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0495 Area of City Impact 1998- � L ORDINANCE NO. 495 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, A GOVERNMENTAL SUBDIVISION OF THE STATE OF IDAHO, ADOPTING AN AREA OF CITY IMPACT WITH BANNOCK COUNTY; ADOPTING BY REFERENCE ORDINANCES AND AGREEMENTS WHICH SHALL APPLY IN SAID AREA; INCORPORATING A MAP OF SAID AREA; PROVIDING FOR SEVERABILITY IF ANY PART OF THIS ORDINANCE SHOULD BE RENDERED VOID, AND PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the City of Chubbuck and the Bannock County Commissioners have previously agreed upon an area of city impact pursuant to the former Idaho Code § 67-6526 which the City and County seek to amend, and, WHEREAS, this matter came on for hearing April 2, 1998 before the Chubbuck Land Use and Development Commission, and the Commission recommended the adoption of the map and agreement, and, WHEREAS, Idaho Code § 67-6526 requires that an area of city impact within the unincorporated area of the county, and ordinances applying within such an area, be established by each city and county, and, WHEREAS, issues which are considered in determining an area of impact are: (a) Trade area, (b) Area likely to be annexed, and (c) Geographic factors, and, WHEREAS, the City of Chubbuck wishes to achieve orderly growth, and, WHEREAS, the City of Chubbuck and the City of Pocatello's maps and agreements are not in conflict; and, WHEREAS, Chubbuck City Council has held public hearings pursuant to Idaho Code § 67-6526, including a public hearing on April 14, 1998, and have recommended adoption of a revised Area of City Impact map and Agreement, and, WHEREAS, Neither the City of Chubbuck nor Bannock County propose a joint planning commission for the area of impact, and, WHEREAS, Notice of a public hearing has been accomplished in compliance with Idaho Code § 67-2443, and conducted according to law, and, WHEREAS, the proposed map and ordinance comply with the requirements of Idaho Code § 6526, and, ORDINANCE - Page I dsc chbbck10.082 '%Mw 2191-19,38 WHEREAS, proposed ordinance and map meet the requirements of Idaho Code § 67- 6526, and, WHEREAS, Bannock County Ordinance 1998-5 has adopted the Chubbuck Area of City Impact, and, WHEREAS, implementing this agreement and map complies with the Comprehensive Plan of the City of Chubbuck, and, WHEREAS, enacting this agreement and adopting this map does not conflict with Idaho Code Title 67, Chapter 65 as amended, nor Chapter 80, Regulatory Takings. NOW, THEREFORE, BE IT ORDAINED BY THE CHUBBUCK CITY COUNCIL AS FOLLOWS: Section 1. An area of city impact to be referred to as the Chubbuck Area of City Impact is hereby adopted. The Chubbuck Area of City Impact is represented on the attached map which is hereby adopted, incorporated into, and made a part of this ordinance. Three copies of said map shall have been and are now filed with the office of the City Clerk. Section 2. Legal Description. The Area of City Impact is legally described as: That Part of Section 2, Township 6 South, Range 34 EBM not in the City of Chubbuck and lying West of the Easterly Right of Way of I-15. That Part of Sections 3 and 4, Township 6 South, Range 34 EBM not in the City of Chubbuck. Sections 5 and that part of section 6 in Bannock County, Idaho, Township 6 South, Range 34 EBM. That Part of Sections 8, 9, and 10, Township 6 South, Range 34 EBM not in the City of Chubbuck and lying North of I-86. That Part of Section 11, Township 6 South, Range 34 EBM not in the City of Chubbuck and lying North of I-86 and lying West of the Easterly Right of Way of I-15. That Part of Sections 25, 35 and 36, Township 5 South, Range 34 EBM lying West of the Easterly Right of Way of I-15. That Part of Sections 33 and 34, Township 5 South, Range 34 EBM not in the City of Chubbuck. Sections 26, 27, 28, 29, 30, 31 and 32, Township 5 South, Range 34 EBM. ORDINANCE - Page 2 dsc chbbck10.082 Section 3. The following ordinances are hereby adopted by reference and shall apply within the aforementioned Area of City Impact and shall remain in effect until such time as this ordinance is revised or repealed according to law: A. The Comprehensive Plan of Bannock County B. The Zoning Ordinance of Bannock County C. The Subdivision Ordinance of Bannock County and the Subdivision Ordinance of the City of Chubbuck, and, where there is a conflict between the Ordinances, the most restrictive standard shall apply. D. The Procedural Agreement adopted by Bannock County concerning subdivisions in the Chubbuck Area of City Impact, which Agreement is codified as Chapter 17.22, Chubbuck Municipal Code. 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 10°i day of November,98. / ohn O. Cotant, Mayor ATTEST: (,-2,3 Ron Conlin, City Clerk ORDINANCE - Page 3 dsc chbbck10.082 R 0Gu0.tih-uP-&