Chapter 11.40
BOROUGH LANDS

Sections:

11.40.010    Purpose.

11.40.020    Definitions.

11.40.030    Trust corpus.

11.40.040    Responsibility.

11.40.050    Use of borough-owned real property.

11.40.060    Classification of borough land.

11.40.070    Conformity.

11.40.080    Borough land program.

11.40.090    Annual program budget.

11.40.100    Borough land trust revenues.

11.40.110    Expenditures.

11.40.120    Procedures for disposal of borough land.

11.40.130    Repealed.

11.40.140    Effect of borough actions.

11.40.010 Purpose.

(a)    This chapter establishes guidelines for management of borough land and creation and operation of the borough land trust.

(b)    The land trust of the Ketchikan Gateway Borough is established to support the management and utilization of borough-owned lands and revenues generated by those lands, is intended to provide in whole the necessary resources for operation of the borough land program, and is intended to provide for the acquisition of land for needed public facilities and for construction and maintenance of public facilities. Borough land trust management objectives include: (1) maintenance of the integrity of the funds in the trust which are invested according to the borough’s investment policies; (2) provision of property and funding as required for construction of needed public facilities; (3) provision for the development, management and maintenance of borough real property and improvements; (4) provision of financing for improvements to be paid for by a service area or assessment district; and (5) property tax relief. [Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.005.]

11.40.020 Definitions.

For the purposes of this chapter the following words and phrases have the meaning respectively ascribed to them:

“Borough entitlement land” means all land or interest in land acquired by the borough under the provisions of AS 29.65, or any amendments thereto, and any other land or interest in land acquired as a result of an exchange of such land or any interest therein, or purchased by the use of the proceeds of the sale, lease or other disposal of such land or any interest therein, and in all borough entitlement land or any interest therein to which title or an interest therein has been reacquired by the borough as a result of the default or nonperformance of the terms or conditions of the sale, lease or other disposal thereof, or because of the expiration or termination of a lease thereon, or to which title or interest has been otherwise reacquired by the borough.

“Borough land” means all land or interest in land, owned or held by the borough.

“Borough land program” means all activities undertaken by the borough to acquire, own, manage, improve, sell, trade, or lease or otherwise dispose of or use borough land.

“Borough land trust land” means all land or interest in land owned or held by the borough, including borough entitlement land and all other land acquired by the borough through purchase, tax foreclosure or other means, which is placed in the borough land trust by the assembly.

“Direct cost expenditure” means all wage and salary payments, expenditures for equipment and supplies, charges for communication, transportation and reproduction services, fees for professional services or other cost items directly attributable to the formulation and implementation of the borough land program or fiscal management of the assets of the borough land trust.

“Disposal” means the sale, lease, grant or exchange of land or any interest in land to another person, entity or government.

“Enterprise land” means borough land held or used for an enterprise activity. This includes airport reserve land and any other enterprise activity land.

“Indirect cost expenditures” means the proportional share of costs incurred by the land trust fund for payments of general, administrative and overhead costs of the borough in implementing the borough land program.

“Payments to general fund” means appropriations duly authorized and made by the borough assembly to the borough general fund to offset the local tax burden.

“Property maintenance and improvement program” means all activities associated with identification and implementation of a program for maintenance and repair to real property and improvements owned and managed by the borough. This may include funding of assembly approved maintenance, loans to service areas to fund emergency repairs and funding of such other costs associated with upkeep of borough facilities as the assembly may approve.

“Real property value” means that value specified by the assembly for certain real property or those certain real property rights that the assembly deems representative of current market conditions. This determination shall be based upon independent appraisals, opinions of value from licensed real estate professionals, recent sales or listings, current assessed values, or any other information that the assembly deems relevant and reliable.

“Residential land program” means all activities associated with development and management of those parcels of real property in the borough land trust which are suitable for residential use, including: identification of parcels, development of parcels, financing of capital improvements to parcels, leasing of property, preparation and implementation of work plans and other activities related to use of borough-owned property for residential use. [Ord. No. 1686, §1, 12-2-13; Ord. No. 1644, §1, 11-5-12; Ord. No. 1223, §2, 06-17-02; Ord. No. 400A, §2, 10-5-81. Code 1974 §40.15.010.]

11.40.030 Trust corpus.

The borough land trust shall include all borough real property and public facilities designated by the assembly for placement in the borough land trust, all funds deposited in the borough land trust, and all revenues from investment income, or the rental or sales of land trust assets. [Ord. No. 1644, §2, 11-5-12; Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.015.]

11.40.040 Responsibility.

Management of the borough land trust and of activities comprising the borough land program shall be the responsibility of the borough manager or other person designated by the borough manager. [Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.020.]

11.40.050 Use of borough-owned real property.

(a)    No person shall place improvements or personal property upon, or make unauthorized use of, borough-owned real property without written permission from the borough manager.

(b)    No person shall remove timber or other vegetation, natural resources, gravel or other materials from borough-owned real property without written permission from the borough manager.

(c)    Persons violating subsection (a) of this section may be considered in trespass. Persons violating subsection (a) or (b) of this section may be prosecuted in accordance with State law and the KGB Code. The borough manager may also, on behalf of the borough, pursue all civil remedies available under State law and the KGB Code against a person violating this section. [Ord. No. 1416, §1, 12-18-06; Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.022.]

11.40.060 Classification of borough land.

(a)    Borough land, including entitlement land, may be classified or reclassified at any time by resolution as enterprise land or economic development land.

(b)    The borough assembly shall hold a public hearing on any proposed classification, or change in the classification, of borough land, and notice thereof shall be published not less than five days prior to the date of such public hearing. [Ord. No. 1867, §3, 9-4-18; Ord. No. 1644, §3, 11-5-12; Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.025.]

11.40.070 Conformity.

(a)    All expenditures for services, supplies and equipment related to the management of the borough land trust and activities of the borough land program shall be in compliance with all applicable ordinances of the borough.

(b)    All activities related to the disposal, development, retention, or management of borough land trust lands shall be in conformance with local, State, and federal laws, rules and regulations, including but not limited to:

(1)    All applicable ordinances of the borough, including the subdivision and zoning ordinances.

(2)    The comprehensive plan policies and coastal management policies.

(3)    All applicable rules and regulations of the State of Alaska Department of Natural Resources, Department of Health and Social Services, and the Department of Environmental Conservation. [Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.030.]

11.40.080 Borough land program.

A systematic land management program, administered by the borough manager or designee, shall be established for the management of borough lands and the management and disposal of borough land trust lands, including but not limited to the following elements:

(a)    Inventory. The borough manager or designee shall develop and maintain an inventory of all real property in which the borough has an interest. The inventory should contain the following information regarding each parcel:

(1)    Source of the borough’s title to the real property and the date of its acquisition or creation by subdivision, and any title restrictions;

(2)    Legal description and approximate size;

(3)    Brief description of any improvements;

(4)    Current assessed value;

(5)    Zoning, classification, or land and resource management plan designation;

(6)    All borough actions regarding the parcel;

(7)    Current use while in borough ownership;

(8)    Past uses, to the extent known or reasonably obtainable;

(9)    Names and addresses of prior users or parties while in borough ownership, including current leaseholders, and permit/use agreement holders;

(10)    Date of last inspection;

(11)    Physical condition of the property at last inspection; and

(12)    Any current plan for use or disposal including proposed timing of next action regarding the parcel.

(b)    Five-Year Management Plan. The manager or designee shall develop and submit for assembly approval a five-year management plan which shall include land management, classification, disposal, acquisition objectives, maintenance and repair objectives, and proposed activities consistent with those objectives. The plan shall also include revenue and expenditure projections for the following five years. The plan shall be updated as necessary, but at least every five years.

(c)    Annual Work Program. Based on the five-year management plan, the manager shall develop and submit annually for assembly approval a work program addressing both borough land trust lands and other borough lands which includes a detailed description of proposed land management, disposal, acquisition and maintenance and repair actions planned for the coming year, revenue and expenditure projections, and a proposed budget for borough land trust operations. The annual work program shall include a review of the previous year’s land trust activities, including but not limited to:

(1)    A financial report of all land bank accounts, including all income, expenditures and investments;

(2)    A summary of each land transaction involving borough land trust lands or funds;

(3)    An inventory of borough lands acquired or improved with borough land trust revenue during the preceding year; and

(4)    An inventory of borough lands proposed for disposal during the upcoming year.

(d)    The borough assembly shall hold public hearings on the five-year management plan and the annual work program submitted by the borough manager, or any change therein, and the notice thereof shall be published not less than five days prior to the date of the public hearing. The assembly may adopt the plan or any proposed change therein with or without amendment.

(e)    In developing the annual inventory of borough lands proposed for disposal, the borough manager or designee shall include a review of all of the properties nominated for disposal during the preceding year by members of the general public, and all parcels recovered through tax foreclosure. [Ord. No. 1644, §4, 11-5-12; Ord. No. 1416, §1, 12-18-06; Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.040.]

11.40.090 Annual program budget.

A program budget for the borough land trust shall be established annually through the borough budget process. [Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.045.]

11.40.100 Borough land trust revenues.

The following revenues shall be credited to the borough land trust, unless otherwise provided by resolution of the borough assembly:

(a)    Receipts, including timber sale revenues, from the sale, lease, or other use or disposition of borough lands and other borough real property, except for enterprise land.

(b)    Receipts from the sale of land acquired by the borough as a result of tax foreclosure proceedings, less taxes, penalties, interest, costs of collection, as defined in KGBC 1.10.020, or other amounts due the borough general fund, and/or applicable service area fund in accordance with KGBC 4.45.380 through 4.45.600.

(c)    Revenues from bonds secured by borough land trust lands for improvements to be constructed on such lands.

(d)    Interest payments made to the borough resulting from the fiscal management of the borough land trust.

(e)    Funds from other sources also may be deposited, at the assembly’s discretion, to borough land trust accounts.

(f)    Interest and principal payments from loans made from the land trust account shall be paid into the land trust account. [Ord. No. 1867, §4, 9-4-18; Ord. No. 1737, §6, 9-2-14; Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.050.]

11.40.110 Expenditures.

The following expenditures shall be debited to the borough land trust:

(a)    Direct and indirect costs incurred by the borough to acquire, own, manage, sell, trade, or lease borough land trust land.

(b)    Direct and indirect costs incurred by the borough to manage and carry out the borough land trust and the borough land program.

(c)    Repayment of bonded indebtedness for lands secured by borough land for improvements to be constructed on such lands, pursuant to the borough land program.

(d)    Any funds expended on a non-areawide or service area basis may only be expended as a loan except in the case of authorized expenditures for the balloting of a special assessment district or service area where borough owned property is included within the proposed assessment district or service area. In such a case the assembly may advance the costs of special assessment district formation or service area formation and balloting from the land trust. In the event the assessment district is formed the funds must be repaid from the assessment. If the district is not formed, the funds need not be repaid. If the expenditure is a loan, then the loan must be at a fixed interest rate equal to or greater than the most recent average annual rate of return on borough funds invested and must be repaid over a period of not more than 20 years.

(e)    Those expenditures approved by the assembly which are within the purposes set out in KGBC 11.40.010(b). [Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.060.]

11.40.120 Procedures for disposal of borough land.

The manager shall oversee all acquisitions and disposals of borough land or interests in lands in accordance with the procedures in Chapters 11.45 and 11.55 KGBC. [Ord. No. 1644, §5, 11-5-12; Ord. No. 1321, §1, 10-4-04; Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.070.]

11.40.130 Disposal of borough land in conjunction with annual work program.

Repealed by Ord. 1644. [Ord. No. 1416, §1, 12-18-06. Code 1974 §40.15.075.]

11.40.140 Effect of borough actions.

(a)    No action or inaction by the assembly, the borough or any officer, agent or employee of the borough relating to or in furtherance of the acquisition, classification, development, preparation for disposal, or disposal of borough land, or any interest therein, shall be deemed to constitute an express or implied representation, warranty or guarantee that such land or any portion or interest therein is either suited, usable or available for such use or purpose and any such action, or inaction, shall be deemed to be and constitute performance of a discretionary policy and planning function and action only and shall be otherwise immune and give rise to no cause of action as provided in AS 9.65.070 or any amendments thereto.

(b)    The providing of any easements, rights-of-way or public areas, or the design, construction or installation of public or private improvements on, or in relation to, borough land, or the disposal thereof, shall not obligate the borough to thereafter inspect, operate, maintain or repair, and shall not constitute an express or implied agreement or assumption by the borough of any duty or responsibility to thereafter inspect, operate, maintain or repair any such land, areas or improvements unless such duty or responsibility is otherwise expressly assumed and provided for by the borough. [Ord. No. 1644, §7, 11-5-12; Ord. No. 1223, §2, 06-17-02. Code 1974 §40.15.080.]