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Show CITY ORDINANCE An Ordinance creating a special improvement District to be known as Sewer and Drainage Improvement Improve-ment District No. 5, LEVYING A TAX TO PAY THE COST OF SAID IMPROVEMENT ASSESSING ASSESS-ING THE PROPERTY IN SAID DISTRICT TO PAY SAID TAX AND PROVIDING FOR THE PAYMENT OF THE TAX IN INSTALLMENTS, IN-STALLMENTS, FLXING THE RATE OF INTEREST ON INSTALLMENT IN-STALLMENT PAYMENTS, SETTING SET-TING A DELINQUENT DATE FOR PAYMENT OF INSTALLMENTS INSTALL-MENTS AND PROVIDING THAT PROPERTY ON WHICH SAID TAX IS DELINQUENT MAY BE SOLD. WHEREAS, Notice to create Sewer and Drainage Improvement District No. 5 was duly given by the St. George City Council in the manner and for the time required said City, which notice stated the purpose for which the tax was to be levied, the boundaries of the District to be effected or benefited by the improvements with the estimated cost as determined by the City Engineer and . specified a time within which protests against the making of said improvements im-provements could be made, which notice was published as required by Law for twenty days prior to the time set for hearing of said protests, and WHEREAS, written objections to the making of such improvements improve-ments and the levying of said 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 as required by Law, and WHEREAS, after the time set for hearing said protest had passed, the city council by resolution resolu-tion duly adopted, ordered that the said improvements be made and in said resolution apportioned and assessed the cost of the improvements im-provements upon the property embraced em-braced within the District specified speci-fied in said notice, said apportionment apportion-ment being as hereinafter set out, and WHEREAS, the City Council appointed a Board of Equalization and Review consisting of three of its members, which Board on the completion of the lists of the property in said Improvement District gave public notice of the completion of such lists in the time and manner provided by Ordinance Or-dinance and held public hearings during regular business hours for at least three consecutive days and made its report as to any changes and corrections in said list, the corrected list and the assessment was confirmed by order of City Council, and WHEREAS, contracts relating to said improvement, and the part thereof to be done by the City has been let and complied with as provided by Law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ST. GEORGE CITY, UTAH: Section 1. DISTRICT CREATED. CREAT-ED. That all , the lots, blocks, part of blocks, and land lying and being within the following described describ-ed boundaries as platted on the official map of St. George City, which belong to and constitute Special Improvement Sewer and Drainage District No. 5, of St. George City,' Utah, which District is hereby created, defined and established, as follows: The West half of Block 6, 8, 19, 22, 33, 37, 46; all of Blocks 7, 20, 47; fractional Blocks, 1 and 7; the East half of Blocks 21, 34, 36, 42, 45 and Lots 1 and 8 in Block 48, the North half of Lot 5, all of Lot 6. Block 45; the East half of Lot 1, Block 51, all in Plat A, St. George City Survey; Lots 4, 5, 6, Block 12, Plat D; and fractional Block 2, Plat D, St. George City Survey; and Lots 4 and 5, Block 14, . Plat C, St. George City Survey. Section 2. NATURE OF IMPROVEMENTS. IM-PROVEMENTS. That the nature of the improvements to be undertaken under-taken in said District as were set out in said Notice of Intention and said resolution to proceed and to furnish construction and install the Sewer and Drainage system in and along and bordering the Blocks, Lots, and parts thereof specifically referred to and described de-scribed herein. Section 3. LEVY OF TAX. That a tax be and is hereby levied to meet part of the expense of said improvement, which said partial expense is estimated at 8379.55 Dollars, and in addition not to exceed 10rr for engineering, engineer-ing, except overhead and incidental inci-dental expense, and interest on the warrant issued in connection with the construction of said District, Dis-trict, and the property in said District is assessed to pay said tax as hereinafter provided, which said tax and the assessment thereof there-of shall be and is hereby levied on the said property in said Districts, Dis-tricts, as follows: On each and every lot, block or portion of a lot or block herein described in this ordinance as embracing said sewer district No. 5 shall be and is hereby assessed S0.17 per front foot of frontage and $0.34 per square rod of area, except that on corner lots 66 feet of frontage is to be exempt on I the East and West frontage. ' Section 4. EQUAL BENEFITS ADJUDGED. It is hereby determined, deter-mined, adjudged and established that the property in each of the lots, blocks or portions thereof, described and set out as part of said District will be benefited to the extent of the respective tax thereon and benefits are equal and uniform for each Lot, Block, or part thereof in proportion to the tax levied and assessed and are fair, just and equitable and the City Recorder is hereby authorized and directed to list and assess the property as by Ordinance Ordin-ance provided. Section 5. WHEN TAX PAYABLE. PAY-ABLE. All taxes levied and assessed under and by virtue of this ordin-1 ance are hereby made payable in five installments, to-wit: The first installment shall be twenty per cent of the whole amount assessed and shall be due and payable on the 1st day of June, 1940. Any or all of the said first installment of said tax and assessment remaining unpaid on the 15th day of June, 1940, at 5 o'clock P.M., shall be deemed delinquent de-linquent and proceedings with reference thereto shall be as provided pro-vided by ordinance. The remainder of the said assessment consisting of eighty in four annual installments consisting con-sisting of twenty per cent of the total assessment, each. The first of said four installments to 1 be due and payable on the 1st day of June, 1941 and to be delinquent on the 15th day of June, 1941 at 5 o'clock P.M. and the remaining three installments shall bear interest in-terest at the rate of 5V2 per annum and the entire accrued interest in-terest on all deferred payments shall be payable at the time any installment becomes due. Said interest in-terest to begin and to be computed com-puted from the 1st day of June, 1940. One or more of the above installments in-stallments in the order payable on the whole tax may be paid without with-out interest within fifteen days after the effective day of this ordinance.' One or more installments install-ments in the order in which they are payable or the whole special tax may be paid after said fifteen days and before the first installment install-ment becomes due by paying the same with interest from the effective effec-tive date of this ordinance to the 1st day of June, 1940. One or more of said installments in the order in which they are made payable or the whole special tax may be paid on the day any installment in-stallment becomes due and payable, pay-able, by paying the amount thereof there-of and interest to the date of payment. Default in the payment of any installment of principal or interest when due shall cause the whole amount of the unpaid principal prin-cipal or interest to become due and payable immediately and the whole amount of the unpaid principal prin-cipal shall thereafter draw interest in-terest at the rate of 10 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 in-stallments passed due with interest in-terest at the rate of 10 per annum to date of payment on the delinquent installments and all accrued costs and shall thereupon be restored to the right thereafter there-after to pay installments in the same manner as if default had not occurred. In each case any such tax shall become or has become be-come delinquent and the property subject thereto has been or shall be sold to St. George City, therefore there-fore no redemption of such property shall be permitted except upon payment of the full amount due, interest and costs paid, by said City and accrued costs and redemption first, unless in a judgment of the City Council of said City the interest of the said City will be subserved by ac-ception ac-ception of a less sum in settlement settle-ment thereof. Section 6. EFFECT. That in the opinion of the City Council of St. George City, it is necessary to the peace, health and safety of said city that this ordinance shall take effect immediately, therefore, this ordinance shall take effect upon its passage, approval ap-proval and publication. Adopted by the City Council of St. George City, and approved by mayor of said city this 4th day of May, 1940. D. C. WATSON, Mayor. ATTEST: H. R. BENTLEY, City Recorder. (SEAL) State of Utah County of Washington, I. H. R. Bentley, St. George City Recorder, hereby certify that the foregoing is a true and correct copy of the original now on file in mv office. H. R. BENTLEY, City Recorder. (SEAL) |