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HomeMy WebLinkAboutRes2005-127 Sponsored by: Corbridge .... CITY OF SEWARD, ALASKA RESOLUTION 2005-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE TRANSFER OF OWNERSHIP OF A PORTION OF PORT AVENUE FROM THE STATE OF ALASKA TO THE CITY OF SEWARD WHEREAS, the Seward City Council approved Resolution 98-120 on October 12, 1998, with said resolution endorsing projects for submission to the State of Alaska for inclusion in the 2000-2002 State Transportation Improvement Plan ("STIP"), and specifically, endorsing the inclusion of the Port Avenue Rehabilitation Project (the "Project") in the STIP; and WHEREAS, Resolution 98-120 specifically stated the City's intent to assume ownership of these transportation facilities upon completion of specific improvements to Port Avenue, namely rehabilitation of Port Avenue from the Seward Highway to the west side of the coal conveyor belt (approx. 0.4 miles);and .... WHEREAS, Federal and State transportation funds were used in the design and construction of the Project, and the Federal Highway Administration holds the State of Alaska Department of Transportation ("ADOT") responsible for maintaining, or causing to be maintained, any project constructed with Federal aid transportation funding; and WHEREAS, former city manager W. Scott Janke executed a Transfer of Ownership Agreement between the City of Seward and the State of Alaska Department of Transportation on May 2,2002, agreeing that, upon completion of the Port Avenue Rehabilitation Project, the City of Seward would accept ownership and responsibility for maintenance of the rehabilitated portion of Port A venue; and WHEREAS, Seward City Code ~7.05.l20, 7.05.125, and 7.05.135 set forth the requirements under which the City may acquire an interest in real property, including the requirement to hold a public hearing prior to acquisition of an interest in real property, necessitating approval by the City Council prior to official execution of the Transfer of Ownership. 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 execute the Transfer of Ownership Agreement between the City of Seward and the State of Alaska Department of Transportation and Public Facilities, in substantially the form as attached hereto. .... CITY OF SEWARD, ALASKA RESOLUTION 2005-127 ..J Section 2. The city manager is hereby authorized to execute the Commissioner's Quitclaim Deed in substantially the form as attached hereto. Section 3. This resolution shall take effect thirty days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of November, 2005. THE CITY OF SEWARD, ALASKA 1{~t~ ~j~~</ Vanta Shafer, Mayor I AYES: NOES: ABSENT: ABSTAIN: Dunham, Lorenz, Schafer, Thomas, Shafer Valdatta Branson None I ...... ATTEST: t~ Ci Clerk ",",11'''", ~,"f:~~ r\"~ C"'eo, "", (C' S 1) ",' ~l ,..-' U"'~1,., ...... Ity ea .,1;:" .,,,:.. -~~~:::.:,"~...~'.1,~) ~... ,.,~ c...'... c :\~ OH~'.Q ~,..:"-"\ "\Ii" "~'.'" .," (',.~.' 1';;........,,; 'l>. ,./ .....~.t "'."\~,, .~~ , : '. ........_ u.. "'-" ; 0 :.: .;\ \-":( ..= 9 ~,~.'.'} (.,;,. 1'....1 .. '" "'" . A '" <,": i~::':L1:.~;:~~':~:.::}: "'~:;. ~. (~G' J~.~f It -!' "1'1f '. ~ . ",lo>"~ .'r.l'a~'" ....; Council Agenda Statement Meeting Date: November 28, 2005 Through: Clark Corbridge, City Manager From: Kristin Erchinger, Finance Director Agenda Item: Transfer of Ownership of Port Avenue BACKGROUND & JUSTIFICATION The Seward City Council approved resolution 98-120 on October 12, 1998, endorsing specific projects for inclusion in the State of Alaska’s 2001-2002 State Transportation Improvement Plan. One of the projects identified in this resolution was the Port Avenue Rehabilitation Project, which was represented as follows: “The State DOT&PF owns and is responsible for Port Avenue. The City is requesting the State to reconstruct the existing roadway with an upgrade to industrial standard use with drainage and pedestrian ways on both sides of the roadway. Upon completion of the project, the City would accept ownership and maintenance responsibilities;” Inclusion of this project in the STIP was supported in large part, based on then city manager W. Scott Janke’s agreement to accept ownership of Port Avenue upon completion of the rehabilitation project. This agreement was reflected in writing, by a signed agreement entitled, “Transfer of Ownership Agreement between the City of Seward, Alaska and the State of Alaska Department of Transportation and Public Facilities (“DOT”), Port Avenue Rehabilitation and Harbor Pedestrian Pathway Project #55089,” dated May 2, 2002. Funding for the Port Avenue Rehabilitation Project came from Federal and State transportation funds, and the Federal Highway Administration holds the State responsible for maintaining, or causing to be maintained, any project constructed with federal transportation aid funding. As such, the State DOT is eager to complete the transfer of ownership of Port Avenue to the City, by way of signing both the Transfer of Ownership Agreement and the Commissioner’s Quitclaim Deed. Both documents are attached as reference, as is a copy of Resolution 98-120 authorizing the original STIP project, and the signed Transfer Agreement of May 2, 2002. CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE In assuming ownership of Port Avenue, the City will assume perpetual responsibility for maintenance of this additional approximately 0.4 miles of road, including snow removal, signage, drainage, sidewalk and road maintenance, etc. The annual operating costs are expected to be approximately $45,000, with depreciation costs estimated at $65,000 per year. RECOMMENDATION Seward City Council approve Resolution 2005-127, authorizing the city manager to execute the Transfer of Ownership of a portion of Port Avenue from the State of Alaska to the City of Seward, and to execute the Commissioner’s Quitclaim Deed related to same.