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HomeMy WebLinkAbout70-AN-03 Kimball-Linden Enclaves 1970SPEED TO Pete Olesen 2105 Wyoming Caldwell, Idaho 8360 MESSAGE FROM Mel Lewis City Hall Caldwell Idaho 83605 SUBJECT Annexation of enclaves DATE Aril 30 » ?5 Enclosed is the section of the law that does permit annexing enclaves. I had overlook d the revised -section of the law in my previous attempts. to find this particilar section. 374 cljpe "SNAP -AWAY" FORM 44-900 Y-PARTS WELSON ,ZONES COMPANY • © 198I • PRINTED IN 11.S-A. r0-214 hiUNICIP,IL CORPORATIONS 140 � 50-214. Census authorized. —Any city council may provide, by reso- lution, for taking census or enumeration of the inhabitants thereof, and in such resolution shall provide for engaging the services of the bureau of census, U.S. department of commerce, to take said census or enumera- tion. Whenever it shall have been duly ascertained by any census or enumeration taken as hereinbefore provided, such fact shall thereupon by the clerk of said city, be certified to the secretary of state and to the county clerk «herein said city is situated. Provided further, that the population of any city determined by a special census shall there- after be used in apportionment of state revenues in which the city may share. [1967, ch. 429, § 7, p. 1249 ; am. 1973, ch. 21, § 1, p. 42.1 / Compiler's note. Section 2 of S. L. Cross ref. Census, § 50-103. 1973, ch. 21 declared an emergency. Ap-proved February 21, 1973. 1 ( 50-219. Damage claims. f� DECISIONS UNDER PRIOR Lpm Acknowledgment of Notice. the issues of the cause by the defend - While it was incumbent upon a claim- ant's admission in open court that the ant to plead and prove the giving of city had received such notice. McLean notice as required by this section, the v. Spirit Lake (1967), 91 Idaho 779, 430 giving of such notice was removed from P.2d 670. 50-222. Annexation of adjacent territory. —Whenever any land lying contiguous or adjacent to any city in the state of Idaho, or to any addition or extension thereof, shall be or shall have been by the owner or proprietor thereof or by any person by or with the owner's au- thority or acquiescence, laid off into blocks containing not more than five (5) acres of land each, whether the same shall have been or shall be Iaid off, subdivided or platted ir_ accordance with any statute of this state or otherwise, or whenever the owner or proprietor or any person by or with his authority, has sold or begun to sell off such contiguous or adjacent lands by metes and bounds in tracts not ex- ceeding five (5) acres or whenever the owner or proprietor or any person by or with his authority requests annexation In writing roi egtito p the council, or when a, tract of land is entirely surrounded by p lying within the city_ boundaries, it shall 1}e competent for -the council, for lnknce, to ilerlare the same, by proper legal description thereof, a part of such city. When any land not used exclusively for agricultural purposes is completely surrounded by the boundaries of two (2) or more cities, the district court, shall after hearing the owners of the properties involved, and the elected officials of the adjacent cities, deter- mine which if any of the cities may annex said lands. Railroad right of way property may be annexed when property within the city adjoins both ;ides of the right of way notwithstanding any other provision of this section. Provided, that the city may annex only those areas which can be reasonably assumed t tobe icsedfor council orderly development of the city. Provided further, t shall not have the power to declare Such land, lots or blocks a part of said city, if they Nt ill be connected to such city only by a shoestring or strip of ]and upon a public highway. [1967, ch. 429, § 15, p. 1249; am. 1969, ch. 404, § 1, p. 1124 ; am. 1971, ch. 16, § 1, p. 29 ; am. 1972, ch. 37, § 1, P. 58.1 Compiler's notes. Section 2 of S. L. Section § 50 f S, L. 1972, ch. 37 is Mr,- 1969, ch. 404 deelamd an emergency. piled Approved April 7, 1969, ANALYSIS Section 2 of S. L. 1971, ch. 1G de- clared an emergency. Approved Febru- Railroad 1tright of way. ary 11, 1971. Res judicata. February 17, 1970 Mr. Edward M. Hoshaw 3311 Rose Hill Boise, Idaho Dear Ed; I presume that you know I am the city at t Caldwell, Idaho, and I also presume you know the c tentions of annexing your property which is adjacent to Sout imball Avenue. The statute is clear in this ma to the Council that you shoul work out something satisfactor the annexation. I don't think t at this time and it is ve kel of the city and take o 'J\s ho ,e er, I have recommended t ed and see if we can parties in respect to needs all of your proper at we can show you the need 1e`ssary at this time. I would appreciate itUfwe you would stop by the next time you are in Caldw1 discuss this matter with you I think it migh wlked with the City Engineer and the Mayor vfeeling in this matter, and alsothe ne of the city at this time. Please let know whe it might be convenient for you to meet with us. Very truly yob ALEXANDERSON, DAVIS & RAINEY Wayne E. Davis WED ik SPEED MESSAGE TO - Wayne Davis City Attorney SUBJECT "annexation" FROM John_L._Englehart City , Clerk _ DATE Febru!!!Z 3, 1910 �_— At the City Council meeting on _Febraary 2 0 an action xasAakeA__by the Council— in—declaring im their -intention to annex two enclaves 11thina City doe-0,rib@d-$s follors,s 1. Pro-p—ertp described as the eoath half of._the tom.- g g 3�of ..ASection .- 28s TNT _ 2. Property deacrlbed as _the c - -- - Councilman. rtin annaxr tha two encl nxu and the City Attorney he—inatructed to prapar..._The..Motion Was T seconded -by Wuncl am DaVdnPort. A vjotf% Yg a taken and the me ttion c arri 'Aa a matter of information,-Ahq p=orty. descrjbe ,jIts 1 is l.ocsted in tho vaainito Mat of South Wimball Avenue and notth of West _JAnden Street .,containinaa.proidnateli 30 gay, The property described _jjiItem 2 f,s, located o� met end ,,,� of Xnrth rL.nrsi. .. Avenue. containina.Appr4 _ spy to t !'�y BSc l�el iev s ® SNAP -A -WAY, FORM 46•999 2-PARTS WILS" JONES COMPANY • (F. $161 • PR PITIED IN D S A - Merl MO /�ii _ I 1148 or BILL NO. 5 ORDINANCE NO. 1122 BY COUNCILMAN XMIN AN ORDINANCE DETERMINING THAT CERTAIN LAND IS ENTIRELY SURROUNDED BY PROPERTIES LYING WITKIN TO SIDL91WIES OF T#F4 CTW' fW r4i Wr4 COUNTY OF CANYON ,STATE OF IDAHO; AND DECLARING SAID LAND, BY PROPER LEGAL DESCRIPTION THEREOF, TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. CALDWELL: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF Section 1. That the tracts of land hereinafter described are entirely surrounded by properties lying within the boundaries of the City of Caldwell, Canyon County, State of Idaho. Section 2, it is hereby declared by the Mayor and Council of the City of Caldwell that the tracts of land herein by proper legal description ale hereby declared to be a prak ..t the City of Caldwell, Canyon County, State of Idaho. Section 3. The full and complete legal descriptions of the tracts of land herein declared to be a part of the City of Caldwell, Idaho, as hereinabove set forth, are particularly set forth as follows, to wit: TRACT 1: The Southeast Quarter of the Southwest Quarter of the Southeast Quarter (SEkSWkSEk) of Section 28, Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho. TRACT 2: The Northeast Quarter of the Northwest quarter of the Northwest Quarter (NEkNWkNWk) of Section 23, Township 4 North, Range 3 West of the Boise Meridian, Canvon County,, Idaho. Section 4. This ordinance shall be in full force and Effect from and after its passage, approval and publication, according to law. Section 5. All of the land described in this ordinance shall be subject to taxation as other property and persons within the corporate limits of the City of Caldwell, Canyon County, Idaho, upon filing a certified copy of this ordinance with the County Recorder of Canyon County, Idaho. PASSED BY THE COUNCTI - f thO City a,f 20tb day of April --, 1970. APPROVED BY THE MAYOR of the City of Caldwell this Dnth day of _ April , 1970. ATTEST: r C3 TY CLMU R First reading Second reading Third reading 3-16-70 4- 6-70 4-20-70 0