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0188 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