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HomeMy WebLinkAboutRes1988-120 . . . Sponsored by: Royle CITY OF SEWARD, ALASKA RESOLUTION NO. 88-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FOR REPAIR AND REPLACEMENT OF EQUIPMENT AT SEWAGE LIFT STATION NO. 3 AND APPROVING A GENERAL RELEASE TO ALASKA NATIONAL INSURANCE COMPANY DISCHARGING ALL CLAIMS AGAINST COASTAL, INC., IN CONNECTION WITH DAMAGE TO SAID LIFT STATION WHEREAS, Sewage Lift Station No.3, located near the Institute of Marine Science, was flooded last March due to action of Coastal, Inc., under contract to INS; and WHEREAS, the city immediately filed a claim against Coastal, Inc., for the cost of repairs and replacement of damaged equipment; and WHEREAS, the station is currently operational pending replacement of several major components; and WHEREAS, the cost of repairs and replacement was estimated to be in excess of S50, 000, including overhead charges; and WHEREAS, an initial payment of $3,243.30 has already been received by the city; and WHEREAS, Alaska National Insurance Company has agreed to pay an additional negotiated sum of $38,384.68 in ex- change for the execution by the city of a general release discharging all claims against Coastal, Inc.; and WHEREAS, this sum was based on the age of the damaged equipment and a credit of $500 for salvage, and is con- sidered reasonable by the city; and WHEREAS, these funds, totalling $41,807.98, are needed to complete the repairs to the lift station; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Upon receipt of a check in the amount of $38,384.68, the city manager is authorized to execute that certain General Release to Alaska National Insurance Company as full and complete satisfaction and discharge of all claims and demands against Coastal, Inc., for damages to -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 88-120 City Sewage Lift Station No.3. A copy of the General Release is attached and incorporated herein by reference. Section 2. The sum of $41,807.98 is hereby appropri- ated to the Fiscal Year 1989 Water/Sewer Fund Budget for the repair, replacement and installation of equipment in Sewage Lift Station No.3, and the Water/Sewer Revenue and Expendi- ture budgets are hereby amended accordingly. 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 7th day of November 19 88 . THE CITY OF SEWARD, ALASKA . ~~ GIESELER, MAYOR AYES: NOES: ABSENT: ABSTAIN: DUNHAM, GIESELER, MEEHAN, NOLL & SIMUTIS NONE HILTON & O'BRIEN NONE ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK ~fII~ Fred B. Arvidson City Attorney (City Seal) -2- . . . ~ Alaska National ~ INSURANCE COMPANY GENERAL RELEASE To Alaska National Insurance Company: 1!./7-Y of 5eu...J,qrd Name p. 0. !3d)l /~'7 A.s;Idress ueuJArvJ... ) Ale... 91~~ <./ , , the undersigned has filed a claim, your claim number /'7 -OL - tJ?9 4'~ KJ 'rhAr~ ,19 ?Ji. , for damages arising out of an accident or other loss occurring on involving your insured t!()f}S r ~ L. , 1Al c.- , Sill=" L.S acQ(p~3 under policy number I hereby acknowledge payment to: o me, and/or o % in the amount of Yhi-~ ~ilrf H,IJIISAPtl 'MtH hPa~,0", r- rr- ($3J'3~i, t,r ) as full and complete sa isfaction and discharge of all c aims~nd demands against you or your insured arising out of the accident or other loss, whether now known or hereafter discovered. Dated and signed this day of ,19_at . I hereby certify, under penalty of perjury, that I am acting on my own behalf, and that the foregoing statements are true and correct to the best of my knowledge and belief. Signature NOTICE: A PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE AN IN- SURANCE COMPANY FILES A CLAIM CONTAINING FALSE, INCOMPLETE OR MISLEADING INFORMA- TION IS GUILTY OF A FELONY (A.S. 21.36.380). Personally appeared before me the above named personally known to me, who, being duly sworn, deposes and says that he executed the above instrument and that the statements and answers contained therein are true and correct to the best of his knowledge and belief. Subscribed and sworn to before me this day of , 19 My Commission Expires: Notary Public of Alaska ANIC ClM 015 (7/87)