HomeMy WebLinkAboutRes1986-091
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Sponsored by: Arvidson
CITY OF SEWARD, ALASKA
RESOLUTION NO. 86-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE SETTLEMENT OF
LITIGATION WITH POWER CONSTRUCTORS, INC.
WHEREAS, there is pending an arbitration proceeding in
which Power Constructors, Inc., and the City of Seward are
parties; and
WHEREAS, the City Council has been advised in executive
session of the status of that litigation by counsel for the
City; and
WHEREAS, counsel for the City has recommended pursuit
of settlement of some of the outstanding claims in accor-
dance with the terms of a draft settlement agreement pre-
pared by counsel for the City; and
WHEREAS, the City Council, based upon discussions of
the relative merits of the positions of the parties, the
potential exposure of the City of Seward in the litigation
and the impact of the litigation upon the finances of the
City, believes it to be in the public interest to authorize
the completion of a settlement in accordance with the terms
discussed with the city attorney; and
WHEREAS, the City Council has discussed the impact of a
public disclosure of the terms of the proposed settlement
agreement upon the litigation and is convinced that a
disclosure at this time would severely impact the prospects
for settlement and would adversely impact the financial
posi tion of the City and does not desire to waive any
applicable attorney client privilege; and
WHEREAS, the City Council is committed to public
disclosure of the terms of any settlement as soon as the
disclosure would not itself impair the settlement process;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The City Manager is hereby authorized to
enter into a settlement agreement with Power Constructors,
Inc., in accordance with the terms discussed with the city
attorney.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 86-91
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Section 2. The terms of a settlement agreement with
Power Constructors, Inc., may be publicly disclosed as soon
as the disclosure would not itself impair the settlement
process as determined by the city attorney.
Section 3. This resolution shall take effect immedi-
ately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this 22 day of September , 19 86 .
THE CITY OF SEWARD, ALASKA
BOOHER, GIESELER, GILLESPIE, HILTON, MEEHAN, SCHOLL & SIMUTIS
NONE
NONE
NONE
AYES:
NOES:
ABSENT:
ABSTAIN:
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ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
7/1441t r;j ~
Fred B. Arvidson
City Attorney
(City Seal)
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fZ-s~o. t~ -9 ~
LOCAL GOVERNMENT DISASTER DECLARATION
AND
REQUEST FOR ASSISTANCE
WHEREAS, commencing on October 9, 1986, the City of Seward
and properties within the Kenai Peninsula Borough, Alaska,
sustained losses and threats to life and property resulting
from torrential rains which exceeded 17~ inches within a 36-
hour period; and
WHEREAS, the Kenai Peninsula Borough and the City of
Seward, are divisions or public entities within the State of
Alaska; and
WHEREAS, the following conditions exist as a result of the
disaster: extensive damage to roads, highways, railroad, power
and harbor facilities as well as personal and real property,
and preliminary damage estimates indicate that this is a multi-
million dollar disaster; and
WHEREAS, the severity and magnitude of the emergency is
beyond the timely and effective response capability of local
resources;
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THEREFORE, be it resolved that the Kenai Peninsula Borough
and the City of Seward, Alaska, do hereby declare a State of
Disaster Emergency to exist extending from Homer to and
including the City of Seward, Alaska.
FURTHERMORE, it is requested that the Governor declare a
Disaster Emergency to exist as provided for in AS 26.23 and
provide such assistance as is requested and/or request addi-
tional assistance from the President or appropriate Federal
agencies where State capability is not adequate.
FURTHERMORE, the undersigned certifies that the City of
Seward and the Kenai Peninsula Borough have or will expend
resources as a result of this disaster for which no State or
Federal reimbursement will be requested and constitutes a
substantial expenditure on the part of the City of Seward and
the Kenai Peninsula Borough.
SIGNED this ~ day of ~~
, 1986.
KENAI PENINSULA BOROUGH
CITY OF SEWARD, ALASKA
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~. Stan Tompson, Mayor
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Ha E. Giese er, Mayor