HomeMy WebLinkAbout08222016 City Council Packet
August 22, 2016
City Council Chambers Beginning at 7:00 p.m.
Seward City Council
Agenda Packet
City of Seward, Alaska Council Agenda
August 22, 2016 Page 1
1963 1965 2005 The City of Seward, Alaska
CITY COUNCIL MEETING AGENDA
{Please silence all cellular phones during the meeting}
August 22, 2016 7:00 p.m. Council Chambers
Jean Bardarson
Mayor
Term Expires 2017
Marianna Keil
Vice Mayor
Term Expires 2016
Ristine Casagranda
Council Member
Term Expires 2016
David Squires
Council Member
Term Expires 2017
Dale Butts
Council Member
Term Expires 2016
Sue McClure
Council Member
Term Expires 2017
Deborah Altermatt
Council Member
Term Expires 2017
James Hunt
City Manager
Johanna Kinney
City Clerk
Will Earnhart
City Attorney
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
signed in will be given the first opportunity to speak. Time is limited
to 3 minutes per speaker and 36 minutes total time for this agenda
item.]
5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
of Consent Agenda passes all routine items indicated by asterisk (*).
Consent Agenda items are not considered separately unless a council
member so requests. In the event of such a request, the item is
returned to the Regular Agenda]
6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
A. Proclamations and Awards
1. Founders Day
B. Chamber of Commerce Report
C. Borough Assembly Report
D. City Manager Report
E. Other Reports and Presentations
1. Ballot Propositions Presentation
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City of Seward, Alaska Council Agenda
August 22, 2016 Page 2
7. PUBLIC HEARINGS – None
8. UNFINISHED BUSINESS – None
9. NEW BUSINESS
A. Resolutions
1. Resolution 2016-052, Authorizing The City Of Seward To Issue Harbor Improvement
Revenue Refunding Bond, 2016 In The Principal Amount Of Not To Exceed
$1,300,000 To Refund Certain Outstanding Harbor Improvement Revenue Bonds Of
The City, Fixing Certain Details Of Such Bond, Authorizing The Sale Of Such Bond,
And Providing For Related Matters.
2. Resolution 2016-053, Authorizing The City Manager To Enter Into A Professional
Services Agreement In An Amount Not Exceed $58,903.00 With Harmon
Construction, Inc. To Provide Abatement, Demolition, And Removal Services For
Derelict City-Owned Structures Located At 408 Madison And 516 – 522 First
Avenue, And Appropriating Funds.
B. Other New Business Items
*1. Approval of the June 27, July 11, July 25, and August 8, 2016 Regular City Council
Meeting Minutes.
10. INFORMATIONAL ITEMS AND REPORTS (No Action Required)
A. June 2016 Financials for the City of Seward and Providence Seward Medical Center.
B. Memo thanking Seward businesses and home stay families for their support of the
44th Annual Sister City Student Exchange Program.
11. COUNCIL COMMENTS
12. CITIZEN COMMENTS
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
14. ADJOURNMENT
*
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P R O C L A M A T I O N
WHEREAS, on August 28, 1903, 83 men, women, and children, arrived at
Resurrection Bay on the steamer, the Santa Ana; and
WHEREAS, aboard this steamer were two brothers, John and Frank Ballaine,
who arrived on the Lowell Homestead; and
WHEREAS, the Ballaine brothers envisioned a railroad to the interior of
Alaska with a coastal headquarters; and
WHEREAS, the settlers cleared the townsite, erected buildings, and began
the construction of the Alaska Central Railroad, later to become the Alaska
Railroad; and
WHEREAS, John Ballaine bestowed upon the new town the name Seward, in
honor of William H. Seward; President Lincoln’s Secretary of State who
negotiated the purchase of Alaska from Russia in 1867, and was later President
Andrew Johnson’s Secretary of State; and
WHEREAS, the landing date of August 28, 1903 is remembered as Seward's
Founder’s Day; and
WHEREAS, Seward is proud to celebrate the 100 year anniversaries of
Urbach’s, the Alaska Railroad, and the Old Solly’s Building; and
WHEREAS, on August 28, 2016, the Resurrection Bay Historical Society will
be hosting a Founder’s Day Open House at the Library Museum Community Room
from 1:00 to 4:00 p.m., with free admission to the museum.
NOW THEREFORE, I, Jean Bardarson, Mayor of the City of Seward, Alaska, do
hereby proclaim Sunday, August 28, 2016 as:
Founders Day
Dated this 22nd day of August, 2016
THE CITY OF SEWARD, ALASKA
_______________________________
Jean Bardarson, Mayor
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FOUNDERS DAY CELEBRATION
HOSTED BY
RESURRECTION BAY HISTORICAL SOCIETY
SUNDAY, AUGUST 28, 2016
LIBRARY MUSEUM COMMUNITY ROOM
1:00 pm – 4:00 pm
Door Prizes – Cake – Refreshments –Historical Video
Seward Flag Award at 2:00 pm
Come meet the winner of the contest for the new
Seward Flag, Katelyn Correa
Visit the Museum – FREE
4:30 pm Guided Historical - Iditarod Trail Walk
Along the waterfront – start location in front of
Alaska SeaLife Center
HAPPY BIRTHDAY SEWARD
113 YEARS OLD!
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CITY OF SEWARD Jim Hunt, City Manager
P.O. Box 167 Telephone (907) 224-4047
Seward, AK 99664 Facsimile (907) 224-4038
MANAGER’S REPORT
August 5, 2016 thru August 12, 2016
The following purchase orders for between $10,000 and $50,000 have been approved by the City Manager since
the last council meeting: NONE
ADMINISTRATION
SMIC weekly teleconference
Teleconference with Transco
Teleconference with Permitting on Snow River
AMLIJA Monthly Safety teleconference
Meeting with department heads
Attended AML Summer Legislative Conference in Wasilla
ELECTRIC
Number of outages/trouble calls in August: 1 Number of new Job Orders started since Jan. 1, 2016: 36
Electric department staff and consultants met with Hamilton’s Representative Brian O’Dowd, the
current contractor, is working on the break water project in SMIC, at the Snow river site. A few days
later the City was supplied with an estimate for this work. We have submitted this to the US department
of Agriculture for the EWP grant. Unfortunately, one of the requirements for the grant is that we cannot
start the construction prior to approval. Because of this we are attempting to get a more definitive
response as to whether or not this project is eligible and will be funded quickly.
The RCA has requested the participants in the Transco effort to appear at a public meeting on August
17th to submit testimony. Staff from the electric department will present to answer questions if called
upon.
As per our agreement, Chugach Electric has hired a contractor to do clearing of the City’s transmission
right-of-way between Dave’s Creek, in Cooper Landing, and Lawing Substation. This work is done
every three years.
PUBLIC WORKS
This week the Public Works crew was busy all over town. Starting my second week off quickly on
Sunday night.
The rains brought in some flooding of Japanese Creek and damage to Diekeraff Road. Sunday one
operator was in to work on minimizing damage to roads and structures. -Loader breakdown.
The falls also added a large amount of gravel above the bridge. We monitored the level all night and
had Metco remove material on Monday.
Grading roads all week barely seemed to help. Lowell Point Road needs material badly. Our operator
reports hitting bedrock in several areas. This is very tough on our equipment. The newest grader is
down and is beyond our capabilities to repair. We need to send it to CMI in Anchorage for diagnosis
and repair.
5
Aside from the normal duties we also had a few digs for hookups. One had a road closure. The water
and sewer lines were 15’-16’ deep
On Saturday Lift Station 1 had a pump failure. We tried to repair but had to replace it. Several pieces
didn’t match up and the wiring was different. Finally got it up and running late on Saturday night.
Three guys worked all day to be sure the sewer was working for town.
Attended Meeting with City Manager and Assistant City Manager to discuss Public Works tasks and
training.
Met with both building maintenance guys this week. Both Matt and Dave seem receptive to any
changes needed in schedules and duties.
Met with DOT. Carl High, Kevin Knowtek, and Greg(from Anchorage). Good discussions.
Met with AK Railroad’s Christy Terry and her director for introduction and RR plans in Seward.
HARBOR
We had construction meetings with Hamilton Construction and R&M for the SMIC breakwater project
on 8-11-2016 and 8-18-2016.
Hamilton Construction is continuing to stock pile rock in Kodiak, and currently barging rock from
Kodiak and stockpiling the rock in Seward, they are placing rock in the water. (Attached is a picture of
the breakwater breaking water at a minus tide.)
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The harbor staff has filled low areas at SMIC with dredge from the SMIC project. Metco has
compacted the area.
For the upcoming haul out season at SMIC the Electrical department has installed five new meters and
with a contracted electrician has double those meters, we now have 10 additional stalls with 50 amp
power each.
If you have seen a new side by side running around the Harbor, this is a new loaner program that Alaska
Mining and Diving has started utilizing government agencies, they loan us a vehicle for 3 to 6 months to
use throughout the Harbor area free of charge. Once the 3 or 6 months is up the City has first option to
purchase, if the City does not want to buy the vehicle they haul it back to Anchorage to sell as a used
vehicle. The benefit for AM&D is for all of the folks that see their vehicle working hard in Seward and
bring visibility to this exciting new model.
Breakwater breaking water at a minus tide
FINANCE
Finance is working with the Alaska Municipal Bond Bank to determine whether our oldest outstanding
bond issue – a 2007 Harbor Bond – may be a candidate for refinancing at today’s low interest rates. The
outstanding balance on those bonds is currently $1,075,000, so the overall savings would be in the
neighborhood of $75,000 over the remaining 5 years of the bonds, or around 6.9% savings given today’s
interest rates. We would be working with Cindy Cartledge of JDO on the refunding.
We are reaching out to Chugach and Harris (software) for training regarding configuring electrical
meters, as part of our new-staff training. On a related matter, we are in discussions with the electric
department regarding the potential benefits of migrating toward automated (remote-read) meter
reading. While the investment in such a transition would be expensive, industry studies show that the
return on investment is relatively short given the ability to avoid current meter reading costs, older
meters tend to slow down over time, electronic meters have an accuracy rating > 99%, and providing
quicker access to better data can provide cost savings to both the utility and the customer.
Staff training for the new utility billing folks and deputy finance director is going very well and we are
seeing significant benefits from the reinstatement of one position in Finance on both staff morale and
productivity.
Through June 30, sales tax collections for the year are neck-in-neck with the prior year, coming in
$1,224 higher, representing an increase in taxable sales of $30,604. Keep in mind that there is a
difference in timing between sales tax collections (receipts by the City) and sales tax revenues (reported
to the Borough, but not necessarily forwarded yet to the City).
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PARKS AND RECREATION
Sports and Rec has vacated the AVTEC Gym. Sports & Rec Coordinators office will be located at the
Teen Rec Room and his phone has changed to 224-4057.
TYC has been busy all around town. Olympic week Aug 8 – 12th had the kids doing a torch run of 2
miles a day. 40+ kids this week have kept the staff on their toes. Our day trip to Jumping Junction in
Kenai was a blast for everyone.
The Teen Rec Room will be hosting a concert with the Conway Seavey Band for Middle and High
Schoolers Sat, Sep 3rd from 7 – 9pm
The parking department is more than halfway through the season, with 4.5% increase in cash customer
over 2015 a 2% increase in credit card and 2.5% overall on daily transactions from this time last
year. We have issued 600 slip holders permits (of those over 100 customers transfer between vehicles)
280 Harbor area employee permits, 145 vehicles with trailer permits, 20 visitor permits and 2 company
vehicles a 35% increase overall from last year and still issuing them, one or two a day but starting to
slow down.
The Park Maintenance and Campgrounds crew was happy to have a break in the weather this last week
as we were able to catch up on some much needed landscaping before the Silver Salmon Derby. We are
still experiencing increased visitor ship, up 10% and revenue, up 38%, compared to 2015. Though we
are losing many of our seasonal staff, we are still keeping up with daily campground management and
regular park maintenance.
LIBRARY
July 2016 Statistics 21407 Front Door Counter; 61 Room Uses; 807 Museum Admission ;7 Museum
Research Questions; 32 Programs; 618 Iditarod Movie Admission; 16 Passport Applications; 10
Proctored Exams; 1403 Public Computer Sessions
Join the Resurrection Bay Historical Society for a fun filled Founder’s Day Celebration on Sunday,
August 28th, 1-4pm. Museum admission will be free.
Join us for the last installment of Independent Film Night on Wednesday, September 7th, at 6:00 PM,
featuring The Grocer’s Son from the Independent Film Movement. Light refreshments provided. This
program is for ages 18 and up.
Story Time returns Friday, September 16th! Join us in the Children’s Room on Fridays at 10:30 AM for
Story Time. This program is for children under 5 and their care givers.
Woodlawn Cemetery Workers’ Project day
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Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY OF SEWARD TO ISSUE HARBOR
IMPROVEMENT REVENUE REFUNDING BOND, 2016 IN THE
PRINCIPAL AMOUNT OF NOT TO EXCEED $1,300,000 TO REFUND
CERTAIN OUTSTANDING HARBOR IMPROVEMENT REVENUE BONDS
OF THE CITY, FIXING CERTAIN DETAILS OF SUCH BOND,
AUTHORIZING THE SALE OF SUCH BOND, AND PROVIDING FOR
RELATED MATTERS
WHEREAS, the City of Seward, Alaska (the "City") is a home rule city and under Section
11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law
or the Charter of the City, and it has been determined that the matters set forth in this resolution are
not prohibited by law or the Charter; and
WHEREAS, there is now outstanding the principal amount of $1,265,000 of Harbor
Improvement Revenue Refunding Bond, 2007 of the City (the "2007 Bond") issued under Resolution
Nos. 2000-094 and 2006-128 of the City; and
WHEREAS, the Council finds that it is in the best interest of the City to provide for the
refunding, including the payment of principal of and interest on, those principal installments of the
2007 Bond maturing on and after December 1, 2017, in the aggregate principal amount of
$1,075,000, whose refunding the City Manager or City Finance Director determines will produce the
debt service savings specified in this resolution, by the issuance of a harbor improvement revenue
refunding bond in the aggregate principal amount of not to exceed $1,300,000 (the "Bond"); and
WHEREAS, Section 11.2(a) of the home rule charter of the City provides that the City may
issue refunding bonds without ratification of the voters; and
WHEREAS, the Council finds that it is necessary and appropriate to delegate to each of the
City Manager and City Finance Director authority to determine the principal installment amounts,
interest rates and other details of the Bond, and to determine other matters pertaining to the Bond
that are not provided for in this resolution; and
WHEREAS, the Alaska Municipal Bond Bank (the “Bond Bank”) will purchase the Bond
with proceeds of its general obligation bonds pursuant to the terms of an amendatory loan agreement
(the “Amendatory Loan Agreement”); and
WHEREAS, the Amendatory Loan Agreement will amend the Loan Agreement dated as of
December 1, 2000, as amended on January 1, 2007, to provide for the refunding of the herein defined
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
Refunded Bond, and related matters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. Definitions. Terms not herein defined shall have the meaning set forth in the
herein defined 2000 Resolution. The following terms shall have the following meanings in this
Resolution:
(A) "Amendatory Loan Agreement" means the Amendatory Loan Agreement between the
City and the Bond Bank, amending the Loan Agreement to provide for the refunding of the Refunded
Bond through their exchange for the Bond, and related matters.
(B) "Bond" means the "Harbor Improvement Revenue Refunding Bond, 2016" of the City
of Seward, the issuance and sale of which are authorized herein.
(C) "Bond Bank" means the Alaska Municipal Bond Bank, a public corporation of the
State of Alaska.
(D) "Bond Bank Bonds" means the General Obligation Refunding Bonds, 2016 Series
Three (Governmental Purpose) of the Bond Bank.
(E) "Bond Register" means the registration books maintained by the Registrar, which
include the names and addresses of the Registered Owners of the Bond or their nominees.
(F) "City" means the City of Seward, a municipal corporation of the State of Alaska,
organized as a home rule city under Title 29 of the Alaska Statutes.
(G) "City Finance Director" means the Finance Director of the City.
(H) "Code" means the Internal Revenue Code of 1986, as amended from time to time,
together with all regulations applicable thereto.
(I) "Continuing Disclosure Certificate" means a certificate relating to the 2016 Bond
executed in connection, and delivered by the City, with respect to compliance with paragraph (b)(5)
of Rule 15c2-12 of the Securities and Exchange Commission, as such certificate may be amended or
supplemented from time to time.
(J) "Council" means the Council of the City of Seward, as the general legislative
authority of the City of Seward, as the same shall be duly and regularly constituted from time to time.
(K) "Loan Agreement" means the Loan Agreement between the City and the Bond Bank
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
dated as of December 1, 2000, as amended on January 1, 2007, and as further amended by the
Amendatory Loan Agreement.
(L) "Refunded Bond" means the principal installments of the 2007 Bond whose refunding
is approved by the City Manager or City Finance Director under Section 12.
(M) "Registered Owner" means the person named as the registered owner of a Bond in the
Bond Register.
(N) "Registrar" means the City Finance Director.
(O) "Resolution" means this Resolution 2016-___of the City.
(P) "2000 Resolution" means the City’s Resolution 2000-94, approved by the Council on
September 11, 2000, authorizing the issuance of harbor revenue bonds.
(Q) "2006 Resolution" means the City's Resolution 2006-128, approved by the Council on
November 27, 2006, authorizing the issuance and sale of the 2007 Bond.
(R) "2007 Bond" means the outstanding $1,265,000 Harbor Improvement Revenue
Refunding Bond, 2007 of the City.
Section 2. Authorization of Bond and Purpose of Issuance. For the purpose of effecting the
refunding by exchange of the Refunded Bond in the manner set forth hereinafter and in the
Amendatory Loan Agreement, the City hereby authorizes and determines to issue and sell the Bond
in the aggregate principal amount of not to exceed $1,300,000.
Section 3. Obligation of Bond. The Pledged Revenues, as defined in the 2000 Resolution, are
hereby pledged to the payment of the principal of and interest on the Bond as the same become due
and payable.
Section 4. Designation, Maturities, Interest Rates, and Other Details of the Bond. The Bond
shall be designated "City of Seward, Alaska, Harbor Improvement Revenue Refunding Bond, 2016."
The Bond shall be in denominations of $5,000 or any integral multiple thereof and with such
designation as the Registrar deems necessary for purposes of identification, and may have endorsed
thereon such legends or text as may be necessary or appropriate to conform to the rules and
regulations of any governmental authority or any usage or requirement of law with respect thereto.
Installments of principal of the Bond shall be paid annually commencing on or after January
1, 2017 and continuing no later than December 31, 2021. The Bond shall bear interest from its dated
date, payment commencing on a date on or after December 1, 2016, and semi-annually thereafter in
each year. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
months.
The dated date, the principal and interest payment dates, the aggregate principal amount, the
principal amount of each installment, and the interest rates for each principal installment of the Bond
shall be determined at the time of execution of the Amendatory Loan Agreement under Section 16.
Section 5. Redemption. The Bond may not be redeemed prior to maturity.
Section 6. Form of Bond. The Bond shall be in substantially the following form, with such
variations, omissions and insertions as may be required or permitted by this Resolution:
UNITED STATES OF AMERICA
STATE OF ALASKA
CITY OF SEWARD
(A Municipal Corporation of the State of Alaska)
NO. _____ $__________
HARBOR IMPROVEMENT REVENUE REFUNDING BOND, 2016
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The City of Seward (the "City"), a municipal corporation of the state of Alaska, hereby
acknowledges itself to owe and for value received promises to pay to the Registered Owner
identified above, its registered assigns, the Principal Amount indicated above in the following
installments on December of each of the following years, and to pay interest on such installments
from the date hereof, payable on June 1, 20___ and semiannually thereafter on the 1st days of
December and June of each year, at the rates per annum as follows:
Year
Principal
Amount
Interest
Rate
This Bond is a special limited obligation of the City of Seward, payable solely from Pledged
Revenues as the same shall become due. The full faith and credit of the City are not pledged for the
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
payment of the principal of and interest on the Bond.
For so long as this Bond is owned by the Alaska Municipal Bond Bank (the "Bond Bank"),
payment of principal and interest shall be made as provided in the Loan Agreement between the
Bond Bank and the City, dated as of December 1, 2000, as amended on January 1, 2007 and
November __, 2016 (collectively, the "Loan Agreement"). In the event that this Bond is no longer
owned by the Bond Bank, installments of principal and interest on this Bond shall be paid by check
or draft mailed by first class mall to the Registered Owner as of the close of business on the fifteenth
day of the month preceding each installment payment date; provided that the final installment of
principal and interest on this Bond shall be payable upon presentation and surrender of this Bond by
the Registered Owner at the office of the Registrar. Interest will be computed on the basis of a 360-
day year consisting of twelve 30-day months. Both principal of and interest on this Bond are payable
in lawful money of the United States of America which, on the respective dates of payment thereof,
shall be legal tender for the payment of public and private debts.
This Bond the Harbor Improvement Revenue Refunding Bond, 2016 of the City of Seward,
Alaska, aggregating $_______________ in principal amount, and constituting the Bond authorized
for the purpose of refunding a certain harbor revenue bonds issued by the City, and is issued under
Resolution 2016- _________ of the City entitled:
A RESOLUTION AUTHORIZING THE CITY OF SEWARD TO ISSUE HARBOR
IMPROVEMENT REVENUE REFUNDING BOND, 2016 IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $1,300,000 TO REFUND CERTAIN
OUTSTANDING HARBOR IMPROVEMENT REVENUE REFUNDING BONDS
OF THE CITY, FIXING CERTAIN DETAILS OF SUCH BOND AND
AUTHORIZING THE SALE OF SUCH BOND, AND PROVIDING FOR
RELATED MATTERS
(the "Resolution").
This Bond is not subject to redemption prior to maturity.
This Bond is transferable as provided in the Resolution, (i) only upon the bond register of the
City, and (ii) upon surrender of this Bond together with a written instrument of transfer duly
executed by the registered owner or the duly authorized attorney of the registered owner, and
thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and maturity
shall be issued to the transferee in exchange therefor as provided in the Resolution and upon the
payment of charges, if any, as therein prescribed. The City may treat and consider the person in
whose name this Bond is registered as the absolute owner hereof for the purpose of receiving
payment of, or on account of, the principal or redemption price, if any, hereof and interest due hereon
and for all other purposes whatsoever.
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by
the constitution or statutes of the State of Alaska and the home rule charter of the City to exist, to
have happened or to have been performed precedent to or in the issuance of this Bond exist, have
happened and have been performed, and that this Bond, together with all other indebtedness of the
City, is within every debt and other limit prescribed by said constitution, statutes, or charter.
IN WITNESS WHEREOF, THE CITY OF SEWARD, ALASKA, has caused this Bond to be
signed in its name and on its behalf by the manual or facsimile signature of its Mayor and its
corporate seal (or a facsimile thereof) to be impressed or otherwise reproduced hereon and attested
by the manual or facsimile signature of its Clerk, all as of the ______ day of _______________,
2016.
__________________________________
_______________________, Mayor
A T T E S T:
______________________________
Johanna Kinney, CMC, City Clerk
[SEAL]
(Form of Assignment)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells assigns and transfers unto
(Please insert Social Security or taxpayer identification number of transferee)
(Please print or typewrite name and address, including zip code of Transferee)
the within bond and does hereby irrevocably constitute and appoint ___________, of
____________________, or its successor, as Registrar, to transfer said bond on the books kept for
registration thereof with full power of substitution in the premises.
Dated:
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
__________________________________________
_
NOTE: The signature on this Assignment must
correspond with the name of the registered owner as it
appears upon the face of the within bond in every
particular, without alteration or enlargement or any
change whatever.
Signature Guaranteed:
Section 7. Execution. The Bond shall be executed in the name of the City by the Mayor or
her/his designee, and its corporate seal shall be impressed or otherwise reproduced thereon and
attested by the City Clerk. The execution of the Bond on behalf of the City by persons who at the
time of the execution are duly authorized to hold the proper offices shall be valid and sufficient for
all purposes, although any such person shall have ceased to hold office at the time of authentication
of the Bond or shall not have held office on the date of the Bond.
Section 8. Payment of Principal and Interest. The Bond shall be payable in lawful money of
the United States of America which at the time of payment is legal tender for the payment of public
and private debts. As long as the Bond Bank is the Registered Owner of the Bond, payment of
principal and interest on the Bond shall be made as provided in the Loan Agreement. If the Bond
Bank is no longer the Registered Owner of the Bond, installments of principal and interest on the
Bond shall be paid by check mailed by first class mail to the Registered Owner as of the fifteenth day
of the month preceding each installment payment date at the address appearing on the Bond Register;
provided that the final installment of principal and interest on the Bond shall be payable upon
presentation and surrender of the Bond by the Registered Owner at the office of the Registrar.
Section 9. Registration. The Bond shall be issued only in registered form as to both principal
and interest. The City designates the City Finance Director as Registrar for the Bond. The Registrar
shall keep, or cause to be kept, the Bond Register at the principal office of the City. The City
covenants that, until the Bond has been surrendered and canceled, it will maintain a system for
recording the ownership of each Bond that complies with the provisions of Section 149 of the Code.
The City and the Registrar may treat the person in whose name any Bond shall be registered as the
absolute owner of such Bond for all purposes, whether or not the Bond shall be overdue, and all
payments of principal of and interest on a Bond made to the Registered Owner thereof or upon its
order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent
of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to
the contrary.
Section 10. Transfer and Exchange. The Bond shall be transferred only upon the books for
the registration and transfer of the Bond kept at the office of the Registrar. Upon surrender for
transfer or exchange of the Bond at such office, with a written instrument of transfer or authorization
for exchange in form and with guaranty of signature satisfactory to the Registrar, duly executed by
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
the Registered Owner or the duly authorized attorney of the Registered Owner, the City shall execute
and deliver an equal aggregate principal amount of Bond of the same maturity of any authorized
denominations, subject to such reasonable regulations as the City may prescribe and upon payment
sufficient to reimburse it for any tax, fee or other governmental charge required to be paid in
connection with such transfer or exchange. The Bond surrendered for transfer or exchange shall be
canceled by the Registrar.
Section 11. Bond Mutilated, Destroyed, Stolen or Lost. Upon surrender to the Registrar of a
mutilated Bond, the City shall execute and deliver a new Bond of like maturity and principal amount.
Upon filing with the Registrar of evidence satisfactory to the City that a Bond has been destroyed,
stolen or lost and of the ownership thereof, and upon furnishing the City with indemnity satisfactory
to it, the City shall execute and deliver a new Bond of like maturity and principal amount. The
person requesting the execution and delivery of a new Bond under this section shall comply with
such other reasonable regulations as the City may prescribe and pay such expenses as the City may
incur in connection therewith.
Section 12. Designation of Refunded Bonds. The City Manager and the City Finance
Director each is authorized to designate which principal installments of the 2007 Bond are
authorized to be refunded in this Resolution shall be refunded, provided that the refunding of the
2007 Bond so designated shall realize an aggregate debt service savings, net of all issuance costs and
underwriting discount, on a present value basis.
Section 13. Parity Bond Covenants. The Bond is a Parity Bond referred to in Section 16 of
the 2000 Resolution. The City hereby covenants with the owners of the Bond, so long as the Bond
remains outstanding:
(A) Pursuant to Section 16(A)(1) of the 2000 Resolution, the City will pay into and
maintain in the Reserve Subaccount the amounts required by Section 13 of the 2000
Resolution to be paid into and maintained in such Subaccount.
(B) Pursuant to Section 16(A)(1) of the 2000 Resolution, the City will establish, maintain
and collect Passenger Fees and Net Revenues in each Fiscal Year that will provide
Pledged Revenues in an amount equal to the amount of the Annual Debt Service
Requirement for such year on all outstanding Parity Bonds.
(C) Pursuant to Section 16(A)(2) of the 2000 Resolution, unless otherwise exempt, from
the date the Bond is issued, the City shall have on file a certificate showing that the
"annual income available for revenue debt service" is at least equal to 1.20 times the
maximum Annual Debt Service Requirement on all outstanding Parity Bonds.
(D) Pursuant to Section 16(B) of the 2000 Resolution, issuance of the Bond does not
require a greater amount to be paid out of Pledged Revenues for principal and interest
16
CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
over the life of the Bond, and the other applicable, and required, provisions of Section 16
of the 2000 Resolution are complied with.
Section 14. Tax Covenants. The City covenants to comply with any and all applicable
requirements set forth in the Code in effect from time to time to the extent that such compliance shall
be necessary for the exclusion of the interest on the Bond from gross income for federal income tax
purposes. The City covenants that it will make no use of the proceeds of the Bond which will cause
the Bond or the Refunded Bonds to be "arbitrage bonds" subject to federal income taxation by reason
of section 148 of the Code. The City covenants that it will not take or permit any action that would
cause the Bond to be "private activity bonds" as defined in Section 141 of the Code.
Section 15. Amendatory and Supplemental Resolutions.
(A) The Council from time to time and at any time may adopt a resolution or resolutions
supplemental hereto, which resolution or resolutions thereafter shall become a part of this resolution,
for any one or more of the following purposes:
(1) To add to the covenants and agreements of the City in this Resolution, other
covenants and agreements thereafter to be observed, or to surrender any right or power herein
reserved to or conferred upon the City.
(2) To make such provisions for the purpose of curing any ambiguities or of curing,
correcting or supplementing any defective provision contained in this Resolution or in regard to
matters or questions arising under this Resolution as the Council may deem necessary or desirable
and not inconsistent with this Resolution and which shall not adversely affect the interests of the
Registered Owners of the Bond.
Any such supplemental resolution may be adopted without the consent of the Registered
Owner of the Bond at any time outstanding, notwithstanding any of the provisions of subsection (B)
of this section.
(B) With the consent of the Registered Owners of not less than 60 percent in aggregate
principal amount of the Bond at the time outstanding, the Council may adopt a resolution or
resolutions supplemental hereto for the purpose of adding any provisions to or changing in any
manner or eliminating any of the provisions of this Resolution or of any supplemental resolution;
provided, however, that no such supplemental resolution shall:
(1) extend the fixed maturity of the Bond, or reduce the rate of interest thereon, or
extend the time of payments of interest from their due date, or reduce the amount of the principal
thereof, or reduce any premium payable on the redemption thereof, without the consent of the
Registered Owners of the Bond so affected; or
17
CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
(2) reduce the aforesaid percentage of Registered Owners of the Bond required to
approve any such supplemental resolution without the consent of the Registered Owners of the Bond
then outstanding.
It shall not be necessary for the consent of the Registered Owners of the Bond under this
subsection to approve the particular form of any proposed supplemental resolution, but it shall be
sufficient if such consent approves the substance thereof.
(C) Upon the adoption of any supplemental resolution under this section, this Resolution
shall be deemed to be modified and amended in accordance therewith, and the respective rights,
duties and obligations under this Resolution of the City and all Registered Owners of the outstanding
Bond shall thereafter be subject in all respects to such modification and amendment, and all the
terms and conditions of the supplemental resolution shall be deemed to be part of the terms and
conditions of this Resolution for any and all purposes.
(D) Each Bond executed and delivered after the execution of any supplemental resolution
adopted under this section may bear a notation as to any matter provided for in such supplemental
resolution, and if such supplemental resolution shall so provide, a new Bond modified so as to
conform, in the opinion of the City, to any modification of this Resolution contained in any such
supplemental resolution may be prepared by the City and delivered without cost to the Registered
Owners of the Bond then outstanding, upon surrender for cancellation of such Bond in equal
aggregate principal amounts.
Section 15. Defeasance. In the event money and/or non-callable direct obligations of, or
obligations the timely payment of principal of and interest on which are unconditionally guaranteed
by, the United States of America or an agency or instrumentality of the United States of America,
maturing at such times and bearing interest to be earned thereon in amounts sufficient to redeem and
retire any or all of the Bond in accordance with its terms are set aside in a special trust account to
effect such redemption or retirement and such moneys and the principal of and interest on such
obligations are irrevocably set aside and pledged for such purpose, then no further payments need be
made to pay or secure the payment of the principal of and interest on such Bond and such Bond, or
portion thereof, shall be deemed not to be outstanding.
Section 16. Exchange of Bond; Amendatory Loan Agreement. The Bond shall be delivered to
the Bond Bank in exchange for the Refunded Bond. The City has been advised by the Bond Bank
that bond market conditions are fluctuating and that the most favorable market conditions for the sale
of the Bond Bank Bonds may not occur on the date of a regular Council meeting. The Council has
determined that it would be inconvenient to hold a special meeting on short notice to approve the
terms of the Bond. Therefore, the Council hereby determines that it is in the best interest of the City
to delegate the authority to approve the terms of the Bond as provided herein. Each of the City
Manager and the City Finance Director is hereby authorized to determine the aggregate principal
amount, principal installment amounts, interest rates, yields, dated date, principal and interest
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
payment dates, and redemption terms, if any, for the Bond, so that such terms of the Bond conform
to the terms of the corresponding Bond Bank Bonds; provided that the interest rate on each principal
installment of the Bond shall not exceed the interest rate on the corresponding maturity of the Bond
Bank Bonds. Based upon the foregoing determination, the City Manager and the City Finance
Director each is authorized to negotiate and execute an Amendatory Loan Agreement. The authority
granted to the City Manager and City Finance Director by this section shall expire 180 days after the
effective date of this Resolution. If the City Manager or City Finance Director has not executed an
Amendatory Loan Agreement within 180 days from the effective date of this Resolution, the
Amendatory Loan Agreement may not be executed on behalf of the City without further
authorization from the Council.
Section 17. Official Statement. The City Manager and City Finance Director are each hereby
authorized to approve the form of the preliminary and the final Official Statement for the Bond Bank
Bonds as each pertains to the City and the Bond.
Section 18. Authority of Officers. The Mayor, the City Manager, the City Finance Director,
and the City Clerk are, and each of them hereby is, authorized and directed to do and perform all
things and determine all matters not determined by this Resolution, to the end that the City may carry
out its obligations under the Bond and this Resolution.
Section 19. Miscellaneous. No recourse shall be had for the payment of the principal of or the
interest on the Bond or for any claim based thereon or on this Resolution against any member of the
Council or officer of the City or any person executing the Bond. The Bond is not and shall not be in
any way a debt or liability of the State of Alaska or of any political subdivision thereof, except the
City, and does not and shall not create or constitute an indebtedness or obligation, either legal, moral
or otherwise, of said state or of any political subdivision thereof, except the City.
Section 20. Continuing Disclosure. The City hereby covenants and agrees that it will execute
and carry out all of the provisions of a Continuing Disclosure Certificate in form and substance
satisfactory to the Bond Bank if execution and delivery of such Certificate is required by the Bond
Bank. Notwithstanding any other provision of this Resolution, failure of the City to comply with the
Continuing Disclosure Certificate shall not be considered a default of the City's obligations under
this Resolution or the Bond; however, the beneficial owner of any Bond or Bond Bank Bond may
bring an action for specific performance, to cause the City to comply with its obligations under this
section.
Section 21. Severability. If any one or more of the provisions of this Resolution shall be
declared by any court of competent jurisdiction to be contrary to law, then such provision shall be
null and void and shall be deemed separable from the remaining provisions of this Resolution and
shall in no way affect the validity of the other provisions of this Resolution or of the Bond.
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CITY OF SEWARD, ALASKA
RESOLUTION 2016-052
_________________________
Section 22. This resolution shall take effect thirty (30) days following adoption by the
Seward City Council.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd
day of August, 2016.
THE CITY OF SEWARD, ALASKA
__________________________________
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
____________________________________
Brenda J. Ballou, CMC
Acting City Clerk
(City Seal)
20
Council Agenda St.tement
Meeting Date: August 22, 2016 uea41
To: City Council itoat,
1 4tsswP
Through: Jim Hunt, City Manager,
From: Kristin Erchinger,Finance Director
Agenda Item: Refunding 2007 Harbor Revenue Bonds
BACKGROUND&JUSTIFICATION:
On November 27,2006,theSeward City Council approved Resolution 2006-128 authorizing the issuance of$2,650,000 of
Harbor improvement revenue refunding bonds for the purpose of refunding Harbor bonds which were originally issued in
2000 for the purpose of constructing E-Float and fish cleaning stations. The original bonds were issued in the amount of
3 Million as authorized by Resolution 2000-094. As of August 1, 2016, the remaining balanceon these bonds is
1,075,000.
Interest rates remain at historic low levels. A recent analysis by RBCCapital Markets on behalf of the Alaska Municipal
BondBank, determined thattheoutstandingharbor bond is a candidate for net present value savings of approximately
74,447,net of all costs,over the life of this bond. This is equal to an annual savings of approximately$12,201.
Generally,the City looks favorably on a refunding when it can achieve a NPV savings of at least 3%;this analysis shows a
potential savings of approximately 6.9%. The intent is to issue new bonds for the same approximate maturity as the old
bonds,with a slight adjustment to synchronize the bond repayment schedule with the AMBBA.
INTENT:
To refund the Harbor Enterprise Fund Revenue Bonds in order to reduce lifetime borrowing costs of debt. The refunding
is notintended to extend maturities unless a minor extension is required to sync up the bond payment schedule with other
participants in the bond issuance.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan(2020 Comp Plan):X
2. Strategic Plan: X
3. Other: Resolution 2006-128; Resolution 2000-094 X
FISCAL NOTE:
This action is intended to result in a reduction in annual debt costs of approximately$12,201 (current annual debt costs are
approximately $246,000), for an estimated net present value savings of$74,447. The maximum requested amount of the
refunding is higher thanthe outstanding balance on the bonds, toaccount for the fact that the refunding escrow accounts
must pay interest through the call dates rather than just the outstanding principal amounts being refunded.
Approved by Finance Department: 4 Matte
ATTORNEY REVIEW: Yes X No
This information was prepared and reviewed by Cynthia Cartledge of Jermain, Dunnagan& Owens, serving as the City's
bond counsel on thisrefunding.
RECOMMENDATION:
Approve City Council Resolution 2016-05Z,authorizing the City of Seward to issue refunding revenue bonds in a principal
amount not to exceed$1,300,000,authorizing the execution of a loan agreement between the City of Seward and the Alaska
Municipal Bond Bank, authorizing the sale of such bonds,and providing for related matters.
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Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION 2000-094
A RESOLUTION OF mE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, PROVIDING FOR THE ISSUANCE OF HARBOR
IMPROVEMENT REVENUE BONDS OF THE CITY IN mE AGGREGATE
PRINCIPALAMOUNT OF NOT TO EXCEED $3,000,000 FOR THE
PURPOSE OF PROVIDING AMOUNTS TO ACQUIRE, CONSTRUCT AND
INSTALL NECESSARY ADDITIONS AND IMPROVEMENTS TO THE
CITY'S HARBOR SYSTEM AND TO DO ALL mINGS NECESSARILY
INCIDENTAL THERETO, AND TO PAY THE COSTS OF BOND
ISSUANCE; FIXING CERTAIN COVENANTS AND PROTECTIVE
PROVISIONS SAFEGUARDING mE PAYMENT OF THE PRINCIPAL OF
AND INTEREST ON SAID BONDS; PROVIDING THAT ADDITIONAL
HARBOR IMPROVEMENT REVENUE BONDS MAY BE ISSUED ON A
PARITY WITH SUCHBONDS UPON COMPLIANCE WITH CERTAIN
CONDITIONS; AND PROVIDING FOR THE DATE, FORM, TERMS,
MATURITIES AND MANNER OF SALE OF THE BONDS.
WHEREAS, the City of Seward, Alaska, (the "City") owns, operates and maintains a harbor
system which is in need of certain additions, improvements and extensions; and
WHEREAS, the Constitution and statutes ofthe State of Alaska and the Charter of the City
permit the City to issue revenue bonds to finance any project which serves a public purpose which
bonds are secured only by the revenues of the project and which do not constitute a debt or pledge
of the faith and credit or taxing power of the City and which may be authorized by the Council and
do not require ratification by the electors of the City; and
WHEREAS, it is necessary to establish the fonn, conditions, covenants and method of sale
of such bonds and to make provision for establishing the amount, maturities, interest rates and
redemption rights and other terms thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEWARD, ALASKA:
Section 1. Purpose. The purpose of this resolution is to authorize the issuance and sale
of not to exceed $3,000,000 of harbor improvement revenue bonds, to fix the form, covenants and
method of sale of said bonds, to provide for establishing the amount, maturities, interest rates,
redemption rights and other terms of said bonds and to fix the conditions under which additional
harbor improvement revenue bonds may be issued on a parity with the said bonds.
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Section 2. Definitions. As used in this resolution, unless a different meaning clearly
appears from the context:
Acquired Obligations" means and includes any ofthe following securities, if and to the extent
the same are at the time legal for investment offunds of the City: any noncallable bonds or other
noncallable obligations which as to principal and interest constitute direct obligations of, or are
unconditionally guaranteed by, the United States of America, including obligations of any federal
agency or corporation which has been or may hereafter be created pursuant to an act of Congress as
an agency or instrumentality of the United States ofAmerica to the extent unconditionally guaranteed
by the United States of America.
Annual Debt Service Requirement" means, with respect to any particular Fiscal Year and to
any specified bonds, an amount equal to (i) interest accruing during such Fiscal Year on such bonds,
except to the extent such interest is to be paid from deposits in the Debt Service Subaccount from
bond proceeds, (ii) the principal amount of such bonds due during such Fiscal Year for which no
sinking fund installments have been established, plus (Hi) the unsatisfied balance of any sinking fund
installment for such bonds due during such Fiscal Year.
Arbitrage and Tax Certificate" means the certificate executed and delivered by the City at
the time of issuance and delivery of the Bonds setting forth the City's expectations as to the use of
Bond proceeds.
Bond Account" means the Harbor Improvement Revenue Bond Account created by
Section 12 hereof.
Bond Register" means the registration books maintained by the Registrar containing the
names and addresses of the owners of the Bonds.
Bonds" means the City of Seward, Alaska, Harbor Improvement Revenue Bonds, 2000.
Bond Year" has the meaning given such term in the Arbitrage and Tax Certificate.
Charter" means the Home Rule Charter of the City, as the same may be amended from time
to time.
City" means the City of Seward, Alaska, a municipal corporation organized and existing
under the Charter and Constitution and laws of the State of Alaska.
Code" means the Internal Revenue Code of 1986, as amended, and all applicable regulations
thereunder.
Consulting Engineer" means an independent consulting engineer or engineering firm licensed
to practice in the State of Alaska, retained and appointed pursuant to Section 15(F).
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Council" means the general legislative authority of the City, as the same may be constituted
from time to time.
Debt ServiceSubaccount" means the Debt Service Subaccount created in the Bond Account
by Section 12 hereof.
Fiscal Year" means the 12-month period commencing on January 1 each year through and
including December 31 of that year.
Future Parity Bonds" means any harbor improvement revenue bonds, notes or other
obligations of the City, other than the Bonds, issued under a resolution wherein the City pledges that
the payments to be made out of the Pledged Revenues into the Bond Account and Reserve
Subaccount therein to pay and secure the payment of the principal of and interest on such revenue
bonds, notes or other obligations will be on a parity with the payments required by this resolution to
be made out of such Pledged Revenues into such Bond Account and Reserve Subaccount to pay and
secure the payment of the principal of and interest on the Bonds.
Government Obligations" means any of the following: (i) any bonds or other obligations
which, as to principal and interest, constitute direct obligations of, or are unconditionally guaranteed
by, the United States of America; (ii) bonds, debentures, or other evidences of indebtedness issued
or guaranteed by any agency or corporation which has been or may hereafter be created pursuant to
an act of Congress as an agency or instrumentality of the United States of America; (iii) bonds,
debentures, or other evidences of indebtedness issued or guaranteed by anyagency or corporation
which has been or may hereafter be created pursuant to an act of Congress as an agency or
instrumentality of the United States of America; (iv) obligations of financial institutions insured by
theFederal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation,
to the extent insured; and (v) bank certificates of deposit fully secured by obligations described in (i)
and (ii) hereof.
Loan Agreement" means the Loan Agreement between the City and the Alaska Municipal
BondBank Authority, dated as of the date of the Bonds.
Net Revenues" means, for any Fiscal Year or other period of time, all amounts received by
the City and deposited in the Small BoatHarbor Enterprise Fund and interest and profits derived from
the investment of moneys held in the Small Boat Harbor Enterprise Fund during such period less
Operating Expenses for such period.
Operating Expenses" means, for any Fiscal Year or other period of time, the expenses
incurred for operation, maintenance or repair of the Small Boat Harbor of a non-capital nature.
Operating Expenses shall not include any allowances for depreciation or amortization or any principal,
redemption price or purchase price of, or interest on, any obligations of the City incurred in
connection with and payable from Pledged Revenues or any fee or charge in lieu of City taxes.
Parity Bonds" means the Bonds and any Future Parity Bonds.
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Passenger Fees" means all passenger fees imposed by the City with respect to embarking or
debarking a vessel at any City Dock, as described in the Port and Harbor Tariff of the City.
Pledged Revenues" means Net Revenues and Passenger Fees and interest received and
profits derived from the investment of moneys obtained from moneys held in any fund solely to pay
or secure the payment of any Bonds issued underthis resolution.
Registered Owner" means the person named as the registered owner of a Bond in the Bond
Register.
Registrar" means the Finance Director of the City, or any successor that the Finance Director
may appoint.
Reserve Subaccount" means the Reserve Subaccount created in the Bond Account by
Section 12 hereof
Reserve Subaccount Requirement" means an amount equal to the least of (i) 10% of the
proceeds of sale of the Parity Bonds, (ii) 125% of the average Annual Debt Service Requirement for
all Parity Bonds, and (iii) the maximumAnnual Debt Service Requirement on all outstanding Parity
Bonds.
System" means the "E" Float, two fish cleaning stations and other capital improvements in
the City's Small Boat Harbor as the same may be acquired, constructed, added to, improved, replaced
or extended for as long as any Parity Bonds are outstanding.
Section 3. Authorization of Bonds and Purpose ofIssuance. The City shall issue and sell
an issue of revenue bonds designated "City of Seward, Alaska Harbor Improvement Revenue Bonds,
2000" (the "Bonds") in the aggregate principal amount of not to exceed $3,000,000. The proceeds
of the Bonds shall be used to pay the costs of certain additions, betterments and extensions of the
System consisting principally of reconstruction and installation ofa portion ofthe Small Boat Harbor
known as the "E" Float, fish cleaning stations in the Small Boat Harbor and other capitalprojects
within the Small Boat Harbor. These projects serve a public purpose of the City.
Section 4. Date. Maturities. Interest Rates and Other Details of the Bonds. The Bonds
shall be dated and mature on suchdates not later than 2025, and shall bear interest from their date
payable on such dates, and at such rates, not exceeding 7% per annum, as the Council or the City
Manager or Finance Director may fix and determine at or prior to the time of sale of the Bonds.
The Bonds shall be fully registered as to both principal and interest, shall be in the
denomination of$5,000 each, or any integral multiple thereof, andshall be numbered separately in
such manner and with any additional designation as the Registrar deems necessary for purposes of
identification.
Section 5. Place and Medium of Payment. Both principal of and interest on theBonds
shall be payable in lawful money of the United States of America. For so long as all outstanding
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Bonds are registered in the name of the Alaska Municipal BondBank Authority, payments of
principal and interest thereon shall be made as provided in the Loan Agreement. In the event that the
Bonds are no longer registered in the name of the Alaska Municipal BondBank Authority, interest
on the Bonds shall be paid by check mailed (or by wire transfer to a Registered Owner of Bonds in
aggregate principal amount of$l, 000, 000 or more who so requests) to the Registered Owners of the
Bonds at the addresses for such Registered Owners appearing on the Bond Register on the 15th day
of the month preceding the interest payment date. Principal of the Bonds shallbe payable upon
presentation and surrender of the Bonds by the Registered Owners at the principal office of the
Registrar.
Section 6. Registration.
A. Bond Register. The Bonds shall be issued only in registered form as to both principal
and interest. The Registrar shall keep, or cause to be kept, a bond register.
B. Registered Ownership. The City and the Registrar, each inits discretion, may deem
and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes, and
neitherthe City nor the Registrar shall be affected by any notice to the contrary. Payment of any such
Bond shall be made only as described in Section 5 hereof, but such registration may be transferred
as herein provided. All such payments made as described in Section 5 shall be valid and shall satisfY
and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid.
C. Transfer or Exchange. Bonds shall be transferred only upon the Bond Register kept
by the Registrar. Upon surrender for transfer or exchange of any Bond at the office of the Registrar,
with a written instrument of transfer or authorization for exchange in form and with guaranty of
signature satisfactory to the Registrar, duly executed by the registered owner or its duly authorized
attorney, the City shall execute and the Registrar shall deliver an equal aggregate principal amount
of Bonds of the same maturity of any authorized denominations, subject to such reasonable
regulations as the Registrar may prescribe and upon payment sufficient to reimburse it for any tax,
fee or other governmental charge required to be paid in connection with such transfer or exchange.
All Bonds surrendered for transfer or exchange shall be cancelled by the Registrar. The Registrar
shall not be required to transfer or exchange Bonds subject to redemption during the 15 days
preceding any principal or interest payment date or the date of mailing of notice of redemption of
such Bonds, or any Bond after such Bond has been called for redemption.
D. Registration Covenant. The City covenants that, until all Bonds have been
surrendered and cancelled, it will maintain a system for recording the ownership of each Bond that
complies with the provisions of Section 149 of the Code.
Section 7. Redemotion. The Bonds may be redeemed at the times not later than ten years
from their dates, for the redemption prices not exceeding 1 05% of the principal amount, and in such
manner, as the Councilor City Manager or Finance Director may fix and determine at or prior to the
time of sale of the Bonds.
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Notice of any intended redemption of Bonds shall be given not less than 45 nor more than 60
days prior to the date fixed for redemption by United States mail to registered owners of the Bonds
to be redeemed at their addresses as they appear on the Bond Register on the day the notice is mailed;
provided, however, that for so long as the Bonds are registered in the name of the Alaska Municipal
Bond Bank Authority, all notices shall be given only as provided in the Loan Agreement. The
requirements of this section shall be deemed to be complied with when notice is mailed as herein
provided, whether or not it is actually received by the Registered Owner.
All official notices of redemption shall be dated and shall state:
a) the redemption date;
b) the redemption price;
c) iffewer thanall outstanding Bonds are to be redeemed, the identification (and,
in the case of partial redemption, the respective principal amounts) of the Bonds to be
redeemed;
d) that on the redemption date the redemptionprice will become due and payable
upon each such bond or portion thereof called for redemption, and that interestthereon shall
cease to accrue from and after said date; and
e) the place where such Bonds are to be surrendered for payment of the redemption
price, which place of payment shall be the principal office of the Registrar.
Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds to be
redeemed shall, on the redemption date, become due and payable at the redemption price therein
specified, and from and after such date (unless the City shall default in the payment of the redemption
price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds
for redemption in accordance with said notice, such Bonds shall be paid by the Registrar at the
redemption price. Installments of interest due on or prior to the redemption date shall be payable as
herein provided for payment of interest. Upon surrender for any partialredemption of any Bond,
there shall be prepared for the Registered Owner a new Bond or Bonds of the same maturity in the
amount of the unpaid principal. All Bonds which have been redeemed shall be cancelled and
destroyed by the Registrar and shall not be reissued.
If any Bond shall be duly presented for payment and funds have not been duly provided by
the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid
principal thereof at the rate stated on such Bond until it is paid.
Section 8. Form of Bonds. The form ofthe Bonds shall be substantially as follows:
UNITED STATES OF AMERICA
CITY OF SEWARD, ALASKA
HARBOR IMPROVEMENT REVENUE BOND, 2000
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REGISTEREDOWNER:
PRINCIPAL AMOUNT:
The City of Seward, Alaska (the "City), a municipal corporation ofthe State of Alaska, hereby
acknowledges itself to owe and for value received promises to pay to the Registered Owner identified
above, or its registered assigns, from the sources stated herein, the Principal Amount indicated above
in the following installments on of each of the following years, and to pay, from the
sources stated herein, interest on such installments from the date hereof, payable on
20_ and semiannually thereafter on the first days of each and
of each year, at the rates per annum as follows:
Maturity
Date
Principal
Amount
Interest
Rate
For so long as this Bond is owned by the Alaska Municipal Bond Bank Authority (the "Authority),
payment of principal and interest shall bemade as provided in the Loan Agreement between the
Authority and the City. In the event that this Bond is no longer owned by the Authority, payment
of principal of and interest on this Bond will be made by check or draft mailed by first class mail to
the registered owner at the address appearing on the bond register of the City, provided that the final
installment of principal and interest on this Bond will be payable at the office of the City Finance
Director (the "Registrar") upon surrender of this Bond. Interest shall be computed on the basis of
a 360-day year composed of twelve 30-day months. Both principal of and interest on this bond are
payable in lawful money of the United States of America solely out of the special fund of the City
known as the "Harbor Improvement Revenue Bond Account" created by Section 12 of Resolution
No. 2000- .
This bond is one of an issue of bonds (the "Bonds") of like date and tenor except as to
number, rate of interest, and date of maturity, aggregating the principal sum of $ and
is issued pursuant to the Constitution and statutes of the State of Alaska and the Charter and duly
adopted resolutions and ordinances of the City, including Resolution No, 2000-_ (the "Bond
Resolution"). The definitions contained in the Bond Resolution shall apply to capitalized terms
contained herein. The Bonds are being issued for the purpose of undertaking certain capital
improvements to the City's Small Boat Harbor.
Bonds maturing on or after ,
20---> may be called for redemption at the
option of the City on any date on and after in whole on any date, or in part in
increments of$5,000 with maturities to beselected by the City and by lot within a maturity, at a price
of par plus accrued interest to the date of redemption.
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Notice of any such intended redemption shall be given as provided in the Loan Agreement.
From and after the date fixed for redemption, interest on any Bonds so called for redemption shall
cease to accrue, provided funds for such redemption are on deposit in the Bond Account.
The City does hereby pledge and bind itself to set aside out of Pledged Revenues of the City
and to pay into the Bond Account the various amounts required by the Bond Resolution to be paid
into and maintained in said Account all within the times provided in the Bond Resolution.
The pledge of Pledged Revenues contained herein and in the BondResolution may be
discharged by making provision, at any time, for the payment of the principal of and interest on this
Bond in the manner provided in the Bond Resolution.
The pledge of amounts to be paid into the Bond Account is hereby declared to be a lien and
charge upon the Pledged Revenues superior to all other charges of any kind or nature and equal in
rank to the lien and charge thereon for amounts pledged to the payment of any Future Parity Bonds
hereafter issued.
The City has further bound itself to maintain the System in good condition and repair, to
operate the same in an efficient manner and at a reasonable cost, and to establish, maintain and collect
Passenger Fees for as long as any Parity Bonds are outstanding that will provide Pledged Revenues
in an amount equal to at least the amount of the Annual Debt Service Requirement for such year on
all outstanding Parity Bonds.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Alaska and the Charter and resolutions of the City to be done precedent to
and in the issuance of this bond have happened, been done and performed.
IN WITNESS WHEREOF, the City of Seward, Alaska, has caused thisbond to be executed
with the manual or facsimile signature of its Mayor and to be countersigned with the manual or
facsimile signature of its Clerk and the official seal of the City to be impressed or imprinted hereon,
as of this _ day of ,2000.
CITY OF SEWARD, ALASKA
Mayor
COUNTERSIGNED:
City Clerk
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Form of Assignment)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
please insert Social Security or taxpayer identification number of transferee)
please print or typewrite name and address, including zip code of Transferee)
the within bond and does hereby irrevocably constitute and appoint of
or its successor, as Registrar, to transfer said bond on the books
kept for registration thereof with full power of substitution in the premises.
DATED:
NOTE: The signature on this Assignment must
correspond with the name of the registered owner as
it appears upon the face of the within bond in every
particular, without alteration or enlargement or any
change whatever.
SIGNATURE GUARANTEED:
Section 9. Execution of Bonds. The Bonds shall be executed on behalf of the City with
the manual or facsimile signature of the Mayor ofthe City, countersigned with the manual or facsimile
signature of the Clerk. The official seal of the City shall be impressed or imprinted on each Bond.
The execution of a Bond on behalf of the City by persons that at the time of the execution are duly
authorized to hold the proper offices shall be valid and sufficient for all purposes, although any such
person shall have ceased to hold office at the time of issuance and delivery of the Bond or shall not
have held office on the date of the Bond.
Section 10. Mutilated. Destroved. Stolen or Lost Bonds. Upon surrender to the Registrar
of a mutilated Bond, the City shall execute and deliver a new Bond of like maturity and principal
amount. Upon filing with the Registrar of evidence satisfactory to the City that a Bond has been
destroyed, stolen or lost and of the ownership thereof, and upon furnishing the City with indemnity
satisfactory to it, the City shall execute and deliver a new Bond ofIike maturity and principal amount.
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The person requesting the authentication and delivery of a new Bond pursuant to this section shall
comply with such other reasonable regulations as the City may prescribe and pay such expenses as
the City may incur in connection therewith. Any Bonds issued pursuant to this section in substitution
for Bonds alleged to be destroyed, stolen or lost shall constitute original additional contractual
obligations on the part of the City, whether or not the Bonds alleged to be destroyed, stolen or lost
be at any time enforceable by anyone, and shall be equally and proportionately secured with all other
Bonds issued hereunder.
Section 11. Prioritv of Use of Pledged Revenues. Pledged Revenues are hereby pledged
to and shall be used only for the following purposes and in the following order of priority:
First, to make all payments, including sinking fund payments, required to be made into the
Debt Service Subaccount for the payment of the principal of and interest on Parity Bonds;
Second, to make all payments required to be made into the Reserve Subaccount;
Third, to make all payments, includingsinking fund payments, required to be made into a
subordinate lien debt service account for the payment of the principal of and interest on any
subordinate lien bonds;
Fourth, to make all payments required to be made into a reserve account for subordinatelien
bonds;
Fifth, to make all required payments of charges or fees in lieu of City taxes; and
Sixth, to pay the costs of additions, betterments, improvements and repairs to and extensions
and replacements of the City Small Boat Harbor to purchase or redeem harbor improvement revenue
bonds or notes of the City, or for any other proper purpose in connection with the operation of the
City Small Boat Harbor.
Section 12. Harbor Improvement Revenue Bond Account and Subaccounts Therein. There
is hereby created a special fund of the City known as the "Harbor Improvement Revenue Bond
Account" (the "Bond Account"), which fund is a trust fund to be drawn upon for the sole purpose
of paying the principal of and interest and premium, if any, on all Parity Bonds. The Bond Account
consists of two sub accounts, the Debt Service Subaccount and the Reserve Subaccount. Amounts
pledged to be paid into the Bond Account are hereby declared to be a lien and charge upon Pledged
Revenues superior to all other charges of any kind or nature and equal in rank to the charge thereon
to pay and secure the payment of the principal of and interest on all Parity Bonds.
From and after the time of issuance and delivery of the Bonds and as long thereafter as any
of the same remain outf>tanding, the City hereby irrevocably obligates and binds itself to set aside and
pay into the Debt Service Subaccount out of Pledged Revenues or out of any other moneys legally
available therefor on or before the 20th day of each month the following:
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A. Such amounts, in approximately equal monthly installments, as will be sufficient to
accumulatethe amount required to pay theinterest scheduled to become due on Parity Bonds on the
next interest payment date; and
B. Such amounts, in approximately equal monthly installments, as will be sufficient to
accumulate (i) the principal amount of all Parity Bonds due for which no sinking fund installments
have been established, plus (ii) the unsatisfied balance of any sinking fundinstallment for Parity
Bonds, in each case during the next 12 months.
Moneys in the Debt Service Subaccount may be held in cash or invested in Government
Obligations which investments mature prior to the time such money is required for the payment of
the principal of or interest on the Parity Bonds. All interest earned on and profits derived from such
investments shall remain in and become a part of the Debt Service Subaccount.
Section 13. Reserve Subaccount. The City hereby covenants and agrees that it will at the
time of issuance of the Bonds cause amounts to be paid into the Reserve Subaccount such that the
total amount in the Reserve Subaccount will be equal to the Reserve Subaccount Requirement.
The City further covenants and agrees that it will set aside and pay into the Reserve
Subaccount amounts from Pledged Revenues, commencing with the first month following the closing
and delivery of the Bonds, so that the amount on deposit in the Reserve Subaccount will at all times
be at least equal to the Reserve Subaccount Requirement.
The City further covenants and agrees that in the event it issues any Future Parity Bonds
hereafter it will provide in each resolution authorizing the same that at the time of issuance of such
Future Parity Bonds payments will be made into the Reserve Subaccount such that the total amount
of such payments together with the money already in the Reserve Subaccount will be equal to the
Reserve Subaccount Requirement.
The City further covenants and agrees that it will at all times maintain therein an amount at
least equal to the Reserve Subaccount Requirement until there is a sufficient amount in the Bond
Account and Reserve Subaccount to pay the principal of, premium, if any, and interest on all
outstanding Parity Bonds, at which time the money in the Reserve Subaccount may be used to pay
such principal, premium, if any, and interest; provided, however, that moneys in the Reserve
Subaccount may be withdrawn, or set aside in a special account in the Bond Account pursuant to
Section 19 of this resolution, to pay (with or without other available funds) the principal, premium,
if any, and interest on all of the outstanding Parity Bonds of any single issue or series payable out of
the Bond Account, so long as the moneys remaining on deposit in the Reserve Subaccount are at least
equal to the Reserve Subaccount Requirement on all of the remaining outstanding Parity Bonds. The
City may, from time to time, transfer from the Reserve Subaccount to the Debt Service Subaccount
amounts in excess of the Reserve Subaccount Requirement.
In the event there shall be a deficiency in the Debt Service Subaccount for meeting maturing
installments of either principal of or interest on Parity Bonds, such deficiency shall be made up from
the Reserve Subaccount by the withdrawal of cash therefrom. Any deficiency created in the Reserve
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Subaccount by reason of any such withdrawal shall then be made up from Pledged Revenues first
available therefor after making necessary provision for the required payments into the Debt Service
Subaccount. Investments in the Reserve Subaccount shallbe valued at amortized cost except that
in the event of a deficiency in the Reserve Subaccount caused by the withdrawal or transfer of moneys
therefrom the amount of such deficiency shall be determined by valuing allinvestments in the Reserve
Subaccount at the then market value.
All money in the Reserve Subaccount may be kept in cash or invested in Government
Obligations. Such investments shall mature not later than the last maturity of Parity Bonds
outstanding at the time oftheir purchase. Interest on any such investments and/or any profits realized
from the sale thereof shall be deposited in and become a part of the Debt Service Subaccount.
Section 14. Investment of Certain Accounts. Moneys held in the Bond Account and in the
Reserve Subaccount shall be invested and reinvested to the fullest extent practicable in Government
Obligations which mature not later than at such times as shallbe necessary to provide moneys when
needed for payments to bemade from such Accounts, and in the case of the Reserve Subaccount not
later than fifteen years from the date of such investment.
Nothing in this resolution shall prevent any Government Obligations from being issued or held
in book-entry form on the books of the Department ofthe Treasury of the United States.
Obligations purchased as an investment of moneys in any Account or Subaccount created
under this resolution shall bedeemed at all times to be a part of such Account or Subaccount and any
profit realized from the liquidation of such investment shallbe credited to such Account or
Subaccount and any loss resulting from the liquidation of such investment shall be charged to the
respective Account or Subaccount.
In computing the amount in any Account or Subaccount created under this resolution for any
purpose provided in this resolution, obligations purchased as an investment of moneys therein shall
be valued at cost plus interest accrued and unpaid at the date of computation.
Section 15. Specific Covenants. The City hereby covenants with the owners of each of the
Parity Bonds for so long as any of the same remain outstanding as follows:
A. The City will establish, maintain and collect Passenger Fees and Net Revenues in each
Fiscal Year that will provide Pledged Revenues in an amount equal to the amount of the AnnualDebt
Service Requirement for such year on all outstanding Parity Bonds.
B. The City will at all times maintain, preserve and keep the System and every part and
parcel thereofin good repair, working order and condition; will from time to time make or cause to
be madeall necessary and proper repairs, renewals and replacements thereto so that the business
carried on in connection therewith may be properly and advantageously conducted; and will at all
times operate the System in an efficient manner and at a reasonable cost.
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C. The City will at all times carry all-risk insurance and such other forms ofinsurance on
such ofthe buildings, equipment, property and facilities ofthe System as are ordinarily insured in such
amounts and with such deductibles as under good business practice are ordinarily carried on such
buildings, equipment, property and facilities but such insurance shall in all events be in an amount at
least equal to the lessor of (i) 80% of the estimated replacement cost of the insurable parts of the
System or (ii) the aggregate principal amount of the Parity Bonds then outstanding, in each case such
all-risk insurance shall include, but not be limited to, hazards such as fire, water, lightning, tornado,
windstorm, hail, explosion, riot, civil commotion, vandalism and malicious mischief, aircraft and
vehicles, excluding flood, tidal wave, wavewash, subsidence, or earthquake insurance. In addition
to the above insurance, the City shall also carry public liability insurance and such other types of
insurance as are usually carried by municipal corporations operating like properties. All such
insurance shall be carried with responsible insurers and the policies shallbe payable to the City.
D. The City will keep and maintain proper books and accounts with respect to the
operation ofthe System in such manner as prescribed by any authorities having jurisdiction over the
System; will cause its books and accounts to be audited annually be a certified public accountant not
later than 180 days following the end of each Fiscal Year, copies of which audits shall, upon request,
be furnished to the owners of the Parity Bonds. Said audit shall show whether or not the City has
in all respects performed and complied with the covenants set forth in this resolution, including the
payments into the Debt Service Subaccount and Reserve Subaccount provided for herein.
E. All employees and agents of the City collecting or handling money of the City in
connection with the management and operation of the System shall be bonded in an amount
commensurate with thefunds they handle and in an amount sufficient to protect the City from loss.
F. The City will not sell or otherwise dispose of the System unless contemporaneously
with such sale or disposal there shall be paid from the Bond Account a sum sufficient to pay the
principal of andinterest on all Parity Bonds then outstanding to the date or dates on which they first
may be redeemed, nor will it sell or otherwise dispose of any part ofthe System which is material to
the production of Pledged Revenues unless, in the opinion of the Consulting Engineer, the remaining
System will generate Pledged Revenues sufficient to enable the City to comply with the requirements
of this resolution and each resolution authorizing the issuance of Future Parity Bonds.
G. The City will not at any time create or permit to accrue or exist any lien or other
encumbrance or indebtedness upon the System or the Pledged Revenues, or any part thereof, or upon
any Account or Subaccount created hereunder, prior or superior to the lien thereon for the payment
of the Parity Bonds, and will pay and discharge, or cause to be paid and discharged, any and all lawful
claims for labor, materials or supplies which, if unpaid, might become a lien or charge upon the
Pledged Revenue, or any part thereof, or upon any Account or Subaccount in the hands of the City,
prior or superior to the lien of the Parity Bonds, or which might impair the security of the Parity
Bonds.
H. The City will not expend any of the Pledged Revenues or the proceeds of any
indebtedness payable from Pledged Revenues for any additions, betterments or improvements to the
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System which are not economically sound and which will not properly and advantageously contribute
to the conduct of the business of the System in an efficient and economical manner.
I. At any and all times the City shall, as far as it may be authorized by law, make, do,
execute, acknowledge, and deliver all further resolutions, acts, deeds, conveyances, assignments,
transfers, and assurances as may be necessary or desirable for better assuring, conveying, granting,
pledging, assigning, and confirming all and singular the rights, revenues, and other funds, moneys,
and securities pledged or assigned under the resolution, or intended so to be, or which the City may
become bound to pledge or assign.
1. The City is duly authorized under all applicable laws to create andissue the Bonds and
to adopt this resolution and to pledge the Pledged Revenues and other funds, moneys, and securities
purported to be pledged by thisresolution in the manner and to the extent provided in this resolution.
The Pledged Revenues and other funds, moneys, and securities so pledged are and will be free and
clear of any pledge, lien, charge, or encumbrance thereon or with respect thereto prior to, or of equal
rank with, the pledge and assignment created by this resolution, and all corporate or other action on
the part of the City to that end has been and will be duly and validly taken. The Bonds and the
provisions of this resolution are and will be the valid and legally enforceable obligations of the City
in accordance with their terms and the terms of this resolution. The City shall at all times, to the
extent permitted by law, defend, preserve, and protect the pledge of the Pledged Revenues and the
other funds, moneys, and securities pledged under this resolution and all the rights of the Bondholders
under this resolution against all claims and demands of all persons whomsoever.
K. The City has, and will have so long as any Parity Bonds are outstanding, good right,
and lawful power to operate, maintain, and repair the System and to fix and collect rates, fees, and
other charges related to the System.
L. The City shall do and perform or cause to be done and performed all acts and things
required to be done or performed by or on behalf of the City under the laws of the State of Alaska
and this resolution.
Section 16. Parity Bonds. In all events the City may issue Parity Bonds up to $300,000 in
principal amount to complete the original construction of the System. The City hereby covenants
with the owners of each of the Parity Bonds for so long as the same remain outstanding that it will
not issue any bonds having a greater or equal lien on Pledged Revenues to pay and secure the
payment of the principal of and interest on such bonds than the lien created thereon to pay and secure
the payment ofthe principal of and interest on the Parity Bonds except that the City reserves the right
to issue future Parity Bonds as follows:
A. For the purpose of acquiring, constructing and installing additions, betterments and
improvements to and extensions of, acquiring necessary property and equipment for, or making
necessary replacements or repairs to the System, for funding interest and reserves and for the purpose
of refunding at or prior to their redemption or maturity any outstanding revenue bonds or notes of
the City that have a lien on Pledged Revenues for the payment of the principal thereof and interest
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thereon junior and inferior to the lien on Pledged Revenues for the payment of the principal of and
interest on the Bonds and upon compliance with the following conditions:
1) The City will covenant in each resolution authorizing the issuance of Future Parity
Bonds that it will pay into and maintain in the Reserve Subaccount the amounts required by
Section 13 of this resolution to be paid into and maintained in said Subaccount in the event
Future Parity Bonds are issued. The City also will covenant in each such resolutionthat it
will establish, maintain and collect Passenger Fees sufficient to meet the same requirements
as are contained in subsection A of Section 15 of this resolution;
2) At the time of the issuance of such Future Parity Bonds the City shall have on file
a certificate showing that the "annual income available for revenue bond debt service," as
hereinafter set forth, shall be at least equal to 1.20 times the maximum Annual Debt Service
Requirement on all outstanding Parity Bonds and the Future Parity Bonds being issued.
Such "annual income available for revenue bond debt service" shall be determined by
adding the following:
i) The historical Pledged Revenues for any 12 consecutive months out of
the 24 months immediately preceding the month of delivery of the Future Parity
Bonds being issued.
ii) The estimated annual Pledged Revenues to be derived from the
operation of any additions or improvements to or extensions of the System under
construction but not completed at the time of such certificate and not being paid for
out of the proceeds of sale of such Future Parity Bonds being issued, and which
Pledged Revenues are not otherwise included in any of the sources of Pledged
Revenues described in this subsection (2).
iii) The estimated Pledged Revenues to be derived from the operation of any
additions and improvements to or extensions of the System being paid for out of the
proceeds of sale of such Future Parity Bonds being issued.
The computation of "annual income available for revenue bond debt service" shall be
adjusted to reflect the Passenger Fees effective on the date of such certificate or approved by
the regulatory authority with jurisdiction to become effective thereafter if there has been any
change in such rates and charges put into effect or so approved during or after such 12-
consecutive-month base period.
Notwithstanding the preceding provisions of this subparagraph (2), the certificate
referred to above shall not be required if one-half of Pledged Revenues, verified from certain
financial statements of the City, for a period of any consecutive two out of the three Fiscal
Years immediately preceding the issuance and delivery of such Future Parity Bonds, was
equal to at least 1.20 times the maximum Annual Debt Service required to be paid in any
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Fiscal Year succeeding the date of issuance of such Future Parity Bonds on all outstanding
Parity Bonds and the Future Parity Bonds being issued.
Further, notwithstanding the preceding provisions of this subparagraph (2), Future
Parity Bonds may be issued if the City shall have on file a certificate stating that the Pledged
Revenues for the next full Fiscal Year after the initial operation of any additions or
improvements to or extensions of the System being paid for out of the proceeds of the Future
Parity Bonds will be at least equal to 1.40 times the maximum Annual Debt Service
Requirement on all outstanding Parity Bonds and the Future Parity Bonds being issued. That
at the time of the issuance of such Future Parity Bonds there is not deficiency in the Debt
Service Subaccount or Reserve Subaccount.
B. For the purpose of refunding at or prior to their redemption or maturity any part or
all of the then outstanding Parity Bonds if the issuance of such refunding Future Parity Bonds does
not require a greater amount to be paid out of Pledged Revenues for principal and interest over the
life of such refunding Future Parity Bonds being refunded, and if the conditions required in
subsections (a)(1) and (a)(3) of this section are complied with.
Proceeds of Parity Bonds to be used to fund interest or reserves shallbe deposited in the Debt
Service Subaccount or the Reserve Subaccount, as the case may be.
Section 17. Subordinate Lien Bonds. Nothing contained herein shall prevent the City from
issuing revenue bonds or notes which are a charge upon Pledged Revenues subordinate or inferior
to the payments required herein to be made therefrom into the Debt Service Subaccount and Reserve
Subaccount, or from issuing harbor improvement revenue bonds to refund maturing bonds for the
payment of which moneys are not otherwise available.
Section 18. Covenants Regarding Arbitrage and Private Activity Bonds. The City hereby
covenants that it will not make any use of the proceeds of sale of the Bonds or any other funds of the
City which may be deemed to be proceeds of such Bonds pursuant to Section 148 ofthe Code which
will cause the Bonds to be "arbitrage bonds" within the meaning of said section and the regulations
applicable thereunder. The City will comply with the requirements of Section 148 of the Code (or
any successor provision thereof applicable to the Bonds) and the applicable regulations thereunder
throughout the term of the Bonds.
The City further covenants that it will not take any action or permit any action to be taken that
would cause the Bonds to constitute "private activity bonds" under Section 141 of the Code. The
City will take any action determined by the City, after consultation with its bond counsel, to be legal
and practicable and required to be taken by the City under future federal laws or regulations in order
to maintain the exemption of the interest on the Bonds from federal income taxation.
Section 19. Defeasance. In the event that money and/or Acquired Obligations maturing at
such time or times and bearing interest to be earned thereon in amounts sufficient to redeem and retire
any or all of the Bonds in accordance with their terms are set aside in a special trust account in the
Bond Account to effect such redemption or retirement and such money and the principal of and
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interest on such obligations are irrevocably set aside and pledged for such purpose, then no further
payments need to be made into the Bond Account for the payment ofthe principal of and interest on
such Bonds, and such Bonds shall cease to be entitled to any lien, benefit or security of this resolution
except the right to receive thefunds so set asideand pledged, and such Bonds shall be deemed not
to be outstanding hereunder or under any other resolution authorizing the issuance of Future Parity
Bonds.
Section 20. General Authorization to Municioal Officials. After the sale of the Bonds, the
proper officials of the City are hereby authorized and directed to do everything necessary to complete
such sale and to deliver the Bonds to the purchaser thereof upon payment of the purchase price
thereof
Section 21. Amendatory and Supolemental Resolutions.
A. The Council from time to time and at any time may pass a resolution or resolutions
supplemental hereof, which resolution or resolutions thereafter shall become a part of this resolution,
for anyone or more of the following purposes:
1) To add to the covenants and agreements ofthe City contained in this resolution,
other covenants and agreements thereafter to be observed, or to surrender any right or power
herein reserved to or conferred upon the City.
2) To make such provisions for the purpose of curing any ambiguities or of curing,
correcting or supplementing any defective provision contained in this resolution or in regard
to matters or questions arising under this resolution as the Council may deem necessary or
desirable and not inconsistent with this resolution and which shall not adversely affect the
interest of the owners of Parity Bonds.
Any such supplemental resolution of the Council may be adopted without the consent
of the owner of any Parity Bonds at any time outstanding, notwithstanding any of the
provisions of subsection B of this section.
B. With the consent of the owners of not less than 60% in aggregate principal amount
of Parity Bonds at the time outstanding, the Council may pass a resolution or resolutions
supplemental hereto for the purpose of adding any provisions to or changing in any manner or
eliminating any of the provisions of this resolution or of any supplemental resolution; provided,
however, that no such supplemental resolution shall:
1) Extend the fixed maturity of any of the Parity Bonds, or reduce the rate of
interest thereon, or reduce the amount or change the date of any sinking fund installment
requirement, or extend the time of payments of interest from their due date, or reduce the
amount of the principal thereof, or reduce any premium payable on the redemption thereof,
without the consent of the owner of each Parity Bond so affected; or
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2) Reduce the aforesaid percentage of owners ofParity Bonds required to approve
any such supplemental resolution without the consent ofthe owners of all ofthe Parity Bonds
then outstanding; or
3) Remove the pledge and lien of this resolution on Pledged Revenues.
It shall not be necessary for the consent of the owners of Parity Bonds under this
subsection B to approve the particular form of any proposed supplemental resolution, but it
shall be sufficient if such consent shall approve the substance thereof.
C. Upon the passage of any supplemental resolution pursuant to the provisions of this
section, this resolution shallbe deemed to be modified and amended in accordance therewith, and the
respective rights, duties and obligations of the City under thisresolution and all owners of Parity
Bonds outstanding hereunder shall thereafter be determined, exercised and enforcedthereunder,
subject in all respects to such modification and amendment, and all the terms and conditions of any
such supplemental resolution shallbedeemed to be part of the terms and conditions of this resolution
for any and all purposes.
D. Parity Bonds executed and delivered after the execution of any supplemental
resolution adopted pursuant to the provisions of this section may bear a notation as to any matter
provided for in such supplemental resolution, and if such supplemental resolution shall so provide,
new Parity Bonds so modified as to conform, in the opinion of the Council, to any modification of
this resolution contained in any such supplemental resolution, may be prepared by the City and
delivered without cost to the owners of Parity Bonds then outstanding, upon surrender for
cancellation of such Parity Bonds in equal aggregate principal amounts.
Section 22. Disoosition of the Proceeds of Sale of the Bonds. The proceeds received from
the sale of the Bonds (exclusive of accrued interest which shall be paid into the Debt Service
Subaccount) shall be deposited into the fund of the City designated by the Finance Director and shall
be used to pay all costs allocable to the issuance of the Bonds and to undertake improvements
authorized by Section 3 of this resolution.
Section 23. Loan Agreement and Continuing Disclosure, The City Manager and Finance
Director are each authorized to enter into a Loan Agreement with the Alaska Municipal Bond Bank
Authority providing for and relating to the sale of the Bonds to the Alaska Municipal Bond Bank
Authority, and a Continuing Disclosure Certificate, and the City Manager and Finance Director are
authorized to cause the same to be executed and delivered on behalf of the City.
Section 24. Severability. If any one or more of the covenants or agreements provided in
this resolution to be performed on the part of the City shall be declared by any court of competent
jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements shall
be null and void and shall be deemed separable from the remaining covenants and agreements in this
resolution and shall in no way affect the validity of the other provisions of this resolution or of the
Bonds.
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Section 25. Effective Date. This resolution shall become effective immediately provided
that no Parity Bonds shall be issued underthis resolution until 30 days from the date hereof
PASSED AND APPROVED by the City Council ofthe City of Seward, Alaska, this 11 day
of September, 2000.
THE CITY OF SEWARD, ALASKA
4, ,
Edgar Blatchford, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Brossow, Calhoon, King, Orr, Shafer, Blatchford
Clark
None
None
ATTEST:
Patrick Reilly
City Clerk
City Seal)
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SEAL . -e: Ie;
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n....Ch. "IV.. /IV~ \~"., ~
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Pat\clerkc\Current Work\COUNCIL\Resoiutions\OO.094a.wpd Page 19
40
Sponsored by: Administration
CITY OF SEWARD, ALASKA
RESOLUTION 2006-128
A RESOLUTION AUTHORIZING THE CITY OF SEWARD TO ISSUE HARBOR
IMPROVEMENT REVENUE REFUNDING BONDS, 2007 IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $2,650,000 TO REFUND CERTAIN OUTSTANDING HARBOR
IMPROVEMENT BONDS OF THE CITY, FIXING CERTAIN DETAILS OF SUCH BONDS
AND AUTHORIZING THEIR SALE AND PROVIDING FOR RELATED MATTERS.
WHEREAS, the City of Seward, Alaska (the "City") is a home rule city and under Section
11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law
or the charter of the City, and it has been determined that the matters set forth in this resolution are
not prohibited by law or the charter; and
WHEREAS, there is now outstanding the principal amount of $2,510,000 of Harbor
Improvement Revenue Bonds, 2000 of the City maturing on or after December 1, 2006 (the "2000
Bonds") issued under Resolution No. 2000-094 of the City; and
WHEREAS, the council finds that it is in the best interest of the City to provide for the
refunding, including the payment of principal of and interest on, those maturities of the 2000 Bonds
the "Refunded Bonds") whose refunding the City Manager or City Finance Director determines will
produce the debt service savings specified in this resolution, by the issuance of general obligation
refunding bonds in the aggregate principal amount of not to exceed $2,650,000 (the "Bonds"); and
WHEREAS, Section 11.2(a) of the home rule charter of the City provides that the City may
issue refunding bonds without ratification of the voters; and
WHEREAS, the Council finds that it is necessary and appropriate to delegate to each of the
City Manager and City Finance Director authority to determine the maturity amounts, interest rates
and other details of the Bonds, and to determine other matters pertaining to the Bonds that are not
provided for in this resolution; and
WHEREAS, the Alaska Municipal BondBank and the City intend to enter into an
Amendatory Loan Agreement, which amends the Loan Agreement dated as of December 1, 2000
between the Alaska Municipal Bond Bank and the City to provide for the refunding of the Refunded
Bonds through their exchange for refunding bonds to be issued by the City, and related matters.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. Definitions. The following terms shall have the following meanings in this
resolution:
A) "Amendatory Loan Agreement" means the Amendatory Loan Agreement between the
S:\RESOLUTIONS\2006\06-128 harbor Refunding Res.doc Page 1 of 10
41
City and the BondBank, amending the Loan Agreement to provide for the refunding of the Refunded
Bonds through their exchange for the Bonds, and related matters.
B) "Bond" or "Bonds" means any of the "Harbor Improvement Revenue Refunding
Bonds, 2007" of the City of Seward, the issuance and sale of which are authorized herein.
J
C) "Bond Bank" means the Alaska Municipal BondBank, a public corporation of the
State of Alaska.
D) "BondBank Bonds" means the General Obligation Refunding Bonds, 2007 Series
One of the Bond Bank.
E) "Bond Register" means the registration books maintained by the Registrar, which
include the names and addresses of the Registered Owners of the Bonds or their nominees.
F) "City" means the City of Seward, a municipal corporation of the State of Alaska,
organized as a home rule city under Title 29 of the Alaska Statutes.
G) "City Finance Director" means the Finance Director of the City.
H) "Code" means the Internal Revenue Code of 1986, as amended from time to time,
together with all regulations applicable thereto.
I) "Council" means the Council of the City of Seward, as the general legislative
authority of the City of Seward, as the same shall be duly and regularly constituted from time to time. .....
J) "Loan Agreement" means the Loan Agreement between the City and the Bond Bank
dated as of December 1, 2000, as amended by the Amendatory Loan Agreement.
K) "2000 Bonds" means the $2,510,000 of Harbor Improvement Revenue Bonds, 2000 of
the City maturing on or after December 1, 2006.
L) "RefundedBonds" means the maturities of the 2000 Bonds whose refunding is
approved by the City Manager or City Finance Director underSection 13.
M) "Registered Owner" means the person named as the registered owner of a Bond in the
Bond Register.
N) "Registrar" means the City Finance Director.
0) "Resolution" means this Resolution of the City.
Section 2. Authorization of Bonds and Purpose of Issuance. For the purpose of effecting the
refunding by exchange of the Refunded Bonds in the manner set forth hereinafter and in the .~
Amendatory Loan Agreement, the City hereby authorizes and determines to issue and sell the Bonds ....J
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42
in the aggregate principal amount of not to exceed $2,650,000.
Section 3. Obligation of Bonds. The Pledged Revenues as defined in Resolution 2000-094
are hereby pledged to the payment of the principal of and interest on the Bonds as the same become
due and payable.
Section 4. Designation. Maturities. Interest Rates. and Other Details of Bonds. The Bonds
shall be designated "City of Seward, Alaska, Harbor Improvement Revenue Refunding Bonds,
2007." The Bonds shall be in the denomination of $5,000 or any integral multiple thereof, shall be
numbered separately in the manner and with such additional designation as the Registrar deems
necessary for purposes of identification, and may have endorsed thereon such legends or text as may
be necessary or appropriate to conform to the rules and regulations of any governmental authority or
any usage or requirement of law with respect thereto.
A portion of the principal of theBonds shall mature annually commencing on or after [April
1,200_l and continuing no later than [20_l The Bondsshall bear interest from their date, payable
commencing on a date on or after [October 1, 200_l, and semi-annually thereafter in each year.
Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months.
The dated date, the principal and interest payment dates, the aggregate principal amount, the
principal amount of each maturity, and the interest rates on the Bonds shall be determined at the time
of execution of the Amendatory Loan Agreement under Section 17.
Section 5. Redemption. The Bonds may be redeemed as provided in the Loan Agreement.
Section 6. Form of Bond. Each Bond shall be in substantially the following form, with such
variations, omissions and insertions as may be required or permitted by this Resolution:
UNITED STATES OF AMERICA
STATE OF ALASKA
CITY OF SEWARD
A Municipal Corporation of the State of Alaska)
NO.
HARBOR IMPROVEMENT REVENUE REFUNDING BOND, 2007
REGISTERED OWNER:
PRINCIPAL AMOUNT:
The City of Seward (the "City"), a municipal corporation of the state of Alaska, hereby
acknowledges itself to owe and for value received promises to pay to the Registered Owner
identified above, or its registered assigns, the Principal Amount indicated above in the following
S:\RESOLUTIONS\2006\06-128 harbor Refunding Res.doc Page 3 of 10
43
installments on r 1] of each of the following years, and to pay interest on such
installments from the date hereof, payable on [_ 1, 20_] and semiannually thereafter on the
1st days of _ and _ of each year, at the rates per annum as follows:j
Year
Principal
Amount
Interest
Rate
For so long as this Bond is owned by the Alaska Municipal Bond Bank (the "BondBank"),
payment of principal and interest shall be made as provided in the Loan Agreement between the
Bond Bank and the City, dated as of December 1, 2000, as amended by the Amendatory Loan
Agreement dated ,200_ (the "Loan Agreement"). In the event that thisBond is no longer
owned by the Bond Bank, installments of principal and interest on this Bond shall be paid by check
or draft mailed by first class mall to the Registered Owner as of the close of business on the fifteenth
day of the month preceding each installment payment date; provided that the final installment of
principal and interest on this Bond shall be payable upon presentation and surrender of this Bond by
the Registered Owner at the office of the Registrar. Interest will be computed on thebasis of a 360-
day year consisting of twelve 30-day months. Both principal of and interest on this Bond are payable
in lawful money of the United States of America which, on the respective dates of payment thereof,
shall be legal tender for the payment of public and private debts.
ThisBond is one of the Harbor Improvement Revenue Refunding Bonds, 2007 of the City of
Seward, Alaska, of like tenor and effect except as to interest rate, serial number and maturity,
aggregating $ in principal amount, and constituting Bonds authorized for the
purpose of refunding certain general obligation bonds issued by the City, and is issued under
Resolution 2006- of the City entitled:
A RESOLUTION AUTHORIZING THE CITY OF SEWARD TO ISSUE HARBOR
IMPROVEMENT REVENUE REFUNDING BONDS, 2007 IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $ TO REFUND CERTAIN
OUTSTANDING HARBOR IMPROVEMENT BONDS OF THE CITY, FIXING
CERTAIN DETAILS OF SUCH BONDS AND AUTHORIZING THEIR SALE
AND PROVIDING FOR RELATED MATTERS
the "Resolution").
ThisBond maturing on or after 1, _, may be called for redemption by the City
on any date on and after 1, _ as provided in the Loan Agreement.
ThisBond is transferable as provided in the Resolution, (i) only upon the bond register of the
City, and (ii) upon surrender of this Bond together with a written instrument of transfer duly
executed by the registered owner or the duly authorized attorney of the registered owner, and
j.:thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and maturity
S:\RESOLUTIONS\2006\06-128 harbor Refunding Res.doc Page 4 of 10
44
shall be issued to the transferee in exchange therefor as provided in the Resolution and upon the
payment of charges, if any, as therein prescribed. The City may treat and consider the person in
whose name this Bond is registered as the absolute owner hereof for the purpose of receiving
payment of, or on account of, the principal or redemption price, if any, hereof and interest due hereon
and for all other purposes whatsoever.
This Bond is a special limited obligation of the City of Seward, payable solely from Pledged
Revenues as the same shall become due. The full faith and credit of the City are not pledged for the
payment of the principal of and interest on the Bond.
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by
the constitution or statutes of the State of Alaska and the home rule charter of the City to exist, to
have happened or to have been performed precedent to or in the issuance of this Bond exist, have
happened and have been performed, and that the series of Bonds of which this is one, together with
all other indebtedness of the City, is within every debt and other limit prescribed by said constitution,
statutes, or charter.
IN WITNESS WHEREOF, THE CITY OF SEW ARD, ALASKA, has caused this Bond to be
signed in its name and on its behalf by the manual or facsimile signature of its Mayor and its
corporate seal (or a facsimile thereof) to be impressed or otherwise reproduced her. n and attested
by the manual or facsimile signature of its Clerk, all as of the ~f) day of ' , ,
2007.
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Section 7. Execution. The Bonds shall be executed in the name of the City by the Mayor or
his designee, and its corporate seal shall be impressed or otherwise reproduced thereon and attested
by the City Clerk. The execution of a Bond on behalf of the City by persons who at the time of the
execution are duly authorized to hold the proper offices shall be valid and sufficient for all purposes,
although any such person shall have ceased to hold office at the time of authentication of the Bond or
shall not have held office on the date of the Bond.
A T T EST:
j~
Lewis, C~9 City Clerk
SEAL]
Section 8. Payment of Principal and Interest. The Bonds shall be payable in lawful money of
the United States of America which at the time of payment is legal tender for the payment of public
and private debts. As long as the Bond Bank is the Registered Owner of the Bonds, payment of
principal and interest on the Bonds shall be made as provided in the Loan Agreement. If the Bond
Bank is no longer the Registered Owner of the Bonds, installments of principal and interest on the
S:\RESOLUTIONS\2006\06-128 harbor Refunding Res.doc Page 5 of 10
45
Bondsshall be paid by check mailed by first class mail to the Registered Owner as of the fifteenth
day of the month preceding each installment payment date at the address appearing on the Bond
Register; provided that the final installment of principal and interest on a Bond shall be payable upon ...
J"presentation and surrender of the Bond by the Registered Owner at the office of the Registrar.
Section 9. Registration. The Bonds shall be issued only in registered form as to both
principal and interest. The City designates the City Finance Director as Registrar for the Bonds. The
Registrar shall keep, or cause to be kept, the Bond Register at the principal office of the City. The
City covenants that, until all Bonds have been surrendered and canceled, itwill maintain a system for
recording the ownership of each Bond that complies with the provisions of Section 149 of the Code.
The City and the Registrar may treat the person in whose name any Bond shall be registered as the
absolute owner of such Bond for all purposes, whether or not the Bond shall be overdue, and all
payments of principal of and interest on a Bond made to the Registered Owner thereof or upon its
ordershall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent
of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to
the contrary.
Section 10. Transfer and Exchange. Bonds shall be transferred only upon the books for the
registration and transfer of Bonds kept at the office of the Registrar. Upon surrender for transfer or
exchange of any Bond at such office, with a written instrument of transfer or authorization for
exchange in form and with guaranty of signature satisfactory to the Registrar, duly executed by the
Registered Owner or the duly authorized attorney of the Registered Owner, the City shall execute
and deliver an equal aggregate principal amount of Bonds of the same maturity of any authorized
denominations, subject to such reasonable regulations as the City may prescribe and upon payment
sufficient to reimburse it for any tax, fee or other governmental charge required to be paid in
connection with such transfer or exchange. All Bonds surrendered for transfer or exchange shall be
canceled by the Registrar.
i
Section 11. Bonds Mutilated. Destroyed. Stolen or Lost. Upon surrender to the Registrar of
a mutilated Bond, the City shall execute and deliver a new Bond of like maturity and principal
amount. Upon filing with the Registrar of evidence satisfactory to the City that a Bond has been
destroyed, stolen or lost and of the ownership thereof, and upon furnishing the City with indemnity
satisfactory to it, the City shall execute and deliver a new Bond of like maturity and principal
amount. The person requesting the execution and delivery of a new Bond underthis section shall
comply with such other reasonable regulations as the City may prescribe and pay such expenses as
the City may incur in connection therewith.
Section 12. Designation of RefundedBonds. The City Manager and the City Finance
Director each is authorized to designate which maturities of 2000 Bonds authorized to be refunded in
this Resolution shall be refunded, provided that the refunding of the 2000 Bonds so designated shall
realize a substantial debtservice savings, net of all issuance costs and underwriting discount, on a
present value basis.
Section 13. Tax Covenants. The City covenants to comply with any and all applicable
requirements set forth in the Code in effect from time to time to the extent that such compliance shall !
be necessary for the exclusion of the interest on the Bonds from gross income for federalincome tax ..J
S:\RESOLUTIONS\2006\06-128 harbor Refunding Res.doc Page 6 of 10
46
purposes. The City covenants that it will make no use of the proceeds of the Bonds which will cause
the Bonds or the Refunded Bonds to be "arbitrage bonds" subject to federal income taxation by
reason of section 148 of the Code. The City covenants that it will not take or permit any action that
would cause the Bonds to be "private activity bonds" as defined in Section 141 of the Code.
Section 14. Amendatory and Supplemental Resolutions.
A) The Council from time to time and at any time may adopt a resolution or resolutions
supplemental hereto, which resolution or resolutions thereafter shall become a part of this resolution,
for anyone or more of the following purposes:
1) To add to the covenants and agreements of the City in this Resolution, other
covenants and agreements thereafter to be observed, or to surrender any right or power herein
reserved to or conferred upon the City.
2) To make such provisions for the purpose of curing any ambiguities or of curing,
correcting or supplementing any defective provision contained in this Resolution or in regard to
matters or questions arising under this Resolution as the Council may deem necessary or desirable
and not inconsistent with this Resolution and which shall not adversely affect the interests of the
Registered Owners of the Bonds.
Any such supplemental resolution may be adopted without the consent of the Registered
Owner of any of the Bonds at any time outstanding, notwithstanding any of the provisions of
subsection (B) of this section.
B) With the consent of the Registered Owners of not less than 60 percent in aggregate
principal amount of the Bonds at the time outstanding, the Council may adopt a resolution or
resolutions supplemental hereto for the purpose of adding any provisions to or changing in any
manner or eliminating any of the provisions of this Resolution or of any supplemental resolution;
provided, however, that no such supplemental resolution shall:
1) extend the fixed maturity of any of the Bonds, or reduce the rate of interest
thereon, or extend the time of payments of interest from their due date, or reduce the amount of the
principal thereof, or reduce any premium payable on the redemption thereof, without the consent of
the Registered Owners of each Bond so affected; or
2) reduce the aforesaid percentage of Registered Owners of Bonds required to
approve any such supplemental resolution without the consent of the Registered Owners of all of the
Bonds then outstanding.
It shall not be necessary for the consent of the Registered Owners of the Bonds under this
subsection to approve the particular form of any proposed supplemental resolution, but it shall be
sufficient if such consent approves the substance thereof.
C) Upon the adoption of any supplemental resolution under this section, this Resolution
shall be deemed to be modified and amended in accordance therewith, and the respective rights,
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47
duties and obligations under this Resolution of the City and all Registered Owners of outstanding
Bonds shall thereafter be subject in all respects to such modification and amendment, and all the
terms and conditions of the supplemental resolution shall be deemed to be part of the terms and
conditions of this Resolution for any and all puqmses. .J
D) Bonds executed and delivered after the execution of any supplemental resolution
adopted under this section may bear a notation as to any matter provided for in such supplemental
resolution, and if such supplemental resolution shall so provide, new Bonds modified so as to
conform, in the opinion of the City, to any modification of this Resolution contained in any such
supplemental resolution may be prepared by the City and delivered without cost to the Registered
Owners of the Bonds then outstanding, upon surrender for cancellation of such Bonds in equal
aggregate principal amounts.
Section 15. Defeasance. In the event money and/or non-callable direct obligations of, or
obligations the timely payment of principal of and interest on which are unconditionally guaranteed
by, the United States of America or an agency or instrumentality of the United States of America,
maturing at such times and bearing interest to be earned thereon in amounts sufficient to redeem and
retire any or all of the Bonds in accordance with their terms are set aside in a special trust account to
effect such redemption or retirement and such moneys and the principal of and interest on such
obligations are irrevocably set aside and pledged for such purpose, then no further payments need be
made to payor secure the payment of the principal of and interest on such Bonds and such Bonds
shall be deemed not to be outstanding.
Section 16. Exchange of Bonds; Amendatory Loan Agreement. The Bonds shall be
delivered to the Bond Bank in exchange for the Refunded Bonds. The City has been advised by the
Bond Bank that bond market conditions are fluctuating and that the most favorable market
conditions for the sale of the Bond Bank Bonds may not occur on the date of a regular Council
meeting. The Council has determined that it would be inconvenient to hold a special meeting on
short notice to approve the terms of the Bonds. Therefore, the Council hereby determines that it is in
the best interest of the City to delegate the authority to approve the terms of the Bonds as provided
herein. Each of the City Manager and the City Finance Director is hereby authorized to determine
the aggregate principal amount, maturity amounts, interest rates, yields, dated date, principal and
interest payment dates, and redemption terms, if any, for the Bonds, so that such terms of the Bonds
conform to the terms of the corresponding Bond Bank Bonds; provided that (I) the principal amount
of each maturity of the Bonds shall not exceed the principal amount of the portion of the
corresponding maturity of the Bond Bank Bonds that is allocated to the making of a loan to the City;
and (ii) the interest rate on each maturity of the Bonds shall not exceed the interest rate on the
corresponding maturity of the Bond Bank Bonds. Based upon the foregoing determinations, the City
Manager and the City Finance Director each is authorized to negotiate and execute an Amendatory
Loan Agreement. The authority granted to the City Manager and City Finance Director by this
section shall expire 180 days after the effective date of this Resolution. If the City Manager or City
Finance Director has not executed an Amendatory Loan Agreement within 180 days from the
effective date of this Resolution, the Amendatory Loan Agreement may not be executed on behalf of
the City without further authorization from the Council.
S:\RESOLUTIONS\2006\06-128 harbor Refunding Res.doc Page 8 of 10
i
J
1
J
48
Section 17. Official Statement. The information in a preliminary Official Statement relating
to the City and the Bonds may be modified as the City Manager or City Finance Director may
determine. The City Manager and City Finance Director each is hereby authorized to approve the
form of the preliminary and the final Official Statement for the Bond Bank Bonds as each pertains to
the City and the Bonds.
Section 18. Authority of Officers. The Mayor, the City Manager, the City Finance Director,
and the City Clerk are, and each of them hereby is, authorized and directed to do and perform all
things and determine all matters not determined by this Resolution, to the end that the City may carry
out its obligations under the Bonds and this Resolution.
Section 19. Miscellaneous.
A) All payments made by the City of, or on account of, the principal of or interest on the
Bonds shall be made on the several Bonds ratably and in proportion to the amount due thereon,
respectively, for principal or interest as the case may be.
B) No recourse shall be had for the payment of the principal of or the interest on the Bonds
or for any claim based thereon or on this Resolution against any member of the Councilor officer of
the City or any person executing the Bonds. The Bonds are not and shall not be in any way a debt or
liability of the State of Alaska or of any political subdivision thereof, except the City, and do not and
shall not create or constitute an indebtedness or obligation, either legal, moral or otherwise, of said
state or of any political subdivision thereof, except the City.
Section 20. Continuing Disclosure. The City hereby covenants and agrees that it will
execute and carry out all of the provisions of a Continuing Disclosure Certificate in form and
substance satisfactory to the Bond Bank. Notwithstanding any other provision of this Resolution,
failure of the City to comply with the Continuing Disclosure Certificate shall not be considered a
default of the City's obligations under this Resolution or the Bonds; however, the beneficial owner of
any Bond or Bond Bank Bond may bring an action for specific performance, to cause the City to
comply with its obligations under this section.
Section 21. Severability. If anyone or more of the provisions of this Resolution shall be
declared by any court of competent jurisdiction to be contrary to law, then such provision shall be
null and void and shall be deemed separable from the remaining provisions of this Resolution and
shall in no way affect the validity of the other provisions of this Resolution or of the Bonds.
Section 22. Effective Date. This resolution shall take effect 30 days following adoption by
the Seward City Council.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th
day of November, 2006.
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49
CITY OF SEWARD, ALASKA
RESOLUTION 2006-128
i
1
14i: "'~V
Vanta Shafer, Malfor
i
J
AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Valdatta, Schafer, Bardarson, Thomas, Amberg, Shafer
None
None
None
ATTEST:
Jean ewis, CMC\ Cit CI rk
UII"",
I1~"",~
Y\Po~....~a ":.
City Seal) ~ (j ,,'rF ~" ~
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11"'11"'"
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S:\RESOLUTIONS\2006\06-128 harbor Refunding Res.doc Page 10 of 10
50
51
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2016-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO
EXCEED $58,903.00 WITH HARMON CONSTRUCTION, INC. TO
PROVIDE ABATEMENT, DEMOLITION, AND REMOVAL SERVICES
FOR DERELICT CITY-OWNED STRUCTURES LOCATED AT 408
MADISON AND 516 – 522 FIRST AVENUE, AND APPROPRIATING
FUNDS
WHEREAS, in 2012 and 2013 the City took possession through the tax foreclosure
process of Lots 29, 30, 31 and 32, Block 27 and the West ½ of Lots 19 and 20, Block 30 Original
Townsite of Seward; and
WHEREAS, the intent of the City was to obtain ownership through the foreclosure
process by paying the delinquent taxes, contracting the cleanup of the properties, then selling the
properties to recover the costs incurred and finally placing the properties back on the tax roll; and
WHEREAS, both of these property locations are in derelict condition, extreme eye sores,
and are public safety hazards; and
WHEREAS, over the past few years numerous complaints have been received from the
public regarding the condition of these properties; and
WHEREAS, at the May 23, 2016 meeting the City Manager provided the scoring criteria
and informed the Council of the Request For Proposals (RFP) to provide abatement, demolition
and removal service; and
WHEREAS, two (2) qualified proposals were received from professional contractors;
three (3) staff reviewed and scored the proposals on July 7, 2016; Harmon Construction, Inc.
scored the highest of the proposers with a bid price of $58,903.00; and
WHEREAS, on July 11, 2016 an Intent To Award notice was issued and the City of
Seward Professional Services Agreement was signed by Harmon Construction, Inc. and is
included with this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The Council hereby authorizes the City Manager to enter into the Professional
Services Agreement with Harmon Construction, Inc. as attached hereto, in substantial form, in an
52
CITY OF SEWARD, ALASKA
RESOLUTION 2016-053
___________________________
amount not to exceed $58,903.00 for abatement, demolition, and removal services.
Section 2. The Council further authorizes the appropriation in an amount not to exceed
$58,903.00 from the General Fund account 01000.1180.7810 for the abatement demolition and
removal contract.
Section 3. This resolution shall take effect immediately.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
22nd day of August, 2016.
THE CITY OF SEWARD, ALASKA
Jean Bardarson, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________
Brenda J. Ballou, CMC
Acting City Clerk
(City Seal)
53
Agenda Statement
v.
rofs ,
Meeting Date: August 22, 2016
To: City Council410,1CAr
1.4-7
ASII
Through: Jim Hunt, City Manager
Ron Long, Assistant City Manager
From: DonnaGlenz, Planner
Agenda Item: Approving a professional services contract with HarmonConstruction for
abatement/demolition and removal services
BACKGROUND &JUSTIFICATION:
In 2012 and 2013 the City of Seward took possession of two separate properties through the tax
foreclosure process. All parcels are City owned and located within the City limits of Seward.
Site number 1 is located at 516 — 522 First Avenue, Lots 29, 30, 31 and 32, Block 27
Original Townsite of Seward, Tax Parcel ID numbers 14805003 & 14805004.
Site number 2 is located at 408 Madison, the West 1/2 of Lots 19 and 20, Block 30,
Original Townsite of Seward,Tax Parcel ID number 14813010.
The intent of the City has always been toobtain ownership through the foreclosure process by
paying the delinquent taxes, contracting thecleanup of the properties, then selling the properties
to recover the costs incurred and finally placing the properties back on the tax roll. Once the
properties were obtained, the City had difficulties issecuring a contractor to complete thedemo
and cleanup of these derelict properties. Both of the these property locations are in derelict
condition, extreme eye sores and are public safety hazards, over thepast few years the City has
received numerous complaints from the public regarding the unsightly and derelictconditions.
In February 2016 the City wasable to hire the Satori Group to perform a hazardous materials
survey of the properties. Once the inspection was performed and the report provided the City
was able to conduct the Request for Proposals (RFP) for the abatement/demolition and removal
services needed. The City Manager provided the scoring criteria and informed the Council of the
RFP to provide theneeded services, at the May 23,2016 Council meeting.
Two (2) qualified proposals were received from professional contractors; three (3) staff
reviewed andscored the proposalson July 7th; Harmon Construction, Inc. scoredthe highest of
the proposers with a bid price of $58,903.00. The amount of $58,903.00 was the lowest,
responsive proposal and metthe qualifications of the City. Harmon Construction was sent a letter of
intent toaward on July 11, 2016 andthe City of Seward Professional Services Agreement was
signed by HarmonConstruction and is included with this resolution.
INTENT:
Award the Professional Services Agreement for abatement/demo and removal services.
CONSISTENCY WITH CITY PLANS Yes No N/A
54
Comprehensive Plan (2020, approved by Council August 8, 2005)
Community Appearance
Improve the appearance of the entire community through
increased
1. Removal of numerous abandoned and X
dilapidated buildings by both city and
privateproperty owners(page 9)
3.9.2.1 Encourage citizens, as well as the city, to take an active
role in beautifying the community. (page 30).
2
Strategic Plan (Approved by Council Resolution 99-043):
X
Promote a safe community(Page 18)
3
Seward City Code: X
Numerous sections of title 9, Health and Safety support this action:
FISCAL NOTE:
The costs incurred for the delinquent taxes, hazardous materialinspection, staff time, RFP
advertisement and theabatement, demo and removal and any other costs will be recovered in the
sale of the properties.
Approved by Finance Department:
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
Council to approve Resolution 2016-0 5 3 , authorizing the City Manager to enter into the
Professional Services Agreement with Harmon Construction, Inc. as attached hereto, in
substantial form, in an amount not to exceed$58,903.00.
55
56
57
58
59
60
61
62
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City of Seward, Alaska City Council Minutes
June 27, 2016 Volume 40, Page
CALL TO ORDER
The June 27, 2016 regular meeting of the Seward City Council was called to order at 7:02
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Ristine Casagranda *arrived at 8:00 p.m.
Dave Squires Dale Butts
Sue McClure Deborah Altermatt
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Brenda Ballou, Deputy City Clerk
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
George Goem first came to Seward in 2014. As a boat owner, his impression of the bathroom
at the harbor was that they were nice, and the new dock ramps were really nice. He was dismayed
that the picnic tables that were previously located at the camp grounds were no longer there, although
the log benches were great. He wondered where visitors could go to charge cell phones if they were
camping, and asked council to consider turning on the outlets at the pavilion.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/McClure) Approval of Agenda and Consent Agenda
Keil added Resolution 2016-040 and Resolution 2016-041 to the consent agenda.
Long added an item to Other New Business for a discussion on obtaining a General Obligation
Bond for road paving projects.
Bardarson removed the approval of the May 23, 2016 minutes the consent agenda.
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City of Seward, Alaska City Council Minutes
June 27, 2016 Volume 40, Page Bardarson added an item to Other New Business for a discussion about setting a training
session for the City Council, Boards and Commissions addressing the Open Meetings Act
(OMA), Parliamentary Procedures, and Quasi-Judicial Procedures.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Approval of the June 13, 2016 Regular City Council Meeting Minutes.
Resolution 2016-040, Accepting The 2016 Volunteer Fire Assistance Grant (VFA) In The
Amount Of $7,987.50 And Authorizing The 10% Matching Fund Of $887.50 And
Appropriating Funds.
Resolution 2016-041, Accepting Funds From The Alaska State Library For A Continuing
Education Grant In The Amount Of $1,000.00 And Appropriating Funds.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Chamber of Commerce Report. Cindy Clock reported the chamber had been very busy.
The chamber had worked with city administration to launch “Bear Paws on Port Avenue” which
were bear paws painted on the sidewalks along Port Avenue to indicate where pedestrians should
walk safely. Kris Harris was busy renewing chamber memberships. The current men’s leader in the
Halibut Tournament had a 191.2 pound halibut. Phil Mink caught a tagged fish, and although the tag
was from 2015, he would still receive $100. In response to Hunt, Clock said the current women’s
tournament leader had a 171 pound halibut. Clock thanked the Electric Department for the
preparations they began making today for the Fourth of July Festival. The chamber held a Racer
Clinic where experienced runners helped familiarize new runners with the Mount Marathon course.
There would also be a Ski Patrol Safety and First Aid Response Team on standby on race day; both
measures helped make the Mount Marathon Race safer for participants. The Silver Salmon Derby
would be in August and the chamber was pleased with a new sponsorship this year from Chevron.
There would be two art walks this month, on July 1, 2016 and July 8, 2016. The chamber was fully
staffed and happy with the city’s activity.
Borough Assembly Report. Brandii Holmdahl said the assembly had been addressing
several finance issues. The Borough Mayor’s budget had been passed earlier in June, after the
assembly made some changes to it, including modifying the Seward landfill station’s schedule to
close one day each week during the six month off season. The Central Area Rural Transit System
(CARTS) program, which provided low income transportation, was another hot topic and would
affect Seward. Holmdahl expressed her disappointment that Seward was not being supported as
much as other communities, even though taxes went to help pay for services; however, the
Independent Living Center had found alternate funding able to assist with transportation in Seward,
so should not be impacted too badly. Another issue was proposing the sales tax cap be increased
from $500 to $1,000; this was approved by the assembly and would be on the October ballot for
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City of Seward, Alaska City Council Minutes
June 27, 2016 Volume 40, Page voter approval. At the next assembly meeting, they would be addressing senior residential property
tax exemptions. Currently seniors received $50,000 from the borough automatically, plus $150,000
exemption required by the State of Alaska on top of that, plus an additional $150,000 exemption
from the Kenai Peninsula Borough on top of that. The proposal coming before the assembly would
phase out the borough’s additional $150,000 exemption over a period of time until the exemption
capped at $200,000. At the last assembly meeting, there were licensed approved for seven marijuana
cultivation facilities, the nearest one in Seward being in Stoney Creek. The borough was also
considering restructuring the planning commission, but that proposal would not affect Seward. There
would be one assembly meeting in July during the third week.
City Manager’s Report. Jim Hunt reported there had been no purchase orders between
$10,000 and $50,000 approved by the City Manager since the last council meeting.
Assistant City Manager Ron Long spoke about working with the state to identify hot spots
along Lowell Point Road that could be addressed in smaller, more fundable increments. The U.S.
Coast Guard Change of Command ceremony would be Wednesday this week.
In response to McClure regarding the Breakwater Project at the Seward Industrial Marine
Center (SMIC), Long said the first load of 3,000 tons was arriving from Kodiak and would be laid as
the core rock.
Altermatt inquired where any arriving signal class ships from the U.S. Coast Guard wouldbe
docked, and Long said there was potential for them to dock in the harbor or at SMIC; they would
have to examine the pros and cons of each location and decide where they wanted to dock.
Other Reports, Announcements and Presentations
PUBLIC HEARINGS
Ordinance 2016-003, Amending The Zoning Map Designation Of Lots 11 And 12, Block 7,
Federal Addition, From Single Family Residential (R1) To Two-Family Residential (R2) In
Compliance With The Land Use Plan, Located At 700 Second Avenue.
Motion (Keil/McClure) Enact Ordinance 2016-003
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. No one appeared to address the Council and the public hearing was closed.
Long said this ordinance was in line with the city’s Land Use Plan.
Keil said she would support this because there was no objection from staff and this rezone
had been approved by the Planning and Zoning Commission.
Butts said that had been a concern expressed by an adjacent property owner.
Bardarson clarified that there could not be a bunkhouse put on that property.
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City of Seward, Alaska City Council Minutes
June 27, 2016 Volume 40, Page
Motion Passed Unanimous
Ordinance 2016-004, Amending Portions Of Seward City Code § 2.05.035, Denial Of Request;
Appeal, To Establish A Customary Timeline To Appeal The Denial Of A Request For
Information.
Motion (Keil/McClure) Enact Ordinance 2016-004
City Clerk Johanna Kinney explained that the City Attorney had discovered a gap in the
city code for addressing a denial of public records request. Although the appeal process itself was
outlined, there was no corresponding time limit defined, so this ordinance would define the
timeframe in which a person could appeal a denial of records request. In addition, this ordinance
would allow for the appeal hearing to be conducting during a special meeting and not confined to a
regular meeting.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. No one appeared to address the Council and the public hearing was closed.
In response to Squires, Kinney explained that if a denial for records happened, the requestor
was provided with a documented reason for the denial.
Motion Passed Unanimous
Ordinance 2016-005, Amending Portions Of Seward City Code Titles 8, 9, And 15, Regarding
Requirements And Standards For Commercial Marijuana Establishments In The City Of
Seward.
Motion (Keil/McClure) Enact Ordinance 2016-005
Long said this ordinance addressed the commercial use of marijuana, not personal use. Local
communities were allowed to restrict time, place, and manner of commercial activities;
administration had worked with the borough to fashion this ordinance. The allowable hours of
operation being put forth tonight varied from the state rather than staying with the state’s 5:00 a.m.
closure rule, administration was proposing adopting the more restrictive 2:00 a.m. closure. As well,
administration was proposing a more restrictive 1,000 foot buffer zone around schools rather than the
state’s 500 foot buffer zone.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Darryl Schaefermeyer was disappointed by the city’s support of this ordinance. The land
use allowed provision of this ordinance caught his attention; he objected to the limited cultivation
facility allowance. He asked council to strike this particular section of the ordinance.
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City of Seward, Alaska City Council Minutes
June 27, 2016 Volume 40, Page No one else appeared to address the Council and the public hearing was closed.
Squires was concerned with the application review process. Squires recalled that for a new or
renewal liquor license application, there was an internal review process established that included a
sign off from the fire and police departments. Squires believed there should be a similar review
process required in this marijuana ordinance.
In response to Squires, Kinney said although the liquor license review process was not
specified in city code, there was an additional internal requirement for fire and police sign off. The
same could be true for a marijuana establishment.
Motion To Amend (Squires/Casagranda) Amend Ordinance 2016-005 in Section
8.25.025 (b) by adding # 3 “The Applicant
shall be in compliance with all City safety
requirements.”
Motion To Amend Passed Unanimous
Long said the city would rely upon the detailed application required by the state and would
not duplicate the application process.
Motion To Amend (Butts/Squires) Amend Ordinance 2016-005 in Section
8.25.030 by striking 8:00 a.m. and replacing
it with 10:00 a.m.
Butts felt this would bring this in line with retail liquor establishments inside city limits.
Motion To Amend Passed Yes: Butts, Squires, McClure, Altermatt
No: Casagranda, Keil, Bardarson
Main Motion Passed Unanimous
UNFINISHED BUSINESS – None
NEW BUSINESS
Approval of the May 23, 2016 Regular City Council Meeting Minutes.
Motion (Keil/Squires) Approve the May 23, 2016 Regular City
Council Minutes.
Bardarson wished to clarify the minutes regarding the boardwalk discussion: The project
would not move forward using the old dock sections that were removed from the harbor during the
recent renovation, but the project would move forward by putting some kind of a connection between
Second and Third Avenues in the right of way at the south end of the boardwalk to create a
pedestrian path.
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City of Seward, Alaska City Council Minutes
June 27, 2016 Volume 40, Page
Motion To Amend (Bardarson) Clarify the May 23, 2016 Regular City
Council Minutes on the agenda item
Discussion on the Memorandum of
Understanding concerning the Museum by
striking the words “and develop an
amendment to” so the sentence reads
“Council directed administration to meet
with the Resurrection Bay Historical
Society (RBHS) to discuss the current
MOU.”
Motion Passed Unanimous
Other New Business Items
Discussion of Kenai Peninsula Borough Ordinance 2016-25, Amending KPB 2.40.010 to
Reduce Planning Commission Membership. City Council directed administration to draft a letter
stating the City’s lack of support for the ordinance for Mayor Bardarson to sign and send to the
borough before the next council meeting.
Council recessed at 8:50 p.m.
Council resumed at 8:52 p.m.
Discussion on bond for road paving. City Council directed administration to provide an updated
color map and priority list of paving areas.
Motion (Keil/McClure) Direct administration to bring forward a
resolution providing two options for road
paving for council’s consideration at the
next council meeting.
Motion Passed Unanimous Consent
Discussion on parliamentary procedure, etc. City Council directed administration to obtain a
quote for Linda Murphy to provide training in September.
INFORMATIONAL ITEMS AND REPORTS
Providence Seward Medical and Care Center Financial Reports through April, 2016.
COUNCIL COMMENTS
Squires asked if crosswalks could be painted on Harbor Avenue and Long agreed. He
suggested that Department Heads should be made aware of grants in a more timely manner to
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City of Seward, Alaska City Council Minutes
June 27, 2016 Volume 40, Page facilitate acceptance of the funding. Squires thought the new fire simulator training facility was great
and he wished that council could be given a tour.
McClure provided an update on the MOU with RBHS and said RBHS wished to have a
planning meeting prior to meeting with administration, and that meeting had not yet been set. Mount
Marathon Race bags were stuffed and ready, and there would be a no dogs allowed in the race areas
policy in effect this year. The state had approved a portion of Third Avenue to be blocked off for the
race. Race headquarters will be at the K.M. Rae Building this year; racers and volunteers could check
in there. She wished everyone a safe Fourth of July.
Bardarson thanked Providence for a $300,000 grant called Providence Seward Community
Benefit Grant; the funds would be distributed to a variety of endeavors around Seward. Thanked city
clerk for the tablets. She wished everyone have a happy and safe Fourth of July.
Casagranda hoped administration would address the potholes around the bridge at the
waterfall. The Seward Flag Committee met last Thursday and a flag design had been selected; a
resolution would be coming forward on July 25, 2016.
Butts had the first ever class with the state at the new fire simulator training facility. He
congratulated the Fire Department on the new fire truck and hoped everyone would have a safe
Fourth of July.
Hunt said the Waterfront Park WiFi testing would go live tomorrow.
In response to Bardarson, Long said the potholes at the waterfall would continue to be
monitored and addressed on a regular basis.
CITIZEN COMMENTS
George Goem would help with the potholes. The Sugar Mountain movie came out really
great; he had sat in on the sound mix for the film, and it showed Seward in a great light.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS – None
ADJOURNMENT
The meeting was adjourned at 9:23 p.m.
____________________________________ ____________________________________
Johanna Kinney, CMC Jean Bardarson
City Clerk Mayor
(City Seal)
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City of Seward, Alaska City Council Minutes
July 11, 2016 Volume 40, Page
CALL TO ORDER
The July 11, 2016 regular meeting of the Seward City Council was called to order at 7:01
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Ristine Casagranda
Dave Squires Dale Butts
Sue McClure Deborah Altermatt
comprising a quorum of the Council; and
Jim Hunt, City Manager
Johanna Kinney, City Clerk
Brenda Ballou, Deputy City Clerk
Will Earnhart, City Attorney
Absent – None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Tim McDonald thought Seward was busier now more than ever, but he was bothered with
the disrepair of the city’s streets. He suggested the city consider using cement rather than asphalt. He
thought the road beds in Seward were stable enough to hold up to cement roads.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Casagranda removed Resolution 2016-042 from the consent agenda.
Bardarson added a City Attorney Report.
Bardarson added a New Business Item to Discuss Scheduling A City Attorney Mid-Year Evaluation.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
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City of Seward, Alaska City Council Minutes
July 11, 2016 Volume 40, Page
Resolution 2016-043, Appointing Jean Lewis As Temporary Deputy City Clerk.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
City Manager’s Report. City Manager Jim Hunt said no purchases had been made
between $10,000 and $50,000 since the last meeting. He commended the Parks and Recreation
Department for a good job keeping up with landscaping duties this year. Hunt noted that Hamilton
Construction was back underway with the breakwater project. There was another water overflow on
Dieckgraeff Road from breaching Japanese Creek over the weekend, and Hunt would be organizing a
meeting with state, borough and University of Alaska Fairbanks (UAF) personnel to address the
issue of bedloading this fall.
Assistant City Manager Ron Long stated Seward Bear Creek Flood Service Area Board
(SBCFSAB) had requested to join in with city efforts to save the eroding shoreline along Waterfront
Park. Negotiations with AVTEC were unsuccessful and would result in the closure of the AVTEC
gym beginning August 1, 2016. Administration had met with Vigor to discuss updating certification
processes for the city-owned Syncro lift. Long stated administration was appreciative of the $300,000
that remained in the budget for the Lowell Canyon Flood Feasibility Study. Long recognized the
Police and Fire Departments for their volunteer assistance and material support for the Military
Appreciation Combat Fishing Tournament, and wanted to note that no taxpayer dollars were spent
for this.
In response to Butts, Hunt stated City Hall would be sealed off in sections during the asbestos
abatement and carpet replacement, and employees would be scheduled and staged to reduce closures
and continue operations.
In response to Casagranda, Long confirmed the AVTEC gym would be open for AVTEC
students only after August 1, 2016. Resurrection Bay Historical Society (RBHS) was still discussing
what they would be presenting for the museum’s Memorandum of Agreement (MOA). Hunt
answered that the Public Works position had not been filled yet, but they would be interviewing six
applicants. Long stated the purpose of the Wage Committee was to have a mechanism to look at and
rank positions, not individuals, and eliminate the need for outside consultants. There was currently a
backlog of positions for the Wage Committee to address; any recommendations from the committee
would have to come before City Council for approval. Casagranda noted for the public that electric
rates went down after January 1, 2016 so in any comparisons, there would appear to be big
fluctuations. Long reiterated that during winter energy rates had been lowered for residents, and
during summer they were being raised, resulting in the same net annual usage for year round
residents. Bardarson reminded everyone that the fuel surcharge was a pass-through from Chugach
Electric and was not from the city.
Hunt commented the state was administering the road work program and would possibly
begin next year. In response to Squires, Hunt confirmed the city was encumbered and guaranteed and
there was no federal administrative sweep of these funds.
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City of Seward, Alaska City Council Minutes
July 11, 2016 Volume 40, Page
Keil clarified that the CHC extension was good for three years.
City Attorney Report. Will Earnhart said there was a tentative agreement with IBEW.
After several rounds of negotiations, the bottom line was an approximate 2% raise this year and 1%
raise for next two years. There was a slight increase in pension contributions with the overall
increase being 2.3-2.4%. More importantly, pay scale was more in line to attract qualified candidates,
with Seward being at the top of scale for small communities but at the lower end of the scale for
larger railbelt utilities on the road system. Earnhart congratulated the Police Chief and City Manager
for their alertness in stopping an errant driver during the junior race for the Mount Marathon Race.
In response to McClure, Earnhart stated his son ran the junior race for the first time and won
his age division, and placed 12th overall.
Other Reports, Announcements and Presentations – None
PUBLIC HEARINGS – None
UNFINISHED BUSINESS – None
NEW BUSINESS
Resolution 2016-042, Amending And Restating The ICMA Retirement Corporation
Governmental Money Purchase Plan And Trust Document, In Response To Changes In The
Internal Revenue Code And Rescinding 2016-027.
Motion (Casagranda/McClure) Approve Resolution 2016-042
Finance Director Kris Erchinger said the intent of this resolution was to update the city’s
401K plan with ICMA. It was a second retirement plan that had been added when a former City
Manager did not wish to be in PERS. The Chief of Police was opted out of PERS and put into this
plan as well. The other time this plan was used was when council recently negotiated a one-time
contribution into the City Manager’s plan. The city received notification from ICMA that the IRS
had made subsequent changes to these plans and the IRS code, therefore, the city needed to amend
the new language and eliminate the appendix. Erchinger said changes could be made to this plan
with a subsequent resolution in the future.
In response to Bardarson, Erchinger affirmed this document could not be changed to a range
as it related to the contribution rate.
In response to Casagranda, Erchinger stated the city must be in compliance with IRS
regulations. The intent with this resolution was to incorporate the IRS regulations and not to make
any changes to current practice.
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City of Seward, Alaska City Council Minutes
July 11, 2016 Volume 40, Page City Clerk Johanna Kinney noted that the boxes being referred to as checked off on the
application were visible on the hard copy, but did not transfer over to the digital copy to be viewable
on the tablets. She suggested using the paper copy for this conversation.
Discussion ensued on the agreement, amendments added, and were clarified by Erchinger.
Motion to Amend (Casagranda/Bardarson) Uncheck the “Management
Employees” box on Page 2 of the
ICMA Agreement.
Hunt stated having management employees selected would be a useful tool for recruiting
qualified people if they did not want to be in PERS at the time of hire.
Erchinger stated the time to negotiate with people would be delayed by a month and the city
could possibly lose that employee. This allowed for a lower contribution rate than PERS and added
flexibility for hiring.
Motion to Amend Failed Yes: Casagranda
No: Butts, Altermatt, Keil, Squires,
McClure, Bardarson
Main Motion Passed Yes: McClure, Squires, Altermatt, Keil,
Butts, Bardarson
No: Casagranda
Other New Business Items
Discussion To Schedule Mid-Year Evaluation For The City Attorney. Council decided to
eliminate the mid-year evaluation of the City Attorney for this year, and conduct an annual
evaluation in the first quarter of 2017.
INFORMATIONAL ITEMS AND REPORTS
Planning and Zoning Commission Quarterly Report.
COUNCIL COMMENTS
Keil said today the governor proposed a 3% sales tax on all sales, and she was not aware that
the proposal included an exemption for cities that already had sales tax. She added the governor was
also calling for double taxes on motor fuel, alcohol and cigarettes.
McClure was pleased with the Fourth of July weekend, and announced the chamber was
looking for Silver Salmon Derby volunteers.
Casagranda thanked all volunteers for the Fourth of July.
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City of Seward, Alaska City Council Minutes
July 11, 2016 Volume 40, Page Butts echoed the Fourth of July accolades, and was pleased with the television coverage.
Altermatt also thanked the Chamber of Commerce and all the volunteers.
Hunt thanked Lieutenant Governor Mallott and his wife Toni for visiting Seward over the
Fourth of July.
Bardarson had dinner with Lieutenant Governor Mallott and his wife and showed him the
Lowell Canyon Tunnel and SMIC and thanked him for his support on those projects. Bardarson
asked Butts to provide a report on the Kenai Peninsula Economic Development District (KPEDD)
following his meetings. She also thanked volunteers for the Fourth of July weekend, and especially
enjoyed the mini-Mount Marathon Race.
CITIZEN COMMENTS
Suzi Towsley thanked council for all their work. She also thanked Casagranda for bringing
up the discussion on the electric rates tonight, and thought a better explanation for citizens about the
electric rates would be beneficial. Towsley also requested council consider a future revision to the
Roving Vendor Program to allow for non-motorized vehicles like bicycles.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS – None
ADJOURNMENT
The meeting was adjourned at 8:15 p.m.
____________________________________ ____________________________________
Johanna Kinney, CMC Jean Bardarson
City Clerk Mayor
(City Seal)
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City of Seward, Alaska City Council Minutes
July 25, 2016 Volume 40, Page
CALL TO ORDER
The July 25, 2016 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Ristine Casagranda
Dave Squires Sue McClure
Deborah Altermatt
comprising a quorum of the Council; and
Jim Hunt, City Manager
Ron Long, Assistant City Manager
Brenda Ballou, Acting City Clerk
Absent – Dale Butts
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
George Goen said Obihiro Park was a very nice space to enjoy. The flowers all over the city
looked very nice, especially at Mariners Memorial Park. He was not sure where to bring plastic
bottles for recycling and was thankful for the picnic table at the campground being installed. Goen
thought the city should consider electricity hookups, a charging station, or a WiFi hotspot for better
internet accessibility for visitors at Branson Pavilion. He also suggested that Seward should consider
having a Sister City within the United States, and thought like Hana or Lahaina would be good
choices since there were similarities in industries between the cities.
Sharyl Seese came to speak about the potholes on the roads. She had a large pothole in front
of her house on First Avenue that measured 30” x 18” x 7” and had counted 18 potholes on her street
alone. There were more all over town and she felt something should be done to patch them. Seese
lived by the jeep trail which had lots of activity and parking and said it was difficult to avoid the
potholes in that area.
Katelyn Correa said her flag design had been chosen as the new city flag, and she thanked
council for the opportunity.
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City of Seward, Alaska City Council Minutes
July 25, 2016 Volume 40, Page
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Bardarson removed the Chamber of Commerce report and the Borough Assembly report from the
agenda.
Keil moved Resolution 2016-048 to the #1 position under New Business/Resolutions.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Appoint Christy Terry to the Port and Commerce Advisory Board with a term expiring July,
2019.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
City Manager Report. Jim Hunt said there were no purchase orders made by the City
Manager between $10,000 and $50,000 since the last council meeting.
Hunt was beginning to have meetings with the Alaska Department of Natural Resources and
the Alaska Department of Transportation to address gravel fill in the rivers.
In response to Casagranda, Hunt stated an offer was made and tentatively accepted today for
the Public Works Director position. Long added the Project Manager position was still on a hiring
freeze until council released it.
Other Reports, Announcements and Presentations
Seward Community Health Center Report by Patrick Linton. (Keil)
Presentation by District Ranger Francisco Sanchez for the Chugach National Forest.
(McClure)
PUBLIC HEARINGS – None
UNFINISHED BUSINESS – None
NEW BUSINESS
Resolution 2016-048, Adopting A Design For An Official Seward City Flag. (Casagranda)
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City of Seward, Alaska City Council Minutes
July 25, 2016 Volume 40, Page
Motion (Keil/Casagranda) Approve Resolution 2016-048
Casagranda said a small group of citizens had formed a committee because they were
concerned there was no official flag design for Seward. Council supported the idea of having a flag
design contest. A design was selected and sent to a graphic designer; the contest winner Katelyn
Correa was in the audience. Her symbolism came from Seward surrounded by mountains being the
triangle, the white is Alaska snow, and the blue is for the sky and the Alaska flag.
Motion Passed Unanimous
Resolution 2016-044, Authorizing A Sole Source Contract In The Amount Of $270,000 Plus A
25% Contingency To Harmon Construction For Asbestos Abatement And Flooring
Replacement For The City Hall Building, And Appropriating Funds.
Motion (Keil/Casagranda) Approve Resolution 2016-044
Long said there had been two claims of trips and falls from the bad carpet in City Hall. In
order to replace the carpet, there would be a disturbance of the asbestos laden tiles beneath, so
asbestos abatement was part of the project. Originally administration thought this project would be
less than $100,000, but asbestos abatement added to the cost. Long stated the project would be done
incrementally so that only one portion of the building was done at a time, and business within City
Hall would continue as usual. Administration was recommending a sole source contract because this
project required flexibility with scheduling and this company had recent experience with this
building and its issues. A 25% contingency was added to this remodel project, not knowing what
would be discovered or encountered throughout the process. All downstairs hallways and the upstairs
MIS office would be done, and possibly a couple more offices as budget allowed.
In response to Squires, Long explained which hard surfaces would be replaced. In response to
Casagranda, Long stated the flooring would be removed in order to abate the asbestos to prevent
future hardships. Long was hoping to start this project in the fall.
Motion to Amend (Bardarson/Keil) Amend Resolution 2016-044 by striking the
words “Excluding The Restrooms And
Council Chambers” in the last Whereas.
Motion to Amend Passed Unanimous
Keil had done some research on asbestos abatement by square footage, and found this
replacement estimate to be very reasonable.
Main Motion Passed Unanimous
Resolution 2016-045, Providing For The Submission To The Qualified Voters Of The City Of
Seward The Question Of Authorizing The Issuance Of Not To Exceed $3,000,000 In General
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July 25, 2016 Volume 40, Page Obligation Bonds Of The City To Finance All Or A Portion Of The Planning, Design And
Construction Of Road Improvement Projects, At An Election In And For The City Of Seward
On October 4, 2016.
Motion (Keil/Casagranda) Approve Resolution 2016-045
Long stated the city had been chasing money to repair the roads for decades, and about a
decade ago the city received a substantial amount of money and were now about to put it to use. A
Memorandum of Agreement with the state was authorized by the council March 2015, which
outlined the attached list of road repair. Tonight’s decision would be whether to go to the voters to
finish the road projects on the laydown list. If voters said yes, they would pave Forest Acres,
including the road to the Long Term Care Facility and Dieckgraeff Road via a separate sole source
contract to begin at the end of the state’s contract. Right of way work had already been completed.
In response to Casagranda, Long stated the list was created years ago and the need for
Dieckgraeff Road wasn’t originally contemplated at that time. He said the Long Term Care Facility
road would be paved in its entirety.
In response to Squires, Long gave an anticipated timeline of voter approval in October, state
preparation for bid release in February, 2017, and bond issuance by late 2017 with work beginning
after that.
Long answered Altermatt by saying the bond language going to the voters did not necessarily
mean an increase to property or sales taxes, but the general obligation bonds did obligate the city for
repayment.
Motion Passed Unanimous
Resolution 2016-046, Restoring Employee Merit Increases And A One Percent Bonus For Non-
Union Regular Employees, And Appropriating Funds.
Motion (Keil/Squires) Approve Resolution 2016-046
Long reminded everyone that council had met in a work session in June for the purpose of
discussing whether to reinstate employee pay increases, following receipt of the City’s year end
financial performance results for 2015. It was suggested any excess would be split with employee
merit increases and the needs of the city, and council had made recommendations. He said there was
an additional $321,000 from sales tax revenue, and after paying for healthcare, that left $241,000 to
split.
Squires would not support this resolution because he didn’t know what the state would be
doing budget wise. He would like to wait until January, 2017 and then put back the merit increases
plus COLA.
Motion Passed Yes: McClure, Altermatt, Keil, Bardarson
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City of Seward, Alaska City Council Minutes
July 25, 2016 Volume 40, Page No: Squires, Casagranda
Resolution 2016-047, Authorizing The City Manager To Enter Into A Revised Contract With
The International Brotherhood Of Electrical Workers (IBEW) Effective July 1, 2016 And
Ending June 30, 2019.
Motion (Keil/Casagranda) Approve Resolution 2016-047
Electric Utilities Manager John Foutz said this contract negotiation went well and he felt
the result was about average for the state. Foutz stated both lineman and operators are supplied meals
at the generation facility. The city either bought the meal or the workers were compensated for a
meal allowance. After conferring with the Finance Department, Foutz said the bottom line result
would be an increase of $1,853 per month for this contract.
Bardarson asked what would be required to modify the generation plant operation to have
only one person. Foutz said for safety reasons with backup generation, there could be unforeseen
circumstances, and so two qualified people were required to be on site to operate it.
Motion Passed Unanimous
Other New Business Items – None
INFORMATIONAL ITEMS AND REPORTS
City of Seward and Providence Medical and Care Center Financial Reports through May, 2016.
Letter to Kenai Peninsula Borough Planning Commissioners and Assembly RE: Ordinance 2016-25,
Amending KPB 2.40.010 to Reduce Planning Commission Membership.
Seward Community Health Center Coordinating Committee Meeting Minutes from April 6, 2016.
(Keil)
COUNCIL COMMENTS
Altermatt had been hearing good comments about the Wi-Fi in the campground, but was
looking forward to harbor internet upgrades soon. She thanked George Goen for his positive
remarks, and especially his garden appreciation at the Mariners Memorial. Altermatt recognized Nici
Murawsky, Susan Ernst and Carol Souza for their helpful work at the Mariners Memorial.
Casagranda thanked council for the flag design support. She was thankful the McHugh
Creek fires didn’t hurt travel to and from Seward.
Bardarson reminded council that the welcome pot luck for the Japanese exchange students
would be Monday, August 1, 2016 at the library from 5:00-7:00 p.m. She thanked the Obihiro
Mayor, the President of the Obihiro committee and their citizens for the annual Mt. Marathon Race
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City of Seward, Alaska City Council Minutes
July 25, 2016 Volume 40, Page trophies and Silver Salmon Derby awards. Bardarson stated that her and Long went to the change of
command ceremony for the USCG Cutter Mustang, and thanked them for the lovely gift. Lt. Jamie
C. Greendyke was installed as the new commander. Bardarson reminded the public that the Port and
Commerce Advisory Board (PACAB) and the Historic Preservation Commission (HP) were both
short one member, and that City Council candidate packets were now available for pick up in the
clerk’s office through August 15, 2016.
Keil thanked Christy Terry for applying for PACAB, and she looked forward to seeing the
new flag and a ceremony.
Squires would not be present at the next council meeting on August 8, 2016, but encouraged
the public to get involved with the bond issue by asking questions to administration.
McClure thanked District Ranger Francisco Sanchez for his presentation tonight. She
encouraged people to see the progress of the senior housing project, and congratulated Katelyn
Correa on her flag design. McClure advised the public of an important Borough Assembly meeting
which was scheduled for tomorrow night.
Long congratulated both Christy Terry and Katelyn Correa. He also thanked George Goen for
his comments but clarified that #1 and #2 plastic recyclables were collected in Seward, with the
landfill taking them as well.
Hunt mentioned that on July 15, 2017 Seward would host a three day extreme triathlon event
called Alaska Man.
CITIZEN COMMENTS
Becky Dunn said there was a borough proposition to raise the sales tax limit from $500 to
$1,000. She opposed this tax increase and feared this would drive people to spend out of town.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Long said the city had no position on the sales tax increase. The voters would have to adopt
the borough’s proposed measure before the city would take a position.
Casagranda said that on B&B/hotel tax, there was no cap.
ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
____________________________________ ____________________________________
Brenda J. Ballou, CMC Jean Bardarson
Acting City Clerk Mayor
(City Seal)
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City of Seward, Alaska City Council Minutes
August 8, 2016 Volume 40, Page
CALL TO ORDER
The August 8, 2016 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Jean Bardarson.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Jean Bardarson presiding and
Marianna Keil Ristine Casagranda
Deborah Altermatt Sue McClure
comprising a quorum of the Council; and
Jim Hunt, City Manager
Brenda Ballou, Acting City Clerk
Absent – Butts, Squires
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Bardarson admonished the public to deliver their comments in a constructive and positive
fashion, and warned that she would gavel anyone who became disorderly.
Devin Putney wanted to speak about the AVTEC gym closure. The AVTEC gym helped
local people get through the winter and rainy days, and the open gym time had been priceless for his
family. He asked council to look at the situation and try to find a way to reinstate access. When
speaking with people at AVTEC, he was told the rent increase had not doubled as was the message
he had gotten from the city.
Luther Freeman was disappointed in the AVTEC gym closure. He said using the gym
helped him get through the winter. He thought the people who lived in Seward year round should be
a priority. There was no replacement for the AVTEC gym and what they offered. For small children
and elders, the gym was a safe place to get exercise. He hoped council would consider getting it open
again.
Tim McDonald thought Seward was not prepared for growth. The streets were in terrible
condition; he still thought cement streets could be a solution. He thought the Lowell Point Sewage
Lagoon was just a raw sewage settling place before the raw sewage got dumped into Resurrection
Bay. He thought the whole country was changing and people were getting a raw deal.
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City of Seward, Alaska City Council Minutes
August 8, 2016 Volume 40, Page
Nicole Lawrence chose Seward as her home because of the community. She said AVTEC
was a big part of her life here.
Joe Fong reminded everyone that on Saturday, August 13, 2016 from 2:00 - 6:00 p.m. there
would be a free community luncheon at Branson Pavilion to celebrate Providence Hospital’s 20 year
anniversary in Seward.
Amanda Adams said her family were heavy users of AVTEC, and the community needed
this gym as a resource.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2016-049, Requesting Council Adopt The 2016 Seward Historic Preservation
Commission Priorities.
Resolution 2016-050, Appointing Carol Kvasnikoff As Temporary Deputy City Clerk.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Chamber of Commerce Report. Cindy Clock appreciated being on the agenda tonight to
make up for the July 25, 2016 meeting she missed due to a family emergency.
Clock wanted to speak about the AVTEC gym closure. She reminded everyone that there
were two gyms in Seward that were viable alternatives for exercise. And she said AVTEC had
reached out to the Chamber of Commerce to see if there were any concessionaires who may be
suitable to run the program. She said this could be an opportunity for a private enterprise to get
involved.
Clock passed out Silver Salmon Derby booklets, showed an advertisement the chamber
placed in the Seattle Seahawks Yearbook that featured Seward, an article and advertisement in the
Alaska Sporting Journal, and she passed out copies of the marketing and promotion schedule the
chamber had done year to date. The 61st Silver Salmon Derby would start August 13, 2016. There
were still a few spots available. There would be 15 tagged fish plus almost $30,000 in additional
prizes.
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City of Seward, Alaska City Council Minutes
August 8, 2016 Volume 40, Page The 89th Mount Marathon Race was successful in every way. The chamber’s Board of
Directors had formed a task force to explore more ways to grow the event, such as having food
vendors up in Lowell Canyon.
The budget for the Alaska Tourism Marketing Board had been slashed to $1.5 million, which
was only enough to keep Alaska.com website updated. In comparison, Hawaii spent $84 million last
year and Arkansas spent $19 million.
Borough Assembly Report. Brandii Holmdahl reported the assembly had met once last
month and would be meeting again tomorrow evening. Ordinance 2016-22 addressed moving the
hospital service area boundary to the halfway point between Soldotna and Homer. There was a
significant difference in the mill rates of those two areas. There was a tie vote, and then an assembly
member called for reconsideration at the next assembly meeting. The other item addressed was the
senior citizen property exemption reduction, which passed and would appear on the municipal ballot
in October.
There was a new member to the Planning Commission, Virginia Morgan from Cooper
Landing, who would represent the eastern side of the peninsula. At the next meeting the assembly
would consider reducing the number of borough members on the Kenai Peninsula Economic
Development District (KPEDD) board. Holmdahl explained that in a recent land grant from the state,
there was about 2,200 acres in the Moose Pass/Crowne Point area that were part of that transfer.
There was a request to rezone about 1,300 acres of that land to recreational. The assembly was
having a work session tomorrow to discuss the mayor’s proposed changes to the tax code. There
were a lot of small changes, and many not so small. Holmdahl asked council to review the proposal
and speak up if there were areas of concern that they wished for her to address on behalf of the
citizens of Seward.
In response to McClure, Holmdahl said the KPEDD reduction would be addressed at the
meeting after the next one. Holmdahl did not know when the borough’s administration would be
holding community meetings to inform the public on the upcoming ballot issues, but she thought
they would happen in advance of the municipal election to help educate voters.
City Manager Report. Jim Hunt said there had been no purchase orders between $10,000
and $50,000 approved by the City Manager since the last meeting. Hunt reported that part of
Dieckgraeff Road had washed away yesterday in the rain, but had been repaired.
Assistant City Manager Ron Long introduced and welcomed Doug Schoessler as the new
Public Works Director. Long asked Utility Manager John Foutz to speak about a Transco group
that the city had been exploring. Foutz elaborated that he had been working with five railbelt utility
companies as well as a Transco company from the lower 48 to design a plan for creating a public
utility. The biggest decision that would come to council was whether or not to join. Seward owned
45 miles of line stretching from Seward to Cooper Landing. There were advantages and
disadvantages to joining a Transco. Long added that in the past several years there had been
legislative pressure for railbelt utilities to consolidate, and he thought creating and potentially joining
a Transco would be acceptable to the legislature.
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City of Seward, Alaska City Council Minutes
August 8, 2016 Volume 40, Page Long said the AVTEC gym issue was complicated. He said the costs associated with running
the programs were varied. He asked council and the public to be patient as administration was still
working on the issue and trying to find one or more solutions to meet the needs of the taxpayers. He
said administration was aware that some of the special things AVTEC provided included indoor
open gym, winter walking, and sports leagues.
In response to McClure, Foutz provided an update on the Snow River transmission line
project. Foutz had received some cost estimates on a Phase I solution, which was not a throw away
but would be built upon during Phase II. The issue was that the transmission line which provided
power to Seward from Anchorage through Chugach Electric was in jeopardy as the rock at Snow
River eroded around the transmission line foundation, and if the line was lost it may result in Seward
being on back up generation for up to a month. Long added that the city’s approach to this project
had to be done appropriately in order to potentially qualify for federal grants or loans that may be
available in the future. In response to McClure, Long said this approach would change the scope of
the project, but not the timing.
Casagranda asked how the city got to the point it was at with AVTEC. Long said the contract
ended and had not been successful in its negotiations. Casagranda followed up for clarification on
what the exact costs were. Hunt said the old contract was $1,500 per month, and would have doubled
to $3,000. Casagranda wondered why this particular contract had not been proposed for council’s
consideration. Long said administration was charged with negotiating the contract renewal, but they
had not been successful. In response to Casagranda, Long said council could expect to see something
brought before them as a proposed solution very soon. Casagranda said she would like to see the
community more involved in the process when a decision was made that had such a broad reaching
impact on the community.
Keil stated she was concerned, and in light of the state’s budget shortfalls, she thought it was
important to save money where it could be saved and hoped there wouldn’t be more programs that
would be cut.
In response to McClure, Hunt and Long said the city was not planning to build a bowling
alley or recreational facility. Hunt said that would be an undertaking for private enterprise.
Council directed administration to put the road paving maps on the city website for the public.
The maps should be marked draft so it would be understood the plans were subject to change.
Bardarson wondered when council would see a close out report on the Fish Cleaning
Stations.
In response to Casagranda, Long said financial reports were available monthly, and that
council could expect to see June figures at the end of August.
City Attorney Report. Will Earnhart reported that council would be seeing amendments
proposed to Title 10 to reduce redundancies with state statutes at the next council meeting. Earnhart
was pleased to report the city had won the lawsuit with Orion over the breakwater contract. Earnhart
said his firm had spent $10,000 on fees and $50,000 in costs on obtaining this win, and could expect
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City of Seward, Alaska City Council Minutes
August 8, 2016 Volume 40, Page to recover about 10% of that cost. Earnhart gave accolades to Adam Cook from his firm for doing
the legwork on the briefing.
Other Reports, Announcements and Presentations – None
PUBLIC HEARINGS – None
UNFINISHED BUSINESS – None
NEW BUSINESS – None
Other New Business Items – None
INFORMATIONAL ITEMS AND REPORTS – None
COUNCIL COMMENTS
Keil thanked Brenda Ballou, Jean Lewis, and the Seward International Friendship
Association (SIFA) for the student exchange program. She congratulated the Kinney family on the
birth of their baby boy, thanked Will Earnhart for the win against Orion, and thanked the public for
speaking about AVTEC.
McClure congratulated the Kinneys. McClure enjoyed the barbeque with the Japanese
exchange students. She said there were lots of things going on, including the Silver Salmon Derby
and the Providence picnic. She thanked the ALPAR workers for doing a great job picking up litter
around town, and she thanked everyone for expressing their concerns about the AVTEC gym.
Casagranda thanked the clerk’s office for their work, congratulated the Kinneys, and
welcomed Doug Schoessler. She expressed her appreciation to administration for the work that they
did, and encouraged the public to consider picking up city council candidate packets. She would be
out of state for August 22, 2016 council meeting.
Altermatt thanked people for coming out tonight. She thought the quality of life in Seward
was really high, with all the music, drama, library, and winter activities to name a few. Rotary was
holding the duck race on Saturday. She would also be absent on August 22, 2016 to travel to South
Africa to represent her family at a historic African Congress event.
Bardarson showed off Silver Salmon Derby trophy furnished by the City of Kushiro. She
thanked public for coming out.
Long clarified there was no raw sewage being dumped into Resurrection Bay. Road
engineers and consultants recommended using asphalt for the roads. He gave his congratulations to
Kinneys.
CITIZEN COMMENTS
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City of Seward, Alaska City Council Minutes
August 8, 2016 Volume 40, Page Becky Dunn said a couple of years ago she had donated a tank heater for the portapotty at the
animal shelter, as well as non-freezing water bowls for the dogs, but they couldn’t be used because
there were no outside outlets at the shelter. Hunt said he would see that outlets were installed.
Jim Hunt wanted to say Sam Daniel had been recognized by the state legislature for his road
clean-up work.
Luther Freeman said he realized that negotiations had failed with AVTEC, but was
disappointed the public was not informed or included. He didn’t think it was out of line to expect
that the facility would be kept running while an alternative was sought. He was upset because there
was no substitute for the AVTEC gym facilities, including the rock wall, racquetball courts, etc. The
AVTEC gym did not compete with the local gyms. He didn’t understand why access to AVTEC had
ended with no notice and no stop gap measure put in place.
Michael Mahmood said in regards to the bowling alley rumor, there was a press release
issued by Seward Parks & Recreation Department (SPRD) that said funds were temporarily
earmarked for the bowling alley project.
Devin Putney said he didn’t hear tonight that there was a formal plan for addressing the
AVTEC gym, but he did hear that council was willing and able to look into this further. He wished
that they would keep AVTEC open and available until there was a suitable replacement.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
In response to Keil, Hunt said there would be a solution found to the AVTEC gym issue
within a matter of weeks. Long added that there was no guarantee.
Long wanted to respond to the press release and said it was an unfortunate and inaccurate
press release. He said it should not have gone out and there were no funds being earmarked. Hunt
added that a bowling alley project would be a private venture.
ADJOURNMENT
The meeting was adjourned at 8:28 p.m.
____________________________________ ____________________________________
Brenda Ballou, CMC Jean Bardarson
Acting City Clerk Mayor
(City Seal)
88
Monthly Budget-to-Actual Revenue Report--By Fund
Run: 8/16/2016 at 2:24 PM Ci� of Seward Page: 1 eneral Fund
For 6/30/2016 Variance Variance Actual Y-T-D Y-T-D Over/(Under) Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Budget Budget
Revenues
4000 Tax Revenue -Sales 50,156 1,076,303 2,287,500 (1,211.197) 4,575,000 (3,498,697) 23.53 4010 Tax Revenue -Real Property 2,672 9,407 360,000 (350,593) 720,000 (710,593) 1.31 4011 Tax Revenue -Personal Property 542 17,178 139,998 (122,820) 279,996 (262,818) 6.14 4012 Tax Revenue -Motor vehicle 2,243 10,463 12,498 (2,035) 24,996 (14,533) 41.86 4020 Hotel/Motel Room Tax 0 39,870 207,498 (167,628) 414,996 (375,126) 9.61 4030 Payments in Lieu of Tax 0 4,576 42,000 (37,424) 84,000 (79,424) 5.45 4031 Contra Payments in Lieu ofTax (8,400) (8,400) 0 (8,400) 0 (8,400) 0.00 4040 Penalties and Interest on Taxes 58 1,009 498 511 996 13 101.31 4100 Building Permits 8,658 39,006 30,000 9,006 60,000 (20,994) 65.01 4101 Permits-Taxi 153 475 498 (23)996 (521)47.734102 DMV -Drivers License 2,183 11,328 11,502 (175)23,004 {11,677) 49.244103 DMV -Motor Vehicles 8,927 34,456 33,498 958 66,996 (32,540) 51.434104 Animal Control Licenses 15 95 150 (55) 300 (205)31.674105 Business License 1,040 9,430 10,002 (572)20,004 (10,574) 47.144106 License and Permits -Misc 14 907 1,128 (221)2,256 {1,349) 40.20 4200 Revenue Sharing 0 0 71,790 {71,790) 143,580 (143,580) 0.004202 Jall Contract 0 184,476 167,502 16,974 335,004 (150,528) 55.07 4203 Dispatch Contract w/State of AK 9,000 18,000 18,000 0 36,000 (18,000) 50.004204 KPB 911 Dispatch 0 26,160 26,280 {120) 52,560 (26,400) 49.774205 Alaska Liquor Tax 0 12,850 10,998 1,852 21,996 (9,146) 58.424206 Alaska Raw Fish Tax 0 0 240,000 (240,000) 480,000 (480,000) 0.004207 Fisheries Resource Landing Tax 0 2,707 8,502 (5,795) 17,004 (14,297) 15.924251 Grant Revenue -Federal Grants 0 0 7,988 (7,988) 7,988 (7,988) 0.004252 Grant Revenue -State Grants 0 0 15,711 (15,711) 15,711 {15,711) 0.00 4300 Admin. Exp. -Jail 8,091 48,549 48,546 3 97,092 {48,543) 50.004301 Admin Exp.-Harbor 28,384 170,303 170,304 (1)340,608 (170,305) 50.004302 Admin. Exp. -SMIC 7,576 45,45 7 45,456 1 90,912 (45,455) 50.004303 Admin. Exp.-Parking Fund 849 5,094 5,094 0 10,188 (5,094) 50.004304 Admin. Exp. -Electric 74,045 444,267 444,270 (3)888,540 (444,273) 50.004305 Admin. Exp. -Water 20,427 122,561 122,562 (1)245,124 (122,563) 50.00430.6 Admin. Exp. -Sewer 12,475 74,847 74,850 (3)149,700 (74,853) 50.004307 Copying Fees 9 138 2,502 (2,364) 5,004 (4,866) 2.764308 Sales Tax Credit 0 2,000 1,998 2 3,996 (1,996) 50.054309 Zoning Fees 47 748 0 748 0 748 0.004320 Misc Dog Fees 140 525 1,050 (525)2,100 (1,575) 25.004321 Mlscellaneous Jail Revenue 0 0 750 (750)1,500 (1,500) 0.004322 Miscellaneous Dispatching 833 5,000 4,998 2 9,996 (4,996) 50.024323 Miscellaneous Police Fees 171 1,340 498 842 996 344 134.544331 Shop Work Orders 0 0 1,248 (1,248) 2,496 (2,496) 0.004340 P&R: Public Use Fees 350 586 1,998 (1,412) 3,996 (3,410) 14.664341 P&R: Punchard Fees 665 3,535 7,500 (3,965) 15,000 (11,46 5) 23.56 4342 P&R: Class Registrations 7,137 27,914 27,498 416 54,996 {27,082) 50.764343 P&R: Facility Rental 322 1,539 1,104 435 2,208 (669) 69.71 4344 P&R: Tournaments 0 1,262 852 410 1,704 (442)74.044345 P&R: Special Events 1,941 15,574 10,002 5,572 20,004 (4,430) 77.854347 P&R: Shower Fees 3,664 5,312 6,498 (1,186) 12,996 (7,684) 40.874348 P&R: Rock Wall Fees 0 52 348 (296)696 (644)7.524349 P&R: Pavilion Fees 724 2,597 1,998 599 3,996 (1,399) 64.98
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14
4
MEMO
Date: August 22, 2016
To: Seward City Council
From: Brenda Ballou, Acting City Clerk
RE: Appreciation For Local Support Of Student Exchange Program
This summer marked the 44th anniversary of the Student Exchange Program between Seward and its
City Sister of Obihiro, Japan. This year the City of Obihiro entrusted us with five bright and happy
high school students representing three different high schools in Obihiro, and Seward had two bright
high school students to send.
The success of this program is due in large part to the steadfast support of our local community
members – from the families who open their homes for the visiting students, to the many local
businesses who provide discounted rates for activities. I would like to publicly acknowledge and
thank everyone for their support!
HOMESTAY FAMILIES:
• MaryBeth & Andrew Koster • Stephanie & Brian Mullaly
• Emy & Daniel Johnson • Susan & Jim Pfeiffenberger
• Phyllis Shoemaker & Fred Moore • Shelly & Trevan Walker
• Erin & Jason Flowers
LOCAL BUSINESSES:
• Hertz Rental Car • Sweet Darlings
• Seward Fisheries/Icicle • Alutiiq Pride Shellfish Hatchery
• Alaska SeaLife Center • Stoney Creek Canopy Adventures
• Kenai Fjords Tours • Kayak Adventures Worldwide
• Seavey’s Ididaride • Adventure 60 Gold Panning
• Seward Library Museum
SEWARD INTERNATIONAL FRIENDSHIP ASSOCIATION:
• Peggy Hamner • Phyllis Shoemaker
145
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August 2016
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147
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148
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149
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1
25 26 27 28 29 30 31
Merry Christma Merry Christma 7:00pm 10:30p
m CC Mtg
Sun Mon Tue Wed Thu Fri Sat
150
MEETING NOTES:
151