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
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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
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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
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