HomeMy Public PortalAboutPKT-CC-2021-03-23MARCH 23, 2021
PRE -COUNCIL WORKSHOP 6:00 P.M.
REGULAR MEETING 7:00 P.M.
Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code
Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written
determinations supporting the decision to convene electronic meetings of the
Council without a physical anchor location. Due to the health and safety risks
related to the ongoing COVID -19 pandemic and considering public health orders
limiting in -person gatherings, the Moab City Council will continue to hold
meetings by electronic means. The public is invited and encouraged to view and
participate in the Council ’s electronic meetings by viewing the City ’s YouTube
channel: https://www.youtube.com/MoabCityGovernment
Pre -Council Workshop -6:00 pm
Moab and Spanish Valley Regional Transportation Plan Discussion
https://storymaps.arcgis.com/stories/c88e2a05a7e64d2ea5a646041d4e7975
moab and spanish valley regional transportation plan.pdf
Regular City Council Meeting -7:00 p.m.
Call to Order and Roll Call Attendance
Citizens to Be Heard
We are receiving public comments by phone and online through
Zoom. Citizens are limited to two (2) minutes for comments.
Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if
needed): 184220
Link: https://us02web.zoom.us/j/83364357424?
pwd=c2jxuwt6dmfsy090thptqng2oevpdz09
Please note that when joining the meeting, you will be placed in
a waiting room and will be added to the meeting by the
moderator. Your comments will be recorded and on YouTube.
To have your written comments considered for the Citizens to
Be Heard portion of the electronic meeting, please fill out the
form found here: https://bit.ly/citizenstobeheard
You must submit your comments by 7:00 PM on the date of the
meeting. Please limit your comments to 400 words.
Public Hearing
We are receiving public comments by phone and online through Zoom.
Citizens are limited to two (2) minutes for comments.
Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if
needed): 184220
Link:https://us02web.zoom.us/j/83364357424?
pwd=c2jxuwt6dmfsy090thptqng2oevpdz09
Please note that when joining the meeting, you will be placed in a
waiting room and will be added to the meeting by the moderator. Your
comments will be recorded and on YouTube.
To have your written comments considered for the public hearing
portion of the electronic meeting, please fill out the form found
here: https://bit.ly/publiccommentform
You must submit your comments by 7:00 PM on the date of the
meeting. Please limit your comments to 400 words.
Public Hearing to Allow Public Input Regarding (A) the Issuance and Sale of Not
More Than $7,000,000 Aggregate Principal Amount of Wastewater and Water
Revenue Bonds, Series 2021; (B) Any Potential Economic Impact that the Project
Described Herein to be Financed with the Proceeds of the Bonds Issued Under the
Act May Have on the Private Sector; and All Related Matters
resolution 03 -2021 - parameters resolution moab city water
and wastewater revenue 2021 (full).pdf
Public Hearing To Allow Public Input Regarding (A) The Issuance And Sale Of Not
More Than $8,500,000 Aggregate Principal Amount Of Sales Tax Revenue And
Refunding Bonds, Series 2021; (B) Any Potential Economic Impact That The
Project Described Herein To Be Financed With The Proceeds Of The Bonds Issued
Under The Act May Have On The Private Sector; And All Related Matters
resolution 04 -2021 parameters resolution moab sales tax rev
2021.pdf
Administrative Reports
City Manager Updates
COVID -19 Updates
Mayor and Council Reports
Approval of Minutes
Minutes: March 9, 2021, Regular Meeting
min -cc -2021 -03 -09 draft.pdf
Minutes; March 10, 2021, Special Meeting
min -cc -2021 -03 -10 draft.pdf
Minutes: March 11, 2021, Special Meeting
min -cc -2021 -03 -11 draft.pdf
Old Business
Reconsideration of an Interlocal Agreement by and between the City of Moab and
Grand County with respect to joint planning for and funding of the technical
planning assistance program funds cooperative agreement
Discussion and possible action
2021 03 -23 ila agenda summary.pdf
interlocal agreement with respect to joint planning and funding
of the technical planning assistance program funds.pdf
New Business
Proposed Resolution 09 -2021: A Resolution Confirming the Appointment of Ben
Billingsley as the City Finance Director and Authorizing the Mayor to Execute an
Employment Agreement
Briefing and possible action
agenda summary resolution 09 -2021.pdf
resolution 09 -2021 finance director appointment.pdf
finance director 2021 -1.pdf
Proposed Resolution 06 -2021: A Resolution Approving the Townhome Plat
Application for the 3rd Street Townhomes, property located at 116 South 300
East, Moab UT 84532
Briefing and possible action
3rd street townhomes plat cc agenda summary 032321.pdf
exhibit 1 draft planning resolution 06 -2021 3rd street townhome
plat 032321.pdf
exhibit 2 vicinity map 3rd street townhomes.pdf
exhibit 3 recorded county plat 3rd street townhomes.pdf
exhibit 4 draft survey plat 3rd street townhomes.pdf
Proposed Ordinance 2021 -04: A Text Amendment Removing Chapter 17.74
“Noise ” From Title 17 “Zoning ” of the Moab Municipal Code (“MMC ”) and
Relocating the Noise Provisions to Title 8 “Health And Safety ” by Creating
Section 8.24 of Title 8 “Health And Safety ”
Briefing and possible action
agenda summary ordinance 2021 -04.pdf
ordinance 2021 -04 .pdf
Proposed Ordinance No. 2021 -05: An Ordinance Defining the Point in Time at
Which the City Of Moab Formally Initiates Proceedings to Amend Its Land Use
Regulations
Briefing and possible action
agenda summary ordinance 2021 -05.pdf
ordinance 2021 -05.pdf
Proposed Resolution 07 -2021: A Resolution Expressing Support for Pursuing the
Funding for and Construction of Future Phases of the Colorado River Pathway
Located in Grand County, Utah
Briefing and possible action
agenda summary resolution 07 -2021.pdf
resolution 07 -2021 supporting the colorado river pathway.pdf
attachment 2 -map of the north moab recreation areas
alternative transportation system.pdf
attachment 3 -colorado riverway path phase iv pictures.pdf
Proposed Resolution 08 -2021: A Resolution Stating the City of Moab ’s Position
on Highway 191 Bypass Alignment(s), and Support for Pursuing Alternate Tools
for Downtown Main Street Traffic Mitigation
Briefing and possible action
resolution 08 -2021 agenda summary 3 -17 -21.pdf
city bypass and congestion resolution 08 -2021 (draft v4 3 -17 -
21).pdf
Approval of Bills Against the City of Moab
Executive (Closed) Session
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
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MARCH 23, 2021PRE-COUNCIL WORKSHOP 6:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -6:00 pmMoab and Spanish Valley Regional Transportation Plan Discussionhttps://storymaps.arcgis.com/stories/c88e2a05a7e64d2ea5a646041d4e7975moab and spanish valley regional transportation plan.pdfRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if needed): 184220Link: https://us02web.zoom.us/j/83364357424?pwd=c2jxuwt6dmfsy090thptqng2oevpdz09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.
Public Hearing
We are receiving public comments by phone and online through Zoom.
Citizens are limited to two (2) minutes for comments.
Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if
needed): 184220
Link:https://us02web.zoom.us/j/83364357424?
pwd=c2jxuwt6dmfsy090thptqng2oevpdz09
Please note that when joining the meeting, you will be placed in a
waiting room and will be added to the meeting by the moderator. Your
comments will be recorded and on YouTube.
To have your written comments considered for the public hearing
portion of the electronic meeting, please fill out the form found
here: https://bit.ly/publiccommentform
You must submit your comments by 7:00 PM on the date of the
meeting. Please limit your comments to 400 words.
Public Hearing to Allow Public Input Regarding (A) the Issuance and Sale of Not
More Than $7,000,000 Aggregate Principal Amount of Wastewater and Water
Revenue Bonds, Series 2021; (B) Any Potential Economic Impact that the Project
Described Herein to be Financed with the Proceeds of the Bonds Issued Under the
Act May Have on the Private Sector; and All Related Matters
resolution 03 -2021 - parameters resolution moab city water
and wastewater revenue 2021 (full).pdf
Public Hearing To Allow Public Input Regarding (A) The Issuance And Sale Of Not
More Than $8,500,000 Aggregate Principal Amount Of Sales Tax Revenue And
Refunding Bonds, Series 2021; (B) Any Potential Economic Impact That The
Project Described Herein To Be Financed With The Proceeds Of The Bonds Issued
Under The Act May Have On The Private Sector; And All Related Matters
resolution 04 -2021 parameters resolution moab sales tax rev
2021.pdf
Administrative Reports
City Manager Updates
COVID -19 Updates
Mayor and Council Reports
Approval of Minutes
Minutes: March 9, 2021, Regular Meeting
min -cc -2021 -03 -09 draft.pdf
Minutes; March 10, 2021, Special Meeting
min -cc -2021 -03 -10 draft.pdf
Minutes: March 11, 2021, Special Meeting
min -cc -2021 -03 -11 draft.pdf
Old Business
Reconsideration of an Interlocal Agreement by and between the City of Moab and
Grand County with respect to joint planning for and funding of the technical
planning assistance program funds cooperative agreement
Discussion and possible action
2021 03 -23 ila agenda summary.pdf
interlocal agreement with respect to joint planning and funding
of the technical planning assistance program funds.pdf
New Business
Proposed Resolution 09 -2021: A Resolution Confirming the Appointment of Ben
Billingsley as the City Finance Director and Authorizing the Mayor to Execute an
Employment Agreement
Briefing and possible action
agenda summary resolution 09 -2021.pdf
resolution 09 -2021 finance director appointment.pdf
finance director 2021 -1.pdf
Proposed Resolution 06 -2021: A Resolution Approving the Townhome Plat
Application for the 3rd Street Townhomes, property located at 116 South 300
East, Moab UT 84532
Briefing and possible action
3rd street townhomes plat cc agenda summary 032321.pdf
exhibit 1 draft planning resolution 06 -2021 3rd street townhome
plat 032321.pdf
exhibit 2 vicinity map 3rd street townhomes.pdf
exhibit 3 recorded county plat 3rd street townhomes.pdf
exhibit 4 draft survey plat 3rd street townhomes.pdf
Proposed Ordinance 2021 -04: A Text Amendment Removing Chapter 17.74
“Noise ” From Title 17 “Zoning ” of the Moab Municipal Code (“MMC ”) and
Relocating the Noise Provisions to Title 8 “Health And Safety ” by Creating
Section 8.24 of Title 8 “Health And Safety ”
Briefing and possible action
agenda summary ordinance 2021 -04.pdf
ordinance 2021 -04 .pdf
Proposed Ordinance No. 2021 -05: An Ordinance Defining the Point in Time at
Which the City Of Moab Formally Initiates Proceedings to Amend Its Land Use
Regulations
Briefing and possible action
agenda summary ordinance 2021 -05.pdf
ordinance 2021 -05.pdf
Proposed Resolution 07 -2021: A Resolution Expressing Support for Pursuing the
Funding for and Construction of Future Phases of the Colorado River Pathway
Located in Grand County, Utah
Briefing and possible action
agenda summary resolution 07 -2021.pdf
resolution 07 -2021 supporting the colorado river pathway.pdf
attachment 2 -map of the north moab recreation areas
alternative transportation system.pdf
attachment 3 -colorado riverway path phase iv pictures.pdf
Proposed Resolution 08 -2021: A Resolution Stating the City of Moab ’s Position
on Highway 191 Bypass Alignment(s), and Support for Pursuing Alternate Tools
for Downtown Main Street Traffic Mitigation
Briefing and possible action
resolution 08 -2021 agenda summary 3 -17 -21.pdf
city bypass and congestion resolution 08 -2021 (draft v4 3 -17 -
21).pdf
Approval of Bills Against the City of Moab
Executive (Closed) Session
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
1.1.1.Documents:2.2.1.3.
4.
4.1.
Documents:
4.2.
Documents:
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5.1.
5.1.a.
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7.1.
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8.1.
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MARCH 23, 2021PRE-COUNCIL WORKSHOP 6:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -6:00 pmMoab and Spanish Valley Regional Transportation Plan Discussionhttps://storymaps.arcgis.com/stories/c88e2a05a7e64d2ea5a646041d4e7975moab and spanish valley regional transportation plan.pdfRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if needed): 184220Link: https://us02web.zoom.us/j/83364357424?pwd=c2jxuwt6dmfsy090thptqng2oevpdz09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Public HearingWe are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if needed): 184220Link:https://us02web.zoom.us/j/83364357424?pwd=c2jxuwt6dmfsy090thptqng2oevpdz09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentformYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing to Allow Public Input Regarding (A) the Issuance and Sale of Not More Than $7,000,000 Aggregate Principal Amount of Wastewater and Water Revenue Bonds, Series 2021; (B) Any Potential Economic Impact that the Project Described Herein to be Financed with the Proceeds of the Bonds Issued Under the Act May Have on the Private Sector; and All Related Mattersresolution 03 -2021 - parameters resolution moab city water and wastewater revenue 2021 (full).pdfPublic Hearing To Allow Public Input Regarding (A) The Issuance And Sale Of Not More Than $8,500,000 Aggregate Principal Amount Of Sales Tax Revenue And Refunding Bonds, Series 2021; (B) Any Potential Economic Impact That The Project Described Herein To Be Financed With The Proceeds Of The Bonds Issued Under The Act May Have On The Private Sector; And All Related Mattersresolution 04 -2021 parameters resolution moab sales tax rev 2021.pdfAdministrative ReportsCity Manager UpdatesCOVID-19 UpdatesMayor and Council ReportsApproval of MinutesMinutes: March 9, 2021, Regular Meetingmin-cc -2021 -03 -09 draft.pdfMinutes; March 10, 2021, Special Meetingmin-cc -2021 -03 -10 draft.pdf
Minutes: March 11, 2021, Special Meeting
min -cc -2021 -03 -11 draft.pdf
Old Business
Reconsideration of an Interlocal Agreement by and between the City of Moab and
Grand County with respect to joint planning for and funding of the technical
planning assistance program funds cooperative agreement
Discussion and possible action
2021 03 -23 ila agenda summary.pdf
interlocal agreement with respect to joint planning and funding
of the technical planning assistance program funds.pdf
New Business
Proposed Resolution 09 -2021: A Resolution Confirming the Appointment of Ben
Billingsley as the City Finance Director and Authorizing the Mayor to Execute an
Employment Agreement
Briefing and possible action
agenda summary resolution 09 -2021.pdf
resolution 09 -2021 finance director appointment.pdf
finance director 2021 -1.pdf
Proposed Resolution 06 -2021: A Resolution Approving the Townhome Plat
Application for the 3rd Street Townhomes, property located at 116 South 300
East, Moab UT 84532
Briefing and possible action
3rd street townhomes plat cc agenda summary 032321.pdf
exhibit 1 draft planning resolution 06 -2021 3rd street townhome
plat 032321.pdf
exhibit 2 vicinity map 3rd street townhomes.pdf
exhibit 3 recorded county plat 3rd street townhomes.pdf
exhibit 4 draft survey plat 3rd street townhomes.pdf
Proposed Ordinance 2021 -04: A Text Amendment Removing Chapter 17.74
“Noise ” From Title 17 “Zoning ” of the Moab Municipal Code (“MMC ”) and
Relocating the Noise Provisions to Title 8 “Health And Safety ” by Creating
Section 8.24 of Title 8 “Health And Safety ”
Briefing and possible action
agenda summary ordinance 2021 -04.pdf
ordinance 2021 -04 .pdf
Proposed Ordinance No. 2021 -05: An Ordinance Defining the Point in Time at
Which the City Of Moab Formally Initiates Proceedings to Amend Its Land Use
Regulations
Briefing and possible action
agenda summary ordinance 2021 -05.pdf
ordinance 2021 -05.pdf
Proposed Resolution 07 -2021: A Resolution Expressing Support for Pursuing the
Funding for and Construction of Future Phases of the Colorado River Pathway
Located in Grand County, Utah
Briefing and possible action
agenda summary resolution 07 -2021.pdf
resolution 07 -2021 supporting the colorado river pathway.pdf
attachment 2 -map of the north moab recreation areas
alternative transportation system.pdf
attachment 3 -colorado riverway path phase iv pictures.pdf
Proposed Resolution 08 -2021: A Resolution Stating the City of Moab ’s Position
on Highway 191 Bypass Alignment(s), and Support for Pursuing Alternate Tools
for Downtown Main Street Traffic Mitigation
Briefing and possible action
resolution 08 -2021 agenda summary 3 -17 -21.pdf
city bypass and congestion resolution 08 -2021 (draft v4 3 -17 -
21).pdf
Approval of Bills Against the City of Moab
Executive (Closed) Session
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
1.1.1.Documents:2.2.1.3.4.4.1.Documents:4.2.Documents:5.5.1.5.1.a.6.7.7.1.Documents:7.2.Documents:
7.3.
Documents:
8.
8.1.
Documents:
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9.1.
Documents:
9.2.
Documents:
9.3.
Documents:
9.4.
Documents:
9.5.
Documents:
9.6.
Documents:
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11.
11.1.
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MARCH 23, 2021PRE-COUNCIL WORKSHOP 6:00 P.M. REGULAR MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel: https://www.youtube.com/MoabCityGovernmentPre-Council Workshop -6:00 pmMoab and Spanish Valley Regional Transportation Plan Discussionhttps://storymaps.arcgis.com/stories/c88e2a05a7e64d2ea5a646041d4e7975moab and spanish valley regional transportation plan.pdfRegular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceCitizens to Be Heard We are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if needed): 184220Link: https://us02web.zoom.us/j/83364357424?pwd=c2jxuwt6dmfsy090thptqng2oevpdz09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://bit.ly/citizenstobeheardYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Public HearingWe are receiving public comments by phone and online through Zoom. Citizens are limited to two (2) minutes for comments. Dial: 669 -900 -9128 Meeting ID: 833 6435 7424 Passcode (if needed): 184220Link:https://us02web.zoom.us/j/83364357424?pwd=c2jxuwt6dmfsy090thptqng2oevpdz09Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Your comments will be recorded and on YouTube. To have your written comments considered for the public hearing portion of the electronic meeting, please fill out the form found here: https://bit.ly/publiccommentformYou must submit your comments by 7:00 PM on the date of the meeting. Please limit your comments to 400 words.Public Hearing to Allow Public Input Regarding (A) the Issuance and Sale of Not More Than $7,000,000 Aggregate Principal Amount of Wastewater and Water Revenue Bonds, Series 2021; (B) Any Potential Economic Impact that the Project Described Herein to be Financed with the Proceeds of the Bonds Issued Under the Act May Have on the Private Sector; and All Related Mattersresolution 03 -2021 - parameters resolution moab city water and wastewater revenue 2021 (full).pdfPublic Hearing To Allow Public Input Regarding (A) The Issuance And Sale Of Not More Than $8,500,000 Aggregate Principal Amount Of Sales Tax Revenue And Refunding Bonds, Series 2021; (B) Any Potential Economic Impact That The Project Described Herein To Be Financed With The Proceeds Of The Bonds Issued Under The Act May Have On The Private Sector; And All Related Mattersresolution 04 -2021 parameters resolution moab sales tax rev 2021.pdfAdministrative ReportsCity Manager UpdatesCOVID-19 UpdatesMayor and Council ReportsApproval of MinutesMinutes: March 9, 2021, Regular Meetingmin-cc -2021 -03 -09 draft.pdfMinutes; March 10, 2021, Special Meetingmin-cc -2021 -03 -10 draft.pdfMinutes: March 11, 2021, Special Meetingmin-cc -2021 -03 -11 draft.pdfOld BusinessReconsideration of an Interlocal Agreement by and between the City of Moab and Grand County with respect to joint planning for and funding of the technical planning assistance program funds cooperative agreementDiscussion and possible action2021 03 -23 ila agenda summary.pdfinterlocal agreement with respect to joint planning and funding of the technical planning assistance program funds.pdfNew BusinessProposed Resolution 09 -2021: A Resolution Confirming the Appointment of Ben Billingsley as the City Finance Director and Authorizing the Mayor to Execute an Employment AgreementBriefing and possible actionagenda summary resolution 09 -2021.pdfresolution 09 -2021 finance director appointment.pdffinance director 2021 -1.pdfProposed Resolution 06 -2021: A Resolution Approving the Townhome Plat Application for the 3rd Street Townhomes, property located at 116 South 300 East, Moab UT 84532Briefing and possible action3rd street townhomes plat cc agenda summary 032321.pdfexhibit 1 draft planning resolution 06 -2021 3rd street townhome plat 032321.pdfexhibit 2 vicinity map 3rd street townhomes.pdfexhibit 3 recorded county plat 3rd street townhomes.pdfexhibit 4 draft survey plat 3rd street townhomes.pdfProposed Ordinance 2021 -04: A Text Amendment Removing Chapter 17.74 “Noise ” From Title 17 “Zoning ” of the Moab Municipal Code (“MMC ”) and Relocating the Noise Provisions to Title 8 “Health And Safety ” by Creating Section 8.24 of Title 8 “Health And Safety ”Briefing and possible actionagenda summary ordinance 2021 -04.pdfordinance 2021 -04 .pdfProposed Ordinance No. 2021 -05: An Ordinance Defining the Point in Time at Which the City Of Moab Formally Initiates Proceedings to Amend Its Land Use RegulationsBriefing and possible action
agenda summary ordinance 2021 -05.pdf
ordinance 2021 -05.pdf
Proposed Resolution 07 -2021: A Resolution Expressing Support for Pursuing the
Funding for and Construction of Future Phases of the Colorado River Pathway
Located in Grand County, Utah
Briefing and possible action
agenda summary resolution 07 -2021.pdf
resolution 07 -2021 supporting the colorado river pathway.pdf
attachment 2 -map of the north moab recreation areas
alternative transportation system.pdf
attachment 3 -colorado riverway path phase iv pictures.pdf
Proposed Resolution 08 -2021: A Resolution Stating the City of Moab ’s Position
on Highway 191 Bypass Alignment(s), and Support for Pursuing Alternate Tools
for Downtown Main Street Traffic Mitigation
Briefing and possible action
resolution 08 -2021 agenda summary 3 -17 -21.pdf
city bypass and congestion resolution 08 -2021 (draft v4 3 -17 -
21).pdf
Approval of Bills Against the City of Moab
Executive (Closed) Session
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
1.1.1.Documents:2.2.1.3.4.4.1.Documents:4.2.Documents:5.5.1.5.1.a.6.7.7.1.Documents:7.2.Documents:7.3.Documents:8.8.1.Documents:9.9.1.Documents:9.2.Documents:9.3.Documents:9.4.
Documents:
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Documents:
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Meetings
•A kick off meeting with stakeholders took place
Wednesday, April 29th, 2020. The slide deck is available
here.
•The second stakeholder meeting took place on Thursday,
June 25, 2020. The slide deck is available here.
•The third stakeholder meeting took place on Tuesday,
November 17, 2020. The slide deck is available here.
•The wrap-up stakeholder meeting took place on
Wednesday, March 4, 2021. The slide deck is available here.
The Draft Plan
Moab & Spanish Valley Regional
Transportation Plan
The draft plan is ready for review.
Download a summary of the plan in PDF or PowerPoint (PPTX)
formats.
Two ways to review and comment on the plan:
Method 1:
Download the PDF here and email your comments to Jon
Nepstad (j.nepstad@fehrandpeers.com) or Krystian Boreyko
(K.Boreyko@fehrandpeers.com).
OR
Method 2:
Go to this site to review the document and submit comments
and feedback online.
The Survey
The survey period has ended. Thank you for your interest.
Please contact Jon Nepstad (j.nepstad@fehrandpeers.com) or
Jeff Sanders (jmsanders@utah.gov) if you need further
assistance.
Moab & Spanish Valley Community Survey
The survey period has ended. Thank you for your
interest. Please contact Jon Nepstad…
https://www.surveymonkey.com/r/C8CWF59
Past Transportation Planning Efforts
•Moab Downtown Plan (2019), PDF download
•Moab Parking Study (2019), PDF download
•Arches Area Recreation Hotspot (2018), website
•Main Street Moab Bypass Planning Study (2018), website
" S p a n i s h V a l l e y A c c e s s M a n a g e m e n t P l a n ( 2 0 1 8 ) , P D F
d o w n l o a d
" S a n J u a n C o u n t y S p a n i s h V a l l e y A r e a P l a n ( 2 0 1 8 ) , P D F
d o w n l o a d
" U S - 1 9 1 T r u c k P a r k i n g S t u d y ( 2 0 1 8 ) , P D F d o w n l o a d
" M o a b S i g n a l & P e d e s t r i a n S t u d y ( 2 0 1 6 ) , w e b s i t e
" U S - 1 9 1 C o r r i d o r P r e s e r v a t i o n S t u d y ( 2 0 1 5 ) , P D F
d o w n l o a d
" M o a b T r a n s p o r t a t i o n P l a n ( 2 0 0 4 ) , P D F d o w n l o a d
T h e P l a n
T h e g o a l i s t o p r o v i d e a h o l i s t i c ,
l o n g - t e r m t r a n s p o r t a t i o n v i s i o n
f o r t h e r e g i o n a n d s e r v e a s a
g u i d i n g d o c u m e n t f o r
i m p r o v e m e n t s t o l o c a l , r e g i o n a l ,
a n d s t a t e r o a d s a n d m u l t i m o d a l
t r a n s p o r t a t i o n n e t w o r k s . F i n a l
r e c o m m e n d a t i o n s w i l l :
" G e n e r a t e c o n s e n t r e g a r d i n g a
t r a n s p o r t a t i o n v i s i o n a n d
p l a n f r o m l o c a l g o v e r n m e n t a n d a g e n c y s t a k e h o l d e r s a s
w e l l a s p o l i c y m a k e r s a n d k e y s t a k e h o l d e r s ;
" P r o p o s e a v a r i e t y o f s h o r t - t e r m a n d l o n g - t e r m s o l u t i o n s
t h a t c a n b e a d o p t e d i n t o t h e 2 0 5 0 L o n g R a n g e R e g i o n a l
T r a n s p o r t a t i o n P l a n s ;
" R e s u l t i n a m u l t i - m o d a l t r a n s p o r t a t i o n m a s t e r p l a n f o r
t h e r e g i o n t h a t m a x i m i z e s t h e e c o n o m i c d e v e l o p m e n t
o p p o r t u n i t i e s a n d q u a l i t y o f l i f e f o r r e s i d e n t s .
What it isn’t: a transit study, a trails plan, an Arches plan, a US-
191 corridor study, or a downtown plan
The Moab & Spanish Valley Regional Transportation Plan is
a joint planning effort between the Utah Department of
Transportation (UDOT) and local stakeholders, including
Grand County, San Juan County,City of Moab, and SITLA.
The Location
Public Involvement & Engagement
Contacts
Jon Nepstad, AICP |Project Manager | 2180 South 1300 East,
Suite 220 | Salt Lake City, UT 84106 | T 385.282.7056 |
j.nepstad@fehrandpeers.com
In partnership with the Utah Department of Transportation
(UDOT) and local stakeholders, including Grand County, San
Juan County, City of Moab, and SITLA.
Powered by ArcGIS StoryMaps
Moab, Utah
February 23, 2021
The City Council (the “Council”) of the City of Moab, Utah, (the “Issuer”) met in
regular public session by electronic means, on Tuesday, February 23, 2021, at the hour of
7:00 p.m., with the following members of the Council being present:
Emily Niehaus Mayor
Rani Derasary Councilmember
Mike Duncan Councilmember
Karen Guzman-Newton Councilmember
Kalen Jones Councilmember
Tawny Knuteson-Boyd Councilmember
Also present:
Sommar Johnson City Recorder
Absent:
After the meeting had been duly called to order and after other matters not pertinent
to this resolution had been discussed, there was presented to the Council a Certificate of
Compliance with Open Meeting Law with respect to this February 23, 2021, 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:
AYE:
NAY:
The resolution is as follows:
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4845-4015-9965, v. 1
RESOLUTION NO. 03-2021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOAB,
UTAH (THE “ISSUER”), AUTHORIZING THE ISSUANCE AND SALE
OF NOT MORE THAN $7,000,000 AGGREGATE PRINCIPAL
AMOUNT OF WASTEWATER AND WATER REVENUE BONDS,
SERIES 2021 (THE “BONDS”); FIXING THE MAXIMUM
AGGREGATE PRINCIPAL AMOUNT OF THE BONDS, THE
MAXIMUM NUMBER OF YEARS OVER WHICH THE BONDS MAY
MATURE, THE MAXIMUM INTEREST RATE WHICH THE BONDS
MAY BEAR, AND THE MAXIMUM DISCOUNT FROM PAR AT
WHICH THE BONDS MAY BE SOLD; DELEGATING TO CERTAIN
OFFICERS OF THE ISSUER THE AUTHORITY TO APPROVE THE
FINAL TERMS AND PROVISIONS OF THE BONDS WITHIN THE
PARAMETERS SET FORTH HEREIN; PROVIDING FOR THE
PUBLICATION OF A NOTICE OF PUBLIC HEARING AND BONDS
TO BE ISSUED; PROVIDING FOR THE RUNNING OF A CONTEST
PERIOD AND SETTING OF A PUBLIC HEARING DATE;
AUTHORIZING AND APPROVING THE EXECUTION OF A MASTER
RESOLUTION, A BOND PURCHASE AGREEMENT 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 City Council (the “Council”) of the City of Moab, Utah (the
“Issuer”) desires to (a) finance all or a portion of the costs of improvements to its
wastewater and water systems (together, the “System”), including but not limited to, the
construction of a well and a water storage tank, water line improvements and all related
improvements (the “Series 2021 Project”), (b) fund any necessary debt service reserve
funds, and (c) pay costs of issuance with respect to the Series 2021 Bonds herein described;
and
WHEREAS, to accomplish the purposes set forth in the preceding recital, and
subject to the limitations set forth herein, the Issuer desires to issue its Wastewater and
Water Revenue Bonds, Series 2021 (the “Series 2021 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 Issuer), pursuant to (a) the Local Government Bonding Act, Title 11,
Chapter 14, Utah Code Annotated 1953, as amended (the “Act”), (b) this Resolution, and
(c) a Master Resolution (the “Master Resolution”), in substantially the form presented to
the meeting at which this Resolution was adopted and which is attached hereto as
Exhibit B; and
WHEREAS, the Act provides that prior to issuing bonds, 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 bonds and (ii) the potential economic
3
4845-4015-9965, v. 1
impact that the improvement, facility or property for which the bonds pay all or part of the
cost will have on the private sector; and
WHEREAS, the Issuer desires to call a public hearing for this purpose and to
publish a notice of such hearing with respect to the Series 2021 Bonds, including a notice
of bonds to be issued, in compliance with the Act; and
WHEREAS, the Issuer desires to approve and authorize a Bond Purchase
Agreement (the “Bond Purchase Agreement”), in substantially the form attached hereto as
Exhibit C, to be entered into between the Issuer and underwriter or purchaser (the
“Purchaser”) selected by the Issuer for the Series 2021 Bonds; and
WHEREAS, in order to allow the Issuer flexibility in setting the pricing date of the
Series 2021 Bonds to optimize debt service costs to the Issuer, the Council desires to grant
to any one of the Mayor or Mayor pro tem (together, the “Mayor”) or the City Manager
(collectively, the “Designated Officers”), the authority to (a) approve the principal
amounts, interest rates, terms, maturities, redemption features, and purchase price at which
the Series 2021 Bonds shall be sold and (b) 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, it is hereby resolved by the City Council of the City of Moab,
Utah, as follows:
Section 1. For the purpose of (a) financing the Series 2021 Project, (b) funding
a deposit to a debt service reserve fund, if necessary, and (c) paying costs of issuance of
the Series 2021 Bonds, the Issuer hereby authorizes the issuance of the Series 2021 Bonds
which shall be designated “City of Moab, Utah Wastewater and Water Revenue Bonds,
Series 2021” (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 Issuer) in the aggregate principal
amount of not to exceed $7,000,000. The Series 2021 Bonds shall mature in not more than
twenty (20) years from their date or dates, shall be sold at a price not less than ninety-eight
percent (98%) of the total principal amount thereof, shall bear interest at a rate or rates of
not to exceed three percent (3.0%) per annum, as shall be approved by the Designated
Officers, all within the Parameters set forth herein.
Section 2. The Designated Officers are hereby authorized to select the
Purchaser and specify and agree as to the method of sale, the final principal amounts, terms,
discounts, maturities, interest rates, redemption features, and purchase price with respect
to the Series 2021 Bonds for and on behalf of the Issuer, provided that such terms are within
the Parameters set by this Resolution. The selection of the method of sale, the selection of
the Purchaser, and the determination of the final terms and redemption provisions for the
Series 2021 Bonds by the Designated Officers shall be evidenced by the execution of the
Bond Purchase Agreement in substantially the form attached hereto as Exhibit C, or a term
sheet if the selected Purchaser prefers.
4
4845-4015-9965, v. 1
Section 3. The Master Resolution and the Bond Purchase Agreement in
substantially the forms presented to this meeting and attached hereto as Exhibit B and
Exhibit C, respectively, are hereby authorized, approved, and confirmed. The Mayor and
City Recorder are hereby authorized to execute and deliver the Master Resolution and the
Bond Purchase Agreement in substantially the forms and with substantially the content as
the forms presented at this meeting for and on behalf of the Issuer, 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 4. The Designated Officers or other appropriate officials of the Issuer
are authorized to make any alterations, changes or additions to the Master Resolution, the
Bond Purchase Agreement, the Series 2021 Bonds, or any other document herein
authorized and approved which may be necessary to conform the same to the final terms
of the Series 2021 Bonds (within the Parameters set by this Resolution), to conform to any
applicable bond insurance or reserve instrument or to remove the same, 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 on behalf of the Issuer 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 5. The form, terms, and provisions of the Series 2021 Bonds and the
provisions for the signatures, authentication, payment, registration, transfer, exchange,
redemption, and number shall be as set forth in the Master Resolution. The Mayor and the
City Recorder are hereby authorized and directed to execute and seal the Series 2021 Bonds
and to deliver or provide for the delivery of said Series 2021 Bonds to the Purchaser. The
signatures of the Mayor and the City Recorder may be by facsimile or manual execution.
Section 6. Upon their issuance, the Series 2021 Bonds will constitute special
limited obligations of the Issuer payable solely from and to the extent of the sources set
forth in the Series 2021 Bonds and the Master Resolution. No provision of this Resolution,
the Master Resolution, the Series 2021 Bonds, or any other instrument, shall be construed
as creating a general obligation of the Issuer, 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 Issuer or its ad valorem taxing powers.
Section 7. The Designated Officers and other appropriate officials of the
Issuer, and each of them, are hereby authorized and directed to execute and deliver for and
on behalf of the Issuer any or all additional certificates, documents and other papers
(including, without limitation, any escrow agreement permitted under the Master
Resolution and tax compliance procedures) 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.
5
4845-4015-9965, v. 1
Section 8. After the Series 2021 Bonds are delivered to the 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 2021 Bonds are deemed to have
been duly discharged in accordance with the terms and provisions of the Master Resolution.
Section 9. The Issuer shall hold a public hearing on March 23, 2021, to receive
input from the public with respect to (a) the issuance of the Series 2021 Bonds issued under
the Act and (b) the potential economic impact that the improvements to be financed with
the proceeds of the Series 2021 Bonds issued under the Act will have on the private sector,
which hearing date shall not be less than fourteen (14) days after notice of the public
hearing is first published and such publication shall be made (i) once a week for two
consecutive weeks in the Times Independent, a newspaper of general circulation in the
Issuer, (ii) on the Utah Public Notice Website created under Section 63F-1-701, Utah Code
Annotated 1953, as amended, and (iii) on the Utah Legal Notices website
(www.utahlegals.com) created under Section 45-1-101, Utah Code Annotated 1953, as
amended. The City Recorder shall cause a copy of this Resolution (together with all
exhibits hereto) to be kept on file in the Issuer’s offices, for public examination during the
regular business hours of the Issuer until at least thirty (30) days from and after the last
date of the newspaper publication thereof. The Issuer directs its officers and staff to publish
a “Notice of Public Hearing and Bonds to be Issued” in substantially the following form:
6
4845-4015-9965, v. 1
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 February 23, 2021, the City Council (the “Council”) of the City of Moab, Utah (the
“Issuer”), adopted a resolution (the “Resolution”) in which it authorized the issuance of the
Issuer’s Wastewater and Water Revenue Bonds, Series 2021 (the “Series 2021 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.
TIME, PLACE, LOCATION AND PURPOSE OF PUBLIC HEARING
The Issuer shall hold a public hearing on March 23, 2021, at the hour of 7:00 p.m.
by electronic means. The public may view the Issuer’s electronic public hearing by
viewing the Issuer’s YouTube channel: https://www.youtube.com/MoabCityGovernment.
The purpose of the hearing is to receive input from the public with respect to (a) the
issuance of the Series 2021 Bonds and (b) any potential economic impact that the project
to be financed with proceeds of the Series 2021 Bonds may have on the private sector. All
members of the public are invited to attend electronically and participate. Call-in
information to make comments during the public hearing can be found on the agenda at:
https://moabcity.org/AgendaCenter/City-Council-1.
PURPOSE FOR ISSUING THE SERIES 2021 BONDS
The Series 2021 Bonds will be issued for the purpose of: (a) financing all or a
portion of the costs of improvements to the wastewater and water systems (together, the
“System”), including but not limited to, the construction of a well and a water storage tank,
water line improvements and all related improvements (the “Series 2021 Project”), (b)
funding any necessary debt service reserve funds, and (c) paying costs of issuance of the
Series 2021 Bonds.
PARAMETERS OF THE SERIES 2021 BONDS
The Issuer intends to issue the Series 2021 Bonds in the aggregate principal amount
of not more than Seven Million Dollars ($7,000,000), to mature in not more than twenty
(20) years from their date or dates, to be sold at a price not less than ninety-eight percent
(98%) of the total principal amount thereof and bearing interest at a rate or rates not to
exceed three percent (3.0%) per annum. The Series 2021 Bonds are to be issued and sold
by the Issuer pursuant to the Resolution, including as part of said Resolution, a Master
Resolution (the “Master Resolution”) which were before the Council in substantially final
form at the time of the adoption of the Resolution and said Master Resolution is to be
executed by the Issuer in such form and with such changes thereto as shall be approved by
the Issuer; provided that the principal amount, interest rate or rates, maturity, and discount
of the Series 2021 Bonds will not exceed the maximums set forth above. The Issuer
reserves the right to not issue the Series 2021 Bonds for any reason and at any time up to
the issuance of the Series 2021 Bonds.
7
4845-4015-9965, v. 1
REVENUES PROPOSED TO BE PLEDGED
The Bonds are special limited obligations of the Issuer payable from the net
revenues of the System.
OUTSTANDING BONDS SECURED BY PLEDGED TAXES
The Issuer currently has $15,136,000 of 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/searchreport. For additional information, including any
information more recent than as of the date of the Financial Report, please contact Joel
Linares, City Manager at (435) 259-5121.
TOTAL ESTIMATED COST OF BONDS
Based on the Issuer’s current plan of finance and a current estimate of interest rates,
the total principal and interest cost of the Series 2021 Bonds, if held until maturity, is
$8,120,309.
A copy of the Resolution and form of the Master Resolution are on file in the office
of the Moab City Recorder, 217 East Center Street, Moab, Utah, where they may be
examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m.
Monday through Friday, for a period of at least thirty (30) days from and after the date of
publication of this notice.
NOTICE IS FURTHER GIVEN that a period of thirty (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 Master Resolution (as it
pertains to the Series 2021 Bonds), or the Series 2021 Bonds, or any provision made for
the security and payment of the Series 2021 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 February 23, 2021.
/s/Sommar Johnson
City Recorder
8
4845-4015-9965, v. 1
Section 10. The Issuer hereby reserves the right to opt not to issue the
Series 2021 Bonds for any reason, including without limitation, consideration of the
opinions expressed at the public hearing.
Section 11. 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 12. The Issuer 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 2021 Project. The Series 2021 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 2021
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 2021 Bonds
which will be issued to finance the reimbursed costs of the Series 2021 Project is not
expected to exceed $7,000,000.
9
4845-4015-9965, v. 1
APPROVED AND ADOPTED this February 23, 2021.
(SEAL)
By:_________________________________
Mayor
ATTEST:
By:
City Recorder
10
4845-4015-9965, v. 1
(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.
(SEAL)
By:_________________________________
Mayor
ATTEST:
By:
City Recorder
11
4845-4015-9965, v. 1
STATE OF UTAH )
: ss.
COUNTY OF GRAND )
I, Sommar Johnson, the duly appointed and qualified City Recorder of the City of
Moab, Utah (the “City”), do hereby certify according to the records of the City Council of
the City (the “City Council”) in my official possession that the foregoing constitutes a true
and correct excerpt of the minutes of the meeting of the City Council held on February 23,
2021, including a resolution (the “Resolution”) adopted at said meeting as 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 February 23, 2021, and pursuant to the Resolution, there will be published a
Notice of Public Hearing and Bonds to be Issued no less than fourteen (14) days before the
public hearing date: (a) once a week for two consecutive weeks in the Times Independent,
a newspaper having general circulation within the City, the affidavit of which publication
will be attached upon availability, (b) on the Utah Public Notice Website created under
Section 63F-1-701, Utah Code Annotated 1953, as amended and (c) on the Utah Legal
Notices website (www.utahlegals.com) created under Section 45-1-101, Utah Code
Annotated 1953, as amended.
IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed
hereon the official seal of said City, this February 23, 2021.
(SEAL)
By:
City Recorder
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH
OPEN MEETING LAW
I, Sommar Johnson, the undersigned City Recorder of the City of Moab, Utah (the
“City”), do hereby certify, according to the records of the City in my official possession,
and upon my own knowledge and belief, that in accordance with the requirements of
Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than twenty-
four (24) hours public notice of the agenda, date, time and place of the February 23, 2021,
public meeting held by the City Council of the City (the “City Council”) as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the principal offices of the City on February ___, 2021, 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;
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be delivered to the Times Independent on February ___, 2021, at
least twenty-four (24) hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov)
at least twenty-four (24) hours prior to the convening of the meeting.
In addition, the Notice of 2021 Annual Meeting Schedule for the City Council
(attached hereto as Schedule 2) was given specifying the date, time, and place of the regular
meetings of the City Council to be held during the year, by causing said Notice to be (a)
posted on _____________, at the principal office of the City Council, (b) provided to at
least one newspaper of general circulation within the City on ______________, and (c)
published on the Utah Public Notice Website (http://pmn.utah.gov) during the current
calendar year.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
February 23, 2021.
(SEAL)
By:
City Recorder
13
4845-4015-9965, v. 1
SCHEDULE 1
NOTICE OF MEETING
14
4845-4015-9965, v. 1
SCHEDULE 2
ANNUAL MEETING SCHEDULE
15
4845-4015-9965, v. 1
(attach Proof of Publication of
Notice of Public Hearing and Bonds to be Issued)
SUPPLEMENTAL MASTER RESOLUTION
OF
CITY OF MOAB, UTAH
AS ISSUER
DATED AS OF
_________, 2021
i
Table of Contents
ARTICLE I. DEFINITIONS ...............................................................................................1
Section 1.01 Definitions....................................................................................................1
Section 1.02 Master Resolution to Constitute Contract ....................................................5
Section 1.03 Construction. ................................................................................................5
ARTICLE II. ISSUANCE OF SERIES 2021 BONDS .......................................................6
Section 2.01 Principal Amount, Designation, Series, and Interest Rate ...........................6
Section 2.02 Date and Maturities ......................................................................................6
Section 2.03 Optional Redemption and Redemption Prices. ............................................7
Section 2.04 Execution and Delivery of the Series 2021 Bonds ......................................7
ARTICLE III. SERIES 2021 BOND PROVISIONS ..........................................................7
Section 3.01 Execution; Limited Obligation. ...................................................................7
Section 3.02 Authentication and Delivery of Series 2021 Bonds. ....................................8
Section 3.03 Mutilated, Lost, Stolen or Destroyed Bonds. ...............................................9
Section 3.04 Registration of Bonds; Persons Treated as Owners. ....................................9
Section 3.05 Notice of Redemption. ...............................................................................10
Section 3.06 Cancellation. ..............................................................................................10
Section 3.07 Nonpresentation of Bonds..........................................................................10
Section 3.08 Additional Bonds. ......................................................................................11
Section 3.09 Sale of Bonds; Authorization of Agreements. ...........................................12
ARTICLE IV. CREATION OF FUNDS AND ACCOUNTS ...........................................13
Section 4.01 Creation of Revenue Fund. ........................................................................13
Section 4.02 Creation of Bond Fund...............................................................................13
ARTICLE V. USE OF FUNDS .........................................................................................13
Section 5.01 Use of Revenue Fund. ................................................................................13
Section 5.02 Use of Bond Fund. .....................................................................................14
Section 5.03 Investment of Funds. ..................................................................................15
ARTICLE VI. APPLICATION OF PROCEEDS ..............................................................15
Section 6.01 Transfer of Fund and Application of Proceeds of the Series 2021 Bonds. 15
Section 6.02 Debt Service Reserve Requirement. ..........................................................15
ARTICLE VII. GENERAL COVENANTS ......................................................................15
Section 7.01 General Covenants .....................................................................................15
Section 7.02 First Lien Bonds; Equality of Liens. ..........................................................18
Section 7.03 Payment of Principal and Interest. .............................................................18
ii
4827-4748-8477, v. 2
Section 7.04 Performance of Covenants; Issuer. ............................................................19
Section 7.05 List of Bondholders....................................................................................19
Section 7.06 Designation of Additional Paying Agents. ................................................19
Section 7.07 Tax Exemption of Series 2021 Bonds. ......................................................19
Section 7.08 Instruments of Further Assurance. .............................................................20
Section 7.09 Covenant of State of Utah. .........................................................................20
ARTICLE VIII. EVENTS OF DEFAULT; REMEDIES ..................................................21
Section 8.01 Events of Default. ......................................................................................21
Section 8.02 Remedies; Rights of Registered Owners. ..................................................22
Section 8.03 Right of Registered Owners to Direct Proceedings. ..................................22
Section 8.04 Application of Moneys. .............................................................................22
Section 8.05 Rights and Remedies of Registered Owners. .............................................23
Section 8.06 Termination of Proceedings. ......................................................................24
Section 8.07 Waivers of Events of Default. ....................................................................24
ARTICLE IX. SUPPLEMENTAL RESOLUTIONS ........................................................24
Section 9.01 Supplemental Resolutions Not Requiring Consent of Registered Owners.
24
Section 9.02 Supplemental Resolutions Requiring Consent of Registered Owners;
Waivers and Consents by Registered Owners. ..........................................25
ARTICLE X. DISCHARGE OF RESOLUTION ..............................................................25
ARTICLE XI. MISCELLANEOUS ..................................................................................27
Section 11.01 Consents, Etc., of Registered Owners. .......................................................27
Section 11.02 Limitation of Rights. ..................................................................................27
Section 11.03 Severability. ...............................................................................................27
Section 11.04 Maintenance of Proceedings. .....................................................................28
Section 11.05 Defeasance of the Series 2021 Bonds. .......................................................28
Section 11.06 Sale of Series 2021 Bonds Approved. .......................................................28
Section 11.07 Bondholders not Responsible. ...................................................................28
Section 11.08 Bonds Registrar and Paying Agent. ...........................................................28
Section 11.09 Notice of Series 2021 Bonds to be Issued. ................................................28
Section 11.10 Additional Certificates, Documents, and Other Papers. ............................29
Section 11.11 Severability. ...............................................................................................29
Section 11.12 Resolutions in Conflict. .............................................................................29
Section 11.13 Effective Date of Resolution. .....................................................................29
EXHIBIT A FORM OF BONDS ........................................................................................1
EXHIBIT B FORM OF BOND PURCHASE AGREEMENT .........................................1
SUPPLEMENTAL MASTER RESOLUTION
WHEREAS, the Local Government Bonding Act, Title 11, Chapter 14, Utah Code
Annotated 1953, as amended and the Utah Refunding Bond Act, Title 11, Chapter 27, Utah
Code Annotated 1953, as amended (together, the “Act”), authorizes the issuance of non-
voted revenue bonds payable solely from a special revenue source; and
WHEREAS, the City of Moab, Utah (the “Issuer”) has previously issued its
Wastewater and Water Revenue Bonds, Series 2018A and its Wastewater and Water
Revenue Refunding Bonds, Series 2018B (together, the “Series 2018 Bonds”) pursuant to
a Master Resolution dated as of September 1, 2018 (the “2018 Master Resolution”); and
WHEREAS, the Issuer desires to (a) finance the acquisition and construction of
improvements to the Issuer’s wastewater and water systems (together, the “System”)
including but not limited to, the construction of a well and a water storage tank, water line
improvements and all related improvements (collectively, the “Series 2021 Project”) and
(b) pay costs of issuance with respect to the Series 2021 Bonds, through the issuance of
Wastewater and Water Revenue Bonds, Series 2021 (the “Series 2021 Bonds”) in an
aggregate principal amount of $_________ pursuant to the 2018 Master Resolution and
this Supplemental Master Resolution dated as of _________, 2021 (the “Supplemental
Master Resolution” and together with the 2018 Master Resolution, the “Master
Resolution”); and
WHEREAS, ___________ (the “Purchaser”) has offered to purchase the Series
2021 Bonds at par in the total principal amount of $_______; and
WHEREAS, the Issuer desires to accept the offer of the Purchaser and to confirm
the sale of the Series 2021 Bonds to the Purchaser;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Moab,
Utah, as follows:
ARTICLE I.
DEFINITIONS
Section 1.01 Definitions. As used in this Master Resolution, the following terms
shall have the following meanings unless the context otherwise clearly indicates:
“Act” means, collectively, the Local Government Bonding Act, Title 11, Chapter
14, Utah Code Annotated 1953, as amended.
“Annual Debt Service” means the total requirement of principal, interest and
premium payments, if any, to be paid by the Issuer during any Sinking Fund Year on the
Issuer’s outstanding Series 2021 Bonds or other forms of indebtedness, including the Parity
Bonds, issued on a parity with the Series 2021 Bonds.
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“Average Annual Debt Service” means the sum total of the Annual Debt Service
for all Sinking Fund Years divided by the total number of Sinking Fund Years during which
any of the Series 2021 Bonds will remain outstanding.
“Bonds” means the Series 2018 Bonds, the Series 2021 Bonds and any Parity Bonds
issued by the Issuer.
“Bondholder,” “Registered Owner” or “Owner” means the registered owner of any
bonds herein authorized.
“Business Day” means a day on which banking business is transacted, but not
including any day on which banks are authorized to be closed within the boundaries of the
Issuer.
“Code” means the Internal Revenue Code of 1986, as amended.
“Dated Date” means the initial delivery date of the Series 2021 Bonds.
“Debt Service Reserve Requirement” means $[0].
“Default” and “Event of Default” mean, with respect to any default or event of
default under this Master Resolution, any occurrence or event specified in and defined by
Section 9.01 hereof.
“Depository Bank” means a “Qualified Depository” as defined in the State Money
Management Act of 1974, Title 51, Chapter 7, Utah Code Annotated, 1953, as amended,
selected by the Issuer to receive deposits for the Revenue Account as herein described, the
deposits of which shall be insured by the Federal Deposit Insurance Corporation.
“Direct Obligations” means (a) cash, (b) Government Obligations, and (c) money
market funds registered under the Federal Investment Company Act of 1940, whose shares
are registered under the Federal Securities Act of 1933, and having a rating by S&P of
AAAm-G, AAAm, or AA-m and if rated by Moody’s rated Aaa, Aa1 or Aa2.
“Fully Registered Bond” means any single Fully Registered Bond in the
denomination(s) equal to the aggregate principal amount of the applicable Series 2021
Bonds authorized herein.
“Governing Body” means the City Council of the Issuer.
“Interest Payment Dates” means each ________ and ________ beginning _______,
2021.
“Master Resolution” means the 2018 Master Resolution dated as of September 1,
2018 and this Supplemental Master Resolution dated as of ________, 2021.
“Net Revenues” means the Revenues after provision has been made for the payment
therefrom of Operation and Maintenance Expenses.
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“Operation and Maintenance Expenses” means all expenses reasonably incurred in
connection with the operation and maintenance of the System, whether incurred by the
Issuer or paid to any other municipality or company pursuant to contract or otherwise,
repairs and renewals (other than capital improvements) necessary to keep the System in
efficient operating condition, the cost of audits and reports hereinafter required, fees of the
paying agents on the Bonds, payment of premiums for insurance on the System hereafter
required, and, generally, all expenses, exclusive of depreciation, which under generally
accepted accounting practices are properly allocable to operation and maintenance of the
System, but only such expenses as are reasonably and properly necessary to the efficient
operation and maintenance of the System shall be included.
“Outstanding” or “Outstanding Bonds” means any Bond which has been issued and
delivered and not cancelled in accordance with the provisions hereof, except any Bond in
lieu of or in substitution for which a new Bond shall have been delivered herewith, unless
proof satisfactory to the Registrar is presented that such Bond is held by a bona fide holder
in due course.
“Parity Bonds” means any bonds issued in the future on a parity with the Series
2021 Bonds.
“Purchaser” means ___________________.
“2018 Master Resolution” means the 2018 Master Resolution dated as of
September 1, 2018.
“Supplemental Master Resolution” means this Supplemental Master Resolution
dated as of ___________, 2021.
“Qualified Investments” means any of the following securities:
Direct Obligations;
(i) Obligations of any of the following federal agencies
which obligations represent full faith and credit obligations of the
United States of America: 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);
(ii) Money market funds rated “AAAm” or “AAAm-G” or
better by S&P;
(iii) 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;
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(iv) Bonds, notes or other evidences or 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;
(v) U.S. dollar denominated deposit accounts, federal
funds and banker’s acceptances with domestic commercial banks
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 or purchase (ratings
on holding companies are not considered as the rating of the bank);
(vi) the fund held by the Treasurer for the State of Utah and
commonly known as the Utah State Public Treasurer’s Investment
Fund; and
(vii) any other investment permitted by the State Money
Management Act, Title 51, Chapter 7, Utah Code Annotated 1953, as
amended.
“Registrar” or “Paying Agent” means the person or persons authorized by the
Issuer to maintain the registration books with respect to the Series 2021 Bonds and to pay
the principal on the Series 2021 Bonds on behalf of the Issuer. The initial Registrar and
Paying Agent for the Series 2021 Bonds is the City Recorder of the Issuer.
“Regular Record Date” means the fifteenth day (whether or not a Business Day)
immediately preceding each Interest Payment Date with respect to the applicable Series of
Bonds.
“Regulations,” and all references thereto shall mean and include 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.
“Revenue Fund” means the City of Moab Wastewater and Water Revenue Fund
created herein in the hands of the Issuer to be administered pursuant to Section 5.01 of this
Master Resolution.
“Revenues” means all gross income and revenues of any kind from any source
whatsoever, derived from the operation of the System, including, without limitation, all
fees, rates, connection charges, impact fees improved with respect to the Project and other
charges, the gross revenues of all improvements, additions and extensions of the System
hereafter constructed or acquired and all interest earned by and profits derived from the
sale of investments made with the income and Revenues.
“Series 2018 Bonds” means the Issuer’s outstanding Wastewater and Water
Revenue Bonds, Series 2018A and Wastewater and Water Revenue Refunding Bonds,
Series 2018B.
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“Series 2021 Bonds” means the Issuer’s Wastewater and Water Revenue Bonds,
Series 2021 issued hereunder.
“Series 2021 Project” means the costs of improvements to the System, including
but not limited to, the construction of a well and a water storage tank, water line
improvements and all related improvements.
“Series 2021 Reserve Account” means, the account described in Section 3.4 below.
“Sinking Fund Year” means the 12-month period beginning July 1 of each year
and ending June 30 of the following year, except with respect to the Series 2021 Bonds
that the first Sinking Fund Year will begin on the Dated Date and will end on the following
June 30.
“System” means collectively, the wastewater and water facilities of the Issuer, as
such facilities now existing, and any other properties now or hereafter owned or operated
by the Issuer relating to said facilities and as may hereafter be improved and extended,
including specifically all properties of every nature owned by the Issuer and used or useful
in the operation of said system, including real estate, personal and intangible properties,
contracts, franchises, leases, whether lying within or without the boundaries of the Issuer,
including the whole and each and every part of the sewer facilities of the Issuer, including
the Series 2021 Project to be acquired and constructed pursuant to this Master Resolution,
and all real, personal, and mixed property, of every nature now or hereafter owned by the
Issuer and used or useful in the operation of said System, together with all improvements,
extensions, enlargements, additions, and repairs thereto which may be made while the
Series 2021 Bonds remain Outstanding.
Section 1.02 Master Resolution to Constitute Contract. In consideration of the
purchase and acceptance of any and all of the Series 2021 Bonds authorized to be issued
hereunder by the Owners thereof from time to time, this Master Resolution shall be deemed
to be and shall constitute a contract between the Issuer and the Owners from time to time
of the Series 2021 Bonds; and the pledge made in this Master Resolution and the covenants
and agreements herein set forth to be performed by or on behalf of the Issuer shall be for
the equal benefit, protection and security of the Owners of any and all of the Bonds all of
which, regardless of the time or times of their authentication and delivery or maturity, shall
be of equal rank without preference, priority, or distinction of any of the Bonds over any
other thereof, except as expressly provided in or permitted by this Master Resolution.
Section 1.03 Construction. This Master Resolution, 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 Master Resolution shall refer to this Master
Resolution 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.
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(c) Words in the masculine gender include the feminine and the neuter,
and when the sense so indicates, words of the neuter gender refer to any gender.
(d) Articles, sections, subsections, paragraphs and subparagraphs
mentioned by number, letter or otherwise, correspond to the respective articles,
sections, subsections, paragraphs and subparagraphs hereof so numbered or
otherwise so designated.
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 Master Resolution.
ARTICLE II.
ISSUANCE OF SERIES 2021 BONDS
Section 2.01 Principal Amount, Designation, Series, and Interest Rate. The
Series 2021 Bonds are hereby authorized for the purpose of providing funds to (a) finance
the Series 2021 Project and (b) pay costs incurred in connection with the issuance of the
Series 2021 Bonds. The Series 2021 Bonds shall be limited to $_________ in aggregate
principal amount, shall be issued in the form set forth in Exhibit A, in fully registered form
and shall bear interest at the rate of ____% per annum and shall be payable as specified
herein. The Series 2021 Bonds shall be designated as and shall be distinguished from the
bonds of all other series by the title, “City of Moab, Utah Wastewater and Water Revenue
Bonds, Series 2021.”
Section 2.02 Date and Maturities. The Series 2021 Bonds shall be dated as of the
Dated Date, shall be in denominations of [$5,000 or any $1,000] multiple in excess thereof,
and shall bear interest from the Interest Payment Date next preceding their date of
authentication thereof, unless authenticated as of an Interest Payment Date, in which event
such Series 2021 Bonds shall bear interest from the date to which interest has been paid in
full, or unless no interest shall have been paid on such Series 2021 Bonds, in which event
such Series 2021 Bonds shall bear interest from the Dated Date, payable on __________
and ________ commencing on __________, 20__, at the rate per annum and shall mature
on _________ in the amount set forth below:
Maturity
(________)
Principal Amount
Interest Rate
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Payment of the interest on any Series 2021 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 to the Registered Owner at his address
as it appears on such registration books. Interest shall be paid by check or draft mailed on
each Interest Payment Date to the Owner of each of the Series 2021 Bonds as the name and
address of such Owner appears on the Record Date in the Register.
Section 2.03 Optional Redemption and Redemption Prices. [The Series 2021
Bonds maturing on or prior to ________, 20__ are not subject to redemption prior to
maturity. The Series 2021 Bonds maturing on and after ________, 20__ are subject to
redemption prior to maturity at the option of the Issuer, in such order of maturity as may
be selected by the Issuer, in whole or in part on any day on and after ________, 20__, at a
redemption price equal to 100% of the principal amount of the Series 2021 Bonds to be
redeemed plus accrued interest to the date of redemption.]
Section 2.04 Execution and Delivery of the Series 2021 Bonds. The Mayor of
the Issuer is hereby authorized to execute by manual or facsimile signature the Series 2021
Bonds and the City Recorder of the Issuer to countersign by manual or facsimile signature
the Series 2021 Bonds and to have imprinted, engraved, lithographed, stamped, or
otherwise placed on the Series 2021 Bonds the official seal of the Issuer. The City Recorder
is hereby authorized to deliver to the Purchaser the Series 2021 Bonds upon payment to
the Issuer of the proceeds of the Series 2021 Bonds.
ARTICLE III.
SERIES 2021 BOND PROVISIONS
Section 3.01 Execution; Limited Obligation. The Series 2021 Bonds 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 City Recorder, and
shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the
City Recorder. In case any officer whose signature shall appear on the Series 2021 Bonds,
shall cease to be such officer before the delivery of such Series 2021 Bonds, such signature
shall nevertheless be valid and sufficient for all purposes, the same as if he had remained
in office until delivery. The Series 2021 Bonds, together with interest thereon, shall be
limited obligations of the Issuer payable solely from the Net Revenues (except to the extent
paid out of moneys attributable to the Series 2021 Bond proceeds or other funds created
hereunder or the income from the temporary investment thereof).
The Series 2021 Bonds shall be a valid claim of the respective Registered Owners
thereof only against the Net Revenues and other moneys in funds and accounts held by the
Issuer hereunder and the Issuer hereby pledges and assigns the same for the equal and
ratable payment of the Series 2021 Bonds, and the Net Revenues shall be used for no other
purpose than to pay the principal of, premium, if any, and interest on the Series 2021 Bonds,
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4827-4748-8477, v. 2
except as may be otherwise expressly authorized herein. The issuance of the Series 2021
Bonds shall not, directly, indirectly or contingently, obligate the Issuer or any agency,
instrumentality or political subdivision thereof to levy any form of taxation therefor or to
make any appropriation for their payment.
Section 3.02 Authentication and Delivery of Series 2021 Bonds.
(a) The Issuer shall deliver executed Series 2021 Bonds to the Registrar
for authentication. Subject to the satisfaction of the conditions for authentication of
Series 2021 Bonds set forth herein, the Registrar shall authenticate such Bonds, and
deliver them upon the order of the Issuer to their respective Owners thereof upon
the payment or exchange by the Owners to the Issuer for the account of the Issuer
of the purchase price therefor. Delivery by the Issuer shall be full acquittal to the
Owners for the purchase price of such Series 2021 Bonds, and the Owners shall be
under no obligation to see to the application thereof. The proceeds of the sale of
such Series 2021 Bonds shall, however, be disposed of only as provided herein.
(b) No Series 2021 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 Series 2021 Bond substantially in the form set forth in the
forms of Bonds attached hereto shall have been duly executed by the Registrar, and
such executed certificate of the Registrar upon any such Bond shall be conclusive
evidence that such Bond has been authenticated and delivered hereunder. The
Registrar’s certificate of authentication on any Bond shall be deemed to have been
executed by it if signed by an authorized officer of the Registrar, 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 Registrar of the Series 2021 Bonds
there shall have been filed with bond counsel:
(i) A copy of this Master Resolution duly certified by the City
Recorder.
(ii) A certificate of the Issuer, dated as of the date of
authentication of the Series 2021 Bonds, to the effect that this Master
Resolution is still in force and effect without amendments.
(iii) A request and authorization to the Registrar from the Issuer
to authenticate the Series 2021 Bonds in the aggregate principal amount
therein specified and deliver them to purchasers therein identified upon
payment to the Issuer, of the sum specified therein.
(iv) An opinion of bond counsel dated the date of authentication
of the Series 2021 Bonds to the effect that (a) the Master Resolution has
been duly adopted by the Issuer and creates a valid and binding obligation
on the Issuer in accordance with its terms, (b) the Series 2021 Bonds are
special obligations of the Issuer payable solely from the Net Revenues and
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4827-4748-8477, v. 2
do not constitute a general obligation indebtedness of the Issuer, and (c) the
interest payable on the Series 2021 Bonds is excludable from gross income
for federal income tax purposes.
Section 3.03 Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond
is mutilated, lost, stolen or destroyed, the Issuer may execute and the Registrar 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 Registrar, and in the case of any lost, stolen or
destroyed Bond, there shall be first furnished to the Registrar evidence of such loss, theft
or destruction satisfactory to the Registrar, together in all cases with indemnity satisfactory
to the Registrar and the Issuer. In the event any such Bond shall have matured, instead of
issuing a duplicate Bond, the Registrar may pay the same without surrender thereof upon
compliance with the foregoing. The Registrar may charge the Registered Owner of such
Bond with its reasonable fees and expenses in this connection. Any Bond issued pursuant
to this Section 3.03 shall be deemed part of the Series of the Bonds in respect of which it
was issued and an original additional contract obligation of the Issuer.
Section 3.04 Registration of Bonds; Persons Treated as Owners. The Issuer shall
cause the books for the registration and for the transfer of the Bonds as provided herein to
be kept by the City Recorder which is hereby constituted and appointed the Registrar of
the Issuer with respect to the Bonds, provided, however, that the Issuer may, by
Supplemental Resolution, select a party other than the City Recorder to act as Registrar
with respect to the Series of Bonds issued under said Supplemental Resolution. 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 office of the Registrar, duly
endorsed by, or accompanied by a written instrument or instruments of transfer in form
satisfactory to the Registrar and duly executed by, the Registered Owner or his attorney
duly authorized in writing, the Issuer shall execute and the Registrar 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 office of the Registrar for a like aggregate
principal amount of Bonds of other authorized denominations 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 Registrar shall
thereby be authorized to authenticate and deliver such Bond. The Issuer and the Registrar
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
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.
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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 Registrar 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 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 3.05 Notice of Redemption. In the event any of the Series 2021 Bonds
are called for redemption, notice thereof identifying the Series 2021 Bonds or portions
thereof to be redeemed will be given by the Paying Agent by mailing a copy of the
redemption notice by registered or certified mail at least thirty (30) days prior to the date
fixed for redemption to the Registered Owner of each Series 2021 Bond to be redeemed at
the address shown on the registration books; provided, however, that failure to give such
notice by mailing, or any defect therein, shall not affect the validity of any proceeding for
the redemption of any Series 2021 Bond with respect to which no such failure has occurred.
Any notice mailed as provided in this paragraph shall be conclusively presumed to have
been duly given, whether or not the Registered Owner receives the notice. All Series 2021
Bonds so called for redemption will cease to bear interest after the specified redemption
date provided funds for their redemption are on deposit at the place of payment at that time.
Section 3.06 Cancellation. All Bonds which have been surrendered for payment,
redemption or exchange, and Bonds purchased from any moneys held by the Paying Agent
hereunder or surrendered to the Paying Agent by the Issuer, shall be canceled and cremated
or otherwise destroyed by the Registrar and shall not be reissued, and a counterpart of the
certificate of cremation or other destruction certificate evidencing such cremation or other
destruction shall be furnished by the Registrar to the Issuer; 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 3.07 Nonpresentation of Bonds. In the event any Series 2021 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 Paying Agent, 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 Paying Agent 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
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4827-4748-8477, v. 2
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 Paying Agent 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 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.
Section 3.08 Additional Bonds. No additional indebtedness, bonds, or notes of
the Issuer payable on a priority to the pledge of Net Revenues for the payment of the Series
2021 Bonds or the Parity Bonds herein authorized shall be created or incurred without the
prior written consent of the Owners of one hundred percent (100%) of the outstanding
Series 2021 Bonds or the Parity Bonds. In addition, no Parity Bonds payable on a parity
with the Series 2021 Bonds herein authorized out of Net Revenues shall be created or
incurred, unless the following requirements have been met:
(a) The Net Revenues of the System for any twelve (12) month period
within the twenty-four (24) month period immediately preceding the authentication
and delivery of the Parity Bonds were at least one hundred twenty-five percent
(125%) of the total principal, premium, if any, interest, if any, for said twelve (12)
month period on all of the outstanding Series 2021 Bonds and Parity Bonds secured
by the Net Revenues of the System which were then Outstanding.
(b) In the case of Parity Bonds issued for the purposes set forth in (e)(ii)
below, the Issuer shall deliver certificate at closing:
(i) setting forth the Estimated Net Revenues as herein described
(assuming, if applicable, the completion of any additions, improvements,
extensions, replacements or repairs to the System (collectively, the
“Improvements”) financed with proceeds of the Parity Bonds) either:
(A) for each of the two Sinking Fund Years succeeding
the latest estimated date of completion of the Improvements, if
proceeds of the Parity Bonds are used to fund interest during the
construction period, or
(B) if (i) is not the case, for the then current Sinking Fund
Year and each succeeding Sinking Fund Year to and including the
second Sinking Fund Year succeeding the latest estimated date of
completion of the Improvements; and
(ii) verifying that the Estimated Net Revenues as shown in (i)
above for each of such Sinking Fund Years are not less than one hundred
twenty-five percent (125%) of the aggregate Annual Debt Service for each
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of such Sinking Fund Years with respect to all of the Series 2021 Bonds and
Parity Bonds which would then be Outstanding (after taking into account
any principal reductions resulting from regularly scheduled principal or
sinking fund redemption payments) and the Parity Bonds so proposed to be
issued.
For purposes of this subsection (b), “Estimated Net Revenues” shall be determined
as follows:
(i) The total Net Revenues of the System for the most recent
twelve (12) month period immediately preceding the authentication and
delivery of the Parity Bonds in which such information is available to the
Issuer shall be first be determined. For purposes of these calculations,
Revenues may be adjusted to give full effect to rate increases implemented
prior to the issuance of the Parity Bonds.
(ii) Next, the additional Net Revenues, if any, resulting from the
Improvements financed with the proceeds of the Parity Bonds will be
estimated for the applicable Sinking Fund Years as determined in (b)(1)(i)
or (ii) above.
(iii) The Estimated Net Revenues will be the sum of the Net
Revenues as calculated in (a) above, plus eighty percent (80%) of the
estimated additional Net Revenues as calculated in (b) above.
(c) All payments required by this Master Resolution to be made into the
Bond Fund must have been made in full, and there must be in any reserve account
related to outstanding Bonds, the full amount required by this Master Resolution to
be accumulated therein at such time.
(d) The proceedings authorizing the Parity Bonds must establish a
reserve account into which shall be accumulated an amount, if any, required by the
proceedings authorizing the issuance of the Parity Bonds.
(e) The proceeds of the Parity 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) or (ii) to make additions,
improvements, extensions, replacements, or repairs to the System (including the
funding of necessary reserves and the payment of costs of issuance).
(f) No Event of Default shall have occurred and be continuing
hereunder. This paragraph (f) shall not preclude the issuance of Parity Bonds if (i)
the issuance of such Parity Bonds otherwise complies with the provisions hereof
and (ii) such Event of Default will cease to continue upon the issuance of the Parity
Bonds and the application of the proceeds thereof.
Section 3.09 Sale of Bonds; Authorization of Agreements. The Series 2021
Bonds shall be sold to the Purchaser at a price equal to $_________, representing the
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principal amount of the Series 2021 Bonds, less a Purchaser’s discount of $_____ in
accordance with the provisions of the Bond Purchase Agreement. The Mayor and City
Recorder are hereby authorized to execute and deliver the Bond Purchase Agreement on
behalf of the Issuer in substantially the form and with substantially the same content as
contained in Exhibit B attached hereto. The appropriate officers of the Issuer, including
without limitation the Mayor and City Recorder, are authorized to take all action necessary
or reasonably required by the Bond Purchase Agreement to carry out, give effect to and
consummate the transactions as contemplated thereby.
ARTICLE IV.
CREATION OF FUNDS AND ACCOUNTS
Section 4.01 Creation of Revenue Fund. There is hereby created and ordered
established with the Issuer a revenue fund in the name of the Issuer to be designated the
“City of Moab, Utah Wastewater and Water Revenue Fund” (herein defined as the
“Revenue Fund”). For accounting purposes, the Revenue Fund may be redesignated by
different account names by the Issuer from time to time.
Section 4.02 Creation of Bond Fund. There is hereby created and ordered
established in the custody of the Issuer a special fund in the name of the Issuer to be
designated the “City of Moab, Utah Wastewater and Water Revenue Bond Fund” (herein
defined as the “Bond Fund”).
ARTICLE V.
USE OF FUNDS
Section 5.01 Use of Revenue Fund. All Revenues shall be accounted for and
maintained by the Issuer in the Revenue Fund, which fund shall be kept separate and apart
from all other accounts of the Issuer and which shall be expended and used by the Issuer
only in the manner and order of priority specified below:
(a) As a first charge and lien on the Net Revenues, the Issuer shall, at
least 15 days prior to each Interest Payment Date, transfer and deposit into the Bond
Fund, from the Revenue Fund, an amount equal to:
(i) the interest falling due on the Series 2021 Bonds on the next
succeeding Interest Payment Date; plus
(ii) the principal and premium, if any, falling due on the next
succeeding Mandatory Sinking Fund Redemption Date or Maturity Date
established for the Series 2021 Bonds,
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 Series 2021 Bonds promptly
on each such Interest Payment Date, Mandatory Sinking Fund Redemption Date or
Maturity Date as the same become due and payable.
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(b) If moneys 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 in such account moneys sufficient in amount
to restore such account(s) within one year, or a ratable portion of remaining Net
Revenues if less than the full amount necessary,
(c) If moneys shall have been withdrawn from the Emergency Repair
and Replacement Fund is at any time funded in an amount less than the applicable
Emergency Repair and Replacement Requirement, the Issuer shall deposit in such
account moneys sufficient in amount to restore such account(s) within one year, or
a ratable portion of remaining Net Revenues if less than the full amount necessary,
(d) The Net Revenues remaining after the foregoing deposits and
transfers for each Interest Payment Date, may be used at any time for any other
lawful purpose.
Section 5.02 Use of Bond Fund.
(a) The Issuer shall make deposits, as and when received, as follows:
(i) all moneys payable by the Issuer as specified in Section 6.01
hereof shall be deposited into the Bond Fund in the order named;
(ii) all other moneys received by the Issuer hereunder when
accompanied by directions from the person depositing such moneys that
such moneys are to be paid into the Bond Fund, shall be deposited into the
Bond Fund.
(b) Moneys in the Bond Fund shall be expended solely for the following
purposes and in the following order of priority:
(i) the payment of principal of and interest on the Bonds as the
same become due; and
(ii) the payment of principal and interest accrued, if any, on the
Bonds as the same become due upon redemption prior to maturity and such
payments and redemption of Bonds in advance of their maturity shall be
accounted for separately by the Paying Agent from the payments made by
the Issuer pursuant to Subparagraph (i) of this Paragraph (b).
The Issuer shall withdraw sufficient funds from the Bond Fund to pay principal of
and interest on the Bonds as the same become due and payable and to make said funds so
withdrawn available to the Paying Agent and any paying agent for the purpose of paying
said principal and interest.
(c) After payment in full of the principal of and interest on all Bonds
issued hereunder (or after provision has been made for the payment thereof as
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provided herein so that such Bonds are no longer Outstanding); and the fees,
charges and expenses of any paying agent and any other amounts required to be
paid hereunder; all amounts remaining in the Bond Fund shall be paid to the Issuer.
Section 5.03 Investment of Funds. Any revenue surpluses or moneys in the Bond
Fund may be invested by the Issuer in Qualified Investments. Such investments shall be
held by the Issuer, and when the Issuer determines it necessary to use the moneys in the
Bond Fund for the purposes for which the Bond Fund was 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 Bond Fund shall
be maintained in said Fund and disbursed along with the other moneys on deposit therein
as herein provided.
ARTICLE VI.
APPLICATION OF PROCEEDS
Section 6.01 Transfer of Fund and Application of Proceeds of the Series 2021
Bonds.
(a) The Issuer shall deposit the proceeds from the sale of the Series 2021
Bonds in the amount of $__________shall be applied as follows:
(i) $__________ to finance the Series 2021 Project; and
(ii) The remaining amount to be deposited into the Series 2021
Cost of Issuance Account to pay costs of issuance; and
Section 6.02 Debt Service Reserve Requirement. For purposes of the Series
2021 Bonds, the Debt Service Reserve Requirement shall be $[0].
ARTICLE VII.
GENERAL COVENANTS
Section 7.01 General Covenants. The Issuer hereby covenants and agrees with
each and every holder of the Series 2021 Bonds issued hereunder the following:
(a) The Issuer covenants that it shall fund and expressly maintain as
provided herein all funds referenced herein until such time as the Series 2021 Bonds
have been paid in full.
(b) While any of the Series 2021 Bonds remain outstanding and unpaid,
any resolution or other enactment of the Governing Body of the Issuer, applying
the Revenues for the payment of the Bonds shall be irrevocable until the Bonds
have been paid in full, and shall not be subject to amendment or modification in
any manner which would impair the rights of the holders of the Bonds or which
would in any way jeopardize the timely payment of principal and interest when due.
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(c) The proceeds of the Series 2021 Bonds shall be segregated from all
other accounts of the Issuer and used, together with all investment earnings thereon,
to finance the Series 2018A Project and the Series 2021 Project. The Issuer shall
maintain a record of all earning and withdrawals from such account, along with
credible evidence of withdrawals as appropriate expenditures on the Series 2018A
Project and the Series 2021 Project and shall provide such records to each
Registered Owner upon each withdrawal and expenditure.
(d) The rates for all service supplied by the System to the Issuer and its
inhabitants and to all customers within or without the boundaries of the Issuer shall
be sufficient to provide Net Revenues for the retirement and/or redemption of the
Series 2021 Bonds and accrued interest thereon. There shall be no free service and
there shall be charged against all users of the System, including the Issuer, such
rates and amounts as shall be sufficient to provide Net Revenues for each fiscal
year of the Issuer of not less than 125% of the required debt service payments on
the Series 2021 Bonds for such fiscal year, plus an amount sufficient to fund the
Series 2021 Reserve Account in the time, rate and manner specified herein. All
Net Revenues, including those received from the Issuer, shall be subject to
distribution for the payment of the Operation and Maintenance Expenses of the
System and the payment of the Series 2021 Bonds and any Parity Bonds as
hereinabove provided.
(e) Each Bondholder shall have a right, in addition to all other rights
afforded it by the laws of Utah, to apply to and obtain from any court of competent
jurisdiction such decree or order as may be necessary to require the Issuer to charge
and collect reasonable rates for services supplied by the System sufficient to meet
all requirements of this Master Resolution.
(f) The Issuer will maintain the System in good condition and operate
the same in an efficient manner and at reasonable cost.
(g) The Issuer, in its operation of the System, will carry insurance,
including, but not limited to, workmen's compensation insurance, property and
public liability insurance, in such amounts and to such extent as is normally carried
by others operating public utilities of the same type. The cost of such insurance
shall be considered an Operation and Maintenance Expense of the System. In the
event of loss or damage, insurance proceeds shall be used first for the purpose of
restoring or replacing the property lost or damaged.
(h) The Issuer will not sell, lease, mortgage, encumber, or in any manner
dispose of the System or any substantial part thereof, including any and all
extensions and additions that may be made thereto, until all Series 2021 Bonds have
been paid in full, except that the Issuer may sell any portion of said property which
shall have been replaced by other property of at least equal value, or which shall
cease to be necessary for the efficient operation of the System and that such sale or
disposition shall not diminish or decrease Net Revenues.
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(i) The Issuer will from time to time duly pay and discharge or cause to
be paid all taxes, assessments and other governmental charges, if any, lawfully
imposed upon the System or any part thereof or upon the Revenues, as well as any
lawful claims for labor, materials or supplies which if unpaid might by law become
a lien or charge upon the System or the Revenues or any part thereof or which might
impair the security of the Series 2018 Bonds, except when the Issuer in good faith
contests its liability to pay the same.
(j) The Issuer will not grant a franchise for the operation of any
competing water system within its corporate limits, as long as the Series 2021
Bonds authorized herein remain outstanding.
(k) The Issuer, in order to assure the efficient management and
operation of the System and to assure the Bondholders from time to time that the
System will be operated on sound business principles, will employ competent and
experienced management for the System, will use its best efforts to see that the
System is at all times operated and maintained in first-class repair and condition
and in such manner that the operating efficiency thereof shall be of the highest
character, and will use its best efforts to see that Operation and Maintenance
Expenses are at no time in excess of the Revenues available for the payment thereof.
(l) Each Registered Owner 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 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. Each such audit, in addition to whatever matters may be thought
proper by the accounted to be included therein, shall include the following:
(i) A statement in detail of the income and expenditures of the
System for such fiscal year;
(ii) A balance sheet as of the end of such fiscal year;
(iii) The accountant’s comments regarding the manner in which
the Issuer has carried out the requirements of this Master Resolution, and
the accountant's recommendations for any change or improvement in the
operation of the System;
(iv) A list of the insurance policies in force at the end of the fiscal
year, setting out as to each policy, the amount of the policy, the risks
covered, the name of the insurer, and the expiration date of the policy;
(v) The number of parcels of property connected to the System
at the end of the fiscal year;
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(vi) An analysis of all funds created in this Master Resolution,
setting out all deposits and disbursements made during the fiscal year and
the amount in each fund at the end of the fiscal year;
(vii) The number of water and sewer connections within the
boundaries of the Issuer, and applications for water and sewer service on
hand at the end of the fiscal year;
(viii) The total billings for such fiscal year;
(ix) All schedules of rates and charges imposed for water and
sewer service during the fiscal year.
Such audit must be performed in accordance with generally accepted
government auditing standards and will be provided to the Bondholders when
available, but in no event later than 180 days after the end of said Bond Fund Year.
In addition, the Issuer shall provide to the Purchaser when available, but in no event
later than the first day of each Bond Fund Year, a copy of the Issuer’s budget for
such Bond Fund Year.
(m) The Issuer may consolidate the bills submitted for culinary water
and sewer service with those submitted for secondary water service for those
persons who are liable for the payment of charges for such services and require that
each such consolidated bill be paid in full as a unit and refuse to permit payment of
one portion without payment of the remainder. Any bill not paid within thirty (30)
days from the date it is mailed to the customer shall be deemed delinquent. The
Issuer hereby agrees that if any water bill remains delinquent for more than sixty
(60) days, it will initiate proceedings to cause all water service to the water user
concerned to be cut off immediately.
Section 7.02 First Lien Bonds; Equality of Liens. The Series 2021 Bonds
constitute an irrevocable first lien (but not necessarily an exclusive first lien) upon the Net
Revenues. The Issuer covenants that the Series 2021 Bonds and any Parity Bonds issued
and from time to time outstanding are equitably and ratably secured by a first lien on the
Net Revenues and shall not be entitled to any priority one over the other in the application
of the Net Revenues regardless of the time or times of the issuance of the Series 2021
Bonds and any other Parity Bonds, it being the intention of the Issuer that there shall be no
priority among the Bonds and any such additional parity first lien securities regardless of
the fact that they may be actually issued and delivered at different times.
Section 7.03 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 in strict conformity with the terms of the Bonds and this Master Resolution
according to the true intent and meaning hereof and thereof. The principal of and interest
on the Bonds are payable solely from the Net 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 payments are hereby specifically pledged and
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assigned to the payment thereof in the manner and to the extent herein specified, and
nothing in the Bonds or this Master Resolution should be considered as pledging any other
funds or assets of the Issuer for the payment of the Bonds except for the Net Revenues
pledged for such purpose hereunder.
Section 7.04 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 executed, authenticated and
delivered hereunder. The Issuer represents that it is duly authorized under the Constitution
of the State to issue the Series 2021 Bonds authorized hereby and to execute this Master
Resolution, that all actions on its part for the issuance of said Bonds and the execution and
delivery of this Master Resolution have been duly and effectively taken, and that said
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 7.05 List of Bondholders. The Registrar will keep on file at its principal
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. At reasonable times and under
reasonable regulations established by the Registrar, 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
Registrar.
Section 7.06 Designation of Additional Paying Agents. The Issuer hereby
covenants and agrees to cause the necessary arrangements to be made through the Paying
Agent 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 Paying Agent, or its
successor in trust hereunder, or at the office of said alternate paying agents.
Section 7.07 Tax Exemption of Series 2021 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 not to be includible in gross income for purposes of
federal income taxation under laws in force at the time the bonds are delivered. The Series
2021 Bonds issued pursuant to this Master Resolution, the interest on which is excludable
from gross income for federal income tax purposes, are referred to in this Section 7.07 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 nationally
recognized bond counsel that such action will not result in the interest on any tax-exempt
Bonds becoming includible in gross income for purposes of federal income taxes then in
effect.
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The Issuer’s Mayor, City Recorder, and other officers are hereby authorized and
directed to execute such certificates as shall be necessary to establish that the 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 tax exempt Bonds that no use will be made of the proceeds of the issue and sale of
such tax exempt Bonds, or any funds or accounts of the Issuer which may be deemed to be
available proceeds of such tax exempt 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 tax exempt Bonds, would have caused the tax
exempt 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 tax-exempt 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 the 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) will, to the
extent possible, comply with any other requirements of federal tax law applicable to the
tax exempt Bonds in order to preserve the exclusion from gross income for purposes of
federal income taxation of interest on such tax exempt Bonds.
Section 7.08 Instruments of Further Assurance. The Issuer, the Registrar and the
Paying Agent mutually covenant that they will, from time to time, each upon the written
request of the other, 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 Paying Agent, Registrar or members of the Council of
the Issuer or any official thereof.
Section 7.09 Covenant of State of Utah. In accordance with Section 11-14-
307(3) of the Act, the State of Utah pledges and agrees with the Owners of the Series 2021
Bonds that it will not alter, impair or limit the Revenues in a manner that reduces the
amounts to be rebated to the Issuer which are devoted or pledged herein until the Series
2021 Bonds, together with applicable interest, are fully met and discharged; provided,
however, that nothing shall preclude such alteration, impairment or limitation if and when
adequate provision shall be made by law for the protection of the Owners of the Series
2021 Bonds.
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ARTICLE VIII.
EVENTS OF DEFAULT; REMEDIES
Section 8.01 Events of Default. Each of the following events is hereby declared
an “Event of Default”:
(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 their 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
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custody or control shall not be terminated within 30 days from the date of
assumption of such custody or control; or
(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 on the part of the Issuer to be performed, other than as set forth
above in this Section 9.01, and such 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 Registered Owners of not less than 25% in
aggregate principal amount of the Bonds then Outstanding hereunder.
Section 8.02 Remedies; Rights of Registered Owners. Upon the occurrence of an
Event of Default, the Bondholders 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, plus attorneys’ fees.
No remedy by the terms hereof conferred upon or reserved to the Registered
Owners 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 Registered
Owners hereunder 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 shall extend to or shall affect any
subsequent Event of Default or shall impair any rights or remedies consequent thereon.
Section 8.03 Right of Registered Owners to Direct Proceedings. Anything
herein to the contrary notwithstanding, the Registered Owners of a majority in aggregate
principal amount of the Bonds then Outstanding shall have the right, at any time, to direct
the time, the 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 Master Resolution.
Section 8.04 Application of Moneys. All moneys received by the Paying Agent
pursuant to any right given or action taken under the provisions of this Article IX shall,
after payment of Paying Agent’s fees and expenses of the proceedings resulting in the
collection of such moneys and of the expenses, liabilities and advances incurred or made
by the Paying Agent, 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 as follows:
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(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, 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, with interest on such Bonds
from the respective dates upon which they become due, and, if the
amount available shall not be sufficient to pay in full Bonds due on
any particular date, together with such interest, 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.
(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, 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
over any other Bond, ratably, according to the amounts due respectively for
principal and interest, to the persons entitled thereto without any
discrimination or privilege.
Whenever moneys are to be applied pursuant to the provisions of this Section 9.04,
such moneys shall be applied at such times, and from time to time, as the Registered
Owners 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 Registered Owners shall apply such funds, they
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 8.05 Rights and Remedies of Registered Owners. Except as provided in
the last sentence of this Section 9.05, no Registered Owner of any Bond 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. No one or more Registered
Owner of the Bonds shall have any right in any manner whatsoever to affect, disturb or
prejudice the lien hereof by its, his or their action or to enforce any right hereunder except
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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. Nothing herein contained shall,
however, affect or impair the right of any Registered Owner 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 at the time, place, from the source and in the
manner in said Bonds expressed.
Section 8.06 Termination of Proceedings. In case one or more Registered Owner
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 Registered Owner, then and in every such
case the Issuer and the Registered Owner shall be restored to their former positions and
rights hereunder, and all rights, remedies and powers of the Registered Owner shall
continue as if no such proceedings had been taken.
Section 8.07 Waivers of Events of Default. The Registered Owners may in their
discretion waive any Event of Default hereunder and its consequences; provided, however,
that there shall not be waived (i) any Event of Default in the payment of the principal of
any Bonds at the date of maturity specified therein, 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 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 Registered Owners
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 and the Registered Owners
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 thereof.
ARTICLE IX.
SUPPLEMENTAL RESOLUTIONS
Section 9.01 Supplemental Resolutions Not Requiring Consent of Registered
Owners. Upon 30 days prior written notice to the Registered Bond Holders, the Issuer
may, without the consent of any of the Registered Owners, enter into a resolution or
resolutions supplemental hereto, as shall not be inconsistent with the terms and provisions
hereof, for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission herein;
(b) To grant to or confer upon the Registered Owners any additional
rights, remedies, powers or authority that may lawfully be granted to or conferred
upon the Registered Owners or any of them;
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(c) To pledge subject to this Master Resolution additional Revenues or
other revenues, properties, collateral or security; and
(d) To make any other change hereto which is not materially prejudicial
to the interests of the Registered Owners.
Section 9.02 Supplemental Resolutions Requiring Consent of Registered
Owners; Waivers and Consents by Registered Owners. Exclusive of Supplemental
Resolutions covered by Section 10.01 hereof and subject to the terms and provisions
contained in this Section 10.02, 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 of such other resolution or resolutions 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 Resolution, 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 resolution
supplemental hereto; provided, however, that nothing in this Section 10.02 contained shall
permit or be construed as permitting (a) an extension of the stated maturity 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 Resolution, or (d) the issuance of Additional
Bonds in accordance with Section 4.08 hereof, or (e) 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.
ARTICLE X.
DISCHARGE OF RESOLUTION
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 Paying Agent all sums of moneys due or to
become due according to the provisions hereof, then these presents and the estate and rights
hereby granted shall cease, terminate and be void, whereupon the Issuer shall cancel and
discharge the lien hereof, except moneys or securities held by the Issuer for the payment
of the principal of and interest on the Bonds.
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
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(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 Registered Owners, in trust and irrevocably setting aside exclusively
for such payment, (i) moneys sufficient to make such payment, or (ii) Government
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 any credit enhancer 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 Registered Owners. 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 Government Obligations.
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:
(a) instructed the Paying Agent to call for redemption pursuant hereto
any Bonds to be redeemed prior to maturity pursuant to Subparagraph (i) above;
and
(b) instructed the Paying Agent to mail, as soon as practicable, in the
manner prescribed by Section 4.05 hereof, a notice to the Registered Owners of
such Bonds that the deposit required by this Section has been made with the Paying
Agent 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 Subparagraph (i) above.
Any moneys so deposited with the Paying Agent as provided in this Article X may
at the direction of the Issuer also be invested and reinvested in Government Obligations,
maturing in the amounts and times as hereinbefore set forth, and all income from all
Government Obligations in the hands of the Paying Agent 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 Paying Agent shall first obtain a written verification from a certified public
accountant that the moneys remaining on deposit with the Paying Agent and invested in
Government 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.
Notwithstanding any provision of any other Article hereof which may be contrary
to the provisions of this Article X, all moneys or Government 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
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(including interest thereon) with respect to which such moneys or Government Obligations
have been so set aside in trust.
Anything in Article IX hereof to the contrary notwithstanding, if moneys or
Government Obligations have been deposited or set aside with the Paying Agent 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 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 11.01 Consents, Etc., of Registered Owners. Any consent, request,
direction, approval, objection or other instrument required hereby to be executed by the
Registered Owners may be in any number of concurrent writings of similar tenor and
maybe executed by such Registered Owners 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 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 11.02 Limitation of Rights. With the exception of rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Master Resolution
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 legal or equitable right, remedy or claim
under or in respect hereto or any covenants, conditions and provisions herein contained,
this Master Resolution 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 as herein provided.
Section 11.03 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.
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Section 11.04 Maintenance of Proceedings. A certified copy of this Master
Resolution and every amendatory or supplemental ordinance or resolution shall be kept on
file in the office of the City Recorder where it shall be made available for inspection by
any Bondholder or his agent. Upon payment of the reasonable cost of preparing the same,
a certified copy of this Master Resolution, any amendatory or supplemental ordinance or
resolution will be furnished to any Bondholder. The Bondholders may, by suit, action,
mandamus, injunction, or other proceedings, either at law or in equity, enforce or compel
performance of all duties and obligations required by this Master Resolution to be done or
performed by the Issuer. Nothing contained herein, however, shall be construed as
imposing on the Issuer any duty or obligation to levy any tax to pay the principal on the
Series 2021 Bonds authorized herein or to meet any obligation contained herein concerning
the Series 2021 Bonds.
Section 11.05 Defeasance of the Series 2021 Bonds. If the Issuer shall pay or
cause to be paid, or there shall be otherwise paid or provision for payment made to the
Registered Owner of the Series 2021 Bonds for the payments due or to become due thereon
at the times and in the manner stipulated therein, then the first lien pledge of the Net
Revenues under this Master Resolution and any and all estate, right, title and interest in
and to any of the funds and accounts created hereunder (except moneys or securities held
by a Depository Bank for the payment of the Series 2021 Bonds) shall be cancelled and
discharged.
Any Series 2021 Bond shall be deemed to be paid within the meaning of this
Section when payment of the Series 2021 Bonds (whether such due date be by reason of
maturity or upon prepayment or redemption as provided herein) shall have been made in
accordance with the terms thereof. At such time as the Series 2021 Bonds shall be deemed
to be paid hereunder, they shall no longer be secured by or entitled to the benefits hereof
(except with respect to the moneys and securities held by a Depository Bank for the
payment of the Series 2021 Bonds).
Section 11.06 Sale of Series 2021 Bonds Approved. The sale of the Series 2021
Bonds to the Purchaser, at par, is hereby ratified, confirmed, and approved.
Section 11.07 Bondholders not Responsible. The Bondholders shall not be
responsible for any liabilities incurred by the Issuer in the acquisition, construction or use
of the Series 2021 Project.
Section 11.08 Bonds Registrar and Paying Agent. The City Recorder is hereby
designated to act as Paying Agent and the Bond Registrar for and in respect to the Series
2021 Bonds.
Section 11.09 Notice of Series 2021 Bonds to be Issued. In accordance with the
provisions of the Act, the City Recorder has caused a “Notice of Public Hearing and Bonds
to be Issued” (the “Notice”) to be (a) published once a week for two consecutive weeks in
the Times Independent, a newspaper having general circulation in the Issuer, and has
caused a copy of the Parameters Resolution to be kept on file in the office of the City
Recorder for public examination during regular business hours at least thirty (30) days from
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and after the date of publication thereof, (b) posted on the Utah Public Notice Website
(http://pmn.utah.gov) created under Section 63F-l-701 Utah Code Annotated 1953, as
amended, and (c) posted on the Utah Legal Notices website (www.utahlegals.com) created
under Section 45-1-101, Utah Code Annotated 1953, as amended, no less than fourteen
(14) days prior to the hearing. Such notice is hereby reaffirmed and approved. In
accordance with the provisions of the Act and the Notice, a public hearing was held on
March 23, 2021, to receive input with respect to the issuance of the Series 2021 Bonds and
the potential economic impact that the Series 2021 Project will have on the private sector.
Section 11.10 Additional Certificates, Documents, and Other Papers. The
appropriate officials of the Issuer, and each of them, are hereby authorized and directed to
execute and deliver for and on behalf of the Issuer 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 Master
Resolution and the documents authorized and approved herein.
Section 11.11 Severability. If any section, paragraph, clause, or provision of this
Master Resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph, clause, or provision shall not affect any of
the remaining provisions of this Master Resolution. It is hereby declared by the Governing
Body of the Issuer that it is the intention of the Issuer by the adoption of this Master
Resolution to comply in all respects with the provisions of the Act.
Section 11.12 Resolutions in Conflict. All resolutions or parts thereof in conflict
with the provisions of this Master Resolution are, to the extent of such conflict, hereby
repealed.
Section 11.13 Effective Date of Resolution. This Master Resolution shall take
effect immediately upon its approval and adoption.
S-1
MASTER RESOLUTION
(SEAL)
By:
Mayor
ATTEST:
By:
City Recorder
A-1
EXHIBIT A
FORM OF BONDS
UNITED STATES OF AMERICA
STATE OF UTAH
CITY OF MOAB
WASTEWATER AND WATER REVENUE BOND, SERIES 2021
Number R - __ $______
Interest Rate Maturity Date Dated Date
Registered Owner: ___________________________________________.
Principal Amount: ______________________________________________NO/100
DOLLARS*************************************************
The City of Moab, Utah (“Issuer”), a political subdivision and body politic duly
organized and existing under the Constitution and laws of the State of Utah, for value
received, hereby acknowledges itself to be indebted and promises to pay to the Registered
Owner named above or registered assigns, out of the special fund hereinbelow designated
and not otherwise, the Principal Amount specified above on the Maturity Date specified
above with interest thereon until paid at the Interest Rate specified above per annum,
payable semiannually on __________ and __________ of each year commencing
__________, 2021 (each an “Interest Payment Date”), until said Principal Amount is paid.
Principal and premium, if any, shall be payable upon surrender of this Bond at the
designated offices of the City Recorder, as Paying Agent or its successors. Interest on this
Bond shall be payable by check or draft mailed to the Registered Owner hereof at his
address as it appears on the registration books of the Paying Agent, who shall also act as
the Registrar for the Issuer, or at such other address as is furnished to the Paying Agent in
writing by such Registered Owner. Interest hereon shall be deemed to be paid by the
Paying Agent when mailed. Both principal and interest shall be payable in lawful money
of the United States of America.
This Bond is one of an issue of Bonds of the Issuer designated as the “Wastewater
and Water Revenue Bonds, Series 2021” (the “Series 2021 Bonds”) in the aggregate
principal amount of $_________, of like tenor and effect, except as to date of maturity and
interest rate, numbered R-1 and upwards, issued by the Issuer pursuant to a Master
Resolution dated as of September 1, 2018 (the “2018 Master Resolution”) and a
Supplemental Master Resolution dated as of _________, 2021 (the “Supplemental Master
Resolution” and together with the 2018 Master Resolution, the “Master Resolution”),
approved by resolution adopted on February 23, 2021 (the “Bond Resolution”), for the
purpose of providing funds to (a) finance all or a portion of the costs of improvements to
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4827-4748-8477, v. 2
its wastewater and water systems (together, the “System”), including but not limited to, the
construction of a well and a water storage tank, water line improvements and all related
improvements (the “Series 2021 Project”) and pay costs of issuance with respect to the
Series 2021 Bonds, all in full conformity with the Constitution and laws of the State of
Utah.
All payments shall be made in any coin or currency which on the date of payment
is legal tender for the payment of debts due the United States of America. All payments
shall be applied first to interest and then to principal.
Both principal of and interest on this Bond and the issue of which it is a part are
payable solely from a special fund designated “City of Moab, Utah Wastewater and Water
Revenue Bond Fund” (the “Bond Fund”), into which fund, to the extent necessary to assure
prompt payment of the principal of and interest on the issue of which this is one and on all
series of bonds issued on a lien parity with this Bond shall be paid the Net Revenues as
defined in and more fully described and provided in the Master Resolution.
The Series 2021 Bonds shall be payable only from the Net Revenues and shall not
constitute a general indebtedness or pledge of the full faith and credit of the Issuer, within
the meaning of any constitutional or statutory provision or limitation of indebtedness.
This Series 2021 Bond is issued under and pursuant to the Local Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, and this Series 2021 Bonds
does not constitute a general obligation indebtedness of the Issuer within the meaning of
any state constitutional or statutory limitation. The issuance of the Series 2021 Bonds 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 or to make
any appropriation for their payment.
The Issuer covenants and agrees that, within the limits provided by law, it will cause
to be collected and accounted for sufficient Net Revenues as defined in the Master
Resolution as will at all times be sufficient to pay promptly the principal of and interest on
this Series 2021 Bonds and the issue of which it forms a part and to make all payments
required to be made into the Bond Fund, and to carry out all the requirements of the Master
Resolution.
It is hereby declared and represented that all acts, conditions and things required to
exist, happen and be performed precedent to and in the issuance of this Series 2021 Bonds
have existed, have happened and have been performed in regular and due time, form and
manner as required by law, that the amount of this Series 2021 Bonds, together with the
issue of which it forms a part, does not exceed any limitation prescribed by the Constitution
or statutes of the State of Utah, that the Net Revenues of the Issuer have been pledged and
that an amount therefrom will be set aside into a special fund by the Issuer sufficient for
the prompt payment of the principal of and interest on this Series 2021 Bonds and the issue
of which it forms a part, as authorized for issue under the Master Resolution, and that the
Net Revenues of the Issuer are not pledged, hypothecated or anticipated in any way other
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4827-4748-8477, v. 2
than by the issue of the Bonds of which this Series 2021 Bonds is one and all bonds issued
on a parity with this Series 2021 Bonds.
The Series 2021 Bonds shall be subject to redemption prior to maturity upon the
terms and notice described in the Master Resolution.
The issuance of this Bond shall not, directly, indirectly, or contingently, obligate
the Issuer or any agency, instrumentality or political subdivision thereof to levy any form
of taxation therefor or to make any appropriation for its payment.
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4827-4748-8477, v. 2
IN TESTIMONY WHEREOF, the Issuer has caused this Bond to be signed by its
Mayor and countersigned by its City Recorder under the corporate seal of said Issuer this
_____________, _____.
(SEAL)
By: (Do Not Sign)
Mayor
COUNTERSIGN:
By: (Do Not Sign)
City Recorder
B-1
EXHIBIT B
FORM OF BOND PURCHASE AGREEMENT
EXHIBIT C
BOND PURCHASE AGREEMENT
CITY OF MOAB, UTAH
$________
WASTEWATER AND WATER REVENUE BONDS
SERIES 2021
____________, 2021
City of Moab, Utah
217 East Center
Moab, Utah 84532
The undersigned, ______________ (the “Purchaser”), offers to purchase from the
City of Moab, Utah (the “Issuer”), $___________ in aggregate principal amount of
Wastewater and Water Revenue Bonds, Series 2021 (the “Bonds”) issued under a Master
Resolution, dated as of September 1, 2018, as supplemented by a Supplemental Master
Resolution dated as of _________, 2021 (together, the “Master Resolution”) with delivery
and payment at the offices of Gilmore & Bell, P.C. in Salt Lake City, Utah, based upon the
covenants, representations, and warranties set forth below.
• Upon the terms and conditions and upon the basis of the representations set forth
herein, the Purchaser hereby agrees to purchase from the Issuer, and the Issuer
hereby agrees to sell and deliver to the Purchaser, the Bonds. Exhibit 1, which is
hereby incorporated by reference into this Bond Purchase Agreement (the
“Purchase Agreement”), contains a brief description of the Bonds, the manner of
their issuance, the purchase price to be paid for, and the expected date of delivery
and payment.
• You represent and covenant to the Purchaser that (a) you have as of the closing of
the Bonds on the date hereof (the “Closing”), the power and authority to enter into
and perform this Purchase Agreement and the Master Resolution; (b) to adopt the
Resolution dated February 23, 2021 (the “Resolution”) that authorized the delivery
and sale of the Bonds to the Purchaser pursuant to the terms and conditions set forth
in this Purchase Agreement and the Master Resolution; (c) this Purchase
Agreement, the Master Resolution and the Bonds do not and will not conflict with
or create a breach or default under any existing law, regulation, order, or agreement
to which the Issuer is subject; (d) no governmental approval or authorization other
than the Resolution is required in connection with the sale of the Bonds to the
Purchaser; (e) this Purchase Agreement, the Master Resolution and the Bonds are
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4845-4015-9965, v. 1
legal, valid, and binding obligations of the Issuer enforceable in accordance with
their respective terms, subject only to applicable bankruptcy, insolvency, or other
similar laws generally affecting creditors’ rights; and (f) there is no action, suit,
proceeding, inquiry, or investigation, at law or in equity, before or by any court,
public board, or body, pending or, to the knowledge of the Issuer, threatened against
or affecting the Issuer or affecting the corporate existence of the Issuer or the titles
of its officers to their respective offices or seeking to prohibit, restrain, or enjoin
the sale, issuance, or delivery of the Bonds or in any way contesting or affecting
the transactions contemplated hereby or the validity or enforceability of the Bonds,
the Resolution, the Master Resolution or this Purchase Agreement, or contesting
the powers of the Issuer or any authority for the issuance, sale and delivery of the
Bonds (as such term is defined in the Master Resolution), the adoption of the
Resolution, the execution and delivery of the Master Resolution and this Purchase
Agreement or the Bonds or the Issuer’s legal right, power and authority to collect,
receive and pledge the Net Revenues or Pledge Revenues (as such terms are defined
in the Master Resolution).
• As conditions to the Purchaser’s obligations hereunder:
• From June 30, 2020 to the date of Closing, there shall not have been any (i) material
adverse change in the financial condition or general affairs of the Issuer; (ii) event,
court decision, proposed law, or rule which may have the effect of changing the
federal income tax incidents of the Issuer or the owner of the Bonds or the interest
thereon or the transactions contemplated by this Purchase Agreement; or (iii)
international or national crisis, suspension of stock exchange trading, or banking
moratorium materially affecting, in the Purchaser’s reasonable opinion, the market
price of the Bonds.
• At the Closing, the Issuer will deliver or make available to the Purchaser:
• The Bonds, in definitive form and the Master Resolution duly executed;
• A certificate from authorized officers of the Issuer, in form and substance
acceptable to the Purchaser, to the effect that the representations and
information of the Issuer contained in this Purchase Agreement are true and
correct when made and as of the Closing;
• The approving opinion of the Issuer’s counsel, satisfactory to the Purchaser
and Bond Counsel;
• The approving opinion of Gilmore & Bell, P.C., Bond Counsel, in standard
form dated the date of Closing, relating to the legality and validity of the
Bonds and the excludability of interest on the Bonds from gross income of
the holders thereof for federal income tax purposes; and
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• Such additional certificates, instruments, and other documents as the
Purchaser may deem necessary with respect to the issuance and sale of the
Bonds, all in form and substance satisfactory to the Purchaser.
• The Issuer will pay the cost of the fees and disbursements of counsel to the Issuer,
counsel to the Purchaser (in an amount up to $_____) and Bond Counsel.
• This Purchase Agreement is intended to benefit only the parties hereto, and the
Issuer’s representations and warranties shall survive any investigation made by or
for the Purchaser, delivery, and payment for the Bonds, and the termination of this
Purchase Agreement.
• The Purchaser hereby represents that they are acquiring the Bonds for their own
account, and not with a view to, or for sale in connection with, any distribution of
the Bonds or any part thereof. The Purchaser has not offered to sell, solicited offers
to buy, or agreed to sell the Bonds or any part thereof, and has no present intention
of reselling or otherwise disposing of the Bonds.
• The Bonds will not be (i) assigned a specific rating by any rating agency, (ii)
registered with The Depository Trust Company or any other securities depository,
(iii) issued pursuant to any type of official statement, private placement
memorandum or other offering document, or (iv) assigned a CUSIP number by
Standard & Poor’s CUSIP Service.
• The Issuer acknowledges and agrees that (i) the purchase of the Bonds pursuant to
this Purchase Agreement is an arm’s-length commercial transaction between the
Issuer and the Purchaser, (ii) in connection with such transaction, the Purchaser is
acting solely as a principal and not as an agent or a fiduciary of the Issuer, (iii) the
Purchaser has not assumed (individually or collectively) an advisory or fiduciary
responsibility in favor of the Issuer with respect to the Bonds, (iv) the Purchaser
has financial and other interests that differ from those of the Issuer, and (v) the
Issuer has consulted with its own legal and financial advisors to the extent it deemed
appropriate in connection with the Bonds.
S-1
Sincerely,
______________________
By:
Its: ________________________________
ACCEPTED ON BEHALF OF:
CITY OF MOAB, UTAH
By:
Mayor
ATTEST AND COUNTERSIGN:
By:
City Recorder
C-1
EXHIBIT 1
DESCRIPTION OF BONDS
1. Par Amount: $____
2. Purchase Price: $____
3. Purchaser’s Counsel Fee: $____
4. Accrued Interest: $-0-
5. Interest Payment Date: _____ and _______, beginning _________
6. Dated Date: Closing Date
7. Form: Registered Bonds
8. Closing Date: __________, 2021
9. Redemption: [The Bonds are subject to optional redemption as set forth in the
Master Resolution.]
10. Bank Designation: [Bonds are Bank Qualified]
11. Mandatory Sinking Fund Schedule:
Mandatory Sinking Fund Date
(___________)
Principal
Amount
___________________
*Final Maturity Date
Moab, Utah
February 23, 2021
The City Council (the “Council”) of the City of Moab, Utah, (the “Issuer”) met in
regular public session by electronic means, on Tuesday, February 23, 2021, at the hour of
7:00 p.m., with the following members of the Council being present:
Emily Niehaus Mayor
Rani Derasary Councilmember
Mike Duncan Councilmember
Karen Guzman-Newton Councilmember
Kalen Jones Councilmember
Tawny Knuteson-Boyd Councilmember
Also present:
Sommar Johnson City Recorder
Absent:
After the meeting had been duly called to order and after other matters not pertinent
to this resolution had been discussed, there was presented to the Council a Certificate of
Compliance with Open Meeting Law with respect to this February 23, 2021, 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:
AYE:
NAY:
The resolution is as follows:
2
4826-2656-4828, v. 2
RESOLUTION NO. 04-2021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOAB,
UTAH (THE “ISSUER”), AUTHORIZING THE ISSUANCE AND SALE
OF NOT MORE THAN $8,500,000 AGGREGATE PRINCIPAL
AMOUNT OF SALES TAX REVENUE AND REFUNDING BONDS,
SERIES 2021 (THE “SERIES 2021 BONDS”); FIXING THE MAXIMUM
AGGREGATE PRINCIPAL AMOUNT OF THE SERIES 2021 BONDS,
THE MAXIMUM NUMBER OF YEARS OVER WHICH THE SERIES
2021 BONDS MAY MATURE, THE MAXIMUM INTEREST RATE
WHICH THE SERIES 2021 BONDS MAY BEAR, AND THE
MAXIMUM DISCOUNT FROM PAR AT WHICH THE SERIES 2021
BONDS MAY BE SOLD; DELEGATING TO CERTAIN OFFICERS OF
THE ISSUER THE AUTHORITY TO APPROVE THE FINAL TERMS
AND PROVISIONS OF THE SERIES 2021 BONDS WITHIN THE
PARAMETERS SET FORTH HEREIN; PROVIDING FOR THE
PUBLICATION OF A NOTICE OF PUBLIC HEARING AND BONDS
TO BE ISSUED; PROVIDING FOR THE RUNNING OF A CONTEST
PERIOD AND SETTING OF A PUBLIC HEARING DATE;
AUTHORIZING AND APPROVING THE EXECUTION OF A MASTER
RESOLUTION, A BOND PURCHASE AGREEMENT, 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 City Council (the “Council”) of the City of Moab, Utah (the
“Issuer”) desires to (a) finance all or a portion of the cost of the construction of an
affordable multi-family housing complex and all related improvements (the “Series 2021
Project”), (b) refund certain outstanding obligations of the Issuer (the “Refunded
Obligations”), (c) fund any necessary debt service reserve funds, and (d) pay costs of
issuance with respect to the Series 2021 Bonds herein described; and
WHEREAS, to accomplish the purposes set forth in the preceding recital, and
subject to the limitations set forth herein, the Issuer desires to issue its Sales Tax Revenue
and Refunding Bonds, Series 2021 (the “Series 2021 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 Issuer), pursuant to (a) the Local Government Bonding Act, Title 11,
Chapter 14, Utah Code Annotated 1953, as amended and the Utah Refunding Bond Act,
Title 11, Chapter 27, Utah Code Annotated 1953, as amended (together, the “Act”), (b)
this Resolution, and (c) a Master Resolution (the “Master Resolution”), in substantially the
form presented to the meeting at which this Resolution was adopted and which is attached
hereto as Exhibit B; and
WHEREAS, the Act provides that prior to issuing bonds, 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 bonds and (ii) the potential economic
3
4826-2656-4828, v. 2
impact that the improvement, facility or property for which the bonds pay all or part of the
cost will have on the private sector; and
WHEREAS, the Issuer desires to call a public hearing for this purpose and to
publish a notice of such hearing with respect to the Series 2021 Bonds, including a notice
of bonds to be issued, in compliance with the Act; and
WHEREAS, the Issuer desires to approve and authorize a Bond Purchase
Agreement (the “Bond Purchase Agreement”), in substantially the form attached hereto as
Exhibit C, to be entered into between the Issuer and underwriter or purchaser (the
“Purchaser”) selected by the Issuer for the Series 2021 Bonds; and
WHEREAS, in order to allow the Issuer flexibility in setting the pricing date of the
Series 2021 Bonds to optimize debt service costs to the Issuer, the Council desires to grant
to any one of the Mayor or Mayor pro tem (together, the “Mayor”) or the City Manager
(collectively, the “Designated Officers”), the authority to (a) approve the principal
amounts, interest rates, terms, maturities, redemption features, and purchase price at which
the Series 2021 Bonds shall be sold and 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”), (b) select the outstanding obligations of the Issuer to be refunded, and (c)
pursue the refunding of the Refunded Obligations if such refunding will result in a savings
to the Issuer;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Moab,
Utah, as follows:
Section 1. For the purpose of (a) financing the Series 2021 Project, (b)
refunding the Refunded Obligations, (c) funding a deposit to a debt service reserve fund,
if necessary, and (d) paying costs of issuance of the Series 2021 Bonds, the Issuer hereby
authorizes the issuance of the Series 2021 Bonds which shall be designated “City of Moab,
Utah Sales Tax Revenue and Refunding Bonds, Series 2021” (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 Issuer) in the aggregate principal amount of not to exceed $8,500,000.
The Series 2021 Bonds shall mature in not more than twenty (20) years from their date or
dates, shall be sold at a price not less than ninety-eight percent (98%) of the total principal
amount thereof, shall bear interest at a rate or rates of not to exceed three percent (3.0%)
per annum, as shall be approved by the Designated Officers, all within the Parameters set
forth herein.
Section 2. The Designated Officers are hereby authorized to select the
Purchaser and specify and agree as to the method of sale, the final principal amounts, terms,
discounts, maturities, interest rates, redemption features, and purchase price with respect
to the Series 2021 Bonds for and on behalf of the Issuer, provided that such terms are within
the Parameters set by this Resolution. The selection of the method of sale, the selection of
the Purchaser, the selection of the outstanding obligations of the Issuer to be refunded, the
determination that the refunding of the Refunded Obligations will result in a savings to the
Issuer and the determination of the final terms and redemption provisions for the Series
4
4826-2656-4828, v. 2
2021 Bonds by the Designated Officers shall be evidenced by the execution of the Bond
Purchase Agreement in substantially the form attached hereto as Exhibit C, or a term sheet
if the selected Purchaser prefers.
Section 3. The Master Resolution and the Bond Purchase Agreement in
substantially the forms presented to this meeting and attached hereto as Exhibits B and C,
respectively, are hereby authorized, approved, and confirmed. The Mayor and City
Recorder are hereby authorized to execute and deliver the Master Resolution and the Bond
Purchase Agreement in substantially the forms and with substantially the content as the
forms presented at this meeting for and on behalf of the Issuer, 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 4. The Designated Officers or other appropriate officials of the Issuer
are authorized to make any alterations, changes or additions to the Master Resolution, the
Series 2021 Bonds, the Bond Purchase Agreement, or any other document herein
authorized and approved which may be necessary to conform the same to the final terms
of the Series 2021 Bonds (within the Parameters set by this Resolution), to conform to any
applicable bond insurance or reserve instrument or to remove the same, 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 on behalf of the Issuer 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 5. The form, terms, and provisions of the Series 2021 Bonds and the
provisions for the signatures, authentication, payment, registration, transfer, exchange,
redemption, and number shall be as set forth in the Master Resolution. The Mayor and the
City Recorder are hereby authorized and directed to execute and seal the Series 2021 Bonds
and to deliver or provide for the delivery of said Series 2021 Bonds to the Purchaser. The
signatures of the Mayor and the City Recorder may be by facsimile or manual execution.
Section 6. Upon their issuance, the Series 2021 Bonds will constitute special
limited obligations of the Issuer payable solely from and to the extent of the sources set
forth in the Series 2021 Bonds and the Master Resolution. No provision of this Resolution,
the Master Resolution, the Series 2021 Bonds, or any other instrument, shall be construed
as creating a general obligation of the Issuer, 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 Issuer or its ad valorem taxing powers.
Section 7. The Designated Officers and other appropriate officials of the
Issuer, and each of them, are hereby authorized and directed to execute and deliver for and
on behalf of the Issuer any or all additional certificates, documents and other papers
(including, without limitation, any escrow agreement permitted under the Master
Resolution and tax compliance procedures) and to perform all other acts they may deem
5
4826-2656-4828, v. 2
necessary or appropriate in order to implement and carry out the matters authorized in this
Resolution and the documents authorized and approved herein.
Section 8. After the Series 2021 Bonds are delivered to the 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 2021 Bonds are deemed to have
been duly discharged in accordance with the terms and provisions of the Master Resolution.
Section 9. The Issuer shall hold a public hearing on March 23, 2021 to receive
input from the public with respect to (a) the issuance of the Series 2021 Bonds issued under
the Act, and (b) the potential economic impact that the improvements to be financed with
the proceeds of the Series 2021 Bonds issued under the Act will have on the private sector,
which hearing date shall not be less than fourteen (14) days after notice of the public
hearing is first published and such publication shall be made (i) once a week for two
consecutive weeks in the Times Independent, a newspaper of general circulation in the
Issuer, (ii) on the Utah Public Notice Website created under Section 63F-1-701, Utah Code
Annotated 1953, as amended, and (iii) on the Utah Legal Notices website
(www.utahlegals.com) created under Section 45-1-101, Utah Code Annotated 1953, as
amended. The City Recorder shall cause a copy of this Resolution (together with all
exhibits hereto) to be kept on file in the Issuer’s offices, for public examination during the
regular business hours of the Issuer until at least thirty (30) days from and after the last
date of the newspaper publication thereof. The Issuer directs its officers and staff to publish
a “Notice of Public Hearing and Bonds to be Issued” in substantially the following form:
6
4826-2656-4828, v. 2
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 February 23, 2021, the City Council (the “Council”) of the City of Moab, Utah (the
“Issuer”), adopted a resolution (the “Resolution”) in which it authorized the issuance of the
Issuer’s Sales Tax Revenue and Refunding Bonds, Series 2021 (the “Series 2021 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.
TIME, PLACE, LOCATION AND PURPOSE OF PUBLIC HEARING
The Issuer shall hold a public hearing on March 23, 2021, at the hour of 7:00 p.m.
by electronic means. The public may view the Issuer’s electronic public hearing by
viewing the Issuer’s YouTube channel: https://www.youtube.com/MoabCityGovernment.
The purpose of the hearing is to receive input from the public with respect to (a) the
issuance of the Series 2021 Bonds and (b) any potential economic impact that the project
to be financed with proceeds of the Series 2021 Bonds may have on the private sector. All
members of the public are invited to attend electronically and participate. Call-in
information to make comments during the public hearing can be found on the agenda at:
https://moabcity.org/AgendaCenter/City-Council-1.
PURPOSE FOR ISSUING THE SERIES 2021 BONDS
The Series 2021 Bonds will be issued for the purpose of (a) financing all or a portion
of the cost of construction of an affordable multi-family housing complex, and all related
improvements (the “Series 2021 Project”), (b) refunding certain outstanding obligations of
the Issuer, (c) funding any debt service reserve funds, as necessary, and (d) paying costs of
issuance of the Series 2021 Bonds.
PARAMETERS OF THE SERIES 2021 BONDS
The Issuer intends to issue the Series 2021 Bonds in the aggregate principal amount
of not more than Eight Million Five Hundred Thousand Dollars ($8,500,000), to mature in
not more than twenty (20) years from their date or dates, to be sold at a price not less than
ninety-eight percent (98%) of the total principal amount thereof, and bearing interest at a
rate or rates not to exceed three percent (3.0%) per annum. The Series 2021 Bonds are to
be issued and sold by the Issuer pursuant to the Resolution, including as part of said
Resolution, a Master Resolution (the “Master Resolution”) which were before the Council
in substantially final form at the time of the adoption of the Resolution and said Master
Resolution is to be executed by the Issuer in such form and with such changes thereto as
shall be approved by the Issuer; provided that the principal amount, interest rate or rates,
maturity, and discount of the Series 2021 Bonds will not exceed the maximums set forth
above. The Issuer reserves the right to not issue the Series 2021 Bonds for any reason and
at any time up to the issuance of the Series 2021 Bonds.
7
4826-2656-4828, v. 2
REVENUES PROPOSED TO BE PLEDGED
The Issuer proposes to pledge 100% of the local sales and use tax revenues received
by the Issuer pursuant to the Local Sales and Use Tax Act, Title 59, Chapter 12, Part 2 of
the Utah Code for the payment of the Series 2021 Bonds (the “Revenues”).
OUTSTANDING BONDS SECURED BY PLEDGED TAXES
The Issuer currently has $3,739,000 of 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/searchreport. For additional information, including any
information more recent than as of the date of the Financial Report, please contact Joel
Linares, City Manager at (435) 259-5121.
TOTAL ESTIMATED COST OF BONDS
Based on the Issuer’s current plan of finance and a current estimate of interest rates,
the total principal and interest cost of the Series 2021 Bonds, if held until maturity, is
$9,797,209.30.
A copy of the Resolution and the form of the Master Resolution are on file in the
office of the Moab City Recorder, 217 East Center Street, Moab, Utah, where they may be
examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m.
Monday through Friday, for a period of at least thirty (30) days from and after the date of
publication of this notice.
NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after the
date of the publication of this notice is provided by law during which (i) any person in
interest shall have the right to contest the legality of the Resolution, the Master Resolution
(as it pertains to the Series 2021 Bonds), or the Series 2021 Bonds, or any provision made
for the security and payment of the Series 2021 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 and (ii) registered voters within the City of Moab, Utah may sign a
written petition requesting an election to authorize the issuance of the Series 2021 Bonds.
If written petitions which have been signed by at least 20% of the registered voters of the
City of Moab, Utah are filed with the Issuer during said 30-day period, the Issuer shall be
required to hold an election to obtain voter authorization prior to the issuance of the Series
2021 Bonds. If fewer than 20% of the registered voters of the City of Moab, Utah file a
written petition during said 30-day period, the Issuer may proceed to issue the Series 2021
Bonds without an election.
DATED this February 23, 2021.
/s/Sommar Johnson
City Recorder
8
4826-2656-4828, v. 2
Section 10. The Issuer hereby reserves the right to opt not to issue the Series
2021 Bonds for any reason, including without limitation, consideration of the opinions
expressed at the public hearing.
Section 11. 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 12. The Issuer 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 2021 Project. The Series 2021 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 2021
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 2021 Bonds
which will be issued to finance the reimbursed costs of the Series 2021 Project is not
expected to exceed $8,500,000.
9
4826-2656-4828, v. 2
APPROVED AND ADOPTED this February 23, 2021.
(SEAL)
By:_________________________________
Mayor
ATTEST:
By:
City Recorder
10
4826-2656-4828, v. 2
(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.
(SEAL)
By:_________________________________
Mayor
ATTEST:
By:
City Recorder
11
4826-2656-4828, v. 2
STATE OF UTAH )
: ss.
COUNTY OF GRAND )
I, Sommar Johnson, the duly appointed and qualified City Recorder of the City of
Moab, Utah (the “City”), do hereby certify according to the records of the City Council of
the City (the “City Council”) in my official possession that the foregoing constitutes a true
and correct excerpt of the minutes of the meeting of the City Council held on February 23,
2021, including a resolution (the “Resolution”) adopted at said meeting as 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 February 23, 2021, and pursuant to the Resolution, there will be published a
Notice of Public Hearing and Bonds to be Issued no less than fourteen (14) days before the
public hearing date: (a) once a week for two consecutive weeks in the Times Independent,
a newspaper having general circulation within the City, the affidavit of which publication
will be attached upon availability, (b) on the Utah Public Notice Website created under
Section 63F-1-701, Utah Code Annotated 1953, as amended and (c) on the Utah Legal
Notices website (www.utahlegals.com) created under Section 45-1-101, Utah Code
Annotated 1953, as amended.
IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed
hereon the official seal of said City, this February 23, 2021.
(SEAL)
By:
City Recorder
A-1
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH
OPEN MEETING LAW
I, Sommar Johnson, the undersigned City Recorder of the City of Moab, Utah (the
“City”), do hereby certify, according to the records of the City in my official possession,
and upon my own knowledge and belief, that in accordance with the requirements of
Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than twenty-
four (24) hours public notice of the agenda, date, time and place of the February 23, 2021,
public meeting held by the City Council of the City (the “City Council”) as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the principal offices of the City on February ___, 2021, 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;
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be delivered to the Times Independent on February ___, 2021, at
least twenty-four (24) hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov)
at least twenty-four (24) hours prior to the convening of the meeting.
In addition, the Notice of 2021 Annual Meeting Schedule for the City Council
(attached hereto as Schedule 2) was given specifying the date, time, and place of the regular
meetings of the City Council to be held during the year, by causing said Notice to be (a)
posted on _______________, at the principal office of the City Council, (b) provided to at
least one newspaper of general circulation within the City on _______________, and (c)
published on the Utah Public Notice Website (http://pmn.utah.gov) during the current
calendar year.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
February 23, 2021.
(SEAL)
By:
City Recorder
A-2
4826-2656-4828, v. 2
SCHEDULE 1
NOTICE OF MEETING
A-3
4826-2656-4828, v. 2
SCHEDULE 2
ANNUAL MEETING SCHEDULE
A-4
4826-2656-4828, v. 2
(attach Proof of Publication of
Notice of Public Hearing and Bonds to be Issued)
SUPPLEMENTAL MASTER RESOLUTION
OF
CITY OF MOAB, UTAH
AS ISSUER
DATED AS OF
___________, 2021
EXHIBIT B
i
Table of Contents
ARTICLE I. DEFINITIONS ...............................................................................................1
Section 1.01 Definitions....................................................................................................1
Section 1.02 Master Resolution to Constitute Contract ....................................................5
Section 1.03 Construction. ................................................................................................5
ARTICLE II. ISSUANCE OF SERIES 2021 BONDS .......................................................5
Section 2.01 Principal Amount, Designation, Series, and Interest Rate ...........................5
Section 2.02 Date and Maturities ......................................................................................6
Section 2.03 Optional Redemption and Redemption Prices. ............................................6
Section 2.04 Execution and Delivery of the Series 2021 Bonds ......................................7
ARTICLE III. SERIES 2021 BOND PROVISIONS ..........................................................7
Section 3.01 Execution; Limited Obligation. ...................................................................7
Section 3.02 Authentication and Delivery of Series 2021 Bonds. ....................................7
Section 3.03 Mutilated, Lost, Stolen or Destroyed Bonds. ...............................................8
Section 3.04 Registration of Bonds; Persons Treated as Owners. ....................................9
Section 3.05 Notice of Redemption. ...............................................................................10
Section 3.06 Cancellation. ..............................................................................................10
Section 3.07 Nonpresentation of Bonds..........................................................................10
Section 3.08 Additional Bonds. ......................................................................................10
Section 3.09 Sale of Bonds; Authorization of Agreements. ...........................................11
ARTICLE IV. CREATION OF FUNDS AND ACCOUNTS ...........................................12
Section 4.01 Creation of Revenue Fund. ........................................................................12
Section 4.02 Creation of Bond Fund...............................................................................12
ARTICLE V. USE OF FUNDS .........................................................................................12
Section 5.01 Use of Revenue Fund. ................................................................................12
Section 5.02 Use of Bond Fund. .....................................................................................13
Section 5.03 Investment of Funds. ..................................................................................13
ARTICLE VI. APPLICATION OF PROCEEDS ..............................................................14
Section 6.01 Transfer of Fund and Application of Proceeds of the Series 2021 Bonds. 14
Section 6.02 Debt Service Reserve Requirement. ..........................................................14
ARTICLE VII. GENERAL COVENANTS ......................................................................14
Section 7.01 General Covenants .....................................................................................14
Section 7.02 First Lien Bonds; Equality of Liens. ..........................................................15
Section 7.03 Payment of Principal and Interest. .............................................................15
ii
4836-2285-7437, v. 2
Section 7.04 Performance of Covenants; Issuer. ............................................................15
Section 7.05 List of Bondholders....................................................................................15
Section 7.06 Designation of Additional Paying Agents. ................................................16
Section 7.07 Tax Exemption of Series 2021 Bonds. ......................................................16
Section 7.08 Instruments of Further Assurance. .............................................................17
Section 7.09 Covenant of State of Utah. .........................................................................17
ARTICLE VIII. EVENTS OF DEFAULT; REMEDIES ..................................................17
Section 8.01 Events of Default. ......................................................................................17
Section 8.02 Remedies; Rights of Registered Owners. ..................................................18
Section 8.03 Right of Registered Owners to Direct Proceedings. ..................................19
Section 8.04 Application of Moneys. .............................................................................19
Section 8.05 Rights and Remedies of Registered Owners. .............................................20
Section 8.06 Termination of Proceedings. ......................................................................20
Section 8.07 Waivers of Events of Default. ....................................................................20
ARTICLE IX. SUPPLEMENTAL RESOLUTIONS ........................................................21
Section 9.01 Supplemental Resolutions Not Requiring Consent of Registered Owners.
21
Section 9.02 Supplemental Resolutions Requiring Consent of Registered Owners;
Waivers and Consents by Registered Owners. ..........................................21
ARTICLE X. DISCHARGE OF RESOLUTION ..............................................................22
ARTICLE XI. MISCELLANEOUS ..................................................................................23
Section 11.01 Consents, Etc., of Registered Owners. .......................................................23
Section 11.02 Limitation of Rights. ..................................................................................24
Section 11.03 Severability. ...............................................................................................24
Section 11.04 Maintenance of Proceedings. .....................................................................24
Section 11.05 Defeasance of the Series 2021 Bonds. .......................................................24
Section 11.06 Sale of Series 2021 Bonds Approved. .......................................................25
Section 11.07 Bondholders not Responsible. ...................................................................25
Section 11.08 Bonds Registrar and Paying Agent. ...........................................................25
Section 11.09 Notice of Series 2021 Bonds to be Issued. ................................................25
Section 11.10 Additional Certificates, Documents, and Other Papers. ............................25
Section 11.11 Severability. ...............................................................................................25
Section 11.12 Resolutions in Conflict. .............................................................................25
Section 11.13 Effective Date of Resolution. .....................................................................26
EXHIBIT A FORM OF BONDS ........................................................................................1
EXHIBIT B 1FORM OF BOND PURCHASE AGREEMENT ......................................1
SUPPLEMENTAL MASTER RESOLUTION
WHEREAS, the Local Government Bonding Act, Title 11, Chapter 14, Utah Code
Annotated 1953, as amended and the Utah Refunding Bond Act, Title 11, Chapter 27, Utah
Code Annotated 1953, as amended (together, the “Act”), authorizes the issuance of non-
voted sales tax revenue bonds payable solely from the sales tax revenues of cities, towns
or counties, levied and collected by the said government entity or levied by the State of
Utah and rebated pursuant to law; and
WHEREAS, the Issuer has previously issued its Sales Tax Revenue Bonds, Series
2003, pursuant to a bond resolution dated as of October 14, 2003 (the “2003 Bond
Resolution”); its Taxable Sales Tax Revenue Bonds, Series 2009 pursuant to a bond
resolution dated as of August 11, 2009 (the “2009 Bond Resolution”) and its Sales Tax
Revenue Bonds, Series 2018 pursuant to a master resolution dated as of October 1, 2018
(the “2018 Master Resolution” and collectively with the 2003 Bond Resolution and the
2009 Bond Resolution, the “Prior Master Resolution”); and
WHEREAS, the Issuer desires to (a) finance all or a portion of the cost of
construction of an affordable multi-family housing complex and all related improvements
(collectively, the “Series 2021 Project”) and (b) pay costs of issuance with respect to the
Series 2021 Bonds, through the issuance of Sales Tax Revenue Bonds, Series 2021 (the
“Series 2021 Bonds”) in an aggregate principal amount of $_________; pursuant to the
Prior Master Resolution and this Supplemental Master Resolution dated as of _________,
2021 (the “Supplemental Master Resolution” and together with the Prior Master
Resolution, the “Master Resolution”); and
WHEREAS, based upon the information available to the Issuer, the sale and use
tax revenues received by the Issuer pursuant the Local Sales and Use Tax Act, Title 59,
Chapter 12, Part 2 of the Utah Code. 1953, as amended (the “Revenues”), will be sufficient
to pay the debt service on the Series 2021 Bonds, and the Series 2021 Bonds shall not at
any one time exceed an amount for which the average annual installments of principal will
exceed eighty percent (80%) of the Revenues received by the Issuer during its fiscal year
immediately preceding the fiscal year in which the Series 2021 Bonds will be issued; and
WHEREAS, ___________ (the “Purchaser”) has offered to purchase the Series
2021 Bonds at par in the total principal amount of $_______; and
WHEREAS, the Issuer desires to accept the offer of the Purchaser and to confirm
the sale of the Series 2021 Bonds to the Purchaser;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Moab,
Utah, as follows:
ARTICLE I.
DEFINITIONS
Section 1.01 Definitions. As used in this Master Resolution, the following terms
shall have the following meanings unless the context otherwise clearly indicates:
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“Act” means, collectively, the Local Government Bonding Act, Title 11, Chapter
14, Utah Code Annotated 1953, as amended.
“Annual Debt Service” means the total requirement of principal, interest and
premium payments, if any, to be paid by the Issuer during any Sinking Fund Year on the
Issuer’s outstanding Series 2021 Bonds or other forms of indebtedness, including the Parity
Bonds, issued on a parity with the Series 2021 Bonds.
“Average Annual Debt Service” means the sum total of the Annual Debt Service
for all Sinking Fund Years divided by the total number of Sinking Fund Years during which
any of the Series 2021 Bonds will remain outstanding.
“Bonds” means the Series 2021 Bonds and any Parity Bonds issued by the Issuer.
“Bondholder,” “Registered Owner” or “Owner” means the registered owner of any
bonds herein authorized.
“Business Day” means a day on which banking business is transacted, but not
including any day on which banks are authorized to be closed within the boundaries of the
Issuer.
“Code” means the Internal Revenue Code of 1986, as amended.
“Dated Date” means the initial delivery date of the Series 2021 Bonds.
“Debt Service Reserve Requirement” means $[0].
“Default” and “Event of Default” mean, with respect to any default or event of
default under this Master Resolution, any occurrence or event specified in and defined by
Section 9.01 hereof.
“Depository Bank” means a “Qualified Depository” as defined in the State Money
Management Act of 1974, Title 51, Chapter 7, Utah Code Annotated, 1953, as amended,
selected by the Issuer to receive deposits for the Revenue Account as herein described, the
deposits of which shall be insured by the Federal Deposit Insurance Corporation.
“Direct Obligations” means (a) cash, (b) Government Obligations, and (c) money
market funds registered under the Federal Investment Company Act of 1940, whose shares
are registered under the Federal Securities Act of 1933, and having a rating by S&P of
AAAm-G, AAAm, or AA-m and if rated by Moody’s rated Aaa, Aa1 or Aa2.
“Fully Registered Bond” means any single Fully Registered Bond in the
denomination(s) equal to the aggregate principal amount of the applicable Series 2021
Bonds authorized herein.
“Governing Body” means the City Council of the Issuer.
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“Fully Registered Bond” means any single Fully Registered Bond in the
denomination(s) equal to the aggregate principal amount of the applicable Series 2021
Bonds authorized herein.
“Interest Payment Dates” means each ________ and ________ beginning _______,
2021.
“Master Resolution” means the Prior Master Resolution and this Supplemental
Master Resolution dated as of ________, 2021.
“Outstanding” or “Outstanding Bonds” means any Bond which has been issued and
delivered and not cancelled in accordance with the provisions hereof, except any Bond in
lieu of or in substitution for which a new Bond shall have been delivered herewith, unless
proof satisfactory to the Registrar is presented that such Bond is held by a bona fide holder
in due course.
“Parity Bonds” means the bonds issued on a parity with the Series 2021 Bonds
pursuant to the Master Resolution, including the Issuer’s Series 2003 Bonds, Series 2009
Bonds and Series 2018 Bonds.
“Purchaser” means ___________________.
“Qualified Investments” means any of the following securities:
Direct Obligations;
(i) Obligations of any of the following federal agencies
which obligations represent full faith and credit obligations of the
United States of America: 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);
(ii) Money market funds rated “AAAm” or “AAAm-G” or
better by S&P;
(iii) 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;
(iv) Bonds, notes or other evidences or 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;
(v) U.S. dollar denominated deposit accounts, federal
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funds and banker’s acceptances with domestic commercial banks
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 or purchase (ratings
on holding companies are not considered as the rating of the bank);
(vi) the fund held by the Treasurer for the State of Utah and
commonly known as the Utah State Public Treasurer’s Investment
Fund; and
(vii) any other investment permitted by the State Money
Management Act, Title 51, Chapter 7, Utah Code Annotated 1953, as
amended.
“Registrar” or “Paying Agent” means the person or persons authorized by the
Issuer to maintain the registration books with respect to the Series 2021 Bonds and to pay
the principal on the Series 2021 Bonds on behalf of the Issuer. The initial Registrar and
Paying Agent for the Series 2021 Bonds is the City Recorder of the Issuer.
“Regular Record Date” means the fifteenth day (whether or not a Business Day)
immediately preceding each Interest Payment Date with respect to the applicable Series of
Bonds.
“Regulations,” and all references thereto shall mean and include 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.
“Revenues” means 100% of the sales and use tax revenues received by the Issuer
pursuant to Title 59, Chapter 12, Part 2, Utah Code Annotated 1953, as amended.
“Revenue Fund” means the City of Moab Sales Tax Revenue Fund created herein
in the hands of the Issuer to be administered pursuant to Section 5.01 of this Master
Resolution.
“Series 2003 Bonds” means the Issuer’s Sales Tax Revenue Bonds, Series 2003.
“Series 2009 Bonds” means the Issuer’s Taxable Sales Tax Revenue Bonds, Series
2009.
“Series 2018 Bonds” means the Issuer’s Sales Tax Revenue Bonds, Series 2018.
“Series 2021 Bonds” means the Issuer’s Sales Tax Revenue Bonds, Series 2021
issued hereunder.
“Series 2021 Project” means the construction of an affordable multi-family housing
complex and all related improvements.
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“Series 2021 Reserve Account” means, the account described in Section 3.4 below.
“Sinking Fund Year” means the 12-month period beginning July 1 of each year
and ending June 30 of the following year, except with respect to the Series 2021 Bonds
that the first Sinking Fund Year will begin on the Dated Date and will end on the following
June 30.
“Supplemental Master Resolution” means this Supplemental Master Resolution
dated as of ___________, 2021.
Section 1.02 Master Resolution to Constitute Contract. In consideration of the
purchase and acceptance of any and all of the Series 2021 Bonds authorized to be issued
hereunder by the Owners thereof from time to time, this Master Resolution shall be deemed
to be and shall constitute a contract between the Issuer and the Owners from time to time
of the Series 2021 Bonds; and the pledge made in this Master Resolution and the covenants
and agreements herein set forth to be performed by or on behalf of the Issuer shall be for
the equal benefit, protection and security of the Owners of any and all of the Bonds all of
which, regardless of the time or times of their authentication and delivery or maturity, shall
be of equal rank without preference, priority, or distinction of any of the Bonds over any
other thereof, except as expressly provided in or permitted by this Master Resolution.
Section 1.03 Construction. This Master Resolution, 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 Master Resolution shall refer to this Master
Resolution 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.
(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.
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 Master Resolution.
ARTICLE II.
ISSUANCE OF SERIES 2021 BONDS
Section 2.01 Principal Amount, Designation, Series, and Interest Rate. The
Series 2021 Bonds are hereby authorized for the purpose of providing funds to (a) finance
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the Series 2021 Project and (b) pay costs incurred in connection with the issuance of the
Series 2021 Bonds. The Series 2021 Bonds shall be limited to $_________ in aggregate
principal amount, shall be issued in the form set forth in Exhibit A, in fully registered form
and shall bear interest at the rate of ____% per annum and shall be payable as specified
herein. The Series 2021 Bonds shall be designated as and shall be distinguished from the
bonds of all other series by the title, “City of Moab, Utah Sales Tax Revenue Bonds, Series
2021.”
Section 2.02 Date and Maturities. The Series 2021 Bonds shall be dated as of the
Dated Date, shall be in denominations of [$5,000 or any $1,000] multiple in excess thereof,
and shall bear interest from the Interest Payment Date next preceding their date of
authentication thereof, unless authenticated as of an Interest Payment Date, in which event
such Series 2021 Bonds shall bear interest from the date to which interest has been paid in
full, or unless no interest shall have been paid on such Series 2021 Bonds, in which event
such Series 2021 Bonds shall bear interest from the Dated Date, payable on __________
and ________ commencing on __________, 20__, at the rate per annum and shall mature
on _________ in the amount set forth below:
Maturity
(________)
Principal Amount
Interest Rate
Payment of the interest on any Series 2021 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 to the Registered Owner at his address
as it appears on such registration books. Interest shall be paid by check or draft mailed on
each Interest Payment Date to the Owner of each of the Series 2021 Bonds as the name and
address of such Owner appears on the Record Date in the Register.
Section 2.03 Optional Redemption and Redemption Prices. [The Series 2021
Bonds maturing on or prior to ________, 20__ are not subject to redemption prior to
maturity. The Series 2021 Bonds maturing on and after ________, 20__ are subject to
redemption prior to maturity at the option of the Issuer, in such order of maturity as may
be selected by the Issuer, in whole or in part on any day on and after ________, 20__, at a
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redemption price equal to 100% of the principal amount of the Series 2021 Bonds to be
redeemed plus accrued interest to the date of redemption.]
Section 2.04 Execution and Delivery of the Series 2021 Bonds. The Mayor of
the Issuer is hereby authorized to execute by manual or facsimile signature the Series 2021
Bonds and the City Recorder of the Issuer to countersign by manual or facsimile signature
the Series 2021 Bonds and to have imprinted, engraved, lithographed, stamped, or
otherwise placed on the Series 2021 Bonds the official seal of the Issuer. The City Recorder
is hereby authorized to deliver to the Purchaser the Series 2021 Bonds upon payment to
the Issuer of the proceeds of the Series 2021 Bonds.
ARTICLE III.
SERIES 2021 BOND PROVISIONS
Section 3.01 Execution; Limited Obligation. The Series 2021 Bonds 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 City Recorder, and
shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the
City Recorder. In case any officer whose signature shall appear on the Series 2021 Bonds,
shall cease to be such officer before the delivery of such Series 2021 Bonds, such signature
shall nevertheless be valid and sufficient for all purposes, the same as if he had remained
in office until delivery. The Series 2021 Bonds, together with interest thereon, shall be
limited obligations of the Issuer payable solely from the Revenues (except to the extent
paid out of moneys attributable to the Series 2021 Bond proceeds or other funds created
hereunder or the income from the temporary investment thereof).
The Series 2021 Bonds shall be a valid claim of the respective Registered Owners
thereof only against the Revenues and other moneys in funds and accounts held by the
Issuer hereunder and the Issuer hereby pledges and assigns the same for the equal and
ratable payment of the Series 2021 Bonds, and the Revenues shall be used for no other
purpose than to pay the principal of, premium, if any, and interest on the Series 2021 Bonds,
except as may be otherwise expressly authorized herein. The issuance of the Series 2021
Bonds shall not, directly, indirectly or contingently, obligate the Issuer or any agency,
instrumentality or political subdivision thereof to levy any form of taxation therefor or to
make any appropriation for their payment.
Section 3.02 Authentication and Delivery of Series 2021 Bonds.
(a) The Issuer shall deliver executed Series 2021 Bonds to the Registrar
for authentication. Subject to the satisfaction of the conditions for authentication of
Series 2021 Bonds set forth herein, the Registrar shall authenticate such Bonds, and
deliver them upon the order of the Issuer to their respective Owners thereof upon
the payment or exchange by the Owners to the Issuer for the account of the Issuer
of the purchase price therefor. Delivery by the Issuer shall be full acquittal to the
Owners for the purchase price of such Series 2021 Bonds, and the Owners shall be
under no obligation to see to the application thereof. The proceeds of the sale of
such Series 2021 Bonds shall, however, be disposed of only as provided herein.
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(b) No Series 2021 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 Series 2021 Bond substantially in the form set forth in the
forms of Bonds attached hereto shall have been duly executed by the Registrar, and
such executed certificate of the Registrar upon any such Bond shall be conclusive
evidence that such Bond has been authenticated and delivered hereunder. The
Registrar’s certificate of authentication on any Bond shall be deemed to have been
executed by it if signed by an authorized officer of the Registrar, 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 Registrar of the Series 2021 Bonds
there shall have been filed with bond counsel:
(i) A copy of this Master Resolution duly certified by the City
Recorder.
(ii) A certificate of the Issuer, dated as of the date of
authentication of the Series 2021 Bonds, to the effect that this Master
Resolution is still in force and effect without amendments.
(iii) A request and authorization to the Registrar from the Issuer
to authenticate the Series 2021 Bonds in the aggregate principal amount
therein specified and deliver them to purchasers therein identified upon
payment to the Issuer, of the sum specified therein.
(iv) An opinion of bond counsel dated the date of authentication
of the Series 2021 Bonds to the effect that (a) the Master Resolution has
been duly adopted by the Issuer and creates a valid and binding obligation
on the Issuer in accordance with its terms, (b) the Series 2021 Bonds are
special obligations of the Issuer payable solely from the Revenues and do
not constitute a general obligation indebtedness of the Issuer, and (c) the
interest payable on the Series 2021 Bonds is excludable from gross income
for federal income tax purposes.
Section 3.03 Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond
is mutilated, lost, stolen or destroyed, the Issuer may execute and the Registrar 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 Registrar, and in the case of any lost, stolen or
destroyed Bond, there shall be first furnished to the Registrar evidence of such loss, theft
or destruction satisfactory to the Registrar, together in all cases with indemnity satisfactory
to the Registrar and the Issuer. In the event any such Bond shall have matured, instead of
issuing a duplicate Bond, the Registrar may pay the same without surrender thereof upon
compliance with the foregoing. The Registrar may charge the Registered Owner of such
Bond with its reasonable fees and expenses in this connection. Any Bond issued pursuant
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to this Section 3.03 shall be deemed part of the Series of the Bonds in respect of which it
was issued and an original additional contract obligation of the Issuer.
Section 3.04 Registration of Bonds; Persons Treated as Owners. The Issuer shall
cause the books for the registration and for the transfer of the Bonds as provided herein to
be kept by the City Recorder which is hereby constituted and appointed the Registrar of
the Issuer with respect to the Bonds, provided, however, that the Issuer may, by
Supplemental Resolution, select a party other than the City Recorder to act as Registrar
with respect to the Series of Bonds issued under said Supplemental Resolution. 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 office of the Registrar, duly
endorsed by, or accompanied by a written instrument or instruments of transfer in form
satisfactory to the Registrar and duly executed by, the Registered Owner or his attorney
duly authorized in writing, the Issuer shall execute and the Registrar 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 office of the Registrar for a like aggregate
principal amount of Bonds of other authorized denominations 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 Registrar shall
thereby be authorized to authenticate and deliver such Bond. The Issuer and the Registrar
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
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 Registrar 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
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charge of the 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 3.05 Notice of Redemption. In the event any of the Series 2021 Bonds
are called for redemption, notice thereof identifying the Series 2021 Bonds or portions
thereof to be redeemed will be given by the Paying Agent by mailing a copy of the
redemption notice by registered or certified mail at least thirty (30) days prior to the date
fixed for redemption to the Registered Owner of each Series 2021 Bond to be redeemed at
the address shown on the registration books; provided, however, that failure to give such
notice by mailing, or any defect therein, shall not affect the validity of any proceeding for
the redemption of any Series 2021 Bond with respect to which no such failure has occurred.
Any notice mailed as provided in this paragraph shall be conclusively presumed to have
been duly given, whether or not the Registered Owner receives the notice. All Series 2021
Bonds so called for redemption will cease to bear interest after the specified redemption
date provided funds for their redemption are on deposit at the place of payment at that time.
Section 3.06 Cancellation. All Bonds which have been surrendered for payment,
redemption or exchange, and Bonds purchased from any moneys held by the Paying Agent
hereunder or surrendered to the Paying Agent by the Issuer, shall be canceled and cremated
or otherwise destroyed by the Registrar and shall not be reissued, and a counterpart of the
certificate of cremation or other destruction certificate evidencing such cremation or other
destruction shall be furnished by the Registrar to the Issuer; 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 3.07 Nonpresentation of Bonds. In the event any Series 2021 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 Paying Agent, 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 Paying Agent 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 Paying Agent 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 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.
Section 3.08 Additional Bonds.
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(a) 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
Bonds and the Security Instrument Repayment Obligations herein authorized 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 on a
parity with the Series 2021 Bonds and the Security Instrument Repayment
Obligations herein authorized out of Revenues shall be created or incurred, unless
the following requirements have been met:
(b) No Event of Default is existing under this Indenture on the date of
authentication of such Additional Bonds, unless (i) the Reserve Instrument
Providers and Owners of all Outstanding Bonds have each consented to the
issuance of such Additional Bonds despite the existence of an Event of Default.
(c) Revenues for the Bond Fund Year immediately preceding the
proposed date of issuance of such Additional Bonds are at least equal to 125% of
(i) the Average Aggregate Annual Debt Service Requirement on all Bonds and (ii)
all Reserve Instrument Repayment Obligations to be outstanding following the
issuance of such Additional Bonds; provided, however, that such Revenue coverage
test shall not apply to the issuance of any Additional Bonds to the extent they are
issued for refunding purposes and the average Aggregate Annual Debt Service for
such Additional Bonds does not exceed the then remaining average Aggregate
Annual Debt Service for the Bonds being refunded therewith.
(d) All payments required by this Master Resolution to be made into the
Bond Fund must have been made in full, and there must be in the Debt Service
Reserve Fund the full amount required by this Indenture to be accumulated therein
at such time.
(e) The proceedings authorizing the Additional Bonds must raise the
amount to which the Debt Service Reserve Fund shall be accumulated to an amount
no less than the Debt Service Reserve Requirement of all Bonds then outstanding
(excluding Bonds which are to be refunded with the proceeds of the Additional
Bonds), including the Additional Bonds.
(f) 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) or (ii) to finance or
refinance a project (including the funding of necessary reserves and the payment of
costs of issuance).
Section 3.09 Sale of Bonds; Authorization of Agreements. The Series 2021
Bonds shall be sold to the Purchaser at a price equal to $_________, representing the
principal amount of the Series 2021 Bonds, [less a Purchaser’s discount of $_______] in
accordance with the provisions of the Bond Purchase Agreement. The Mayor and City
Recorder are hereby authorized to execute and deliver the Bond Purchase Agreement on
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behalf of the Issuer in substantially the form and with substantially the same content as
contained in Exhibit B attached hereto. The appropriate officers of the Issuer, including
without limitation the Mayor and City Recorder, are authorized to take all action necessary
or reasonably required by the Bond Purchase Agreement to carry out, give effect to and
consummate the transactions as contemplated thereby.
ARTICLE IV.
CREATION OF FUNDS AND ACCOUNTS
Section 4.01 Creation of Revenue Fund. There is hereby created and ordered
established with the Issuer a revenue fund in the name of the Issuer to be designated the
“City of Moab, Utah Sales Tax Revenue Fund” (herein defined as the “Revenue Fund”).
For accounting purposes, the Revenue Fund may be redesignated by different account
names by the Issuer from time to time.
Section 4.02 Creation of Bond Fund. There is hereby created and ordered
established in the custody of the Issuer a special fund in the name of the Issuer to be
designated the “City of Moab, Utah Sales Tax Revenue Bond Fund” (herein defined as the
“Bond Fund”).
ARTICLE V.
USE OF FUNDS
Section 5.01 Use of Revenue Fund. All Revenues shall be accounted for and
maintained by the Issuer in the Revenue Fund, which fund shall be kept separate and apart
from all other accounts of the Issuer and which shall be expended and used by the Issuer
only in the manner and order of priority specified below:
(a) As a first charge and lien on the Revenues, the Issuer shall, at least
15 days prior to each Interest Payment Date, transfer and deposit into the Bond
Fund, from the Revenue Fund, an amount equal to:
(i) the interest falling due on the Series 2021 Bonds on the next
succeeding Interest Payment Date; plus
(ii) the principal and premium, if any, falling due on the next
succeeding Mandatory Sinking Fund Redemption Date or Maturity Date
established for the Series 2021 Bonds,
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 Series 2021 Bonds promptly
on each such Interest Payment Date, Mandatory Sinking Fund Redemption Date or
Maturity Date as the same become due and payable.
(b) If moneys 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 in such account moneys sufficient in amount
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to restore such account(s) within one year, or a ratable portion of remaining
Revenues if less than the full amount necessary,
(c) The Revenues remaining after the foregoing deposits and transfers
for each Interest Payment Date, may be used at any time for any other lawful
purpose.
Section 5.02 Use of Bond Fund.
(a) The Issuer shall make deposits, as and when received, as follows:
(i) all moneys payable by the Issuer as specified in Section 6.01
hereof shall be deposited into the Bond Fund in the order named;
(ii) all other moneys received by the Issuer hereunder when
accompanied by directions from the person depositing such moneys that
such moneys are to be paid into the Bond Fund, shall be deposited into the
Bond Fund.
(b) Moneys in the Bond Fund shall be expended solely for the following
purposes and in the following order of priority:
(i) the payment of principal of and interest on the Bonds as the
same become due; and
(ii) the payment of principal and interest accrued, if any, on the
Bonds as the same become due upon redemption prior to maturity and such
payments and redemption of Bonds in advance of their maturity shall be
accounted for separately by the Paying Agent from the payments made by
the Issuer pursuant to Subparagraph (i) of this Paragraph (b).
The Issuer shall withdraw sufficient funds from the Bond Fund to pay principal of
and interest on the Bonds as the same become due and payable and to make said funds so
withdrawn available to the Paying Agent and any paying agent for the purpose of paying
said principal and interest.
(c) After payment in full of the principal of and interest on 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); and the fees,
charges and expenses of any paying agent and any other amounts required to be
paid hereunder; all amounts remaining in the Bond Fund shall be paid to the Issuer.
Section 5.03 Investment of Funds. Any revenue surpluses or moneys in the Bond
Fund may be invested by the Issuer in Qualified Investments. Such investments shall be
held by the Issuer, and when the Issuer determines it necessary to use the moneys in the
Bond Fund for the purposes for which the Bond Fund was 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 Bond Fund shall
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be maintained in said Fund and disbursed along with the other moneys on deposit therein
as herein provided.
ARTICLE VI.
APPLICATION OF PROCEEDS
Section 6.01 Transfer of Fund and Application of Proceeds of the Series 2021
Bonds.
(a) The Issuer shall deposit the proceeds from the sale of the Series 2021
Bonds in the amount of $__________shall be applied as follows:
(i) $__________ to finance the Series 2021 Project; and
(ii) The remaining amount to be deposited into the Series 2021
Cost of Issuance Account to pay costs of issuance; and
Section 6.02 Debt Service Reserve Requirement. For purposes of the Series
2021 Bonds, the Debt Service Reserve Requirement shall be $[0].
ARTICLE VII.
GENERAL COVENANTS
Section 7.01 General Covenants. The Issuer hereby covenants and agrees with
each and every holder of the Series 2021 Bonds issued hereunder the following:
(a) The Issuer covenants that it shall fund and expressly maintain as
provided herein all funds referenced herein until such time as the Series 2021 Bonds
have been paid in full.
(b) While any of the Series 2021 Bonds remain outstanding and unpaid,
any resolution or other enactment of the Governing Body of the Issuer, applying
the Revenues for the payment of the Bonds shall be irrevocable until the Bonds
have been paid in full, and shall not be subject to amendment or modification in
any manner which would impair the rights of the holders of the Bonds or which
would in any way jeopardize the timely payment of principal and interest when due.
(c) (c) The average annual installments of principal and interest on
the Series 2021 Bonds and any Parity Bonds will not at any one time exceed eighty
percent (80%) of the total Revenues received by the Issuer during the Sinking Fund
Year immediately preceding the Sinking Fund Year in which this Master
Resolution is adopted.
(d) Each Registered Owner 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 Revenues. Except as otherwise
provided herein, the Issuer further agrees that it will within one hundred eighty
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(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 balance sheet, income statement and statement of cash flows
and the receipts and disbursements of Revenues, and that such audit will be
provided to the Purchaser when available, but in no event later than 180 days after
the end of said Bond Fund Year. In addition, the Issuer shall provide to the
Purchaser when available, but in no event later than the first day of each Bond Fund
Year, a copy of the Issuer’s budget for such Bond Fund Year.
Section 7.02 First Lien Bonds; Equality of Liens. The Series 2021 Bonds
constitute an irrevocable first lien (but not necessarily an exclusive first lien) upon the
Revenues. The Issuer covenants that the Series 2021 Bonds and any Parity Bonds 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 Series 2021 Bonds and
any other Parity Bonds, it being the intention of the Issuer that there shall be no priority
among the Bonds and any such additional parity first lien securities regardless of the fact
that they may be actually issued and delivered at different times.
Section 7.03 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 in strict conformity with the terms of the Bonds and this Master Resolution
according to the true intent and meaning hereof and thereof. The principal of and interest
on the Bonds 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 payments are hereby specifically pledged and
assigned to the payment thereof in the manner and to the extent herein specified, and
nothing in the Bonds or this Master Resolution should be considered as pledging any other
funds or assets of the Issuer for the payment of the Bonds except for the Revenues pledged
for such purpose hereunder.
Section 7.04 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 executed, authenticated and
delivered hereunder. The Issuer represents that it is duly authorized under the Constitution
of the State to issue the Series 2021 Bonds authorized hereby and to execute this Master
Resolution, that all actions on its part for the issuance of said Bonds and the execution and
delivery of this Master Resolution have been duly and effectively taken, and that said
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 7.05 List of Bondholders. The Registrar will keep on file at its principal
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. At reasonable times and under
reasonable regulations established by the Registrar, 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
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of any such designated representative to be evidenced to the reasonable satisfaction of the
Registrar.
Section 7.06 Designation of Additional Paying Agents. The Issuer hereby
covenants and agrees to cause the necessary arrangements to be made through the Paying
Agent 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 Paying Agent, or its
successor in trust hereunder, or at the office of said alternate paying agents.
Section 7.07 Tax Exemption of Series 2021 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 not to be includible in gross income for purposes of
federal income taxation under laws in force at the time the bonds are delivered. The Series
2021 Bonds issued pursuant to this Master Resolution, the interest on which is excludable
from gross income for federal income tax purposes, are referred to in this Section 7.07 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 nationally
recognized bond counsel that such action will not result in the interest on any tax-exempt
Bonds becoming includible in gross income for purposes of federal income taxes then in
effect.
The Issuer’s Mayor, City Recorder, and other officers are hereby authorized and
directed to execute such certificates as shall be necessary to establish that the 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 tax exempt Bonds that no use will be made of the proceeds of the issue and sale of
such tax exempt Bonds, or any funds or accounts of the Issuer which may be deemed to be
available proceeds of such tax exempt 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 tax exempt Bonds, would have caused the tax
exempt 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 tax-exempt 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 the 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
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includible in gross income for purposes of federal income taxation, and (iii) will, to the
extent possible, comply with any other requirements of federal tax law applicable to the
tax exempt Bonds in order to preserve the exclusion from gross income for purposes of
federal income taxation of interest on such tax exempt Bonds.
Section 7.08 Instruments of Further Assurance. The Issuer, the Registrar and the
Paying Agent mutually covenant that they will, from time to time, each upon the written
request of the other, 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 Paying Agent, Registrar or members of the Council of
the Issuer or any official thereof.
Section 7.09 Covenant of State of Utah. In accordance with Section 11-14-
307(3) of the Act, the State of Utah pledges and agrees with the Owners of the Series 2021
Bonds that it will not alter, impair or limit the Revenues in a manner that reduces the
amounts to be rebated to the Issuer which are devoted or pledged herein until the Series
2021 Bonds, together with applicable interest, are fully met and discharged; provided,
however, that nothing shall preclude such alteration, impairment or limitation if and when
adequate provision shall be made by law for the protection of the Owners of the Series
2021 Bonds.
ARTICLE VIII.
EVENTS OF DEFAULT; REMEDIES
Section 8.01 Events of Default. Each of the following events is hereby declared
an “Event of Default”:
(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
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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 their 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
(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 on the part of the Issuer to be performed, other than as set forth
above in this Section 9.01, and such 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 Registered Owners of not less than 25% in
aggregate principal amount of the Bonds then Outstanding hereunder.
Section 8.02 Remedies; Rights of Registered Owners. Upon the occurrence of an
Event of Default, the Bondholders 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, plus attorneys’ fees.
No remedy by the terms hereof conferred upon or reserved to the Registered
Owners 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 Registered
Owners hereunder 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.
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No waiver of any Event of Default hereunder shall extend to or shall affect any
subsequent Event of Default or shall impair any rights or remedies consequent thereon.
Section 8.03 Right of Registered Owners to Direct Proceedings. Anything
herein to the contrary notwithstanding, the Registered Owners of a majority in aggregate
principal amount of the Bonds then Outstanding shall have the right, at any time, to direct
the time, the 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 Master Resolution.
Section 8.04 Application of Moneys. All moneys received by the Paying Agent
pursuant to any right given or action taken under the provisions of this Article VIII shall,
after payment of Paying Agent’s fees and expenses of the proceedings resulting in the
collection of such moneys and of the expenses, liabilities and advances incurred or made
by the Paying Agent, 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 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, 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, with interest on such Bonds
from the respective dates upon which they become due, and, if the
amount available shall not be sufficient to pay in full Bonds due on
any particular date, together with such interest, 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.
(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, without preference or
priority of principal over interest or of interest over principal, or of any
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installment of interest over any other installment of interest, or of any Bond
over any other Bond, ratably, according to the amounts due respectively for
principal and interest, to the persons entitled thereto without any
discrimination or privilege.
Whenever moneys are to be applied pursuant to the provisions of this Section 8.04,
such moneys shall be applied at such times, and from time to time, as the Registered
Owners 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 Registered Owners shall apply such funds, they
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 8.05 Rights and Remedies of Registered Owners. Except as provided in
the last sentence of this Section 8.05, no Registered Owner of any Bond 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. No one or more Registered
Owner of the Bonds shall have any right in any manner whatsoever to affect, disturb or
prejudice the lien hereof by its, his or their 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. Nothing herein contained shall,
however, affect or impair the right of any Registered Owner 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 at the time, place, from the source and in the
manner in said Bonds expressed.
Section 8.06 Termination of Proceedings. In case one or more Registered Owner
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 Registered Owner, then and in every such
case the Issuer and the Registered Owner shall be restored to their former positions and
rights hereunder, and all rights, remedies and powers of the Registered Owner shall
continue as if no such proceedings had been taken.
Section 8.07 Waivers of Events of Default. The Registered Owners may in their
discretion waive any Event of Default hereunder and its consequences; provided, however,
that there shall not be waived (i) any Event of Default in the payment of the principal of
any Bonds at the date of maturity specified therein, 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 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 Registered Owners
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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 and the Registered Owners
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 thereof.
ARTICLE IX.
SUPPLEMENTAL RESOLUTIONS
Section 9.01 Supplemental Resolutions Not Requiring Consent of Registered
Owners. Upon 30 days prior written notice to the Registered Bond Holders, the Issuer
may, without the consent of any of the Registered Owners, enter into a resolution or
resolutions supplemental hereto, as shall not be inconsistent with the terms and provisions
hereof, for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission herein;
(b) To grant to or confer upon the Registered Owners any additional
rights, remedies, powers or authority that may lawfully be granted to or conferred
upon the Registered Owners or any of them;
(c) To pledge subject to this Master Resolution additional Revenues or
other revenues, properties, collateral or security; and
(d) To make any other change hereto which is not materially prejudicial
to the interests of the Registered Owners.
Section 9.02 Supplemental Resolutions Requiring Consent of Registered
Owners; Waivers and Consents by Registered Owners. Exclusive of Supplemental
Resolutions covered by Section 9.01 hereof and subject to the terms and provisions
contained in this Section 9.02, 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 of such other resolution or resolutions 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 Resolution, 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 resolution
supplemental hereto; provided, however, that nothing in this Section 9.02 contained shall
permit or be construed as permitting (a) an extension of the stated maturity 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
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aggregate principal amount of Bonds, the Registered Owners of which are required to
consent to any such waiver or Supplemental Resolution, or (d) the issuance of Additional
Bonds in accordance with Section 4.08 hereof, or (e) 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.
ARTICLE X.
DISCHARGE OF RESOLUTION
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 Paying Agent all sums of moneys due or to
become due according to the provisions hereof, then these presents and the estate and rights
hereby granted shall cease, terminate and be void, whereupon the Issuer shall cancel and
discharge the lien hereof, except moneys or securities held by the Issuer for the payment
of the principal of and interest on the Bonds.
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 Registered Owners, in trust and irrevocably setting aside exclusively
for such payment, (i) moneys sufficient to make such payment, or (ii) Government
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 any credit enhancer 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 Registered Owners. 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 Government Obligations.
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:
(a) instructed the Paying Agent to call for redemption pursuant hereto
any Bonds to be redeemed prior to maturity pursuant to Subparagraph (i) above;
and
(b) instructed the Paying Agent to mail, as soon as practicable, in the
manner prescribed by Section 4.05 hereof, a notice to the Registered Owners of
such Bonds that the deposit required by this Section has been made with the Paying
Agent and that such Bonds are deemed to have been paid in accordance with this
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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 Subparagraph (i) above.
Any moneys so deposited with the Paying Agent as provided in this Article X may
at the direction of the Issuer also be invested and reinvested in Government Obligations,
maturing in the amounts and times as hereinbefore set forth, and all income from all
Government Obligations in the hands of the Paying Agent 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 Paying Agent shall first obtain a written verification from a certified public
accountant that the moneys remaining on deposit with the Paying Agent and invested in
Government 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.
Notwithstanding any provision of any other Article hereof which may be contrary
to the provisions of this Article X, all moneys or Government 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 Government Obligations
have been so set aside in trust.
Anything in Article IX hereof to the contrary notwithstanding, if moneys or
Government Obligations have been deposited or set aside with the Paying Agent 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 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 11.01 Consents, Etc., of Registered Owners. Any consent, request,
direction, approval, objection or other instrument required hereby to be executed by the
Registered Owners may be in any number of concurrent writings of similar tenor and
maybe executed by such Registered Owners 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 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.
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Section 11.02 Limitation of Rights. With the exception of rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Master Resolution
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 legal or equitable right, remedy or claim
under or in respect hereto or any covenants, conditions and provisions herein contained,
this Master Resolution 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 as herein provided.
Section 11.03 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 11.04 Maintenance of Proceedings. A certified copy of this Master
Resolution and every amendatory or supplemental ordinance or resolution shall be kept on
file in the office of the City Recorder where it shall be made available for inspection by
any Bondholder or his agent. Upon payment of the reasonable cost of preparing the same,
a certified copy of this Master Resolution, any amendatory or supplemental ordinance or
resolution will be furnished to any Bondholder. The Bondholders may, by suit, action,
mandamus, injunction, or other proceedings, either at law or in equity, enforce or compel
performance of all duties and obligations required by this Master Resolution to be done or
performed by the Issuer. Nothing contained herein, however, shall be construed as
imposing on the Issuer any duty or obligation to levy any tax to pay the principal on the
Series 2021 Bonds authorized herein or to meet any obligation contained herein concerning
the Series 2021 Bonds.
Section 11.05 Defeasance of the Series 2021 Bonds. If the Issuer shall pay or
cause to be paid, or there shall be otherwise paid or provision for payment made to the
Registered Owner of the Series 2021 Bonds for the payments due or to become due thereon
at the times and in the manner stipulated therein, then the first lien pledge of the Revenues
under this Master Resolution and any and all estate, right, title and interest in and to any of
the funds and accounts created hereunder (except moneys or securities held by a Depository
Bank for the payment of the Series 2021 Bonds) shall be cancelled and discharged.
Any Series 2021 Bond shall be deemed to be paid within the meaning of this
Section when payment of the Series 2021 Bonds (whether such due date be by reason of
maturity or upon prepayment or redemption as provided herein) shall have been made in
accordance with the terms thereof. At such time as the Series 2021 Bonds shall be deemed
to be paid hereunder, they shall no longer be secured by or entitled to the benefits hereof
25
4836-2285-7437, v. 2
(except with respect to the moneys and securities held by a Depository Bank for the
payment of the Series 2021 Bonds).
Section 11.06 Sale of Series 2021 Bonds Approved. The sale of the Series 2021
Bonds to the Purchaser, at par, is hereby ratified, confirmed, and approved.
Section 11.07 Bondholders not Responsible. The Bondholders shall not be
responsible for any liabilities incurred by the Issuer in the acquisition, construction or use
of the Series 2021 Project.
Section 11.08 Bonds Registrar and Paying Agent. The City Recorder is hereby
designated to act as Paying Agent and the Bond Registrar for and in respect to the Series
2021 Bonds.
Section 11.09 Notice of Series 2021 Bonds to be Issued. In accordance with the
provisions of the Act, the City Recorder has caused a “Notice of Public Hearing and Bonds
to be Issued” (the “Notice”) to be (a) published once a week for two consecutive weeks in
the Times Independent, a newspaper having general circulation in the Issuer, and has
caused a copy of the Parameters Resolution to be kept on file in the office of the City
Recorder for public examination during regular business hours at least thirty (30) days from
and after the date of publication thereof, (b) posted on the Utah Public Notice Website
(http://pmn.utah.gov) created under Section 63F-l-701 Utah Code Annotated 1953, as
amended, and (c) posted on the Utah Legal Notices website (www.utahlegals.com) created
under Section 45-1-101, Utah Code Annotated 1953, as amended, no less than fourteen
(14) days prior to the hearing. Such notice is hereby reaffirmed and approved. In
accordance with the provisions of the Act and the Notice, a public hearing was held on
March 23, 2021, to receive input with respect to the issuance of the Series 2021 Bonds and
the potential economic impact that the Series 2021 Project will have on the private sector.
Section 11.10 Additional Certificates, Documents, and Other Papers. The
appropriate officials of the Issuer, and each of them, are hereby authorized and directed to
execute and deliver for and on behalf of the Issuer 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 Master
Resolution and the documents authorized and approved herein.
Section 11.11 Severability. If any section, paragraph, clause, or provision of this
Master Resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph, clause, or provision shall not affect any of
the remaining provisions of this Master Resolution. It is hereby declared by the Governing
Body of the Issuer that it is the intention of the Issuer by the adoption of this Master
Resolution to comply in all respects with the provisions of the Act.
Section 11.12 Resolutions in Conflict. All resolutions or parts thereof in conflict
with the provisions of this Master Resolution are, to the extent of such conflict, hereby
repealed.
26
4836-2285-7437, v. 2
Section 11.13 Effective Date of Resolution. This Master Resolution shall take
effect immediately upon its approval and adoption.
(SEAL)
By:
Mayor
ATTEST:
By:
City Recorder
A-1
EXHIBIT A
FORM OF BONDS
UNITED STATES OF AMERICA
STATE OF UTAH
CITY OF MOAB
SALES TAX REVENUE BOND, SERIES 2021
Number R - __ $______
Interest Rate Maturity Date Dated Date
Registered Owner: ___________________________________________.
Principal Amount: ______________________________________________NO/100
DOLLARS*************************************************
The City of Moab, Utah (“Issuer”), a political subdivision and body politic duly
organized and existing under the Constitution and laws of the State of Utah, for value
received, hereby acknowledges itself to be indebted and promises to pay to the Registered
Owner named above or registered assigns, out of the special fund hereinbelow designated
and not otherwise, the Principal Amount specified above on the Maturity Date specified
above with interest thereon until paid at the Interest Rate specified above per annum,
payable semiannually on __________ and __________ of each year commencing
__________, 2021 (each an “Interest Payment Date”), until said Principal Amount is paid.
Principal and premium, if any, shall be payable upon surrender of this Bond at the
designated offices of the City Recorder, as Paying Agent or its successors. Interest on this
Bond shall be payable by check or draft mailed to the Registered Owner hereof at his
address as it appears on the registration books of the Paying Agent, who shall also act as
the Registrar for the Issuer, or at such other address as is furnished to the Paying Agent in
writing by such Registered Owner. Interest hereon shall be deemed to be paid by the
Paying Agent when mailed. Both principal and interest shall be payable in lawful money
of the United States of America.
This Bond is one of an issue of Bonds of the Issuer designated as the “Sales Tax
Revenue Bonds, Series 2021” (the “Series 2021 Bonds”) in the aggregate principal amount
of $_________, of like tenor and effect, except as to date of maturity and interest rate,
numbered R-1 and upwards, issued by the Issuer pursuant the Prior Master Resolution (as
defined in the Supplemental Master Resolution) and a Supplemental Master Resolution
dated as of _________, 2021 (the “Supplemental Master Resolution” and together with the
Prior Master Resolution the “Master Resolution”), approved by resolution adopted on
February 23, 2021 (the “Bond Resolution”), for the purpose of providing funds to (a)
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4836-2285-7437, v. 2
finance the costs of construction of an affordable multi-family housing complex and all
related improvements and (b) pay costs of issuance of the Series 2021 Bonds.
All payments shall be made in any coin or currency which on the date of payment
is legal tender for the payment of debts due the United States of America. All payments
shall be applied first to interest and then to principal.
Both principal of and interest on this Bond and the issue of which it is a part are
payable solely from a special fund designated “City of Moab, Utah Sales Tax Revenue
Bond Fund” (the “Bond Fund”), into which fund, to the extent necessary to assure prompt
payment of the principal of and interest on the issue of which this is one and on all series
of bonds issued on a lien parity with this Bond shall be paid the Revenues as defined in
and more fully described and provided in the Master Resolution.
The Series 2021 Bonds shall be payable only from the Revenues and shall not
constitute a general indebtedness or pledge of the full faith and credit of the Issuer, within
the meaning of any constitutional or statutory provision or limitation of indebtedness.
This Series 2021 Bond is issued under and pursuant to the Local Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, and this Series 2021 Bonds
does not constitute a general obligation indebtedness of the Issuer within the meaning of
any state constitutional or statutory limitation. The issuance of the Series 2021 Bonds 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 or to make
any appropriation for their payment.
The Issuer covenants and agrees that, within the limits provided by law, it will cause
to be collected and accounted for sufficient Revenues as defined in the Master Resolution
as will at all times be sufficient to pay promptly the principal of and interest on this Series
2021 Bonds and the issue of which it forms a part and to make all payments required to be
made into the Bond Fund, and to carry out all the requirements of the Master Resolution.
IN ACCORDANCE WITH SECTION 11-14-307(3), UTAH CODE
ANNOTATED 1953, AS AMENDED, THE STATE OF UTAH HEREBY PLEDGES
AND AGREES WITH THE HOLDERS OF THE BONDS THAT IT WILL NOT ALTER,
IMPAIR OR LIMIT THE SALES TAXES IN A MANNER THAT REDUCES THE
AMOUNTS TO BE REBATED TO THE ISSUER WHICH ARE DEVOTED OR
PLEDGED AS AUTHORIZED IN SECTION 11-14-307(3), UTAH CODE
ANNOTATED 1953, AS AMENDED, UNTIL THE BONDS 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 PROTECTION OF THE HOLDERS OF
THE BONDS.
It is hereby declared and represented that all acts, conditions and things required to
exist, happen and be performed precedent to and in the issuance of this Series 2021 Bonds
have existed, have happened and have been performed in regular and due time, form and
A-3
4836-2285-7437, v. 2
manner as required by law, that the amount of this Series 2021 Bonds, together with the
issue of which it forms a part, does not exceed any limitation prescribed by the Constitution
or statutes of the State of Utah, that the Revenues of the Issuer have been pledged and that
an amount therefrom will be set aside into a special fund by the Issuer sufficient for the
prompt payment of the principal of and interest on this Series 2021 Bonds and the issue of
which it forms a part, as authorized for issue under the Master Resolution, and that the
Revenues of the Issuer are not pledged, hypothecated or anticipated in any way other than
by the issue of the Bonds of which this Series 2021 Bonds is one and all bonds issued on a
parity with this Series 2021 Bonds.
The Series 2021 Bonds shall be subject to redemption prior to maturity upon the
terms and notice described in the Master Resolution.
The issuance of this Bond shall not, directly, indirectly, or contingently, obligate
the Issuer or any agency, instrumentality or political subdivision thereof to levy any form
of taxation therefor or to make any appropriation for its payment.
A-4
4836-2285-7437, v. 2
IN TESTIMONY WHEREOF, the Issuer has caused this Bond to be signed by its
Mayor and countersigned by its City Recorder under the corporate seal of said Issuer this
_____________, _____.
(SEAL)
By: (Do Not Sign)
Mayor
COUNTERSIGN:
By: (Do Not Sign)
City Recorder
BOND PURCHASE AGREEMENT
CITY OF MOAB, UTAH
$________
SALES TAX REVENUE BONDS
SERIES 2021
____________, 2021
City of Moab, Utah
217 East Center Street
Moab, Utah 84532
The undersigned, ______________ (the “Purchaser”), offers to purchase from the
City of Moab, Utah (the “Issuer”), $___________ in aggregate principal amount of Sales
Tax Revenue Bonds, Series 2021 (the “Bonds”) issued under a Supplemental Master
Resolution dated as of __________, 2021 (the “Master Resolution”) with delivery and
payment at the offices of Gilmore & Bell, P.C. in Salt Lake City, Utah, based upon the
covenants, representations, and warranties set forth below.
1.Upon the terms and conditions and upon the basis of the representations set
forth herein, the Purchaser hereby agrees to purchase from the Issuer, and the Issuer hereby
agrees to sell and deliver to the Purchaser, the Bonds. Exhibit A, which is hereby
incorporated by reference into this Bond Purchase Agreement (the “Purchase Agreement”),
contains a brief description of the Bonds, the manner of their issuance, the purchase price
to be paid for, and the expected date of delivery and payment.
2.You represent and covenant to the Purchaser that (a) you have as of the
closing of the Bonds on the date hereof (the “Closing”), the power and authority to enter
into and perform this Purchase Agreement and the Master Resolution; (b) to adopt the
Resolution dated February 23, 2021 (the “Resolution”) that authorized the delivery and
sale of the Bonds to the Purchaser pursuant to the terms and conditions set forth in this
Purchase Agreement and the Master Resolution; (c) this Purchase Agreement, the Master
Resolution and the Bonds do not and will not conflict with or create a breach or default
under any existing law, regulation, order, or agreement to which the Issuer is subject; (d)
no governmental approval or authorization other than the Resolution is required in
connection with the sale of the Bonds to the Purchaser; (e) this Purchase Agreement, the
Master Resolution and the Bonds are legal, valid, and binding obligations of the Issuer
enforceable in accordance with their respective terms, subject only to applicable
bankruptcy, insolvency, or other similar laws generally affecting creditors’ rights; and (f)
there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or
by any court, public board, or body, pending or, to the knowledge of the Issuer, threatened
against or affecting the Issuer or affecting the corporate existence of the Issuer or the titles
EXHIBIT C
2
4822-0432-7133, v. 2
of its officers to their respective offices or seeking to prohibit, restrain, or enjoin the sale,
issuance, or delivery of the Bonds or in any way contesting or affecting the transactions
contemplated hereby or the validity or enforceability of the Bonds, the Resolution, the
Master Resolution or this Purchase Agreement, or contesting the powers of the Issuer or
any authority for the issuance, sale and delivery of the Bonds (as such term is defined in
the Master Resolution), the adoption of the Resolution, the execution and delivery of the
Master Resolution and this Purchase Agreement or the Bonds or the Issuer’s legal right,
power and authority to collect, receive and pledge the Pledge Revenues (as such terms are
defined in the Master Resolution).
3. As conditions to the Purchaser’s obligations hereunder:
(a)From June 30, 2020 to the date of Closing, there shall not have been
any (i) material adverse change in the financial condition or general affairs of the
Issuer; (ii) event, court decision, proposed law, or rule which may have the effect
of changing the federal income tax incidents of the Issuer or the owner of the Bonds
or the interest thereon or the transactions contemplated by this Purchase
Agreement; or (iii) international or national crisis, suspension of stock exchange
trading, or banking moratorium materially affecting, in the Purchaser’s reasonable
opinion, the market price of the Bonds.
(b)At the Closing, the Issuer will deliver or make available to the
Purchaser:
(i)The Bonds, in definitive form and the Master Resolution
duly executed;
(ii)A certificate from authorized officers of the Issuer, in form
and substance acceptable to the Purchaser, to the effect that the
representations and information of the Issuer contained in this Purchase
Agreement are true and correct when made and as of the Closing;
(iii)The approving opinion of the Issuer’s counsel, satisfactory
to the Purchaser and Bond Counsel;
(iv)The approving opinion of Gilmore & Bell, P.C., Bond
Counsel, in standard form dated the date of Closing, relating to the legality
and validity of the Bonds and the excludability of interest on the Bonds from
gross income of the holders thereof for federal income tax purposes; and
(v)Such additional certificates, instruments, and other
documents as the Purchaser may deem necessary with respect to the
issuance and sale of the Bonds, all in form and substance satisfactory to the
Purchaser.
4. The Issuer will pay the cost of the fees and disbursements of counsel to the
Issuer, counsel to the Purchaser (in an amount up to $_____) and Bond Counsel.
3
4822-0432-7133, v. 2
5.This Purchase Agreement is intended to benefit only the parties hereto, and
the Issuer’s representations and warranties shall survive any investigation made by or for
the Purchaser, delivery, and payment for the Bonds, and the termination of this Purchase
Agreement.
6. The Purchaser hereby represents that they are acquiring the Bonds for their
own account, and not with a view to, or for sale in connection with, any distribution of the
Bonds or any part thereof. The Purchaser has not offered to sell, solicited offers to buy, or
agreed to sell the Bonds or any part thereof, and has no present intention of reselling or
otherwise disposing of the Bonds.
7.The Bonds will not be (i) assigned a specific rating by any rating agency,
(ii) registered with The Depository Trust Company or any other securities depository, (iii)
issued pursuant to any type of official statement, private placement memorandum or other
offering document, or (iv) assigned a CUSIP number by Standard & Poor’s CUSIP Service.
8.The Issuer acknowledges and agrees that (i) the purchase of the Bonds
pursuant to this Purchase Agreement is an arm’s-length commercial transaction between
the Issuer and the Purchaser, (ii) in connection with such transaction, the Purchaser is
acting solely as a principal and not as an agent or a fiduciary of the Issuer, (iii) the Purchaser
has not assumed (individually or collectively) an advisory or fiduciary responsibility in
favor of the Issuer with respect to the Bonds, (iv) the Purchaser has financial and other
interests that differ from those of the Issuer, and (v) the Issuer has consulted with its own
legal and financial advisors to the extent it deemed appropriate in connection with the
Bonds.
S-1
Sincerely,
______________________________
By:
Its: ________________________________
ACCEPTED ON BEHALF OF:
CITY OF MOAB, UTAH
By:
Mayor
ATTEST AND COUNTERSIGN:
By:
City Recorder
A-1
4822-0432-7133, v. 2
EXHIBIT A
DESCRIPTION OF BONDS
1. Par Amount: $____
2.Purchase Price: $____
3.Purchaser’s Counsel Fee: $____
4.Accrued Interest: $-0-
5.Interest Payment Date: _____ and _______, beginning _________
6.Dated Date: Closing Date
7.Form: Registered Bonds
8. Closing Date: __________, 2021
9. Redemption: [The Bonds are subject to optional redemption as set forth in the
Master Resolution.]
10. Bank Designation: [Bonds are Bank Qualified]
11. Mandatory Sinking Fund Schedule:
Mandatory Sinking Fund Date
(___________)
Principal
Amount
___________________
*Final Maturity Date
Page 1 of 5
March 9, 2021
MOAB CITY COUNCIL MINUTES--DRAFT
REGULAR MEETING
March 9, 2021
The Moab City Council held its Regular Meeting on the above date. Consistent with provisions of
the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council
Chair has issued written determinations supporting the decision to convene electronic meetings
of the Council without a physical anchor location. Due to the health and safety risks related to
the ongoing COVID-19 pandemic and considering public health orders limiting in-person
gatherings, the Moab City Council will continue to hold meetings by electronic means. An audio
recording of the meeting is archived at http://www.utah.gov/pmn/index.html.
Pre-Council Workshop:
Mayor Emily Niehaus called the Pre-Council Workshop regarding mitigation of vehicular noise
to order at 5:34 p.m. Participating remotely were Councilmembers Karen Guzman-Newton,
Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan and Kalen Jones. City staff participating
remotely were Manager Joel Linares, Assistant Manager Carly Castle, Attorney Laurie
Simonson, Recorder Sommar Johnson and Police Chief Bret Edge. The workshop began with
Attorney Simonson reviewing initiatives and actions taken to date. City Manager Linares
described additional actions such as the legislative attempt to allow curfews and a proposed
trailering plan. The workshop also included a presentation by Les Blomberg of the Noise
Pollution Clearing House. The workshop involved discussion among Council members and staff
on topics such as amending the noise ordinance, noise and speed limit enforcement, muffler
requirements, a recreation opportunity spectrum analysis, and City participation in noise
mitigation efforts on public lands. Civil versus criminal offenses were considered, and guidelines
for traffic checkpoints were explained. Personnel needs for enforcement were discussed. The
workshop concluded at 6:59 p.m. A video recording is archived at
https://www.youtube.com/watch?v=0RpADik5I0U.
Call to Order and Attendance: Mayor Niehaus called the Regular City Council Meeting to
order at 7:05 p.m. Participating remotely were Councilmembers Guzman-Newton, Knuteson-
Boyd, Derasary, Duncan and Jones. City staff participating remotely were Manager Linares,
Assistant Manager Castle, Attorney Simonson, Recorder Johnson, Engineer Chuck Williams and
Public Works Director Levi Jones. A video recording is archived at
https://www.youtube.com/watch?v=sYC9w7vPV58.
Citizens to be Heard: Recorder Johnson reported there were 18 written comments
submitted which are archived at https://moabcity.org/151/City-Council.
Bruce Huntington thanked Council and said he was looking forward to working together on the
noise ordinance. He said that since meeting with City representatives, Off-Highway Vehicle
(OHV, variously referred to as ATVs or UTVs) group members have formed a task force. He
stated that members are residents who live, work and play here. He said they were not outlaws,
not “ripping it up” and he hoped for a good dialogue.
Judy Powers stated she was sorry the OHV curfew did not go through. She said a paradigm shift
was needed with more shuttles and fewer parking lot expansions. She said she likes the idea of
more guided rides and that she has seen outrageous damage to the landscape. She supported a
noise ordinance as a primary reason for law enforcement, not a secondary offense. She
expressed concern about problems related to enforcement including staffing issues and
dangerous conditions. She spoke about the quantity of vehicles and noted an acquaintance was
Page 2 of 5
March 9, 2021
passed by 47 OHVs while biking on Spanish Valley Drive. She suggested that if businesses
update machines each year, they could transition to quieter models. She supported limiting fleet
sizes. She concluded by stating that no one complains about any other thing—water bottles,
boots or coffee shops. She said people do complain about loud vehicles and semi-trucks running
red lights.
Shane Myerstack stated he lives outside City limits and is an OHV enthusiast and rides on roads.
He said his vehicle is not modified and it is still loud. He stated his concern about not being able
to drive to the trailheads. He stated he always picks up garbage and is very responsible.
An unidentified citizen stated he has seen many police units going up Mill Creek. He said he
found a route from the River Road where a road could be cut to Hell’s Revenge, bypassing
downtown Moab. He said businesses and “tons of people” were on board. He added that a
parking lot could be expanded at the location of the landfill.
Mike Utley stated he is a regular visitor to Moab. He said he is an OHV owner and likes to
recreate that way, and he does not want discrimination against one type of vehicle. He added
that he does not like loud vehicles and concluded with a comment that he wants everyone to be
able to recreate equally.
Kent Green stated the Council is very professional. He said a lot of traffic is received on Fourth
East. He suggested that drivers are being directed to take the shortest routes. He noted there are
no signs guiding people to Sand Flats. He said the 15 mph speed limit for OHVs on Sand Flats
Road, combined with a double yellow line, was causing road rage. He stated you could not
intentionally impede traffic.
Bud Breuning reiterated Mr. Green’s comments. He stated he is from out of town and is the
head of an OHV group. He thanked the City for its professionalism and appreciated the Mayor.
He said he wants what is best for the community. He said he does not want to annoy people. He
mentioned signage and suggested there could be a voluntary refrain from night driving. He said
he thought the 15 mph speed limit would be a good idea. He said “bad apples” should be cited
and impounded. He said his group was law-abiding and concluded by stating that he is “on your
side and wants to help out.”
Administrative Report: 29:33-31:10
City Manager Linares mentioned the upcoming Strategic Planning retreat. He said that the
legislative session ended and he is working on a report of the impacts on the City with regard to
new laws. He stated budget work was continuing and charges had been filed against the alleged
art vandal. He stated staff were preparing a community newsletter. He gave an update on
COVID impacts and reminded Council and the public that the Treasurer’s office is open for
walk-in business and all other departments are by appointment due to COVID concerns.
Mayor and Council Reports: 31:25-49:40
Mayor Niehaus also mentioned the conclusion of the legislative session. She said she attended
meetings of the water quality board and the Southeastern Utah Association of Local
Governments. She briefly mentioned the Mill Creek coalition and a plan for Power House. She
said she attended a regional transportation plan meeting.
Councilmember Derasary thanked the legislative committee as well as citizens who helped track
bills. She mentioned the annual trip to Washington, DC to advocate for the Uranium Mill
Tailings Remediation Act (UMTRA) funding had been cancelled due to COVID. She said she had
Page 3 of 5
March 9, 2021
been active with the Utah League of Cities and Towns (ULCT) legislative policy committee as
well as interviews for the City’s new finance director. She brought up citizen concerns about the
possible need for water restrictions and fireworks restrictions.
Councilmember Duncan reported the snowpack is 22 percent below normal and Kens Lake is
low. He said the Moab Irrigation Company supply does not look good. He mentioned an
interview he had with KUER regarding water supply in Moab and he appreciated the Moab
Valley Multicultural Center’s yurt open house.
Councilmember Guzman-Newton reported on a meeting of the Chamber of Commerce board
and added the airport board has put a new hangar on hold. She noted the return of scheduled
flights between Canyonlands Field and Salt Lake City. She mentioned a conversation with
Governor Cox and the ULCT about conflicts between the legislature and local leaders. She
referenced a housing crisis, stating only 2,000 homes were on the market in the state. She
mentioned a need for state funding of outdoor recreation and state parks, and brought up a
grant that could help fund pickleball courts. She spoke about the efforts of the Colorado
Association of Ski Towns (CAST) to consider a sense of place for resort communities. She
concluded with a mention of a Moab Chamber dialogue between business owners and
representatives of the group Make Moab Quiet Again regarding OHVs in the community.
Councilmember Jones reported on the conclusion of his work on the legislative committee. He
reported on meetings of the housing task force, travel council, and the regional transportation
plan stakeholder meeting. He said input on the draft plan could be submitted until April 6. He
reviewed the ranked projects in the plan. He suggested he intended to draft a resolution
reiterating his opposition to a bypass.
Approval of Minutes:
Motion and Vote: Councilmember Duncan moved to approve the minutes for the February
23, 2021, Regular Meeting. Councilmember Guzman-Newton seconded the motion.
Councilmember Derasary stated she sent corrections to the Recorder. The motion passed 5-0
with Councilmembers Derasary, Jones, Guzman-Newton, Knuteson-Boyd, and Duncan voting
aye in a roll call vote.
Old Business:
Sewer Rate Change for Institutions—Discussion
Mayor Niehaus requested feedback from the Council indicating its appetite to revise the billing
schedule for institutions, which were reclassified as commercial users when sewer rates were
changed in 2017. Councilmember Duncan indicated his interest. Councilmember Derasary
asked how other towns billed institutions including churches and schools. City Manager Linares
explained that he was not sure why the institutional class was lost although he said he thought it
was an unintended error on the part of the sewer rate consultants. He added that the “church
rate” had fluctuated over the decades. Discussion ensued regarding the potential lost revenue to
the City (approximately $17,000 per year) if institutions were not charged the full commercial
rate; the City’s sewer bond repayment schedule had been calculated with the commercial rate
structure in place. Councilmember Knuteson-Boyd stated it is the City’s fiduciary responsibility
for enterprise zones to pay for themselves. Councilmember Guzman-Newton suggested that,
given the potential impact on the budget and other ratepayers, she would like public input on
any proposal. Councilmembers asked about metering wastewater outflow for an accurate
measure, since sewer rates are currently determined by winter water usage without landscaping
use. Staff explained that metering outflow would be an extremely expensive proposition.
Councilmember Duncan opined that the real issue is whether to bill in the most accurate way
Page 4 of 5
March 9, 2021
since the cost-conscious institutions were suffering because of an apparent billing mistake.
Discussion ensued about the cost of recalculating the rate schedule, the wisdom of installing
secondary hookups for landscape irrigation, and how often rate studies are conducted.
New Business:
MARC HVAC Bid Award—Approved
Presentation and Discussion: Public Works Director Jones briefed the Council on current
conditions regarding heating failure at the Moab Arts and Recreation Center (MARC) and
presented the proposed award for the 2021 MARC Heating, Ventilation, and Air Conditioning
(HVAC) Bid to Eco HVAC, LLC, in the Amount of $54,381.00. Councilmember Derasary asked
about the warranty and Councilmember Jones asked about more efficient air conditioning units.
Jones explained that, in the future, the City could swap for condensers that are more efficient.
Motion: Councilmember Knuteson-Boyd moved to award the 2021 MARC HVAC bid to Eco
HVAC, LLC in the amount of $54,381.00. Councilmember Guzman-Newton seconded the
motion.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Technical Planning Assistance Program Interlocal Agreement—Failed
Presentation: City Engineer Williams described the proposed Interlocal Agreement (ILA) by
and between the City of Moab and Grand County with respect to joint planning for and funding
of the technical planning assistance program funds cooperative agreement. He said the City has
not updated its Transportation Plan for over a decade and explained the Utah Department of
Transportation (UDOT) has made funds available to assist local governments in transportation
planning. He added that the County applied for and received a grant to do so and asked the City
to conduct a joint plan. Williams explained the ILA commits the City to the amount of $15,000
and if Council approves this item, the County will coordinate the hiring of qualified consultants
to perform the planning effort. He emphasized the plan would be a local plan and not UDOT’s
plan.
Motion: Councilmember Derasary moved to table the item. There was no second and the
motion to table failed.
Discussion: Councilmembers Jones and Derasary stated their concern about consideration of
a bypass. Derasary said there was no room in the Valley for a bypass. Jones reiterated his
interest in preparing a resolution regarding the City’s opposition to a future bypass.
Motion: Councilmember Guzman-Newton moved to approve an Interlocal Agreement by and
between the City of Moab and Grand County with respect to joint planning for and funding of
the technical planning assistance program funds cooperative agreement. Councilmember
Knuteson-Boyd seconded the motion.
Discussion: Councilmember Duncan stated he does not agree there is no room for a bypass.
Vote: The motion failed 2-3 with Councilmembers Guzman-Newton and Knuteson-Boyd voting
aye and Councilmembers Jones, Derasary and Duncan voting nay.
Continuation of Local COVID-19 Emergency Proclamation—Approved
Presentation: Planner Shepard explained this motion would allow the City to allow “parklets”
for outdoor dining in public space adjacent to their property under conditions previously
established by the City, referencing physical distancing requirements due to COVID-19.
Motion: Councilmember Duncan moved to approve Resolution No. 05-2021 - A Resolution
Continuing the Local Emergency Proclamation Due to the Economic Impact of COVID-19 Novel
Coronavirus on the City of Moab.” Councilmember Derasary seconded the motion.
Vote: The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye.
Page 5 of 5
March 9, 2021
Approval of Bills Against the City of Moab:
Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City
of Moab in the amount of $319,428.42. Councilmember Guzman-Newton seconded the motion.
The motion passed 5-0 with Councilmembers Jones, Duncan, Guzman-Newton, Derasary, and
Knuteson-Boyd voting aye in a roll call vote.
Executive Session:
Councilmember Knuteson-Boyd moved to enter an Executive Closed Session to discuss
reasonably imminent and/or pending litigation. Councilmember Guzman-Newton seconded the
motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd,
Duncan and Guzman-Newton voting aye. Mayor Emily Niehaus convened the Executive Closed
Session at 9:08 p.m. Councilmember Knuteson-Boyd moved to end the Executive Closed
Session. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with
Councilmembers Jones, Derasary, Knuteson-Boyd, Duncan and Guzman-Newton voting aye.
Mayor Niehaus ended the Executive Closed Session at 9:18 p.m.
Adjournment: Councilmember Guzman-Newton moved to adjourn the meeting.
Councilmember Duncan seconded the motion. The motion passed unanimously and Mayor
Niehaus adjourned the meeting at 9:18 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
Page 1 of 2
March 10, 2021
MOAB CITY COUNCIL MINUTES--DRAFT
SPECIAL MEETING
March 10, 2021
The Moab City Council held a Special Meeting on the above date. Consistent with provisions of
the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council
Chair has issued written determinations supporting the decision to convene electronic meetings
of the Council without a physical anchor location. Due to the health and safety risks related to
the COVID-19 pandemic and considering public health orders limiting in-person gatherings, the
Moab City Council held this meeting by electronic means. An audio recording of the meeting is
archived at http://www.utah.gov/pmn/index.html. A video recording is archived at
https://www.youtube.com/watch?v=kGl7GYBFMds.
Moab City Council Strategic Planning 2021-2022
Mayor Emily Niehaus called the City Council Strategic Planning Workshop to order at 6:05 p.m.
Participating remotely were Councilmembers Rani Derasary, Karen Guzman-Newton, Tawny
Knuteson-Boyd, Mike Duncan and Kalen Jones. City staff participating remotely were Manager
Joel Linares, Assistant Manager Carly Castle, Attorney Laurie Simonson, Police Chief Bret Edge,
Planner Nora Shepard and Recorder Sommar Johnson.
City Manager Linares referred to the strategic planning process materials provided by City
departments and reviewed the year. He highlighted fluctuations in revenues and impacts of the
COVID-19 pandemic, and mentioned imminent additions to the staff.
Council and staff engaged in a question and answer session regarding budgetary concerns,
recreation facilities and planning code updates.
Linares next proposed a visioning process that would encompass and dovetail multiple planning
documents currently in process. Engagement of a consultant was discussed. Councilmembers
Knuteson-Boyd and Jones volunteered to join the Mayor and key staff in developing the vision
process.
Assistant Manager Castle provided an overview of continuing and current City Council
commitments for 2021-2022. Castle requested input from the Council regarding the extant list
of current commitments.
Planner Shepard presented a Planning Department overview. She noted that the next two or
three years will shape the future of Moab in the long term. She provided a brief overview of
major projects underway, both within the City and in the surrounding area. Councilmember
Duncan brought up water concerns and Mayor Niehaus mentioned the development of “Moab
South” in San Juan County. Planner Shepard asked, “How can we maintain Moab as a
community and great place to live, work and recreate with all this new development?” She
outlined key concerns for residents regarding housing stock, community character, density,
water and sewer supply and traffic. The Planning Department workflow was outlined and
discussed. Increasing the staff was brought up and Mayor Niehaus brought up a proposed
municipal property tax. Staff-intensive projects such as Walnut Lane were discussed.
Water supply concerns were touched on with regard to overnight accommodations and
community carrying capacity. Mayor Niehaus suggested the topic could be included in the
visioning process.
Page 2 of 2
March 10, 2021
Mayor Niehaus transitioned the discussion to noise issues, encompassing off-highway vehicles
(OHVs). The prior day’s vehicular noise workshop was referenced with regard to moving
forward with the proposed noise ordinance and timeline. City Attorney Simonson reviewed
ordinance development and Police Chief Edge reviewed steps, equipment needs, recruitment
issues and staff shortages. Councilmember Derasary brought up the offer of financial assistance
from the off-road industry and Mayor Niehaus suggested sponsorship from off-road groups;
Councilmember Guzman-Newton suggested local residents might also contribute and
Councilmember Jones expressed concern about soliciting assistance from off-road advocacy
groups. Mayor Niehaus spoke of an idea to create a seasonal law enforcement opportunity.
Discussion ensued regarding police department staffing levels.
Adjournment: Mayor Niehaus adjourned the meeting at 9:00 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
Page 1 of 1
March 11, 2021
MOAB CITY COUNCIL MINUTES--DRAFT
SPECIAL MEETING
March 11, 2021
Moab City Council held a Special Meeting on the above date. Consistent with provisions of
the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Council Chair has
issued written determinations supporting the decision to convene electronic meetings of the
Council without a physical anchor location. Due to the health and safety risks related to the
COVID-19 pandemic, Moab City Council held this meeting by electronic means. An audio
recording is at http://www.utah.gov/pmn/index.html; a video recording is archived at
https://www.youtube.com/watch?v=MhpX7PbRsuE.
Moab City Council Strategic Planning 2021-2022 Continuation
Mayor Emily Niehaus called the Workshop to order at 6:21 p.m. Participating remotely were
Councilmembers Rani Derasary, Karen Guzman-Newton, Tawny Knuteson-Boyd, Mike Duncan
and Kalen Jones. City staff participating remotely were Manager Joel Linares, Assistant
Manager Carly Castle, Attorney Laurie Simonson, Engineer Chuck Williams, Public Works
Director Levi Jones and Recorder Sommar Johnson.
The session began with a discussion about the state of the City’s sidewalks. Councilmember
Duncan briefly described his project to survey City areas without sidewalks. Councilmember
Jones suggested designating areas of pavement for pedestrians and bikes.
Assistant Manager Castle provided an update on Hotspot projects and funds from the Utah
Department of Transportation (UDOT). Attorney Simonson described a proposed “complete
streets” and “green streets” program to include updating existing ordinances. Manager Linares
asked about combining the sidewalks project with the complete streets program.
Engineer Williams reviewed capital water projects. Assistant Manager Castle presented a water
resource management timeline and project list. Discussion ensued regarding water resources for
the greater Spanish Valley area.
Assistant Manager Castle gave an overview of the City’s sustainability programs. Mayor Niehaus
brought up integrating the existing draft sustainability plan into the General Plan. The role of
the new Sustainability Director was considered and Mayor Niehaus emphasized development of
policies, resolutions and ordinances. Councilmember Derasary mentioned noise as an element
of sustainability, and Councilmember Jones concurred. Councilmember Duncan didn’t agree,
and suggested standards for nightly accommodations and water use were of concern. Mayor
Niehaus brought up carbon offsets. Councilmember Jones mentioned sustainable practices in
the City’s procurement policy. Councilmember Guzman-Newton suggested emphasizing car-free
options. Councilmember Jones mentioned the importance of charging stations for private
electric vehicles. The question of a budget for sustainability programs was discussed.
The overall City budget was discussed, emphasizing a possible municipal property tax.
Adjournment: Mayor Niehaus adjourned the meeting at 9:03 p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
1
Moab City Council Agenda Item Meeting Date: March 23, 2021
Title: Reconsideration of an Interlocal Agreement by and between the City of Moab and Grand County with respect to joint planning for and funding of the technical planning assistance program funds cooperative agreement
Disposition: Discussion and possible action
Staff Presenters: Chuck Williams, City Engineer Laurie Simonson, City Attorney
Attachment:
- Attachment 1 - Interlocal Agreement and Cooperative Agreement
Proposed Motion for Reconsideration: “I move to reconsider the vote by the Moab City Council on March 9, 2021 regarding the Interlocal Agreement by and between the City of Moab and Grand County with respect to joint planning for and funding of the technical planning assistance program funds cooperative agreement.”
Proposed Motion for Approval: “I move to approve the Interlocal Agreement by and between the City of Moab and Grand County with respect to joint planning for and funding of the technical planning assistance program funds cooperative agreement.”
Background/Summary: At its regularly scheduled meeting on March 9, 2021, the Moab City Council discussed and considered the Interlocal Agreement by and between the City of Moab and Grand County with respect to joint planning for and funding of the technical planning assistance program funds cooperative agreement. A motion to approve the Interlocal Agreement failed to obtain a majority vote. The City Council’s Rules of Procedure permit the Council to reconsider a prior vote. Specifically, paragraph eight of the Rules of Procedure provides that: 8. Reconsideration. Subject to applicable law, the Council may elect to reconsider a matter which was previously acted upon. Reconsideration requires a motion, second, and affirmative vote of the
2
majority. At the time of reconsideration the number of Council members present must be equal to the number of Council members present when the matter was first considered. Where reconsideration would have the effect of cancelling or abrogating a binding obligation of the City (such as a contract), the presiding officer shall require that the City Attorney provide a legal opinion to the Council on the subject prior to any action on reconsideration. Therefore, if at the time the Council reaches this agenda item at the March 23, 2021 Council meeting, the same number of Councilmembers are present as were present at the March 9, 2021 meeting, a Councilmember may make a motion to reconsider the Interlocal Agreement. If that motion receives a second and a majority vote, the Council could reconsider the item and take action (vote to approve or not approve or table). By way of background previously provided in the March 9, 2021 Agenda Summary, the City of Moab has not updated its Transportation Plan for over a decade. The Utah Department of Transportation (UDOT) has made available through its technical planning assistance program funds to assist local governments in transportation planning. The County applied for and received a grant to do so and asked the City if we wanted to conduct a joint plan, and the City affirmed that. The attached Interlocal Agreement (ILA) commits the City to funding of the Transportation Plan in the amount of $15,000. If Council approves this item the County will publish an RFP for qualified consultants to perform the planning effort. Staff recommends approval of this ILA.
INTERLOCAL AGREEMENT
By and Between
The City of Moab and Grand County
PERTAINING TO THE COOPERATION BETWEEN THE CITY OF MOAB (THE “CITY”)
AND GRAND COUNTY (THE “COUNTY”) WITH RESPECT TO JOINT PLANNING FOR
AND FUNDING OF THE TECHNICAL PLANNING ASSISTANCE PROGRAM FUNDS
COOPERATIVE AGREEMENT
RECITALS
WHEREAS, the Interlocal Cooperation Act (Utah Code §§ 11-13-1 et seq.) allows local
governmental agencies to enter into agreements that benefit their constituencies;
WHEREAS, the County desires to update the 2008 Spanish Valley Master Transportation
Plan;
WHEREAS, the City desires to implement a city transportation plan;
WHEREAS, City and County residents benefit from transportation planning, as updated and
amended from time to time;
WHEREAS, the Utah Legislature has appropriated funding for the Technical Planning
Assistance Program (“Program”) intended to help local governments to plan for future land use and
transportation, which program is administered by the Utah Department of Transportation
(“UDOT”);
WHEREAS, the County has procured funding from the Program pursuant to the Technical
Planning Assistance Program Funds Cooperative Agreement dated April 21, 2020, attached hereto
as Exhibit A (“Cooperative Agreement”);
WHEREAS, the City desires to contribute to the transportation planning effort and local
match requirement; and
WHEREAS, the City and County desire to define their relative duties and obligations with
respect to the management of funds provided by the Program.
AGREEMENT
NOW THEREFORE, in consideration of mutual covenants recited above, the mutual
benefits to be derived, and for other valuable considerations, the receipt and sufficiency of which
the parties acknowledge, it is hereby agreed as follows:
1. FUNDING REQUIREMENTS. The City and County acknowledge that the Cooperative
Agreement requires local government to provide $40,000 in local match monies in order to
be eligible for $110,000 in grant funds, for a project total of $150,000.
2. LOCAL MATCH. The County shall contribute $25,000 and the City shall contribute
$15,000 of the local match requirement, which contribution is due to the County upon
mutual execution of this Agreement. The County shall manage the funds for payment to
UDOT.
3. SCOPE OF WORK. The City and County agree to collaborate in producing a scope of work
that will be beneficial to their respective constituencies and agencies, which scope of work
must be approved by UDOT pursuant to the Cooperative Agreement.
4. ADMINISTRATION OF PROJECT. The City and County agree that the County shall act as
the lead agency under the Cooperative Agreement and shall be responsible for fulfilling the
requirements thereunder
5. EFFECTIVE DATE AND DURATION OF AGREEMENT. This Agreement shall become
effective upon its approval and execution by each party. This Agreement shall remain in
effect until the duties and obligations contained in the Cooperative Agreement are satisfied.
SIGNED AND DATED this______ day of _______2021.
GRAND COUNTY COUNCIL
ATTEST:
__________________________ __________________________
Mary McGann, Council Chair Quinn Hall, Clerk/Auditor
CITY OF MOAB, UTAH
ATTEST:
__________________________ __________________________
Emily Niehaus, Mayor Sommar Johnson, City Recorder
TECHNICAL PLANNING ASSISTANCE PROGRAM FUNDS
COOPERATIVE AGREEMENT
This Cooperative Agreement (the "Agreement") is entered into on 04/21/2020 , by
and between Utah Department of Transportation ("UDOT"), an agency of the State of Utah, and
Grand County ("Local Government"), a political subdivision of the State of Utah. UDOT and
Local Government are collectively referred to as "parties" and each may be referred to
individually as "party."
RECITALS
WHEREAS, the Utah Legislature has appropriated money for the Technical Planning
Assistance Program ("Program"). The funding is intended to help local governments plan for
future land use and transportation; and
WHEREAS, funds from this Program will be used to pay for costs for approved scope of
work; and
WHEREAS, the Local Government has committed a local match amount in order to
receive Program funding from UDOT; and
WHEREAS, this Agreement describes the amount of the funds that will be used for
approved scope of work for a plan or study addressing future land use and transportation.
AGREEMENT
NOW, THEREFORE, on the stated Recitals, which are incorporated herein by reference,
and for and in consideration of the mutual covenants and agreements hereafter set forth, the
mutual benefits to the parties to be derived, and for other valuable consideration, the receipt and
sufficiency of which the parties acknowledge, it is hereby agreed as follows:
1. Initial Scope of Work. UDOT must approve the initial scope of work and any
material modifications thereto during the development of the plan or study.
2. Local Match Amount. Local Government commits to match the amount of $40,000 in
order to receive the eligible Program fund amount of $110,000. UDOT will deliver the
Program funds in one lump -sum payment no later than 60 days after the agreement is
signed by both parties.
3. Progress Report. Local Government will submit to UDOT a brief, one -page progress
report for each quarter of the calendar year. The progress report will be submitted within
30 days after the end of each quarter and shall include the following:
a. A brief description of the progress and tasks completed for the approved scope of
work for the plan or study.
b. A summary of the funds expended and budget remaining.
1
4. Additional Information. The Local Government will cooperate with any of UDOT's
requests for information or status concerning the plan or study.
5. Adoption of Plan or Study. After the project is complete, the Local Government will
adopt or start the process to adopt the results of the plan or study.
6. No Additional Funds. Unless specifically agreed to in writing, UDOT and Local
Government will not be required to contribute additional funds unless specifically
described in an amendment to this Agreement. However, if Local Government decides to
cancel or abandon the project described in the approved scope before it is complete,
UDOT may require Local Government to return all or a portion of the awarded Program
funds.
7. Term. The Parties agree that this Agreement shall remain in full force and effect for a
period of three years unless agreed to by the Parties in an amendment to this
Agreement.
8. Termination. In the event the Local Government does not comply with the requirements
of this Agreement, UDOT will provide written notice of the non-compliance. If the
Local Government does not remedy the breach within a reasonable time period, UDOT
may terminate the Agreement. In the event of termination for non-compliance, UDOT
may require all or a portion of the Program funds to be returned.
9. Amendment/Waiver. No waiver, termination, amendment or other modification of any
provision to this Agreement shall be effective unless the same shall be in writing and
signed by all parties, and then such waiver, termination, amendment or modification shall
be effective only in the specific instance and for the specific purpose for which it is
.
given.
10. Entire Agreement. This Agreement constitutes the entire Agreement by and between the
Parties with respect to the subject matter of this Agreement and supersedes all prior
agreements, understandings and negotiations, both written and oral, with respect to the
subject matter of this Agreement. No representation, warranty, inducement, promise,
understanding or condition which is not set forth in this Agreement has been made or
relied upon by either of the parties hereto.
11. Dispute Resolution. The Parties agree to make a good faith effort to resolve any dispute
regarding the construction or interpretation of any provision of this Agreement, or
regarding any policy matter or the determination of any issue of fact, at the lowest
appropriate level.
12. Authority. The individuals executing this Agreement each represent and warrant (i) that
he or she is authorized to do so on behalf of the respective parties hereto, (ii) that he or
she has full legal power and authority to bind the respective parties hereto, and if
necessary, has obtained all required consents or delegations of such power and authority,
and (iii) that the execution, delivery and performance by the respective parties hereto of
this document will not constitute a default under any agreement to which it is a party.
2
IN WITNESS WHEREOF, the Parties have entered into this Agreement effective the date
first set forth herein.
UTAH DEPARTMENT OF TRANSPORTATION
By: -6_4
Title: Program Development Director
Date: 04/21/2020
GRAND COUNTY
By:
Title: Chair of Grand County Council
Date: 04/21/2020
Attest:
&frillrie hie
3
1
Moab City Council Agenda Item
Meeting Date: March 23, 2021
Title: Resolution #09-2021— A Resolution Confirming the Appointment of Ben Billingsley,
As the City Finance Director; and Authorizing the Mayor to Execute an Employment
Agreement.
Presenter: Mayor Niehaus
Attachment(s):
● Proposed Resolution
● City Finance Director Job Description
Suggested Motion: "I move to approve Resolution 09-2021, confirming the appointment of
Ben Billingsley, as the City Finance Director; and authorizing the Mayor to execute an
Employment Agreement between the City of Moab and Ben Billingsley.”
Background/Summary:
Utah Code Annotated §10-6-157 states that a city of the third, fourth, or fifth class or of a town,
by resolution or ordinance, create a director of finance position to perform the financial duties and
responsibilities of the city recorder or town clerk. A director of finance shall be a qualified person
and be appointed and removed by the mayor, with the advice and consent of the legislative body.
As passed in City of Moab Ordinance 18-2018, the City of Moab created a finance director position
which can be found in City Code 2.14.010, et al.
The term of employment is subject to the provisions of the contract agreed to by the finance
director and the City. The finance director is an at-will, exempt employee. Any person serving as
finance director may be removed with or without cause by the Mayor with the consent of the
City Council.
The powers, duties, and obligations of the finance director shall be enumerated in the position
description on file with the office of the City Recorder.
The proposed resolution memorializes the appointment and the City Council’s consent.
CITY OF MOAB RESOLUTION NO. 09-2021
A RESOLUTION CONFIRMING THE APPOINTMENT OF
BEN BILLINGSLEY, AS THE CITY FINANCE DIRECTOR; AND
AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
AGREEMENT
WHEREAS, the Mayor for the City of Moab is authorized, pursuant to the City of Moab
Municipal Code, 2.14.020, to appoint, with the advice and consent of the City Council, an
individual to serve as the City Finance Director; and
WHEREAS, the Mayor seeks the advice and consent of the City Council concerning the
appointment; and
WHEREAS, the Mayor desires to appoint Ben Billingsley as the City Finance Director
for the City of Moab; and authorize the Mayor to execute an Employment Agreement;
and
WHEREAS, the City Council desires to consent to this appointment for both the Finance
Director and for the approval of the Employment Agreement.
THEREFORE, be it resolved that the City of Moab City Council hereby adopts this
Resolution and confirms the appointment of Ben Billingsley, as the City Finance Director
and authorizes the Mayor to execute an Employment Agreement.
This Resolution shall take effect on March 23, 2021.
Passed and adopted by action of the Governing Body of the City of Moab in open session
on this 23rd day of March 2021.
SIGNED: ATTEST:
_________________________ ________________________
Emily S. Niehaus, Mayor City Recorder
City of Moab
Job Description
Job Title: Finance Director Department: Finance
Full-time. Exempt Effective Date: 2/17/2021
GENERAL PURPOSE
The Finance Director is a senior-level member of the City’s leadership team, overseeing
the annual budget process, ensuring that all liquid asset-related procedures and policies
are contemporary and implemented, and providing strategic leadership regarding the
City’s financial practices across departments. The Finance Director will manage the
Finance Department, which includes the City Treasurer and related functions, and
interfaces regularly with the City Council as the policymaking authority of the City.
REPORTING RELATIONSHIPS
Supervision Received: The City Manager supervises the Finance Director.
Supervision Exercised: The Finance Director supervises the City Treasurer and other
employees of the Treasury and the Finance Department.
ESSENTIAL FUNCTIONS
Budget. The Finance Director will be the statutorily designated Budget Officer for the
City of Moab, and in close coordination with the City Manager will direct the process by
which the administrative staff prepare and recommend an annual budget to the City
Council. Duties may include:
• Developing rolling revenue projections and providing revenue status reports to
the City Manager and City Council;
• Monitoring revenues and expenditures and apprising the City Manager of
revenue shortfalls, expenditure overruns and non-compliance situations;
• Designing and refining the annual budget process;
• Preparing budgetary estimates for annual personnel costs and any other category
as requested by City Manager; and
Fiscal policies and procedures. This position oversees the development and
implementation of the City’s fiscal policies and procedures, including:
• Ensuring City fiscal activities conform to statutory and generally-accepted
accounting principles; Managing accounts receivable;
• Coordinating with the Recorder’s Office regarding accounts payable;
" S u p e r v i s i n g c i t y w i d e c a s h - h a n d l i n g p r o c e d u r e s ;
" M a n a g i n g t h e p r o c e s s b y w h i c h i n d e p e n d e n t f i n a n c i a l a u d i t s t a k e p l a c e ;
" A c t i n g a s a n i n t e r n a l a u d i t o r i n o r d e r t o c o n t r o l a n d m a n a g e C i t y - w i d e
a c c o u n t i n g , f i n a n c i a l r e p o r t i n g a n d b u d g e t i n g ;
" B i l l i n g , c o l l e c t i n g , a n d m a n a g i n g a l l s p e c i a l t a x e s a n d a s s e s s m e n t s , i n c l u d i n g
l i e n s a n d p r o p e r t y t a x e s ; a n d
" O v e r s e e i n g c o l l e c t i o n s .
" C o m p i l i n g a n d p o s t i n g a l l f i n a n c i a l d a t a t r a n s a c t i o n s q u a r t e r l y t o m e e t s t a t e
t r a n s p a r e n c y r e p o r t i n g r e q u i r e m e n t s ;
" O v e r s e e i n g , p r e p a r i n g a n d f i l i n g a l l f e d e r a l a n d s t a t e t a x r e t u r n s f o r M o a b C i t y
C o r p o r a t i o n ;
" P a r t i c i p a t i n g i n t h e f o r m a t i o n , e v a l u a t i o n , i m p l e m e n t a t i o n , a n d l e g a l c o m p l i a n c e
r e g a r d i n g t h e C i t y s b u d g e t ;
" P r e p a r e s a n d s u b m i t s a n n u a l b u d g e t c e r t i f i c a t i o n t o U t a h S t a t e A u d i t o r ;
" C o m p i l e s a n d t r a c k s a l l i m p a c t f e e f i n a n c i a l d a t a i n c l u d i n g d e t a i l e d t i m e t r a c k i n g
o f c o l l e c t i o n o f f e e s , e x p e n d i t u r e o f f e e s , e x p e n d i t u r e t i m e f r a m e s a n d a n n u a l
c e r t i f i c a t i o n a n d r e p o r t i n g t o U t a h S t a t e A u d i t o r .
F i n a n c i a l A n a l y s i s . T h e F i n a n c e d i r e c t o r s e r v e s a s t h e f i n a n c i a l a n a l y s t f o r t h e C i t y
w h i c h i n c l u d e s :
" D e v e l o p i n g a n d u p d a t i n g f i n a n c i a l m e t r i c s f o r t h e C i t y b a s e d o n p u b l i c f i n a n c e
t r e n d s a n d b e s t p r a c t i c e s ;
" P r e p a r i n g l o n g t e r m f i n a n c i a l m o d e l s , i n c l u d i n g f o r e c a s t s o f f i n a n c i a l c o n d i t i o n s ,
n e e d s a n d r e s o u r c e s ;
" P r e p a r i n g a n d p r e s e n t i n g f i n a n c i a l d a t a i n a f o r m a t t h a t i s u n d e r s t a n d a b l e t o
p e o p l e w i t h o u t a f i n a n c i a l b a c k g r o u n d ;
" E n s u r i n g t h a t f i n a n c i a l p r e s e n t a t i o n s t o t h e C i t y C o u n c i l a r e c l e a r a n d c o n c i s e
a n d s t r u c t u r e d t o m e e t t h e n e e d s o f a d a t a - d r i v e n d e c i s i o n p r o c e s s ;
" E s t a b l i s h i n g a n d m a i n t a i n i n g i n f o r m a t i v e a n d c l e a r f i n a n c i a l d a t a f o r p u b l i c
a c c e s s ; a n d
" W o r k i n g w i t h o u t s i d e f i n a n c i a l c o n s u l t a n t s a n d i n s t i t u t i o n s t o i d e n t i f y a n d s e c u r e
f u n d i n g s o u r c e s f o r c a p i t a l a n d o p e r a t i o n a l n e e d s .
B u s i n e s s l i c e n s i n g . T h e F i n a n c e D e p a r t m e n t m a n a g e s t h e b u s i n e s s l i c e n s i n g p r o c e s s
f o r t h e C i t y , w h i c h i n c l u d e s :
" A d m i n i s t e r i n g t h e d a i l y b u s i n e s s l i c e n s i n g f u n c t i o n s ;
" E n s u r i n g c o m p l i a n c e w i t h l i c e n s i n g p r o c e d u r e s ;
" K e e p i n g r e c o r d s o f b u s i n e s s l i c e n s e s ;
" A d m i n i s t e r i n g l i c e n s e r e n e w a l n o t i f i c a t i o n p r o c e s s ;
" C o o r d i n a t i n g e n f o r c e m e n t w i t h t h e C o d e C o m p l i a n c e O f f i c e r , i n c l u d i n g t h e
r e v o c a t i o n p r o c e s s ; a n d
" P r o p o s i n g c h a n g e s t o t h e p r o c e s s a n d / o r t h e C i t y C o d e t o e n s u r e c o m p l i a n c e w i t h
s t a t e l a w a n d c o n f o r m a n c e w i t h b e s t p r a c t i c e s .
S t r a t e g i c p l a n n i n g . T h e F i n a n c e D i r e c t o r i s a n e s s e n t i a l v o i c e i n t h e o v e r a l l s t r a t e g i c
d i r e c t i o n o f t h e C i t y a n d w i l l a d v i s e t h e C i t y M a n a g e r a n d C i t y C o u n c i l o n a r e g u l a r b a s i s
regarding the City’s approach to maintaining a financially healthy organization.
Furthermore, the Finance Director will:
• Develop finance-related training and continuous improvement plans for City
staff;
• Participate in citywide planning and visioning efforts;
• Coordinate closely with the City Engineer in the ongoing development of a city-
wide capital facilities plan; and
• Consult regularly with various City staff regarding their departmental needs and
financial position.
MINIMUM QUALIFICATIONS
Education and experience
• Bachelor’s Degree in Finance, Business, Public Administration, or a closely-
related field; a graduate degree is strongly preferred;
• Five years’ experience in public finance and/or public administration; or
• An equivalent combination of training and experience. Experience in a municipal
government setting is required.
Certifications
• Must hold Utah Business License Association Certification within 2 years from hire
date.
Skills and abilities
• Strong supervisory and personnel management skills;
• Extensive knowledge of government accounting and finance practices;
• Advanced database, spreadsheet, and word processing abilities, with a
demonstrated history learning new computer applications quickly;
• Excellent customer service skills, including the ability to de-escalate
confrontational members of the public;
• Direct experience in developing financial metrics; and
• Experience preparing data for and participation in data-driven decision making.
WORK ENVIRONMENT AND PHYSICAL AND MENTAL DEMANDS
The Finance Director will work under typical office conditions, and the noise level is
usually quiet.
While performing the duties of this job, employees are regularly required to sit, walk
and stand; talk or hear, both in person and by telephone: use hands repetitively to
finger, handle, feel or operate standard office equipment; reach with hands and arms;
and lift up to 25 pounds.
While performing the duties of this job, employees are regularly required to use written
and oral communication skills; read and interpret data, information and documents;
analyze and solve non-routine and complex office administrative problems; use math
and mathematical reasoning; observe and interpret situations; learn and apply new
information or skills; perform highly detailed work on multiple, concurrent tasks;
work under intensive deadlines with frequent interruptions; and interact with City
managers, staff, customers, the public and others encountered in the course of work.
SELECTION GUIDELINES
A formal application and résumé is required; finalists will interview with the
appropriate hiring authority. Applicant must pass a pre-employment drug test and
background check, and upon employment, must possess a valid Utah driver's license.
Moab City Council Agenda Item
3rd Street Townhomes Plat
Meeting Date: March 23, 2021
Title: Consideration and Possible Approval of Resolution #06-2021, A Resolution
Approving the Townhome Plat Application for the 3rd Street Townhomes, property
located at 116 South 300 East, Moab UT 84532.
Disposition: Discussion and Possible Action
Staff Presenter: Cory P. Shurtleff, Assistant Planner
Attachment(s):
- Exhibit 1: Draft Resolution #06-2021
- Exhibit 2: Vicinity Map
- Exhibit 3: Recorded County Plat
- Exhibit 4: Draft Survey Plat
Options:
1. Approve Resolution #06-2021 with or without modifications;
2. Continue action on the item and give specific
direction to the applicant and staff as to additional
information needed;
3. Deny Resolution #06-2021.
Motion for Recommendation: I move that the City Council approve Resolution #06-
2021, A Resolution Approving the Townhome Plat Application for the 3rd Street
Townhomes, property located at 116 South 300 East, Moab UT 84532.
Applicant: Ben Byrd, Developer
Background:
Ben Byrd, applicant and project developer, submitted the City of Moab Pre-Application
Meeting Request Form, with associated materials on June 24, 2020. This application
was reviewed by the City of Moab Development Review Team on July 8, 2020, with
comments sent back to the applicant. As the proposed development scope did not
require additional Staff review through a Site Plan Application, the proposed
development was submitted and processed through the Building Permit Application
process. Nearing project completion, the applicant has submitted the Townhome Plat
Application, via the New Condominium Plat Application, to record the Townhome Plat
ownership division of the 5 unit multi-household dwelling.
Project Summary:
Location: 116 South 300 East, Moab UT
Property Owner: Craig Parkes
Applicant: Ben Byrd
Parcel Size: 0.32 Acres
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Current Zone R-3 Multi-Household Residential Zone
Proposed Use: 5 unit Townhome Residential; Multi-Household
Narrative Summary:
The applicant has provided the following summary of the project:
“3rd Street Subdivision
Third street subdivision is a split of a 13772 sq. R-3 city lot into 5 separate residential
parcels. Moab city code allows "one multi household lot per 2000 sq foot" in R -3 per
17.48.030.
The lots created will front on 100 S. with a shared access to the garages off of 300 E.
This project has been started and is scheduled for an April Completion which will
include the required Water, and Sewer Connections. The 3rd street HOA will be in place
and oversee the shared access and other common elements of this subdivision. I have
attached them with this submittal.
Homes being built now on the property are 2 story, 1600sq. foot+-, with 2 car garages.
Each home has a nice sized driveway in the back and a small yard area in the front.
Process: Condominium Plat/ Townhome Plat
Section 17.79.060 of the Moab Municipal Code allows the Planning Commission to approve
the Condominium Plat complying with the provisions of the Utah Condominium Ownership
Act. having been reviewed and recommended by Planning Staff. Section 16.08.020 of the
Moab Municipal Code allows exceptions to Final Plat procedures for Minor Subdivisions,
with approval by the City Council. This item defined as a Townhome Plat does not have
specific code or procedures. The development of 5 multi-household dwelling units in the R-3
Multi-Household Residential zone is permitted by-right through a Building Permit Review
process, without additional Planning review process. The Townhome Plat is essentially a
function of ownership (similar to that of a Condominium Plat), applied to the permitted
development and land area associated with each dwelling unit. Condominium Plats do not
require City Council review or approval. A Townhome Plat, given the specific “division” and
allocation of land specific to lots, has been historically and by policy recommended by the
Planning Commission and approved by the City Council, similar to that of a minor
subdivision procedure. The aforementioned MMC sections are included below:
17.79.060
Plat and declaration approval.
All condominium developments shall include a condominium plat and condominium
declaration complying with the provisions of the Utah Condominium Ownership Act. The
proposed plat and declaration shall be submitted with the application for staff review prior to
any applicable decision by the body having land use authority. The final plat for all
condominium conversions shall include a signature block for the Planning Commission, City
Planner, City Engineer, and City Attorney which must be executed prior to recording. Except
where the applicant posts a performance guarantee under Section 16.20.060 (subdivisions)
or Section 17.66.180(C) (planned unit developments), the condominium plat and declaration
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shall not be recorded until all approvals required under by city code have been obtained and
all required improvements have been completed. (Ord. 06-10 (part), 2006)
16.08.020
Exceptions--Final plat.
In subdivisions of less than five lots, land may be sold after recording of a plat, if all the
following conditions are met:
A. The subdivision plan shall have been approved by the Planning Commission, the
planning coordinator, the City Engineer, the City Attorney, other agencies the zoning
administrator deems necessary, and the City Council;
B. The subdivision is not traversed by lines of a proposed street, and does not require the
dedication of any land for street or other purposes;
C. Each lot within the subdivision meets the frontage width and area requirements of the
zoning title or has been granted a variance from such requirements by the appeal authority;
D. All final plat requirements shall be complied with;
E. All provisions of Chapter 16.20 of this title shall be complied with; and
F. The water supply and sewage disposal shall have been approved by the utility
supervisor. (Ord. 10-06, 2010; Ord. 13-81 (part), 1981: prior code §22-2-2)
CITY OF MOAB RESOLUTION NO. 06-2021
A RESOLUTION APPROVING THE TOWNHOME PLAT APPLICATION FOR THE 3RD STREET
TOWNHOMES, PROPERTY LOCATED AT 116 SOUTH 300 EAST, MOAB UT 84532 .
WHEREAS, the following describes the intent and purpose of this resolution:
a. Applicant, Ben Byrd, on behalf of Craig Parkes (Owner), has submitted the Townhome Plat
Application via, the Condominium Plat Application, for the five (5) unit multi-household
dwelling conversion to a Townhome Plat property, located at 116 South 300 East, Moab UT
84532; and
b. The Applicant submitted to the City of Moab the appropriate application and documents for
review and approval of the proposed 3rd Street Townhomes as required in the Moab Municipal
Code (MMC) Chapter 17.79.030; and
c. The townhome lots are located on a 0.32acre property in the R-3 Multi-Household Residential
Zone and the proposed use is allowed as a permitted use in this zone; and
d. As required in MMC Chapter 17.79.30, existing structures shall not be converted to condominium
ownership without first receiving review and recommendation of the City Planning Staff, then
approval from the Planning Commission; and
e. As required in MMC Chapter 16.08.020, the subdivision plan shall have been approved by the
Planning Commission, the planning coordinator, the City Engineer, the City Attorney, other
agencies the zoning administrator deems necessary, and the City Council; and
f. This item defined as a Townhome Plat does not have specific code or procedures. The
development of 5 multi-household dwelling units in the R-3 Multi-Household Residential zone is
permitted by-right through a Building Permit Review process, without additional Planning review
process. The Townhome Plat is essentially a function of ownership (similar to that of a
Condominium Plat), applied to the permitted development and land area associated with each
dwelling unit. Condominium Plats do not require City Council review or approval. A Townhome
Plat, given the specific “division” and allocation of land specific to lots, has been historically and
by policy recommended by the Planning Commission and approved by the City Council, similar
to that of a minor subdivision procedure; and
g. The purpose for this Townhome Plat Application is to change the designation of the constructed
units, into individual townhome lots as defined in MMC chapter 17.06.020, for the purpose of
allowing individual ownership of the dwelling units in each lot; and
h. Following the consideration of the technical aspects of the pertinent code sections, the City of
Moab Planning Commission, pursuant to Planning Resolution #02-2021, hereby finds that the
application to record the 3rd Street Townhome Plat can meet or exceed the pertinent code
requirements.
NOW, THEREFORE, having considered public comment, staff comments, and discussion of the
pertinent aspects of the proposed townhome plat application, by adoption of Resolution #06-2021, does
herby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the
intent of the Moab General Plan can be met;
AND, FURTHERMORE, BE IT RESOLVED BY THE CITY OF MOAB CITY COUNCIL, the 3rd
Street Townhome Plat, on the property located at 116 S 300 E, Moab UT 84532, is hereby APPROVED.
Resolution #13-2016 Page 2 of 2
PASSED AND APPROVED in open meeting by a majority vote of the Governing Body of the City of
Moab City Council on March 23, 2021.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________
Sommar Johnson, Recorder
38°34'16.75 " N 109 =32'40.26" VI elev 4064 ft
A
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Moab City Council Agenda Item Meeting Date: March 23, 2021
Item: Ordinance No. 2021-04 - A Text Amendment Removing Chapter 17.74 “Noise” From Title 17 “Zoning” of the Moab Municipal Code (“MMC”) and Relocating the Noise Provisions to Title 8 “Health and Safety” by Creating Section 8.24 of Title 8 “Health and Safety”
Staff Presenters: Nora Shepard, Planning Director Cory Shurtleff, Assistant Planning Director Laurie Simonson, City Attorney
Attachment: - Attachment 1: Ordinance No. 2021-04 - A Text Amendment Removing Chapter 17.74 “Noise” From Title 17 “Zoning” of the Moab Municipal Code (“MMC”) and Relocating the Noise Provisions to Title 8 “Health and Safety” by Creating Section 8.24 of Title 8 “Health and Safety”
Options: 1. Approve Ordinance 2021-04, with or without modifications; or 2. Continue or table action to a later meeting with specific direction to City staff as to additional information needed to make a decision; or 3. Deny Ordinance 2021-04, giving specific findings for that decision.
Proposed Motion to Approve: “I move to approve Ordinance No. 2021-04 - A Text Amendment Removing Chapter 17.74 ‘Noise’ From Title 17 ‘Zoning’ of the Moab Municipal Code (‘MMC’) and Relocating the Noise Provisions to Title 8 ‘Health and Safety’ by Creating Section 8.24 of Title 8 ‘Health and Safety.’”
Background: The City’s regulations regarding noise are currently located in Moab Municipal Code Chapter 17 – “Zoning.” Most of the City’s current noise regulations and prohibitions are not regulated through zoning. Additionally, most local governments place their noise regulations in a category such as Health and Safety. Moving the City’s noise provisions as currently written from the “Zoning” section of the Municipal Code to the “Health and Safety” section will be more consistent with other communities and will be more consistent with
2
the intent and content of the noise regulations. Further, the City Council and staff will be better positioned to effectively process amendments to the noise regulations in a timely manner.
CITY OF MOAB, UTAH
ORDINANCE NO. 2021-04
A TEXT AMENDMENT REMOVING CHAPTER 17.74 “NOISE” FROM TITLE 17
“ZONING” OF THE MOAB MUNICIPAL CODE (“MMC”) AND RELOCATING THE
NOISE PROVISIONS TO TITLE 8 “HEALTH AND SAFETY” BY CREATING
SECTION 8.24 OF TITLE 8 “HEALTH AND SAFETY”
WHEREAS, the City has enacted Title 17.00, “Zoning,” of the Moab Municipal Code
(‘MMC”) that governs land use and development within the City Limits.
WHEREAS, from time to time the City undertakes revisions of Title 17.00 to improve
the quality of land development and align the Code with state law and contemporary
planning concepts.
WHEREAS, the City finds that this Ordinance will serve the public health, safety, and
welfare, and that adoption is in the best interests of the Moab community.
WHEREAS, the administration of noise provisions is currently granted to the Chief of
Police, the Zoning Administrator, and the Director of Public Works. Because the
noise provisions are currently located in Title 17 of the MMC, any changes to those
provisions must be reviewed and recommended by the Planning Commission
including the required public notice and hearings.
WHEREAS, the City Council has directed the City Staff to relocate the City’s noise
provisions to Title 8 “Health and Safety” eliminating the need to amend the Zoning
Code to effectuate changes to the noise provisions.
WHEREAS, a public hearing was held before the Planning Commission on March
11. 2021. That hearing was duly noticed and the notice was published in the Times
Independent on February 25, 2020 and March 4, 2021.
WHEREAS, this Ordinance was reviewed by the Planning Commission on March 11,
2021, and the Commission favorably recommended approval of the Ordinance to City
Council.
NOW, THEREFORE BE IT ORDAINED that the following changes be made to the
MMC as follows:
Section 1. Delete Section 17.74 Noise from the MMC Zoning Code
Section 2. Add noise provisions to the MMC Title 8 “Health and Safety” as a new
Section 8.24 as follows:
8.24.010 Definitions.
8.24.020 Purpose.
8.24.030 Jurisdiction.
8.24.040 Powers and duties.
8.24.050 Scope.
8.24.060 Emergency orders.
8.24.070 General prohibition of noise.
8.24.080 Noise levels.
8.24.090 Specific noise prohibitions.
8.24.100 Exemptions.
8.24.110 Relief from restrictions.
8.24.120 Enforcement responsibility.
8.24.130 Enforcement.
8.24.140 Penalty.
8.24.010 Definitions.
For the purposes of these regulations, unless otherwise defined in other sections of
these regulations, the following terms, phrases and words shall have the meaning
herein given:
“Continuous sound” means any sound that exists, essentially without interruption, for
a period of ten minutes or more.
“Cyclically varying noise” means any sound that varies in sound level so that the
same level is obtained repetitively at relatively uniform levels of time.
“Device” means any mechanism that is intended to produce, or that actually produces
noise when operated or handled.
“Dynamic braking device” means a device used primarily on trucks for the conversion
of the engine from an internal combustion engine to an air compressor for the
purposes of braking without the use of wheel brakes, commonly referred to as
“Jacob’s Brake” or “Jake Brake.”
“Emergency” means a situation or occurrence, which in the opinion of the Chief of
Police, Zoning Administrator, or Public Works Director, may present an imminent
threat to the health, safety or welfare of any person, place or property.
“Emergency vehicle” means a motor vehicle used in response to a public calamity or
to protect persons or property from an imminent exposure to danger.
“Emergency work” means work required to restore property to a safe condition
following a public calamity or to protect persons or property from an imminent
exposure to danger.
“Impulsive noise” means a noise generating excursions of usually less than one
second.
M o t o r v e h i c l e m e a n s a n y v e h i c l e t h a t i s s e l f - p r o p e l l e d b y m e c h a n i c a l p o w e r ,
i n c l u d i n g , b u t n o t l i m i t e d t o , p a s s e n g e r c a r s , t r u c k s , t r u c k - t r a i l e r s , s e m i - t r a i l e r s ,
c a m p e r s , m o t o r c y c l e s , m i n i - b i k e s , g o - c a r t s , s n o w m o b i l e s a n d r a c i n g v e h i c l e s .
M u f f l e r m e a n s a n a p p a r a t u s c o n s i s t i n g o f a s e r i e s o f c h a m b e r s o r b a f f l e p l a t e s
d e s i g n e d t o t r a n s m i t g a s e s w h i l e r e d u c i n g s o u n d .
N o i s e m e a n s a n y s o u n d t h a t i s u n w a n t e d a n d c a u s e s o r t e n d s t o c a u s e a n a d v e r s e
p s y c h o l o g i c a l o r p h y s i o l o g i c a l e f f e c t o n h u m a n b e i n g s .
N o i s e d i s t u r b a n c e m e a n s a n y s o u n d t h a t a n n o y s o r d i s t u r b s a r e a s o n a b l e p e r s o n ( s )
w i t h n o r m a l s e n s i t i v i t i e s o r t h a t i n j u r e s o r e n d a n g e r s t h e c o m f o r t , r e p o s e , h e a l t h ,
h e a r i n g , p e a c e o r s a f e t y o f a n o t h e r p e r s o n ( s ) .
P l a i n l y a u d i b l e n o i s e m e a n s a n y n o i s e f o r w h i c h t h e i n f o r m a t i o n c o n t e n t o f t h a t
n o i s e i s u n a m b i g u o u s l y t r a n s f e r r e d t o t h e l i s t e n e r , i n c l u d i n g , b u t n o t l i m i t e d t o t h e
u n d e r s t a n d i n g o f s p o k e n s p e e c h , c o m p r e h e n s i o n o f w h e t h e r a v o i c e i s r a i s e d o r
n o r m a l , o r c o m p r e h e n s i o n o f m u s i c a l r h y t h m s .
P r o p e r t y b o u n d a r y m e a n s a n i m a g i n a r y l i n e a t t h e g r o u n d s u r f a c e , a n d i t s v e r t i c a l
e x t e n s i o n t h a t s e p a r a t e s t h e r e a l p r o p e r t y o w n e d b y o n e p e r s o n f r o m t h a t p r o p e r t y
o w n e d b y a n o t h e r p e r s o n .
S o u n d m e a n s a t e m p o r a l a n d s p a t i a l o s c i l l a t i o n i n p r e s s u r e , o r o t h e r p h y s i c a l
q u a n t i t y w i t h i n t e r v a l f o r c e s t h a t c a u s e c o m p r e s s i o n o r r a r e f a c t i o n o f t h e m e d i u m ,
a n d t h a t p r o p a g a t e s a t f i n i t e s p e e d t o d i s t a n t p o i n t s .
S t a t i o n a r y n o i s e s o u r c e m e a n s a n y d e v i c e , f i x e d o r m o v e a b l e , t h a t i s l o c a t e d o r
u s e d o n p r o p e r t y o t h e r t h a n a p u b l i c r i g h t - o f - w a y . ( O r d . 9 4 - 2 6 ( p a r t ) , 1 9 9 4 )
8 . 2 4 . 0 2 0 P u r p o s e .
T h e s e r e g u l a t i o n s e s t a b l i s h m i n i m u m s t a n d a r d s t o :
A . R e d u c e t h e m a k i n g a n d c r e a t i o n o f e x c e s s i v e , u n n e c e s s a r y , o r u n u s u a l l y l o u d
n o i s e s w i t h i n t h e l i m i t s o f t h e C i t y ; a n d
B . P r e v e n t e x c e s s i v e , u n n e c e s s a r y , o r u n u s u a l l y l o u d n o i s e s t h a t a r e p r o l o n g e d ,
u n u s u a l , o r u n r e a s o n a b l e i n t h e i r t i m e , p l a c e , o r u s e , t h a t a f f e c t a n d a r e a d e t r i m e n t
t o p u b l i c h e a l t h , c o m f o r t , c o n v e n i e n c e , s a f e t y , o r w e l f a r e o f t h e r e s i d e n t s o f t h e C i t y ;
a n d
C . S e c u r e a n d p r o m o t e t h e p u b l i c h e a l t h , c o m f o r t , c o n v e n i e n c e , s a f e t y , w e l f a r e a n d
t h e p e a c e a n d q u i e t o f t h e r e s i d e n t s o f t h e C i t y . ( O r d . 9 4 - 2 6 ( p a r t ) , 1 9 9 4 )
8 . 2 4 . 0 3 0 J u r i s d i c t i o n .
A l l n o i s e c o n t r o l i n t h i s c h a p t e r s h a l l b e s u b j e c t t o t h e d i r e c t i o n a n d c o n t r o l o f t h e
C h i e f o f P o l i c e , Z o n i n g A d m i n i s t r a t o r a n d t h e P u b l i c W o r k s D i r e c t o r . ( O r d . 9 4 - 2 6
( p a r t ) , 1 9 9 4 )
8.24.040 Powers and duties.
The Chief of Police, Zoning Administrator and the Public Works Director shall be
responsible for the administration of these rules and regulations and any other
powers vested in them by law and shall make inspections of any premises and issue
orders as necessary to affect the purposes of these regulations, and do any and all
acts permitted by law that are necessary for the successful enforcement of these
regulations. (Ord. 94-26 (part), 1994)
8.24.050 Scope.
It is unlawful for any person not to comply with any rule or regulation promulgated by
this chapter, unless expressly waived by these rules and regulations. (Ord. 94-26
(part), 1994)
8.24.060 Emergency orders.
Whenever the Chief of Police, Zoning Administrator, Public Works Director or their
official designees finds that an emergency exists, one or all of the following actions
may be required to be taken:
A. Order of Emergency Suspension. In time of a public calamity or disaster,
emergency suspension of these rules and regulations may be ordered by the Chief of
Police, Zoning Administrator or Public Works Director or their official designees for
the duration of seventy-two hours, at which time the incident will be assessed and
further suspension of these rules ended or suspended.
B. Approval of Application for Exemption for Emergency Reasons. An individual
may apply for emergency exemption to these rules and regulations based on good
and reasonable cause due to emergency circumstances, as defined in this chapter.
(Ord. 94-26 (part), 1994)
8.24.070 General prohibition of noise.
It is unlawful for any person to produce, continue, or cause to be produced or
continued, any noise disturbance within the limits of the City, as defined in this
chapter. (Ord. 94-26 (part), 1994)
8.24.080 Noise levels.
The making and/or creating of excessive or unusually loud noise or sound within the
City as identified in subsection (A) of this section, or identified and measured in the
manner prescribed in subsection (B) of this section, or in violation of restricted hours
as outlined in subsection (C) of this section is unlawful.
A. On the public right-of-way or upon public property, from the source or device as
to be plainly audible at a distance of fifty feet or on private property, as to be plainly
audible at the property line.
B. The noise shall be measured at a distance of at least twenty-five feet from the
source of the device upon public property or within the public right-of-way or twenty-
five feet from the property line if upon private property, and shall be measured on a
decibel or sound level meter of standard design and quality on the “A” weighing
scale. A measurement of sixty-five decibels shall be considered to be excessive and
unusually loud.
C. Hours of restriction are as follows:
Residential:
10:00 p.m. to 7:00 a.m.
Monday through Saturday
Not before 9:00 a.m. Sunday
Commercial:
10:00 p.m. to 6:00 a.m.
Monday through Saturday.
(Ord. 94-26 (part), 1994)
8.24.090 Specific noise prohibitions.
The following acts are declared to be in violation of these rules and regulations:
A. Horns and Signaling Devices. The sounding of any horn or signaling device on
any truck, automobile, motorcycle, emergency vehicle, or other within the City, except
as a danger warning signal as provided by the Vehicle Code of the state of Utah.
B. Radios, Television Sets, Tape Players, Musical Instruments and Similar Devices.
Using, operating, or permitting, the use or operation of any radio receiving set,
musical instrument, television, phonograph, drum or other device for the production
or reproduction of sound:
1. In violation of Section 8.24.080 or in a way that is plainly audible beyond the
property boundary of the source, or
2. On public property, public rights-of-way, or private property at any time so as
to be plainly audible fifty feet from the device. Permits to exceed the limits of this
subdivision may be issued for special events on public property by the Chief of
Police, recorder, or Zoning Administrator upon approval from the agency
operating the public property;
C. Public Loudspeakers. The use or operation of a loudspeaker or sound amplifying
equipment in a fixed or moveable position or mounted upon any sound vehicle in or
upon any street, alley, sidewalk, park, place or public or private property for the
purposes of commercial advertising, giving instructions, directions, talks, addresses,
lectures, or transmission of music to any persons or assemblages of persons in
violation of Section 8.24.080, or cause a noise disturbance, unless a permit is first
obtained as provided in Section 8.24.110.
D. Hawkers and Peddlers. Selling any item or service by outcry within any area of
the City in such a manner as to violate Section 8.24.080. It is unlawful for any person
to solicit from any motor vehicle, unless a permit is first obtained as provided in
Section 8.24.080
E. Animals. Owning, keeping, possessing, or harboring any animal or animals that,
by frequent or habitual noise making, violates Section 8.24.080. The provision of this
section shall apply to all private and public facilities, including any animal facilities
that hold or treat animals;
F. Loading Operation. Loading, unloading, opening, or otherwise handling boxes,
crates, containers, garbage containers, or other objects in such a manner as to
violate Section 8.24.080.
G. Construction Work. It is unlawful for any person to perform or cause to be
performed, any construction work on any construction site under his control in such a
manner as to violate Section 8.24.080. The Chief of Police, Zoning Administrator or
Public Works Director may authorize extended hours for construction operations or
procedures which, by their nature, require continuous operation, or modify or waive
the hours of work for or on projects in generally isolated areas where the extended
hours do not impact upon adjoining property occupants;
H. Domestic Power Equipment. Operating or permitting the operation of any power
equipment rated five horsepower or less in residential or commercial zones,
including, but not limited to, power saws, lawn mowers, garden equipment, or snow
removal equipment for home or building repair or ground maintenance outdoors in
such a manner as to violate Section 8.24.080.
I. Fireworks or Explosives. The use of explosives, fireworks, discharge of guns or
other explosive devices that are audible across a property boundary, public space, or
right-of-way without first obtaining a permit as provided by Section 8.24.110. The
provision shall not be construed to permit activities prohibited by other statutes,
ordinances, or regulations governing such activity;
J. Liquor License Premises.
1. Failure to Control Noise. Permitting or providing either live or recorded
amplified music without first having closed all exterior doors and windows of the
licensed premises to control noise. Doors may be opened to provide ingress and
egress but shall not be blocked in the open position to provide ventilation. Doors
shall be equipped with automatic closing devices to keep them in the closed
position except to permit ingress and egress of patrons,
2. Outdoor Speakers. Permitting or causing to exist any loudspeaker or sound
amplification equipment on any outdoor deck, patio, or garden associated with
the licensed premises other than speaker systems or sound amplification in
conjunction with approved outdoor dining;
K. Racing Events. Permitting any motor racing event at any place in violation of
Section 8.24.080 without first obtaining a permit as provided by Section 8.24.110.
L. Powered Model Mechanical Devices. Flying a model aircraft powered by internal
combustion engines, whether tethered or remote-controlled, or the firing or the
operation of model rocket vehicles or other similar noise-producing devices in such a
way as to violate Section 8.24.080.
M. Dynamic Braking Device. Operating any motor vehicle with a dynamic braking
device engaged, except for the avoidance of imminent danger;
N. Defect in Vehicle. Operating or permitting the operation or use of any truck,
automobile, motorcycle, or other motor vehicle because of disrepair or mode of
operation violates Section 8.24.080.
O. Garbage Collection. Collecting garbage, waste, refuse or recyclables materials
on regularly scheduled collection in such a manner as to violate Section 8.24.080 or
within three hundred feet of an area zoned residential;
P. Standing Motor Vehicles. Operating, causing, or permitting the operation of any
motor vehicle or any auxiliary equipment attached thereto either in violation of
Section 8.24.080, or in such a way as to cause a disturbance in a residential zone for
a consecutive period of fifteen minutes or longer;
Q. Bells and Alarms. Sounding, operating, or permitting the sounding or operation of
an electronically amplified signal from any burglar alarm, bell, chime, or clock,
including but not limited to, bells, chimes, or clocks in schools, houses of religious
worship or governmental buildings that fail to meet the standards in Section 8.24.080
for longer than five minutes in any hour;
R. Fixed Siren, Whistles and Horns. Sounding or causing the sounding of any
whistle, horn or siren as a signal for commencing or suspending work or for any other
purpose in violation of Section 8.24.080, except as a sound of imminent danger;
S. Recreation Vehicles and Snowmobiles. Operating a recreational vehicle or
snowmobile in any way that violates Section 8.24.080.
T. Motor Vehicle Noise. No person shall operate or cause to be operated any motor
vehicle unless the exhaust system is free from defects that affect sound reduction;
equipped with a muffler or other noise dissipative device; and not equipped with any
cut-out, by-pass or similar device. (Ord. 94-26 (part), 1994)
8.24.100 Exemptions.
The following uses and activities shall be exempt from noise level regulations:
A. Noise of safety signals, warning devices and emergency pressure relief valves;
B. Noise resulting from any authorized emergency vehicle when responding to an
emergency call or in time of an emergency;
C. Noise resulting from emergency work;
D. Noise resulting from lawful fireworks and noisemakers used for celebration of an
official holiday;
E. Any noise resulting from activities of a temporary nature during periods permitted
by law for which a license has been approved by the Chief of Police, Zoning
Administrator, Public Works Director or their official designees in accordance with
Section 8.24.110.
F. Any noise resulting from the maintenance of golf courses. (Ord. 94-26 (part),
1994)
8.24.110 Relief from restrictions.
Requests for relief from the noise restrictions in these rules and regulations may be
made by the Zoning Administrator as it pertains to building issues and the Chief of
Police, Zoning Administrator, Public Works Director or their official designees as it
pertains to special events, community functions and private events. Upon granting
relief, any conditions outlined and agreed upon shall be compiled by the applicant
and failure to do so will cause the relief agreement to be suspended.
A. Commercial agricultural producers holding a valid Moab city business license
located in the RA-1 (residential-agricultural zone) are eligible to receive a
seasonal exemption from noise restrictions contained in Sections 8.24.080(B)
and (C) due to weather and crop management activities outside of their control.
The seasonal exemption from restriction requires that eligible agricultural
operators complete a relief from restrictions form and notify the Zoning
Administrator, Police Department or designated police dispatch center by
telephone, facsimile transmission, or in person on the day of operation of any
agricultural equipment that would violate noise provisions contained in Section
8.24.080(B) and (C). (Ord. 94-26 (part), 1994)
8.24.120 Enforcement responsibility.
Enforcement responsibility will rest jointly with the Chief of Police, Zoning
Administrator, Public Works Director or their official designees. (Ord. 94-26 (part),
1994)
8.24.130 Enforcement.
The Chief of Police, Zoning Administrator, Public Works Director or their official
designees may, upon discovery or report of a violation or violations of this chapter,
issue a written citation for the violation requiring an appearance in court to answer
the charges, or may file a report with the City’s prosecutor’s office for review and
issuance of an information and summons to court to answer the charges. (Ord. 94-26
(part), 1994)
8.24.140 Penalty.
Any person who is found guilty of violating any of the provisions of these rules and
regulations, either by failing to do those acts required herein or by doing a prohibited
act, is guilty of a Class B misdemeanor, pursuant to Section 26-24-22, Utah Code
Annotated, 1953, as amended. If a person is found guilty of a subsequent similar
violation within a period of two years, he is guilty of a Class A misdemeanor, pursuant
to Section 26-24-22, Utah Code Annotated, 1953, as amended. Each day such
violation is committed or permitted to continue shall constitute a separate violation.
The City Attorney may initiate legal action, civil or criminal, requested by the City
Manager, Chief of Police, Zoning Administrator or Public Works Director to abate any
condition that exists in violation of these rules and regulations. In addition to other
penalties imposed by a court of competent jurisdiction, any person(s) found guilty of
violating any of these rules and regulations shall be liable for all expenses incurred
by the City in removing or abating any nuisance or other noise disturbance. (Ord. 94-
26 (part), 1994)
PASSED by the City Council in a public meeting on _____________ by the following
vote:
MOAB CITY COUNCIL:
Those voting aye:_____________________________________
Those voting nay:____________________________________
Those abstaining: ___________________________________
Those absent:_______________________________________
_________________________
Emily Niehaus, Mayor
ATTEST:
______________________________
Sommar Johnson, Clerk/Recorder
1
Moab City Council Agenda Item Meeting Date: March 23, 2021
Item: Ordinance No. 2021-05 - An Ordinance Defining the Point in Time at Which the City of Moab Formally Initiates Proceedings to Amend Its Land Use Regulations
Staff Presenters: Laurie Simonson, City Attorney Nora Shepard, Planning Director Cory Shurtleff, Assistant Planning Director
Attachment: - Attachment 1: Ordinance No. 2021-05 - An Ordinance Defining the Point in Time at Which the City of Moab Formally Initiates Proceedings to Amend Its Land Use Regulations
Options: 1. Approve Ordinance 2021-05, with or without modifications; or 2. Continue or table action to a later meeting with specific direction to City staff as to additional information needed to make a decision; or 3. Deny Ordinance 2021-05, giving specific findings for that decision.
Proposed Motion to Approve: “I move to approve Ordinance No. 2021-05 - An Ordinance Defining the Point in Time at Which the City of Moab Formally Initiates Proceedings to Amend Its Land Use Regulations.”
Background: State law requires a local government to review an applicant’s land use application under the local ordinance in existence at the time the applicant submits a complete application, unless the local government can show that an exception to the rule applies. (Utah Code Annotated §10-9a-509). This rule is known as the “vested rights” rule. See Western Land Equities v. Logan City, 617 P.2d 388 (Utah 1980) (“[A]n applicant is entitled to [land use application approval] if his proposed development meets the zoning requirements in existence at the time of his application…”).
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Utah Code §10-9a-509 permits a municipality to deny approval of a complete land use application submitted within a 180-day period after a municipality “formally initiates” proceedings to amend applicable land use regulations in a manner that would prohibit approval of the application as submitted. The City of Moab currently does not have in its Municipal Code a definition of the point in time at which the City “formally initiates” proceedings to amend its land use regulations. In other words, the City has not defined the manner of formal initiation of land use regulation by ordinance. Doing so may protect the City from land use application approvals being processed under old rules while new ones are being developed, without the necessity of using a Temporary Land Use Regulation (TLUR). This Ordinance would create such a definition as follows: 1. Adds a definition to Moab Municipal Code Section 17.06.020 for “Formally Initiates;” 2. Adds Moab Municipal Code Section 17.12.190 to include the following language: Formally Initiates as set forth by Utah Code §10-91-509 means the earliest of: a) Publication of a City Planning Commission or City Council agenda in which the amendment to the land use regulations is the subject of an agenda item, and/or public hearing, or b) The effective date of a resolution by the City Council stating that the City has formally initiated an amendment to the land use regulations and the proposed language of the amendment(s). The Planning Commission held a public hearing on the above proposed text amendment on March 11, 2021 which was duly noticed and included public notice being published in the February 25, 2021 and March 4, 2021 issues of the Times Independent. At that meeting, the Planning Commission reviewed the proposed text amendment and forwarded a positive recommendation to the City Council. There was no public input.
1
CITY OF MOAB, UTAH
ORDINANCE NO. 2021-05
AN ORDINANCE DEFINING THE POINT IN TIME AT WHICH THE CITY OF MOAB
FORMALLY INITIATES PROCEEDINGS TO AMEND ITS LAND USE
REGULATIONS
WHEREAS, state law requires a local government to review an applicant’s land use application
under the local ordinance in existence at the time the applicant submits a complete application,
unless the local government can show that an exception to the rule applies. (Utah Code
Annotated §10-9a-509);
WHEREAS, this rule is known as the “vested rights” rule. See Western Land Equities v. Logan
City, 617 P.2d 388 (Utah 1980) (“[A]n applicant is entitled to [land use application approval] if
his proposed development meets the zoning requirements in existence at the time of his
application…”).
WHEREAS, Utah Code §10-9a-509 permits a municipality to deny approval of a complete land
use application submitted within a 180-day period after a municipality formally initiates
proceedings to amend applicable land use regulations in a manner that would prohibit approval
of the application as submitted;
WHEREAS, Utah Code §10-9a-509 specifically states:
10-9a-509. Applicant's entitlement to land use application approval -- Municipality's
requirements and limitations -- Vesting upon submission of development plan and
schedule.
(1) (a) (i) An applicant who has submitted a complete land use application as described in
Subsection (1)(c), including the payment of all application fees, is entitled to
substantive review of the application under the land use regulations:
(A) in effect on the date that the application is complete; and
(B) applicable to the application or to the information shown on the application.
(ii) An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use
decisions, and development standards in effect when the applicant submits a
complete application and pays application fees, unless:
(A) the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the
application and specifies the compelling, countervailing public interest in
writing; or
(B) in the manner provided by local ordinance and before the applicant submits the
application, the municipality formally initiates proceedings to amend the
2
municipality's land use regulations in a manner that would prohibit approval of
the application as submitted.
(b) The municipality shall process an application without regard to proceedings the
municipality initiated to amend the municipality's ordinances as described in
Subsection (1)(a)(ii)(B) if:
(i) 180 days have passed since the municipality initiated the proceedings; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(c) A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable
ordinances and pays all applicable fees.
WHEREAS, a public hearing was held by Planning Commission on the proposed text
amendment on March 11, 2021 which was duly noticed and included public notice being
published in the February 25, 2021 and March 4, 2021 issues of the Times Independent.
WHEREAS, the City of Moab desires, as permitted by §10-9a-509(1)(a)(ii)(B) above to define,
by ordinance, the point in time at which the City formally initiates proceedings to amend its
land use regulations.
NOW, THEREFORE BE IT ORDAINED by the Moab City Council that:
1. Section 1- Add a definition to Moab Municipal Code Section 17.06.020 as follows:
“Formally Initiates” as set forth by Utah Code §10-9a-509 means the earliest of:
a) Publication of a City Planning Commission or City Council agenda in which the
amendment to the land use regulations is the subject of an agenda item, and/or
public hearing, or
b) The effective date of a resolution by the City Council stating that the City has
formally initiated an amendment to the land use regulations and the proposed
language of the amendment(s).
2. Section 2 - Add Moab Municipal Code Section 17.12.190 as follows:
“Formally Initiates” as set forth by Utah Code §10-9a-509 means the earliest of:
a) Publication of a City Planning Commission or City Council agenda in which the
amendment to the land use regulations is the subject of an agenda item, and/or
public hearing, or
3
b) The effective date of a resolution by the City Council stating that the City has
formally initiated an amendment to the land use regulations and the proposed
language of the amendment(s).
PASSED by the City Council in a public meeting on _____________ by the following vote:
MOAB CITY COUNCIL:
Those voting aye:_____________________________________
Those voting nay:____________________________________
Those abstaining: ___________________________________
Those absent:_______________________________________
_________________________
Emily Niehaus, Mayor
ATTEST:
______________________________
Sommar Johnson, Clerk/Recorder
1
Moab City Council Agenda Item Meeting Date: March 23, 2021
Item: A Resolution Expressing Support for Pursuing the Funding for and Construction of Future Phases of the Colorado River Pathway Located in Grand County, Utah.
Staff Presenter: Laurie Simonson, City Attorney
Attachment(s): - Attachment 1: Resolution Expressing Support for Pursuing the Funding for and Construction of Future Phases of the Colorado River Pathway Located in Grand County, Utah - Attachment 2: Map of the North Moab Recreation Areas Alternative Transportation System; - Attachment 3: Pictures of the North Moab Recreation Areas Alternative Transportation System evidencing the need for Phase IV.
Proposed Motion: “I move to approve Resolution No. 07-2021 Expressing Support for Pursuing the Funding for and Construction of Future Phases of the Colorado River Pathway Located in Grand County, Utah.”
Background:
The Colorado River Pathway is currently an approximately three-mile paved non-motorized pathway which runs easterly parallel to the Colorado river along state highway 128 from Lions Park in Moab, UT. State highway 128 has a high average daily vehicle count of 1,055 vehicles including many large buses hauling boat trailers. The Colorado River Pathway is part of the North Moab Recreation Area, an extensive non-motorized trail system connecting thousands of acres of public lands for over 54,000 users annually. The Colorado River Pathway currently has a 0.647 gap from approximately station marker 130+25.00 to station marker 164+66.86 approximately .6 miles prior to the Porcupine Rim Trail underpass and Grandstaff Canyon and therefore forces users to turn around or to enter the roadway where the absence of a shoulder and 10’ wide lanes create hazardous conditions for users and drivers. The “Whole Enchilada”
2
mountain bike trail system terminates at the Porcupine Rim Trail underpass and facilitates over 30,000 bikers annually and Grandstaff Canyon facilitates over 59,000 hikers annually.
Federal funds may become available soon to complete the 0.647 gap in the Colorado River Pathway. The Colorado River Pathway Phase IV plans for the continuation of the pathway to close the gap from approximately station marker 130+25.00 to station marker 164+66.86. Phase IV of the Colorado River Pathway will require approximately $8.5 million in additional funding for the completion of engineering, design, and construction. The Colorado River Pathway Phase IV has not been completed to date and forces 30,000+ users onto state highway 128 for approximately 5/8 of a mile in an area with little to no shoulder or bike lane. The Phase IV extension of the Colorado River Pathway and the eventual continuation of the Pathway to the Town of Castle Valley would extend safe non-motorized recreation opportunities along the beautiful Colorado River and Scenic Byway on state highway 128.
1
CITY OF MOAB RESOLUTION NO. 07-2021
A RESOLUTION EXPRESSING SUPPORT FOR PURSUING THE FUNDING FOR
AND CONSTRUCTION OF FUTURE PHASES OF THE COLORADO RIVER
PATHWAY LOCATED IN GRAND COUNTY, UTAH
WHEREAS, the Colorado River Pathway is currently an approximately three-mile paved non-
motorized pathway which runs easterly from Lions Park in Moab, UT parallel to the Colorado
river along state highway 128;
WHEREAS, state highway 128 has a high average daily vehicle count of 1,055 vehicles
including many large buses hauling boat trailers;
WHEREAS, the Colorado River Pathway provides safe non-motorized access to a wide variety
of heavily used recreational assets on federal and Utah state public lands for over 54,000 users
annually;
WHEREAS, the Colorado River Pathway is part of the North Moab Recreation Area, an
extensive non-motorized trail system connecting thousands of acres of public lands;
WHEREAS, the Colorado River Pathway currently has a 0.647 gap from approximately station
marker 130+25.00 to station marker 164+66.86 approximately .6 miles prior to the Porcupine
Rim Trail underpass and Grandstaff Canyon and therefore forces users to turn around or to enter
the roadway where the absence of a shoulder and 10’ wide lanes create hazardous conditions for
the users and drivers;
WHEREAS, the world renowned “Whole Enchilada” mountain bike trail system terminates at
the Porcupine Rim Trail underpass and facilitates over 30,000 bikers annually;
WHEREAS, Grandstaff Canyon, a popular federal recreation area, facilitates over 59,000 hikers
annually;
WHEREAS, the Colorado River Pathway Phase IV plans for the continuation of the Colorado
River Pathway to close the 0.647 gap from approximately station marker 130+25.00 to station
marker 164+66.86;
WHEREAS, the Colorado River Pathway Phase IV has not been completed to date and forces
30,000+ users onto state highway 128 for approximately 5/8 of a mile in an area with little to no
shoulder or bike lane;
WHEREAS, prior phases of the Colorado River Pathway have received wide support from
federal, state, local, non-profit and private parties with contributions totaling over $10.5 million;
WHEREAS, the Utah Department of Transportation, Bureau of Land Management, US Forest
Service, National Park Service, and Utah Governor’s office have previously endorsed the
completion of Phase IV of the Colorado River Pathway;
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WHEREAS, Phase IV of the Colorado River Pathway will require approximately $8.5 million
in additional funding for the completion of engineering, design, and construction;
WHEREAS, the federal funds may be available to assist in the funding of Phase IV;
WHEREAS, the Phase IV extension of the Colorado River Pathway and the eventual
continuation of the Pathway to the Town of Castle Valley would extend safe non-motorized
recreation opportunities along the beautiful Colorado River and Scenic Byway on state highway
128.
NOW, THEREFORE BE IT RESOLVED that the City of Moab expresses support for
pursuing the funding for and construction of future phases of the Colorado River Pathway
located in Grand County, Utah and expresses support for pursuing funding for and construction
of Phase IV of the Colorado River Pathway and the eventual extension of the Colorado River
Pathway concept and planning from Grandstaff Canyon to the Town of Castle Valley.
PASSED AND APPROVED by a majority of the City of Moab City Council. This Resolution
shall take effect immediately upon passage.
SIGNED:
Emily S. Niehaus, Mayor Date
ATTEST:
Sommar Johnson, Recorder
Sandflats Recreation Area
Slickrock Trail
Negro Bill Canyon
Arches National Park
Goose Island
Campground Colorado Riverway Path
Lion’s Park Transit Hub
MOAB
Millsite Riverside
Trail
Arches National Park Transit Hub
& Visitor Center
Upper Colorado
Scenic Byway
Lower Colorado
Scenic Byway
Matheson Nature Preserve
Porcupine Rim
Trail Underpass
Granstaff
Campground
US191
Underpasses
Courthouse Bridge
Underpass
SR128 Underpass
Colorado Riverway
Bicycle Pedestrian
Bridge
DOE Atlas Tailings
Removal and Reclamation
Project (Future Grand
County Parks and Trail
facility)
Moab Canyon Trail
Colorado Riverway Path
Lion’s Park Scenic
Byways Hub
Connector pathway from Moab City to Lions Park
Mill Creek Parkway ATS
“The GAP”
Completed
Unfunded
“The Gap”
North Moab Recreation Areas Alternative Transportation System INSET
North Moab Recreation Areas Alternative Transportation System Pictures
(Grand County 2016 FLAP Application)
TOP: The Lions Park Transit Hub is located at the intersection of US 191 and SR 128, where the pathway from Moab
City joins the Colorado Riverway Path. The transit hub provides pick up facilities for commercial shuttle services,
restrooms, parking and an underpass to the Lions Park Trail Hub, located across SR128 on the banks of the Colorado
River.
BOTTOM: Sign at the Lions Park Trail Hub alerting people that the path ends abruptly .6 miles before the busy and
congested Negro Bill Canyon Trailhead forcing pedestrians to turn around or cyclists to enter the roadway where no
shoulders on 10’ wide lanes create hazardous conditions for riders and drivers.
North Moab Recreation Areas Alternative Transportation System Pictures
(Grand County 2016 FLAP Application)
TOP: One of the elevated causeways of the Colorado Riverway Path (Station No. 111+00) with the non-motorized
Colorado Riverway Bridge in the background.
BOTTOM: Abrupt end of the pathway (Station 130+25.00) where riders empty onto the narrow lanes of SR 128. Families
and less experienced riders turn around here instead of being able to continue on to the popular Negro Bill Canyon
Trailhead.
North Moab Recreation Areas Alternative Transportation System Pictures
(Grand County 2016 FLAP Application)
TOP: Riders negotiating the narrow lanes of SR 128 (Station 161+ 00) after the path from the Porcupine Rim underpass
and Negro Bill Canyon Trailhead ends.
BOTTOM: Riders pondering the entrance to SR 128 from the pathway end (Station No. 130+25.00).
North Moab Recreation Areas Alternative Transportation System Pictures
(Grand County 2016 FLAP Application)
TOP: Riders approaching end of Colorado Riverway Path at the Negro Bill Canyon Trailhead (Station No.164+66.86).
Note overflow parking from the TH on both sides of the path causing limited visibility of oncoming traffic coming from
the left that might have to pull into the opposite lane to avoid an accident with non-motorized users.
BOTTOM: Colorado Riverway Path as it passes the popular Goose Island Campground. Note the limited visibility ahead
on the vertical curve of the roadway that is bypassed by the pathway below.
Moab City Council Agenda Item
Meeting Date: March 23, 2021
Item: City of Moab Resolution No. 082021 A Resolution Stating the City of Moab’s Position on
Highway 191 Bypass Alignment(s), and Support for Pursuing Alternate Tools for Downtown Main Street
Traffic Mitigation
Staff/Council Presenters: Kalen Jones, Councilmember; Joel Linares, City Manager
Attachment(s):
Attachment 1: Resolution No. 082021
Proposed Motion: “I move to approve Resolution No. 082021 A Resolution Stating the City of
Moab’s Position on Highway 191 Bypass Alignment(s), and Support for Pursuing Alternate Tools for
Downtown Main Street Traffic Mitigation.”
Background:
The idea of a Highway 191 “bypass” has been raised on and off for decades in Moab as a means to allow
trucks and other vehicles to go around the downtown area to alleviate traffic congestion on Main Street in
downtown Moab. Below is a brief recap of where we are:
In 2004, the Utah Department of Transportation (UDOT) conducted a feasibility study during the
Colorado River Bridge Replacement project. Several alternatives were considered. One alternative
considered a combination of two bridges: one for northbound traffic at the existing spot by what’s now
Lions Park, and another for southbound traffic crossing the river between the Potash Road (Hwy 279) and
Kane Creek Road. Another alternative considered having only one bridge from Hwy 279 to Kane Creek
Road. Both of these options were rejected at the time, and it was noted in the 2004 Environmental
Assessment that the bridge from the Potash Road to Kane Creek might be considered in the future as a
separate project for an additional bypass to divert trucks off of Main Street.
The bypass issue was raised again in 2018 when state funding became available for recreational
communities to study and implement congestion mitigation, locally known as Arches Hotspot Funding.
One of the items that was studied was the option of a bypass via UDOT consultants Fehr & Peers’ 2018
“UDOT Main Street (US191) Moab Bypass Planning Study” (the Study). This Study identified 11
bypass alternatives, narrowed those 11 down to two alignment options labeled Alternatives “1A” and
“1D,” both of which would have significant negative impacts to westside City neighborhoods.
Upon release of these two preferred alternative routes, 1A and 1D, residents who would be most impacted
by them overwhelmingly expressed opposition to these routes to elected officials. On several occasions,
the majority of the City Council, the prior Grand County “Council,” and most recently the Grand County
“Commission,” have publicly expressed that there is no interest in a bypass route that will negatively
impact any Moab neighborhoods. To date, though, no formal action has been taken that establishes that as
the City’s position.
Recently, UDOT, the City of Moab, Grand and San Juan Counties, and SITLA have funded a
Southeastern Utah Regional Transportation Plan (RTP) (also referred to as the Moab & Spanish Valley
RTP) to document short, medium, and longrange projects for inclusion in UDOT’s longrange
transportation funding plans. UDOT is the lead agency on the project, with Fehr & Peers as their
consultant. The RTP is currently in near final form. During the plan drafting process, UDOT, Fehr &
Peers, and regional stakeholders identified many potential projects, including a “Moab bypass” with
references to the 2018 Study mentioned above. Several participants in the planning process, including
City and County elected officials, expressed that the bypass alternatives favored by the 2018 Study, and
raised in the RTP process, were not acceptable.
However, UDOT consultant Fehr & Peers strongly recommended leaving the bypass in the RTP, even
though UDOT and its consultants have previously stated that if the community did not want the bypass on
the RTP project list, it would not be on that list. UDOT also stated that even if a project is not on the RTP
project list, it could be added at any time. It should also be noted that in the latest draft RTP it states: “ the
recommendation of this plan is to include the notion of a bypass in this plan without a specific alignment
or timeframe. This makes no commitment for any agency to take action on it but leaves the decision to
take a more comprehensive analysis open as an option that UDOT leadership and/or local elected
bodies can initiate . ” In other words, as long as the bypass remains in the RTP, it can be initiated with or
without the support of local elected bodies. It should also be noted that the idea of a National
Environmental Policy Act (NEPA) process (i.e., development of an environmental impact statement) is
also still included in the RTP, even though there is no specific alignment identified that would require an
environmental study.
The reality is that no other viable options exist in Grand County for a proposed bypass route other than
the two alignments identified in the 2018 Study: 1A and 1D. If other options existed that UDOT was
willing to fund, they would have been raised, advanced and studied. The idea of a tunnel under Main
Street or through Behind the Rocks is simply not financially viable at this time. If the support and funding
for these alternatives – or similar alternatives that do not impact neighborhoods – arise in the future, such
alternatives could be considered in a comprehensive analysis at that time.
Resolution No. 082021 provides a thorough documentation of the reasons an aboveground bypass or an
additional highway through Moab is not an option the Council is willing to pursue. While we recognize
that traffic and congestion do have real impacts along Main Street, relocating some of those impacts to
populated, residential areas of the community is not acceptable. The continuing idea of a bypass – and the
contention around it – also distracts from the hard work of finding real solutions to Moab’s challenges.
Resolution No. 082021 identifies the idea of directing the City Council and City staff’s focus on
redevelopment options for downtown Moab, instead of focusing on the bypass. It will formally provide
the City’s position on a bypass, allowing Council and staff to pursue a more practical option of improving
downtown for both the residents and visitors.
RESOLUTION NO. 082021
A RESOLUTION STATING THE CITY OF MOAB’S POSITION ON HIGHWAY 191
BYPASS ALIGNMENT(S), AND SUPPORT FOR PURSUING ALTERNATE TOOLS
FOR DOWNTOWN
MAIN STREET TRAFFIC MITIGATION
WHEREAS , Chapter 9a of Title 10 of the Utah Code authorizes the City of Moab to provide for
the health, safety, and welfare of its residents; improve the peace and good order, comfort,
convenience, and aesthetics of the City; promote the orderly development of urban and nonurban
areas; provide fundamental fairness in land use regulation; facilitate orderly growth and allow
growth in a variety of housing types; protect property values; enact resolutions it considers
necessary or appropriate for the use and development of land within the municipality governing
air quality and transportation; and
WHEREAS, U.S. Highway 191 is under the jurisdiction of the Utah Department of
Transportation (UDOT), bisects the City of Moab, the downtown portion of Highway 191 is also
known as Main Street, is a major north/south transportation corridor which serves Main Street
businesses, and the combined volume of resident, visitor, and commercial local and through
traffic leads to congestion, safety, and noise impacts adjacent to Highway 191; 1 and
WHEREAS, in 2018 UDOT published a study (Study) of a Highway 191 bypass around
downtown Moab’s Main Street, which projected passthrough travel time impacts and fiscal
benefits to the trucking industry. The Study identified two preferred alignments, both of which
pass through and by residential areas, are at most 300 feet from the Mountain View
neighborhood, and are within 1000 feet of approximately 200 residences. The Study forecast that
bypass Alignment Alt. (Alternative) 1A would result in 2030 peak hour traffic volume on Main
Street equal to that in 2018, and that Alt. 1D could result in 50% of trucks using the bypass; 2 and
WHEREAS, the Study focused on consequences to downtown Moab and the trucking industry,
and not on impacts to residential areas along the Study’s preferred alignments. It did not include
and did not conduct a thorough analysis of the transportation, fiscal, housing, environmental, and
public health impacts of different transportation management alternatives; and
WHEREAS , the magnitude, causality, and contributing factors of induced demand created by
road capacity increase (i.e. building roads leads to more vehicle miles travelled) has been an
ongoing topic of research for decades, many researchers conclude that congestion relief from
expanding highway capacity may be temporary or limited, and while expanding highway
1 City of Moab General Plan , (2017), available at https://moabcity.org/DocumentCenter/View/1528
2 The online storymap is the sole documentation of the process, analysis, and conclusions of the UDOT study. Main
Street (US191) Moab Bypass Planning Study Story Map, available at:
https://uplan.maps.arcgis.com/apps/MapJournal/index.html?appid=03b200018428482388a1c0a46955dc2a
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capacity increases total traffic volume, which improves some measures of wellbeing, it is
unlikely to be an efficient solution to highway congestion issues; 3 and
WHEREAS, numerous studies have found noise pollution increases anxiety, depression, high
blood pressure, heart disease, and stroke; small increases in unwanted ambient sound have
significant health effects; 4 and noise aggravates health conditions by inducing higher levels of
stress; 5 6 and
WHEREAS, numerous epidemiologic studies have consistently demonstrated that living close
to major roads is associated with adverse health effects, including asthma, chronic obstructive
pulmonary disease, and other respiratory symptoms ( 11–15 ); cardiovascular disease risk and
outcomes ( 16–20 ); adverse reproductive outcomes ( 21,22 ); and mortality ( 23–25 ); 7 8 as did a
major review of over 700 studies, which concluded the area most affected was the band within
0.2 to 0.3 miles of a highway; 9 and even in an area with good regional air quality, proximity to
traffic is associated with adverse respiratory health effects in children; 10 and
WHEREAS , mobility of people and goods is inextricably linked to economic activity and
personal work and leisure, many of Moab’s residential neighborhoods are subject to unusual or
excessive vehicle noise, the City of Moab has prioritized protecting and preserving
neighborhoods from avoidable noise impacts as well as maintaining and developing its
transportation systems; and
WHEREAS, transportation noise increases proportionately to vehicle speed, at higher speeds
most noise is created by tires and wind resistance, Highway 191 traffic noise currently disturbs
the peace throughout Spanish Valley, and relocating and accelerating some of current traffic in
Moab is expected to increase the negative noise impacts throughout town; and
3 Krol, R., Can We Build Our Way Out of Urban Traffic Congestion?, Policy Paper 2019.001, The Center for
Growth and Opportunity at Utah State University (2019), available at:
https://www.thecgo.org/wpcontent/uploads/2020/10/CanWeBuildOurWayOutofUrbanTrafficCongestion.pd
f
4 Jariwala, Noise Pollution and Human Health: A Review,
https://www.researchgate.net/publication/319329633_Noise_Pollution_Human_Health_A_Review
5 Floud, Medication use in relation to noise from aircraft and road traffic in six European countries: results of the
HYENA study, https://pubmed.ncbi.nlm.nih.gov/21084328/ ; Schmidt, Effect of nighttime aircraft noise exposure on
endothelial function and stress hormone release in healthy adults
https://academic.oup.com/eurheartj/article/34/45/3508/435199 ; Hahad, Annoyance to Different Noise Sources is
Associated With Atrial Fibrillation, https://www.internationaljournalofcardiology.com/article/S0167
5273(17)371747/fulltext
6 Orban, Residential Road Traffic Noise and High Depressive Symptoms after Five Years of Followup: Results
from the Heinz Nixdorf Recall Study, https://ehp.niehs.nih.gov/doi/10.1289/ehp.1409400
7 Citations referenced can be found at: https://www.cdc.gov/mmwr/preview/mmwrhtml/su6203a8.htm
8 Yuchi, W., Sbihi, H., Davies, H., Tamburic, L., & Brauer, M. (2020). Road proximity, air pollution, noise, green
space and neurologic disease incidence: a populationbased cohort study. Environmental Health , 19 (1), 8.
9 Health Effects Institute Panel on the Health Effects of TrafficRelated Air Pollution: A Critical Review of the
Literature on Emissions, Exposure, and Health Effects. Health Effects Institute: Boston, (2010). Available
at www.healtheffects.org
10 Kim, J. J., Huen, K., Adams, S., Smorodinsky, S., Hoats, A., Malig, B., ... & Ostro, B. (2008). Residential traffic
and children’s respiratory health. Environmental health perspectives , 116 (9), 12741279.
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WHEREAS, providing an adequate supply of affordable and moderateincome housing is one of
the most significant challenges to Moab’s economic and community development, high density
rental housing is a priority for existing and projected housing needs, 11 a proposed bypass
alignment is adjacent to the second largest concentration of affordable apartments in Moab, and
historically highway construction has disproportionately burdened lowincome neighborhoods; 12
and
WHEREAS , home equity is the largest component of homeowners’ net worth, equal to all other
nonretirement account assets combined; 13 and new highway development has a positive impact
on housing value when it improves access, and a negative impact on housing value within
5001000 feet of highways; 14 and
WHEREAS, the City of Moab has zoned the corridor along Highway 191 for commercial uses
in response to historical development patterns and business preference for visibility and access
from major travel corridors, and residential zones have been established and developed away
from Highway 191 per historic local, and common, preference for quiet and healthy residential
areas; and
WHEREAS, many potential above and below ground Highway 191 bypass alignments have
been proposed in the City of Moab, Grand County, and outside Grand County, and most have
been dismissed in the Study, or consultants and UDOT have declined to consider them, except
for two variations on an alignment in the southwest corner of Moab, and there is no potential
aboveground alignment for a Highway 191 bypass in the Moab Valley which does not impose
significant impacts on existing residential development; and
WHEREAS, there is desire by visitors and residents for pedestrianfriendly commercial areas,
and outdoor dining and shopping within the City of Moab; and
WHEREAS , neither the Study nor other public information forecast that a bypass will result in
pre2018 traffic volumes on Main Street, and a bypass would effectively exchange economic
benefits to mostly external freight businesses for decreased health, wellbeing, and property
values of city residents and homeowners; and
WHEREAS, in the Study a National Environmental Policy Act (NEPA) Environmental Impact
Study (EIS) was identified as step two of two next steps in developing a bypass, and an EIS does
not prohibit an agency or permittee from harming the natural or human environment, but only
11 Levine, Z., Interlocal Housing Task Force, Moab Area Affordable Housing Plan, (adopted by Moab City and
Grand County 2017), available at: http://www.moabhousingplan.com/index.html
12 Osborne and Laska, Community Replenishment: Undoing the Damage of “Urban Renewal”, available at:
https://www.thirdway.org/memo/communityreplenishmentundoingthedamageofurbanrenewal
13 Jonathan Eggleston, Donald Hays, Robert Munk, and Briana Sullivan, The Wealth of Households: 2017 , United
States Census Bureau Report Number P70br170 , (August 28, 2020), available at:
https://www.census.gov/library/publications/2020/demo/p70br170.html
14 Levkovich, O., Rouwendal, J. & van Marwijk, R. The effects of highway development on housing prices.
Transportation 43 , 379–405 (2016), available at: https://doi.org/10.1007/s1111601595807
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requires that the prospective impacts be understood and disclosed in advance, and possibly
mitigated while maintaining the project cost and schedule; and
WHEREAS, at their March 16, 2021 meeting, the Grand County Commission voted 61 to
establish a position that the Commission does not support continued feasibility studies
concerning the Highway 191 bypass, and to repurpose their $30,000 bypass budget for
transportationrelated studies and public engagement including but not limited to options for
creating pedestrianfriendly spaces near Main Street; and
WHEREAS, UDOT and consultants have repeatedly stated they will not pursue/support
projects/routes that local residents and their elected officials oppose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOAB, UTAH THAT :
1)The City Council of Moab opposes bypass routes 1A and 1D as identified in Fehr & Peers’
2018 Study, and opposes the inclusion of a bypass in: the UDOT 2021 Southeastern Utah
Regional Transportation Plan (aka Moab and Spanish Valley Regional Transportation Plan)
project list; UDOT’s Statewide Rural LongRange Transportation Plan; or the pending Moab
CityGrand County Interlocal Agreement (ILA) and local/integrated transportation plan.
2)The City Council supports tools other than a bypass to reduce the negative impacts of traffic
on downtown Moab and Moab residents, and hereby directs City staff to initiate discussions
with Council about committing staff and financial resources in the City’s 20212022 budget
process that advance development and redevelopment in commercial zones along Main
Street that provide a pleasant shopping, dining, and working environment, with a ‘typical’
downtown noise level, and active transportation, while similarly advancing lowimpact,
neighborhoodoriented dining, shopping, services, and offices in offMain Street commercial
zones.
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the
City of Moab this 23rd day of March, 2021.
SIGNED:
______________________________
Emily S. Niehaus, Mayor
ATTEST:
__________________________________
Sommar Johnson, City Recorder
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