Chapter 11.45
ACQUISITION AND DISPOSAL OF REAL PROPERTY OR INTEREST IN REAL PROPERTY

Sections:

11.45.010    Acquisition of real property or interest in real property.

11.45.020    Sale, lease or other disposal of real property or interest in real property.

11.45.030    Set rate leases.

11.45.040    Leases on Ketchikan International Airport Reserve.

11.45.010 Acquisition of real property or interest in real property.

Except as otherwise required in Chapter 11.40 KGBC or provided in this section, the borough may purchase, lease or otherwise acquire real property or an interest in real property when, and upon such terms and conditions as the assembly, in its sole discretion, determines by resolution to be in the best interest of the borough. The requirement for assembly approval, and the requirement for a resolution finding the acquisition to be in the borough’s best interest, do not apply to (a) an interest in real property dedicated to public use acquired by operation of law through a platting action, or (b) an interest in real property in the nature of an easement or encroachment permit acquired for the purpose of or in the course of construction of utility extensions or other public improvements; provided, that the assembly has approved the construction. [Ord. No. 1644, §8, 11-5-12; Ord. No. 1609, §1, 10-17-11; Ord. No. 1321, §2, 10-4-04; Ord. No. 1018, §5, 3-3-97; Ord. No. 880, §2, 9-8-92; Ord. No. 601, §1, 3-2-87. Code 1974 §40.18.005.]

11.45.020 Sale, lease or other disposal of real property or interest in real property.

(a)    Except as otherwise required or provided in Chapter 10.25 KGBC, Lease of Property at Airport, Chapter 11.55 KGBC, Tideland Leases, or in KGBC 11.45.030, the borough may sell, lease, exchange or otherwise dispose of real property, or an interest in real property, including by exchange with or donation to another municipality, the State, or the United States, or agency thereof, when and upon such terms and conditions as the assembly, in its sole discretion, determines by resolution to be in the best interest of the borough.

(b)    Unless otherwise provided by resolution or ordinance, the borough manager may lease or rent real property. Where the borough proposes to lease real property, the following order of priority shall apply:

(1)    For borough or other governmental uses;

(2)    To other organizations where such rental or lease is advantageous to the borough as a result of borough funding; and provided, that such organization pays an amount of rent sufficient to maintain the facility and cover utility expense;

(3)    To any private party, organization or business for the “real property value” as defined in KGBC 11.40.020 as a rental; and

(4)    To nonprofit organizations at an agreed upon lease or rental charge, which charge may be at a rate below the “real property value” as defined in KGBC 11.40.020 as a rental.

If no party in a higher priority proposes to lease the property prior to the deadline set by the manager or designee, the lease may be awarded to proposers in the priority order indicated. As between proposers of the same priority, the proposed rental rate shall be determinative.

(c)    Short-Term Rentals. Borough facilities which are suitable for short-term rentals such as meetings or special events may be rented without borough assembly action on the following terms:

(1)    All rentals shall comply with applicable facility use rules established by the borough manager. Rentals are on a first-come first-served basis, and are subject to cancellation in the event that the facilities are required for borough purposes or such closure is required for public safety reasons.

(2)    Outdoor public park and recreational facilities not listed in this section are open to the public on a first-come first-served basis, subject to facility use rules and posted hours. Unless they have been reserved, those outdoor public park and recreation facilities which are listed in this section are available on a first-come first-served basis, subject to facility use rules and posted hours.

(3)    Charges for reserved use shall be set by the category of use. Use categories include:

a.    Category I uses include uses by individuals or by any group for which admission is charged;

b.    Category II uses include uses by individuals or by any groups where no admission is charged;

c.    Category III uses include uses by borough departments or agencies, the Ketchikan Gateway Borough School District, or other uses for official borough purposes. For purposes of use of the assembly chambers, Category III uses also include public sessions or meetings of other governmental agencies of the State of Alaska or United States government, including Alaska’s congressional delegation and their staffs.

(4)    Rental Rates. The following fee schedule applies for the short-term event rental of borough public facilities:

 

 

Alcohol Allowed

Category I

Category II

Category III

a. North Tongass Fire Hall*

1. Training Room Station 8

By permit

$25/hr.

No charge

No charge

2. Training Room Station 6

By permit

$25/hr.

No charge

No charge

b. South Tongass Fire Hall*

1. Fire Station 4

No

$25/hr.

No charge

No charge

2. Community Center

By permit

$25/hr.

No charge

No charge

c. Mike Smithers Pool

No

Rates set by separate resolution

d. Gateway Recreation Center

No

Rates set by separate resolution

e. Assembly Chambers

1. Room A

No

$25/hr.

$10/hr.

No charge

2. Room B

No

$15/hr.

$10/hr.

No charge

3. Room C

No

$10/hr.

$5/hr.

No charge

4. Kitchen deposit required (refunded if left clean)

 

$250

$125

No charge

f. Walker Field

1. Field

No

$40/hr.

$10/hr.

No charge

2. Youth League Rates

No

Seasonal set by agreement

3. Concessions main

No

15% gross

10% gross

No charge

4. Concessions small

No

15% gross

10% gross

No charge

g. Fawn Mountain Track

1. Track

No

$40/hr.

$10/hr.

No charge

2. League Rates

No

Seasonal set by agreement

h. Fawn Mountain Field

1. Field

No

$40/hr.

$10/hr.

No charge

2. League Rates

No

Seasonal set by agreement

i. Dudley Field

1. Field

No

$40/hr.

$10/hr.

No charge

2. League Rates

No

Seasonal set by agreement

3. Concessions

No

15% gross

10% gross

No charge

j. Weiss Field

1. Field

By permit

$40/hr.

$10/hr.

No charge

2. League Rates

No

Seasonal set by agreement

3. Concessions

By permit

15% gross

10% gross

No charge

k. Public Works Warehouse

By permit

$25/hr.

$10/hr.

No charge

*Revenues from rental of service area facilities become service area funds.

[Ord. No. 1686, §2, 12-2-13; Ord. No. 1644, §9, 11-5-12; Ord. No. 1575, §1, 11-1-10; Ord. No. 1558, §1, 5-3-10; Ord. No. 1503, §1, 12-1-08; Ord. No. 1321, §3, 10-4-04; Ord. No. 1257, §1, 3-17-03; Ord. No. 1018, §5, 3-3-97; Ord. No. 880, §3, 9-8-92; Ord. No. 601, §1, 3-2-87. Code 1974 §40.18.010.]

11.45.030 Set rate leases.

(a)    The assembly may classify certain borough-owned properties as eligible for set rate lease. Property which has been classified as eligible for set rate lease may be leased to third parties on a first-come, first-serve basis for terms of up to five years without separate assembly approval. Such leases shall be at rates which are not less than the rates approved for lease of the designated space.

(b)    Property eligible for lease under a set rate lease shall be designated by resolution.

(c)    Lease rates applicable to set rate lease properties shall be established by resolution. If property is currently under a written lease when the resolution setting out the lease rates as it pertains to the subject property is amended, such lease shall continue to be governed by the rate in the written lease until the lease comes up for renewal or adjustment by its terms. [Ord. No. 1257, §2, 3-17-03. Code 1974 §40.18.020.]

11.45.040 Leases on Ketchikan International Airport Reserve.

Notwithstanding KGBC 11.45.020 and 11.45.030, real property including space in the airport terminal and dock space, mooring buoys and other spaces or property within the boundaries of the airport reserve may be leased on terms in accordance with KGBC Title 10, without a separate assembly-approved resolution; provided, however, that any such lease shall be awarded consistent with applicable State law and regulations, and shall be consistent with any assembly resolution regarding rates and charges as may be in effect at the time the lease is executed by the borough. [Ord. No. 1644, §10, 11-5-12; Ord. No. 1321, §4, 10-4-04. Code 1974 §40.18.030.]