HomeMy WebLinkAboutRes2003-106
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Sponsored by: Shealy
CITY OF SEWARD, ALASKA
RESOLUTION 2003-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE CY2003 GENERAL FUND LEGAL BUDGET
BY APPROPRIATING $40,000 FROM THE GENERAL FUND FUND
BALANCE FOR GENERAL FUND LEGAL COSTS FOR THE REMAINDER
OF THE CY2003 BUDGET
WHEREAS, with the legal billings through September 20,2003 (75.0% ofCY 2003), the
General Fund legal is at 95.7% of budget, the Parking Revenue fund is at 0.0% of budget, the Small
Boat Harbor Fund is at 55.4% of budget, the SMIC Fund is at 17.0% of budget, the Electric Fund is
at 62.8% of budget and the Water/Sewer Fund is at 0.0% of budget; and
WHEREAS, overall, legal expenditures through September 20, 2003 total $172,473 and is at
77.9% ofthe CY 2003 overall legal budget; and
WHEREAS, the year-to-date General Fund legal is over budget for several reasons,
including increased activity in private and public construction/development issues, issues related to
building permits and other permits, right of ways, easements, and platting questions; and
WHEREAS, there have been increased enforcement issues relating to several zoning code
violations and building code violations; and
WHEREAS, the special election and other referendum related questions related to the sales
tax increase resulted in increased legal activity; and
WHEREAS, the new management agreement with Providence and the lease and transfer
agreements for the long-term care facility also resulted in increased legal and consulting fees; and
WHEREAS, through September 20,2003, approximately $119,633 has been spent on legal
costs related to General Fund legal matters; and
WHEREAS, based on the activity through September 20, 2003, it is estimated that an
additional $40,000 in legal costs will be needed for the remaining three months of the budget year.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 2003-106
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The amount of $40,000 be appropriated from the General Fund fund balance,
account no. 101-0000-3050 to the General Fund Legal, account no. 101-1115-5170 for General Fund
legal costs for the remainder of CY2003 budget.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th
day of October, 2003.
THE CITY OF SEWARD, ALASKA
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StuClark,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Shafer, Branson, Dunham, Orr, Valdatta, Amberg, Clark
None
None
None
ATTEST:
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Jean WIS
City lerk
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COUNCIL AGENDA STATEMENT
Meeting Date:
October 13, 2003
From:
Phil Shealy, City Manager
Agenda Item:
CY2003 Legal Budget
BACKGROUND & JUSTIFICATION:
Attached is a legal expenditure report comparing actual to budget by Fund for CY2003 through
September 20, 2003.
With the legal billings through September 20, 2003 (75.0% of CY 2003), the General Fund legal is at
95.7% of budget, the Parking Revenue fund is at 0.0% of budget, the Small Boat Harbor Fund is at
55.4% of budget, the SMIC Fund is at 17.0% of budget, the Electric Fund is at 62.8% of budget and
the Water/Sewer Fund is at 0.0% of budget. Overall, legal expenditures through September 20, 2003
total $172,473 and is at 77.9% of the CY 2003 overall legal budget.
The year-to-date General Fund legal is over budget for several reasons, including increased activity in
private and public construction/development issues, issues related to building permits and other
permits, right of ways, easements, and platting questions. The GCI fiber optic cable permit has
required approximately $5,000 in legal fees ($4,226 through September, 2003), however these
expenses will be reimbursed by GCI. Activity in the Forest Acres Subdivision involved subdivision
matters in general, water line, subdivision agreements, platting and easement matters.
Other reasons include increased enforcement issues relating to several zoning code violations and
building code violations. The city attorney assisted staff with the transfer of the Wards Cove Packing
lease to a new operator on an expedited basis just before fishing season started this year. Other issues
involved the special election and other referendum related questions related to the sales tax increase.
Legal time was also involved with items related to the proposed borough flood service area matter.
The new management agreement with Providence and the lease and transfer agreements for the long-
term care facility also resulted in increased legal and consulting fees. The issues around the long-term
care facility have required the involvement of the City’s law firm. In addition, the complexity of the
lease and the health care issues required the City through the City Attorney to contract with a law firm
that specializes in health care and to contract with a health care consultant. Approximately $12,394
was charged to the General Fund legal in early 2003 for the legal matter related to the Long-term care
facility.
Through September 20, 2003, approximately $119,633 has been spent on legal costs related to
General Fund legal matters. The CY2003 budget estimated legal costs for General Fund matters at
$125,000. Based on the activity through September 20, 2003, it is estimated that an additional
$40,000 in legal costs will be needed for the remaining three months of the budget year.
COUNCIL AGENDA STATEMENT
Meeting Date: October 13, 2003
CY2003 Legal Budget
Page 2
CONSISTENCY CHECKLIST: Yes No
1. Comprehensive Plan
2. Strategic Plan
3. Other
4. Not applicable X
FISCAL NOTE:
Funding in the amount of $40,000 will need to be appropriated from the General Fund fund balance to
cover the General Fund legal costs for the remaining three months of the budget year. Legal costs
related to the GCI fiber optic cable permit will be reimbursed to the City by GCI.
Approved by Finance Department
RECOMMENDATION:
Council approve Resolution 2003-106, amending the CY2003 General Fund legal budget by
appropriating $40,000 from the General Fund fund balance for General Fund legal costs for the
remainder of the CY2003 budget.
Attachment.