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1980-28 Amending Title 18 of the K.I.B. Code Pertaining to Land Disposal Procedure1 'I I Page 1 of 8 Sections: 7 1 ? I KODIAK ISLAND BOROUGH ORDINANCE NO. 80- 28 -0 AN ORDINANCE AMENDING TITLE 18 OF THE KODIAK CODE PERTAINING TO LAND DISPOSAL PROCEDURE. The Kodiak Island Borough Assembly ordains: Section 1. Kodiak Island Borough Code 18 1 0 and 18.30 are repealed and renacted as follows: / CHAPTER 18.20 REAL PROPERTY DISPOSAL GENERAL ISLAND BOROUGH / 18.20.010 Application •f Chapter and Title to Real 18.20.020 Disposal Authority 18.20.030 Review by Manning Commission; Assembly Approval 18.20.040 Disposi on and Sale of Tax - Foreclosed Proper es 18.20.050 Elect n Required 18.20.060 Appl' ations 18.20.070 Qual fication of Applicants and Bidders 18.20.080 Dep sit Costs 1 8.20.090 De elopment Plans 18.20.100 Disposal for Fair Market Value 18.20.110. and Disposal Procedure -In General 18.20.120 ;Land Disposal Methods 18.20.130 "Appraisal 18.20.140, ,' Public Notice � 18.20.15 7 Award- Rejection of Bids or Proposals 18.20.1 6/ Disposal by Conveyance 18.20.170 Definitions 18.20.010 Application of Chapter and Title to Real Property Disposals A. Except as t1is title provides otherwise, this chapter governs aAl disposals of Borough land. B. No con tact, lease or conveyance pertaining to the disposal of real property by the Borough may be enforced against the Borough unless the contract, lease or conveyance was awaVded approved and executed in accordance with this / ti *le. C. TX:is section shall not be construed to invalidate any / contract, or any legal or equitable interest in real /property, existing prior to its enactment. 18/.20.020 Disposal Authority Except where this title or another provision of law stablishes a specific mandatory procedure for disposing of 1 Pane 2 of 8 o i 1 2 Borough land, the Borough may dispose of Borough land in any manner not prohibited by law. 18.20.030 Review by Planning Commission; Assembly Approval Except for disposals required by law: A. Each disposal of Borough land is subject to review by the Planning Commission before submission to the Assembly. The Commission by resolution shall make a recommendation to the Assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by Assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. 18.20.040 Disposition and Sale of Tax - Foreclosed Properties The Assembly, by ordinance, shall provide for the disposition or sale of tax - foreclosed land, including the retention of such property by the Borough for a public purpose, in accordance with AS 29.53.370. 18.20.050 Election Required The sale, lease or other permanent disposal of Borough land not acquired from the State and valued at $25,000 or more, 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 AS 29.48.260. 18.20.060 Applications A. Application for a disposal of Borough land under this title shall be filed with the clerk on forms furnished at the clerk's office. Only forms completed in full and accompanied by a non - refundable twenty -five dollar filing fee will be accepted for filing. B. The filing of an application shall not in any way vest in the applicant any right to the Borough land or to the use thereof applied for. 1 `7 Page 3 of 8 1 1 2 5 18.20.070 Qualifications of Applicants and Bidders An applicant or bidder for a disposal of Borough land is qualified if the applicant or bidder is: A. A citizen of the United States or has filed a declaration of intention to become a citizen, and is eighteen years of age or over; B. A group, association,•or corporation which is authorized to conduct business under the laws of Alaska; or C. Acting as an agent for a person qualified under A or B of this section and has filed with the Borough manager or his desighee, prior to the time set for the disposal, a proper power of attorney or a letter of authorization creating such agency. The agent shall represent only one principal, to the exclusion of himself. 18.20.080 Deposit Costs A. The costs of processing an application for the disposal of Borough land, including but not limited to survey, appraisal, and advertising of the area subject to the application, shall be estimated by the Borough. The applicant shall make a deposit with the Borough in the amount of the cost estimate within thirty calendar days after the date of written notice thereof. If the applicant fails to make the deposit, the application shall be cancelled. If the applicant does not accept a disposal contract within thirty 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 depositor. Where the applicant becomes the purchaser, he shall pay any excess of costs over deposits and where the deposit exceeds actual costs, the 0 1 1 ■ excess shall be credited to payments 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. 18.20.09 Development Plans A. To qualify to bid for a disposal requiring a development plan, a prospective bidder shall submit to the manager plans for the contemplated development conforming to the specifications in the request for bids or proposals. development plans shall be stated B. The time for submitting in the request for bids or proposals for the disposal. C. Applicants submitting develop ment plans failing to meet the specifications shall not be qualified to bid. Each applicant submitting a development plan shall be notified in writing of the decision to accept or reject the applicant's development plan. D. Minimum standards of a development plan are as follows: 1. A layout sketch to show reasonable use of the area being offered and nature of improvements to be constructed; 2. The estimated value of the capital improvements to be placed on the land and type of construction; 3. A development schedule showing the time frame in which the improvements will be constructed; 4. The proposed development shall conform to the zoning, building codes and all applicable federal, state, and local laws; 5. Other requirements as may be stated in the request for bids or proposals for the disposal. E. The manager may require proof of an applicant's financial capability to complete the proposed development. F. The development plan and schedule for development may be ) n ' , incorporated into the disposal contract for enforcement of its completion. 18.20.100 Disposal for Fair Market Value A. Except as otherwise provided by this title or another provision of law, all disposals 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 non - profit 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. 18.20.110 Land Disposal Procedure -In General A. Except as this title provides otherwise, where the Borough is required to dispose of land for fair market value, it shall dispose of the land in accordance with Sections 18.20.120 through 18.20.150. B. Where the Borough may dispose of land for less than fair market value, it may do so by direct negotiation with the person acquiring the land, and without conforming to Sections 18.20.120 through 18.20.150, unless otherwise directed by the Assembly. 18.20.120 Land Disposal Methods The Assembly may select any of the following disposal methods: A. Where specifically permitted under this title, direct negotiations with interested parties who seek to acquire Borough land. B. Invite sealed bids for Borough land, specifying the time and place for receiving bids and the minimum acceptable bid. C. Offer Borough land for sale at public auction, specifying a minimum acceptable bid. Page 5 of 8 1 1 2 . D. Invite proposals to purchase Borough land. The invitation shall specify the basis upon which proposals shall be evaluated, which may include but need not be limited to the proposed acquisition price, the quality of proposed development of land and its benefit to the community, the qualifications and organization of the proposer, the value of the proposed improvements to the land and the rents or resale prices to be charged by the proposer. 18.20.130 Appraisal Borough land shall be appraised within ninety days prior to the date fixed for its disposal. The appraisal shall be performed by the assessor or a qualified appraiser and reflect the fair market value of the land and Borough improvements located thereon. 18.20.140 Public Notice Notice of disposals of Borough land by competetive 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 twenty 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 thirty 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, if any, and time and place set for the auction or bid opening. 18.20.150 Award - Rejection of Bids or Proposals A. Borough land disposals by competetive bidding or proposals shall be awarded by the Assembly, after considering the recommendation of the manager. The Assembly shall make th- award to the best bidder or proposer in accordance with tt._ criteria set forth in the invitation for bids or proposals. 1 0 !1 '? ! ' 1 1 1 0 KODIAK ISLAND BOROUGH ORDINANCE NO. 80 -29 -0 AN ORDINANCE ENACTING TITLE 4 OF THE KODIAK ISLAND BOROUGH CODE PERTAINING TO SERVICE AREAS. The Kodiak Island Borough Assembly ordains: Section 1. Title 4 of the Kodiak Island Borough Code is enacted as follows: TITLE 4. SERVICE AREAS CHAPTERS: 4.05 FORMATION AND MODIFICATION OF SERVICE AREAS 4.10 SERVICES WITHIN SERVICE AREAS 4.15 SERVICE AREA BOARDS OF SUPERVISORS 4.20 SERVICE AREA OPERATION 4 .30 SERVICE AREA DISCRIPTIONS AND POWERS ADOPTED 4.40 ASSESSMENT DISTRICTS WITHIN SERVICE AREAS CHAPTER 4.05 FORMATION AND MODIFICATION OF SERVICE AREAS SECTIONS: 4.05.010 Establishing, Altering, Abolishing Service Areas - General 4.05.020 Initiation of Action 4.05.030 Initiation by Petition 4.05.040 Initiation by Assembly 4.05.050 Standards for Assembly Action 4.05.060 Election Required 4.05.010 Establishing, Altering, Abolishing Service Areas - General. The Assembly by ordinance may establish, alter or abolish service areas, subject to the provisions of this chapter. The Borough may provide services within a service area only in accordance with Chapter 4.10. 4.05.020 Initiation of Action. The establishing, altering or abolishine of A AAnui nc 4.05.030 Initiation by Petition. A. A petition to establish, alter or abolish a service area shall contain the signatures of persons wno own at least 25% of the real property within the boundaries proposed to be established, altered or abolished. All signatures on the petition shall be dated within 60 days of the submission of the petition. In addition to the signatures the petition also shall contain: 1. The residence and mailing address of, and a legal 'description of the relevant real property owned by, each signer; 2. The name and mailing address of a representative designated to receive correspondence on behalf of the signers; 3. A statement of the services provided, or proposed to be provided, in the service area; and 4. A vicinity map indicating the area in which the service area is proposed to be established, altered or abolished. B. The petition shall be submitted to the Borough Clerk, who shall review it for conformity to this subsection. The clerk shall return an insufficient petition to its sponsors with a written description of its deficiencies. C. The clerk shall refer a sufficient petition to the manager, who shall prepare and submit to the Assembly an ordinance effecting the proposed action. 4.05.040 Initiation by Assembly. The Assembly shall initiate the establishing, altering or abolishing of a service area by introducing an ordinance effecting the proposed action. 4.05.050 Standards for Assembly Action. A. In acting on an ordinance under this chapter the Assembly shall consider and make findings on the following issues: nnn 1 114 1. The need for services within the area, and the feasibility of providing them, considering the area's size, population, and the facilities and services already existing therein; 2. The assessed or estimated value of all taxable property within the area; 3. The characteristics of the area indicating its cohesiveness as a community; and 4. The area's ability to pay for the proposed service. B. No lot, tract or parcel shall be in more than one service area. 4 4.05.060 Election Required. A. An ordinance altering or abolishing a service area within which one or more services are being provided shall not be effective unless approved by a majority of the qualified voters voting on the question in each area affected by the ordinance. The question shall be submitted and the result implemented as provided in Chapter 4.10. B. For the purposes of this section the area affected by the abolishing of a service area is the entire service area. The area affected by the altering of a service area is the area thereby annexed to, or detached from, the service area, unless the Assembly finds that the entire existing service area is affected by the proposed alteration. In making this finding the Assembly shall consider the effect of the alteration on the level of service and cost of service throughout the existing service area. CHAPTER 4.10 SERVICES WITHIN SERVICE AREAS SECTIONS: 4.10.010 Election Required 4.10.020 Initiation of Election 4.10.030 Form of Ordinance 4.10.040 Commencement of Services Ord. No. 80 -29 -0 Page 1 n j - n i i 1 3 4.10.010 Election Required. The providing or abolishing of any service witnin a service area must be approved by a majority of the qualified voters residing within the service area and voting on the question. 4.10.020 Initiation of Election. The Assembly by ordinance may submit to the voters the question of providing a service within a service area. The ordinance shall be initiated by petition or by the Assembly as provided in Chapter 4.05. 4.10.030 Form of Ordinance. An ordinance under Section 4.10.020 shall include the following: A. A statement of the question to be submitted to the voters. The providing of each proposed service shall be presented as a separate question, except for services which the Assembly finds may not be provided feasibly unless provided with one another. B. The date of the election, which shall be a special election unless a regular election is scheduled within 90 days of the enactment of the ordinance. C. Amendments to any provisions of this code that are necessary to implement the ordinance, to be effective only upon voter approval of the question. 4.10.040 Commencement of Services. Unless the ordinance submitting the question provides otherwise, the providing of a service in a service area shall commence on July 1 following certification of the election approving the providing of the service. Ord. No. 80 -29 -0 1 1 A. A CHAPTER 4.15 SERVICE AREA BOARDS OF SUPERVISORS SECTIONS: 4.15.010 Boards Established 4.15.020 Composition, Election, Qualifications 4.15.030 Term .4.15.040 Vacancies 4.15.050 Compensation 4.15.060 Officers 4.15.070 Meetings, Quorum 4.15.080 Rules of Procedure 4.15.010 Boards Established. There shall be a Board of Supervisors for each service area. The Board of Supervisors shall have the powers and duties prescribed in Chapter 4.20. 4.15.020 Composition, Election, Qualifications. A Board of Supervisors shall consist of three members, or more as the Assembly may determine by ordinance. Members of a Board of Supervisors shall be elected by the qualified voters within the service area at a regular election, or at a special election called for that purpose. Each board member shall be qualified to vote within the Borough and shall be a resident of the service area. 4.15.030 Term. A board member's term shall be three years, and until his successor is elected and qualifies; provided that when a new board is established, the initial board members shall draw lots to divide the membership substantially into thirds, to serve terms of one, two and three years, respectively, so that the terms of board members will be staggered; and provided further that an unexpired term that began before the effective date of this title shall continue until the time provided for its expiration under the law in effect when it began. - ? 1 '! 1 '1 7 4.15.040 Vacancies. A. A vacancy on a board shall be filled by a majority of the remaining board members, subject to Assembly confirmation, until the next regular election. At the next regular election, the qualified voters within the service area shall elect a board member to serve for the remainder, if any, of the term of the former member. B. A vacancy occurs when: - 1. An elected candidate fails to qualify and assume the duties of the office within 30 says of certification of the election; 2. A member departs the Borough intending to remain outside the Borough for 90 days or more; 3. A member submits a resignation accepted by the Assembly; 4. A member, due to incapacity or absence from the Borough, cannot attend board meetings for 90 days or more; 5. A member is absent from three consecutive regular board meetings without the board excusing any such absence. 6. A member ceases to be qualified under Section 4.15.020. 4.15.050 Compensation. Board members shall be compensated as provided by resolution of the Assembly, and shall be reimbursed for reasonable expenses incurred in the performance of their duties. 4.15.060 Officers. Each board annually shall select from its membership a chairman, vice chairman, and secretary. The chairman shall preside at meetings of the board, and shall represent the boars as directed by its membership. The vice chairman shall act it the absence of the chairman. The secretary shall keep minutes of the board's proceedings. Ord. No. 80 ■29 ■0 PAPP f 0 1 i 1 3 1 4 5 vie 4.15.070 Meetings, Quorum. A. A board shall hold a regular meeting once a quarter, or more frequently in accordance with the board's rules of procedure. Tne chairman or three board members may call a special meeting of their board. B. A majority of the authorized membership of a board constitutes a quorum. All board actions shall be by vote of a majority of the board's authorizea membership who are qualified to vote on the question under section 4.15.090. 4.15.080 Rules of Procedure. A board may, by resolution, adopt its own written rules of procedure, consistent with this title, governing the conduct of its proceedit►gs. In all matters of procedure not governed by such rules or this title, Robert's Rules of Order, Newly Revised, shall govern. 4.15.090 Conflict of Interest. Board members are subject to the conflict of interest rules for elected Municipal officials. SECTIONS: 4.20.010 Authority and Duties of Assembly 4.20.020 Authority and Duties of Manager 4.20.030 Authority and Duties of Boards 4.20.040 Public Hearing 4.20.010 Authority ana Duties of Assembly. The rate of taxation and the issuance of bonds to finance services within a service area, and the operating and capital budgets for the service area, are subject to Assembly approval. CHAPTER 4.20 SERVICE AREA OPERATION ) 9 I ) 1 9 1 7 4.20.020 Authority and Duties of Manager. A. The manager shall provide staff assistance to boards for the developing of service area work programs ana budgets. B. Except as provided in any procedures adopted under D of this section, the manager shall execute the approved operating budget and capital budget for each service area, and direct and supervise the administration of all Borough activities in the service area. C. In performing the duties in B of this section, the manager shall adhere to the specifications and priorities in each adopted service area work program, subject to the availability of appropriated funds. D. The manager and a board may adopt, subject to Assembly approval, procedures for the board to participate in developing contract specifications, contractor selection, and monitoring and supervising contractor performance, for contractors hired by the Borough to perform services under service area budgets. 4.20.030 Authority and Duties of Boards. A. On or before March 31st of each year, each board shall adopt a service area work program for the next borough fiscal year. The work program shall be a detailed statement of the level of services desires by the service area, and the service area's priorities for operating and capital expenditures. B. Concurrently with the adoption of the service area work program, each board shall adopt a service area operating budget and capital budget for the next Borough fiscal year. The budgets shall be consistent with the service area work program and shall be in a form compatible with the Borough operating budget and capital budget, respectively. The service area budgets shall be incorporated in the Borough budget for submission to the Assembly. Ord. No. 80 -29 -0 Page 8 1') C. A Board shall participate in the administration of services in its service area in accordance with procedures adopted under Section 4.20.020D and shall advise the manager and Assembly regarding the execution of the work program and budgets for its service area. 4.20.040 Public Hearing. Each board shall hold at least one public hearing within its service area befcre adopting the service area work program, operating budget and capital budget. Notice of the public hearing shall be published at least once a week for two consecutive weeks before the public hearing in a newspaper of general circulation in the service area. Copies of the proposed service area work program, operating budget, and capital budget shall be available to the public at the Borough Clerk's Office and at such other places as the Board may designate, at least seven (7) days before the public hearing. SECTIONS: 4.30.010 Bells Flats- Russian Creek Service Area 4.30.020 Monashka Service Area 4.30.030 Mill Bay - Island Lake - Spruce Cape Service Area 4.30.031 Water Service District Number One 4.03.035 Special Service District Within Mill Bay - Island Lake - Spruce Cape Service Area 4.30.040 Fire Protection Area Number One 4.30.010 Bells Flats- Russian Creek Service Area. The Bells Flats- Russian Creek Service Area is established pursuant to Ordinance 75 -26 -0 and encompasses the area described in that Ordinance. Road Services shall be provided in the Bells Flats- Russian. Creek Service Area. 4.30.020 Monashka Service Area. The Monashka Service Area is established pursuant to Ordinance 77 -35 -0 and encompasses the area described in that Ordinance less the area described in Ordinance 78 -6 -0. CHAPTER 4.30 SERVICE AREA DESCRIPTIONS AND POWERS ADOPTED NW/ L.111_211 Mill Ba - Island Lake -S ruce Ca e Service Area. The Mill Bay - Island Lake - Spruce Cape Service Area is established pursuant to Ordinance 78-6 -0 and encompasses the area described in that Ordinance. Sewer, water and road service may be provided in this area. 4.3_ 0_031 Water Service District Number One. Water Service District Number One is established in the Mill Bay - Island Lake - Spruce Cape Service Area pursuant to Ordinance 68 -24 -0 and encompasses the area described in that Ordinance. Water services shall be provided in Water Service Area Number One. 4.30.035 S ecial Service District Within Mill Ba - Island Lake - S ruce Ca a Service Area. A Special Service District is established within the Mill Bay - Island Lake - Spruce Cape Service Area pursuant to Ordinance 64 -3 and encompasses the area described in that Ordinance. Water services shall be provided in that Sp ecial Service District. 4.30_040 Fire Protection Area Number One. pursuant Fire Protection Area Number One is established p to Ordinance 68 -23 -0 and encompasses the area described in that Ordinance. Fire protection services shall be provided in Fire. Protection Area Number One. CHAPTER 4.40 ASSESSMENT DISTRICTS WITHIN SERVICE AREAS SECTIONS: 4.40.010 Authority to Assess 4.40.020 Methods of Initiating District 4.40.030 Report By Manager 4.40.040 Protest 4.40.050 Public Hearing; Assembly Action 4.40.060 Modification or Abandonment of Improvement After District Formation. 4.40.070 Assessment Roll 4.40.080 Public Hearing; Confirmation of Roll 4.40.090 Payment 4.40.100 Reassessment 4.40.110 Objection and Appeal 4.40.120 Dissolution of Assessment District 4.40.130 Costs of Improvement; Assessable Costs 4.40.140 Allocation of Assessable Costs 4.40.150 Notice 4.40.010 Authority to Assess. A. In accordance with this chapter the Assembly may form assessment districts consisting of all the propertY bene- fited by capital improvements and assess against the benefited property all or part of the cost of constructing or improving the capital improvements. B. The Assembly may assess any benefited property, notwith- standing that the propertY otherwise by law is exempt from taxation, except as provided in AS 29.63.065. 4.40.020 Methods of Initiating District. An assessment district may be initiated by: A. Filing with the Borough Clerk on a form prescribed by the manager a petition to form the district signed by the owners of more than one -half in value of the propertY to be bene- fited by the proposed improvement; or B. A majority vote the Assembly. 4.40.030 Report By Manager. For every assessment district that is initiated, the manager shall report to the Assembly regarding the need for, the desirable extent of, and the estimated cost of the proposed improvement. The manager shall present the report to the Assembly no later than the time of the public hearing on the proposed improvement. 4.40.040 Protest. A. Any owner of property within a proposed assessment district may protest as to the necessity of the improvement to be constructed therein. A protest is effective only if n ! I n S filed with the Borough Clerk no later than 5:00 p.m. on the last day the Borough offices are open prior to the day of the public hearing under Section 4.40.050. Once a petition to initiate an assessment district has been filed, no signer of the petition may withdraw from the petition except by filing a protest in accordance with this section. B. If the owners of prop which will bear fifty (50) percent or more of the amount assessed for the improvement protest the improvement in accordance with A of this section, the Assembly may not proceed with the improvement unless: 1. The number of protests has been reduced so as to represent property which will bear less than fifty (50) percent of the amount assessed for the improve- ment; or 2. At least three - fourths of the Assembly approves proceeding with the improvement. 4.40.050 Public Hearing; Assembly Action. A. The Assembly shall hold a public hearing on the necessity of the proposed improvement. After the public hearing the Assembly shall, by resolution, determine whether to proceed with the proposed improvement. B. The Assembly may determine to increase or decrease the extent of the proposed improvement or the number of properties benefited thereby; provided that if the Assembly determines to proceed with an improvement of greater extent or benefiting more properties than proposed, the determination to proceed shall be treated as the initiation of an assess— ment district by the Assembly under Section 4.40.020. C. Where a determination to proceed is not treated as the initiation of an assessment district by the Assembly under B of this section, the determination shall be in the form of a resolution forming an assessment district. The resolution shall find that the proposed improvement is necessary and of benefit to the properties to be assessed, n . a )S,. 518_ 1 and that the district was initiated in accordance with Section 4.40.020. The resolution shall describe the improvement and its location, the properties to be assessed, and the method of allocating the improvement cost among the benefitted properties. The Assembly's findings as to compliance with Section 4.40.020 and as to the necessity of the proposed improvement shall be conclusive. 4.40.060 Modification or, Abandonment of Improvement After District Formation. A. If the Assembly finds that it is in the best interest of the Borough to do so, it may, after holding a public hearing, reduce the extent of the improvement as des- cribed in the resolution forming the assessment district, and modify its determination of the properties benefitted by the improvement accordingly. B. If the Assembly determines it is in the best interest of the Borough to do so, it may, after holding a public hearing, approve a resolution terminating work on the public improvement and dissolving the assessment district. If a district is dissolved under this subsection, no assessment may be levied pursuant thereto, but the costs incurred for the improvement before the dissolution may be assessed as costs of the improvement under any subsequent assessment district under which the improvement is completed. 4.40.070 Assessment Roll After the improvement has been completed, and the costs of the improvement determined, the manager shall prepare an assessment roll for the district. The roll shall describe the properties to be assessed and name their owners in accordance with the current records of the Borough Assessor, and state the amount assessed against each property. Z 1 5 r 4.40.080 Public Hearing; Confirmation of Roll. A. After the assessment roll is completed, the Assembly shall hold a public hearing at which any owner of property to be assessed may object to the roll by presenting evidence of errors and equalities in the roll. After the public hearing the Assembly may correct any error or inequality in the assessment roll. When the roll is finally determined the Borough Clerk shall so certify. B. After the public hearing and final determination of the assessment roll, the Assembly shall enact a resolution confirming the roll and levying assessments in accordance therewith, and establishing a schedule for paying the assessments. 4.40.090 Payment. A. The resolution confirming and levying may require payment of assessments in one sum or in installments, but no sum or installment may exceed twenty -five (25) percent of the assessed value of the property against which it is levied, and no assessment payment shall be due sooner than sixty (60) days after enactment of the resolution confirming and levying assessments. B. Installment payments shall bear interest at a rate equal to the effective rate of interest of the bonds that the Borough last sold to finance similar improvements prior to enactment of the resolution confirming and levying assessments. Installment payments shall be applied first to accrued interest, then to principal. C. Within thirty (30) days of enactment of the resolution confirming and levying assessments, the Borough Clerk shall mail a statement to the owner of record of each property assessed. The statement shall designate the property, the assessment amount, the time payments are due, and the penalities for past due payments. ) 1 1 4 Nier D. Penalties and interest on past due assessment payments are the same as for real property taxes. Assessments are liens upon the property assessed and are prior and paramount to all liens except municipal tax liens. They may be enforced in the manner provided for real property tax liens. 4.40.100 Reassessment. A. The Assembly shall within one year correct any deficiency in a special assessment found by a court. B. Notice and hearing must conform to the initial assessment procedures. C. Payments on the initial assessment are credited to the property upon reassessment. D. The reassessment becomes a charge upon the property not- withstanding failure to comply with any provision of the assessment procedure. 4.40.110 Objection and Appeal. A. The regularity or validity not be contested by a person who did not file with the Borough Clerk a written objection to the assessment. roll before its confirmation. B. The decision of the Assembly upon an objection may be appealed to the superior court within thirty (30) days of the date of confirmation of the assessment roll. C. If no objection is filed or an appeal taken within the time provided in this section, the assessment procedure shall be considered regular and valid in all respects. 4.40.120 Dissolution of Assessment District. An assessment district may be dissolved by Assembly reeQ.lution at any time after all assessments have been paid. 4.40.130 Costs of Improvement; Assessable Costs. A. The costs of an improvement shall include the cost of acquiring interests in real property for the improvement, design, engineering and contract administration, admin- istrative overhead, bond costs and interest incurred to finance the improvement, and all other costs incurred in constructing the improvement. B. The cost of an improvement that is assessable under this chapter shall be the total cost of the improvement under A of this section, less the amount of any grant funds that the Borough uses to defray the cost of the improvement. 4.40.140 Allocation of Assessable Costs. In the resolution forming an assessment district, the Assembly may adopt any of the following methods which the Assembly finds will allocate the assessable costs among the benefitted properties proportionally to the benefit that the improvement will confer on each: A. Allocation of costs on a zone basis; B. Allocation of costs on a per front foot basis; C. Allocation of costs on a per square foot basis; D. Allocation of costs on a per lot basis; E. Allocation of costs on any other basis that reasonably relates the costs assessed to the benefit received from the improvement. 4.40.150 Notice. A. Notice of any public hearing required under this chapter chapter shall be given in accordance with B and C of this section. B. Forms of Notice of a Public Hearing 1. Publication in a newspaper of general circulation in the Borough at least once a week for two consecutive weeks prior to the public hearing. 2. Mailing at least fifteen (15) days before the public hearing to all record owners of property proposed to be assessed under the assessment district. As used in this paragraph, record owner means the person or persons listed as the owner of the property on the current property tax records of the Borough Assessor. The notice shall be mailed to the record owner at the address stated in the current property tax records of the Borough Assessor. 0 1 1 3 S , C. Every notice of a public hearing required by this section shall state the date, time, location and purpose of the public hearing, describe the improvement, and, for the notice by mail, state the amount of the estimated or actual assessment against the property of the addressee. The notice by mail shall generally inform the addressee of the manner and method of protesting or objecting to the action to be taken at the public hearing. D. The failure of any person to receive any notice required by this chapter, where the records of the Borough indicate the notice was provided in a timely and proper manner, shall not affect the validity of any proceeding under this chapter. PASSED AND APPROVED this 7th day of August , 1980. ATTEST: C erk 11;: FIRST READING, APPROVAL DATE: June 5, 1980 SECOND READING, PUBLIC HEARING DATE: July 2, 1980 PASSAGE DATE: August 7, 1980 EFFECTIVE DATE: August 7, 1980 Ord. No. 80 - 29 - Page 17 KODIAK ISLAND BOROUGH B r) 1 1 KODIAK ISLAND BOROUGH ORDINANCE NO. 80- 28 -0 AN ORDINANCE AMENDING TITLE 18 OF THE KODIAK ISLAND BOROUGH CODE PERTAINING TO LAND DISPOSAL PROCEDURE. The Kodiak Island Borough Assembly ordains: Section 1. Kodiak Island Borough Code 18.20 and 18.30 are repealed and renacted as follows: CHAPTER 18.20 REAL PROPERTY DISPOSAL -IN GENERAL Sections: 18.20.010 18.20.020 18.20.030 18.20.040 18.20.050 18.20.060 18.20.070 18.20.080 18.20.090 18.20.100 18.20.110 18.20.120 18.20.130 18.20.140 18.20.150 18.20.160 18.20.170 Application of Chapter and Title to Real Property Disposals Disposal Authority Review by Planning Commission; Assembly Approval Disposition and Sale of Tax - Foreclosed Properties Election Required Applications Qualification of Applicants and Bidders Deposit Costs Development Plans Disposal for Fair Market Value Land Disposal Procedure -In General Land Disposal Methods Appraisal Public Notice Award- Rejection of Bids or Proposals Disposal by Conveyance Definitions 18.20.010 Application of Chapter and Title to Real Property Disposals A. Except as this title provides otherwise, this chapter governs all disposals of Borough land. B. No contract, lease or conveyance pertaining to the disposal of real property by the Borough may be enforced against the Borough unless the contract, lease or conveyance was awarded, approved and executed in accordance with this title. C. This section shall not be construed to invalidate any contract, or any legal or equitable interest in real property, existing prior to its enactment. 18.20.020 Disposal Authority Except where this title or another provision of law establishes a specific mandatory procedure for disposing of r) 1 1 t Borough land, the Borough may dispose of Borough land in any manner not prohibited by law. 18.20.030 Review by Plannin Commission. Assembl A royal Except for disposals required by law: A. Each disposal of Borough land is subject to review by the Planning Commission before submission to the Assembly. The Commission by resolution shall make a recommendation to the Assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by Assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. 18.20.040 Dis osition and Sale of Tax - Foreclosed Pro erties Y The Assembly, by ordinance, shall provide for the disposition or sale of tax - foreclosed land, including the retention of such property by the Borough for a public purpose, in accordance with AS 29.53.370. 1 18.20.050 Election Required The sale, lease or other permanent disposal of Borough iana not acquired from the State and valued at $25,000 or more, 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 AS 29.48.260. 18.20.060 Applications A. Application for a disposal of Borough land under this title shall be filed with the clerk on forms furnished at the clerk's office. Only forms completed in full and accompanied by a non - refundable twenty -five dollar filing fee will be accepted for filing. B. The filing of an application shall not in any way vest in the applicant any right to the Borough land or to the use thereof applied for. 1 18.20.070 Qualifications of Applicants and Bidders An applicant or bidder for a disposal of Borough land is qualified if the applicant or bidder is: A. A citizen of the United States or has filed a declaration of intention to become a citizen, and is eighteen years of age or over; B. A group, association, or corporation which is authorized to conduct business under the laws of Alaska; or C. Acting as an agent for a person qualified under A or B of this section and has filed with the Borough manager or his designee, prior to the time set for the disposal, a proper power of attorney or a letter of authorization creating such agency. The agent shall represent only one principal, to the exclusion of himself. 18.20.080 Deposit Costs A. The applicant may be required, upon thirty (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 advertizing of the area subject to the application. If the applicant fails to make the deposit, the application shall be cancelled. If the applicant does not accept a disposal contract within thirty 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 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 Page 3 of 8 7 1 .a di :1 1 1 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. 18.20.090 Development Plans A. To qualify to bid for a disposal requiring a development plan, a prospective bidder shall submit to the manager plans for the contemplated development conforming to the specifications in the request for bids or proposals. B. The time for submitting development plans snall be stated in the request for bids or proposals for the disposal. C. Development plans not meeting minimum standards will be returned to the applicant for revision and re- submission within ten (10) days after return to the applicant. Applicants submitting development plans failing to meet minimum standards shall not be qualified to bid. Each applicant submitting a development plan shall be notified in writing of the decision to accept or reject the individual's development plan. D. Minimum standards of a development plan are as follows: 1. A layout sketch to show reasonable use of the area being offered and nature of improvements to be constructed; 2. The estimated value of the capital improvements to be placed on the land and type of construction; 3. A development schedule showing the time frame in which the improvements will be constructed; 4. The proposed development shall conform to the zoning, building codes and all applicable federal, state, and local laws; 5. Other requirements as may be stated in the request for bids or proposals for the disposal. E. The manager may require proof of an applicant's financial capability to complete the proposed development. F. The development plan and schedule for development may be J 1 incorporated into the disposal contract for enforcement of its completion. 18.20.100 Disposal for Fair Market Value A. Except as otherwise provided by this title or another provision of law, all disposals 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 non - profit 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. 18.20.110 Land Disposal Procedure -In General A. Except as this title provides otherwise, where the Borough is required to dispose of land for fair market value, it shall dispose of the land in accordance with Sections 18.20.120 through 18.20.150. B. Where the Borough may dispose of land for less than fair market value, it may do so by direct negotiation with the person acquiring the land, and without conforming to Sections 18.20.120 through 18.20.150, unless otherwise directed by the Assembly. 18.20.120 Land Disposal Methods The Assembly may select any of the following disposal methods: A. Where specifically permitted under this title, direct negotiations with interested parties who seek to acquire Borough land. B. .Invite sealed bids for Borough land, specifying the time and place for receiving bids and the minimum acceptable bid. C. Offer Borough land for sale at public auction, specifying a minimum acceptable bid. Page 5 of 8 1 7 "' I 1 I l "S 7 D. Invite proposals to purchase Borough land. The invitation shall specify the basis upon which proposals shall be evaluated, which may include but need not be limited to the proposed acquisition price, the quality of proposed development of land and its benefit to the community, the qualifications and organization of the proposer, the value of the proposed improvements to the land and the rents or resale prices to be charged by the proposer. 18.20.130 Appraisal Borough land shall be appraised within ninety days prior to the date fixed for its disposal. The appraisal shall be performed by the assessor or a qualified appraiser and reflect the fair market value of the land and Borough improvements located thereon. 18.20.140 Public Notice Notice of disposals of Borough land by competetive 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 twenty 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 thirty 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, if any, and time and place set for the auction or bid opening. 18.20.150 Award- Rejection of Bids or Proposals A. Borough land disposals by competetive bidding or proposals shall be awarded by the Assembly, after considering the recommendation of the manager. The Assembly shall make the award to the best bidder or proposer in accordance with the criteria set forth in the invitation for bids or proposals. Page 6 of 8 1 and requiring execution by the Borough shall be manager or his designee, attested by the clerk, to form by the Borough attgrney. 18.20.170 Definitions As used in chapter 18.20: A. "Borough land" means any real property or interest therein owned•by the Kodiak Island Borough. B. "Contract" means a legally enforceable agreement of any kind, including an option, regardless of what it may be called. C. "Disposal" means any transfer of real property authorized under this title. ;i D. "Real Property" means any interest in real property under the law of the State of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. li 9 1 1 1 ' 1 1 1 If the Assembly finds it to be in the best Borough to do so, it may reject all bids or 18.20.160 Disposal by Conveyance Any instrument pertaining to the conveyance Sections: 18.30.010 18.30.020 18.30.030 18.30.040 18.30.050 CHAPTER 18.30 SALE OF BOROUGH LAND interest of the proposals. of Borough land executed by the and approved as Sale of Borough Land Valued at Five Thousand Dollars or Less Terms of Sale Payment Conveyance by Quitclaim Deed Covenants, Conditional Conveyances 18.30.010 Sale of Borough Land Valued at Five Thousand Dollars or Less The sale of Borough land acquired from the State and valued at five thousand dollars or less shall be in the manner and by terms established by resolution of the Assembly. ]8.30.020 Terms of Sale The Assembly shall determine the terms upon which Borough land is to be sold at the time the disposal is approved, or, if the Assembly directs that purchase proposals be invited, the Assembly may provide that proposals include the terms of the sale. 18.30.030 my ent At the time of sale or auction, the purchaser shall pay to the Borough not less than ten percent of the minimum appraised value established for the sale parcel. The difference between the ten percent minimum appraised value and ten percent of the total price bid for the parcel shall be paid to the Borough at the time the purchase contract is executed. The balance of the purchase price shall be paid, and its payment secured, in accordance with the terms of the sale approved by the Assembly. 18.30.040 Conve by Qui tclaim Deed Unless the terms of sale approved by the Assembly provide otherwise, all conveyances of Borough land shall be by quitclaim deed. 18.30.050 Covenants, Conditional Conveyances A conveyance of Borough land shall be subject to such covenants, conditions and restrictions, or powers of termination, as the Assembly in the public interest may require. Section 2. This ordinance shall be effective upon passage and approval. PASSED AND APPROVED this 2nd day of ,T„iv _ 1980. ATTEST: MAYOR ) ()BC) flf the A- %em101ylfi'idsn it to be in th best interest of the Borough to do so, it may reject all bids or proposals. 18.20.160 Disposal by Conveyance Any instrument pertaining to the conveyance of Borough land and requiring execution by the Borough shall be executed by the manager or his designee, attested by the clerk, and approved as to form by the Borough attorney. 18.20.170 Definitions As used in chapter 18.20: A. "Borough land" means any real property or interest therein owned by the Kodiak ,Island Borough. B. "Contract" means a legally enforceable agreement of any kind, including an option, regardless of what it may be called. C. "Disposal" means any transfer of real property authorized under this title. D. "Real Property" means any interest in real property under the law of the State of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. Page 7 of 8 CHAPTER 18.30 SALE OF BOROUGH LAND Sections: 18.30.010 Sale of Borough Land Valued at One Thousand Dollars or Less 18.30.020 Terms of Sale 18.30.030 Payment 18.30.040 Conveyance by Quitclaim Deed 18.30.050 Covenants, Conditional Conveyances 18.30.010 Sale of Borough Land Valued at One Thousand Dollars or Less The sale of Borough land acquired from the State and valued at one thousand dollars or less shall be in the manner and by terms established by resolution of the Assembly. 18.30.020 Terms of Sale The Assembly shall determine the terms upon which Borough land is to be sold at the time the disposal is approved, or, if the Assembly directs that purchase proposals be invited, the 1 1 1 I n 1 r) 1 Assembly may provide that proposals include the terms of the sale. 18.30.030 Payment At the time of sale or auction, the purchaser shall pay to the Borough not less than ten percent of the minimum appraised value established for the sale parcel. The difference between the ten percent minimum a 'ppraised value and ten percent of the total price bid for the parcel shall be paid to the Borough at the time the purchase Contract is executed. The balance of the purchase price shall be paid, and its payment secured, in accordance with the terms of the sale approved by the Assembly. 18.30.040 Conveyance by Quitclaim Deed Unless the terms of sale approved by the Assembly provide otherwise, all conveyances of Borough land shall be by quitclaim deed. 18.30.050 Covenants, Conditional Conveyances A conveyance of Borough land shall be subject to such covenants, conditions and restrictions, or powers of termination, as the Assembly in the public interest may require. Section 2. This ordinance shall be effective upon passage and approval. PASSED AND APPROVED this day of 1980. ATTEST: Clerk MAYOR