1968-06 Amending Chapter 6 to Provide for Borough Borrow Leases•
KODIAK ISLAND BOROUGH
ORDINANCE NUMBER 68 -6 -0
AN ORDINANCE AMENDING CHAPTER 6 OF THE BOROUGH CODE
OF ORDINANCES AND RESOLUTIONS BY ADDING THERETO SUB- CHAPTER 1
TO PROVIDE FOR BOROUGH BORROW LEASES
WHEREAS, Chapter 6 of the Kodiak Island Borough Code
of Ordinances and Resolutions provides for the disposal of real
property to which the Borough holds title and which in the opinio
of the Borough Assembly is not needed for or devoted to a public
use and
WHEREAS, Section 14 of Chapter 6, provides that
leases for a term of five (5) years or with less than a computed
annual minimum rental of FIVE THOUSAND AND No /100ths ($5,000.00)
DOLLARS may be negotiated or offered at public auction in the
discretion of the Borough Assembly and
WHEREAS, a certain interest has been evidenced in
borrow sites on land tentatively approved for Borough selection
located in the Bells Flats area and it is believed that certain
requirements should be set forth for the leasing of such lands f
such purposes
BE IT ORDAINED:
Chapter 6 of the Kodiak Island Borough Code of
Ordinances and Resolutions is hereby amended by the addition of
Sub- Chapter 1 entitled "Borrow Leases" as follows:
Sub - Chapter 1 - Borrow Leases
Section 1: Whenever any person desires to lease fr
the Borough a borrow site he shall submit four (4) copies of his
preliminary sketch plan to the planning commission before submiss
of the final plan. The preliminary plan shall show and contain:
A. The location of present property and section
lines, streets, buildings, lakes and water courses.
Page One, ORDINANCE NO. 68 -6 -0
B. Any existing water mains, sewer lines and
culvert& within the tract or immediately adjacent or within 100
feet thereto. The location and size of the nearest water mains
and sewer lines are to be indicated in a general way upon the pla
C. The names and adjoining boundaries of all adjo -
ing subdivisions and the names of recorded owners of adjoining
parcels of the unsubdivided land and vicinity sketch.
D. North point, scale and date.
E. The plat shall be drawn at a scale of 1" = 20',
1" - 50' or 1" = 100'.
Section 2: An application letter shall be submitted
stating and including:
A. The name and address of the applicant.
B. A non - refundable application fee of TWENTY - FI
and No /100ths ($25.00) DOLLARS.
C. A general location description in rough metes
and bounds of the general area. This may be shown and described
on the preliminary plat.
D. Use material is to be put to i.e., general
gravel sales, concrete aggregate, asphalt plant, etc.
E. Term of lease - providing, however, it is
understood and agreed that any leases for over five (5) years
shall require a vote of the public for approval.
F. Estimated amount of material to be used per ye
G. Suggested rate per yard.
Section 3: The preliminary plat, after review by th
Borough Engineer or his equivalent under contract, shall be pre-
sented to the Planning and Zoning Commission as required by sub-
division ordinances for their approval.
Section 4. If the preliminary plat is approved by tt
Planning and Zoning Commission, then the applicant shall proceed
with the final survey, but not before. The final plat shall be
prepared and submitted as follows:
Page Two, ORDINANCE NO. 68 -6 -0
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A. The final plat, which shall be on tracing clo
or plaaticx in ink or in equivalent reproducible, and four (4)
prints thereof, together with copies of any covenants where such
restrictions are too lengthy to be shown on the plat, shall be
submitted to the Planning and Zoning Commission. All proposed
borrow leases shall conform to the current Borough general plan.
The Final plat shall be drawn in a neat and accurate manner with
border and title block. If more than two (2) sheets are required,
an index sheet of the same dimension shall be filed showing the
entire borrow lease on one (1) sheet with individual sheet cover-
age indicated. The size of the sheets shall be 8 -1/2" x 11 ",
11" x 17 ", 17" x 22" or 22" x 34 ". The final plat shall show:
1. The boundary lines with accurate distances
and bearings and the exact location and width of all existing and
recorded streets intersecting or adjoining the boundary of the
tract.
2. True bearings and distances to the nearest
official monuments, which shall be accurately described on the
plat.
3. Plane coordinates for at least one lease
corner, based on the system utilized by the Borough for all per-
manent monuments.
4. The exact layout including:
(a) the length of all arcs, radii, intern
angles, points of curvature, length and bearing of the tangents
for curvalinear streets.
(b) all easements for right -of -way provid
ing for public services or utilities and any limitations of the
easements.
Page Three, ORDINANCE NO. 68 -6 -0
(c) all lot numbers and lines with
accurst* dimensions in feet and hundredths and with true bearir
to minutes all of which shall close to one (1) foot in five thou-
sand (5,000) feet.
utilities.
plat and restrictions.
Page Four, ORDINANCE NO. 68-6 -0
(d) the area of the entire area to the
nearest square foot.
5. The accurate location, type and material
and size of all monuments. There shall be at least one (1)
1 -1/2" x 36" concrete filled galvanized iron pipe with 2" brass
monument cap or approved equivalent to each two (2) acres involve
(minimum of two). Each corner shall be marked with a 1/2" x 30"
galvanized iron pipe or equivalent. All monuments and lot corne
shall be properly identified in the field with stamped letters
and numbers. No monument shall be more than 1320 feet from
another monument. At least two (2) monuments shall be intervisibl
6. Name and address of the Lessee and of the
preparer of the plat.
7. North point, scale, and date.
8. The location, size, and type of all prop_ e
9. The basis of bearings.
10. Certification by a registered professional
civil engineer or land surveyor to the effect that the plat repre-
sents a survey made by him and that all monuments shown thereon
actually exist and that their location is correctly shown.
11. The following may be shown on attached
sheets if their inclusion on the plat is impracticable but a
reference to each shall be made on the plat:
(a) Private restrictions and trusteeships
and their periods of existence.
(b) Acknowledgment of the lessee to the
(c) A certificate showing that all taxes
have been paid to the date of the filing of the lease.
1
(d) Certificate of approval for the
Planning Commission, the Borough Engineer or his equivalent under
contract, and the Borough Assembly.
(e) A correct legal description by metes
and bounds of the exterior boundary of the area being leased. An
example of the Statement to accompany the final plat is as
found in the subdivision regulations example under 5.4.4 and
5.4.5 of the Kodiak Island Borough Code of Ordinances and Resoluti•n
Section 4: The final survey shall also establish a
base line for cross section quantities. This base line shall be
shown on the final plat along with accurate in feet
and hundredths and with true bearings to minutes all of which
shall close to one (1) foot in five thousand (5,000) feet to the
exterior boundary of the lease. The sections shall be taken at
fifty (50) foot intervals and at significant topographic breaks at
right angles to the base line and along the base line. Sections
are to be drawn on section paper 10" x 10" to the inch on Standard
Federal Aid size sheets. The original section field notes shall b
submitted to the Borough with the final plat.
Section 5: When all data has been approved by the
Borough Engineer or his equivalent under contract and submitted to
the Planning and Zoning Commission and Assembly and has received
final approval, the applicant shall pay the minimum annual lease
fee and a lease shall be issued.
Section 6. The lease fee shall be ONE THOUSAND TWO
HUNDRED and No /100ths ($1,200.00) DOLLARS minimum per year.
A. The ONE THOUSAND TWO HUNDRED and No /100ths
($1,200.00) DOLLARS minimum lease payment per year shall apply to
yardage used for that year, to be determined as follows:
Page Five, ORDINANCE NO. 68 -6 -0
1. Sections shall be taken yearly during the
thirty (307 days prior to the anniversary date and yardage corny
to the nearest cubic yard. These sections shall be taken by a
registered land surveyor or registered engineer and his stamp
affixed thereto that he will be responsible for the accuracy at
the time the sections were taken. The applicant shall then pay f
the cubic yards used during the previous year, less the ONE THOU-
SAND TWO HUNDRED and No /100ths ($1,200.00) DOLLARS. In the event
that the yardage value used is less than ONE THOUSAND TWO HUNDRED
and No /100ths ($1,200.00) DOLLARS no refund will be made.
2. The applicant shall be required to maintai
execavation slopes at a grade which will stand, but in no case
shall the slope be steeper than 2 to 1, excepting for a 150 -foot
maximum width working face. The applicant may use inorganic over
burden and stripped inorganic material to backfill against the bank
make the slopes. The top of the slope on the bank may not be
closer than 10 feet to any property or boundary line.
3. No account shall be given for stripped me
ial in original sections. Inorganic stripping and overburden may
be stockpiled and returned to pit. Thus the applicant shall be
given credit for landscaping and maintaining a presentable and saf
area.
4. Organic material is to be completely dis-
posed of by burning or removal from site for disposal elsewhere an
is not to be buried on the site.
5. The maximum area to be leased shall be
twenty (20) acres and the minimum area shall be three (3).
6. The lease shall be non - transferable without
written permission of the Borough Assembly. The application for
transfer shall be made to the Borough Assembly in writing and shal
state:
Page Six, ORDINANCE NO. 68 -6 -0
d
(a) the name and address of the transferee
(b) an acknowledgment that the transferee
will abide with all of the provisions and conditions of the origin
lease.
7. The Borough Engineer or his equivalent under
contract shall be responsible to see that the provisions for
borrow leases are carried out as set forth herein.
8. Leases shall be on a calendar year basis to
facilitate obtaining accurate quantity measurement. Renewal of
a lease may be issued by the Borough Chairman upon payment of the
annual lease fee and written certification by the Borough Engineer
or his equivalent under contract that the lessee has met the terms
the lease for the previous year.
Section 7: Persons desiring materials for personal us
may by application to the Kodiak Island Borough be issued a free
use permit subject to the following limitations:
1. The permit will authorize the removal of not
to exceed one hundred (100) cubic yards per calendar year, for
personal use only.
2. The materials will be removed only from the
source designated in the permit.
3. The permit will be non - transferable, except
to a borrow site lessee.
4. Any borrow site lessee removing materials fro
his site for a permit holder can present such permit for credit
along with his computations as set forth in Section 6 above.
Section 8: Use of property contrary to provisions o
this Ordinance shall be and the same is hereby declared to be
unlawful and a public nuisance and the Borough Attorney shall upon
the order of the Borough Assembly immediately commence action or
actions, proceeding or proceedings for the abatement, removal and
Page Seven, ORDINANCE NO. 68 -6 -0
enjoinment thereof in the manner provided by law, and shall take
such other steps and shall apply to such Court or courts as may
have jurisdiction to grant such relief as will abate such nuisa.
and restrain and enjoin a person from using any property contrary
to the provisions of this ordinance. All remedies provided for
herein shall be cumulative and not exclusive.
Section 9: Penalties. It shall be unlawful and
deemed a violation of the provisions of this Ordinance for any
person, corporation or association to remove borrow material from
any area other than that designated and authorized by the Kodiak
Island Borough Assembly and any person, firm, corporation or
association removing borrow material from any area other than
that designated by the Kodiak Island Borough Assembly or without
the authority of the Kodiak Island Borough as herein provided
shall be deemed guilty of a misdemeanor and upon conviction thereo
shall be fined not more than Three Hundred and No /100ths ($300.00)
•
DOLLARS or imprisoned in jail not
both such fine and imprisonment.
such person, firm, corporation or
separate and distinct violation and subject to an additional fine
and additional imprisonment or both fine and imprisonment.
Section 10: Severability. In the event any portion,
section, sub- section, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by the
decision of any court of competant jurisdiction, such decision sha
not effect the validity of the remaining portions of this Ordinanc
This Ordinance shall become effective thirty (30)
days after its adoption.
ATTEST ;/f,
BOROT GH 6
First reading
public hearing
!.. Vii. yfa, BOROUGH CHAIRMAN
d a roval date May 2, 1968
and passage date: May I
pp : second
6
1968.
Page Eight, ORDINANCE NO. 68 -6 -0
to exceed thirty (30) days or
Each and every separate act of
association shall be deemed a
KODIAK ISLAND
�BOROUGH
BY:
..4 L I
PRES D NG OFFICER
reading,