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
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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 )
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Mayor