HomeMy Public PortalAboutORD-CC-1978-01ORDINANCE NO, 1-78
An Ordinance confirming the assessment roll and levying a tax and
providing for the assessment of property in curb and gutter and sidewalk
Special Improvement District No. 4 for Moab City, Utah for the purpose
of grading, paving, constructing curb and gutter and appurtenant drainage
facilities, sidewalks, and private driveways and such other necessary
construction incidental thereto.
BE IT ORDAINED BY THE CITY COUNCIL OF MOAB CITY, UTAH:
Section 1. That the City Council of Moab City, Utah, hereby confirms
the assessment roll as corrected and adjusted by the Board of Equalization
and Review for Street Paving, Curb and Gutter and Sidewalk Special
Improvement District No. 4 for Moab City, Utah, and hereby confirms the
findings of the Board of Equalization and Review that the proposed lists
of assessments as equalized by the Board of Equalization and Review are
just and equitable and has not increased the amount of the proposed
assessment against any piece of property and that no assessment on the
assessment list as corrected by the Board of Equalization and Review exceeds
the benefit to be derived from the improvements by the property so assessed
and that no piece of property listed in said assessment list will bear more
than its proportionate share of the cost of such improvements.
Section 2. That the City Council of Moab City, Utah does hereby
levy a tax and provide for the assessment of the same upon the real
property shown upon said assessment roll in the amount of assessments listed
therein and upon the real property hereinafter described as being located
within the limits of Street Paving, Curb and Gutter and Sidewalk Special
Improvement District No. 4 in and for Moab City for the purposes of
grading, pavina, constructing curb and gutter and appurtenant drainage
facilities, sidewalks, and private driveways and such other necessary
construction incidental thereto adjacent to the property hereinafter
described and abutting and fronting upon the following described streets
in Moab City, Utah, to -wit:
STREET PAVING PORTION:
Park Drive Both Sides
Park Drive Both Sides
Taylor Avenue
McGill Boulevard
Both Sides
Both Sides
CURB AND GUTTER PORTION:
Park Drive Both Sides
McGill Boulevard South Side
500 West Street North Side
SIDEWALK PORTION:
Park Drive Both Sides
PRIVATE DRIVEWAYS PORTION:
from 500 West Street to 210+ feet East of
500 West Street.
from East side of Emerald Subdivision to
70 + feet West of East side of Emerald
Subdivision.
from McGill Boulevard to 94' East of
McGill Boulevard.
from 500 West Street to McCormick Boulevard
from East side of Emerald Subdivision to 70
feet West of East side of Emerald
Subdivision.
from 500 West Street to 277 feet East of
500 {nest Street.
from McGill Boulevard to 80 feet North of
McGill Boulevard
from East side of Emerald Subdivision to 70
feet West of East side of Emerald
Subdivision.
Lot 6 and 7, Block 5, Canyon View Estates Subdivision, McGill Boulevard.
Lot 16, Block B, Emerald Subdivision, Park Drive.
Lot 8, Block C, Emerald Subdivision, Park Drive.
This tax shall be levied to defray the expense of constructing the
above -described improvements consisting of grading, paving, constructing
curb and gutter and appurtenant drainage facilities, sidewalks, and
private driveways and such other necessary construction incidental
thereto upon all property, lots, pieces or parcels of land fronting
or abutting upon or adjacent to the streets above -mentioned to the full
depth, but not to exceed 143 feet in depth, of all such property, lots,
pieces of, or parcels, land and to defray the abuttor's portion of the
cost and expense thereof by local assessment upon the lots or pieces of
land to be affected or benefited by said improvements fronting or abutting
upon said streets above mentioned within Street Paving, Curb and Gutter
and Sidewalk Special Improvement District No. 4 of Moab City, Utah,
a special assessment is hereby ordered and levied against and upon all
property, lots, parcels or pieces of land fronting or abutting said
streets above -mentioned to defray the expense of constructing said
improvements consisting of grading, paving, constructing curb and gutter
and appurtenant drainage facilities, sidewalks, and private driveways
and such other necessary construction incidental thereto in Street Paving,
Curb and Gutter and Sidewalk Special Improvement District No. 4 of Moab
City, Utah, adjacent to the streets and real property as described in
this ordinance and it is hereby adjudged, determined, and established
that said abutting and fronting property will be especially benefited
thereby to the full amount of the tax hereby levied and assessed, and that
said parcels of land as front and abut the streets hereinabove described
are hereby assessed at a uniform rate in accordance with the linear front
footage upon said portion of said streets and to the entire depth
thereof of said property but not exceeding 143 feet in depth, and the
said tax is hereby levied and is to be assessed upon said abutting
pieces and parcels of land in the total sum of Sixteen Thousand Two
Hundred Seventy -Six and 16/100 Dollars ($16,276.16) and that said sum
amounts to an assessment of $.36 per square foot for street grading
and paving; $5.00 per front foot for curb and gutter; $1.25 per square
foot for sidewalk; $2.00 per square foot for driveways and driveway
sidewalks, plus a cost for any appurtenances directly benefiting the
properties, which said sum does not exceed the total cost of the
improvements, which includes the total contract price plus an amount
equal to but not exceeding fifteen percent (15%) thereof to cover the
actual cost of engineering, inspection, publishing, and mailing notices and
making the levy; and the City Treasurer of Moab City, Grand County, Utah,
is hereby authorized and directed to assess in accordance with the
provisions of this ordinance for the purposes herein mentioned the
property hereinabove and hereinafter described, and a tax is hereby
levied to be assessed by said Treasurer upon all lots, pieces, or parcels
of land to be benefited or affected by said improvements; said tax shall
be upon the lineal front footage of said property, lots, pieces, or
parcels of land to be benefited or affected by said improvement.
A11 of the land and real property within Street Paving, Curb and
Gutter and Sidewalk Special Improvement District No. 4 for Moab City,
Utah, benefited by the improvements constructed in said District and
affected by the tax and assessment levied for said District is located
and situated within the following described real property boundaries:
Block A, Plat A, Utex Subdivision;
Block 4 and 5, Canyon View Estates Subdivision;
Blocks A, B, and C, Emerald Subdivision.
Section 3. The assessment list made by the City Treasurer as
corrected, approved, equalized and completed by the Board of Equalization
and Review of the property described in Section 2 of this ordinance being
included within Street Paving, Curb and Gutter and Sidewalk Special
Improvement District No. 4 for Moab City is hereby confirmed and the
assessments made and returned in said completed list and the report and
recommendations of the Board of Equalization and Review to the City
Council of Moab City, Utah, are hereby ratified, approved and confirmed.
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111-6,40*
Section 4. Said tax shall be payable in ten (10) equal yearly
installments as provided by law and ordinance, with interest on the whole
sum unpaid at the rate of six percent (6 %) per annum, payable at the
time each installment is due; provided, however, that one or more of such
installments in the order payable, or the whole tax, may be paid without
interest within fifteen days from the date this ordinance becomes effective.
One or more installments in the order in which they become due, or the whole
special tax may be paid after said fifteen days and before the first installment
becomes due by paying the same with interest from the date of levy to the
date such first installment is due. One or more installments in the order
in which they are made payable, or the whole special tax, may be paid on the
day any installment becomes due by paying the amount thereof and interest to
date of payment. Default in the payment of any such installment or principal
or interest when due shall cause the whole of the unpaid principal or interest
to become due and payable immediately, and the whole amount of the unpaid
principal shall thereafter draw interest at the rate of ten percent (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 installments past
due, with interest at the rate of ten percent (10%) per annum to date of
payment on the delinquent installments, and all accrued costs and shall
thereupon be restored to the right thereafter to pay in installments in the
same manner as if default had not occurred.
017 Section 5. The City Council of Moab City, Utah, has heretofore
4 created a Special Improvement Guaranty Fund and shall at the time of each
annual appropriation ordinance provide for the levying of a tax of one mill
in each year to create a fund for the purpose of guaranteeing to the extent
of such fund the payment of special improvement bonds or warrants and interest
thereon issued against special improvement districts for the payment of local
improvements therein all in the manner provided in Section 10-16-31, Utah
Code Annotated, 1953.
Section 6. That the officials of Moab City, Utah, be and they are
hereby authorized and directed to take all action necessary or appropriate
to effectuate the provisions of this ordinance.
Section 7. That all ordinances or parts thereof in conflict with
this ordinance are hereby repealed. After the bonds of said improvement
district for Moab City, Utah, have been hereafter ussued, this ordinance
shall constitute a contract between Moab City and the holder, or holders,
of said bonds and shall be and remain irrepealable until said bonds and interest
accruing thereon shall have been fully paid, satisfied and discharged.
Section 8. The City Recorder shall deliver to the City Treasurer
a certified copy of the ordinance levying such tax and such Treasurer shall
without delay give at least five (5) days notice in one or more newspapers
having general circulation in Moab City, Utah, of the time when such tax will
become delinquent.
Section 9. That an emergency is hereby declared, the preservation
of the peace, health and safety of Moab City and the inhabitants thereof
so requiring, that 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 and said ordinance shall be published in the
Times -Independent, a newpaper published and of general circulation in
Moab City, Utah, and that this ordinance shall take effect immediately
upon its passage and approval and publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF Moab City, Utah,
this /31stday of January, 1978.
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Mayor