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ORDINANCE NUMBER 295 AN ORDINANCE DECLARING THE DETERMINATION OF THE BOARD OF COMMISSIONERS OF THE CITY OF LAS VEGAS TO MAKE CERTAIN IMPROVEMENTS IN THE CITY OF LAS VEGAS BY GRADING FOR AND SURFACING WITH ASPHALTIC CONCRETE SURFACE CERTAIN STREETS AND PORTIONS OF STREETS IN SAID CITY: DESCRIBING DEFINITELY THE LOCATION OF SAID IMPROVEMENTS PROVIDING THAT THE COST AND EXPENSE THEREOF SHALL BE PAID ENTIRELY BY SPECIAL ASSESSMENT UPON ALL THE LOTS INCLUDING THE SPECIAL ASSESSMENT DISTRICT HEREBY ESTABLISHED ACCORDING TO BENEFITS, EXCEPT WHERE, BY THE CHARTER OF THE CITY OF LAS VEGAS, CERTAIN PORTIONS THEREOF ARE REQUIRED TO BE PAID FROM THE GENERAL FUND OF SAID CITY OF IAS VEGAS, AND OTHER MATTERS RELATING THERETO. THE BOARD OF COMMISSIONERS OF THE CITY OF IAS VEGAS DO ORDAIN AS FOLLOWS: Section 1. The Board of Commissioners of the City of Las Vegas has determined to make the following improvements in the City of Las Vegas, said improvements to be made in accordance with the plats, diagrams, and estimates of costs on file in the office of the City Clerk of Las Vegas: To grade and surface with two-inch (2") asphaltic concrete surfacing material upon the following street in the City of Las Vegas, to-wit: Third Place from south edge of the present street improvements on Charleston Boulevard. Section 2. That the cost and expense of making such improvements as described in Section 1 of this ordinance shall be paid by special assessment to be made according to benefits upon the taxable lots and premises situate in the special assessment district hereby created, composed of the following lands, to-wit: Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Beckley Subdivision to Las Vegas, Nevada as shown in Book 2 of Plats, Page 24, except where the Charter of the City of Las Vegas certain portions thereof are required to be paid from the General Fund of the City of Las Vegas. Section 3. That the Ex-Officio Assessor of the City of Las Vegas shall hereafter by ordinance, be empowered and authorized and directed to prepare a special assessment roll which shall include the lots and premises and owners, as provided for in the City Charter of the City of Las Vegas. After said special assessment roll as herein provided for, shall have been prepared and submitted, it shall be reported to the Board of Commissioners of the City of Las Vegas and thereafter it shall be filed in the office of the City Clerk and numbered, and notice thereof shall be given to all persons interested, of the time when said Board of City Commissioners and ex-officio City Assessor will meet to review the assessment, at which time the said Board of City Commissioners shall hear and and all suggestions and objections that may be filed against said assessment, and shall at that, or some adjourned meeting, correct the same or confirm it as reported or corrected, or they may refer it back to the ex-officio City Assessor for revision, or annul it and direct a new assessment, and proceed as in the City Charter directed, until the same shall be confirmed by the Board of City Commissioners; The City Clerk shall make an endorsement upon the said assessment roll when said roll has been confirmed by the Board of City Commissioners, thereby showing the date of confirmation as provided in the Charter and shall thereupon deliver said roll, as confirmed by the Board of City Commissioners with his certificate of such confirmation and of the date thereof, to the County Assessor, acting ex-officio City Assessor, and said ex-officio City Assessor shall thereupon, without extra compensation, record the said assessment roll as in the Charter provided, and append thereto his certificate of the date of such recording, Whereupon from said data all persons shall be deemed to have notice of the contents of the same and when said roll is so endorsed and recorded, it shall be prima facia evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof, and of the validity of said agreements and assessment roll, by the Board of City Commissioners; after the said special assessment roll has been confirmed and recorded, the several amounts levied thereon shall be due and payable and shall constitute and a lien upon the respective lots and parcel of land and improvements assessed, and shall be charged against the persons and properties until paid. Section 4. That as soon as the said special assessments roll, as provided, for in Section 3 of this ordinance, shall have been confirmed and recorded, the several amounts contained therein and levied on and against the properties therein, shall be due and payable at once, and shall be paid to the County Treasurer and ex-officio Tax Receiver of the County of Clark, State of Nevada, ex-officio Treasurer and Tax Receiver of the City of Las Vegas, and be by that officer paid into the credit to the special fund to be known as and called "Las Vegas 1945 Third Place Street Fund," and all costs and expenses incurred in making said improvements, as in this ordinance contained, shall be charged to and paid out of said fund. Provided, however, that in the event it becomes necessary to draw on the General Fund of the City of Las Vegas to defray any of the costs and expenses of making any of the said improvements, except as otherwise provided for by the Charter of the City of Las Vegas, that the said General Fund shall be reimbursed by transfer of funds from said "Las Vegas 1945 Third Place Street Fund," as soon as the condition of the same will permit. And provided further, that where there shall be lands belonging to the City, or public grounds not taxable, abutting on such improvements, or such improvements shall be made upon interior squares or spaces, formed by the intersection of Streets and spaces opposite alleys, such part of the expense of such improvements as, in the opinion of the Board of Commissioners or Assessor making such special assessment, would be justly apportionable to such public ground, the City property, and to any interior spaces formed by the intersection Of streets where the abutting property is taxable, shall be paid from the General Fund, or be stood and borne by the City of Las Vegas, and the balance of such expense shall be assessed upon the taxable lots included in such special assessment district in proportion to the estimated benefits resulting thereto from the improvement. Section 5. This Ordinance shall be in effect from and after its passage and adoption and publication for a period of two (2) weeks, that is to say, once each week in the Las Vegas Evening Review Journal_____, a daily newspaper published in the City of Las Vegas. Section 6. The City Clerk and Clerk of the Commissioner's Board of the City of Las Vegas is hereby authorized and directed to have this Ordinance No. 295 published for two (2( weeks, that is to say once each week for two (2) successive weeks in the Las Vegas Evening Review Journal, a daily newspaper published in the City of Las Vegas.