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Show Legal Department . . . CITV ORDINANCE AN' ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT BONDS TO DEFRAY PART OF THE COST OF SPECIAL IMPROVEMENTS IM-PROVEMENTS IN SEWER AND DRAINAGE DISTRICT NO. 3, PROVIDING FOR A SPECIAL TAX FUND AND FIXING THE TIME SUCH ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, Sewer and Drainage District No. 3, has been duly created creat-ed as required by law and the St. George City Council on April 3, 1937, duly passed an ordinance levying a tax on the property in said district, as in said ordinance provided, which tax is payable five yearly installments, commencing commenc-ing May 1, 1937, and WHEREAS, St. George City has issued interim warrants to pay for the cost of said improvement, and desires to take up and pay said warrants by issuing special improvement im-provement bonds in payment therfor, and WHEREAS, it has been duly determined de-termined that $3100.00 will be needed from the sale of said bonds for the purposes aforesaid, NOW, THEREFORE, be it and it is herby ordained by the City Council of St. George City, Utah, as follows: SECTION 1. That for the pur-nn pur-nn nf rlrf ravine Dart of the cost of a sewer and drainage system in Sewer and Drainage District No. 3, St. George city does hereby issue special improvement bonds in the aggregate principal amount of $3100.00 to be numbered consecutively con-secutively from one to eight, inclusive, inclu-sive, seven of said bonds, numbered from one to seven, inclusive, to be of the denomination of $400.00 each, and one of said bonds, numbered num-bered eight, to be of the denomination denomina-tion of $300, said bonds to mature serially on June 15th of each year in the years 1938 to 1941, inclusive, as follows: Denomi- Year Bond No. nation Total 1938 1 $400 2 400 $800 1939 ,3 400 4 400 800 1940 5 400 6 400 800 1941 '7 400 8 300 700 Said bonds shall be of a different color than the general obligation and waterworks improvement revenue bonds now issued by St. George City, and shall be payable in any coin or currency which on. the respective dates of payment thereof is legal tender for the payment pay-ment of public and private debts, shall bear interest from and after the 15th. day of June, 1937, A. D., at the rate of four per centum (in,'c) per annum, payable annually such interest shall be payable in like money on the 15th, day of June in each year commencing with the year 1938, and shall be evidenced by coupons attached to such bonds. Said special improvement bonds shall be payable solely out of the special tax fund provided for in this ordinance and the special improvement im-provement guaranty fund. Said special improvement bonds and the coupons attached thereto shall be payable at the office of the City Treasurer at St. George Citv Utah. Said bonds shall bear date of the 15th day of June, 1937, and shall have the corporate seal of said city affixed thereto, attested attest-ed by the City Recorder of said City. All coupons attached to said bonds shall bear the facsimile signature of the treasurer of said city: and. as thus authenticated, said coupons shall be binding obligations ob-ligations for the interest evidenced thereby. SECTION 2. Said special improvement im-provement bonds and the coupons attached thereto, and each of them, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF UTAH COUNTY OF WASHINGTON No $ ST. GEORGE CITY, UTAH, SPECIAL IMPROVEMENT BOND KNOW ALL MEN BY THESE PRESENTS: That St. George City, in the county of Washington, State of Utah, a municipal corporation duly organized and existing, for value received hereby promise, out of funds available for the purpose, as hereinafter set forth, to pay to bearer on the sum of (S ) dollars in any coin or currency which, on the respective dates of payment thereof is legal tender for the payment pay-ment of public and private debts, with interest at the rate of four per centum per annum, payable annually in like money on June 15th in each year, upon the presentation presen-tation and surrender of the interest inter-est coupons hereto attached, both principal and interest being payable pay-able at the office of the city treasurer, trea-surer, St. George City. Utah. This bond is one of a series of special improvement bonds, issued by St. George City in the aggre gate principal amount of $3100.00, and is drawn upon the city treasurer trea-surer against the special tax levied upon the property included in Sewer and Drainage District No. 3 of said City to pay part of the cost of a sewer and drainage system, sys-tem, done in said district under, by virtue of and in full conformity with the constitution and laws of the state of Utah, and also ordinances ordin-ances of said city duly passed and made a law thereof prior to the issuance hereof. A special tax fund and a special improvement guarantee fund has been created by said city as provided provid-ed in Articles 7 and 8, Title 15, Revised Statutes of Utah, 1933, and said city agrees that at all times during the life o f this bond and until payment thereof in full, said fund shall at all times be maintained. This bond is payable exclusively out of said special tax and the said special improvement guarantee fund, and neither said city nor any officer thereof is holden for the payment thereof otherwise. It is hereby certified, recited and declared that all acts, conditions and things essential to the validity of this bond exist, have happened and have been done in due time, form and manner as required by law, and that the total issue of bonds of said city for said district including this bond, does not exceed ex-ceed the taxes levied to cover the cost of said improvement and that all of said taxes have been lawfully levied. IN WITNESS WHEREOF, St. George City has caused this bond to be signed by its mayor, countersigned counter-signed by its treasurer and its corporate seal to be hereto affixed, attested by its City Recorder, and has also caused the annexed coupons cou-pons to be authenticated by the facisimile signature of said Treasurer Trea-surer and this bond to be dated as of the 15th day of June, A.D., 1937. Mayor (SEAL) Attest: City Recorder Countersigned City Treasurer (FORM OF COUPON) No $ On the 15th day of June, A.D., 19 , St. George City, a municipal munici-pal corporation, in the State of Utah, will pay, in the manner described de-scribed in the bond to which this coupon is attached to the bearer hereof, at the office of the city treasurer, JSt. George, Utah, the sum of $ in any coin or currency which on the date of payment hereof is legal tender for the payment of public or private pri-vate debts, being one year's interest inter-est on its special improvement bond No dated June 15, 1937, on Sewer and Drainage District Dis-trict No. 3, this coupon being payable pay-able exclusively from the funds described de-scribed in said bond. (FACSIMILE SIGNATURE) City Treasurer Bond No SECTION 4. T hat there is hereby created a special fund, to be known as "Special Tax Fund for Sewer and Drainage District No. 3" into which fund shall be paid all special tax levies or assessments, assess-ments, or interest thereon, collected collect-ed from Sewer and Drainage District Dis-trict No. 3. All money ' paid into said fund shall be deemed to be part of and constitute a fund for the payment of the bonds and the interest thereon herein authorized and for no other purpose. Said fund shall be in the custody of the city treasurer and shall be kept intact and separate from all other funds and moneys of the city and shall be paid out only for the purpose of paying the bonds and interest coupons cou-pons herein authorized. SECTION 5. The bonds herein authorized to be issued shall be executed by the Mayor, Recorder and Treasurer of St. George City as herein provided; and said officers of the city are hereby authorized and directed to deliver said bonds to the purchaser thereof there-of and to receive in payment therefor there-for the principal amount thereof plus accrued interest to the date of payment and to do any and all things which may be required by the purchaser and which may be necessary to'consumate the sale of such bonds. ' The proceeds from the sale of i such bonds shall be used solely for the purpose of taking up and paying pay-ing the interim warrants issued to pay for the cost of the improvements improve-ments herein specified. SECTION 6. This ordinance shall be and remain irrepealable until the interest on and principal of said special improvement bonds shall have been fully paid, satisfied and discharged as herein provided. SECTION 7. That it is hereby declared that sections, clauses, sentences and parts of this ordinance or-dinance are severable, are not matters mat-ters of mutual essential inducement, induce-ment, and any of them may be extended by any court exercising final jurisdiction in a cause, if the ordinance would otherwise be unconstitutional un-constitutional or ineffective; it is the intention hereof to comply in all respects with the constitution and statutes of Utah, and if any one or more sections, clauses sentences, sen-tences, and parts of this ordinance shall for any reason be questioned in any court, and shall "be adjudged unconstitutional or invalid, such judgement shall not affect, impair or invalidate the remaining provisions pro-visions thereof, but shall be confined con-fined in its operation to the speci-Ific speci-Ific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of an section, clause, sentence or pari of this ordinance in any one oi more instances shall not be taker to affect, or prejudice in any waj its applicability or vadility in anj other instance. SECTION 8. That in the opinior of the city council of St. George City it is necessary to the peace health and safety of said city thai this ordinance shall take effeel immediately, therefore, this ordinance ordin-ance shall take effect upon it: passage, approval and publication. Adopted by the City Council ol ; St. George City, and approved bj the mayor of this citv this 2nd daj of July, 1937. ; Attest: i H. R. Bentley Albert E. Millet i City Recorder ' Mavoi (SEAL) bor and money, Fifty Dollars for the Gymnasium, and to other causes with equal liberality. He feels amply repaid in this ; work in the accomplishments of his children child-ren all of whom received district school education in St. George, and all but one of them graduating from departments or courses in the Di-de College; his eldest daughter havin" gone elsewhere prior to the completion of this institution. Religiously he has served as block teacher, Seventy, and High Priest and has always maintained an enviable record as a full tithe payer. He was elected a member of the Board of Washington County Commissioners Com-missioners in 1922, and a year later was elected Mayor of the City of St George, serving in the double capacity until 1931, and continuing as chairman of the County Commissioners Com-missioners until 1934. When the Zion Mr. Carmel Tunnel Tun-nel was dedicated, July 4th, 1930, he was appointed by Governor George H. Dern to arrange the program for this very important event. This was done under great anxiety as his. wife was seriously ill at the time, and died just four days later. For a year after her death, his daughter, Mrs. Mae Pace and family resided at the old home with him until August 7th 1931 when he married lu5 otte E. Haris, of G& Whom he had met Informer In-former wife's passing T?'0' been associated in th where his first wife S ordinance worker for In 1936 he sold ft1 to County Superintend K E. Moody and moVed nti-new nti-new home built for tW 8 a half block north, home built by the A; secured in the transcation al purposes. un'orr.. Now at the age of 70 . better general health thl ' been for some Time, 3i enjoy many more year Dixie, "a place made flJ! heart since boyhood anrl .0-" the many years I have watching and taking nJ,fe' . upbuilding." At.thisM-Mrs. At.thisM-Mrs. Atkin are on Canada where thev win a M. D. Temple and other sif that Territory. During & has visited many places of ts including the World's F go, all of the Western v5" Parks and scenic centers -his years as a stock andsC" came to know familiarly air-surrounding air-surrounding ranges. 01 ' Our good wishes acccr-them acccr-them on this excursion. |