HomeMy WebLinkAbout11/12/03 AGENDA 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
CITY COUNCIl MEETING AGENDA
NOVEMBER 12, 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. Minutes of Meeting - October 22, 2003 (#AB03-207)
B. Minutes of Meeting - October 29, 2003 (#AB03-208) ! 0
C. Hiring of Edwin T. Lever as Engineering Project Manager (#AB03-209)
D. Contract Award to T. BAILEY, INC. for Reservoir #19 Standpipe Tank Repair and ~,.~
Seismic Upgrade (#AB03-210)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Grant of Easement to Puget Sound Energy (#AB03-211)
9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Resolution No. 2912, Naming the Boardwalk in honor of former Mayor Louis Mentor
(#AB03-212)
B. Ordinance [First Reading] Amending B.M.C. Chapter 11.02 relating to Right-of-Way ~ ~''
Uses (#AB03-213)
C. Ordinance [First Reading] Granting Puget Sound Energy a Franchise (#AB03-214)
D. Ordinance [First Reading] Levying Property Taxes for Collection in 2004 (#AB03-215) 5',.~
E. Public Hearing on Proposed FY2004 Budget [No CouncilAction Required] (#AB03-206)
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
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@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us
DATE SUBMITTED: October 31, 2003 BILL # 0.~' -
AGENDA BILL
CITY OF BREMERTON 3 A
CITY COUNCIL
SUBJECT: Minutes o£Meeting - Committee Meeting Date: N/A
October 22, 2003 COUNCIL MEETING Date: November 12, 2003
Department: City Council
Presenter: Carol Arends
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held October 22, 2003.
ATTACHMENTS: Minutes for October 22, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT: ,~.,:~,, ~_~£- ~,~ ~ ~. ~, ,~'<,.
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
I
TAPES #1918 & #1919
CITY COUNCIL MEETING MINUTES
October 22, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 22, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike Short,
Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and
Wayne Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula
Johnston; and Council Assistant Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnel!,
followed by the invocation provided by Council Member Daren Nyaren.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
agenda.
CONSENT AGENDA A. Minutes of Meeting - September 24, 2003 (#AB03-196)
B. Minutes of Meeting - October 8, 2003 (#AB03-197)
C. Minutes of Meeting - October 15, 2003 (#AB03-198)
D. Change Order No. 2 for Casad Dam Intake Tower Upgrades Project (#AB03-199)
#0025 M/SIC (McConnell/Rollman) Move to approve Consent Agenda as presented.
Voted in favor of Motion: McConnell, Nygren, Rollman, Shepherd, Younger, Maupin, Short, and
Arends
Abstained: Olsen
Motion carried: 8-Yes; 1-Abstention
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0060 M/S/C/U (McConnell/Olsen) On October 22, 2003, the Council approved payment for Check
Numbers 285144 through 285371; and EFT-7895 through EFT-7902 in the total amount of
$1,824,631.59; and Regular Payroll in the amount of $916,734.48 for the pay period ending
October 15, 2003.
COUNCIL MEMBER REPORTS
Will Maupin reminded citizens about the District 6, 7, 8 & 9 Community meeting that would be
held tomorrow night on October 23, from 7:00 to 8:30 P.M. at the Public Works & Utility facility
located at 100 Oyster Bay Drive to discuss "PASSENGER ONLY FERRIES".
Eric Youn!:ler mentioned that there is a public meeting on Thursday, October 30th at 7:00 P.M. in
the Council Chambers regarding a 25-unit planned unit development project that a developer
would like to build on the corner of 25th & Wycoff Streets. He clarified that no application has yet
been submitted, but this is an opportunity for the public to comment on this proposed
development. If additional information is required, citizens may contact the developer Mr.
Goldberg at (206) 524-4846 or City Planner Robert Grumbach at (360) 473-5379.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 2 of 8
Mike Shepherd asked that anyone interested in volunteering to plant trees along the SR3 corridor
to please contact Don Larson, Council Member Nygren, or himself; reported that the Evergreen
Rotary Park transformation will be recognized at the BROWNSFIELDS CONFERENCE being held in
Portland next week; and lastly, offered condolences to the family of Winnie Trumper, who passed
away this week.
Ed Rollman announced that a "METH LAB SUMMIT T~" is the scheduled Program for the next District
4 meeting tomorrow night on October 23, from 7:00 to 8:30 P.M. at the Washington Mutual
Building located at 5th & Pacific. He also informed any citizens interested in seeking employment
with OPUS NORTHWEST may call (425) 453-4100.
Daren Nyflren announced that the District 3 meeting originally scheduled for Saturday, October 25
has been cancelled; but the next District 3 Meeting would be held on Tuesday, November 25
starting at 7:00 PM. at the Manette Senior Center.
Cecil McConnel! reminded citizens that the next District I & 2 Town Meeting would include an
opportunity to participate in a "QUESTION & ANSWER PERIOD" on "LOCAL CONCERNS & ISSUES"
Thursday, October 23 from 6:30 to 8:00 P.M. with special guest Gene Sampley, Director of Public
Works & Utilities.
Wayne Olsen encouraged all citizens to attend the District 1 & 2 Town Meeting, and explained
that the district meetings are for all citizens, and not limited to the residents of any given district.
Carol Arends commented on the neighborhood forum that was held on Monday, October 20
regarding the proposed site for the "FACILITY FOR HOMELESS MEN". She also hoped that citizens
would come to the District 6, 7, 8 & 9 Community meeting that would be held tomorrow night to
receive information about the Ferry Initiative.
MAYOR'S REPORT - Mayor Bozeman...
· Introduced Judge Paja from Kitsap County Superior Court; Dayle Crane, Kitsap County
District Court Director of Probation and former President of MCA; and lan Cobh, Bremerton
Probation Officer who presented City of Bremerton Municipal Court Judge with an award
for being selected as the "2003 Most Valuable Player Outside Misdemeanant Corrections
Association";
· Was pleased to report that at the completion of their audit of the City, the State Auditor's
Office found the City of Bremerton to be in compliance for the past year;
· Thanked the~ Public Works and Fire Departments for their efforts to help citizens during the
recent storm's and flooding;
· Commented on the Transportation Commission Meeting he attended earlier today and
emphasized the importance of having a transportation plan to deal with evident problems
like traffic and ferry schedules; and
· Proclaimed October 19 through 25, 2003 as "YWCA Week Without Violence"; which
was accepted by representatives of YWCA.
PUBLIC RECOGNITION - There were no comments tonight.
3
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 3 of 8
8A - PURCHASE, SALE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
BREMERTON AND THE PORT OF BREMERTON (#AB03-200): Gary Sexton, Director of
Economic Development, explained that this agreement is primarily a pass through agreement for
the construction of the Port of Bremerton's Harbor Master Facility by OPUS in the Bremerton
Harborside Project. All construction costs are paid by the Port of Bremerton. The costs for survey
and title transfer are equally divided between the City and the Port. The agreement reconfirms the
City's providing 10 parking spaces on Second Street and/or east of Washington Avenue that were
lost when the old parking lots were removed. This contract will result in an additional facility to the
waterfront development and will facilitate additional work in the downtown area.
There were no comments from the public.
Mr. McConnell asked if dedicating parking spaces on the street would be in conflict with the
Traffic Ordinance. Mr. Lubovich responded that the issue would need to be addressed if the
parking spaces are in the right-of-way. He explained that any changes to the contract that may be
needed so that the agreement will comply with state law can be made post passage or a
previously developed alternative may be implemented. Mr. Sexton explained that there is a "time
sensitive" schedule for this project. Also, to address the concerns on parking spaces, he added
that those spaces which were originally dedicated for this project may be added to off-street
parking spaces if the option of the right-of-way parking space dedication is not viable.
#1075 MISlCIU (McConnell/Olsen) Move that the Mayor be authorized to sign the City of
Bremerton/Port of Bremerton Purchase, Sale and Development Agreement on behalf of the City of
Bremerton, including non-substantive modifications as may be approved by the City Attorney and
Director of Economic Development.
9A - PUBLIC HEARING AND RESOLUTION NO. 29'10 TO CONTINUE MORATORIUM ON
"GROUP RESIDENTIAL FACILITIES" (#AB03-20'I): City Attorney Roger Lubovich, reminded
Council that on September 24, 2003, the City Council adopted Resolution No. 2908 imposing a
moratorium barring acceptance for any building, land use, or development permit of approval for
Class ! and Class [[ Group Residential Facilities as defined in B.M.C. Section 22.02.070 until
additional review has been completed and any necessary code revisions have been adopted.
R.C.W. Section 35.63.200 provides that a city adopting a moratorium shall hold a public hearing
within 60 days of adoption of the moratorium. The moratorium expires October 22, 2003, unless
continued by the City Council following the hearing. The proposed resolution adopts Findings of
Fact and continues the moratorium until March 23, 2004, to allow time to complete review and to
make any necessary code revisions. He recommended that the Council not continue the
moratorium with respect to handicapped individuals and facilities providing services for
handicapped individuals. Options may include: 1) Continue the moratorium; or 2) Extend the
moratorium with an exception being made to handicapped individuals to be in compliance with the
Federal Housing Act; or 3) Let the moratorium expire and process applications accordingly.
The following is a summary of the comments received by the public...
Father Freita~, Our Lady Star of the Sea Church, explained that he takes pride in the community
and would like the community to stay beautiful. He emphasized the imporlance of a homeless
men's shelter in the community and would like to see people treated well and with dignity.
Virgil Elkinton urged the Council not to pass the moratorium.
Pastor Earl Rice, Bremerton First United Methodist Church, encouraged the Council to allow the
community to help others who are in need of such services.
TAPES #1918 ݿ
City Council Reg. Mtg. Minutes
October 22, 2003
Page 4 of 8
Larry Mueller provided testimony on what it was like being homeless, and urged compassion.
Sister Pat Millen, Catholic Community Services, defined homelessness and would like the
Council to consider the needs of these individuals and to not continue the moratorium.
VirRinia Smith asked that the community be given an opportunity to get to know the homeless
people.
Lisa Turek is a resident in the area where the proposed facility would be located and was not
opposed to the facility but rather the location for the facility. She emphasized that there are
children in the neighborhood and that their safety should be seriously considered, and suggested
that other locations be considered.
Denny Hunthausen, Catholic Community Services, pointed out that the homeless issue must be
acknowledged since this is a problem on a national scale. Due to the timing of this moratorium
with the recent proposed shelter project, he asked the Council to oppose the moratorium.
Tiny Collins surveyed the citizens in attendance to see who has seen the proposed project site
and who actually lives in that area. He commended Mr. Lubovich for his work on the ordinance
since the moratorium would allow the City to review what effects these kinds of projects may have
on neighborhoods.
Dan Turek would like to emphasize that there are some negatives to this proposed project when a
shelter is brought into a neighborhood with single family residences and children. The City should
do something that will really impact the homelessness issue.
Athena Hiaains mentioned that she is an advocate for the homeless, but questioned the location
of the shelter. She added that the neighborhood is not equipped to provide services for such a
shelter and pointed out that the location is not close to transportation, which should be considered.
Mike Vivier discussed how other communities are solving the homeless problem and encouraged
the Council to study all of the information regarding chronic homelessness and how that may
impact the community. He asked that the moratorium be continued.
Beverly Kincaid, Catholic Community Services, summarized past experiences with homeless
people who moved onto jobs and to self sufficient lives. She urged the Council not to continue the
moratorium.
Roger Allen discussed the composition of the neighborhood which included fixed income,
veterans, disabled, and citizens who wish to protect their children. He requested that the Council
extend the moratorium.
Terry Cam, Elder with Poulsbo Seventh-Day Adventist Church, emphasized that this proposed
shelter would only handle 10% of the homeless population. He added that if residents were
bussed in and out, that almost sounds like a hotel. The shelter will be visible and will affect
property values not on what is actually going on but the potential problems that homelessness may
bring. The proposed location for the shelter is wrong and something should go in that reflects the
needs of the neighborhood.
Pastor Jim Bemis, Our Lady Star of the Sea Church, expressed his opinion that a moratorium
would only create more antagonism between the City and residents, and that the homeless
problem needed to be addressed.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 5 of 8
TAPE #1919
Mr. Younl:ler expressed concern about the homeless issue and emphasized that we need time to
review this decision and to make sure we are in compliance with our zoning ordinances. He
explained that Planning Director Chris Hugo had suggested that the City look at this issue, and
that this process should not take 6 months. The Council needs time to review the issue and to find
an appropriate location for the shelter.
Mr. Short announced that he is part of the Habitat for Humanity Board, and that the Habitat for
Humanity donated the property in question. He sought clarification from the Legal Department as
to whether or not there was a conflict of interest with respect to this issue. Since he would not gain
from this proposed shelter, he did not excuse himself. He agreed that the location should be
considered and the zoning ordinances need to be reviewed.
Mr. Maupin did not believe that the City had a compelling enough reason to continue the
moratorium and that the proposed location for the shelter may not be the right place. He thought
that we should all work together to figure out where the shelter should go, arid that there is a public
process to deal with this issue and we should move forward in that process.
Mr. McConnell stated that it needs to be clarified whether this project is a "shelter" or a "home" for
the homeless. Shelters should not be considered under the category of group homes since
shelters are for temporary or over night residence. He concluded that the Attorney and
Community Development need to review this issue.
Mr. Rollman emphasized that this is a land use issue, and not about whether or not we want a
shelter. He asked for clarification on the Federal Housing Act and the process that Community
Development uses to review applications. Mr. Lubovich answered that if this shelter were a
group home providing social services to handicapped individuals, then the proiect could be
considered regardless of the moratorium. He added that the application determines the direction
of review. Any appeals of that application would be directed to the Hearing Examiner.
Ms. Arends asked for clarification on the appeal process. Mr. Lubovich repeated that there is an
appeal process within the court system but Council is not involved at the point in the process.
Mr. Olaen felt that this issue needs to be addressed in the Hearing Examiner process and that
Council does not have the authority to make decisions on specific land issues.
Mr. Shepherd concurred that the homeless issue needs to be addressed and commented that his
district in particular is affected by homeless. There is no place in the City that a shelter would not
affect a community.
Mr. Ny~lmn was sympathetic to the concerns of the residents, and asked for clarification on the
action to be taken tonight on the moratorium, but added that the issue of the zoning code needed
to be considered. Mr. Lubovich reiterated his recommendation that the moratorium should not be
continued in its current form, and that the handicapped issue needs to be separated from the
homeless issue.
Ms. Arends was concerned initially with the project going forward without reviewing the zoning
code. She recommended that the Hearing Examiner handle the shelter application issue and that
more progress be made on updating the zoning code.
TAPES #1918 ݿ
City Council Reg. Mtg. Minutes
October 22, 2003
Page 6 of 8
The Council recessed from 7:30 P.M. to 7:43P. M.
Mr. Younger asked for clarification on what options the Council may have with respect to the
moratorium. Mr. Lubovich explained that either the 1) revised moratorium be continued; or 2) the
moratorium may expire. Applications would be reviewed with respect to the proposed use and the
current zoning code.
Mr. Younger emphasized that Council must make policy issues because the code does not
discuss the issue. He recommended that the moratorium go forward so there will be time to
review the code and make the right decisions.
Mr. McConnell indicated that steps should be taken to see that a situation such as this does not
happen again.
Mr, Rollman reiterated that the zoning code is vague and that the Council needs time for review.
Mr. Nygren apologized for speaking for Mr. Lubovich earlier and thanked him for his insight on the
moratorium.
Mr. Shepherd did not see any point in refining the code when those changes would not be
effective.
Mr. Short thanked those who spoke on this issue, and that the decision as to where the shelter
would go was not being decided tonight. Mr, Olsen also thanked those who spoke on this issue.
Mr. Maupin hoped the community could work together and the moratorium may not be the proper
way to deal with the issue.
Ms, Arends recommended not continuing the moratorium.
#1225 M/S/F (Younger/McConnell) Move to pass Resolution No. 2910 continuing the moratorium
on the acceptance of applications for any building, land use, or development permit or approval for
Group Residential Facilities until March 23, 2004.
Voted in favor of Motion: Rollman, Younger, and McConnell
Voted opposed to Motion: Shepherd, Maupin, Short, Olsen, Nygren, and Arends
Motion Failed: 3-Yes; 6-No
9B - PUBLIC HEARING AND RESOLUTION NO. 2911 TO CONTINUE MORATORIUM ON
"UNLISTED USES" {#AB03-202): City Attorney Roger Lubovich, reminded Council that on
September 24, 2003, the City Council adopted Resolution No. 2907 imposing a moratorium barring
acceptance for any building, land use, or development permit of approval for Unlisted Uses, which
pursuant to B.M.C. Section 21.02.150, are not listed in Figures 120 and 140 of the zoning code, as
allowable uses by zones until additional review has been completed and any necessary code
revisions have been adopted. R.C.W. Section 35.63.200 provides that a city adopting a
moratorium shall hold a public hearing within 60 days of adoption of the moratorium. The
moratorium expires October 22, 2003, unless continued by the City Council following the hearing.
The proposed resolution adopts findings of fact and continues the moratorium until March 23,
2004, to allow time to complete review and to make any necessary code revisions.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 7 of 8
Clarence Land expressed concern about whether or not a use is listed. He believed that there
needs to be a distinction made between a resident, a homeowner, and a non-government
organization and the types of uses by those individuals in those facilities.
Mr. Lubovich stated that the code will be reviewed so that classifications may be specified. Not
all uses can be covered in the code and there will be some uses that do not fit into any category.
Denny Hunthausen supported setting more guidelines with respect to the zoning code and
believed that the shelter would be difficult to place in any community.
Sister Pat Millen felt that this should not be a case of the moratorium vs. the shelter, and trusts
that the Council will make the right decision.
Dave Gray supported Council's decision to review the code and to allow the process to proceed,
but did not believe that the moratorium was necessary.
Tiny Collins was concerned that the proposed shelter is being pushed off onto people who may
not want that project to proceed, and that the Hearing Examiner only addresses the legality of the
applications. Mr. Lubovich paraphrased that the Hearing Examiner does take public testimony
and does review the applications with respect to the law.
Father Freitaf:I stated that we need to collaborate to meet our needs.
Mr. McConnell supported the moratorium since Community Development currently does not have
clear guidelines to go by to review the proposed uses and we need time to set those guidelines.
Mr. Rollman asked if criteria used by Community Development to look at similar uses conditions
will hold up to State and local laws.
Mr. Lubovich responded yes, that he was comfortable with the guidelines used by the Community
Development Director.
Mr. Shepherd said that addressing the criteria issue is overdue. However, the issue may best be
solved by ordinance. Per Mr. Lubovich that ordinance has already been developed.
Mr. Youn~ler asked if public testimony is taken during all hearing examiner hearings and if rulings
are handed out. Mr. Lubovich responded yes, testimony is taken and that the Council Member
would have to ask the examiner about rulings.
Mr. Short stated that Council Members do not have the knowledge to address land use issues and
should leave those decisions up to the hearing examiner.
Mr. Maupin and Ms. Arends emphasized that a moratorium would do no particular good at this
point in time.
#2420 M/S/F (Younger/McConnell) Move to pass Resolution No. 2910 continuing the moratorium
on the acceptance of applications for any building, land use, or development permit or approval for
Unlisted Uses until March 23, 2004.
Voted in favor of Motion: Younger, Olsen, and McConnell
Voted opposed to Motion: Shepherd, Maupin, Short, Nygren, Rollman, and Arends
Motion failed: 3-Yes; 6-No
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 8 of 8
With no further business, the regular meeting of the City Council was adjourned at 8:30 P.M.
Prepared and Submitted by:
CHRISTINE GRENIER ELLINGSON
Council Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNP J/cge/Is
DATE SUBMiTTED: October 30, 2003 BILL # ()~ ~
AGENDA BILL
CITY OF BREMERTON 3 ~
CITY COUNCIL
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
October 29, 2003 COUNCIL MEETING Date: November 12, 2003
Department: City Council
Presenter: Carol Arends
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held October 29, 2003.
ATTACHMENTS: Minutes for October 29, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT: J~g~a~_~ v~Le--~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] NoAction
TAPE #1920
CITY COUNCIL MEETING MINUTES
October 29, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 29, 2003, at
5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike
Short, Will Maupin, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council
members Eric Younger and Mike Shepherd were absent. Also present were Assistant City
Attorney Simon Stoker; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Pastor Ro,qer Henni.qan of Apostolic Life Tabernacle.
President Arends made the following announcements:
1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to
discuss updates to the agenda;
2. A 20-minute Executive Session will be held in the Council Conference Room immediately
following regular business to "REVIEW LABOR NEGOTIATIONS" per RCW Chapter 42.30.140
(4)(b); and
3. There will be a Monthly Study Session next Wednesday, November 5, 2003, beginning at
5:00 PM in the Council Conference Room.
CONSENT AGENDA
A. Intergovernmental Purchasing Agreement with the City of Richland for purchase of a
Backhoe (#AB03-203)
#0025 M/S/C (McConnell/Rollman) Move to approve Consent Agenda as presented.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on
a listing that had been made available to the Council.
#0055 M/S/C/U (McConnell/Short) On October 29, 2003, the Council approved payment for
Check Numbers 285055 through 285622; and EFT-7909 through EFT-7915 in the total amount
$1,337,331.26.
COUNCIL MEMBER REPORTS
Cecil McConnell thanked Gene Sampley, Director of Public Works & Utilities for the
outstanding job he did in answering questions at the last District 1 & 2 Town Meeting held last
Thursday, October 23, 2003.
Daren Nyclren announced the next Distdct 3 meeting on November 25 at 7:00 PM at the
Manette Senior Center would provide citizens an opportunity to review and ask questions about
the City's proposed 2004 Budget. He also met with several journalism students from Bremerton
High School, and was pleased at their interest in Municipal Government.
Ed Rollman provided a report on the "METH LAB SUMMIT ~" held last week, which provided
citizens an opportunity to educate themselves on this issue, and tools they can use to protect
their neighborhoods. He also thanked Police Chief Rob Forbes for his participation.
TAPE #1920
City Council Reg. Mtg. Minutes
October 29, 2003
Page 2 of 3
Will Maupin, Mike Short, and Carol Arends thanked the citizens and "pm" and "con"
representatives who participated in the discussion regarding the Ferry Initiative at the combined
District 6, 7, 8, & 9 Community meeting held last Thursday, October 23, 2003.
MAYOR'S REPORT - Mayor Bozeman...
· Discussed a meeting with members of the Washington State Transportation Commission he
attended last week to further discuss ferry issues;
· Thanked Gene Sampley, Director of Public Works and Jim Spencer, Director of Parks &
Recreation for their collaboration in creating a park on the property above the Boat Shed;
· Reported that Frank Chopp, Speaker of the House, was planning a visit to Bremerton in the
near future to tour the revitalization projects currently underway in downtown Bremerton;
· Attended a meeting with other large-City Mayors from around the state in Seattle Mayor
Greg Nickels' office to discuss tort reform and street funding; and
· Introduced Police Chief Rob Forbes, who honored Rena Brown for her 25 years of service
with the City of Bremerton Police Department.
PUBLIC RECOGNITION
Charleen Burnette from BREMERTON/KITSAP ACCESS TELEVISION (BKAT) explained that BKAT
and COMCAST were working diligently to resolve the audio problems with BKAT broadcasts.
8A - CONTRACT AWARD FOR "SR304 TRANSPORATION IMPROVEMENT PROJECT/
MISSOURI GATE PHASE" (#AB03-204): Lynn Price, Project Manager, explained that sealed
bids for construction of the project titled "SR 304 Transportation Improvement Project, Missouri
Gate Phase" were opened on October 9, 2003. Six bids were received for this project, and
STAN PALMER CONSTRUCTION COMPANY was the lowest, responsive, responsible bidder with a
bid of $3,023,451.23 including sales tax. The engineer's estimate for the project is
$3,550,102.70. He also briefly discussed the impact to the traffic during the discussion.
There were no comments from the public.
#0720 M/S/C/U (McConnell/OIsen) Move to award a contract in the amount of $3,023,451.23
with STAN PALMER CONSTRUCTION COMPANY for construction of the project titled "SR 304
Transportation Improvement Project, Missouri Gate Phase"; and authorize the Mayor to finalize
and execute the contract.
8B - REAL ESTATE PURCHASE AND SALE AGREEMENT FOR PROPERTY AT 817 10TM
STREET FOR NEW FIRE STATION (#AB03-205): Kathleen McCluskey, of the Economic
Development Department, stated that by Resolution No. 2887 dated March 12, 2003, the City
Council authorized an interfund loan in the amount of $800,000 to cover the cost of acquisition
of real property for the siting of a new Fire Station. The City subsequently purchased property
at 811 Park Avenue for this purpose. The City has recently completed negotiations for the final
parcel necessary for the project located at 817 10th Street in the amount of $101,000.00. Fire
Chief Al Duke was available to answer questions.
There were no comments from the public.
#0848 M/S/C/U (Rollman/Olsen) Move to approve Real Estate Purchase and Sale Agreement;
and authorize the Mayor to finalize and execute in substantially the same form as presented.
TAPE #1920
City Council Reg. Mtg. Minutes
October 29, 2003
Page 3 of 3
9A- PUBLIC HEARING ON PROPOSED FISCAL YEAR 2004 BUDGET {#AB03-206): Mayor
Cary Bozeman and Finance Director Michael Wilson provided an overview of the City's
proposed FY 2004 Budget. The City is required by State statute to hold three public hearings
on the budget prior to adoption. The second hearing is scheduled to be held November 12,
2003. There was no Council action required at this time.
At 6:15 P.M., the Council reconvened in the Council Conference room to "REVIEW LABOR
NEGOTIATIONS" per RCW Chapter 42.30.140 (4)(b). There was no Council action required at
this time.
With no further business, the meeting of the City Council was adjourned at 7:05 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNPJ/Is/cge
DATE SUBMITTED: OCTOBER 24, 2003 BILL
AGENDA BILL
CITY OF BREMERTON 5~
CITY COUNCIL
SUB.CT: Hiring of Project Manager Committee Meeting Date: Nov 4, 2003
COUNCIL MEETING Date: Nov 12, 2003
Department: Public Works &
Utilities
Presenter: W.E. Sampley, P.E. Phone: 473-5315
SUMMARY: City Council approval is requested to hire Mr. Edwin T. Lever as Project Manager at a
salary of $5973.00 per month. This equates to Pay Band 15, Rate 6. Mr. L~ver is being hired at this
rate because of his current pay as a City Civil Engineer Ill which is $32.15 per hour. The requested
salary is within the 5% limit to ensure no loss of pay for current City employees.
ATTACl~IENTS: Hiring Request/Hiring Letter/Position Description
FISCAL lMPACTS (Include Budgeted. Amount): None
CITY ATTORNEY: ci~.~ ~~'~-~~'-~ ~
FINANCE DIRECTOR: " ~~ ~A),~...~.~ ....
MAYOR' '
FISCAL/BUDGET:
OPERATIONS: ~,>~}.~,3~r,J,~-'(¢~ CONSENT AGENDA []
COUNCIL PRESIDENT: ~ce.L. )~ C~gdc~d3 ~--~
RECOMMENDED MOTION: That the City Council approve the hiring of Mr. Edwin T. Lever as
Project Engineer at Pay Band 15, Rate 6 and authorize Human Resources to process accordingly.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
HIRINGiPROMOTIONAL TESTING REQUEST
CATEGORY {Please check one): [] Civil Service
[] Exempt (Management/Professional)
[] Seasonal/Temporary/PART-TIME
[] Promotional
Fund/Departmen{: 532.2061
1. Position Classification & Pay Data:
a. Proposed Position Title: Project Manager
Requested Salary/Hourly/Range: $5973.00/month
b. Hours of work per day: 8 and per week: 40
c, Projected him/promotional date: Nov 3, 2003
d. Projected termination date (if applicable):
e. Number of positions of this classification being requested: 01
f. This is: An existing classification X
A new classification
g; This is an authorized, budgeted position: [] Yes [] No
h. Personnel cost and distribution: (To be completed by Finance)
2. Position Duties: (Please attach job description or detail the essential duties and
functions of the position requested).
3. Otherlnformation: This is to fill' the vacant posi.tion formerly held by
Robert Earl. (See Reverse)
siuEQUESTED BY DEPT: PURL. lC U0RKS & UTH-IT'~
chael C. Hecham, Cit)r~Enyn~r)~-'~"~~ 10/22/03
pervisor Date
~/, E. Sampley, P.E. ///' ~ _. 10/22/0]~
Director ' ' ~.--.---~ Date
APPROVED/DISAPPROVED: Explanation attached if disapproved:
HR Director Date
Finance Director Date
Mayor Date
15
The position is being offered to Mr. Edwin T. Lever, currently a City emp'Joyee
in a represented classification of Civil Engineer Ill. Mr.. Lever!~ cu[rent~pay:
is $32.15/Hr. To keep his pay commensurate with current pi~aCtlce,'he needs to
start at Rate 6 of Band 15. This will be addressed to Ci.ty Council by Agenda
Bill for their approval. I have also authorized hi~'to S~-t v~tion at 2~00
hours based on his being employed by the City since October 1, 1996.
PUBLIC WORKS & UTILITIES HAND DELIVERED
Administration
October 22, 2003
Mr. Edwin T. Lever
13890 NW Symington Parkway
Bremerton, WA 98312
RE: Offer of Employment- Project Manager
Dear Mr. Lever:
This letter shall serve as an official offer of employment made to you by the City Engineer for
the position of Project Manager. This offer of employment is the entire offer, and there are no
expressed or implied promises or representations being offered other than as enumerated below:
Your regular employment will commence November 1, 2003 ~ 7:30 AM. This is a regular,
salaried position with a normal work schedule of 7:30 AM to 4:00 PM, Monday through Friday.
Your salary will be approximately $5,973.00 per month (Management Salary Plan Band 15, Rate
6) pending approval of the City Council. Specific terms and conditions of employment for this
position are as set forth in B.M.C. 2.50 (copy attached). You will be entitled to 200 hours of
vacation per year instead of the amount specified in the referenced BMC Section.
Please indicate by your signature below whether or not you accept this job offer under the terms
and conditions as outlined above.
W. Eugene Sampley, P.E.
Director of Public Works & Utilities
cc: Cary E. Bozemart, Mayor
Roger Lubovich, City Attorney
Michael Wilson, Director of Finance
Carol Conley, Human Resources Director
LEVER- Offer of Employment Project Manager
October 22, 2003
Page 1 of 2
ACCEPTANCE OF JOB OFFER:
I, DWlN T. LEVER, hereby accept cmploymem with thc City of Bremcrton as Project
Manager, effective November 3, 2003 under the terms and conditions as set forth in this Offer of
Employment.
SIGNATURE: DATE:
EDWIN T. LEVER
I~VER- Offer of Employment Project Manager
October 22, 2003
Page 2 of 2
PROJECT MANAGER
Job Classification
ESSENTIAL FUNCTION
Under the general direction of the Public Works and Utilities Director, serves as project manager
responsible for managing facilities operations and establishing, implementing and monitoring
project management functions on planned or approved major improvement projects including
timelines, pemait processing, financing, amendments, inter-departmental/inter-agency
coordination, reporting and public information requirements.
DISTINGUIS1HNG CHARACTERISTICS
This is a professional staff management classification with responsibility for managing the City's
facilities function and applying project scheduling, financial monitoring, regulatory processing,
modifieation, recording and reporting techniques to assuro eff~tive progress of major capital
improvement plans or projects.
ESSENTIAL DUTIES
Prelects Management: Monitors the progress of approved major capital improvement proj~et
work; gathers information and ~to to identify or establish project schedules, timelines, budget
control procedures, progress r~port forms and routines. Identifies permit status/requirements,
initiates ac~ons necessary for ob~alnlng or coordinating work of others responsible for assuring
necessary permits ar~ obtained on scheclule. Establishes project manaE~ent monitoring
documents and r~orting mechanisms. Assists in negotiating alterations to conditions necessary
to project completion; researches and coordinates production of necessary legal documentation.
Participut~ in review of bids; r~dews detailed provisions of proj~--t contract documents; solves
problems and advises various individuals involved in projects throughout the life of each project.
Caoltal Imorovement Plan (CIP): Establishes CIP development program including:
identifying and r~commanding r~ponsibilities to be assumed by individuals involved with plan
components; establishing plan development obje~ves, timelines and parameters. Coordinates
comm~mications among and between individ,~a!~ involved in plan development; formms and
consolidates written plan materials. Organizes mechanisms for resolving conflicts and setting
priorities produces the detailed provisions of dra~ and final plan documents. Processes the
Capital Improvement Plan through various internal, citizen and elected official review and
approval groups and bodies. Distributes and eommunicat~ approved plan to dcparm~ents and
organizations with implementation responsibilities. Coordinates effective and timely revision and
uFlafinE of plan to maintain currency.
Facilities: Develops the annual facilities budget. Establishea maintenance and repair schedules;
reviews allocation of space and facilities among city services; arranges for the reallocation of
sp0f~, installation of special equipment, remodeling and moving of services from one loc~ion to
another. Directs the supervision of routine and unexpected maintenance and repair work of
facilities.
Project Manager
Page 1 of 4
PROJECT MANAGER
Job Classification
projects Records: Maintains major capital project financial management records and prepares
associated reports. Prepares project progress reports required by policy or financing sources.
Incorporates approved progr~s payments and expenditures into current financial records and
reports. Reviews and completes reports and other administrative documentation needed to close
out project financial records. Records results of inspections; communicates problems to
appropriate officials; records and reports on reasons for needed change orders and other technical
aspects of projects. Monitors project progress and initiates action needed to inform respunsiblc
individuals to take actions required to assure effective and timely project progress.
Information and Inter-A~encv Coordination: Coordinates project activity with other City
departments. Provides information on project progress to external organiTations and the public.
Coordinates infommfion exchange with other agencies involved in projects. Represents the City
with external organim6uns on assigned project matters. Makes periodic verbal and written
reports on project rnnnn~ocmeut activity and issues.
General: Participates m the general administrative operations of the City. Responds to
complaints, iaquiries and requests. Performs other assigned work which is consistem with the
responsibilities of the classification and necessary to the City and/or overall public works
operations.
REQUIRED QUALIFICATIONS
Knowledee of:
· Principles, practices and methods of project management, its techniques and functions;
· Current professional standards for the development, implementation and administration
of project management plan. s for major infrastructure projects;
· Principles and practices of quantitative, financial and sequence p]anni~lg and analysis;
· Fundamental intent and basic provisions of municipal, state and federal financing
mechanisms for major infrastructure projects;
· Techniques used for gathering evaluating and summarizing project infomaation in
preparing records and reports;
· Management, personnel and ethical practices as applied to facilities and project
operations.
Ability to:
· Apply professional management analysis principles to the design and operation of project
mnnn~eme~ut systems;
· Apply manaEement techniques such as the critical path method to establish multiple
projects' program management systems;
· Interpret and effectively apply complex governmental policy intent and/or specific
regulatory provisions to general and specific conditions;
Project Manager
Page 2 of 4
o2o
PROJECT MANAGER
Job Classification
· Evaluate, plan and establish a proper sequence of action for responsible personnel to
accomplish goals;
· Provide formal and informal verbal and written information and advice to a wide vari~q:y
of people and officials;
· Persuasively and ethically communicate ideas and assert a point of view in complex or
controversial situations;
· Operate or learn to operate modem office microcomputer and telecommunications
equipment and syst0ms;
· Exhibit and instill in subordinates a high public service priority in contacts with the
public and othem encountered in the work;
· Apply principles of equal opportunity, affirmative action and the Americans with
Disabilities Act in managing personnel and service functions.
REQUIRED LICENSES AND CERTIFICATIONS
A valid Washington State driver's license is required and must be obtained prior to date of
appointment or another date see by the City. Professional Civil Engineer's License is desirable.
OUALIFYING TRAINING AND EXPERIENCE
Combined training and experience which demonstrates that a person has obtained the required
knowledge and is able to perform the work required (with reasonable accommodation, if
n~cessary). In the project management profession, a person with the following combined training
and experience would typically qualify to compeee in a selection process: Graduation from an
accredited college or university with a bachelor's degree in engineering, constmeeion
management or a closely related field and five (5) years of full-time experience in capital projects
ma nag..ement, at least two of which shall have involved coordination and management of multiple
projects, program development and implementation and one of which involved significant public
presentation duties.
LEGAL AND REGULATORY CONDITIONS OF EMPLOYMENT
OCCUPATIONAL GROUP: Professional/Technical. Persons in the professional/technical
group are assigned work which involves interpreting specialized statutory, regulatory, and
procedural provisions when applying them to differing types of transactions, cases or technical
projects. Assignments involve pe~onally processing and/or supervising progress of related work
or workers on transactions, cases or projects requiring: 1) professional academic education in the
specified field, or 2) general academic education and substantial technical work experience and/or
specialized educatiorv~training in the field.
FAIR LABOR STANDARDS ACT: The position qualifies for exemption from the Fair Labor
Standards Act minimum wage and overtime provisions under the Act's Administrative Employees
and Professional Employees exemptions.
Proj~c~ Ma~r
Page 3 of 4
PROJECT MANAGER
Job Classification
REPRESENTATION: The position is excluded from thc non-uniformed bargaining unit pursuant
to Washington Public Employment Relations Commission Decision No. 1346 - PECB dated the
19th day of January, 1982 under the second sentence read/ag, in relevant part:
"Exctuding...Departmcnt Heads and their Assistants, Supervisors...".
CIVIL SERVICE: Tho classification is excluded from thc Civil Service pursuant to Civil Service
Rule 1.05 EXEMPT STATUS B. (1) "A management position second in command to a
Department Head where the individual holding thc position has major administrative or program
responsibilities or, alternatively, performs many of thc functions of Ms/her superior in the
superior's absence". This position was posted and exempted from Civil Service effective 3/31/93.
APPOINTIVIF2qT AND REMOVAL AUTHORITY: Thc position is filled by appointment of the
Department Head and removal is at the will of the Department Head in conformance with
procedures established by the City.
SPECIFICATION APPROVALS: These specifications revise and replace the Classification
Specifications for "Project Manager" dated April 1993.
Project Manager
Page 4 of 4
DATE SUBMITTED: October 22, 2003 BILL # D~ ".~ I0
AGENDA BILL
CITY OF BREMERTON 5b
CITY COUNCIL
SUBJECT: CONTRACT AWARD- Committee Meeting Date: November 4, 2003
T. Bailey, Inc. Reservoir 19- COUNCIL MEETING Date: November 12, 2003
Standpipe Tank Repair & Seismic Upgrade Department: Public Works &
Utilities
Presenter: Dan Miller
Phone: 473-2314
SUMMARY: Bids were opened on Monday,.Ootober 20, 2003 for the Reservoir 19-Standpipe
Repair & Seismic Upgrade. A total of nine (9) bids were received for the project (see attached Bid
Opening List).
The low bidder is T. Bailey, Inc. from Anacortes, WA for the Lump Sum of $44,904.00.
The total contract mount, including Washington State Sales Tax, is $48,721.00.
ATTACHMENTS: Bid Opening List
FISCAL IMPACTS (Include Budgeted Amount): None. The lump sum bid amoum is within the
Water Fund Capital Budget listed under Reservoir Seismic Upgrades.
APPROVALS:
DEPARTMENT DIRECTOR: ~
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
_~ - ~. ~ ,t ,- CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council approve the contract award to T. Bailey, Inc.,
in the amount of $48,721.00 and authorize the Mayor to execute the contract.
DATE SUBMITTED: October 13, 2003 BILL # ~3 ~ ,).
AGENDA BILL
CITY OF BREMERTON 8A
CITY COUNCIL
SUBJECT: GRANT OF EASEMENT TO Committee Meeting Date: November 4, 2003
PUGET SOUND ENERGY COUNCIL MEETING Date: November 12, 2003
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: Puget Sound Energy facilities were damaged during a storm. In order to conduct
repairs and mitigate damage, it was necessary for Puget Sound Energy to place facilities in a location
other than within current easement areas. The proposed easement grants an easement to Puget Sound
Energy for placement of the facilities in necessary areas.
ATTACHMENTS: Proposed easement
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS: .<,~ .-/,/,,? //2,
DEPARTMENT DIRECTOR: >~ ~ ;r < /~
CITY ATTORNEY: '~ ¢ .~ _
FINANCE DIRECTOR: o.,-~j l(f
FISCAL/BUDGET: ~". -- ~-~ O S NT AGENDA []
COUNCIL PRESIDENT: ~,&&C', ~'~Sd'd'.-~,~z~/
RECOMMENDED MOTION:
I move to approve the grant of an easement to Puget Sound Energy for facilities in the areas described
in the proposed easement and authorize the Mayor to execute the easement with substantially the same
terms and conditions as proposed.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] ?fi6/Action
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
6522 Kitsap Way
Bremerton, WA 98312
EASEMENT
REFERENCE #:
GRANTOR: CITY OF BREMERTON
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: SE-SW-12-24N-01E
ASSESSOR'S PROPERTY TAX PARCEL: 3976-001-001-0001
For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF
BREMERTON, a municipal corporation, (~Grantor" herein), hereby conveys and warrants to PUGET SOUND
ENERGY, INC., a Washington Corporation ("Grantee" heroin), for the purposes hereinafter set forth, a
nonexclusive perpetual easement over, under, along across and through the following described real property
("Property" herein) in KITSAP County, Washington:
BEING A PORTION OF THE UNITED STATES NAVY YARD ADDITION TO
BREMERTON AS RECORDED IN VOLUME 3 OF PLATS, PAGE 63, RECORDS OF
KITSAP COUNTY, WASHINTON AND DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT WHICH BEARS NORTH 2°01'25'' EAST FROM THE QUARTER SECTION OF
SECTIONS 12 AND 13 A DISTANCE OF 20 FEET; THENCE NORTH 87°52'56" WEST 20
FEET TO THE TRUE POINT OF BEGINNING AND THE WESTERLY MARGIN OF
SCHLEY BLVD; THENCE NORTH 2°01'25" EAST 350 FEET ALONG THE WESTERLY
MARGIN OF SCHLEY BOULEVARD; THENCE NORTH 87058'35'' WEST 36 FEET;
THENCE SOUTH 2°01 '25" WEST 100 FEET; THENCE SOUTH 24024'23'' WEST 183.85
FEET; THENCE SOUTH 2°01 '25" WEST 80 FEET TO A LINE WHICH IS PARALELL TO
AND 20 FEET NORTH OF TNE NORTH LINE OF SECTION 13; THENCE SOUTH
87052'56'' EAST 100 FEET TO THE POINT OF BEGINNING.
Except as may be otherwise set forth herein Grantee's rights shall be exemised upon that portion of the Property
("Easement Area" herein) described as follows:
An Easement Area THIRTY (30) feet in width having FIFTEEN (15) feet of such width on each side of a centerline
described as follows:
BEGINNING 235 FEET SOUTH FROM THE NORTHEAST CORNER OF THE
ABOVE DESCRIBED PARCEL AND THE TRUE POINT OF BEGINNING OF
THIS CENTERLINE DESCRIPTION; THENCE SOUTH 78° WEST A DISTANCE
OF 88 FEET TO A POINT ON THE SOUTH LINE OF THE ABOVE DESCRIBED
PROPERTY, SAID POINT BEING 60' WEST FROM THE SOUTHEAST
CORNER OF THE ABOVE DESCRIBED PARCEL MORE OR LESS AND THE
TERMINUS OF SAID CENTERLINE DESCRIPTION,
OH/UG Gas & Electric Easement 11/1998
1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove,
enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and
sale of electricity. Such systems may include, but are not limited to:
a. Overhead facilities. Poles, towers and other support structures with crossarms, braces,
guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables
and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and
all other facilities or appurtenances necessary or convenient to any or all of the foregoing; and.
Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct
such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exemise its rights hereunder. Grantee shall compensate
Grantor for any damage to the Property caused by the exemise of such right of access by Grantee.
2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose
of any and ali brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on
a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other
vegetation in the Easement Area.
3. Trees Outside Easement Area. Grantee shall have the right to cut, trim remove and dispose of any
trees located on the Property outside the Easement Area that could, in Grantee's sole judgment, interfere with or
create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right, identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed of
(except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are
cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitles to
no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable
timber (if any) cut and removed from the Property by Grantee.
4. Grantor'e Use of Easement Area. Grantor reserves the right to use the Easement Area for any
purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain
any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of
Grantee's facilities without Grantee's prior written consent.
5. Indemnity, Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a
result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the
negligence of others.
6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights
hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property
of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to initially install its systems on the Easement Area within any period of time from the date hereof.
7. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any
or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the
generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
DATED this day of ,2003.
GRANTOR: CITY OF BREMERTON, a municipal corporation,
BY:
ATTEST:
BY:
STATE OF WASHINGTON)
) ss
COUNTY OF KITSAP )
On this day of ,2003, before me, the undersigned, a Notary Public in and for the State
of Washington, duly commissioned and sworn, persona~ly appeared , to me
known to be the person who signed as , of CITY OF BREMEFITON, a municipal
corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument
to be his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREktERTON, a
municipal corporation for the uses and purposes therein mentioned; and on oath stated that __ was authorized
to execute the said instrument on behalf of said CITY OF BREtaERTON, a municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year fimt above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington,
Residing at
My Appointment Expires:
R:\LEGAL\Depar/ments-GenerahPW&U\PSE Easement.doc
DATE SUBMITTED: 7 October 2003 BILL
AGENDA BILL
CITY OF BREMERTON q A
CITY COUNCIL
SUBJECT: Naming the Boardwalk Committee Meeting Date:
lG 0J 0, ~...q I ~-- COUNCIL MEETING Date:
Department: Parks and Recreation
Presenter: Jim Spencer
Phone: 473-5752
SUMMARY: Louis Mentor, long time civic leader and former Mayor, passed away on 18 September
2003. As a tribute to Mr. Mentor's long standing commitment to the City, a group of downtown
business people proposed naming the Boardwalk in his honor. This facility, which many view as the
vital first step in reviving the City's downtown core, best exemplifies his legacy since he fought for its
completion during his term as Mayor in the early 1990's. A subcommittee of the Parks and Recreation
Commission was established during the 23 September 2003 Park Commission meeting to determine
an appropriate name to honor Mr. Mentor. This subcommittee established the name "Louis Mentor
Boardwalk". This name has been approved by the Parks and Recreation Commission and is
recommended to the City Council for adoption.
ATTACHMENTS: 1) Resolution naming the Boardwalk the "Louis Mentor Boardwalk" ~ o. 3.-q 19--
2) Policy related to the Naming of Parks
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: I move to pass resolution .1~ ~. naming the Boardwalk the
"Louis Mentor Boardwalk".
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
RESOLUTION NO. ~LC~ I ~-
A RESOLUTION naming the Boardwalk the "Louis Mentor Boardwalk"
Whereas, Louis Mentor is regarded as the father of the Bremcrton downtown
boardwalk, which he saw to completion during his term as mayor in the early 1990's
despite considerable obstacles,
Whereas, he is remembered by friends and colleagues as an composed, energetic,
universally liked gentleman who took the vital first steps in reviving the City's downtown
core,
Whereas, he was a member of numerous civic and service organizations, and a
staunch supporter of all things that were related to moving the City of Bremerton forward
in a positive direction,
Whereas, he articulated a vision ora vibrant downtown Bremerton, and laid the
footprint of the development and progress we see today,
Whereas, by vote of the Parks and Recreation Commission to recommend to City
Council naming the Boardwalk the "Louis Mentor Boardwalk" in recognition of Mr.
Mentor's dedicated service to the City of Bremerton; now, therefore,
BE IT RESOLVED by the Bremerton City Council:
That the Boardwalk be named "Louis Mentor Boardwalk".
Passed by the Bremerton City Council this __ day of 2003.
Carol Arends
Council President
Approved this day of 2003.
Cary Bozeman, Mayor
ATTEST:
Paula Johnston, Deputy City Clerk
CITY OF BREMERTON ~"
BREMERTON POLICIES AND PROCEDURES
BREMERTON PARKS AND RECREATION DEPARTMENT
SUBJECT FILE UNDER SECTION
Provision for Naming of Parks - Parks Commission
REVISION DATE APPROVED BY
10/25/94 Parks and Recreation Commission
Ail Revisions Are Marked By An Asterisk (*)
1. The naming of all parks, recreation areas, open space,
greenbelts, vista sites, parkways, roads, trails and paths
shall be a function of the Parks and Recreation Commission to
make recommendations to the Parks and Recreation Director and
staff. Names may be solicited from community organizations
and individuals.
2. Ail facilities in the Parks and Recreation system of the City
shall be under management and control of the Department of
Parks and Recreation.
3. It should be determined whether geographic location, geology,
archaeology or history of the site is of significance in
naming a Park site.
4. No site or facility shall be named for a person except when an
unusually outstanding service to the Bremerton Parks and
Recreation system so justifies. Park sites may be named for
a living person if the site has been donated by the
individual. Where it is desirable to give recognition to a
living person for his/her contribution to the Parks system, it
is permissible to name for them individual, natural or man-
. made features within a Park.
5. A Park and Recreation naming committee shall be appointed from
members of the Parks and Recreation Commission to solicit a
name for a particular Park of facility in the Park. The
committee will submit the names obtained to the Parks and
Recreation Commission. After 3/4 majority vote of the Parks
and Recreation Commission, the Director will submit the
recommendation to City Council for adoption.
RENAMING A PARK
(Adopted by the Bremerton Parks and Recreation Commission on
October 25, 1994)
1. The historic aspect and public familiarity regarding the name
of a park or facility is lost in a re-naming.
2. Existing parks will not be renamed.
DATE SUBMITTED: October 13, 2003 BILL St"'~.~" ~-~[13
AGENDA BILL
CITY OF BREMERTON q B
CITY COUNCIL
SUBJECT: PUBLIC HEARING ON Committee Meeting Date: November 4, 2003
ORDINANCE AMENDING CH. 11.02 COUNCIL MEETING Date: Nov. 12 and 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 fight-of-
way including utility poles and facilities and further amends provisions relating to violations, appeals,
and enforcement of violations.
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
FISCAL/BUDGET: [;. : CONSENT AGENDA []
OPERATIONS: ~w ~-..7
COUNCIL PRESIDENT: ~4~. djf/C~e.~- ,-~/- ---~
RECOMMENDED MOTION:
1. I move to pass the proposed ordinance on first reading.
2. I move to approve Ordinance No. on Second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ORDINANCENO.
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
correction 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;
;~ ;~ ":~':^" ^'~ '~':- ~' .....Seek enforcement pursuant to BMC 11 02 320;
SECTION2. Sectionl 1.02.260 of the Bremetton Municipal Code entitled
"Debris and Spilled Loads in the Right-of-Way" is hereby amended to read as follows:
11 02 260 r~n~T~ A ~Ti~ Onll T ~r~ T fi & ~cl~e TN~T rl~U~ 1i~T~U~ n~ WAY
NUISANCE IN THE RIGHT-OF-WAY.
A_.~. Debris and Spilled Loads.
A~.l 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 fight-of-way.
~.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.
I. 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 fight-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 Property 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 fight-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:
...... ~ ~. ~ ................ ~, .......;, ........................................... manner as c~qy
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.
3
35 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:i
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 $. 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 heating thereon the
Administrative Hearing 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.
A. In lieu of or in conjunction 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 mag 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. Severabilit~. 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 8. 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:
5
3'7 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.
R:~LEGAL\Ordinances~Public Works & Utilities~Right-of-Way Use,doc
Right-of-Way Use
DATE SUBMITTED: October 13, 2003 BILL # (~).~-.~ l
AGENDA BILL
CITY OF BREMERTON q C
CITY COUNCIL
SUBJECT: PUBLIC HEARING ON Committee Meeting Date: November 4, 2003
ORDINANCE GRANTING PUGET COUNCIL MEETING Date: Nov. 12 and 19, 2003
SOUND ENERGY A FRANCHISE Department: City Attomey's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The proposed ordinance grants Puget Sound Energy, Inc. the right, privilege, authority
and fi'anchise to install and maintain their Facilities within and upon the City's rights-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:
FC~A:ETODIR~EcY~oR: ~
FISCAL/BUDGET:
OPERATIONS: < ,~ 2~, ~,.,~x~ .... CONSENT AGENDA []
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
1. I move to approve the proposed ordinance on first reading.
2. I move to pass Ordinance No. on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ORDINANCE NO.
AN ORDINANCE granting Puget Sound Energy, Inc., a
Washington corporation, the fight, privilege, authority and
franchise 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 of Bremerton, 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.$ "Ordinance" means this Ordinance which sets forth the terms and
conditions of this Franchise.
SECTION2. FACILITIES WITttIN FRANCItlSE AREA.
2.1 Pursuant and subject to the City Charter, the City does hereby grant to PSE the
right, privilege, authority and franchise to:
1
Puget Sound Energy Franchise
qo
2.1.I 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, role, 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 tkis 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 mended, 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 behalfv 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; Co) 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 4. RELOCATION OF FACILITIES.
4.1 Whenever the City causes a public right of way improvement to be undertaken
with/n 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 fight 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
L[ ~_ 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 street 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 rights.
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 rights 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 right, privilege or authority granted by
or exemised 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 rights 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
~ ~ 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 or removal of any building or other object, the City shall, prior to granting such
permission, require 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 rights 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
~ 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 from the Superior Court.
SECTION 8. 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 thc 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 thc Ordinance, file with the City
its written acceptance of the Ordinance.
SECTION IO. ASSIGNMENT.
10.1 This Franchise may not, directly or indirectly, be txansfcrred, 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 11. 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 the 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 If PSE 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.I
SECTION 13. RIGItT 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-commercial 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 rights 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 ail applicable laws and in accordance with such reasonable terms
and conditions as PSE may specify
SECTION 14. 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 jttrisdiction).
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 instailation 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 shail provide to the City a current inventory of all
street lighting fixtures showing ail 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.
SECTION17. 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 the
public ways in accordance with RCW 80.32.010. Further, this Ordinance shall not be construed
as any wan'anty of title.
SECTION 19. REPAIR AND 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 Bremerton 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 the 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.
SECTION20. 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 defined, identified and further shall be
removed, replaced, relocated or otherwise remedied pursuant to BMC 11.02.275 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 be 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
~ ~ Puget Sound Energy Franchise
SECTION22. HEADINGS.
22.1 The headings of sections and paragraphs of this Franchise are £or 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. I, 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 fi.om 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 o£ 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 o£
this Franchise shall control.
SECTION24. TARIFFS.
24.1 This Franchise is subject to the provisions of any applicable tariffnow 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 ofproposed 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 the Director of Public Works
and Utilities.
SECTION25. PRIOR FRANCItISE SUPERCEDED.
25.1 This Franchise shall supemede all prior franchises granted to PSE or its
predecessors by the City.
11
~0 Puget Sound Energy Franchise
SECTION26. SEVERABILITY.
26.1 If any one or more sections, subsections, or sentences o£ 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 27. 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
~ I 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~PSE Franchisel.DOC
13
~t,~- Puget Sound Energy Franchise
DATE SUBMITTED: 11/10/03 BILL # 03~ o~!~'~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL ~D
SUBJECT: Public Hearing and Ordinance Committee Meeting Date: Budget Hearings
Levying Property Taxes for Collection in COUNCIL MEETING Date: 11/12/03 & 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 fimds
necessary to meet debt service obligations.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): As presented in the FY2004 Proposed Budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
AYOR:
FISCAL/BUDGET:
oPE T ONS:
CO~CIL P~SIDENT:
~COMMENDED MOTION:
1. I move to approve on first reading the ordinance le~ing prope~ taxes for collection in
2004.
2. I move to pass on second reading Ordinance ~ le~ing prope~ taxes for
collection in 2003.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
S$
ORDINANCE NO.
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 $67,852
representing a percentage increase of 1.0% from the previous year.
SECTION 2. 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 0£$862,000 based on the EMS levy rate of
$.50 per $1,000 assessed valuation.
1
2004 Taxes
5¸¢
SECTION 3. 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.
SECTION4. Severabilit~. 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 alter 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\OrdinancesXFinance~2004 Taxes.ord.doc
2
2004 Taxes
DATE SUBMITTED: 10-24-2003 BILL # 03-206 AGENDA BILL
CITY OF BREMERTON q CITY COUNCIL
SUBJECT:Public Hearing on the Proposed Committee Meeting Date: 10-28-03
FY2004 Budget COUNCIL MEETING Date: ,10-29-03 ' //-
Department: Finance
Presemer: Michael Wilson
Phone: 473-5590
SUMMARY: State statute requires that the City hold a public hearing regarding the proposed
FY2004 Budget prior to adoption. This is the second public hearing. The first
was held on October 29, 2003.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR: i /~_ /~--~ /-~.~-
CITY ATTORNEY:
MAYOR:
FISC~UDGET:
CO~CIL P~SIDENT: /
RECOMMENDED MOTION:
COUNCIL ACTION: [] Avl>rove [] Deny [] Table [] Cominue [] No Action