HomeMy WebLinkAboutORDINANCE 0258-1975CITY OF K£NAI
ORDINANCE NO. 258-75
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
DEFINING RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF
CITY-OWNED LANDS
Table of Contents
ARTICLE I
RULES AND REGULATIONS GOVERNING THE
ADMINISTRATION OF CITY-OWNED LANDS
Section 1, Lands Available for Leasing
Section 2. Qualifications of Applicants or Bidders
Section 3. Applications for Leasing - Filing Fee
Section 4, Deposits for Costs
Section 5. Rights Prior to Leasing
Section 6, Classlficabon Prior to Lease Required
Section 7, Public Use
Section 8. Review
Section 9. Term of Lease
Section 10. Appraisal
Section 11, Annual Minimum Rental
Section 1:2, Responsibility to Locate Properly on Leased Premises
Section 13. Lease Utilization
Section 14, Adjustment of Rental
Section 15. Subleasing
Section 16. Assignments
Section 17, Modification
Section 18, Cancellation - Forfeiture
Section 19. Notice or Demand
Section :20. Rights of Mortgagee or Lienholder
Section 21. Entry and Re-entry
Section 22. Re-lease
Section 23. Forfeiture of Rental
Section 24. Written Waiver
Section 25. Expiration of Lease
Section 26. Removal or Reversion of Improvements Upon Termination of Lease
Section :27. Rental for Improvements or Chattels Not Removed
Section 28. Sanitation
Section 29. Building and Zoning Codes
Section 30. Fire Protection
Section 31. Inspection
Section 32. Personal Use of Materials
Page One, ORDINANCE NO. 258-75
Section 33.
Section 3q.
Section 35.
Section 36.
Section 37.
Section 38.
Section 3g.
Section 1.
Section 2.
Section 3.
Restrictions and Reservations
Waste and Injury to Land
Warranty
Lease Rental Credit
Approval of Other Authorities
Title Restrictions
Liability Insurance
ARTICLE I1
MATERIALS USE AND DISPOSAL
Unauthorized Removal of Material Prohibited
Removal Not Authorized by Deed or Lease
Disposition of Rights by Council
Section 1. Penalties
Section 2. Severabllity Clause
ARTICLE Ill
t
Page Two, ORDINANCE NO. 258-75
BE IT ORDAINED by the Council of the City of Kenai, Alaska:
The Code of the City of Kenai is hereby amended by adding
Chapter 20, Lands which shall read as follows:
ARTICLE I
RULES AND REGUI.ATIONS GOVERNING THE
ADMINISTRATION OF CITY-OWNED LANDS
Section 1. Lands Available for Leasing. All the lands within
the limits of the City to which the City holds tilte may be leased as hereinafter
provided.
Section 2. Qualifications of Applicants or Bidders. An applicant
or bidder for a lease is qualified if the applicant or bidder:
fa} Is an individual at least nineteen [19) years of age or over; or
(bi Is a group, association, or corporation which is authorized to
conduct business under the Laws of Alaska; or
(c) Is acting as an agent for another and has qualified by filing
with the City Clerk a proper Power of Attorney or a Letter of Authorization,
creating such agency. The agent shall represent only one principal, to the
exclusion of himself.
Section 3. Applications. Ail applications for lease of lands shall
be filed with the City Clerk on forms provided by the City, available at the
City Hall Building. Only forms completed in full and accompanied by a $10.00
filing fee will be accepted for filing. Filing fees are not refundable. With every
application the applicant shall submit a development plan showing and stating
(I) the purpose of the proposed lease, [2) the use, value and nature of
improvements to be constructed, (3) the type of construction, (4) the dates
construction is estimated to commence and be completed, and (5) whether intended
use complies with the zoning ordinance and comprehensive plan of the City.
Section 4. Deposits for Costs. All applications filed with the City
Clerk will be forwarded to the City Engineer or other designated official, to
determine his estimate of cost required to handle the application, including but
not limited to one or more of the following: survey, appraisal, and advertising
of the area under application. Upon determination said official will notify
applicant in writing of such costs, and deposit shall be made therefor within
thirty (30) calendar days after notice ts dated. Failure of applicant to pay
deposzt shall result in the application being cancelled. If the applicant does not
accept a lease within thirty (30) calendar c~ays after it ts offered to the applicant,
all deposit morley spent or encumbered for survey, appraisal or advertising
Page Three, ORDINANCE NO. 258-75
shall be forfeited, and the balance, if any, shall be returned to the applicant.
If the land applied for upon which deposit for costs is made is leased to another,
the latter shall be required to pay actual costs of survey, appriasal and
advertising, and the original deFosit shall be returned to the depositor. Where
the applicant becomes the lessee, he shall be required to pay any excess of
costs over deposits, and where the deposit exceeds actual costs, the excess
o.~ ~ shall be credited to present or future rents under the lease. All survey,
~ ~ appraisal and advertising shall be performed only under the authorization of
· ~.~'~ the City, and any such work done without such authorization shall
not
qualify.
,~q~,~,d*~, Section 5. Ri~lhts Prior to Leasing. The filing of an application for a
~,F~(0r~ lease shall give the applicant no right to a lease Or to the use of the land applied
~rA~: for. Any use not authorized by lease shall constitute a trespass against the City.
.,~
Section 6. Classification Prior to Lease Required. Before accepting
applications to lease lands the area involved shall have first been classifeid
for permitted land uses and a land use plan of the area prepared and publicly
posted in the office of the City Clerk for a period of not less than ten (10)
caldendar days. The land use plan shall be prepared by the City Planning
Commission and approved by the Council prior to posting.
Section 7. Public Use. The lease of any City lands may be made to
any State or Federal agency or political subdivision of the State for less than
appraised value, as may be determined by the City Manager with the approval
of the Council to be in the best interests of the public. This provision shall not
apply where deed restrictions require the property to be leased at the fair
market value.
Section 8. Review. No leased land may be changed in use, nor may
any renewal lease be issued until the proposed use or renewal has been
reviewed by the Planning Commission and approved by the Council.
Section 9. Terms of Lease. All leases shall be approved by
the City Council before the same shall becom~ effective. The term of any
given lease shall depend upon the durability of the proposed use, the
amount of investment in improvement proposed and made, and the nature
of the Improvement proposed with respect to durability and time required to
amortize the proposed investment.
Section 10. Appraisal. No land shall be leased, or a renewal
lease issued, unless the same has been appraised within a reasonable period
prior to the date fixed for beginning of the term of the lease or renewal lease.
No lend shall be leased for less than the approved, appraised annual rental,
except as set out in Section 7. Appraisals sl~ll reflect the number and value
of City services rendered the land in ouestion.
Section 11. A~nt~al Minimum Rental. Annual minimum rentals
Page Four, ORDINANCE NO. 258-75
shall be forfeited, and the balance, if any, shall be returned to the applicant.
If the land applied for upon which deposit for costa is matin is leased to another,
the latter shall be required to pay actual costs of survey, appriasal and
advertising, and the original deposit shall be returned to th~ depositor. Where
the applicant becomes the lessee, he shall be required to pay any excess of
costs over deposits, and where the deposit exceeds actual costs, the excess
shall be credited to present or future rents under the lease. Ail survey,
appraisal and advertising shall be performed only under the authorization of
the City, and any such work done without such authorization shall not qualify.
Section 5. Rights Prior to l,o. asing. '~he filinl~ of an application for a
lease shall give the applicant no right to a lease or to the use of the land applied
for. Any use not authorized by lease shall constitute a trespass agoinst the City.
Seetion 6. Classification Prior to Lease Required. Before accepting
applications to lear lands the area involved shall have first been classified
for permitted land uses and a land use plan of the area prepared and
posted in the office of the City Clerk for a period of not loss than ten ¢10)
ealdendar days. The land use plan shall be prepared by the City Planning
Commission and approved by the Council prior to posting.
Section 7. Public Use. The lease of any City lands may be made
for less than appraised value to any State or Federal agency or political
subdivision, or any other non-profit or charitable organization, as may be
determined by the City Manager with the approval of the Council to be in the
best interests of the public. This provision shall not apply where deed
restrictions require the property to be leased at the fair m~rket value.
Section 8. Review. No leased land may be changed in use, nor may
any renewal lease be issued until the proposed use or renewal has been
reviewed by the Planning Commission and approved by the Council.
Sc~tion 9. Terms of Lease. All leases shall be approved by
the City Council before the same shall become effective. The term of any
given lease shall depend upon the durability of the proposed use, the
amount of investment in improvement proposed and made, and the nature
of the improvement proposed with respect to durability nnd time required to
amortize the proposed investment.
Section 10. Appraisal. No land shall be leased, or a renewal
lease issued, unless the same has been appraises within a reasonable period
prior to the date fixed for beginning of the ierm of the lease or renewal lease.
No land shall be leased for less than the approved, appraised annual rental,
except as set out in Section 7. Appraisals shall reflect the number and value
of City services rendered the land in question.
Section 11. Annual Minimum Rental. Annual minimum rentals
Page Four, ORDINANCE NO. 258-75
ill
shall be computed from the approved appraised market value, ~JnrJ shall
the lowest acceptable bid in the ~;w:nt of an auction,
Section 12. Responsibility to _Properly Locate on Leased Premises,
It shall be the responsibility of the lessee to properly locate himself and his
improvements on the leased land. It shall be unlawful to encroach on other lands
of the City, or on lands owned or leased by another, and violation shall constitute
a misdemeanor.
Section 13. Lease Utilization. Leased lands shall be utilized for
purposes within the scope of the application, the terms of the lease, and in
conformity with the ordinances of the City and Borough, and In substantial
conformity with the comprehensive plan. Utilization or development
for other than the allowed uses shall constitute a violation of the lease and
subject the lease to cancellation at any time. Failure to substantially complete
the development plan of the land, consistent with the proposed use, within
one (1) year of execution of the lease shall, in the discretion of the City
Manager with the approval of the Council, constitute grounds for cancellation.
Section I~4, Ad~l.ustment of Rental, All I~ses shall contain the
agreement of the lessee to a renegotlatlon of the annual rental payment every
fifth year. For leases executed after the effective date of this provision, the
failure of the City to insist upon renegotlatton at the end of any given five-year
period shall not constitute a waiver of the right of the City to insist upon
renegottation in any subsequent year, provided that neither the City nor the
lessee .~hatl have the right to insist upon renegotlatlon until five (5) years shall
have elapsed from the date the rental was last adjusted.
Sectton 15. Sublea~!n,cj. No lessee may sublease lands or any part
thereof leased to him hereunder, without prior Council approval. Subleases
shall be in writing, and be subject to the terms and conditions of the original
lease. No approval of the City shall be given to the sublease of property until the
lessee has substantially complied with the development plan.
Section 16. Assignments. No lessee may assign the lands leased to
him without prior Council approval. The assigneee shall be subject to all of the
provisions of the lease. Any attempted assignment made in violation of this
Section shall be void.
Section 17. Modification. No lease may b~ ,.=.udlfled orally or in any
manner other than by an agreement in writing, signed by all parties in interest
or their successors In interest. Any such modification shall require Council
approval.
Section 18. Cancellation - Forfeiture.
fa) Leases in good standing may be cancelled In whole ur In part,
Page Five, ORDINANCE NO. 258-75
!
i
at airy time, upon mutual written agreement by less~.~. ~nfJ the City Council.
{b) Any lease used for unlawful purpose may be cancelled.
(c) If the lessee shall default in the performance or observance of any
of the lease terms, covenants or stipulatlo;~s thereto, or of the regulatlo~s
now or hereafter In force, and should said default continue for thirty f30) calendar
days after ~,ervice of written notice by the City without remedy by lessee of the
conditions warranting default, the City shall subject lessee to appropriate legal
action, Including, but not limited to, forfeiture of the lease. No Improvements
may be removed by lessee or other person during any time the lessee is In default.
This provision shall not be construed to prohibit the City from taking any appropriate
legal action, including, but not limited to, forfeiture of the lease, immediately upon
the occurrence of a default.
Section 19, Notice or Demand, Any notice or demand, which under
the terms of a lease or under any statute must be given or made by the parties
thereto, shall be In writing, and be given or made by registered or certified
mall, addressed to the othar party at the address of record. However, either
party may designate In wrlti~G ~uch new ur other address to which such notice
or demand shall thereafter be so given; made or mailed. A notice given hereunder
shall be deemed delivered when deposited in a U. S. general or branch post
office, enclosed in a registered or certified mail prepaid wrapper or envelope,
addressed as herelnabove provided.
Section 20. Rights of Mortga_gee or Ltenholder. In the event of
cancellation or forfeiture of a lease for cause, the holder of a properly recorded
mortgage, conditional assignment or collateral assignment will have the option
to acquire the lease for the unexpired term thereof, subject to the same terms
and conditions as in the orlgtnal lease.
Section 21. Entry and Re-entry. In the event that the lease should be
terminated as hereinbefore provided; or by summary proceedings or otherwise,
or in the event that the demised lands, or any' part thereof, should be abandoned
by the lessee during the said term, the lessor or Its agents, servants, or
representative, may, Immediately or any time thereafter, re-enter and resume
possession of said lands or such part therof, and remove ali persons and
property therel'rom, etther by summary proceedings or by' a suitable action or
proceeding at law without being liable for any damages therefor. No re-entry
by ;.;]e lessor shall be deemed an acceptance of a surrender of the lease.
Section 22. Re-lease. In the event that a lease should be terminated
as hereh~ provided, or by summary proceedings, or otherwise, the City Manager
may offer said lands for lease or other appropriate disposal, pursuant to the
provisions of this Ordinance.
Section 23. Forfeiture of Rental. In the event that the lease should be
Page Six, ORDINANCE NO. 258-75
terminated because of any breach by the le,,,,~,:, ¢~,, h~;r,,,ln provid,:d, the ¢~nnual
renal payment last made by the le .(. shall I)e forfeited ;md re~ned by the
laser as partial or t~)tal liquidated ,!~maoes for ,;aid breach.
Section 24. Written W~Jiv~:r. The receipt of rent by the les.,~)r with
knowledge of any breach of the lease by the lessee, er any default on the part of
the lessee tn observance or l)erformat~ce of any of the ~:ondltlon~, ~r covemJnt5 of
the lea~e, shall not be deemed to be a waiver of any provision of the I~se, No
failure on the part of the les~)r to enforce ;~r~y covenant or provision therein
con~ined, nor any waiver of any right thereunder hy the less)r, unless In
writing, shall discharge or invalidate such cowmant5 or provisions, or affect
the right of the laser to enforce the same in the event of any subsequent
brach o¢ default. The receipt, by the les~r, of any rent or any other sum of
money after the termination, tn any manner, of the term therein demised, or after
the giving by the lessor of any notice thereunder to effect such termination,
s~ll not ¢eins~te, continue, or extend the resul~nt term therein demised, or
destroy, or In any manner impair the ~fftcacy of any such notice or termination
as may have been given thereunder by the laser to the lessee prior to the
receipt of any such sum of money or other consideration, unless so agreed to
tn writing and signed by the lessor,
Section 25, Expiration of L¢~se, Unless the lease Is renewed or sooner
terminated as provided herein, the lessee shall peaceably and quietly leave,
surrender and yield up unto the lessor all of the le;Jsed land, on or before the
last day of the term of the lease.
Section 26. Removal or Reversion of Improvements Upon Termination
of Lease. Improvements owned by a lessee shall within sixty (60) calendar days
after the termination of the lease be removed by him; provided, such removal
will not cause Injury or damage to the lands; and further provided, that the City
Manager may extend the time for removing such Improvements in cases where
hardship is proven. The retiring lessee may, with the consent of the Official,
sell his improvements to the succeeding lessee. All periods of time granted lessees
to remove improvements are subject to said lessees paying to the City pro-rata
lease rentals for said period.
If any Improvements and/or chattel,~ having appraised value tn excess
of $10,000,00 as determined by the Assessor, are not removed within the
time allowed, such Improvements and/or chattels shall upon due notice to the
le~see, be sold at public sale under the direction of the City Manager. The
proc.eeds of the sale shall Inure to the lessee preceding, If he placed such
Improvements and/or chattels on the lands, after deducting for the City all
rents due and owing and expenses Incurred In making such sale. In case
there are no other bidders at any such .~al(:, the City Manager ts authorized to
bid, tn the name of the City, on such Improvements, and/or chattels. The bid
money shall be taken from the fund to whtch said lands belong and the .~ald fund
shall receive ali monte~ or other value subsequently derived from the sale or
Page Seven, ORDINANCE NO. 258-75
I!
leasing of stroh improvements and/or ch;ittel,~. City ~;hall acquire all rights, both
legal arid equit~'lhle, that any o~her purc~s~r w~)uld acquire by reason of ~aid
purchase,
If any improvements and/(~r chattel ~ having appraised value of
$10,000.00 or lo.ss, as determined by the Assessor, are not removed within the
time allowed, such Improvements and/o:' chattels shall revert ti), and absolute
title shall vest in, the City.
Section 27, Rental of Improvements or Chattels Not Removed. Any
improvements and/or chattels belonging to the lessee or placed on the lease
during the lessee's tenure with or without his permission and remaining upon
the premtses after the termination date of the lease, shall entitle the lessor to
~harge a reasonable rent therefor.
Section 28, Sanitation, The lessee shall comply with all regulations
or ordinances of the City which are promulgated for the promotion of sanitation.
The premises of the lease shall be kept in a neat, clean and sanitary condition,
and every 6ffort shall be made to prevent the pollution of water.
Section 29. Building an.d Zoning Codes. Leased lands shall be utilized
in accordance with the building and zonlnq ordinances and rules and regulations
of said authority. Failure to do so shall constitute a violation of the lease.
Section 30. Fire Protection. The lessee will take all reasonable
precaution to prevent, and take all necessary action to suppress, destructive or
unctonrolled grass, brush or other fires on leased lands, and comply with all
laws, regulations and rules promulgated and enforced by the City for fire
protection within the area wherein the leased premises are located.
Section 31. Inspection. The lessee shall allow authorized representativ.:
of the City to enter the leased land for inspection at any reasonable time.
Section 32. Personal Use of Materials. All coal, otl, gas and other
minerals and all deposits of stone or gravel valuable for extraction or uUl~zation
and all materials subject to Title II, Division I, Chapters t4, 5 and 6 of the Alaska
Admlnsltrative Code, are excepted from the operation of a surface lease.
Specifically, the lessee of the surface rights shall not sell or remove for use
elsewi~ere any timber, stone, gravel, peat-moss, topsoil, or any other material
valuable for building or commercial purposes; provided, however, that material
required for the development of the leasehold may be used, If Its use is first
approved by the City Manager.
Section 33. Restrictions and Reservations. The lease shall contain such
restrictions and reservations as are necessary to protect the public Interest.
Sc~:tton 34. Waste and Injury to Land. If any person shall commit waste,
Page Eight, ORDINANCE NO. 258-75
or trespass or other injury upo~ City land, the person so offendin~j, in addition
to being civilly liable fc~r any damages caused, shall be de~.med guilty of a
m i sdemeano,.'.
Section 35. Warranty. The City does not warrant by its classification
or leasing of land that the land is ideally suited for the use authorized under
said classification or lease, and no guaranty is given or implied that it shall
be profitable to employ land to said use.
Section 36. Lease Rental Credit. When authorized in writing by the
City Manager with approval of the City Council, prior to the commencement of
any work, the lessee may he granted credit against current or future rent,
provided, said work, accomplished on or off the leased area, results in increased
valuation of other City owned lands. Said authorization shall stipulate type of
work, standards of construction and the maximum allowable credit for the
specific project.
Section 37. Approval of Other Authorities. The issuance by the City
of deeds or leases under the provisions of this Ordinance does not relieve the
grantee or lessee of responsibility of obtaining licenses or permits as may be
required by duly authorized Borough, State or Federal agencies.
Section 38. Title Restrictions. All leases or sales of property shall
be made subject to restrictions and reservations in the patent, deed or other
Instrument under which the City holds.
Section 39. Liability Insurance. The lessee shall be required to
carry Public Liability Insurance in such amounts as, in the opinion of the Council,
will fully protect both the City and/or (ts agents and the lessee.
ARTICLE II
USE AND DISPOSAL OF MATERIALS ON CITY LANDS
Section 1. Any person, firm or corporation who without written
authority from the City removes rock, gravel or' other material from the lands
owned by the City without the express consent of the City Manager shall be deemed
guilty of a misdemeanor. Any crtmtnal action taken against such person shall not
preclude the Institution of clvtl proceedings by the City.
Section 2. No deed or lease granted by the City to any person shall
contain terms or be construed as granting any right to remove material from City
lands.
Section 3. In recognition that conditions may exist from time to time
whereby use of such lands and the material comprising the same may be beneficial
to the public Interest and promote the progress and development of the City,
applications for the use thereof may be received and considered by the City
Page Nine, ORDINANCE NO. 258-75
Manager, providing such applications fully disclose to the City all material fac~s
and plans for the proposed use. Such applications 5hall be consistent with the
Comprehensive Plan of the City and referred to the City Planning Commission
its recommendations. Disposition of such applications shall be made by the
Council as required herein.
ARTICLE !11
Section 1. Penalties. Any person violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in an amount not exceeding ONE HUNDRED and No/100ths
($100.00) DOLLARS. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such
hereunder.
Section 2. Severabillty Clause. If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions thereof.
CITY OF KENAI
ATTEST:
:MESA. ELSON, Mayor
SHARON LOOSLI, City Clerk
SECOND READING ..,
Page Ten, ORDINANCE NO. 258-75