HomeMy WebLinkAboutRes2005-127
Sponsored by: Corbridge
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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
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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.
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CITY OF SEWARD, ALASKA
RESOLUTION 2005-127
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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
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ATTEST:
t~
Ci Clerk
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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.