HomeMy WebLinkAboutORDINANCE 1585-1994M'
Suggested by:
City of Kenai
ORDZC~ ~0 • ~~BS~~~
City Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $435,OOn
IN THE GENERAL FUND FOR SETTLEMENT OF CLAIMS FOR U'T'ILITY
RELOCATIONS MADE BY' HOMER ELECTRIC AS80CIATION.
WHEREAS, the City of Kenai and Homer Electric Association
(HEAD have reached a settlement in a dispute regarding payment
to HEA for utility relocations, primarily for road
construction projects contracted by the City; and
WHEREAS, the settlement is subject to approval of the Kenai
City Council and the HEA Board of Directors; and
WHEREAS, the settlement payment of $435,000 is a result of
capital projects and may, therefore, be financed by the
Capital Improvement Reserve.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAi, ALASKA, that:
Section 1: Estimated revenues and appropriations be increased
as follows:
G-~~_ ~~
Increase Estimated Revenues:
Appropriation of Capital
Improvement Reserve $ 435,000
Increase Appropriations:
Non-Departmental - Claims
and Judgments $ 435,000
Section 2: By this appropriation, the Kenai City Council
approves of the settlement agreement, as generally outlined in
the March i6, 1994 document attached to this ordinance, and
the Council authorizes payment to be made to HEA.
C7
...
:. .
. ,
. .
.: , ..
_. .
,,~;
..,:
,,,
~~-
•
Ordinance No. 1585-94
Page Two
Introduced:
Adopted:
Ef festive s
~i
Approved by Finance:
(3/24/94) _.tR_...~..~
kl
•
April 6, 1994
April 6, 1994
April 6, 1994
.,
,.
.. ,.. ,
,, .....
...
°,.
,:,
PASSED SY THE COUNCIL, OF THE CITY OF KENAI, ALASEA, this 6tl~t
day of April, 1994.
.,.
March 16, 1994
Homer Electric Association, Inc. and the City of Kenai agree as
follows:
• The City will pay HEA the sum of $435,000 upon the dismissal
of the actions described below.
•~ The City will dismiss its appeal in the matter now pending
before the Supreme Court in Case No. 5-5840.
• HEA will dismiss its action against the City in Case No. 3KN-
83-461.
• Each side will bear its own coats and attorney's fees.
• This agreement is subject to the approval of the City Council
of the City of Kenai and the Board of Directors of HEA.
•j The parties will execute mutual releases of all claims
relating to the matters described above.
t
E~
/~
Tom Manninen