HomeMy WebLinkAboutRes1983-038
06/27/83
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 83-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, SHORTENING PUBLIC NOTICE FOR RECONSTRUCTION OF FOURTH
OF JULY CREEK NORTH LEVY
WHEREAS, the City of Seward has just recently concluded lengthy arbi-
tration proceedings concerning the failure of the Fourth of July Creek levy
system in September of 1982; and
WHEREAS, experts retained by the City of Seward have determined that
the cause of that failure was improper design coupled with a rain event
that was substantially less than the 50 or 100 year design criteria for the
system; and
WHEREAS, the City Council is concerned that a similar rain event oc-
curring in the summer of 1983 could cause further damage to the levy system
and indeed endanger the remainder of the Seward Industrial Center; and
WHEREAS, as part of the arbitration proceedings the City of Seward re-
tained experts to analyze the design and suggest emergency and temporary re-
pairs; and
WHEREAS, repairs are necessary in order to prevent further damage to the
Seward Marine Industrial Center;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, that:
Section 1. Pursuant to Section 10-8(e)(4) and Section 10-8(g) of the
Seward City Code the City Council hereby finds that repair work for the north
levy of the Seward Marine Industrial Center must be accomplished as quickly
as possible and constitutes a danger to the health and safety of the public
and endangers the investment made by the City of Seward at the Seward Marine
Industrial Center; and
Section 2. The delays incident to following the complete bid pro-
cedure set forth in Section 10-8(b) would increase the likelihood that con-
struction of emergency repair measures could not be accomplished until late
in the summer or early fall 1983 and there is the potential of a substan-
tial rain event during that time which rain event could cause damage to the
already damaged levy system and damage to the Seward Marine Industrial Cen-
ter; and
Section 3. The public interest would best be served by shortening the
time requirements contained in Section 10-8(b) in order that the bid docu-
ments can be prepared, a site visit arranged, a pre-bid conference held, bids
opened, and the contract let by mid July; and
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CITY OF SEWARD, ALASKA
RESOLUTION NO, 83-38
Page 2
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Section 4. Funds for the construction have not been available to the
City of Seward and it would have been unreasonable for the City to proceed
forward with contract preparation and bidding without those funds,
Section 5. This resolution shall take effect immediately upon its
adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this 27 day of June , 1983.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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Donald W. Cripps
Mayor
Burgess, Cripps, Gillespie, Meehan and Wilson
None
O'Brien and Swartz
None
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(City Seal)
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL &
BRUNDIN, Attorneys for the City of
Seward, Alaska
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Fred B. Arvidson
City Attorney