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1998-25 Amending Title 18 Borough Real Property - Manager Plan of GovtKODIAK ISLAND BOROUGH ORDINANCE NO. 98 -25 Introduced by: Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 09/03/98 Public Hearing: 09/22/98 Adopted: 09/22/98 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 18 BOROUGH REAL PROPERTY TO PROVIDE FOR THE CHANGE TO A MANAGER PLAN OF GOVERNMENT WHEREAS, the Kodiak Island Borough will revert to a manager plan of government on October 19, 1998; and WHEREAS, the governing body shall enact provisions for the reorganization of the municipal executive and administrative functions; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The Kodiak Island Borough Title 18 Borough Real Property of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 18.10.030 Review. Upon acquisition of any real property, including real property acquired by tax foreclosure, but excluding real property acquired for a specific purpose or project, the planning commission shall review the newly acquired land and make recommendations as to whether all or any portion of the land should be devoted to public use, reserved for future use to meet projected borough requirements, or made available for sale, lease or other disposition in conformance to the borough comprehensive land use plan. The [mayor]manager shall review the planning commission action and make recommendations to the assembly. 18.10.040 Designation of availability. B. The assembly may at any time on its own motion, or upon recommendation of the [mayer]manager, review the status of any real property previously reviewed and change the designation of availability with conformance to the borough comprehensive land use plan. 18.20.070 Qualifications of applicants and bidders. C. Acting as an agent for a pers on qualified under subsection A or B of this section and has filed with the [mayor]manager or]manager or his designee, prior to the time set for the disposal, a proper Kodiak Island Borough, Alaska Ordinance No. 98 -25 Page 1 of 4 power of attorney or a letter of authorization creating such agency. The agency shall represent only one principal, to the exclusion of himself. 18.20.080 Deposit costs. B. The [mayor]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 [mayer]manager plans for the contemplated development conforming to the specifications in the request for bids or proposals. E. The [mayer]manager may require proof of an applicant's financial capability to complete the proposed development. 18.20.140 Public notice. Notice of disposal of borough land by competitive 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 (2) successive weeks, not less than twenty (20) days prior to the date of the auction or opening of bids or proposals, and shall be posted in at least three (3) public places within the borough, one (1) of which shall be in the community nearest to the subject borough land, for at least thirty (30) days prior to the disposal. Additional notice may be given by any means determined to be reasonable by the [mayer]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. 18.35.030 Posting. The [mayer]manager, or designee, is authorized to cause the posting or signs on or around borough property, buildings, or other areas advising that such property, building, or area is restricted as to public use or access. 18.35.040 Enforcement. Appropriate action may be taken by the [mayer]manager, or designee, at any time, or from time to time, to enforce the provisions of this chapter or to prevent violations thereof. 18.40.060 Deposit and receipt. The apparent high bidder shall deposit with the borough at the time of lease offering the first year's rental or that portion of it as provided in section 18.40.070 of this chapter, together with the unpaid costs of survey, appraisal, and advertising. Upon deposit of the required sum by the apparent high bidder, the [mayor]manager shall there upon issue to the apparent high bidder a receipt for the required sum containing a description of land or interest leased and the rental bid. The bidder shall acknowledge the receipt in writing. Failure of the lease purchaser to execute the lease contract shall result in the forfeiture of the purchaser's rental deposit. 18.40.080 Adjustment of rental. The annual rent due shall be reviewed and adjusted by the [mayer]manager at the end of the first five (5) year term and at the end of every five (5) year term thereafter. Any changes or adjustments shall be based upon charges in the appraised fair market value of the land and improvements being leased, excluding landfill and other improvements placed upon the land by the lessee; provided, however, that the value of the landfill and Kodiak Island Borough, Alaska Ordinance No. 98 -25 Page 2 of 4 improvements placed by a lessee and not removed on termination or expiration of the lease and shall be utilized in the calculation of rentals for subsequent leases of the property with those improvements. 18.40.090 Use of material. The lessee shall not sell or remove for use off the premises any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or other commercial purposes, provided, however, that material may be used, if required, for the development of the leasehold. Any removal of such material from the leasehold shall require written approval from the [mayor]manager and, for instances involving a commercial quantity, the market value shall be paid to the borough. 18.60.010 Materials available. All materials to which the borough holds title may be sold pursuant to contract approved by the assembly. The [mayef]manager shall recommend to the assembly a form of contract, including limitations, conditions, and terms of the sale. "Materials means nonrenewable, natural, extractive resources including, but not limited to, gravel, sand, soil, rock and peal. "Materials" shall be considered real property for the purposes of this title. 18.60.070 Performance bond. The []manager may require the purchaser to provide a performance bond in an amount he determines necessary to protect the borough's interest and ensure satisfactory compliance of the contract stipulations. A purchaser may use a state -wide bond to meet the performance bond requirements. 18.70.020 Negotiated sales. The [mayer]manager, may negotiate sales of timber without advertisement on the limitations, conditions, and terms approved by the assembly. Not more than two hundred fifty thousand (250,000) board feet or equivalent other measure of timber may be negotiated to one (1) applicant in a twelve (12) month period. Timber sales not exceeding two hundred fifty dollars ($250) shall be paid in full at the time the contract is executed. No refund will be made if the contracted volume is not removed. 18.70.060 Performance bond. The [mayer]manager may require the purchaser to provide a performance bond in an amount he determines necessary to protect the borough's interest and ensure satisfactory compliance of the contract stipulation. 18.80.030 Agreements to exchange real properties. Conceptual approval may be given to the [mayor]manager by the assembly to enter into exchange negotiations prior to receiving the planning commission resolution required in section 18.80.020 of this chapter. Any agreement reached in the negotiations shall be in writing and then presented to the planning commission as required in section 18.80.020 of this chapter for appropriate action. Section 3: Effective date. Sections 1 and 2 of this ordinance shall become effective to be in full force and effect at midnight on October 18, 1998. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY- SECOND DAY OF SEPTEMBER, 1998 Kodiak Island Borough, Alaska Ordinance No. 98 -25 Page 3 of 4 ATTEST: C I - 2J ors onna F. Smith, F. Smith, CMC /AAE, Borough Clerk KODIAK ISLAND BOROUGH J ;r•me M. Selby, Borough M Gary Steven, Presiding Officer Kodiak Island Borough, Alaska Ordinance No. 98 -25 Page 4 of 4