HomeMy WebLinkAbout0795 Lea Avenue & Lamar Street21909951
CITY OF CHUBBUCK
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CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 7J5 -
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ANNEXING THE
RIGHT-OF-WAY OF LEA AVENUE AND LAMAR STREET AS DEPICTED ON THE
LAMAR ACRES NO. I SUBDIVISION PLAT TO BE INCLUDED WITHIN THE
BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO;
SPECIFYING THE ZONING CLASSIFICATION WHICH SHALL BE APPLIED TO SAID
LANDS NEWLY ANNEXED TO THE CITY OF CHUBBUCK; DIRECTING THE
CHUBBUCK CITY CLERK TO RECORD THE ORDINANCE WITH BANNOCK COUNTY;
REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN
THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. History. This property was previously annexed into the City by Ordinance
No. 768 adopted April 19, 2017, to address jurisdictional issues between the City and Bannock
County regarding road maintenance for Lea Avenue and Lamar Street and to recognize the fact
that Brookstone Subdivisions phases would soon be adjacent to the streets and within the city.
Without annexation, the county would be going over city streets to maintain small sections of
these streets that would remain in the county. Bannock County and Chubbuck agreed to have
Chubbuck maintain these streets. The Idaho State Tax Commission rejected the Ordinance as a
shoe string annexation. House Bill 193 adopted by the 2019 Idaho Legislature amended Idaho
Code § 63-215 to remove the ability of the State Tax Commission to invalidate the ordinance.
This ordinance is being re -adopted for the reasons that led to the adoption of the original
Ordinance No. 768.
Section 2. Annexation. The following described lands, located within Bannock
County and contiguous to the existing boundaries of the City of Chubbuck, Idaho are hereby
annexed and included within the boundaries and jurisdictional limits of the City of Chubbuck,
Idaho:
Lea Avenue and Lamar Street as depicted on the Lamar Acres No. 1 Subdivision Plat on
ANNEXATION AND ZONING - Page 1
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21969651
file with the Bannock County Recorder
Section 3. Zoning. The above-described lands newly annexed to the City of Chubbuck,
Idaho, shall be subject to the zoning classification of R-1, Single Family Residential.
Section 4. Recording. The Chubbuck City Clerk is hereby directed to cause the
ordinance to be recorded in the records of Bannock County.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
Section 2. Severability. If any provision of this ordinance is held invalid, for any reason,
by any court of competent jurisdiction, such holding shall not affect the validity or enforceability
of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall
become effective upon its passage, approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this T�day of 92019.
Ke in B. England, M
ATTEST:
4Jos, ITY CLERK
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SUMMARY OF ORDINANCE NO.
An ordinance of the City of Chubbuck, Idaho, re -adopting Ordinance Number 768 to
annex the right-of-way of Lea Avenue and Lamar Street as depicted on the Lamar Acres No. 1
subdivision plat to be included within the boundaries and jurisdictional limits of the City of
Chubbuck, Idaho; specifying the zoning classification of R-1, Single Family Residential which
shall be applied to said lands newly annexed to the City of Chubbuck; directing the Chubbuck
city clerk to record the ordinance with Bannock County; repealing prior conflicting ordinances;
providing for the severability of the provisions of this ordinance; and providing when this
ordinance shall become effective.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 7y and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this
SUMMARY OF ORDINANCE - Page 1
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day of
J v�( , 2019.