF THE SALT LAKE CITY CODE ADOPTING THE COMPENSATION PLAN FOR 400 SERIES EMPLOYEES EFFECTIVE COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this Ordinance is to adopt a Compensation Plan for 400 Series employees of Salt Lake City effective July 1, 1990 and ending June 30, 1991 . SECTION 2. Section 2.52 . 115 of the Salt Lake City Code be, and is hereby amended as follows : 2.52.115. Compensation plan adopted--400 Series employees. A. The compensation plan for Salt Lake City Corporation 400 Series employees dated July 1, [ 1900 ] 1990, is adopted as the official compensation plan for said employees . Three copies of said plan, or any amendment thereto, shall be maintained in the city recorder' s office for public inspection. The provisions of said plan shall be effective under the terms thereof, commencing July 1, [ 1900] 1990 and ending June 30, [ 1989] 1991 , except as they may be amended by the city council by resolution or ordinance, or upon approval of a memorandum of understanding between the city and the recognized employee bargaining unit. B. The plan adopted in this section, and any amendment or modification thereto, shall not apply to employees whose employment terminated prior to the effective date of the ordinance codified in this section, or to the adoption of any amendment or modification to the plan. SECTION 3 . This Ordinance shall be deemed effective on July 1, 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR -2- ATTEST: CITY RECORDER FMN:cc -3- fT Motion Number ITEM F12 COMPENSATION PLAN - AFSCME - LOCAL 10014 - 100 SERIES I move that we adopt an ordinance amending Section 2.52. 117 of the Salt Lake City Code adopting the compensation plan for 100 Series employees effective July 1 , 1990 and ending June 30, 1991 except as the plan may be amended by the City Council , or upon approval of memorandum of understanding between the City and the recognized employee bargaining unit prior to June 30, 1990. ' 7) ITEM F13 COMPENSATION PLAN - AFSCME - LOCAL 1004 - 200 SERTF_S '; N I move that we adopt an ordinance amending Section 2.52. 118 of the Salt Lake City Code adopting the compensation plan for 200 Series employees effective July 1 , 1990 and ending June 30, 1991 except as the plan may be amended by the City Council , or upon approval of memorandum of understanding between the City and the recognized employee bargaining unit prior to June 30, 1990. V) ITEM F14 COMPENSATION PLAN - 400 SERIES I move that we adopt an ordinance amending Section 2.52. 115 of the Salt Lake Cit Code adopting the compensation plan for 400 Series employees effective July 1 , 1.1Q0 WO and ending June 30, 1991 except as the plan may be amended by the City Council, • - upon approval of memorandum of understanding between the City and the recognized employee bargaining unit prior to June 30, 1990. ITEM F15 COMPENSATION PLAN - 300 SERIES & EXECUTIVE I move that we adopt an ordinance amending Section 2.52.010 of the Salt Lake City Code as last amended by Bill No . 41 of 1989, relating to compensation of Salt Lake City Corporation officers and employees. ------------------------------------------- ---------------------------------------- * Legal/accounting requirement. COW Tentatively approved in Committee of the Whole. Other motions were discussed, but not supported by majority. 2 DRAFT SALT LAKE CITY ORDINANCE No. of 1990 (Salt Lake City Corporation Employee Compensation Plan) AN ORDINANCE AMENDING SECTION 2 . 52 . 010 OF THE SALT LAKE CITY CODE, AS LAST AMENDED BY BILL NO. 41 OF 1989 RELATING TO COMPENSATION OF SALT LAKE CITY CORPORATION OFFICERS AND EMPLOYEES . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 2 . 52 . 010 of the Salt Lake City Code, as last amended by Bill No. 41 of 1989 , be, and is hereby amended as follows : 2.52. 010. Compensation Program Adopted. A. The Compensation Administration Program for Salt Lake City Corporation [ (the "City" ) ) Employees, dated July 1, [ 1089 ) 1990, is hereby adopted as the official compensation plan for said employees (hereinafter referred to as the "Plan" ) . Three copies of said Plan or any amendment thereto shall be maintained in the City Recorder' s office for public inspection. The provisions of said Plan shall be effective under the terms thereof commencing July 1 , [ 1989 ) 1990 , except as they may be amended by the City Council or upon approval of Memoranda of Understanding between the City and recognized Employee Bargaining units . B. The Plan herein adopted and any amendment or modification thereto shall not apply to officers or employees whose employment terminated prior to publication of the ordinance codified in this chapter or to the adoption of any amendment or modification to the Plan. SECTION 2 . This Ordinance shall be deemed effective on July 1, 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER FMN:cc -2- /G SALT LAKE CITY ORDINANCE No. of 1990 (Adopting the budgets, including the budget for the Library Fund, and the employment staffing document of Salt Lake City, Utah for the fiscal year beginning July 1, 1990 and ending June 30, 1991 subject to the hearing required by Title 59; Chapter 2 of the Utah Code Annotated. ) AN ORDINANCE ADOPTING THE BUDGETS, INCLUDING THE BUDGET FOR THE LIBRARY FUND, AND THE EMPLOYMENT STAFFING DOCUMENT OF SALT LAKE CITY, UTAH FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND ENDING JUNE 30, 1991 SUBJECT TO THE HEARING REQUIRED BY TITLE 59, CHAPTER 2 OF THE UTAH CODE ANNOTATED. PREAMBLE Pursuant to the provisions of Section 10-6-111 of the Utah Code Annotated, the City Budget Officer prepared and filed with the City Council a tentative budget in proper form for all funds for which budgets are required by said law, including budgets for the general fund, the library fund, special revenue funds, debt service funds, and the capital improvement funds for fiscal year beginning July 1 , 1990 and ending June 30, 1991 . The budgets were accompanied by a budget message as required by law. The tentative budget, including the budget for the library fund, was submitted by the Mayor to the City Council on May 1, 1990 . The tentative budgets, together with all supporting schedules and data, have been available for public inspection in the Office of the City Recorder for at least 10 days . The City Council fixed the time and place for a public hearing to be held on May 15, 1990 to consider the adoption of the tentative budget, including the budget for the library fund, and ordered notice thereof be published as required by Section 10-6-113 of the Utah Code Annotated. Notice of said public hearing to consider the adoption of said tentative budget was published as required by law. The public hearing to consider adoption of said tentative budget was held on May 15, 1990, in accordance with said notice, at which hearing all interested parties were heard for and against the estimates of revenue and expenditures . Section 10-6-118 of the Utah Code Annotated requires that before the 22nd day of June of each fiscal year or, August 17, in case of a property tax increase under Sections 59-2-919 through 59-2-923 of the Utah Code Annotated, the governing body shall by resolution or ordinance adopt a budget for the ensuing fiscal year for each fund for which a budget is required. Section 2 .52 .020 of the Salt Lake City Code states in part that an employment staffing document shall be adopted as an element of the City' s annual budget, or otherwise, as the City Council may require. Three copies of such document have been filed for use and examination of the public in the Office of the City Recorder. -2- Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. Section 10-6-118 of the Utah Code Annotated requires that before the 22nd of June of each year or, August 17 , in case of a property tax increase under Sections 59-2-919 through 59-2-923, the governing body shall, by resolution or ordinance, adopt a budget for the ensuing fiscal year for each fund for which a budget is required. Section 2 . 52 . 020 of the Salt Lake City Code states that an employment staffing document shall be adopted as an element of the City's annual budget. All conditions precedent to the adoption of the budgets, including the budget for the Library Fund, which includes the employment staffing document, have been accomplished except a public hearing required by Sections 59-2-918, 59-2-919 and 59-2-923 of the Utah Code Annotated. The purpose of this ordinance is to adopt the budgets for the City including the budget for the Library Fund, for the fiscal year beginning July 1 , 1990 and ending June 30, 1991 which shall be subject to the hearing required by Sections 59-2-918, 59-2-919 and 59-2-923 of the Utah Code Annotated. SECTION 2 . ADOPTION OF BUDGETS. The budgets attached hereto and made a part of this Ordinance, be, and the same hereby are adopted as the budgets of the City for the fiscal year beginning July 1 , 1990 and ending June 30, 1991 , in accordance with requirements of Section 10-6-118 of the Utah -3- Code Annotated. These adopted budgets are subject to the approval of the Mayor and reconsideration of the City Council pursuant to Section 10-3-1012 of the Utah Code Annotated and to completion of any notice and hearing requirements mandated by Chapter 2, Title 59, of the Utah Code Annotated. SECTION 3 . EMPLOYMENT STAFFING. An employment staffing document, three copies of which are filed for use and examination in the Office of the City Recorder, is hereby adopted as an element of the budget, pursuant to Section 2 .52 . 020 of the Salt Lake City Code. SECTION 4 . FILING OF BUDGETS. The City Budget Officer is hereby authorized and directed to certify and file copies of said budgets with the State Auditor as required by Section 10-6-118 of the Utah Code Annotated. SECTION 5 . PUBLIC INSPECTION. The City Budget Officer is hereby authorized and directed to certify and file copies of said budgets in the office of said Budget Officer and in the Office of the City Recorder, which budgets shall be available for public inspection during regular business hours as required by Section 10-6-119 of the Utah Code Annotated. SECTION 6 . EFFECTIVE DATE. This Ordinance shall take effect on July 1 , 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . -4- CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER FMN:cc APPROVED AS TO FORM Salt Lake City Attomey's Office Date 7!0 B -5- T r SALT LAKE CITY ORDINANCE No. of 1990 (Adopting the final budgets, including the budget for the Library Fund, and the employment staffing document of Salt Lake City, Utah for the fiscal year beginning July 1, 1990 and ending June 30, 1991 AN ORDINANCE ADOPTING THE BUDGETS, INCLUDING THE BUDGET FOR THE LIBRARY FUND, AND THE EMPLOYMENT STAFFING DOCUMENT OF SALT LAKE CITY, UTAH FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND ENDING JUNE 30, 1991 . PREAMBLE Pursuant to the provisions of Section 10-6-111 of the Utah Code Annotated, the City Budget Officer prepared and filed with the City Council a tentative budget in proper form for all funds for which budgets are required by said law, including budgets for the general fund, the library fund, special revenue funds, debt service funds, and the capital improvement funds for fiscal year beginning July 1 , 1990 and ending June 30, 1991 . The budgets were accompanied by a budget message as required by law. The tentative budget, including the budget for the library fund, was submitted by the Mayor to the City Council on May 1, 1990 . The tentative budgets, together with all supporting schedules and data, have been available for public inspection in the Office of the City Recorder for at least 10 days . The City Council fixed the time and place for a public hearing to be held on May 15, 1990 to consider the adoption of the tentative budget, including the budget for the library fund, and ordered notice thereof be published as required by Section 10-6-113 of the Utah Code Annotated. Notice of said public hearing to consider the adoption of said tentative budget was published as required by law. The public hearing to consider adoption of said tentative budget was held on May 15, 1990, in accordance with said notice, at which hearing all interested parties were heard for and against the estimates of revenue and expenditures . Section 10-6-118 of the Utah Code Annotated requires that before the 22nd day of June of each fiscal year or, August 17 , in case of a property tax increase under Sections 59-2-919 through 59-2-923 of the Utah Code Annotated, the governing body shall by resolution or ordinance adopt a budget for the ensuing fiscal year for each fund for which a budget is required. Section 2 . 52 . 020 of the Salt Lake City Code states in part that an employment staffing document shall be adopted as an element of the City' s annual budget, or otherwise, as the City Council may require. Three copies of such document have been filed for use and examination of the public in the Office of the City Recorder. Be it ordained by the City Council of Salt Lake City, Utah: -2- SECTION 1 . PURPOSE. Section 10-6-118 of the Utah Code Annotated requires that before the 22nd of June of each year or, August 17, in case of a property tax increase under Sections 59-2-919 through 59-2-923, the governing body shall by resolution or ordinance adopt a budget for the ensuing fiscal year for each fund for which a budget is required. Section 2 . 52 . 020 of the Salt Lake City Code states that an employment staffing document shall be adopted as an element of the City's annual budget. The proposed tax levy does not exceed the certified tax rate and therefore, the City is not required to hold a public hearing pursuant to Chapter 2, Title 59, of the Utah Code Annotated. All conditions precedent to the adoption of the final budgets, including the budget for the Library Fund, which includes the employment staffing document, have been accomplished. The purpose of this ordinance is to adopt the final budgets for the City including the budget for the Library Fund, for the fiscal year beginning July 1, 1990 and ending June 30, 1991 . SECTION 2 . ADOPTION OF BUDGETS. The budgets attached hereto and made a part of this Ordinance, be, and the same hereby are adopted as the final budgets of the City for the fiscal year beginning July 1, 1990 and ending June 30, 1991, in accordance with requirements of Section 10-6-118 of the Utah Code Annotated. These adopted final budgets are subject to the approval of the Mayor and reconsideration of the City Council pursuant to Section 10-3-1012 of the Utah Code Annotated. -3- SECTION 3 . EMPLOYMENT STAFFING. An employment staffing document, three copies of which are filed for use and examination in the Office of the City Recorder, is hereby adopted as an element of the budget, pursuant to Section 2 .52 . 020 of the Salt Lake City Code. SECTION 4 . FILING OF BUDGETS. The City Budget Officer is hereby authorized and directed to certify and file copies of said budgets with the State Auditor as required by Section 10-6-118 of the Utah Code Annotated. SECTION 5 . PUBLIC INSPECTION. The City Budget Officer is hereby authorized and directed to certify and file copies of said budgets in the office of said Budget Officer and in the Office of the City Recorder, which budgets shall be available for public inspection during regular business hours as required by Section 10-6-119 of the Utah Code Annotated. SECTION 6 . EFFECTIVE DATE. This Ordinance shall take effect on July 1 , 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: APPROVED AS TO FORM Salt Lake City Attomey's Office CITY RECORDER Date s'il• By -4- Transmitted to the Mayor on Mayor's Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER FMN:cc -5- _ , r1 SALT LAKE CITY ORDINANCE No. of 1990 (Adopting the rate of tax levy and levying taxes upon all real and personal property within Salt Lake City, Utah made taxable by law for the fiscal year commencing July 1 , 1990 and ending June 30, 1991) . AN ORDINANCE ADOPTING THE RATE OF TAX LEVY UPON ALL REAL AND PERSONAL PROPERTY WITHIN SALT LAKE CITY, UTAH MADE TAXABLE BY LAW FOR THE FISCAL YEAR COMMENCING JULY 1 , 1990 AND ENDING JUNE 30, 1991 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . Chapter 2, Title 59 of the Utah Code Annotated states that before June 22nd of each year, the governing body of each City shall, by ordinance or resolution, adopt a proposed or, if the tax rate is not more than the certified tax rate, a final tax levy on the real and personal property in the City for various municipal purposes . Chapter 2, Title 59, of the Utah Code Annotated provides for certain notice and hearing requirements if the proposed tax rate exceeds the certified tax rate. It is the intent of the City to comply with the mandate of the Utah Legislature, but reserve in itself the power to amend the tax rates set herein to guarantee, after final appraisal figures have been determined, that it does not exceed the amount required for its governmental operations and taxing authority granted by the Legislature. • SECTION 2 . For purposes of defraying the necessary and proper expenses of the City to maintain the government thereof and; for operating and maintaining its libraries and reading rooms , the City Council hereby proposes to levy upon all real and personal property within Salt Lake City, Utah made taxable by law in the year 1990, for the fiscal year of Salt Lake City Corporation ending June 30, 1991, a tax of percent on each dollar of taxable valuation of said property, apportioned as follows: (a) percent shall be credited as revenue in the general fund; (b) percent shall be credited as revenue in the special library fund. Said proposed tax levy shall not be final until the public hearing specified in Sections 59-2-918, 59-2-919 and 59-2-923 of the Utah Code Annotated has been held. SECTION 3 . The proposed tax levy exceeds the certified tax rate by percentage points . Pursuant to Chapter 2, Title 59 , of the Utah Code Annotated, the City shall notify the Auditor of Salt Lake County, Utah of (a) its intent to exceed the rate, (b) the amount by which it proposes to exceed the rate and (c) purpose of the tax levy. SECTION 4 . Pursuant to Chapter 2, Title 59, of the Utah Code Annotated, the City Council shall hold a public hearing on August 9 , 1990 at 5:00 o'clock p.m. in the City Council Chambers, City and County Building, 451 South State -2- Street, Room 315, Salt Lake City, Utah, for the purpose of hearing comments regarding any proposed increase and to explain the reasons for the proposed increase. SECTION 5 . Pursuant to Chapter 2, Title 59 , of the Utah Code Annotated, the City shall advertise its intent to exceed the certified tax rate in a newspaper of general circulation in Salt Lake County, Utah. The advertisement shall be run once each week for the two weeks preceding the public hearing on August 9, 1990. The advertisement shall state that the City Council will meet on August 9, 1990 at 5 :00 o' clock p.m. in the City Council Chambers, City and County Building, Room 315, Salt Lake City, Utah for the purpose of hearing comments regarding any proposed increase and to explain the reasons for the proposed increase. SECTION 6 . The proposed tax levy hereinabove determined shall be certified by the City Recorder to the Auditor of Salt Lake County, State of Utah on or before the 22nd day of June 1990 pursuant to the provisions of Chapter 2, Title 59 of the Utah Code Annotated. SECTION 7 . The City hereby expressly reserves the power and right to amend any property tax levy made herein as it may deem just, proper and appropriate under the law. SECTION 8 . This Ordinance shall take effect on July 1, 1990 . -3- Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By Chairperson ATTEST: Transmitted to the Mayor on the day of , 1990 . Mayor' s action: DATED this day of , 1990 . PALMER DePAULIS Mayor ATTEST: CITY RECORDER FMN:cc APPROVED AS TO FORM Salt Lake City Attorney's Office Date 6-1- 90 By itgAitA444if.se--- -4- SALT LAKE CITY ORDINANCE No. of 1990 (Adopting the rate of tax levy upon all real and personal property within Salt Lake City, Utah made taxable by law for the fiscal year commencing July 1 , 1990 and ending June 30, 1991) . AN ORDINANCE ADOPTING THE RATE OF TAX LEVY UPON ALL REAL AND PERSONAL PROPERTY WITHIN SALT LAKE CITY, UTAH MADE TAXABLE BY LAW FOR THE FISCAL YEAR COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . Chapter 2, Title 59 of the Utah Code Annotated states that before June 22nd of each year the governing body of each City, shall, by ordinance or resolution, adopt a proposed or, if the tax rate is not more than the certified tax rate, a final tax levy on the real and personal property for various municipal purposes . Chapter 2, Title 59, of the Utah Code Annotated provides for certain notice and hearing requirements if the proposed tax rate exceeds the certified tax rate. It is the intent of Salt Lake City Corporation to comply with the mandate of the Utah Legislature, but reserve in itself the power to amend the tax rates set herein to guarantee, after final appraisal figures have been determined, that it does not exceed the amount required for its governmental operations and taxing authority granted by the Legislature. SECTION 2 . For purposes of defraying the necessary and proper expenses of the City to maintain the government thereof and; for operating and maintaining its libraries and reading rooms, the City Council hereby levies upon all real and personal property within Salt Lake City, Utah made taxable by law in the year 1990, for the fiscal year of Salt Lake City Corporation ending June 30, 1991, a tax of percent on each dollar of taxable valuation of said property, apportioned as follows: (a) percent shall be credited as revenue in the general fund; (b) percent shall be credited as revenue in the special library fund. Said tax levy shall be subject to Mayor approval and City Council reconsideration pursuant to Section 1214, Chapter 3, Title 10, of the Utah Code Annotated. SECTION 3 . The proposed tax levy does not exceed the certified tax rate and, therefore, the City is not required to publish notice or hold a public hearing pursuant to Chapter 2, Title 59 , of the Utah Code Annotated. SECTION 4 . The tax levy hereinabove determined and levied shall be certified by the City Recorder to the Auditor of Salt Lake County, State of Utah before the 22nd day of June 1990 pursuant to the provisions of Chapter 2, Title 59, of the Utah Code Annotated. -2- ' r SECTION 5 . The City hereby expressly reserves the power and right to amend any property tax levy made herein as it may deem just, proper and appropriate under the law. SECTION 6 . This Ordinance shall take effect on July 1, 1990 . Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By Chairperson ATTEST: Transmitted to the Mayor on the day of , 1990 . Mayor' s action: DATED this day of , 1989 . PALMER DePAULIS Mayor APPROVED AS TO FORM Salt Lake Ctty Attomey's Office Date -3- ATTEST: CITY RECORDER FMN:cc -4- IS/ FINAL SUMMARY: Legislative Intent Statements for Council Consideration June 5, 1990 Note: This document combines all legislative intents suggested and distributed to this date. The items on which Councilmembers have questions or would like to discuss further are indicated in bold. Items which one or more Members oppose are also indicated in bold. There may be others for which discussion is necessary, since all Councilmembers have not yet had the opportunity to indicate their concerns and questions. . Al'''. r'�b� (lbA. Legislative Intent Statements Requesting Administrative Action: �00 rL pD Al. It is the intent of the Council that the Administration consider charging e higher fees for nonresidents for City recreation programs, including golf and W ' the Steiner Aquatic Center. (Two no; one could the County citizens be included as residents) nn�� 11� A2. It is the intent of the Council that the Administration provide a written update to the Council on a quarterly basis regarding the status of th€-- Mountain Dell Golf Course construction and maintenance timetable, preparatory to the opening of the second eighteen holes. (One no; one prefers written, rather than oral and written.) A3. It is the intent of the Council that the Administration continue to '�AP. implement the hazardous materials inspection program in the Fire Department :;\ and provide a biannual update to the Council on the status of the program including revenue generated and the revenue anticipated in the coming months. A4. It is the intent of the Council that the Administration provide a six Nb6 month update on the Steiner Aquatic Center revenues and expenditures by J 1. January 15, 1991 . ^ V d AS. It is the intent of the Council to encourage the Administration to "'`� develop a cost accounting system in the Public Works Department to more /, ,)/I , Itn� accurately monitor the true costs of providing refuse collection service Pfd T �u �w to improve the City's ability to plan and manage work loads. A6. It is the intent of the Council to support the Administration's ��,11i/��,, development of a new fee structure to recover costs incurred in meeting the`i 'G1 new EPA drainage permit program requirements. The Council requests that at v , least two options, both to include an abatement program for low income individuals, be provided for Council review and discussion prior to the 1991- 92 budget review process. A7. It is the intent of the Council that the Administration review the possibility of establishing a volunteer or police cadet program such as the County's Deputy Reserve program to augment the City's full-time Police efforts in non-confrontational situations. (One no) \\ 14 (C6V: (213 (1(bt) 1 iti n�J1 IV p 7\ PAGE TWO / A8. It is the intent of the Council to request the Administration to monitor the new charges for paramedic ambulance services to determine if an abatement program is needed for low income and un-insurable individuals. ^ A9. It is the intent of the Council to support the Administration's plans t%/ review the City's participation in the Metro Narcotics force. The Administration is requested to provide to the Council information on the funding and participation of other municipalities, prior to the expenditure of any City funds beyond the level budgeted this fiscal year in Fiscal Year 1990- 91. (One question) A10. It is the intent of the Council to work with the Administration to establish a special task force to look at the Mayor's salary level, with any n� changes recommended to go into effect in Fiscal Year 1992-93. (One no vote) All. It is the intent of the Counci to jointly establish a task /1066 ,1, force to review the salary levels of ity e ec ed officials, with any changes recommended to go into effect in Fiscal Year 1992-93. Al2. It is the intent of the Council that the Administration review the hours ) of the Fleet Management Division impound lot and make an effort to accommodate( pn ,7-(� citizens, either before 8 a.m. or after 5 p.m. , while still maintaining the 8 �"' hour day proposed in the Mayor's budget. A13. It is the intent of the Council to encourage the Administration to physically house the independent internal audit office outside of the Finance Department area. B. Letters to be sent from the Council Chair on behalf of the Council to various entities: B1. It is the intent of the Council to support the Library's efforts tov /O� explore alternative sources of funding including user 1es, grants, state and-1 rV federal legislation, Interlocal agreements and donations. (One yes to intent, except user fees) B2. It is the intent of the Council to request the City Attorney's Office to 0 review the issue of double taxation with regard to paramedic services, animal '7'U control and recreation services which are provided by the City within Salt Lake City limits and by the County outside of Salt Lake City limits. (And other City services which may be amenable to this type of solution. ) B3. It is the intent of the Council that the Administration continue to pursue study and implementation of an enhanced golf reservation system. Prio (/t to implementation, the Council requests a briefing regarding cost-benefit options. B4. It is the intent of the Council to continue to encourage the Utah Department of Transportation to beautify the easement near the Airport Golf V Course. J PAGE THREE B5. It is the intent of the Council that the Administration include the " ' D i Public Library's operating and capital budget as proposed by the Library Board of Directors, to the extent possible and appropriate in the City's regular budget review process. B6. It is the intent of the Council that the Administration review the issue U of leased office space as opposed to owned office space, and brief the City Council. (Letter has already been prepared.) B7. It is the intent of the Council to request from the Utah Economic UV) Development Corporation a quarterly report of activity in Salt Lake City, including the number of jobs generated. (Note: the Council requested this i an earlier discussion, but it has not been included on a final list until now.) B8. It is the intent of the Council to notify Salt Lake County that the City Council oes not plan to continue to fund the Fine Arts Facilities beyond / (' fiscal year 1 -9 . B9. It is the intent of the Council to encourage the Fine Arts Facilities to U explore all possible funding options so that the joint funding agreement can �(� be phased out, as planned, in the immediate future. B10. It is the intent of the Council to encourage the Administration to - establish a group discount rate at the Steiner Aquatic Center. (0-6:4)621-j C. Items which can be handled through sup port pport of the Mayor's policy initiative recommendations: C1 . It is the intent of the Council that the Administration identify alternatives for conducting a comprehensive economic feasibility study of the / 1 Airport and surrounding property to set the stage for expanded economic l� development in the Northwest Quadrant around the Airport, and that thefAilY Administration bring to the Council a plan for funding the City's share of such a study. )/D C2. It is the intent of the Council to support the Administration's plans to review the issue of the commuter tax and look at alternatives for generating revenue to help fund services provided for Salt Lake City's large daytime population. C3. It is the intent of the Council that the City continue to support the concept of public and private partnerships for the funding of additional amenities, and continue to utilize citizen volunteers in creative ways as is feasible and appropriate. C4. It is the intent of the Council to encourage the Administration to continue to enhance efforts to educate all City employees about the importance of dealing in a positive manner with the public . PAGE FOUR C5. It is the intent of the Council to request from the City Attorney �, information on the legality of providing incentives for City employees who reside within the City limits. (One no) D. Expressions of Council positions: � Dl. It is the intent of the Council that Fiscal Year 1990-91 will be the lalt by� fiscal year in which the City provides monies from the General Fund for the Crossing Guard program in the Police Department's budget. (One question; one D2. It is the intent of the Council to support additional increases in th 110 C�- County's landfill tipping fees to remove the financial disincentives to fy�,�� recycling which the low tipping fees currently represent. (One question) I ' D3. It is the intent of the Council to support funding the Canterbury for a 0 total of seven years, rather than six as was originally planned. (One no rio vote; one question) 'v � / D4. It is the intent of the Council that the Administration and Council O continue to establish a formal plan by which to enhance the City's lobbying effort. D5. It is the intent of the Council to support the Mayor's Recycling U Committee's efforts to study successful, cost effective recycling programs in �� cooperation with the County and other public agencies in the area and in the private sector to encourage residents and businesses throughout the City to support and participate in a comprehensive recycling program. (One indication that this is not necessary, since the Council did a resolution.) E. To be handled in audit follow-up El. It is the intent of the Council that the Administration provide to the Council a report regarding its progress on implementing Fleet management-