OCR Text |
Show citizen, Free Press, Review -- Wednesday, November 19, 1997 -- Page I 17 Clothier suits clients in their own homes Men usually are not big on shopping and fighting the crowd in the mall is often not their cup of tea. Randy Clause has solved this problem. He sells business suits and missionary clothing in the privacy of the home or office. He sells only name j. To Your Home Or brands. Call for an appointment at He also has a web site at www.mission-aryclothing.co- m OffW than 900 Phillips 66 marketers. Presenting the award to Walker were Wayne Allen, chairman and chief executive officer of Phillips Petroleum Company; Jim Mulva, president and chief operating officer; Bill Z. Parker, senior vice president or refining, marketing and David transportation; Bairrington, vice president of marketing and transportation; Randy Clause, an experienced clothier, brings his wares to the clients to provide quality apparel in a comfortable setting at a lower price than mall stores. does not have the overhead that there is in a mall or other men's stores. Randy specializes in missionary clothing, carrying everything a missionary should need while serving any Public notices time. Utah Facilities Highland Conservation District notice T5S,R1E,SLB&M;N291 ft. W 715 ft.; N 352 ft.; E 1003 ft.; S 285 ft. to beg. Area 8 acres. American Fork City has Board the petitioned of Members Highland Conservation District to add 5 ac.ft. of water to the following property: IP2056 Beg at SE Cor of beg. Area 60 acres. From 176 ac.ft. to 181 ac.ft. to Anyone wishing protest the above action must do so in writing and be present before a meeting to be held Nov. 26, 1997. NW14ofNW14ofSec12, T5S, R1E, SLB&M: thence W2.0 chs, N 400' W 742.04' N 18 deg E 18.5 chs. N 9 deg.E 12.9 chs, E 1097'S 7 deg 13' W along creek 227.6' W 388 ft. to point of Joy Ruff Secretary in Published American Fork Citizen 5, 12 and 19, 1997. the Nov. and Wayne Anderson, vice president marketing operations. Walker has been a Phillips marketer for 16 years and has served in the petroleum marketing industry for 55 years. His company operates 12 branded Phillips 66 outlets in northern and central Utah. In where in the world. Randy and his wife, Janice, have six children and two grandchildren. He enjoys fishing when he has some spare storage facilities notice e Storage Notice: U.C A. Unit XL36 Date: Nov. 6. 1997 IPI932.1 Com. in W line of St. SD Pt N 1188.91 ft. and W 21.84 ft. &N21W 150 ft from SE Cor Sec 4, ,,UIKe nikllll.. ZZ ""oleu pr rn""P5 f7 winners were chosen from more Self-servi- ce Richard Ellsworth has the Board petitioned Members of the Highland Conservation District to remove 5 ac.ft. of water from the following property: II f Ivan M. Walker, owner of office. Florsheim shoes, London Fog overcoats, etc. "I can save a customer $500 on a complete missionary wardrobe," Randy claimed. That is possible because he 1 1 Ivan Walker, Inc., Pleasant Grove, has been honored with the Phillips 66 Shield of Excellence award for 1997. Presented Nov. 6 in Nashville during the annual Phillips 66 Branded Marketers' Conference and Trade Show, the Shield of Excellence award is the highest tribute given to a Phillips 66 Company branded marketer. Walker is one of three marketers to win the 1997 Shield of Excellence award. The three Randy has been in the clothing business for 25 years and he thought why not take the clothes right to the home or Randy carries all of the merchandise in a large trailer and he has most sizes. He will also do special orders. He has luggage, shoes, overcoats, shirts, ties, stockings, hankerchiefs, umbrellas, sweaters, etc. Some of the brand names he carries are Arrow shirts, .. To: Wayne Hunsaker, 338 N. 630 East, American Fork, UT 845003 Please be advised that as of Nov. 1, 1997, you owe Jedco Storage the sum of S237.00, said sum having been now over 30 days delinquent. The following is a brief description of the personal property subject to a statutory lien in favor of Jedco as disclosed from an inventory of your unit on the date: Miscellaneous personal effects. Your lock has been changed and the above personal property impounded. You may redeem same by Kimble, contacting & MacMichael Upton at P.O. Box (209) 9489, Fresno, Calif. 93792-948You must pay the above sum. plus a per diem rate from and after the date of this not ice using cash of cashier's check for redemption, not more than 15 days following the above date. UNLESS THIS CLAIM AND LIEN IS PAID WITHIN THE NEXT 15 DAYS THE CONTENTS OF YOUR AS GENERALLY UNIT, DESCRIBED ABOVE. WILL BE SOLD OR OTHERWISE DISPOSED OF AT WESTERN AUCTION, 8124 S. 3200 West, Benjamin, Utah 84660. at 7 p.m. on Dec. 10, 1997. A copy of this notice is being contemporaneously mailed to the Utah County Sheriff and to any other disclosed, in writing to Jedco Storage, by tenant, in the Rental Agreement signed by tenant. Jedco L.C., dba Jedco Storage 166 N.Grant Street American Fork. UT 84003 Published in the American Fork Citizen Nov. 12 and 19, 1997. Ivan Walker displays the Shield of Excellence trophy he received from Philipps 66. addition, Walker operates 10 fast food franchises including three Wendy's, two Taco Bell and three Subway outlets. Walker has been a member of the Lindon City Council and a member of the Lions Club. He is a past president and board member of the Intermountain Oil Marketers Association, now the Western Petroleum Marketers Association. Notjce of ost is hereby given that the undersigned has applied to the American Notice Fork Irrigation Company tor the issuance of a new certificate to replace certificate number 7702 issued in the name of Ralph Hunter which Walker participates in both community and church activities. His sons, Michael, Mark and Bryce, and daughter, Deone, also are involved in operations at Ivan Walker, Inc. Winners were selected based on the following criteria: commitment to excellence, market performance, positioning for the future, loyalty to the Phillips brand, and service to the industry and community. irrj & tjon certi(icate has become lost. Any person or persons having a claim against certificate number 7702 issued in the name of Ralph and Lorraine Hunter must inform the Board of Directors of the American Fork Irrigation Company within thirty days the first publication of this notice. Isl Fred Hunter of Published in the American Fork Citizen Nov. 12, 19 and 26, 1997. North Utah County Water District hearing Notice is hereby given that the annual tentative budget hearing for the North Water Utah County Conservancy District will be held at 3 p.m. on the 6th day of November, 1997, at its offices at 75 N. Center, American Fork, Utah. A finalizing meeting will be held at 3 p.m. on the 11th day of December, 1997, at to same address the approve the final 1998 budget. All individuals and conto are invited stituents attend the hearings. in Published the American Fork Citizen, Pleasant Grove Review and Lehi Free Press Oct. 15, 22 and 29, Nov. 5, 12, 19 and 26, and Dec. 3 and 10, 1997. Eagle Mountain confirms assessment roles and lists levies against properties Ordinance No. 005 AN ORDINANCE confirming the assessment rolls and levying an assessment against certain properties in Utah Mountain, Eagle Improvement Special District No. 1 for the purpose of paying the costs of constructing improvements on certain roads within said municipality consisting of road paving, concrete curb planter median and all other miscellaneous work necessary to complete the whole in a proper and workmanlike manner; establishment and providing for the funding of a Improvement Special Reserve Fund; establishing effective date of this the Ordinance; and related matters. BE IT ORDAINED BY THE TOWN COUNCIL OF EAGLE MOUNTAIN, UTAH COUNTY, UTAH: Section 1. Determination Costs: All costs and expenses for the making of the improvements within the District have been deterof mined, the property price for all property to be acquired to make the improvements has been finally determined and the reasonable cost of any work to be done has been determined. Section 2. Approval of Assessment List: Findings. The Town Council (the of "Council") Eagle Utah County, Mountain, Utah (the "Issuer") hereby confirms the assessment list for Eagle Mountain, Utah Improvement Special 97-- 1 No. District (the "District"), a copy of which is attached hereto as Exhibit "B" and incorporated herein reference (the by and "Assessment List"), hereby confirms that the Assessment List is just and equitable; that each piece of property to be assessed within the 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 share of the cost of such improvements. Section 3. Levy of Assessments. The Council of the Issuer does hereby levy an assessment to be assessed upon the real property identified in the The List. Assessment assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List. The assessments hereby levied are for the purpose of paying the costs of constructing improvements on certain roads within the Issuer consisting of road curb concrete paving, planter median and all other miscellaneous work necessary to complete the whole in a proper and workmanlike manner. The assessments are hereby levied and assessed upon each of the parcels of real property described int he Assessment List according to the extent that they are specially benefited by the improvements acquired or constructed within the District. The assessments are levied upon the parcels of land in the District at equal and uniform rates. of 4. Cost Section Improvements: Amount of Total Assessments. The total cost of the improvements int he District is $2,220,000, of which total cost the Issuer's portion is $0.The amount to be assessed against property affected or benefited by the improvements in the District is $2,220,000, which amount does not exceed in the aggregate the sum of: (a) the total contract price or prices for the improvements under contract duly let to the lowest and best responsible bidders therefor and a portion of the costs of engineering, designing and inspection; (b) the reasonable cost of utility services, maintenance, labor, materials or equipment supplied by the Issuer, if any; (c) the property price, if any; (d) connection fees, if any; (e) the interest on interim warrants, if any, issued against the District; (f) overhead costs not to exceed fifteen percent (15) of the sum of (a), (b), (c) and (d); (g) where the assessment is levied prior to the time of all of the improvements in the District are entirely completed and accepted, an amount for of not to contingencies exceed 10 percent of the sum of (a), (b) and (c); and (h) an amount sufficient to fund a reserve fund. Section 5. Method and Rate. The total assessment for the District is levied in accordance with the following method and at the following rates: Improvements road and curb concrete planter improvements Assessment and Method of Assessment $755.04 per acre Section 6. Payment of Assessments. The amount of (a) $24,274.38 has been prepaid to the Issuer as a prepayment of assessments to be levied against certain benefited properties within the District. By Waiver and Consent, the property owners of the remaining benefited properties within the District have waived the right to pay cash for their assessments during a cash prepayment period. The assessment shall be payable over a period of ten (10) years from the effective date of this Ordinance in ten (1) subequal annual stantially installments including interest on the unpaid balance of the assessment at the same rate as the rate or rates of the special assessment bonds anticipated to be issued by the Issuer plus onehalf of one percent The assessment payment-ate- s shall be the first anniversary date of the effective date of this Ordinance and each subsequent anniversary date thereafter. Interest shall accrue from the effective date of this Ordinance until after the lien has been reduced through regularly scheduled payments, heshe would need to prepay a portion of the then outstanding assessment as determined under (I) above. The regularassessment ly scheduled payments previously made would not entitle the property owner to a release of a portion of the Assessed Parcel without such prepay- paid. (b) Following a prepayment made pursuant to this subsection (b). the Treasurer shall recalculate the amount of all subsequent assessment installments to be paid on the remaining portion of the Assessed Parcel, after taking into account the reduction in the outstanding principal balance of the assessment resulting from such prepayment. (c) In the event all or any portion of the property assessed hereunder is subdivided into smaller parcels as evidenced by a subdivision plat approved by the Issuer and recorded at the County Recorder's office of Utah County, the Issuer may elect at its discretion to allocate the assessment balance on the previously undivided property on a proportionate basis based on The footage. square required annual assessment installment payments for each subdivided parcel shall be allocated proportionately on a square footage basis so that the aggregate total of all of the annual assessment installments for each of the subdivided parcels will equal the total annual assessment installment for the previously undivided property. When an assessment lien is perfected for each of the subdivided parcels, the total assess- prepayment of an assessment or any part thereof, arises out of a need of the property owner to clear the assessment lien from a portion (the "Release Parcel") of the parcel now assessed (the being "Assessed Parcel"), the assessment lien upon the Release Parcel may be released by the Issuer, but only if all of the following conditions are met: (I) Prepayment of the assessment in which the amount of the prepayment shall be calculated by: (a) multiplying the total assessment, including all accrued and unpaid interest, then the on outstanding Assessed Parcel by a fraction, the numerator of which is the total area of the Release Parcel, including a pro rata portion of the undevelopable area of the Assessed Parcel, and the denominator of which is the total area of the Assessed Parcel; and then (b) multiplying such amount by 1.25. (ii) The Treasurer or the Attorney for the Town must determine that the partial release of lien upon payment of the prepayment amount determined under (I) above does not diminish the security of the bondholders based upon the amount of the remaining assessment compared with the amount and value of land remaining to secure such debt. For purposes of this subparagraph If security of the bondholdwill not be considered diminished if the fair market value of the remaining property subject to the assessment equals or exceeds two times the remaining unpaid assessment on such property. In determining the value of the remaining land, the Treasurer or the Attorney for the Town is entitled to, but need not rely on credible evidence or documentation presented by the owner of (ii), ers said property. The additional payment for premiums and interest is paid as required (iii) above for any prepayment. For purposes of deter- mining prepayment amounts provided in (I) above, regularly scheduled payments shall not be taken into account. For example, should a property owner desire to clear the assessment lien from a portion of a parcel now being assessed ment. ment levied against the preundivided property viously be released having been replaced by the aggregate of the assessments allocated to each of the subdivided parcels. A release of the new assessment lien for a given subdivided parcel will be delivered by the Issuer at the time the assessment balance for that subdivided parcel is paid in full. All unpaid installments of levied assessment an against any piece of property may be paid prior to the dates on which they become due, but any such prepayment must include an additional amount equal to the interest which would accrue on the assessment to the next succeeding date on which interest is payable on any special assessment bonds issued in anticipation of the of the collection assessments plus such additional amount as, in the of the Town opinion Treasurer, is necessary to assure the availability of money to pay interest on the special assessment bonds will as interest becomes due and payable plus any premiums which may be charged and become payable on redeemable bonds which may be called, in order to utilize the assessments paid in advance. Section 7. Default in a default occurs Payment. If in the payment of any installment of principal or interest, when due, the Treasurer on behalf of the governing body of the Issuer, may declare the unpaid amount to be due and immediately payable and subject to collection as provided herein. In addition, the Treasurer on behalf of the governing body of the Issuer may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal and interest then due to be immediately due and payable. Interest shall accrue and be paid on all amounts declared to be delinquent or accelerated and immediately due and payable at the same rate or rates of interest as are applied to delinquent real property taxes for the year in which assessment the installment becomes delin- (the "Delinquent Rate"). In addition to interest charges at the Delinquent Rate, costs of collection, as approved by the Treasurer on behalf of the Governing Body, including, without limquent fees, attorneys' trustee's fees and court costs, incurred by the Issuer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and itation, payable. Upon any default, the Treasurer shall give notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls of Utah County. Notice shall be effective upon deposit of the notice in the U.S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls of Utah County. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing, after which the Treasurer on behalf of the Issuer may place in operation the procedure necessary to provide for a tax sale of all delinquent property in the manner provided by Title 59. Chapter 2, Part 13, Utah Code Annotated 1953, as amended, for the sale of property for delinquent general property taxes, or the Treasurer on behalf of the Issuer may accelerate the principal of the assessment and immediately commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. In the event the Issuer elects to foreclose in the manner provided for the foreclosure of trust deeds (i.e., foreclosure by power of sale), the Treasurer or the governing body of the Issuer shall be empowered to designate a trustee, and successor trustees if necessary, to carry out such foreclosure, and such trustee(s) shall be deemed to have a power of sale and all other rights, power and authority necessary to legally and lawfully foreclose the lien for assessments. delinquent Any trustee so selected must satisfy the qualifications for a trustee set forth in 1 Utah Code Annotated or any successor statute. If at the sale no person or entity shall bid and pay the Issuer the amount due on the assessment plus interest and costs, the property shall be deemed sold to the Issuer for these amounts. The Issuer shall be permitted to bid at the sale. The remedies provided herein for the collection of and the assessments enforcement of liens shall be deemed and construed to be cumulative and the use of any one method or means of collection or enforcement shall not deprive the Issuer of the use of any other method or means. The amounts of accrued interest and all costs of collection, trustee's fees, including attorney's fees and costs, shall be added to the amount of the assessment up to, and including, the date of foreclosure sale. Section 8. Remedy of Default. If prior to the final date payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the prop- erty owner pays the full amount of all unpaid installments of principal and inter- est which are past due and delinquent with interest on such installments at the rate or rates set forth in Section 7 herein to the date of payment, plus all trustee's fees, attorneys' fees and other the costs of collection, assessment of said owner shall be restored and the default removed, and thereafter the owner shall have the right to make the payments in installments as if the default had not occurred. Any payment made to cure a default shall be applied, first, to the payment of attorneys' and other costs as a result of such default; second, to interest charged on past due installments, as set forth above: fees incurred third, to the interest portion of all past due assessments; and last, to the payment of outstanding principal. Section 9. Lien of Assessment. An assessment or any part or installment of it, any interest accruing and the penalties, trustee's fees, attorney's fees and other costs of collection shall constitute a lien against the property upon is which the assessment levied on the effective date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic's or materialman's lien or other encumbrance, and shall be equal to and on a parity with the lien for general property taxes. The lien until the shall continue assessment and any interest, penalties and costs on it are paid, notwithstanding any sale of the property for or on account of a delinquent general property tax, special tax or other assessment or the issuance of tax deed, an assignment of interest by the governing entity or a sheriff's certificate of sale or deed. Section 10. Debt Service Reserve Fund. The Issuer does hereby establish a special debt service reserve (the "Reserve Fund") in lieu of funding a special improvement guaranty fund, as additional security for the special bonds assessment ("Assessment Bonds") to be issued by the Issuer with respect to the District. The Reserve Fund shall be initially funded from proceeds of the Assessment Bonds in to amount an equal 5219,500. which amount shall constitute the Reserve Fund Requirement. The cost of the funding initially Reserve Fund will be added to the assessments of the property owners. In the event an assessment is prepaid in full, moneys on deposit in the Reserve Fund shall be applied as an offset to said assessment obligation pro rata based upon the ratio of said prepaid assessment to the total amount of all assessments, and the Reserve Fund Requirement shall be reduced accordingly, except that owners of properties with respect to which there has been a default in the payment of in whole or in part, shall not be entitled to such a pro rata offset unless assessments, such delinquency together with costs of collection and penalties, shall have been paid in full as of the date such offset is made. Moneys on deposit in the Reserve Fund immediately prior to the final assessment date hereunder shall be credited on said final assessment date to the final assessment payments of the assessed properties in the District and shall be applied to pay any remaining amounts due on the outstanding special assessment bonds anticipated to be issued by the Issuer. Such remaining moneys shall be applied pro rata based upon the ratio of the assessment against each such property to the total Eagle Mountain amount of all assessments, except that properties with respect to which there has been a default in the payin ment of assessments, whole or in part, shall not be entitled to such an allocation unless such delinquency, together with costs of collection and penalties, shall have been paid in full as of the date such allocation is made. In addition, if and when the Issuer subsequently collects delinquent assessments through a sale of property or otherwise, the owners of property whose assessments were paid in full as of the time of the allocation from the Reserve Fund, as provided in the immediately preceding sentence, shall be entitled to receive their pro rata share of such additional amounts as provided calculated above, but not to exceed the difference between their portion of the original deposit of from the proceeds Assessment Bonds in the Reserve Fund and the amount allocated to them from the Reserve Fund as provided above. In the event insufficient assessments are collected by the Issuer to make the debt service payments on the Assessment Bonds, the Issuer shall draw on the Reserve Fund to make up such deficiency. In the event the amount on deposit in the Reserve Fund is less than Fund Reserve the Requirement, the Issuer will replenish this Reserve Fund as provided in the bond resthe olution authorizing issuance of assessment bonds. 11. Section No assessContestability. ment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity or justice of the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the Issuer to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. Such action must be commenced and summons must be served on the Issuer not later than 30 days after the effective date of this Ordinance. This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the period provided in this section: (a) The special assessment bonds issued or to be issued against the District and the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and (b) No suit to enjoin the issuance or payment of the bonds, the levy, collection or enforcement of the assessment, or in any other manner attacking or questioning the legality of the bonds or assessments may be instituted in this state, and no court shall have authority to inquire into these matters. Section 12. Notice to Owners. The Property Treasurer is hereby authorized and directed to give notice of assessment by mail to the property owners in the District. Said notice shall, among other things, state the amount of the assessment and the terms of payment. A copy of the form of notice of assessment for examination upon request at the office of the Town Clerk. All 13. Section Necessary Action Approved. The officials of the Issuer are the Issuer are hereby authorized and directed to take all action necessary and appropriate to effectuis available ate the provisions of this Ordinance. Section 14. Repeal of Provisions. All Conflicting ordinances or parts thereof in with conflict this Ordinance are hereby repealed. Section 15. Publication of Ordinances. Immediately after its adoption, this Ordinance shall be signed by the Mayor Pro Tern and Town Clerk and shall be recorded in the Ordinance book kept for that purpose. This Ordinance shall be published once in the Lehi Free Press, a newspaper published and having general circulation in the Issuer, and shall take effect immediately and upon its passage approval and publication as required by law. AND PASSED APPROVED by the City Council of the Issuer, this 13th day of November, 1997. DC. Watt Mayor Pro Tem ATTEST: Janet B. Valentine Town Clerk Published in the Lehi Free Press Nov. 19, 1997. |