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Show Thursday, February THE 16, 1961 Price City Ordinance No. 1188-6- 1 ?EE?ANCE RATIFYING, approving and confirming ACTION, proceedings, and things CONCERNING SPECIAL IMPROVEMENT DISTRICT NO. 59, IN THE PRICE: PROVIDING FOR THE ISSUANCE OF CURB, SIDEWALK AND PAVING BONDS; PRESCRIBING DETAILS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. T matters yrrpi, WHEREAS, the City Council of the City of Price, in the County of Carbon and State of Utah, has heretofore taken the requisite proceedings for making curb, gutter, sidewalk and street paving improvements as shown in the Notice of Intention in what is commonly designated Special Improvement District No. 59, more particularly described in Ordinance No. 1185-6- 0 of said City, adopted and approved the 28th day of November, 1960; and by said Ordinance, said City Council has validly levied a special tax and assessment in the amount of $102,098.81 upon the blocks, lots, or parts thereof, and pieces of ground, specially benefited by said improvements, and fronting or abutting upon or adjacent to said streets, to defray the cost of constructing and making said improvements, all in accordance with the statutes of the State of Utah providing therefor; and WHEREAS, said special tax w'as made payable in ten equal annual installments on or before the 24th day of December in each of the years 1961 to 1970, both inclusive, bearing interest at a rate of 6 per annum, as provided in said Ordinance 1185-6or, in the alternative, at the option of the owner or owners of the property so assessed, one or more of such installments in the order payable, or the whole tax, was made payable without interest on or before the 24th day of December, 1960; and WHEREAS, the City Treasurer of the said City of Price has given the requisite notice of the levy of said special tax; and WHEREAS, there remains unpaid of said special tax and assessments by the property owners of said blocks, lots, or parts thereof, the sum of $87,407.34; and WHEREAS, said City of Price has determined and hereby determines to issue its Curb, Gutter, Sidewalk and Paving Bonds in the 0, S U N -A D V O C A T E, PRICE, UTAH from, and as security for such payment there is pledged a special fund designated as the City of Price, Utah, Special Improement District No. 59 Bind Fund, containing the receipts derhed b said City after December 24, 1960, from the special taxes and assessments levied upon the property included in said District in said City for the purpose of pacing in part the cost of making miscellaneous improvements as shown in the Notice of Intention, by virtue of and in full conformity with the Constitution and laws of the State of Utah and certain Ordinances and Resolutions of said City duly passed and made law thereof prior to the issuance hereof. to It is hereby certified that, as authorized by Sections inclusive, Utah Code Annotated, 1953, and an Ordinance of the City of Price duly passed and made law thereof prior to the issuance of this Bond, a Special Improvement Guaranty Fund has been created and said City agrees that at all times during the life of this Bond and until payment thereof in full, said Fund shall be at all times maintained as therein required. This Bond is payable exclusively out of said Bond Fund and Special Improvement Guaranty Fund. Said City shall not be held liable for the payment of this Bond except to the extent of the Funds so created and received from said special tax levies and assessments and to the extent of its Special Improvement Guaranty Fund; but said City shall be held responsible for the lawful levy of all special taxes or assessments, for the creation and maintenance of the Special Improvement Guaranty Fund as provided by law, and for faithful accounting, collection, settlement and payments of the special tax and assessments levied for local improvements and for the moneys of said Funds. Said special tax and assessment made and levied to defray said cost, with accruing interest thereon, constitutes a lien upon and against the property upon which such tax and assessment was made and levied from and after December 9, 1960, the date upon which the Ordinance levying such tax and asessments became effective, which lien is prior and superior to all liens, claims, titles, mortgages and encumbrances, and equal to and on a parity with the liens of general taxes. It is hereby certified, recited and declared that all acts, conditions and things essential to the validity of the bond exist, have happened and have been done in due time, form and manner as required by law. and that the total issue of Special Improvement Bonds of said City for said District, including this Bond, does not exceed the amount authorized by law nor the special tax and assessments levied to cover the cost of said improvements in said District, and that all of said special tax and assessments have been lawfully levied. IN WITNESS WHEREOF, City of Price, Utah, has caused this Bond to be signed by its Mayor, countersigned by its City Treasurer, attested by its City Recorder and City Auditor, and its corporate seal to be affixed thereto, and the annexed coupons to bear the facsimile signature of said City Recorder and City Auditor, and this Bond to be dated as of the 1st day of Jan10-7-- 6, sum of $87,407.34; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICE, COUNTY OF CARBON, STATE OF UTAH : Section 1. That all action, proceedings, matters and things heretofore taken, had and done by the City of Price and the officers of said City concerning making curb, gutter, sidewalk and paving improvements as shown in the Notice of Intention in what is commonly designated Special Improvement District No. 59, within and for said City, the creation of said District, the levy and collection of a special tax and assessments to meet the cost and expense of such im- uary, 1961. provements, and the issuance of Curb, Gutter, Sidewalk and Paving Bonds therefor, be, and the same hereby is ratified, approved and confirmed, including, without limiting the generality of the foregoing, (SEAL) the sale of said bonds to Thornton D. Morris and Co., Salt Lake City, io io Mayor COUNTERSIGNED: Utah. Section 2. That the City of Price and the Treasurer thereof be, and are hereby authorized, empowered and directed to receive, collect and enforce the payment of all of said special tax and assessments made to defray the cost of acquiring said improvements, and all installments thereof, all interest thereon, and penalties thereto, to any person or persons lawfully entitled thereto. Section 3. That for the purpose of defraying in part the cost and expense of making and otherwise acquiring said improvements, there be issued in the name of the City of Price, Utah, bonds designated City of Price, Special Improvement District No. 59, Curb, Gutter, Sidewalk and Paving Bonds, Series January 1, 1961 in the aggregate principal amount of $87,407.34, consisting of 87 bonds in the denomination of $1,000 each, numbered consecutively from 1 to 87, both inclusive, and 1 bond in the denomination of $407.34, numbered 88, which bonds shall bear interest at the rate of 5 per annum from date to maturity, payable January 1, 1962, and annually thereafter on the 1st day of January in each year, evidenced by interest coupons on each bond. Said bonds and the coupons thereto attached shall be payable in lawful money of the United States of America at the office of the City Treasurer of the City of Price, Carbon County, Utah. Said bonds shall mature serially in regular numerical order on the 1st day of January in the years indicated, as follows: Amount Maturity ' 1961 to 1963, incl. $8,000 1964 to 1969, incl. 9,000 City Treasurer ATTEST: City Recorder and City Auditor Ex-offic- io (Coupon Form) $50.00 $20.37 On the 1st day of January, 19 , City of Price, County of Car State of Utah, will pay the bearer hereof FIFTY AND NO100 DOLLARS TWENTY AND 37100 DOLLARS in lawful money of the United States of America, out of a special fund designated as the City of Price, Utah, Special Improvement District No. 59 Bond Fund and out of the Citys Special Improvement Guaranty Fund, at the office of the City Treasurer of Price, Utah, being one years interest on its City of Price, Special Improvement District No. 59 Curb, Gutter, Sidewalk and Paving Bond, Series January 1, 1961, bearing No bon, City Recorder and City Auditor Ex-offic- io e, in the City of Page Thre a newspaper published and having general circulation Price. PASSED by the City Council of the City of Price, County of Carbon, State of Utah, and approved by the Mayor, this 13th day of February, 1961. WILLIAM J. WELSH, JR. (SEAL) Mayor ATTEST: MELBOURNE F. RUSSELL City Recorder Published: February' 16, 1961 i h 4. Obituary Notices THOMAS S. HARVEY Funeral services for Thomas Stanley Harvey, 43, Dragerton, who died Monday in a Salt Lake City hospital after a short illness, will be conducted tomorrow (Friday) at 2 p.m. in the Dragerton ward chapel, Church of Jesus Saints. BurChrist of Latter-da- y ial will be in the Price city cemetery under the direction of the Mitchell Funeral Home. He was born June 12, 1917, at Winter Quarters, the son of Stanley C. and Elanor Richards Harvey. He married Dorothy Bowen November 5, 1938, at Castle Dale. He was a unit foreman at the Horse Canyon mine of the Geneva Steel division, United States Steel Corporation. Surviving are his widow', Dragerton; son and daughters: James B. Harvey, Fort Ord, California; Jalaene Harvey and Mrs. Ronald RICHARD J. VAUGHAN MAE JAMES ELWOOD Strang, Salt Lake City; Wendy Harvey, Dragerton; one grandchild; his parents of Clear Creek; brothers and sisters: James R. and Joseph A. Harvey, Dragerton; Boyd J. Harvey, Price; William B. Harvey, Clear Creek; (Kathryn) Mae James Elwood, 58, Price, died Monday morning in a Seattle, Washington, hospital following a lingering illness. She had been living in Seattle with her son since July of last year being on sick leave from her position as Mrs. Reid (Delores) Burnham and a vice president of the First NaMrs. Frank (Nelda) Delost, Boun- tional Bank of Price. tiful; Mrs. George (Beth) FerguMrs. Elwood was born October son, Sunnyside. 12, 1902, at Tucker, Utah county, the daughter of John H. and Bertha Farish James. She had been employed by the First National Bank since May of 1926 starting as a clerk and working up to the vice presidency. She was a charter member of the Price Ladies of Elks and the Soroptimist Club of Price. Surviving are a son, William J. Elwood, Seattle; sisters: Mrs. R. L. (Ruth) George, Seattle; Mrs. Fred M. (Charlotte) Reynolds, Price; Miss Mary J. Proctor, San Francisco, and Mrs. Lyle (Della) Hyatt, Salt Lake City; tw'o grandchildren. Funeral services will be conducted Saturday at 1 p.m. in the chapel of the Mitchell Funeral Home under the direction of the Reverend William Corlett of the Price Community Methodist Church and burial will be in the Price city cemetery under the di ELMO G. GEARY rection of Mitchell Funeral Home. Funeral services for Elmo G. Geary, 46, head of the division of humanities at Carbon College, were conducted Tuesday at 2 p.m. in the Huntington First ward chapel, Church of Jesus Christ of a AUDITORS CERTIFICATE I hereby certify that this Bond does not constitute an indebted1970 ness of City of Price, County of Carbon and State of Utah, within 9,407.34 any State constitutional or statutory limitation, and is issued ac- Latter-da- y all have qualithe shall be and Said bonds shall fully negotiable Saints. ties of negotiable paper, subject to the payment provisions stated cording to law. Mr. Geary died Friday afterDATED This ..., 1961. noon at his home in day of herein, and the holder or holders thereof shall possess all rights enHuntington joyed by holders of negotiable intruments under the provisions of the after a long illness. He had been cn leave of absence from the colNegotiable Instruments Law. City Recorder and Said bonds shall be signed by the Mayor, countersigned by the lege where he taught dramatics Auditor City and speech. City Treasurer, and attested by the City Recorder and Section 6. That said bonds when executed shall be issued to the Mr. Geary was one of the planCity Auditor of said City of Price, and its corporate seal shall be lawful purchasers thereof, for the principal amount thereof and ners and designers of the affixed to each bond. The coupons attached to said bonds shall bear accrued and said of to the date interest delivery; City hereby pledges City $400,000 Geary Theater the facsimile signature of the City Recorder and to the holder or holders of said bonds, the exercise of all lawful cor- on the Carbon College campus Auditor, which officer by the execution of said bonds shall adopt as assessment tax said collection of and in the special powers which earlier in the present school and for his signature the facsimile thereof appearing on said cou- porate const- levied for the collection of such bonds. The funds realized from the year was named in his honor by pons, and when said bonds are executed, said coupons shall issuance of said bonds shall be deposited in the Citys Special Im- the board of itute the binding obligations of said City for said interest. Said bonds regents of the Uniprovement District No. 59 Construction Fund, heretofore created versity of Utah, of which Carbon in the office at officers of the and coupons bearing the signatures and solely for the purpose of paying the costs and expenses College is a branch. He was also time of the signing thereof shall be valid and binding obligations of applied said improvements, provided that all moneys, if any, re- founder of the Price making and thereof before the delivery that of said City notwithstanding in said Construction Fund after the payment of all proper Theater which was Communityin maining whose signatures appear organized payment therefor any or all of the persons of said improvements, shall then be paid into 1956. and costs expenses An ardent worker with thereon shall have ceased to fill their respective offices. in bonds of shall said herein Bond The said created. Fund, purchaser None of said bonds shall be subject to redemption prior to ma- no manner be responsible for the application by said City, or any students and on community projects, Mr. Geary was a perfectionturity. of its officers, of any of the funds derived from the issuance thereof. ist and this trait paid off in his Section 4. That said bonds and the interest thereon are payable Section 7. That all assessments collected by the Treasurer of debating and speech teams winis such there hereby for as and payment out security of, solely said City after the said 24th day of December, 1960, and the ning several state and national Spepledged, a special fund designated as the City of Price, Utah,someaccount thereof, shall be kept in the said Bond Fund separate and honors. cial Improvement District No. 59 Bond Fund (hereinafter derived apart from all other funds and moneys of said City, and said Fund Mr. Geary was graduated from by the Bond receipts the containing Fund), times designated from the 1960, special shall be kept in the custody of the City Treasurer in the manner Brigham Young University in 1935 said City after the 24th day of December, laws of the State of Utah and the ordinances of said with a bachelor of science degree. tax and assessments levied upon the property included in said provided by the howHe taught school in Emery county City. 59 said of No. provided, District City, Special Improvement Section 8. That the officers of said City be, and they hereby for ten years until he became a ever, said payment is additionally secured by a special improvement not are authorized and directed to take all action necessary or appro- salesman for the National Biscuit guaranty fund heretofore created by said City. Said City shall with- Company. He returned to teaching be held liable for the payment of any of said bonds, except to the priate to effectuate the provisions of this ordinance, including, extent of the funds created and received from said special tax levies out limiting the generality of the foregoing, the printing of said in 1950 at Carbon College and in and assessments and to the extent of its special improvement guar- bonds and the execution of such certificates as may reasonably be 1953 he earned his masters delawful required by the purchasers thereof, relating inter alia, to the signing gree in speech from the Univeranty fund; but said City shall be held responsible for the main- of the bonds, the tenure and identity of the municipal officials, the sity of Utah. He did graduate and the creation for assessments, or taxes all of special levy work at the University of Calitenance of the special taxes or assessments, for the creation and amounts certified on the assessment roll, together with the amount remaintenance of the special improvement guaranty fund as pro- of payments received, the accuracy of property descriptions, the ab- fornia. He bom May 31, 1914, at vided by law and f:r laithful accounting, collection, settlement and ceipt of the purchase price, the delivery of the bonds, and the and for the sence of litigation pending or threatened affecting the validity of Huntington, the son of Edward G. local levied for tcxes improvements of the payments and Grace Wakefield Geary. lie the bonds, if such is in accordance with the facts. moneys of said funds. and Section 9. That any holder of any one or more of said bonds, married Estella Ungerman March Section 5. That said bonds, the coupons thereto attached, folor any of the coupons representing interest thereon, may, either 19, 1937, in the Salt Lake City the certificate to appear thereon, shall be in substantially the at law or in equity, by suit, action, mandamus or other appropriate LDS temple and was a Seventy in lowing form: proceeding in any court of competent jurisdiction, enforce and compel the Huntington First ward. (Bond Form) Surviving are his widow, two the performance of any duty imposed upon the said City by the UNITED STATES OF AMERICA the gener- sons and a daughter: Edward, without of this limiting including, ordinance, CARBON provisions OF COUNTY STATE OF UTAH ality of the foregoing, the segregation of the special tax and assess- John and Linda Sue Geary; his CITY OF PRICE ments and the proper application thereof. The failure of the mother, a brother and sister. MerSPECIAL IMPROVEMENT DISTRICT NO. 59 bondholders so to proceed shall not relieve said City or any of its lin Geary and Mrs. Ray (Fawn) BOND PAVING AND SIDEWALK CURB GUTTER, McCandless, all of Huntington. of officials any liability for failure to perform any such duty. SERIES JANUARY 1, 1961 Burial was in the Huntington Section 10. That all ordinances or resolutions, or parts thereof, $1,000 00 direction of $ 407.34 in conflict with the provisions of this Ordinance are hereby repealed. cemetery under the Home of CasFuneral Fausett the of Utah, for This repealer shall not be construed to revive any ordinance, nor tle Dale. City of Price, in the County of Carbon and State heretofore or repealed. thereof, resolution, part value received, hereby promises, out of a special fund available for Section 11. After the bonds aforesaid are issued, this Ordinance JULIE ANN MCINTIRE the purpose hereinafter set forth, to pay to bearer hereof the princiand the ordinance levying the special tax to defray the cost of said pal sum of Funeral services were conductONE THOUSAND DOLLARS improvements and to pay said bonds and the interest thereon shall ed Thursday at Baton Rouge, bonds said interest and the DOLLARS be ur.til and remain the AND 34100 SEVEN irrepealable FOUR HUNDRED for Julie Ann Mclntire, Louisiana, acin and been satisfied discharged fully paid, thereon at the thereon shall have , with interest on the 1st day of January, 19 of Grant and daughter terms and tenor thereof. per annum, payable annually on the cordance with the former rate of five per centum Ruth Mclntire, England beSection 12. That if any section, paragraph, clause or provision Price residents. The child died 1st day of January in each year, both principal and interest United States of America at of this Ordinance shall for any reason be held to be invalid or unen- Wednesday at the family home ing payable in lawful money of the of the Treasurer office City of Price in Carbon Coun- forceable, the invalidity or uncnforceabiLty of such section, para- 'following a lingering illness. Surof the City the of this Bond and of the graph, clause or provision shall not affect any of the remaining and surrender ty, Utah, upon presentation viving are her parents; brother provisions of this Ordinance. land sister, James and JoEllen; annexed coupons as they severally become due. Section 13. That in the opinion of the City Council of the City grandparents, Mrs. Zelme Mcln- Curb, Gutter, SideThis Bond is one of a series of eight-eiginboth of Price one it is necessary to the peace, health and safety of said City tire. Salt Lake City: Mr. and Mrs. from numbered to Binds, ami walk Paving and like this are of date Ordinance shall take effect immediately upon its passage, 'Joseph England, Tooele. Gravewhich that all of of Price, clusive, issued by the City and publication, and that an emergency is hereby declared. side services to the of $87,407.34, amount conducted Sun-- ! total pay the and approval aggregate designation nance shall be this Ord, after within SpeThat its signed and sidewalk adoption, immediately Price the improvemmts at paving city cemetery day costs of curb, gutter, by the Mayor and City Recorder and shall be recorded in a book under the direction of the Mitchell cial Improvement District No. 59 of said City. in one issue of The Funeral Home. Payment of this Bond and the interest thereon shall be made kept for that purpose and shall be published Funeral services were conducted yesterday (Wednesday) at 1 p.m. in the Helper civic auditorium under the direction of the Reverend William Corlett of the Price Community Methodist Church for Richard J. Vaughan, 79, Helper, prominent civic worker and retired railroad official. Mr. Vaughan died Sunday at 12:25 a.m. at his home in Helper following a lingering illness. He was a member of the Free and Accepted Masons and at the time of his death was secretary emeritus of Carbon Lodge No. 16, Price. He was a member of the Helper Kiwanis Club and had been a member of the international organization for 39 years and served as governor of the o district in 1933. Mr. Vaughan served as superintendent of the Utah Railway Company from March, 1921, to January 7, 1947, when he retired. He was born January 7, 1882, in Wilkes - Barre, Pennsylvania, a son of David and Ann Hughes Vaughan. He married Emma Fran-coUtah-Idah- m December 24, 1906. Surviving are his widow, sons and daughter: David S. Vaughan, Fort Worth, Texas; Richard C. San Jose, California; Robert J. Vaughan, Menlo Park, Vaughan, William Mrs. and California, (Elinor) Blackham, Long Beach, California; five grandchildren, six a sister, Mrs. Margaret Whitaker, Green River, Wyoming, and a brother, Gwillym n; Boise, Idaho. Graveside services at the Helper Mountain View cemetery were conducted under the direction of Carbon Lodge, F&AM. Burial was under the direction of the Mitchell Funeral Home. C. Vaughan, Shop this w'eeks Classified Ads. Attention IRRIGATION FARMERS AND RANCHERS Nows the Time io io newly-complet- io w-a-s (5) to purchase a good Pumpwell Farm in the Beautiful Snake River Valley Pump Well MIRACLE AREA ACRE only 10 miles west of Blackfoot, Idaho These are proven farms with deep well electric pumps. Many farms have good buildings, while 'some of the newer farms need buildings. 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