HomeMy WebLinkAbout11 04 1988 Ord. 311LEGAL NOTICE
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO, 311
AN ORDINANCE OF THE CITY OF
CHUBBUCK, IDAHO, EXPESSING AN
INTENT TO SELL, CONVEY OR EX-
CHANGE CERTAIN DESCRIBED REAL
PROPERTY OWNED BY THE CITY;
AUTHORIZING SALE FOR CASH OR
TERMS OF SAID PARCEL BY PUBLIC
AUCTION TO THE HIGHE-ST BIDDERS
FOR AMOUNT EQUALING OR EX.
CEEDING THE APPRAISALS: RE-
SERVING TO THE CITY THE RIGHT
TO REJECT ANY OR ALL BIDS ON
ANY PARCEL; PROHIBITING SUCH
SALE FROM OCCURRING UNTIL SIX-
TY DAYS HAVE EXPIRED FROM THE
DATE OF PASSAGE OF THIS ORDI-
NANCE AND A PUBLIC HEARING HAS
BEEN HELD DURING THAT PERIOD;
PROVIDING THAT PROCEEDS FROM
SALES SHALL BE USED TO DIS-
CHARGE CITY INDEBTEDNESS OR
FOR PUBLIC IMPROVEMENTS; PRO-
VIDING THAT IF THE PROPERTY IS
NOT SOLD AT PUBLIC AUCTION, THE
SAME MAY BE EXCHANGED FOR
OTHER PROPERTY WITHOUT FUR-
THER NOTICE OR AUCTION; AND
REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS
OF THIS ORDINANCE; AND PROVID-
ING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE. �r
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 Chub -
buck, 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 improve-
ments and appurtenances, located in Ban-
nock County, Idaho:
The Southhal of the North half of the
North half of th Southeast quarter of the being first duly sworn on oath deposes and says: That
OF PUBLICATION
Julie A. Potter
she
Northwest qua er of Section 10, Town-
ship 6 south, R ge 34 East of the Boise was at all times herein mentioned a citizen of the United States of Ameri-
Meridian.
SECTION 2. Appraisals. This property ca; more than 21 years of age, and the Principal Clerk of THE IDAHO
has been appraised and said appraisals
shall be updated prior to sale. STATE JOURNAL, a daily newspaper, printed and published at Pocatello,
SECTION 3. Authorization of Sale. After
the updated appraisal is received, the
City Clerk shall cause to the published in Bannock County, Idaho, and having a general circulation therein.
the Idaho State Journal, the official
newpaper of the the city, a "Notice of
Sale at Public Auction," describing the
realty in question, specifying its ap- That the document or notice, a true copy of which is attached, was
praised value as the minimum acceptable
bid, stating that said realty will be sold published in the said IDAHO STATE JOURNAL, on the following dates,
for cash or terms to the highest bidder,
indicating how the highest bid will be to -wit:
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 ordi-
nance, to provide time for the filing of
petitions in opposition, if any, as pre-
scribed by Idaho Code Section 50-1403, On
November 8, 1988, 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 the sale of this parcel shall be used
to pay the indebtedness existing against
the city or for needed public improve-
ments as authorized b Idaho Code
November 4 19 88
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That
That said paper has been continuously and uninterruptedly published
Section 50-1407. y in said County for a period of seventy-eight weeks prior to the publication
SECTION b. Exchange of Sale Following
Public Auction. If the parcel is not sold at of said notice or advertisement and Is a newspaper within the meaning
the public auction provided for in Section
3, the Mayor and Council may, without of the laws of Idaho.
further notice or action, exchange all or
part of the parcel for other property
pursuant to the provisions of Idaho Code
Section 50-1405; provided the Council
finds, pursuant to Idaho Code Section 50-
1404, that the consideration received by
the City in exchange is adequate. If no
bids are received, the City Council shall
have authority to sell the parcel as it
Subscribed and sworn to before me this
deems in the best interest of the city, day of
pursuant to the provisions of Idaho Code
Section 50-1404.
ADMINISTRATIVE PROVISIONS
Sertinn 1 RPnaaf of f n fu,tin n,m.
November 19-88.
4th
PROOF OF PUBLICATION
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aux. 'PooMrSi[0H_ _gi�c°�u�rcation
of this ordinance shall constitute notice of
the hearing.
SECTION S. Proceeds of Sale. Proceeds
from the sale of this parcel shall be used
to pay the indebtedness existing against
the city or for needed public improve-
ments, as authorized by Idaho Code
Section 50-1443.
SECTION 6. Exchange of 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
Section 50-1405; provided the Council
finds, pursuant to Idaho Code Section So -
1404, that the consideration received by
the City in exchange is adequate. 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
Section 50-1404,
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordi-
nances. 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 juris-
diction, such holding shall not affect the
validity or enforceability of any of the
remaining provisions.
Section 3. Effective Date. The rule requir-
ing 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 publica-
tionl as provided by law.
PAI SED BY THE COUNCIL AND AP -
PR' V . BY THE MAYOR OF THE
CI1rY OF CHUBBUCK, IDAHO, this 25th
da� of OCTOBER, 1988.
S/John O. Cotant, Jr.
MAYOR
ATTEST: S/Ron C. Conlin
CITY CLERK
November 4, 1988
No. 406
Julie A. Potter
being first duly sworn on oath deposes and says: That she
was at all times herein mentioned a citizen of the United States of Ameri-
ca, more than 21 years of age, and the Principal Clerk of THE IDAHO
STATE JOURNAL, a daily newspaper, printed and published at Pocatello,
Bannock County, Idaho, and having a general circulation therein.
That the document or notice, a true copy of which is attached, was
published in the said IDAHO STATE JOURNAL, on the following dates,
to -wit:
November 4 19 88
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That said paper has been continuously and uninterruptedly published
in said County for a period of seventy-eight weeks prior to the publication
of said notice or advertisement and is a newspaper within the meaning
of the laws of Idaho. /1–)
Subscribed and sworn to before me this
day of November 19_88.
4th
Notary Public, State of Idaho
Residence: Pocatello, Idaho