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Sponsored by: Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 96-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO
PETITION THE ALASKA DEPARTMENT OF TRANSPORTATION
AND PUBLIC FACILITIES TO OPEN NEGOTIATIONS OF THE
BOAT HARBOR USE AGREEMENT
WHEREAS, the Seward Small Boat Harbor is owned by the State of Alaska; and
WHEREAS, the City of Seward operates the Small Boat Harbor under the terms of a
management agreement between the City and the State as provided by Resolution No. 94-192; and
WHEREAS, the City Council has determined that the agreement now in effect is not in the
best interest of the City of Seward and must be amended in accordance with Section 35,
Amendment, of the Agreement; and
WHEREAS, the City Council agrees that the State of Alaska has the right to input
concerning the disposition of revenue generated from State Harbor Facilities at the Seward Small
Boat Harbor; and
WHEREAS, the City Council cannot agree to the stipulation in the agreement requiring the
City to deposit in an account monies to guarantee major maintenance and repair of the State Facility
which is not based on revenue generated by the State Facility; and
WHEREAS, the agreement restricts local control and binds the City for ten years without
provision for just cause revisions on behalf of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The State of Alaska Department of Transportation and Public Facilities is hereby
urged to reopen negotiations of the Small Boat Harbor Management Agreement between the City
of Seward and the State to:
1.
Amend Section 12.1, Major Maintenance, Repair and Replacement Fund, to provide
for an annual deposit into the fund of 15% of net revenues generated from harbor
facilities owned by the State;
CITY OF SEWARD, ALASKA
RESOLUTION NO. 96-087
2. To add a new Section 35. I to provide a method of amending the Agreement upon
documentation of significant event(s) which negatively impact the City's ability to
carry out the requirements of the Agreement; and
3. To address issues in the Boat Harbor Use Agreement that will return control of the
Small Boat Harbor to the City of Seward.
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 8th day
ofJuly, 1996.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Crane, Deeter, King, Sieminski
None
Keil
None
ATTEST:
III S.
City Cler
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