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0311 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 ORDINANCE - Page 1 dsc chbbcki0.241 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. ORDINANCE - Page 2 dsc chbbck10.241 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 ORDINANCE - Page 3 dsc chbbck10.241