HomeMy WebLinkAbout0188 Conveyance of Land 1978ORDINANCE NO. ] 88
AN ORDINANCE OF THE CITY OF CttUBBUCK, IDAHO, DECLARING
AS A MATTER OF POLICY THAT THE BEST INTERESTS OF THE
CITY WOULD BE SERVED BY CONVEYANCE OF CERTAIN LANDS TO
THE STATE OF IDAHO, FOR STATED CONSIDEP~TION, IN ORDER
TO FACILITATE CONSTRUCTION BY THE STATE OF IMPROVEmeNTS
TO YELLOWSTONE AVENUE; AUTHORIZING SUCH CONVEYANCE OF
PARTICULARLY DESCRIBED LANDS; RECITING THE STATUTORY
BASIS UPON WHICH AUTIt0RITY IS GIVEN~ AND PROVIDING WHEN
THIS ORDINANCE SHALL BEC~ EFFECTIVE.
BE IT ORDAINED BY THE ~YOR AND COUNCIL OF THE CITY
OF CHUBBUCK, IDAHO:
SECTION 1: Declaration of Policy_~ The Mayor and
Council find, and therefore declare as a matter of policy,
that the best interests of the City of Chubbuck will be
served by conveyance of certain lands for stated consideration,
as set forth below, to the State of Idaho, in order to
facilitate construction by the State of improvements to
Yellowstone Avenue, which is part of the state highway
system.
SECTION 2: Authorization of Conveyances. Authority is
hereby granted to the Mayor of the City of Chubbuck, Idaho,
acting in his official capacity, to execute such contracts,
deeds and other instruments as may be necessary in order to
effect the conveyance of the following lands to the state of
Idaho:
a. For a consideration of $3,470.00, the following
parcel:
A parcel of land in Bannock County, Idaho, being
on the Westerly side of the centerline of U.S.
Highway No. 91, Project No. M-7231(007) Highway
Survey as shown on the plans thereof now on file
in the office of the Idaho Transportation Depart-
ment, Division of Highways, and being a oortion of
the SE¼NW¼ of Section 10, Township 6 South, Range
34 East, Boise Meridian, described as follows, to-
wit:
Commencing at the Northeast corner of the SEkNW¼
of Section 10, Township 6 South, Range 34 East,
Boise Meridian;
thence Southerly along the East line of said
SE¼NWk a distance of 334.0 feet, more or less, to
the Southeast corner of that tract of land as
described in that certain Warranty Deed dated
September 29, 1966, recorded September 30, 1966 in
the official record book No. 208 as Instrument
432370 records of Bannock County, Idaho, and beinz
the REAL PLACE OF BEGINNING:
thence Westerly along the Southerly line of said
tract 38.0 feet, more or less, to a point in a
line parallel with and 40.0 feet westerly from the
centerline and opposite Station 178+65.79 of said
U.S. Highway No. 91, Project M-7231(007) Highway
Survey;
thence North 0°04'14'' East along said parallel
line 164.11 feet to a point in the North line of
said tract and being opposite Station 180+29.90 of
said High~ay Survey;
thance Easterly along said North line 39.0 feet,
more or less, to the Northeast corner of said
tract;
thence Southarly along the East line of said tract
166.0 feet, more or less, to the REAL PLACE OF
BEGINNING.
Highway Station Reference: 178+65.79 to 180+29.90.
The area above described contains approximately
6308.71 square feet, 5151.40 square feet of which
is acknowledged to be a portion of a public road.
The bearings as shown in the above land description,
unless otherwise noted, are from the Idaho Plane
Coordinate System, based on the transverse mercator
projection for the East Zone of Idaho. To convert
to geodetic bearings, a correction of 0°12'12''
must be subtracted from all Northeast and Southwest
bearings and added to all Northwest and Southeast
bearings.
b. For,an aggregate consideration of $2,845.00
(including damages to the remainder), the following parcel:
A parcel of land bein~ on the Westerly side of the
centerline of U.S. Highway No. 91, Project No. M-
7231(007) Highway Survey as shown on the plans
thereof now on file in the office of the Idaho
Transportation Department, Division of Highways,
and being a portion of Tract 4, Bonniebrae Acres
according to the official plat thereof now on file
and of record in the office of the County Recorder
of Bannock County, Idaho, described as follows,
to-wit:
Commencing at the Northeast corner of Tract 4 of
said Bonniebrae Acres, Bannock County, Idaho;
thence Southerly along the East line of said Tract
4 a distance of 300.5 feet to the Southeast corner
of the North 300.5 feet of said Tract 4 and being
the REAL PLACE OF BEGINNING;
thence continuing Southerly along said East line
97.0 feet to the Southeast corner of said Tract 4;
thence North 81°52'46'' West (shown of record to be
North 81°57'West) along the Southerly line of said
Tract 4 a distance of 7.07 feet to a point in a
line parallel with and 40.0 feet Westerly from the
centerline and opposite Station 190+96.02 of said
UoS. Highway No. 91, Project !lo. M-7231(007)
Highway Survey;
thence North 81o52'46'' West (shown of record to be
North 81°57'West) along the Southerly line of said
Tract 4 a distance of 7p07 feet to a point in a line
parallel with and 40.0 feet Westerly from the
centerline and opposite Station 190+96.02 of said
U.S. Highway No. 91, Project No. M-7231(007)
Highway Survey;
Thence North 0°04~!4" East along said parallel
line 96.01 feet to a point in the South line of
the North 300.5 feet of said Tract 4 and opposite
Station 191+92.03 of said t{ighway Survey;
thence Easterly along said North. line 7.0 feet,
more or less~ to the REAL POINT OF BEGINNING.
Highway Station Reference: 190+96.02 to 191+92.03.
The area above described contains approximately
675.54 square feet.
The bearings as shown in the above land description,
unless otherwise~noted, are from the Idaho Plane
Coordinate System, based on the transverse mercator
projection for the East Zone of Idaho. To convert
to geodetic bearings, a correction of 0°12'12''
must be subtracted from all Northeast and Southwest
bearings and added to all Northwest and Southeast
bearings.
c. For an aggregate consideration of $4,585.00
(including improvements), the following parcel:
A parcel of land being the West 7.0 feet of Lot
11, Highway Acres, Bannock County, Idaho, as the
same appears on the Official Plat thereof, filed
in the office of the County Recorder of Bannock
County, Idaho, and containing approximately 107o.16
square feet.
Highway Station Reference: 218+77.66 to 220+30.54.
d. The total consideration paid by the State of
Idaho to the City of Chubbuck, for all of the above parcels,
shall be $10,900.00.
SECTION 3: Statutory BaSis. The authority herein
granted, for conveyance of the above-described parcels,
is derived from Idaho Code §50-1405.
SECTION 4: EffectiVe Date. The rule requiring ordinances
to be read on three separate days is hereby dispensed with,
and this ordinance shall become effective upon its approval
and publication as provided by law.
ATTEST:
f~ayor /
City Clerk
ORDINANCE NO. ]87
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
SECTIONS 5(b) and 5(~) OF CHUBBUCK CITY ORDINANCE NO. 185,
TO CORRECT CLERICAL ERRORS OR OM%SSIONS, TO PROVIDE THAT AN
ANIMAL IS AN ANImaL NUISANCE WITHIN THE ~ANING OF THE
ORDINANCE IF IT IS DISEASED OR HAS A VICIOUS NATURE AND IS
NOT OR CANNOT BE SECURED BY THE OWNER TO ALLEVIATE THE
DANGER THAT IT WILL SPREAD DISEASE OR THAT IT WILL INFLICT
PROPERTY DAMAGE OR PERSONAL INJURY, AND TO CLARIFY THE
AUTHORITY OF THE CHIEF OF POLl. CE TO REFUSE A CLAI~ FOR AN
IMPOUNDED ANIMAL SUBJECT TO HEARING BY THE CITY COUNCIL; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Amendment Of Ordinance. Sections 5(b) and
5(c) of Chubbuck City Ordinance No. 185, enacted on the 15th
day of November, 1977, are hereby amended as follows:
B. Animals in P~lic Places or on Private Property.
Except as provided herein, it shall be unlawful and ounishable
as a misdemeanor for any person to cause or allow a dog or
animal classified as "livestock" below, which he owns or of
which he has charge, to be found upon any public thoroughfare,
oublic park, or other public place, or upon the private
property of another without oermission. Provided, however,
that dogs controlled by leashes not exceeding fifteen feet
in length are permitted in public places; and provided,
further, that the City Council by resolution may authorize
the Chief of Police to designate public thoroughfares or
areas of public parks or other public places where the
riding of horses or equine is allowed.
C. Animal NUisances.
(1). An animal nuisance is created bv any
animal (a) which has been found to be runninz~ at large, (b)
which is not licensed if licensure is required herein, (c)
which creates noise disturbing the peace and quiet of the
surrounding neighborhood, (d) which has caused property
damage or personal injury of any kind other than to the
owner or the owner's property, or (e) which is diseased or
has a vicious nature and is not or cannot be secured by the
owner to p~eYe~ all'eviate ~the danger that it will spread
s~ disease i~tie~ie~-s~ or ~that it will inflict property
damage or personal injury.
(12). When an animal nuisance is found to
exist in categories (a), (b) and (c) above, the Chief of
Police or his designee shall deliver or send by first class
mail a written warning to the owner or person having charge
of the animal in question, if knovm, directing him to abate
the nuisance. If the animal in question continues to represent
an animal nuisance, or if the animal constitutes an animal
nuisance in categories (d) or (e) above, the Chief of Police
or his degignee may seize and impound the animal, giving
written notice of such'action to the owner or person havin~
charge of the animal in ques-tion, by personal delivery or
first class mail. It shall be unlawful and punishable as a
misdemeanor for any person to own, harbor, keep or oossess
an animal which constitutes a continued animal nuisance in
category (a), (b) or (c), er which constitutes an animal
nuisance under category
(13). The Chief of Police or his designee may
dispose of an impounded animal after five or more days have
elapsed following notice of impoundment. An animal may be
claimed prior to disposition upon payment of a fee of $15.00
for the first confinement or $20.00 for any second or subsequent
confinement of the same animal, plus the actual cost of care
and custody of the animal, as reasonably determined by the
Chief of Police. When the time period herein has expired
without claim or without payment of the prescribed fee, or
if a claim is refused as provided below, the Chief of Police
or his designee may dispose of the animal (1) by delivering
it to any person who will pay the fee, together with necessary
licensing costs, if any,, or (2) by destroying the. animal in
a humane fashion. All impoundment fees or license fees
required for claiming an impounded animal shall be paid to
the Chubbuck City Treasurer. Failure to give notice as set
forth above shall not prevent disposition of any impounded
animal if the Chief of Police or his designee is unable,
following inquiry, to ascertain the name or location of the
owner or person having charge of the animal.
(4). Notwithstanding the provisions of the
foregoing subparagraph, a~-a~imat-shatt-~e~-§e-~es~eye~-if
i~s-ewme~-e~-e~he~-pe~se~-seeki~-~e-etaim-i~-fites-wi~h
~he-Gf{y-gte~k the Chief of Police may refuse a claim for an
impounded animal which constitutes ~ continued animal nuisance
in category (a)_, (b~ o~ ~=q)_ above, or which constitutes an
animal nuisance under category (d) or (e). In such event,
t_he animal shall not be destroyed if' !'ts o~wner, ~K other
person seeking tP[ c, laim i'g,. files with the City Clerk,
during the claim period, a written request that such destruction
be postponed pending review by the City Council at its next
regular meeting. Such written request shall be accompanied
by payment in the amount which would be required by the time
of the meeting in order to claim the animal as provided
above. When such request and payment have been made, the
ORDINANCE - Page 2
animal shall not be destroyed pendin~ a hearing by the City
Council. When the hearing is conducted, the person makin~
the reqnest must appear and show good cause why h~ should be
allowed to claim the animal and how he will care for it in
order to prevent it from continuing to constitute an animal
nuisance. Following the hearing, the City Council shall
determine whether or not the animal should be destroyed. If
the Council approves destruction, the animal shall be destroyed
in a humane fashion and the payment made by th~ party requesting
the hearing ahall be retained by the City to defray its
costs of impounding the animal pending the hearing. If the
Council decides that the animal should not be destroyed, the
animal shall he released from impoundment upon such terms as
the Council may reasonably impose; and the payment made by
the person requesting the hearing shall be retained as the
fee for claiming the animal.
(15) Th~ Mayor is hereby authorized to provide
for the creation and maintenance of a-~ae~t~y one or more
facilities capable of providing animal impoundment services.
In addition, or in the alternative, with the concurrence of
a majority of the Council, the Mayor may enter on behalf of
the City into an intergovernmental agreement with any other
public entity for the provision of such services.
SECTION 2: Effective Date. The rule requiring
ordinances to be read on three separate occasions 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 ]4 tb day of March, 1978.
Mayor
ATTE ST:
~ity Clerk
ORDINANCE- Page 3