Loading...
042 of 2011 - issuance of up to $18 million in subordinate excise tax revenue notes for the purpose of financing a R 11-1 Q 11-9 RESOLUTION No.42 OF 2011 A Resolution providing for the publication of a Notice of Public Hearing and Intent to Issue Subordinate Excise Tax Revenue Notes and holding of a public hearing relative to the City's subordinate excise tax revenue notes; expressing official intent regarding certain capital expenditures to be reimbursed from proceeds of such notes;and providing for related matters. WHEREAS,the City Council (the "City Council") of Salt Lake City,Utah (the "City") considers it desirable and necessary and for the benefit of the City and its residents to issue its subordinate excise tax revenue notes,in one or more series,in an aggregate principal amount not to exceed $18,000,000 (the "Notes"), for the purpose of financing a portion of the cost of acquiring,constructing and equipping a performing arts center and related improvements (the "Project")and paying all related costs authorized by law pursuant to authority contained in the Local Government Bonding Act,Chapter 14 of Title 11(the "Act"),of the Utah Code Annotated 1953,as amended,and other applicable provisions of law; WHEREAS,pursuant to the applicable provisions of the Act,the City has the authority to issue its subordinate excise tax revenue notes for the foregoing purposes; WHEREAS,Section 11-14-318 of the Act requires that a public hearing be held to receive input from the public with respect to the issuance of the Notes and the potential economic impact that the Project will have on the private sector,and that notice of such public hearing be given, and,in satisfaction of such requirement,the City desires to publish a Notice of Public Hearing and Intent to Issue Subordinate Excise Tax Revenue Notes (the "Notice of Public Hearing") pursuant hereto; WHEREAS,Section 11-14-307(7) of the Act requires the City to submit the question of whether or not to issue the Notes to voters for their approval or rejection if,within 30 calendar days after the publication of the Notice of Public Hearing, a written petition requesting an election and signed by at least 20%of the registered voters in the City is filed with the City; WHEREAS,a portion of the expenditures relating to the initial phase of the Project(the "Expenditures")(i) have been paid from one,both or either of the City's capital improvement program fund or the central business district project fund of the Redevelopment Agency of the City (collectively,the "Funds")within the sixty days prior to the passage of this Resolution or (ii)will be paid from one,both or either of the Funds on or after the passage of this Resolution and prior to the issuance of the Notes,which Notes shall be in the maximum principal amount of $19,000,000;and WHEREAS,the City desires to provide for the holding of a public hearing,as required by law; 3088126 01.07,doc 8704074/RDB/mo ITAC Public Hearing Re,dm- NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows: Section 1. Findings and Determinations. The Council hereby finds, determines and declares that the financing of the Project with proceeds of the Notes is in the public interest and is in the best interest of the City and the businesses,residents and consumers within the City. Section 2. Public Hearing. In satisfaction of the requirements of Section 11-14-318 of the Act, a public hearing shall be held by the City Council on Tuesday, November 22, 2012, during the regular City Council meeting which begins at 7:00 p.m., at the regular meeting place of the City Council, in the Council Chambers, Room 315 in the City and County Building, 451 South State Street, in Salt Lake City, Utah, to receive input from the public with respect to the issuance by the City of the Notes and the potential economic impact that the Project will have on the private sector. Section 3. Publication of Notice of Public Hearing. In accordance with the requirements of Section 11-14-318, the City Recorder or any Deputy City Recorder (the "City Recorder") shall cause a Notice of Public Hearing in substantially the form attached hereto as Annex 1, to be (a) published in The Salt Lake Tribune and the Deseret News, each a newspaper having general circulation in the City and in which notices relative to the City are customarily published, once a week for two consecutive weeks, with the first publication being at least fourteen days prior to the date set for the public hearing, and (b) posted on the Utah Public Notice Website,at least fourteen days before the date set for the public hearing. Section 4. Form of Petition. The form of the petition to be used by registered voters in requesting that an election be called to authorize the Notes shall be in substantially the form attached hereto as Annex 2. Section S. City Recorder to Perform Certain Acts. The City Recorder is hereby directed to maintain a certified copy of this Resolution on file in office of the City Recorder during regular business hours for inspection by registered voters of the City, and other interested persons. The City Recorder is hereby directed to, upon request, supply copies of the form of petition specified in Section 4 hereof. Section 6. Reimbursement of Expenditures. The City reasonably expects to reimburse one, both or either of the Funds for the Expenditures from the proceeds of the Notes. Section 7. Severability. It is hereby declared that all parts of this Resolution are severable, and if any section, paragraph, clause or provision of this Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining sections, paragraphs, clauses or provisions of this Resolution. Section 8. Repealer. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. -2 - UPAC Public Hearing Resolution Section 9. Effective Immediately. This Resolution shall take effect immediately upon its adoption. ADOPTED by the City Council and APPROVED by the Mayor of Salt Lake City, Utah, this 1st day of November,2011. SALT LAKE CITY,UTAH .CIT; N' "r jj r1 By •is �:�.�,; eye Chair, ity Council [SEAL] { v ATTEST: B y Recorder APPROVED: By —;o — Mayor APPROVED AS TO FORM: By Senior Ci y Attorney - 3 - UPAC Public Hearing Resolution