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
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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
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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