1979-27 Setting Forth Policy Related To Required Ownership Of School Sites By The Borough Prior To The Beginning Construction Of New Facilities.1 1 I
KODIAK ISLAND BOROUGH
RESOLUTION No. 79 -27 -R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY SETTING
FORTH POLICY RELATED TO REQUIRED OWNERSHIP OF SCHOOL SITES BY THE
'BOROUGH PRIOR TO THE BEGINNING CONSTRUCTION OF NEW SCHOOL FACILITIES
WHEREAS, Kodiak Island Borough, by reason of its interest,
responsibilities and duties in schools' facilities and school lands
,throughout the Borough, has a vested interest in such schools, and
Hiwill fully and adequately protect, preserve and utilize such
I;schools' facilities and school lands for the purpose intended, and
in the best interests of all residents of village communities,
II
;present and future, and,
U
WHEREAS, certain Native village corporations have been in-
'corporated and organized in accordance with Section 8 of the
Alaska Native Claims Settlement Act, and,
WHEREAS, pursuant to Section 12(a)(1) of the Act, said cor-
!porations have selected certain lands to which they will receive a
patent to the surface estate thereof, and,
WHEREAS, there are existing and proposed school facilities,
jrecognized by the Borough and the community at large as community
Il needs for which the duty, responsibility and expense of adminis-
tration and maintenance of said school facilities is
('undertaken by Kodiak
charged to
Island Borough pursuant to law, and,
WHEREAS, such municipal functions, as relate to schools,
';have devolved upon and been taken by Kodiak Island Borough, and
the duties and responsibilities of administration and construction
and maintenance of such school facilities remain with the Borough,
Vi and,
WHEREAS, the village corporations have hereto been requested
to convey to the Borough, and the Borough has agreed to receive
from said village corporations, the surface estate and rights to
certain lands conveyed to the village corporations pursuant to the
Alaska Native Claims Settlement Act, as partial fulfillment of ob-
ligations of the village corporations under the provisions of
and
r
Section 14(c)(3) of the Act, and the conveyance of such Lands by
said village corporations is specifically subject to the restriction
that the lands be used only for school or other community purposes,.
and,
WHEREAS, Kodiak Island Borough has made a concerted effort
to initiate and develop an acceptable agreement wherein such
school lands would be expeditiously transferred to the Borough as
is basis for present and future school facility construction require -
'ments and that in pursuit of those construction activities said
'Borough has applied for and received grants of State bond funds as
I la basis for the construction of new elementary and high school
facilities on lands located within the boundaries of local village i
'municipalities, and,
WHEREAS, title to said lands by the Borough is a prerequis ;
ite for construction of said facilities or for the entering thereon.,
i
for activities related to construction and maintenance of school
(facilities,
NOW THEREFORE BE IT RESOLVED that the Kodiak Island Borough
Assembly does hereby state that it is the policy of Kodiak Island
(!Borough to request and require conveyance to the Borough of the
surface estate and rights to certain lands conveyed to village
I n corporations pursuant to the Alaska Native Claims Settlement Act,
as a prerequisite for entering upon and constructing, remodeling,
(( repairing or otherwise maintaining school facilities as part of
'the aforesaid Borough responsibilities, and,
BE IT FURTHER RESOLVED, failure to convey within a reason -
ble time prior to the commencement of such construction, mainten-
nce or related activities, shall be interpreted by the Kodiak
sland Borough as non - participation in facilities improvements by
the village corporation and the Borough will therefore cease and
desist from further activities related to the design, construction,
AGE 2 Resolution No. 79 -27 -R
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maintenance or similar actions at a village school site until such
time as an adequate conveyance agreement has been secured.
!:ATTEST:
'Borough Clerk
PASSED AND APPROVED THIS3rd DAY OF MaV
PAGE 3 Resolution No. 79 - 27 - R
KODIAK ISLAND BOROUGH
By
, 1979
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