FY2017-16 Amending Sections Of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods And Means Of Borough Lands Disposal Process1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Introduced by:
Borough Manager
Requested by:
Lands Committee
Drafted by:
Resource Manager
Introduced:
08/18/2016
Postponed:
09/01/2016
Amended:
10/20/2016
Public Hearing:
11/03/2016
Adopted:
11/03/2016
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-16
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH AMENDING SECTIONS OF KODIAK ISLAND BOROUGH
CODE TITLE 18 BOROUGH REAL PROPERTY, CHAPTER 18.20
REAL PROPERTY DISPOSAL - IN GENERAL TO ADDRESS
CERTAIN METHODS AND MEANS OF BOROUGH LAND DISPOSAL
PROCESS
WHEREAS, the Kodiak Island Borough Lands Committee has created a subcommittee
to consider potential changes to the land disposal process in order to prepare for a future
land sale; and
WHEREAS, the subcommittee, after several meetings, has narrowed down a limited and
focused number of recommended amendments to KIBC 18.20 Real Property Disposal — In
General; and
WHEREAS, the full Borough Lands Committee has received the recommendation of the
subcommittee and now has added its own recommendation of the full Committee in
forwarding this ordinance to the Kodiak Island Borough Assembly; and,
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a general and permanent nature and shall be codified.
Section 2: The following sections of KIBC 18.20 are hereby.amended as indicated.
18.20.050 Election required.
The sale, lease or other permanent disposal of borough land valued at $250,000
$1,000.000 or more per parcel to any single individual, partnership or corporation by
means other than outcry auction shall, in addition to conforming to this title, be subject to
approval by ordinance ratified by a majority of the qualified voters voting at a regular or
special election at which the question of the ratification of the ordinance is submitted.
Notice of the election shall be given in accordance with KIBC Title 7.
18.20.70 Qualifications of applicants and bidders.
A. An applicant or bidder for a disposal of borough land is qualified if the applicant or
bidder is:
Kodiak Island Borough, Alaska
Ordinance No. FY2017-16
Page 1 of 2
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
1. A. A. r-ifizpm Af the. i i •r a States Arhas filed A demlaratie.nf iRtPR.tion te
be^^m^ a c:t;zc^ ^^c' :c 18 years of age or over;
2. 13. A group, association, or corporation which is authorized to conduct business
under the laws of Alaska; or
3. C. Acting as an agent for a person qualified under subsection A or B of this
section and has filed with the manager or designee, prior to the time set for the
disposal, a proper power of attorney or a letter of authorization creating such
agency. The agency shall represent only one principal, to the exclusion of
himself.
owed to the borough.
18.20.100 Disposal for fair market value.
A. Except as otherwise provided by this title or another provision of law, all disposal of
borough land shall be for the fair market value of the interest disposed of. The
borough may accept in exchange for borough land any consideration of sufficient
value not prohibited by law.
B. The borough may dispose of borough land to the United States, the state of
Alaska, or any political subdivision thereof, or a nonprofit corporation or
association, for less than the fair market value of the interest disposed of, upon a
finding by the assembly that the disposal will allow the use of the land for a public
purpose beneficial to the borough. It may do so by direct negotiation with the
organization acquiring the land, without conforming to KIBC 18.20.120 through
18.20.155, unless otherwise directed by the assembly.
C.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF NOVEMBER, 2016
85 ATT T:
86
87
88
89 NoM M. Javier, MMC, Borough Clerk
90
91
92 Votes:
93 Ayes: LeDoux, Smiley, Van Daele
94 Noes: Crow, Skinner, Symmons
95 Broke the tie with a yes vote: Rohrer
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Borough Mayor
Kodiak Island Borough, Alaska Ordinance No. FY2017-16
Page 2 of 2