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Show NOTICE TO CREDITORS PROBATE NO. 3122 IN THE FIFTH JUDICIAL DISTRICT COURT IN AND FOR IRON COUNTY, STATE OF UTAH In the matter of the Estate of RUSSELL AL0NZO CHRISTEN-SEN, CHRISTEN-SEN, Deceased. All persons having claims against the above estate are required to present them to the un- dersigned or to the Clerk of the Court on or before the 16th day of July 1981, or said claims shall be forever barred. KATHERINE STIRLING CHRISTENSEN Personal Representative C-0 Hans Q. Chamberlain Chamberlain & Corry Attorneys for Personal Representative Prudential Plaza Suite G Cedar City, Utah 84720 Published in the Iron County Record April 16, 23 and 30, 1981. ORDINANCE NO. 401 AN ORDINANCE confirming the assessment rolls and levying a tax providing for the assessment of property in Cedar City, Utah Special Improvement Im-provement District No. 2, for the purpose of paying the costs of constructing improvements on certain streets within said district consisting of the installation of sewer mains and laterals, water mains and laterals including in-cluding fireplugs, the construction of curb and gutter including conrete walkways, covered driveways, street paving, the condemnation or acquisition of any property necessary to make such improvements, im-provements, and the completion of any other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; reaffirming the establishment of a special improvement guaranty fund; and establishing the effective date of this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF CEDAR CITY, IRON COUNTY, UTAH: Section 1. The City Council of Cedar City, Utah, hereby confirms the assessment roll as corrected and adjusted by the Board of Equalization and Review for Cedar City, Utah Special Improvement District No. 2, 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 Cedar City, Utah does hereby levy a tax to be assessed upon the real property described in the assessment list for Special Improvement District No. 2. The assessments levied upon each block, lot, part of block or lot, tract or parcel of property therein described shall be in the amount set forth in the assessment list, which is hereby incorporated by reference and made a part of this ordinance. The property to be assessed in accordance with the assessment list for Cedar City, Utah Special Improvement District No. 2, is bound by the city limits of Cedar City. The assessments hereby levied are for the purpose of paying the cost of constructing improvements on certain streets within said district consisting of the installation of sewer mains and laterals, water mains and laterals including in-cluding fireplugs, the construction of curb and gutter including concre'te walkways, covered driveways, street paving, the condemnation or acquisition of any property neccesary to make such improvements, im-provements, 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 equalized and completed by the Board of Equalization and Review, is hereby confirmed and the assessments made and returned in said completed list and the report and recommendations recom-mendations of the Board of Equalization and Review to the City Council of Cedar City, Utah, are hereby ratified, approved and confirmed. Section 4. This tax is levied and assessed at 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 proprty line of the street 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 b becomes effective. Any part of the assessment not paid within such fifteen (15) day period shall 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 pet.) per annum from the effective date of this Ordinance until due. Interest shall be paid in addition to the amount of each such installment annually at the time each installment 1 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 an additional ad-ditional amount equal to the interest which would accrue on the assessment to the next succeeding date on which interest is payable on any special improvement 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 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 interestwhen 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 10 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 10 per cent per annum to date of payment on the delinquent installments, and all approved costs, and shall thereupon be restored to the right thereafter to pay in installments in-stallments in the same manner as if default had not occurred. Section 6. The City Council of Cedar City, Utah, does hereby reaffirm the creation of a special improvement guaranty fund and shall at the time of each annual appropriation ordinance, so long as any special improvement district bonds of Cedar 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 fund the payment of special improvement bonds and interest thereon issued against local improvement im-provement districts for the payment of local improvements therein, all in the manner and to which list has been incorporated in-corporated herein 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 me assessment list according to the extent that they front or abut on or are adjacent to the street 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 ag with regard to district the sum of: (a) the total contract price for the improvements im-provements under contract duly let to the lowest and best responsible bidders therefor; (b) the nabale 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 n exceed fifteen perceri pet.) of the sum of (b), and Ic). The b assessment for f Special Improveir District No. 2 is levie the following rates: IMPROVEMENTS COST SPRUCE STREET Water lateral 72.01 each Sewer line 6.70 per lineal sq. ft. 1725 NORTH CEDAR ESTATES Sewer Line 4.272415 per lineal ft. Sewer lateral 154.69 each Curb &gutter-30 inch 5.50 per lineal ft. Street paving .25persq. ft 400 SOUTH STREET Driveway arch 6.41 per lineal ft. Curb &gutter-30 inch 3.95 per lineal ft. Curb &gutter-36 inch 5.95 per lineal ft. Flat work (drive ap-proaches.replaced ap-proaches.replaced idewalk) 1.10 per sq.ft. treet paving .26313 per ft. iveway approaches 1.85 per sq. ft 1020 SOUTH STREET Curb & gutter-30 inch 4.50 per lineal ft. Street paving .28 per sq. ft. CENTER STREET Curb & eutter-30 inch 4.80 the extent provided by the laws of the State of Utah. Section 7. The officials of Cedar City, Utah, are hereby 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 Cedar City and the inhabitants thereof so requiring. Immediately after its adoption, this ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose. Said ordinance shall be said assessments has been made for corner lots so that they are not assessed at full rate on both streets. The total cost of the improvements in Cedar City, Utah Special Improvement Im-provement District No. 2 is $324,346.45, of which total cost, the City's portion is $73,935.20. 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 per lineal ft. Flat work (drive ap-proaches.replaced ap-proaches.replaced sidewalks) 1.50 per sq. ft. Sidewalk 1.25 per sq.ft. MAIN STREET Sewer line 10.317 per lineal ft. 800 WEST STREET Sidewalk l.lOpersq.ft. Curb & gutter-30 inch 4.75 per lineal ft. Flat work (drive ap-proaches.replaced ap-proaches.replaced sidewalk) 1.65 per sq.ft. Street paving .28 per sq. ft. Sewer lateral 187.50 each Water lateral 136.50 each 400 NORTH STREET (400 West to 800 West) Curb & gutter-30 inch 3.95 per lineal ft. published once in Iron County Record, a newspaper published and having general circulation cir-culation in Cedar City, Utah, and shall take effect immediately upon its passage and approval and publication as required by law. PASSED AND APPROVED AP-PROVED BY THE CITY COUNCIL OF CEDAR CITY, UTAH, this 16th day of April 1981. S. Jack Sawyer Mayor ATTEST: Jacqueline Bulloch City Recorder Published in the Iron County Record, April 23, 1981. ft. Water line 10.81 per lineal ft. Curb & gutter-30 inch 3.95 per lineal ft. Flat work &drive ap-proaches.replaced ap-proaches.replaced sidewalk) 1.44 per lineal ft. Street paving .2086 per sq. ft. Sewer lateral 185.94 each 200 WEST STREET Street paving .261175 per sq. ft. 1600 WEST STREET Sewer line 4.92 per lineal ft. Water line 4.51 per lineal ft. Curb & gutter-30 in. 4.50 per lineal ft. Street paving .50 per sq. ft. levied, if any. The balance to be assessed to the owners of property affected or benefitted by the improvements in Special Improvement District No. 2 is $250,411.25, which is the total amount of the assessment hereby levied for said District and which does not exceed in Sewer lateral 7.75 per lineal ft. 400 NORTH STREET Water Line 6.96 per lineal ft. Curb & gutter-30 inch 4.50 per lineal ft. Flat work (drive ap-proaches.replaced ap-proaches.replaced sidewalks) 2.00 per sq. ft. Street paving .57427 per Flat work (drive ap-proaches.replaced ap-proaches.replaced sidewalk) 1.85 per sq.ft. Street paving .21492 per sq. ft. Sewer lateral 156.25 each Water lateral 44.25 each 225 WEST STREET Water line 4.56 per lineal ft. Curb & gutter-30 inch 4.50 per lineal ft. Flat work (drive ap-proaches.replaced ap-proaches.replaced sidewalk) 47.11 per lot Street paving .28persq. ft. - Sewer lateral 181.25 each Water lateral 56.33 each FIR STREET Curb & gutter-30 inch i.0714 per lineal ft. Street paving .25072 per sq. ft. j Sewer lateral 159.72 each Water lateral 71.98 each Overhead costs referred to in subsection (e) above are not included in-cluded in the above assessment rates. Assessments vary from street to street because improvements for each street were installed under separate construction con-struction contracts. Section 3. The assessment list made by the City Recorder for the property in Cedar City, Utah Special Improvement Im-provement District No. 2 as corrected, approved, |