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0795 Lea Avenue & Lamar Street21909951 CITY OF CHUBBUCK 2 ! g09bS I �i ;,�-�; r � 43 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 7J5 - AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ANNEXING THE RIGHT-OF-WAY OF LEA AVENUE AND LAMAR STREET AS DEPICTED ON THE LAMAR ACRES NO. I SUBDIVISION PLAT TO BE INCLUDED WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO; SPECIFYING THE ZONING CLASSIFICATION WHICH SHALL BE APPLIED TO SAID LANDS NEWLY ANNEXED TO THE CITY OF CHUBBUCK; DIRECTING THE CHUBBUCK CITY CLERK TO RECORD THE ORDINANCE WITH BANNOCK COUNTY; 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. History. This property was previously annexed into the City by Ordinance No. 768 adopted April 19, 2017, to address jurisdictional issues between the City and Bannock County regarding road maintenance for Lea Avenue and Lamar Street and to recognize the fact that Brookstone Subdivisions phases would soon be adjacent to the streets and within the city. Without annexation, the county would be going over city streets to maintain small sections of these streets that would remain in the county. Bannock County and Chubbuck agreed to have Chubbuck maintain these streets. The Idaho State Tax Commission rejected the Ordinance as a shoe string annexation. House Bill 193 adopted by the 2019 Idaho Legislature amended Idaho Code § 63-215 to remove the ability of the State Tax Commission to invalidate the ordinance. This ordinance is being re -adopted for the reasons that led to the adoption of the original Ordinance No. 768. Section 2. Annexation. The following described lands, located within Bannock County and contiguous to the existing boundaries of the City of Chubbuck, Idaho are hereby annexed and included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho: Lea Avenue and Lamar Street as depicted on the Lamar Acres No. 1 Subdivision Plat on ANNEXATION AND ZONING - Page 1 chubbuck 061819 ord lea-lamarmpd 21969651 file with the Bannock County Recorder Section 3. Zoning. The above-described lands newly annexed to the City of Chubbuck, Idaho, shall be subject to the zoning classification of R-1, Single Family Residential. Section 4. Recording. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. 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 T�day of 92019. Ke in B. England, M ATTEST: 4Jos, ITY CLERK ANNEXATION AND ZONING - Page 2 chubbuck 061819 Ord lea-lamar.wpd 21909S5� SUMMARY OF ORDINANCE NO. An ordinance of the City of Chubbuck, Idaho, re -adopting Ordinance Number 768 to annex the right-of-way of Lea Avenue and Lamar Street as depicted on the Lamar Acres No. 1 subdivision plat to be included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho; specifying the zoning classification of R-1, Single Family Residential which shall be applied to said lands newly annexed to the City of Chubbuck; directing the Chubbuck city clerk to record the ordinance with Bannock County; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; and providing when this ordinance shall become effective. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 7y and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this SUMMARY OF ORDINANCE - Page 1 chubbuck 061819 lea-lamar ord sum.wpd day of J v�( , 2019.