Show AN ORDINANCE an ordinance of tho the city of richfield Richtie ld amending an ordinance passed by said city on the day of november 1919 and made effective one day thereafter providing for a levy on abutting property of certain streets of the said city of a sufficient tax to pay certain improvement warrants issued by the city of richfield RIchtie ld BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD COUNTY OF SEVIER AND STATE OF UTAH AS FOLLOWS see sec 1 whereas the said city of richfield was on the ath day of september 1922 sued in the district court of sevier county by certain of its citizens and whereas the judge of said court did on said day decree that certain of the assessments made against abutting property on some of the streets of said city was illegal excessive and the said ordinance is hereby amended in the following manner to conform to ohp decree of said court sec 2 paragraph six of section one of said ordinance is amended to read as follows the tax is levied to defray the expenses of grading and guttering with cement constructing drainage system to carry water along and across streets and intersections constructing private driveways ways and paving with two inches of wearing surface on a six inch concrete base said pavement on main street to be seventy feet between curbs tho the same to extend from second south street to third north street on main alain and forty feet between curbs between second south street and third south street and thirty six feet between curbs between third south street and fifth south street on main said pavement on third north street to be 40 feet between main and first east street and thirty six feet between curbs between first east and a point feet east of seventh east street on said third north street said pavement on sixth east street between third north and center to be thirty six feet between curbs and said pavement on center street between sixth east street and first east street to be thirty six feet between curb lines and a width of forty feet between curb lines between main and first east street the property hereinafter described is adjudged and determined to be especially benefited by said paving improvement to the full amount of the tax hereby levied and the parcels of land hereinafter described are hereby assessed with said improvement tax as follows the sum of on the 70 foot road way or tho the sum of 1212 per linear foot on all property abutting on said road way the same being 70 feet between curb lines the further sum of on property abutting upon tho the forty toot foot road way or the sum of per linear toot foot on said abutting property the further sum of or the sum of on each linear foot abutting upon said 36 foot road aay way and the further sum of for private drives or the sum of for each of said private drive ways the treasurer of the city of richfield Richtie ld is hereby authorized and directed to a assess in accordance with the provisions of 0 this ordinance for the purposes heroin herein set forth all other provisions of said ordinance not herein revised in said paragraph six are made applicable to this ordinance which shall include paragraphs one two three tour four and five of section one and all of section two which is not intended d to be amended by any ally provisions of this ordinance see sec 3 the treasurer of this city is authorized and hereby directed to notify all property owners affected by the changes made by reason of the amendments herein made and to renter reenter re enter upon the books of account of the city a new schedule of assessments 6 to conform to the provisions of this ordinance and to ic advertise for sale all delinquent assessments for the year 1920 and for the year 1921 with such changes made spec tive delinquent in the he respective assessments as will conform to the provisions provision s herein and in the event such delinquent treasurer assessment be not paid then the said shall sell the property so advertised for sale as provided by law for the sale of property on account in ent of any other delinquent special assessment sec 4 the district court of 0 sevier county state of utah having entered its decree that this city shall assume to pay out of such funds as may be available to the warrant holders of street paying paving district no I 1 the sum of with interest of the indebtedness created by reason of the special improvements warrants issued by the city in favor of oc said warrant holders in the total sum of OS and in accordance with said decree the said city of richfield Richtie ld does hereby assume said obligation to the extent of the said the same to be paid to said warrant holders in eight equal payments the first of which shall be paid december 1923 1922 pursuant to said provisions the said city will assume to pay to said warrant holders annually for the next ensuing eight years the sum of with accrued interest as provided by the terms of said warrants and for the of purpose raising and securing said money the city of richfield does hereby create a special fund to be known as the DEFICIT STREET PAVING DISTRICT FUND and does hereby make a levy of two and one half mills on the dollar for each year for the next ensuing eight years on the taxable property of this city or so much thereof of said levy as shall be necessary to secure said amount of money as the same shall become due and in the event said levy shall not be sufficient to raise the necessary funds to be placed to the credit of said fund the city shall make the same good out of any funds available in the cites general and contingent fund see sec 5 the city treasurer is hereby authorized and directed to refund to any abutting owner of property upon either the said 36 toot foot road way or the 40 toot foot roadway any excess payment made as shall appear to be so in excess of the required amount to be paid under the new schedule referred to in see sec 3 of this ordinance said refund shall be made on a basis of one eighth thereof each year hereafter tor for eight years the t first refund to be made december 21 1922 it is provided however that no refund shall be made to any interested party affected by the provisions of 0 this ordinance except such parties who have made an excess payment on the entire amount due by reason keason of said special tax tas assessment as shall appear by the said new schedule this ordinance shall be in force aud and effect as soon as the same shall have been duly passed and approved by the city council ot of the city of richfield Richtie ld passed and approved this ath day of september 1922 R GARN CLARK maor ma or councilmen voting aye ay H J hansen C P christensen peter nielson adolph nielsen councilmen voting nay none councilmen absent leslie poulsen attest LIZZIE H HANSEN AN S E N seal city recorder 3 37 |