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Show CITY ORDINANCE AN ORDINANCE LEVYING A TAX TO PAY COST OF SPECIAL SPEC-IAL IMPROVEMENTS IN SEWER SEW-ER AND DRAINAGE DISTRICT NUMBER TWO, ASSESSING THE PROPERTY IN SAID DISTRICT TO PAY SAID TAX, PROVIDING PROVID-ING FOR THE PAYMENT OF SAID TAX IN INSTALLMENTS, FIXING THE RATE OF INTEREST INTER-EST ON INSTALLMENT PAYMENTS, PAY-MENTS, SETTING A DELINQUENT DELIN-QUENT DATE FOR PAYMENT OF INSTALLMENTS, AND PROVIDING PRO-VIDING THAT PROPERTY ON WHICH SAID TAX IS DELINQUENT DELIN-QUENT MAY BE SOLD. WHEREAS, notice to create Sewer and Drainage District Number Num-ber Two was duly given by the St. George City Council in the manner and for the time required by law and the ordinance of said city, which notice stated the purpose pur-pose for which the tax was to be levied, the boundaries of the district dis-trict to be affected or benefited by the improvements, and which described the improvements proposed pro-posed to be made, with the estimated esti-mated cost as determined by the city engineer, and specified a time within which protests against the making of said improvements could be made, which notice was published as provided by law for twenty days prior to the time set for hearing said protests, and WHEREAS, written objections to the making of such improvement improve-ment and the levy of such tax were not signed and filed by the owners of two-thirds of the frontage front-age or area of the property affected, af-fected, and WHEREAS, after the time set for hearing said protests had passed the St. George City Council, Coun-cil, by resolution duly adopted, ordered that the said improvements improve-ments be made, and in said resolution reso-lution apportioned and assessed the cost of the improvements, and upon the property embraced within with-in the district specified in said' notice, and said apportionment being as hereinafter set out, and WHEREAS, within ten days after the adoption of said resolution, reso-lution, as designated by the city council, the city recorder preceed-ed preceed-ed to list and assess the property in said district according to said apportionment, in the manner provided by ordinance, and WHEREAS, Sewer and Drainage Drain-age District Number Two was created and defined by an ordin-a ordin-a n c e duly passed by the St. George City, and approved by the Mayor on April 26, 1935 and AVHEREA6, the city council appointed ap-pointed a board of equalization and review consisting of three of its members, which board, upon the completion of the lists of the property in said improvement district, dis-trict, gave public notice of " the completion of such lists in the time and manner provided by ordinance and held public hearings hear-ings during regular business hours, for at least three consecutive consecu-tive days, and made its report as to any changes or corrections in said list, which corrected list and the assessment was confirmed by order of the city council, and whereas, contract to make said improvement has been let as provided pro-vided by law, and all things in proceedings necessary to the validity val-idity of this tax have been done and are hereby declared to have been done. NOW, THEREFORE, BE IT ORDAINED BY T H E CITY COUNCIL OF ST. GEORGE CITY, UTAH: Section 1 That all of the property prop-erty described in "An Ordinance Creating and Defining Sewer and Drainage District Number Two in the City of St. George, Utah" passed by the St. George City Council and approved by the Mayor May-or on April 6, 19 35, which property prop-erty is hereinafter described is the district on which the tax herein here-in provided for is levied. Section 2 That the nature of the improvements undertaken in said district were as set out in said notice of intention and said resolution to proceed, and consisted con-sisted of installing a sewer and drainage system in said Sewer and Drainage District Number Two. Section 3 That a tax be, and the same is hereby levied to meet part of the expense of said improvement im-provement which partial expense amounts to $10,310.26 DollarB and in addition not to exceed 10 engineering inspection, overhead and incidental expense. And the property in said district is assessed as-sessed to pay said tax as herein after provided, which tax, ana tne assessment thereof shall be and is hereby levied on the said property prop-erty in said district a- follows, to wit: A frontage tax of 17c per front foot, and an arf-a tax of 34c per square rod of area, subjoct to the following limitations, to wit: A deduction of fuur rods in the frontage tax running east and west shall be made Oi all corner lots where said comer lots abutt, the sewer and drainage line on two sides. Fractional Blocks 3 and 4, PJat A, being triangular .shaped, shall be exempted from a frontage tax on Diagonal street for a distance of 100 feet from each corner in addition to the 4 rod exemption for corner lots as set out herein, except that the said 4 rod exemption for corner lots shall not apply to corners abutting on diagonal street. The property on which said tax is levied is described as follows, to wit: The west half of Blocks 2, 12, and 15; Lots 1, 7, and S. Block 26; the north half of Block 29; the west half of Blocks 3, 11, 25, and 30; the east half of Block 4 and the north half Lots 5 and 6, Block 4; the northeast quarter of Block 30; all of Fractional blocks 3 and 4; all of Blocks 10, 17, 24, 31 and 39; the east half of Blocks 9, IS, 23, 32, 3S, and 40. All of the above being in Plat A, St. George City Survey. The north half of Lots 5 and 6, Block 17; the east half of Block IS, all in Plat C, St. George City Survey. Lots 1 and 2. Block 2; Block 4; S Lots 1 to 12, inclusive Block 11; all in Plat D, St. George City Survey. Section 4 Equal benefits adjudged. ad-judged. It is hereby determined, adjudged, and established that the property in said district will be benefited to the extent ofythe respective tax thereon, that such benefits are equal and uniform in proportion to the tax levied and assessed and are fair, just and equitable, and the Recorder is hereby authorized and directed to list and assess the property as by ordinance provided, and the City Treasurer is hereby authorized and directed to collect said tax as herein provided. Section 5 When Tax Payable. All taxes levied and assessed under un-der and by virtue of this ordinance ordin-ance are hereby made payable in five instalments, to wit: The first instalment shall be twenty per cent of the whole amount assessed and shall be due and payable on the 1st day of June, 1936. Any or all of the said first instalments of said tax and assessment remaining unpaid on the 15th day of June, 1936 at 5 o'clock p. m. shall be deemed delinquent, and proceedings with reference thereto shall be as provided pro-vided by ordinance. The remainder of the said assessment, as-sessment, consisting of eighty per cent thereof shall be payable in four equal annual instalments, consisting of twenty per cent of the total assessments, each, and the first of said four instalments to be due and payable June 1, 19-37, 19-37, and to be delinquent June 15, 1937, at 5 o'clock p.m., and the remaining three instalments to be due and payable June 1st of each year thereafter for three years, and to be delinquent on the 15th day of .June at 5 o'clock p. m. for each' of said years. All instalments, except the first, shall bear interest at the rate of 5 per annum, and the entire accrued interest on all deferred payments shall be payable at the time any instalment becomes due, said interest to begin and to be computed from June 1st., 1936. One or more of the above instalments in-stalments in the order payable, or the whole tax, may be paid without with-out interest within fifteen days after the effective days of this ordinance. One or more instalments instal-ments in the order in which they are payable, or the whole special tax, may be paid after said fifteen fif-teen days and before the first instalment in-stalment becomes due by paying the same with interest from the effective date of this ordinance to June 1, 1936. One or more of the said instalments in the order in which they are made payable, or the whole special tax, may be paid on the day any instalment becomes due by paying the amount thereof and interest to the date of payment. Default in the navment of any Instalment of principal or interest when due, shall cause the whole amount of the unpaid principal or 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 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 instalments past due, with interest at the rate of ten per cent per annum to date of payment on the delinquent instalments, in-stalments, and all accrued costs, and shall thereupon be restored to the right thereafter to pay in instalments in the same manner as II reiauii riao not ucuueu. m case any such tax shall become or has become delinquent and the property subject thereto has been or shall be sold to Vt. George City therefore no redemption of such property shall b- permitted except upon payment of the full amount due, interest and taxes paid by said city enii accrued costs and redemption f"?, unless in the judgment of the city council of aid city the interest of the city will be subseTed by accepting a IfrSs sum in settlement therefore. Section 6 Effect. That in the opiniin of the city council of .St. George City it is necessary to the pe-.i e, health and ba.'ety or said city that this ordinance shall take effect immediately, therefore, thiK ordinance shall take effect upon its passage, approval and publication. publi-cation. Adopu-d hy the City Council of St. George City, and approved by the Mayor of this city thi 4th day of April, 1936. Attest: ALBERT E. MILLER, (SEAL) Mayor H. it. BENTLBY City Recorder |