HomeMy WebLinkAboutRes1998-130
Sponsored by: Janke
I
CITY OF SEWARD, ALASKA
RESOLUTION NO. 98-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, APPROVING A MUTUAL RELEASE AND
SETTLEMENT AGREEMENT WITH INLET FISHERIES, INC., AND
INLET FISH PRODUCERS, INC.
WHEREAS, the City of Seward has constructed public port facilities and other
public improvements at the Seward Marine Industrial Center; and
WHEREAS, during the fishing seasons of 1996, 1997, and 1998, Inlet Fisheries, Inc.
paid or owed wharfage tarifffees to the City of Seward at the rate of$35/ton for unprocessed
fish; and
I
WHEREAS, Inlet Fisheries, Inc. has asserted that it paid wharfage tariff fees under
protest at the published rate for unprocessed fish and that it is entitled to a partial refund of
the wharfage tariff fees paid for the period June 1996 through July 1998 because the
published rate for unprocessed fish effectively discriminated against fish not processed in the
City of Seward; and
WHEREAS, Inlet Fisheries, Inc. has asserted that it owes August 1998 wharfage
tariff fees at a rate no greater than the rate for cargo not- otherwise- specified; and
WHEREAS, the City disagrees with the contentions raised by Inlet Fisheries, Inc.;
and
WHEREAS, all parties agree to resolve the claims over wharfage tariff fees in the
manner described herein and understand that such resolution shall not constitute an
admission of wrong doing, misconduct, or liability on the part of any party and that the
settlement is made for the sole purpose of compromising, adjusting, and settling all claims
regarding 1996, 1997, and 1998 wharfage tarifffees; and
WHEREAS, the City of Seward must seek approval by the City of Seward City
Council of the attached Mutual Release and Settlement Agreement prior to the agreement
becoming effective;
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
CITY OF SEWARD, ALASKA
RESOLUTION NO. 98-130
Section 1. The City Manager or Acting City Manager is hereby authorized to settle
all claims relating to 1996, 1997, and 1998, wharfage tariff fees paid or owed by Inlet
Fisheries, Inc., or Inlet Fish Producers, Inc., by executing the Mutual Release and Settlement
Agreement in substantial form as attached hereto, with such agreement to be effective as of
the date set forth in the agreement. The City Council for the City of Seward hereby
determines that it is in the public interest to settle these matters rather than chance the
possibility of an unfavorable result before any court or administrative agency.
Section 2. The Funds necessary to fund the Mutual Release and Settlement
Agreement are hereby appropriated from the Harbor Enterprise Fund Retained Earnings,
account no. 401-0000-3050, to the East SMIC Dock Department, with the principal amount
of$125,219.75 being charged to Miscellaneous Expense, account no. 401-4140-5790 and
interest to October 1,1998 in the amount of$18,184.25 to Interest Expense, account no. 401-
4140-5780, and an estimated interest for the remainder ofFY 99 in the amount of$3,000 to
Interest Expense, account no. 401-4140-5780, and payment is hereby authorized in the
amount of $143,404.00, plus interest accruing at 10.5% per annum until date of payment.
The payment amount is payable by payment of $120,000, with the balance paid as credits
to be used by October 31, 2000, and applied against City of Seward charges or fees for
wharfage, vessel mooring, and lease payments. Credits remaining unused as of October 31,
2000 are to be paid in cash at such time subject to appropriation.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th
day of October, 1998.
;C;;;~ARD' ALAS~
~&~
Lowell R. Satin, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Blatchford, Callahan, Clark, Gage, Orr, Satin
None
King
None
ATTEST:
",,1111:"11._
:t.,.... _I .;)0;; l1- "'~'"
..... :<.." ..... '" '1'9. ","
~ c} ....o?-PO~';-.: ~ .~
~ :,..f.J ~.....~
:: :....., ......... <> .. ,>t
... . . ....
.. : S--:'lAL . ..
:o::r.., iGE
=,\ ---!::
'~ . .. -.
.. ',0. ,'t-. _ ~
-:. cJ'I... ".~I\'<: 1 '\~ .....L' ~
... .l"'"<(O ...... I .. ,.~ 6:~
""<:... '"'). _'"tr...,~....... 1\.."'';;;- ~...
~'..:" .. Jr'''''' ~ 'r ..'\,:
,,' .,~ "',,. \)11'. ,.,,\or< ."'.""
.......;..~ :J <t,\~"
"'-::.I;:'\V-..
(City Seal)