FY2013-05 Dispostion of Tax Foreclosed Property - Larch Street Requested by: Borough Manager
1 P&Z Commission
2 Drafted by: Community Development
3 Department
Introduced: 10/04/2012
4 Public Hearing: 10/18/2012
5 Adopted: 10/18/2012
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7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2013 -05
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10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
11 DETERMINING THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND
12 ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY FINDING
13 THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND AUTHORIZING
14 THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 13 -011)
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16 WHEREAS, the Kodiak Island Borough has acquired Lot 17, Block 7, Baranof Heights
17 Subdivision 1 Addition as a result of the tax foreclosure procedure; and
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19 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states:
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21 a) The municipality shall determine by ordinance whether foreclosed
22 property deeded to the municipality shall be retained for a public
23 purpose. The ordinance must contain the legal description of the
24 property, the address or a general description of the property
25 sufficient to provide the public with notice of its location, and the
26 name of the last record owner of the property as the name appears
27 on the assessment rolls.
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29 b) Tax - foreclosed property conveyed to a municipality by tax
30 foreclosure and not required for a public purpose may be sold.
31 Before the sale of tax - foreclosed property held for a public purpose,
32 the municipality, by ordinance, shall determine that a public need
33 does not exist; and
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35 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed
36 this tax foreclosed property as required by KIBC 18.10.030 and has made a formal
37 recommendation by resolution on the parcels disposition by recommending that this
38 property should NOT be retained for a public purpose; and
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40 WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's
41 action, as required by KIBC 18.10.030; and
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43 WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed
44 property described Lot 17, Block 7, Baranof Heights Subdivision 1s Addition is declared
45 not to be of "public need" and be offered for immediate sale;
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47 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
48 BOROUGH THAT:
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50 Section 1: This ordinance is not of a general and permanent nature and shall not
51 become a part of the Kodiak Island Borough Code of Ordinances.
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Kodiak Island Borough Ordinance No. FY2013 -05
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53 Section 2: Lot 17, Block 7, Baranof Heights Subdivision 1 Addition has been
54 acquired by the Kodiak Island Borough by clerk's deed pursuant to tax
55 foreclosure and it has been determined that a public need does not exist
56 and the property will be sold at the earliest opportunity to do so.
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58 Section 3: The manager is directed to offer the property immediately by sealed bid
59 auction and the highest bidder will take ownership.
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61 Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10%
62 deposit based on the minimum bid amount shown in the bid packet. The
63 remaining balance must be paid within thirty (30) days.
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65 Section 2: If the property remains unsold after being offered for sale by sealed bid, the
66 property may be listed online for sale to any approved party for at least the
67 minimum cost.
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69
70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
71 THIS EIGHTEENTH DAY OF OCTOBER, 2012
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74 KODIAK ISLAND BOROUGH
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76 /
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78 J- wile M. Selby, Bo ough ayor
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80 ATTEST:
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84 Nova M. Javier, MMC, B ough Clerk
Kodiak Island Borough Ordinance No. FY2013 -05
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