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HomeMy WebLinkAboutRes1996-062 r , , Sponsored by Mayor and Council CITY OF SEWARD, ALASKA RESOLUTION NO. 96-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN AGREEMENT BETWEEN THE CITY OF SEWARD AND THE SISTERS OF PROVIDENCE, DBA PROVIDENCE ALASKA MEDICAL CENTER FOR THE LEASE, FINANCING, OPERATION AND MAINTENANCE OF THE PROVIDENCE SEWARD HEALTH CENTER 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 by 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,the City is the owner of certain real property and improvements described as: Lots One (1), Two (2), Three (3), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18), Marathon Addition to the Original Townsite of Seward, Alaska, according to Plat No. S-19; records of the Seward Recording District, Third Judicial District, State of Alaska. (the "Property"), on which the City now operates Seward General Hospital (the "Hospital"), and on which the Sisters of Providence in Washington, dba Providence Alaska Medical Center ("Providence") proposes to construct and operate the Providence Seward Health Center (the "PSHC"); and WHEREAS, changes in methods of delivering health care services, and continued increases in Hospital operating expenses above revenues, have required that the City change the manner in which the Hospital has been operated, and plan for the development of a new health care facility to efficiently serve the present health care needs ofthe residents of the City and the surrounding area; and WHEREAS, after numerous community surveys, public meetings, and public hearings, the council on March 26, 1996, adopted Resolution No. 96-040 accepting the terms and conditions of a proposed alliance between the Sisters of Providence in Washington, dba Providence Alaska Medical Center and Seward General Hospital (the "Proposed Alliance"); and WHEREAS, pursuant to Resolution No. 96-048 adopted on April 15, 1996, the following Proposition 1 was submitted to the qualified voters of the City at a special City election held on May 21, 1996: CITY OF SEWARD, ALASKA RESOLUTION NO. 96-062 Shall the City of Seward incur debt and issue general obligation bonds not to exceed $7,500,000 for the purpose of paying a portion of the costs of constructing and acquiring health care center capital improvements within the City, and shall the City enter into an agreement with the Sisters of Providence in Washington, dba Providence Alaska Medical Center, for the lease of Seward General Hospital and the construction, lease, and operation of a new health care center, substantially on the terms contatined in the Proposed Alliance between the City and Sisters of Providence in Wahsington, dba Providence Alaska Medical Center, approved in Resolution No. 96-040 of the City? The bonds shall be secured by a pledge of the full faith and credit of the City. It is expected that annual payments of principal and interest on the bonds will not exceed the annual amount to be received by the City from the one percent sales tax levied by City Ordinance No. 507, which was ratified by the qualified voters of the City on April 20, 1982. and said Proposition 1 was approved by a majority of the qualified voters voting on the question, said election having been duly canvassed and the results thereof certified and confirmed in accordance with law; and WHEREAS, the City has negotiated with Providence a Lease and Operating Aggreement (the "Agreement") providing for the lease, financing, operation, and maintenance of the Hospital and the PSHC, substantially on the terms contained in the Proposed Alliance; and WHEREAS, the City considers that the leasing, financing, operation, and maintenance of the Hospital and the PSH C under the terms of the Agreement is in the best interest, and will promote the public purposes, of the City; and WHEREAS, there has been presented to the City the form of the Agreement, which is entitled "Lease and Operating Agreement," and it appears that this document, which now is before the City, is in appropriate form and is an appropriate instrwnent for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Based upon overwhelming public support for an alliance between the City and Providence in responses to a survey of residents of the City and the surrounding area conducted on October 3,1995, and the approval of Proposition 1 by the qualified voters of the City at the May 21, r , , CITY OF SEWARD, ALASKA RESOLUTION NO. 96-062 1996, special City election, the council finds and determines that the public interest would be best served by not requiring competitive bids or proposals before the City enters into the Agreement. Section 2. The real property to be disposed of under this Resolution consists of an interest in the following described real property: Lots One (1), Two (2), Three (3), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18), Marathon Addition to the Original Townsite of Seward, Alaska, according to Plat No. S-19; records of the Seward Recording District, Third Judicial District, State of Alaska, which interest is described in Section 3 of this resolution. Section 3. The disposition of an interest in the Property by negotiation to Providence under the terms of the Agreement is hereby approved. The public interest will not be served by an appraisal of the interest in real property whose disposal is approved by this Resolution, and such appraisal is hereby waived. Section 4. The form and content of the Agreement hereby are in all respects authorized, approved, and confirmed, and the city manager is authorized, empowered and directed to execute and deliver said document to the counterparty for and on behalf of the City in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to him seem necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of the approval of any and all changes, modifications, additions or deletions therein from the form and content of the said document now before this meeting, and from and after the execution and delivery of the said document, the city manager and city clerk each is hereby authorized, empowered and directed to do all acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of the said document as executed. Section 5. The city manager, city clerk or any other person authorized by the City each hereby is authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution.. Section 6. This resolution shall take effect thirty (30) days after passage and posting as required by law. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 28th day of May, 1996. CITY OF SEWARD, ALASKA RESOLUTION NO. 96-062 THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Keil, King, Sieminski None Deeter None ATTEST: (City ~t)~t~;ll'/~ '!oi~ ~'\t~ ,. ....-~ "'~"'J. ..,,, ~"';...: ," .....or'" ... r~ ......... '..' '" ,:: v' .~': ;" ?; .;. '. ","~'. *1. It,j ~~. '.,f> ~ ~ ~ ~ ,~ ~ ::". '" :. '\1 : N, .c;lOl ~~ ~ f1 ;;: .. ... '" " ',:...,'~'.. 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