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FY2017-30 Amending Sections Of KIBC Title 18 Borough Real Property Chapter 18.20 Real Property Disposal - In General To Address Certain Payment And Notice Requirements.1 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 47 48 Introduced by: Borough Manager Requested By: Lands Committee Drafted by: Resource Management Officer Introduced on: 05/04/2017 Public Hearing Date: 05/18/2017 Postponed to: 08/17/2017 Adopted on:08/17/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-30 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 PAYMENT AND NOTICE REQUIREMENTS WHEREAS, the Kodiak Island Borough Lands Committee has reviewed KIBC Title 18 with the intent to improve the land sale notice and sale process; and WHEREAS, the Borough Lands Committee has discussed the potential language changes recommended below as amendments to the Kodiak Island Borough Code of Ordinances over the course of several meetings in September through December of 2016; and WHEREAS, the Borough Lands Committee has also reviewed KIBC Chapter 18.30 and has recommended specific language changes to ensure that both KIBC Chapters 18.20 and 18.30 are consistent; and WHEREAS, the Borough Lands Committee has concluded its review and editing of proposed changes to KIBC Title 18 and hereby recommends the following amendments to the Kodiak Island Borough Code of Ordinances; 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 become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That KIBC Chapter 18.20 is hereby amended by amending section 18.20.080 to read: 18.20.080 Deposit costs and Payment. A. The applicant may be required, upon 30 days' written notice, to deposit with the borough an amount equal to the estimated costs of processing an application for the disposal of borough land, including but not limited to costs of survey, appraisal, and advertising of the area subject to the application. If the applicant fails to make the deposit, the application shall be canceled. If the applicant does not accept a disposal contract within 30 days after receiving an offer thereof, all deposit money spent or encumbered for survey, appraisal, or advertising shall be forfeited, and the balance, if any, shall be returned to the applicant. If the real property that is the subject of a cost deposit is conveyed to another, the latter shall be required to pay the actual costs of application processing, survey, appraisal, and advertising, and the original deposit shall be returned to the Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold. Blue. Underlined Ordinance No. FY2017-30 Page 1 of 2 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 85 86 87 88 89 90 91 92 93 94 95 96 depositor. Where the applicant becomes the purchaser, the full amount of any deposit by the applicant shall be credited to payments due under the contract. All survey, appraisal, and advertising shall be performed only under the authorization of the borough, and any such work performed without such authorization will not be accepted. B. The manager may establish an application processing fee schedule for applications having similar circumstances. C. At the time of sale or auction, the purchaser shall pay to the borough not less than 10 the terms of the sale approved by the assembly. Section 3: That section 18.20.090 of the Kodiak Island Borough Code of Ordinances is hereby amended to read as follows: 18.20.140 Public notice. Notice of disposal of borough land by competitive bidding or proposals, or at public auction, shall, at a minimum, be published in a newspaper of general circulation within the borough once each week for two successive weeks, not less than 20 days prior to the date of the auction or opening of bids or proposals, and shall be posted in at least three public places within the borough, one of which shall be in the community nearest to the subject borough land, for at least 30 days prior to the disposal. Additional notice may be given by any means determined to be reasonable by the manager or the assembly. The notice must contain a brief description of the land, its size and general location, the proposed use, term, minimum offer, limitations, and special considerations, if any, and time and place set for the auction or bid opening. The land particular use. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEEENTH DAY OF AUGUST, 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Crow, LeDoux, Skinner, Symmons, Townsend, Vandaele Absent: Smiley Kodiak Island Borough, Alaska Ordinance No. FY2017-30 Deletion — Red, Strikeout Page 2 of 2 Insertion — Bold. Blue. Underlined