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Show Legal ORDINANCE NO. 182 AN N ORDINANCE UtEAllU ctpp t i irnrtlr rTi;ir-T described the improvements pro- Sive, block 2, lots 1-4 inclu-STRLLT inclu-STRLLT LIGHTING DMRICT p(jsed to be ma(le witn the esti. siye mm? pattSS Sfb. mated cost as determined bV tte Hillaire Terrace, Orem, Utah ' - i.TV ANH FURNISH WITH ATE, AND ELECTRIC ENERGY FOR A vf wi? tii'fntv (9f 7 (inn YEARS TWENTY - SIX (2Gj 7,000 PERIOD OF TWENTY (20) 1 IimL'M t M n A MnrCPL'MT Sp? to nr nPFRT vn on A am n?ph? f tor AN ALL NIGHT SCHEDULE FOR A PERIOD OF TWENTY YEARS FROM JUNE 11, 1972, AND TO wnKmFTWwmn irrTiK lADSiimwn vTani r MmFi Z i" MANLIKE MANNER ACCORD ING TO PLANS, PROFILES AND SCInSTIriTY ?NriNF nl nl nrr rl th? nK Aty ?pa? nmni oSm f? ihSr'rS?v al t Ik rnnwrS ? int?S? on rn rfrwl ux mtIZt K minr v ini RHFnAS i,DoLvLyBLf 1 n t ,r P, IZING AND DIRECTING THE FI- NAKTIW. OF SAID DISTRICT OF vSrrmSvv nF?A" VIDING FOR THE LEVY Ql A SPECIAL TAX TO DEFRAY THE S?Jrs F SUCH IMPR0VE wiiVifFA! thp ruv rrmnHi WHEREAS, the City Council of Orem City has heretofore considered creating a special improvement lighting district to be known asSpecud Improvement Street Limiting District Number 7'wfI)Fc: tho Arem ritv Couuci 1 ofoVerCithere- council 01 yrem ciiy nas nere ffinPr5to tentiou to construct improve- ments in Special Improvement Street Lighting District Number WHFRF W Nntir-P in Pnn WHEREAS Notice to con- tractors for Uie construction and operation of improvements in Special improvement Street Lighting District Number 7 has been published all in accordance wftfrfa!? 3 ai I THF nft WHEREAS ALL THE NEC- SS SfSSSuwS O? m Cify Ordfnlce f r Ue urem my uruiiuntes ior uie creating of special improvement Street Lighting Districts have ATS VHEHEiS an overwhelming 7Z frontagee S p oEe y oSs to be Sected property owners 10 De aiiectea SwmTZS IS S: KerhfLevyi1ro?gaTax levying to defray the payment of improve ments made have requested the creation of Special mprovement Street Lighting District Number NOW THEREFORE, The Orem ntv rnnnril hprphv Ordains City Council hereby Ordains. SECTION 1: The City Coun- cil of Orem City finds and declares that pursuant to the Order of Uie Orem City Coun- cil duly made in a regular meet- ing of the City Council held November 30, 1971, and in pur- suance of the provisions of Sec- tion 10-7-41, Utah Code Annotat- ed, 1953 as Amended, and Ordi- nance Number 173 of Orem City, there was duly published for a period of twenty days in each of four consecutive issues of the Orem Geneva Times, a news- paper published weekly in Orem City, Utah, beginning December 9, 1971 and ending December 29, 1971, a Notice of Intention of said Council to create a special street ngnung oisirici in saia Pit tn hp Vnrwirn qc Qnpi-il Im. provement Street Lighting Dis- trict Number 7, and to make Uie improvements hereinafter speci- fied within said Special Improve- ment Street Lighting District Nnmhor 1 anH nf thfl fnrthpi. in- Number 7, and of the further in- tention of the Orem City Coun- cil to levy special taxes as pro- vided in Article 7, TiUe 10, Utah Code Annotated, 1953 as amended on Uie real property iyiug wiuim baiu uibirici ior uie benefit of which such special taxes are to be expended inmak- nig &diu iujpioveiueiiib, ti cupy of said Notice of Intention as published, together with Uie pub- lisher's Affidavit of proof of said publication, have been filed with Uie Orem City Recorder of Orem City and are hereby referred to and made a part hereof. Also a copy of said Notice of Inten- Uon as published was mailed within five days after first pub- Ucation, postage prepaid to each owner of land to be assessed within Uie special street lighting improvement district number 7 at Uie last known address of each owner, using for such pur- pose the names and addresses appearing on the last completed real property assessment rolls of the County wherein said af- fected property is located, and in addition a copy of such Notice was addressed to 'Owner' and was so mailed addressed to the street number of each piece of improved property affected by Uie assessment, by thesaidOrem City Recorder in accordance wUh Ordinance Number 173 of Orem . yV i7.tc?M stated the purpose for which said Notice taxes are to be levied the boundaries boun-daries of said Special Improvement Improve-ment Strppt I.iirhtincr District Nnmher 7. and in a eeneral wav urem my engineer, aucnnouce ,.. . . tions in or to said improvements st be filed with the Orem City Rprorder at tlie Orem Citv Muni- cil,al Building in 0rem' Utah on or before 5:00 p'm' January " 1972 At a regular meetine 0f Uie 0rem CUy Council neld on january n 1972 at 8:00 p.m., Uie rem CUy Council helU t hearing and considered each and every person aIearln6 to Pro" creation of said Ict anci the construction of Uie iml)rovements therein and Uie levy of the special taxes to defray Uie COSt thereof' and Upon such consideration, it was duly determined a,ld does hereby determine that written objections to the making o such imIjrove- nients and the levy of such tax, siSned bv Uie owners of two" u irds cf Uie frontage 0f the pro- ...LL, J:...-i- nertv abuttine on or adjacent to Uie streets to be improved had nn hoon m!lfio ,,r filpH with thp 0rem city Recorder within Uie 88 dee 37 min W 343 7 ft N "me limited, but that the pro- 9 deg 29 min E 220 ft; S 99 tests so med araounted to less ft; W 72.8 ft; S 165 ft. E 72.8 tlian two-thirds of such frontage ft to beeinnine and froiltage presented by Com. 1345.9 ft N, 663.1 ft sucn protests was and is insuf. min of S 14 ficient to deprive the Orem City Cfjr of s 26 T 6 S R 2E Council 0f jurisdiction to make SLB&M- N l'dee 07 min E said improvements and levy said 140 ft; N 88 de 53 min w tax, but that tlie OremCityCoun- 290 ft;' S 1 deg 07 min E 140 cU "earing the protests of ft. N 88 deg 53 min w 290 ft; property owners with property c 1 dee 07 min- W 140 ft- S Sot Winthisparticuladistrict, iLSz!) I llg- and good cause appearing such 6 property was deleted from this Com 1345 9 ft N 323 ft S Wct and Uie remaining area 88 demg 53 min E of S 14 cor nW beCmeS aI6a f S 26, T 6 S, R 2 E, SLB&M; pr0perty so covered by this Dis- N i dee 07 min E 137 ft- N he area to be made in- 88 dee 53 rnhr W 75 ft- N 1 to this district be serviced Z, 07 min E 3 ft- N 88 dee b 26 u hts rovided by law. g w 69 90 ft- N 1 del The CouncU now finds, and deter- q7 mTn E 72 f N Ode" 29 min ttat and decla'res it 7 f Jeg inraiEn has Jurisdiction to Proceed ,and 150.7 ft S 0 deg 41 min E 70 to order Uie making of such im- . s l de 07 min W 210 ft- PrVementS relati t0 the 1161 S 88 degeg5307mTnmEW74 M ft! ud Z SUCh 1 "min W 2 ft; S 88 deg ag provided by law. 53 m)n e 2i 5 t0 beeinnine ECTI0N i Pursuant to the com w 330 ft- N 132oTe jurisdiction acquired as herein 25 of SW cor SE 14 Sec 26 abVe S6t Ut' iS T 6 s. R 2 SLB&M; E 305 created within the corporate Um- ft s 3'2S ft. s 330 . n 73 ft- "S f "T ! 25 N 252 t?' the 'beg! f056 ft ' Com N 298.5 ft of SW cor taimng pooling, operating and SE m sec 26 T 6 S R 2 E -Wf f6lteCtrC SLB&M; N Ve11 ft JKKl! 2b (.uuu lumen incanaesceni lamns to be onerated on an all schedule for a period of twenty years from June 11,1972, dscyribed in tne said fcotice' 5 u V ' 1972 whicn M date wnich the District wiU be levied upon for the said improvements and upon which date Uie 26 lights will go into operation under this Improvement District Levy, Special Street Lighting Improve- ment District Number 7. That the streets upon which lights are to be located are more particularly described as fol- lows: On the Southwest corner of 1800 South Street at 400 East On Uie North Side of 1800 South Street at 450 East On the South Side of 1800 South Street at 500 East On Uie North Side of 1800 South Street at 543 East On Uie West Side of 400 East Street at 1822 South un uie oouui oiu 01 ioo ouum Ctrppf at 40 Fact On Uie South Side of 1834 South Street at 510 East On Uie East Side of 543 East Street at 1834 South On the North Side of 1864 South Clronf of 9fi Fief Street at 250 East On the North Side of 1864 South Street at 300 East On the South Side of 1864 South Street at 350 East On the North Side of 1864 South btreei ai i cast On the North Side of 1864 South Street at 410 East un Uie lNorui aiue oi loo-i ouuiu Street at 475 East on the East Side of 400 East street at 1665 South on the East Side of 400 East street at 1705 South On the South Side of 1864 South street at 543 East 0n the West Side of 1910 South street at 424 East 0n the North Side of 1910 South street at 475 East nn the Smith Side of 1910 South - " - Street at 543 East On Uie West Side of 1960 South street at 424 East 0n Uie East End of 1960 South street 0n the South Side of 1830 South Street at 330 East on the East Side of 350 East street at 1830 South 0n the East Side of 400 East street at 1750 South 0n the West Side of 375 East street at 1910 South TM real t sub. special Improvemont JJ P Qn wbJch leyy aiKf assessm(jnt of tax is to be made is described as fol- Mornlngside Heights, Orern, Utah in block 1, lots 1-6 inclusive, inclu-sive, block 2, lots 1-27 inclusive, inclu-sive, block 3, lots 1-27 inclusive, inclu-sive, block 4, lots 1-20 inclusive block 5, lots 1-15 inclusive. Hillaire Terrace, Orem, Utah Dint a nwi, i i,.I ia win- piat n Work 2 lots 7-12 in- ridl 0luul 6 10U ' 161,1 Driftwood Acres Subdivision 0rem, Utah Block 1, lots 1-3 wi'w if m.io wind AIH,1UD1C AUIO AV'ifa iilALUJA RWlnS Tract Subdivision, Orem, Utah lots 3-11 inclu- glve 'alsQ described as Com. w gw cof S 14 Sec 26 T 6 S R 2 E SLB&M; w 330 ft; N 336.5 ft! E 25 ft; N 120 ft; e 272 ft; S 120 ft; E 33 ft; S 396.5 ft to point of bednniiK Tom N 88 deg 30 rain W 3636.9 ft along 14 Sec line & S 0 deg 29 min W 401.5 ft of E M cor Sec 26 T 6 S, R 2 E, SLB&M; S 0 deg. 29 min W 420.68 ft N 88 deg 37 min W 310.64 ft. N 0 deg 29 min E 420.68 ft S 88 deg 37 min E 310.64 ft to beg. Also Com S 88 deg 30 min E 2707.2 ft deg 30 min E 2707.2 ft along : Sec line S 0 dee 29 min 14 Sec line S 0 dee 29 min 14 oet uuti u uuu u; rino ak tm w i Ia of Sec 26, T 6S, R 2 E, SLB&M; n .. ' n ?, , 'nnn m rm ? na A0tI nn min F. 'f SE 14 0 Sec 26 T 6 S 2 E SLB&M- N 89 dee 00 J. SLB&M, N M deg 00 ? ? 0 min E 330 to CUTVe tO ft m or L to curve to left 1685 ft m or L to curve to rigut 315 ft. m or L N 89 deg 00 m w 329 ft to curve 0 rignt 455 832 39 deg 06 min E 558.1 ft S 272.7 ft j0 pomt 0f Deg Qom 971,11 ft N & 377.80 ft w from g cor 0f Sec 26 75s R 2 E SLB&M- N 38 min w' jgg ft N 89 deg 31 min w to the carrying out 0f such j30 ft s 38 min E 156 ft S 8g deg 3 min E 130 ft to beg. om 353.62 ft N & 681.46 w from 5 cor gec 2g T 6 g R 2 E gLB&M- N 89 deg 3j' rajn y 279,5 ft n 0 deg 2g min W 100 ft's 89 deg 31 min E 277.57 ft S - deg 38 minE 99.02 'ft to beg. Com 8Q3t62 ft N & 680.08 ft from S 14 cor of Sec 26 . T 6 S, R 2 E, SLB&M S 0 deJ 09 min w 120 ft N 89 de? 31 min W 282 ft N 0 deg 29 mjn E jqq ft f0 a curve to Uie right have a length of 31.51 ft; gnce S 89 dee 31 min E 262 .... ft to point of beg. Beg. N 1623.35 ft and E 27.92 ft from the S 14 cor of Sec 26, T 6 S, R 2 E, SLB&M, thence 300 ft S 89 deg 05 min E s 0 deg 11 min E 780.20 ft thence 300.00 ft N 88 deg 53 w to point 0 bee g t inf n y-g NE boundary of Morning Side Heignts wnicn n 1320 88 ft and s 88 deg 53 E 1071 92 ft fm s i4 0f Sec 26 T 6 s R 2 E SLB&M thence' s 500 08 ft- S 1 deg 97 min w 25 ft S 'll dee 34 min W 128 55 ft. s 2 deg 10 min W 22U5 ft;' N 89 deg 08 min W 308 90 ft s 272 70 ft. N 89 deg 00 'min W 583.1 ft to C of 424 r e. w iko a n m Ud.Ol U l AOUl At, AI 30315 ft W 330 ft; N 182.5 ft n ro Hbt si min w sin ft n 0 deg 38 min W 270 ft; S 89 deg j mla E 30g ft-N 0 deg 33 min W 375 ft to C of 1800 Soutll st M 89 deg 31 min W 330 ft. n 0 deg 41 min W 1000 ft. s 88 deg 37 min E 351 ft to' c of 400 East St. S 88 deg 53 min E 188 80 ft. s 0 deg 41 min e 838 ft S 88 deg 53 min E 550 ft N 99 ft; E 202 ft; 2G5 t E 133t02 ft to beg. SECTION 3; The Orem City Council flndg m and declares tiie Orem City Engineer pursuant tQ c Coun. cil has caused detailed plans and specifications and construction cntract foms fof lmprove. ments specified in said Notice of Intention to be prepared, which detailed plans and specifications and contract forms were submitted sub-mitted to and inspected by the Orem City Council at its regular regu-lar meeting held January 11, 1972. The said plans and specifications speci-fications and contract forms are hereby approved and adopted and authorized to be signed with Utah Power and Light Co. The Orem City Mayor of Orem City was and is hereby authorized author-ized and directed to let to the said Utah Power and Light Company Com-pany the contract for such improvements im-provements and on and in behalf of and in the name of Orem City, for the construction of said improvements im-provements in accordance with the plans and specifications which contract shall be substantially in the form in accordance with that which has been signed before. SECTION 4: When said im- provements have been completed and at the expiration of the levy which is now in force on the property subject to this District, there shall be levied and as- sessed as provided by Article 7, Chapter 7, Title 10, Utah Code Annotated, 1953 as amended, special improvement street lighting district taxes upon the blocks, lots, parts thereof and pieces of real property front- fcXXfcujKMaoataoR Home ing on or abutting upon or adjacent ad-jacent to the streets improved, affected by or specially benefited by such improvement back to a depth of 120 feet of the same ownership within the description above set forth, with corner lot exemptions as provided by law, and after the Board of Equalization Equali-zation and Review hearing held after notice as required by law and particularly ordinance No. 173 of Orem City, a municipal corporation. Such special street lighting improvement district taxes so assessed except that portion thereof paid within fifteen fif-teen days after the Ordinance levying and assessing such taxes, which shall be paid as provided in Section 10-7-23, Utah Code Annotated, 1953 as amended, shall constitute a sinking fund for payment of the special improvement im-provement street lighting district dis-trict costs hereinafter authorized as provided by law. That this fund shall be designated 'Special Improvement Street Lighting District Number 7 Orem City covenants and agrees with the Utah Power and Light Company aforesaid that such special tax levy shall be promptly made and the proceeds faithfully collected and applied as provided by law. The property owners may, if they so desire, make monthly pay ments into the Orem City r few ' ; lltfiRlpSSS AS LOW AS 1 Of fFI- PSilM Treasurer of an amount equal to one-twelfth of the annual assessment assess-ment made against each property proper-ty owner's property as more particularly described in Section 2 of this Ordinance. SECTION 5: For the purpose of financing the cost of the con- struction of the improvements aforesaid, including interest and the total contract price plus an amount equal to but not exceed- ing ten per cent thereof, to cover the actual costs of enirineerine. o inspection, publishing and mail- ui& uuiices, HidMiig me levy ui Asst-D Di iniwwi' project in a proper ana wom-such wom-such special taxes in the manner COUNCIL OF OREM CITY, UTAH manuV(i mailner according to provided by law pending the col- lection of such taxes when levied, credit for the amount of $3.30 per light per month for each year was extended by Uie contractor, con-tractor, Utah Power and Light except that this amount will be reduced by that portion of Uie total amount of said taxes paid within 15 days after the ordinance ordi-nance levying and assessing such tax becomes affective as provided pro-vided in Section 10-7-23 Utah Code Annotated, 1953. SECTION 6: All ordinances and resolutions or parts of Ordinances Ordi-nances or resolutions in conflict with the provisions hereof are repealed. This Ordinance and Uie Ordinance levying and assessing as-sessing said special tax should be and remain irrepealable, until the enevQ Times 546 South State - Orem of Orem's Home - Owned Newspaper "MMMt1E13aBHBnwf Orem-Geneva Times costs of said improvements have been fully paid, satisfied and discharged. dis-charged. . SECTION 7: It being deemed nopocsarv for the immediate pre- servation of the peace and heaua and safety of Orem City, Utah, and its inhabitants that this ordinance become effective im- mediately upon its publication once in the Orem Geneva Times, a newspaper of general circula- tion published weekly in Orem , j City, Utah, it is so Ordered. COUNTY, UTAH On this 1st day of February, 1972. APPROVED: Winston M. Crawford mayor ATTEST; Anne Cooper Orem City Recorder COUNCILMEN VOTING AYE: E.Dixon Larson J. LeRoy Walker Eldon J. Bailey STATE OF UTAH ) JSS. COUNTY OF UTAH) I, Anne Cooper, Uie duly chosen, cho-sen, qualified, and acting City Recorder of Orem City, do hereby here-by certify that the above and foregoing is a true, full, and correct copy of an ordinance passed by Clty council of Thursday, February 10, orem City this 1st day of February, Feb-ruary, A. D., 1972, entitled: Ordinance 182 An Ordinance Creating Special Improvement Street Lighting District Number 7. To Construct, Con-struct, Maintain, Patrol, Operate, Oper-ate, and Furnish with electric energy for a period of twenty (20) years 7,000 Lumen Incandescent Incan-descent lamps to be operated on an all night schedule for a period of twenty years from June x A, Xv Ibj aUU fcv uv w-- , necessary to complete the 1L 1972. and to do all otner Drofiles and specifications on flle at m 0rem City Engineer's Office in the Orem Municlpal Building, Orem, Utah. Findine the notice 01 the Council's intention to create such a district has been duly published as required by law. Authorizing and directing the financing of said district of such improvement, providing for the levy of a special tax to defray the cost of such improvements. IN WITNESS WHEREOF,Ihave hereunto set my hand and affixed af-fixed the corporate seal of said city this 1st day of February, A. D., 1972. Anne Cooper City Recorder Published in the Orem-Geneva Times February 10, 1972. |