DENALI BOROUGH, ALASKA

ORDINANCE NO. 98-07

 

INTRODUCED BY: The Joint Committee of The Whole Consisting of Members of the Land Use Planning Committee and Members of the Denali Borough Assembly

 

AN ORDINANCE AMENDING TITLE IV CHAPTER 23 THE DENALI BOROUGH CODE OF ORDINANCES CONCERNING REAL PROPERTY ACQUISITION.

 

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

 

Section 1.  Classification.  This ordinance is of a general and

permanent nature.

 

 

Section 2. Title IV name change. The Title IV name shall be changed from [TITLE IV ACQUISITION AND DISPOSAL OF Borough PROPERTY] to TITLE IV REAL PROPERTY ACQUISITION, MANAGEMENT AND DISPOSAL.

 

 

Section 3. Chapter 23 amended. Chapter 23 shall be amended to read as follows:

 

 

 

 

CHAPTER 23

REAL PROPERTY ACQUISITION

 

Sections:                                1.         Acquisition and ownership.

            2.         Real Property defined.

            3.         Procedural requirements.

            4.         Ownership.

            5.         Rights and powers of the Borough.

            6.         Dedication by plat.

            7.         Industrial sites.

            8.         Federal and State aid.

            9.         [Real Property and Security]

 

Section 1.       Acquisition and ownership.

The Borough may acquire, own, and hold real property inside or outside the Borough boundaries by purchase, gift, devise, grant, dedication, exchange, redemption, purchase of equity of redemption, operation of law, tax or lien foreclosure,[adverse possession,] condemnation or declaration of taking, annexation, or by any other lawful means of conveyance.

            A.        Acquisition By Borough Municipal Land Entitlement Selections.

                        1.         During the course of selected lands being adjudicated, new selections shall be made in the event selection applications are denied by the Department of Natural Resources to fulfill the Entitlement Certification acreage. Land may be nominated for selection by Borough residents filing a written nomination with the Borough office during the times established by the Mayor.

                        2.         The Mayor or his/her designee shall prepare a written report for each nominated parcel that evaluates the parcel and makes a recommendation to the Assembly as to whether the parcel should become a Borough Municipal Entitlement selection.

                        3.         Upon the approval of the Assembly, the Mayor or his/her designee shall file for the new selections.

Section 2.       Real Property Defined.

As used in this chapter, "real property" includes any estate in land, easement, right‑of‑way, lease, permit, license, franchise, future interest, building, fixture, or any other right, title or interest in land or a building.

Section 3.       Procedural Requirements.

            A.  The Borough may acquire, own, and hold real property by warranty or quit claim deed, easement, grant, permit, license, deed of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, negotiated  exchange involving Borough land or any other lawful means of conveyance or grant.  Real property shall be held in the name of "Denali Borough".

            B.  Any instrument requiring execution by the Borough shall be signed by the Mayor and attested by the Clerk.  The form of any conveyance  shall be reviewed [may be approved] by the Borough Attorney.

            C.  Upon a specific ordinance [resolution] of the Assembly, the Mayor or his/her designee may act on its behalf in the acquisition of real property or an interest in real property when that property to be acquired is for a valuable consideration or as part of a program of grants acreage.  The ordinance [resolution] shall set forth the terms, conditions and manner of acquisition.

            D.  No Assembly approval is necessary to acquire any easement, right‑of‑way, permit, license, or other interest in real property necessary for a utility or public improvement where the utility or public improvement has been authorized and approved by the Assembly.

            E.  Prior to approval, the Mayor or his/her designee is to furnish the Assembly with an abstract of title, an appraisal of the real property, a liability assessment[1] and a review of any problem in acquisition, but the failure to furnish the Assembly any such materials shall not affect the validity of any acquisition or purchase of real property by the Borough.

            F.  Unless otherwise provided by the Assembly, the Borough shall purchase marketable title in real property.  Unless otherwise provided by ordinance or resolution, or upon Assembly approval of a purchase, the Mayor or his/her designee is authorized to obtain title insurance, to execute any instruments, and to take all steps necessary to complete and close the purchase and acquisition of the real property.

            G.  The Assembly may exercise the powers of eminent domain and declaration of taking in accordance with A.S. 29.35.030; however, eminent domain shall be exercised only if the Mayor or his/her designee has made reasonable but unsuccessful efforts to negotiate a purchase

            H.  The Assembly may authorize the Mayor or his/her designee to acquire land for more than fair market value only if the ordinance authorizing the acquisition contains funding; the acquisition is for a compelling public purpose or use; and a statement of the facts on which the finding of compelling public purpose or use is based.

Section 4.       Ownership.

            A.  The Borough may acquire and hold real property as sole owner or as  tenant in common or other lawful tenancy, with any person, corporation or government body for any public purpose.  The Borough may hold real property in trust for any public purpose.

            B.  The Assembly may approve and authorize the purchase of real property by contract of sale, a deed of trust, or mortgage.

Section 5.       Rights and Powers of Borough.

The Borough shall have and may exercise all rights and powers in the acquisition, ownership, and holding of real property as if the Borough were a private person.

Section 6.       Dedication by plat.

The Borough may not acquire any real property by means of dedication by plat unless the dedication of real property is accepted in writing and signed by the Mayor and approved by the Assembly.

Section 7.       Industrial Site.

The Borough may acquire, own, and hold real property, either inside or outside the Borough boundaries, as sites available for new industries which will benefit the Borough.

Section 8.       Federal and State aid.

The Borough may apply for, contract with, and do all things necessary to cooperate with the United States government and the State of Alaska for the acquisition, holding, improvement, or development of real property inside and outside the Borough boundaries.

[Section 9.  Real Proprety as Security

The Assembly may pledge, mortage, or otherwise secure real property of the Borough for the payment of Borough bonded or other indebtness when required as authorized by law.]

 

Section 4.       Effective Date.  This ordinance becomes effective upon adoption by the Borough Assembly and signature of the Mayor.

 

DATE INTRODUCED: July 19, 1998

FIRST READING: July 19, 1998

PUBLIC HEARING: August 9, 1998

PASSED and APPROVED by the DENALI Borough ASSEMBLY this 9th day of August, 1998.

                                         SIGNATURE ON FILE        

                                                Mayor

 ATTEST:                                  SIGNATURE ON FILE     

                                            Borough Clerk



[1]Liability assessment is defined as follows:

Stage 1: Review Maps, aerial photographs and land use records to see if anything of obvious concern could be found. This phase of the assessment could also include walking around the property. If nothing was found then that would be the end of the assessment and a report would be presented to the assembly by the staff of administration stating these findings.

Stage 2: An inspection of the property would be done by walking around the property to determine the nature of the suspicious items found in the initial assessment of the property. This would determine if further investigation, digging, or drilling would be required. A report of the findings would be presented to the assembly by the staff or administration.