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