HomeMy WebLinkAboutOrd2003-007
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Sponsored by: Phil Shealy, City Manager
Introduction Date: July 28, 2003
Public Hearing Date: August 11,2003
Enactment Date: August 11, 2003
CITY OF SEWARD, ALASKA
ORDINANCE 2003-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ADDING A NEW CHAPTER 7.25 TO THE SEWARD CITY
CODE OF ORDINANCES REGARDING SALES OF CITY ROCK AND
OTHER MATERIALS
WHEREAS, the City of Seward owns the 4th of July Creek Rock Quarry ("Quarry") and
other areas and deposits of natural materials; and
WHEREAS, the City has sold rock and gravel from the Quarry in the past on a case by
case as-needed basis and has disposed of other various materials such as Resurrection River
dredged material; and
WHEREAS, over the past year the City Council has had work sessions to discuss the
long-term use and management of the Quarry; and
..... WHEREAS, the City Council desires to codify certain minimum guidelines for purposes
of allocating risk, protecting the City's resources, and to optimize use, management and sale of
materials.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code Article 7 is hereby amended by adding a new Chapter 25 as
follows:
CHAPTER 7.25 MATERIAL SALES.
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7.25.001 Definitions
7.25.003 Interpretation
7.25.005. Management
7.25.010. Passage oftitIe
7.25.020. Price, volume and weight
determinations
7.25.025. Contract Provisions
7.25.030. Use of roads and facilities
7.25.035. Sale of other materials
7.25.040. Rehabilitation
7.25.045. Proper location by operator
7.25.050. Inspection and reports
7.25.055. No warranty
CITY OF SEWARD, ALASKA
ORDINANCE 2003-07
7.25.001. DEFINITIONS. In this chapter
(1) "competitive sale" means a sale which is open to competitive
sealed bid or proposal;
(2) "director" means the city manager or his designate;
(3) "fair market value" means the highest price described in terms of
money, which material would bring if offered for sale for a reasonable time in the
open market by a seller willing, but not forced, to sell to a buyer willing, but not
forced, to buy, both being fully informed of the purposes for which the material is
best adapted or could be used.
(4) "material" includes, but is not limited to, the common varieties of
rock, sand, gravel, stone, pumice, pumicite, cinders, clay, topsoil, peat, and sod;
(5) "operator" means a person who has entered into a contract with the
City under this chapter to operate and manage, and to purchase material from, a
natural material site owned by the City.
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7.25.003. INTERPRETATION. (a) Consistent interpretation and effect of
invalidity. This title shall be construed to the greatest extent reasonable, in such a
manner as to be consistent with applicable federal and state laws and regulations and any
conveyances or agreements from or with the state pertaining to city owned land and
materials. If any section of this title is declared invalid, the remaining sections shall not
be affected.
(b) Application in an emergency. The provlSlons of this title shall not be
construed to limit an operator or the city from taking action necessary to protect life, limb
or property in the case of an emergency.
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7.25.005. MANAGEMENT. (a) The director shall oversee operations and management
of the city's material sources and all material sales. A management contract, if a person
other than the director is to manage and operate the material site, shall be sought in
accordance with the competitive sale procedures followed in the awarding of purchases,
Title 6.
(b) A manager, if selected by the City, and the manager's employees,
subcontractors, and assigns shall comply with all applicable federal, state, and local laws
and regulations. Compliance with the provisions of this chapter and other applicable
sections of the Code of Ordinances shall be a material condition of a management
contract. Failure to comply with the provisions of the code is cause for suspension or
cancellation of the contract.
(c) The City may authorize sales of materials to operators upon request, and
in accordance with this chapter. If a management contract is in effect for a site, all
requests to purchase materials from the site shall be through the manager of the site.
7.25.010. PASSAGE OF TITLE. All right, title, and interest in or to the material
remains with the city until the material has been loaded, determined as to volume or
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CITY OF SEWARD, ALASKA
ORDINANCE 2003-07
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weight, removed from the site, and paid for in compliance with the contract provisions
and applicable laws and regulations. Material which is not removed from the sale area
and paid for by the operator within the period specified by a contract remains the
property ofthe city.
7.25.020. PRICE, VOLUME AND WEIGHT DETERMINATIONS. Material prices
and volumes or weights shall be determined in the manner required by a management
contract or if no management contract is in effect for the site, then the fair market sales
price established by the director. The director may consider market costs, prices, values,
and other information obtained from prudent operators, state and federal agencies,
industry associations, price or market reporting services, or other sources and methods
determined by the director to be in the best interests of the city.
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7.25.025. CONTRACT PROVISIONS. A materials contract must include, but is not
limited to
(1) a description of the sale area, the maximum volume, board feet or
weight of material to be removed from the sale area, the method of payment by
the operator;
(2) the operator's site-specific operating requirements including, but
are not limited to, compliance with all applicable local, state and federal laws and
regulations, requirements relating to boundary markers and survey monument
protection; erosion control and protection of water; fire prevention and control;
roads; sale area supervision; protection of fish, wildlife and recreational values;
sale area access; safety; limitations on blast size and location and/or extraction
methods with respect to the impact on adjacent and nearby properties, utilities and
infrastructure; and reclamation;
(3) a requirement that a performance bond be in place at all times for
the duration of the contract covering, at a minimum, estimated rehabilitation costs
and management agreement completion costs if performed by other than the
operator; and
(4) a requirement that the operator maintain insurance as determined
by the city's risk manager, assumption of all risk and liability under the contract,
and indemnification of the City including adding the city as an additional insured
with a waiver of subrogation on all insurance policies.
7.25.030. USE OF ROADS AND FACILITIES. The director may use, and may
authorize other persons to use, roads and facilities constructed and maintained by the
operator during the contract period if the use does not interfere with the operations of the
operator. The director may also limit the maximum load capacity of all city owned
and/or maintained roads and streets to preserve the integrity of the road surface, cross
section, drainage, edges and intersections. Access to the facility at any time using such
roads and facilities by authorized city officials in the conduyt of their official duties shall
not be prevented or obstructed.
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7.25.035. SALE OF OTHER MATERIALS.. The city reserves the right to use or sell
from the sale area during the time that a materials contract is in effect material which is
CITY OF SEWARD, ALASKA
ORDINANCE 2003-07
not covered by the contract if the director finds that removal of the material will not
interfere with the operations ofthe operator.
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7.25.040. REHABILITATION. An operator shall rehabilitate the sale area. The
contract may require the operator to submit a complete plan, to be approved in advance
by the director for the area which must be rehabilitated.
7.25.045. PROPER LOCATION BY OPERATOR. The operator is responsible for
the accurate location of operations pursuant to a contract entered into under this chapter.
At no time shall the operator extend material extraction operations outside the
boundaries, intentionally or unintentionally, of the material extraction area unless
specifically authorized in writing by the director.
7.25.050. INSPECTION AND REPORTS. (a) Activities conducted on city land under
material sale contracts are subject to inspection by the city. Books and records of an
operator, and/or of a manager's contractors and subcontractors, relating to operations
under the contract are also subject to inspection at any time by the city.
(b) The director will require the operator to submit monthly, semiannual,
annual, or other periodic reports, including a final report. The reports must provide an
accurate accounting of the quantity of materials removed.
7.25.055. NO WARRANTY. The city warrants neither the quantity nor the quality of
the material to be removed from an area.
Section 2. This ordinance shall take effect ten (10) days following enactment.
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ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
THIS II th DAY OF AUGUST 2003.
THE CITY OF SEWARD, ALASKA
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Stu Clark, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Orr, Valdatta, Dunham, Shafer, Amberg Clark
None
Branson
None
ATTEST:
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