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1978-25 Adding to Title 18 of the K.I.B. Code of Ordinances a Chapter .60 Relating to Material Sales:,coo '3 the r' 2 1 1 el KODIAK ISLAND BOROUGH ORDINANCE NUMBER 78 -25 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADDING jE 18 OF THE KODIAK MATEL AD BOROUGH CODE OF ORDINANCES A ` 60 RELATING BE IT ORDAINED BY THE Assembly of the Kodiak Island ``ug 1 Title 18 of the Kodiak Island Borough Code of Ordin- is amended by adding a new Chapter .60, as follows: Chapter 18.60 Material Sales 1 8.60.010 Materials Available 18.60.020 Additional Ap lication Information 18 6 0 , p De ete 1.8.60,4Lg Volume Determination Method o a�ment 18.68 A Tarsal 1 p P ormance Bond 18.60.010 Materials Available. All materials to which ••� 3oroug h holds title may be sold pursuant to contract approved the assembly. The manager shall recommend to the assembly a rm of contract, including limitations, conditions, and terms of - sale. "Materials" means non- renewable, natural, extractive -- 3_urces, including but not limited to, gravel, sand, soil, rock = .: :eat. "Materials" shall be considered real property for the =ses of this title. 18.60.020 Additional A lication Information. A. An application for a material sale shall include 'addition to requirements in 18.20.040 a map showing or contain- following: 1. The location of the material site area oriente to topographic features or survey markers. 2. The location of adjacent property boundaries, road and water courses. 3. Names of adjoining property owners. 4. A vicinity map of appropriate scale to proper locate the application area. B. The information required in A of this section is when applying for material from a Borough designated source. td 'ige 2 � No. 78 -25 -0 18 60.p40 Volume Determination. Measurements to deter - the volume of material sold may be cross sectioning, sir iah ing `� or other method considered to give accountability of , materials sold. The purchaser shall bear the cost of volume , e ,etermination for all material sales. The Borough, on its own 1)ion may make additional volume measurements to verify the ,;`uracY re ported. 18.60.050 Method of Payment. A. A minimum of $1,000 shall be paid to the Borough „ -en executing a negotiated material contract. No refund will . e v ade if the volume removed is not equivalent to the value of : e initial payment. The balance of the negotiated contract is due as provided in the sale contract. B. Competitive bid offerings shall require the :allowing payment schedule: 1. An initial payment of $1,000 or 10% of the total contract value, whichever is more, shall be deposited at the time of the bid award. 2. The balance of the contract price shall be due as provided in the material sales contract. 3. No refund of the initial payment will be made if no material or the equivalent valued material is not removed. 4. Up to $2,000 of the initial payment may be retained by the Borough as payment deposit throughout the life of the contract to be applied to the final payment due for materials not earlier paid for. 18 .60.060 Appraisal. A. The assembly shall establish, at annual intervals, iaini unit price for material to be sold. 11 ,ari 8 B. All new and existing contracts for sale of 1 shall be adjusted automatically to reflect the price shed under paragraph A of this section, provided that, a ,;= ^`Tact price established be competitive bidding, if higher than general price established by the Assembly, shall not be - -ted. 18.60.070 Performance Bond. The manager may require e rchaser to provide a performance bond in an amount he deter - .Ines necessary to protect the Borough's interest and ensure ;j.isfactory compliance of the contract stipulations. A purchaser .jyuse a state -wide bond to meet the performance bond requirements. KODIAK ISLAND BOROUGH :7EST: ?rd inance No. 78 -25 -0 ag 3 :croug 1 k rst Reading, Approval Date: November 2, 1978 ffective Date: December 7, 1978 'econd Reading, Public Hearing, Approval Date December 7, 1978