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Show - " LEGAL NOTICE )) LEGAL NOTICE rV ORDINANCE NO. 71-1 AN ORDINANCE APPROVING AP-PROVING THE FINDINGS OF THE BOARD OF EQUALIZATION AND REVIEW AND CONFIRMING CONFIRM-ING THE ASSESSMENT LIST FOR SPECIAL IMPROVEMENT IM-PROVEMENT DISTRICT NO. 3 IN THE CITY OF MOAB, UTAH; ASSESSING ASSESS-ING THE COST OF THE CONSTRUCTION AND IN-SALLATION IN-SALLATION OF THE IMPROVEMENTS AGAINST AG-AINST THE LOTS AND PROPERTY WITHIN THE DISTRICT; PRESCRIBING PRESCRIB-ING THE METHOD AND MANNER FOR COLLECTION COLLEC-TION AND PAYMENT OF SAID ASSESSMENTS: PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. EMER-GENCY. WHEREAS, by Ordinance Ordin-ance No. 8-70, passed and adopted on the 1st day of September, 1970, the City Council of the City of Moab, Mo-ab, Utah, has created Special Spe-cial Improvement District No. 3 in said City, for the purpose of constructing and installing street paving, pav-ing, curb and gutter and drainage improvements on certain streets and avenues ave-nues therein; and .WHEREAS, by a Reso lution passed and adopted by the City Council on the 2nd day of February, 1971, three members of the City Council were appointed ap-pointed as members of a board of equalization and review, for the purpose of hearing and considering any protests and objections objec-tions concerning the assessment as-sessment list for Special Improvement District No. 3 ; and WHEREAS, notice of the public hearing on the assessment as-sessment list of the District Dis-trict was published one time not less than twenty nor more than thirty five days prior to the date of hearing, as required bylaw, by-law, and in addition, a copy co-py of the notice was mailed, mail-ed, postage prepaid to each owner of property at his or her last, known address ad-dress and also addressed to "owner" at the street number- of the property to be assessed ; and . WHEREAS, beginning on Wednesday, February 24. 1971, a public hearing was held . on the assessment list, at which time the board of equalization and review heard arguments from those who had filed a protest or objection; and WHEREAS, the board of equalization and review re-view has considered all facts and arguments presented, pre-sented, and has reported to the City Council its findings, which findings are now on file with the City Council ; and WHEREAS, it is now necessary for the City Council to approve such findings and to assess the cost of the improvements against the property included in-cluded within the district, and specially benefited by the improvements to be constructed and installed: THEREFORE, BE IT ORDAINED BY THE CITY CI-TY COUNCIL OF THE CITY OF MOAB ,UTAII: Section 1. That the board of equalization and review has reported to the City Council its findings that each piece of property within the Special Improvement Im-provement District No. 3 will be benefited in an amount am-ount not less than the assessment as-sessment proposed to be levied against such property pro-perty and that no piece of property listed on the assessment as-sessment will bear more than its proportionate share of the cost of the improvement. The City Council has determined that the findings of th-2 board of equalization and review should be, and the same are, hereby approved. approv-ed. Section 2. That the apportionment ap-portionment of said &&-sessments &&-sessments as reported by the board of equalization and review and as approved approv-ed by the City Council is hereby declared to be in accordance with the benefits ben-efits which the nroprety in the District will receive by reason of the construction construc-tion of the improvements, and that said assessments are hereby assessed to and upon each lot and parcel of land within the District according to the corrected assessment list. The corrected cor-rected assessment list is hereby incorporated herein here-in by reference. Section 3. The whole or any part of the assess, ment may be paid without interest within fifteen (15) days after this assessment ordinance becomes effective. effec-tive. If the assessment is paid in part, the unpaid balance shall be payable in substantially equal installments in-stallments as provided for here'.n. If not paid in full, th amount of the assessment shall be payable in ten equal annual installments.. The first of such install-" ments of assessments shall be due and payable on May 1, 1972 and the remainder re-mainder of such installments install-ments shall be due and payable on the same dat'.i each year thereafter until the same are paid in full. The City Council hereby finds and determines that such improvements have a reasonable useful life for the period during which the installments are payable. pay-able. Interest on the unpaid balance of the assessment from time to time shall bear interest at the rate of 6'2 per cent per annum from the effective date of this ordinance. Interest shall be paid annually in addition to the amount of each installment of assessment, as-sessment, at the time - of payment of such installment. install-ment. After such fifteen day period, all unpaid installments install-ments of assessments may be paid prior to the dates on which they become due, but any such prepayment shall include interest to the next installment due date. Section 4. When an assessment as-sessment is payable in installments, default in the payment of any installment in-stallment of principal or interest when due shall cause the whole of the unpaid un-paid principal and interest inter-est to become due and payable pay-able immediately and the paid principal shall thereafter there-after draw interest at a rate of ten per cent per annum until paid, but at any time prior to the date of sale or foreclosure, the owner may pay the amount of all unpaid installments past due, with interest at the rate of ten per cent per annum to date of pay ment on the delinquent installments in-stallments and all approved approv-ed costs, and shall thereupon there-upon be restored to tha right thereafter to pay in installments in the same manner as if default had not occurred. Section 5. In case of any deficiencies, omissions, errors or mistakes in making mak-ing any assessmtnt or levy in respect to the total cost of the improvements or in respect to any tract, lot, block or parcel in the special improvement district dis-trict which has not been fully assessed or which has been assessed in an incorrect amount, the City Council may make a supplemental sup-plemental assessment and levy to supply such deficiencies, defic-iencies, omissions, errors, or mistakes after the holding hold-ing of a hearing as required re-quired by statute. Section 6. The assessment, assess-ment, any interest accruing accru-ing on the assessment, and the cost of collection of the assessment shall constitute a lien on and against the property upon which the assessment is is levied on the effective date of the ordinance levying le-vying the assessment, which lien shall be superior to the lein on any trust deed, mortgage, mechanics, mech-anics, or materialman's lien, or other encumbrance encum-brance and shall be equal to and on a parity with the lien for general property prop-erty taxes. Such lien shall continue until the assessment assess-ment and any interest on the assessment is paid notwithstanding any sale of the property for or on account of a general property pro-perty tax, special tax, other oth-er assessment or tht! issuance is-suance of an auditor's deed. Section 7. All money paid into the treasury ot the City in payment of the assessment and interest inter-est thereon shall be deemed deem-ed to be part of and constitute con-stitute a fund for thfc payment pay-ment of the costs and expense ex-pense of making such local lo-cal improvements, for the payment of interim warrants war-rants and special improvement im-provement bonds with interest in-terest thereon issued against ag-ainst the special improvement improve-ment district created to make the improvements, and for no other purposes. The fund so created shall be held in the custody of the Treasurer of the O'y kept intact and separate from all other funds and moneys of the City and shall be paid out only for the purposes specified in this section and as provided pro-vided by law. Section 8. Any person who may feel aggrieved by an assessment or proceeding pro-ceeding and who has filed a protest or objection shall have the right to commence com-mence a civil action against ag-ainst the City to enjoin the levy or collection of the assessment. Any sun action must be commenced not later than thirty days after the effective date oi this Ordinance. f-t.J.. Cl T.. n n r. rtf oecLiun j. J-y jcaouu the fact that the construction construc-tion and installation of the improvements has bien commenced, and that it is necessary to levy assessments assess-ments against the property proper-ty included witlrn tne district for the payment of costs of the construction and for the payment of the principal of and inti r-est r-est on bonds to be issued, and for the immediate preservation of the public peace, health and safety, it is hereby ' declared that an emergency exists and that this Ordinance shMl become effective on the date of publication of the ordinance. Section 10. All ordinances, ordin-ances, or parts thereof in conflict herewith are her-;-by repealed. This Ordinance, Ordin-ance, after its final pan-sage, pan-sage, shall be recorded in a book kept for that purpose, pur-pose, shall be authenti cated by the signatures of the Mayor and City Recorder, Re-corder, and shall be published pub-lished in a newspaper published pub-lished in the City of Moab'. Mo-ab'. Section 11. That if anyone any-one or more sections or parts of this q . shall be adjudJ: L fcrceable or imiJ LN judgment shall J -impair or Invalid--remaining provi f , this Ordinance, "t U a the intention that r- ions provisions i,et )13 severable. ' ,fSf ADOPTED at lel PROVED THIS - D2 of March. 1971. ' (SEAL) "Jli " sWINFORD B- ATTEST: ' Co$ sLELAND STOCi :fpt City Recorder , i'"1'' Published in The- 1 P Independent, Moak 1 Tl"j March 25, 1971 ' L ,dvai |