HomeMy WebLinkAboutRes1990-064
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AN EASEMENT AGREEMENT
WITH PACIFIC TELECOM CABLE, INC., FOR CONSTRUCTION
AND OPERATION OF A FIBER-OPTIC COMMUNICATIONS
CABLE THROUGH SEWARD
WHEREAS, Pacific Telecom Cable, Inc., has begun construction
and will operate a fiber-optic communications cable from Pacific
City, Oregon, to Seward, Alaska, and Tokyo, Japan, for the
provision of voice, data, facsimile, video and other services to
private, common-carrier and governmental users; and
WHEREAS, Seward's unique geographic location makes it the
logical terminus for the undersea portion of the cable from Japan;
and
WHEREAS, the City Council of the city of Seward has long
supported many international trade projects including the sister
city programs and participation in international trade associations
such as KATFA 90; and
WHEREAS, Pacific Telecom Cable, Inc., has agreed to pay fair
market value for an easement through city tidelands at the head of
Resurrection Bay; and
WHEREAS, it is in the public interest to provide access to the
easement area in advance of construction; and
WHEREAS, Section 7.05.410 of the Seward City Code contemplates
short-term agreements for the use of real property; and
WHEREAS, the public interest will be served by permitting
short-term access to the easement area pursuant to the above-cited
provisions of the Seward City Code; and
WHEREAS, the City and Pacific Telecom Cable, Inc. intend to
negotiate a restructuring of the easement in order to shift the
cost of development risk from the City to Pacific Telecom Cable,
Inc.; and
WHEREAS, an appraisal of an easement in perpetuity to the
property would not be in the public interest because of the
immediate need for access and use of the easement rights being
granted; and
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-064
WHEREAS, the formula for calculation of fair market value
based upon actual upland lease values and appraised submerged
values represents a fair and reasonable method for the calculation
of fair market value;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
section 1. The easement agreement attached hereto as Exhibit
A is approved and shall be effective thirty (30) days after passage
and posting of this Resolution.
Section 2. In accordance with the provisions of the easement
agreement, the City Council approves, pursuant to section 7.05.410
of the City Code, temporary and interim rights to access and
possession of the easement area described in the easement agreement
effective immediately upon execution of said easement agreement.
Section 3. The city manager of the city of Seward is
authorized to execute the easement agreement on behalf of the city.
Section 4. The city manager is authorized to continue
negotiations to restructure the easement and to present a revised
agreement as soon as possible.
Section 5. This resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 25th day of June, 1990.
THE CITY OF SEWARD, ALASKA
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AYES:
NOES:
ABSENT:
ABSTAIN:
NOLL,
NONE
NONE
NONE
BURGESS, DUNHAM, HILTON, MEEHAN, SIEMINSKI, SIMUTIS
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-064
ATTEST:
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~inda S. Murphy, CMC/AAE
U City Clerk
(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
7~1l/ ~
Fred B. ArvJ.dson
City Attorney
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