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HomeMy WebLinkAboutRes2003-115 I I I Sponsored by: Shealy CITY OF SEWARD, ALASKA RESOLUTION 2003-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENCROACHMENT PERMIT AGREEMENT WITH PROVIDENCE SEWARD MEDICAL CENTER FOR PURPOSES OF ALLOWING A MOBILE CT SCAN UNIT TO BE LOCATED PARTIALLY IN THE CITY'S RIGHT-OF-WAY ALONG LOWELL CANYON ROAD WHEREAS, it is the City's policy not to allow new or unauthorized encroachments into any public right-of-way, land or easement; and WHEREAS, it is the City's intent that all encroachments, especially those considered as hazardous, obstructing motorists sight or preventing access for emergency vehicles be removed, but there are instances where neither public safety nor access is impaired and it is impractical to demand immediate removal of an encroachment; and WHEREAS, Seward City Code 7.05.515 authorizes the issuance of permits to continue an encroachment until removed subject to the private party meeting certain specified conditions; and WHEREAS, the location proposed by Providence Seward Medical Center for the CT Scan Unit would extend into the City's right-of-way but not into the actual roadway of Lowell Canyon Road; and WHEREAS, any potential safety issues could be mitigated by requiring signs warning a driver about on-coming traffic or developing a one way pattern. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The recitals stated above are incorporated herein by reference and the City Council finds that the encroachment requested by Providence Seward Medical Center for siting a mobile CT Scan Unit partially within the City's right-of-way along Lowell Canyon Road is in the public interest and that public safety and access issues can be mitigated. Section 2. The City Manager is authorized to enter into an encroachment permit agreement with Providence Seward Medical Center in substantially the form as attached hereto for a term of not to exceed three years. CITY OF SEWARD, ALASKA RESOLUTION 2003-115 Section 3. The encroachment may exist within the City's right-of-way provided that the encroachment shall not intrude into the Lowell Canyon Road roadway. Section 4. This resolution shall take effect three days following its adoption, provided that the authorization granted herein shall have no force and effect unless and until locating the proposed mobile CT Scan unit on Lot lA, Marathon Addition Replat, is valid according to City of Seward zoning ordinances now or hereafter in effect.. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 3rd day of November, 2003. THE CITY OF SEWARD, ALASKA 'Rv;;.~~ David Brossow, Mayor AYES: NOES: ABSENT: ABSTAIN: Brossow, Clark, Valdatta, Amberg, Brossow None Shafer, Dunham None ATTEST: . ,,\\\""," ...,...... Or SE:"..'/",,, ,,'" ~~ ......... ~~ '..., . ~:.,~ ....~'OIt4~.. \? ~ (CIty Seal)! '"'...~C:P ~O'" ~~ ... ....... ----- . 1:llO ~ . . F ">ill : SEAL : 0 .... ~e: I. : ~ : !'I. . . ... " " ~. -ao-' ..: .~., \~.. ~,,\...t/I. ~f\:....' -"... .!: ." t;'-., "v"'l!! 1 ,9.. .~; ..~ .,.~.. ~:, >~'.......l.'" ~~ ...-:-,. 'c'., . /'~, 0'" ;-.\,.1'" ,.. ""'.\; ....' ,;...- '~', .,..",f</f> .;tIll:,;: ~ ~ '.-';' ~\."