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HomeMy WebLinkAboutRes1984-060 . . . e . 06/11/84 FBA/rsa CITY OF SEWARD, ALASKA RESOLUTION NO. 84-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE TAKING OF THE LEASEHOLD INTEREST AND DOCK PERMIT OF VECO OFFSHORE, INC. WHEREAS, by prior action of the City Council of Seward, Alaska, the City leased certain properties to Veco Offshore, Inc., under the terms of that certain lease agreement dated the 20th day of July 1981, and provided to Veco Offshore, Inc., a permit for the operation of public port facilities in accordance with that certain Dock Permit dated the 11th day of November , 19~, and WHEREAS, Veco Offshore, Inc., has been in default of its obligations under the Lease Agreement which was terminated by the City on January 9 1984, and the Dock Permit was to be utilized by Veco Offshore, Inc., in its operation of its facilities to be constructed under the Lease Agreement, and WHEREAS, Veco Offshore, Inc. , has contested the termination in the Superior Court for the State of Alaska and immediately upon service of the complaint the City proceeded to determine whether and to what extent Veco Offshore, Inc., claimed a possessory interest in the port facilities at the Fourth of July Marine Industrial Center, and WHEREAS, Veco Offshore, Inc., has refused to disclaim any possessory interest in the Seward Marine Industrial Center, and WHEREAS, the City has for a number of years, including the Lease and Dock Permit to Veco Offshore, attempted to provide for the private development of a industrial center located at and on facilities constructed City at the Seward Marine Industrial Center, and and Inc. , marine by the WHEREAS, the nearing completion and available for immediate facilities are already use, and under construction are now in such a condition as to be WHEREAS, until such time as the interests of Veco Offshore, Inc., in the land and facilities are determined it will be difficult if not impossible to find suitable substitute tenants and operators for the facilities, and WHEREAS, and construction thereto are in the the operation of the public port faci Ii ties of private industrial facilities adjacent public interest, and -1- . . . RESOLUTION NO. 84-60 e . WHEREAS, the lease and grant of a permit for operation of the dock are in the public interest and it is in the public interest to pursue such agreements as rapidly as possible in order to prevent the publicly constructed portions of the facility from being vacant, and WHEREAS, the operation and development of Marine Industrial Center can not reasonably take place time as the interests, if any, of Veco Offshore, determined, and the Seward until such Inc., are WHEREAS, the existing litigation betwen Veco Offshore, Inc., and the City will encumber the Seward Marine Industrial Center and make it difficult for the City to attract private enterprise to the City, all to the detriment of the public interest, and WHEREAS, the City has been unable to negotiate with Veco Offshore, Inc., for the relinquishment of its claims to the property, and WHEREAS, A.S. 29.73.020 grants to a home rule city the power of eminent domain for the public use, and WHEREAS, A.S. 09.55.420 grants to the City of Seward the power to obtain the selected property within a short period of time by means of filing with the condemnation complaint a declaration of taking, and WHEREAS, the City Council has determined that taking the property by the exercise of the power of eminent domain in which the Superior Court will determine the value of the property taken is therefore necessary, and WHEREAS, the City Council is of the opinion that the value of the interests of Veco Offshore, Inc., is minimal in that the Lease Agreement was properly terminated by the City of Seward and the economic interest to be gained by Veco Offshore, Inc., under the terms of the Dock Permit are minimal. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF SEWARD, ALASKA, as follows: Section 1. The City of Seward, Alaska, by and through its City Council, hereby directs the City Manager to exercise the City's power of eminent domain with respect to the real property identified on that certain Lease Agreement and Dock Permit between the City of Seward and Veco Offshore, Inc. Section 2. The City Council hereby authorizes and directs its attorneys to file a complaint exercising the power of eminent domain with respect to the properties referred to in the Lease Agreement and Dock Permit between the City of Seward and Veco Offshore, Inc., and further authorizes and directs its -2- . . . RESOLUTION NO. 84-60 ~ . attorneys to file, if it becomes necessary to schedules for the development of the Seward Center, declarations of taking pursuant to A.S. meet construction Marine Industrial 09.55.420-450. Section 3. In the event declarations of taking are filed, there shall be deposited in court the amounts of money estimated by the City of Seward to be just compensation for the interests (if any) taken. Those amounts, if any, are to be based on the highest range of appraisal values as established by an independent appraiser to be retained by the City. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this If day of q~ , 1984. CITY OF SEWARD, ALASKA L>>i~-> F. GILLESPIE, V~CE "MAYOR AYES: NOES: ABSENT: Gillespie, Hilton, Swartz, Williams and Wilson None Cripps and Meehan ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Fr7~AJf~torney (City Seal) -3-