On the agenda: Slc County Council Meeting — data center (Sep 29)
Past ⚠ Agenda Watch Slc, Utah · Tuesday, September 29, 2026 — 2 weeks ago
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The published agenda for the September 29, 2026 meeting contains: "data center", "Data Center", "Data center", "DATA CENTER". The meeting has passed. The agenda stays here as a permanent public record.
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SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, UT 84114
(385) 468-7500 TTY 711
County Council
Meeting Agenda
Tuesday, September 29, 2026
1:30 PM
Council Chambers, Room N1-110
Upon request and with three working days’ notice, Salt Lake County will provide free auxiliary aids
and services to qualified individuals (including sign language interpreters, alternative formats, etc.).
For assistance, please call (385) 468-7500 – TTY 711.
Meetings may be closed for reasons allowed by statute. Motions relating to any of the items listed
below, including final action, may be taken.
This meeting will be simulcast via Webex, allowing members of the public and the Council to
participate electronically. The Cisco Webex link is provided below.
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Additional instructions to participate in Council meetings are available at Council Agendas & Minutes.
The Council will also livestream the meeting on Facebook Live.
Minutes and recordings of past Council meetings are available through Salt Lake County CivicClerk.
Cisco Webex link:
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1.
CALL TO ORDER
Invocation - Reading or Thought - Pledge of Allegiance
1.1 Quorum Call—Roll Call Vote
2.
PUBLIC COMMENT
3.
REPORT OF ELECTED OFFICIALS:
3.1 County Council Members
3.2 County Mayor
3.3 Other Elected County Officials
4.
APPROVAL OF TAX LETTERS
Page 1 of 192
County Council
Meeting Agenda
4.1 Tax Administration's Tax Relief Letters
September 29, 2026
26-946
Attachments:
1.
Tax Relief Letter 9.17.26
4.2 Tax Administration's Charitable, Religious, and Educational
Exemption Letters
26-947
Attachments:
1.
3.1 Holy Trinity Greek Orthodox Church_Redacted
4.3 Partial Release of Lien
26-950
Attachments:
1.
Partial Release of Lien
4.4 Tax Record Adjustments
26-951
Attachments:
1.
Tax Record Adjustment - Tax Relief
5.
APPROVAL OF COUNCIL MEETING MINUTES
5.1 Approval of September 15, 2026, County Council Minutes
26-957
Attachments:
1.
09-15-2026 Council Minutes
6.
WORK SESSION
6.1 Informational Update on the Proposed Hire Report / Incentive
Plans - $3000 and Under / Weekly Reclassification Report
26-955
Presenter: Hoa Nguyen, Council Budget and Policy Analyst
(Less than 5 minutes)
Informational
Attachments:
1.
Proposed Hire Report - 9-23-2026
2.
Incentive Plans - $3,000 and Under 9-23-2026
3.
Weekly Reclassification Report 9-23-2026
6.2 Budget Adjustment: Mayor's Finance Requests Several Capital
Project Adjustments as Part of the Salt Palace Renovation Project:
26-954
• Cancel $19,836,599 in Previously Budgeted Capital Projects
at the Rampton Salt Palace Convention Center and Redirect
Page 2 of 192
County Council
Meeting Agenda
September 29, 2026
$11M to Debt Service on Bonds to Be Issued for the Salt
Palace Renovation
• Cancel $408,033 in Previously Budgeted Capital Projects at
Mountain America Expo Center As Part of the Longer
Term Capital Maintenance and Operating Plan
• Cancel $3,930,354 in Operating Subsidy for the Salt Palace
and $5M in 2026 Relief Funding for Clients with Signed and
Executed Contracts for Events After February 2027
Presenter: Hoa Nguyen, Council Budget and Policy Analyst
(Less than 5 minutes)
Discussion - Vote Needed
Attachments:
1.
39431 39392 40641 SPCC Capital Project Reductions
6.3 Budget Adjustment: The Sheriff's Office Requests to Recognize
$160,000 One-time Grant Funding to Support a Medicaid
Screening and Enrollment Pilot Project for Eligible Jail Inmates
26-953
Presenter: Hoa Nguyen, Council Budget and Policy Analyst
(Less than 5 minutes)
Discussion - Vote Needed
Attachments:
1.
40713 - SHF_Jail Medicaid Grant
6.4 Consideration of Approval of Proposed Rental Rates for the 202829 Season of the Larry H. and Gail Miller Arts Center
26-945
Presenter: Robin Chalhoub, Community Services Department Director; Matt Castillo, Arts
& Culture Division Director
(5 minutes)
Discussion - Vote Needed
Attachments:
1.
Miller Arts Center Proposed 2028-29 Rental Rates Memo
2.
Miller Arts Center Proposed Rental Rates 2028-29 Season
6.5 Leifman Update: Recommendation #17—Update on the Evolution
of the JAC Concept
26-949
Presenter: Katherine Fife, Associate Deputy Mayor, County Services; Kelly Colopy,
Human Services Director
(20 minutes)
Page 3 of 192
County Council
Meeting Agenda
September 29, 2026
Informational
Attachments: None
6.6 Informational Presentation of the Salt Lake County Jail Expansion
Feasibility Study
26-922
Presenter: Rob Cottle - CEO and Principal Architect, Babcock Design Group; Meg Bower,
Principal Planner; Mike Conder, Principal Architect; Dr. Joel Andrade - LICSW, CCHPMH, Senior Behavioral Health Expert
(60 minutes)
Informational
Attachments:
1.
Feasibility 620925d
7.
PENDING LEGISLATIVE BUSINESS
7.1 Consideration of a Resolution of the County Council of Salt Lake
County, Utah (the "County"), Amending a Resolution Which
Previously Authorized the Issuance and Sale of the County's
Transient Room Tax Revenue Bonds, Series 2026 (the "Series 2026
Bonds") by Adding to the Security for the Series 2026 Bonds With
a Covenant to Request an Appropriation from the County's
Legally Available Moneys to the Payment of the Series 2026 Bonds;
Providing for the Publication of a Notice of Public Hearing and
Bonds to be Issued; Authorizing and Approving General
Indenture; Authorizing the Taking of all Other Actions Necessary
to the Consummation of the Transactions Contemplated by This
Resolution; and Related Matters
26-956
Presenter: Darrin Casper, Deputy Mayor of Finance and Administration; Helen Schroeder,
Civil Attorney
(5 minutes)
Discussion - Vote Needed
Attachments:
1.
General Indenture - Salt Lake Co Transient Room Tax Bonds 2026
2.
Amending Resolution - Salt Lake Co Transient Room Tax Bonds 2026_RATFL
7.2 Final Adoption of an Ordinance of the Legislative Body of Salt
Lake County, Utah, Amending Section 9.90.025 of the Salt Lake
County Code to replace the 2006 Utah Wildland Urban Interface
Code with the 2024 International Wildland Urban Interface Code.
26-933
Page 4 of 192
County Council
Meeting Agenda
September 29, 2026
Presenter: Brian Tucker, MSD Planning Manager
(5 minutes)
Discussion - Vote Needed
Attachments:
1.
WUI Ordinance_legislative format_RAFL
2.
OAM2026-001644 WUI Staff Report
8.
OTHER ITEMS REQUIRING COUNCIL APPROVAL
9.
OTHER BUSINESS
ADJOURN
Page 5 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-946
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Tax Administration's Tax Relief Letters
Requested Agenda Item Description:
2026 Timely Tax Relief (7.1)
2026 Veteran Exemptions (7.3)
Other Years' Veteran Exemptions (7.3a)
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Brad Neff, Tax Administrator
Time Needed: Less than 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? Yes
Time certain
Requesting Staff Member:
Stephanie Hansen, Administrative Assistant
Attachments:
Tax Relief Letter 9.17.26
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SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-947
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Tax Administration's Charitable, Religious, and Educational Exemption Letters
Requested Agenda Item Description:
Request by Holy Trinity Greek Orthodox Church to grant a property tax exemption as a religious
organization for tax years 2024 and 2025. 15-01-256-002-0000 (recommend grant)
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Brad Neff, Tax Administrator
Time Needed: Less than 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? Yes
Requesting Staff Member:
Ashleigh Lunz, Administrative Assistant
Attachments:
3.1 Holy Trinity Greek Orthodox Church_Redacted
Page 9 of 192
Council-Tax Administration
Brad Neff
Tax Administrator
Salt Lake County Government Center
2001 South State Street, N2-300
PO Box 144575
Salt Lake City, UT 84114-4575
September 18, 2026
The Salt Lake County Council
2001 South State, N2200
Salt Lake City, Utah 84190-1010
Attn:
RE:
Aimee Winder Newton, Chair
Request by Holy Trinity Greek Orthodox Church to grant a property tax exemption as a
religious organization for tax years 2024 and 2025. 15-01-256-002-0000
(recommend grant)
Council Members:
The Property Tax Committee, at a meeting on September 17, 2026, considered a request to
grant a property tax exemption as a religious organization for the 2024-2025 tax years on the
above mentioned parcel. The committee recommends the request be granted.
The Claimant is a church operating as a place of worship, and seeks a religious exemption
based upon its exclusive religious use. Salt Lake County records indicate that the Claimant is
the owner of the above parcels which it acquired in 1977. Deputy District Attorney, Brad
Johnson, recommended that the exemption be granted on the basis that the property was
used exclusively for charitable purposes.
Pursuant to §59-2-1101(1) (a), Utah Tax Code, property may receive a tax exemption if it is
owned by a non-profit organization and used exclusively for religious, charitable or
educational purposes. It is Salt Lake County’s practice to grant a property tax exemption for
prior years if it has been determined that the property in question is used exclusively in
conjunction with such purposes. This practice is consistent with Supreme Court decisions
(Neilson v. San Pete County, 40 Utah 560, 123 P. 334 (1912), and; Shea v. State Tax
Commission, 101 Utah 209, 120 P.2d 274 (1941), where the court concluded that it was illegal
to collect a tax on property not subject to taxation.
In accordance with the findings of this review, the Property Tax Committee recommends the
request for a property tax exemption as a religious organization be granted for parcel 15-01256-002-0000 for tax years 2024-2025. The recommended refund is as follows:
The Treasurer’s office shall determine the final amount to be refunded and may make any
necessary adjustments for penalty and/or interest paid or accrued.
Tel: 385.468.8120 | Fax: 385.468.8121 | www.slcotaxadmin.slco.org
09-17-26 3.1 Holy Trinity Greek Orthodox Church
Page 10 of 192
Council-Tax Administration
Brad Neff
Tax Administrator
Salt Lake County Government Center
2001 South State Street, N2-300
PO Box 144575
Salt Lake City, UT 84114-4575
Sincerely,
Brad Neff, Chair
Property Tax Committee
cc
Holy Trinity Greek Orthodox Church
cc
Treasurer’s Office
Tel: 385.468.8120 | Fax: 385.468.8121 | www.slcotaxadmin.slco.org
09-17-26 3.1 Holy Trinity Greek Orthodox Church
Page 11 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-950
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Partial Release of Lien
Requested Agenda Item Description:
Requesting approval to release and reapply liens on 8 properties to be split into multiple parcels.
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Angie Vise, Collections Division Administrator
Time Needed: Less than 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Rebecca Miller, Fiscal Manager
Attachments:
Partial Release of Lien
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SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-951
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Tax Record Adjustments
Requested Agenda Item Description:
Requesting authorization to adjust tax relief on properties where ownership or owner status has
changed, or a County error has been made. Also requesting permission to send updated tax
notices to the owners.
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Angie Vise, Collections Division Administrator
Time Needed: Less than 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Rebecca Miller, Fiscal Manager
Attachments:
Tax Record Adjustment - Tax Relief
Page 39 of 192
Page 40 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, UT 84114
(385) 468-7500 TTY 711
Meeting Minutes
Tuesday, September 15, 2026
1:30 PM
Council Chambers, Room N1-110
County Council
Page 41 of 192
County Council
1.
Meeting Minutes
September 15, 2026
CALL TO ORDER
Invocation - Reading or Thought - Pledge of Allegiance
Present:
Council Member Suzanne Harrison
Council Member Laurie Stringham
Council Member Natalie Pinkney
Council Member Jiro Johnson
Council Member Carlos Moreno
Council Member Ross Romero
Council Chair Dea Theodore
Council Member Aimee Winder Newton
Excused:
Council Member Sheldon Stewart
Council Member Romero led the Pledge of Allegiance to the Flag of the United States
of America.
1.1 Quorum Call—Roll Call Vote
Roll was called, showing Council Member Stewart was excused.
2.
PUBLIC COMMENT
Ms. Tammi Diaz stated she did not support data centers. She supports providing mental
health services to individuals in the justice system and to homeless communities. She
would also like to see a better bus system. An improved bus system would reduce crime
and enable people to get to work and ski resorts. Currently, there are elderly and disabled
people driving who should not be driving. Furthermore, it is unaffordable to drive, due to
the cost of a car and vehicle insurance. Vehicles also cause environmental issues.
Keeping stores open would reduce the number of drivers on the road, as there would be
fewer Amazon and other delivery drivers. That would bring the community together, and
once together, people could help one another. That would reduce the need for big
government.
Ms. Dena Long invited the Council to the Intermountain Republican Women’s booth at
the Magic Over Murray Balloon Festival. The Intermountain Republican Women will be
there with Monique Ketcham, who is running for election to the Utah House of
Representatives, District 35. There will be a dunk tank at the event, at which some
candidates will participate. Ms. Long also invited the Council to a barbecue at the
Country Club Estates. This residential area is one that the Sheriff’s Office is called to
three to four times a week
Page 2 of 36
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County Council
Meeting Minutes
September 15, 2026
Mr. Luke Maynes stated he is running for County Council District 3, and while
campaigning, has heard from community members that they do not want data centers
built in their community, using water, drying up the Great Salt Lake, and ruining air
quality. This has been the most bipartisan issue he has ever seen. He was excited to see a
resolution on today’s agenda that restricted the artificial intelligence (AI) data center
boom in Salt Lake County. Mr. Maynes encouraged Council Members to support the
resolution and look for other ways to ensure tax dollars and policies support families and
working-class people in the County, not billionaires who invest in data centers.
Ms. Leslie Warren spoke in opposition to data centers. She listened to Colorado’s
governor speak not long ago and learned that Colorado does not have data centers
because it does not give data center companies tax breaks or tax incentives. Ms. Warren
suggested entities here consider taking that avenue to control the proliferation of data
centers. Communities that had allowed data centers to be built had not known about the
pollution and water use that occurred with them. People are now aware of the problems,
so there is no reason to allow data centers. For example, a small community in the Lake
Tahoe area is without power because the power company is providing all the power to a
data center. Ms. Warren wanted to know who was profiting from data centers. These
people need to be held accountable.
Mr. Steve Van Maren stated he found no background information on the public
hearing, other than a notice of the hearing.
3.
REPORT OF ELECTED OFFICIALS:
3.1 County Council Members
Council Member Winder Newton stated she and Council Members Romero and
Theodore attended the Utah Association of Counties’ (UAC) annual convention in Provo
City last week. At the convention, she heard about important issues, such as data centers
and housing, and toured the Utah State Hospital. It was a great event.
Council Member Romero stated he attended the UAC convention and heard the Utah
Department of Transportation’s presentation on air mobility. He learned what was
coming, such as medications being delivered by drone as part of the early genesis of
commercial air mobility. It was a fascinating presentation, illustrating the investment
being made and how Utah is leading the nation in a lot of this technology. Council
Member Romero suggested the Council or a caucus have a presentation or discussion on
this.
3.2 County Mayor
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County Council
Meeting Minutes
September 15, 2026
Ms. Erin Litvack, Deputy Mayor of County Services, made the following
announcements:
- Welcoming Week began this week, with the Better Together Neighborhood Fest: The
Courage to Connect on Saturday at the South Salt Lake Community Center. The
proclamation was read at the event, and partners and sponsors were recognized. There
were also cultural performances, workshops, and a screening of the hashtag
SheBelongs.
- This Saturday, the Office for New Americans is hosting Citizenship Day at the Centro
Civico Mexicano, where volunteer attorneys will help eligible residents file for
naturalization at no cost.
- Voces en Bloom: Celebrating the New Wave of Música Latina, a free bilingual concert,
was held last Saturday at the Eccles Theater, at which nearly 1,400 people attended. That
was close to double the number of people who attended last year.
- The Tenth Anniversary of the Eccles Theater is approaching. More information on that
will be forthcoming.
- Today is National Voter Registration Day. Citizens in Salt Lake County can register
today and still get a mail-in ballot. Ballots for the November election will be mailed on
October 13th; early voting opens at the Government Center on October 20th, and
October 27th is the last day to request a mail-in ballot. Ms. Litvack asked Council
Members to circulate these dates in their districts.
- The Clerk’s Office is recruiting poll workers. Anyone interested can contact the Clerk’s
Office.
Council Member Winder Newton stated she attended the Better Together
Neighborhood Fest: The Courage to Connect on Saturday. The point of the event was to
provide opportunities for people to connect, regardless of cultural differences. It was a
wonderful event.
3.3 Other Elected County Officials
4.
CONSENT ITEMS
A motion was made by Council Member Johnson, seconded by Council Member
Theodore, that the Consent Agenda be approved. The motion carried by a unanimous
vote.
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County Council
Meeting Minutes
4.1 Consideration of Open Space Trust Fund Advisory
Committee Appointment: Melissa Leigh (District 6)
September 15, 2026
26-872
Attachments:
1.
MelissaLeighPacket
The vote on this consent item was approved.
4.2 Consideration of Local Emergency Planning Committee
Appointment: Lance Bess (Police)
26-883
Attachments:
1.
LanceBessPacket
The vote on this consent item was approved.
4.3 Consideration of a Resolution of the Salt Lake County
Council Declaring Surplus Real Property, and Approving
the Conveyance of the Same by Quitclaim Deed to South
Salt Lake City
26-879
Attachments:
1.
Surplus Property Resolution - SSLC - 300 West RESOLUTION NO. 6420
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL DECLARING
SURPLUS REAL PROPERTY AND APPROVING THE CONVEYANCE OF THE
SAME BY QUITCLAIM DEED TO SOUTH SALT LAKE CITY
RECITALS
WHEREAS, Salt Lake County (“County”) owns a parcel of land located at
approximately 2563 South 300 West, South Salt Lake City, Utah 84115, identified as
Parcel No. 15-24-403-008 (the “Property”);
WHEREAS, the Property is protruding into 300 West and forms part of the public
street;
WHEREAS, South Salt Lake City ("City") has offered to accept a conveyance of the
Property from County for public street purposes and, upon conveyance, to maintain the
Property as part of the public street;
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County Council
Meeting Minutes
September 15, 2026
WHEREAS, County has determined that the Property is not in public use; WHEREAS,
County and City have entered into an ILA (“Agreement”) attached hereto as Exhibit 1;
WHEREAS, it has been determined that the best interest of County and the general
public will be served by the conveyance of the Property to City;
WHEREAS, the Property is being conveyed to City for no consideration, and the taxes
mistakenly assessed have been waived as per the County Council;
WHEREAS, the conveyance will be in compliance with all applicable state statutes and
County ordinances.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council
that the Property, described in Exhibit A of the Agreement is hereby declared surplus
property.
IT IS FURTHER RESOLVED by the Salt Lake County Council that the conveyance of
the Property by quitclaim deed to South Salt Lake City, as provided in the Agreement is
hereby approved; and the Mayor is hereby authorized to execute the Agreement, and the
Mayor and County Clerk are hereby authorized to execute the Quitclaim Deed, attached
to the Agreement, and to deliver the fully executed documents to the County Real Estate
Division for delivery to South Salt Lake City.
APPROVED and ADOPTED this 15th day of September, 2026.
SALT LAKE COUNTY COUNCIL
ATTEST
By /s/ AIMEE WINDER NEWTON
Chair
By /s/ LANNIE CHAPMAN
Salt Lake County Clerk
The vote on this consent item was approved.
4.4 Consideration of a Resolution of the Salt Lake County
Council Approving and Authorizing the Mayor to Grant
a Perpetual Waterline Discharge Easement to South Salt
Lake City
26-880
Attachments:
1.
Resolution for Perpetual Waterline Discharge Easement to South Salt
Lake - Price Ave. - RAFL - (Rev.2 09.03.26)
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County Council
Meeting Minutes
September 15, 2026
RESOLUTION NO. 6421
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING AND
AUTHORIZING THE MAYOR TO GRANT A PERPETUAL WATERLINE
DISCHARGE EASEMENT TO SOUTH SALT LAKE CITY
RECITAL
WHEREAS, Salt Lake County (“County”) is the owner of certain real property located
in Salt Lake County, parcel No. 15-25-280-001, with an approximate address of 2999
South West Temple St., South Salt Lake City, Utah 84115 (the “Property”); and
WHEREAS, South Salt Lake City (“City”) is desirous in obtaining a perpetual waterline
discharge easement (the “Perpetual Waterline Discharge Easement”) for the benefit of
City across County’s Property; and
WHEREAS, As consideration for the Perpetual Waterline Discharge Easement, City
shall pay Two Thousand Five Hundred Twenty Dollars ($2,520.00), which the Salt Lake
County Real Estate Division has determined to constitute full and adequate consideration
in exchange for the right-of-way easement; and
WHEREAS, County and City have prepared a Perpetual Waterline Discharge Easement
Purchase Agreement (“Purchase Agreement”) attached as Exhibit A hereto; and
WHEREAS, the area affected by the Perpetual Waterline Discharge Easement is more
particularly described in the Perpetual Waterline Discharge Easement Grant (hereinafter
the "Perpetual Waterline Discharge Easement Grant") attached to the Purchase
Agreement as Exhibit 1; and
WHEREAS, it has been determined that the best interests of the County and the general
public will be served by granting the Perpetual Waterline Discharge Easement to South
Salt Lake City; and
WHEREAS, the terms and conditions of the Purchase Agreement and the Perpetual
Waterline Discharge Easement are in compliance with all applicable state statues and
County ordinances.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council
that the Purchase Agreement, attached hereto as Exhibit 1 and by this reference made a
part of this Resolution, is hereby approved; and the Mayor is hereby authorized to
execute said Purchase Agreement.
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County Council
Meeting Minutes
September 15, 2026
IT IS FURTHER RESOLVED by the Salt Lake County Council that the Mayor and
County Clerk are hereby authorized consistent with the terms of the Purchase Agreement
to execute the Perpetual Waterline Discharge Easement Grant, attached as Exhibit 1 to
the Purchase Agreement, and to deliver the fully executed documents to the County Real
Estate Division for delivery to South Salt Lake City as directed by the Purchase
Agreement, upon receipt of the Purchase Price.
APPROVED and ADOPTED this 15th day of September, 2026.
SALT LAKE COUNTY COUNCIL
ATTEST
By /s/ AIMEE WINDER NEWTON
Chair
By /s/ LANNIE CHAPMAN
Salt Lake County Clerk
The vote on this consent item was approved.
4.5 Consideration of Acceptance of an Unrestricted $10,000
Donation from Michael Grass for Clark Planetarium
26-881
Attachments:
1.
10000 donation letter unrestricted
2.
Cash Donation Grass
The vote on this consent item was approved.
5.
APPROVAL OF TAX LETTERS
A motion was made by Council Member Johnson, seconded by Council Member
Theodore, that the Tax Letters be approved. The motion carried by a unanimous vote.
5.1 Veteran DMV Refunds
26-867
Attachments:
1.
26-867 MV0021 DMV Vet Refund $3,370 tw
The vote on this tax letter was approved.
5.2 DMV Refund for Exempt Entity
26-868
Attachments:
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County Council
1.
Meeting Minutes
September 15, 2026
28-868 MV0016 DMV Exempt Entity Refund $414.50 tw
The vote on this tax letter was approved.
5.3 Abatement of Personal Property Taxes Based on Audit
Findings
26-897
Attachments:
1.
26-9018 26-897 Abatement of taxes for Sunscape based on audit $521.86
tw
The vote on this tax letter was approved.
5.4 Assessor Tax Letters
26-902
Attachments:
1.
BL 33-18-226-001
The vote on this tax letter was approved.
5.5 Assessor Tax Letters
26-903
Attachments:
1.
BL 22-07-105-019 C
The vote on this tax letter was approved.
6.
APPROVAL OF COUNCIL MEETING MINUTES
6.1 Approval of August 25, 2026 County Council Minutes
26-905
Attachments:
1.
082526 Council Minutes
A motion was made by Council Member Johnson, seconded by Council Member
Theodore, that this agenda item be approved. The motion carried by a unanimous vote.
6.2 Approval of September 1, 2026 County Council Minutes
26-906
Attachments:
1.
090126 Council Minutes
A motion was made by Council Member Johnson, seconded by Council Member
Theodore, that this agenda item be approved. The motion carried by a unanimous vote.
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County Council
7.
Meeting Minutes
September 15, 2026
WORK SESSION
7.1 Informational Update on the Proposed Hire Report /
Incentive Plans - $3000 and Under / Weekly
Reclassification Report
26-904
Presenter: Hoa Nguyen, Council Budget and Policy Analyst
(Less than 5 minutes)
Informational
Attachments:
1.
Proposed Hire Report - 9-9-2026
2.
Weekly Reclassification Report 9-9-2026
3.
Incentive Plans - $3,000 and Under 9-9-2026
Ms. Hoa Nguyen, Budget & Policy Analyst, Council Office, reviewed the new hires,
reclassifications, and incentive plans.
7.2 Budget Adjustment: Parks and Recreation Requests a Net
$824,690 in Annualized Operating Funding for the New
South Jordan Competition Pool
26-898
Presenter: Hoa Nguyen, Council Budget and Policy Analyst
(Less than 5 minutes)
Discussion - Vote Needed
Attachments:
1.
39703 - PAR New Competition Pool Operating Budget
This item was pulled from the agenda.
7.3 Budget Adjustment: Public Works Requests $107,011
from Public Works Fund Balance to Reimburse Flood
Control for the Purchase of 8 Handheld and 22 Dash
Radios
26-899
Presenter: Hoa Nguyen, Council Budget and Policy Analyst
(Less than 5 minutes)
Discussion - Vote Needed
Attachments:
1.
40626 - Radio Purchases
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Ms. Hoa Nguyen, Budget & Policy Analyst, Council Office, reviewed the budget
adjustment.
Council Member Stringham asked if the money was coming from emergency fund
balance.
Ms. Nguyen stated it would come from the Public Works Department’s fund balance,
dedicated to capital purchases.
A motion was made by Council Member Stringham, seconded by Council Member
Johnson, that this agenda item be approved. The motion carried by a unanimous vote.
8.
PUBLIC HEARINGS AND ISSUANCE OF PUBLIC NOTICES
8.1 Hold a Public Hearing to Receive Comment on the
Proposed Interlocal Cooperative Agreement Between Salt
Lake County, Cottonwood Heights, and Unified Fire
Authority that Would Allow Salt Lake County to Donate
Fire Station 110 to Cottonwood Heights for Use by
Unified Fire Authority and Contribute a One-Time
Donation of $300,000.00 Toward Deferred Maintenance
Repairs
26-852
Attachments:
1.
Cottonwood Fire Station 110 NOTICE OF PUBLIC HEARING 08.25.2026
A motion was made by Council Member Stringham, seconded by Council Member
Theodore, to open the public hearing. The motion carried by a unanimous vote.
Ms. Catherine Kanter, Deputy Mayor of Regional Operations, addressed the comment
by Mr. Steve Van Maren. She stated the public notice is online as an attachment on the
agenda page.
Mr. Steve Van Maren stated he saw that and read the minutes when the hearing was
set, but he could not find an explanation of why this was needed. Cottonwood Heights
City is a member of the Unified Fire Authority and should be able to use the fire station.
He did not understand why this needed to happen.
Mayor Gay Lynn Bennion, Cottonwood Heights City, stated the Unified Fire Authority
(UFA) Fire Station 110, located on Fort Union Boulevard, near Midvale City, is one of
the busiest in the valley. Firefighters there spend twenty-five percent of their time
responding to emergencies. When other cities became cities, the County transferred the
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fire stations within their jurisdiction to them. She was not aware of the circumstances
that led the County to retain Fire Stations 110 and 116, rather than transferring them to
Cottonwood Heights. In 2021, the County replaced the roof on Fire Station 110. It also
received a federal grant that it used for seismic retrofits to both fire stations. However,
the County has been reluctant to spend general funds on these two fire stations. The
transfer of Fire Station 110 is long overdue. If the County transferred Fire Station 110 to
Cottonwood Heights, the city would ensure firefighters had better working conditions
there, and the County contribution would be used toward critical overdue maintenance.
A motion was made by Council Member Johnson, seconded by Council Member
Pinkney, to close the public hearing. The motion carried by a unanimous vote.
9.
PENDING LEGISLATIVE BUSINESS
9.1 Consideration of a Resolution of the Salt Lake County
Council Authorizing the Transfer of Fire Station 110 and
Adjoining Parcel of Real Estate from Salt Lake County to
Cottonwood Heights City
26-878
Presenter: Justin Hawes, Real Estate Division Director; Lisa Hartman,
Associate Deputy Mayor of Regional Operations
(10 minutes)
Discussion - Vote Needed
Attachments:
1.
Resolution - Fire Station 110 - transfer to Cottonwood Heights
Ms. Lisa Hartman, Associate Deputy Mayor of Regional Operations, reviewed the
resolution, stating the proposal is to transfer two properties to Cottonwood Heights – the
main property the fire station sits on and a small parcel behind it that the County saw no
value in keeping. The County maintained the building for twenty years, but there is still
$634,000 in deferred maintenance costs. The County would give Cottonwood Heights a
one-time cash payment of $300,000, which would come from the unincorporated
municipal budget, as Fire Station 110 serves unincorporated residents until July 1, 2027,
as well as Cottonwood Heights residents. This would help Cottonwood Heights get on
top of some urgent needs happening now. It was a good use of dollars. There is a
reverter clause in the interlocal agreement, whereby, if the property is not used as a fire
station or for another public purpose, it would revert to Salt Lake County.
RESOLUTION NO. 6422
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A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING THE
TRANSFER OF FIRE STATION 110 AND ADJOINING PARCEL OF REAL
ESTATE FROM SALT LAKE COUNTY TO COTTONWOOD HEIGHTS CITY
RECITALS
WHEREAS, County owns certain improved real property located at approximately 1790
East Fort Union Blvd, Cottonwood Heights, Utah 84121 (Parcel Nos. 22-21-460-004)
commonly known as Fire Station 110 (“Fire Station 110”), and a small empty parcel of
real property approximately 0.20 of an acre (Parcel No.: 22-28-203-007, the “Small
Parcel” jointly with Fire Station 110 hereinafter referred to as the “Properties”), within
Cottonwood Heights City (the “City”), and as more specifically described in the
quitclaim deeds (“Quitclaim Deeds”), attached as Exhibit B to the Interlocal Cooperation
Agreement (the “Agreement”), attached hereto as Exhibit 1, and incorporated herein by
this reference.
WHEREAS, County desires to formally transfer and convey the Properties to the City,
and the City desires to formally take and receive the Properties from County, for the
purposes of continuing to use the Properties as a fire station or for other public purpose
pursuant to the terms and conditions set forth in the Agreement and the Quitclaim Deeds.
WHEREAS, in order to effectuate the transfer of the Properties, County and City desire
to enter into the Agreement.
WHEREAS, a public hearing was held on September 15, 2026, at the County
Government Center to discuss the transfer of the Properties by Salt Lake County to
Cottonwood Heights City.
WHEREAS, it has been determined that the best interests of the County, Cottonwood 2
Heights City and the general public will be served by transferring ownership of the
Properties, and by execution of the Interlocal Cooperation Agreement and the Quitclaim
Deeds attached to this Resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council
that the transfer and conveyance of the Properties by quitclaim deeds to Cottonwood
Heights City, as provided in the Agreement is hereby approved; and the Mayor is hereby
authorized to execute the Agreement, and the Mayor and County Clerk are hereby
authorized to execute the Quitclaim Deeds, as set forth in the Agreement and to deliver
the fully executed documents to the County Real Estate Division for delivery to
Cottonwood Heights City.
APPROVED and ADOPTED this 15th day of September, 2026.
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SALT LAKE COUNTY COUNCIL
ATTEST
By /s/ AIMEE WINDER NEWTON
Chair
By /s/ LANNIE CHAPMAN
Salt Lake County Clerk
A motion was made by Council Member Stringham, seconded by Council Member
Johnson, that this agenda item be approved. The motion passed unanimously.
9.2 Consideration of a Resolution Authorizing the Issuance
and Sale of not More Than $375,000,000 Aggregate
Principal Amount of Transient Room Tax Revenue
Bonds, Series 2026 (the "Series 2026 Bonds"); Fixing the
Maximum Aggregate Principal Amount of the Series 2026
Bonds, the Maximum Number of Years Over Which the
Series 2026 Bonds may Mature, the Maximum Interest
Rate Which the Series 2026 Bonds may Bear, and the
Maximum Discount From par at Which the Series 2026
Bonds may be Sold; Delegating to Certain Officers of the
County the Authority to Approve the Final Terms and
Provisions of the Series 2026 Bonds Within the
Parameters set Forth Therein; Providing for the
Publication of a Notice of Public Hearing and Bonds to Be
Issued; Authorizing and Approving a General Indenture
and Supplemental Indenture, a Bond Purchase Contract
and Other Documents Required in Connection
Therewith; Authorizing the Taking of all Other Actions
Necessary to the Consummation of the Transactions
Contemplated by the Resolution; and Related Matters
26-882
Presenter: Darrin Casper, Deputy Mayor of Finance and Administration; Helen
Schroeder, Civil Attorney
(5 minutes)
Discussion - Vote Needed
Attachments:
1.
Letter to Council re TRT Paramaters Resolution(9-8-26)
2.
Parameters Resolution (super) - Salt Lake Co Transient Room Tax Bonds
2026
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Mr. Darrin Casper, Deputy Mayor of Finance and Administration, reviewed the
parameters resolution, authorizing the issuance and sale of Transient Room Tax Bonds
for the Salt Palace Convention Center project. This is a requirement to issue debt.
Parameter resolutions are intentionally left broad. For example, the County might expect
bond proceeds of $350 million, the interest rate to be 4 percent, and the duration of the
bonds to be 33 years; however, the parameters resolution would list bond proceeds at
$375 million, the interest rate at 7 percent, and the duration of the bonds to go beyond 33
years. The reason for that is to enable maximum flexibility for Salt Lake County, its
municipal advisor, Zions Public Finance, and the underwriter.
RESOLUTION NO. 6423
A RESOLUTION OF THE COUNTY COUNCIL OF SALT LAKE COUNTY, UTAH,
AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $375,000,000
AGGREGATE PRINCIPAL AMOUNT OF TRANSIENT ROOM TAX REVENUE
BONDS, SERIES 2026 (THE “SERIES 2026 BONDS”); FIXING THE MAXIMUM
AGGREGATE PRINCIPAL AMOUNT OF THE SERIES 2026 BONDS, THE
MAXIMUM NUMBER OF YEARS OVER WHICH THE SERIES 2026 BONDS MAY
MATURE, THE MAXIMUM INTEREST RATE WHICH THE SERIES 2026 BONDS
MAY BEAR, AND THE MAXIMUM DISCOUNT FROM PAR AT WHICH THE
SERIES 2026 BONDS MAY BE SOLD; DELEGATING TO CERTAIN OFFICERS OF
THE COUNTY THE AUTHORITY TO APPROVE THE FINAL TERMS AND
PROVISIONS OF THE SERIES 2026 BONDS WITHIN THE PARAMETERS SET
FORTH HEREIN; PROVIDING FOR THE PUBLICATION OF A NOTICE OF
PUBLIC HEARING AND BONDS TO BE ISSUED; AUTHORIZING AND
APPROVING A GENERAL INDENTURE AND SUPPLEMENTAL INDENTURE, A
BOND PURCHASE CONTRACT AND OTHER DOCUMENTS REQUIRED IN
CONNECTION THEREWITH; AUTHORIZING THE TAKING OF ALL OTHER
ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS
CONTEMPLATED BY THIS RESOLUTION; AND RELATED MATTERS.
WHEREAS, the County Council (the “Council”) of Salt Lake County, Utah (the
“County”) desires to (a) finance the cost of acquiring, remodeling, and/or constructing
various buildings and transportation infrastructure for tourism purposes and related
purchases, renovations and or capital projects (collectively, the “Series 2026 Project”),
(b) fund any required deposit to a debt service reserve fund, and (c) pay costs of issuance
with respect to the Series 2026 Bonds herein described; and
WHEREAS, to accomplish the purposes set forth in the preceding recital, and subject to
the limitations set forth herein, the County desires to issue the Series 2026 Bonds, to be
issued from time to time as one or more series and with such other series or title
designation(s) as may be determined by the County, pursuant to (a) the Local
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Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended
(the “Act”), (b) this Resolution, and (c) a General Indenture of Trust (the “General
Indenture”) and a Supplemental Indenture of Trust to be entered into in connection with
the Series 2026 Bonds (the “Supplemental Indenture” and together with the General
Indenture, the “Indenture”), with such Indenture in substantially the form attached hereto
as Exhibit C; and
WHEREAS, the Act provides that prior to issuing bonds for project purposes, an issuing
entity must (a) give notice of its intent to issue such Bonds and (b) hold a public hearing
to receive input from the public with respect to (i) the issuance of the Series 2026 Bonds
and (ii) the potential economic impact that the improvement, facility or property for
which the Series 2026 Bonds pay all or part of the cost will have on the private sector;
and
WHEREAS, the County desires to hold a public hearing for this purpose and authorize
publication of a notice of such hearing with respect to the Series 2026 Bonds, and to
further authorize the publication of a notice of bonds to be issued, in compliance with the
Act; and
WHEREAS, pursuant to Sections 11-14-316, and 11-14-318 of the Act, the Notice of
Public Hearing and Bonds to be Issued shall (a) constitute the notice of intent to issue
bonds and (b) initiates a 30-day contestability period in which any person of interest may
contest the issuance of the Series 2026 Bonds; and
WHEREAS, the Council desires to (a) authorize the use and distribution of a Preliminary
Official Statement (the “Preliminary Official Statement”) in substantially the form
attached hereto as Exhibit D, (b) approve a final Official Statement (the “Official
Statement”) in substantially the form as the Preliminary Official Statement, (c) authorize
and approve a form of Continuing Disclosure Undertaking in substantially the form
attached to the Preliminary Official Statement, and (d) authorize and approve all other
documents relating thereto; and
WHEREAS, there has been presented to the Council at this meeting a form of a bond
purchase contract (the “Bond Purchase Contract”), in substantially the form attached
hereto as Exhibit E to be entered into between the County and the underwriter or
purchaser (the “Underwriter/Purchaser”) selected by the hereinafter described
Designated Officers; and
WHEREAS, in order to allow the County, in consultation with the County’s municipal
advisor, Zions Public Finance Inc., flexibility in setting the pricing date of the Series
2026 Bonds, the Council desires to grant to the Mayor, the Deputy Mayor of Finance
and Chief Financial Officer, and the Deputy Mayor and Chief Administrative Officer
(collectively, the “Designated Officers”), the authority to (a) determine whether all or a
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portion of the Series 2026 Bonds should be sold pursuant to a private placement or
public offering, (b) select the Underwriter/Purchaser, (c) approve the method of sale,
principal amounts, interest rates, terms, pledged revenues, maturities, redemption
features, and purchase price at which the Series 2026 Bonds shall be sold, and (d) make
any changes with respect thereto from those terms which were before the Council at the
time of adoption of this Resolution, provided such terms do not exceed the parameters
set forth for such terms in this Resolution (the “Parameters”);
NOW, THEREFORE BE IT RESOLVED by the County Council of Salt Lake County,
Utah, as follows:
Section 1. For the purpose of (a) financing the Series 2026 Project, (b) funding a deposit
to a debt service reserve fund, if necessary, and (c) paying costs of issuance of the Series
2026 Bonds, the County hereby authorizes the issuance of a series of bonds which shall
be designated “Salt Lake County, Utah Transient Room Tax Revenue Bonds, Series
2026” (to be issued from time to time as one or more series and with such other series or
title designation(s) as may be determined by the County) in the aggregate principal
amount of not to exceed $375,000,000. The Series 2026 Bonds shall mature in not more
than thirty-six (36) years from their date or dates, shall be sold at a price not less than
ninety-seven percent (97%) of the total principal amount thereof, shall bear interest at a
rate or rates of not to exceed seven percent (7.0%) per annum, as shall be approved by
the Designated Officers all within the Parameters set forth herein.
Section 2. The General Indenture and the Supplemental Indenture and the Bond
Purchase Contract, in substantially the forms presented to this meeting and attached
hereto as Exhibit C and Exhibit E, respectively, are hereby authorized, approved, and
confirmed. The Mayor (together with any Deputy Mayor, the “Mayor”) and County
Clerk (together with any deputy County Clerk, the “County Clerk”) are hereby
authorized to execute and deliver the Supplemental Indenture and the Bond Purchase
Contract in substantially the forms and with substantially the content as the forms
presented at this meeting for and on behalf of the County, with final terms as may be
established by the Designated Officers within the Parameters set forth herein, and with
such alterations, changes or additions as may be necessary or as may be authorized by
Section 4 hereof.
Section 3. If the Series 2026 Bonds are publicly sold, the Council hereby authorizes the
utilization and distribution of the Preliminary Official Statement, in the form attached
hereto as Exhibit D in the marketing of the Series 2026 Bonds and hereby approves the
Official Statement in substantially the same form as the Preliminary Official Statement.
The Council further authorizes the Designated Officers to execute a Continuing
Disclosure Undertaking in substantially the form attached to the Preliminary Official
Statement that is deemed final.
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Section 4. The Designated Officers are hereby authorized to determine whether all or a
portion of the Series 2026 Bonds should be sold pursuant to a private placement or
public offering, to select the Underwriter/Purchaser, and to specify and agree as to the
final principal amounts, terms, discounts, maturities, interest rates, redemption features,
and purchase price with respect to the Series 2026 Bonds for and on behalf of the
County, provided that such terms are within the Parameters set by this Resolution.
Section 5. The Designated Officers or other appropriate officials of the County are
authorized to make any alterations, changes or additions to the Indenture, the Series
2026 Bonds, the Bond Purchase Contract, the Preliminary Official Statement, the
Official Statement, or any other document herein authorized and approved which may be
necessary to conform the same to the final terms of the Series 2026 Bonds (within the
Parameters), to correct errors or omissions therein, to complete the same, to remove
ambiguities therefrom, or to conform the same to other provisions of said instruments, to
the provisions of this Resolution or any resolution adopted by the Council or the
provisions of the laws of the State of Utah or the United States. The execution thereof by
the Mayor or Designated Officer on behalf of the County of the documents approved
hereby shall conclusively establish such necessity, appropriateness, and approval with
respect to all such additions, modifications, deletions, and changes incorporated therein.
Section 6. The form, terms, and provisions of the Series 2026 Bonds and the provisions
for the signatures, authentication, payment, registration, transfer, exchange, redemption,
and number shall be as set forth in the Indenture. The Mayor and the County Clerk are
hereby authorized and directed to execute and seal the Series 2026 Bonds and to deliver
said Series 2026 Bonds to the trustee for authentication. The signatures of the Mayor and
the County Clerk may be by facsimile or manual execution. The Series 2026 Bonds shall
recite that the Series 2026 Bonds are issued under the authority of the Constitution of the
State of Utah, the Act, and other applicable law.
Section 7. The Designated Officers or other appropriate officials of the County are
hereby authorized and directed to execute and deliver to the trustee the written order of
the County for authentication and delivery of the Series 2026 Bonds in accordance with
the provisions of the Indenture.
Section 8. Upon their issuance, the Series 2026 Bonds will constitute special, limited
obligations of the County payable solely from and to the extent of the sources set forth in
the Series 2026 Bonds and the Indenture. No provision of this Resolution, the Indenture,
the Series 2026 Bonds, or any other instrument, shall be construed as creating a general
obligation of the County, or of creating a general obligation of the State of Utah or any
political subdivision thereof, or as incurring or creating a charge upon the general credit
of the County or its taxing powers.
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Section 9. The Designated Officers and other appropriate officials of the County, and
each of them, are hereby authorized and directed to execute and deliver for and on behalf
of the County any or all additional certificates, documents and other papers and to
perform all other acts they may deem necessary or appropriate in order to implement and
carry out the matters authorized in this Resolution and the documents authorized and
approved herein.
Section 10. After the Series 2026 Bonds are delivered by the trustee to the
Underwriter/Purchaser and upon receipt of payment therefor, this Resolution shall be
and remain irrepealable until the principal of, premium, if any, and interest on the Series
2026 Bonds are deemed to have been duly discharged in accordance with the terms and
provisions of the Indenture.
Section 11. In accordance with the provisions of the Act, the County directs its officers
and staff to cause a “Notice of Public Hearing and Bonds to be Issued” (the “Notice”), to
be published in substantially the form attached hereto as Exhibit B. The County shall
hold a public hearing on October 6, 2026 to receive input from the public with respect to
the issuance of the Series 2026 Bonds and the potential economic impact that the
improvements to be financed with the proceeds of the Series 2026 Bonds will have on
the private sector, which hearing date shall not be less than fourteen (14) days after the
Notice is published (a) as a Class A notice under Section 63G-30-102 Utah Code
Annotated 1953, as amended (“Utah Code”) (i) on the Utah Public Notice Website
created under Section 63A-16-601, Utah Code, (ii) on the County’s official website, and
(iii) in a public location within the County that is reasonably likely to be seen by
residents of the County and (b) as required in Section 45-1-101, Utah Code. The County
Clerk shall cause a copy of this Resolution (together with all exhibits hereto) to be kept
on file in the office of the County Clerk, for public examination during the regular
business hours of the County until at least thirty (30) days from and after the initial date
of publication thereof.
Section 12. The County hereby reserves the right to opt not to issue the Series 2026
Bonds for any reason.
Section 13. All resolutions or parts thereof in conflict herewith are, to the extent of such
conflict, hereby repealed and this Resolution shall be in full force and effect immediately
upon its approval and adoption.
Section 14. The County hereby declares its intention and reasonable expectation to use
proceeds of tax-exempt bonds to reimburse itself for initial expenditures for costs of the
Series 2026 Project. The Series 2026 Bonds are to be issued, and the reimbursements
made, by the later of 18-months after the payment of the costs or after the Series 2026
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Project is placed in service, but in any event, no later than three years after the date the
original expenditure was paid. The maximum principal amount of the Series 2026 Bonds
which will be issued to finance the reimbursed costs of the Series 2026 Project is not
expected to exceed $375,000,000.
APPROVED AND ADOPTED this SEPTEMBER 15, 2026.
SALT LAKE COUNTY COUNCIL
ATTEST
By /s/ AIMEE WINDER NEWTON
Chair
By /s/ LANNIE CHAPMAN
Salt Lake County Clerk
A motion was made by Council Member Johnson, seconded by Council Member
Pinkney, that this agenda item be approved. The motion carried by a unanimous vote.
9.3 Consideration of a Resolution of the Salt Lake County
Council Formally Initiating Proceedings Under Utah
Code Ann. § 17-79-803(1)(a)(ii)(B) to Amend the Salt
Lake County Code of Ordinances to Address Data
Centers, Data Center Power Plants, and Associated
Infrastructure as Land Uses Within the Unincorporated
Areas of Salt Lake County
26-885
Presenter: Aimee Winder Newton, Salt Lake County Council Chair; Natalie
Pinkney, Salt Lake County Council Member
(15 minutes)
Discussion - Vote Needed
Attachments:
1.
Data Center Resolution Final (Revised)_RAFL
Council Member Winder Newton stated last month the Council discussed making
some changes to its zoning ordinance to pause data center development and reset its
policies on data centers in unincorporated areas, which are limited to the canyons. This
resolution initiates that process.
Council Member Pinkney stated the Planning Commission, Mountainous Planning
Commission, and public will be included in the process.
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Council Member Johnson stated technology overlords acknowledge artificial
intelligence (AI) programs and development pose existential risks to society because
they do not know where this technology could go. This is an opportunity for government
to step in and slow down artificial intelligence, using regulation for what it is designed
for, while figuring out the best policy. Although progress is important for society, it is
also important to acknowledge that this type of technology has serious downsides that
need to be factored in. Data centers in other parts of the state use a lot of water and
unclean energy, and they pose a serious risk to the water that is available in a state where
there is not enough water for the community to thrive and for the Great Salt Lake.
RESOLUTION NO. 6424
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL FORMALLY
INITIATING PROCEEDINGS UNDER UTAH CODE ANN. § 17-79- 803(1)(a)(ii)(B)
TO AMEND THE SALT LAKE COUNTY CODE OF ORDINANCES TO ADDRESS
DATA CENTERS, DATA CENTER POWER PLANTS, AND ASSOCIATED
INFRASTRUCTURE AS LAND USES WITHIN THE UNINCORPORATED AREAS
OF SALT LAKE COUNTY
WHEREAS, pursuant to Utah Code, Title 17, Chapter 79, County Land Use,
Development, and Management Act, the Salt Lake County Council is authorized to
adopt land use regulations to promote the health, safety, and general welfare of the
public for the unincorporated areas of Salt Lake County; and
WHEREAS, Utah Code Ann. § 17-79-803(1)(a)(ii)(B) provides that an applicant is not
entitled to approval of a land use application if, before the applicant submits the
application, the county formally initiates proceedings to amend the county’s land use
regulations in a manner that would prohibit approval of the application as submitted, and
that the county shall process such applications without regard to the initiated proceedings
if one hundred eighty (180) days have passed since the county initiated the proceedings
without resulting in an enactment that prohibits approval of the application as submitted;
and
WHEREAS, Salt Lake County’s remaining unincorporated areas are largely in the
canyons and the feasibility of data centers and their potential impact on water, energy,
and canyon infrastructure in those areas have not yet been examined through the land use
process; and
WHEREAS, multiple Utah counties and municipalities, including Box Elder County,
Iron County, and Cache County, have enacted temporary land use regulations or
moratoriums on data center development in 2026 in recognition of substantially similar
concerns regarding water, power, infrastructure, and land use compatibility, reflecting a
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statewide pattern of local governments recognizing the inadequacy of existing regulatory
frameworks to address the unique impacts of this rapidly expanding land use; and
WHEREAS, the Salt Lake County Council has determined that the current provisions of
the Salt Lake County Code of Ordinances governing land use and associated
development within the unincorporated areas of the county do not contain necessary
definitions, development standards, zone regulations, conditional use criteria, or overlay
zones to properly manage, mitigate, or regulate the siting, construction, or operation of
utility-scale data centers, data center power plants, or associated high-intensity electrical
and fuel infrastructure; and
WHEREAS, the Salt Lake County Council desires to request county staff, the District
Attorney’s office, and the Salt Lake County Planning Commission and the Mountainous
Planning District Planning Commission to study, prepare, and draft a comprehensive
land use code text amendment to properly define, regulate, or prohibit data centers, data
center power plants, and their associated high-intensity electrical and fuel infrastructure
as land uses in unincorporated Salt Lake County; and
WHEREAS, the Salt Lake County Council finds that this resolution is in the best interest
of Salt Lake County and its residents;
NOW THEREFORE, be it resolved by the Salt Lake County Council that:
SECTION I. Definitions. As used in this resolution, the following terms and phrases
shall have the meanings ascribed to them in this section:
A. “Data center” means real and personal property consisting of a building or group of
buildings or structures specifically designed or modified to house networked computers,
data, data processing equipment, transaction processing equipment, and related
infrastructure support equipment, including but not limited to any of the following: (1)
high-density power distribution; (2) cooling and thermal management systems; (3)
emergency backup power generation and fuel storage; and (4) electrical substations.
B. “Data center power plant” means a utility-scale facility that generates electric power
primarily for consumption by one or more data centers, which facility may store,
transmit, and/or distribute electric power by any combination of energy storage, solar
energy, thermal energy, or other power conversion technology, including but not limited
to hydrocarbon-based fuels, geothermal wells, wind energy systems, or nuclear fuel
systems, for the primary purpose of supplying power to such data center or data centers.
C. “Digital infrastructure” means that electrical, energy, fuel, transmission, or
distribution infrastructure that is used to directly support data center development,
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including but not limited to those fiber optic cable conduits, high-voltage transmission
lines, substations, and/or fuel transmission and distribution lines that are used to directly
support a data center and/or a data center power plant.
SECTION II. Formal Initiation of Proceedings. Pursuant to its role as the legislative land
authority for unincorporated Salt Lake County, and consistent with the County Land Use
Management and Development Act, including the more specific provisions of Utah Code
Ann. § 17-79-803(1)(a)(ii)(B), the Salt Lake County Council hereby formally initiates
proceedings to amend the Salt Lake County Code of Ordinances, Title 19, to properly
define, regulate, or prohibit data centers, data center power plants, and associated digital
infrastructure as land uses within the unincorporated areas of Salt Lake County. The
contemplated amendments may include, but are not limited to, the adoption of
definitions for data centers and related uses; conditional use permit requirements and
standards, or prohibition of such uses in some or all zones; water consumption thresholds
and impact assessment requirements; power infrastructure and utility coordination
standards; noise, visual compatibility, and environmental mitigation standards; and such
other zoning and development regulations as the planning commissions and the Council
determine are necessary and appropriate to address the unique land use impacts of
utility-scale data center development.
SECTION III. Study and Drafting. To accomplish the purposes of this resolution, the
Salt Lake County Council hereby requests Council staff, county planning staff, and the
District Attorney’s office to immediately study, prepare, and draft a comprehensive land
use code text amendment to properly define, regulate, or prohibit data centers, data
center power plants, and their associated high-intensity electrical and fuel infrastructure
as land uses in unincorporated Salt Lake County. The study and drafting process shall
comprehensively evaluate and explore all available options, regulatory frameworks,
zoning tools, and development standards allowed under Utah law, including but not
limited to the establishment of conditional use permit requirements, the potential
creation of special overlay zones, new zoning classifications, legislative zoning
procedures, utility consumption thresholds, water supply impact assessment
requirements, and objective development standards designed to prevent adverse
environmental, infrastructure, and community impacts.
SECTION IV. Planning Commission Review. County planning staff and the District
Attorney’s office shall present the proposed ordinance to the Salt Lake County Planning
Commission and the Mountainous Planning Commission for review, public hearing, and
recommendation, consistent with Utah Code Ann. §§ 17-79-502 and 17-79-503 and Salt
Lake County Code § 19.90.010 et seq., which is the manner provided by local ordinance
for bringing proceedings to amend the county’s land use regulations, with this
Resolution formally initiating those proceedings. The planning commissions shall
present their recommended draft text amendments to the Salt Lake County Council for
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legislative consideration within one hundred fifty (150) days of the effective date of this
resolution.
SECTION V. Vesting Limitation. The Salt Lake County Council hereby finds that,
pursuant to Utah Code Ann. § 17-79-803(1)(a)(ii)(B), any land use application for a data
center, data center power plant, or digital infrastructure submitted to Salt Lake County
after the adoption of this resolution is not entitled to approval under the land use
regulations currently in effect. This finding shall apply for a period of one hundred
eighty (180) days from the effective date of this resolution, consistent with the
provisions of Utah Code Ann. § 17-79-803(1)(b). Any such application shall be
processed and evaluated in accordance with the land use regulations adopted through the
proceedings initiated by this resolution; provided that, consistent with Utah Code Ann. §
17-79- 803(1)(b), if one hundred eighty (180) days have passed since the adoption of this
resolution without the enactment of an ordinance that prohibits approval of an
application as submitted, the county shall process such application without regard to the
proceedings initiated by this resolution.
SECTION VI. Severability. Should any section, subsection, sentence, clause, phrase, or
portion of this resolution be declared invalid, unconstitutional, or unenforceable by a
court of competent jurisdiction, such judicial decision shall not affect the validity or
enforceability of the remaining portions of this resolution, which shall remain in full
force and effect.
SECTION VII. Effective Date. This resolution shall take effect immediately upon its
adoption by the Salt Lake County Council.
ADOPTED AND APPROVED this 15th day of September, 2026.
SALT LAKE COUNTY COUNCIL
ATTEST
By /s/ AIMEE WINDER NEWTON
Chair
By /s/ LANNIE CHAPMAN
Salt Lake County Clerk
A motion was made by Council Member Stringham, seconded by Council Member
Pinkney, that this agenda item be approved. The motion carried by a unanimous vote.
9.4 Consideration of a Resolution of the Salt Lake County
Council Amending Section 18.3.2 of Salt Lake
Countywide Policy 1350 (Vehicle Policy) to Authorize
26-886
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Delegation of Signatory Authority for Mileage
Reimbursement Approvals
Presenter: Aimee Winder Newton, Salt Lake County Council Chair
(Less than 5 minutes)
Discussion - Vote Needed
Attachments:
1.
Vehicle Policy Amendment Resolution(RAFL)
Council Member Winder Newton reviewed the resolution, which came about after the
Auditor flagged a discrepancy between County policy and County practice. This
resolution addresses that discrepancy.
RESOLUTION NO. 6425
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL
AMENDING SECTION 18.3.2 OF SALT LAKE COUNTYWIDE
POLICY 1350 (VEHICLE POLICY) TO AUTHORIZE DELEGATION
OF SIGNATORY AUTHORITY FOR MILEAGE REIMBURSEMENT
APPROVALS
WHEREAS, on June 3, 2025, the Salt Lake County Council adopted Countywide Policy
1350 (Vehicle Policy), Section 18.3.2 of which requires that Auto Mileage Report forms
be signed by the elected official, department director, or division director that supervises
the person seeking reimbursement; and
WHEREAS, the Auditor’s Office Audit Division has identified a discrepancy between
Section 18.3.2 of Policy 1350, which does not authorize delegation of signatory
authority, and the 2026 Auto Mileage Reimbursement Form issued by Human
Resources, which permits a designee to sign on behalf of an elected official, department
head, or division director; and
WHEREAS, many County departments and divisions are sufficiently large that requiring
a single elected official, department director, or division director to personally sign all
mileage reimbursement forms is impractical, and the delegation of this ministerial
approval function to a designee reflects longstanding County practice and promotes
administrative efficiency without diminishing fiscal oversight; and
WHEREAS, Countywide Policy 1350 is currently under comprehensive review by a
working group of the Fleet Management Board, and the Salt Lake County Council finds
it appropriate to address this discrete discrepancy by resolution in the interim rather than
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undertake a standalone amendment and republication of a policy that is subject to a
pending holistic revision;
NOW THEREFORE, be it resolved by the Salt Lake County Council that:
1) Amendment to Section 18.3.2. Section 18.3.2 of Salt Lake Countywide Policy 1350
(Vehicle Policy) is hereby amended to read as follows:
18.3.2 Persons seeking reimbursement must submit an Auto Mileage
Report form to their organization’s payroll coordinator. The form must be
signed by the elected official, department director, or division director that
supervises the person seeking the reimbursement, or by a designee
authorized by such official or director. The relevant fiscal manager must
review each submission prior to a reimbursement being received.
2) Publication. A copy of this amendment shall be appended to the copy of Countywide
Policy 1350 that is published on Salt Lake County’s website, and shall remain in effect
until such time as Policy 1350 is formally amended by future action of the Council.
3) Effective Date. This resolution shall take effect immediately upon its adoption by the
Salt Lake County Council.
ADOPTED AND APPROVED this 15th day of September, 2026.
SALT LAKE COUNTY COUNCIL
ATTEST
By /s/ AIMEE WINDER NEWTON
Chair
By /s/ LANNIE CHAPMAN
Salt Lake County Clerk
A motion was made by Council Member Stringham, seconded by Council Member
Johnson, that this agenda item be approved. The motion carried by a unanimous vote.
9.5 First Reading of an Ordinance of the Legislative Body of
Salt Lake County, Utah, Amending Sections 2.07.201 and
2.07.203 of the Salt Lake County Code of Ordinances
2001, and Enacting Section 2.07.211 to Clarify and
Modernize Conflict of Interest Disclosure Requirements
for County Officers, Employees, and Representatives,
Including Annual Disclosure Requirements and
26-884
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Disclosure of Service on Outside Boards and Governing
Bodies; Repealing Countywide Policy 1430 (Professional
Ethics and Conflict of Interest) as Superseded by State
Law and County Ordinance; and Providing for an
Effective Date
Presenter: Aimee Winder Newton, Salt Lake County Council Chair
(5 minutes)
Discussion - Vote Needed
Attachments:
1.
Ethics Code Amendments(RAFL)
Council Member Winder Newton reviewed the ordinance, stating this came about
because the Auditor flagged an ambiguity in County policy regarding interest disclosure
requirements. This ordinance clarifies and cleans up the disclosure requirements.
Council Member Johnson stated this change does not loosen the County’s ethics
standards. This repeals Countywide Policy 1430, which was just a rehash of regulations
that already existed in ordinance and statute.
Council Member Stringham stated there was a lot of ambiguity in the policy. This
resolves the ambiguity and makes it easier to know what must be disclosed.
A motion was made by Council Member Johnson, seconded by Council Member
Stringham, that this agenda item be forwarded to the September 22, 2026, Council
meeting for final consideration. The motion carried by a unanimous vote.
9.6 Final Adoption of an Ordinance of the Legislative Body of
Salt Lake County, Utah, Amending Sections 3.36.015 and
3.36.030 of the Salt Lake County Code of Ordinances,
2001, to Increase the Valuation Threshold for Significant
Parcels of Real Property and to Modernize Public Notice
Requirements for Dispositions of Significant Parcels of
Real Property
26-851
Presenter: Justin Hawes, Real Estate Director
(Less than 5 minutes)
Discussion - Vote Needed
Attachments:
1.
Amend Real Estate Notice Ordinance - 08.24.2026
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Mr. Justin Hawes, Director, Real Estate Section, reviewed the ordinance, which
modernizes public notice requirements by removing the requirement to publish in a
newspaper. The public notice would still need to be posted on the Utah Public Notice
Website. The ordinance also increases the valuation threshold of a significant parcel of
real property from $250,000 to $500,000, which is in line with current real estate
valuations.
ORDINANCE NO. 1960
REAL PROPERTY DISPOSITION AMENDMENTS AN ORDINANCE OF THE
LEGISLATIVE BODY OF SALT LAKE COUNTY, UTAH, AMENDING SECTIONS
3.36.015 AND 3.36.030 OF THE SALT LAKE COUNTY CODE OF ORDINANCES,
2001, TO INCREASE THE VALUATION THRESHOLD FOR SIGNIFICANT
PARCELS OF REAL PROPERTY AND TO MODERNIZE PUBLIC NOTICE
REQUIREMENTS FOR DISPOSITIONS OF SIGNIFICANT PARCELS OF REAL
PROPERTY
The County Legislative Body of Salt Lake County ordains as follows:
SECTION I. The amendments made herein are designated by underlining the new
substituted words. Words being deleted are designated by brackets and strike-through.
SECTION II. Section 3.36.015, of the Salt Lake County Code of Ordinances, 2001 is
hereby amended to read as follows:
3.36.015 – Definitions. For the purposes of this chapter, the following definitions apply:
A. “County agency” means any department, division, elected office, or other subdivision
of county government.
B. “Full and adequate consideration” means consideration for a piece of real property
that is at least reasonably proximate to the real property’s fair market value. Such
consideration may be other than monetary.
C. “Improvements” mean buildings and other structures permanently affixed to real
property.
D. “Public hearing” means any special or regularly scheduled meeting of the county
council, at which all persons interested in the hearing’s subject may appear and be heard.
E. “Real estate manager” means the director of the county’s real estate division, who is
responsible for the disposition of surplus county real property.
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F. “Real property” means land and improvements thereon.
G. “Significant parcel of real property” means real property valued in excess of [two
hundred fifty thousand] five hundred thousand dollars.
H. “Surplus real property” means real property that is no longer needed by any county
agency for the performance of its duties.
SECTION III. Section 3.36.030, of the Salt Lake County Code of Ordinances, 2001 is
hereby amended to read as follows:
3.36.030 – Disposal of real property—Methods.
A. Subject to the conditions set forth herein, the real estate division shall have discretion
over the disposition and manner of disposition of real property in accordance with the
best interests of county government, the protection of the people of the county, and good
property-management techniques; provided, however, no such disposition shall be
finalized without the approval of the council.
1. The disposition of real property, or of the interests enumerated in Section
3.36.020, shall be by any lawful manner or means, including:
a. Sale;
b. Exchange;
c. Option to purchase;
d. Lease (subject to subsection 5 below).
2. Dispositions shall not be for less than a full and adequate consideration unless
otherwise permitted by law.
3. Proposed dispositions of significant parcels of real property require a public
hearing. Public notice shall be given of any public hearing to dispose of a
significant parcel of real property. This notice shall contain the date, time and
place of the hearing, a statement of the purpose of the hearing, and, for the
purposes of this chapter, a description of the real property or the interest therein to
be disposed. [Pursuant to Utah Code 17-50-312, such] Such notice shall be
published prior to the hearing on the Utah Public Notice Website [, as well as at
least once in a newspaper in general circulation in the county,] as provided by
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Utah statute, and the hearing shall not be held sooner than fourteen days after the
publication of the notice thereof.
4. The mayor and real estate division shall notify the county council of their
recommended manner and method of disposition for significant parcels of real
property.
5. The following leases shall be treated as dispositions for the purposes of this
chapter:
a. Leases of significant parcels of real property;
b. Leases with terms of twenty years or longer;
c. Leases of real property below the real property’s fair market lease value.
6. All other leases shall be managed by the real estate division. (Ord. No. 1857, §
II, 9-17-2019)
SECTION IV. This ordinance shall become effective fifteen (15) days after its passage
and upon at least one publication in the Utah Public Notice Website.
APPROVED and ADOPTED this 15th day of September, 2026.
SALT LAKE COUNTY COUNCIL
ATTEST
By /s/ AIMEE WINDER NEWTON
Chair
By /s/ LANNIE CHAPMAN
Salt Lake County Clerk
A motion was made by Council Member Johnson, seconded by Council Member
Theodore, that this agenda item be approved. The motion carried by a unanimous vote.
10. OTHER ITEMS REQUIRING COUNCIL APPROVAL
11. PROCLAMATIONS, MEMORIALS, AND OTHER CEREMONIAL OR
COMMEMORATIVE MATTERS
11. Proclamation Honoring Constitution Day and Citizenship
1 Day
26-873
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Presenter: Jenny Wilson, Salt Lake County Mayor
(5 minutes)
Informational
Attachments:
1.
Proclamation Honoring Constitution Day and Citizenship Day
Mr. Joseph Genda, New American and Refugee Liaison, Office for New Americans,
read the proclamation.
PROCLAMATION
WHEREAS, on September 17, 1787, the delegates to the Constitutional Convention
signed the Constitution of the United States, creating a plan of self-government that has
guided this nation for 239 years; and
WHEREAS, Congress designated September 17 as Constitution Day and Citizenship
Day, a single observance that honors both the founding document and the people who
govern themselves under it; and
WHEREAS, the nation marks the 250th anniversary of the Declaration of Independence
in 2026, and Salt Lake County joins communities across America in using this milestone
to study the founding, teach the Constitution, and renew the habits of self-government;
and
WHEREAS, this day provides an opportunity for all Americans to reflect upon the
principles of our Constitution, the privileges and responsibilities of citizenship, and the
important role that civic participation plays in strengthening our communities and our
democracy; and
WHEREAS, Salt Lake County recognizes the determination, resilience, and
contributions of immigrants and new Americans who enrich our communities,
strengthen our workforce, contribute to our economy, and help make Salt Lake County a
vibrant place to live, work, and raise families; and
WHEREAS, lawful permanent residents who are eligible for naturalization make
significant contributions to the communities in which they live, and access to accurate
information, educational resources, and trusted legal services can help eligible residents
confidently navigate the naturalization process; and
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WHEREAS, naturalization provides an important pathway for eligible residents to
participate fully in civic life, exercise the rights and responsibilities of U.S. citizenship,
strengthen their families, and contribute to the future of their communities; and
WHEREAS, Salt Lake County recognizes the important role of community
organizations, service providers, citizenship educators, community navigators,
volunteers, and other partners who provide information, education, and assistance to
residents pursuing U.S. citizen ship; and
WHEREAS, Citizenship Day offers an opportunity to celebrate the many ways that
immigrants and naturalized citizens contribute to Salt Lake County and to reaffirm our
shared commitment to the constitutional principles, civic responsibilities, and
opportunities that unite us as Americans.
WHEREAS, citizenship in this country comes to some by birth and to others by choice,
and each year residents of Salt Lake County take the oath of naturalization and accept
the same constitutional duties asked of every citizen; and
NOW, THEREFORE, I, Jenny Wilson, Mayor of Salt Lake County, do hereby proclaim
September 17, 2026, as "CONSTITUTION DAY AND CITIZENSHIP DAY" in Salt
Lake County, Utah, and call upon all residents to join in commemorating this day by
learning about the rights and responsibilities of U.S. citizenship, supporting eligible
residents on their path to naturalization.
SALT LAKE COUNTY
Proclamation
encouraging civic participation, and celebrating the contributions of new Americans who
help strengthen our communities and our nation and to support neighbors who are
working toward citizenship.
Constitution Day and Citizenship Day
Dated this Ist day of September 2026.
Jenny Wilson Salt Lake County Mayor
11. Proclamation Recognizing September as Childhood
2 Cancer Awareness Month
26-901
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Presenter: Aimee Winder Newton, Salt Lake County Council Chair; Dea
Theodore, Salt Lake County Council Member
(Less than 5 minutes.)
Informational
Attachments:
1.
Childhood Cancer Awareness Month
Council Member Winder Newton stated she has a daughter who was diagnosed with
brain cancer when she was two years old. She had a brain tumor and went through two
brain surgeries and years of rehabilitation.
Council Member Theodore read the proclamation.
Proclamation Recognizing September as Childhood Cancer Awareness Month
WHEREAS, childhood cancer is the leading cause of death by disease among children in
the United States, with approximately 16,000 children and adolescents under the age of
20 are diagnosed with cancer in the United States; and
WHEREAS, despite remarkable advances in treatment, more than 1,500 children in the
United States still lose their lives to cancer each year; and
WHEREAS, childhood cancers are fundamentally different from adult cancers, yet
pediatric cancer research receives only approximately 4% of the National Cancer
Institute's cancer research funding; and
WHEREAS, for decades, few cancer drugs have been specifically developed and
approved for children, and many children must rely on treatments originally developed
for adults; and
WHEREAS, patients face lifelong physical, emotional, and financial challenges resulting
from their diagnosis and treatment, while their families endure months or years of
hospitalizations, difficult treatments, emotional hardship, and significant financial
burdens; and
WHEREAS, physicians, nurses, researchers, first responders, nonprofit organizations,
and countless volunteers work tirelessly to advance research, improve treatments,
provide care, and offer hope to those affected by childhood cancer; and
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WHEREAS, advances in childhood cancer survival have been made possible through
decades of research, innovation, and clinical trials, yet cancer remains the leading cause
of disease-related death among children; and
WHEREAS, Childhood Cancer Awareness Month provides an opportunity to honor the
Salt Lake County children who are courageously fighting cancer, remember those whose
lives have been lost, celebrate survivors, and recognize the families, caregivers,
healthcare professionals, and researchers; and
NOW, THEREFORE, BE IT PROCLAIMED that the Salt Lake County Council hereby
recognizes September as Childhood Cancer Awareness Month in Salt Lake County and
encourages all residents to:
• Wear gold, the official color of Childhood Cancer Awareness, throughout
September.
• Support organizations dedicated to pediatric cancer research and family
assistance.
• Honor the strength and resilience of children battling cancer and remember those
whose lives have been lost.
• Raise awareness of the importance of continued research to ultimately find cures.
ADOPTED this 15th day of September, 2026, by the Salt Lake County Council.
Council Member Theodore stated she has a friend who had an infant with cancer. The
child had a tough time fighting the cancer, but is miraculously alive, thriving, and
functioning like other children.
11. Proclamation Honoring September 11th Day of
3 Remembrance – 25th Anniversary
26-904
Presenter: Carlos Moreno, Salt Lake County Council Member; Aimee Winder
Newton, Salt Lake County Council Chair
(Less than 5 minutes)
Informational
Attachments:
1.
Resolution_ September 11th Day of Remembrance
Proclamation: September 11th Day of Remembrance – 25th Anniversary
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WHEREAS, on September 11, 2001, our nation experienced the deadliest terrorist attack
on American soil, forever changing the course of our country and leaving an indelible
mark on generations of Americans; and
WHEREAS, twenty-five years later, we remember the nearly 3,000 innocent people who
lost their lives at the World Trade Center, the Pentagon, and Shanksville, Pennsylvania,
and we honor the families, friends, and communities who continue to carry their memory
and their loss; and
WHEREAS, we remember the firefighters, law enforcement officers, emergency
medical personnel, military personnel, and other first responders who ran toward danger
while others fled, many making the ultimate sacrifice in service to others; and
WHEREAS, we remember the extraordinary courage of the passengers and crew of
Flight 93, who, through their selfless actions in the face of unimaginable danger,
prevented further loss of life and stand as a lasting symbol of American resolve; and
WHEREAS, we honor the countless acts of courage and selflessness displayed by
ordinary Americans who opened their homes, gave blood, volunteered their time,
comforted strangers, and came together to help one another in a moment of profound
national grief; and
WHEREAS, the events of September 11 demonstrated the extraordinary strength of the
human spirit and reminded us that, in times of crisis, our greatest strength comes from
standing together, serving one another, and refusing to allow tragedy to define us; and
WHEREAS, the passage of twenty-five years has not diminished the significance of
September 11, nor has it erased the memories of those who were lost; rather, it has
underscored our responsibility to ensure that future generations understand what
happened, remember those who were taken from us, and learn from the courage and
compassion that followed; and
WHEREAS, Salt Lake County joins communities across the nation in marking the 25th
anniversary of September 11, 2001, as we pause to reflect upon and honor the innocent
victims who perished in the attacks, the bravery of those who rushed to their aid, and the
resiliency of the American people.
NOW, THEREFORE, BE IT PROCLAIMED, that the Salt Lake County Council hereby
recognizes September 11, 2026, as a Day of Remembrance in Salt Lake County in
solemn observance of the 25th Anniversary of September 11, 2001.
Let it be known that Salt Lake County will always remember and honor those who were
lost, and those who served, on that day.
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ADOPTED this 15th day of September, 2026, by the Salt Lake County Council.
Council Member Moreno stated the proclamation is special to him. He recalled where
he was on September 11, 2001, when terrorists attacked the United States, and how
emotional it was for him. Many men and women lost their lives, including people trying
to rescue other individuals. In that dark time, the nation united.
Council Member Stringham stated the United States has become a nation divided
instead of united, as it had been after the September 11th tragedy. At the time of the
attack, people were expected to just cooperate with the terrorists and told they would be
fine, but they were not fine. That will not happen again. People will now step up and
fight rather than remain passive. Council Member Stringham hoped this day of
remembrance, from a time when people who did not agree with each other stood
together united, would instill that unity among people today.
12. OTHER BUSINESS
ADJOURN
THERE BEING NO FURTHER BUSINESS to come before the Council at this time, the
meeting was adjourned at 2:30 PM until Tuesday, September 22, 2026.
LANNIE CHAPMAN, COUNTY CLERK
By_____________________________
DEPUTY CLERK
By______________________________
CHAIR, SALT LAKE COUNTY COUNCIL
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SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-955
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Informational Update on the Proposed Hire Report / Incentive Plans - $3000 and Under / Weekly
Reclassification Report
Requested Agenda Item Description:
The Proposed Hire Report is a weekly report of all active job postings opened in the prior week
to recruit and hire new SLCO employees. The Incentive Plan Report lists all recently approved
incentive plans totaling $3,000 or less. The Weekly Reclassification Report lists all job
reclassifications completed in the last week.
Requested Action: Informational
Presenter(s) with Titles: Hoa Nguyen, Council Budget and Policy Analyst
Time Needed: Less than 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Jennifer Gibson, Office Coordinator
Attachments:
Proposed Hire Report - 9-23-2026
Incentive Plans - $3,000 and Under 9-23-2026
Weekly Reclassification Report 9-23-2026
Page 77 of 192
Proposed Hire Report
September 15 - 22, 2026
Requisition ID Grade
Job Title
Department /
Elected Offices
Division/Elected Offices
Position
Number
Hire Type
Vacancy
Date
Updated
2026-41466
2026-41474
2026-41467
018 Prosecuting Attorney I
012 Youth Worker-Part Time Benefitted
018 Prosecuting Attorney I
Elected Office
Human Services
Elected Office
District Attorney 8200000400
Youth Services 2100000600
District Attorney 8200000400
376
1730
9339
Replacement
Replacement
Replacement
6/13/2026
7/18/2026
9/16/2026
9/16/2026
9/16/2026
2026-41456
015 Case Management Supervisor
Human Services
Criminal Justice Services 2400000203
11222
Replacement
8/30/2026
9/16/2026
2026-41459
2026-41463
012 Family Peer Support Spec-Time Limited
018 Prosecuting Attorney I
Human Services
Elected Office
Youth Services 2100000400
District Attorney 8200000400
11358
466
Replacement
Replacement
7/27/2026
2026-41468
018 Prosecuting Attorney I
Elected Office
District Attorney 8200000400
491
Replacement
6/3/2026
6/24/2026
9/16/2026
9/17/2026
2026-41480
014
Elected Office
Sheriff 9130002400
1524
Replacement
1/1/2026
9/17/2026
Elected Office
Justice Court 8500000000
1570
Replacement
9/14/2026
9/17/2026
7/20/2026
9/17/2026
2026-41462
Public Safety Deputy Lateral - Sheriff's
Office
012 Judicial Assistant - Justice Court
2026-41476
008 FROM REQ 2026-41200 - Library Shelver
Community
Services
Library Services 2500000705
3104
Replacement
7/18/2026
9/17/2026
2026-41478
008 FROM REQ 2026-41200 - Library Shelver
Community
Services
Library Services 2500000720
3150
Replacement
7/18/2026
9/17/2026
2026-41477
008 FROM REQ 2026-41200 - Library Shelver
Community
Services
Library Services 2500000712
3162
Replacement
7/18/2026
9/17/2026
2026-41483
019 Corrections Deputy Lateral - Sheriff's Office
Elected Office
Sheriff 9120000600
938
Replacement
1/1/2026
9/18/2026
2026-41487
014 Asset Property Coordinator- Sheriff's Office
Elected Office
Sheriff 9130000400
1547
Replacement
9/18/2026
9/18/2026
2026-41481
2026-41471
010 Office Specialist - Youth Services
001 Executive Assistant to the Mayor
Human Services
Elected Office
Youth Services 2100000100
Mayor's Office 1020000100
1653
2440
Replacement
Replacement
8/4/2026
10/3/2026
9/18/2026
9/18/2026
2026-41485
025
Law Enforcement Deputy Lateral- Sheriff's
Office
Elected Office
Sheriff 9130002300
8535
Replacement
7/20/2026
9/18/2026
2026-41479
019 Corrections Deputy Lateral - Sheriff's Office
Elected Office
Sheriff 9120001000
9722
Replacement
9/13/2026
9/18/2026
2026-41469
018 Prosecuting Attorney I
Elected Office
District Attorney 8200000400
494
Replacement
9/21/2026
2026-41470
2026-41475
2026-41458
2026-41489
018
012
012
015
Elected Office
Human Services
Human Services
Elected Office
District Attorney 8200000400
Youth Services 2100000600
Youth Services 2100000400
Sheriff 9130002400
497
1727
8998
11200
Replacement
Replacement
Replacement
Replacement
8/29/2026
8/8/2026
Prosecuting Attorney I
Youth Worker-Open Until Filled
Family Peer Support Spec-Time Limited
Senior Forensic Analyst- Sheriff's Office
4/20/2026
7/27/2026
10/9/2026
9/21/2026
9/21/2026
9/21/2026
9/21/2026
Page 78 of 192
Proposed Hire Report
September 15 - 22, 2026
2026-41464
018 Prosecuting Attorney I
2026-41465
2026-41493
2026-41495
2026-41486
2026-41494
018
012
012
017
012
2026-41491
2026-41492
2026-41488
Prosecuting Attorney I
Youth Worker-Open Until Filled
Youth Worker-Open Until Filled
Flood Control Engineer
Youth Worker-Open Until Filled
Sr. Economic Development Manager (Open
017
Until Filled)
011 Animal Adoption Counselor
Environmental Hazardous Resource
016
Program Manager - Health Department
Elected Office
District Attorney 8200000400
11269
New FTE
Elected Office
Human Services
Human Services
Public Works
Human Services
District Attorney 8200000400
Youth Services 2100000600
Youth Services 2100000300
Flood Control 4600000200
Youth Services 2100000600
11270
1713
1719
7692
8071
New FTE
Replacement
Replacement
Replacement
Replacement
ORD
Regional Development 1025000200
8394
Public Works
Animal Services 4100000400
Human Services
Health Department 2150003034
9/16/2026
9/16/2026
9/21/2026
4/20/2026
4/20/2026
9/25/2026
4/20/2026
9/21/2026
9/22/2026
9/22/2026
9/22/2026
9/22/2026
Replacement
4/15/2026
9/22/2026
8514
Replacement
8/14/2026
9/22/2026
9374
Replacement
9/26/2026
9/22/2026
Page 79 of 192
Incentive Plans $3,000 and Under
September 23, 2026
Agency/Elected Office
Employe Name or Employee
Class
Job Title
Division
Effective Date
End Date
Incentive
Date Signed
Amount
No incentive plans this week.
Page 80 of 192
Weekly Reclassification Report
September 23, 2026
Incumbent
Reclassifications
Grade
Effective
Date
Division
Position #
FTE
Previous Position Title
Action Date FTE
Criminal Justice Services
00008026
1.0
Data Analyst
GEN 015 6/28/2026
9/17/2026
Public Works Operations
Public Works Operations
00007546
00007520
1.0
1.0
Office Coordinator
Office Specialist
GEN 012 9/13/2026
GEN 010 9/13/2026
9/18/2026
9/18/2026
Previous Position Title
Grade
New Position Title
Grade
Process Improvement
GEN 016
Analyst
1.0 Payroll Coordinator GEN 013
1.0 Office Coordinator GEN 012
1.0
Old Rate of
Pay
New Rate of Pay Annual Cost Percent Change
$74,595.48
$86,000.00
$11,404.52
15.29%
$58,964.00
$46,245.25
$64,000.00
$49,500.00
$5,036.00
$3,254.75
8.54%
7.04%
Old Min
Salary
Old Max Salary
New Min
Salary
New Max
Salary
$44,396.00
$66,591.00
$51,531.00
$77,299.00
$44,396.00
$66,591.00
$51,531.00
$77,299.00
$70,503.00
$105,755.00
$70,503.00
$105,755.00
$70,503.00
$105,755.00
$70,503.00
$105,755.00
$42,614.00
$63,919.00
$60,136.00
$90,206.00
Vacant Reclassifications
Division
Position #
FTE
Clerk's Office
00000128
1.0
Clerk's Office
00010212
1.0
Assessor's Office
00000631
1.0
Assessor's Office
00000679
1.0
Public Works Operations
00007512
1.0
Marriage and Passport
Specialist
Election Project
Coordinator
Certified Residential
Appraiser
Certified Residential
Appraiser
Concrete Specialist I
Effective
Date
Action Date FTE
GEN 013 7/23/2026
9/16/2026
GEN 013 8/12/2026
9/16/2026
GEN 016 9/13/2026
9/17/2026
GEN 016 9/13/2026
9/17/2026
TRD 011 9/13/2026
9/18/2026
New Position Title
Grade
Marriage and Passport
GEN 014
Supervisor
Senior Election
1.0
GEN 014
Coordinator
Residential Sales
1.0
GEN 016
Analyst
Residential Sales
1.0
GEN 016
Analyst
1.0
HR Generalist
GEN 015
1.0
Page 81 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-954
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Budget Adjustment: Mayor's Finance Requests Several Capital Project Adjustments as Part of
the Salt Palace Renovation Project:
• Cancel $19,836,599 in Previously Budgeted Capital Projects at the Rampton Salt Palace
Convention Center and Redirect $11M to Debt Service on Bonds to Be Issued for the Salt
Palace Renovation
• Cancel $408,033 in Previously Budgeted Capital Projects at Mountain America Expo
Center As Part of the Longer Term Capital Maintenance and Operating Plan
• Cancel $3,930,354 in Operating Subsidy for the Salt Palace and $5M in 2026 Relief
Funding for Clients with Signed and Executed Contracts for Events After February 2027
Requested Agenda Item Description:
As part of the Salt Palace Renovation project, a number of previously budgeted capital
maintenance projects totaling $19.8M in the Salt Palace fund are no longer required.
This adjustment cancels those capital projects and transfers $11M of those funds to the Visitor
Promotion Fund to pay for debt service on bonds to be issued for the Salt Palace Renovation
project.
Additionally, the budgeted transfers of $3.9M for an operating subsidy and $5M for the
renovation will not be needed in the Salt Palace fund and are therefore being canceled.
An additional $408K of capital maintenance projects budgeted in the Mountain America Expo
Center fund are also being canceled as part of the longer term capital maintenance and operating
plan.
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Hoa Nguyen, Council Budget and Policy Analyst
Time Needed: Less than 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Page 82 of 192
Requesting Staff Member:
Darrin Casper, Deputy Mayor Of Finance and Administration CFO
Attachments:
39431 39392 40641 SPCC Capital Project Reductions
Page 83 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Linked Form ID
Form ID:
39431
Current Stage
Type
Council
Approval
Name:
SPCC Capital Project Reductions
5008 - Council
Capital Project Transfer
No
Request
Description:
As part of the Salt Palace Renovation project, a number of previously budgeted capital maintenance projects totaling $19.8M in the Salt Palace fund are no longer required.
This adjustment cancels those capital projects and transfers $11M of those funds to the Visitor Promotion Fund to pay for debt service on bonds to be issued for the Salt
Palace Renovation project.
Council Approval Date
Additionally, the budgeted transfers of $3.9M for an operating subsidy and $5M for the renovation will not be needed in the Salt Palace fund and are therefore being
canceled.
An additional $408K of capital maintenance projects budgeted in the Mountain America Expo Center fund are also being canceled as part of the longer term capital
maintenance and operating plan.
Fund, Org, SubDept, Project/Program, Account
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
180 - Rampton Salt Palace Conv Ctr
35500000 - Rampton Salt Palace Operations
3550000000 - Rampton Salt Palace Operations
F0011 Salt Palace Subsidy
720005 - OFS Transfers In
0
0
(3,930,354)
0
0
(3,930,354)
0.00
720005 - OFS Transfers In
0
0
(5,000,000)
0
0
(5,000,000)
0.00
Total Rampton Salt Palace Operations
0
0
(8,930,354)
0
0
(8,930,354)
0.00
0
0
0
11,000,000
0
(11,000,000)
0.00
0
(11,017,801)
0
0
0
11,017,801
0.00
0
(1,847,760)
0
0
0
1,847,760
0.00
0
(5,606)
0
0
0
5,606
0.00
0
(264,245)
0
0
0
264,245
0.00
F0109 Salt Palace & Downtown Renovat
35509900 - Salt Palace Capital Projects
3550990000 - Salt Palace Capital Projects
F0076 Transformational Initiative
770010 - OFU Transfers Out
SP23_03 Chiller Replacement
607015 - Maintenance - Buildings
SP23_05 Replace Main Cooling Towers
607015 - Maintenance - Buildings
SP24_01 Environmental Sensors Main Com
607015 - Maintenance - Buildings
SP24_04 Replace Ballrm Lighting to LED
607015 - Maintenance - Buildings
SP24_07 VFD Projects
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Linked Form ID
Page 1 of 4
Page 84 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Linked Form ID
Fund, Org, SubDept, Project/Program, Account
607015 - Maintenance - Buildings
Revenues
Expenses
Transfer In and
OFS
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
0
(1,399,600)
0
0
0
1,399,600
0.00
0
(411,950)
0
0
0
411,950
0.00
0
(8,907)
0
0
0
8,907
0.00
0
(505,797)
0
0
0
505,797
0.00
0
(737)
0
0
0
737
0.00
0
(3,059,580)
0
0
0
3,059,580
0.00
0
(696,546)
0
0
0
696,546
0.00
0
(6,470)
0
0
0
6,470
0.00
0
(14,780)
0
0
0
14,780
0.00
0
(596,820)
0
0
0
596,820
0.00
Total Salt Palace Capital Projects
0
(19,836,599)
0
11,000,000
0
8,836,599
0.00
Total Rampton Salt Palace Conv Ctr
0
(19,836,599)
(8,930,354)
11,000,000
0
(93,755)
0.00
SP24_12 West Temple Landscape
607015 - Maintenance - Buildings
SP24_16 Video Security System
607015 - Maintenance - Buildings
SP24_18 Carpet Balance of Concourse sp
607015 - Maintenance - Buildings
SP25_01 SPCC New Firewalls
607015 - Maintenance - Buildings
SP25_02 Escalator Upgrade
607015 - Maintenance - Buildings
SP25_04 South Tower Elevator Rebuild
607015 - Maintenance - Buildings
SP25_05 Key Card Access System
607015 - Maintenance - Buildings
SP26_02 SPCC Box Truck
607015 - Maintenance - Buildings
SP26_03 SPCC FFE Chair Replacement
607015 - Maintenance - Buildings
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Linked Form ID
Page 2 of 4
Page 85 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Linked Form ID
Fund, Org, SubDept, Project/Program, Account
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
182 - Mountain America Expo Center
35529900 - Mt America Expo Ctr Cap Prjcts
3552990000 - Mt America Expo Ctr Cap Prjcts
ST24_01 Facilities Lighting Controls
607015 - Maintenance - Buildings
0
(2,761)
0
0
0
2,761
0.00
0
(272)
0
0
0
272
0.00
607015 - Maintenance - Buildings
0
(405,000)
0
0
0
405,000
0.00
Total Mt America Expo Ctr Cap Prjcts
0
(408,033)
0
0
0
408,033
0.00
0
(408,033)
0
0
0
408,033
0.00
0
0
0
(3,930,354)
0
3,930,354
0.00
0
0
11,000,000
0
0
11,000,000
0.00
770010 - OFU Transfers Out
0
0
0
(5,000,000)
0
5,000,000
0.00
Total Visitor Promotion Cnty Exp
0
0
11,000,000
(8,930,354)
0
19,930,354
0.00
Total Visitor Promotion Fund
0
0
11,000,000
(8,930,354)
0
19,930,354
0.00
Budget Year - Grand Total
0
(20,244,632)
2,069,646
2,069,646
0
20,244,632
0.00
Future Year Adjustments - Grand Total
0
0
0
0
0
0
0.00
ST24_04 Telcomm Technology Upgrade
607015 - Maintenance - Buildings
ST26_02 STEC Exterior Upgrade
Total Mountain America Expo Center
290 - Visitor Promotion Fund
36010000 - Visitor Promotion Cnty Exp
3601000000 - Visitor Promotion Cnty Exp
F0011 Salt Palace Subsidy
770010 - OFU Transfers Out
F0076 Transformational Initiative
720005 - OFS Transfers In
F0109 Salt Palace & Downtown Renovat
Footnote: Transfers and changes to fund balance (including assignments, commitments, and restrictions) are all treated as one-time budget items; therefore, future year
adjustments are not required for these categories.
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Linked Form ID
Page 3 of 4
Page 86 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Linked Form ID
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Linked Form ID
Page 4 of 4
Page 87 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
Council
Approved
Council
Approved
Date
Form ID:
39392
Name:
Adjustments for Salt Palace Closure During
Renovation
Request
Description:
As part of the Salt Palace Renovation project, a number of previously budgeted capital maintenance projects totaling $19.8M in the Salt Palace fund are no longer required.
A separate adjustment form cancels those capital projects. This form transfers $11M of those funds to the Visitor Promotion Fund to pay for debt service on bonds to be
issued for the Salt Palace Renovation project.
Current Stage
Type
5205 - Budget Office
Technical Review
Linked Form ID
No
39431
Additionally, the budgeted transfers of $3.9M for an operating subsidy and $5M for the renovation will not be needed in the Salt Palace fund and are therefore being
canceled.
Fund, Org, SubDept, Project/Program, Account
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
180 - Rampton Salt Palace Conv Ctr
35500000 - Rampton Salt Palace Operations
3550000000 - Rampton Salt Palace Operations
F0011 Salt Palace Subsidy
720005 - OFS Transfers In
0
0
(3,930,354)
0
0
(3,930,354)
0.00
720005 - OFS Transfers In
0
0
(5,000,000)
0
0
(5,000,000)
0.00
Total Rampton Salt Palace Operations
0
0
(8,930,354)
0
0
(8,930,354)
0.00
770010 - OFU Transfers Out
0
0
0
11,000,000
0
(11,000,000)
0.00
Total Salt Palace Capital Projects
0
0
0
11,000,000
0
(11,000,000)
0.00
Total Rampton Salt Palace Conv Ctr
0
0
(8,930,354)
11,000,000
0
(19,930,354)
0.00
F0109 Salt Palace & Downtown Renovat
35509900 - Salt Palace Capital Projects
3550990000 - Salt Palace Capital Projects
F0076 Transformational Initiative
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 1 of 6
Page 88 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
Fund, Org, SubDept, Project/Program, Account
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
290 - Visitor Promotion Fund
36010000 - Visitor Promotion Cnty Exp
3601000000 - Visitor Promotion Cnty Exp
F0011 Salt Palace Subsidy
770010 - OFU Transfers Out
0
0
0
(3,930,354)
0
3,930,354
0.00
0
0
11,000,000
0
0
11,000,000
0.00
770010 - OFU Transfers Out
0
0
0
(5,000,000)
0
5,000,000
0.00
Total Visitor Promotion Cnty Exp
0
0
11,000,000
(8,930,354)
0
19,930,354
0.00
Total Visitor Promotion Fund
0
0
11,000,000
(8,930,354)
0
19,930,354
0.00
Budget Year - Grand Total
0
0
2,069,646
2,069,646
0
0
0.00
F0076 Transformational Initiative
720005 - OFS Transfers In
F0109 Salt Palace & Downtown Renovat
Attachments
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 2 of 6
Page 89 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
Council
Approved
Date
Form ID:
39431
Current Stage
Type
Council
Approved
Name:
SPCC Capital Project Reductions
5008 - Council
Capital Project Transfer
No
Request
Description:
As part of the Salt Palace Renovation project, a number of previously budgeted capital maintenance projects totaling $19.8M in the Salt Palace fund are no longer required.
This adjustment cancels those capital projects and transfers $11M of those funds to the Visitor Promotion Fund to pay for debt service on bonds to be issued for the Salt
Palace Renovation project.
Linked Form ID
39431
Additionally, the budgeted transfers of $3.9M for an operating subsidy and $5M for the renovation will not be needed in the Salt Palace fund and are therefore being
canceled.
An additional $408K of capital maintenance projects budgeted in the Mountain America Expo Center fund are also being canceled as part of the longer term capital
maintenance and operating plan.
Fund, Org, SubDept, Project/Program, Account
Revenues
Expenses
Transfer In and
OFS
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
180 - Rampton Salt Palace Conv Ctr
35509900 - Salt Palace Capital Projects
3550990000 - Salt Palace Capital Projects
SP23_03 Chiller Replacement
607015 - Maintenance - Buildings
0
(11,017,801)
0
0
0
11,017,801
0.00
0
(1,847,760)
0
0
0
1,847,760
0.00
0
(5,606)
0
0
0
5,606
0.00
0
(264,245)
0
0
0
264,245
0.00
0
(1,399,600)
0
0
0
1,399,600
0.00
0
(411,950)
0
0
0
411,950
0.00
0
(8,907)
0
0
0
8,907
0.00
0
(505,797)
0
0
0
505,797
0.00
0
(737)
0
0
0
737
0.00
SP23_05 Replace Main Cooling Towers
607015 - Maintenance - Buildings
SP24_01 Environmental Sensors Main Com
607015 - Maintenance - Buildings
SP24_04 Replace Ballrm Lighting to LED
607015 - Maintenance - Buildings
SP24_07 VFD Projects
607015 - Maintenance - Buildings
SP24_12 West Temple Landscape
607015 - Maintenance - Buildings
SP24_16 Video Security System
607015 - Maintenance - Buildings
SP24_18 Carpet Balance of Concourse sp
607015 - Maintenance - Buildings
SP25_01 SPCC New Firewalls
607015 - Maintenance - Buildings
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 3 of 6
Page 90 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
Fund, Org, SubDept, Project/Program, Account
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
SP25_02 Escalator Upgrade
607015 - Maintenance - Buildings
0
(3,059,580)
0
0
0
3,059,580
0.00
0
(696,546)
0
0
0
696,546
0.00
0
(6,470)
0
0
0
6,470
0.00
0
(14,780)
0
0
0
14,780
0.00
0
(596,820)
0
0
0
596,820
0.00
Total Salt Palace Capital Projects
0
(19,836,599)
0
0
0
19,836,599
0.00
Total Rampton Salt Palace Conv Ctr
0
(19,836,599)
0
0
0
19,836,599
0.00
Budget Year - Grand Total
0
(19,836,599)
0
0
0
19,836,599
0.00
Future Year Adjustments - Grand Total
0
0
0
0
0
0
0.00
SP25_04 South Tower Elevator Rebuild
607015 - Maintenance - Buildings
SP25_05 Key Card Access System
607015 - Maintenance - Buildings
SP26_02 SPCC Box Truck
607015 - Maintenance - Buildings
SP26_03 SPCC FFE Chair Replacement
607015 - Maintenance - Buildings
Attachments
39431 and 40641_1_12_01YE -SPCC Capital Project Reduction and MAEC Capital Project Reduction.v3_20260918T172401.pdf
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 4 of 6
Page 91 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
Council
Approved
Date
Form ID:
40641
Current Stage
Type
Council
Approved
Name:
MAEC Capital Project Reductions for
SALTPAL_RENO
5008 - Council
Capital Project Transfer
No
Request
Description:
As part of the Salt Palace Renovation project, several previously planned and budgeted capital projects are no longer required. This adjustment cancels those capital
projects and releases their allocated budgets back to the fund balance. These released funds will be redirected to support the renovation project rather than the original
capital maintenance projects.
Linked Form ID
39431
ST24_01 Facilities Lighting Controls $2,761
ST24_04 Telcomm Technology Upgrade $272
ST26_02 Exterior Upgrade $405,000
Fund, Org, SubDept, Project/Program, Account
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
182 - Mountain America Expo Center
35529900 - Mt America Expo Ctr Cap Prjcts
3552990000 - Mt America Expo Ctr Cap Prjcts
ST24_01 Facilities Lighting Controls
607015 - Maintenance - Buildings
0
(2,761)
0
0
0
2,761
0.00
0
(272)
0
0
0
272
0.00
607015 - Maintenance - Buildings
0
(405,000)
0
0
0
405,000
0.00
Total Mt America Expo Ctr Cap Prjcts
0
(408,033)
0
0
0
408,033
0.00
Total Mountain America Expo Center
0
(408,033)
0
0
0
408,033
0.00
Budget Year - Grand Total
0
(408,033)
0
0
0
408,033
0.00
Future Year Adjustments - Grand Total
0
0
0
0
0
0
0.00
ST24_04 Telcomm Technology Upgrade
607015 - Maintenance - Buildings
ST26_02 STEC Exterior Upgrade
Attachments
39431 and 40641_1_12_01YE -SPCC Capital Project Reduction and MAEC Capital Project Reduction.v3_20260918T172347.pdf
Footnote: Transfers and changes to fund balance (including assignments, commitments, and restrictions) are all treated as one-time budget items; therefore, future year
adjustments are not required for these categories.
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 5 of 6
Page 92 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
09-23-2026 05:08 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 6 of 6
Page 93 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-953
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Budget Adjustment: The Sheriff's Office Requests to Recognize $160,000 One-time Grant
Funding to Support a Medicaid Screening and Enrollment Pilot Project for Eligible Jail Inmates
Requested Agenda Item Description:
The Sheriff's Office (SO) was awarded a grant, after the June Adj., for $160K for a pilot project
to develop operational capabilities to promote continuity of care for individuals who are
prisoners in the Jail and are eligible for medical assistance under the State Medicaid program.
The funding will be used to contract with an organization to provide Medicaid screening and
enrollment of prisoners that are eligible. Initial grant term is 7/1/26-6/30/27 with the project
starting 11/1/26. After the pilot project, the SO expects to a transition to a sustainable, fully
funded model under the Medicaid 1115 waiver program.
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Hoa Nguyen, Council Budget and Policy Analyst
Time Needed: Less than 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Rosa Rivera, County Sheriff
Attachments:
40713 - SHF_Jail Medicaid Grant
Page 94 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
Council
Approved
Council
Approved
Date
Form ID:
40713
Current Stage
Type
Name:
SHF_Jail Medicaid Grant
5008 - Council
New Revenue or
Expense
Request
Description:
The Sheriff's Office (SO) was awarded a grant, after the June Adj., for $160K for a pilot project to develop operational capabilities to promote continuity of care for individuals
who are prisoners in the Jail and are eligible for medical assistance under the State Medicaid program. The funding will be used to contract with an organization to provide
Medicaid screening and enrollment of prisoners that are eligible. Initial grant term is 7/1/26-6/30/27 with the project starting 11/1/26.
Linked Form ID
No
40713
After the pilot project, the SO expects to a transition to a sustainable, fully funded model under the Medicaid 1115 waiver program.
Fund, Org, SubDept, Project/Program, Account
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
110 - General Fund
91200000 - County Jail
9120000900 - Jail Health Services
GR080 Medicaid Grant
415000 - Federal Government Grants
47,681
0
0
0
0
47,681
0.00
615016 - Computer Software Subscription
0
1,915
0
0
0
(1,915)
0.00
615025 - Computers & Components <$5000
0
7,475
0
0
0
(7,475)
0.00
639025 - Other Professional Fees
0
38,291
0
0
0
(38,291)
0.00
Total County Jail
47,681
47,681
0
0
0
0
0.00
Total General Fund
47,681
47,681
0
0
0
0
0.00
Budget Year - Grand Total
47,681
47,681
0
0
0
0
0.00
Future Year Adjustments
Revenues
Transfer In and
OFS
Expenses
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
110 - General Fund
91200000 - County Jail
9120000900 - Jail Health Services
GR080 Medicaid Grant
415000 - Federal Government Grants
64,583
0
0
0
0
64,583
0.00
615016 - Computer Software Subscription
0
(1,915)
0
0
0
1,915
0.00
615025 - Computers & Components <$5000
0
(7,475)
0
0
0
7,475
0.00
639025 - Other Professional Fees
0
73,973
0
0
0
(73,973)
0.00
64,583
64,583
0
0
0
0
0.00
Total County Jail
09-23-2026 12:57 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 1 of 2
Page 95 of 192
Salt Lake County
2026 Year-End Decision Package Summary
by Form ID
Future Year Adjustments
Revenues
Expenses
Transfer In and
OFS
Transfer Out
and OFU
Net Change to
Fund Balance
Balance Sheet
FTE
Total General Fund
64,583
64,583
0
0
0
0
0.00
Future Year Adjustments - Grand Total
64,583
64,583
0
0
0
0
0.00
Attachments
40713 - 1.12.01YE - SHF_Jail Medicaid Grant_20260921T153317.pdf
Footnote: Transfers and changes to fund balance (including assignments, commitments, and restrictions) are all treated as one-time budget items; therefore, future year
adjustments are not required for these categories.
09-23-2026 12:57 PM
1.12.01YE - Decision Package Summary - Year-End | Tab: Form ID
Page 2 of 2
Page 96 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-945
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Consideration of Approval of Proposed Rental Rates for the 2028-29 Season of the Larry H. and
Gail Miller Arts Center
Requested Agenda Item Description:
Proposed Rental Rates for the 2028-29 Season of the Larry H. & Gail Miller Arts Center
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Robin Chalhoub, Community Services Department Director; Matt
Castillo, Arts & Culture Division Director
Time Needed: 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Robin Chalhoub, Community Services Department Director
Matt Castillo
Attachments:
Miller Arts Center Proposed 2028-29 Rental Rates Memo
Miller Arts Center Proposed Rental Rates 2028-29 Season
Page 97 of 192
September 15, 2026
TO: Salt Lake County Mayor & Council
RE: Larry H. & Gail Miller Arts Center Proposed Rental Rates
JENNIFER WILSON
Mayor
ERIN LITVACK
Deputy Mayor &
Chief Administrative Officer
ROBIN CHALHOUB
Department Director
Community Services
MATTHEW CASTILLO
Division Director
Arts & Culture
50 West 200 South
Salt Lake City, UT 84101
385-468-1010 - Phone
385-468-1005 – Fax
TTY: 7-1-1
In anticipation of the opening of the Larry H. & Gail Miller Arts Center in
early fall 2028, Salt Lake County Arts & Culture plans to open the
booking calendar beginning in January 2027. In conjunction with the
opening of the booking calendar, Arts & Culture seeks approval of the
attached proposed rental rates.
These rates were developed to support the Miller Arts Center as a premier
arts and culture destination, offering diverse and high-quality
entertainment opportunities for audiences from across the region. Arts &
Culture expects to see strong utilization from a mix of national and
regional professional touring companies as well as local professional,
semi-professional, amateur, and student arts organizations.
After analysis of the comparable rates at the current Arts & Culture venues
and other local and regional venues, we have established the suggested
rental rates for the Miller Arts Center’s bookable spaces:
•
•
•
•
•
•
The Strata, the main 800 seat proscenium theatre;
Meadowlark Studio, the 99 seat black box style theatre;
Westwind, the upscale social/rehearsal room;
Playa Art Lab with the Sego and Yarrow classrooms;
Gallery 29, the visual art gallery; and
The Grand Lobby.
As with all Arts & Culture venues, we will offer commercial and nonprofit rates. Commercial rates are established at prevailing market rates,
adjusted for size and capacity, with nonprofit rates set roughly 35% below
commercial rates. There is no resident program contemplated for this
venue and therefore no associated resident rates.
Attached are the proposed rental and other associated rates for each
bookable space for the 2028-2029 season of the Miller Arts Center.
Thank you for your consideration.
Sincerely,
Matt Castillo
Division Director
Salt Lake County Arts & Culture
Attached: Miller Arts Center Proposed Sep 2028-Aug 2029 Rental Rates
Page 98 of 192
Larry H. & Gail Miller Arts Center
Proposed Sep 1, 2028 - Aug 31, 2029 Rental Rates
Commercial
Non-Profit
The Strata – 800 seat proscenium theatre
SPACE RENTAL (based on usage)
Performance
Half House Performance
Second Performance
Second Half House Performance
Tech/Rehearsal/Load In/Load Out
Dark Day
Social Event (stage only)
CLEANING (based on usage)
Performance
Half House Performance
PATRON SERVICES (based on usage)
Performance
Half House Performance
2,100
1,170
1,050
585
1,050
525
3,000
1,350
810
675
405
690
338
1,950
650
500
650
500
508
400
432
340
275
175
130
68
412
125
25
150
170
180
115
85
45
270
125
25
150
145
300
125
25
200
170
195
125
25
200
145
Meadowlark Studio - 99 seat black box theatre
SPACE RENTAL (based on usage)
Performance
Second Performance
Tech/Rehearsal/Load In/Load Out
Dark Day
Social Event
Studio Rehearsal (up to 4 hours)
Studio Rehearsal (per add'l hour >4, 8 hrs for full day)
CLEANING (event only)
PATRON SERVICES (event only)
Westwind – Rehearsal and event space
SPACE RENTAL (based on usage)
Social Event
Studio Rehearsal (up to 4 hours)
Studio Rehearsal (per add'l hour >4, 8 hrs for full day)
CLEANING (event only)
PATRON SERVICES (event only)
Page 1 of 2
Page 99 of 192
Larry H. & Gail Miller Arts Center
Proposed Sep 1, 2028 - Aug 31, 2029 Rental Rates
Commercial
Non-Profit
Playa Art Lab - Arts classroom space
SPACE RENTAL (based on usage)
Dual Classroom Rental (4 hours)
Dual Classroom (per add'l hour >4, 8 hrs for full day)
Individual Classroom Rental (4 hours)
Individual Classroom (per add'l hour >4, 8 hrs for full day)
PARTNER ADMIN FEE
COMMUNITY ACTIVATION FEE
108
148
26
20
78
104
37
27
25% of Class tuition fees
$10 per student per course
Gallery 29 – Visual Art Gallery
SPACE RENTAL (up to 4 hours)
Space Rental (per add'l hour >4, 8 hrs for full day)
CLEANING
PATRON SERVICES
1,250
260
280
170
800
200
280
145
2,100
280
170
1,350
280
145
110
110
110
110
Miller Arts Center Lobby
SPACE RENTAL
CLEANING
PATRON SERVICES
Other
LIMITED PRIVATE USE (up to 2 hours)
LIMITED PRIVATE USE (per add'l hour >2)
Page 2 of 2
Page 100 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-949
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Leifman Update: Recommendation #17—Update on the Evolution of the JAC Concept
Requested Agenda Item Description:
An informational update on a proposed Justice and Accountability Center
Requested Action: Informational
Presenter(s) with Titles: Katherine Fife, Associate Deputy Mayor, County Services; Kelly
Colopy, Human Services Director
Time Needed: 20 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Katy Fleury
Leifman Project Manager
Attachments:
None
Page 101 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-922
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Informational Presentation of the Salt Lake County Jail Expansion Feasibility Study
Requested Agenda Item Description:
Babcock Design will present the Salt Lake County Jail Expansion Feasibility Study,
including the analyses conducted, options evaluated, recommendations, and estimated
costs associated with a potential jail expansion.
Requested Action: Informational
Presenter(s) with Titles: Rob Cottle - CEO and Principal Architect, Babcock Design Group;
Meg Bower, Principal Planner; Mike Conder, Principal Architect; Dr. Joel Andrade - LICSW,
CCHP-MH, Senior Behavioral Health Expert
Time Needed: 60 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Sherry Anderson, Executive Assistant to The Sheriff
Attachments:
Feasibility 620925d
Page 102 of 192
METRO JAIL / ADULT
DETENTION CENTER (ADC)
FEASIBILITY STUDY
2 9
P R E S E N T E D
S E P T E M B E R
2 0 2 6
B Y
Page 103 of 192
scope of work.
Babcock Design + Arrington Watkins were selected for the feasibility study and programming
phase of the Salt Lake County Metro Jail Expansion. The team will proceed with the design
phases pending county approval and funding.
PRIMARY TASKS
• Review CGL master plan update from May 2026 and verify or challenge conclusions
• Review the existing conditions of the Metro Jail
• Study the feasibility of expansion needs and propose options to address those needs
• Make recommendations on priorities
• Provide a preliminary conceptual cost estimate to establish ROM pricing of options
• Present findings and recommendations to Salt Lake County Council and Mayor
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 104 of 192
metro jail: existing conditions.
OXBOW JAIL
• Roughly 18 trips/day (6,570 trips/year) are required to transport
laundry, food, inmates, etc. between Oxbow and the Metro Jail. The
expense is approximately $750,000/year in mileage, employee time and
compensation. Consolidating to one building would allow staff time and
resources to be redirected to other operational needs.
• Mental health facilities were designed and built in the 1990s. Standards
of care have evolved since then, and the existing facilities are undersized
and need to be updated to meet the needs of today’s inmate population.
Expansion and modernization would provide additional capacity and
better support appropriate housing, treatment, and mental health
services while ensuring the facility meets industry standards for the
foreseeable future.
• Booking, Intake, and Release was built in the 1990s to support the original
Metro Jail capacity—not an expanded Metro Jail or Oxbow. Once the
Sheriff’s Office assumes custody from the arresting agency, limited space
and an outdated layout contribute to processing delays and operational
inefficiencies.
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
METRO
JAIL
Page 105 of 192
CGL master plan recommendations.
B E D S N E E D E D BY 2 0 3 5
• Oxbow Jail should be closed (approximately $40 million in deferred maintenance; the facility was supposed
to close in the early 2000’s), and the 552 beds should be transferred to the Metro Jail.
• A new central laundry facility should be built to replace the current laundry at Oxbow.
• A new mental health unit should be built to accommodate current and projected needs.
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 106 of 192
B A B C O C K
D E S I G N
/
A R R I N G T O N
W A T K I N S
additional recommendations
and findings.
• Booking/Intake/Release is undersized, causing unnecessary delays in processing. The current layout has
inherent inefficiencies that add to the problem.
• Booking/Intake/Release should be relocated and expanded to meet current and future capacity needs.
• Building new medical/mental health unit and booking/intake/release will free up approximately
90,000 SF of existing space, which can be renovated to house special inmate populations (Ad Seg) and
administrative/programming space needed.
• Interior renovation of existing space will reclaim approximately 140 beds, which can be used for other
classifications.
• The Metro Jail site is landlocked, so parking needs should be addressed either with surface
parking on adjacent parcels (which would need to be acquired), or a multi-level
parking structure on the existing site.
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 107 of 192
M E T R O
J A I L
existing site conditions.
G
A
E
H
B
A
EXISTING HUNTSMAN DIVERSION FACILITY
B
CAN THIS PARCEL BE PURCHASED FOR
PARKING?
C
PROBABLY NOT ABLE TO BUY THIS PARCEL COUNTY TO VERIFY
D
NOT ABLE TO BUILD HERE
E
EXISTING POND & SHERIFF’S CADET
TRAINING AREA
F
EXISTING INMATE GARDEN AND PROGRAM
SPACE
G
EXISTING SHERIFF’S OFFICE BUILDING
H
EXISTING METRO JAIL
C
F
D
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 108 of 192
F U T U R E
N E E D S
projected bed count.
• CGL Master Plan projected needs out to 2035.
Jail Expansion will likely not be complete until
2030-2031, which only leaves 4-5 years
of expansion capacity. BD/AW recommend
extending projections/needs to 2045 to provide
an additional 10 years of growth capacity.
• BD/AW Bed Count Projections:
* Relocating Oxbow Jail’s 552 inmates results in a net bed increase of 577 beds
** Relocating Oxbow Jail’s 552 inmates results in a net bed increase of 904 beds
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 109 of 192
proposed phasing plan.
legend.
EXISTING SPACE WITH SOME DEFERRED
MAINTENANCE AND MINOR UPDATES
RENOVATED SPACES. SOME MINOR AND SOME
MAJOR
NEW CONSTRUCTION
Estimated Costs, escalated to Q1 2029
to reflect construction timeline*
New General Population Housing
(Pod E) + New Central Laundry
(Oxbow Replacement beds)
$350M - $370M
New Medical/Mental Health unit
with 200-300 beds
$180M - $200M
New Intake/Booking/Release and
Vehicle Sallyport
$85M - $90M
Interior Renovations: New Ad
Seg Unit, Administrative/Program
spaces/Inmate (Medical & Court)
Transport
$65M - $75M
Deferred Maintenance/Capital
Improvements
$93M - $100M
New Parking Structure or surface
lot west of Metro Jail
$37M - $45M
*Total project costs
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 110 of 192
R E C O M M E N D A T I O N
# 1 :
general population housing +
medical/mental health unit.
Estimated Costs, escalated to Q1 2029 to
reflect construction timeline
New General Population Housing
(Pod E) + New Central Laundry
$350M - $370M
New Medical/Mental Health unit
with 312-384 beds
$180M - $200M
Interior Renovations: New Ad Seg
Unit, First Phase
$20M - $40M
Deferred Maintenance/Capital
Improvements
$65M - $75M
Total Estimated First Cost: $650M*
*future phases will increase in cost due to
escalation at approximately 5% per year,
compounded.
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 111 of 192
R E C O M M E N D A T I O N
# 2 :
full-build
Estimated Costs, escalated to Q1 2029 to
reflect construction timeline.
New General Population Housing
(Pod E) + New Central Laundry
(Oxbow Replacement beds)
$350M - $370M
New Medical/Mental Health unit
with 200-300 beds
$180M - $200M
New Intake/Booking/Release and
Vehicle Sallyport
$85M - $90M
Interior Renovations: New Ad
Seg Unit, Administrative/Program
spaces/Inmate (Medical & Court)
Transport
$65M - $75M
Deferred Maintenance/Capital
Improvements
$93M - $100M
New Parking Structure or surface
lot west of Metro Jail
$37M - $45M
Total Estimated Cost: $810M - $880M
SALT LAKE COUNTY METRO JAIL EXPANSION | FEASIBILITY STUDY
Page 112 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-956
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Consideration of a Resolution of the County Council of Salt Lake County, Utah (the "County"),
Amending a Resolution Which Previously Authorized the Issuance and Sale of the County's
Transient Room Tax Revenue Bonds, Series 2026 (the "Series 2026 Bonds") by Adding to the
Security for the Series 2026 Bonds With a Covenant to Request an Appropriation from the
County's Legally Available Moneys to the Payment of the Series 2026 Bonds; Providing for the
Publication of a Notice of Public Hearing and Bonds to be Issued; Authorizing and Approving
General Indenture; Authorizing the Taking of all Other Actions Necessary to the Consummation
of the Transactions Contemplated by This Resolution; and Related Matters
Requested Agenda Item Description:
Amendment to the previously adopted Transient Room Tax Revenue Bonds Resolution for the
Salt Palace Project
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Darrin Casper, Deputy Mayor of Finance and Administration; Helen
Schroeder, Civil Attorney
Time Needed: 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Isaac Higham, Council Office Director
Attachments:
General Indenture - Salt Lake Co Transient Room Tax Bonds 2026
Amending Resolution - Salt Lake Co Transient Room Tax Bonds
2026_RATFL
Page 113 of 192
Gilmore Bell DRAFT 09/24/2026
TRANSIENT ROOM TAX REVENUE BONDS
GENERAL INDENTURE OF TRUST
Dated as of [NOVEMBER] 1, 2026
between
SALT LAKE COUNTY, UTAH,
as Issuer
and
ZIONS BANCORPORATION, NATIONAL ASSOCIATION,
as Trustee
Page 114 of 192
Table of Contents
Page
ARTICLE I
DEFINITIONS
Section 1.1
Section 1.2
Section 1.3
Definitions................................................................................................................2
Indenture to Constitute Contract ............................................................................15
Construction ...........................................................................................................15
ARTICLE II
THE BONDS
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
Section 2.8
Section 2.9
Section 2.10
Section 2.11
Section 2.12
Section 2.13
Section 2.14
Section 2.15
Section 2.16
Authorization of Bonds ..........................................................................................16
Description of Bonds; Payment .............................................................................16
Execution; Limited Obligation ..............................................................................17
Authentication and Delivery of Bonds ..................................................................17
Mutilated, Lost, Stolen or Destroyed Bonds ..........................................................20
Registration of Bonds; Persons Treated as Owners ...............................................20
Redemption Provisions ..........................................................................................21
Notice of Redemption ............................................................................................21
Partially Redeemed Fully Registered Bonds .........................................................23
Cancellation ...........................................................................................................23
Nonpresentation of Bonds......................................................................................23
Initial Bonds ...........................................................................................................24
Issuance of Additional Bonds ................................................................................24
Form of Bonds .......................................................................................................25
Covenant Against Creating or Permitting Liens ....................................................25
Appropriation of Other Legally Available Moneys ...............................................25
ARTICLE III
CREATION OF FUNDS AND ACCOUNTS
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Creation of Construction Fund...............................................................................26
Creation of Bond Fund...........................................................................................26
Creation of Sinking Fund Account ........................................................................26
Creation of Debt Service Reserve Fund.................................................................26
Creation of Reserve Instrument Fund ....................................................................26
Creation of Rebate Fund ........................................................................................26
Creation of Revenue Fund .....................................................................................26
Creation of Funds and Accounts ............................................................................26
ARTICLE IV
APPLICATION OF BOND PROCEEDS
4913-9078-4135, v. 5
i
Page 115 of 192
ARTICLE V
USE OF FUNDS
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
Section 5.7
Section 5.8
Section 5.9
Section 5.10
Use of Construction Fund ......................................................................................27
Application of Revenues ........................................................................................28
Use of Bond Fund ..................................................................................................29
Use of Sinking Fund Account ................................................................................31
Use of Debt Service Reserve Fund ........................................................................31
Use of Reserve Instrument Fund............................................................................32
Use of Rebate Fund................................................................................................32
Investment of Funds...............................................................................................33
Trust Funds ............................................................................................................34
Method of Valuation and Frequency of Valuation ................................................34
ARTICLE VI
GENERAL COVENANTS
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
General Covenants .................................................................................................35
First Lien Bonds; Equality of Liens .......................................................................35
Payment of Principal and Interest ..........................................................................35
Performance of Covenants; Issuer .........................................................................36
List of Bondholders................................................................................................36
Designation of Additional Paying Agents .............................................................36
Tax Exemption of Bonds .......................................................................................36
Expeditious Construction .......................................................................................37
Instruments of Further Assurance ..........................................................................37
Covenant of State of Utah ......................................................................................37
ARTICLE VII
EVENTS OF DEFAULT; REMEDIES
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
Events of Default ...................................................................................................38
Remedies; Rights of Registered Owners ...............................................................39
Right of Registered Owners to Direct Proceedings ...............................................40
Application of Moneys ..........................................................................................40
Remedies Vested in Trustee...................................................................................41
Rights and Remedies of Registered Owners ..........................................................41
Termination of Proceedings ...................................................................................42
Waivers of Events of Default .................................................................................42
Cooperation of Issuer .............................................................................................43
ARTICLE VIII
THE TRUSTEE
Section 8.1
Section 8.2
Section 8.3
Acceptance of the Trusts ........................................................................................43
Fees, Charges and Expenses of Trustee .................................................................45
Notice to Registered Owners if Event of Default Occurs ......................................45
4913-9078-4135, v. 5
ii
Page 116 of 192
Section 8.4
Section 8.5
Section 8.6
Section 8.7
Section 8.8
Section 8.9
Section 8.10
Section 8.11
Section 8.12
Section 8.13
Section 8.14
Section 8.15
Intervention by Trustee ..........................................................................................45
Successor Trustee...................................................................................................46
Resignation by the Trustee.....................................................................................46
Removal of the Trustee ..........................................................................................46
Appointment of Successor Trustee by Registered Owners; Temporary Trustee ...46
Concerning Any Successor Trustee .......................................................................47
Trustee Protected in Relying Upon Indenture, Etc. ...............................................47
Successor Trustee as Trustee of Funds; Paying Agent and Bond Registrar ..........47
Trust Estate May Be Vested in Separate or Co-Trustee ........................................47
Annual Accounting ................................................................................................48
Indemnification ......................................................................................................48
Trustee’s Right to Own and Deal in Bonds ...........................................................48
ARTICLE IX
SUPPLEMENTAL INDENTURES
Section 9.1
Supplemental Indentures Not Requiring Consent of Registered Owners, Security
Instrument Issuers and Reserve Instrument Providers ...................................................................48
Section 9.2
Supplemental Indentures Requiring Consent of Registered Owners and Reserve
Instrument Providers; Waivers and Consents by Registered Owners ...........................................50
ARTICLE X
DISCHARGE OF INDENTURE
ARTICLE XI
MISCELLANEOUS
Section 11.1 Consents, Etc., of Registered Owners ....................................................................53
Section 11.2 Limitation of Rights ...............................................................................................53
Section 11.3 Severability ............................................................................................................53
Section 11.4 Notices ...................................................................................................................53
Section 11.5 Trustee as Paying Agent and Registrar ..................................................................54
Section 11.6 Counterparts ...........................................................................................................54
Section 11.7 Applicable Law ......................................................................................................54
Section 11.8 Immunity of Officers and Directors .......................................................................54
Section 11.9 Holidays .................................................................................................................54
Section 11.10 Effective Date ........................................................................................................54
Section 11.11 Compliance with Act .............................................................................................54
EXHIBIT A FORM OF REQUISITION ....................................................................................A-1
4913-9078-4135, v. 5
iii
Page 117 of 192
THIS GENERAL INDENTURE OF TRUST, dated as of [November] 1, 2026, by and
between Salt Lake County, Utah, a political subdivision and body politic duly organized and
existing under the Constitution and laws of the State of Utah (the “Issuer”), and Zions
Bancorporation, National Association, a national banking association duly organized and existing
under the laws of the United States of America, authorized by law to accept and execute trusts and
having its principal corporate trust office in Salt Lake City, Utah, as trustee (the “Trustee”),
W I T N E S S E T H:
WHEREAS, the Issuer desires to finance and/or refinance all or a portion of the costs of
[improvements and facilities for the benefit of the Issuer] pursuant to the Local Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended, and/or the Utah
Refunding Bond Act, Title 11, Chapter 27, Utah Code Annotated 1953, as amended (collectively,
the “Act”); and
WHEREAS, the Issuer is authorized under the Act to issue its bonds secured by a pledge
of and payable from the Revenues described herein; and
WHEREAS, the Issuer desires to pledge said Revenues toward the payment of the Principal
and interest on Bonds issued hereunder:
NOW, THEREFORE, THIS INDENTURE OF TRUST WITNESSETH:
For and in consideration of the premises, the mutual covenants of the Issuer and the
Trustee, the purchase from time to time of the Bonds by the Registered Owners thereof, the
issuance by Security Instrument Issuers from time to time of Security Instruments and the issuance
by Reserve Instrument Providers from time to time of Reserve Instruments, and in order to secure
the payment of the Principal of and premium, if any, and interest on the Bonds, of all Repayment
Obligations according to their tenor and effect and the performance and observance by the Issuer
of all the covenants expressed or implied herein, in the Bonds, in all Security Instrument
Agreements and in all Reserve Instrument Agreements, the Issuer does hereby convey, assign and
pledge unto the Trustee and unto its successors in trust forever all right, title and interest of the
Issuer in and to (i) the Revenues, (ii) any legally available moneys of the Issuer appropriated to
the payment of the Bonds pursuant to Section 2.16 hereof, (iii) all moneys in funds and accounts
held by the Trustee hereunder (except the Rebate Fund), and (iv) all other rights hereinafter
granted, first, for the further securing of the Bonds and all Security Instrument Repayment
Obligations, and second, for the further security of all Reserve Instrument Repayment Obligations,
subject only to the provisions of this Indenture permitting the application thereof for the purposes
and on the terms and conditions set forth in this Indenture;
TO HAVE AND TO HOLD all the same with all privileges and appurtenances hereby and
hereafter conveyed and assigned, or agreed or intended so to be, to the Trustee and its respective
successors and assigns in such trust forever;
IN TRUST NEVERTHELESS, upon the terms and trust set forth in this Indenture, FIRST,
with respect to the Revenues, for the equal and proportionate benefit, security and protection of all
Registered Owners of the Bonds issued pursuant to and secured by this Indenture and all Security
Instrument Issuers without privilege, priority or distinction as to the lien or otherwise of any Bond
Page 118 of 192
or Security Instrument Issuer over any other by reason of time of issuance, sale, delivery or
maturity or expiration thereof or otherwise for any cause whatsoever, except as expressly provided
in or permitted by this Indenture; and SECOND, for the equal and proportionate benefit, security
and protection of all Reserve Instrument Providers, without privilege, priority or distinction as to
the lien or otherwise of any Reserve Instrument Repayment Obligation over any of the others by
reason of time of issuance, delivery or expiration thereof or otherwise for any cause whatsoever;
PROVIDED, HOWEVER, that if the Issuer, its successors or assigns, shall well and truly
pay, or cause to be paid, the Principal and premium, if any, on the Bonds and the interest due or to
become due thereon, at the times and in the manner mentioned in the Bonds, all Security
Instrument Repayment Obligations, according to the true intent and meaning thereof, and all
Reserve Instrument Repayment Obligations, according to the true intent and meaning thereof, or
shall provide, as permitted by this Indenture, for the payment thereof as provided in ARTICLE X
hereof, and shall pay or cause to be paid to the Trustee all sums of money due or to become due to
it in accordance with the terms and provisions of this Indenture, then upon such final payments or
provisions for such payments by the Issuer, this Indenture, and the rights hereby granted, shall
terminate; otherwise this Indenture shall remain in full force and effect.
The terms and conditions upon which the Bonds are to be executed, authenticated,
delivered, secured and accepted by all persons who from time to time shall be or become
Registered Owners thereof, and the trusts and conditions upon which the Revenues are to be held
and disposed, which said trusts and conditions the Trustee hereby accepts, are as follows:
ARTICLE I
DEFINITIONS
Section 1.1
Definitions. As used in this Indenture, the following terms shall have the
following meanings unless the context otherwise clearly indicates:
“Accreted Amount” means, with respect to Capital Appreciation Bonds of any Series and
as of the date of calculation, the amount representing the initial public offering price, plus the
accumulated and compounded interest on such Bonds, as established pursuant to the Supplemental
Indenture authorizing such Capital Appreciation Bonds.
“Act” means, the Local Government Bonding Act, Title 11, Chapter 14, Utah Code and
the Utah Refunding Bond Act, Title 11, Chapter 27, Utah Code, each to the extent applicable.
“Additional Bonds” means all Bonds issued under this Indenture other than the Initial
Bonds.
“Aggregate Annual Debt Service Requirement” means the total Debt Service (including
any Repayment Obligations) for any one Bond Fund Year (or other specific period) on all Series
of Bonds Outstanding or any specified portion thereof.
“Authorized Amount” means, with respect to a Commercial Paper Program, the maximum
Principal amount of commercial paper which is then authorized by the Issuer to be outstanding at
any one time pursuant to such Commercial Paper Program.
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“Authorized Representative” means the Mayor, County Treasurer, or Deputy Mayor of
Finance and Administration/Financial Officer of the Issuer or any other officer of the Issuer
certified in writing to the Trustee by the Issuer.
“Average Aggregate Annual Debt Service Requirement” means the total of all Aggregate
Annual Debt Service Requirements divided by the total Bond Fund Years of the Bonds
Outstanding or any specified portion thereof.
“Balloon Bonds” means, unless otherwise provided in the related Supplemental Indenture,
Bonds (and/or Security Instrument Repayment Obligations relating thereto), other than Bonds
which mature within one year of the date of issuance thereof, 25% or more of the Principal
Installments on which (a) are due or, (b) at the option of the Owner thereof may be redeemed,
during any period of twelve consecutive months; provided, however, that to constitute Balloon
Bonds, the Issuer must so designate such Bonds.
“Bond Fund” means Salt Lake County, Utah Transient Room Tax Revenue Bond Fund
created in Section 3.2 hereof to be held by the Trustee and administered pursuant to Section 5.3
hereof.
“Bond Fund Year” means the 12-month period beginning January 1 of each year and
ending on the next succeeding December 31, except that the first Bond Fund Year shall begin on
the date of delivery of the Initial Bonds and shall end on the next succeeding December 31.
“Bondholder,” “Bondowner,” “Registered Owner” or “Owner” means the registered owner
of any Bonds herein authorized according to the registration books of the Issuer maintained by the
Trustee as Registrar.
“Bonds” means bonds, notes, commercial paper or other obligations (other than Repayment
Obligations) authorized by and at any time Outstanding pursuant to this Indenture, including the
Initial Bonds and any Additional Bonds.
“Bond Counsel” means an attorney or firm of attorneys of nationally recognized standing
in the field of law relating to municipal bonds, selected by the Issuer and acceptable to the Trustee.
“Business Day” means any day (i)(a) on which banking business is transacted, but not
including any day on which banks are authorized to be closed in New York City or in the city in
which the Trustee has its Principal Corporate Trust Office or, with respect to a related Series of
Bonds, in the city in which any Security Instrument Issuer has its principal office for purposes of
such Security Instrument and (b) on which the New York Stock Exchange is open, or (ii) as
otherwise provided in a Supplemental Indenture.
“Capital Appreciation Bonds” means Bonds, the interest on which (i) is compounded and
accumulated at the rates and on the dates set forth in the Supplemental Indenture authorizing the
issuance of such Bonds and designating them as Capital Appreciation Bonds, and (ii) is payable
upon maturity or prior redemption of such Bonds.
“Code” means the Internal Revenue Code of 1986, as amended.
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“Commercial Paper Program” means commercial paper obligations with maturities of not
more than two hundred seventy (270) days from the dates of issuance thereof which are issued and
reissued by the Issuer from time to time pursuant to ARTICLE II hereof and are outstanding up to
an Authorized Amount.
“Construction Fund” means the Salt Lake County, Utah Transient Room Tax Revenue
Construction Fund created in Section 3.1 hereof to be held by the Trustee and administered
pursuant to Section 5.1 hereof.
“Convention Center Hotel Fees” means the 2% fee collected by the Issuer on short-term
guest room rental revenue on stays of 29 days or less on lodging establishments that have 35 or
more rooms in the Salt Lake Convention District, pursuant to the Convention Tourism and
Business Assessment Act, Title 11, Chapter 42b, Utah Code.
“Cost” or “Costs” or “Cost of Completion,” or any phrase of similar import, in connection
with a Project or with the refunding of any bonds, means all costs and expenses which are properly
chargeable thereto under generally accepted accounting principles or which are incidental to the
financing, acquisition and construction of a Project, or the refunding of any bonds, including,
without limiting the generality of the foregoing:
(a)
amounts payable to contractors and costs incident to the award of contracts;
(b)
cost of labor, facilities and services furnished by the Issuer and its
employees or others, materials and supplies purchased by the Issuer or others and permits
and licenses obtained by the Issuer or others;
(c)
engineering, architectural, legal, planning, underwriting, accounting and
other professional and advisory fees;
(d)
premiums for contract bonds and insurance during construction and costs
on account of personal injuries and property damage in the course of construction and
insurance against the same;
(e)
Project;
interest expenses, including interest on the Series of Bonds relating to a
(f)
printing, engraving and other expenses of financing, including fees of
financial rating services and other costs of issuing the Series of Bonds (including costs of
interest rate caps and costs related to Interest Rate Swaps (or the elimination thereof));
(g)
costs, fees and expenses in connection with the acquisition of real and
personal property or rights therein, including premiums for title insurance;
(h)
costs of furniture, fixtures, and equipment purchased by the Issuer and
necessary to construct a Project;
(i)
amounts required to repay temporary or bond anticipation loans or notes
made to finance the costs of a Project;
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(j)
Project;
(k)
cost of site improvements performed by the Issuer in anticipation of a
moneys necessary to fund the Funds created under this Indenture;
(l)
costs of the capitalization with proceeds of a Series of Bonds issued
hereunder of any operation and maintenance expenses and other working capital
appertaining to any facilities to be acquired for a Project and of any interest on a Series of
Bonds for any period not exceeding the period estimated by the Issuer to effect the
construction of a Project plus one year, as herein provided, of any discount on bonds or
other securities, and of any reserves for the payment of the Principal of and interest on a
Series of Bonds, of any replacement expenses and of any other cost of issuance of a Series
of Bonds or other securities, Security Instrument Costs and Reserve Instrument Costs;
(m)
costs of amending any indenture or other instrument authorizing the
issuance of or otherwise appertaining to a Series of Bonds;
(n)
all other expenses necessary or desirable and appertaining to a Project, as
estimated or otherwise ascertained by the Issuer, including costs of contingencies for a
Project; and
(o)
payment to the Issuer of such amounts, if any, as shall be necessary to
reimburse the Issuer in full for advances and payments theretofore made or costs
theretofore incurred by the Issuer for any item of Costs.
In the case of refunding or redeeming any bonds or other obligations, “Cost” includes, without
limiting the generality of the foregoing, the items listed in (c), (e), (f), (i), (k), (l), (m) and (o)
above, advertising and other expenses related to the redemption of such bonds to be redeemed and
the redemption price of such bonds (and the accrued interest payable on redemption to the extent
not otherwise provided for).
“County Clerk” means the County Clerk of the Issuer and any deputy to the County Clerk
or any successor to the duties of such office.
“Cross-over Date” means, with respect to Cross-over Refunding Bonds, the date on which
the Principal portion of the related Cross-over Refunded Bonds is to be paid or redeemed from the
proceeds of such Cross-over Refunding Bonds.
“Cross-over Refunded Bonds” means Bonds or other obligations refunded by Cross-over
Refunding Bonds.
“Cross-over Refunding Bonds” means Bonds issued for the purpose of refunding Bonds or
other obligations if the proceeds of such Cross-over Refunding Bonds are irrevocably deposited in
escrow in satisfaction of the requirements of Section 11-27-3, Utah Code, to secure the payment
on an applicable redemption date or maturity date of the Cross-over Refunded Bonds (subject to
possible use to pay Principal of the Cross-over Refunding Bonds under certain circumstances) and
the earnings on such escrow deposit are required to be applied to pay interest on the Cross-over
Refunding Bonds until the Cross-over Date.
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“Current Interest Bonds” means all Bonds other than Capital Appreciation Bonds. Interest
on Current Interest Bonds shall be payable periodically on the Interest Payment Dates provided
therefor in a Supplemental Indenture.
“Debt Service” means, for any particular Bond Fund Year and for any Series of Bonds and
any Repayment Obligations, an amount equal to the sum of (i) all interest payable during such
Bond Fund Year on such Series of Bonds plus (ii) the Principal Installments payable during such
Bond Fund Year on (a) such Bonds Outstanding, calculated on the assumption that Bonds
Outstanding on the day of calculation cease to be Outstanding by reason of, but only by reason of,
payment either upon maturity or application of any Sinking Fund Installments required by the
Indenture, and (b) such Repayment Obligations then outstanding;
provided, however, for purposes of Section 2.13 hereof,
(1)
when calculating interest payable during such Bond Fund Year for any Series of
Variable Rate Bonds or Repayment Obligations bearing interest at a variable rate which cannot be
ascertained for any particular Bond Fund Year, it shall be assumed that such Series of Variable
Rate Bonds or related Repayment Obligations will bear interest at such market rate of interest
applicable to such Series of Variable Rate Bonds or related Repayment Obligations, as shall be
established for this purpose in the opinion of the Issuer’s financial advisor, underwriter or similar
agent (which market rate of interest may be based upon a recognized comparable market index, an
average of interest rates for prior years or otherwise);
(2)
when calculating interest payable during such Bond Fund Year for any Series of
Variable Rate Bonds which are issued with a floating rate and with respect to which an Interest
Rate Swap is in effect in which the Issuer has agreed to pay a fixed interest rate, such Series of
Variable Rate Bonds shall be deemed to bear interest at the effective fixed annual rate thereon as
a result of such Interest Rate Swap; provided that such effective fixed annual rate may be utilized
only if such Interest Rate Swap does not result in a reduction or withdrawal of any rating then in
effect with respect to the Bonds and so long as such Interest Rate Swap is contracted to remain in
full force and effect;
(3)
when calculating interest payable during such Bond Fund Year for any Series of
Bonds which are issued with a fixed interest rate and with respect to which an Interest Rate Swap
is in effect in which the Issuer has agreed to pay a floating amount, Debt Service shall include the
interest payable on such Series of Bonds, less fixed amounts to be received by the Issuer under
such Interest Rate Swap plus the amount of the floating payments (using the market rate in a
manner similar to that described in (1) above, unless another method of estimation is more
appropriate, in the opinion of the Issuer’s financial advisor, underwriter or similar agent with the
approval of each Rating Agency, for such floating payments) to be made by the Issuer under the
Interest Rate Swap; provided that the above described calculation of Debt Service may be utilized
only if such Interest Rate Swap does not result in a reduction or withdrawal of any rating then in
effect with respect to the Bonds and so long as such Interest Rate Swap is contracted to remain in
full force and effect;
(4)
when calculating interest payable during such Bond Fund Year with respect to any
Commercial Paper Program, Debt Service shall include an amount equal to the sum of all Principal
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and interest payments that would be payable during such Bond Fund Year assuming that the
Authorized Amount of such Commercial Paper Program is amortized on a level debt service basis
over a period of 30 years beginning on the date of calculation or, if later, the last day of the period
during which obligations can be issued under such Commercial Paper Program, and bearing
interest at such market rate of interest applicable to such Commercial Paper Program as shall be
established for this purpose in the opinion of the Issuer’s financial advisor, underwriter or similar
agent (which market rate of interest may be based upon a recognized comparable market index, an
average of interest rates for prior years or otherwise);
(5)
When calculating interest payable on Bonds that are Paired Obligations, the interest
rate on such Bonds shall be the resulting linked rate or effective fixed interest rate to be paid by
the Issuer with respect to such Paired Obligations; and
(6)
Amortization of Balloon Bonds may be assumed on a level debt service basis over
a twenty-year period at the interest rate based on the Revenue Bond Index as last published in The
Bond Buyer, provided that the full amount of Balloon Bonds shall be included in the calculation if
the calculation is made within twelve (12) months of the actual maturity of such Balloon Bonds
and no credit facility exists;
and further provided, that there shall be excluded from Debt Service (a) interest on Bonds
(including Cross-over Refunding Bonds or Cross-over Refunded Bonds) to the extent that
Escrowed Interest or capitalized interest is available to pay such interest, (b) Principal on Crossover Refunded Bonds to the extent that the proceeds of Cross-over Refunding Bonds are on deposit
in an irrevocable escrow in satisfaction of the requirements of Section 11-27-3, Utah Code, as
amended, and such proceeds or the earnings thereon are required to be applied to pay such
Principal (subject to the possible use to pay the Principal of the Cross-over Refunding Bonds under
certain circumstances) and such amounts so required to be applied are sufficient to pay such
Principal, and (c) Repayment Obligations to the extent that payments on Pledged Bonds relating
to such Repayment Obligations satisfy the Issuer’s obligation to pay such Repayment Obligations.
“Debt Service Reserve Fund” means Salt Lake County, Utah Transient Room Tax Revenue
Debt Service Reserve Fund created in Section 3.4 hereof to be held by the Trustee and administered
pursuant to Section 5.5 hereof.
“Debt Service Reserve Requirement” means, with respect to each Series of Bonds issued
pursuant to this Indenture, unless otherwise provided in the related Supplemental Indenture, an
amount equal to the least of (a) ten percent (10%) of the proceeds of such Series of Bonds
determined on the basis of original Principal amount (unless original issue premium or original
issue discount exceeds two percent (2%) of original Principal, then determined on the basis of
initial purchase price to the public), (b) the maximum annual Debt Service during any Bond Fund
Year for such Series of Bonds, and (c) one hundred twenty-five percent (125%) of the average
annual Debt Service for such Series of Bonds; provided, however, that in the event any Series of
Refunding Bonds is issued to refund only a portion and not all of the then Outstanding Bonds of
any other Series issued pursuant to this Indenture (the “Prior Bonds”), then the portion of such
Series of Prior Bonds that remain Outstanding immediately after the issuance of such Refunding
Bonds and the portion of such Refunding Bonds that is allocable to the refunding of such Series
of Prior Bonds may be combined and treated as a single Series for purpose of determining the Debt
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Service Reserve Requirement relating to such combined Series and the resulting requirement shall
be allocated among the two (2) Series pro rata based upon the total Principal amount remaining
Outstanding for each Series. The Debt Service Reserve Requirement may be funded by proceeds
from the sale of such Series of Bonds, by a Reserve Instrument as herein provided or, if provided
in the related Supplemental Indenture, may be accumulated over time. Each account of the Debt
Service Reserve Fund shall only be used with respect to the related Series of Bonds.
“Direct Obligations” means noncallable Government Obligations.
“Escrowed Interest” means amounts irrevocably deposited in escrow in accordance with
the requirements of Section 11-27-3, Utah Code, in connection with the issuance of refunding
bonds or Cross-over Refunding Bonds secured by such amounts or earnings on such amounts
which are required to be applied to pay interest on such Cross-over Refunding Bonds or the related
Cross-over Refunded Bonds.
“Event of Default” means with respect to any default or event of default hereunder any
occurrence or event specified in and defined by Section 7.1 hereof.
“Fitch” means Fitch Ratings, Inc.
“Governing Body” means the County Council of the Issuer.
“Government Obligations” means solely one or more of the following:
(a)
(“SLGS”);
State and Local Government Series issued by the United States Treasury
(b)
United States Treasury bills, notes and bonds, as traded on the open market;
(c)
Zero Coupon United States Treasury Bonds; and
(d)
Any other direct obligations of or obligations fully and unconditionally
guaranteed by, the United States of America (including, without limitation, obligations
commonly referred to as “REFCORP strips”).
“Indenture” means this General Indenture of Trust as from time to time amended or
supplemented by Supplemental Indentures in accordance with the terms of this Indenture.
“Initial Bonds” means the first Series of Bonds issued under this Indenture.
“Interest Payment Date” means the stated payment date of an installment of interest on the
Bonds.
“Interest Rate Swap” means an agreement between the Issuer or the Trustee and a Swap
Counterparty related to a Series of Bonds whereby (i) a variable rate cash flow (which may be
subject to any interest rate cap) on a principal or notional amount is exchanged for a fixed rate of
return on an equal principal or notional amount or (ii) a fixed rate cash flow on a principal or
notional amount is exchanged for a variable rate of return (which may be subject to any interest
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rate cap) on an equal principal or notational amount. If the Issuer or the Trustee enters into more
than one Interest Rate Swap with respect to a Series of Bonds, each Interest Rate Swap shall specify
the same payment dates.
“Issuer” means Salt Lake County, Utah and its successors.
“Mayor” means the duly elected mayor of the Issuer. Such term shall also include any
Deputy Mayor except as the Deputy Mayor’s powers may be limited by written declaration of the
duly elected Mayor.
“Moody’s” means Moody’s Investors Service, Inc.
“MSRB” means the Municipal Securities Rulemaking Board.
“Outstanding” or “Bonds Outstanding” means at any date all Bonds which have not been
canceled which have been or are being authenticated and delivered by the Trustee under this
Indenture, except:
(a)
Any Bond or portion thereof which at the time has been paid or deemed
paid pursuant to Article X of this Indenture; and
(b)
Any Bond in lieu of or in substitution for which a new Bond shall have been
authenticated and delivered hereunder, unless proof satisfactory to the Trustee is presented
that such Bond is held by a bona fide holder in due course.
“Owner(s)” or “Registered Owner(s)” means the registered owner(s) of the Bonds
according to the registration books of the Issuer maintained by the Trustee as Registrar for the
Bonds pursuant to Sections 2.6, 6.5, and 11.5 hereof.
“Paired Obligations” means any Series (or portion thereof) of Bonds designated as Paired
Obligations in the Supplemental Indenture authorizing the issuance or incurrence thereof, which
are simultaneously issued or incurred (i) the Principal of which is of equal amount maturing and
to be redeemed (or cancelled after acquisition thereof) on the same dates and in the same amounts,
and (ii) the interest rates of which, when taken together, result in an irrevocably fixed interest rate
obligation of the Issuer for the terms of such Bonds.
“Paying Agent” means the Trustee, appointed as the initial paying agent for the Bonds
pursuant to Sections 6.6 and 11.5 hereof, and any additional or successor paying agent appointed
pursuant hereto.
“Pledged Bonds” means any Bonds that have been (i) pledged or in which any interest has
otherwise been granted to a Security Instrument Issuer as collateral security for Security
Instrument Repayment Obligations or (ii) purchased and held by a Security Instrument Issuer
pursuant to a Security Instrument.
“Pledged Highway Funds” means 100% of the Issuer’s portion of transfers from the County
of the First Class Highway Fund under Section 72-2-121 Utah Code which are permitted to be
used on the Project, and, beginning July 1, 2030 through July 1, 2060, Section 59-12-2214(5)(b).
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“Principal” means (i) with respect to any Capital Appreciation Bond, the Accreted Amount
thereof (the difference between the stated amount to be paid at maturity and the Accreted Amount
being deemed unearned interest), except as used in connection with the authorization and issuance
of Bonds and with the order of priority of payment of Bonds after an Event of Default, in which
case “Principal” means the initial public offering price of a Capital Appreciation Bond (the
difference between the Accreted Amount and the initial public offering price being deemed
interest), and (ii) with respect to any Current Interest Bond, the Principal amount of such Bond
payable at maturity.
“Principal Corporate Trust Office” means, with respect to the Trustee, the office of the
Trustee at 7860 South Bingham Junction Blvd, Midvale, Utah 84047, Attention: Corporate Trust
Department, or such other or additional offices as may be specified by the Trustee.
“Principal Installment” means, as of any date of calculation, (i) with respect to any Series
of Bonds, so long as any Bonds thereof are Outstanding, (a) the Principal amount of Bonds of such
Series due on a certain future date for which no Sinking Fund Installments have been established,
or (b) the unsatisfied balance of any Sinking Fund Installment due on a certain future date for
Bonds of such Series, plus the amount of the sinking fund redemption premiums, if any, which
would be applicable upon redemption of such Bonds on such future date in a Principal amount
equal to such unsatisfied balance of such Sinking Fund Installment and (ii) with respect to any
Repayment Obligations, the Principal amount of such Repayment Obligations due on a certain
future date.
“Project” means the acquisition, construction, and/or improvement of capital facilities,
equipment and/or improvements financed or refinanced with a Series of Bonds that qualifies as an
appropriate use for the Revenues.
“Put Bond” means any Bond which is part of a Series of Bonds which is subject to purchase
by the Issuer, its agent or a third party from the Owner of the Bond pursuant to provisions of the
Supplemental Indenture authorizing the issuance of the Put Bond and designating it as a “Put
Bond”.
“Qualified Investments” means any of the following securities:
(a)
Government Obligations;
(b)
Obligations of any of the following federal agencies which obligations
represent full faith and credit obligations of the United States of America including: the
Export-Import Bank of the United States; the Government National Mortgage Association;
the Federal Financing Bank; the Farmer’s Home Administration; the Federal Housing
Administration; the Maritime Administration: General Services Administration, Small
Business Administration; or the Department of Housing and Urban Development (PHA’s);
(c)
Money market funds rated “AAAm” or “AAAm-G” or better by S & P
and/or the equivalent rating or better of Moody’s (if so rated), including money market
funds from which the Trustee or its affiliates derive a fee for investment advisory services
to such funds;
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(d)
Commercial paper which is rated at the time of purchase in the single
highest classification, “P-1” by Moody’s or “A-1+” by S&P, and which matures not more
than 270 days after the date of purchase;
(e)
Bonds, notes or other evidences of indebtedness rated “AAA” by S&P and
“Aaa” by Moody’s issued by the Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation with remaining maturities not exceeding three years;
(f)
U.S. dollar denominated deposit accounts, federal funds and banker’s
acceptances with domestic commercial banks, including the Trustee and its affiliates,
which have a rating on their short-term certificates of deposit on the date or purchase of
“A-1” or “A-1+” by S&P and “P-1” by Moody’s and maturing no more than 360 days after
the date of purchase (ratings on holding companies are not considered as the rating of the
bank);
(g)
The fund held by the Treasurer for the State of Utah and commonly known
as the Utah State Public Treasurer’s Investment Fund; and
(h)
Any other investments or securities permitted for investment of public funds
under the State Money Management Act of 1974, Title 51, Chapter 7, Utah Code,
Annotated 1953, as amended, including investments contracts permitted by Section 51-717(2)(d) thereof.
“Rating Agency” means Fitch, Moody’s or S&P and their successors and assigns, but only
to the extent such rating agency is then providing a rating on a Series of Bonds issued hereunder
at the request of the Issuer. If any such Rating Agency ceases to act as a securities rating agency,
the Issuer may designate any nationally recognized securities rating agency as a replacement.
“Rating Category” or “Rating Categories” mean one or more of the generic rating
categories of a Rating Agency, without regard to any refinement or gradation of such rating
category or categories by a numerical modifier or otherwise.
“Rebatable Arbitrage” means with respect to any Series of Bonds where the interest thereon
is intended to be excludable from gross income for federal income tax purposes, the amount
(determinable as of each Rebate Calculation Date) of rebatable arbitrage payable to the United
States at the times and in the amounts specified in Section 148(f)(3) of the Code and Section 1.1483 of the Regulations.
“Rebate Calculation Date” means, with respect to any Series of Bonds where the interest
thereon is intended to be excludable from gross income for federal income tax purposes, the
Interest Payment Date next preceding the fifth anniversary of the issue date of such Series of
Bonds, each fifth anniversary of the initial rebate calculation date for such Series of Bonds, and
the date of retirement of the last Bond for such Series.
“Rebate Fund” means Salt Lake County, Utah Transient Room Tax Revenue Rebate Fund
created in Section 3.6 hereof to be held by the Trustee and administered pursuant to Section 5.7
hereof.
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“Registrar” means the Trustee (or other party designated as Registrar by Supplemental
Indenture), appointed as the registrar for the Bonds pursuant to Sections 2.6 and 11.5 hereof, and
any additional or successor registrar appointed pursuant hereto.
“Regular Record Date” means, unless otherwise provided by Supplemental Indenture for
a Series of Bonds, the fifteenth day immediately preceding each Interest Payment Date.
“Regulations,” and all references thereto means the applicable final, proposed and
temporary United States Treasury Regulations promulgated with respect to Sections 103 and 141
through 150 of the Code, including all amendments thereto made hereafter.
“Remarketing Agent” means the remarketing agent or commercial paper dealer appointed
by the Issuer pursuant to a Supplemental Indenture.
“Repayment Obligations” means, collectively, all outstanding Security Instrument
Repayment Obligations and Reserve Instrument Repayment Obligations.
“Reserve Instrument” means a device or instrument issued by a Reserve Instrument
Provider to satisfy all or any portion of the Debt Service Reserve Requirement applicable to a
Series of Bonds. The term “Reserve Instrument” includes, by way of example and not of
limitation, letters of credit, bond insurance policies, surety bonds, standby bond purchase
agreements, lines of credit and other devices.
“Reserve Instrument Agreement” means any agreement entered into by the Issuer and a
Reserve Instrument Provider pursuant to a Supplemental Indenture (including the applicable
portions of a Supplemental Indenture) and providing for the issuance by such Reserve Instrument
Provider of a Reserve Instrument.
“Reserve Instrument Costs” means all fees, premiums, expenses and similar costs, other
than Reserve Instrument Repayment Obligations, required to be paid to a Reserve Instrument
Provider pursuant to a Reserve Instrument Agreement. Each Reserve Instrument Agreement shall
specify the fees, premiums, expenses and costs constituting Reserve Instrument Costs.
“Reserve Instrument Coverage” means, as of any date of calculation, the aggregate amount
available to be paid to the Trustee pursuant hereto under all Reserve Instruments.
“Reserve Instrument Fund” means Salt Lake County, Utah Transient Room Tax Revenue
Reserve Instrument Fund created in Section 3.5 hereof to be held by the Trustee and administered
pursuant to Section 5.6 hereof.
“Reserve Instrument Limit” means, as of any date of calculation and with respect to any
Reserve Instrument, the maximum aggregate amount available to be paid under such Reserve
Instrument into the Debt Service Reserve Fund assuming for purposes of such calculation that the
amount initially available under each Reserve Instrument has not been reduced or that the amount
initially available under each Reserve Instrument has only been reduced as a result of the payment
of Principal of the applicable Series of Bonds.
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“Reserve Instrument Provider” means any bank, savings and loan association, savings
bank, thrift institution, credit union, insurance company, surety company or other institution
issuing a Reserve Instrument.
“Reserve Instrument Repayment Obligations” means, as of any date of calculation and with
respect to any Reserve Instrument Agreement, those outstanding amounts payable by the Issuer
under such Reserve Instrument Agreement to repay the Reserve Instrument Provider for payments
previously made by it pursuant to a Reserve Instrument. There shall not be included in the
calculation of Reserve Instrument Repayment Obligations any Reserve Instrument Costs.
“Revenue Fund” means Salt Lake County, Utah Transient Room Tax Revenue Fund
created in Section 3.7 hereof to be held by the Issuer and administered pursuant to Section 5.2
hereof.
“Revenues” means (i) 100% of the Transient Room Tax Revenues; (ii) 100% of the
Convention Center Hotel Fees, and (iii) 100% of the Pledged Highway Funds.
“S&P” means S&P Global Ratings.
“Security Instrument” means an instrument or other device issued by a Security Instrument
Issuer to pay, or to provide security or liquidity for, a Series of Bonds. The term “Security
Instrument” includes, by way of example and not of limitation, letters of credit, bond insurance
policies, standby bond purchase agreements, lines of credit and other security instruments and
credit enhancement or liquidity devices (but does not include a Reserve Instrument); provided,
however, that no such device or instrument shall be a “Security Instrument” for purposes of this
Indenture unless specifically so designated in a Supplemental Indenture authorizing the use of such
device or instrument.
“Security Instrument Agreement” means any agreement entered into by the Issuer and a
Security Instrument Issuer pursuant to a Supplemental Indenture (including the applicable portions
of a Supplemental Indenture) providing for the issuance by such Security Instrument Issuer of a
Security Instrument.
“Security Instrument Costs” means, with respect to any Security Instrument, all fees,
premiums, expenses and similar costs, other than Security Instrument Repayment Obligations,
required to be paid to a Security Instrument Issuer pursuant to a Security Instrument Agreement
or the Supplemental Indenture authorizing the use of such Security Instrument. Such Security
Instrument Agreement or Supplemental Indenture shall specify any fees, premiums, expenses and
costs constituting Security Instrument Costs.
“Security Instrument Issuer” means any bank or other financial institution, insurance
company, surety company or other institution issuing a Security Instrument.
“Security Instrument Repayment Obligations” means, as of any date of calculation and
with respect to any Security Instrument Agreement, any outstanding amounts payable by the Issuer
under the Security Instrument Agreement or the Supplemental Indenture authorizing the use of
such Security Instrument to repay the Security Instrument Issuer for payments previously or
concurrently made by the Security Instrument Issuer pursuant to a Security Instrument. There
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shall not be included in the calculation of the amount of Security Instrument Repayment
Obligations any Security Instrument Costs.
“Series” means all of the Bonds authenticated and delivered on original issuance and
identified pursuant to the Supplemental Indenture authorizing such Bonds as a separate Series of
Bonds, and any Bonds thereafter authenticated and delivered in lieu thereof or in substitution
therefor.
“Sinking Fund Account” means Salt Lake County, Utah Transient Room Tax Revenue
Sinking Fund Account of the Bond Fund created in Section 3.3 hereof to be held by the Trustee
and administered pursuant to Section 5.4 hereof.
“Sinking Fund Installment” means the amount of money which is required to be deposited
into the Sinking Fund Account in each Bond Fund Year for the retirement of Term Bonds as
specified in the Supplemental Indenture authorizing said Term Bonds (whether at maturity or by
redemption), and including the redemption premium, if any.
“Special Record Date” means such date as may be fixed for the payment of defaulted
interest on the Bonds in accordance with this Indenture.
“State” means the State of Utah.
“Supplemental Indenture” means any supplemental indenture between the Issuer and the
Trustee entered into pursuant to and in compliance with the provisions of ARTICLE IX hereof.
“Swap Counterparty” means a member of the International Swap Dealers Association rated
in one of the three top Rating Categories by at least one of the Rating Agencies and meeting the
requirements of applicable laws of the State.
“Swap Payments” means as of each payment date specified in an Interest Rate Swap, the
amount, if any, payable to the Swap Counterparty by the Issuer. Swap Payments do not include
any Termination Payments.
“Swap Receipts” means as of each payment date specified in an Interest Rate Swap, the
amount, if any, payable for the account of the Issuer by the Swap Counterparty. Swap Receipts
do not include amounts received with respect to the early termination or modification of an Interest
Rate Swap.
“Term Bonds” means the Bonds which shall be subject to retirement by operation of
mandatory sinking fund redemptions from the Sinking Fund Account.
“Termination Payments” means the amount payable to the Swap Counterparty by the Issuer
with respect to the early termination or modification of an Interest Rate Swap. Termination
Payments may only be payable from and secured by Revenues after payment of all amounts then
due pursuant to the Indenture.
“Transient Room Tax Revenues” means all of the revenues produced by 2.25% of the
4.25% tax currently levied by the Issuer pursuant to Title 59, Chapter 12, Part 3 of the Utah Code,
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after payment of the amounts required under Section 59-12-301(2)(a) or (b), as applicable, to the
Transient Room Tax Fund created by Section 63N-3-403, Utah Code; provided however, Transient
Room Tax Revenues do not include those revenues generated by the imposition of the 2.25%
levied at the convention hotel located adjacent to the Salt Palace Convention Center in Salt Lake
City, Utah and pledged pursuant to that certain Trust Indenture dated as of December 1, 2019
between Salt Lake County, Utah and Zions Bancorporation, National Association, until such time
that the obligations issued pursuant to such indenture are paid off.
“Trustee” means Zions Bancorporation, National Association, or any successor
corporation resulting from or surviving any consolidation or merger to which it or its successors
may be a party and any successor trustee at any time serving as successor trustee hereunder.
“Utah Code” means Utah Code Annotated 1953, as amended.
“Variable Rate Bonds” means, as of any date of calculation, Bonds, the interest on which
for any future period of time, is to be calculated at a rate which is not susceptible to a precise
determination.
Section 1.2
Indenture to Constitute Contract. In consideration of the purchase and
acceptance from time to time of any and all of the Bonds authorized to be issued hereunder by the
Registered Owners thereof, the issuance from time to time of any and all Security Instruments by
the Security Instrument Issuers, and the issuance from time to time of any and all Reserve
Instruments by Reserve Instrument Providers pursuant hereto, this Indenture shall be deemed to
be and shall constitute a contract between the Issuer and the Owners from time to time of the
Bonds, the Security Instrument Issuers and the Reserve Instrument Providers; and the pledge made
in this Indenture and the covenants and agreements herein set forth to be performed by or on behalf
of the Issuer shall be, FIRST, for the equal benefit, protection and security of the Owners of any
and all of the Bonds and the Security Instrument Issuers of any and all of the Security Instruments
all of which, regardless of the time or times of their issuance and delivery or maturity or expiration,
shall be of equal rank without preference, priority or distinction of any of the Bonds or Security
Instrument Repayment Obligations over any others, except as expressly provided in or permitted
by this Indenture, and SECOND, for the equal benefit, protection and security of the Reserve
Instrument Providers of any and all of the Reserve Instruments which, regardless of the time or
times of their issuance, delivery or termination, shall be of equal rank without preference, priority
or distinction of any Reserve Instrument over any other thereof.
Section 1.3
Construction. This Indenture, except where the context by clear implication
herein otherwise requires, shall be construed as follows:
(a)
The terms “hereby,” “hereof,” “herein,” “hereto,” “hereunder,” and any
similar terms used in this Indenture shall refer to this Indenture in its entirety unless the
context clearly indicates otherwise.
(b)
Words in the singular number include the plural, and words in the plural
include the singular.
(c)
Words in the masculine gender include the feminine and the neuter, and
when the sense so indicates, words of the neuter gender refer to any gender.
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(d)
Articles, sections, subsections, paragraphs and subparagraphs mentioned by
number, letter, or otherwise, correspond to the respective articles, sections, subsections,
paragraphs and subparagraphs hereof so numbered or otherwise so designated.
(e)
The titles or leadlines applied to articles, sections and subsections herein are
inserted only as a matter of convenience and ease in reference and in no way define, limit
or describe the scope or intent of any provisions of this Indenture.
ARTICLE II
THE BONDS
Section 2.1
Authorization of Bonds. There is hereby authorized for issuance hereunder
Bonds which may, if and when authorized by Supplemental Indenture, be issued in one or more
separate Series. Each Series of Bonds shall be authorized by a Supplemental Indenture, which
shall state the purpose or purposes for which each such Series of Bonds is being issued. The
aggregate Principal amount of Bonds which may be issued shall not be limited except as provided
herein or as may be limited by law provided that the aggregate Principal amount of Bonds of each
such Series shall not exceed the amount specified in the Supplemental Indenture authorizing each
such Series of Bonds.
Section 2.2
Description of Bonds; Payment.
(a)
Each Series of Bonds issued under the provisions hereof may be issued only
as registered bonds. Unless otherwise specified in the Supplemental Indenture authorizing
such Series of Bonds, each Series of Bonds shall be in the denomination of Five Thousand
Dollars ($5,000) each or any integral multiple thereof, shall be numbered consecutively
from R-1 upwards and shall bear interest payable on each Interest Payment Date.
(b)
Each Series of Bonds issued under the provisions hereof shall be dated, shall
bear interest at a rate or rates not exceeding the maximum rate permitted by law on the date
of initial issuance of such Series, shall be payable on the days, shall be stated to mature on
the days and in the years and shall be subject to redemption prior to their respective
maturities, all as set forth in the Supplemental Indenture authorizing such Series of Bonds.
Each Series of Bonds shall be designated “Transient Room Tax Revenue [Refunding]
Bonds, Series ____ [Federally Taxable],” in each case inserting the year in which the
Bonds are issued and, if necessary, an identifying Series letter.
(c)
Both the Principal of and the interest on the Bonds shall be payable in lawful
money of the United States of America. Payment of the interest on any Bond shall be made
to the person appearing on the Bond registration books of the Registrar hereinafter provided
for as the Registered Owner thereof by check or draft mailed on the Interest Payment Date
to the Registered Owner at his address as it appears on such registration books or to owners
of $1,000,000 or more in aggregate Principal amount of Bonds (or owners of 100% of any
Series then Outstanding) by wire transfer to a bank account located in the United States of
America designated by the Registered Owner in written instructions furnished to the
Trustee no later than the Regular Record Date for such payment. Unless otherwise
specified in the related Supplemental Indenture, the interest on Bonds so payable and
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punctually paid and duly provided for on any Interest Payment Date will be paid to the
person who is the Registered Owner thereof at the close of business on the Regular Record
Date for such interest immediately preceding such Interest Payment Date. Any such
interest not so punctually paid or duly provided for shall forthwith cease to be payable to
the registered owner of any Bond on such Regular Record Date, and may be paid to the
person who is the Registered Owner thereof at the close of business on a Special Record
Date for the payment of such defaulted interest to be fixed by the Trustee, notice thereof to
be given to such Registered Owner not less than ten (10) days prior to such Special Record
Date. The Principal of and premium, if any, on Bonds are payable upon presentation and
surrender thereof at the Principal Corporate Trust Office of the Trustee as Paying Agent,
except as otherwise provided by Supplemental Indenture. All such payments shall be valid
and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum
or sums so paid.
(d)
The Bonds of each Series may contain or have endorsed thereon such
provisions, specifications and descriptive words not inconsistent with the provisions hereof
as may be necessary or desirable to comply with custom, the rules of any securities
exchange or commission or brokerage board or otherwise, as may be specified in the
Supplemental Indenture authorizing such Series of Bonds.
Section 2.3
Execution; Limited Obligation. Unless otherwise specified in the related
Supplemental Indenture, the Bonds of any Series shall be executed on behalf of the Issuer with the
manual or official facsimile signature of its Mayor, countersigned with the manual or official
facsimile signature of the County Clerk, and shall have impressed or imprinted thereon the
corporate seal or facsimile thereof of the Issuer. In case any officer, the facsimile of whose
signature shall appear on the Bonds, shall cease to be such officer before the delivery of such
Bonds, such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office until delivery.
The Bonds, together with interest thereon, and all Repayment Obligations shall be limited
obligations of the Issuer payable solely from the Revenues (except to the extent paid out of moneys
attributable to the Bond proceeds or other funds created hereunder (except the Rebate Fund) or the
income from the temporary investment thereof). The Bonds shall be a valid claim of the Registered
Owners thereof only against the Revenues and other moneys in funds and accounts held by the
Trustee hereunder (except the Rebate Fund) and the Issuer hereby pledges and assigns the same
for the equal and ratable payment of the Bonds and all Repayment Obligations, and the Revenues
shall be used for no other purpose than to pay the Principal of, premium, if any, and interest on the
Bonds and to pay the Repayment Obligations, except as may be otherwise expressly authorized
herein or by Supplemental Indenture. The issuance of the Bonds and delivery of any Security
Instrument Agreement or Reserve Instrument Agreement shall not, directly, indirectly or
contingently, obligate the Issuer or any agency, instrumentality or political subdivision thereof to
levy any form of ad valorem taxation therefor.
Section 2.4
Authentication and Delivery of Bonds.
(a)
The Issuer shall deliver executed Bonds of each Series to the Trustee for
authentication. Subject to the satisfaction of the conditions for authentication of Bonds set
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forth herein, the Trustee shall authenticate such Bonds and deliver them upon the order of
the Issuer to the purchasers thereof (or hold them on their behalf) upon the payment by the
purchasers of the purchase price therefor to the Trustee for the account of the Issuer.
Delivery by the Trustee shall be full acquittal to the purchasers for the purchase price of
such Bonds, and such purchasers shall be under no obligation to see to the application of
said purchase price. The proceeds of the sale of such Bonds shall, however, be disposed
of only as provided herein and in the related Supplemental Indenture.
(b)
No Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit hereunder, unless and until a certificate of authentication on such Bond
substantially in the form set forth in the Supplemental Indenture authorizing such Bond
shall have been duly executed by the Trustee, and such executed certificate of the Trustee
upon any such Bond shall be conclusive evidence that such Bond has been authenticated
and delivered hereunder. The Trustee’s certificate of authentication on any Bond shall be
deemed to have been executed by it if signed by an authorized officer of the Trustee, but it
shall not be necessary that the same officer sign the certificate of authentication on all of
the Bonds issued hereunder.
(c)
Prior to the authentication by the Trustee of each Series of Bonds there shall
have been filed with the Trustee:
(i)
A copy of this Indenture (to the extent not theretofore so filed) and
the Supplemental Indenture authorizing such Series of Bonds;
(ii)
A copy, certified by the County Clerk, of the proceedings of the
Issuer’s County Council approving the execution and delivery of the instruments
specified in Section 2.4(c)(i) above and the execution and delivery of such Series
of Bonds, together with a certificate, dated as of the date of authentication of such
Series of Bonds, of the County Clerk that such proceedings are still in force and
effect without amendments except as shown in such proceedings;
(iii)
A request and authorization of the Issuer to the Trustee to
authenticate such Series of Bonds in the aggregate Principal amount therein
specified and deliver them to purchasers therein identified upon payment to the
Trustee for account of the Issuer of the sum specified therein;
(iv)
An opinion of Bond Counsel dated the date of authentication of such
Series of Bonds to the effect that (a) the Issuer has authorized the execution and
delivery of this Indenture and such Series of Bonds and this Indenture has been
duly executed and delivered by the Issuer and is a valid, binding and enforceable
agreement of the Issuer; (b) this Indenture creates the valid pledge which it purports
to create of the Revenues; and (c) the Bonds of such Series are valid and binding
obligations of the Issuer, entitled to the benefits and security hereof, provided that
such opinion may contain limitations acceptable to the purchaser of such Series of
Bonds;
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(d)
The Issuer may provide by Supplemental Indenture for the delivery to the
Trustee of one or more Security Instruments with respect to any Series of Bonds and the
execution and delivery of any Security Instrument Agreements deemed necessary in
connection therewith;
(e)
Subject to any limitations contained in a Supplemental Indenture, the Issuer
may provide a Security Instrument for any Series of Bonds (or may substitute one Security
Instrument for another);
(f)
The Issuer may provide by Supplemental Indenture for the issuance and
delivery to the Trustee of one or more Reserve Instruments and the execution and delivery
of any Reserve Instrument Agreements deemed necessary in connection therewith;
(g)
The Issuer may authorize by Supplemental Indenture the issuance of Put
Bonds; provided that any obligation of the Issuer to pay the purchase price of any such Put
Bonds shall not be secured by a pledge of Revenues on a parity with the pledge contained
in Section 6.2 hereof. The Issuer may provide for the appointment of such Remarketing
Agents, indexing agents, tender agents or other agents as the Issuer may determine;
(h)
The Issuer may include such provisions in a Supplemental Indenture
authorizing the issuance of a Series of Bonds secured by a Security Instrument as the Issuer
deems appropriate, including:
(i)
So long as the Security Instrument is in full force and effect, and
payment on the Security Instrument is not in default, (I) the Security Instrument
Issuer shall be deemed to be the Owner of the Outstanding Bonds of such Series (a)
when the approval, consent or action of the Bondowners for such Series of Bonds
is required or may be exercised under the Indenture and (b) following an Event of
Default and (II) the Indenture may not be amended in any manner which affects the
rights of such Security Instrument Issuer without its prior written consent; and
(ii)
In the event that the Principal and redemption price, if applicable,
and interest due on any Series of Bonds Outstanding shall be paid under the
provisions of a Security Instrument, all covenants, agreements and other obligations
of the Issuer to the Bondowners of such Series of Bonds shall continue to exist and
such Security Instrument Issuer shall be subrogated to the rights of such
Bondowners in accordance with the terms of such Security Instrument; and
(iii)
In addition, such Supplemental Indenture may establish such
provisions as are necessary to provide relevant information to the Security
Instrument Issuer and to provide a mechanism for paying Principal Installments and
interest on such Series of Bonds from the Security Instrument.
(i)
The Issuer may provide for the execution of an Interest Rate Swap in
connection with any Series of Bonds issued hereunder. The obligation of the Issuer to pay
Swap Payments may be secured with (A) a lien on the Revenues on a parity with the lien
thereon of Debt Service on the related Bonds (as more fully described in Section 5.2 herein)
and may be net of Swap Receipts or (B) a subordinate lien on the Revenues and may be
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net of Swap Receipts. Such obligations may also be secured by other legally available
moneys of the Issuer, all as established in the Supplemental Indenture for the related Series
of Bonds. Termination Payments may only be payable from and secured by Revenues after
payment of all amounts then due pursuant to the Indenture.
Section 2.5
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is
mutilated, lost, stolen or destroyed, the Issuer may execute and the Trustee may authenticate a new
Bond of like date, Series, maturity and denomination as that mutilated, lost, stolen or destroyed;
provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to
the Trustee, and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to
the Trustee evidence of such loss, theft or destruction satisfactory to the Trustee, together in all
cases with indemnity satisfactory to the Trustee and the Issuer. In the event any such Bond shall
have matured, instead of issuing a duplicate Bond, the Trustee may pay the same without surrender
thereof upon compliance with the foregoing. The Trustee may charge the Registered Owner of
such Bond with its reasonable fees and expenses in connection therewith. Any Bond issued
pursuant to this Section 2.5 shall be deemed part of the Series of Bonds in respect of which it was
issued and an original additional contractual obligation of the Issuer.
Section 2.6
Registration of Bonds; Persons Treated as Owners. The Issuer shall cause
the books for the registration and for the transfer of the Bonds to be kept by the Trustee which is
hereby constituted and appointed the Registrar of the Issuer with respect to the Bonds, provided,
however, that the Issuer may by Supplemental Indenture select a party other than the Trustee to
act as Registrar with respect to the Series of Bonds issued under said Supplemental Indenture.
Upon the occurrence of an Event of Default which would require any Security Instrument Issuer
to make payment under a Security Instrument Agreement, the Registrar shall make such
registration books available to the Security Instrument Issuer. Any Bond may, in accordance with
its terms, be transferred only upon the registration books kept by the Registrar, 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 Registrar, duly executed. No transfer shall be effective until entered on the
registration books kept by the Registrar. Upon surrender for transfer of any Bond at the Principal
Corporate Trust Office of the Trustee, duly endorsed by, or accompanied by a written instrument
or instruments of transfer in form satisfactory to the Trustee and duly executed by, the Registered
Owner or his attorney duly authorized in writing, the Issuer shall execute and the Trustee shall
authenticate and deliver in the name of the transferee or transferees, a new Bond or Bonds of the
same Series and the same maturity for a like aggregate Principal amount as the Bond surrendered
for transfer. Bonds may be exchanged at the Principal Corporate Trust Office of the Trustee for a
like aggregate Principal amount of Bonds of the same Series and the same maturity. The execution
by the Issuer of any Bond of any authorized denomination shall constitute full and due
authorization of such denomination, and the Trustee shall thereby be authorized to authenticate
and deliver such Bond. Except as otherwise provided in a Supplemental Indenture with respect to
a Series of Bonds, the Issuer and the Trustee shall not be required to transfer or exchange any Bond
(i) during the period from and including any Regular Record Date, to and including the next
succeeding Interest Payment Date, (ii) during the period from and including the day fifteen days
prior to any Special Record Date, to and including the date of the proposed payment pertaining
thereto, (iii) during the period from and including the day fifteen days prior to the mailing of notice
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calling any Bonds for redemption, to and including the date of such mailing, or (iv) at any time
following the mailing of notice calling such Bond for redemption.
The Issuer, the Registrar and the Paying Agent may treat and consider the person in whose
name each Bond is registered on the registration books kept by the 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, and
neither the Issuer, nor the Registrar nor the Paying Agent shall be affected by any notice to the
contrary. Payment of or on account of either Principal of or interest on any Bond shall be made
only to or upon order of the Registered Owner thereof or such person’s legal representative, but
such registration may be changed as hereinabove provided. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so
paid.
The Trustee shall require the payment by the Bondholder requesting exchange or transfer
of Bonds of any tax or other governmental charge and by the Issuer of any service charge of the
Trustee as Registrar which are required to be paid with respect to such exchange or transfer and
such charges shall be paid before such new Bond shall be delivered.
Section 2.7
Redemption Provisions. The Term Bonds of each Series of Bonds shall be
subject, to the extent provided in the Supplemental Indenture authorizing each such Series of
Bonds, to redemption prior to maturity by operation of Sinking Fund Installments required to be
made to the Sinking Fund Account. The Bonds of each Series shall further be subject to
redemption prior to maturity at such times and upon such terms as shall be fixed by such
Supplemental Indenture. Except as otherwise provided in a Supplemental Indenture, if fewer than
all Bonds of a Series are to be redeemed, the particular maturities of such Bonds to be redeemed
and the Principal amounts of such maturities to be redeemed shall be selected by the Issuer. If
fewer than all of the Bonds of any one maturity of a Series shall be called for redemption, the
particular units of Bonds, as determined in accordance with Section 2.9 herein, to be redeemed
shall be selected by the Trustee by lot in such manner as the Trustee, in its discretion, may deem
fair and appropriate.
Section 2.8
Notice of Redemption.
(a)
In the event any of the Bonds are to be redeemed, the Registrar shall cause
notice to be given as provided in this Section 2.8. Unless otherwise specified in the
Supplemental Indenture authorizing the issuance of the applicable Series of Bonds, notice
of such redemption shall be filed with the Paying Agent designated for the Bonds being
redeemed and shall be mailed by first class mail, postage prepaid, to all Registered Owners
of Bonds to be redeemed at their addresses as they appear on the registration books of the
Registrar at least thirty (30) days but not more than sixty (60) days prior to the date fixed
for redemption. Such notice shall state the following information:
(i)
the complete official name of the Bonds, including Series, to be
redeemed, the identification numbers of Bonds and the CUSIP numbers, if any, of
the Bonds being redeemed, provided that any such notice shall state that no
representation is made as to the correctness of CUSIP numbers either as printed on
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such Bonds or as contained in the notice of redemption and that reliance may be
placed only on the identification numbers contained in the notice or printed on such
Bonds;
(ii)
any other descriptive information needed to identify accurately the
Bonds being redeemed, including, but not limited to, the original issue date of, and
interest rate on, such Bonds;
(iii)
in the case of partial redemption of any Bonds, the respective
Principal amounts thereof to be redeemed;
(iv)
the date of mailing of redemption notices and the redemption date;
(v)
the redemption price;
(vi)
that on the redemption date the redemption price will become due
and payable upon each such Bond or portion thereof called for redemption, and that
interest thereon shall cease to accrue from and after said date; and
(vii)
the place where such Bonds are to be surrendered for payment,
designating the name and address of the redemption agent with the name of a
contact person and telephone number.
(b)
In addition to the foregoing, further notice of any redemption of Bonds
hereunder shall be given by the Trustee, simultaneously with or shortly after the mailed
notice to Registered Owners, by posting such notice to the MSRB’s Electronic Municipal
Market Access website or its successors. Failure to give all or any portion of such further
notice shall not in any manner defeat the effectiveness of a call for redemption.
(c)
Upon the payment of the redemption price of Bonds being redeemed, each
check or other transfer of funds issued for such purpose shall bear the CUSIP number
identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such
check or other transfer.
(d)
If at the time of mailing of any notice of optional redemption there shall not
be on deposit with the Trustee moneys sufficient to redeem all the Bonds called for
redemption, such notice shall state that such redemption shall be conditioned upon receipt
by the Trustee on or prior to the date fixed for such redemption of moneys sufficient to pay
the Principal of and interest on such Bonds to be redeemed and that if such moneys shall
not have been so received said notice shall be of no force and effect and the Issuer shall
not be required to redeem such Bonds. In the event that such moneys are not so received,
the redemption shall not be made and the Trustee shall within a reasonable time thereafter
give notice, one time, in the same manner in which the notice of redemption was given,
that such moneys were not so received.
(e)
A second notice of redemption shall be given, not later than ninety (90) days
subsequent to the redemption date, to Registered Owners of Bonds or portions thereof
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redeemed but who failed to deliver Bonds for redemption prior to the 60th day following
such redemption date.
(f)
Any notice mailed shall be conclusively presumed to have been duly given
whether or not the owner of such Bonds receives the notice. Receipt of such notice shall
not be a condition precedent to such redemption, and failure so to receive any such notice
by any of such Registered Owners shall not affect the validity of the proceedings for the
redemption of the Bonds.
(g)
In case any Bond is to be redeemed in part only, the notice of redemption
which relates to such Bond shall state also that on or after the redemption date, upon
surrender of such Bond, a new Bond in Principal amount equal to the unredeemed portion
of such Bond will be issued.
Section 2.9
Partially Redeemed Fully Registered Bonds. Unless otherwise specified in
the related Supplemental Indenture, in case any registered Bond shall be redeemed in part only,
upon the presentation of such Bond for such partial redemption, the Issuer shall execute and the
Trustee shall authenticate and shall deliver or cause to be delivered to or upon the written order of
the Registered Owner thereof, at the expense of the Issuer, a Bond or Bonds of the same Series,
interest rate and maturity, in aggregate Principal amount equal to the unredeemed portion of such
registered Bond. Unless otherwise provided by Supplemental Indenture, a portion of any Bond of
a denomination of more than the minimum denomination of such Series specified herein or in the
related Supplemental Indenture to be redeemed will be in the Principal amount of such minimum
denomination or an integral multiple thereof and in selecting portions of such Bonds for
redemption, the Trustee will treat each such Bond as representing that number of Bonds of such
minimum denomination which is obtained by dividing the Principal amount of such Bonds by such
minimum denomination.
Section 2.10 Cancellation. All Bonds which have been surrendered for payment,
redemption or exchange, and Bonds purchased from any moneys held by the Trustee hereunder or
surrendered to the Trustee by the Issuer, shall be canceled and cremated or otherwise destroyed by
the Trustee and shall not be reissued; provided, however, that one or more new Bonds shall be
issued for the unredeemed portion of any Bond without charge to the Registered Owner thereof.
Section 2.11 Nonpresentation of Bonds. Unless otherwise provided by Supplemental
Indenture, in the event any Bond shall not be presented for payment when the Principal thereof
becomes due, either at maturity or otherwise, or at the date fixed for redemption thereof, if funds
sufficient to pay such Bond shall have been made available to the Trustee, all liability of the Issuer
to the Registered Owner thereof for the payment of such Bond shall forthwith cease, terminate and
be completely discharged, and thereupon it shall be the duty of the Trustee to hold such fund or
funds, without liability to the Registered Owner of such Bond for interest thereon, for the benefit
of the Registered Owner of such Bond who shall thereafter be restricted exclusively to such fund
or funds for any claim of whatever nature on his part hereunder or on, or with respect to, said
Bond. If any Bond shall not be presented for payment within four years following the date when
such Bond becomes due, whether by maturity or otherwise, the Trustee shall, to the extent
permitted by law, repay to the Issuer the funds theretofore held by it for payment of such Bond,
and such Bond shall, subject to the defense of any applicable statute of limitation, thereafter be an
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unsecured obligation of the Issuer, and the Registered Owner thereof shall be entitled to look only
to the Issuer for payment, and then only to the extent of the amount so repaid, and the Issuer shall
not be liable for any interest thereon and shall not be regarded as a trustee of such money. The
provisions of this Section 2.11 are subject to the provisions of Title 67, Chapter 4a, Utah Code.
Section 2.12 Initial Bonds. Subject to the provisions hereof, the Initial Bonds may be
authenticated and delivered by the Trustee upon satisfaction of the conditions specified in Section
2.4(c) hereof and any additional conditions specified in the Supplemental Indenture authorizing
such Series of Bonds.
Section 2.13 Issuance of Additional Bonds. No additional indebtedness, bonds or notes
of the Issuer secured by a pledge of the Revenues senior to the pledge of Revenues for the payment
of the herein authorized Bonds or Security Instrument Repayment Obligations shall be created or
incurred without the prior written consent of the Owners of 100% of the Outstanding Bonds and
the Security Instrument Issuers. In addition, no Additional Bonds or other indebtedness, bonds or
notes of the Issuer payable out of Revenues on a parity with the herein authorized Bonds or
Security Instrument Repayment Obligations shall be created or incurred, unless the following
requirements have been met:
(a)
No Event of Default shall have occurred and be continuing hereunder on
the date of authentication of any Additional Bonds. This Section 2.13(a) shall not preclude
the issuance of Additional Bonds if (i) the issuance of such Additional Bonds otherwise
complies with the provisions hereof and (ii) such Event of Default will cease to continue
upon the issuance of Additional Bonds and the application of the proceeds thereof; and
(b)
A certificate shall be delivered to the Trustee by an Authorized
Representative to the effect that the Revenues for any consecutive 12-month period in the
24 months immediately preceding the proposed date of issuance of such Additional Bonds
were at least equal to 130% of the sum of (x) the maximum Aggregate Annual Debt Service
Requirement on all Bonds and Additional Bonds to be Outstanding following the issuance
of the Additional Bonds plus (y) the average annual installments due on all Reserve
Instrument Repayment Obligations to be outstanding following the issuance of such
Additional Bonds; provided, however, that such Revenue coverage test set forth above
shall not apply to the issuance of any Additional Bonds to the extent (i) they are issued for
the purpose of refunding Bonds issued hereunder and (ii) the maximum Aggregate Annual
Debt Service for such Additional Bonds does not exceed the then remaining maximum
Aggregate Annual Debt Service for the Bonds being refunded therewith; and
(c)
All payments required by this Indenture to be made into the Bond Fund
must have been made in full, and there must be on deposit in each account of the Debt
Service Reserve Fund (taking into account any Reserve Instrument coverage) the full
amount required to be accumulated therein at the time of issuance of the Additional Bonds;
and
(d)
The proceeds of the Additional Bonds must be used (i) to refund Bonds
issued hereunder or other obligations of the Issuer (including the funding of necessary
reserves and the payment of costs of issuance), (ii) to finance or refinance a Project
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(including the funding of necessary reserves and the payment of costs of issuance) and/or
(iii) any other lawful purpose of the Issuer.
Section 2.14 Form of Bonds. The Bonds of each Series and the Trustee’s Authentication
Certificate shall be in substantially the forms thereof set forth in the Supplemental Indenture
authorizing the issuance of such Bonds, with such omissions, insertions and variations as may be
necessary, desirable, authorized and permitted hereby.
Section 2.15 Covenant Against Creating or Permitting Liens. Except for the pledge of
Revenues to secure payment of the Bonds and Repayment Obligations hereunder, the Revenues
are and shall be free and clear of any pledge, lien, charge or encumbrance thereon or with respect
thereto; provided, however, that nothing contained herein shall prevent the Issuer from issuing, if
and to the extent permitted by law, indebtedness having a lien on Revenues subordinate to that of
the Bonds and Repayment Obligations.
Section 2.16 Appropriation of Other Legally Available Moneys. The Issuer anticipates
that the Revenues over the term of the Bonds will be sufficient to pay the principal of and interest
on the Bonds, but in the event that there shall be a shortfall in such Revenues for such purpose, the
Issuer agrees to consider appropriating other legally available moneys of the Issuer sufficient to
make up any shortfall in the payment of the principal of and interest on the Bonds, if any.
Pursuant to the foregoing paragraph, during the time any Bonds remain Outstanding, the
Issuer shall, on or prior to each January 15 and July 15 of each year, commencing January 15,
2027, determine (a) the amounts due with respect to the Bonds on the next succeeding February 1
or August1, as applicable, and (b) the amount of Revenues available for payment of the Bonds on
said February 1 or August 1. In addition, the Chief Financial Officer of the Issuer shall, on or prior
to each January 15 and July 15 of each year, submit a request to the County Council for an
appropriation from the Issuer’s other legally available moneys equal to the amount by which the
payments due on the Bonds on the next succeeding February 1 or August 1 exceed the Revenues
(the “Shortfall”), [plus any additional payment obligations of the Issuer under the Indenture,
including the obligation to replenish the Debt Service Reserve Fund, if necessary]. In the event
that the County Council agrees to fund such Shortfall, the Issuer agrees to pay said Shortfall
directly to the Trustee not less than ten days prior to the next succeeding February 1 or August 1,
as applicable. The Issuer covenants to take such other action as it lawfully may take to assure that
funds equal to said Shortfall are remitted by the Issuer to the Trustee pursuant to the Indenture.
Notwithstanding the foregoing covenant, nothing contained in this Indenture shall be
construed to create a general obligation liability of the Issuer. The Bonds shall not be a debt of the
Issuer pursuant to any constitutional or statutory debt limitations, and the issuance of the Bonds
and the execution of this Indenture shall not require the Issuer to levy any form of taxation or to
appropriate any moneys for the payment of the Bonds or amounts otherwise due under this
Indenture.
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ARTICLE III
CREATION OF FUNDS AND ACCOUNTS
Section 3.1
Creation of Construction Fund. There is hereby created and ordered
established in the custody of the Trustee the Construction Fund. There is hereby created and
ordered established in the custody of the Trustee a separate account within the Construction Fund
for each Project to be designated by the name of the applicable Project or Series of Bonds and, if
applicable, a separate account for each Series of Bonds and for all grant moneys or other moneys
to be received by the Issuer for deposit in the Construction Fund.
Section 3.2
Creation of Bond Fund. There is hereby created and ordered established in
the custody of the Trustee the Bond Fund.
Section 3.3
Creation of Sinking Fund Account. There is hereby created and ordered
established in the custody of the Trustee as a separate account within the Bond Fund the Sinking
Fund Account.
Section 3.4
Creation of Debt Service Reserve Fund. There is hereby created and
ordered established in the custody of the Trustee the Debt Service Reserve Fund.
Section 3.5
Creation of Reserve Instrument Fund. There is hereby created and ordered
and established in the custody of the Trustee the Reserve Instrument Fund.
Section 3.6
Creation of Rebate Fund. There is hereby created and ordered established
in the custody of the Trustee the Rebate Fund.
Section 3.7
Creation of Revenue Fund. There is hereby created and ordered established
in the custody of the Issuer the Revenue Fund. For accounting purposes, the Revenue Fund may
be redesignated by different account names by the Issuer from time to time.
Section 3.8
Creation of Funds and Accounts. Notwithstanding anything contained
herein to the contrary, the Trustee need not create any of the funds or accounts referenced in this
ARTICLE III until such funds or accounts shall be utilized as provided in a Supplemental
Indenture. The Issuer may, by Supplemental Indenture, authorize the creation of additional funds
and additional accounts within any fund.
ARTICLE IV
APPLICATION OF BOND PROCEEDS
Upon the issuance of each Series of Bonds, the proceeds thereof shall be deposited as
provided in the Supplemental Indenture authorizing the issuance of such Series of Bonds.
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ARTICLE V
USE OF FUNDS
Section 5.1
Use of Construction Fund.
(a)
So long as an Event of Default shall not have occurred and be continuing,
and except as otherwise provided by Supplemental Indenture, moneys deposited in the
appropriate account in the Construction Fund shall be disbursed by the Trustee to pay the
Costs of a Project, in each case within three (3) Business Days (or within such longer period
as is reasonably required to liquidate investments in the Construction Fund if required to
make such payment) after the receipt by the Trustee of a written requisition approved by
an Authorized Representative of the Issuer in substantially the form as Exhibit A attached
hereto, stating that the Trustee shall disburse sums in the manner specified by and at the
direction of the Issuer to the person or entity designated in such written requisition, and
that the amount set forth therein is justly due and owing and constitutes a Cost of a Project
based upon itemized claims substantiated in support thereof.
(b)
Upon receipt of such requisition, the Trustee shall pay the obligation set
forth in such requisition out of moneys in the applicable account in the Construction Fund.
In making such payments the Trustee may rely upon the information submitted in such
requisition. Such payments shall be presumed to be made properly and the Trustee shall
not be required to verify the application of any payments from the Construction Fund or to
inquire into the purposes for which disbursements are being made from the Construction
Fund.
(c)
The Issuer shall deliver to the Trustee, within 90 days after the completion
of a Project, a certificate executed by an Authorized Representative of the Issuer stating:
(i)
that such Project has been fully completed in accordance with the
plans and specifications therefor, as amended from time to time, and stating the
date of completion for such Project; and
(ii)
that the Project has been fully paid for and no claim or claims exist
against the Issuer or against such Project out of which a lien based on furnishing
labor or material exists or might ripen; provided, however, there may be excepted
from the foregoing certification any claim or claims out of which a lien exists or
might ripen in the event the Issuer intends to contest such claim or claims, in which
event such claim or claims shall be described to the Trustee.
(d)
In the event the certificate filed with the Trustee pursuant to Section 5.1(c)
above shall state that there is a claim or claims in controversy which create or might ripen
into a lien, an Authorized Representative of the Issuer shall file a similar certificate with
the Trustee when and as such claim or claims shall have been fully paid or otherwise
discharged.
(e)
The Trustee and the Issuer shall keep and maintain adequate records
pertaining to each account within the Construction Fund and all disbursements therefrom.
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(f)
Unless otherwise specified in a Supplemental Indenture, upon completion
of a Project and payment of all costs and expenses incident thereto and the filing with the
Trustee of documents required by this Section 5.1, any balance remaining in the applicable
account in the Construction Fund relating to such Project shall, as directed by an
Authorized Representative of the Issuer, be deposited in the Bond Fund to be applied
toward the redemption of the Series of Bonds issued to finance such Project or to pay
Principal and/or interest next falling due with respect to the Bonds.
(g)
The Trustee shall, to the extent there are no other available funds held under
the Indenture, use the remaining funds in the Construction Fund to pay Principal and
interest on the Bonds at any time in the event of a payment default hereunder.
Section 5.2
Application of Revenues. All Revenues shall be accounted for by the Issuer
separate and apart from all other moneys of the Issuer.
(a)
So long as any Bonds are Outstanding, as a first charge and lien on the
Revenues, the Issuer shall, at least semi-annually and at least fifteen (15) days before each
Interest Payment Date, transfer from the Revenue Fund to the Trustee for deposit into the
Bond Fund an amount equal to:
(i)
the interest falling due on the Bonds on the next succeeding Interest
Payment Date established for the Bonds (provided, however, that so long as there
are moneys representing capitalized interest on deposit with the Trustee to pay
interest on the Bonds next coming due, the Issuer need not allocate to the Revenue
Fund to pay interest on the Bonds); plus
(ii)
one-half of the Principal and premium, if any, falling due in the
current fiscal year, and in any event, an amount sufficient to pay the Principal and
premium on the next succeeding Principal payment date established for the Bonds;
plus
(iii)
one-half of the Sinking Fund Installments, if any, falling due in the
current fiscal year, and in any event, an amount sufficient to pay the Sinking Fund
Installments on the next succeeding Sinking Fund Installment payment date (for
deposit to the Sinking Fund Account within the Bond Fund);
the sum of which shall be sufficient, when added to the existing balance in the Bond
Fund, to pay the principal of, premium, if any, and interest on the Bonds promptly
on each such date as the same become due and payable. The foregoing provisions
may be revised by a Supplemental Indenture for any Series of Bonds having other
than semiannual Interest Payment Dates.
(b)
As a second charge and lien on the Revenues (on a parity basis), the Issuer
shall make the following transfers to the Trustee on or before the fifteenth day prior to each
Interest Payment Date:
(i)
To the extent the Debt Service Reserve Requirement, if any, is not
funded with a Reserve Instrument or Instruments, (A) to the accounts in the Debt
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Service Reserve Fund any amounts required hereby, and by any Supplemental
Indenture to accumulate therein the applicable Debt Service Reserve Requirement
with respect to each Series of Bonds at the times and in the amounts provided
herein, and in any Supplemental Indenture and (B) if funds shall have been
withdrawn from an account in the Debt Service Reserve Fund, or any account in
the Debt Service Reserve Fund is at any time funded in an amount less than the
applicable Debt Service Reserve Requirement, the Issuer shall deposit Revenues in
such account(s) in the Debt Service Reserve Fund sufficient in amount to restore
such account(s) within one year with twelve (12) substantially equal payments
during such period (unless otherwise provided for by the Supplemental Indenture
governing the applicable Debt Service Reserve Requirement); or a ratable portion
(based on the amount to be transferred pursuant to Section 5.2(b)(ii) hereof) of
remaining Revenues if less than the amount necessary; and
(ii)
Equally and ratably to the accounts of the Reserve Instrument Fund,
with respect to all Reserve Instruments which are in effect and are expected to
continue in effect after the end of an interest payment period, such amount of the
remaining Revenues, or a ratable portion (based on the amount to be transferred
pursuant to Section 5.2(b)(i) hereof) of the amount so remaining if less than the
amount necessary, that is required to be paid, on or before the next such interest
payment period transfer or deposit of Revenues into the Reserve Instrument Fund,
to the Reserve Instrument Provider pursuant to any Reserve Instrument Agreement,
other than Reserve Instrument Costs, in order to cause the Reserve Instrument
Coverage to equal the Reserve Instrument Limit within one year from any draw
date under the Reserve Instrument.
(c)
Subject to making the foregoing deposits, the Issuer may use the balance of
the Revenues accounted for in the Revenue Fund for any of the following:
(i)
redemption of Bonds;
(ii)
refinancing, refunding, or advance refunding of any Bonds; or
(iii)
for any other lawful purpose.
Section 5.3
Use of Bond Fund. The Issuer may direct the Trustee, pursuant to a
Supplemental Indenture, to create an account within the Bond Fund for a separate Series of Bonds
under the Indenture.
(a)
as follows:
The Trustee shall make deposits to the Bond Fund, as and when received,
(i)
accrued interest received upon the issuance of any Series of Bonds;
(ii)
all moneys payable by the Issuer as specified in Error! Reference
source not found. hereof;
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(iii)
any amount in the Construction Fund to the extent required by or
directed pursuant to Section 5.1(f) hereof upon completion of a Project or pursuant
to Section 5.1(g) hereof;
(iv)
all moneys transferred from the Debt Service Reserve Fund or from
a Reserve Instrument or Instruments then in effect as provided in Section 5.5
hereof; and
(v)
all other moneys received by the Trustee hereunder when
accompanied by directions from the person depositing such moneys that such
moneys are to be paid into the Bond Fund.
(b)
Except as provided in Section 7.4 hereof and as provided in this Section 5.3
and except as otherwise provided by Supplemental Indenture, moneys in the Bond Fund
shall be expended solely for the following purposes and in the following order of priority:
(i)
on or before each Interest Payment Date for each Series of Bonds,
the amount required to pay the interest due on such date;
(ii)
on or before each Principal Installment due date, the amount
required to pay the Principal Installment due on such due date; and
(iii)
on or before each redemption date for each Series of Bonds, the
amount required to pay the redemption price of and accrued interest on such Bonds
then to be redeemed.
Such amounts shall be applied by the Paying Agent to pay Principal Installments
and redemption price of, and interest on the related Series of Bonds.
The Trustee shall pay out of the Bond Fund to the Security Instrument Issuer, if
any, that has issued a Security Instrument with respect to such Series of Bonds an amount
equal to any Security Instrument Repayment Obligation then due and payable to such
Security Instrument Issuer. Except as otherwise specified in a related Supplemental
Indenture all such Security Instrument Repayment Obligations shall be paid on a parity
with the payments to be made with respect to Principal and interest on the Bonds; provided
that amounts paid under a Security Instrument shall be applied only to pay the related Series
of Bonds. If payment is so made on Pledged Bonds held for the benefit of the Security
Instrument Issuer, a corresponding payment on the Security Instrument Repayment
Obligation shall be deemed to have been made (without requiring an additional payment
by the Issuer) and the Trustee shall keep its records accordingly.
The Issuer hereby authorizes and directs the Trustee to withdraw sufficient funds
from the Bond Fund to pay Principal of and interest on the Bonds and on Security
Instrument Repayment Obligations as the same become due and payable and to make said
funds so withdrawn available to the Trustee and any Paying Agent for the purpose of
paying said Principal and interest.
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(c)
After payment in full of the Principal of and interest on (i) all Bonds issued
hereunder (or after provision has been made for the payment thereof as provided herein so
that such Bonds are no longer Outstanding), (ii) all agreements relating to all outstanding
Security Instrument Repayment Obligations and Reserve Instrument Repayment
Obligations in accordance with their respective terms, and (iii) all fees, charges and
expenses of the Trustee, the Paying Agent and any other amounts required to be paid
hereunder or under any Supplemental Indenture and under any Security Instrument
Agreement and under any Reserve Instrument Agreement, all amounts remaining in the
Bond Fund shall be paid to the Issuer.
Section 5.4
Use of Sinking Fund Account.
(a)
The Trustee shall apply moneys in the Sinking Fund Account to the
retirement of any Term Bonds required to be retired by operation of the Sinking Fund
Account under the provisions of and in accordance with the Supplemental Indenture
authorizing the issuance of such Term Bonds, either by redemption in accordance with
such Supplemental Indenture or, at the direction of the Issuer, purchase of such Term
Bonds in the open market prior to the date on which notice of the redemption of such Term
Bonds is given pursuant hereto, at a price not to exceed the redemption price of such Term
Bonds (plus accrued interest which will be paid from moneys in the Bond Fund other than
those in the Sinking Fund Account).
(b)
On the maturity date of any Term Bonds, the Trustee shall apply the moneys
on hand in the Sinking Fund Account for the payment of the Principal of such Term Bonds.
Section 5.5
Use of Debt Service Reserve Fund. Except as otherwise provided in this
Section 5.5 and subject to the immediately following sentence, moneys in each account in the Debt
Service Reserve Fund shall at all times be maintained in an amount not less than the applicable
Debt Service Reserve Requirement, if any. In calculating the amount on deposit in each account
in the Debt Service Reserve Fund, the amount of any Reserve Instrument Coverage will be treated
as an amount on deposit in such account in the Debt Service Reserve Fund. Each Supplemental
Indenture authorizing the issuance of a Series of Bonds shall specify the Debt Service Reserve
Requirement, if any, applicable to such Series which amount shall be (i) deposited immediately
upon the issuance and delivery of such Series from (a) proceeds from the sale thereof or from any
other legally available source, or (b) by a Reserve Instrument or Instruments, or (c) any
combination thereof or (ii) deposited from available Revenues over the period of time specified
therein, or (iii) deposited from any combination of (i) and (ii) above; provided however, the
foregoing provisions shall be subject to the requirements of any bond insurer or other Security
Instrument Issuer set forth in any Supplemental Indenture. If at any time the amount on deposit in
any account of the Debt Service Reserve Fund is less than the minimum amount to be maintained
therein under this Section 5.5, the Issuer is required, pursuant to Section 5.2(b) hereof and the
provisions of any Supplemental Indenture, to make payments totaling the amount of any such
deficiency directly to the Trustee for deposit into the Debt Service Reserve Fund.
In the event funds on deposit in an account of the Debt Service Reserve Fund are needed
to make up any deficiencies in the Bond Fund as aforementioned, and there is insufficient cash
available in such account of the Debt Service Reserve Fund to make up such deficiency and
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Reserve Instruments applicable to such Series are in effect, the Trustee shall immediately make a
demand for payment on such Reserve Instruments, to the maximum extent authorized by such
Reserve Instruments, in the amount necessary to make up such deficiency, and immediately
deposit such payment upon receipt thereof into the Bond Fund. Thereafter, the Issuer shall be
obligated to reinstate the Reserve Instrument as provided in Section 5.2(b)(ii) herein.
No Reserve Instrument shall be allowed to expire or terminate while the related Series of
Bonds are Outstanding unless and until cash has been deposited into the related account of the
Debt Service Reserve Fund, or a new Reserve Instrument has been issued in place of the expiring
or terminating Reserve Instrument, or any combination thereof in an amount or to provide
coverage, as the case may be, at least equal to the amount required to be maintained in the related
account of the Debt Service Reserve Fund.
Moneys at any time on deposit in the account of the Debt Service Reserve Fund in excess
of the amount required to be maintained therein (taking into account the amount of related Reserve
Instrument Coverage) shall be transferred by the Trustee to the Bond Fund at least once each year.
Moneys on deposit in any account of the Debt Service Reserve Fund shall be used to make
up any deficiencies in the Bond Fund only for the Series of Bonds secured by said account and
any Reserve Instrument shall only be drawn upon with respect to Bonds for which such Reserve
Instrument was obtained.
Section 5.6
Use of Reserve Instrument Fund. There shall be paid into the Reserve
Instrument Fund the amounts required hereby and by a Supplemental Indenture to be so paid. The
amounts in the Reserve Instrument Fund shall, from time to time, be applied by the Trustee on
behalf of the Issuer to pay the Reserve Instrument Repayment Obligations which are due and
payable to any Reserve Instrument Provider under any applicable Reserve Instrument Agreement.
The Issuer may, upon obtaining an approving opinion of Bond Counsel to the effect that such
transaction will not adversely affect the tax-exempt status of any outstanding Bonds, replace any
amounts required to be on deposit in the Debt Service Reserve Fund with a Reserve Instrument
and use such amounts for the related Project or to pay Principal on the related Bonds.
Section 5.7
Use of Rebate Fund.
(a)
If it becomes necessary for the Issuer to comply with the rebate
requirements of the Code and the Regulations, the Trustee shall establish and thereafter
maintain, so long as the Bonds which are subject to said rebate requirements are
Outstanding, a Rebate Fund, which shall be held separate and apart from all other funds
and accounts established under this Indenture and from all other moneys of the Trustee.
(b)
All amounts in the Rebate Fund, including income earned from investment
of the fund, shall be held by the Trustee free and clear of the lien of the Indenture. In the
event the amount on deposit in the Rebate Fund exceeds the aggregate amount of Rebatable
Arbitrage for one or more Series of Bonds, as verified in writing by an independent public
accountant or other qualified professional at the time the Rebatable Arbitrage is
determined, the excess amount remaining after payment of the Rebatable Arbitrage to the
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United States shall, upon the Issuer’s written request accompanied by the determination
report, be paid by the Trustee to the Issuer.
(c)
The Issuer shall determine the amount of Rebatable Arbitrage and the
corresponding Required Rebate Deposit with respect to each Series of Bonds on each
applicable Rebate Calculation Date and take all other actions necessary to comply with the
rebate requirements of the Code and the Regulations. The Issuer shall deposit into the
Rebate Fund the Required Rebate Deposit, if any, with respect to each Series of Bonds (or
instruct the Trustee to transfer to the Rebate Fund moneys representing such Required
Rebate Deposit from the Funds and Accounts held under the Indenture other than the
Rebate Fund) or shall otherwise make payment of the rebate to be paid to the United States
at the times required by the Code and the Regulations. If applicable, the Issuer shall instruct
in writing the Trustee to withdraw from the Rebate Fund and pay any rebate over to the
United States. The determination of Rebatable Arbitrage made with respect to each such
payment date and with respect to any withdrawal and payment to the Issuer from the Rebate
Fund pursuant to the Indenture must be verified in writing by an independent public
accountant or other qualified professional. The Trustee may rely conclusively upon and
shall be fully protected from all liability in relying upon the Issuer’s determinations,
calculations and certifications required by this Section 5.7 and the Trustee shall have no
responsibility to independently make any calculations or determination or to review the
Issuer’s determinations, calculations and certifications required by this Section 5.7.
(d)
The Trustee shall, at least 60 days prior to each Rebate Calculation Date,
notify the Issuer of the requirements of this Section 5.7. By agreeing to give this notice,
the Trustee assumes no responsibility whatsoever for compliance by the Issuer with the
requirements of Section 148 of the Code or any successor. The Issuer expressly agrees that
(notwithstanding any other provision of the Indenture) any failure of the Trustee to give
any such notice, for any reason whatsoever, shall not cause the Trustee to be responsible
for any failure of the Issuer to comply with the requirements of said Section 148 or any
successor thereof.
(e)
The provisions of this Section 5.7 may be amended or deleted without
Bondowner consent or notice, upon receipt by the Issuer and the Trustee of an opinion of
Bond Counsel that such amendment or deletion will not adversely affect the excludability
from gross income of interest on the Bonds.
Section 5.8
Investment of Funds. Any moneys in the Bond Fund, the Construction
Fund, the Rebate Fund, the Reserve Instrument Fund and the Debt Service Reserve Fund shall, at
the discretion and authorization of the Issuer, be invested by the Trustee in Qualified Investments;
provided, however, that moneys on deposit in the Bond Fund and the Reserve Instrument Fund
may only be invested in Qualified Investments having a maturity date one year or less. If no
written authorization is given to the Trustee, moneys shall be held uninvested. Such investments
shall be held by the Trustee, and when the Trustee determines it necessary to use the moneys in
the Funds for the purposes for which the Funds were created, it shall liquidate at prevailing market
prices as much of the investments as may be necessary and apply the proceeds to such purposes.
All income derived from the investment of the Construction Fund, Bond Fund, the Reserve
Instrument Fund and Rebate Fund shall be maintained in said respective Funds and disbursed along
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with the other moneys on deposit therein as herein provided. All income derived from the
investment of the Debt Service Reserve Fund shall be disbursed in accordance with Section 5.5
hereof. All moneys in the Revenue Fund may, at the discretion of the Issuer, be invested by the
Issuer in Qualified Investments.
The Trustee shall have no liability or responsibility for any loss resulting from any
investment made in accordance with the provisions of this Section 5.8. The Trustee shall be
entitled to assume that any investment, which at the time of purchase is a Qualified Investment,
remains a Qualified Investment thereafter, absent receipt of written notice or information to the
contrary.
The Trustee may, to the extent permitted by the State Money Management Act of 1974,
Title 51, Chapter 7, Utah Code make any and all investments permitted by the provisions of the
Indenture through its own or any of its affiliate’s investment departments.
The Issuer acknowledges that to the extent regulations of the comptroller of the currency
or any other regulatory entity grants the Issuer the right to receive brokerage confirmations of the
security transactions as they occur, the Issuer specifically waives receipt of such confirmations to
the extent permitted by law. The Trustee shall furnish the Issuer periodic cash transaction
statements which include the detail for all investment transactions made by the Trustee hereunder.
In the event the Issuer shall be advised by Bond Counsel that it is necessary to restrict or
limit the yield on the investment of any moneys paid to or held by the Trustee in order to avoid the
Bonds, or any Series thereof, being considered “arbitrage bonds” within the meaning of the Code
or the Treasury Regulations proposed or promulgated thereunder, or to otherwise preserve the
excludability of interest payable or paid on any Bonds from gross income for federal income tax
purposes, the Issuer may require in writing the Trustee to take such steps as it may be advised by
such counsel are necessary so to restrict or limit the yield on such investment, irrespective of
whether the Trustee shares such opinion, and the Trustee agrees that it will take all such steps as
the Issuer may require.
Section 5.9
Trust Funds. All moneys and securities received by the Trustee under the
provisions of this Indenture shall be trust funds under the terms hereof and shall not be subject to
lien or attachment of any creditor of the State or any political subdivision, body, agency, or
instrumentality thereof or of the Issuer and shall not be subject to appropriation by any legislative
body or otherwise. Such moneys and securities shall be held in trust and applied in accordance
with the provisions hereof. Except as provided otherwise in Section 5.7 hereof, unless and until
disbursed pursuant to the terms hereof, all such moneys and securities (and the income therefrom)
shall be held by the Trustee as security for payment of the Principal of, premium, if any, and
interest on the Bonds and the fees and expenses of the Trustee payable hereunder.
Section 5.10 Method of Valuation and Frequency of Valuation. In computing the amount
in any fund or account, Qualified Investments shall be valued at market, exclusive of accrued
interest. With respect to all funds and accounts, valuation shall occur annually, except in the event
of a withdrawal from the Debt Service Reserve Fund, whereupon securities shall be valued
immediately after such withdrawal.
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ARTICLE VI
GENERAL COVENANTS
Section 6.1
General Covenants. The Issuer hereby covenants and agrees with each and
every Registered Owner of the Bonds issued hereunder and Reserve Instrument Provider as
follows:
(a)
Pursuant to Section 11-14-307(2)(d) of the Act, while any of the Bonds
remain outstanding and unpaid, or any Repayment Obligations are outstanding, the
ordinance, resolution or other enactment of the Issuer imposing the taxes described in the
definition of Revenues and pursuant to which said taxes are being collected, the obligation
of the Issuer to continue to levy, collect, and allocate such taxes, and to apply such
Revenues in accordance with the provisions of the authorizing ordinance, resolution or
other enactment, shall be irrevocable until the Bonds and/or any Repayment Obligations
have been paid in full as to both Principal and interest, and is not subject to amendment in
any manner which would impair the rights of the holders of those Bonds or Repayment
Obligations which would in any way jeopardize the timely payment of Principal or interest
when due.
(b)
Each Registered Owner, Security Instrument Issuer and Reserve Instrument
Provider, or any duly authorized agent or agents thereof shall have the right at all
reasonable times to inspect all records, accounts and data relating to the receipt and
disbursements of the Revenues. Except as otherwise provided herein, the Issuer further
agrees that it will within one hundred eighty (180) days following the close of each Bond
Fund Year cause an audit of such books and accounts to be made by an independent firm
of certified public accountants, showing the receipts and disbursements of the Revenues,
and that such audit will be available for inspection by each Registered Owner, Security
Instrument Issuer and Reserve Instrument Provider.
Section 6.2
First Lien Bonds; Equality of Liens. The Bonds and any Security
Instrument Repayment Obligations constitute an irrevocable first lien upon the Revenues. The
Issuer covenants that the Bonds and Security Instrument Repayment Obligations hereafter
authorized to be issued and from time to time outstanding are equitably and ratably secured by a
first lien on the Revenues and shall not be entitled to any priority one over the other in the
application of the Revenues regardless of the time or times of the issuance of the Bonds or delivery
of Security Instruments, it being the intention of the Issuer that there shall be no priority among
the Bonds or the Security Instrument Repayment Obligations regardless of the fact that they may
be actually issued and/or delivered at different times.
Any assignment or pledge from the Issuer to a Reserve Instrument Provider of (i) proceeds
of the issuance and sale of Bonds, (ii) Revenues, or (iii) Funds established hereby, including
investments, if any, thereof, is and shall be subordinate to the assignment and pledge effected
hereby to the Registered Owners of the Bonds and to the Security Instrument Issuers.
Section 6.3
Payment of Principal and Interest. The Issuer covenants that it will
punctually pay or cause to be paid the Principal of and interest on every Bond issued hereunder,
any Security Instrument Repayment Obligations and any Reserve Instrument Repayment
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Obligations, in strict conformity with the terms of the Bonds, this Indenture, any Security
Instrument Agreement and any Reserve Instrument Agreement, according to the true intent and
meaning hereof and thereof. The Principal of and interest on the Bonds, any Security Instrument
Repayment Obligations and any Reserve Instrument Repayment Obligations are payable solely
from the Revenues (except to the extent paid out of moneys attributable to Bond proceeds or other
funds created hereunder or the income from the temporary investment thereof), which Revenues
are hereby specifically pledged and assigned to the payment thereof in the manner and to the extent
herein specified, and nothing in the Bonds, this Indenture, any Security Instrument Agreement or
any Reserve Instrument Agreement should be considered as pledging any other funds or assets of
the Issuer for the payment thereof.
Section 6.4
Performance of Covenants; Issuer. The Issuer covenants that it will
faithfully perform at all times any and all covenants, undertakings, stipulations and provisions
contained herein, and in any and every Bond, Security Instrument Agreement and Reserve
Instrument Agreement. The Issuer represents that it is duly authorized under the Constitution of
the State to issue the Bonds authorized hereby and to execute this Indenture, that all actions on its
part for the issuance of the Bonds and the execution and delivery of this Indenture have been duly
and effectively taken, and that the Bonds in the hands of the Registered Owners thereof are and
will be valid and enforceable obligations of the Issuer according to the import thereof.
Section 6.5
List of Bondholders. The Trustee will keep on file at its Principal Corporate
Trust Office a list of the names and addresses of the Registered Owners of all Bonds which are
from time to time registered on the registration books in the hands of the Trustee as Registrar for
the Bonds. At reasonable times and under reasonable regulations established by the Trustee, said
list may be inspected and copied by the Issuer or by the Registered Owners (or a designated
representative thereof) of 10% or more in Principal amount of Bonds then Outstanding, such
ownership and the authority of any such designated representative to be evidenced to the
reasonable satisfaction of the Trustee.
Section 6.6
Designation of Additional Paying Agents. The Issuer hereby covenants and
agrees to cause the necessary arrangements to be made through the Trustee and to be thereafter
continued for the designation of alternate paying agents, if any, and for the making available of
funds hereunder, but only to the extent such funds are made available to the Issuer from Bond
proceeds or other Funds created hereunder or the income from the temporary investment thereof,
for the payment of such of the Bonds as shall be presented when due at the Principal Corporate
Trust Office of the Trustee, or its successor in trust hereunder, or at the principal corporate trust
office of said alternate Paying Agents.
Section 6.7
Tax Exemption of Bonds. The Issuer recognizes that Section 149(a) of the
Code requires bonds to be issued and to remain in fully registered form in order that interest
thereon is excluded from gross income for federal income tax purposes under laws in force at the
time the bonds are delivered. Bonds issued pursuant to this Indenture, the interest on which is
excludable from gross income for federal income tax purposes, are referred to in this Section 6.7
as “tax-exempt Bonds.” Pursuant to the provisions thereof, the Issuer agrees that it will not take
any action to permit tax-exempt Bonds issued hereunder to be issued in, or converted into, bearer
or coupon form, unless the Issuer first receives an opinion from Bond Counsel that such action
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will not result in the interest on any Bonds becoming includible in gross income for purposes of
federal income taxes then in effect.
The Issuer’s Mayor and County Clerk are hereby authorized and directed to execute such
certificates as shall be necessary to establish that tax-exempt Bonds issued hereunder are not
“arbitrage bonds” within the meaning of Section 148 of the Code and the Regulations promulgated
or proposed thereunder, including Treasury Regulation Sections 1.148-1 through 1.148-11, 1.149
and 1.150-1 through 1.150-2 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
Registered Owners of such Bonds that no use will be made of the proceeds of the issue and sale of
such Bonds, or any funds or accounts of the Issuer which may be deemed to be available proceeds
of such Bonds, 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 such Bonds,
would have caused the Bonds to be classified as “arbitrage bonds” within the meaning of Section
148 of the Code. Pursuant to this covenant, the Issuer obligates itself to comply throughout the
term of such Bonds with the requirements of Section 148 of the Code and the regulations proposed
or promulgated thereunder.
The Issuer further covenants and agrees to and for the benefit of the Registered Owners
that the Issuer (i) will not take any action that would cause interest on tax-exempt Bonds issued
hereunder to become includible in gross income for purposes of 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 tax-exempt Bonds to become includible in gross income for purposes of federal
income taxation, and (iii) to the extent possible, comply with any other requirements of federal tax
law applicable to the Bonds in order to preserve the excludability from gross income for purposes
of federal income taxation of interest on tax-exempt Bonds issued under this Indenture.
Section 6.8
Expeditious Construction. The Issuer shall complete the acquisition and
construction of each Project with all practical dispatch and will cause all construction to be effected
in a sound and economical manner.
Section 6.9
Instruments of Further Assurance. The Issuer and the Trustee mutually
covenant that they will, from time to time, each upon the written request of the other, or upon the
request of a Security Instrument Issuer or a Reserve Instrument Provider, execute and deliver such
further instruments and take or cause to be taken such further actions as may be reasonable and as
may be required by the other to carry out the purposes hereof; provided, however, that no such
instruments or action shall involve any personal liability of the Trustee or members of the
governing body of the Issuer or any official thereof.
Section 6.10 Covenant of State of Utah. In accordance with Section 11-14-307(3), Utah
Code Annotated 1953, as amended, the State of Utah hereby pledges and agrees with the Owners
of the Bonds and all Reserve Instrument Providers that it will not alter, impair or limit the taxes
included in the Revenues in a manner that reduces the amounts to be rebated to the Issuer which
are devoted or pledged herein until the Bonds, together with applicable interest, and all Reserve
Instrument Repayment Obligations, are fully met and discharged; provided, however, that nothing
shall preclude such alteration, impairment or limitation if and when adequate provision shall be
made by law for the protection of the Owners of the Bonds.
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ARTICLE VII
EVENTS OF DEFAULT; REMEDIES
Section 7.1
“Event of Default”:
Events of Default. Each of the following events is hereby declared an
(a)
if payment of any installment of interest on any of the Bonds shall not be
made by or on behalf of the Issuer when the same shall become due and payable, or
(b)
if payment of the Principal of or the redemption premium, if any, on any of
the Bonds shall not be made by or on behalf of the Issuer when the same shall become due
and payable, either at maturity or by proceedings for redemption in advance of maturity or
through failure to fulfill any payment to any fund hereunder or otherwise; or
(c)
if the Issuer shall for any reason be rendered incapable of fulfilling its
obligations hereunder; or
(d)
if an order or decree shall be entered, with the consent or acquiescence of
the Issuer, appointing a receiver or custodian for any of the Revenues of the Issuer, or
approving a petition filed against the Issuer seeking reorganization of the Issuer under the
federal bankruptcy laws or any other similar law or statute of the United States of America
or any state thereof, or if any such order or decree, having been entered without the consent
or acquiescence of the Issuer shall not be vacated or discharged or stayed on appeal within
30 days after the entry thereof; or
(e)
if any proceeding shall be instituted, with the consent or acquiescence of the
Issuer, for the purpose of effecting a composition between the Issuer and its creditors or
for the purpose of adjusting the claims of such creditors pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are or may be under any
circumstances payable from Revenues; or
(f)
if (i) the Issuer is adjudged insolvent by a court of competent jurisdiction,
or (ii) an order, judgment or decree be entered by any court of competent jurisdiction
appointing, without the consent of the Issuer, a receiver, trustee or custodian of the Issuer
or of the whole or any part of the Issuer’s property and any of the aforesaid adjudications,
orders, judgments or decrees shall not be vacated or set aside or stayed within 60 days from
the date of entry thereof; or
(g)
if the Issuer shall file a petition or answer seeking reorganization, relief or
any arrangement under the federal bankruptcy laws or any other applicable law or statute
of the United States of America or any state thereof; or
(h)
if, under the provisions of any other law for the relief or aid of debtors, any
court of competent jurisdiction shall assume custody or control of the Issuer or of the whole
or any substantial part of the property of the Issuer, and such custody or control shall not
be terminated within 30 days from the date of assumption of such custody or control; or
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(i)
if the Issuer shall default in the due and punctual performance of any other
of the covenants, conditions, agreements and provisions contained in the Bonds or herein
or any Supplemental Indenture hereof on the part of the Issuer to be performed, other than
as set forth above in this Section 7.1, and such Event of Default shall continue for 30 days
after written notice specifying such Event of Default and requiring the same to be remedied
shall have been given to the Issuer by the Trustee, which may give such notice in its
discretion and shall give such notice at the written request of the Registered Owners of not
less than 25% in aggregate Principal amount of the Bonds then Outstanding hereunder; or
(j)
the occurrence of any event specified in a Supplemental Indenture as
constituting an Event of Default.
Section 7.2
Remedies; Rights of Registered Owners. Upon the occurrence of an Event
of Default, the Trustee, upon being indemnified pursuant to Section 8.1 hereof, may pursue any
available remedy by suit at law or in equity to enforce the payment of the Principal of, premium,
if any, and interest on the Bonds then Outstanding or to enforce any obligations of the Issuer
hereunder including the right to require the Issuer to make monthly deposits to the Bond Fund in
the amounts set forth in Sections 5.2(a)(i) through 5.2(a)(iii).
If an Event of Default shall have occurred, and if requested so to do by
(i) Registered Owners of not less than 25% in aggregate Principal amount of the Bonds then
Outstanding, (ii) Security Instrument Issuers at that time providing Security Instruments which are
in full force and effect and not in default on any payment obligation and which secure not less than
25% in aggregate Principal amount of Bonds at the time Outstanding, or (iii) any combination of
Registered Owners and Security Instrument Issuers described in (i) and (ii) above representing not
less than 25% in aggregate Principal amount of Bonds at the time Outstanding, and indemnified
as provided in Section 8.1 hereof, the Trustee shall be obligated to exercise such one or more of
the rights and powers conferred by this Section 7.2 as the Trustee, being advised by counsel, shall
deem most expedient in the interest of the Registered Owners and the Security Instrument Issuers.
No remedy by the terms hereof conferred upon or reserved to the Trustee (or to the
Registered Owners or to the Security Instrument Issuers) is intended to be exclusive of any other
remedy, but each and every such remedy shall be cumulative and shall be in addition to any other
remedy given to the Trustee, the Registered Owners or the Security Instrument Issuers or now or
hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any Event of Default
shall impair any such right or power or shall be construed to be a waiver of any Event of Default
or acquiescence therein; and every such right and power may be exercised from time to time and
as often as may be deemed expedient.
No waiver of any Event of Default hereunder, whether by the Trustee or by the Registered
Owners or the Security Instrument Issuers, shall extend to or shall affect any subsequent Event of
Default or shall impair any rights or remedies consequent thereon.
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Section 7.3
Right of Registered Owners to Direct Proceedings. Anything herein to the
contrary notwithstanding, unless a Supplemental Indenture provides otherwise, either (i) the
Registered Owners of a majority in aggregate Principal amount of the Bonds then Outstanding,
(ii) the Security Instrument Issuers at the time providing Security Instruments which are in full
force and effect and not in default on any payment obligation and which secure not less than 50%
in aggregate Principal amount of Bonds at the time Outstanding, or (iii) any combination of
Registered Owners and Security Instrument Issuers described in (i) and (ii) above representing not
less than 50% in aggregate Principal amount of Bonds at the time Outstanding, shall have the right,
at any time, by an instrument or instruments in writing executed and delivered to the Trustee, to
direct the time, method and place of conducting all proceedings to be taken in connection with the
enforcement of the terms and conditions hereof, or for the appointment of a receiver or any other
proceedings hereunder; provided, that such direction shall not be otherwise than in accordance
with the provisions of law and of this Indenture.
Section 7.4
Application of Moneys. All moneys received by the Trustee pursuant to
any right given or action taken under the provisions of this ARTICLE VII shall, after payment of
Trustee’s fees and expenses including the fees and expenses of its counsel for the proceedings
resulting in the collection of such moneys and of the expenses and liabilities and advances incurred
or made by the Trustee, be deposited in the Bond Fund and all moneys so deposited in the Bond
Fund shall be applied in the following order:
(a)
To the payment of the Principal of, premium, if any, and interest then due
and payable on the Bonds and the Security Instrument Repayment Obligations as follows:
(i)
Unless the Principal of all the Bonds shall have become due and
payable, all such moneys shall be applied:
FIRST—To the payment to the persons entitled thereto of all
installments of interest then due on the Bonds and the interest component
of any Security Instrument Repayment Obligations then due, in the order of
the maturity of the installments of such interest and, if the amount available
shall not be sufficient to pay in full any particular installment, then to the
payment ratably, according to the amounts due on such installment, to the
persons entitled thereto, without any discrimination or privilege; and
SECOND—To the payment to the persons entitled thereto of the
unpaid Principal of and premium, if any, on the Bonds which shall have
become due (other than Bonds called for redemption for the payment of
which moneys are held pursuant to the provisions hereof), in the order of
their due dates, and the Principal component of any Security Instrument
Repayment Obligations then due, and, if the amount available shall not be
sufficient to pay in full all the Bonds and the Principal component of any
Security Instrument Repayment Obligations due on any particular date, then
to the payment ratably, according to the amount of Principal due on such
date, to the persons entitled thereto without any discrimination or privilege.
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(ii)
If the Principal of all the Bonds shall have become due and payable,
all such moneys shall be applied to the payment of the Principal and interest then
due and unpaid upon the Bonds and Security Instrument Repayment Obligations,
without preference or priority of Principal over interest or of interest over Principal,
or of any installment of interest over any other installment of interest, or of any
Bond or Security Instrument Repayment Obligation over any other Bond or
Security Instrument Repayment Obligation, ratably, according to the amounts due
respectively for Principal and interest, to the persons entitled thereto without any
discrimination or privilege.
(b)
To the payment of all obligations owed to all Reserve Instrument Providers,
ratably, according to the amounts due without any discrimination or preference under any
applicable agreement related to any Reserve Instrument Agreement.
Whenever moneys are to be applied pursuant to the provisions of this Section 7.4, such
moneys shall be applied at such times, and from time to time, as the Trustee shall determine, having
due regard to the amounts of such moneys available for such application and the likelihood of
additional moneys becoming available for such application in the future. Whenever the Trustee
shall apply such funds, it shall fix the date (which shall be an Interest Payment Date unless it shall
deem another date more suitable) upon which such application is to be made and upon such date
interest on the amounts of Principal paid on such dates shall cease to accrue.
Section 7.5
Remedies Vested in Trustee. All rights of action (including the right to file
proof of claims) hereunder or under any of the Bonds may be enforced by the Trustee without the
possession of any of the Bonds or the production thereof in any trial or other proceedings related
thereto and any such suit or proceedings instituted by the Trustee shall be brought in its name as
Trustee without the necessity of joining as plaintiffs or defendants any Registered Owners of the
Bonds, and any recovery of judgment shall be for the equal benefit of the Registered Owners of
the Outstanding Bonds.
Section 7.6
Rights and Remedies of Registered Owners. Except as provided in the last
sentence of this Section 7.6, no Registered Owner of any Bond or Security Instrument Issuer shall
have any right to institute any suit, action or proceeding in equity or at law for the enforcement
hereof or for the execution of any trust thereof or for the appointment of a receiver or any other
remedy hereunder, unless an Event of Default has occurred of which the Trustee has been notified
as provided in Section 8.1(g), or of which by said Section it is deemed to have notice, nor unless
also Registered Owners of 25% in aggregate Principal amount of the Bonds then Outstanding or
Security Instrument Issuers at the time providing Security Instruments which are in full force and
effect and are not in default on any payment obligation and which secure not less than 25% in
aggregate Principal amount of Bonds at the time Outstanding shall have made written request to
the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers
hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also
they have offered to the Trustee indemnity as provided in Section 8.1 hereof nor unless the Trustee
shall thereafter fail or refuse to exercise the powers hereinabove granted, or to institute such action,
suit or proceeding in its own name or names. Such notification, request and offer of indemnity are
hereby declared in every case at the option of the Trustee to be conditions precedent to the
execution of the powers and trust hereof, and to any action or cause of action for the enforcement
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hereof, or for the appointment of a receiver or for any other remedy hereunder; it being understood
and intended that no one or more Registered Owner of the Bonds or Security Instrument Issuer
shall have any right in any manner whatsoever to affect, disturb or prejudice the lien hereof by its
action or to enforce any right hereunder except in the manner herein provided, and that all
proceedings at law or in equity shall be instituted, had and maintained in the manner herein
provided and for the equal benefit of the Registered Owners of all Bonds then Outstanding and all
Security Instrument Issuers at the time providing Security Instruments. Nothing herein contained
shall, however, affect or impair the right of any Registered Owner or Security Instrument Issuer to
enforce the covenants of the Issuer to pay the Principal of, premium, if any, and interest on each
of the Bonds issued hereunder held by such Registered Owner and Security Instrument Repayment
Obligations at the time, place, from the source and in the manner in said Bonds or Security
Instrument Repayment Obligations expressed.
Section 7.7
Termination of Proceedings. In case the Trustee, any Registered Owner or
any Security Instrument Issuer shall have proceeded to enforce any right hereunder by the
appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or
abandoned for any reason, or shall have been determined adversely to the Trustee, the Registered
Owner, or Security Instrument Issuer, then and in every such case the Issuer and the Trustee shall
be restored to their former positions and rights hereunder, and all rights, remedies and powers of
the Trustee shall continue as if no such proceedings had been taken.
Section 7.8
Waivers of Events of Default. Subject to Section 8.1(g) hereof, the Trustee
may in its discretion, and with the prior written consent of all Security Instrument Issuers at the
time providing Security Instruments, waive any Event of Default hereunder and its consequences
and shall do so upon the written request of the Registered Owners of (a) a majority in aggregate
Principal amount of all the Bonds then Outstanding or Security Instrument Issuers at the time
providing Security Instruments which are in full force and effect and are not in default on any
payment obligation and which secure not less than 50% in aggregate Principal amount of Bonds
at the time Outstanding in respect of which an Event of Default in the payment of Principal and
interest exist, or (b) a majority in aggregate Principal amount of the Bonds then Outstanding or
Security Instrument Issuers at the time providing Security Instruments which are in full force and
effect and are not in default on any payment obligation and which secure not less than 50% in
aggregate Principal amount of Bonds at the time Outstanding in the case of any other Event of
Default; provided, however, that there shall not be waived (i) any default in the payment of the
Principal of any Bonds at the date that a Principal Installment is due or (ii) any default in the
payment when due of the interest on any such Bonds, unless prior to such waiver or rescission, all
arrears of interest, with interest (to the extent permitted by law) at the rate borne by the Bonds in
respect of which such Event of Default shall have occurred on overdue installments of interest and
all arrears of payments of Principal and premium, if any, when due and all expenses of the Trustee,
in connection with such Event of Default shall have been paid or provided for, and in case of any
such waiver or rescission, or in case any proceeding taken by the Trustee on account of any such
Event of Default shall have been discontinued or abandoned or determined adversely, then and in
every such case the Issuer, the Trustee, the Registered Owners and the Security Instrument Issuers
shall be restored to their former positions and rights hereunder, respectively, but no such waiver
or rescission shall extend to any subsequent or other Event of Default, or impair any right
consequent thereon.
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Section 7.9
Cooperation of Issuer. In the case of any Event of Default hereunder, the
Issuer shall cooperate with the Trustee and use its best efforts to protect the Registered Owners,
Reserve Instrument Providers and the Security Instrument Issuers.
ARTICLE VIII
THE TRUSTEE
Section 8.1
Acceptance of the Trusts. The Trustee accepts the trusts imposed upon it
hereby, and agrees to perform said trusts as a corporate trustee ordinarily would perform said trusts
under a corporate indenture, but no implied covenants or obligations shall be read into this
Indenture against the Trustee.
(a)
The Trustee may execute any of the trusts or powers thereof and perform
any of its duties by or through attorneys, agents, receivers or employees and the Trustee
shall not be responsible for any misconduct or negligence on the part of any agent or
attorney appointed with due care and shall be entitled to advice of counsel concerning all
matters of trusts hereof and the duties hereunder, and may in all cases pay such reasonable
compensation to all such attorneys, agents, receivers and employees as may reasonably be
employed in connection with the trusts hereof. The Trustee may act upon the opinion or
advice of counsel. The Trustee shall not be responsible for any loss or damage resulting
from any action or non-action in good faith in reliance upon such opinion or advice.
(b)
The Trustee shall not be responsible for any recital herein, or in the Bonds
(except in respect to the certificate of the Trustee endorsed on the Bonds), or collecting any
insurance moneys, or for the validity of the execution by the Issuer of this Indenture or of
any supplements thereto or instruments of further assurance, or for the sufficiency of the
security for the Bonds issued hereunder or intended to be secured hereby; and the Trustee
shall not be bound to ascertain or inquire as to the performance or observance of any
covenants, conditions or agreements on the part of the Issuer; but the Trustee may require
of the Issuer full information and advice as to the performance of the covenants, conditions
and agreements aforesaid and as to the condition of the property herein conveyed. The
Trustee shall not be responsible or liable for any loss suffered in connection with any
investment of funds made by it in accordance with the provisions hereof. The Trustee shall
have no responsibility with respect to any information, statement or recital in any offering
memorandum or other disclosure material prepared or distributed with respect to the
Bonds.
(c)
The Trustee shall not be accountable for the use of any Bonds authenticated
or delivered hereunder, except as specifically set forth herein. The Trustee may become
the owner of Bonds secured hereby with the same rights which it would have if not Trustee.
(d)
The Trustee shall be protected in acting upon any notice, request, consent,
certificate, order, affidavit, letter, telegram or other paper or document believed to be
genuine and correct and to have been signed or sent by the proper person or persons. Any
action taken by the Trustee pursuant hereto upon the request or authority or consent of any
person who at the time of making such request or giving such authority or consent is the
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Registered Owner of any Bond, shall be conclusive and binding upon all future Owners of
the same Bond and upon Bonds issued in exchange therefor or in place thereof.
(e)
As to the existence or nonexistence of any fact or as to the sufficiency or
validity of any instrument, paper or proceeding, the Trustee shall be entitled to rely upon a
certificate signed on behalf of the Issuer by an Authorized Representative as sufficient
evidence of the facts therein contained and prior to the occurrence of an Event of Default
of which the Trustee has been notified as provided in Section 8.1(g) herein, or of which by
said Paragraph it is deemed to have notice, shall also be at liberty to accept a similar
certificate to the effect that any particular dealing, transaction or action is necessary or
expedient, but may at its discretion secure such further evidence deemed necessary or
advisable, but shall in no case be bound to secure the same. The Trustee may accept a
certificate of an Authorized Representative of the Issuer under its seal to the effect that a
resolution in the form therein set forth has been adopted by the Issuer as conclusive
evidence that such resolution has been duly adopted, and is in full force and effect.
(f)
The permissive right of the Trustee to do things enumerated herein shall not
be construed as a duty and the Trustee shall not be answerable for other than its negligence
or willful misconduct.
(g)
The Trustee shall not be required to take notice or be deemed to have notice
of any Event of Default hereunder, except an Event of Default described in Section 7.1(a)
or 7.1(b), unless the Trustee shall be specifically notified in writing of such Default by the
Issuer, a Security Instrument Issuer or by the Registered Owners of at least 25% in the
aggregate Principal amount of any Series of the Bonds then Outstanding and all notices or
other instruments required hereby to be delivered to the Trustee must, in order to be
effective, be delivered at the Principal Corporate Trust Office of the Trustee, and in the
absence of such notice so delivered, the Trustee may conclusively assume there is no Event
of Default except as aforesaid.
(h)
At any and all reasonable times and upon reasonable prior written notice,
the Trustee, and its duly authorized agents, attorneys, experts, engineers, accountants and
representatives, shall have the right fully to inspect all books, papers and records of the
Issuer pertaining to the Bonds, and to take such memoranda from and in regard thereto as
may be desired.
(i)
The Trustee shall not be required to give any bond or surety in respect of
the execution of the said trusts and powers or otherwise in respect of the premises.
(j)
Notwithstanding anything elsewhere herein contained, the Trustee shall
have the right, but shall not be required, to demand, in respect of the authentication of any
Bonds, the withdrawal of any cash, the release of any property, or any action whatsoever
within the purview hereof, any showing, certificates, opinions, appraisals, or other
information, or corporate action or evidence thereof, in addition to that by the terms hereof
required as a condition of such action by the Trustee, deemed desirable for the
authentication of any Bonds, the withdrawal of any cash, or the taking of any other action
by the Trustee.
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(k)
All moneys received by the Trustee or any Paying Agent shall, until used
or applied or invested as herein provided, be held in trust for the purposes for which they
were received but need not be segregated from other funds except to the extent required by
law. Neither the Trustee nor any Paying Agent shall be under any liability for interest on
any moneys received hereunder except such as may be agreed upon.
(l)
If any Event of Default hereunder shall have occurred and be continuing,
the Trustee shall exercise such of the rights and powers vested in it hereby and shall use
the same degree of care as a prudent man would exercise or use in the circumstances in the
conduct of his own affairs.
(m)
The Trustee shall be under no obligation to exercise any of the rights or
powers vested in it by this Indenture at the request, order or direction of any of the
Registered Owners, Security Instrument Issuers or Reserve Instrument Providers pursuant
to the provisions of this Indenture, unless such Registered Owners, Security Instrument
Issuers or Reserve Instrument Providers shall have offered to the Trustee security or
indemnity satisfactory to it against the costs, expenses and liabilities which may be incurred
therein or thereby.
(n)
The Trustee shall not be required to expend, advance, or risk its own funds
or incur any financial liability in the performance of its duties or in the exercise of any of
its rights or powers if it shall have reasonable grounds for believing that repayment of such
funds or satisfactory indemnity against such risk or liability is not assured to it.
Section 8.2
Fees, Charges and Expenses of Trustee. The Trustee shall be entitled to
payment and/or reimbursement for reasonable fees for its services rendered as Trustee hereunder
and all advances, counsel fees and other expenses reasonably and necessarily made or incurred by
the Trustee in connection with such services. The Trustee shall be entitled to payment and
reimbursement for the reasonable fees and charges of the Trustee as Paying Agent and Registrar
for the Bonds as hereinabove provided. Upon an Event of Default, but only upon an Event of
Default, the Trustee shall have a right of payment prior to payment on account of interest or
Principal of, or premium, if any, on any Bond for the foregoing advances, fees, costs and expenses
incurred. The Trustee’s rights under this Section 8.2 will not terminate upon its resignation or
removal or upon payment of the Bonds and discharge of the Indenture.
Section 8.3
Notice to Registered Owners if Event of Default Occurs. If an Event of
Default occurs of which the Trustee is by Section 8.1(g) hereof required to take notice or if notice
of an Event of Default be given to the Trustee as in said Section provided, then the Trustee shall
give written notice thereof by registered or certified mail to all Security Instrument Issuers or to
Registered Owners of all Bonds then Outstanding shown on the registration books of the Bonds
kept by the Trustee as Registrar for the Bonds.
Section 8.4
Intervention by Trustee. In any judicial proceeding to which the Issuer is a
party and which in the opinion of the Trustee and its counsel has a substantial bearing on the
interest of Registered Owners of the Bonds, the Trustee may intervene on behalf of such Owners
and shall do so if requested in writing by the Registered Owners of at least 25% in aggregate
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Principal amount of the Bonds then Outstanding. The rights and obligations of the Trustee under
this Section 8.4 are subject to the approval of a court of competent jurisdiction.
Section 8.5
Successor Trustee. Any corporation or association into which the Trustee
may be converted or merged, or with which it may be consolidated, or to which it may sell or
transfer its corporate trust business and assets as a whole or substantially as a whole, or any
corporation or association resulting from any such conversion, sale, merger, consolidation or
transfer to which it is a party, ipso facto, shall be and become successor Trustee hereunder and
vested with all of the title to the whole property or trust estate and all the trusts, powers, discretions,
immunities, privileges and all other matters as was its predecessor, without the execution or filing
of any instrument or any further act, deed of conveyance on the part of any of the parties hereto,
anything herein to the contrary notwithstanding.
Section 8.6
Resignation by the Trustee. The Trustee and any successor Trustee may at
any time resign from the trusts hereby created by giving written notice to the Issuer, served
personally or by registered or certified mail, and by registered or certified mail to each Reserve
Instrument Issuer, Security Instrument Issuer and Registered Owner of Bonds then Outstanding,
and such resignation shall take effect upon the appointment of and acceptance by a successor
Trustee by the Registered Owners or by the Issuer as provided in Section 8.8 hereof; provided,
however that if no successor Trustee has been appointed within 60 days of the date of such notice
of resignation, the resigning Trustee may petition any court of competent jurisdiction for the
appointment of a successor Trustee, and such court may thereupon, after such notice, if any, as it
deems proper and prescribes, appoint a successor Trustee.
Section 8.7
Removal of the Trustee. The Trustee may be removed at any time, by an
instrument or concurrent instruments (i) in writing delivered to the Trustee, and signed by the
Issuer, unless there exists any Event of Default, or (ii) in writing delivered to the Trustee and the
Issuer, and signed by the Registered Owners of a majority in aggregate Principal amount of Bonds
then Outstanding if an Event of Default exists; provided that such instrument or instruments
concurrently appoint a successor Trustee meeting the qualifications set forth herein.
Section 8.8
Appointment of Successor Trustee by Registered Owners; Temporary
Trustee. In case the Trustee hereunder shall resign or be removed, or be dissolved, or shall be in
course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case
it shall be taken under the control of any public officer or officers, or of a receiver appointed by a
court, a successor may be appointed by the Issuer or if an Event of Default exists by the Registered
Owners of a majority in aggregate Principal amount of Bonds then Outstanding, by an instrument
or concurrent instruments in writing signed by such Owners, or by their attorneys in fact, duly
authorized; provided, nevertheless, that in case of such vacancy, the Issuer by an instrument
executed by an Authorized Representative under its seal, may appoint a temporary Trustee to fill
such vacancy until a successor Trustee shall be appointed by the Registered Owners in the manner
above provided; and any such temporary Trustee so appointed by the Issuer shall immediately and
without further act be superseded by the Trustee so appointed by such Registered Owners. Every
successor Trustee appointed pursuant to the provisions of this Section 8.8 or otherwise shall be a
trust company or bank in good standing having a reported capital and surplus of not less than
$50,000,000.
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Each Reserve Instrument Provider and Security Instrument Issuer shall be notified by the
Issuer immediately upon the resignation or termination of the Trustee and provided with a list of
candidates for the office of successor Trustee.
Section 8.9
Concerning Any Successor Trustee. Every successor Trustee appointed
hereunder shall execute, acknowledge and deliver to its predecessor and also to the Issuer an
instrument in writing accepting such appointment hereunder, and thereupon such successor,
without any further act, deed or conveyance, shall become fully vested with all the estates,
properties, rights, powers, trusts, duties and obligations of its predecessor; but such predecessor
shall, nevertheless, on the written request of the Issuer, or of the successor Trustee, execute and
deliver an instrument transferring to such successor Trustee all the estates, properties, rights,
powers and trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all
securities and moneys held by it as Trustee hereunder to its successor. Should any instrument in
writing from the Issuer be required by any successor Trustee for more fully and certainly vesting
in such successor the estates, rights, powers and duties hereby vested or intended to be vested in
the predecessor, any and all such instruments in writing shall, on request, be executed,
acknowledged and delivered by the Issuer. The resignation of any Trustee and the instrument or
instruments removing any Trustee and appointing a successor hereunder, together with all other
instruments provided for in this ARTICLE VIII shall be filed and/or recorded by the successor
Trustee in each recording office, if any, where the Indenture shall have been filed and/or recorded.
Section 8.10 Trustee Protected in Relying Upon Indenture, Etc.. The indentures,
opinions, certificates and other instruments provided for herein may be accepted by the Trustee as
conclusive evidence of the facts and conclusions stated therein and shall be full warrant, protection
and authority to the Trustee for the release of property and the withdrawal of cash hereunder.
Section 8.11 Successor Trustee as Trustee of Funds; Paying Agent and Bond Registrar.
In the event of a change in the office of Trustee, the predecessor Trustee which has resigned or
been removed shall cease to be Trustee hereunder and Registrar for the Bonds and Paying Agent
for Principal of, premium, if any, and interest on the Bonds, and the successor Trustee shall become
such Trustee, Registrar and Paying Agent for the Bonds.
Section 8.12 Trust Estate May Be Vested in Separate or Co-Trustee. It is the purpose of
this Indenture that there shall be no violation of any law of any jurisdiction (including particularly
the laws of the State) denying or restricting the right of banking corporations or associations to
transact business as Trustee in such jurisdiction. It is recognized that in case of litigation
hereunder, and in particular in case of the enforcement of remedies on Event of Default, or in case
the Trustee deems that by reason of any present or future law of any jurisdiction it may not exercise
any of the powers, rights, or remedies herein granted to the Trustee or hold title to the trust estate,
as herein granted, or take any other action which may be desirable or necessary in connection
therewith, it may be necessary that the Trustee appoint an additional individual or institution as a
separate or co-trustee. The following provisions of this Section 8.12 are adapted to these ends.
In the event that the Trustee appoints an additional individual or institution as a separate or
co-trustee, each and every remedy, power, right, claim, demand, cause of action, immunity, estate,
title, interest and lien expressed or intended hereby to be exercised by or vested in or conveyed to
the Trustee with respect thereto shall be exercisable by and vested in such separate or co-trustee,
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but only to the extent necessary to enable the separate or co-trustee to exercise such powers, rights
and remedies, and every covenant and obligation necessary to the exercise thereof by such separate
or co-trustee shall run to and be enforceable by either of them.
Should any deed, conveyance or instrument in writing from the Issuer be required by the
separate trustee or co-trustee so appointed by the Trustee for more fully and certainly vesting in
and confirming to it such properties, rights, powers, trusts, duties and obligations, any and all such
deeds, conveyances and instruments in writing shall, on request of such trustee or co-trustee, be
executed, acknowledged and delivered by the Issuer. In case any separate trustee or co-trustee, or
a successor to either, shall die, become incapable of acting, resign or be removed, all the estates,
properties, rights, powers, trusts, duties and obligations of such separate trustee or co-trustee, so
far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a
new trustee or successor to such separate trustee or co-trustee.
Section 8.13 Annual Accounting. The Trustee shall prepare an annual accounting for
each Bond Fund Year by the end of the month following each such Bond Fund Year showing in
reasonable detail all financial transactions relating to the funds and accounts held by the Trustee
hereunder during the accounting period and the balance in any funds or accounts created hereby
as of the beginning and close of such accounting period, and shall mail the same to the Issuer, and
to each Reserve Instrument Provider requesting the same. The Trustee shall also make available
for inspection by any Registered Owner a copy of said annual accounting (with the names and
addresses of Registered Owners receiving payment of debt service on the Bonds deleted therefrom)
and shall mail the same if requested in writing to do so by Registered Owners of at least 25% in
aggregate Principal amount of Bonds then Outstanding to the designee of said Owners specified
in said written request at the address therein designated. On or before the end of the month
following each Bond Fund Year, the Trustee shall, upon written request, provide to the Issuer and
the Issuer’s independent auditor representations as to the accuracy of the facts contained in the
financial reports concerning the transactions described herein that were delivered by the Trustee
during the Bond Fund Year just ended.
Section 8.14 Indemnification. To the extent permitted by law and subject to the
provisions of Section 8.1(a) of this Indenture, the Issuer shall indemnify and save Trustee harmless
against any liabilities it may incur in the exercise and performance of its powers and duties
hereunder, other than those due to its own negligence or willful misconduct.
Section 8.15 Trustee’s Right to Own and Deal in Bonds. The bank or trust company
acting as Trustee under this Indenture, and its directors, officers, employees or agents, may in good
faith buy, sell, own, hold and deal in any of the Bonds issued hereunder and secured by this
Indenture, and may join in any action which any Bondholder may be entitled to take with like
effect as if such bank or trust company were not the Trustee under this Indenture.
ARTICLE IX
SUPPLEMENTAL INDENTURES
Section 9.1
Supplemental Indentures Not Requiring Consent of Registered Owners,
Security Instrument Issuers and Reserve Instrument Providers. The Issuer and the Trustee may,
without the consent of, or notice to, any of the Registered Owners or Reserve Instrument Providers,
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or Security Instrument Issuers, enter into an indenture or indentures supplemental hereto, as shall
not be inconsistent with the terms and provisions hereof, for any one or more of the following
purposes:
(a)
To provide for the issuance of Additional Bonds in accordance with the
provisions of Section 2.13 hereof;
(b)
To cure any ambiguity or formal defect or omission herein;
(c)
To grant to or confer upon the Trustee for the benefit of the Registered
Owners, any Security Instrument Issuers and any Reserve Instrument Providers any
additional rights, remedies, powers or authority that may lawfully be granted to or
conferred upon the Registered Owners or any of them which shall not adversely affect the
interests of any Reserve Instrument Providers or Security Instrument Issuers without its
consent;
(d)
To subject to this Indenture additional Revenues or other revenues,
properties, collateral or security;
(e)
To provide for the issuance of the Bonds pursuant to a book-entry system
or as uncertificated registered public obligations pursuant to the provisions of the
Registered Public Obligations Act, Title 15, Chapter 7 of the Utah Code, Annotated 1953,
as amended, or any successor provisions of law;
(f)
To make any change which shall not materially adversely affect the rights
or interests of the Owners of any Outstanding Bonds, any Security Instrument Issuers or
any Reserve Instrument Provider requested or approved by a Rating Agency in order to
obtain or maintain any rating on the Bonds or requested or approved by a Security
Instrument Issuer or Reserve Instrument Provider in order to insure or provide other
security for any Bonds;
(g)
To make any change necessary (A) to establish or maintain the excludability
from gross income for federal income tax purposes of interest on any Series of Bonds as a
result of any modifications or amendments to Section 148 of the Code or interpretations by
the Internal Revenue Service of Section 148 of the Code or of regulations proposed or
promulgated thereunder, or (B) to comply with the provisions of Section 148(f) of the
Code, including provisions for the payment of all or a portion of the investment earnings
of any of the Funds established hereunder to the United States of America;
(h)
If the Bonds affected by any change are rated by a Rating Agency, to make
any change which does not result in a reduction of the rating applicable to any of the Bonds
so affected, provided that if any of the Bonds so affected are secured by a Security
Instrument, such change must be approved in writing by the related Security Instrument
Issuer;
(i)
If the Bonds affected by any change are secured by a Security Instrument,
to make any change approved in writing by the related Security Instrument Issuer, provided
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that if any of the Bonds so affected are rated by a Rating Agency, such change shall not
result in a reduction of the rating applicable to any of the Bonds so affected;
(j)
Unless otherwise provided by a Supplemental Indenture authorizing a
Series of Bonds, the designation of the facilities to constitute a Project by such
Supplemental Indenture may be modified or amended if the Issuer delivers to the Trustee
(1) a Supplemental Indenture designating the facilities to comprise the Project and (2) an
opinion of Bond Counsel to the effect that such amendment will not adversely affect the
tax-exempt status (if applicable) or validity of the Bonds; and
(k)
To correct any references contained herein to provisions of the Act, the
Code or other applicable provisions of law that have been amended so that the references
herein are correct.
Section 9.2
Supplemental Indentures Requiring Consent of Registered Owners and
Reserve Instrument Providers; Waivers and Consents by Registered Owners. Exclusive of
Supplemental Indentures covered by Section 9.1 hereof and subject to the terms and provisions
contained in this Section 9.2, and not otherwise, the Registered Owners of 66 2/3% in aggregate
Principal amount of the Bonds then Outstanding shall have the right, from time to time, anything
contained herein to the contrary notwithstanding, to (i) consent to and approve the execution by
the Issuer and the Trustee of such other indenture or indentures supplemental hereto as shall be
deemed necessary and desirable by the Issuer for the purpose of modifying, altering, amending,
adding to or rescinding, in any particular, any of the terms or provisions contained herein or in any
Supplemental Indenture, or (ii) waive or consent to the taking by the Issuer of any action
prohibited, or the omission by the Issuer of the taking of any action required, by any of the
provisions hereof or of any indenture supplemental hereto; provided, however, that nothing in this
Section 9.2 contained shall permit or be construed as permitting (a) an extension of the date that a
Principal Installment is due at maturity or mandatory redemption or reduction in the Principal
amount of, or reduction in the rate of or extension of the time of paying of interest on, or reduction
of any premium payable on the redemption of, any Bond, without the consent of the Registered
Owner of such Bond, or (b) a reduction in the amount or extension of the time of any payment
required by any Fund established hereunder applicable to any Bonds without the consent of the
Registered Owners of all the Bonds which would be affected by the action to be taken, or (c) a
reduction in the aforesaid aggregate Principal amount of Bonds, the Registered Owners of which
are required to consent to any such waiver or Supplemental Indenture, or (d) affect the rights of
the Registered Owners of less than all Bonds then outstanding, without the consent of the
Registered Owners of all the Bonds at the time Outstanding which would be affected by the action
to be taken. In addition, no supplement hereto shall modify the rights, duties or immunities of the
Trustee, without the written consent of the Trustee. If a Security Instrument or a Reserve
Instrument is in effect with respect to any Series of Bonds Outstanding and if a proposed
modification or amendment would affect such Series of Bonds, then, except as provided in Section
9.1, neither this Indenture nor any Supplemental Indenture with respect to such Series of Bonds
shall be modified or amended at any time without the prior written consent of the related Security
Instrument Issuer or Reserve Instrument Provider, as applicable.
If at any time the Issuer shall request the Trustee to enter into any such Supplemental
Indenture for any of the purposes of this Section 9.2, the Trustee shall, upon being satisfactorily
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indemnified with respect to expenses, cause notice of the proposed execution of such Supplemental
Indenture to be given by registered or certified mail to the Bondholder of each Bond shown by the
list of Bondholders required by the terms of Section 2.6 hereof to be kept at the office of the
Trustee. Such notices shall briefly set forth the nature of the proposed Supplemental Indenture
and shall state that copies thereof are on file at the principal office of the Trustee for inspection by
all Bondholders. At the time such notices are mailed by the Trustee, the Issuer may, but is not
required to, designate a reasonable time period for receipt of such consents and shall include such
requirement in the notices sent to the Bondholders. If the Bondholders of not less than 66 2/3% in
aggregate Principal amount of the Bonds Outstanding at the time of the execution of any such
Supplemental Indenture shall have consented to and approved the execution thereof as herein
provided, no holder of any Bond shall have any right to object to any of the terms and provisions
contained therein, or the operation thereof, or in any manner to question the propriety of the
execution thereof, or to enjoin or restrain the Trustee or the Issuer from executing the same or from
taking any action pursuant to the provisions thereof. Upon the execution of any such Supplemental
Indenture as in this Article IX permitted and provided, the Indenture shall be and be deemed to be
modified and amended in accordance therewith.
ARTICLE X
DISCHARGE OF INDENTURE
If the Issuer shall pay or cause to be paid, or there shall be otherwise paid or provision for
payment made, to or for the Registered Owners of the Bonds, the Principal of and interest due or
to become due thereon at the times and in the manner stipulated therein, and shall pay or cause to
be paid to the Trustee all sums of moneys due or to become due according to the provisions hereof,
and to all Security Instrument Issuers and all Reserve Instrument Providers all sums of money due
or to become due according to the provisions of any Security Instrument Agreements, Reserve
Instrument Agreements, as applicable, then these presents and the estate and rights hereby granted
shall cease, terminate and be void, whereupon the Trustee shall cancel and discharge the lien
hereof, and release, assign and deliver unto the Issuer any and all the estate, right, title and interest
in and to any and all rights assigned or pledged to the Trustee, held by the Trustee, or otherwise
subject to the lien hereof, except moneys or securities held by the Trustee for the payment of the
Principal of and interest on the Bonds, the payment of amounts pursuant to any Security Instrument
Agreements or the payment of amounts pursuant to any Reserve Instrument Agreements.
Any Bond shall be deemed to be paid within the meaning of this ARTICLE X when
payment of the Principal of such Bond, plus interest thereon to the due date thereof (whether such
due date be by reason of maturity or upon redemption as provided herein, or otherwise), either (a)
shall have been made or caused to have been made in accordance with the terms thereof, or (b)
shall have been provided by irrevocably depositing with or for the benefit of the Trustee, in trust
and irrevocably setting aside exclusively for such payment, (i) moneys sufficient to make such
payment, or (ii) Direct Obligations, maturing as to Principal and interest in such amount and at
such times as will insure the availability of sufficient moneys to make such payment, and all
necessary and proper fees, compensation and expenses of the Trustee, and any paying agent
pertaining to the Bond with respect to which such deposit is made shall have been paid or the
payment thereof provided for to the satisfaction of the Trustee. At such times as a Bond shall be
deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits
hereof, except for the purposes of any such payment from such moneys or Direct Obligations.
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Notwithstanding the foregoing, in the case of Bonds, which by their terms may be
redeemed prior to their stated maturity, no deposit under the immediately preceding paragraph
shall be deemed a payment of such Bonds as aforesaid until the Issuer shall have given the Trustee,
in form satisfactory to the Trustee, irrevocable instructions:
(a)
stating the date when the Principal of each such Bond is to be paid, whether
at maturity or on a redemption date (which shall be any redemption date permitted hereby);
(b)
directing the Trustee to call for redemption pursuant hereto any Bonds to be
redeemed prior to maturity pursuant to Article II above; and
(c)
directing the Trustee to mail, as soon as practicable, in the manner
prescribed by ARTICLE II hereof, a notice to the Registered Owners of such Bonds and to
each related Security Instrument Issuer that the deposit required by this ARTICLE X has
been made with the Trustee and that such Bonds are deemed to have been paid in
accordance with this ARTICLE X and stating the maturity or redemption date upon which
moneys are to be available for the payment of the Principal or redemption price, if
applicable, on said Bonds as specified in Article II.
Any moneys so deposited with the Trustee as provided in this ARTICLE X may at the
direction of the Issuer also be invested and reinvested in Direct Obligations, maturing in the
amounts and times as hereinbefore set forth, and all income from all Direct Obligations in the
hands of the Trustee pursuant to this ARTICLE X which is not required for the payment of the
Bonds and interest thereon with respect to which such moneys shall have been so deposited, shall
be deposited in the Bond Fund as and when realized and collected for use and application as are
other moneys deposited in that fund; provided, however, that before any excess moneys shall be
deposited in the Bond Fund, the Trustee shall first obtain a written verification from a certified
public accountant that the moneys remaining on deposit with the Trustee and invested in Direct
Obligations after such transfer to the Bond Fund shall be sufficient in amount to pay Principal and
interest on the Bonds when due and payable.
No such deposit under this ARTICLE X shall be made or accepted hereunder and no use
made of any such deposit unless the Trustee shall have received an opinion of Bond Counsel to
the effect that such deposit and use would not cause any tax-exempt Bonds to be treated as
arbitrage bonds within the meaning of Sections 148 of the Code.
Notwithstanding any provision of any other Article hereof which may be contrary to the
provisions of this ARTICLE X, all moneys or Direct Obligations set aside and held in trust
pursuant to the provisions of this ARTICLE X for the payment of Bonds (including interest
thereon) shall be applied to and used solely for the payment of the particular Bonds (including
interest thereon) with respect to which such moneys or Direct Obligations have been so set aside
in trust.
Anything in ARTICLE VIII hereof to the contrary notwithstanding, if moneys or Direct
Obligations have been deposited or set aside with the Trustee pursuant to this ARTICLE X for the
payment of Bonds and such Bonds shall not have in fact been actually paid in full, no amendment
4913-9078-4135, v. 5
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to the provisions of this ARTICLE X shall be made without the consent of the Registered Owner
of each Bond affected thereby.
ARTICLE XI
MISCELLANEOUS
Section 11.1 Consents, Etc., of Registered Owners. Any consent, request, direction,
approval, objection or other instrument required hereby to be executed by the Registered Owners,
Security Instrument Issuers or Reserve Instrument Providers may be in any number of concurrent
writings of similar tenor and may be executed by such Registered Owners, Security Instrument
Issuers or Reserve Instrument Providers in person or by agent appointed in writing. Proof of the
execution of any such consent, request, direction, approval, objection or other instrument or of the
writing appointing any such agent and of the ownership of Bonds, if made in the following manner,
shall be sufficient for any of the purposes hereof, and shall be conclusive in favor of the Trustee
with regard to any action taken under such request or other instrument, namely, the fact and date
of the execution by any person of any such writing may be proved by the certificate of any officer
in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that
the person signing such writing acknowledged before him the execution thereof, or by affidavit of
any witness to such execution.
Section 11.2 Limitation of Rights. With the exception of rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Indenture or the Bonds is
intended or shall be construed to give to any person other than the parties hereto, the Registered
Owners of the Bonds, any Security Instrument Issuer and any Reserve Instrument Provider, any
legal or equitable right, remedy or claim under or in respect hereto or any covenants, conditions
and provisions herein contained, this Indenture and all of the covenants, conditions and provisions
hereof being intended to be and being for the sole and exclusive benefit of the parties hereto, the
Registered Owners of the Bonds, any Security Instrument Issuer and the Reserve Instrument
Providers as herein provided.
Section 11.3 Severability. If any provision hereof shall be held or deemed to be or shall,
in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or in
all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof
or any constitution or statute or rule of public policy, or for any other reason, such circumstances
shall not have the effect of rendering the provision in question inoperative or unenforceable in any
other case or circumstance, or of rendering any other provision or provisions herein contained
invalid, inoperative, or unenforceable to any extent whatever.
The invalidity of any one or more phrases, sentences, clauses or Sections herein contained,
shall not affect the remaining portions hereof, or any part thereof.
Section 11.4 Notices. It shall be sufficient service of any notice, request, complaint,
demand or other paper on the Issuer if the same shall be duly mailed by registered or certified mail
to 2001 South State Street, Suite N4-200, Attention: County Clerk, or to such address as the Issuer
may from time to time file with the Trustee. It shall be sufficient service of any notice or other
paper on the Trustee if the same shall be duly mailed by registered or certified mail addressed to
it at Zions Bancorporation, National Association, 7860 South Bingham Junction Blvd, Midvale,
4913-9078-4135, v. 5
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Page 170 of 192
Utah 84047, Attention: Corporate Trust Department; or to such other address as the Trustee may
from time to time file with the Issuer.
Section 11.5 Trustee as Paying Agent and Registrar. The Trustee is hereby designated
and agrees to act as principal Paying Agent and Bond Registrar for and in respect to the Bonds.
Section 11.6 Counterparts. This Indenture may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 11.7 Applicable Law. This Indenture shall be governed exclusively by the
applicable laws of the State.
Section 11.8 Immunity of Officers and Directors. No recourse shall be had for the
payment of the Principal of or premium or interest on any of the Bonds or for any claim based
thereon or upon any obligation, covenant or agreement herein contained against any past, present
or future officer, or other public official, employee, or agent of the Issuer.
Section 11.9 Holidays. If any date for the payment of Principal of or interest on the
Bonds is not a Business Day, then such payment shall be due on the first Business Day thereafter
and no interest shall accrue for the period between such date and such first Business Day thereafter.
Section 11.10 Effective Date. This Indenture shall become effective immediately.
Section 11.11 Compliance with Act. It is hereby declared by the Issuer’s Governing Body
that it is the intention of the Issuer by the execution of this Indenture to comply in all respects with
the provisions of the Act.
4913-9078-4135, v. 5
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Page 171 of 192
IN WITNESS WHEREOF, the parties hereto have caused this Indenture to be executed as
of the date first written above.
SALT LAKE COUNTY, UTAH, as Issuer
(SEAL)
Deputy Mayor/Chief Financial Officer
ATTEST:
County Clerk
ZIONS BANCORPORATION, NATIONAL
ASSOCIATION, as Trustee
By:
Trust Officer
S-1
GENERAL INDENTURE OF TRUST
Page 172 of 192
EXHIBIT A
FORM OF REQUISITION
RE:
Salt Lake County, Utah [Taxable] Transient Room Tax Revenue [Refunding] Bonds,
Series _______ in the sum of $__________
Zions Bancorporation, National Association
7860 South Bingham Junction Blvd.
Midvale, Utah 84047
Attention: Corporate Trust Department
You are hereby authorized to disburse from the 20_____ Account of the Construction Fund
with regard to the above-referenced bond issue the following:
REQUISITION NUMBER: ____________________
NAME AND ADDRESS OF PAYEE:
____________________________________
____________________________________
____________________________________
AMOUNT: $___________________
PURPOSE FOR WHICH EXPENSE HAS BEEN INCURRED: _________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Each obligation, item of cost, or expense mentioned herein has been properly incurred, is a
proper charge against the 20_____ Account of the Construction Fund based upon audited,
itemized claims substantiated in support thereof, and has not been the basis for a previous
withdrawal.
DATED: ________________
4913-9078-4135, v. 5
____________________________________
Authorized Representative
A-1
Page 173 of 192
Salt Lake City, Utah
September 29, 2026
The County Council (“Council”) of Salt Lake County, Utah, met in regular public session
on September 29, 2026, at its regular meeting place in Salt Lake City, Utah at 1:30 p.m. with the
following members of the Council present:
Aimee Winder Newton
Suzanne Harrison
Jiro Johnson
Carlos Moreno
Natalie Pinkney
Ross Romero
Sheldon Stewart
Laurie Stringham
Dea Theodore
Chairperson
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Also present:
Jennifer Wilson
Darrin Casper
Lannie Chapman
County Mayor
Deputy Mayor of Finance and CFO
County Clerk
Absent:
After the meeting had been duly called to order and after other matters not pertinent to this
resolution had been discussed, the County Clerk presented to the Council a Certificate of
Compliance with Open Meeting Law with respect to this September 29, 2026, meeting, a copy of
which is attached hereto as Exhibit A.
The following resolution was then introduced in written form, was fully discussed, and
pursuant to motion duly made by Councilmember __________ and seconded by Councilmember
___________, was adopted by the following vote:
The resolution was then signed by the Chair and recorded in the official records of the
Council. The resolution is as follows:
Page 174 of 192
RESOLUTION NO. _____
A RESOLUTION OF THE COUNTY COUNCIL OF SALT LAKE COUNTY,
UTAH, (THE “COUNTY”) AMENDING A RESOLUTION WHICH
PREVIOUSLY AUTHORIZED THE ISSUANCE AND SALE OF THE
COUNTY’S TRANSIENT ROOM TAX REVENUE BONDS, SERIES 2026
(THE “SERIES 2026 BONDS”), BY ADDING TO THE SECURITY FOR THE
SERIES 2026 BONDS WITH A COVENANT TO REQUEST APPROPRIATION
FROM THE COUNTY’S LEGALLY AVAILABLE MONEYS TO THE
PAYMENT OF THE SERIES 2026 BONDS; PROVIDING FOR THE
PUBLICATION OF A NOTICE OF PUBLIC HEARING AND BONDS TO BE
ISSUED; AUTHORIZING AND APPROVING A GENERAL INDENTURE;
AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO
THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY
THIS RESOLUTION; AND RELATED MATTERS.
WHEREAS, the County Council (the “Council”) of Salt Lake County, Utah (the “County”)
previously adopted a resolution on September 15, 2026 (the “Parameters Resolution”) which
authorized the issuance and sale of not more than $375,000,000 aggregate principal amount of
Transient Room Tax Sales Tax Revenue Bonds Series 2026 (the “Series 2026 Bonds”) and fixed
certain maximum parameters for the Series 2026 Bonds in order to (a) finance the cost of acquiring,
remodeling, and/or constructing various buildings and transportation infrastructure for tourism
purposes and related purchases, renovations and or capital projects (collectively, the “Series 2026
Project”), (b) fund any required deposit to a debt service reserve fund, and (c) pay costs of issuance
with respect to the Series 2026 Bonds; and
WHEREAS, the County desires to add to the security of the Series 2026 Bonds and all
other Bonds (as defined in the hereinafter General Indenture) issued pursuant to the General
Indenture which shall include a covenant by the County to pledge any of its legally available
moneys appropriated by the Council (the “Additional Security”) to the payment of the Series 2026
Bonds and all other Bonds in the event that the Revenues (as defined in the General Indenture) are
insufficient therefor; and
WHEREAS, pursuant to the Parameters Resolution and the Local Government Bonding
Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended, (the “Act”) the County
previously authorized and approved a form of General Indenture of Trust (the “General Indenture”)
to be entered into in connection with the issuance of the Series 2026, and the County desires to
add a covenant to the General Indenture to include the Additional Security a form of which General
Indenture is attached hereto as Exhibit C; and
WHEREAS, the Act provides that prior to issuing bonds for project purposes, an issuing
entity must (a) give notice of its intent to issue such Bonds and (b) hold a public hearing to receive
input from the public with respect to (i) the issuance of the Series 2026 Bonds and (ii) the potential
economic impact that the improvement, facility or property for which the Series 2026 Bonds pay
all or part of the cost will have on the private sector (collectively, the “Publication Procedures”);
and
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Page 175 of 192
WHEREAS, the County previously authorized compliance with the Publication
Procedures, but due to the addition of the Additional Security to the General Indenture, the County
desires to authorize the recommencement of the Publication Procedures to provide notice to the
public and allow the public to provide input with respect to the issuance of the Series 2026 Bonds;
and
WHEREAS, as part of the recommencement of the Publication Procedures, the County
desires to hold a public hearing for this purpose and authorize publication of a notice of such
hearing with respect to the Series 2026 Bonds, and to further authorize the publication of a notice
of bonds to be issued, in compliance with the Act; and
WHEREAS, pursuant to Sections 11-14-316, and 11-14-318 of the Act, the Notice of
Public Hearing and Bonds to be Issued attached as Exhibit B, which is revised from the Parameters
Resolution to include the Additional Security, when posted (a) shall constitute the notice of intent
to issue bonds and (b) re-initiates a 30-day contestability period in which any person of interest
may contest the issuance of the Series 2026 Bonds; and
WHEREAS, the Council desires to ratify and approve all prior authorizations,
designations, and approvals given in the Parameters Resolution; and
NOW, THEREFORE BE IT RESOLVED by the County Council of Salt Lake County,
Utah, as follows:
Section 1.
The provision for the Additional Security for the repayment of the Series
2026 Bonds and all Bonds issued under the General Indenture is hereby authorized and approved.
Section 2.
The General Indenture in substantially the form presented to this meeting
and attached hereto as Exhibit C, is hereby authorized, approved, and confirmed. The Mayor
(together with any Deputy Mayor, the “Mayor”) and County Clerk (together with any deputy
County Clerk, the “County Clerk”) are hereby authorized to execute and deliver the General
Indenture in substantially the form and with substantially the content as the form presented at this
meeting for and on behalf of the County, with final terms as may be established by the Designated
Officers (as set forth and defined in the Parameters Resolution) within the parameters set forth in
the Parameters Resolution and with such alterations, changes or additions as may be necessary or
as may be authorized therein and herein.
Section 3.
In accordance with the provisions of the Act, the County directs its officers
and staff to modify and cause a modified “Notice of Public Hearing and Bonds to be Issued” (the
“Notice”), to be published in substantially the form attached hereto as Exhibit B. The County shall
hold a public hearing on October 20, 2026 to receive input from the public with respect to the
issuance of the Series 2026 Bonds and the potential economic impact that the improvements to be
financed with the proceeds of the Series 2026 Bonds will have on the private sector, which hearing
date shall not be less than fourteen (14) days after the Notice is published (a) as a Class A notice
under Section 63G-30-102 Utah Code Annotated 1953, as amended (“Utah Code”) (i) on the Utah
Public Notice Website created under Section 63A-16-601, Utah Code, (ii) on the County’s official
website, and (iii) in a public location within the County that is reasonably likely to be seen by
residents of the County and (b) as required in Section 45-1-101, Utah Code. The County Clerk
4899-3654-6515, v. 2
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Page 176 of 192
shall cause a copy of this Resolution (the “Resolution”) (together with all exhibits hereto) to be
kept on file in the office of the County Clerk, for public examination during the regular business
hours of the County until at least thirty (30) days from and after the initial date of publication
thereof.
Section 4.
The County hereby reserves the right to opt not to issue the Series 2026
Bonds for any reason.
Section 5.
The County hereby ratifies and approves the Parameters Resolution and all
prior actions, approvals and designations made thereunder except as modified by this Resolution
and all other provisions of the Parameters Resolution not modified by this Resolution shall remain
in full force and effect.
Section 6.
All resolutions or parts thereof in conflict herewith are, to the extent of such
conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its
approval and adoption.
4899-3654-6515, v. 2
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Page 177 of 192
APPROVED AND ADOPTED this SEPTEMBER 29, 2026.
SALT LAKE COUNTY COUNCIL
(SEAL)
By:
Chair
ATTEST
County Clerk
APPROVED AS TO FORM
Digitally signed by Helen
Helen Schroeder Schroeder
Date: 2026.09.25 09:37:02 -06'00'
_______________________________________
Deputy District Attorney
5
Page 178 of 192
(Other business not pertinent to the foregoing appears in the minutes of the meeting.)
Upon the conclusion of all business on the Agenda, the meeting was adjourned.
SALT LAKE COUNTY COUNCIL
[SEAL]
By:
Chair
ATTEST
County Clerk
4899-3654-6515, v. 2
6
Page 179 of 192
STATE OF UTAH
COUNTY OF SALT LAKE
)
: ss.
)
I, __________, the undersigned Deputy County Clerk of Salt Lake County, Utah (the
“County”), do hereby certify according to the records of the County in my official possession that
the foregoing constitutes a true and correct excerpt of the minutes of the meeting of the County
Council of the County held on September 29, 2026, including a resolution (the “Resolution”)
adopted at said meeting and said minutes and Resolution are officially of record in my possession.
I further certify that the Resolution, with all exhibits attached, was deposited in my office
on September 29, 2026, and pursuant to the Resolution, a revised Notice of Public Hearing and
Bonds to be Issued will be published no less than fourteen (14) days before the public hearing date
(a) as a Class A notice under Section 63G-30-102 Utah Code Annotated 1953, as amended (“Utah
Code”) (i) on the Utah Public Notice Website created under Section 63A-16-601, Utah Code, (ii)
on the County’s official website, and (iii) in a public location within the County that is reasonably
likely to be seen by residents of the County and (b) as required by Section 45-1-101, Utah Code..
IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon
the official seal of said County, this September 29, 2026.
(SEAL)
By:
4899-3654-6515, v. 2
Deputy County Clerk
7
Page 180 of 192
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH
OPEN MEETING LAW
I, __________, the undersigned County Clerk of Salt Lake County, Utah (the “County”),
do hereby certify, according to the records of the County in my official possession, and upon my
own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah
Code Annotated 1953, as amended (“Utah Code”), I gave not less than twenty-four (24) hours
public notice (the “Notice”) of the agenda, date, time and place of the September 29, 2026, public
meeting held by the County Council of the County (the “County Council”), by causing the Notice,
in the form attached hereto as Schedule 1:
(i)
to be posted at the County’s principal offices 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;
(ii)
to be posted to the Utah Public Notice Website (https://www.utah.gov/pmn/) at
least twenty-four (24) hours prior to the convening of the meeting; and
(iii) to be posted on the County’s official website at least twenty-four (24) hours prior
to the convening of the meeting.
In addition, the Notice of 2026 Annual Meeting Schedule for the County Council (attached
hereto as Schedule 2) was given specifying the date, time and place of the regular meetings of the
County Council to be held during the year, by causing said Notice to be posted at least annually
(a) on the Utah Public Notice Website, (b) on the County’s official website, and (c) in a public
location within the County that is reasonably likely to be seen by residents of the County.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
September 29, 2026.
By:
To be attached:
SCHEDULE 1 -- NOTICE OF MEETING
SCHEDULE 2 -ANNUAL MEETING SCHEDULE
Deputy County Clerk
A-1
Page 181 of 192
EXHIBIT B
NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED
NOTICE IS HEREBY GIVEN pursuant to the provisions of the Local Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the “Act”), that on
September 15, 2026, and September 29, 2026 the County Council (the “County Council”) of Salt
Lake County, Utah (the “Issuer”), adopted resolutions (collectively, the “Resolution”) authorizing
the issuance of the Issuer’s Transient Room Tax Revenue Bonds, Series 2026 (the “Bonds”), to be
issued in one or more series and with such other series or title designation(s) as may be determined
by the Issuer, and called a public hearing to receive input from the public with respect to the
issuance of the Bonds.
PURPOSE, TIME, PLACE AND LOCATION OF PUBLIC HEARING
The Issuer shall hold a public hearing on October 20, 2026 at the hour of 1:30 p.m. in the
Council Chambers, Room N1-110 at the Salt Lake County Government Center, 2001 So. State
Street, Salt Lake City, Utah. The purpose of the hearing is to receive input from the public with
respect to (a) the issuance of the Bonds and (b) any potential economic impact that the project to
be financed with the proceeds of the Bonds may have on the private sector. All members of the
public are invited to attend and participate.
PURPOSE FOR ISSUING THE BONDS
The Bonds will be issued for the purpose of (a) financing the cost of acquiring, remodeling,
and/or constructing various buildings and transportation infrastructure for tourism purposes and
related purchases, renovations and or capital projects (collectively, the “Project”), (b) funding any
required deposit to a debt service reserve fund, and (c) paying costs of issuance with respect to the
Bonds.
PARAMETERS OF THE BONDS
The Issuer intends to issue the Bonds in the aggregate principal amount of not more than
Three Hundred Seventy Five Million Dollars ($375,000,000), to mature in not more than thirtysix (36) years from their date or dates, to be sold at a price of not less than ninety-seven percent
(97%) of the total principal amount thereof, and to bear interest at a rate or rates not to exceed
seven percent (7.0%) per annum. The Bonds are to be issued and sold by the Issuer pursuant to
the Resolution, including as part of said Resolution a General Indenture of Trust and a
Supplemental Indenture of Trust (together, the “Indenture”), which were before the Council in
substantially final form at the time of the adoption of the Resolution.
REVENUES PROPOSED TO BE PLEDGED
The Bonds are special, limited obligations of the Issuer payable from all or any portion of
the revenues produced by the transient room tax revenues, convention center hotel fees and
pledged highway funds received by the Issuer and legally permitted to be used for the Project (the
“Revenues”). Additionally, in the event that Revenues are insufficient to pay the Bonds, the Issuer
has agreed to consider appropriating other legally available moneys for the payment of the Bonds.
B-1
Page 182 of 192
OUTSTANDING BONDS SECURED BY REVENUES
The Issuer currently has no bonds outstanding secured by the Revenues.
OTHER OUTSTANDING BONDS OF THE ISSUER
Additional information regarding the Issuer’s outstanding bonds may be found in the
Issuer’s
financial
report
(the
“Financial
Report”)
at:
https://reporting.auditor.utah.gov/searchreports/s/. For additional information, including any
information more recent than as of the date of the Financial Report, please contact the office of the
Issuer’s Chief Financial Officer at (385) 468-7075.
TOTAL ESTIMATED COST OF BONDS
Based on an estimate of the current interest rate and financing plan, the estimated total debt
service cost of the Bonds, if held until maturity is $443,123,347.69.
A copy of the Resolution and the Indenture are on file at the County Clerk’s office (Room
N2-700) in the Salt Lake County Government Center, 2001 So. State Street, Salt Lake City, Utah,
where they may be examined during regular business hours from 8:00 a.m. to 5:00 p.m. Monday
through Friday, for a period of at least 30 days from and after the date of posting of this notice.
NOTICE IS FURTHER GIVEN that a period of 30 days from and after the date of the
publication of this notice is provided by law during which any person in interest shall have the
right to contest the legality of the Resolution, the Indenture (but only as it relates to the Bonds), or
the Bonds, or any provision made for the security and payment of the Bonds, and that after such
time, no one shall have any cause of action to contest the regularity, formality, or legality thereof
for any cause whatsoever.
DATED this September 29, 2026.
County Clerk, Salt Lake County
4899-3654-6515, v. 2
B-2
Page 183 of 192
EXHIBIT C
FORM OF
GENERAL INDENTURE
C-1
Page 184 of 192
SALT LAKE COUNTY
2001 So. State Street
Salt Lake City, Utah 84114
Agenda Item
Item ID: 26-933
Requested Agenda Date:
9/29/2026
Requested Agenda Title:
Final Adoption of an Ordinance of the Legislative Body of Salt Lake County, Utah, Amending
Section 9.90.025 of the Salt Lake County Code to replace the 2006 Utah Wildland Urban
Interface Code with the 2024 International Wildland Urban Interface Code.
Requested Agenda Item Description:
H.B. 41, passed by the Utah Legislature in 2026, has amended section 15A-2-103 of the Utah
Code to specify that the 2024 edition of the International Wildland Urban Interface Code is the
edition adopted by the State of Utah. This ordinance amendment is to keep Salt Lake County
code aligned with state code.
Requested Action: Discussion - Vote Needed
Presenter(s) with Titles: Brian Tucker, MSD Planning Manager
Time Needed: 5 minutes
Is this Item Time-Sensitive and/or Requesting a Time-Certain? No
Requesting Staff Member:
Ryan Anderson
Attachments:
WUI Ordinance_legislative format_RAFL
OAM2026-001644 WUI Staff Report
Page 185 of 192
SALT LAKE COUNTY
ORDINANCE
ORDINANCE NO.
, 2026
ADOPTION OF THE CURRENT WILDLAND-URBAN
INTERFACE CODE
AN ORDINANCE ADOPTING THE 2024 WILDLAND-URBAN INTERFACE
CODE INTO THE SALT LAKE COUNTY CODE OF ORDINANCES
The County legislative body of Salt Lake County, State of Utah, ordains as follows:
SECTION I: The amendments made here are designated by underlining the new substituted
words. Words being deleted are designated by brackets and interlineations.
9.90.025 Wildland-Urban Interface Code (WUI).
A.
Adoption of WUI. The 2024 edition of the International Wildland-Urban Interface Code[Utah
Wildland-Urban Interface Code, 2006 Edition], published by the International Code Council,
together with Appendices A through D and any future amendments adopted by the county
legislative body, is hereby adopted as the Wildland-Urban Interface Code of Salt Lake County
("Wildland-Urban Interface Code") for the regulation and governance of the mitigation of hazard
to life and property from the intrusion of wildland exposure, fire from adjacent structures, and
prevention of structure fires from spreading to wildland fuels in unincorporated Salt Lake County.
B.
Incorporation of WUI. 2024 edition of the International Wildland-Urban Interface Code [Utah
Wildland-Urban Interface Code, 2006 Edition], published by the International Code Council,
together with Appendices A through D and any future amendments thereto adopted by the county
legislative body are incorporated as a part of this section.
C.
WUI Code Official. The code official specified in the Wildland-Urban Interface Code shall be the
Director of the Greater Salt Lake Municipal Services District Planning and Development Services
Division, subject to the direction of the mayor at the mayor's discretion.
Page 186 of 192
D.
WUI Appeal Authority. The appeal authority specified in the Wildland-Urban Interface Code
shall be as follows: 1) to the extent appeals are from decisions implementing WUI as a
construction code, the appeal authority shall be the board of appeal referenced in the International
Building Code; 2) for all other appeals from decisions implementing WUI, the appeal authority
shall be the land use hearing officer referenced in Salt Lake County Code Chapter 19.92.
E.
Permits for Creating and Maintaining Defensible Space. No permit is required to create or
maintain defensible space that the Wildland-Urban Interface Code requires. However, to the
extent creation or maintaining defensible space results in removal of more vegetation than is
required by WUI, the person responsible for such removal is subject to the applicable
requirements and penalties of Salt Lake County Code section 19.72.110.
F.
Defensible Space Near Streams. Defensible space shall not be created or maintained within fifty
feet of the ordinary high-water mark of an ephemeral or perennial stream as defined in Salt Lake
County Foothills and Canyons Overlay Zone.
G.
Inconsistencies Between WUI and Salt Lake County Code. If there are any inconsistencies
between the Wildland Urban interface Code and the Salt Lake County Code, the more restrictive
provision shall apply.
SECTION III: This ordinance shall take effect fifteen (15) days after its passage and upon at least
one publication in a newspaper published in and having general circulation in Salt Lake County, and if
not so published within fifteen (15) days then it shall take effect immediately upon its first publication.
IN WITNESS WHEREOF, the Salt Lake County Council has approved, passed and adopted this
ordinance this
day of
, 2026.
SALT LAKE COUNTY COUNCIL
By:
Chair
Salt Lake County Council
______
Page 187 of 192
ATTESTED:
___________________________________
Lannie Chapman, County Clerk
Reviewed as to Form & Legality:
Zachary
D. Shaw
Digitally signed by
Zachary D. Shaw
Date: 2026.09.15
09:50:00 -06'00'
Zachary Shaw
Deputy District Attorney
ORDINANCE HISTORY
Council Member Harrison
Council Member Pinckney
Council Member Theodore
Council Member Moreno
Council Member Stringham
Council Member Winder Newton
Council Member Stewart
Council Member Johnson
Council Member Romero
________
________
________
________
________
________
________
________
_________
Vetoed and dated this ______ day of ______________________, 2026.
By
Mayor Jennifer Wilson or Designee
(Complete As Applicable)
Veto override: Yes__ No__ Date
Ordinance published in newspaper: Date
Effective date of ordinance:
Page 188 of 192
SUMMARY OF
SALT LAKE COUNTY ORDINANCE NO. ___________
On the _____ day of ________________, 2026, the County Council of Sat Lake County
adopted Ordinance No. _____________, which adopts the 2024 Wildland-Urban Interface Code into
the Salt Lake County Code of Ordinances.
SALT LAKE COUNTY COUNCIL
By:
Chair
Salt Lake County Council
ATTESTED:
___________________________________
Lannie Chapman, County Clerk
Reviewed as to Form & Legality:
Zachary D.
Shaw
Digitally signed by
Zachary D. Shaw
Date: 2026.09.15
09:50:27 -06'00'
Zachary Shaw
Deputy District Attorney
Date:
ORDINANCE HISTORY
Council Member Harrison
Council Member Pinckney
Council Member Theodore
Council Member Moreno
Council Member Stringham
Council Member Winder Newton
Council Member Stewart
Council Member Johnson
Council Member Romero
________
________
________
________
________
________
________
________
_________
A complete copy of Ordinance No. ______ is available in the office of the Salt Lake County
Clerk, 2001 South State Street, N2100A, Salt Lake City, Utah.
Page 189 of 192
Ordinance Amendment
Meeting Body: Salt Lake County
Council
Meeting Dates: September 22,
2026
File Number & Project Type:
PROJECT DESCRIPTION
H.B. 41, passed by the Utah Legislature in 2026, has amended 15A-2-103
of the Utah Code to specify that the 2024 edition of the International
Wildland-Urban Interface Code is the edition adopted by the State of
Utah. This ordinance amendment is to keep Salt Lake County Code in line
with state code.
OAM2026-001644
Amending 9.90.025 of the Salt
Lake County Code to replace the
2006 Utah Wildland Urban
Interface Code with the 2024
International Wildland Urban
Interface Code.
Planner:
No public comments have been received as of the completion of this staff
report. Any comments that are received will be forwarded to the Salt Lake
County Council for review and will be summarized at the Council’s public
hearing on September 29th.
ANALYSIS AND RECOMMENDATION
Analysis and Summary:
Brian Tucker
Key Findings:
•
PUBLIC INPUT
HB41 (2026 general session)
requires all municipalities to
adopt this code.
Staff Recommendation:
Approved the attached
ordinance.
Exhibits:
A. Proposed ordinance
The 2024 edition of the International Wildland-Urban Interface Code
(IWUIC) has been adopted by the State of Utah as being adopted and
endorsed by the International Code Council. As a more up to date version
of the code, the 2024 IWUIC acknowledges the use of currently available
fire-resistant construction techniques and materials. The Fire Hazard
Severity Assessment Form (found in Appendix “C”) has been simplified
but is largely the same as prior versions of the code.
Recommendation:
Planning Staff recommends that the Council adopt the attached
ordinance.
PLANNING COMMISSION RECOMMENDATIONS:
On July 15, 2026, after having held a public hearing, the Salt Lake County
Planning Commission recommended that the Salt Lake County Council
adopt the attached ordinance.
On July 16, 2026, after having held a public hearing, the Mountainous
Planning District Planning Commission recommended that the Salt Lake
County Council adopt the attached ordinance.
COUNCIL OPTIONS:
Ordinance amendment application: OAM2026-001644
Date: August 25, 2026 | Page 1 of 3
Page 190 of 192
As the legislative body, the Council commission has the following options:
1. Approve: Approve application OAM2025-001539 to amend Title 9 of the Salt Lake County code
as proposed. Staff Recommendation
2. Approval with changes: Approve application OAM2025-001539 to amend Title 9 of the Salt Lake
County code with the following changes:
a. …
3. Denial: Deny application OAM2025-001539 to amend Title 9 of the Salt Lake County code as
proposed.
Ordinance amendment application: OAM2026-001644
Date: August 25, 2026 | Page 2 of 3
Page 191 of 192
Exhibit A
9.90.025 Wildland-Urban Interface Code (WUI).
A.
Adoption of WUI. The 2024 edition of the International Wildland-Urban Interface
Code[Utah Wildland-Urban Interface Code, 2006 Edition], published by the International
Code Council, together with Appendices A through D and any future amendments
adopted by the county legislative body, is hereby adopted as the Wildland-Urban Interface
Code of Salt Lake County ("Wildland-Urban Interface Code") for the regulation and
governance of the mitigation of hazard to life and property from the intrusion of wildland
exposure, fire from adjacent structures, and prevention of structure fires from spreading
to wildland fuels in unincorporated Salt Lake County.
B.
Incorporation of WUI. 2024 edition of the International Wildland-Urban Interface Code
[Utah Wildland-Urban Interface Code, 2006 Edition], published by the International Code
Council, together with Appendices A through D and any future amendments thereto
adopted by the county legislative body are incorporated as a part of this section.
C.
WUI Code Official. The code official specified in the Wildland-Urban Interface Code shall be
the Director of the Greater Salt Lake Municipal Services District Planning and Development
Services Division, subject to the direction of the mayor at the mayor's discretion.
D.
WUI Appeal Authority. The appeal authority specified in the Wildland-Urban Interface
Code shall be as follows: 1) to the extent appeals are from decisions implementing WUI as
a construction code, the appeal authority shall be the board of appeal referenced in the
International Building Code; 2) for all other appeals from decisions implementing WUI, the
appeal authority shall be the land use hearing officer referenced in Salt Lake County Code
Chapter 19.92.
E.
Permits for Creating and Maintaining Defensible Space. No permit is required to create or
maintain defensible space that the Wildland-Urban Interface Code requires. However, to
the extent creation or maintaining defensible space results in removal of more vegetation
than is required by WUI, the person responsible for such removal is subject to the
applicable requirements and penalties of Salt Lake County Code section 19.72.110.
F.
Defensible Space Near Streams. Defensible space shall not be created or maintained within
fifty feet of the ordinary high-water mark of an ephemeral or perennial stream as defined
in Salt Lake County Foothills and Canyons Overlay Zone.
G.
Inconsistencies Between WUI and Salt Lake County Code. If there are any inconsistencies
between the Wildland Urban interface Code and the Salt Lake County Code, the more
restrictive provision shall apply.
Ordinance amendment application: OAM2026-001644
Date: August 25, 2026 | Page 3 of 3
Page 192 of 192
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- Agenda Watch · Sep 25, 2026
Permanent ID DKT-2026-003122 — this record is never deleted.
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- Sep 25, 2026 Filed on the Docket
- Sep 25, 2026 Full document archived — public record
- Sep 30, 2026 Record updated
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