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Show LEGAL riOTICE ORDINANCE NO. 395 AN ORDINANCE AMENDING AM-ENDING ARTICLE 1 OF CHAPTER 12 OF THE OREM CITY CODE AND ADOPTING THE UNIFORM UNI-FORM FIRE CODE., 1979 EDITION, COPYRIGHT 1979, PREPARED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FIRE CHIEF ASSOC., TOGETHER WITH THE UTAH AIR CONSERVATION CONSERVA-TION ACT WITH CERTAIN CER-TAIN AMENDMENTS THERETO AND THE UTAH STATE FIREWORKS FIRE-WORKS LAW, SECTIONS 11-3-1 THRU 11-3-8, UTAH CODE ANNOTATED (1953, AS AMENDED) AS THE FIRE CODE FOR THE CITY OF OREM; AND RESCINDING ARTICLE AR-TICLE II OF CHAPTER 8 OF THE OREM CITY CODE RELATING TO FIRE DISTRICTS. WHEREAS the Uniform Uni-form Fire Code, previously previous-ly adopted by the City of Orem as the fire code for the City, has been amended in 1979; and . WHEREAS the 1979 amendments have precluded pre-cluded the reference to and necessity of adoption of fire zones as currently provided pro-vided in Article II of Chapter Chap-ter 8 of the Orem City Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OREM, UTAH: SECTION I. Article I of Chapter 12 of the Orem City Code is hereby amended amend-ed to read as follows: There is hereby approved ap-proved and adopted as the Fire Code for the City of Orem, Utah, that certain code known as the Uniform Fire Code, 1979 Edition, Copyright 1979, by International Inter-national Conference of Building Officials and Western Wes-tern Fire Chief's Association, Associa-tion, together with the Utah Air Conservation Act and the Utah State Fireworks Fire-works Laws, with certain amendments as will be thereto by this ordinance, of which code not less than three copies have been and are now filed in the Office of the Orem City Recorder of Orem, Utah, and by this reference, pursuant to . Utah Statutes are herein incorporated as fully as if set out at length herein and from the date of which this Ordinance shall take effect, the provisions thereof there-of shall be controlling with the corporate limits of the City of Orem, together with and subject to certain amendments, hereinafter set forth, inclusive of, but not limited to. Appendix A through G. SECTION II. There are hereby adopted the following fol-lowing amendments to the provisions of the Uniform Fire Code, Edition, etc.: Article 2 Division II Section 2.204 (page 31) - Add subsection (d) (d) The Chief of the Fire Department or his duly authorized agents and representatives rep-resentatives shall have the1 power to issue citations for the violations of any and all provisions herein set forth in this code. Article 9 Section 9.105 (page 47) - Add "Central Signal Office" Of-fice" to the definitions. , "Central Signal Office" shall mean an office in which there are competent and experienced observers and operators in attendance at all times, whose duty it shall be, upon receipt of a signal, to take such action as shall be required. Section 9.108 (page 51) - Amend the definition of "Fireworks" to read as follows: fol-lows: "Fireworks" shall mean, any toy cannon in which explosives are used; the type of balloon which requires re-quires fire underneath to propel the same; firecrackers; fire-crackers; torpedoes; skyrockets, sky-rockets, Roman candles, bombsi or other fireworks of like construction, or an fireworks containing any explosive or inflammable compound or any tables or other device commonly used and sold as fireworks containing nitrates, chlorates, chlor-ates, oxalates, sulphides of lead, barium, antimony, arsenic, ar-senic, mercury, nitroglycer ine, phosphorus or any compound containing any of the same or other explosives, ex-plosives, or any substance or combination of substances, sub-stances, or articles prepared for the purpose of producing pro-ducing a visible or an audible audi-ble effect by combustion, explosion, deflagration or detonation, other than aviation and railroad signal light flares, except as in this act provided; provided, further, this act shall not prohibit the use of toy pistols, toy canes, toy guns, or sparklers. Article 10 Division II Section 10.209 (page 67) Add subsection 10.209 FIRE HYDRANT PLACEMENT 10.209 (a) Residential areas shall have fire hydrants placed on an average spacing spac-ing of six hundred sixty feet (660 feet) (b) Educational, industrial, indus-trial, commercial, institutional, insti-tutional, mercantile, multi-family multi-family housing, and storage areas shall have fire hydrants hy-drants placed on an average spacing of three hundred thirty feet (330 feet). (c) The required fire flow to hydrants shall be decided by the Chief or his duly authorized representative. repre-sentative. Section 10.210 (page 67) - Add Subsection 10.210 Subsection 10.210 10.210 It shall be unlawful un-lawful for an vehicle to be parked in any area designated desig-nated "Fire Lane" or "Fire Zone." Article 10 Division III i Section 10.309 (b) (page 71) - Amend paragraphs 5 (c) and 6 (a) and add paragraphs 7 and 8 as follows: fol-lows: 5(c) In Group H, Division Divi-sion 4 Occupancies having an area of more than 8,000 square feet or more than (1) story in height. 6(a) In all buildings where the combined floor area, excluding basements, exceeds 12,000 square feet regardless of the type of construction. 7. In Group R-l Occupancies Oc-cupancies over three (3) stories in height, regardless regard-less of the type of construction. con-struction. However, the area and height increases as specified in Section 506(c) and 507 shall be permitted. per-mitted. 8. In all occupancy groups where the combined floor area of all floors exceeds ex-ceeds 20,000 square feet regardless of the type of construction. Exception: Automatic fire extinguishing systems are not required in buildings build-ings used solely for worship. wor-ship. Section 10.314 (page 70)-Add subsection 10.314 PLACEMENT OF PORTABLE FIRE EXTINGUISHERS EX-TINGUISHERS 10.314 (a) Portable Fire Extinguishers Ex-tinguishers shall be placed !fn accordance with NFPA Pamphlet no. 10 in all occupancies. oc-cupancies. (b) Portable Fire Extinguishers Ex-tinguishers shall be placed throughout a facility at a maximum travel distance of 75 feet. Section 10.315 Add subsection 10.315 Fire Lanes It shall be unlawful for any vehicle to be parked in a designated desig-nated "Fire Lane" or "Fire Zone." Article 12 Section 12.103(f) (page 86) - Add Subsection 12.103(f) POSTING ROOM CAPACITY 12.103(f) Any room having an occupant load of more than 50 where fixed seats are not installed, install-ed, shall have the capacity of the room posted in a conspicuous place near the main exit from the, room. Approved signs shall be maintained in a legible manner by the owner or his authorized agent, and shall indicate the number of occupants permitted for each room use. Section 12.106(g) (page 88) - Add Subsection 12.106(g) EXIT MARKING 12.106(g) Any door, passage, pas-sage, or stairway- which is neither an exit nor a way of exit access, and which is so located or arranged ar-ranged as to likely be mistaken mis-taken for an exit, shall be identified by a sign reading j-'NOTAN EXIT" or similar designation, or shall be identified by a sign indicating indi-cating its actual character, "TO BASEMENT," "LINEN CLOSET," or the like. Article 78 Section 78.103 (page 210) -Change Sec. 78.103 to read as follows: 78.103 The permittee shall furnish a bond or certificate of insurance in an amount of $300,000 for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, his agents, employees, or subcontractors. subcontrac-tors. SECTION 111. Article II of Chapter 8 of the Orem City Code is hereby rescinded. re-scinded. SECTION IV. Any person per-son violating any of the provisions of this Ordinance or any of the FIRE CODE regulations which this Ordinance Or-dinance adopts shall be guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine in the sum of not to exceed $299.00 or by imprisonment im-prisonment for not more than 30 days, or by both such fine and imprisonment. imprison-ment. SECTION V. If any portion of this Ordinance shall be held invalid, such decision shall not affect the validity of the remainder remain-der of this Ordinance. SECTION VI. All ordinances or-dinances or parts of ordinances or-dinances in conflict with this Ordinance are hereby repealed. SECTION VII. This Ordinance shall become effective ef-fective immediately upon its passage and shall be approved and authenticated by the Orem City Mayor, attested by the Orem City Recorder and under the corporate seal of City, and the same shall be published in one issue of the Orem-Geneva Orem-Geneva Times, a newspaper published within the City of Orem, Utah, and shall be recorded in the Ordinance Book of the City of Orem, Utah, together with the "proof of publication there; of. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF OREM, UTAH, on this 4th day of September 1 979. ATTEST: Barry Bartlett City Recorder APPROVED: James E. Mangum Mayor COUNC1LMEN VOTING AYE: Lee E. Bamgartner H. Earl Farnworth Glen Zimmerman COUNCILMEN VOTING NAY: Wayne B. Watson COUNCILMEN ABSTAINING: Gareth W. Seastrand Published in the Orem-Geneva Orem-Geneva Times January 17, 1980. LEGAL NOTICE ORDINANCE NO. 396 AN ORDINANCE AM-ending AM-ending ordinance no. 372, SEC. 28-309, OF THE OREM CITY CODE, 1975, AS AMENDED, AMENDING AMEND-ING THE APPEALS PROCEDURE PRO-CEDURE FOR DEVELOPMENT DEVELOP-MENT OF MULTIPLE FAMILY DWELLINGS IN AREAS PREVIOUSLY ZONED FOR MULTIPLE FAMILY USES, AND REPEALING ANY AND ALL ORDINANCES OR PORTIONS OF ORDINANCES ORDI-NANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OREM, UTAH: Section I. Purpose. The purpose of this Ordinance is to amend the appeals procedures for developed and undeveloped parcels of ground adjacent to multiple mul-tiple family dwellings. Providing Pro-viding said multiple family dwellings were in existence or under permit authorized construction as of the effective ef-fective date of Ordinance No. 353, said date being January 5, 1978. The intent of this Ordinance is to expedite ex-pedite and simplify the multi-family development appeals process. Section II. General. Owners of existing lots which were lots of record prior to January Jan-uary 5, 1978, which were vacant or developed as a single family dwelling, and which are also located in a zone which was one of the multiple family zones prior to the amendment of the Zoning Ordinance effective January 5, 1978, may submit sub-mit a written application for appeal from the requirement require-ment to build or maintain only a single family detached de-tached dwelling unit to the Zoning Administrator, who will determine whether or not the subject property complies with the appropriate appro-priate provisions of this ordinance. Section III. Basis for approval ap-proval for an appeal. A. Vacant lots The following follow-ing three items shall be the acceptable basis for persons seeking an appeal to develop a previously vacant lot. If the lot conforms con-forms to all three of the following criteria the Zoning Zon-ing Administrator shall authorize a building permit to be issued. 1. The lot or property in question must be located in a zone in which multiple family dwelling units were allowed by zoning prior to the amendment of the Zoning Ordinance on January Jan-uary 5, 1978. 2. The lot or property in question must have multiple mul-tiple family units which existed prior to January 5, 1978 located on lots immediately adjacent to at least one side of the lot in question. To be considered adjacent, the lot in question must have at least fifty (50) percent of the property line in common with a lot which has multiple dwelling units located thereon. 3. The lot or property in question is so situated in realtion to other lots with existing multiple family structures that the front orientation of the proposed structure(s) cannot can-not be shifted so as to be opposite (approximately . 180 degrees) the orientation of the adjacent multiple unit. However, if fifty (50) percent or more of all the lots or properties located within 240 feet in all directions direc-tions from the lot lines of the lot in question, have been developed as multiple family units, the Zoning Administrator may grant the appeal regardless of the criteria listed in numbers 2 and 3 above. In accordance with the provisions of this section, the burden of proof shall rest upon the person seeking seek-ing an appeal under the Section, to demonstrate to the Zoning Administrator that the appeal requested should be granted and that the subject property meets all of the requirements as set forth in this section. Any appeal so granted may not exceed the density allowed under the zoning requirements in effect just prior to January 5th, 1978. B. Lots with single family residences. The following four items shall be the acceptable ac-ceptable basis for persons seeking an appeal to convert con-vert an existing single family residence into a two family dwelling. If the lot conforms to ALL four of the following criteria the Zoning Administrator shall authorize a building permit to be issued, providing pro-viding the issuance of said permit is not contrary to any recorded covenants of the subdivision in which the dwelling is located. 1. The lot or property in question must be located in a zone in which multiple family dwelling units were allowed by zoning prior to the amendment of the Zoning Zon-ing Ordinance on January 5,1978. 2. The lot or property in question must have had an existing single family dwelling constructed on the property prior to January Jan-uary 5, 1978. 3. The lot or property with the single family dwelling must have multiple mul-tiple family units which existed prior to January 5, 1978 located on lots immmediately adjacent to at least two sides of the lot in question. To be considered con-sidered adjacent, the lot in question must have at least fifty (50) percent of the property line on two separate sep-arate sides in common with a lot which has multiple family dwelling units located thereon. 4. The front of the existing single family dwelling must be oriented in the same direction as the front of at least one of the multiple family buildings build-ings to which it is adjacent. However, it seventy (70) percent or more of all the lots or parcels or property pro-perty located within 240 feet in all directions from the lot lines of the single family lot in question have been developed as multiple family units, the Zoning Administrator may grant the appeal regardless of the criteria listed In numbers num-bers 2, 3, and 4 of subsection sub-section B above. In no instance may an existing single family dwelling be converted to contain more than two (2) dwelling units. Furthermore, Further-more, an existing multiple family building may not be converted to accomodate more dwelling units than existed in the building prior to January 5, 1 978. In accordance with the provisions of this section, the burden of proof shall rest upon the person seeking seek-ing an appeal under this Section, to demonstrate to the Zoning Administrator that the appeal requested should be granted and that the subject property meets all of the requirements as set forth in this section. Section IV. Consideration Considera-tion for the granting of an appeal under this Ordinance Or-dinance is considered on the basis of existing land use and architectural aesthetics and not based mainly on economics. Section V. Appeals from the decision of the Zoning Administrator regarding re-garding these multiple family appeals procedures shall be made directly to the City Council and not to the Board of Adjustments. Adjust-ments. The City Council may grant any appeal request to construct multiple mul-tiple family dwelling units which the Council decides would result in the most appropriate use of the property. Said appeal to the City Council shall follow fol-low the provisions set forth for notification of adjacent property owners in Resolution Reso-lution 198 as adopted by the Council. Section VI. If any part of this Ordinance should be declared invalid, such decision de-cision shall not affect the remainder of this Ordinance. Ordi-nance. Section VII. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section VIII. Any person violating any of the provisions pro-visions of this Ordinance shall be guilty of a misdemeanor mis-demeanor and upon conviction con-viction thereof shall be punished by a fine not to exceed $299.00 or by imprisonment of a period not to exceed 30 days or both. Each and every day such violation shall be continued con-tinued may be considered a separate offense. Section IX. In order to preserve the health, safety convenience, peace, and general welfare of the City of Orem, and the inhabitants inhabi-tants thereof, this Ordinance Ordi-nance shall lake effect upon its passage and first publication in a newspaper of general local circulation. Approved: James E. Mangum Mayor Attest: Barry L. Barlett City Recorder Councilmen voting "aye": Lee E. Bamgartner Glen R. Zimmerman Gareth W. Seastrand Wayne B. Watson Councilman voting "nay": NONE Published in the Orem-Geneva Orem-Geneva Times January 17, 1980. LEGAL NOTICE ORDINANCE NO. 397 AN ORDINANCE AMENDING AM-ENDING CHAPTER 15. ARTICLES I AND X OF THE OREM CITY CODE, 1975, AMENDING THE DEFINITIONS AND FEES FOR BUSINESS LICENSES AND VENDING VEND-ING MACHINES. WHEREAS, a review of the licensing fee schedule sche-dule and the regulatory costs of the various business busi-ness licensing functions has been completed, and WHEREAS, said study indicates current fees raise more revenue than required to cover operational opera-tional and regulatory expenses, ex-penses, and WHEREAS, some problems have also arisen regarding the application of said fee schedule to various businesses due to incomplete andor unclear definitions, and WHEREAS, certain businesses now excluded from licensing are desired to be regulated, and WHEREAS, some problems have also arisen concerning the application of fees and regulations on vending machines, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OREM: 1. Article I. of Chapter 15 of the Orem City Code is hereby amended to read as follows: a.) In addition to the definitions set forth in Section 15-2, the following words and phrases used in this Chapter shall have the meanings and applications applica-tions as herein prescribed: Under Gross Sales, the following exclusions shall be added: (3) If the total amount of gross sales, includes sales returns, discounts, or allowances, the total of these should be excluded from the gross sales figure. Such as auto trade-in, etc., (4) Wholesalers, whose sales originate and terminate ter-minate totally outside of Orem, should deduct such sales from their total gross sales figures. - (5) Real estates offices should base their gross sales on the total sales commissions of their offices. of-fices. NOTE: While the City understands and recognizes the problems involved in determining gross sales and the correct fees, each businessman should take care to use as correct a figure as possible. All license fees and claims regarding gross receipts are subject to audit by the City. If a return is audited, any deductions or exemptions exemp-tions claimed will be closely examined. . (b.) Under Section 15-10, 15-10, subsections (a) (1-3) shall be amended as follows: fol-lows: (1) If the primary function func-tion of the business is the sale of goods or services or any other activity which results in gross receipts, the license fee shall be determined as follows: GROSS RECEIPTS FEE 0-1,000 $12 1,001-2,000 24 2,001-10,000 36 10,001-25,000 50 25,001-50.000 55 50,001-75,000 60 75,001-100,000 65 100,001-150,000 70 150,001-200,000 80 200.001-250,000 90 250,001-300,000 100 300,001-350,000 110 350,001-400,000 120 400,001-450,000 130 450,001-500,000 140 500,001-600,000 150 600,001-700,000 160 700,001-800,000 170 800,001-900,000 180 900,001-1,000,000 190 1,000,001-1,250,000 220 '1,250,001-1,500,000 240 1,500,001-1,750,000 260 1.750,001-2,000,000 280 2,000,001-2,500,000 300 2,500,001-3,000,000 320 3,000,001-3.500,000 340 3,500,001-4,000,000 360 4,000,001-4,500,000 380 4,500,001-5,000,000 400 5,000,001-6,000,000 500 6,000,001-7,000,000 600 7,000,001-8,000,000 700 8,000,001-9,000.000 800 9,000,001-10,000,000 900 over 10,000,000 1,000 (2) If the primary function func-tion of the business does riot result in gross receipts or sales, such as banks, title companies, etc., the license fee shall be thirty-six thirty-six dollars ($36.00) plus six dollars ($6.00) per each full-time equivalent employee, em-ployee, exceeding one, engaging in the operation of the business up to a maximum of one thousand dollars ($1,000.00) (3) All contractors shall pay a flat fee for their construction activities only of thirty-six dollars ($36.00) per year, regardless of size or type of construction business or number of employees. If other business busi-ness activities are associated asso-ciated with the contractor's company, such activities must be licensed separately as provided by this chapter. (b) The amount of gross receipts or number of employees em-ployees for any newly commenced com-menced business shall be based on projected receipts or number of employees for the type of business for which a license is sought, bearing in mind similar types of businesses, location, loca-tion, expertise, etc, c.) Section 15-14. Fee exemptions shall be deleted in its entirety as presently written and be replaced by the following: Section 15-14. Exemption Exemp-tion of Insurance Companies. Com-panies. Insurance Companies Com-panies shall apply in all respects for the obtaining of a business license pursuant pur-suant to this Chapter, but shall not pay a fee pursuant pur-suant to the provisions of Chapter 14, Title 31, Utah Code Annotated, 1953, as amended (Ord. No. 367, 3-28-78) d. ) Section 15.32. shall be added to read as follows: Section 15-32. Recognizing Recog-nizing licensing authority of other communities in Utah County. The City of Orem recognizes the licensing authority of all communities communi-ties in Utah County. If a business is located in and licensed by any other community com-munity in Utah County, and the business does not have a business location in Orem, that business is not required to obtain a City of Orem business license. li-cense. e. ) Section 15-30 shall be amended by adding the following statement to the provisions already included: in-cluded: Any business found doing business without a license, shall be required to pay triple the standard fee as set forth in this Chapter, if the regular fee is not paid within 30 days after notification of the business by registered mail from the City of its violation, in addition to such other fines and penalties pen-alties the Court may also impose under this section. 2. Article X of Section 15 of the Orem City Code is hereby amended to read as follows: a. ) Sec. 15-214. Definitions. Defini-tions. In addition to the definitions defi-nitions set forth in section 15-2 and 15-198, the following follow-ing words and phrases used in this article shall have the meanings herein prescribed: pre-scribed: Vending machines: Coin-operated machines that dispense merchandise items, such as foods, drinks, toys, notebooks, gum, candies, can-dies, cigarettes, etc., or services such as blood pressure, weight reading, etc. Exhibitor: A person on whose premises a vending machine may be located pursuant to arrangements with the owner or lessee of such machine. Owner: A person who owns or leases a vending machine for placement with an exhibitor. b. ) Sec. 15-215. Classifications. Classi-fications. Vending machines are classified as follows: (1) Class A: All vending machines with maximum single sales to not to exceed ex-ceed ten cents ($0.10). (2) Class B: All vending machines with maximum single sales of not to exceed ex-ceed fifty cents ($0.50), but not less than eleven cents ($0.11f (3) Class C. All vending machines with maximum single sales of fifty-one cents ($0.51) or more. c. l Sec. 15-216. License fees. (a) Owners of vending machines as such devices are defined and classified in section 15-214 and section sec-tion 15-215, shall pay a license fee to the division as follows in lieu of Section Sec-tion 15-10: (1) Class A: Two dollars ($2.00) per machine per annum; (2) Class B: Five dollars dol-lars ($5.00) per machine per annum; (3) Class C: Ten dollars ($10.00) per machine per annum. (b) Fee payments and prorations as well as renewal re-newal bilings shall be governed gov-erned by the provisions of section 15-11 and section 15-12. d. ) Sec 15-217. Regulations Regula-tions and restrictions. The licenses provided for in this article relative to vending machines in all classes shall be subject to the following regulations and restrictions: (1) The license fee for the machines shall be paid by the owner of such machines, mach-ines, not the exhibitor. Where the owner of the machines and the exhibitor are the same, the licenses for the machines shall be in addition to the license which may be required for the owner's establishment establish-ment under other provisions provi-sions of this chapter. Reve Orem-Geneva Times i mil! nue derived from the vending vend-ing machines shall NOT be included in the gross receipts of the business, for computation of fee stated in Section 15-10. (2) An identification sticker shall be posted con-spicously con-spicously on each vending machine, which shall indicate indi-cate that such machine is licensed for the current year. (3) Vending machines may be rotated by the owner thereof from one location to another as long as the total number of machines at each respective location does not increase. (4) If the licensee shall move his place of business to. another location within the city, the license for the machines may be transferred trans-ferred to such new location upon application to the licensing division pursuant to section 15-20. (5) Any vending machines mach-ines that are owned by and exhibited in schools, churches, and public buildings build-ings or owned by state, federal fed-eral or other governmental agencies, such as postage machines, shall be exempted exemp-ted from licensing of the vending machines. Nonprofit Non-profit business exemptions exemp-tions is stated in Section 15-7. (6) It shall be a misdemeanor mis-demeanor to falsify any information on any application appli-cation for license under this article. e.) Sec. 15-218. Violation Viola-tion a misdemeanor. Violation of the provisions pro-visions of this article is a misdemeanor punishable as provided in section 15-30. 15-30. PASSED by the City Council of the City of Orem, Utah this 20th day of November, 1979. ATTEST: Barry L. Bartlett City Recorder APPROVED: James E. Mangum Mayor Councilmen Voting "Aye" Lee E. Bamgartner H. Earl Farnworth Gareth W. Seastrand Wayne B. Watson Glen R. Zimmerman Councilmen Voting "Nay" NONE Published in the Orem-Geneva Orem-Geneva Times January 17, 1980. LEGAL NOTICE ORDINANCE NO. 398 AN ORDINANCE AMENDING AM-ENDING CHAPTER 16 OF THE OREM CITY CODE AND ADDING A SECTION TO DEFINE AND PROVIDE PUNISHMENT PUNISH-MENT FOR ATTMEPTS TO COMMIT CRIMES PUNISHABLE UNDER THEOREM CITY CODE. WHEREAS recent Court decisions have concluded con-cluded that the City of Orem must have an ordinance or-dinance to punish attempted attempt-ed crimes independent of the Utah Criminal Code; and WHEREAS there are many criminal acts committed com-mitted within the City of Orem which must be prosecuted pro-secuted as attempted crimes; and WHEREAS the City of Orem has not adopted an ordinance defining and punishing attempted criminal cri-minal acts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OREM, UTAH, as follows: I. Section 16-24 of the Orem City Code is hereby enacted as follows: (a) It shall be unlawful for any person to attempt to commit any of the crimes defined or adopted by the Orem City Code and punishable pun-ishable pursuant to the authority granted to the City by the State of Utah. (b) For purposes of this section, a person is guilty of an attempt to commit a crime if, acting with the kind of culpability culpa-bility otherwise required for the commission of the offense, he engaged in conduct con-duct consisting a substantial substan-tial step toward commission commis-sion of the offense. (c) For purposes of this section, conduct does not constitute a substantial step unless it is strongly corroborative of the actor's intent to commit the offense. of-fense. (d) No defense to the offense of attempt shall -.Tanuary 17, 1980 (1 Because the offense attempted was actually committed; or 2) Due to factual or legal impossibility if the offense could have been committed had the attendant atten-dant circumstances been as the actor believed them to be. (e) Any person found guilty of an attempt to commit any crime defined by the Orem City Code shall be punished as prescribed pre-scribed by Section 76-4-102, Utah Code Annotated (1953, as amended). 2. This ordinance shall take effect immediately upon passage and publication publi-cation in the Orem-Geneva Times. PASSED AND APPROVED AP-PROVED this 13th day of November, 1979. James E. Mangum Mayor ATTEST: Barry L. Bartlett City Recorder Councilmen Voting "Aye" Wayne B. Watson Lee E. Bamgartner II. Earl Farnworth Gareth W. Seastrand Glen R. Zimmerman Published in the Orem-Geneva Orem-Geneva Times January 17, 1980. LEGAL NOTICE NOTICE OF THE ANNUAL AN-NUAL MEETING OF THE STOCKHOLDERS OF THE PROVO BENCH CANAL AND IRRIGATION IRRIGA-TION COMPANY. Notice is hereby given that the annual meeting of the stockholders of the Provo Bench Canal and Irrigation Company will be held at the Orem City Fire Station, 300 E. 1000 So., February 2, 1980 at 2:00 o'clock p.m. Special business will be to hear the annual report of the officers, the election of board members and to transact any other business that may properly come before the stockholders. Dick W. Burr, President Presi-dent Richard B. Gapp-mayer, Gapp-mayer, Secretary. Published in the Orem-Geneva Orem-Geneva Times January 3, 10,17,1980. NOTICE OF TRUSTEES SALE The following described property will be sold at public auction to the highest bidder at the West front door of the County Courthouse in the City of Provo, County of Utah, State of Utah, on the 13th day of February, 1980, at 10:30 o'clock A.M. on said day: 211 West 400 South, Orem, Utah. Beginning at a point 1168.74 feet East and 33.0 feet South from the North one quarter corner of Section 22, Township 6 South, Range 2 East, Salt Lake Base & Meridian; Meri-dian; thence East 73.48 feet; thence South 131' East 262.07 feet; thence West 73.48 feet; thence North 131' West 262.07 feet to beginning. ALSO: Commencing 33 feet South of the Northwest corner of the Northeast quarter of Section Sec-tion 22, Township 6 South, Range 2 East, SLBM; thence South 261.98 feet; thence West 20 feet; thence North 261.98 feet; thence East 20 feet to the place of beginning. ALSO: Commencing 1242.22 feet East along the Section line and 33 feet South from the North quarter corner of Section 22, Township 6, South, Range 2 East, SLBM; thence East 77.78 feet; thence South 261.98 feet; thence West 70.84 feet; thence North 131 West 262.07 feet to the place of beginning. The Notice of Default was heretofore recorded in the Utah County Recorder's Office on the 28th day of September, 1979, in Book 1781, page 283-284. Purchase price payable in lawful money of the United States. Dated this 3rd day of January, 1980. Bank of Pleasant Grove 66 South Main Floasant Grove, Utah 84062 Published in the Orem-Geneva Orem-Geneva Times on Jan. 10 17,24,1980. Legal Notices Continued On Next Page |