HomeMy WebLinkAbout12/27/00 AGENDA CITY COUNCIL MEETING AGENDA
DECEMBER 27, 2000
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
There are no Consent Agenda items this week...
~,~ CLAI S CH CK R [STER
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
9. NEW BUSINESS
A. Year-2001 Ambulance Rates for 911 Basic-Life-Support (BLS) Aid Calls (#AB00-296)
10. ORDINANCES
A. Ordinance (First Reading) Providing that all Violations not otherwise designated in the
BMC shall constitute a Misdemeanor (#AB00-297)
B. Ordinance (First Reading) Revising Chapter 2.49 of the BMC, Providing for City Council
Membership on Interview Panels for Certain Employees (#AB00-298)
11. RESOLUTIONS
A. Resolution No. 2788, Authorizing the City to Receive a State Revolving Fund (SRF) Loan
Agreement Anderson Cove CSO Reduction Facilities (#AB00-299)
B. Resolution No. 2789, Setting a Hearing Date of January 24, 2001 for Vacating the North
35 Feet of the Alley North of 11th Street Place between Pleasant Avenue and Highland
Avenue (#AB00-300)
C. Resolution No. 2790, Setting a Hearing Date of January 24, 2001 for Vacating a Portion of
Chester Avenue North of 13th Street (#AB00-301)
D. Resolution No. 2791, Setting a Hearing Date of January 24, 2001 for Vacating a Portion of
15th Street, located West of Warren Avenue and East of Broadway Avenue (#AB00-302)
12. ADJOURNMENT OF MEETING
CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIATELY
FOLLOWING THE REGULAR MEETING FOR A STUDY SESSION ON THE PROPOSED
"GOVERNMENT CENTER".
BEFORE THE CITY COUNCIL
OF THE CITY OF BREMERTON
In re )
DETERMINATION OF ) Appeal PL00-0057
NONSIGNIFICANCE )
FOR SHORE DRIVE REZONE ) ORDER
FROM SF-3 TO SF-3 SD )
PROJECT NO. PL00-0055 )
The Bremerton City Council, having heard this matter in open session and being
otherwise fully advised, finds, concludes, and orders as follows:
FINDING OF FACT
1. This is an appeal of a Determination of Non-significance (DNS) issued by the City of
Bremerton on October 13, 2000. The Bremerton Municipal Code (BMC) at section
21.02.935 (b) provides authorization for appeal of Type II Administrative decisions. Type
II Administrative decisions are defined at BMC Section 21.02.845 and includes (2) SEPA
Determination. BMC section 21.12.240 provides for the adoption of Washington
Administrative Code 197-11.
2. The referenced Determination of Non-Significance ( DNS ) was issued for the city proposal to
revise the SF-3 Zone street-side setback from 15 feet ( 20 garage) to a blanket 5 feet setback
along a portion of Shoredrive.
3. An appeal of the DNS was filed with the City on October 18, 2000 signed by Paul Scheyer
and Helen Miller. It sought a review of the DNS because of a: "Failure to evaluate the
cumulative impact of additional requests for similar actions in Bremerton" and indicated the
relief requested was that an EIS would be required. No other information was submitted with
the written appeal.
4. The Determination of Non-significance was issued based upon a completed Environmental
Checklist in the format required by the WAC 197-11-960 prepared as noted on its face page
section A4 on October 5, 2000. The Date of Signature section C indicates it was signed
October 18, 2000.
5. Notice of the appeal hearing was published November 8, 2000, and posted, and mailed
November 3, 2000. The hearing was originally scheduled for November 15, 2000. Then
Rescheduled for December 20, 2000. Notice of the rescheduled hearing was published
December 2, 2000.
6. At hearing city staff.prepared and presented a staff report in the format required by the city
council, The report was hand delivered to the appellant prior to the heating. The staff report
included a summary statement, the DNS, the Proposed Zoning map, the SEPA checklist, the
petitions of property owners requesting the change, and the applicants appeal.
7. The staff summary statement reviewed the requirements for all Environmental review as set
forth in WAC 197-11-060 as the applicable criteria for review and specifically WAC 197-11-
060 section( c ) (optional) which authorizes jurisdictions to analyze impacts of similar
actions that have common aspects such as "geography." And that further states, "this section
does not require agencies or applicants to analyze similar actions in a single environmental
document or require applicant to prepare environmental documents on proposals other then
their own."
8. Additional information provided pertaining to the number of lots developed in the Shoredrive
geographical area indicated that most of the lots were developed before existing zoning as
shown on a photo from 1978. Staff also indicated that it had reviewed the county assessors
information during its preparation of the Check list. Assessors review indicated that about 55
lots are in the area and that of those, 44 have houses and garages. A site inspection by staff
indicated that most of these would not meet current setbacks. Two houses appear to meet the
current setbacks. Only about 6 lots are vacant on which new structures may be proposed. 'The
checklist impacts analyzed included potential additions on the existing houses, new houses
on the vacant lots as well as reconstruction of new houses under the revised standard
according to the requirements for permitting and environmental checklist review.
9. Also considered in the staff report, as well as required for review in all environmental reviews
is other information that may be available to the appropriate official. The staff report identifies
that the City of Bremerton Comprehensive plan and its Environmental Impact Analysis
considered the impact of redevelopment within the city and identifies its preferred strategy for
redevelopment and infill of 7000 city lots in order to provide for anticipated growth of 20,000
additional persons in the twenty year plan (1995-2015). Future individual site plan and
building plans will also provide for additional on- site review impact analysis.
10 At hearing the appellants were repeatedly requested to provide any substantiating
information as to the environmental impact within the geographical area that were not
considered by the use of the checklist. Appellants raised procedural issues including the timing
of the checklist signature and date of the DNS, storm drainage and safety as concerns but
without any supporting documentation.
11. The Checklist Section A4 indicates that it was prepared on October 5 prior to the DNS
Publication on October 13, 2000. Staff indicated that normally the final review is completed
at~er publication when signed on October 18, 2000 to allow for inclusion of public comments
if any.
12. Storm drainage was a part of the checklist. Legal staff advised that safety issues have to do
with the ordinance adoption, rather than the adequacy of the analysis of the environment and
that the ordinance is not the subject of this appeal.
Conclusions
1. Staff accomplished the Checklist on October 5, 2000 prior to the Determination of Non-
Significance such that the review was done in a timely manner.
2. The DNS and Checklist review relevant environmental concerns as required under WAC
197-11 for the staff proposal and is not required to review other areas as requested by
appellant as per 197-11-060 section( c ).
3. The appropriate official has reviewed the impacts in relationship to the Requirements of WAC
197-11 as required by the Bremerton Municipal Code, the City Comprehensive Plan,
Environmental Impact Statement and existing city mitigating process including building
permits and shoreline requirements.
4. WAC 197-11-680 (d) (viii) provides that the responsible official's decision shall be entitled to
substantial weight. Appellants have provided only their opinions without substantiated
evidence of any kind that environmental impacts will be significant.
And the City Council having fully considered this matter,
NOW TI-[ERFORE, it is ORDERED, ADIUDGED AND DECREED AS FOLLOWS:
Action by the City of Bremerton Building and Planning Department Director is AFFIRMED
Appellants request for review of the Determination of Non-Significance Appeal PL00-0057
is DENIED.
Dated this 20 day of December.
BREMERTON CITY COUNCIL
Carol Arends, Council President
Attest
City Clerk
Approved as to form
City Attorney
DNS appeal order PL00-0057.Doc
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: 2001 Ambulance Rates FOR AGENDA OF: 12-27-00
for 911 BLS ORIGINATING DEPT: Admin Services
ORIGINATOR: Paula Johnston
DATE SUBMITTED: 12-20-00
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary)
D~i~~~ a) Rate Comparison Table
Admin
Services
Fire Chief D~---~_2~L~'-~ ~ b) Letters and Surveys from
~iscal/Budget ~!~~~ ~ i Ambulance Companies
MAYoRENDORSEMENT~~ ,INFOp.~TION__ APPROVEDcouNciLBY PRESIDENTCOUNCIL PRESIDENT~.&~]~ ~' FORtune__SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Pursuant to the ambulance regulatory ordinance, ambulance rates charged
for 911 BLS aid calls must be approved by Council. Both local
companies, Olympic and Bremerton, have submitted requests for rate
increases for 911 BLS calls to be effective January 1, 2001. Clerk
staff has surveyed regional ambulance companies for comparable rates.
Ail surveyed companies have raised their rates since 2000 for BLS, and
the array of products and services they provide.
8. RECOMMENDATION:
Move to approve a 5% rate increase for 911 BLS rates charged by Olympic
and Bremerton Ambulance Companies.
9. RESPONSIBLE OFFICIAL: Admin Services
ENFORCEMENT OFFICIAL: Admin Services
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION 9 NA
PULLED TABLED APPROVED DISAPPROVED E
COUNCIL DIRECTIVE: DATE:
1!. AGENDA BILL NO: ~~ J~'&
2. CLEARANCE COMMENTS (cont.):
41 SUMMARY STATEMENT (cont.):
IMPACT ON NON-PASSAGE: Rates will remain at 2000 levels.
2000 BLS rates will remain in effect.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
OLYMPIC AND BREMERTON AMBULANCE CO.'S 2001 RATE INCREASE
PROPOSAL
Olympic/Bremerton Olympic/Bremerton 2001 Approved American Medical
Description Ambulance 2000 Ambulance Proposed Rural Metro Cascade Ambulance North Kitsap Fire Kitsap County Central Kitsap Mason County
Rates 2001 Rates Rates Response & Rescue Distdct 7 Fire & Rescue Medic One
BLS Discounted Base Rate $ 237.30 $ 249.17 $ 343.00 $ 354.00 $ 325.00 $ 250.00 $ 300.00 $ 325,00 $ 525.00
BLS BaseRate $ 254.65 $ 267,38 $ 343.00 $ 354.00 $ 325,00 $ 250.00 $ 300.00 $ 325,00 $ 525,00
Mileage (Loaded Patient) $ 11.00 $ 11,55 $ 12,00 $ 15.00 $ 11.00 $ 8.50 $ 5.00 $ 7.00 $ 9,00
Nght Charge 7:00--p.m - 7:00a,m. $ 34,75 $ 36.49 ? $ 35.00 $ incl. BLS incl. BLS incl, BLS $ 55.00
Wait Time per minute $ 2,10 $ 2.21 ? $ 5.00 $55,10 per 30min incl. BLS incl. BLS incl. BLS $ 1.00
Second Attendant $ 57.90 $ 60.80 '~ $ $ 70.00 incl. BLS incl. BLS incl. BLS $ 100.00
Qxygen $ 40.55 $ 42.58 $ 60.00 $ 50.00 $ 45.50 incl. BLS incl. BLS $ 25.00 $ 50.00
each patient each patient billed 200.00 per patient plu~ Base rate & split
Two Patients $ 127.35 $ 133.72 billed separately separately mileage and extras incl. BLS incl, BLS incl, BLS mileage
Sit-up $ 69.45 $ 72.92 ? unavailable $ incl. BLS incl, BLS incl. BLS $
Suction/Tube $ 25,45 $ 26.72 '~ $ 16.00 $ 34.29 incl. BLS incl. BLS incl. BLS $ 10.00
OB Kit $ 29,00 $ 30.45 ? $ 77.50 $ 21.83 incl. BLS incl. BLS incl. BLS $ 40.00
Burn Kit $ 29,00 $ 30.45 ? $ 50.86 $ 24.81 incl. BLS incl. BLS incl. BLS $ 12.00
Cervical Collar $ 28,98 $ 30.43 $ 53.00 $ 50.26 incl. BLS incl. BLS incl, BLS $ 20.00 $ 28.00
Gloves/Mask $ 6.95 $ 7.30 ? $ 3.50 incl. BLS incl. BLS incl. BLS incl. BLS $ 3.00
Dressings $ 11,60 $ 12.18 ? $3.58-$16.00 incl. BLS incl. BLS incl. BLS incl. BLS $ 11,50
Triangular Bandages $ 6.95 $ 7.30 ? $ 12,76 incl. BLS incl. BLS incl. BLS incl, BLS $ 4,50
Hot/Cold Packs $ 6.95 $ 7,30 ? $12.18-$13.92 incl, BLS incl. BLS incl, BLS incl. BLS $ 7.50
Spinal Immobilization $ 40.55 $ 42,58 $ 60.00 $ 48.00 $ incl. BLS incl. BLS $ 20.00 $ 40,00
charges each supply
IV Monitor $ 57,90 $ 60.80 separately $ 30.00 $ incl. BLS incl, BLS $ 15.00 $ 40.25
Rural Metro--Candy Berton 425-672-3555 x 709 non subsidized
American Medical Response-Brant Butte--206-444-4471 non subsidized
Cascade Ambulance--Anson 800-244-8642 non subsidized
North Kitsap Fire & Rescue-Dan Smith 297-3619 subsidized
Kitsap County Fire District 7--Cliff Wilson 871-2411 subsidized
Central Kitsap Fire & Rescue-Gary Eddings 307-7974 subsidized
Mason County Medic One-Mary Gregory 360-426-3403 non subsidized
2515 Cherry Place. P.O. Box 2437
Bremerton, WA 98310
(360) 377-7777 · 1-800-445-2257
November 29, 2000
Kathleen McCluskey, City Clerk
Director of Administrative Services
City of Bremerton
239 Fourth Street
Bremerton, WA 98310
Dear Ms. McCluskey:
Olympic Ambulance is requesting approval of a 5% rate increase to our 2001 rates.
Enclosed is a comparative list of rates from other ambulance providers.
Along with rising costs, Medicare is imposing a nationwide fee schedule that will have a
significant impact to many ambulance providers, including Olympic Ambulance. In
years past we have met with Council corn~nittees to discuss rate increases. I would
appreciate the opportunity to give a brief presentation to Council committees about how
Medicare's fee schedule will impact our business. Please let me know if this is
acceptable.
Sincerely,
Bill Sterling,
Director of Customer Service
BREMERTON AM/BULANCE
2_515 Cherry Place · Bremerton, WA 98310
(360) 377-7777 · Fax (360) 479-6210
November 29, 2000
Kathleen McCluskey, City Clerk
Director of Administrative Services
City of Bremerton
239 Fourth Street
Bremerton, WA 98310
Dear Ms. McCluskey:
Bremerton Ambulance is submitting a proposed rate increase for implementation January
1, 2001. The new schedule reflects a 5% increase over the rates we currently charge.
This increase will offset increases in fuel, labor costs, Kitsap County Emergency Services
Council support, as well as the Medicare fee schedule that will be implemented January
1, 2001.
With the 5% increase Bremerton Ambulance will remain one of the lowest priced, non-
subsidized services in the State of Washington.
Sincerely,
Branch Director
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Provision for designation FOR AGENDA: December 27, 2000
of violations of the BMC as misdemeanors ORIGINATING DEPT: City Council
unless otherwise designated. ORIGINATOR: Glenna Malanca
DATE SUBMITTED: December 19,2000
2. CLEARANCES: (Cqmment on back if necessary) 3. EXHIBITS:
(~~~._-- ~~~ c_.~ Ordinance No. 4625
(G~A MAL~,r4gA,
~oUTN-.C~ ~)'P~RA4IoNs ' C oMMI~TEE
trfSCAL & BlffDGET COMMITTEE
ENDORSEMENT [-] INFORMATION [-] APPROVED FOR SUBMITTAL:
MAYOR COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
When Ordinance No. 4625 was passed by City Council in June 1999, an existing provision
relating to designation of code violations as misdemeanors if not otherwise specified was deleted.
this proposed amendment of Ordinance No. 4652and BMC Section 1.12.010 will correctthe ommission.
5. RECOMMENDATION:
Move to approve on first reading Ordinance No. , providing that all violations not otherwise
designated in the BMC shall constitute a misdemeanor.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED [--] TABLED ~] APPROVED ~] DISAPPROVED [-~COUNCiL DIRECTIVE: AMEND1 0
8. AGENDA BILL NO.: ~)~)
9. IMPACT OF NON-PASSAGE:
Certain violations of the Bremerton Municipal Code will not be enforceable because
the nature of the violation and penalty are not provided.
10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
None.
11. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE amending Ordinance No. 4652 and Chapter 1.12 of the Bremerton
Municipal Code by providing that violations of the Bremerton Municipal Code not
designated as either a crime or a civil infraction shall constitute a criminal misdemeanor.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1. Amendment. Section 1 of Ordinance No. 4652, Bremerton Municipal Code
Section 1.12.010, is hereby amended to read as follows:
1,12.010 TYPES OF VIOLATIONS.
1. Every act, or failure to act, that is contrary to this Code shall be a Code violation.
Code violations shall be civil infractions or criminal misdemeanors and gross misdemeanors, as
established by the respective Code provisions. Any violation not otherwise designated shall
constitute a criminal misdemeanor. If a Code provision so provides, a violation may be cited as
either criminal or civil at the discretion of the enforcement officer.
2. Criminal violations shall be charged by the City Prosecutor and processed in the
Municipal Court pursuant to the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ).
3. Civil violation cases shall be initiated either: (a) by a Notice of Infraction issued,
served, and filed by either the enforcement officer or the City Prosecutor or City Attorney, or (b)
by a Complaint filed by either the City Prosecutor or City Attorney. Civil violations shall be
processed in the Municipal Court pursuant to RCW Chapter 7.80, so far as it is not inconsistent
with this Chapter, and pursuant to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ),
so far as they are not inconsistent with this Chapter and with RCW Chapter 7.80.
4. Each day a violation continues shall be a separate violation and may be cited,
complained of, or charged as such.
5. The Municipal Court shall have the authority to adopt such local rules it deems
necessary to process cases pursuant to this Chapter.
SECTION 2. Effective Date. This ordinance shall take effect ten (10) days from passage and
publication.
APPROVED by the City Council on the first reading this ~ day of ,2000.
PASSED by the City Council of the City of Bremerton this __ day of ,2000.
CAROL ARENDS
Council President
APPROVED this __day of ,2000.
8
LYNN S. HORTON
Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Amendment to Chapter2.49 of the FORAGENDA: DECEMBER 27, 2000
Bremerton Municipal Code providing for City ORIGINATING DEPT: City Council
Council membership on interview panels for ORIGINATOR: John Law, Council Member
certain employees DATE SUBMITTED: November 20, 2000
2. C~RANCES: (Co,ghent on back if necessary) 3. EXHIBITS:
~:~~~:~--~~' (_ c, ~- - Proposed O rd iance No.
CO..UI~IL OPERATIONS COMMITTEE
~'~AL '~BI.~D~:T COMMITTEE
ENDORSEMENT [~ INFORMATION [~] APPROVED FOR SUBMITTAL:
MAYOR COUNCIL PRESIDENT ~"~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The proposed amendments to Chapter 2.49 BMC provide for City Council participation in the selection
process of candidates for positions requiring City Council confirmation. Also provided is City
Council confirmation of provisional appointments of candidates not meeting minimum requirements of
a position subject to Section 2.49.010.
5. RECOMMENDATION:
1.
Move to approve Ordinance No. at first reading.
2.
Move to pass Ordinance No. at second reading.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION: I 0
PULLED ['-'1 TABLED I~ APPROVED [~] DISAPPROVED [-] AMENDl~I
COUNCIL DIRECTIVE:
16
9. IMPACT OF NON-PASSAGE:
City Council will continue to have no representation or participation in the selection of administrative heads and
other selected employees of the City prior to City Council conf'u'mation.
10. IMPACT ON STAFFING~ BUDGETS: FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
None.
11. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE revising Chapter 2.49 of the Bremerton Municipal Code,
specifying City Council confirmations of all regular administrative heads of the City and
other identified employees; and providing for City Council representation on interview
panels for the selection of all regular administrative heads of the City and other
identified employees.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1. Revision. Chapter 2.49 of the Bremerton Municipal Code is
hereby revised to read as follows:
2.49.010 CONFIRMATION OF APPOINTEES TO NONUNION MANAGEMENT
POSITIONS. As authorized by the Bremerton City Charter, the City Council will confirm
the appointment of all regular administrative heads of the City. For purposes of this
Chapter, administrative heads include: City Attorney, Fire Chief, Police Chief, Director of
Building and Planning, Building Official, Director of Administrative Services/City Clerk,
Human Resources Manager, Director of Parks and Recreation, City Engineer, Director
Of Public Works, Civil Service Officer, Economic Development Director or an individual
retained by the City to provide substantial Economic Development services, and
Treasurer. Confirmation will also be required for the director or manager of a new
department created subsequent to the passage of this ordinance. See Section 2.49.040
for confirmations of certain provisional administrative heads.
2.49.020 INTERVIEW PANELS. Candidates selected for final consideration for
positions subject to Section 2.49.010 shall be interviewed by a panel consistinq of at
least one City Council member on panels comprised of less than five individuals, and at
least two City Council members on panels comprised of five or more individuals. The
participatinR City Council members shall be appointed by the Council President upon
notice and informal concurrence of City Council.
2.49.030 QUALIFICATIONS AND FUNCTIONS,
(a) Position descriptions shall be established by the Human Resources Department
for each nonunion management employee. These position descriptions shall include:
(1) An outline of the employee's position, showing his or her designated
responsibilities and limits of authority.
(2) The special skills, knowledge, education and/or experience the manager
shall possess as a prerequisite to being considered for the position.
(b) Prior to the hiring of any nonunion management employee, the position
description set forth in subsection (a) of this section shall have been reviewed by
the Human Resources Manger and the City Council, and approval acknowledged
with the signature of the Council President.
2.49.040 TIME LIMIT ON PROVISIONAL APPOINTMENTS. No provisional
appointment to a position requiring council confirmation shall extend beyond one
hundred twenty days from the date of appointment without the consent of the City
Council. City Council confirmation of a provisional appointment is required in the event
of a proposed provisional appointment of an individual who does not meet the
established minimum qualifications for a position subiect to Section 2.49.010. This
provision does not apply to positions subject to civil service rules. A copy of the
proposed provisional appointment and the candidate's qualifications shall be sent by the
Mayor to the City Council at least five (5) business days prior to the appointment.
2.49.050 MANAGER CONTRACTS. All regular, as opposed to provisional civil
service exempt nonunion management, personnel employed by the City from the date
of the passage of the ordinance codified in this chapter forward, shall sign a
management contract. The standard form of the management contract shall have been
approved by the City Council and shall contain, at a minimum, a provision for
termination of the employee without cause, subiect to Section 2.49.060. Nothing in this
section shall be construed to require council confirmation of individual management
contracts after the form of the contract has received council approval. An informational
copy of all standard management contracts shall be forwarded to the council budget
and finance committee after execution.
2.49.060 REMOVAL. Except as provided otherwise in the City Charter, all
nonunion management personnel who are exempt from the operation of civil service
shall be at will employees and the Mayor may terminate them without cause at any time,
with no notice or hearing required.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from
passage and publication.
APPROVEDby the City Council on the first reading this ~ day of
,2000.
PASSED by the City Council of the City of Bremerton this ~ day of
,2000.
CAROL ARENDS
Council President
APPROVED this day of ,2000.
LYNN S. HORTON
Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
AGENDA BILL
BREMERTON CITY COUNCIL
RESOLUTION # a7 FOR AGENDA OF: December 27, 2000
1.
SUBJECT:
AUTHORIZING THE CITY TO RECEIVE A STATE ORIGINATING DEPT: Public Works & Utils
REVOLVING FUND (SRF) LOAN ORIGINATOR: W. E. Sampley, Director
Public Works and Utils
DATE SUBMITTED: December 12, 2000
2. CL~ .ARAI~C~ (Comment on back 3. EXHIBITS:
///~[4~i~ 1. Redo lution # oq'7g, f~
,,x irector o_ .f~gl~lic W~tilities 2. S~ Lo~ A~eement for Anderson Cove CS0
%%~~~ Reduction Facilities
City'Treasurer , ~~..
~cil Fi~ B~get Com~~
Councd ~tmns Comm~tt~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City applied for and received Loan funding for partial reimbursement of costs for design and construction of CSO
reduction improvements in the Anderson Cove Basin. This loan will fund approximately 60% of the total cost of this
project. State regulations require that a resolution be approved for this loan in order to receive these funds.
5. RECOMMENDATION:
I MOVE to pass Resolution # 2'7 ~ ~ , which approves a State Revol vi ng Fund (SRF) Loan Agreement
for Anderson Cove CS0 Reduction Facilities.
9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
( REVIEW DATE:
10. NOTICE OF ACTION
PULLED [1 TABLED 11 APPROVED [] DISAPPROVED [1 AMENDED [l I I /~
I
1
COUNCIL DIRECTIVE:
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
5. IMPACT ON NON-PASSAGE:
The City would not receive the proposed loan.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: No Impact.
Budget: This loan reimburses the city for a portion of the cost to design and construct these necessary
CSO Reduction activities.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES:
RESOLUTION NO. ~,~ 7 ~ ?
A RESOLUTION approving a State Revolving
Fund Loan for the Anderson Cove CSO Reduction
Facilities.
WHEREAS, the Department of Ecology, a Washington State Agency, has
established a State Revolving Fund (SRF) for providing financial assistance for partial
reimbursement for the Design and Construction of the Anderson Cove CSO Reduction
Facilities; and
WHEREAS, the City of Bremerton desires to participate in the loan from said
SRF; and
WHEREAS, a requirement to participate requires a resolution of the governing
body authorizing the City of Bremerton to receive a SRF loan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BREMERTON THAT:
Section 1. The City of Bremerton desires to participate in the SRF Loan Program.
Section 2. The City Council of the City of Bremerton does hereby authorize the City of
Bremerton to receive a SRF Loan and to take such other actions as are necessary and
relevant to the SRF Loan Program.
PASSED by the City Concil of the City of Bremerton this day of
,2000.
CAROL ARENDS, Council President
WASHINGTON STATE
DEPARTMENT OF
ECOLOGY
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND THE
CITY OF BREMERTON
Project Title: Anderson Cove CSO Reduction Facilities
Loan No.:
Loan Amount: $959,573
Interest Rate: 1.5%
Loan Term: 20 Years
Effective:
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND THE
CITY OF BREMERTON
Table of Contents
Page
I. THE PARTIES ................................................................................................................................ 1
A. RECIPIENT Information ........................................................................................................... 1
B. DEPARTMENT Information ..................................................................................................... 1
C. Changes to Contact Information ................................................................................................. 2
II. AUTHORITY ................................................................................................................................. 2
A. Authority of RECIPIENT ........................................................................................................... 2
B. Opinion of RECIPIENT's Legal Counsel .................................................................................. 2
III. TERM OF AGREEMENT .............................................................................................................. 2
IV. THE PROJECT ............................................................................................................................... 3
A. PROJECT Description ............................................................................................................... 3
B. Scope of Work ............................................................................................................................ 3
C. PROJECT Budget ...................................................................................................................... 3
D. Sources of Funds for the PROJECT ........................................................................................... 3
E. PROJECT Schedule ................................................................................................................... 4
V. THE LOAN ..................................................................................................................................... 4
A. Source and Availability; LOAN Amounts; LOAN Terms ......................................................... 4
B. Requests for Payment ................................................................................................................. 5
C. Sources of LOAN Repayment .................................................................................................... 5
D. Method and Conditions on Repayments .................................................................................... 6
VI. REPRESENTATIONS AND WARRANTIES ............................................................................... 7
A. Existence; Authority ................................................................................................................... 7
B. Application; Material Information ............................................................................................. 7
C. Litigation; Authority .................................................................................................................. 8
D. Not an Excess Indebtedness ....................................................................................................... 8
E. Not a General Obligation .......................................................... Error! Bookmark not defined.
F. Due Regard ................................................................................................................................. 8
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City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
VII. COVENANTS AND AGREEMENTS ........................................................................................... 8
A. Acceptance ................................................................................................................................. 8
B. Accounts and Records ................................................................................................................ 8
C. Alteration and Eligibility of PROJECT ..................................................................................... 8
D. Pledge of Net Revenue[ and ULID Assessments in the ULID] ................................................. 9
E. Maintenance and Operation of Utility ........................................................................................ 9
F. Collection of ULID Assessments .............................................. Error! Bookmark not defined.
G. Coverage Requirement ............................................................................................................... 9
H. Reserve Requirement ................................................................................................................. 9
I. Free Service ................................................................................................................................ 9
J. Sale or Disposition of Utility ..................................................................................................... 9
K. Insurance .................................................................................................................................. 10
L. Levy and Collection of Taxes ................................................... Error! Bookmark not defined.
VIII. TERMINATION AND DEFAULT; REMEDIES ........................................................................ 10
A. Termination and Default Events ............................................................................................... 10
B. Procedures for Termination ...................................................................................................... 11
C. Termination and Default Remedies .......................................................................................... 11
IX. MODIFICATIONS TO AGREEMENT ....................................................................................... 12
X. ALL AGREEMENTS CONTAINED HEREIN ........................................................................... 13
ATTACHMENT 1. DOCUMENTS INCORPORATED BY ATTACHMENT OR BY REFERENCE
ATTACHMENT 2. AGREEMENT DEFINITIONS
ATTACHMENT 3. AUTHORIZING ORDINANCE OR RESOLUTION
ATTACHMENT 4. OPINION OF RECIPIENT'S LEGAL COUNSEL
ATTACHMENT 5. SCOPE OF WORK
ATTACHMENT 6. SPECIAL TERMS AND CONDITIONS
ATTACHMENT 7. LOAN GENERAL TERMS AND CONDITIONS
ATTACHMENT 8. LOAN REPAYMENT SCHEDULE
- ii -
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND THE
CITY OF BREMERTON
FOR
ANDERSON COVE CSO REDUCTION FACILITIES
THIS is a binding loan agreement entered into by and between the state of Washington, Department of
Ecology (the "DEPARTMENT"), and the city of Bremerton (the "RECIPIENT"). The purpose of this
loan agreement (the "AGREEMENT") is to provide funds to the RECIPIENT (the "LOAN") to carry
out the activities described herein (the "PROJECT").
This AGREEMENT consists of__ pages and eight (8) attachments. This AGREEMENT
incorporates by attachment and by reference the documents listed in ATTACHMENT 1.
Capitalized terms used, but not otherwise defined, in this AGREEMENT are defined in
ATTACHMENT 2.
I. THE PARTIES
A. RECIPIENT Information
Name and Address: City of Bremerton
239 Fourth Street
Bremerton, WA 98337
Contact: Thomas Knuckey, P.E.
Telephone Number: (360) 478-7976
E-Mail Address: tknuckey~ci.bremerton.wa.us
Fax Number: (360) 478-5398
Federal Taxpayer ID Number: 91-6001231
B. DEPARTMENT Information
Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
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City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
Project Manager/Engineer: Mike Dawda, P.E.
Water Quality Program
Washington State Department of Ecology
Address: 3190 - 160th Avenue S.E.
Bellevue, WA 98008-5452
Telephone Number: (425) 649-7027
E-Mail Address: mdaw461 ~ecy.wa.gov
Fax Number: (425) 649-7098
Financial Manager: Karen M. Beatty-Lee
Address: Financial Management Section
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Telephone Number: (360) 407-6549
E-Mail Address: kbea461 ~ecy.wa.gov
Fax Number: (360) 407-6426
Catalog of Federal Domestic Assistance Number: 66-458
C. Changes to Contact Information
The RECIPIENT may modify its Contact designated above, and the DEPARTMENT may modify its
Project Manager/Engineer or Financial Manager designated above, by letter to that effect mailed to the
others at the respective addresses shown in Sections I-A and I-B above.
II. AUTHORITY
A. Authority of RECIPIENT
This AGREEMENT is authorized (i) by the Constitution and laws of the state of Washington,
including the RECIPIENT's authority thereunder, and (ii) by the RECIPIENT pursuant to the
ordinance or resolution attached hereto as ATTACHMENT 3.
B. Opinion of RECIPIENT's Legal Counsel
The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and
substance of ATTACHMENT 4.
III. TERM OF AGREEMENT
The effective date of this AGREEMENT shall be the date this AGREEMENT is signed by the
DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of
this AGREEMENT without prior written authorization of the DEPARTMENT will be at the sole
expense and risk of the RECIPIENT. (see ATTACHMENT 6, SPECIAL TERMS AND
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City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
CONDITIONS, Paragraph K. - Refinancing).
This AGREEMENT shall remain in effect until the date of final repayment of the LOAN, unless
terminated earlier according to the provisions herein.
IV. THE PROJECT
A. PROJECT Description
The facilities constructed in this project will reduce Combined Sewer Overflow (CSO) events as
required for compliance with state regulations, court orders, and improvement of Puget Sound water
quality. This project will construct all facilities within Anderson Cove, except upgrading pump
stations CW-4 and the associated flow diversion.
B. Scope of Work
The RECIPIENT shall use the SRF loan to refinance costs associated with the facility planning, design
and construction of Anderson Cove CSO separation facilities.
The RECIPIENT shall ensure that the PROJECT is completed according to the details of this
AGREEMENT including, but not limited to, those contained in ATTACHMENT 5, "SCOPE OF
WORK," ATTACHMENT 6, "SPECIAL TERMS AND CONDITIONS," AND ATTACHMENT 7,
"LOAN GENERAL TERMS AND CONDITIONS."
No changes, additions, and/or deletions to the Scope of Work shall be authorized except by a formal
written amendment to this AGREEMENT made in accordance with Section IX hereof.
C. PROJECT Budget
Total Total Eligible SRF LOAN
Elements/Objects PROJECT PROJECT Cost AMOUNT
Cost
1. Facility Plan Development $ 100,000 $ 100,000 $
2. Design $ 300,000 $ 300,000
3. Basin8 $ 730,000 $ 730,000 $
4. Basin9 $ 40,000 $ 40,000 $
5. Basin 10 $ 30,000 $ 30,000 $
6. Basin 11 $ 20,000 $ 20,000 $
7. Basin l2 $ 355,000 $ 355,000 $
Totals $1,575,000 $1,575,000 $959,573
D. Sources of Funds for the PROJECT
SRF REFINANCE LOAN (FY 01) $959,573
Local Funds $615,427
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City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
Total $1,575,000
E. PROJECT Schedule
The RECIPIENT agrees to complete the PROJECT in accordance with the following schedule (the
"PROJECT Schedule"):
1. PROJECT Start Date: [Indicate Date] or [N/A]
2. PROJECT Completion Date: [Indicate Date] or [N/A]
Any changes to the PROJECT Schedule must be effected through a formal amendment to this
AGREEMENT as provided in Section IX hereof.
The useful life of the PROJECT is 20 years.
V. THE LOAN
A. Source and Availability; LOAN Amounts; LOAN Terms
DEPARTMENT Funding Source: Washington State Water Pollution Control Revolving Fund (SRF)
Subject to all of the terms, provisions, and conditions of this AGREEMENT, and subject to the
availability of federal and state funds, the DEPARTMENT will loan to the RECIPIENT the sum of
nine hundred fifty-nine thousand, five hundred seventy-three dollars ($959,573) (the "Estimated
LOAN Amount").
When the PROJECT Completion Date or the Initiation of Operation Date has occurred (if appropriate),
the DEPARTMENT and the RECIPIENT will execute an amendment to this AGREEMENT which
details the final LOAN amount (the "Final LOAN Amount"), and the DEPARTMENT will prepare a
final LOAN repayment schedule, substantially in the form of ATTACHMENT 8. The Final LOAN
Amount will be the combined total of actual disbursements and all accrued interest to the computation
date.
The Estimated LOAN Amount and the Final LOAN Amount (in either case, as applicable, a "LOAN
Amount") shall bear interest at the rate of 1.5% per annum, calculated on the basis of a 365-day year.
Interest on the Estimated LOAN Amount will accrue from and be calculated based on the date that
each payment is mailed to the RECIPIENT. The Final LOAN Amount shall be repaid semiannually
over a term of twenty (20) years, as provided in ATTACHMENT 8.
The DEPARTMENT will work closely with the RECIPIENT to review and evaluate the
RECIPIENT'S financial circumstances for an appropriate interest rate to address financial hardship
within applicable federal and state regulations as related to the eligible construction cost of the project
defined in this AGREEMENT. The review and evaluation will be based on the final eligible
construction costs and receipt of any additional state and/or federal grants and loans for the project.
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Loan No.
B. Request for Payment- (See ATTACHMENT 6, SPECIAL TERMS AND CONDITIONS,
Paragraph K. - Refinancing)
1. Procedure. Payments to the RECIPIENT shall be made on a reimbursable basis at least
quarterly and no more often than once per month. Each request for payment will be submitted by the
RECIPIENT, along with documentation of the expenses per the DEPARTMENT's ADMrNISTR~TIVE
REQUIREMENTS, on an A19-1A payment request form and other required forms provided by the
DEPARTMENT. Payment requests shall be submitted by the RECIPIENT to the Financial Manager
of the DEPARTMENT. Payments shall be made only for eligible PROJECT costs incurred and shall
not exceed thc Estimated LOAN Amount.
Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV.
A copy of this document shall be furnished to the RECIPIENT.
2. Period of Payment. Payments shall only be made for eligible costs of the PROJECT
pursuant to the AGREEMENT and performed after the effective date and prior to the expiration date of
the AGREEMENT, unless those dates are specifically modified in writing as provided in Section III or
pursuant to Section IX herein.
3. Ineligible Costs. If any audit identifies LOAN funds which were used to support ineligible
costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any
provision to the contrary herein.
4. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and
benefits of the RECIPIENT shall be allowed.
5. Certification. Each payment request shall constitute a certification by the RECIPIENT to
the effect that all representations and warranties made in this AGREEMENT remain true as of the date
of the request and that no adverse developments, affecting the financial condition of the RECIPIENT
or its ability to complete the PROJECT or to repay the principal of or interest on the LOAN, have
occurred since the date of this AGREEMENT. Any changes in the foregoing shall be specifically
disclosed in writing to the DEPARTMENT by the RECIPIENT in its request for payment.
C. Sources of LOAN Repayment
1. Nature of RECIPIENT'S Obligation. The obligation of the RECIPIENT to repay the
LOAN from the sources identified below and to perform and observe all of the other agreements and
obligations on its part contained herein shall be absolute and unconditional, and shall not be subject to
diminution by setoff, counterclaim, or abatement of any kind.
2. Revenue-Secured; Lien Position. This LOAN is a Revenue-Secured Debt of the
RECIPIENT's Utility. This LOAN shall constitute a lien and charge upon the Net Revenue junior and
subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. To secure
the repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with all of
the covenants and agreements herein including, but not limited to those, contained in Section VII of
Page 5 of__
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
this AGREEMENT.
3. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from
any funds legally available to it other than those pledged in Section V-C-2 hereof.
4. Defeasance of the LOAN; Refinancing or Additional Financing of the PROJECT. So long
as the DEPARTMENT shall hold this LOAN, the RECIPIENT shall not be entitled to, and shall not
effect, an economic Defeasance of the LOAN. The RECIPIENT also shall not refinance the
PROJECT, including making an advance refunding of the LOAN, or obtain grants or loans additional
to those listed in Section IV hereof to finance the PROJECT, without the written consent of the
DEPARTMENT.
If the RECIPIENT defeases or advance refunds the LOAN or obtains additional grants or loans for the
PROJECT without DEPARTMENT consent, it shall be required to use the proceeds thereof
immediately upon their receipt, together with other available RECIPIENT funds, to repay
(i) the LOAN Amount with interest, and
(ii) any other obligations of the RECIPIENT to the DEPARTMENT under this AGREEMENT,
unless in its sole discretion the DEPARTMENT finds that repayment from those additional sources
would not be in the public interest.
Failure to repay the LOAN Amount plus interest within the time specified in the DEPARTMENT's
notice to make such repayment shall incur Late Charges under Section V-D-2 and shall be treated as a
LOAN Default under Section VIII-A hereof.
D. Method and Conditions on Repayments - (See ATTACHMENT 6, SPECIAL TERMS AND
CONDITIONS, Paragraph K. - Refinancing)
1. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the
first semiannual payment of principal and interest on this LOAN shall be paid not later than the earlier
of
(i) one (1) year after the PROJECT Completion Date or Initiation of Operation Date, or
(ii) five (5) years from the first payment by the DEPARTMENT.
Equal payments shall be due every six months thereafter.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for
Washington State agencies, the payment shall be due on the next business day for Washington State
agencies.
Payments shall be mailed to:
Cashiering Section
Washington State Department of Ecology
Page 6 of__
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
P.O. Box 5128
Lacey, WA 98509-5128
No change to the amount of the semiannual principal and interest payments shall be made without a
formal amendment to this AGREEMENT. The RECIPIENT will continue to make semiannual
payments based on this AGREEMENT until the amendment is effective, at which time the
RECIPIENT's payments shall be made pursuant to the amended AGREEMENT.
2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the
DEPARTMENT pursuant to this AGREEMENT remains unpaid after it becomes due and payable, the
DEPARTMENT may assess a late charge (a "Late Charge"). The Late Charge shall be additional
interest at the rate of one percent per month, or fraction thereof, starting on the date the debt becomes
past due and continuing until the debt is paid in full. The RECIPIENT hereby agrees to pay such Late
Charge. Nothing contained herein affects the DEPARTMENT'S default rights in Section VIII-C of
this AGREEMENT.
3. Repa_smaent Limitations. Repayment of the LOAN is subject to the following additional
limitations, among others: those on Defeasance, refinancing and advance refunding, and additional
financing contained in Section V-C-4; and on termination, default and recovery of payments contained
in Section VIII hereof.
4. Prepayment of LOAN. So long as the DEPARTMENT shall hold this LOAN, the
RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the LOAN, or
any portion of the remaining unpaid principal balance of the LOAN Amount. Any prepayments on the
LOAN will be applied first to any accrued interest due, and then to the outstanding principal balance of
the LOAN Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and
accrued interest, the RECIPIENT shall first contact the DEPARTMENT's Cashiering Section.
VI. REPRESENTATIONS AND WARRANTIES
The RECIPIENT represents and warrants to the DEPARTMENT as follows:
A. Existence; Authority.
It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian tribe. It has full corporate power and authority to execute,
deliver, and perform all of its obligations under this AGREEMENT and to undertake the PROJECT
identified herein.
B. Application; Material Information.
All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with
its LOAN application were when made, and are as of the date the RECIPIENT executes this
AGREEMENT, true and correct. There is no material adverse information relating to the RECIPIENT,
the PROJECT, the LOAN or this AGREEMENT known to the RECIPIENT which has not been
disclosed in writing to the DEPARTMENT.
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City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
C. Litigation; Authority.
No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain or
enjoin (i) the execution of this AGREEMENT, or (ii) the fixing or collection of the revenues, rates, and
charges pledged to pay the principal of and interest on the LOAN, or (iii) in any manner questioning
the proceedings and authority under which the AGREEMENT, the LOAN or the PROJECT are
authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present
officers to their respective offices is being contested. No authority or proceeding for the execution of
this AGREEMENT has been repealed, revoked, or rescinded.
D. Not an Excess Indebtedness.
This AGREEMENT and the LOAN to be made hereunder do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations.
E. Due Regard.
The RECIPIENT has exercised due regard for Maintenance and Operation Expense and the debt
service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the
Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the Loan Fund a
greater amount of the Gross Revenue of the Utility than in its judgment will be available over and
above such Maintenance and Operation Expense and those debt service requirements.
VII. COVENANTS AND AGREEMENTS
A. Acceptance.
The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this AGREEMENT, including all incorporated and referenced documents, and to
fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its
application, accompanying documents and communications filed in support of its request for a LOAN.
B. Accounts and Records.
The RECIPIENT will keep proper and separate accounts and records in which complete and separate
entries shall be made of all transactions relating to this AGREEMENT.
C. Alteration and Eligibility of PROJECT.
During the term of this AGREEMENT, the RECIPIENT (i) shall not materially alter the design or
structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii)
shall take no action which would adversely affect the eligibility of the PROJECT as a Washington
State Water Pollution Control Revolving Fund project under Chapter 173-98 WAC, "Uses and
Limitations of the Water Pollution Control Revolving Fund," or which would cause a violation of any
covenant, condition, or provision herein.
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Anderson Cove CSO Reduction Facilities Project
Loan No.
D. Pledge of Net Revenue.
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the
Utility to pay when due the principal of and interest on the LOAN.
E. Maintenance and Operation of Utility.
The RECIPIENT will at all times maintain and keep the Utility in good repair, working order and
condition and also will at all times operate the Utility and the business in connection therewith in an
efficient manner and at a reasonable cost.
F. Coverage Requirement.
For so long as the LOAN is outstanding, the RECIPIENT shall establish, maintain, and collect such
rates and charges for Utility service which will produce Net Revenue which, shall be at least equal to
the Coverage Requirement. "Coverage Requirement" means annual Net Revenue which, after the
payment of Senior Lien Obligations and together with ULID Assessments (if applicable), is at least
equal to 120% of Annual Debt Service on the LOAN and any other obligations on a parity therewith.
G. Reserve Requirement.
For loans that are Revenue-Secured Debt with terms greater than five (5) years, the RECIPIENT must
accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the
LOAN during the first five (5) years of the repayment period of the LOAN. This amount shall be
deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments
commencing within one year after the Initiation of Operation or the PROJECT Completion Date,
whichever comes first. "Reserve Account" means, for a LOAN that constitutes Revenue-Secured
Debt, an account of that name created in the Loan Fund to secure the payment of the principal of and
interest on the LOAN. The amount on deposit in the Reserve Account may be applied by the
RECIPIENT (i) to make, in part or in full, the final repayment to the DEPARTMENT of the LOAN
Amount or, (ii) if not so applied, for any other lawful purpose of the RECIPIENT once the LOAN
Amount, plus interest and any other amounts owing to the DEPARTMENT hereunder, have been paid
in full.
H. Free Service.
The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free
service will affect the RECIPIENT'S ability to meet the obligations of this AGREEMENT.
I. Sale or Disposition of Utility.
The RECIPIENT will not sell, transfer, or otherwise dispose of any of thc works, plant, properties,
facilities, or other part of the Utility or any real or personal property comprising a part of the Utility
unless:
1. The facilities or property transferred are not material to the operation of the Utility,
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or shall have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of
the Utility or are no longer necessary, material, or useful to the operation of the Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred
in any fiscal year comprises no more than three (3) percent of the total assets of the Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which
will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN
then outstanding (defined as the total amount outstanding less the amount of cash and
investments in the bond and loan funds securing such debt) as the Gross Revenue of the Utility
from the portion of the Utility sold or disposed of for the preceding year bears to the total
Gross Revenue for that period.
The proceeds of any transfer under this paragraph shall be used (i) to redeem promptly, or irrevocably
set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, and/or (ii)
to provide for part of the cost of additions to and betterments and extensions of the Utility.
J. Insurance.
The RECIPIENT will at all times carry fire and extended coverage, public liability and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the
RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility
as are ordinarily carded by municipal or privately-owned utilities engaged in the operation of like
systems, and against such claims for damages as are ordinarily carded by municipal or privately-owned
utilities engaged in the operation of like systems, or it will self-insure or will participate in an insurance
pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it
against loss.
A. Termination and Default Events
1. For Insufficient DEPARTMENT or RECIPIENT Funds. This AGREEMENT may be
terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds.
2. For Failure to Commence Work. This AGREEMENT may be terminated by the
DEPARTMENT for failure of the RECIPIENT to commence PROJECT work.
3. Past Due Payments. The RECIPIENT will be in default of its obligations under this
AGREEMENT when any LOAN repayment becomes sixty (60) days past due.
4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance in full by the RECIPIENT of all of. its obligations under this
AGREEMENT. The RECIPIENT will be in default of its obligations under this AGREEMENT if, in
the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably failed to perform any obligation
required of it by this AGREEMENT including, but not limited to, the PROJECT Schedule contained in
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Anderson Cove CSO Reduction Facilities Project
Loan No.
Section IV-D hereof.
B. Procedures for Termination
If this AGREEMENT is terminated prior to PROJECT completion, the DEPARTMENT shall provide
to the RECIPIENT a written notice of termination at least five (5) working days prior to the effective
date of termination (the "Termination Date"). The written notice of termination by the
DEPARTMENT shall specify the Termination Date and, when applicable, the date by which the
RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the
"Termination Payment Date").
C. Termination and Default Remedies
1. No Further Payments. On and after the Termination Date or in the event of a default event,
the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further payments
under this AGREEMENT.
2. Repayment Demand. In response to a termination event, except in the circumstances
described in Section VIII-A-1 above, or in response to a default event, the DEPARTMENT may in its
sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN Amount and
all accrued interest.
3. Interest after Repayment Demand. From the time that the DEPARTMENT demands
repayment of funds under Section VIII-B or Section VIII-C-2 hereof, amounts owed by the
RECIPIENT to the DEPARTMENT shall accrue additional interest at the rate of one percent per
month, or fraction thereof.
4. Accelerate Repayments. In the event of a default event, the DEPARTMENT may in its
sole discretion declare the principal of and interest on the LOAN immediately due and payable[,
subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net Revenue].
Repayments not made immediately upon such acceleration shall incur Late Charges as provided in
Sections V-D-2 and VIII-C-5 hereof.
5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT
by the Termination Payment Date or after acceleration following a default event, as applicable, shall
incur Late Charges as provided in Section V-D-2 hereof.
6. Intercept State Funds. In the event of a default event and in accordance with RCW
90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the
DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN.
7. Property to DEPARTMENT. In the event of a default event and at the option of the
DEPARTMENT, any property (equipment and land) acquired under this AGREEMENT may in the
DEPARTMENT's sole discretion become the DEPARTMENT's property. In that circumstance, the
RECIPIENT's liability to repay money shall be reduced by an amount reflecting the fair value of such
property.
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8. Documents and Materials. If this AGREEMENT is terminated, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials
prepared hereunder by the RECIPIENT shall, at the option of the DEPARTMENT, become
DEPARTMENT property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
9. Collection and Enforcement Actions. In the event of a default event, the state of
Washington reserves the right to take any actions it deems necessary to collect the amounts due or to
become due, or to enforce the performance and observance of any obligation by the RECIPIENT,
under this AGREEMENT.
10. Fees and Expenses. In any action to enforce the provisions of this AGREEMENT,
reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation,
the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is
defined in RCW 4.84.330, "Actions on contract or lease...--Waiver prohibited."
11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination
or default remedies provided in Section VIII-C-1 through VIII-C-10 above, the RECIPIENT shall not
be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT
and/or the state of Washington because of any breach of this AGREEMENT by the RECIPIENT. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount
of damages due the DEPARTMENT from the RECIPIENT is determined.
IX. MODIFICATIONS TO AGREEMENT
No subsequent amendments to this AGREEMENT shall be of any force or effect unless reduced to a
writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made part hereof, except:
1. Any change of the RECIPIENT'S Contact or of the DEPARTMENT'S Project
Manager/Engineer or Financial Manager as set forth respectively in Sections I-A and I-B hereof, may
be made by either party as provided in Section I-C; or
2. Insubstantial modifications, such as frequency and number of required submittals, budget
allocations not affecting the total LOAN Amount and similar changes requested by the RECIPIENT in
writing, may be approved in writing by the Project Manager of the DEPARTMENT.
No amendment to this AGREEMENT shall be effective until accepted or affirmed in writing by the
DEPARTMENT.
In no event shall any oral agreement or oral commitment be effective to amend this AGREEMENT.
Page 12 of__
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
X. ALL AGREEMENTS CONTAINED HEREIN
This Agreement, including the incorporated documents, contains the entire understanding between the
parties, and there are no other understandings or representations other than those set forth or
incorporated by reference herein. No subsequent substantive amendments to this Agreement shall be
of any force or effect unless made in conformity with Section IX hereof.
IN WIT.NESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this
AGREEMENT as of the dates set forth below, to be effective as provided above.
STATE OF WASHINGTON CITY OF BREMERTON
DEPARTMENT OF ECOLOGY
MEGAN WHITE, P.E. DATE LYNN S. HORTON DATE
PROGRAM MANAGER MAYOR
WATER QUALITY PROGRAM
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(9/12/00)
Page 13 of__
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 1
DOCUMENTS INCORPORATED
BY ATTACHMENT OR BY REFERENCE
Each of the following documents is incorporated by attachment or by reference and shall have the same
force and effect as if contained in the AGREEMENT:
A. By Attachment:
· ATTACHMENT 1: DOCUMENTS INCORPORATED
BY ATTACHMENT OR BY REFERENCE
· ATTACHMENT 2: AGREEMENT DEFINITIONS
· ATTACHMENT 3: AUTHORIZING ORDINANCE OR RESOLUTION
· ATTACHMENT 4: OPINION OF RECIPIENT'S LEGAL COUNSEL
· ATTACHMENT 5: SCOPE OF WORK
· ATTACHMENT 6: SPECIAL TERMS AND CONDITIONS
· ATTACHMENT 7: LOAN GENERAL TERMS AND CONDITIONS
· ATTACHMENT 8: LOAN REPAYMENT SCHEDULE
B. By Reference:
· The DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE FOR FISCAL
YEAR 2001--VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December 1999)
(hereinafter, "GUIDELrNES")
· The DEPARTMENT's Administrative Requirements for Ecology Grants and Loans (July
1995) (hereinafter, "ADMINISTRATIVE REQUIREMENTS")
· If and when executed by the RECIPIENT and the DEPARTMENT, each Loan Agreement
Amendment
Declaration of Construction--Form ECY 040-2-28(b)
· RECIPIENTS legislation (ordinance for cities, towns, and applicable charter counties;
resolution for others) adopting the Utility system or plan, or system or plan of additions and
betterments to and extensions of the Utility (in the case of cities and towns), or
comprehensive plan, or comprehensive plan amendment, relating to the PROJECT
· Facilities Plan Approval Letter (where applicable) and any amendments thereto
· Plans and Specifications Approval Letter (where applicable) and any amendments thereto
ATTACHMENT 1 --Page 1 of 1
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 2
AGREEMENT DEFINITIONS
Unless otherwise provided, the following terms shall have the respective meanings for all purposes of
this AGREEMENT:
'~ADMINISTRATIVE REQUIREMENTS" means the DEPARTMENT's ADMINISTRATIVE REQUIREMENTS
FOR ECOLOGY GRANTS AND LOANS (July 1995).
"Annual Debt Service" for any calendar year means, for any applicable bonds or loans including the
LOAN, all interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt
Service for'the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by
the number of those years.
"Centennial Clean Water Fund (Centennial)" means, a portion of fund 139 of the Water Quality
Account administered by the DEPARTMENT.
"Coverage Requirement" means annual Net Revenue which, after the payment of Senior Lien
Obligations and together with ULID Assessments (if applicable), is at least equal to 120% of Annual
Debt Service on the LOAN and any other obligations on a' parity therewith.
"Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of
sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an
obligation as it comes due.
"DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency
or department.
"Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT.
"Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start
Date through the PROJECT Completion Date.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem
taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the
maintenance and operation of the Utility and all earnings from the investment of money on deposit in
the Loan Fund, except (i) ULID Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv)
principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any
investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or
(B) in an obligation redemption fund or account other than the Loan Fund until commingled with other
ATTACHMENT 2 -- Page 1 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate
to the United States Government under the Internal Revenue Code.
"GUIDELINES" means the DEPARTMENT'S WATER QUALITY PROGRAMS FINANCIAL ASSISTANCE
FOR FISCAL YEAR 2001--VOLUME ONE: GUIDELINES and VOLUME TWO: APPENDICES (December
1999).
"Initiation of Operation" is the actual date the Water Pollution Control Facilities financed with
proceeds of the LOAN begin to operate for their intended purpose. This date may occur prior to final
inspection and will be determined by the DEPARTMENT after consultation with the RECIPIENT.
This date may be the same, or earlier, than the PROJECT Completion Date. For those projects where
Initiation of Operation is not applicable, use the PROJECT Completion Date.
"LOAN" means the Washington State Water Pollution Control Revolving Fund (SRF) Loan or
Centennial Clean Water Fund (Centennial) Loan made pursuant to this AGREEMENT.
"LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as
applicable.
"LOAN Fund" means the special fund of that name created by ordinance or resolution of the
RECIPIENT for the repayment of the principal of and interest on the LOAN.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT
in causing the Utility to be operated and maintained in good repair, working order, and condition
including payments to other parties for the transmission, treatment, or disposal of sewage, but shall not
include any depreciation or RECIPIENT-levied taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Pri. ncipal and Interest Account" means, for a LOAN that constitutes Revenue-Secured Debt, the
account of that name created in the Loan Fund to be first used to repay the principal of and interest on
the LOAN.
"PROJECT" means the PROJECT described in this AGREEMENT.
"PROJECT Completion Date" is the date specified in the AGREEMENT as that on which the Scope
of Work will be fully completed and the date the PROJECT will end. The PROJECT Completion Date
may be changed to an earlier or later date by an amendment to the AGREEMENT.
"PROJECT Schedule" is that schedule for the PROJECT specified in the AGREEMENT.
"Reserve Account" means, for a LOAN that constitutes Revenue-Secured Debt, the account of that
name created in the Loan Fund to secure the payment of the principal of and interest on the LOAN.
"Revenue-Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue
of a utility and one not a general obligation of the RECIPIENT.
ATTACHMENT 2 -- Page 2 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
"Scope of Work" means the tasks and activities constituting the PROJECT and contained in
ATTACHMENT 5, "SCOPE OF WORK," hereto.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT
outstanding on the date of execution of this AGREEMENT (or subsequently issued on a parity
therewith, including refunding obligations) or issued after the date of execution of this AGREEMENT
having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the
LOAN, subject only to Maintenance and Operation Expense.
'~State Water Pollution Control Revolving Fund (SRF)" means the water pollution control
revolving fund established by RCW 90.50A.020.
"Termination Date" means the effective date of the DEPARTMENT's termination of the
AGREEMENT.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to the
DEPARTMENT any outstanding balance of the LOAN and all accrued interest.
"Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project
that have been determined to be eligible for DEPARTMENT grant or loan funding.
"Total PROJECT Cost" means the sum of all costs associated with a water quality project, including
costs that are not eligible for DEPARTMENT grant or loan funding.
"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or
construction of additions to and extensions and betterments of the Utility. "The ULID" means the
utility local improvement district of the RECIPIENT, if any, the improvements to which constitute all
or part of the PROJECT.
"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are
pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a
construction fund or account). ULID Assessments shall include principal installments thereof and any
interest or penalties which may be due thereon.
"Utility" means either the water system, the sewer system (which may include a storm sewer or
surface water system) or the combined water and sewer system of the RECIPIENT, the Net Revenue of
which are pledged to pay and secure the LOAN.
"Water Pollution Control Activities" means actions to achieve the following purposes:
1. To control nonpoint sources of water pollution;
2. To develop and implement a comprehensive conservation and management plan for estuaries;
and
3. To maintain, improve, or protect water quality through the use of Water Pollution Control
Facilities, management programs, or other means.
ATTACHMENT 2 -- Page 3 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
"Water Pollution Control Facilities" means any facilities or systems for the control, collection,
storage, treatment, disposal, or recycling of wastewater. Wastewater includes, but is not limited to,
sanitary sewage, storm water, combined sewer overflows, residential, commercial, industrial, and
agricultural wastes which are causing water quality degradation due to concentrations of conventional,
nonconventional, or toxic pollutants. Water Pollution Control Facilities include all equipment,
utilities, structures, real property integral to the treatment process, and interests in and improvements
on real property necessary for or incidental to such purpose. Water Pollution Control Facilities also
include facilities, equipment, and collection systems as are necessary to protect federally designated
sole source aquifers.
(9/12/00)
ATTACHMENT 2 -- Page 4 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACItMENT 3
AUTHORIZING ORDINANCE OR RESOLUTION
ATTACHMENT 3 -- Page 1 of__
35
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 4
OPINION OF RECIPIENT'S LEGAL COUNSEL
I am an attorney at law admitted to practice in the state of Washington and the duly appointed
attorney of the city of Bremerton (the "RECIPIENT"); and I have examined any and all documents and
records pertinent to the AGREEMENT.
Based on the foregoing, it is my opinion that:
A. The RECIPIENT is a duly organized and legally existing municipal corporation or political
subdivision under the laws of the state of Washington or a federally recognized Indian tribe;
B. The RECIPIENT has the power and authority to execute and deliver, and to perform its
obligations under, the AGREEMENT;
C. The AGREEMENT has been duly authorized and executed by RECIPIENT's authorized
representatives and, to my best knowledge and after reasonable investigation, all other necessary
actions have been taken to make the AGREEMENT valid, binding, and enforceable against the
RECIPIENT in accordance with its terms, except as such enforcement is affected by bankruptcy,
insolvency, moratorium, or other laws affecting creditors' rights and principles of equity if equitable
remedies are sought;
D. To my best knowledge and after reasonable investigation, the AGREEMENT does not
violate any other agreement, statute, court order, or law to which the RECIPIENT is a party or by
which it or its properties is bound; and
E. There is currently no litigation seeking to enjoin the commencement or completion of the
PROJECT or to enjoin the RECIPIENT from entering into the AGREEMENT or from accepting or
repaying the LOAN. The RECIPIENT is not a party to litigation which will materially affect its ability
to repay such loan on the terms contained in the AGREEMENT.
[K The AGREEMENT constitutes a valid obligatiOn of the RECIPIENT payable from the Net
RevenUes of the Utility[ and ULID Assessments in the ULID].
Capitalized terms used herein shall have the meanings ascribed thereto in the AGREEMENT
between the RECIPIENT and the DEPARTMENT.
RECIPIENT's Legal Counsel Date
ATTACHMENT 4 -- Page 1 of 1
37
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 5
SCOPE OF WORK
A. Certifications
The RECIPIENT certifies by signing this AGREEMENT that all negotiated interlocal agreements
necessary for the PROJECT are, or will be, consistent with the terms of this AGREEMENT and
Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each
interlocal agreement necessary for the PROJECT to the DEPARTMENT.
The RECIPIENT certifies by signing this AGREEMENT that the requirements of Chapter 39.80 RCW,
"Contracts for Architectural and Engineering Services," have been met in procuring qualified
architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible
costs in the final negotiated agreement and submit a copy of the agreement to the DEPARTMENT.
B. Scope of Work
The construction of the Anderson Cove Combined Sewer Overflow (CSO) separation facilities were
completed in accordance with the approved plans and specifications. The SRF loan will provide partial
refinancing for the work performed in the following basins:
· Basin 8
Storm sewer construction in the vicinity of 21st Street and Wycoff Avenue; pump station CW-2
upgrade to 1,600 gpm; new force main on Snyder Avenue south to 15th Street; and sanitary sewer
construction in the vicinity of 13th Street.
· Basin 9
Piping modifications at pump station CW-1 and overflow 9.
· Basin 10
Storm sewer construction in the vicinity of Thompson Drive, Marguerite Avenue, and
Pennsylvania Avenue.
· Basin 11
Storm sewer construction on 14~h Street.
· Basin 12
New force main from pump station CW-4 to 13th Street, and storm sewer construction on Ohio
Street.
(9/22/99)
ATTACHMENT 5 -Page 1 of
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 5 - Page 2 of__
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 6
SPECIAL TERMS AND CONDITIONS
A. Requests for Payment. The DEPARTMENT shall disburse to the RECIPIENT the estimated
loan mount within thirty (30) days of the DEPARTMENT'S receipt of the A19-1A payment
request form from the RECIPIENT. The payment request form will be provided by the
DEPARTMENT. Payment reimbursement will be as a lump sum payment.
B. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the first
semiannual payment of principal and interest on this LOAN will be due within six months after
the RECIPIENT receives the lump sum LOAN payment.
Equal payments shall be due every six months thereafter.
C. Final LOAN Amendment and Repayment Schedule. The DEPARTMENT upon disbursement
will prepare the Final LOAN Amendment and Repayment schedule. The Final LOAN Amount
will be the combined total of the actual disbursement and all accrued interest to the
computation date, calculated from the date that the payment is mailed to the RECIPIENT.
D. Minori _ty and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to
the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE)
businesses in purchases and contracts initiated after the effective date of this Agreement.
In the absence of more stringent goals established by the RECIP[ENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned
business participation in all bid packages, request for proposals, and purchase orders. These
goals are expressed as a percentage of the total dollars available for the purchase or contract and
are as follows:
Construction/Public Works 10% MBE 6% WBE
Architecture/Engineering 10% MBE 6% WBE
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no contract award or rejection shall be made based on
achievement or non-achievement of the goals. Achievement of the goals is encouraged,
however, and the RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following affirmative steps in any procurement initiated after the
effective date of this Agreement:
ATTACHMENT 6 - Page 1 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities,
to permit maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be required
to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. The report will
address:
1. Name and state OMWBE certification number of any qualified firm receiving funds under
the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
E. Accounting Standards. The RECIPIENT shall maintain accurate records and accounts for the
PROJECT ("PROJECT Records") in accordance with generally accepted government
accounting standards including those contained in the STANDARDS FOR AUDIT OF
GOVERNMENTAL ORGANIZATIONS, PROGRAMS, ACTIVITIES, AND FUNCTIONS promulgated by
the U.S. General Accounting Office.
These PROJECT Records shall be separate and distinct from the RECIPIENT's other records
and accounts (General Accounts). Eligible costs shall be audited annually by an independent,
certified accountant and/or state auditor, which may be part of the annual audit of the General
Accounts of the RECIPIENT. If the annual audit includes an auditing of this PROJECT, a
copy of such audit, including all written comments, recommendations and findings, shall be
furnished to the DEPARTMENT within thirty (30) days after receipt of the final audit report.
F. Prevailing Wage. The RECIPIENT shall require all contractors and subcontractors on the
PROJECT to pay wages at rates not less than those prevailing for the same type of work on
similar construction in the immediate locality, in compliance with state prevailing wage rate
requirements, Chapter 39.12 RCW Prevailing Wages on Public Works. To obtain the state
prevailing wage rates, contact the Washington State Department of Labor and Industries.
G. Procurement. The RECIPIENT is responsible for procuring professional, personal, and other
services using sound business judgment and good administrative procedures. This includes
issuance of invitation of bids, requests for proposals, selection of contractors, award of
ATTACHMENT 6 - Page 2 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
subagreements and other related procurement matters. The RECIPIENT shall follow State
procurement laws.
H. Public Awareness. All public awareness notices, signs, or announcements related to the
PROJECT financed in whole or in part by LOAN funds should inform the public of the
involvement of the federal government.
I. Small Business in Rural Areas ("SBRAs"). If a contract is awarded by the RECIPIENT under
this AGREEMENT, the RECIPIENT is also required to utilize the following affirmative steps:
1. Place SBRAs on solicitation lists;
2. Make sure the SBRAs are solicited whenever there are potential sources;
3. Divide total requirements, when economically feasible, into small tasks or quantities to
permit maximum participation by SBRAs;
4. Establish delivery schedules, where requirements of work will permit, which could
encourage participation by SBRAs;
5. Use the services of the Small Business Administration and the Minority Business
Development Agency of the U.S. Department of Commerce, as appropriate; and
6. Require the contractor to comply with the affirmative steps outlined above.
The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent (0.5%).
There is no formal reporting requirement for SBRAs at this time; however, it is highly
recommended that the RECIPIENT keep records of SBRA participation.
J. Growth Management Planning. The RECIPIENT certifies by signing this AGREEMENT for a
Water Pollution Control Facilities project that it is in compliance with the requirements of
Chapter 36.70A RCW, "Growth Management--Planning by Selected Counties and Cities." If
the status of compliance changes, either through RECIPIENT or legislative action, the
RECIPIENT shall notify the DEPARTMENT in writing of this change within thirty (30) days.
K. Refinancing. Notwithstanding other provisions of this agreement, the parties understand and
intend that Paragraph K of Attachment 6 takes precedence over inconsistencies and including, but
not limited to, the following:
1) Loan Agreement - III Term of Loan, Paragraph 1, second sentence.
2) Loan Agreement - IV The Project - B. Scope of Work - Paragraphs 2 and 3.
3) Loan Agreement - V The Loan - B. Request for Payment
4) Loan Agreement - V The Loan - D. Method and Conditions of Payment - 1.
Semiannual Payments, Paragraph 1.
It is mutually agreed by the RECIPIENT and the DEPARTMENT that the LOAN is for additional
partial refinancing of the Anderson Cove CSO separation facilities. The project commenced and was
completed in accordance with the PROJECT schedule identified in Section IV. "THE PROJECT."
The RECIPIENT certifies, by signature of the LOAN, that the applicable conditions and requirements
appropriate at the time of construction have been met; and that the appropriate supporting
ATTACHMENT 6 - Page 3 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
documentation is contained in the RECIPIENT's project files. The Refinancing payment will be by
lump sum payment upon the LOAN award, and receipt of the A19-1A payment request form from the
RECIPIENT, with repayments of principle and interest commencing six months from that date, in
accordance with the final repayment schedule.
(3/23/00)
ATTACHMENT 6 - Page 4 of 4
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 7
LOAN GENERAL TERMS AND CONDITIONS
A. RECIPIENT PERFORMANCE
All activities for which loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others
unless specifically authorized in writing by the DEPARTMENT.
B. CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all contractors comply with the terms and conditions of this
AGREEMENT.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
AGREEMENT, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. The RECIPIENT
shall retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this AGREEMENT shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. Compliance; Approvals and Permits. The RECIPIENT shall comply fully with all
applicable federal, state, and local laws, orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and
permits required by authorities having jurisdiction over the PROJECT, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all federal
and state laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
ATTACHMENT 7- Page 1 of 6
%
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of loan
funds available to women- or minority-owned businesses.
3. Wages and Job SafeW. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the state of Washington which affect wages and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall reserve the right to immediately terminate this AGREEMENT for cause as
provided in Section VIII hereof.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in the PROJECT to give up any part of the compensation to which he/she is otherwise entitled
or receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete project and financial records relating to this
AGREEMENT. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object. All loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under
this AGREEMENT shall be maintained by the RECIPIENT.
2. All loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the state of Washington for a period of at least three (3) years after
the final loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies
in the financial records, the RECIPIENT shall provide clarification and/or make adjustments
accordingly.
3. All work performed under this AGREEMENT and any equipment purchased shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this AGREEMENT and for at least three (3) years
following final loan repayment or dispute resolution hereunder.
4. The RECIPIENT shall meet the provisions contained in OMB Circular A-133 (AUDITS OF
STATES, LOCAL GOVERNMENTS AND OTHER NONPROFIT ORGANIZATIONS) or OMB Circular A-110
(UNIFORM REQUIREMENTS FOR GRANTS TO UNIVERSITIES, HOSPITALS AND OTHER NON-PROFIT
ORGANIZATIONS) if the RECIPIENT receives federal funds in excess of $300,000. The RECIPIENT
must forward to the DEPARTMENT a copy of the State Auditor's audit, or other independent audit
report, along with the RECIPIENT's response and the final corrective action plan as approved by the
ATTACHMENT 7 --Page 2 of 6
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
State Auditor's Office, within ninety (90) days of the date of the audit report.
I. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of
any provisions of this AGREEMENT is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this AGREEMENT unless stated as such in writing by an
authorized representative of the DEPARTMENT.
J. PROPERTY RIGHTS
1. Cop_wights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-flee, nonexclusive and irrevocable license to reproduce, publish,
recover, or otherwise use the materials or property and to authorize others to use the same for federal,
state or local government purposes.
Where federal fimding is involved, the federal government may have a proprietary interest in patent
rights to any inventions developed by the RECIPIENT as provided in 35 U.S.C. §§ 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data in printed reports,
signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property_ Rights. The DEPARTMENT's ADMINISTRATIVE REQUIREMENTS,
PART IV, shall control the use and disposition of all real and personal property purchased wholly or in
part with funds furnished by the DEPARTMENT in the absence of state or federal statutes, regulations
or policies to the contrary or upon specific instructions with respect thereto in ATTACHMENT 5,
"SCOPE OF WORK."
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the PROJECT, it shall be
returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost,
stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in
cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the PROJECT covered by this
AGREEMENT includes funds for the acquisition of land or facilities:
a. Prior to payment of funds provided for in this AGREEMENT, the
RECIPIENT shall establish that the cost of land or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to payment of funds provided by this AGREEMENT.
Such evidence may include title insurance policies, Torrens certificates, or abstracts,
ATTACHMENT 7 --Page 3 of 6
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
and attorneys' opinions establishing that the land is free from any impediment, lien, or
claim which would impair the uses contemplated by this AGREEMENT.
6. Conversions. Regardless of the expiration date of this AGREEMENT as provided in
Section III hereof, the RECIPIENT shall not at any time convert any equipment, property, or facility
acquired or developed pursuant to this AGREEMENT to uses other than those for which assistance
was originally approved without prior written approval of the DEPARTMENT.
K. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this AGREEMENT shall be produced on recycled paper
containing the highest level of post-consumer and recycled content that is available. At a minimum,
paper with 10 percent post-consumer content and 50 percent recycled content shall be used. Whenever
possible, all materials shall be published on paper that is unbleached or has not been treated with
chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
L. PROJECT APPROVAL
The extent and character of all work and services to be performed under this AGREEMENT by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project
Manager or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Manager or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for
below.
M. DISPUTES
Except as otherwise provided in this AGREEMENT, any dispute concerning a question of fact arising
under this AGREEMENT which is not disposed of in writing shall be decided by the Project Manager
or other designated official who shall provide a written statement of decision to the RECIPIENT. The
decision of the Project Manager or other designated official shall be final and conclusive unless, within
thirty (30) days from the date of receipt of such statement, the RECIPIENT mails or otherwise
furnishes to the Director o£the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of its appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of any dispute hereunder, the
RECIPIENT shall proceed diligently with the performance of this AGREEMENT and in accordance
with the decision rendered.
ATTACHMENT 7 -- Page 4 of 6
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
N. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this AGREEMENT who exercises any
function or responsibility in the review, approval or carrying out of this AGREEMENT shall
participate in any decision which affects his/her personal interest or the interest of any corporation,
partnership or association in which he/she is, directly or indirectly, interested; nor shall he/she have
any personal or pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds thereof.
O. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultants' fees, or other costs related to the PROJECT described herein, except as provided in
ATTACHMENT 5, "SCOPE OF WORK."
2. To the extent that the Constitution and laws of the state of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this AGREEMENT.
P. GOVERNING LAW
This AGREEMENT shall be governed by the laws of the state of Washington.
Q. SEVERABILITY
If any provision of this AGREEMENT or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this AGREEMENT which
can be given effect without the invalid provision, and to this end the provisions of this AGREEMENT
are declared to be severable.
R. TIME OF THE ESSENCE
Time shall be of the essence of this AGREEMENT.
S. TABLE OF CONTENTS; HEADINGS
The Table of Contents and headings of this AGREEMENT are inserted for convenience only and shall
not in any way affect the meaning or construction of any provision of this AGREEMENT.
T. COUNTERPARTS
This AGREEMENT may be executed in counterparts and each such counterpart shall for all purposes
be deemed to be an original. All such counterparts shall together constitute but one and the same
instrument.
ATTACHMENT 7 -- Page 5 of 6
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
U. ENTIRE AGREEMENT
This AGREEMENT, including the attached and referenced documents incorporated pursuant to
ATTACHMENT 1 hereto, contains the entire understanding between the RECIPIENT and the
DEPARTMENT, and there are no other understandings or representations other than those set forth or
incorporated herein.
V. PRECEDENCE
In the event of inconsistency in this AGREEMENT, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and
state statutes and regulations; (b) ATTACHMENT 5, "SCOPE OF WORK;" (c) ATTACHMENT 6,
"SPECIAL TERMS AND CONDITIONS;" (d) any terms incorporated herein by reference, including
the ADMINISTRATIVE REQUIREMENTS; and (e) this ATTACHMENT 7, "LOAN GENERAL TERMS
AND CONDITIONS."
(9/23/98)
ATTACHMENT 7 -- Page 6 of 6
City of Bremerton
Anderson Cove CSO Reduction Facilities Project
Loan No.
ATTACHMENT 8
LOAN REPAYMENT SCHEDULE
ATTACHMENT 8- Page 1 of
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION # ''~ 7 ~ q, FOR AGENDA OF: December 27, 2000
SETTING A HEARING DATE OF JANUARY 24, ORIGINATING DEPT: PW&U Engineering Div.
2001, FOR VACATING THE NORTH 35 FEET OF ORIGINATOR W. Eugene Sampley, Director PW&U
THE ALLEY NORTH OF 11TM STREET PLACE DATE SUBMITTED: December 15, 2000
BETWEEN PLEASANT AVENUE AND
HIGHLANT) AVENUE.
2. CLEARANCES: (comment on bac 3. EXHIBITS
Director, Public Works/Utilities A. Resolution #.~ ? i5 c~
City Attorney 's~~~ B. Site Map.
Director, Community Development
Council Budget & Finance Committee (~~w~_,,~.../ . .
Operations Committee
ENDORSE~IENT /~ IlxIFOILMATION APPROVED BY COUNCIL P ~RESIDENT FOR SUBM~TJ'AL:
MAYOR ~-~-~. ~/,-~/,___ COUNCIL PRESIDENT ~c~ ~'~-~--~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Louis A. Cobb to vacate the north 35 feet of the alley north of 11~h Street
Place between Pleasant Avenue and Highland Avenue. This right-of-way consists of a portion of undeveloped
right-of-way that is not needed for public use. The vacation is being requested by the abutting property owner to
improve the property. The City Council is requested to establish a hearing date of January 24, 2001 to consider the
proposed vacation. Staff recommends passage of the proposed Resolution.
8. RECOMMENDATION:
Move to pass Resolution # Mir, ! setting a hearing date of January 24, 2001, for the vacation of the north 35 feet
of the alley north of 11~ Street Place between Pleasant Avenue and Highland Avenue.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED APPROVED DISAPPROVED E __
COUNCIL DIRECTIVE
11. AGENDA BILL NO: ~3 ~'3 --30,G'C'O
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The hearing onthe street vacation will not occur, and the rights-of-way will not be considered for
vacation.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Public Rights-of- Way
RCW 35.79 Streets
ab. Agenda Bills 2000, Cobb, l It~ St PI
RESOLUTION NO.:~- ~"!
A KESOLUTION proposing the right-of-way vacation of the north
35 feet of the alley north of 11th Street Place between Pleasant
Avenue and Highland Avenue.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON
THAT:
1. A petition has been received to vacate of the north 35 feet of the alley north of 11t~ Street
Place between Pleasant Avenue and Highland Avenue right-of-way.
2. A public hearing will be held on January 24, 2001, at 5:30 p.m. or later at the Bremerton City
Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written
objections to the vacation.
PASSED by the City Council of the City of Bremerton
This day of ,2000.
CAROL ARENDS, Council President
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION # oP"} q 0, FOR AGENDA OF: December 27, 2000
SETTING A HEARING DATE OF JANUARY 24, ORIGINATING DEPT: PW&U Engineering Div.
2001, FOR VACATING A PORTION OF CHESTER ORIGINATOR W. Eugene Sampley, Director PW&U
AVENUE NORTH OF 13TM STREET. DATE SUBMITTED: December 15, 2000
2. CLEARANCES: (comment on bac~fn~, e~ 5) 3. EXHIBITS
Director, Public Works/Utilities
City Attomey .03 ./t~_:_:~t ~ B. Site Map.
Director, Community Development ~,~ ~ C. Request for Compensation Waiver
Council Budget & Finance Committee~'~..~..~ ~'/--.-
Operations Committee ~~..~
ENDORSEMENT )~ INF,ORkMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~~ -49-~ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Olympic College to vacate a portion of Chester Avenue located north of
13th Street. This right-of-way consists of two-lane improved roadway with sidewalk on the west side. No other
properties abut this portion of the right-of-way. The vacation will eliminate a piece of undeveloped right-of-
way and will increase the buildable area of the abutting property. A portion of the proposed area to be vacated
has been maintained as landscaping and the adjacent property owners have used a portion as gravel shoulder
parking. The vacation is being requested by Olympic College to improve the property for redevelopment.
Olympic College has requested that the City Council establish a hearing date of January 24, 2001 to consider the
proposed vacation.
Olympic College has requested that the compensation be waived pursuant to BMC Chapter 11.20.140.
8. RECOMMENDATION:
Move to pass Resolution # ;')x"7 :'[ (."' setting a hearing date of January 24, 2001, for the vacation of a portion of
Chester Avenue located north of 13th Street.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AM~ND~
COUNCIL DIRECTIVE DATE:
11. AGENDA BILL NO: ~ ~' "3 p /
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The heating on the street vacation will not occur, and the rights-of-way will not be considered for
vacation.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC l l.20 Vacation of Public Rights-of-Way
RCW 35. 79 Streets
ab, Agenda Bills 2000, Olympic College, Chester Avenue
RESOLUTION NO. g-'7
A RESOLUTION proposing the fight-of-way vacation of a portion
of Chester Avenue located north of 13t~ Street.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON
THAT:
1. A petition has been received to vacate a portion of Chester Avenue located north of 13th
Street fight-of-way.
2. A public heating will be held on January 24, 2001, at 5:30 p.m. or later at the Bremerton City
Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written
objections to the vacation.
PASSED by the City Council of the City of Bremerton
This day of ,2000.
CAROL ARENDS, Council President
1,0 x 2.0 FOP 194-.6
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-ro.=tg~.o ~ ?~? ~- ~v ~g~.~
BOTTOM=194.2 I
s~,~ ~ L^~ ~F'~'~.~ 0 _1 2000
..... ~,~blNErR5
November 30, 2000
Mr. Gunnar Fridriksson
Bremerton Public Works and Utilities
3027 Olympus Drive
Bremerton, WA 98310-4799
Subject: Vacation of 15th Street located west of W~,rr~,,, Avenue and east
of Broadway Avenue
Olympic College
Bremerton, WA
Dear Mr. Fridricksson,
I have received your Staff Report regarding the right-of-way vacation noted
above. I understand from our conversation on November 27 that you have re-
calculated the compensation values and that the revised amount is $13,450.15.
Olympic College wishes to proceed with the vacation process. It is their intention
to request a waiver of compensation from the City Council per section
11.20.140.E of the Bremerton Municipal Code. I have attached a copy of the
applicable section for your convenience. Since the College will request a waiver,
we are requesting that the process proceed without compensation until the City
Council rules on this matter. ,oo so. KI,G STREET
Thank you for your cooperation and if you have any questions please call.
SUITE NUMBER 2 6 0
~Phillip B. Lane, AIA
Principal
Attachments: Section 11.20.140 of Bremerton Municipal Code SEATTLE, WA Be ~ 04
FILE: 9905/CORR/CODE/15m Street
Cc: M. Connolly, Olympic College
FAX 206 / 682-8375
TEL 206 / 68Z-8300
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION # ~ q {, FOR AGENDA OF: December 27, 2000
SETTING A HEARING DATE OF JANUARY 24, ORIGINATING DEPT: PW&U Engineering Div.
2001, FOR VACATING A PORTION OF 15TM ORIGINATOR W. Eugene Sampley, Director PW&U
STREET LOCATED WEST OF WARREN DATE SUBMITTED: December 15, 2000
AVENUE AND EAST OF BROADWAY A,.V~ENUE.
2. CLEARANCES: (comment on 3. EXHIBITS
Director, Public Works/Utilities A. Resolution #
~_ B. Site Map.
City Attorney
Director, Community Development [t,4/a l.&t:'(,z[ C. Request for Compensation Waiver
Council Budget & Finance Committe~ ~j.:?~.,,.
Operations Committee ~..,?
MAYOR~-p~-~"~-)~L -- COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Olympic College to vacate a portion of 154 Street located west of Warren
Avenue and east of Broadway Avenue. This right-of-way consists of two-lane improved right-of-way with
sidewalk on the north side. No other property owners abut this portion of the right-of-way. The connection to
Warren Avenue has been block due to traffic conflicts on Warren Avenue. The roadway served for parking and
access to the local residences that are to be removed when the applicant redevelops the properties. The vacation is
being requested by Olympic College to consolidate their property for a campus redevelopment site. Olympic
College has requested that the City Council establish a hearing date of January 24, 2001 to consider the proposed
vacation.
Olympic College has requested that the compensation be waived pursuant to BMC Chapter 11.20.140.
8. RECOMMENDATION:
Move to pass Resolution # ,~ '~ i
I, ~ setting a hearing date of January 24, 2001, for the vacation of a portion of 15th
Street located west of Warren Avenue and east of Broadway Avenue.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED ~M~
COUNCIL DIRECTIVE DA
11. AGENDA BILL NO: G (2 "~ doff--
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The heating on the street vacation will not occur, and the rights-of-way will not be considered for
vacation.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Public Rights-of-Way
RCW 35. 79 Streets
ab, Agenda Bills 2000, Olympic College, 15m Street
RESOLUTION NO. .~ t '/ {
A RESOLUTION proposing the right-of-way vacation of a portion
of 15th Street located west of Warren Avenue and east of Broadway
Avenue.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON
THAT:
1. A petition has been received to vacate a portion of 15t~ Street located west of Warren Avenue
and east of Broadway Avenue right-of-way.
2. A public heating will be held on January 24, 2001, at 5:30 p.m. or later at the Bremerton City
Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written
objections to the vacation.
PASSED by the City Council of the City of Bremerton
This day of ,2000.
CAROL ARENDS, Council President
s~,~ ~ ~^~ O~C 0 1 2000
A R C H I T E C T S
mn, q~ 8RE;¢ER'~O~i
..... EN~INE~R~
November 30, 2000
Mr. Gunnar Fridriksson
Bremerton Public Works and Utilities
3027 Olympus Drive
Bremerton, WA 98310-4799
Subject: Vacation of 15'h,,,,,~,~*----' !ocat~.d w6st~,,~ :-".~,,,~,,,~,,'- Avenue ~Ad east
of Broadway Avenue
Olympic College
Breme~on, WA
Dear Mr. Fridricksson,
I have received your Staff Repo~ regarding the right-of-way vacation noted
above. I understand from our conversation on November 27 that you have re-
calculated the compensation values and that the revised amount is $13,450.15.
Olympic College wishes to proceed with the vacation process. It is their intention
to request a waiver of compensation from the Ci~ Council per section
11.20.140.E of the BremeKon Municipal Code. I have attached a copy of the
applicable section for your convenience. Since the College will request a waiver,
we are requesting that the process proceed without compensation until the Ci~
Council rules on this maEer. ,oo so. x,,~ s~,~
Thank you for your cooperation and if you have any questions please call.
SUITE NUMBER ~60
~hillip B. Lane, AIA
Principal
SEATTLE. WA 98104
AEachments: Section 11.20.140 of Breme~on Municipal Code
FILE: 9905/COR~CODE/15t~ Street
Cc: M. Connolly, Olympic College
F~,x 206 / 682-8375
TEL 206 / 682-830C