HomeMy Public PortalAboutORD 26_Annexing Certain Lands_12101959-c
COMMISSIONERS:
LARRY G. LOONEY, CHAIRMAN
CAROL M. DICK
MORGAN MUNGER
DARWIN L. YOUNG
November 4, 1985
STATE OF IDAHO
DEPARTMENT OF REVENUE AND TAXATION
STATE TAX COMMISSION
700 West State St. - P.O. Box 36 - Boise, Idaho 83722
W.A. Storer, Mayor
Iona, ID 83427
Dear Mr. Storer,
An audit of the legal description of the city of Iona has
revealed a rather serious problem. Ordinance 26, dated
December 10, 1959, annexed a certain tract in the W}W}
section 6, T.2N.,R.39E. Unfortunately, there is an
intervening strip of land 33 feet wide separating the
described tract from the city, which is bounded on the
east by the east line of section I, T.2N.,R.38E. Idaho
Code 50-222 requires that all lands being annexed to a
city must be contiguous thereto. Thus the annexation did
not meet statutory requirements.
An even more serious problem appears in Ordinance 30, dated
February 14, 1963. Said Ordinance 30 was a clarification of
the original plat, but in the process, it redefined the
boundaries of the city along the above mentioned east line
of section 1, T.2N.,R.38E.
From our search of the records, said land in section 6 cannot
be considered to be a part of Lhe city of Iona. If you have
record of any other ordinances which might correct this problem,
please inform us as soon as possible. Perhaps you should consult
your city attorney and city engineer to determine any course of
action. As a cautionary note, December 31, 1985 is the deadline
for boundary changes and annexations to be effective for the tax year
1986. Your prompt action on this matter is urged.
Sincerely,
OPERATING PROPERTY
AMES S. PULLIN
DRAFTSMAN
(208) 334-4601
EQUAL OPPORTUNITY EMPLOYER
ORDINANCE NO. AT
AN ORDINANCE ANNEXIJG CERTAIN LANDS TO THE
VILLAGE OF IONA; DESCRIBING SAID LANDS AND
DECLARING SANE A PART OF TBE VILLAGE OF IONA,
BONNEVILLE COUNTY, STATE OF IDAHO.
WHEREAS, the lands hereinafter described are contiguous
and adjacent to the Village of Iona and are subject to annexation
to the Village of Iona under and pursuant to the provisions of Sec-
tion 50-303, Idaho Code, and
WHEREAS, it appears to the Board of Trustees of said Village
that said lands should be annexed to, and become a part of the Village
of Iona, Bonneville County, Idaho,
NOV, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE VILLAGE OF IONA, BONNEVILLE COUNTY, STATE OF IDAHO, AS FOLLOUS:
Section 1. That the following described lands situated in
Bonneville County, Idaho, to -wit:
Beginning at a point 33 feet south 89° 331 east along
the section line and 33 feet north Oo 4' east parallel
with the section line from the Southwest corner of Sec-
tion 6, Township 2 North,oRange 39 East of the Boise
Meridian, thence South 89 331 east 613 feet; thence
North 1512 feet; thence southwest along the south side
of the county road to a point 1461.5 feet North Oo 4t
east of point of beginning, thence South Oo 4' west to
point of beginning,
also: Beginning at the Northeast corner of the Southeast
quarter of the Southwest quarter of Section 1, Township
2 North Range 38 East of the Boise Meridian, running
thence South 35 rods 13 feet; thence West 12 rods, 10
feet; thence :;north 35 rods, 13 feet; thence east to the
point of beginning,
shall be, and the same hereby are annexed to the Village of Iona,
and shall be, and hereby are declared to be a part of the Village
of Iona, Bonneville County, Idaho.
Section 2. That this ordinance shall be in full force and
effect from the date of its passage, approval, due publication and
filing of a certified copy with the County- Recorder of Bonneville
County, State of Idaho, as required by law.
PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF IONA,
this //1.th--day of W.L4_.c., mot. t_
ATTEST:
, 1959.
Chairman
•
CJ
STATE OF IDAHO )
: ss
County of Bonneville)
I, Del Roy C. Bodily, Clerk of the Village of Iona, Bonne-
ville County, Idaho, do hereby certify that the above acid foregoing
is a full, true and correct copy of an Ordinance entitled: AN
ORDINANCE ANNEXING CERTAINLANDS TO THE VILLAGE OF IONA; DESCRIBING
SAID LANDS AND DECLARING SANE A PART OF THE VILLAGE OF IONA, BONNE-
VILLE COUNTY, IDAHO, passed by the Board of Trustees and approved
by its chairman on the /C,'itday of , 1959.
Cle
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