Loading...
HomeMy WebLinkAboutRes1986-091 . . . . . 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. -1- . . CITY OF SEWARD, ALASKA RESOLUTION NO. 86-91 . 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: . 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) . -2- . 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; . 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 ~ff~ ~ ~. Stan Tompson, Mayor . ~c:~...<<. Ha E. Giese er, Mayor