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HomeMy Public PortalAboutORD-CC-1963-06ORDINANCE NUMBER 6-63 AN ORDINANCE PROVIDING ADDITIONAL PROCEDURE WITH RESPECT TO TII1�, I,EVY OF' SPECIAL TAXES UNDER AUTHORITY OF ARTICLE 7 OF CHAPTER 7 OF 'TITLE 10, UTAH CODE. ANNOTATED, 1953; PROVIDING FOR THE GIVING OF ADDITIONAL NOTICE OF INTENTION REQUIRED BY SECTION 10-7.41 FND THE HEARING REQUIRED BY SECTION 10-7-40, UTAH CODE ANNOTATED, 1953; AND PROVIDING PROCEDURE FOR THE MANNER IN WHICH SUCH HEARING IS TO BE CONDUCTED, BE IT ORDAINED by the City Council of the City of Moab, Grand County, Utah, as follows; SECTION ONE. THAT in addition to the publication or posting of the notice of intention to make improvements as provided by Section 10-7-41, Utah Code Annotated, 1953, a copy of such notice shall,at least 20 clays prior to the date fixed in such notice for the filing of protests to the making of such improvements, be mailed, postage prepaid to each owner of land to be assessed within the pro- posed special improvement district, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the County wherein said affected property is located, and in addition a copy of such notice shall be addressed to "Owner" and shall be so mailed, addressed to the street number of each piece of improved property to be affected by the assessment. SECTION TWO. That in addition to the publication or posting of the notice as provided by Section 10-7-40, Utah Code Annotated 1953, and as hereinafter provided, a copy of such notice shall, not less than twenty days prior to the date on which the Board of Equalization and Review will begin its sittings, be trailed, postage prepaid to each owner of land to be assessed within the proposed special improvement district, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of the county wherein said affected property is located, and in addition a copy of such notice shall be addressed to "Owner" and shall be so trailed, addressed to the street number of each piece of improved property to be affected by the assessment. If said notice is published in a newspaper, it shall be published in three con- secutive issues of the newspaper, the first publication to be not less than twenty days prior to the date fixed for the first meeting of the board and if posted shall be posted not less than twenty clays prior to the date fixed for the first meeting of the Board. The aforesaid first meeting may be adjourned or recessed from time to time to a specific place and a specific future hour and day until the work of the board shall have been completed, which meetings shall be during usual business hours and on not less than three consecutive days, and during such time the lists of property and taxes shall be open to public inspection. All meetings of the board pursuant to said section shall be public. SECTION 'THREE. THAT each sitting of the Board of Equalization and Review to be held under Section 10-7-40 aforesaid shall be open and public, and that said board shall at said sittings hear all persons desiring to be heard on the question of benefits accruing to any piece of property against which special taxes are to be assessed and the amount proposed to be assessed. After the sittings have been concluded and after all persons desiring to be heard have been heard the Board of Equalization and Review shall consider the argu- ments presented and shall make such corrections in the proposed list of special taxes as it may consider just and equitable. Such corrections may eliminate one or more pieces of property or may decrease the amount of the special taxes - 2 - proposed to be assessed against any piece of property, but may not increase the amount of any proposed assessment without the giving of new notice and the holding of a new hearing. After such corrections shall have been made, said bohrd shall enter its findings that no proposed special tax on the corrected assessment list exceeds the benefit to be derived from the improve rnent by the piece of property to be specially taxed and that no piece of property so listed will bear more than its proportionate share of the cost of such improve- ment, and shall make its report to the City Council in the manner provided by Section 10-7-40, whereupon said City Council may pros ed with the levy of such taxes. SECTION FOUR. THAT all ordinances or resolutions or parts thereof in conflict with this ordinance are hereby repealed. SECTION FIVE. THAT an emergency is hereby declared. The preserva- tion 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 once in the Times Independent, a newspaper of general circulation in said City, and that this ordinance shall take effect immediately upon its passage and approval and publishing as required by law. PASSED AND APPROVED by the City Couhtil of Moab City, Utah, this 17th day of December. , 1963. ATTEST: City Recorder ( SEAL ) -3 Mayor