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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. -2- 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. £ Mayor