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Show City Recorder STATE OF UTAH The Payson Chronicle, Pay son, Utah THURSDAY, SEPTEMBER 18. 1958 REVISED ORDINANCE Series 19S8 No. 4 The City Recorder shall cause the last publication thereof to be made at least one day before the date set for the expiration of the filing of protests. In addition, said notice shall be mailed by the City Recorder, postage prepaid, as s mail, at least twenty days prior to such hearing, to address of the owner of each land within the District whose property will be assessed for the cost of the improvement, such addresses and owners being those appearing on the local property assessment rolls for general (ad valorem) taxes of the County of Utah, wherein said property is located. The City Recorder shall file in his office proof of publication and of mailing of said notice. Section 2. Whenever any notice is mailed as herein provided, the fact that the person to whom it was addressed does not receive it shall not in any manner invalidate or affect the legality of the notice therelast-know- last-know- 1, 1, and expenses thereof; and WHEREAS, Section Utah Code Annotated, 1953, provides that in all cases before making any of the improvements or levying any taxes as provided in Title 10, Chapter 7, Article 7 of said Code, the governing body shall give notice of the intention to make such improvement and levy such tax; and WHEREAS, the manner of giving such notice of intention, other than by publication, is not provided in said Article; and WHEREAS. Section of said Code provides that city councils may consistent with general law provide the manner and form in which special taxes shall be levied and collected; and 1, 10-8-- 4 WHEREAS, by Section 10-- 7 of said Code it is further provided that when by Title -- 2 10 thereof power is conferred upon the city council to do and perform any act or thing and the manner of exercising the same is not specifically pointed out, the city council may provide by ordinance the manner and detail necessary for the full exercise of such powers; and WHEREAS, the City Council has determined, and does hereby determine, that the manner of giving notice herein provided for is consistent with and all said Section other general law and that in addition it is reasonable calculated to inform the parties of the proceedings concerning the District which may directly and adversely affect their legally protected interest. 10-7-- BE IT NOW, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PAYSON, UTAH: Section 1. In connection with the Citys proposed special assessment district known and designated as Payson Special Assessment District No. 1958-- 1 to be created and established within the corporate limits of the City of Payson for the purpose of curbing, guttering, and otherwise sidewalking improving certain streets and parts of said city and of assessing the cost thereof to the property benefited thereby, the City Recorder be, and he hereby is, authorized and directed to give notice of the passage of the resolution of intention to be hereafter adopted for said District and of the time within which protests against the proposed improvements therein, the levy of the special tax therefor, or the creation of such District, may be filed, of the Citys intention to make such improvement and levy such tax, of the purpose for which the taxes are to be levied, the boundaries of said District, in a general way a description of the improvements so proposed to be made, the estimated cost as determined by the City Engineer, and the date when such protests will be heard and considered by the Council. Said notice shall be published for a period of at least twenty days by publication once a week for four cossecutive weeks in four consecutive issues of the weekly newspaper published in said City, the Payson Chronicle, the Offical newspaper of said City. to-w- it, Section 4. If any one or more sections, sentences, clausfes or parts of this ordinance shall, for any reason, be questioned or held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this ordinance, but shall be confined in its operation to the sentences, specific sections, clauses or parts of this ordinance so held invalid, and the inapplicability and invalidity of sentence, any section, clause or part of this ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this ordinance in other instances. Section 5. All orders, bylaws, resolutions and ordinances, or parts thereof, in conflict with this ordinance are hereby repealed. Section 6. The officers and mployees of the City be, and they hereby are, authorized and directed to take all action nectissary or appropriate to effectuate the provisions of this ordinance. Section 7. In the opinion of the City Council of the City of Payson it is necessary to the peace, health and safety of said City that this ordinance shall take affect imits passage, mediately upon approval and publication, and that an emergency is hereby declared. That immediately after its adoption, this ordinance shall be signed by the Mayor and City Recorder and shall be recorded in a book kept for that purpose and shall be published in one issue of the Payson Chroncile, a newspaper published and having general circulation in the City of Payson. Passed by the City Council of the City of Payson and approved by the Mayor of said City, this 16th day of September, 1958. G. Osmond Dunford Mayor. (SEAL) Attest: Edward H. Bates City Recorder Councilman Max R. Warner then moved that said ordinance be passed and adopted as read. The adoption of the fore-going ordinance was seconded by Councilman Sherman Loveless, and on being put to a vote, was carried, the vote being as follows: Those Voting Aye: Max R. Warner, Keith Jolley, Sherman Loveless, Waldo Wilson, and Glenn Cowan. Those Voting Nay: None. The presiding officer thereupon declared that as a majority of all the members of the City Council voted in favor thereof, the said motion was carried and the said ordinance finally passed and adopt1 ed. The Mayor thereupon signed said Revised Ordinance No. 4 in approval thereof, and the same was duly attested by the City Recorder and the city seal thereof affixed to said ordinance. ADOPTED AND APPROVED this 16th day of Septem- ber, 1958. G. Osmond Dunford, Mayor. (SEAL) Attest: Edward H. Bates, ) COUNTY OF UTAH ) SS. ) CITY OF PAYSON ) I, Edward H. Bates, the duly chosen, qualified and acting City Recorder of the City of Payson, in the County of Utah and State of Utah, do hereby certify that the foregoing pages numbered 1 to 7, both inclusive, are true, perfect and complete copies of the record of proceedings of the City Council of the City of Payson, had and taken at a lawful meeting of said Council held at the City Hall in said City, on the 16th day of September, 1958, at the hour of 8 oclock p.m., as recorded in the regular official book of records of the proceedings of said Council kept in my office, and that said proceedings were dyly had and taken as therein shown, that the meeting therein shown was duly held, and that the persons therein named as present at said meeting were present as shown by said minutes. WITNESS my hand seal of the City of Utah, this 16th day of ber, 1958. Edward H. and the Payson, Septem- Bates City Recorder (SEAL) NOTICE OF INTENTION TO CONSTRUCT IMPROVEMENTS, TO LEVY SPECIAL TAXES AND ASSESSMENTS AND TO CREATE PAYSON SPECIAL ASSESSMENT DISTRICT NO. 1958-WITHIN THE CITY OF PAYSON, UTAH. NOTICE IS HEREBY GIVEN by the City Council of the City of Payson, Utah, of its adoption of a resolution on the 16th day of September, 1958, declaring its intention to create therein PAYSON SPEC1 IAL ASSESSMENT DISTRICT NO. 1958-to curb, gutter, sidewalk, and otherwise improve certain streets and parts there1, of therein, and to pay the total cost thereof by the levy and collection of special taxes and assessments upon assessable property therein; and the City intends to levy such tax for the purpose of paying said total cost, to create said District, and to make said improvements described in a general way, together with the streets and parts thereof in said District so to be improved, as follows: Sidewalk (Including only removal and replacement; Sidewalk improvements with asterisk are 4 feet wide; all others are 5 feet wide): North side of First South between 50 West and 100 West; approximately 20 feet on the North side of First South between First East and Second East bordering the property of Vertt H Cloward; North side of Utah Avenue between 120 East and 100 East; approximately 25 feet on the North side of Utah Avenue between Fourth East and Fifth East 15 feet bordering the property of Payson Coca Cola Bottling Co. and 10 feet bordering the property of Payson City; approximat- feet on the North side of Utah Avenue between Second East and Third East 90.4 feet bordering the property of Maynard C. Moore and 9 feet bordering the property of Oren R. Crouch; approximately 70 feet on the North side of Utah Avenue between First East and Second East 62 feet bordering the property of Kathryn W. Brown; approximately 125 feet on the West side of Fourth Wtst between First North and 82.5 feet Second North bordering the property of Lyman Kapple and approximately 42 feet bordering the property of John Badham; pproximateiy 75 feet on the East side of Fourth West between Second. North and Th'rd North bordering the property of Byron C. Gale; approximately 210 feet on the West side of Main Street between Third North and Fourth North 24 feet bordering the property of Anna M. Wilson 76 feet bordering the property of 10 feet Richard L. Lant bordering the property of Aline S. Shepherd 30 feet bordering the property of Coombs and Perrson Co. 55 feet bordering the property of Lou and Ina Hansen and 15 feet bordering the property of Earl F. Spencer; approximately 340 feet on the East side of Main Street between Third North and and Fourth North 60 feet bordering the property of Woodrow Wilson 101.4 feet bordering the property of Duke Page Auto Co. 64 feet bordering the property of Wayne A. Beckstrom, and ely 108 Plat J: bordering the propLots 2 end 3 of bio-- k 4; erty of Harold W. Rasmus-- v lots and 4 of bloc'.; 5; Lt. n; approximately 20 feet I and 4 of bbek 14; lots 2 on the West side of Main and 3 cf block 15. street between Second North and Third North borderPlat N: Lots 3, 4, 5. G and 7 of ing the property of Cecil L. Simons; approximately block 1; lots 1, 7, 8, 9, 10, 120 feet on the West side of II and 12 of bPck 2; lots 6, Main Street between First 7 and 8 of block 3; lots 1 North and Second North and 12 of block 5; lots 4, 5 bordering the property of and 6 of block 6; lots 3 and 4 of block 7; lots 1, 2 and Payson Third Ward Corporation and Nebo Stake; ap11 of block 8. proximately 105 feet on the Plat O: West side of Main Street Lots 1, 2 and 3 of block 13;' between Fifth South and lots 1, 2 and 3 of block 14; 15 feet borderSouth Sixth lots 1 and 2 of block 15; lots ing the property of Zora 1 and 2 of block 16. Barnett, 80 feet bordering Plat P: the property of Florence Lots 2 and 3 of boek 6; Barnett Spencer and 10 feet lots 1 and 4 of block 7; lots bordering the property of C. and 4 of block 16; lots 2 Ralph and Verda A. Davis; 3 of block 28; lots 1 and and approximately 41 feet on 4 of block 29. Main side of West Street the Lawns, shrubs, plantings, between Sixth South and rock gardens, walls, fences, 35 Seventh South feet steps, sprinkling systems, bordering the property of etc., area within the lying McFadden Lulu Harper and disturbed shall be removed 6 feet bordering the propwith and as a part of the erty of Edwin H. Cutler; excavation by the general approximately 10 feet on contractor. Any abutting the West side of Main Street property owner desiring to between Seventh South and save these improvements Eighth South 5 feet bordmay do so at his own expense ering the property of James prior to the commencement S. McClellan and 5 feet of construction work. bordering the property of The City Engineers osti Richard H. Jenkins. mate of the total cost of makSidewalk (Excluding those im- ing said improvements, inprovements which shall in- cluding all construction costs, volve removal ar.d replacethe cost of engineering, inment; Sidewalk improve- spection. publishing and ma ments with asterisk are 4 notice:, the special feet wide; all others are 5 tax levy andmaking all other proper feet wide): incidental expenses, is the South side of First South sum of $145,87: 00. The estibetween 500 East and 400 mated cost of constructing East, between 300 East and said curb and gutter improve200 East, between 100 East ments is $102,236.00, and the and Main Street, between incidental expenses are 400 West and 800 West; for the total of $111,- North side of First South 972.00. The estimated cost of between 300 West and 400 constructing said sidewalk imWest, between 500 West and provements is $30,054.00, and 800 West; North side of Utah the incidental expenses are Ayenue between 300 East $2,948.00, for a total of $13,- and 350 East; South side of 902.00. No part of the cost of First North between 200 making said improvements shall be made from the genWest and 300 West, between 360 West and 500 eral or street improvement West and between 500 West fund, except such p art of the and 700 West; North side of incidental cost of such imFirst North between 100 provement above tern per cent West and 500 West, between of the contract price of such 600 West and 700 West; East improvement, if any, it being side of Fourth West between established the incid. ntal casts 220 North and 300 North and between 300 North and 400 North; East side of Main Street between 600 North and 540 North, between 700 South and 800 South; West side of Main Street between 600 North and 400 North. Curb and Gutter (Including only removal and replacement): West side of Main Street between 150 North and 200 North. Curb and Gutter (Excluding those improvements which shall involve removal and replacement): South side of First South between 500 East and Main Street, between 300 West and 400 West between 550 West and 800 West; North side of First South between 300 West and 200 West, between 100 East and Main Street, between 50 West and 100 West, between 670 West and 700 West, between 770 West and 800 West; South Side of Utah Avenue between 500 East and 100 East; North side of Utah Avenue between 400 East and 300 East, between 200 East and 100 East; South side of First North between 110 feet 1 ) AN ORDINANCE CONCERNIMING A PROPOSED PROVEMENT DISTRICT WITHIN THE CITY OF PAYSON, TO BE DESIGNATED, "PAYSON SPEC- first-clasIAL ASSESSMENT DISTPROVIDRICT NO. 1958-n ING FOR THE GIVING OF n COUNTHE NOTICE OF CILS INTENTION TO MAKE IMPROVEMENTS IN SAID DISTRICT AND TO LEVEY A SPECIAL TAX THEREFOR, SUCH NOTICE TO BE AS PRESCRIBED UTAH BY SECTION CODE ANNOTATED, 1953, AND LAWS SUPPLEMENTAL THERETO; PRESCRIBING OTHER DETAILS CONCERNING SUCH NOTICE; RATIFYING ALL ACTION TO TAKEN PURSUANT THE PROVISIONS HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Payson, Utah by given. County, Utah, deems to be for Section 3. That all action the best interest of the City to inconsistent with the pre(not curb, gutter, sidewalk and visions of this ordinance) herecertain otherwise improve this municitofore taken by withstreets and parts thereof the and officers thereof, in the corporate limits of the pality a heardirected toward holding City; and on the assessment roll filed ing WHEREAS, the City Council with the City Clerk for Pay-so- n of said City deems it necessary Assessment Disand desirable to create Pay-so- n trict Special No. 1958-and toward Special Assessment Dis- giving notice thereof pursuant 1958-1 trict No. therein, for to the hereof, be, the purpose of making said and the provisions same hereby is, ratiimprovements and providing fied, approved and confirmed. for the payment of the cost 1; t 1 will not exceed said amount, and pvCppt the proportionate hare cf sa.d cost of any real estate not subject to assessment of special taxes for improvement purposes, if any, it being understood that all real estate therein may be assess-- c d. Said cost of making said shall be defrayed, except as aforesaid, by the levy and collection of special taxes and assessments upon the assessable property in said District benefited by said improvements and fronting or abutting upon or adjacent to said streets, said assessments levied according to frontage to the entire depth of said property back from said streets, provided that an allowance shall be made for corner lots so that they are not assessed at full rate on both streets; and provided, further, that an equitable adjustment will be made for issessments levied against any irregular lots or lands, so that the assessments according to benefits are equal and uniform. Assessments shall be levied against lots and lands for their proportionate shares of constructing the designated improvements upon the streets upon which they are bounding, abutting or adjacent. Each type of curb, gutter or sidewalk and constructed, curb, gutter or sidewalk removed, shall bear its proportionate share of all incidental costs incurred in the District upon the basis of the ratio of the total cast of said tvpe of curb, gutter or sidewalk constructed or removed to the total cost of the entire District. Said resolution of intention is on file in the office of the City Recorder, together with plats, plans and profiles of the improvements to be made, and all persons interested are hereby referred to the same for further information in regard to said improvements and said ical improvement district. Written protests against said proposed improvements, the levy of such special tax, or the creation of said Payson Assessment District Special No. 1958-1- , within the City of Payson, Utah, may be filed by ; ny person who is the own 1 er of property to be assessed this resolution shall take in said proposed District, with the City Recorder of said City on or before 16th day ot October, 1958, at 5 oclOLk p. m., Mountain Standard Time, indicating in said protests at least a legal description of the property', its street address, frontage and area, the name of owner, and the nature of the protest and the reason for making such. Also, on the said 20th day of October, 1958, at 7:30 oclock, September, G. 1958. Osmond Mayor Dunford (SEAL) Attest: Edward H. Bates City Recorder The motion for the adoption of the foregoing resolution was seconded by Waldo Wilson and, on being put to a vote, was carried by the affirmative of vote of at least two-thirthe total membership of the City Council, the (VOte being as follows: Those Voting Aye: Max R. Warner, Keith Jolley, Waldo Wilson, Sherman Loveless, and Glenn Cowan. Those Voting Nay: None. ADOPTED AND APPROVED this 16th day of September, p.m., Mountain St:ndard Time, in the City Hall, the City Council of said City, will hear and consider any protests so filed. BY ORDER OF THE CITY COUNCIL OF THE CITY OF PAYSON, UTAH, dated this 16th day of September, 1958. Edward H. Bates City Recorder Section 8. That the officers of the City, be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate soluthe provisions of this 1958. G. Osmond Dunford, Mayor. tion. Section 9. That all action heretofore taken (not inconsistent with the provisions of this resolution) by the City and the officers thereof, directed toward the objects and purposes hereinaboVe stated, and the issuance of special assessment bonds be, and the same hereby is, ratified, approved and confirmed. Section 10. That all orders, and resolutions, or parts thereof, in conflict with this resolution, are hereby repealed. Section 11. That if any one or more sections, sentences, clauses or parts of this resolution shall for any reason be questioned or held invalid, such judgment shall not affeeb impair or invalidate the reprovisions maining hereof, but shall be confined in its operation to the specific secclauses or tions, sentences, parts of this resolution so held invalid. n Section 12. That in the on of the City Council of the City of Payson, Utah, it is necessary to the peace, health and safety of said City and the inhabitants thereof that (SEAL) Attest: Edward H. Bates, City Recorder. STATE OF UTAH ) COUNTY OF UTAH ) ) SS. ) CITY OF PAYSON ) I, Edward H. Bates, the duly chosen, qualified and acting City Recorder of the City of Payson, in the County of Utah and State of Utah, do hereby certify that the foregoing pages numbered 1 to 15, both inclusive are true, perfect and complete copies of the record of the City of proceedings Council of the City of Payson, had and taken at a lawful meeting of said Council held at the City Hall in said City, on the 16th day of September, 1958, at the hour of 8 oclock p.m., as recorded in the regular official book of records of the proceedings of said Council kept in my office, and that by-la- op-i- said proceedings were duly had and taken as therein shown, that the meeting therein shown was duly held, and that the persons therein nam- - - 100 West and 700 Alexander Smiths Sculptured , 10 Loomed for fabulous , long-wearin- sq. yard loveliness! g In no other broadloom so modestly priced will you find such superb styling and superior quality. ... a weave that skillfully combines twists and straight achieve to the effect of deep sculpture. yarns For West; North side of First North between 100 West and 200 West; between 320 West and 500 West between 520 West and 570 West, between 590 West and 700 West; East side of Fourth West between Utah Avenue and 400 North; West side of Fourth West between 360 North and 400 North; East side of Main Street between 400 South and 600 South, between 700 South and 800 South. all-wo-ol BROADLOOM Only J texture For design and color ...the most exciting group of contemporary and traditional patterns in colors we have ever been able to offer. g For cushion-lik- e softness and durability . . . thick, yarns densely woven and securely locked into a backing. all-wo- super-stron- g The boundaries of said District within said City re the exterior lines of the pro-nos- allowing property: Plat A: Lots 3 and 4 of block 12; lots 3 and 4 of block 13; lots 3 and 4 of block 14; lots 3 and 4 of block 18; lot 4 of block 19; lot 4 of block 23; lot 4 of block 21; lots 6, 7 and 8 of block 22; lots 1, 2, 5 and 6 of block 23; lots 1 and 3 of block 25; lots 1 and 3 of block 25; lots 1 and 3 of block 28: "lots 1 and 2 of block 27; lots 1 and 2 of block 28; lots 1 and 2 of block 31; lots 3 and 4 of block 32; lots 1 and 2 of block 33; lot 2 of block 34; lots 1 and 2 of block 37; lots 1, 2 and 3 of block 38; lots 1 and 2 of block 39; lots 1, 2, 3, 4 and 5 of block 43; lot 5 of block 46; lot 1 of block 47; lots 1, 5 and 6 of blcck 49; lots 2, 5 and 6 of block 50; lots 4, 5 and 8 of block 59; lots 1, 6 and 7 of block 60. Why wait any longer to enjoy that new broadloom costs so little. when Touraine, installed wall-to-wa- ll, The Largest Carpet Selection in Southern Utah County MOHAWK - ALEXANDER MASLAND Page Furniture Co. The House et Quality ef- fect ;pcn its passage and approval. Passed by the City Council of the City of Payson, Utah, and approved by the Mayor of said City, this 16th day of SMITH |
