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1969-08 Amending Chapter 6 Adding SubChapter 1 Borrow LeasesKODIAK ISLAND BOROUGH ORDINANCE NUMBER 69 -8 -0 AN ORDINANCE AMENDING CHAPTER 6 OF THE BOROUGH CODE OF ORDINANCE 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 opinion 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 Bell's Flats area and it is believed that certain requirements should be set forth for the leasing of such lands for such purposes. BE IT ORDAINED: Chapter 6 of the Kodiak Island Borough Code of Ordinance and Resolutions is hereby amended by the addition of Sub- Chapter 1 entitled "Borrow Leases" as follows: Sub -Cha ter 1 - Borrow Leases Section 1. Whenever any person desires to lease from his the Borough a orrow site he shall submit four s (4) copies of hissic su cmmision preliminary sketch plan to the pl � in gn shall show and contin: of the final plan. The preliminary plan and ndtion a A. The location of present property lines, streets, buildings, lakes d water of courses.. B. The names and adjoining an subdivision and th unosubdividedd owners and adjoining p vicinity sketch. C. Norh D. Thetplatlshallcbeed awndatea scale of 1" = 20', I 1" = 50' or 1" = 100'. Page One, ORDINANCE NO. 69 -8 -0 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 -FIVE an 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. Section 3. The preliminary plat, after review by the 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 the 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: A. The final plat, which shall be on tracing cloth or plastic, in ink or in equivalent reproducible, and four (4) prints thereof, together with copies of any covenants where such restrictions are too length 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 mor 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 individr sheet coverage indicated. The size of the sheets shall be 8 -1/2" x 11 ", 11" x 17 ", 17" x 22" or 22" x 24 ". The final plat shall show: 1. The boundary lines with accurate distances and bearings and the exact location and width all existing and recorded streets intersect4ett or adjoining the boundary of the tract. 2. Grid bearings and distances to the nearest offic monuments, which shall be accurately described on the plat. 3. State plane coordinates for at least one lease corner, based on the system utilized by the Boroic for all permanent monuments. 4. The exact layout including: (a) the length of all arcs, radii, internal angl points of curvature, length and bearing of the tangents for curvalinear streets; (b) all present roads will be maintained with a right -of -way running 30' both sides of the exist ing center line; (c) all lot numbers and lines with accurate dimensions in feet and hundredths and with true bearings to minutes all of which shall close to one (1) feet in five thousand (5,000) feet; Cd) the area of the entire area to the nearest square foot; Page Two, ORDINANCE NO. 69 -8 -0 1 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 involved (minimum of two). Each corner shall be marked with a 1/2" x 30" galvanized iron pipe or equivalent. All monuments and lot corners 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 intervisible. 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 proposed utilities. 9. The basis of bearings. 10. Certification by a registered professional civi engineer or land surveyor to the effect that th plat represents 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 theiz inclusion on the plat is impracticable but a reference to each shall be made on the pl (a) private restrictions and trusteeships and their periods of existence; (b) acknowledgment of the lessee to the plat and restrictions; (c) certificate of approval of the Planning and Zoning Commission, the Borough Engineer or his equivalent under contract, and the Borough Assembly; (d) 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 sub/ division regulations example under 5.4.4 and 5.4.5 of the Kodiak Island Borough Code of Ordinances and Resolutions. Section 5. The final survey shall also establish a base line for cross section quaAties. This base line shall be shown on the final plat along with accurate dimensions in feet and hundredths and with true bearings to minutes all of which shall close to one (1) foot in one thousand (1,000) 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 angl to the base line along the base line. Sections are to be drawn on section paper 10" x 10" to the inch on Standard Federal Aid size sheets. Copies of the original field notes and cross section shall be submitted to the Borough with the final plat. Section 6. When all data has been approved by the BoroL 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. Page Three, ORDINANCE NO. 69 -8 -0 s t gt 1 Section 7. 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 ($1,200.10) DOLLARS minimum lease payment per year shall apply to yardage used for that year, to be determined as: 1. Sections shall be taken yearly at the close of the year's operation and prior to commencing operation for the next year, and yardage computtd to the nearest yard. These sections shall be taken by the Borough Engineer or his equivalent under contract. The applicant shall then pay for the cubic yards used during the previous year as follows: (a) the first 5,000 yards are to be included in the downpayment of $1,200.00. In the event tha the yardage used is less than $1,200.00, no refund will be made. (b) a charge of $.25 per cubic yard shall be made for any yardage in excess of 5,000 yards. 2. The applicant shall be required to maintain excavation slopes at a grade which will stand. The top of the slope on the bank may not be closer than 10 feet to any property or boundary line. Excavations are to be kept at a minimum of 40 feet from the center line of existing road 3. No account shall be given for stripped material in original sections. Inorganic stripping and over burden may be stockpiled and returned to pit. Thus the applicant shall be given credit for landscaping and maintaining a presentable an safe area. 4. Organic material is to be disposed of by burning or stockpiling neatly on site for later disposal and 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). The road centerline shall be used as a boundary for the leases where the road is a leas boundary. 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 shall state: (a) the name and address of the transferee (b) an acknowledgment that the transferee will abide with all of the provisions and conditions of original 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. 8. Leases shall be on a calendar year basis to facilitate obtaining quantity measurement. Rene al 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 of the lease for the previous year Page Four, ORDINANCE NO. 69 -8 -0 9, Clean -up of the areas after the leases have expired: requires any lessee who abandons or ceases to use his site within any given 6 -month period to insure that no slopes are left in a condition which are a grade greater than 2:1. The working face shall be sloped to 2:1 slope and the bottom leveled. Final inspection of the area shall be made by the Borough. The sites shall be finished and graded so as to be left in a neat, acceptable condition. Grading shall be to a degree that water will not collec or stand therein, and so that water pollution will not result in the event of possible erosiv action within the pit, except that draining of material sources used as bail sites will not be required. 10. The lessee shall also be required to furnish the Borough with a tenant's performance bond in a sum not less than $2,500.00 conditioned on lessee's faithful compliance with Section 7(a) above. Section 8. The lease shall contain a covenant whereby the lessee or tenant covenants to indemnify and save harmless the Borough against any and all claims arising from the conduct or management of or from any work or thing whatsoever done in or about the leased area or any building or structure thereon or the equip- ment used in connection therewith during the term of said lease, or arising during said term from any condition of any right -of- way or access upon the premises or arising from any act or negligen e of the tenant or any of its agents, contractors or employees, or arising from any accident, injury or damage whatsoever, however caused, to any person or persons or to the property of any person or persons, corporation or corporations, occuring during said term on, in, or about the leased premises or upon the access or right - of -way upon said premises or immediately adjacent thereto used in connection with the demised premises, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. Section 9. Use of property contrary to provisions of this Ordinance shall be and the same is hereby declared to be unlaw ful 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 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 nuisance 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 10. 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 Page Five, ORDINANCE NO. 69 -8 -0 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 as herein provided shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more that THREE HUNDRED and No /1O0ths ($300.00) DOLLARS or imprisoned in jail not to exceed thirty (30) days or both such fine or imprisonment. Each and every separate act of such person, firm, corporation or association shall be deemed a separate and distinct violation and subject to an additional fine and additional imprisonment or both fine and imprisonment. Section 11. 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 competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. This ordinance shall become effective thirty (30) days after its adoption. ATTEST: &e�hcrc/ d7 CLERK Page Six, ORDINANCE NO. 69 -8 -0 KODIAK ISLAND BOROUGH BY:. /LuQ7�� • (:,-7 RESIDING OFFICER First Reading after amendment; July 3, 1969 Second Reading, Public Hearing & Passage Date: July :23, 1969 Effective Date: August 728, 1969