HomeMy WebLinkAbout0311 Intent to Sell City Property 1988CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 311
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, EXPRESSING AN
INTENT TO SELL, CONVEY OR EXCHANGE CERTAIN DESCRIBED REAL
PROPERTY OWNED BY THE CITY; AUTHORIZING 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
AUCTION, 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 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.
SECTION 2. Appraisals. This property has been appraised
and said appraisals shall be updated prior to sale.
SECTION 3. Authorization of Sale. After the updated
appraisal is 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
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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. 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 improvements, as authorized
by Idaho Code §50-1407
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 §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 the parcel as it deems in the best interest of the city,
pursuant to the provisions of Idaho Code §50-1404.
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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 25th day of OCTOBER 1988 .
ATTEST:
CITY CLERK
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