§ 17.10.100. Methods of disposition.

A.

Tax foreclosure sale. The sale and management of tax foreclosed property shall be in accordance with the requirements of AS 29.45 and KPB 5.12.

B.

Auction Sale or Lease. The assembly may by ordinance authorize the sale or lease of borough land by outcry public auction. The ordinance shall specify the minimum acceptable bid which shall be fair market value or fair market rental value. Sale or lease of the land shall be to the highest bidder who performs all the terms of the disposal. The mayor may promulgate rules and regulations for conducting an auction.

C.

Exchange sale. The assembly may by ordinance authorize the exchange of land but only if the ordinance authorizing the exchange sale contains a finding that the exchange sale is in the best interests of the borough and a statement of the facts on which the finding is based.

D.

Cooperative Sale or Lease. The assembly may by ordinance authorize the mayor to sell or lease borough land in cooperation with a person or a public agency. This cooperation may include, but is not limited to, the sale or lease of borough land subject to a preliminary subdivision plat, the sale or lease to a private developer of borough land subject to a development contract, or a sale or lease in cooperation with a public or governmental agency. A cooperative sale or lease shall be conducted according to the bidding requirements of KPB 5, unless the sale or lease is in cooperation with a public or governmental agency. Land to be sold or leased in cooperation with a public or governmental agency may be excluded from classification, deposit into the land bank, and notice of disposition if the land to be sold or leased is a portion of a larger parcel, and the most appropriate use and the highest and best use of the larger parcel is not changed and the land to be sold or leased is not more than one acre.

E.

Combination Sale or Lease. The assembly may by ordinance authorize the sale or lease of borough land by the use of any combination of the methods authorized by this chapter.

F.

Sealed Bid Sale or Lease. The assembly may by ordinance authorize the sale or lease of borough land by sealed bid.

G.

Lottery Sale or Lease. The assembly may by ordinance authorize the mayor to conduct the sale or lease of lands by lottery provided the land is sold for fair market value or fair market rental value.

H.

Over-the-counter Sale or Lease. The assembly may by ordinance authorize the sale or lease of borough land over-the-counter on a first come basis, provided that the land is sold for fair market value or fair market rental value.

I.

Negotiated Sale or Lease. The assembly may by ordinance authorize the negotiated sale or lease of borough land in accordance with section 17.10.120(D). Land to be sold or leased to resolve a land use conflict or unintentional trespass may be excluded from classification, deposit into the land bank, and notice of disposition if the land to be sold or leased is a portion of a larger parcel, and the most appropriate use and the highest and best use of the larger parcel is not changed, and the land to be leased or sold is not more than one acre.

J.

Oil and Gas Lease. The assembly may by ordinance authorize the lease of borough oil and gas interests at a minimum of the prevailing state royalty rate and under other such terms as are standard and customary in the industry, except that such a lease shall not authorize surface use of the land. Separate authorization as otherwise provided in this chapter shall be required for surface use. Oil and gas leases may be excluded from all other provisions for disposition contained in this chapter where the assembly finds that such provisions are not compatible with the intent and purposes of the proposed oil and gas leases.

(Ord. 2010-03, § 1, 2-16-10; Ord. No. 94-47, §§ 1, 2, 1994; Ord. No. 92-57, § 1(part), 1993)