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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. 6, 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 INSTALMENTS, FIXING THE RATE OF INTEREST ON INSTALMENT IN-STALMENT PAYMENTS, SETTING SET-TING A DELINQUENT DATE FOR PAYMENT OF INSTALMENTS INSTAL-MENTS AND PROVIDING THAT PROPERTY ON WHICH SAID TAX IS DELINQUENT MAY BE SOLD. WHEREAS, Notice to create Sewer and Drainage Improvement District No. 6, was duly given by the St. George City Council in the manner and for the time re quired by law and the Ordinances of 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 de-termined 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 required re-quired 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, pas-sed, the City Council by resolution resolu-tion duly adopted, ordered that the said improvements be made and in said resolution opportioned 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 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 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. CRE-ATED. That all the lots, blocks, part of blocks, and land lying and being within the following described des-cribed boundaries as platted on the official map of St. George City, which belong to and constitute con-stitute Special Improvement Sewer and Drainage District No. 6, of St. George City, Utah, which District Dis-trict is hereby created, defined and established as follows: Lots 4 and 5, Block 7; the E2 of Lot 1 and Lots 7 and 8, and the E of Lot 6, Block 8; Lots 1, 8, 7 and 6 and the NV2 of Lot 5, Block 11; Lot 6, Block 10; the W of Lots 2 and 5, and Lots 3 and 4, Block 12; Lots 4 and 5, Block 25; Lots 1, 6, 7, and 8, and the EVa of Lots 2, 3, 4, and 5, Block 28; all of Block 29; the WMs of Lots 2 and 5, and Lots 3 and 4 of Block 30; Lots 4 and 5, Block 43; all of Block 44; Lots 1, 2, 3, 6, 7, and 8, Block 45; Lot 1 and the Ey2 of Lots 2, 3, 4, and 5, Block 46; Lots 1, 2, 3, and 8 and the Sy2 of Lot 4, Block 47; Lots 3 and 4 and the wy2 of Lots 2 and 5, Block 48; Lots 5 and 6, Block 60; the Ny2 of Lot 8 and Lots 4, 5, 6, and 7, Block 61; the E of Lot 1 and Lots 8, 7, and 6, Block 62; the N of Lot 3 and the S of Lot 6, Block 63; the E of Lots 3, 4, and 5, and all of Lot 6, Block 64; the N of Lot 5 and Lots 6, 7, 8, 1, and 2 of Block 65; all of Lots 1, 2, 3, and 4, and the W of Lots 5 and 8, Block 66; the Sy2 of Lots 1 and 4, and Lots 2 and 3, Block 67; Lots 1, 2, and 3 and the W of Lot 8, Block 80; Lots 1, 2, 3, and 5 of Block 81; All in Plat B. St. George City Survey. Lots 7 and the E of Lot 6, Block 28, in Plat A, 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 Inten-tion and said resolution to proceed pro-ceed and to furnish construction and install the Sewer and Drainage Drain-age System in and along and bordering the Blocks, Lots, and parts thereof specifically referred to and described 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 ex-pense is estimated at Sixteen Thousand Thou-sand Dollars, and in addition not to exceed 10 for engineering, except ex-cept overhead and incidental expense, ex-pense, and interest on the warrant war-rant issued in connection with the construction of said District, and the property in said District is assessed to pay said tax as hereinafter provided, which said tax and assessment thereof shall be and is hereby levied on the said property in said Districts, as follows: On each and every lot, block or portion of a lot or block herein described in this ordinance as embracing em-bracing said Sewer District No. 6, shall be and is hereby assessed, $.17 per front foot of frontage and $.34 per square rod of area, except that on comer lots 66 feet of frontage is to be exempt on the East and West frontage. Section 4. EQUAL BENEFITS ADJUDGED. It is hereby determined, de-termined, adjudged and established that the property in each of the lots, block or portions thereof, described and set out as part of said District will be benefitted bene-fitted to the extent of the respective res-pective 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 provided. Section 5. WHEN TAX PAYABLE. PAY-ABLE. All taxes levied and assessed as-sessed under and by virtue of this ordinance are hereby made payable pay-able 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 October, 1942. Any or all of the said first instalment of said tax and assessment remaining unpaid on the 15th day of October, 1942, 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 said assessment assess-ment consisting of eighty per cent thereof, shall be payable in four annual instalments consisting of twenty per cent of the total assessment each. The first of said four instalments to be due and payable on the 1st day of October, 1943, and to be delinquent the 15th day of October, 1943, at 5 o'clock P. M., and the remaining three instalments shall bear interest inter-est at the rate of 5 per annum an-num and the entire accrued interest in-terest on all deferred payments shall be payable at the time any instalment becomes due. Said interest in-terest to begin and to be computed com-puted from the 1st day of October, Oc-tober, 1942. One or more of the above instalments in-stalments in the order payable on the whole tax may be paid without interest within fifteen days after the effective day of this ordinance. One or more instalments in-stalments in the order in which they are payable or the whole special tax may be paid after said fifteen days and before the first instalment becomes due by paying the same with interest from the effective date of this ordinance to the 1st day of October, 1942. One or more of 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 and payable, by paying the amount thereof and interest to the date of payment. Default in the payment 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 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 instalments past due with interest at the rate of 10 per annum to date of payment on the delinquent instalments and all accrued costs and shall thereupon there-upon be restored to the right thereafter to pay instalments in the same manner as if default had not occurred. In each case any such tax shall become or has become delinquent and the property prop-erty subject thereto has been or shall be sold to St. George City, therefore no redemption of such property shall be permitted except ex-cept 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 Coun-I cil of said City the interest of the said City will be subserved by accepting 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 this City that this ordinance shall take effect immediately, therefore, this ordinance shall take effect upon its passage, approval and publication. Adopted by the City Council of St. George City, and approved by Mayor of said City this 25th day of August, 1942. D. C. WATSON, ATTEST: Mayor. H. R. BENTLEY, City Recorder. (SEAL) |