ORDINANCE NO.2007-10

AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF PONDERAY, IDAHO; DESCRIBING THESE LANDS; PROVIDING FOR ZONING CLASSIFICATION OF SAID PROPERTY; REQUIRING THE FILING OF THE ORDINANCE AND AMENDED CITY MAP AND AMENDED LEGAL DESCRIPTION OF THE CITY WITH THE APPROPRIATE COUNTY AND STATE AUTHORITIES; AND ESTABLISHING EFFECTIVE DATE AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE.

WHEREAS, the land described in Exhibit "A" attached hereto is contiguous or

adjacent to the City of Ponderay and qualifies for annexation to the City of Ponderay pursuant to the provisions of Section 50-222, Idaho Code, as amended;

WHEREAS, it appears to the Mayor and City Council that annexation of such land

is reasonable and in the best interests of the City;

WHEREAS, it also appears that annexation of such is necessary for the orderly

development of the City;

WHEREAS, the Ponderay Planning and Zoning Commission held a hearing on November 14, 2007, and unanimously recommended approval of the annexation;

WHEREAS, the Ponderay Planning and Zoning Commission determined that the best zoning designation for the subject property is commercial.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL

OF THE CITY OF PONDERAY, IDAHO, AS FOLLOWS:

Section 1. The land described in Exhibit "A" attached hereto is hereby annexed to

the City of Ponderay, and shall be designated as Commercial Zoning.

Section 2. The City Clerk shall file a certified copy of this Ordinance with the

Bonner County Auditor, Treasurer and Assessor within ten (10) days after the effective

date hereof. The City Engineer shall, within ten (10) days after such effective date, cause to be filed an amended legal description and map of the City, with the Bonner County Recorder and Assessor and the Idaho State Tax Commission, all in accordance with Idaho Code, Section 63-2215.

Section 3. SEVERABILITY

The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.

Section 4: EFFECTIVE DATE

This ordinance shall be in full force and effect upon its passage, execution and publication in the manner provided by law.

Regularly considered, passed and approved as an ordinance of Ponderay, Idaho, done this 19th, day of November, 2007, upon roll call vote:

Jessie E. DeMers

Date 11/21/2007

Mayor of the City of Ponderay

ATTEST:

Nancy B. Piatt, City Clerk

Date 11/21/2007

Exhibit "A"

A tract of land in Section 36, Township 58 North, Range 2 West, Boise Meridian,

Bonner County, Idaho, which is more specifically described as follows:

That portion of the SW 1/4 of the SW 1/4 of said Section 36, lying east of U.S.

Highway 95.

Legal SNP 9118

November 24, 2007