HomeMy WebLinkAboutRes1995-030
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, TERMINATING THE USE AND OPERATION
OF THE FOURTH AVENUE DOCK AS A PUBLIC DOCK, APPROVING
THE VACATION OF PUBLIC RIGHTS-OF-WAY AND OTHER PUBLIC
AREAS RELATED TO THE FOURTH AVENUE DOCK, AND PROVIDING
FOR RELATED MATTERS
WHEREAS, the City of Seward owns and operates a dock known as the Fourth Avenue
Dock, located near the southern end of Fourth Avenue in the City; and
WHEREAS, the poor condition and east/west lay of the Fourth Avenue Dock make it
marginally useful as a public dock; and
WHEREAS, public use of the Fourth Avenue Dock in recent years has been limited to
preferential use for the Alaska Marine Highway System, and such use terminated as of February,
1995; and
WHEREAS, termination of the use and operation of the F ourth Avenue Dock as a public
dock is necessary for the construction and operation of the Alaska SeaLife Center; and
WHEREAS, the City Council adopted Resolution No. 95-022, authorizing an agreement
with Seward Association for the Advancement of Marine Science ("SAAMS"), under which
SAAMS will be responsible for either rendering the Fourth Avenue Dock safe for public access
or preventing such access; and
WHEREAS, the operation of the Alaska SeaLife Center will constitute a higher and better
use of the City property now occupied by the Fourth Avenue Dock and related facilities, and the
termination of the use and operation of the Fourth Avenue Dock as a public dock is in the public
interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The use and operation of the Fourth Avenue Dock as a public dock is
terminated. The City Council hereby determines that the Fourth Avenue Dock is not a public
utility as defined in 1.5(k) of the Charter of the City of Seward. Any prior designation of the
Fourth Avenue Dock as a public utility is repealed.
Section 2. The attached amendment to the City of Seward Port and Harbor Tariff is
approved.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-030
Section 3. The application of the City of Seward to the Kenai Peninsula Borough to
vacate all rights-of-way and other public use areas on the Fourth Avenue Dock and on the real
property described as follows:
Tracts One (1), Two (2), Three (3), Four (4), Five (5) and Six (6), according to
the Umecorded Plat of CITY OF SEWARD WATERFRONT TRACTS, filed
under ALASKA TIDELANDS SURVEY NO. 174, according to Plat S-55, in the
Seward Recording District, Third Judicial District, State of Alaska
(the "Property") is in all respects ratified and confirmed. The City of Seward consents to the
action of the Kenai Peninsula Planning Commission on March 27, 1995, approving the vacation
of all rights-of-way and other public areas on the Fourth Avenue Dock and on the Property.
Section 4. The City Manager is authorized to execute all documents necessary to
terminate any and all leases, easements, permits and licenses for the use or occupancy of the
F ourth Avenue Dock that were in effect on or before the effective date of this resolution, and to
cause such documents to be recorded as he deems necessary. The City Manager is further
authorized to execute an amendment to the Seward Lease and Dock License Agreement dated
July 28, 1993, between the City and the Alaska Marine Highway System, to provide for the
relocation of the ferry Tustumena and related depot facilities to the Alaska Railroad Dock.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th
day of April, 1995.
THE CITY OF SEWARD, ALASKA
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Dave W. Crane, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski
None
None
None
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-030
ATTEST:
(City Seal)
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PORT & HARBOR TARIFF
ORIGINAL PAGE ~
APPLICATION OF TARIFF
(a) GENERAL APPUCATION OF TARIFF:
Rates, charges, rules and regulations provided in this tariff will apply only
to persons and vessels using certain terminal facilities under the jurisdic-
tion and control of the City of Seward, merchandise received at or shipped
from the facilities or properties operated under the jurisdiction and control
of the City of Seward, and specifically to municipal docks, structures
appurtenant thereto and waterways under the management of the City of
Seward. The rates, charges, rules and regulations herein may apply to the
Seward Small Boat Harbor, the harbor bounded by the rubble breakwater
at the northwestern head of Resurrection Bay (Small Boat Harbor); the
Seward Marine Industrial Center (S:MIC), including yards, basin, docks,
dolphins, 250 ton travelift, and shiplift platform; and any other terminal
facilities under the jurisdiction and control of the City of Seward.
(b)
TARIFF EFFECTIVE:
Rates, charges, rules and regulations named in this tariff and any
additions, revisions, or supplements thereto shall apply to all vessels or
users and to all freight received at facilities subject to this tariff on and
after revisions, or supplements thereto. Unless otherwise specified all
transit freight received at terminals and undelivered prior to effective dates
of tariff, revisions, or supplements thereto, shall be charged the rates in
effect on the date such freight was received until entire lot or shipment has
been withdrawn.
(c) ACCEPTANCE OF TARIFF:
Use of the docks and terminal facilities of the City of Seward shall be
deemed an acceptance of this tariff and the terms and conditions named
herein.
Subsection
105
Original Tariff
City of Seward, Alaska
Effective Date: 01101194