Loading...
HomeMy WebLinkAbout11 04 1988 Ord. 311LEGAL NOTICE CITY OF CHUBBUCK, IDAHO ORDINANCE NO, 311 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, EXPESSING AN INTENT TO SELL, CONVEY OR EX- CHANGE CERTAIN DESCRIBED REAL PROPERTY OWNED BY THE CITY; AUTHORIZING SALE FOR CASH OR TERMS OF SAID PARCEL BY PUBLIC AUCTION TO THE HIGHE-ST BIDDERS FOR AMOUNT EQUALING OR EX. CEEDING THE APPRAISALS: RE- SERVING TO THE CITY THE RIGHT TO REJECT ANY OR ALL BIDS ON ANY PARCEL; PROHIBITING SUCH SALE FROM OCCURRING UNTIL SIX- TY DAYS HAVE EXPIRED FROM THE DATE OF PASSAGE OF THIS ORDI- NANCE AND A PUBLIC HEARING HAS BEEN HELD DURING THAT PERIOD; PROVIDING THAT PROCEEDS FROM SALES SHALL BE USED TO DIS- CHARGE CITY INDEBTEDNESS OR FOR PUBLIC IMPROVEMENTS; PRO- VIDING THAT IF THE PROPERTY IS NOT SOLD AT PUBLIC AUCTION, THE SAME MAY BE EXCHANGED FOR OTHER PROPERTY WITHOUT FUR- THER NOTICE OR AUCTION; AND REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVID- ING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. �r 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 Chub - buck, 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 improve- ments and appurtenances, located in Ban- nock County, Idaho: The Southhal of the North half of the North half of th Southeast quarter of the being first duly sworn on oath deposes and says: That OF PUBLICATION Julie A. Potter she Northwest qua er of Section 10, Town- ship 6 south, R ge 34 East of the Boise was at all times herein mentioned a citizen of the United States of Ameri- Meridian. SECTION 2. Appraisals. This property ca; more than 21 years of age, and the Principal Clerk of THE IDAHO has been appraised and said appraisals shall be updated prior to sale. STATE JOURNAL, a daily newspaper, printed and published at Pocatello, SECTION 3. Authorization of Sale. After the updated appraisal is received, the City Clerk shall cause to the published in Bannock County, Idaho, and having a general circulation therein. the Idaho State Journal, the official newpaper of the the city, a "Notice of Sale at Public Auction," describing the realty in question, specifying its ap- That the document or notice, a true copy of which is attached, was praised value as the minimum acceptable bid, stating that said realty will be sold published in the said IDAHO STATE JOURNAL, on the following dates, for cash or terms to the highest bidder, indicating how the highest bid will be to -wit: 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 ordi- nance, to provide time for the filing of petitions in opposition, if any, as pre- scribed by Idaho Code Section 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 improve- ments as authorized b Idaho Code November 4 19 88 19- 19-- 19-- 19- 9-1919-19 19- 19- 19- 19- 19-- 19- 19- 19- 19-19—_ That That said paper has been continuously and uninterruptedly published Section 50-1407. y in said County for a period of seventy-eight weeks prior to the publication SECTION b. Exchange of Sale Following Public Auction. If the parcel is not sold at of said notice or advertisement and Is a newspaper within the meaning the public auction provided for in Section 3, the Mayor and Council may, without of the laws of Idaho. further notice or action, exchange all or part of the parcel for other property pursuant to the provisions of Idaho Code Section 50-1405; provided the Council finds, pursuant to Idaho Code Section 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 Subscribed and sworn to before me this deems in the best interest of the city, day of pursuant to the provisions of Idaho Code Section 50-1404. ADMINISTRATIVE PROVISIONS Sertinn 1 RPnaaf of f n fu,tin n,m. November 19-88. 4th PROOF OF PUBLICATION Igul0tio snld `surto all SalnOlu NOW to �tzE1g11 ailnq aql 0sR3,YLOls of ,lau.m,L pay inauaidailua Aq palisis 3110Mlau alqua Mau aql St LN1 LLNI MIM UO1W1;)OSSE ul '03 ;hut -lsnapeoig gstilig al;i Aq paanpoad SL'M galgtA `Salia3 SJOlSlq pOOM � AIiOH aril 10 lsaq sl splouXaH ling •sdn lua, 10011s $lllui0ltl "pJMUS aql puoAaq ssausnolias a uialsaM atll aAU'2 OSJU auxll IS -Ili aql AO; lnq lSaM siaXt;ulurlll laglo lq'Bnoiq fquo IOU ainlua3 all1w ap .g paaa aux. 'PooMrSi[0H_ _gi�c°�u�rcation of this ordinance shall constitute notice of the hearing. SECTION S. 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 improve- ments, as authorized by Idaho Code Section 50-1443. 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 Section 50-1405; provided the Council finds, pursuant to Idaho Code Section So - 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 Section 50-1404, ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordi- nances. 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 juris- diction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requir- ing 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 publica- tionl as provided by law. PAI SED BY THE COUNCIL AND AP - PR' V . BY THE MAYOR OF THE CI1rY OF CHUBBUCK, IDAHO, this 25th da� of OCTOBER, 1988. S/John O. Cotant, Jr. MAYOR ATTEST: S/Ron C. Conlin CITY CLERK November 4, 1988 No. 406 Julie A. Potter being first duly sworn on oath deposes and says: That she was at all times herein mentioned a citizen of the United States of Ameri- ca, more than 21 years of age, and the Principal Clerk of THE IDAHO STATE JOURNAL, a daily newspaper, printed and published at Pocatello, Bannock County, Idaho, and having a general circulation therein. That the document or notice, a true copy of which is attached, was published in the said IDAHO STATE JOURNAL, on the following dates, to -wit: November 4 19 88 19- 19 , 19 That said paper has been continuously and uninterruptedly published in said County for a period of seventy-eight weeks prior to the publication of said notice or advertisement and is a newspaper within the meaning of the laws of Idaho. /1–) Subscribed and sworn to before me this day of November 19_88. 4th Notary Public, State of Idaho Residence: Pocatello, Idaho