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HomeMy WebLinkAboutORD 1783C/ 8 BILL NO. 13 ORDINANCE NO. 1783 AN ORDINANCE DETERMINING THAT CERTAIN LANDS LYING WITHIN THE CITY LIMITS OF CALDWELL, CANYON COUNTY, IDAHO, BE DISANNEXED FROM THE INCORPORATED AREA AND EXCLUDED THEREFROM UNDER THE POWERS GIVEN TO CITIES IN IDAHO BY THE STATE CODE; DECLARING THAT SAID LANDS DESCRIBED AS PARCELS #1 AND #2 BE EXCLUDED FROM THE BOUNDARIES OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, BY PROPER LEGAL DESCRIPTION; DETERMINING THAT THE LANDS BE CHANGED AND REDESIGNATED ON THE COMPREHENSIVE PLANS FOR THE CITY OF CALDWELL AND CANYON COUNTY, IDAHO, AND ON THE OFFICIAL ZONING MAPS OF SAID CITY AND COUNTY; DETERMINING THERE IS NO INDEBTEDNESS TO THE CITY OF CALDWELL BY OUTSTANDING BOND OR IMPROVEMENT DISTRICT IN EXISTENCE AT THE TIME OF PASSAGE, APPROVAL AND PUBLICATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO CHANGE THE BOUNDARIES ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1. That the lands described as Parcels #1 and #2 below are located within the incorporated area of the City of Caldwell and have been requested by the owner of said property to be disannexed from the City: Parcel #1: The South Half of the Northeast Quarter of Section 20, Township 4 North, Range 3 West of the Boise Meridian, Caldwell, Canyon County, Idaho. Parcel #2: The West Half of the Southwest Quarter of the Northwest Quarter of Section 21, Township 4 North, Range 3 West of the Boise Meridian, excepting the following- described tract of land situated in the West Half of the Southwest Quarter of the Northwest Quarter of Section 21, Township 4 North, Range 3 West of the Boise Meridian: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter, monumented with a 3 -inch brass disk; thence North 0 West, 75 feet to the Northerly right of way of State Highway 19; thence North 89 East, 466.55 feet along the Northerly right of way of said Highway 19 to the POINT OF BEGINNING; thence continuing North 89 30 East, 200.00 feet along said Northerly right of way; thence North 0 East, 609.81 feet along the Easterly boundary of the West Half of the Southwest Quarter of the Northwest Quarter; thence South 89 West, 200.00 feet; thence South 0 East, 609.67 feet parallel with the East boundary of said West Half of the Southwest Quarter of the Northwest Quarter to the POINT OF BEGINNING. Section 2. That, pursuant to 50 -225, Idaho Code, the Councils of cities in the State of Idaho are granted power to enact ordinances for the purpose of altering and excluding territory from the boundaries of the City. ORDINANCES - 1 r 0 Section 3. That the alteration shall not relieve any territory excluded from the limits of a city from any liability on account of any outstanding bonded or other indebtedness of such city or any bonded or other indebtedness of any improvement district of which the excluded territory is an existing part at the time of passage of such ordinance. Section 4. That no such indebtedness or bond exists as of the date of this ordinance. Section 5. That public hearings have been held by the Planning and Zoning Commission and City Council in accordance with the procedures set forth in 67 -6509, Idaho Code to establish a land use and zoning designation for said parcels upon disannexation. Section 6. That Parcel #1 shall be changed from Industrial to Agricultural under the Comprehensive Plan for Canyon County, Idaho; and that Parcel #2 shall become Industrial under the Comprehensive Plan for Canyon County, Idaho. Section 7. That Parcel #1 shall be zoned A -40 Agriculture on the zoning map of Canyon County, Idaho; and that Parcel #2 shall be zoned M -1 Light Industrial on the zoning map of Canyon County, Idaho. Section 8. That it is hereby declared by the Mayor and Council of the City of Caldwell, Idaho, that the lands described as Parcels #1 and #2 by proper legal description are hereby disannexed from the incorporated boundaries of the City of Caldwell, Idaho. Section 9. All conflicting ordinances, resolutions, orders or parts thereof are hereby repealed, rescinded and annulled. Section 10. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Section 11. All of the lands described in this ordinance shall be subject to taxation as other property and persons within the County of Canyon, State of Idaho, upon filing of a certified copy of this ordinance with the County Recorder and County Assessor of the County of Canyon, State of Idaho, and the State Tax Commission, State of Idaho. ORDINANCE - 2 r PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 6th day of - June - -- --, 1988. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 6th day of -- June- - -, 1988. Mayor ATTEST: City Clerk ORDINANCE - 3