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Home My WebLink About11/19/03 AGENDA FILE 239 4th Street · Bremerton, WA 98337 * Phone (360) 478-5280 ° Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA NOVEMBER '19, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. U.S. Department of Justice COPS Homeland Security Overtime Program Grant (#AB03-216) 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to S-minutes 8. NEW BUSINESS A. Recommendation to allocate HOME Program funds to HABITAT FOR HUMANITY for purchase of property on Arsenal Way (#AB03-217) 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTION-~ A. Ordinance No. 4874 [Second Reading] Amending B.M.C. Chapter 11.02 relating to Right-of-Way Uses (#AB03-213) B. Ordinance No. 4875 [Second Reading] Granting Puget Sound Energy a Franchise (#AB03-214) C. Ordinance No. 4876 [Second Reading] Levying Property Taxes for Collection in 2004 (#AB03-215) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETINR A STUDY SESSION WILL BE HELD IN THE CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR COUNCIL MEETING TO CONTINUE PRESENTATIONS ON THE PROPOSED FY-2004 BUDGET... E-mail: citycouncil@cl.bremerton.wa.us ° Web: www. ci.bremerton.wa.us DATE SUBMITTED: October 15, 2003 BILL # AGENDA BILL CITY OF BREMERTON 3 A CITY COUNCIL SUBJECT: U.S. Department of Justice Committee Meeting Date: 11-10-2003 COPS Homeland Security Overtime Program COUNCIL MEETING Date: 11-19-2003 Grant Award for 2003 Department: Police Presenter: Tim Sholtis Phone: 473-5277 SUMMARY: The Department of Justice awarded the City of Bremerton $44,108.00 through the Homeland Security Overtime Program. The City has a cash match of $14,702.00 over the grant period September 1, 2003 to August 31, 2004. The funding is used towards the costs of meeting mandated Homeland Security requirements. ATTACHMENTS: Award letter and grant documentation. FISCAL IMPACTS (Include Budgeted Amount): The matching funds will be in the 2004 budget. APPROVALS: .~~~~, ~ /~ DEPARTMENT DIRECTOR: · =~ ~ CITY ATTORNEY: · __ __ FINANCE DIRECTOR: - x'~""~'[t,'.~.-J~ ~),,/,e_-.... __ ~ FISCAL/BUDGET: , , .-~k~..-.- ~ .~Y/ 1'~ * ~ CONSENT AGENDA OPERATIONS: COUNCIL PRESIDENT: ..,'J?~/~'~-,~ // ' RECOMMENDED MOTION: Move to approve and accept this COPS Homeland Security Overtime Program Grant Award for $$44,108.00, subject to the special conditions and terms for grant adrrdnistration. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action U. S. Department of Justice Office of Comrnunity Oriented Policing Services (COPS) Office of the Director 1100 Vermont Avenue. NW kYashington. DC 20530 October 7, 2003 Chief Robert Forbes Bremerton, City of 239 4th Slreet Bremerton, WA 98337 RE: COPS ORI # WA01801 COPS Grant # 2003OMWX0255 Dear Chief Forbes: Congratulations! I am pleased to inform you that the COPS Office has approved your agency's request for funding under the COPS Homeland Security Overtime Program. The official start date of your grant is 9/1/2003. Enclosed in this packet is your Grant Award, which you must sign and return to the COPS Office within 90 days to officially accept your grant. Failure to return the signed award document within the 90-day period could result in withdrawal of the funding without further notice fi.om the COPS Office. The Homeland Security Overtime Program award document provides the total amount of federal funds awarded to your agency. On the reverse side of the Grant Award is a list of Conditions that apply to your grant. You should read and familiarize yourself with these Conditions. Also enclosed in this packet are any special conditions that apply to your grant. These must also be signed and returned to the COPS Office in order to officially accept the grant. You must comply with the requirements of any special condition(s) before you Will be able to draw down grant funds. Also enclosed is your Homeland Security Overtime Program Grant Owner's Manual, which summarizes and explains your COPS Homeland Security Overtime Program grant. You will also find materials enclosed relating to payment methods and procedures for receiving your grant funds. You should review the grant materials in your Grant Owner's Manual regarding the different methods of payment available to you. Once again, congratulations on your award. Should you have any questions regarding your COPS Homeland Security Overtime Program award, please do not hesitate to contact the COPS Office or your Grant Program Specialist at 1-800-421-6770. Sincerely, Carl R. Peed Director U. S. Department of Justice Office of Community Oriented Policing Services (COPS) COPS Homeland Security Overtime Program Award Applicant Organization's Legal Name: Bremerton, City of Grant #: 2003OMWX0255 ORI#: WA01801 Vendor#: 916001231 Law Enforcement Executive: ChiefRobert D. Forbes Address: 239 4th Street City, State, Zip Code: Bremerton. WA 98337 Telephone; (360) 473-5277 Fax: (360) 473-5395 Government Executive: Mayor Cary Bozeman Address: 239 4th Street City, State, Zip Code: Bremerton, WA 98337 Telephone: (360) 473-5266 Fax: (360)473-5883 Award Start Date: 9/1/2003 Award End Date: 8/31/2004 Award Amount: $ 44,108.00 SEP 1 ~ 2003 Carl R. Peed Date Director By signing this award, the signatory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Signature of Law Enforcement Official with the Typed Name and Title of Law Enforcement Date Authority to Accept this Grant Award Official Signature of Government Official with the Authority to Typed Name and Title of Govermnent Official Date Accept this Grant Award Award ID: 76850 .3 - ~'~ !~ U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Grants Administration Division 1100 Vermont Avenue, NW Washington, DC 20530 Memorandum To: Robert Forbes, Chief Bremerton, City of From: Robert A. Phillips, Assistant Director, Grants Admmistratinn Toni Morgan-Wheeler, Point of Contact, Grants Division Mike Jackson~ StaffAccountant, Finance Division Re: COPS Homeland Security Overtime Program Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Vendor #: 916001231 ORI #: WA01801 Grant #: 2003OMWX0255 Category Requested Disallowed Approved Disallowed Reasons/Comments Social Security $0.00 $0.00 $0.00 Medicare $832.00 $0.00 $832.00 Worker's Compensation $625.00 $0.00 $625.00 Medical/Dental $6,882.00 $6,882.00 $0.00 Pension $1,721.00 $1,721.00 $0.00 Total Fringe Benefits $10,060.00 $8,603.00 $1,457.00 Officer Step 3 $36.42 / hr $0.00 / hr $36.42 / hr Officer Step 5 $42.88 / hr $0.00 / hr $42.88 / hr Officer Master $45.03 / hz $0.00 / hr $45.03 / hr Average Rate $41.44 / hr $0.00 / hr $41.44 / hr Total Overtime $57,353.00 $0.00 $57,353.00 Grant Total $67,413.00 $8,603.00 $58,810.00 Grand Total: Federal Share (75%): $44,108.00 Applicant Share: $14,702.00 Budget cleared by Mike Jackson on 08/31/2003 Overall Comments The total project cost was reduced by $7,994 due to disallowed fringe benefits because of the failure to provide mandatory documents ($8,603) and rounding $609. No contact was made. Memorandum of COPS Homeland Security Overtime Program (HSOP) Items Funded Jurisdiction: Brcmerton, City of ORI: WA01801 The following figures have been compiled by the COPS Office based on a review of your Homeland Security Overtime Program appIication. Overtime Job Categories Approved Disallowed Officer Step 3 $36.42 $0.00 Officer Step 5 $42.88 $0.00 Officer Master $45.03 $0.00 Total $57,353.00 $0.00 Annual Fringe Benefits Approved Disallowed Social Security $0.00 $0.00 Medicare $832.00 $0.00 Worker's Compensation $625.00 $0.00 Medical/Dental $0.00 $6,882.00 Pension $0.00 $1,721.00 Total $1,457.00 $8,603.00 Overtime Project Costs Total Requested Project Cost: $67,413.00 Total Disallowed: $8,603.00 Percent Federal Share: 75 Total Federal Share: $44,108.00 Total Local Share: $14,702.00 Average Overtime Rate Per Hour: $41.44 Overtime Hours Requested: 1,384 The official award date of your Homeland Security Overtime Program grant is 09/01/2003. You will be reimbursed for any approved expenses incurred on or after 09/01/2003 under your Homeland Security Overtime Program grant. Actual overtime rates per hour and the number of overtime hours used during the grant period may vary based on your actual pay outs under the grant. Please consult the Homeland Security Overtime Program Grant Owner's Manual for further details. DATE SUBMITTED: 9/24/03 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: HOME Recommendation Committee Meeting Date: 9h30/O3- COUNCIL MEETING Date: l:O/SJO3- Department: DCD Presenter: Marylyn Waibel~ Phone: 473-5375 ' [ SUMMARY: As a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual allocation of HOME funds fi.om the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for low income persons. City Council is responsible to make the final determination concerning use of the funds. The Department of Community Developmem has received an application fi'om Habitat for Humanity requesting $69,000.00 to purchase two pieces of property on Arsenal Way, ATTACHMENTS: Habitat for Humanity HOME Application FISCAL IMPACTS (Include Budgeted Amount): $69,000.00 in HOME funds APPROVALS: CITY ATTORNEY: o , , J FINANCE DIRECTOR: ~...~' ~ )~- MAYOR: ~____________________----------~ ~ FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: ~?,..~f 't U~j 5.~' .,w ---~- ~ COUNCIL PRESIDENT: ~;~_~c-~ RECOMMENDED MOTION: Move to approve allocation of $69,000.00 to Habitat for Humanity from the HOME program funds. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action CITY OF BREMERTON HOME PROJECT APPLICATION 1. Summary of Project Project title: (3 or 4 Word Title) Land Acquisition 2003 Projected use of HOME funds: Habitat for Humanity of Kitsap County will purchase and develop two pieces of property in Bremerton and build two single-family homes in partnership with low and very-low income people who are currently living in substandard housing and paying more than 30% of their income on rent. These homes will be simple, decent and affordable. Habitat for Humanity will also provide training such as home maintenance and budgeting determined by the needs of the family. Each family/individual will be required to perform at least 500 hours of "sweat equity" on building their own home as well as the homes of others. 2. General Applicant Information Name of applicant: Habitat for Humanity of Kitsap County Federal tax Id number 91-1981992 Address: P.O. Box 5347 City: State: Zip Code: Bremerton WA 98312 roject contact person: Lori Oberlander Title: Executive Director telephone number of contact person: (360) 479-3853 Title and Signature of Authorized Official Date Lo~'i, Dberlander..,Execu~ve Dire~:tor ,~, _~1 ~ ( 1~_ 0),~,,~X~gg.g---~ 5/9/03 3. Describe your record of performance qualifications, Applicant Administrative Profile capacity to carry out the project described in this application. Include any recent (within the past year) similar activities you have administered. Describe the specific role that you will play and if appropriate the role other entities will play in carrying out the proposed project (i.e. developer, owner, investor, manager, etc.). Habitat for Humanity works in partnership with volunteers, businesses, donors, other agencies, and selected families/individuals to build the houses. Once construction is completed, we sell the houses to selected families at no profit and no interest. The no interest mortgage (around $300.00 to $350.00 per month including taxes and insurance) and small down payment ($1,000) helps to ensure affordability. Once the homes are sold, Habitat becomes the Mortgager with the principle payments being ttsed to fund more construction projects (Fund for Humanity). Partner families are required to perform at least 500 hours of sweat equity towards the building of their homes as well as working on the homes of others. Future homeowners and volunteers work side by side with volunteer Site Supervisors to build the homes. Other agencies help by contributing volunteers of both skilled and unskilled labor, material donations, and cash donations. We also receive a wide variety of skilled and unskilled labor from the community service worker program, the West Sound Technical College, and the Department of Corrections. Our volunteer Site Supervisors are all either retired homebuilders or contractors. Currently, we have seven houses under construction in various locations around Kitsap County. The three on Bainbridge Island are scheduled for completion in June, two in Bremerton are scheduled for completion in August, one in Bremerton is scheduled for completion in December, and the one in Port Orchard is scheduled for completion in January. We currently have 15 mortgages. The mortgage money from the homes gets put into the Fund for Humanity used to build more Habitat homes. Is the Organization applying as a CHDO? ( ) No (x) Yes If Yes: *Do you want the application to be considered for both the CHDO set-aside and the general HOME funds (x) Yes ( ) No *Attach CHDO checklist or predetermination 4. Projected Use ofltOME funds Proposed project: Tenure of recipients: check one (x) New construction ( ) Renters ( ) Substantial rehabilitation (> $25,000) (x) Owners ( ) Moderate rehabilitation (< $25,000) ( ) Tenant Based-Assistance ( ) Other 5. Need Describe the need for the proposed project. The description should include characteristics such as cause, extent, and location of the specific need and should be in measurable and quantitative terms. The need for affordable homeownership is so great the City of Bremerton has made affordable homeownership a priority. Not only has the City of Bremerton made this a priority, so has Kitsap County. Affordable Homeownership has been identified in the .consolidated plan for the last seven years as well as the next three years. 6. General Project Information Describe the proposed project. How does the project addresses the need(s) identified above. Specifically identify the objectives of the project. Describe design and funding alternatives considered, the reason for selecting the solution, how thoroughly the solution solves the problem, the readiness to ~roceed with the project, etc... Habitat for Humanity is requesting $69,000 to purchase land and develop land in Bremerton to build two traditional wood-framed single-family homes. All homes will be designed and built to meet or exceed safety and efficiency codes. We will use volunteer labor, material donations and cash to build decent affordable housing in partnership with low and very low-income families who are currently living in substandard housing. Selected families will be required to put in at least 500 hours of "sweat equity" towards their house and the homes of others. The houses are generally no more than 1050 square feet for a three bedroom. The houses are then sold to partner families at no profit and no interest. The low cost and interest free mortgage insures the homes are affordable. The principle is then used to fund the building of more homes in Kitsap Cotmty and Bremerton. In addition to building the homes, Habitat provides or refers to other agencies, homeownership classes in areas of budgeting, home maintenance, and parenting as needed by each individual/family. Habitat for Humanity works because we engage the entire community as well as the recipients in addressing the need for affordable housing in our community. Funding for the construction of the homes will come from individual donations, fund raising activities, civic organizations, churches, as well as income derived from current homeowners making their mortgage payments. Explain how the project is consistent with the Consolidated Plan: This project is consistent with the Consolidated Plan because we provide simple, decent, and affordable homeownership to families who could otherwise not afford it. We also provide training dependent on the needs of the family that will prepare individuals to be responsible homeowners. In short, we prepare future home owners for success in homeownership. Project address: City: State: [ Zip Code: Arsenal Way Bremerton WA I 98312 Identify the service area of the project: Bremerton ..Please attach a project map that identifies the project location(s) 7. Sources of Financin~--All funding Sources Please list the sources of all f~nds required to ~omplete the project. Below the general categories outlined, list specific sources. Indicate if the amounts are commi~Xed, conditional or tentative. Source Committed Conditional Tentative a. Federal** $ $ $ 69,000,00. b. State: $ $ $ c. Local: $ $ $ d. Applicant: Habitat for Humanity of $ $ $ Kitsap County will raise the money for construction with donations, ____ 90,000 foundations, special events, and in-kind materials donations. We also use all volunteer labor on construction. e. Private: $ $ f. In-kind: $ $ $ ~. Subtotals: $ $ $ h. TOTAL ALL FUNDING SOURCES $159,000.00 lo *Provide a copy of commitment letters with all terms and conditions for all mortgages, grants, subordination agreements, bridge (interim) loans and investment tax credits. If the applicant is a partnership attach a copy of the partnership agreement which indicates the cash contributions by the general and/or limited partners. **Attach a certification (signed by the person authorized to apply for the funds) concerning the governmental assistance provided or to be provided to the project. 8. Uses of Financing - Ail Funding Sources List the amount needed for each cost and indicate the anticipated fundin~ source. pro[ect cost Amount Subtotal Source of Funds ACQUISITION COSTS: Acquisition Homebuyer assistance $45,000.00 . HOME Other SUBTOTAL: $45,000.00 RELATED SOFT COSTS Appraisal Architect Engineering Design $4,000 HOME Processing/Settlement and Financing Costs Audit Aff'n-mativeMarketing Operating Reserve Other SUBTOTAL: $4,000 DEVELOPMENTAL HARD COSTS New Construction Rehabilitation $90,000 Habitat Improvements Demolition Other Infrastructure .SUBTOTAL: $20,000 HOME $110,000 OTHER COSTS Relocation CHDO operating expenses Tenant Based Assistance Other .SUBTOTAL: OPERATING COSTS (generally not HOME costs) Services Rent/Mortgage Subsidies Operating Other .SUBTOTAL: Il l TOTA, PROJECT COST ..**Note: Totat Project Cost must be equat to Total all Fundin~ Sources on the Source of Fund statement. I 9. Sources of Cost Estimates Summarize and attach cost estimates: Attach: earnest money agreement, option or closing statement for land and/or building(s); construction cost estimate; construction contract or preliminary bid(s); agreements governing the various reserves which are capitalized at closing; appraisal; and if low income housing tax credits are utilized, documentation on the syndication costs from the organization/individual who will syndicate and sell the offering. Provide supporting documentation for all other costs. Habitat for Humanity of Kitsap County is in the final stages of purchasing a large tract of land on Arsenal Way in Bremerton. An offer of $171,000 has been accepted. Habitat plans to build eight simple, decent, affordable houses on it. We are asking the City of Bremerton to fund two out of the eight lots on this tract. Kitsap County has already agreed to fund six out of the eight. 10. Total Per Unit Cost Total Project Development Cost: $ 159,000 Total Number of Units in the Project 2 Cost per unit $79,500 . 11. Match Contribution Provide the amount of the match and a detailed description of the source of the contribution. (For example if the contribution is cash, land or real property, describe where it is coming from~ if the match is donated or voluntar~ labor describe who will provide it....).Include the status of the contribution, is it committed, conditional, or tentative, explain. a. Total HOME funds requested $ 69,000 d. Description of match contribution: .b. Match contribution $ 90,000 . Cash donations, material donations, volunteer labor, as well as home owner sweat equity. c. Match is 130 % of HOME request 12. Use of HOME funds Indicate project costs that are proposed to be paid with HOME funds. This information is also included in the Use of Funds statement. a. Development hard costs $10,000x2 lots=S20,000 . b. Acquisition costs $ 22,500x2 1ots=$45,000 . c. Related sot~ costs $ 2,000x 2 lots=S4,000 . d. Relocation costs $ e. Costs related to TBA $ f. CHDO operating; expenses $ g. TotaIHOME-Assisted Cost: $ 69~000 . h. Total Number of HOME-assisted Units 2 i. HOME cost per unit $ 34~500 13. Project Objectives/Tasks/Schedule List the specific tasks to complete and manage this project, the total amount required to meet the task, the amount that will be paid using HOME funds, the source of any other funds needed to complete the task, the date when you will start the task and the date when it will be completed. Include tasks through the period of affordabilit~. Specific tasks Total Cost HOME Cost Other Start Date End Date Sources: Habitat for Humanity 1.Purchase Property $45,000 ' $45,000 $ 10/1/03 10/31/03 2.Develop Property 24,000 24,000 10/31/03 4/30/04 3.Groundbreaking 0 5/1/04 5/1/04 Ceremony 4.Construction Begins 90,000 90,000 5/I/04 12/31/04 5. 0 12/31/04 1/31/05 Finish Construction/Move In 6.Title Transfer 0 1/31/05 1/31/05 7. 8. 9. Total 159,000 69,000 90,000 14. Long Term Affordabilit~ Indicate the number of years the project will be retained as affordable housing for your target income I level and how this will be accomplished. (See Policy Plan for requirements) For example, land covenants or deed restrictions. If the project is for assistance to homebayers, include a specific description of the resale/recapture procedures that will be used. Project will remain affordable for 10 years Habitat for Humanity ensures affordability by using a soft second mortgage that lasts the entire life of the 20 year mortgage. As you know, we sell the house at no profit and no interest, which keeps the mortgage payments Iow. At the closing, homeowners sign a second note for the difference between the appraised value and the sales price. This second note is forgiven a percentage over the life of the loan. In addition to the soft second mortgage, Habitat has first right of refusal, so that we can recapture the house in the event that the homeowner needs to sell, so that we can re-sell the home to a low or very low-income person. Other requirements indicated in the closing document are that the homeowner live in the house and that they maintain the home in good repair. All Habitat homeowners participate in the Family Partnership Program, which ensures that selected people are prepared for responsible homeownership by providing training as needed by the family. Most Habitat homeowners have worked so hard and appreciate the opportunity to own their own home that the national Habitat resale rate is 2%. 15. Minority and Women Owned Businesses Identify the types of notices, bid procedures, and direct outreach that wild occur in regard to affirmative marketing to minority and women owned businesses. Generally, we use all volunteer labor in all aspects of the building process, however, when we gather bids to complete a job that we are not able to locate a company to perform at no cost to Habitat, we will contact the Bremerton CDBG for further instructions to remain compliant within the grant regulations. 16. Affirmative Marketing Describe the methods of affirmative marketing that will be undertaken as part of the HOME assisted project. Include methods of proactive marketing, which can include fliers, newspaper, radio or television advertisements. In the selection of volunteers, and homeowners, Habitat for Humanity advertises in all local newspapers (The Sun, The Patriot, and the Newspaper Group). We also send flyers advertising the fact that we are seeking applications for homeownership and volunteers to all area churches and civic organizations. Additionally, when we are seeking homeowners, we distribute flyers to KCR, Headstart, DSHS, grocery stores, laundromats, and Bremerton Kitsap Access Television. All of our brochures state that Habitat is an Equal Opportunity Agency. Habitat also participates in the annual Finding Your Way- Home housing event at the Kitsap mall. If your project is for- homeownership you must answer questions 17 and 18 (you do not need to answer questions 19, 20, 21, or 22). * rental housing you do not need to answer questions 17, 18 or 22, but you must answer 19, 20 and 21. * tenant based assistance you do not need to answer questions 17, 18, 19, 20, or 21, but you must answer 22. 17. Homeownership Requirements Describe the method of assuring that (1) all of the HOME funds will assist low income homebuyers, or existing Iow-income homeowners, whose family incomes are ar or below 80% of the area median income. (2) the assisted housing will be the owner's principal residence; and (3) the purchase price of the property, or the appraised value ora property already owned aRer rehabilitation will be less than 95% of .the median area purchase price. Habitat for Humanity works in partnership with low and very low-income people. We verify income in the application process and we only select applicants based on the following criteria: 1) Need for Housing - must currently be living in substandard housing, 2) Income - Must have income to afford monthly mortgage payments of $300-$350, but not so much that they could afford to purchase a home in a traditional way, 3) Must be willing to perform at least 500 hours of"sweat equity." The Family Selection Commit-tee verifies income as well as current living conditions. When the home is sold, the closing documents assure that thc home is and remains thc primary residence. We base the price of the house on what it cost for construction. The average Habitat House costs $45,000, and is appraised at $95,000-$110,000. 19. Operating Statement Provide operating statements for # of years project will remain affordable to very low and low income households. ARer year 5, projections may be in 5-year increments. (~,ou ma~, provide a more detailed statement)N/A A. Operating Income: Gross Rent Receipts Less Vacancy Rate __ % Other Income $ Total Operating Income B. Operating Expenses $ Sewer/Water Elecn'icity Gas Garbage $ Maintenance Management Advertising Reserves Other Expenses Total Operating Expenses C. Net Operating Income $ D. Total Debt Service (complete table below) $ E. Net Cash flow $ (Net Operating Income less Debt Service Total) $ Debt Service: LoanLoan 1 Amount Monthly Payment Annual Payment Loan 2 $ $ $ Loan 3 $ $ $ Total Annual Debt $ $ $ Service 21. Home Rents Describe the process that will be established to assure that the rents charged in HOME assisted rental projects do not exceed the allowable amount under HOME program regulations. N/A 22. Tenant Based Rental Assistance Describe actions you will take to assure the project meets the requirements of 92.210 and 92.21 l including tenant selection policies, lease requirements, rent reasonableness, terms of any rental assistance contract and maximum subsidies. N/A 23. Additional Information Provide any additional information you think may help us evaluate your application Please see fact sheet and homeownership application. Our offer has recently been approved for the purchase ora piece of property on which we plan to build eight houses. The county has already provided funds for six. We currently have seven homes under construction - three on Bainbridge Island, three in Bremerton, and one in Port Orchard. The Bainbridge Island homes are scheduled for completion in June, two of the Bremerton homes in August and the other in December, and the Port Orchard home in January. In order to strengthen our volunteer's knowledge of construction and safety on the work sites, we have developed a Construction Training program. A full time Construction Training Coordinator will hold classes regularly to train unskilled volunteers on the basics of Habitat house construction and safety. This program will become sustainable, as volunteers who have gone through the classes will be able to train incoming unskilled volunteers. We currently have 15 mortgages. The money in this Fund for Humanity is used to build more Habitat homes. Out of the 15 houses that have been built since 1992, there have been no foreclosures. Since we last selected families, a list of over 250 interested applicants has accumulated. Of these 250 families, we ~vill be selecting a total of 11. Eight will be for the tract of land in Bremerton, and three will be for North Kitsap homes. PLEASE REMOVE LABEL AND ADHERE TO YOUR MAILING ENVELOPE. THANK YOU, 'fCfl' Habitat for Habitat for Humanity of Kitsap County Humanity P.o. s347 Bremeri:on, WA 98312-0516 ~p¢ication Dear Applicant: We need you to com¢lete this application to determine il you quality for a Habitat for Humanity house. Please IiH out the app cation as completely and accurately as possible. All intormation you include on this application will be kept confidential. Applicant's name Ce-Applica.t's name Social Security Number Home Phone Age Social Security Number Home Phone Age ~ Married [] Separated [] Unmarried (mci. single, divorced, widowed [] Married ~ Separated [] Unmarried pncL single, divorced, widowed) Dependents (people who live with you not listed by co-applicant) Depe.dants (people who live with you not listed by co-applicant) Name Age Male Female Name Age Male Female [] [] [] [] Present Address (s~reet, city, state, zip code) [] Own ~ Rent Present Address (street, city, state, zip code) [] Own [] Rent Number of Years Number of Years Last Address (s~reet, city, state, zip code) [] Own E~ Rent Last Address (street, city, state, zip code) [] Own [] Rent Number of Years Number of Years Date Received: More Information Requested? [] Yes [] No Date Letter Sent: Date Application Completed: Date of Home Visit: ~ Accepted © Denied Date Letter Sent: · To be considered for a Habitat home, you and your family must de willing to complete a certain number of "sweat equity" hours. Your help in dui}ding your home and the homes of others is ca ed "sweat equity," and may include cieadng ~he tot. painting, helping with construction, work- ing in the Habitat office, or other approved activdies. Yes No I AM WILLING TO COMPLETE THE REQUIRED SWEAT EQUITY HOURS: ApplicanL -~ ~ Co-Applicant: Z; Z Number of bedrooms (please circle) 1 2 3 4 5 Other rooms in the place where you are currently living: ~ Kitchen ~ Bathroom :~ Living Room ~ Dining Room '~ Other (please describe Il you rent your residence, what is your monthly rent payment? $ /month (Please supply a copy of your lease or a copy of a money order receipt or cancelled rent check) Name, address and phone number of current landlord: In the space below, describe the condition of the house or apartment where you live. Why do you need a Habitat home? If you own your residence, what is your monthly mortgage payment? $ /month Unpaid Balance $ Do you own land? [] No [] Yes (If yes, please describe, including location) is there a mortgage on the land? [] No ~ Yes If yes: Monthly Payment $ Unpaid Balance $ If you are approved lot a Habitat home, how should your name(s) appear on the legal documents? Name and Address of Current Employer Name and Address of Current Employer Years On This Job i Years On This Job Monthly (Gross) Wages Monthly (Gross) Wages $ $ Type of Business Business Phone Type of Business Business Phone Name and Address ot Last Employer Years On This Job ! Name and Address ot Last Employer ' l Y;;rs On This ;ob onthly (Gross) Wages Monthly (Gross) Wages $ Type of Busfness I Business Phone Type of Business Business Phone 1Base Employment Income $ $ $ Rent $ AFDC/TANF Utilities Food Stamps Car Payments Social Security Insurance SSI Child care Disability School Lunch Alimony Average Credit Card Payment Child Support Student Loans Other Alimony/Child Support Total $ $ $ Total $ '1Self-employed applicant(s) may be required to provide additional 2List additional household members over 18 who receive income: documentation such as tax returns and financial statements. Name Age Monthly Wages 3please attach copies of last month's bills. $ $ $ Where will you be getting the money to pay the down payment and closing costs (for example: savings, parents)? If you are borrowing money to pay these costs, explain how and from whom. Name and Address of Bank, Savings & Loan, or Credit Union: Name and Address ol Bank, Savings & Loan, or Credit Union: Account Number: Balance $ Account Number: Balance $ Name and Address of Bank, Savings & Loan, or Credit Union: Name and Address ol Bank, Savings & Loan, or Credit Union: Account Number: Balance $ Account Number: Balance $ Name and Address ol Bank, Savings & Loan, or Credit Union: Name and Address of Bank, Savings & Loan, or Credit Union: Account Number: Balance $ Account Number: Balance $ iD° you own a: Yes No Do you own a: Yes No Stove ~ [] Car (#1) :~ ~ Refrigerator '_ ~ Make and Year Washer ~ C Car (#2) ,~ [] Dryer ~, ~ Make and Year Name and Address ct Company Monthly Unpaid Name and Address of Company Monthly Unpaid Payment Balance Payment Balance $ $ $ Mos. felt ~o pay: Mos lelt to pay: Name and Address of Company Monthly Unpaid Name and Address of Company Monlhly Unpaid Payment Balance Payment Balance $ $ $ $ Mos. left to pay: Mos left to pay: Name and Address el Company Monthly Unpaid Alimony/Child Support $ /month Payment Balance $ Job-Related Expenses $ /month Mos. lett to pay: (Child Care, Union Dues, etc.) $ /month Name and Address of Company Monthly Unpaid P~yment Balance Column 2: Subtotal of Payments $ /month $ Mos. left to pay: Column 1: Subtotal of Payments $ /month Column 1: /month Total Monthly Expenses $ /month Applicant Co-Applicant a. Do you have any debt because of a court decision against you? ~ Yes [] No [] Yes [] No b. Have you been declared bankrupt within the past 7 years? [] Yes [] No [] Yes [] No c. Have you had property foreclosed on in the last 7 years? [] Yes [] No [] Yes ~ No d. Are you currently involved in a lawsuit? [] Yes [] No [] Yes ~ No e. Are you paying alimony or child support? ~ Yes [] No [] Yes [] No f. Are you a U.S. citizen or permanent resident? [] Yes [] No [] Yes ~ No Answering "yes" to these questions does not automatically disqualify you. if you answered "yes" to any question a through e, however, please explain on a separate sheet of paper. I understand that by filing this application, I am authorizing Habitat for Humanity to evaluate my actuat need for a Habitat home, my ability to repay the no-interest loan and other expenses of homeownership and my willingness to be a partner family. I understand that the evaluation will include personal visits, a credit check, and employment verification. I have answered all the questions on this application truthfully. I understand that if I have not answered the questions truthfully, my application may be denied, and that even if I have already been selected to receive a Habitat home, I may be disqualified from the program. The original or a copy of this application will be retained by Habitat for Humanity even il the application is not approved. Applicant Signature Date Co-Applicant Signature Date X X PLEASE NOTE: If more space is needed to complete any part of this application, please use a separate sheet of paper and attach it to this application. Please mark your additional comments with "A" for Applicant or "C" for Co-Applicant. 301 ~/I-~AW US/100M/'4 98 Applicant's name Co-Applicant's name Please Read This Statement Before Completing the Box Below: The tollowing information is requested by the lederat government lor loans related to ~he purchase of homes, in order to moeitor the lender's compliance with equal credit opportunity and lair housing taws. You are not required to furnish this information, but are encouraged Io do so The law provides ~ha~ a lender may neither discriminate on the basis of this in ormation nor on whether you choose to furnish it or not. However, Jf you choose not to furnish it. under Iederal regulations this ]eerier is required to no~e race and sex oo the basis of visual observation or surname. If you do not wish to furnish the information below, please check the box below. (Lender must review ~he above material to assure ~hat the disclosures sa~isly all requirements to which ~he lender is subject under applicable staie law for the loan applied for.) ~ I do not wish to furnish this information ~ I do not wish to furnish this information Race/National Origi.: Race/National Origin: ~ American Indian or Alaskan Native ~ American Indian or Alaskan Native © Asian or Pacific islander [] Asian or Pacific Islander ~ White, not of Hispanic origin [] White, not of Hispanic origin ~ Black, not of Hispanic origin [] Black, not of Hispanic origin ~ Hispanic ~ Hispanic :~ Other (specify) ~, Other (specify) )ex. Sex: t~ Female ~ Male ~ Female ~ Male Birthdate: / / Blrthdate: / Marital Status: Marital Status: r~ Married ~ Married ~ Separated ~ Separated % Unmarried (Incl. singJe, divorced, widowed) [] Unmarried (Incl single, divorced, widowed) Interviewer's Name (print or type) This application was taken by: ;% Face-to-Face Interview interviewer's Signature Date %J By Mail F.~ By Telephone Interviewerrs Phone Number Kitsap County ~t-~/~O . City of gremerto~ Department of ~ ~ Dep~ent of D~elopment 00~t~ Development September 25, 2002 Loft Oberlander, Executive Director Habitat for Humanity of Kitsap County PO Box 5347 Bremerton, WA 98312-0516 RE: CHDO Re-Certification Dear Ms. Oberlander: Thank you for supplying our office with the requested information to have your organization re-certified as a CHDO Agency. We have been working extensively with you to ensure your Agency qualifies, since it was questionable for a period of time. Over the past year, Habitat actively recruited new Board members to ensure compliance with the criteria ofa CHDO. After reviewing the documentation submitted, Habitat for Humanity qualifies as a CHDO with the following conditions: I. Habitat needs to adopt a formal process that allows low-income and program beneficiaries to be involved in advising the organization in all of its decisions regarding the design, siting, development and management of all HOME- assisted affordable housing projects. It is recommended that you use the Standing Committee that you have in place. 2. We understand that you believe your By-laws address your agencies relationship with for-profit entities. However, we think the language is pretty weak and want the By-laws strengthened to include the following specific language that states your agency "is not controlled, nor receives directions from individuals or entities seeking profit from the organization". The above conditions will need to be taken care of before recertification next year. Congratulations are your certification for this year. As always, it's been a'pleasure working with you. Please let us know if you have any questions. Bonnie Tufts Debbie Pearler-Stewart Kitsap County CDBG City ofBremerton CDBG ~e;~[ ~y-.~-~c~u ..c. UMCM.; ~t~U a/~ 0~3; May-6-03 2:30PM; Page P~ ~ U 4 VACA~' ~D pURCH~E AND SALE AG~ENT SPECIFIC ~MS str~etAdd~e~: 000 A~n~' B~I~ /~ ~ ~. Earner Man.y: (To be held bx ~8alfl~ Broker ~ Closing P,rsonal Ch~c~ --~ 1~' 7. Default: (c~eck only omo) ~ F~a o~Earnest M~n~y ~ Sell.es Et~10n 8. Title Insurance Company; L~.~i~]c~./P~bo ... 10. Closing Da~: 10~1/2003 0r 11. Po~IOODa~; ~anClo~i~ ["] ~lendard~ysefferCl~lng ~ .... 1~. O~er E~pl~tio~ Dam: .~9~2003 ........ 13- Cou ntaro~.~ Expiration D~: ~4. ~4en~ 2~D(C~1 CI~u~J .. 34(Add~dt~ 35F(F~ihili13' ~ is ~ot J~lly requir~ to ~ 17. F~lblll~ C~ntin~ency Expiration Oat~: ~ ~0 dey~ a~er mutual e~ceplance J J ~ ~t ~7~ ........ _7 P.O. Box ~347 ~;~ Br~loa WA 98312 B~MERTON. 3~0~92~t0~ ,. 3~0-6Pg-46~4 360-377-~A6 360~79.0833 Metrical, FO Legal ~N:2224 0Il 02.1 20 .~_ T~ ~TN CF ~Ii/~ ~l/l C["~D ~? A'JD NC. 1C00~75 D~, ~ 31~.~ g · D5 Su~J TO ~S~ Or REC CITY OF ~ERTDN $~OKT P~T ~C0 ~ER AUD NO, 7~05~0%09 .,~[O R.E. ~REM.; 360 ~79 083~; Ap~-l-O~ 4:26P~j Pa~e ~2/13 Metr~c3n Fu~ Lezal ~N:=~4 01l 022 ~0 TF~T ~TN O~ N~I/A N~/4 ~D B'f ~O NO, ~0003~5 D~. ~ O~ ~ COR O~ SW%/~ NW1/~ NE1/4 TH ~ E 240.4~ TN RUN S Z96,34~ ; 81!t0 479 OB$-q; Apr-~*03 Figure IlO Page l of Il ~ ~ Standard~ Deaaription~nt ZOOS ~ · ' ~c D~hy; L~ ~ ~ thi~ I~g~-lct ~ ~ ~ ~Y S~: 13,000 s,t' f~ ~ in whlc~ v~ low ~ ~16~ ~ I oth~ ~ald~, hi~k ~c~r~ or 1~ of e~6~ ~.ea~: 15 fl. _ ~ C~*g~e: 30% min~ ot s~ ~.d a ~gB~ ~Ve~p~ ~ d~ SF-I a~ is ~ble for ~ se~ by publ~ ut~i6~% p~ic~llrly s~wer. Side: 10 [S-3 ~., ~ ~a, ~c,~~,~, i~ , ty~ mb~ su~ivimi~ m ~ ~v~c ~6~ ~n LotS~c: ' I,ow4~[~ o~ a s~ mi~ I~ ~c m ~U~ ~d ~co~e bi$~t de~i~ ~ivc s~te pl~8 ~d vffiom ~r~ ~d'd~ ~:h ~ C~m~evstvc P~'s ~R ~si~t~, F~:: 15 ~. (20 to ~u) T~S ~uc is a~li~ ~, ~d ~t~ to ~ B~c D~ItY: 3-8 DU/~, D R ~g~o~ of~mi~utlr ~e- Re~deafial ~mct~ ~ well ~ ~ ~ble for ~ Low-dcnsi~ ~, awel~$ ~s. ~e ~c mi~ed ac~o~ ~s M~x. ZOne.~t w[~ a ~llet ~ini~ Lot ~ze ~r ~gle un~s ~d duplexes. Title21 Appeudix: 'Page 1 $77 DATE SUBMITTED: October 13, 2003 BILL # AGENDA BILL CITY OF BREMERTON q CITY COUNCIL '~SUBJECT. ~ ' "&~'~'~;'~PUBLiC ~''''HEARING'' '"ON ..... '""7:~l'~;[ie"M':ei[:: ;~ii:' '7:::~n~;~ ~i ORDINANCE AMENDING CH. 11.02 COUNCIL MEETING Date: bkyv't"l'~2'-a'~ 19, 2003 BMC RELATING TO RIGHT-OF-WAY Department: City Attorney's Office USES Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of the Bremerton Municipal Code do not provide adequate provisions relating to the identification and removal of nuisance debris, property and utility facilities. The proposed ordinance updates the provisions of Chapter 11.02 relating to nuisances in the right-of- way including utility poles and facilities and further amends provisions relating to violations, appeals, and enfomement of violations. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: ,,-', /d ,, _, / , DEPARTMENT DIRECTOR: ~,-¢ --~'" CITY ATTORNEY: ~~ FISCAL/BUDGET: ri ~ ~ OPERATIONS: ?~~~.~ .... ~ CONSENT AGENDA [] COUNCIL PRESIDENT: dfi'~/'..~ ~'.d',~f~. ~d~----'" RECOMMENDED MOTION: 2. I move to approve Ordinance No. 8 on Second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. ~ ~ ?~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 11.02 of the Bremerton Municipal Code relating to right-of-way use by creating a new section relating to identification and removal of nuisance utility facilities within the right-of-way and amending Sections 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310 and 11.02.320 relating to violations, appeals and enforcement of Chapter 11.02 BMC. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide provisions relating to the identification and removal of nuisance utility facilities; and WHEREAS, the City Council desires to provide provisions in the Bremerton Municipal Code to identify and remove or remedy nuisance utility facilities and make other related amendments; and WHEREAS, the City Council also desires to update the provisions of Chapter 11.02 relating to violations, appeals and enforcement of violations to update those provisions and to provide for enforcement through the Administrative Hearing Examiner; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Sectionl 1.02.250 of the Bremerton Municipal Code entitled "Correction and Discontinuance of Unsafe Nonconforming, or Unauthorized Conditions" is hereby amended to read as follows: 11.02.250 CORRECTION AND DISCONTINUANCE OF UNSAFE, NONCONFORMING, OR UNAUTHORIZED CONDITIONS. A. Whenever the Director determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to any provision of this chapter or policies adopted hereunder or other applicable codes or standards, or without a right-of-way use permit, the Director may order the correction or discontinuance of such condition or any activity causing such condition. B. The Director is authorized to use any or all of the following methods in ordering con'ection nor discontinuance of any such conditions or activities as the Director determines appropriate: 1. Serving of oral directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition; Right-of-Way Use 2. Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within a reasonable period as the Director may determine; 3. Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work; 4. Revocation or suspension of previously granted permits pursuant to this chapter; :~ :- ..:~:m:~- ~ .~.:~ c~aFter Seek enforcement pursuant to BMC 11 02 320; SECTION2. Sectionl 1.02.260 of the Bremerton Municipal Code entitled "Debris and Spilled Loads in the Right-of-Way" is hereby amended to read as follows: 11.02.260 n~notc A ~tt~ eott t ~-r~ t t~ A ne IN TH.E ot,-uT ,~ ~x~ · v NUISANCE IN THE RIGHT-OF-WAY. A_..:. Debris and Spilled Loads. ~.1 The owner or operator of any vehicle that has spilled, dropped, dumped or in any manner whatsoever deposited any matter ("Debris") upon the right-of-way shall cause the right-of-way to be cleaned using suitable methods to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and the costs thereof shall be charged to the person or persons so responsible. The Department has the authority to designate haul routes and time of day for operations involving hauling over public right-of-way. 1~.2 Earth-hauling contractors, builders, or anyone else utilizing vehicles upon rights-of-way shall provide persons or equipment to keep the right-of-way clean at all times to the satisfaction of the Department. Upon failure to do so, the Department may issue an immediate stop work order, revoke City permits, and the responsible person or persons may be directed to immediately clean the right-of-way to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and charge the costs thereof to the person or persons so responsible. B__~. Unauthorized Property. 1. Any object, equipment, structure, or personal property ("Property") which occupies any right-of-way without the legal authorization required by this chapter is declared a nuisance. The Department may attach a notice to any such Property stating that if it is not removed from the right-of-way within 24 hours of the date and time stated on the notice, the Property may be taken into custody and stored at the owner's expense. The notice shall provide an address and phone number where additional information may be obtained. If the Propertv is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. 2. All expenses incurred by the City in abating the nuisance condition or any portion thereof, or to repair any damage to the right-of-way, shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the Property or placed it in the right-of-way, which debt shall be collectable in the same manner as any other civil debt. Right-of-Way Use C. Enforcement. If the nuisance Debris or Property has not been removed or remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant to BMC 11.02.320. SECTION 3. Section 11.02.270 of the Bremerton Municipal Code entitled "Nuisance in the Right-of-Way" is hereby amended to read as follows: 11.02.270 NUISANCE UTILITY FACILITIES. A. Purpose. To establish a procedure for the identification and elimination or remediation of nuisance utility poles and other utility facilities located within or upon the right- of-way. B. Utility Facilities Defined. "Utility Facilities" means poles (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto within the right-of- way, whether the same be located over or under ground and whether installed and/or maintained by permit pursuant to this chapter or by franchise or by no such authority. C. Nuisance Utility Facility Defined. "Nuisance Utility Facility" as used in this section, includes a utility facility that limits ADA accessibility, creates sight distance problems, has disconnected wires or cable, are deteriorating, are creating a hazardous condition, and/or are not used or abandoned for a period of 90 days or longer unless such non use or abandoned status is approved by the Director at his or her sole discretion. D. Determination of Appropriate Remedy. Upon a determination by the Director that a nuisance utility facility exists, the Director shall notify the permittee, franchisee, owner or other person responsible for the nuisance utility facility and direct said entity or person to remove or remedy the nuisance utility facility upon terms and conditions as directed by the Director. E. Enforcement. If the nuisance utility facility has not been removed or remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant to BMC 11.02.320. Right-of-Way Use SECTION 4. Section 11.02.280 of the Bremerton Municipal Code entitled "Nuisance in the Right-of-Way" is hereby amended to read as follows: 11.02.280 REVOCATION OF PERMITS. A. The Director may revoke any permit issued under this chapter whenever in the Director's sole determination: 1. The work or activity does not proceed in accordance with the plans as approved, or conditions of approval, or is not in compliance with the requirements of this chapter or procedures, or other City ordinances, state law or federal law; 2. The City has been denied access to investigate and perform inspection; 3. The permittee has made a misrepresentation of a material fact in applying for a permit; 4. The progress or condition of the approved work or activity indicates that it is or will be inadequate to protect the public and adjoining property, the street or utilities in the street, or any excavation or fill endangers or will endanger the public, the adjoining property, street or utilities in the street:~ 5. The right-of-way is being used in violation of a permit issued under this chapter or is being used in violation of any provision of this chapter. B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized or directed by the Director. C. Notice of revocation. Notice of revocation shall be by letter. D. Appeal of revocation. A revocation may be appealed pursuant to this chapter. SECTION 5. Section 11.20.310 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: 11.02.310 APPEALS. A. Any permittee or applicant for a permit whose application has been denied or whose permit has been revoked pursuant to this chapter may, within fourteen (14) calendar days from the date that the denial or revocation notice was mailed to the permittee or applicant, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefore with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Heating Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the permit, and may impose any terms thereupon. B. The decision of the Administrative Hearing Examiner shall be final. The permittee or applicant and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. Right-of-Way Use SECTION 6. Section 11.02.320 of the Bremerton Municipal Code entitled "Violation - Penalty" is hereby amended to read as follows: 11.02.320 VIOLATION - PENALTY. ..... J ..................... ~' ....... .Y ........... For a ........................................... , ................................ hal. A. In lieu of or in coniunction with any remedy provided for in this chapter, any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 7. Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconshtutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION& Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: Right-of-Way Use KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. RSLEGAL\Ordinanceshr~ublic Works & Utilities'd~.ight-of-Way Use.doc 6 ,~ Right-of-Way Use DATE SUBMITTED: October 13, 2003 BILL # AGENDA BILL CITY OF BREMERTON q CITY COUNCIL · ~;;:::;.:~:: ...... ....... ....... ... ..... ... ...... .. ...... .... ...... ... ..... . ...... SUBJECT. PUBLICHEARING ON Committee Meeting Date: November 4, 2003 ORDINANCE GRANTING PUGET COUNCIL MEETING Date: Nov. ~ 19, 2003 SOUND ENERGY A FRANCHISE Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance grants Puget Sound Energy, Inc. the fight, privilege, authority and franchise to install and maintain their Facilities within and upon the City's fights-of-way for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect tolls, rates and compensation for such energy and such uses. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: . DEPARTMENT DIRECTOR.~.. CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: O ERATIONS: , .~.k~' ~l~?'x ~ ~.~;~ [] RECOMMENDED MOTION: 2. I move to pass Ordinance No. q(:~ ? .5 on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 38 ORDINANCE NO. T,~ / ? AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, the right, privilege, authority and fi'anchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect tolls, rates and compensation for such energy and such uses. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L DEFINITIONS. 1.1 Where used in this franchise (the "Franchise") the following terms shall mean: 1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation, and such successors and assigns as are approved by the City pursuant to this Franchise Ordinance. 1.1.2 "City" means the City ofBremerton, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1.3 "Franchise Area" means any, every and all of the roads, streets, avenues, alleys, highways, and public rights-of-way as now laid out, platted, dedicated or improved; and any, every and all roads, streets, avenues, alleys, highways and public rights-of-way, that may hereafter be laid out, platted, dedicated or improved within the present limits of the City and as such limits may be hereafter extended. "Franchise area" does not, however, include any other public property owned in whole or in part, leased or otherwise occupied by the City. 1.1.4 "Facilities" means poles (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto whether the same be located over or under ground. 1.1.5 "Ordinance" means this Ordinance which sets forth the terms and conditions of this Franchise. SECTION2. FACILITIES WITHIN FRANCHISE AREA. 2.1 Pursuant and subject to the City Charter, the City does hereby grant to PSE the right, privilege, authority and franchise to: Puget Sound Energy Franchise 2.1.1 Set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and 2. 1.2 To charge and collect tolls, rates and compensation for such energy and such uses. 2.2 This Franchise does not allow PSE the right to use the Franchise Area for any purpose other than the transmission, distribution and sale of electricity, or to install any facilities in the Franchise Area other than the Facilities described herein. 2.3 PSE shall comply with all applicable federal, state and local laws (including, but not limited to, the lawful exercise of the City's general police powers) in connection with the exercise of its rights under this Franchise. Notwithstanding the foregoing, this Franchise shall supersede, govern and control any ordinance, rule, plan, policy, resolution, regulation or other directive of the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or other directive conflicts with, or is inconsistent with, the terms and conditions of this Franchise. 2.4 PSE's Facilities shall be maintained within the Franchise Area so as not to unreasonably interfere with the use of the Franchise Area by the City and by the general public and in accordance with the laws of the State of Washington and the City of Bremerton. 2.5 PSE shall obtain all necessary permits and approvals from the City and all other agencies with jurisdiction and shall comply with all applicable City or state codes, rules, regulations, standards and procedures, as now or hereafter amended, to the same extent as any other person or entity doing business within the City, except as otherwise provided by this Franchise. SECTION 3. RESTORATION OF FRANCHISE AREA. 3.1 When PSE or any person acting on its behalf does any work in or affecting the Franchise Area, it shall, at its own expense, promptly remove any obstructions therefrom and restore, to the City's reasonable satisfaction, such Franchise Area to as good a condition or better as existed before the work was undertaken, unless otherwise directed by the City. Recorded survey monuments shall be restored in accordance with applicable ordinances or laws. 3.2 If weather or other conditions do not permit the complete restoration required by this Section, PSE shall temporarily restore the Franchise Area. Such temporary restoration shall be at PSE's sole expense and PSE shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 3.3 PSE or other person acting in its behalf within the Franchise Area shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of all members of the general public. Puget Sound Energy Franchise 3.4 The Director of Public Works and Utilities, or designee, shall be responsible for inspection and final approval of the condition of the Franchise Area following any construction and restoration activities therein, according to City engineering standards. 3.5 Except in the case of emergencies as determined by the City, cutting of pavement shall be prohibited a) in a newly constructed, reconstructed or resurfaced street for a period of five (5) years from the paving of such street, or b) in a street where a trench was previously available due to construction or other similar activities, for a period of three (3) years from the date the trench was available when in each instance, PSE was given reasonable prior notice to perform work in the Franchise Area. The City may require that PSE facilities be located within existing underground ducts or conduits wherever the capacity exists. Provided, however, the Director of Public Works and Utilities, or designee, may in his or her discretion permit pot-holing (subject to conditions to alleviate the harmful effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the Director of Public Works and Utilities, or designee, that (a) such pot-holing is necessary to avoid interference with existing utilities; (b) such pot-holing is the only reasonable alternative available to locate existing utilities and (c) such pot-holing will result in little or no visual or other detrimental impact to the street. 3.6 Any and all property in the Franchise Area that is disturbed or damaged during the construction, operation, repair or removal of any PSE Facility shall be promptly repaired by PSE. The property must be restored to the satisfaction of the City and to a condition as good as or better than, and for street and sidewalk cuts, to a condition as good as before the disturbance or damage occurred. 3.7 PSE shall repair as needed all property in the Franchise Area restored as a result of any activity pursuant to Section 3, (which may consist of curb, gutter, sidewalk, pavement, or other restored appurtenances), in a condition as good as or better than, the condition of the adjacent undisturbed property in the Franchise Area to the extent such repair is required as a result of the restored area being defective or otherwise inferior to the adjacent untouched or undisturbed area as a result of PSE's activities in the Franchise Area. SECTION& RELOCATION OF FACILITIES. 4.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of PSE's then existing Facilities within the Franchise Area (for purposes other than those described in paragraph 4.2 below), the City shall: 4.1.1 Provide PSE, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 4.1.2 Provide PSE with reasonable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities within the Franchise Area at no charge to the City. If the City requires the subsequent relocation 3 ~ I Puget Sound Energy Franchise of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 4.1, the City shall bear the entire cost of such subsequent relocation. As used in this Section 4, the term "public right of way improvement" includes an improvement identified in the City's six-year Transportation Improvement Program or the City's Capital Improvement Plan. 4.2 Whenever (i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the fight as a condition of such relocation, to require such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities. 4.3 Any condition or requirement imposed by the City upon any third party (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which necessitates the relocation of PSE's Facilities within the Franchise Area shall be deemed a condition or requirement causing relocation of PSE's Facilities to occur subject to the provisions of Subsection 4.2 above; provided, however: 4.3.1 If the City reasonably determines, and notifies PSE in writing of such determination, that the primary purpose of imposing such condition or requirement upon such person or entity is to cause, on the City's behalf, a public s~eet improvement within the Franchise Area, then relocation will be pursuant to Section 4.1 above. 4.4 Nothing in this Section 4 "Relocation of Facilities" shall require PSE to bear any cost or expense in connection with the location or relocation of any Facilities then existing under benefit of easement or such other private property fights. 4.5 The conversion to underground service shall be pursuant to Section 12. SECTION 5. INDEMNIFICATION AND INSURANCE. 5.1 Indemnification. 5.1.1 PSE shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, demands, injuries, damages, losses or suits, including all legal costs and attorney fees, made against it on account of injury or damage to the person or property of another, to the extent such injury or damage results, or is alleged to result, from the negligent or intentional acts or omissions of PSE, its officers, officials, employees, agents and volunteers, in connection with the exercise of the fights granted to PSE in this Franchise, including, but not limited to, the construction, inspection, maintenance, or operation of PSE Facilities, or the placement or location of it's Facilities in the Franchise Area. In the event any such claim or demand is presented to or filed with the City, the City shall promptly notify PSE thereof. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any fight, privilege or authority granted by or exercised pursuant to this Franchise when the City determines that such participation is 4 ~ ~.~ Puget Sound Energy Franchise required to protect the interests of the City or the public. The cost of such additional City participation shall be borne by the City. PSE's obligation to indemnify the City shall not apply to any claim, demand, injury, loss or suit that is caused by or arises out of the sole negligence of the City, its officers, officials, employees, agents and volunteers. Upon indemnification and defense of the City, PSE shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand, provided further, that in the event any suit or action be begun against the City based upon any such claim or demand, the City shall likewise promptly notify PSE thereof, and PSE shall have the right, at its election and sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. 5.1.2 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by PSE, its agents, servants, contractors, officers, or employees, during or at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. 5.1.3 In the event that PSE refuses a tender of defense under subsection 5.1.1 above, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the PSE, then PSE shall pay the City's reasonable attorneys' fees incurred in connection with the wrongful refusal of such tender (in addition to, and without limitation of, such other costs and expense as are determined by such court or tribunal as being within the scope of subsection 5.1). 5.1.4 As to claims made pursuant to Section 5.1, such claims shall survive the expiration or termination of this Franchise. 5.1.5 The City shall not be liable to PSE for any damage to or loss caused by the City of any PSE Facilities within the Franchise Area as a result of or in connection with any public works, public improvements, construction, excavating, grading, filling, or other City work except to the extent such loss is attributable to intentional acts or omissions or the gross negligence of the City; provided that in no event shall the City be responsible for consequential damages, including, but not limited to, lost profits or business interruption. 5.2 Insurance. 5.2.1 PSE shall maintain for the duration of this franchise, insurance or self insurance against claims for injuries to persons or damage to property that may arise fi.om or in connection with the exercise of franchise fights by PSE, its agents, representatives, employees, contractors or volunteers. PSE shall provide and keep current a certificate of insurance evidencing commercial general liability insurance with limits no less than $1,000,000 combined single limit and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include blanket contractual, products/completed operations, broad form property damage, and explosion, collapse and underground (XCU). The City, its officials, employees, agents and volunteers, shall be named as an additional insured, as respects work performed by or 5 t~.~ Puget Sound Energy Franchise on behalf of PSE, and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance. PSE's insurance shall be primary insurance as respects the City, and the_City shall be given 30 calendar days prior written notice of any cancellation, suspension or material change in coverage. SECTION 6. MOVING BUILDINGS WITHIN THE FRANCHISE AREA. 6.1 If any person or entity obtains permission from the City to use the Franchise Area for the .moving o.r removal of any building or other object, the City shall, prior to granting such permission, reqmm such person or entity to make any necessary arrangements with PSE for the temporary adjustment of PSE's wires to accommodate the moving or removal of such building or other object. Such necessary arrangements with PSE shall be made, to PSE's reasonable satisfaction, not less than fourteen (14) days prior to the moving or removal of said building or other object. In such event, PSE shall at the expense of the person or entity desiring to move or remove such building or other object, adjust any of its wires which may obstruct the moving or removal of such building or other object. SECTION 7. REVOCATION OF FRANCHISE. 7.1 This Franchise may be revoked and all fights therein forfeited by the City if PSE shall fail to comply with the terms and conditions of this Franchise. Without limiting the generality of the foregoing, the City may initiate a proceeding to revoke this Franchise if it believes that any one or more of the following actions by PSE constitute a breach of this Franchise: 7.1.1 Construction or operation of Facilities in the Franchise Area without a franchise, in a manner that is inconsistent with this Franchise; 7.1.2 Construction or operation of Facilities in the Franchise Area at an unauthorized location within the Franchise Area so as to be inconsistent with this Franchise; 7.1.3 Unauthorized assignment of this Franchise by PSE, in a manner that is inconsistent with this Franchise; 7.1.4 Material misrepresentation of fact by or on behalf of PSE upon which the City relies in making a decision to grant, review or amend this Franchise; 7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is inconsistent with this Franchise; 7.1.6 Failure to relocate Facilities in accordance with this Franchise; or 7.1.7 Violation of any other material provision of this Franchise. 7.2 In the event that the City believes that grounds exist for revocation of the Franchise, PSE shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or 6 L[~ Puget Sound Energy Franchise noncompliance, and providing PSE a reasonable period of time not exceeding thirty (30) days to furnish evidence: 7.2.1 That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; or 7.2.2 That rebuts the alleged violation or noncompliance; 7.3 In the event that PSE fails to provide evidence reasonably satisfactory to the City as provided in Subsection 7.2 above, the City shall refer the apparent violation or non- compliance to the City Council. The City Council shall provide PSE with notice and a reasonable opportunity to be heard concerning the matter. 7.4 If the City Council determines that PSE willfully violated or failed to comply with the terms and conditions of this Franchise through willful misconduct or gross negligence or failed to heed or comply with any notice given PSE by the City under the provisions of this Franchise, then upon order of the City Council, this Franchise may be revoked and all rights therein forfeited. 7.5 The foregoing provisions of subsections 7.1 through 7.4 (pertaining to certain remedies afforded the City in the event of a breach of this Franchise by PSE) are in addition to, and not a limitation of, any and all right and remedies afforded a party in the event of a default by the other party. Without limiting the generality of the foregoing, ifa party shall be in default of its obligations under this Franchise, the other party may secure an order of specific enforcement of the defaulting party's obligations under this Franchise fi.om the Superior Court. SECTION & NONEXCLUSIVE FRANCHISE. 8.1 This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area which do not interfere with PSE's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. SECTION 9. FRANCHISE TERM. 9.1 This Franchise is and shall remain in full force and effect for a period often (10) years from and after the effective date of the Ordinance, provided, however, PSE shall have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise unless PSE shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. SECTION IO. ASSIGNMENT. 10.1 This Franchise may not, directly or indirectly, be transferred, assigned or disposed of in any manner by PSE except as provided by RCW 80.12.020 (collectively, "Assignment") Puget Sound Energy Franchise 10.2 Without limiting the generality of the foregoing and to the extent consistent with applicable law, an assignment, in whole or in part, shall be subject to the City's prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, the City hereby consents to PSE's mortgage of this Franchise to the trustee for its bondholders. SECTION ll. HERBICIDES. 11.1 PSE shall not apply any herbicide within the Franchise Area without providing the City fourteen (14) days prior written notice of such application, unless the parties agree to a different term, or the City gives a blanket approval as part of a periodic program of spraying. PSE shall post thc relevant portion of the Franchise Area at least 8 days prior to any spraying with notice of intended spraying. Nothing herein is intended or shall be construed to relieve PSE of any and all other requirements of applicable law relating to the application of herbicides. SECTION12. UNDERGROUND AND NEW INSTALLATION OF DISTRIBUTION FACILITIES. 12.1 The City may by written notice to PSE, request PSE to underground its existing distribution Facilities (of 15,000 volts or less) within the Franchise Area improved by the City; provided, that such conversion of PSE's existing Facilities shall be accomplished in accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor, more specifically as applicable, UTC Tariff G, Schedule 74 as enacted and hereinafter amended. 12.2 IfPSE elects to install new overhead distribution Facilities (of 15,000 volts or less) within the Franchise Area or a new extension of existing overhead distribution Facilities within the Franchise Area, PSE will provide written notice to the City. The City may by written notice to PSE, request PSE to install such Facilities underground within the Franchise Area; provided, that such installation underground of PSE's Facilities shall be accomplished in accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor, more specifically as applicable, PSE Electric Tariff G, Schedule 74 as enacted and hereinafter amended. 12.3 PSE shall submit design drawings of all underground installations showing the location of all existing utilities using best available information with proposed clearances within the right of way to the City Engineer for City review. Upon completion of construction of such underground installation, PSE shall, within thirty (30) days, submit as-built drawings to the City Engineer for City records. SECTION 13. RIGHT OF CITY TO USE PSE'S POLES. 13.1 During the term of this Franchise, the City may, subject to PSE's prior written consent which shall not be unreasonably withheld, install and maintain City-owned overhead wires for traffic signalization and non-commemial City communication systems (including, but not limited to, data, phone and video) and may install and maintain City-owned street lights upon PSE's poles located within the Franchise Area without charge. The foregoing fights of the City to install and maintain such wires, and street lights are further subject to the following: 8 ~ Puget Sound Energy Franchise 13.1.1 The City shall perform such installation and maintenance at its sole risk and expense in accordance with all applicable laws and in accordance with such reasonable terms and conditions as PSE may specify SECTION14. RECORDS OF INSTALLATION. 14.1. PSE shall provide the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities within the Franchise Area. As to any such drawings so provided, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of PSE or the City, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. SECTION 15. STREET LIGHTING. 15.1 PSE shall provide street lighting services as requested by the City in accordance with applicable schedules and tariffs now on file or hereafter amended with the Washington Utilities and Transportation Commission (or such other regulatory agency having jurisdiction). Additionally, PSE shall provide proper maintenance and prompt customer service to the City with respect to the providing of street lighting service to the City. 15.2 The City reserves the right to install and maintain street lights on PSE poles pursuant to Section 13. No reasonable request by the City for City installation of City-owned street lights will be denied by PSE. 15.3 The City reserves the right to purchase any and all street light systems on PSE poles for market value to be negotiated by the parties. 15.4 By March 1 of each year, PSE shall provide to the City a current inventory of all street lighting fixtures showing all additions and deletions together with updated utility maps showing the location of each PSE-owned street light for which the City is responsible for payment. SECTION 16. FRANCHISE FEE. 16.1 The parties understand that the restrictions of RCW 35.21.860 forbid the imposition of a franchise fee. If at any time the restrictions of this statute should be removed or modified, the City may seek to amend this Franchise in accordance with Subsection 22.2 below. SECTION 17. CHARGE FOR ADMINISTRATIVE COSTS. 17.1 As provided in RCW 35.21.860, the City may recover from PSE actual administrative expenses incurred by the City that are directly related to: (i) receiving and Puget Sound Energy Franchise approving a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii) preparing a detailed statement pursuant to Chapter 43.21C RCW. SECTION 18. RIGHTS GRANTED. 18.1 No authorization granted under this Ordinance shall convey any right, title or interest in the public ways, but shall be deemed an authorization only to use and occupy thc public ways in accordance with RCW 80.32.010. Further, this Ordinance shall not bc construed as any warranty of title. SECTION19. REPAIRAND EMERGENCY WORK. 19.1 In the event of an unexpected repair or emergency within the Franchise Area for which a permit has not been obtained in accordance with Bremcrton Municipal Code (BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authorized by the BMC, PSE may commence such repair and emergency response work as required under the circumstances, provided PSE shall notify thc City as promptly as possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. The provisions of this section do not relieve PSE from the requirement to obtain permits and approvals from the City and all other agencies with jurisdiction as set forth is Section 2.6. SECTION 20. MAINTENANCE OF FACILITIES. 20.1 PSE shall maintain its Facilities within the Franchise Area in a manner that complies with all applicable federal, state and local requirements. Additionally, PSE shall provide reasonable maintenance of PSE Facilities, including poles, to prevent deterioration of equipment and service and provide prompt customer response to both the City and the public with respect to deficiencies or failure of Facilities in providing such service. 20.2 Nuisance poles and other Facilities shall be defmed, identified and further shall bc removed, replaced, relocated or otherwise remedied pursuant to BMC 11.02.270 as currently enacted and as hereinafter amended. 20.3 Replacement of PSE Facilities shall not constitute a requirement that the City upgrade its existing attached equipment or facilities provided transfer of such existing equipment or facilities may bc reasonably accommodated on PSE's new Facility. SECTION21. SHARED USE OF EXCAVATIONS. 21.1 Shared use of excavations shall be pursuant to BMC 11.02.170 as currently enacted or as hereinafter amended. 10 a Puget Sound Energy Franchise 1 SECTION22. HEADINGS. 22.1 The headings o£ sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. SECTION23. AMENDMENTS. 23.1 Except as provided in this paragraph 23.1, this Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 5.1 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 23.1.1 references this Franchise; and 23.1.2 states that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. SECTION24. TARIFFS. 24.1 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor, as construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. 24.1.1 All notices of proposed applicable tariff adjustments, changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by PSE shall be mailed concurrently to the City of Bremerton, to the attention of thc Director of Public Works and Utilities. SECTION2$. PRIOR FRANCHISE SUPERCEDED. 25.1 This Franchise shall supercede all prior franchises granted to PSE or its predecessors by the City. 11 ~ ~ Puget Sound Energy Franchise SECTION26. SEVERABILITY. 26.1 If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION27. EFFECTIVE DATE. 27.1 This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of _, 2003 PASSED by the City Council the day of ., 2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. 12 ~D Puget Sound Energy Franchise CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application : of Puget Sound Energy, Inc., a : Franchise Ordinance No. Washington corporation, for a : franchise to construct, operate and maintain facilities in, upon, over under, along, across and: through the franchise area of the ACCEPTANCE City of Bremerton, : Washington : WHEREAS, the City Council of the City of Bremerton, Washington, has granted a franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, by enacting Ordinance No. , bearing the date of ,2003; and WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget Sound Energy, Inc. on ,2003, from said City ofBremerton, Kitsap County, Washington. NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this day of _, 2003. ATTEST: PUGET SOUND ENERGY, INC. By: Its: Copy received for City of Bremerton on ,2003 By:. Kathleen McCluskey, City Clerk R:\LEGAL\Ordinances~SE Franchisel.DOC 13 ~ Puget Sound Energy Franchise DATE SUBMITTED: 11/10/03 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL .... ' ...... " ~;'~ Z; ' ~'~'~r~,'~'~:~' ..... '" .... ''" ...... '" ............. ''" .... '"" .... " SUBJECT: Public Hearing and Ordinance Committee Meeting Date: Budget Hearings Levying Property Taxes for Collection in COUNCIL MEETING Date: ; ;,'[2,T,34L 11/19/03 2004 Department: Finance Presenter: Michael Wilson Phone: 473-5590 SUMMARY: The City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): As presented in the FY2004 Proposed Budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: z ~ ~ .~ ~ ./~ -~: ,', ~'~ ..... RECOMMENDED MOTION: 1.--! -' " · ..... -~' - "-- ......... - 2. I move to pass on second reading Ordinance # z~8 70 levying property taxes for collection in 2003. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. 4 ~ '7 ~ AN ORDINANCE of the City of Bremerton, Washington relating to the levying taxes and establishing the amount to be raised in 2004 on the assessed valuation of property within the City. WHEREAS, the City Council of the City of Bremerton attests that the City of Bremerton population is approximately 38,730; and WHEREAS, the City Council of the City of Bremerton has properly given notice of the public heating held on October 29 and November 12, 2003, to consider the City's revenue sources for the City's General Fund budget; and WHEREAS, the City Council of the City of Bremerton, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires an increase in property tax revenue from the previous year, in addition to that resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property and all allowable levies in order to discharge the expected expenses and obligations of the City; WHEREAS, the Bremerton City Council has determined that the levy amount will be based on the 2003 levy rate; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, is hereby authorized to levy property taxes to be collected in 2004 in the amount of $5,195,000 which includes an increase of $50,572 representing a percentage increase of 1.0% from the previous year. SECTION2. That the EMS property tax levy as approved by the voters, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, is hereby authorized for the property taxes to be collected in 2004 in the amount of $862,000 based on the EMS levy rate of $.50 per $1,000 assessed valuation. 1 2004 Taxes SECTION3. That a property tax levy for debt redemption of the 2002 UTGO Public Safety Bonds and 1997 UTGO Fire Refunded Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2004 at a rate sufficient to provide $1,053,339 needed to meet debt service obligations in 2004. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2003 EFFECTIVE the day of ., 2003 ORDINANCE NO. R:\LEGAL\Ordinances~FinanceX2004 Taxes.ord.doc 2 2004 Taxes