Municipal Code Title 10
Property Acquisition and Disposal
Chapters:
Chapter 10.02 Rights and Powers of the City
Chapter 10.04 Personal Property Acquisition and Disposal
Chapter 10.06 Real Property Acquisition and Disposal
Chapter 10.07 Casual Use of City Land
Chapter 10.08 Temporary Use of City Land
Chapter 10.09 Platted Public Right-of-Way or Easement and Public Area Vacations
Chapter 10.10 Tideland Lease Procedure
Chapter 10.11 Tideland Permits
Chapter 10.12 Abandoned Property
Chapter 10.13 Reserved - Public Improvements Bonding Requirements
Chapter 10.01
Definitions
Sections:
Section 10.01.010 Definitions
For the purpose of this title, unless the context otherwise requires:
a. Abstract of title. A condensed history of the title to land together with a statement of all liens, charges, or liabilities to which the land may be subject.
b. Abandoned Property. Those objects which no one claims and which after reasonable search and notice, the mayor or the mayor’s designee can find no one to claim, or can find definite evidence some person has abandoned.
c. Appraisal. An estimation of value of property by a qualified appraiser.
d. Building Inspector. Reserved.
e. Casual Use. The temporary, safe, non-exclusive, non-surface-disturbing and non-commercial use of City land and includes but is not limited to such uses as
1. Hiking
2. Hunting
3. Fishing
4. Short-term camping
5. Picnicking
6. Skiing
7. Snow machining
8. Berry Picking
9. Bicycling
f. City boundaries. The City limits, established when the City is incorporated, inside which all City ordinance are enforceable.
g. Competitive disposal. A disposal of property wherein no preference is shown to any prospective bidder or group of bidders.
h. Condition subsequent. An event that occurs after transfer of title which will act to restore title to the maker of the condition.
i. Contract of sale. A contract between a willing seller and a willing buyer to transfer title to property
j. Deed of trust. An instrument, taking the place and serving the uses of a mortgage, by which legal title to real property is placed in a trustee, to secure the repayment of a sum of money or the performance of other conditions.
k. Disposal. The act of giving away or selling; the transfer of interest in property.
l. Disputed claims. Claim for property that is protested by another, or for property which is also claimed by another.
m. Domiciled resident. One who has resided in the City for at least the thirty days previous, maintains an address in the City, and intends to make the City his/her permanent resident.
n. Easement. A right of privilege in another’s land, such as the right to cross for a specific purpose. Easements allow passage across real property without granting any other ownership rights in that property.
o. Eminent domain. The power of a municipality to convert private property to a public use.
p. Equitable interest. A claim (in property or other) which should be recognized in the interest of fairness or equity.
q. Evaluate. To judge the quality of.
r. Fair market value. The highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used.
s. Federal entity. The Federal government or an agency thereof.
t. Hazardous use. A use involving danger; perilous; risky to human health and well-being.
u. Interest. In property: A right, claim, title, or legal share in that property. Refers to the “bundle of rights”, which may be transferred or conveyed separately or in total. Methods of transfer include deed, lease, or easement.
v. Inventory. A list of property, containing a description of each article of property.
w. Land. Includes all real property and all rights in real property of whatever kind or nature and under the jurisdiction of the municipality. All lands acquired from the State of Alaska under the categories: Wayne is finishing the definition to apply to Municipal Entitlement, Public and Charitable etc.
x. Lease. Leases are used to dispose of specific interests in real property without transferring ownership of that property. A contract for exclusive possession of lands for a determinate period.
y. Legal description. That part of a conveyance document which identifies the land or premises intended to be affected by that conveyance.
z. Litigation. Contract in a court of justice for the purpose of establishing a right
aa. Lottery. A plan whereby the right to obtain interest in property, either by purchase or gift, is decided by luck or chance through some type of drawing of names.
bb. Mean high tide. The tidal datum plane of the average of all the high tides as would be established by the National Oceanic and Atmospheric Administration for Gustavus
cc. Mean high tide line. The intersection of the datum plane of mean high tide with the shore.
dd. Mean low tide. The tidal datum plane of the average of the low tides as established by the National Oceanic and Atmospheric Administration for Gustavus.
ee. Mean Lower Low Tide. At any place subject to tidal influence shall be interpreted as the tidal datum plane of the average of the lower of the two low tides of each day as established by the National Oceanic and Atmospheric Administration for Gustavus.
ff. Miscellaneous Property. Any tangilble prperty or items owned by the City and used for municipal purposes which is not land or permanently attached to land more particulary as defined in A.S. 29.78.010(10)
gg. Municipality. A unit of local government organized under the laws of the State of Alaska.
hh. Non-code ordinance. An ordinance that is not part of the permanent City code.
ii. Nonprofit Corporation. An organization formed under the laws of the State of Alaska not to obtain a profit, but to supply an essential service to its constituents.
jj. Obnoxious use. A use which people may find objectionable, disagreeable, offensive, displeasing.
kk. Personal Property. Only tangible personal property and that property which is not land or permanently attached to land and more particularly as defined in A.S. 29.78.010 (10). However, for purposes of sale, items and fixtures attached to land shall be deemed personal property if intended to be removed from the land and items intended to become fixtures shall be considered personal property until so affixed.
ll. Public and Charitable Lands. Land acquired by City of Gustavus from the State of Alaska for use by the public which may not be disposed of, or sold, but can be returned to the State of Alaska.
mm. Public Interest. Something in which the public, the community at large, has some pecuriary interest (having to do with money), or some interest by which their legal rights or liabilities are affected.
nn. Public Nuisance. Whatever annoys, injures or endangers the safety, health, comfort, or repose of the public; offends public decency, interferes with, obstructs, or renders dangerous any street, highway, navigable lake or stream, or in any way renders the public insecure in life or property, is declared to be a “public nuisance.” Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this title or any ordinance of the City of Gustavus.
oo. Public outcry auction. Sale of property to the highest bidder, at a public auction, where each prospective buyer has the right to enter successive bids until a price is reached at which to higher subsequent bid is made.
pp. Public service. Activities and enterprises which specially serve the needs of the general public.
qq. Reclaimed or constructed tide or contiguous submerged lands. Those lands resulting by purposeful filling of tide or contiguous submerged lands to an elevation above the extreme high tide line.
rr. Referendum. A method of submitting an important measure to the direct vote of the whole people.
ss. Revert. With respect to property, title to go back to and lodge in former owner.
tt. Sealed bid. A written offer to purchase property, placed in an envelope and opened along with all other bids (if any) at a public bid opening.
uu. Singular number includes the plural.
vv. State. The State of Alaska or an agency thereof.
ww. Submerged lands. Those lands covered by tidal waters between the line of mean low tide and seaward to the municipal boundary or as may hereafter be properly claimed by the municipality.
xx. Substantial improvement. A major change or addition to land or real property that makes it more valuable.
yy. Temporary use. An exclusive use of City land which has duration of one year or less, involves minimal disturbance to the land, and does not allow permanent structures or improvements exceeding $1,000.00.
zz. Tidelands. Those lands which are periodically covered by tidal waters between the elevation of mean high tide and mean low tides.
aaa. Tract of land. Those parcels of land combined for convenience of survey or sale.
bbb. Upland owner. The person who owns, or holds a long term lease to property immediately upland of the tideland’s parcel to be leased. For purposes of this definition, uplands may include other tideland upland of the parcel to be leased.
ccc. Valid Claim. A legally enforceable claim by a third party.
Chapter 10.02
Rights and Powers of City
Section:
10.02.01 Rights and Powers of City
Section 10.02.01 Rights and Powers of City
The City of Gustavus shall have and may exercise all rights and powers in the acquisition, ownership, holding and disposal of real property in any manner not prohibited by law.
Chapter 10.03
Reserved
Chapter 10.04
Personal Property Acquisition and Disposal
Sections:
10.04.01 Personal Property Acquisition
10.04.02 Personal Property Disposal
Section 10.04.01 Personal
Property Acquisition
Refer to Acquisition of Personal Property under Section 10.12.010 Abandoned Property; 04.14.180, Lien for Tax, Interest, and Penalty; and 04.15.190, Lien for Tax, Interest, and Penalty.
Section 10.04.02 Personal Property Disposal
a. Personal Property valued at five thousand dollars ($5,000.00) or less, as determined by the mayor or the mayor’s designee may be disposed of upon such notice and terms considered reasonable by the mayor or the mayor’s designee, taking into consideration the value of the article, the reason for disposal, and the general preference of disposal of competitive bid. The mayor or the mayor’s designee shall report disposals to the City Council if so requested.
b. Personal property valued at more than five thousand dollars ($5,000.00) shall be disposed of only with prior Council approval and after competitive bid.
Chapter 10.05
Reserved
Chapter 10.06
Real Property Acquisition and Disposal
Sections:
10.06.01 Real Property Acquisition
10.06.02 Real Property Disposal
10.06.05 Disposal for Public Services
10.06.06 Reserved - Disposal for Economic Development
10.06.07 Reserved - Miscellaneous Disposal
10.06.08 Reserved - Disposal to Settle Claims of Equitable Interest
10.06.09 Reserved - Disposal for Residential Purposes
Section 10.06.01 Real Property Acquisition
a. The City of Gustavus may acquire, own, and hold real property or any interest in real property inside or outside the City boundaries by purchase, lease, exchange, transfer, donation, condemnation or declaration of taking under the City’s power of eminent domain, or any other legal method. Unless otherwise directed by the City Council, the mayor or the mayor’s designee has authority to negotiate the terms of acquisitions, subject to Council approval. Except as provided in sub-sections “b” and “c” of this section, and unless otherwise provided by law, all acquisitions shall be by resolution approved by a majority vote of the total membership of the City Council. Real property shall be held in the name of the City of Gustavus.
b. Upon passage of a resolution approved by a majority vote of the total membership of the City Council, the mayor or the mayor’s designee may act upon behalf of the City to execute those documents required in the acquisition of real property or interest in real property when that property to be acquired is conveyed from the State of Alaska.
c. The City may exercise the powers of eminent domain and declaration of taking in the performance of a power or function of the City in accordance with AS 09.55.240 – 09.55.460. The exercise of the power of eminent domain or declaration of taking shall be by ordinance which shall be submitted to the qualified voters at the next regularly scheduled general election or a special election called for that purpose. A majority of the votes on the question is required for approval of the ordinance.
d. The City Council may approve and authorize the purchase of real property or interest in real property by contract of sale, deed of trust, or lease.
e. Prior to approval of the purchase of property under sub-section “d” of this section, the mayor or the mayor’s designee shall furnish the City Council with an abstract of title, an appraisal of the real property, and a review of any problems in acquisition. The validity of any acquisition or purchase of real property by the City is not affected by the failure to furnish the City Council with such materials.
Section 10.06.02 Real Property Disposal
a. The city may dispose of real property or an interest in real property which has been found to be no longer necessary for municipal purposes. All disposals shall be by non-code ordinance. The minimum time between introduction and adoption of ordinance for disposals other than by sealed bid or public outcry or lottery shall be thirty (30) days longer than required for other non-code ordinances. The ordinances shall include:
1. A finding that the real property or interest in real property is no longer necessary for municipal purposes and a statement of facts upon which such a finding by the city council is based;
2. A legal description of the property;
3. Type of interest in property to be disposed of as defined in section 10.06.03;
4. The purpose of the disposal;
5. The method of disposal as identified in section 10.06.02;
6. The value of the property or the value of the interest in property as determined by subsection “b” of this section;
7. The procedure for conducting the disposal and the time, place and manner in which the proposed disposal shall occur.
b. The value of the property or interest in property shall be fair market value as determined by an appraisal prepared by a qualified appraiser or assessor, or the city council may determine the fair market value by any other means it deems appropriate.
Section 10.06.03 Methods of Disposal
a. All disposals shall be conducted in a fair and impartial manner. Procedures for conducting all disposals shall be set out in the non-code ordinance authorizing each disposal:
Competitive disposal. The city may conduct the following types of competitive disposals:
1. Sealed bid auction. The minimum bid for a sealed bid auction shall be the fair market value of the property or interest in property as determined under Section 10.06.02(b)
2. Public outcry auction. The minimum bid for a public outcry auction shall be the fair market value of the property or interest in property as determined under Section 10.06.02(b).
3. Lottery. In the case of a lottery, the price of the property or interest in property may be established by the city council
Section 10.06.04 Notice of Disposal
a. A notice of the disposal shall be posted in three conspicuous public places within the city not less than 30 days before:
1. The date of the bid opening; or
2. The date of the lottery; or
3. The date of the auction; or
4. The date of the disposal
b. The notice shall include:
1. A legal description of the property and the type of interest to be disposed;
2. The method of disposal as identified in section 10.06.02;
3. The assessed or estimated value of the property or interest in property as determined by an appraisal prepared by a qualified appraiser or assessor, or the city council may determine the fair market value by any other means it deems appropriate;
4. The date of the proposed disposal and the time, place, and manner in which the proposed disposal shall occur.
Section 10.06.05 Disposal for Public Services
The city council may dispose of real property or an interest in real property to a municipality, state, or federal entity or to a non-profit corporation or association when the recipient is providing a necessary public service to residents of the municipality, without seeking bids and for less than the fair market value of the real property or interest in real property. If a disposal is made under this sub-section, the non-code ordinance authorizing the disposal must include in addition to the requirements in Section 10.06.02:
A finding that the disposal to the entity is for provision of a necessary public service and a statement of facts upon which such a finding is based;
A requirement that the conveyance of the property or property interest disposed include a condition that the title will revert to the municipality in the event the property is no longer used for the necessary public service justifying the disposal; and
No election, ratification by the electorate, or competitive bid is required for exchange of municipal property, both real and personal or any interest in property, with the United States, the State of Alaska, or a political subdivision.
Such disposals to other government units, shall be done by ordinance.
Section 10.06.06 Reserved - Disposal for Economic Development
Section 10.06.07 Miscellaneous Disposal
a. The city may dispose of tangible property or items owned by the city which has been found to be no longer necessary for municipal purposes. All disposals shall be by non-code ordinance. The minimum time between notice of property to be disposed of and disposal shall be 30 (thirty) days. The notice shall be posted in at least three (3) conspicuous places and shall include:
1. The date of the bid opening; or
2. The date of the lottery; or
3. The date of the auction; or
4. The date of the disposal
5. A finding that the tangible property or item is no longer necessary for municipal purposes and a statement of facts upon which such a finding by the city council is based;
6. A description of the item;
7. The method of disposal as identified in section 10.06.02;
8. The value of the property or the value of the interest in property as determined by subsection “b” of this section;
9. The procedure for conducting the disposal and the time, place and manner in which the proposed disposal shall occur.
10. The value of the property or interest in property shall be fair market value as determined by an appraisal prepared by a qualified appraiser or assessor or the city council may determine the fair market value by any other means it deems appropriate.
b. Tangible property or item shall be disposed of according to 10.06.03.
c. Payment shall be by cash, company check, money order or cashier’s check. Personal check will not be accepted. Bill of Sale and Title, if required, will only be issued when check has cleared.
Section 10.06.08 Reserved - Disposal to Settle Claims of Equitable Interest
Section 10.06.09 Reserved - Disposal for Residential Purposes
Section
10.06.10 Leases
A disposal of interest in real property by lease shall follow the requirement of Section 10.06.02. The terms and conditions of lease shall be established by the City Council for each such disposal. The mayor or the mayor’s designee is authorized to sign all municipal lease and conveyance documents.
Section
10.06.11 Easement
The disposal of interest in real property by grant of easement and the terms and conditions of easements shall be established by the City Council for each such disposal.
Chapter 10.07
Use of City Land
Sections:
10.07.01 Casual Use of City Land
10.07.02 Temporary Use of City Land
10.07.03 Special Use of City Land
Section 10.07.01 Casual Use of City Land
a. No permit or lease is required for casual uses of City land.
b. Any use under this section is at the risk of the user. The City assumes no responsibility for such use.
c. The City shall notify the public of the location of City lands that are not open to casual use.
Section
10.07.02 Temporary Use of City Land
The mayor or the mayor’s designee has the authority to issue use and special permits for the exclusive temporary use of city lands. A special land use permit does not convey an interest in the land and may be revoked for cause with 30 days notice. Unless otherwise agreed to in writing, this land will be restored to its original condition upon expiration or revocation of the permit. Easements will not be granted under a special land use permit.
Section 10.07.03 Special Use of City Land
Public comment shall be sought before the issuing of a special land use permit in those situations where, in the opinion of the mayor, a hazardous or obnoxious use might significantly affect the surrounding area. Notice of the proposed action shall be published and a period for public comment shall be provided. When significant adverse comment is received, a public hearing shall be held.
A special land use permit shall not be granted for a term exceeding one year. Special land use permits are not transferable, nor renewable. Upon expiration, a special land use permit may be re-issued for a term not exceeding one year.
If a fee is charged for the issuance of a special land use permit, the fee schedule shall be established by the city council through resolution.
Chapter 10.08
Reserved - Easements
Chapter 10.09
Platted Public Right-of-Way or Easement
Vacations
Sections:
10.09.01 Platted Public Right-of-Way or Easement Vacations
Section 10.09.01 Platted Public Right-of-Way or Easement Vacations
a. Petition. No platted public right-of-way or easements or any part thereof shall be vacated except upon petition of the owners of the majority of the front feet of the land fronting upon the part of the platted public right-of-way or easement sought to be vacated.
b. Title to Vacated Area. Title to the platted public right-of-way or easement vacated on a plat, attaches to the lot or lands bordering the area in equal proportions; except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the that lies on one side of the boundary line shall attach to the abutting property on that side. The portion of a vacated platted public right-of-way or easement that lies inside the limits of a platted addition attaches to the lots of the platted addition bordering on the area. If a public square is vacated, the title to it vests in the municipality. If the property vacated is a lot, title vests in the rightful owner.
c. Payment.
1. If the municipality acquired the platted public right-of-way or easement or other public area vacated for legal consideration or by express dedication to the municipality, other than as a subdivision platting requirement, before the final act of vacation, the fair market value, as required by A.S. 29.40.170(b), shall be deposited by the petitioner or petitioners with municipality to be paid to the permanent fund upon vacation.
2. If the person or persons petitioning for vacation is, or are, the original subdividers who established the platted public right-of-way or easement or public thoroughfare, or portion thereof, sought to be vacated, then the municipality may vacate the same without payment of any kind being acquired from the petitioner or petitioners or the property owner or owners who receive the property by virtue of vacation.
3. If the person or persons petitioning for the vacation are not the original subdividers, but the municipality acquired the platted public right-of-way or easement or public thoroughfare or portion thereof as a result of a subdivision platting requirement, before the final act of vacation, the petitioner or the owners of the land fronting upon that part of the platted public right-of-way or easement or public thoroughfare sought to be vacated shall be required to pay the amount determined by the City Council.
Chapter 10.10
Reserved - Tideland Lease Procedures
Chapter 10.11
Reserved - Tideland Permits
Chapter 10.12
Abandoned Property
Sections:
Section 10.12.010 Abandoned Property
a. Abandoned or lost property may be received by the City of Gustavus Lost and Found. The City of Gustavus is not required to search for the true owner.
If property is not claimed within six months, it may be sold at public auction with the proceeds to go to the municipal general fund, unless the person who deposited it with the City Lost and Found indicates at the time of deposit in writing that they would wish the item.
Chapter 10.13
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Municipal Code Title 9
