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0538 Intent to Sell City Property - Mountain Park Sub 2001CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5 3 8 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, EXPRESSING AN INTENT TO SELL, CONVEY OR EXCHANGE REAL PROPERTY OWNED BY THE CITY; AUTHORIZING A 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 ACTION, THE SAME MAY BE EXCHANGED FOR OTHER PROPERTY WITHOUT FURTHER NOTICE OR AUCTION; AND 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. 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 real property, together with improvements and appurtenances, located in Bannock County, Idaho: See Exhibit "A" for Parcel 1 and Exhibit `B" for Parcel 2. Section 2. Appraisals. Each parcel has been appraised for $1,500. Said real property is owned by the City but is not used or has ceased to be used for public purposes. Section 3. Authorization of Sale. 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 parcel in question, specifying its appraised value as the minimum acceptable bid, stating that ORDINANCE - Page 1 chubbuck01.154 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 Heariniz. Notwithstanding the foregoing provisions, the sale of the 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. On the 24th day of April, 2001, at 7:30 p.m., at the Chubbuck City Offices, 5160 Yellowstone, the City Council shall hold a public hearing, as part of the regular Council meeting, on the proposed sale. Publication of this ordinance shall constitute notice of the hearing. Section 5. Proceeds of Sale. Proceeds from the sale of the parcel shall be used to pay the indebtedness existing against the city or for needed public improvements, as authorized by Idaho Code. 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 a parcel for other property pursuant to the provisions of Idaho Code § 50-1405; provided the Council finds, pursuant to Idaho Code § 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 a parcel as it deems in the best interest of the City, pursuant to the provisions of Idaho Code § 50-1404. 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. ORDINANCE -Page 2 chubbuck01.154 • 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 2 3Rnday of JANUARY , 2001. ,mss/,`gin JAn • Cotant,•R ATTEST: Ron C. Conlin, CITY CLERK ORDINANCE -Page 3 chubbuck01.154 A parcel of land located in the East % of the Northwest %, of Section 11, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, and more particularly described as follows: Commencing at the Southeast comer of Lot 24, Block 4 of Mountain Park Subdivision, said corner being the TRUE POINT OF BEGINNING; Thence N'26042'25" W for a distance of 175.27 feet to the Northeast corner of said Lot 24, Block 4 of Mountain Park Subdivision; Thence S 33°48'10" E for a distance of 72.83 feet; Thence S 21042'38" E for a distance of 103.39 feet to the TRUE POINT OF BEGINNING. This parcel contains 788.71 square feet more or less. This description has been prepared from record information. No field surveys have been completed. 0 • EXHIBIT B A parcel of land located in the East % of the Northwest 1/4 of Section 11, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, and more particularly described as follows: Commencing at the Southeast comer of Lot 1, Block 4 of Mountain Park Subdivision, said comer being the TRUE POINT OF BEGINNING; Thence N 26°42'25" W for a distance of 145.26 feet to the Northeast corner of said Lot 1, Block 4 of Mountain Park Subdivision; Thence S 28°42'54" E for a distance of 145.35 feet; Thence S 63°17'45" W for a distance of 5.10 feet to the TRUE POINT OF BEGINNING. This parcel contains 370.41 square feet more or less. This description has been prepared from record information. No field surveys have been completed.