Ordinance #75: Area of Impact for the City of Georgetown

CITY OF GEORGETOWN, IDAHO

ORDINANCE No. 75

AN ORDINANCE ESTABLISHING AN AREA OF IMPACT FOR THE CITY OF GEORGETOWN; STATING A PURPOSE; IDENTIFYING THE AUTHORITY REQUIRING ITS ADOPTION; ADOPTING A MAP OF THE AREA OF IMPACT BOUNDARIES; ESTABLISHING AN EFFECTIVE DATE PURSUANT TO LOCAL LAND USE PLANNING ACT, I.C. § 67-6526.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF GEORGETOWN, IDAHO AS FOLLOWS:

Section 1: Title and Purpose. The purpose of this ordinance is to establish an area of impact for the city of Georgetown. It shall be known as City of Georgetown Area of Impact Ordinance.

Section 2: Authority. Establishment of an area in impact is required and authorized by Section 67-6526 of Idaho’s Local Land Use Planning Act.

Section 3: Area of Impact. The boundaries of the area of impact shall be as shown on the attached map and is more particularly described as follows:

A portion of Sections 5, 6, 7, 8, 12, 13 and 18, Township 11 South, Range 44 East Boise Meridian, Bear Lake County, Idaho, described as:

Beginning at the NE corner of the S½SW¼ of Section 5, Township 11 South, Range 44 East Boise Meridian, Bear Lake County, Idaho and running thence North 44°28’39” East 1691.66 feet; thence South 36°28’38” East 1391.77 feet; thence South 49°15’01” West 2049.74 feet; thence South 27°26’44” East 132.63 feet; thence South 63°19’46” West 448.04 feet; thence South 42°58’25” West 475.31 feet; thence South 39°38’00” West 88.22 feet; thence South 31°43’50” West 582.26 feet; thence South 43°22’34” West 4400.89 feet; thence South 62°11’12” West 1599.67 feet; thence South 63°26’05” West 192.57 feet; thence South 71°06’50” West 329.41 feet; thence South 78°17’36” West 464.89 feet; thence South 75°04’06” West 63.67 feet; thence South 64°36’16” West 915.56 feet; thence South 63°27’27” West 759 feet; thence South 26°32’26” East 759 feet; thence South 63°34’25” West 1879.69 feet; thence North 27°06’31” West 5507.99 feet; thence North 63°28’38” East 2693.54 feet; thence South 26°32’14” East 1025.18; thence North 62°57’58” East 8294.89 feet; thence North 89°06’44” East 1107.48 feet to the Point of Beginning.

The above described boundaries are based on a careful consideration of historic, geographic, business, and other economic factors; and in consideration of prospective growth.

Section 4: Renegotiation. The area of impact agreement may be reviewed upon request by either party hereto. Renegotiation shall begin 30 days after written request by either the City or County and shall follow the procedures for the original negotiation, as set forth in I.C. § 67-6526.

Section 5: Conflicting Ordinances. All ordinances in conflict herewith are hereby repealed.

Section 6: Severability. If any portion of this ordinance is determined by a court of competent jurisdiction to be void or unenforceable, all other provisions shall remain in full force and effect.

Section 7: Reading Requirements of Idaho Code § 50-902. One half (1/2) plus one (1) of the members of the full council agree to dispense with the rule requiring the reading of this ordinance on three (3) separate occasions.

Section 8: Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval, and publication as provided by law.

PASSED AND APPROVED by the Mayor and the City Council of the City of Georgetown, Bear Lake County, Idaho, this 2nd day of June, 2009.

______________________________
Albert K. Johnson, Mayor

ATTEST:

____________________________
Marty Nate, City Clerk

PASSED AND APPROVED by the Bear Lake County Commissioners, Bear Lake County, Idaho, this 6th day of June, 2009.

______________________________
Board Chairman

ATTEST:

____________________________
County Clerk