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Show ORDINANCE NO 82-1 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLLS AND LEVYING A TAX PROVIDING FOR THE ASSESSMENT OF PROPERTY IN VERNAL VER-NAL CITY, UTAH SPECIAL IMPROVEMENT IM-PROVEMENT DISTRICT NO. 79-1 , FOR THE PURPOSE OF PAYING THE COSTS OF CONSTRUCTING IMPROVEMENTS IM-PROVEMENTS ON CERTAIN STREETS WITHIN SAID MUNICIPALITY CONSISTING OF THE CONSTRUCTION OF CURB & GUTTER. DRIVE STRIPS AND SIDEWALKS, THE REPLACEMENT AND INSTALLATION OF WATER AND SEWER PIPE LINES, FIRE HYDRANTS AND OTHER RELATED FIRE PROTECTION IMPROVEMENTS, THE INSTALLATION OF STREET LIGHTING AND VARIOUS BEAUTIFICATION IMPROVEMENTS, THE REMOVAL OF NONCONFORMING NON-CONFORMING STRUCTURES. AND THE COMPLETION OF ANY OTHER MISCELLANEOUS WORK. NECESSARY TO COMPLETE THE IMPROVEMENTS IM-PROVEMENTS IN A PROPER AND WORKMANLIKE WORK-MANLIKE MANNER; REAFFIRMING THE ESTABLISHMENT OF A SPECIAL I M -PROVEMENT GUARANTEE FUND; AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF VERNAL CITY. UINTAH COUNTY', UTAH: Section 1. The City Council of Vernal City, Utah, hereby confirms the assessment roll as corrected and adjusted by the Board of Equalization and Review for Vernal City, Utah Special Improvement District No. 79-1, and hereby confirms the findings of the Board of Equalization and Review that the proposed list of assessments as equalized by the Board of Equalization and Review for said Special Improvement Im-provement District is just and equitable; that each piece of property within said Special Improvement Im-provement District will be benefited in an amount not less than the assessment to be levied against said property; and that no piece of property listed in the assessment list will bear more than its proportionate propor-tionate share of the cost of such improvements. Section 2. The City Council of Vernal City, Utah, does hereby levy a tax to be assessed upon the real property described in the assessment list for Special Improvement District No. 79-1. The assessments levied upon each block, lot, part of Mock or lot, tract or parcel of property therein iescribed shall be in the unount set forth in the Jssessment list, which is lereby incorporated by eference and made a Mrt of this ordinance. The property to be issessed in accordance vith the assessment list or Vernal City, Utah special Improvement District No. 79-1, is unded by the following ines as defined in the ernal Street Numbering System. In portions of the nunicipality where the lesignated streets do not stist, the line constitutes in extension of the treet as if it did exist: On the north by the line rf 50 North; on the east by he line of 875 East; on the uth by the line of 50 iouth; on the west by the ine of 900 West. The assessments ereby levied are for the urpose of paying the osts of constructing mprovements on certain treets within said nunicipality consisting of he construction of curb nd gutter, drive strips and sidewalks, the replacement and Installation In-stallation of water and sewer pipe lines, fire hydrants and other related fire protection Improvements, the Installation In-stallation of street lighting and various beautlf icatlon Improvements, Im-provements, the removal of non-conforming structures, and the completion of any other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner. Said Improvements Im-provements are more particularly described In the assessment list for said Special Improvement Im-provement District which list has been incorporated by reference and made a part of this ordinance. Said assessments are hereby levied and assessed upon each of the blocks. lots, parts of block and lots, tracts or parcels of real property described in the assessment list according to the extent that they front or abut on or are adjacent to the streets mentioned in said assessment list and are specially benefited by the improvements thereon. Said assessments are levied upon the land and lots in said Special Improvement Im-provement District which abut or are adjacent (one lot only in subdivided areas) to the' street or streets which have been improved in said District, and at equal and uniform rates. An allowance on said assessments has been made for comer lots so that they are not assessed at full rate on both streets. The total cost of the improvements in Vernal City, Utah Special Improvement Im-provement District No. 79-1 is $554,453.82. of which total cost, the City's portion is $223,364.94. The City's portion for said Special Improvement District includes that part of the overhead costs for which an assessment cannot be levied, if any, and the cost of making improvements for the benefit of property against which an assessment may not be levied, if any. The balance to be assessed to the owners of property effected or benefitted by the improvements in Special Improvement District No. 79-1 is $321,088.88, which is the total amount of the assessment hereby levied for said District and which does not exceed in the aggregate the sum of: (a) the total contract price for the improvements im-provements under contract con-tract duly let to the lowest and best responsible bidders therefore; (b) the reasonable cost of utility services, maintenance, labor, materials, or equipment, if any; (c) the property price, if any; (d) the interest on any interim warrants issued against the District; and (e) overhead costs not to exceed fifteen percent (15 percent) of the sum of a (a), (b), and (c). The total assessment for said Special Improvement District No. 79-1 is levied in the following rates: Improvement, curb and gutter; cost, $5.51 per front foot. Sidewalk. $2.66 per square foot; Concrete drive strips, $11.29 per front foot; sewer lines, $7.60 per front foot, beautification, $23.60 per front foot and street lighting, $2.17 per front foot. Section 3. The assessment list was made by the City Recorder for the property in Vernal City, Utah Special Improvement Im-provement District No. 79-1 as corrected, approved, ap-proved, equalized and completed by the Board of Equalization and Review, is hereby confirmed con-firmed and the assessments made and returned in said completed com-pleted list and the report, recommendation and decision of the Board of Equalization and Review to the City Council of Vernal City, Utah, are hereby ratified, approved and confirmed. Section 4. This tax is levied and assessed by equal and uniform rates on such property. Land and lots which abut upon the streets Identified In the notice of Intention, or are adjacent thereto shall be assessed to a depth of twelve (12) rods back from the property line of the streets or streets upon which they abut or to which they are adjacent (one lot only in subdivided sub-divided areas). Section 5. The whole or any part of the assessments for said Special Improvement District may be paid without interest within fifteen (15) days after this ordinance becomes effective. ef-fective. Any part of the assessment not paid within such fifteen (15) day period may be payable over a period not to exceed ten (10) years from the effective date of this ordinance In ten (10) substantially equal annual an-nual installments with Interest on the unpaid balance of the assessment at the rate of nine percent (9 percent) per annum from the effective ef-fective date of this ordinance or-dinance until due, provided, however, that the interest rate on assessments shall be adjusted to the net effective ef-fective rate of the assessment bonds to be issued as of the date of said bonds. Interest shall be paid in addition to the amount of each such installment annually at the time each installment becomes due. After said fifteen ( 15) day period, all unpaid installments of an assessment levied against any piece of property (but only in their entirety) may be paid prior to the dates on which they become due, but any such prepayment must include a additional amount of the interest which would accrue on the assessment to the next succeeding date on which interest is payable on any Special Improvement Im-provement Bonds issued in anticipation of the collection of the assessments plus such additional amount as, In the opinion of the City Treasurer, is necessary to assure the availability of money to pay interest on the Special Improvement Im-provement Bonds as interest becomes due and any premiums which may become payable on redeemable bonds which may be called in order to utilize the assessments thus paid in advance. Default in the payment of any installment of principal or interest when due shall cause the whole of the unpaid principal and interest to become due and payable immediately, im-mediately, and the whole amount of the unpaid principal shall thereafter draw interest at the rate of eighteen percent (18 percent) 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 eighteen percent (18 percent) per annum to the date of payment on the delinquent installments, in-stallments, and all approved ap-proved costs, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. Section 6. The City Council of Vernal City, Utah, does hereby reaffirm the creation of a Special Improvement Guarantee Fund and shall at the time of each annual appropriation ordinance, so long as any Special Improvement District bonds of Vernal City remain outstanding, transfer to said fund each year such amount as a tax levy of one mill will produce, either through a levy of a tax of not to exceed one mill in any one year or by the issuance of general obligation bonds or by appropriation from other available sources, for the purpose of guaranteeing to the extent of such funds the payment of Special Improvement bonds and interest thereon issued against the local improvement im-provement district for the payment of local improvements im-provements therein, all in the manner and to the extent provided by the laws of the State of Utah. Section 7. The officials of Venial City, Utah, are liereby authorized and directed to take all action necessary and appropriate ap-propriate to effectuate the provisions of this ordinance. Section 8. All ordinances or-dinances or parts thereof In conflict with this ordinance or-dinance are hereby repealed. Section 9. An emergency Is hereby declared, the preservation preser-vation of peace, health and safety of Vernal City and the Inhabitants thereof so requiring, Immediately after Its adoption, this ordinance shall be signed by the Mayor ami City Recorder and shall be recorded in the ordinance book kept for that purpose. Said ordinance shall be published once in the Vernal Express, a newspaper published and having general circulation cir-culation in Vernal City, Utah, and shall take effect immediately upon Its passage and approval and publication as required by law. Section 10. The City Recorder is hereby authorized and directed to file a copy of the assessment ordinance within five (5) days from the date thereof in the Uintah County Recorder's Recor-der's office. If the assessment ordinance Incorporates the assessment list by reference, the City Recorder is further directed to file a copy of the final statement list with the Uintah County Recorder. PASSED AND APPROVED AP-PROVED BY THE CITY COUNCIL OK VERNAL CITY, UTAH, this Cth day of January, 11)82. SAMUEL SNYDER, Mayor KENNETH L. BASSETT, City Recorder Published in the Vernal Express Jan. 7, 1.)82 |