A. Legal Description: The boundaries and corporate limits of the city, including all annexed territory, whether heretofore annexed or annexed hereafter, shall be kept on file in the office of the city clerk at the city hall, and shall constitute the official boundaries and corporate limits of the city. (1983 Code § 1.12.010)
B. Territory Subject To Municipal Jurisdiction: All of the territory bounded and described and included within the legal description of the city kept on file at the office of the city clerk is declared and ordained to be within the corporate limits of the city, and to be constituted the territory subject to the jurisdiction of the city. (1983 Code § 1.12.020)
C. Jurisdiction Over Waters Of Lake Coeur d'Alene:
1. The city limits shall extend along its western boundary, where that boundary runs to the shoreline of Lake Coeur d'Alene according to the recorded plat thereof in the Kootenai County recorder's office, over the waters of Lake Coeur d'Alene for a distance of one thousand three hundred twenty feet (1,320'), measured from the low water mark of said lake 1 , including an area of submerged lands and related waters of Lake Coeur d'Alene consisting of 7.35 acres lying within the boundary of the Coeur d'Alene Indian Reservation, to be known as the "area of tribal consent", and which is specifically described as follows:
The following described area, located within the Coeur d'Alene Indian Reservation, including Government Lot 1 in Section 2, Township 47 North, Range 4 West, B.M., and including area below the high water mark of Coeur d'Alene Lake, more specifically described as follows:
Commencing at the point of the Coeur d'Alene Indian Reservation boundary on the east bank of the mouth of the Coeur d'Alene River, the POINT OF BEGINNING, thence, Southerly, along the boundary of the Reservation, a distance of 800 feet, thence, NORTH 45°00'00" West to a point that lies on the boundary of the Coeur d'Alene Indian Reservation, 800 feet westerly of the point of beginning, thence, Easterly along the Reservation boundary, a distance of 800 feet to a point on the east bank of the mouth of the Coeur d'Alene River, the POINT OF BEGINNING,
Encompassing 7.35 acres, more or less, within the Coeur d'Alene Reservation, in Kootenai County, Idaho,
and excepting therefrom all other submerged lands and related waters lying within the boundary of the Coeur d'Alene Indian Reservation, all as depicted on that certain map dated June 15, 2010, attached to the ordinance codified herein as exhibit A and incorporated herein by reference as part of this subsection.
2. All of the area encompassed within the area described in subsection C1 of this section shall be subject to all of the rules, regulations, ordinances and other laws in effect or hereafter enacted by the city council, excepting therefrom the area of tribal consent. The area of tribal consent and all tribal submerged lands and related waters of the lake lying within the boundary of the Coeur d'Alene Indian Reservation shall remain subject to the tribe's jurisdictional control and shall not be subject to any of the rules, regulations, ordinances and other laws in effect or hereafter enacted by the city council. The city shall not take any action to authorize any development, occupation or use of the tribal submerged lands and related waters within the reservation, including within the area of tribal consent.
3. The city agrees that should its corporate or municipal boundaries outside of the area of tribal consent become contiguous, as defined by Idaho law, to the lands of the Powderhorn Peninsula annexed by Harrison ordinance 2010-437, or if the application for annexation by Powderhorn Ranch, LLC, dated May 11, 2009, is withdrawn by Powderhorn Ranch, LLC, or such application is not finally approved by the city within two (2) years of the effective date of the "government to government agreement between the Coeur d'Alene Tribe Of Indians and the city of Harrison, Idaho" approved by the city on August 17, 2010, the city shall act immediately to withdraw the extension of its boundary over the area of tribal consent.
4. The city agrees that it shall not take action in the future to include within its corporate or municipal boundaries any tribal submerged lands or related waters within the current boundaries of the Coeur d'Alene Indian Reservation without the prior written consent of the Coeur d'Alene tribal council. (Ord. 438, 9-21-2010)
Notes
| 1 | 1. IC § 50-221. |