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FY2009-05 Tax Foreclosed PropertiesAN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE NEGOTIATION OF A SALE AT FAIR MARKET VALUE OF TAX FORECLOSED PROPERTIES TO THE FEDERAL GOVERNMENT WHEREAS, certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years; and WHEREAS, the United States Fish and Wildlife Service (USFWS) has expressed an interest in purchasing parcel T30S R28W TL 1811 Zachar Bay and T31 S R28W TL2903 Amook Bay at fair market value from the borough; and WHEREAS, KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough; and WHEREAS, the property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS will promote efficient management for public recreation and refuge for wildlife is consistent with the goals and objectives of the comprehensive plan; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of a general application and shall not be codified. Section 2: The assembly concurs with the finding from Planning and Zoning Commission declaration of "surplus ". Section 3: The assembly hereby authorizes the manager to negotiate a sale of former refuge property to USFWS for fair market value. The proceeds of any sale shall be distributed in the same manner as the proceeds of a tax sale under AS 29.45.480 (B). Section 4: The terms of the sale are subject to the approval by resolution of the assembly. ATTE • T: Nova � avaver, CM CM, or Kodiak Island Borough ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY FIRST DAY OF AUGUST, 2008 n o h Clerk s KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -05 Introduced by: Borough Manager Requested by: Finance Department Drafted by: Finance Department Introduced: 08/07/2008 Public Hearing: 08/21/2008 Adopted: 08/21/2008 KODIAK ISLAND BOROUGH J ome M. Selby, Borough May Ordinance No. FY2009 -05 Page 1 of 1