FY2021-07 Determining The Disposition Of A Tax Foreclosed Property And1
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Introduced by: Finance Director
Drafted by: Finance Director
Introduced on: 07/16/2020
Public Hearing Date: 08/06/2020
Adopted on: 08/06/2020
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2021-07
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING
THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND ESTABLISHING INTENTION
TO SURPLUS AND SELL SAID PROPERTY BY FINDING THAT A PUBLIC NEED DOES NOT
EXIST FOR THE PROPERTY AND AUTHORIZING THE PROPERTY FOR IMMEDIATE
DISPOSAL.
WHEREAS, the Kodiak Island Borough has acquired property described as: LOT FOUR (4),
BLOCK ONE (1), ALEUTIAN HOMES, INC. SUBDIVISION, according to under Plat No. 74-9,
located in the Kodiak Recording District, Third Judicial District, State of Alaska, as a result of the
tax foreclosure procedure. This parcel PID 14379 was previously owned by Ada L. and Susan K.
Panamarioff, located at 810 Hillside Drive, Kodiak, Alaska 99615; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this
tax foreclosed property as required by KIBC 18.10.030 under P&Z Case no. 20-003, and has
made a formal recommendation by, P&Z Resolution no. FY 2020-04, that this property should be
reserved for the future public use by the City of Kodiak; and
WHEREAS, the City of Kodiak was offered the property Pursuant to Alaska State Statute Sec
29.45.450 on March 28, 2018 for the delinquent Taxes due; and
WHEREAS, the City of Kodiak was given until April 30, 2018 to inquire and purchase the
property for delinquent taxes due described as, LOT FOUR (4), BLOCK ONE (1), ALEUTIAN
HOMES, INC. SUBDIVISION, according to under Plat No. 74-9, located in the Kodiak Recording
District, Third Judicial District, State of Alaska.
WHEREAS, the City of Kodiak did contact the Finance Department about the above referenced
property but was not interested in paying the delinquent property taxes due in order to acquire
the property from the Kodiak Island Borough; and
WHEREAS, in accordance with KIBC 18.10.030, the Borough Manger, after considering the
recommendation from the Planning Commission in P&Z Resolution 2020-04 and the City of
Kodiak's response to the offer of the parcel for public purposes, recommends that the Assembly
declare that the parcel is not needed for a public purpose and authorize disposal of the parcel by
sealed bid auction; and
WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part:
Kodiak Island Borough, Alaska
Ordinance No. FY2021-07
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(a) The municipality shall determine by ordinance whether foreclosed property deeded to the
municipality shall be retained for a public purpose. The ordinance must contain the legal
description of the property, the address or a general description of the property sufficient to
provide the public with notice of its location, and the name of the last record owner of the property
as the name appears on the assessment rolls.
(b) Tax -foreclosed property conveyed to a municipality by tax foreclosure and not required for a
public purpose may be sold. Before the sale of tax -foreclosed property held for a public purpose,
the municipality, by ordinance, shall determine that a public need does not exist. The ordinance
must contain the information required under (a) of this section.; and
WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to
oversee land sale with the vacant resource manager position: and
WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax -foreclosed
properties described as LOT FOUR (4), BLOCK ONE (1), ALEUTIAN HONES, INC.
SUBDIVISION, according to under Plat No. 74-9, located in the Kodiak Recording District, Third
Judicial District, State of Alaska are declared not to be of "public need" and be offered for
immediate sale; and
WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period
for redemption of this parcel, thus the Borough is required to send a notice of the public hearing
to the last known address of the former record owner within five days of the first publication of
notice of the hearing on this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That parcel located at 810 Hillside Drive Kodiak, AK, and identified by number 14279;
Legal Description: LOT FOUR (4), BLOCK ONE (1), ALEUTIAN HOMES, INC. SUBDIVISION,
according to under Plat No. 74-9 , located in the Kodiak Recording District, Third Judicial District,
State of Alaska and formerly owned by Ada L. and Susan K. Panamarioff, has been acquired by
the Kodiak Island Borough by clerk's deed for delinquent property tax accounts for the year 2015
dated February 12, 2018, recorded as Document 2018-000359-0 in the Kodiak Recording District,
State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined
that a public need does not exist to retain this property for Borough purposes, and the property
will be sold at the earliest opportunity to do so in accordance with this ordinance.
Section 3: The finance director is directed to offer the property immediately by sealed bid auction
and the highest bidder will take ownership. The parcel shall be considered sold when the bid is
accepted.
Kodiak Island Borough, Alaska
Ordinance No. FY2021-07
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Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit
based on the minimum bid amount shown in the bid packet. The remaining balance must be paid
within thirty (30) days. The Assembly may, by resolution, provide for additional sale procedures
and terms.
Section 5: If the property remains unsold after being offered for sale by sealed bid, the property
may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold
by this method will be considered sold when the Borough receives an offer for the property if that
offer is accepted.
Section 6: This ordinance shall become effective as provided in KIBC 1.10.040.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF AUGUST, 2020.
KODIAK ISLAND BOROUGH
Mayor William Roberts
VOTES:
Ayes: Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner
Noes:
Kodiak Island Borough, Alaska
Ordinance No. FY2021-07
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