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HomeMy WebLinkAboutOrd2003-007 ... 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. '- 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. I -' 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. i ....J 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 j .J CITY OF SEWARD, ALASKA ORDINANCE 2003-07 ~ 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. ~ 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. ...... 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. J 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. ~ .J ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS II th DAY OF AUGUST 2003. THE CITY OF SEWARD, ALASKA ~a~- Stu Clark, Mayor AYES: NOES: ABSENT: ABSTAIN: Orr, Valdatta, Dunham, Shafer, Amberg Clark None Branson None ATTEST: ~ ~ ........,,". /'t:.. j lb.<~~"~ Of S/2*,-""," J~ Lewis j ~.. ~.~(;~o~~-S>;\ City Clerk ~ l~ '<-:"," . .. . ...:r ........ "0. . (City Seal) ::: SEAL \ :: :e: :.: .~ : . 4 ';. " ........ : = ':. \~ ~..':t ..... \Sl '. \t:\'.":' ... c,1'If.'... 1. ,:;"'-~'" ?JI< '7 --... "', ~~ ".'~~I OF p..\.~~,..~ "'unll'" i I 'WIIIIIl