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0138 Intent to Sell City Property 1974ORDINANCE NO. 138 A2~ ORDINANCE OF THE CITY OF CHUBBUCK, IDA}{O, RXPPESSING AN INTENT TO SELL CERTAIN DESCRIBED R~AL PROPERTY O~TED BY TEqg CITY; DIRECTING THAT SAID PP. OPERTY FIRST BE APPRAISED; AUTHORIZING SALE FOR CASI:? OF SAID PROPERTY BY PUBLIC AUCTION TO THE HIGHEST BIDDER FOR AN EOUALLING OR EXCEEDING THE APP.r{AISAL; RESE.RVING TO T}~ CITY THE RIGHT TO REJECT A?~Y OR ALI, BIDS; PROH!BITII'~ SUCH SALE FRO~ OCCURRING UNTIL SIXTY ~AYS }~VR.. FROM THE DATE OF PASSAG~ OF T~{IS O~DI~ANCF.; THAT PR~EEDS FROM SALE S~{ALL B~ USED TO DISCUAR~E CITY INDEBTEDNESS OR FOR PUBLIC I~D~.OVE~-~T; P~.OTECTI?~ ~}~INING PROVISIONS OF T}{IS O~DI~A~ICE IF ONE S~{OULD BE ~ELD I~rALID; AMD PROVTDTT.T~ ~-~{E?~ T}{IS SH~L BECO~ EFFeCTIVe. // BE IT O~AINED BY %rUE ~AYOP. ATID COI~.ICIL ~V OF CHUBBUCK, IDle: / SECTION 1. Pursuant to Idaho Code ~50~401 and 50-1403, the City hereby expresses its intent ~ sell the follow- / inq described real property, located at 454~Yellov~stono, Chubbuck, Idaho, which is not currently used for pu~ic purposes:~ Southeast marter of the Northwest Ca~er of Section Ten, To.ship S~ South, Range ~rty-Four~ast ~se Meridian. SECTION 2. I~ediate~- upon the effective date o~h~' ~ordinan~e, the Mayor ~hal.1 ca~e tho above-0eScribed realty ~be appraised by one or mor~ profesolonallv mlallfied aooral, sers. 3. ~ the results of appraisal have been SECTION received, the City Cle.~ shall cause to be published in the Idaho State Journal, the o~ficial news~ao~r of the City, an for Bids" descrlb~ tho realty in'.~guestion, speclfyinq its appraised valuers the minimum acceP'table bid, stating ti]at said / realty will b~sold for cash to the hf~host bidder, indicating ~.when the est bid will be awardedr a~d r_...,ervzng, to the City the right/to reject any and all b~ds / o~g SECTION 4. Notwithstanding the f .oing provisions, the sale of real property shall no% occur unti~sixty days have expired from the date of ~assage of this ordinance, to provide TO: FROM: Idaho State Journal Don Burnett, Chubbuck City Attorney Publication of Attached Ordinance Please publish the attached ordinance with the following note at the tops On September 24, 1974, the following ordinance was duly passed as read by the Mayor an~ Council of the City of Chttbbuck, Idaho. Prior publication of this ordinance on the day of , 1974, did not fully conform to the lang~laqe o-~e ordinance as read and passed. Consequently, such prior publica- tion shall be deemed ineffective and the following publication substituted therefor: (print attached ordinance) ORDINANCE NO. 138 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO EXPRESSING AN INTENT TO SELL CERTAIN DESCRIBED REAL PROPERTY OWNED BY THE CITY; DIRECTING THAT SAID PROPERTY FIRST BE APPRAISED; AUTHORIZING SALE FOR CASH OR TERMS OF SAID PROPERTY BY PUBLIC AUCTION TO THE HIGHEST BIDDER FOR AN AMOUNT EQUALLING OR EXCEEDING THE APPPAISAL; RESERVING TO THE CITY THE RIGHT TO REJECT ANY OR ALL BIDS; PRO- HIBITING SUCH SALE FROM OCCURRING UNTIL SIXTY DAYS HAVE EXPIRED FROM THE DATE OF PASSAGE OF THIS ORDINANCE; PROVIDING THAT PROCEEDS FROM SALE SHALL BE USED TO DISCHARGE CITY INDEBTEDNESS OR FOR PUBLIC IMPROVEMENT; PROTECTING THE REMAINING PROVISIONS OF THIS ORDINANCE IF ONE PROVISION SHOULD BE HELD INVALID; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1. Pursuant to Idaho Code ~§50-1401 and 50-1403, the City hereby expresses its intent to sell the follow- ing described real property, located at 4545 Yellowstone, Chubbuck, Idaho, which is not currently used for public purposes: The South half of the North half of the North Half of the Southeast Quarter of the Northwest Quarter of Section Ten, Township Six South, Rante Thirty-Four East Boise Meridian. SECTION 2. Immediately upon the effective date of this ordinance, the Mayor shall cause the above-described realty to be appraised by one or more professionally qualified appraisers. SECTION 3. When the results of appraisal have been received, the City Clerk shall cause to be published in the Idaho State Journal, the official newspaper of the City, an "Invitation for Bids" describing the realty in question, specifying its appraised value as the minimum acceptable bid, stating that said realty 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. Notwithstanding the foregoing provisions, the sale of real property shall not occur until sixty days have expired from the date of passage of this ordinance, to provide time for the filing of petitions in oD~osition, if any, as prescribed by Idaho Code ~50-1403. SECTION 5. Proceeds from sale of the above-described property shall be used exclusivel? to discharge indebtedness existing against the City, or for needed public improvements, as required by Idaho Code ~50-1407. SECTI~ 6. If any section, paragraph, clause or provision of this ordinance is held invalid by any court of competent jurisdiction, for any reason., such holding shall not affect the validity or enforceability of any of the remaining Drovisions hereof. SECTION 7. The rule requ±ring an ordinance to be read on three separate days is hereby ~isoensed with, and this ordinance shall become effective upon its apDroval and Dublic- ation as provided by law. PASSED BY T~E ~YOR AND COUNCIL of the City of Chubbuck, Idaho, this 2&th day of ___S~tember .... 'i,: , ! ~ayor , 1974. ATTEST: -2- STATE OF IDAHO ) ) COUNTY OF BANNOCK ) ) CITY OF CHUBBUCK ) SS. I, Vera C. Armstrong, the duly chosen, qualified and acting Clerk of the City of Chubbuck, (the "City"), in the County of Bannock and State of Idaho, do hereby certify: 1. The foregoing pages numbered (1) through (3) are true, perfect, complete and compared copies of the excerpts from the record of the proceedings of the City Council of the City had and taken at a lawful meeting of the Council held at the City Hall, 5160 Yellowstone Street, in the City, on the 2~th day of Sept.ember , 1974, commencing at the hour of 8:00 o'clock p .m., as recorded in the regular official book of records of the proceedings of such Council kept in my office, insofar as the same refer to and concern the issuance of bonds by the City, including, without limitation, the adoption of the 10-1-72 Postsale Ordinance accepting the best bid for the bonds, and consisting of pages -1- through -4-. 2. I was in attendance at the meeting, and the foregoing proceedings were duly had and taken as therein shown, the meet- ing shown was duly held, and the persons named therein as present at the meeting were present as shown by such minutes. 3. All members of the City Council were duly notified of the meeting. 4. No other business concerning revenue bonds of the City was taken at the meeting. WITNESS my hand and the seal of the City of Chubbuck this 2~+th day of September , 1974. City- Clerk (4) Councilman Menard seconded the motion for the adoption of the ordinance. The Clerk was then instructed to call the roll on the passage of the ordinance and the roll call on the passage of the ordinance resulted as follows: Those Voting Aye: Dwain A. Kinghorn Earl L. Romriell Jack J. Menard Wayne G. Taylor Those Voting Nay: None Those Absent: None The ordinance was thereupon, by the Mayor, declared to have been duly passed. It was moved by Councilman by Councilman Romriell Taylor , seconded , that the Clerk of the City be ordered to publish the ordinance in full immediately and in at least one issue of the Idaho State Journal, a newspaper pub- lished and of general circulation in the City of Chubbuck, Ban- nock County, Idaho. Thereupon, the Clerk was ordered to call the roll on the motion and the roll call upon the motion was as follows: Those Voting Aye: Dwain A. Kinghorn Earl L. Romriell Jack J. Menard Wayne G. Taylor Those Voting Nay: None Those Absent: None The Mayor thereupon declared that the motion was duly carried. Other business not concerning the proposed sewer revenue bonds was thereupon considered. There being no further business to come before the meet- ing, the meeting was, on motion duly made, seconded and unani- mously carried, adjourned. (_ Mayor (3)