Loading...
FY2013-05 Dispostion of Tax Foreclosed Property - Larch Street Requested by: Borough Manager 1 P&Z Commission 2 Drafted by: Community Development 3 Department Introduced: 10/04/2012 4 Public Hearing: 10/18/2012 5 Adopted: 10/18/2012 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -05 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 DETERMINING THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND 12 ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY FINDING 13 THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND AUTHORIZING 14 THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 13 -011) 15 16 WHEREAS, the Kodiak Island Borough has acquired Lot 17, Block 7, Baranof Heights 17 Subdivision 1 Addition as a result of the tax foreclosure procedure; and 18 19 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states: 20 21 a) The municipality shall determine by ordinance whether foreclosed 22 property deeded to the municipality shall be retained for a public 23 purpose. The ordinance must contain the legal description of the 24 property, the address or a general description of the property 25 sufficient to provide the public with notice of its location, and the 26 name of the last record owner of the property as the name appears 27 on the assessment rolls. 28 29 b) Tax - foreclosed property conveyed to a municipality by tax 30 foreclosure and not required for a public purpose may be sold. 31 Before the sale of tax - foreclosed property held for a public purpose, 32 the municipality, by ordinance, shall determine that a public need 33 does not exist; and 34 35 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed 36 this tax foreclosed property as required by KIBC 18.10.030 and has made a formal 37 recommendation by resolution on the parcels disposition by recommending that this 38 property should NOT be retained for a public purpose; and 39 40 WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's 41 action, as required by KIBC 18.10.030; and 42 43 WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed 44 property described Lot 17, Block 7, Baranof Heights Subdivision 1s Addition is declared 45 not to be of "public need" and be offered for immediate sale; 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 48 BOROUGH THAT: 49 50 Section 1: This ordinance is not of a general and permanent nature and shall not 51 become a part of the Kodiak Island Borough Code of Ordinances. 52 Kodiak Island Borough Ordinance No. FY2013 -05 Page 1 of 2 53 Section 2: Lot 17, Block 7, Baranof Heights Subdivision 1 Addition has been 54 acquired by the Kodiak Island Borough by clerk's deed pursuant to tax 55 foreclosure and it has been determined that a public need does not exist 56 and the property will be sold at the earliest opportunity to do so. 57 58 Section 3: The manager is directed to offer the property immediately by sealed bid 59 auction and the highest bidder will take ownership. 60 61 Section 4: The terms to be approved by the assembly are: Bidder is to enclose a 10% 62 deposit based on the minimum bid amount shown in the bid packet. The 63 remaining balance must be paid within thirty (30) days. 64 65 Section 2: If the property remains unsold after being offered for sale by sealed bid, the 66 property may be listed online for sale to any approved party for at least the 67 minimum cost. 68 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS EIGHTEENTH DAY OF OCTOBER, 2012 72 73 74 KODIAK ISLAND BOROUGH 75 76 / 77 78 J- wile M. Selby, Bo ough ayor 79 80 ATTEST: 81 82 83 84 Nova M. Javier, MMC, B ough Clerk Kodiak Island Borough Ordinance No. FY2013 -05 Page 2 of 2