ORDINANCE NO. 2007-8
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 September 12, 2007, and unanimously recommended approval of the annexation;
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.
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 4. ZONING DESIGNATION
Under and by virtue of the laws of the State of Idaho, the recommendation of the Planning and Zoning Commission of the City of Ponderay, Bonner County, Idaho, the Mayor and the Council hereby establish the zoning classification for the above-described territory to be Rural.
Section 5. This Ordinance amends the legal description of the City of Ponderay, Bonner County, Idaho, to include said annexed territory described above.
Section 6. 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 7: 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 1st, day of October, 2007, upon roll call vote:
Jessie E. DeMers
Mayor of the City of Ponderay
Date: October 1, 2007
ATTEST:
Nancy B. Piatt, City Clerk Date: October 1, 2007
Exhibit "A"
Parcel # 1
Lot 1 of Whitetail Acres, Section 36, Township 58 North, Range 2 West, Boise Meridian,
Bonner County, Idaho
Parcel # 2
A tract of land located in Section 36, Township 58 North, Range 2, West, Boise
Meridian, Bonner County, Idaho which is more specifically described as follows:
The E _ of the SW _ of said Section 36.
Parcel # 3
A tract of land located in the West _, Southeast _, of Section 36, Township 58 North, Range 2
West, Boise Meridian, Bonner County, Idaho, which is more specifically described as follows:
Commencing at the South _ Corner of said Section 36, the "True Point of Beginning"; Thence North 00°20'16" East along the North-South centerline of said Section 36 a distance of 1961.97 feet; thence South 89°38'04" East a distance of 672.65 feet; thence South 00°28'22" West a distance of 651.35 feet; thence South 00°28'21" East a distance of 1303.40 feet; thence South 89°39'41" West a distance of 199.40 feet; thence South 89°46'52" West a distance of 468.69 feet to the TRUE POINT of BEGINNING".
Legal SNP 9019
October 4, 2007