ORDINANCE NO. 708

AN ORDINANCE OF THE CITY OF FRUITLAND, IDAHO, AMENDING TITLE 8, CHAPTER 5, SECTION 3 OF FRUITLAND CITY CODE; WHICH PROVIDES REGULATIONS FOR PROPERTY LOCATED OUTSIDE THE CITY LIMITS ELIGIBLE FOR INCLUSION IN THE REIMBURSEMENT CALCULATION; PROVIDING FOR SEVERABILITY AND A REPEALER; AND PROVIDING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRUITLAND, IDAHO:

SECTION 1: That Title 8, Chapter 5, Section 3 of the Fruitland City Code is hereby amended as follows:

8-5-3: PROPERTY ELIGIBLE FOR INCLUSION:

   A.   Any property is eligible for inclusion in the reimbursement calculation if it has been specially benefited by a street, sidewalk, bicycle trail, storm drainage facility, bridge, water main, sewer main, traffic signal, or other public improvement constructed by a developer and dedicated to the city.

   B.   Property located outside the city limits may be included in the reimbursement calculation upon application by the developer. No reimbursement, however, may be collected from such property until it has been annexed to the city, which must occur prior to the last date on which reimbursement may be collected. (1984 Code § 7-4-3)

SECTION 2: Any ordinances which are in conflict with the Ordinance are hereby repealed, but only insofar as the conflict exists.

SECTION 3: If any portion of this Ordinance should be found to be unconstitutional or unenforceable the remainder or the Ordinance shall be applied to effectuate the purpose of the Ordinance.

SECTION 4: This ordinance shall be in full force and effect immediately upon passage and publication as required by the laws of the State of Idaho.

   PASSED by the City Council and APPROVED by the Mayor of Fruitland this 22nd day of April 2024. ss. Kari Peterson, Mayor ATTEST: Suzanne Pearcy, City Clerk