HomeMy WebLinkAbout0273 Intent to Sell Parcels 1985ORDINANCE NO. 273
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, EXPRESSING
AN INTENT TO SELL, CONVEY OR EXCHANGE CERTAIN DESCRIBED
REAL PROPERTY OWNED BY THE CITY; DIRECTING THAT SAID
PARCELS FIRST BE APPRAISED; AUTHORIZING SALE FOR CASH OR
TERMS OF SAID PARCELS BY PUBLIC AUCTION TO THE HIGHEST
BIDDERS FOR AMOUNTS EQUALING OR EXCEEDING THE
APPRAISALS; RESERVING TO THE CITY THE RIGHT TO REJECT
ANY OR ALL BIDS ON ANY PARCEL; PROHIBITING SUCH SALE
FROM OCCURRING UNTIL SIXTY DAYS HAVE EXPIRED FROM THE
DATE OF PASSAGE OF THIS ORDINANCE AND A PUBLIC HEARING
HAS BEEN HELD DURING THAT PERIOD; PROVIDING THAT
PROCEEDS FROM SALES SHALL BE USED TO DISCHARGE CITY
INDEBTEDNESS OR FOR PUBLIC IMPROVEMENTS; PROVIDING THAT
IF THE PROPERTY IS NOT SOLD AT PUBLIC AUCTION, THE SAME
MAY BE EXCHANGED FOR OTHER PROPERTY WITHOUT FURTHER
NOTICE OR ACTION; PROTECTING THE REMAINING PROVISIONS OF
THIS ORDINANCE IF ONE PROVISION SHOULD BE HELD INVALID;
AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1. Declaration of Intent. The Mayor and Council of
the City of Chubbuck, Idaho do hereby declare their intent,
pursuant to Idaho Code Sections 50-1401 and 50-1403, to sell,
convey or exchange the following described parcel of real
property, together with improvements and appurtenances, located in
Bannock County, Idaho:
The South half of the North half of the North half of
the Southeast quarter of the Northwest quarter of
Section 10, Township 6 South, Range 34 East of the Boise
Meridian.
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SECTION 2. Appraisals. Immediately following the effective
date of this ordinance, unless accomplished earlier, the Mayor
shall cause the above-described parcel to be appraised in writing
by one or more qualified persons.
SECTION 3. Authorization of Sale. When the results of
appraisal have been received, the city clerk shall cause to be
published in the Idaho State Journal, the official newspaper of
the city, a "Notice of Sale at Public Auction," describing the
realty in question, specifying its appraised value as the minimum
acceptable bid, stating that said realty will be sold for cash or
terms to the highest bidder, indicating how the highest bid will
be awarded, and reserving to the city the right to reject any and
all bids.
SECTION 4. Interim Period and Hearing. Notwithstanding the
foregoing provisions, the sale of said parcel shall not occur
until at least sixty days have expired from the date of passage of
this ordinance, to provide time for the filing of petitions
in opposition, if any, as prescribed by Idaho Code ~50-1403.
During that period, on December 10, 1985, at 7:30 p.m., at the
Chubbuck City Offices, 5160 Yellowstone, the City Council shall
hold a public hearing on the proposed sale. Publication of this
ordinance shall constitute notice of the hearing.
SECTION 5. Proceeds of Sale. Proceeds from sale of parcel
shall be used to pay the indebtedness existing against the city or
for needed public improvements, as authorized by Idaho Code
~50-1407.
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SECTION 6. Exchange or Sale Following Public Auction. If
the parcel is not sold at the public auction provided for in
Section 3, the Mayor and Council may, without further notice or
action, exchange all or part of the parcel for other property
pursuant to the provisions of Idaho Code ~40-1405. If no bids are
received, the City Council shall have authority to sell the parcel
as it deems in the best interest of the city, pursuant to the
provisions of Idaho Code ~40-1404.
SECTION 7. Severability. If any section, paragraph,
clause, or provision of this ordinance is held invalid by any
court of competent jurisdi6tion, for any reason, such holding
~shall not affect the validity or enforceability of any of the
remaining provisions.
SECTION 8. Effective Date. The rule requiring ordinances
to be read on three separate occasions is hereby dispensed with,
and this ordinance shall become effective upon its approval and
publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR, of the City
of Chubbuck, Idaho, this 12th day of November, 1985.
~YOR
.ATTEST:
CITY CLERK
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