Chapter 13.08
ADMINISTRATIVE PROVISIONS
Sections:
13.08.030 Administration of land selection.
13.08.040 Accounting procedure.
13.08.050 Payment of land costs in land credit certificates.
13.08.060 Management agreement – With state.
13.08.070 Management agreement – Safeguards.
13.08.080 Management agreement – Nonbinding.
13.08.100 Use and deposit of funds.
13.08.110 Manner of classification.
13.08.130 Repealed.
13.08.010 Selection of lands.
The City may select vacant, unappropriated, unreserved lands of the state from time to time as such lands become available to them for selection, in accordance with the rules and regulations established under the laws of the state, and as promulgated by its agencies in accordance with such laws. (Ord. 78-N-1, 1978)
13.08.020 General procedure.
The City shall follow a procedure of selecting available lands that is consistent with securing for the City that land which offers the greatest prospect for progressive increase in value, lends itself to the betterment of the people of the City, or fits properly into the projected plans of the City in accordance with its comprehensive plans. (Ord. 78-N-1, 1978)
13.08.030 Administration of land selection.
The function of selecting state lands shall be known as “land selection.” The planning of land selection and land management shall be a function of the Planning Department. (Ord. 78-N-1, 1978)
13.08.040 Accounting procedure.
A. The City shall establish a procedure which shall provide for the indexing of selected lands by township, range and section number.
B. Such procedure shall provide for a record of the status of selected lands from the time of application until their disposal to private ownership and shall be maintained on a regular basis.
C. It shall provide further that selected lands sold, leased, or transferred at public auction shall be listed in accordance with the township, range and section number, and the total sales price, lease fee or other value in kind shall be noted as well as the payment schedule of any contract involved, in such manner as to readily provide an accounting of revenue paid or anticipated during any fiscal year, including allowance for land scrip, improvements or other credit in lieu of cash. (Ord. 78-N-1, 1978)
13.08.050 Payment of land costs in land credit certificates.
A. The cost of acquiring land, by purchase or lease, shall be paid by the City as purchaser or lessee, in freely transferable land credit certificates, at the option of the lessor or seller. The lessor or seller, in turn, may apply such land credit certificates toward the purchase or lease of any City lands for sale or lease, and upon meeting all requirements set forth for such sale or lease as would apply in the absence of this section.
B. A land credit certificate is valid for a period of 10 years after issuance. After expiration of the certificate, the holder may not bring an action against the City or any person based upon the certificate.
C. The Mayor may adopt, with the approval of the City Council, rules and regulations necessary to carry out the purposes of selection. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)
13.08.060 Management agreement – With state.
The City Council may enter into a management agreement with the State Division of Lands for purposes of planning sales, leases, or transfer of City lands to the general public, private persons or other agencies and to conduct such sale, leases and transfers in accordance with procedures set forth under the Alaska Statutes after concurrence by the City Council. (Ord. 78-N-1, 1978)
13.08.070 Management agreement – Safeguards.
Such management agreement shall safeguard the right of the City to establish its own management program if and when it deems necessary as set forth by written resolution and upon giving due notice to the State Division of Lands in accordance with said agreement. (Ord. 78-N-1, 1978)
13.08.080 Management agreement – Nonbinding.
No management agreement shall be binding upon the City, which shall take away the right of the City to make selection of vacant, unappropriated, unreserved lands within the City or which sets aside the City’s right to make final determination in regards to its selected lands or which does not afford the City opportunity to terminate such agreement upon proper notice. (Ord. 78-N-1, 1978)
13.08.090 Accounting report.
The City shall make public accounting of the funds derived from sales, leases or transfer of selected lands as soon after such sales, leases or transfers as possible, but no later than 90 days, and shall report no less than twice a year to the City Council the total of lands selected, the totals of disposals, the balance remaining in acreage, and like reports of monies received to date, monies anticipated at next reporting time and all funds on hand or obligated. This report shall be known as the “selected lands report and balances.” (Ord. 78-N-1, 1978; Ord. 97-06, 1997)
13.08.100 Use and deposit of funds.
All revenue from the sale, lease, or use of lands to which the City has title or which the City has selected, or from the sale of timber, gravel or other resources taken, or extracted from such lands shall be deposited in the capital account fund. (Ord. 12-19 § 4, 2012; Ord. 78-N-1, 1978)
13.08.110 Manner of classification.
Classification of City lands shall be the responsibility of the City Council with the advice of the Planning Commission. No land which the City owns or has an interest in shall be leased or sold or otherwise disposed of until it has been first classified for land use. The Council may require that there be no use of any land, or interest in land, other than permitted by its classification unless the written approval of the Council is first obtained. Classification for use of any land shall not conflict with any existing valid zoning regulations and shall be in keeping with the general comprehensive plan. A land use plan of the area shall prepared by the Planning Department staff, approved by the Planning Commission and the City Council. (Ord. 78-N-1, 1978)
13.08.120 Nonwarranty.
The City does not warrant by its classification or sale of land that the land is ideally suited for the use authorized under said classification or sale and no guaranty is given or implied that it shall be profitable to employ land to said use. (Ord. 78-N-1, 1978)
13.08.130 Filing of applications for purchase or lease.
Repealed by Ord. 15-02. (Ord. 78-N-1, 1978; Ord. 97-06, 1997)