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Sponsored by: Hunt <br /> CITY OF SEWARD, ALASKA <br /> RESOLUTION 2012 -036 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, <br /> ALASKA, APPROPRIATING FUNDS FOR A LEGAL JUDGMENT WITH <br /> RBCA IN THE AMOUNT OF $92,399.13 <br /> WHEREAS, the City of Seward was named defendant in a lawsuit brought in 2008 against <br /> the City by the Resurrection Bay Conservation Alliance, et aL; and <br /> WHEREAS, the outcome of that lawsuit is that the City is now authorized to operate an <br /> industrial vessel repair and maintenance facility at the upland boat storage area and to discharge <br /> contaminated stormwater allowed by a National Pollutant Discharge Elimination System ( "NPDES ") <br /> permit, and the court agreed with the City that the City is not operating an industrial vessel repair and <br /> maintenance facility at the small boat harbor, and that the City is not discharging metals and other <br /> pollutants into Resurrection Bay, and that the City is not required to remove the alleged pollutants <br /> from the Bay that RBCA alleged to be present but admitted that there was no evidence; and <br /> WHEREAS, the court originally held that both parties would bear their own costs and fees in <br /> the matter; and <br /> WHEREAS, the plaintiffs appealed the matter twice and requested costs and attorney's fees <br /> since the outcome of the case required that the City of Seward take action (namely, to apply for a <br /> NPDES permit), and plaintiffs alleged that they prevailed on the matter and were, therefore, entitled <br /> to costs and fees; and <br /> WHEREAS, the United States District Court for the District of Alaska ruled on February 24, <br /> 2012 that attorney's fees and costs were to be awarded to RBCA, et al. in the amount of $92,399.13. <br /> or approximately 60% of the amount requested by RBCA, and the City is obliged to make such <br /> payment. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF SEWARD, ALASKA, that: <br /> Section 1. Funding in the amount of $92,399.13 is hereby appropriated from the Harbor <br /> Enterprise Fund Reserves Account 401- 0000 -3050 to Legal Settlement Account 401 - 4370 -5172. <br /> Section 2. The City Manager is hereby directed to make payment in the amount of <br /> $92,399.13 to RBCA, et al., in Case No. 3:06 -cv- 00224 -RRB, as mandated by the U.S. District <br /> Court for the District of Alaska. <br /> Section 3. This resolution shall take effect immediately upon its adoption. <br /> ice. <br />