HomeMy WebLinkAboutRes1999-008
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CITY OF SEWARD, ALASKA
RESOLUTION 99-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE
TRANSFER OF OWNERSHIP OF ALL STATE OWNED FACILITIES IN
THE SEWARD SMALL BOAT HARBOR FROM THE STATE OF ALASKA
TO THE CITY OF SEWARD, AND APPROPRIATING APPROXIMATELY
$3.12 MILLION FROM STATE PROJECT REVENUES TO THE SMALL
BOAT HARBOR REPAIR AND RENOVATION CAPITAL PROJECT FUND
WHEREAS, the Seward Small Boat Harbor (the "Harbor") is a cornerstone in the City's
economy; and
WHEREAS, the present arrangement for managing the Harbor is inefficient and limits the
ability of the City to make operational decisions without approval of the State; and
WHEREAS, the City is the owner of all tide and submerged lands underlying the Harbor;
and
WHEREAS, the facilities to be transferred by the State to the City are personal property,
including but not limited to docks, flotation devises, dolphins, piers, approaches and approach ramps,
gridirons, launching ramps, bulkheads, walkways, and any and all other related personal property
whatsoever located in the Seward Small Boat Harbor, all within Alaska Tidelands Survey 174,
located within the exterior boundaries of Section 3 Township 1 South Range 1 West, Seward
Meridian, Seward Recording District, Third Judicial District, State of Alaska (the "Facilities"); and
WHEREAS, the City has been responsible for operating the Facilities for many years; and
WHEREAS, transfer of title to the Facilities to the City at the earliest possible date will
benefit the City and allow more effective management of the Harbor; and
WHEREAS, this transfer of title is allowed by AS 35.10.120 and paragraph 22 ofthe Boat
Harbor Agreement entered into between the State of Alaska Department of Transportation and
Public Facilities and the City of Seward dated October 25, 1994; and
WHEREAS, pursuant to City Charter Sections 9.1 and 9.2, the City may make agreements
with the State and cooperate with the State on matters of common interest and make all necessary
appropriations in connection therewith; and
CITY OF SEWARD, ALASKA
RESOLUTION NO. 99-008
WHEREAS, the transfer of title to the Facilities is contingent upon a mutually acceptable
arrangement for addressing the accumulated deferred maintenance; and
WHEREAS, the transfer of the Facilities will provide the City with approximately $3.12
million to fund improvements to the Harbor;
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 an agreement on behalf of
the City of Seward accepting the title to the Facilities from the State.
Section 2. The deferred maintenance money of approximately $3.12 million from State
Project Revenues, account no. 315-4680-0200, is hereby appropriated to the Small Boat Harbor
Repair and Renovation Capital Project Fund, Fund No. 315, for repair and renovation of the Seward
Small Boat Harbor.
Section 3. It is in the public interest to complete the transaction described in this resolution
because of the importance ofthe Harbor to the City's economy and because obtaining the Facilities
and deferred maintenance money will assist the City to operate the Harbor more efficiently.
Section 4. It is also in the public interest to complete the transaction described in this
resolution because the transferred Facilities are comprised of used personal property from another
governmental unit, the State, and similar facilities could not likely be obtained from other sources
at a lower price.
Section 5. The Transfer Agreement and Bill of Sale (the "Transfer Documents") between
the State and the City, copies of which are attached as Exhibit A hereto and incorporated by
reference, are hereby approved in substantial form. The City Manager is authorized to sign the
Transfer Documents in substantial form as attached hereto on behalf of The City of Seward.
Notwithstanding the foregoing, the City Manager may, after consultation with the City Attorney,
agree to such changes in the Transfer Documents which do not materially change the terms of the
transaction but which he determines may be necessary to complete the transfer of the Facilities to
the City and finalize the transaction. The City Manager is also authorized to agree to and sign such
other documents on behalf of the City as are necessary to complete the transfer of the Facilities to
the City and terminate the Boat Harbor Agreement.
Section 6. This resolution shall take effect immediately upon its adoption.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 99-008
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 8 day
of February, 1999.
THE CITY OF SEWARD, ALASKA
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AYES:
NOES:
ABSENT:
ABSTAIN:
Blatchford, Callahan, Gage, King, Orr, Satin, Shafer
None
None
None
ATTEST:
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Patrick Reilly , //
City Cler~ .
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