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0532 Intent to Sell City Property - Rickert Subdivsion 2000SUMMARY OF ORDINANCE NO. 532 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, declaring the intent to sell real property described as: That certain 22.5' Easement for railroad spur on the North side of Bullock street in the Rickert subdivision according to the official plat thereof on file with the Bannock County Recorder and bearing the following Note: "RAILROAD EASEMENT TO EXIST ONLY AS LONG AS THE RAILROAD TRACKS EXIST. IF THE TRACK ARE REMOVED THE EASEMENT SHALL REVERT TO THE CITY OF CHUBBUCK." Further finding that the railroad track on this parcel has been removed; declaring the property has been appraised for $19,800; finding that the property is owned by Chubbuck but is not or has ceased to be used for public purposes, authorizing publication of a "Notice of Sale at Public Auction", which notice sets forth a sale date of October 10, 2000 at 7:30 pm; providing the appraised value is the minimum acceptable bid, providing the real property will be sold for cash or terms to the highest bidder, reserving the right to reject any and all bids, setting a public hearing date of October 10, 2000 at 7:30 pm at the Chubbuck City Offices, 5160 Yellowstone, Chubbuck; providing the proceeds from sale of the parcel shall be used to pay indebtedness existing against the City or for needed public improvements; providing that if the parcel does not sell at the public auction, the Mayor and Council may exchange all or part of the parcel for other property in accordance with Idaho Code § 50-1405 if the Council finds the consideration adequate; providing if no bids are received the Council shall have the authority to sell the parcel as it deems in the City's best interest pursuant to Idaho Code § 50-1404; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and etlect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City SUMMARY OF ORDINANCE NO. 532 - Page 1 chubbuck07.28b Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 532 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this Z day of July, 2000. SUMMARY OF ORDINANCE NO. 532 - Page 2 chubbuck07.28b CITY OF CHUBBUCK, IDAHO ORDINANCE NO. ✓ -3 2 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 PARCEL 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: That certain 22.5' Easement for railroad spur on the North side of Bullock street in the Rickert subdivision according to the official plat thereof on file with the Bannock County Recorder and bearing the following Note: "RAILROAD EASEMENT TO EXIST ONLY AS LONG AS THE RAILROAD TRACKS EXIST. IF THE TRACK ARE REMOVED THE EASEMENT SHALL REVERT TO THE CITY OF CHUBBUCK." The Council finds the railroad tracks have been removed. Section 2. Appraisals. The parcel been appraised for $19,800.00. Said real property is owned by the City but is not used or has ceased to be used for public purposes. ORDINANCE - Page 1 chubbuck06.29c 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 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 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 10`h day of October, 2000, 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 ORDINANCE - Page 2 chubbuck06.29c 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. 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 25THday of July, 200 . 4"6�_ John O. Cotant, MAYOR ATTEST: Ron C. Conlin, CITY CLERK ORDINANCE - Page 3 chubbuck06.29c PO Box 2618 Pocatello, ID 83205-2618 Telephone 208-234-9800 Fax 208-233-2339 Email pipdev@crsinternet.com Pocatello Industrial Park 20 June 2000 Steven Smart, Public Works Director Chubbuck City 5160 Yellowstone Ave. Chubbuck, Idaho Re: Vacation or sale of abandoned Railroad right of way, on Bullock Dr. Dear Steve: This is to follow up on our earlier discussion we had regarding the sale or vacation of the abandoned railroad right of way that parallels Bullock Road between Wal -mart and the Pocatello Industrial. Park. As you know this small parcel is collecting considerable trash and has become an unattractive nuisance to the area. It lies 8 to 10 feet below the existing sidewalk and road elevation. It is 10' wide by 458' long (the Chubbuck portion). The Pocatello Industrial Park can back fill the cavity and clean up the area if Chubbuck City will grant an easement or initiate a vacation or sale action to allow access to the parcel. The Cities cooperation and support in this "Clean up project" will improve the appearance and the safety of this parcel which is in full public view of thousands of people daily. Call me if I can be of assistance or if you can let me know of the Cities plan to address this problem. Thank you for your attention to this request. Sinc f oly yours, -Gary Cooper, Managing Partner Pocatello Industrial Park. File