HomeMy WebLinkAbout08/14/96 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
AUGUST 14, 1996
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in
advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Minutes - July 31, 1996
#AB96-170
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Westsound Community Access Television Contract
B. Lease/Agreement with One-Comm Corporation
for use of City Owned Property
C. Approval of Sinclair Landing Project
Responsibilities by Howard S. Wright,
D. Gorst Area Sewer Feasibility Study
ORDINANCES
A. Ordinance %4564 (Second Reading) Extending
Interim Procedures For Land Use Permit Hearings
B. Ordinance (First Reading) To Establish Sewer
Front Footage Fees For Northlake Way; Provide
Conditional Rebates of Surcharges Upon
Annexation; and Amending Ordinance No. 4529
#AB96-157 I~
#AB96-171 ~O
#AB96-172 45
#AB96-173 ~
#AB96-169 5~
#AB96-174 ~
AGENDA BILL
BREMERTON CITY_COUNCIL
FOR AGEND~ OF:
1. SUBJECT: MINUTES - JULY 31, 1996 ORIGINATING DEPT: CITY C01INCIL
ORIGINATOR:
DATE SUBMITTED:
AUGUST 14, 1996
JOHN LAW~ COUNCIL PRESIDEN
AUGUST 6, 1996
2. C~_~: (comment on back
if necessary)
ENDORSEI4ENT INFOR]4ATION APPROVED BY coUNcI~~BMITTAL:
~Yo~ -- - c°~c~L P~ESZDE~/
4. StFM14Al~Y STATEMENT AND REOUIREMENT FORCOUNCIL ACTION:
8. COMiMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPItLATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED __
AMENDED __
DATE:
TAPE #1396
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JULY 31, 1996
#0032
#0048
The regular 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, July 31, 1996, at 5:30 P.M., with
Council President John Law presiding. Council members present were
Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr,
Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also
present were city Attorney Ian Sievers and city Clerk Kathleen
McCluskey.
The meeting opened with the Pledge
President Law and Invocation given
Sinclair Missionary Baptist Church.
of Allegiance led by Council
by Reverend Earl Echols of
President Law made the following announcements:
(1) Council will hold a Study Session immediately following the
Council meeting to discuss "Gorst Sewer Area Study";
(2) city Council Study Session and Executive Session on August 5,
1996, 5:30 - 7:00 P.M., in the Council Conference Room. Topics to
be discussed: "Sinclair Land Association Update" and "Contract
Negotiations";
(3) city Council Study Session on August 14, 1996, immediately
following the Council meeting, in the Council Conference Room to
discuss "Housing Rehabilitation Loan Program".
CONSENT AGENDA
A. Minutes - July 17, 1996
#AB96-161
M/S/C/U(Neville/Montgomery) 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.
M/S/C(Colvin/Montgomery) on July 31, 1996, the Council does approve
for payment those vouchers included and further described as
follows: EFT3781, 199988, 200000 200204 in the amount of
$308,522.14; and Retiree's Payroll for the period ending 7/31/96 in
the amount of $95,634.92.
TAPE #1396
city Council Reg. Mtg.
July 31, 1996
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Minutes
Vote On Motion:
Motion carried.
In Favor:
Abstain:
Winters, Montgomery, Huff-Menees,
Farr, Overson, McConnell, Law, Colvin
Neville
COUNCIL MEMBER REPORTS
Mr. Winters encouraged members of the public to read the newspaper
article in today's SUN newspaper regarding weeds in our local lakes
because the article identifies the problems and the need to correct
them. He announced Kitsap Lake Neighborhood Association's next
meeting is August 1, 6:30 8:00 P.M., at Bremerton Fire Station
#2. The topics to be addressed at that meeting will include
"boating & lake use" and "lake weeds".
Mr. Montgomery reported on Tuesday he attended the opening of the
new transitional housing, at the foot of Broadway Avenue, which he
found to be well designed, well built, and fits in nicely with the
surrounding neighborhood.
Mr. McConnell gave the following status report: (1) the abatement
process has been started on an abandoned trailer house on Ivy Road;
(2) the resident on Wright Avenue, where it appears wrecked autos.
from destruction derbies are being worked on is being reviewed by
the City; and (3) the City is working on ways to correct the
problem of parking lot sweeping noise, however, they are having
difficulty making contact with the person doing the sweeping. He
thanked Don Pratt, Director of Community Development, for his
prompt reaction to citizen complaints.
Mr. C01vin was pleased to report that the vegetation at the
intersection of Sylvan Way and Pine Road was removed the morning
after he reported the problem. He thanked Mayor Horton for the
quick response. The next District #1 Neighborhood meeting will be
held September 19, 1996, 7:00 P.M., at the Sheridan Park Recreation
Center. Wayne Olsen will be the Master Of Ceremonies at that
meeting.
Mr. Law announced District #3 will not hold a neighborhood meeting
in August; and the next scheduled meeting is September 17, 7:00
P.M., at the Senior Center. At the previous Council meeting, two
citizens asked questions, which have been responded to by the
Administration.
MAYOR'S REPORT
Mayor Lynn Horton referenced an article in today's SUN newspaper
which indicated the conclusion to the investigation of the incident
at Evergreen Park between members of the public and Police
personnel. She feels that Chief Du Fresne conducted a thorough
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Mtg. Minutes
investigation that involved contacting many of the participants in
that confrontation as well as people who witnessed the incident.
The conclusion that was drawn was there were no racial slurs and no
one was hit by a Police vehicle, but from a certain vantage point,
it may have looked like there was contact between a person and the
vehicle. The Police did use mace to contain the crowd that was
surging toward the officers. Chief Du Fresne ascertained the
Police officers reacted as calmly and professionally as possible
under the circumstances. If there is further information that
speaks against what Chief Du Fresne has found, that will be
reviewed as well. She expressed her appreciation of the rest of
the African-American population in the co~u~unity for their
restraint of any public display in response to the newspaper
article's interpretation of what took place during that incident.
The investigation report is open for public viewing at her office
or the Community Resource office located in the 245 4th Street
Building.
Mayor Horton introduced Bob Battin, Bremerton Central Lions Club
Coordinator for the City's Sister city Program with Kure, Japan.
Bob Battin introduced the Kure exchange students and their host
families: Michiyo Kimura hosted by Franci and Paul Ferguson;
Yoshiko Kikugawa hosted by Ron and Soni McKiernan; Yukiko Yamashiro
hosted by Tony and Michelle Cardell.
PUBLIC RECOGNITION
John Thomas stated he believed Council's recent action to delete an
Employment Application Fee for all applicants except for Police and
Fire was discriminatory and he intended to write to the Department
Of Labor to look into the matter.
Carol Atkinson, Bremerton Main Street Association, talked about the
successful concerts on the boardwalk and gave a special "thank you"
to the sponsors of the concerts.
7A REAPPOINTMENT OF MITCHELLE HONORE' TO THE CIVIL SERVICE
COMMISSION, #AB96-162
The term of Mitchelle Honore' on the civil
about to expire. It is recommended she
Commission.
Service Commission is
be reappointed to the
Mayor Horton reviewed Mitchelle's involvement in the community, her
employment with Washington Employment Security, and the fact that
she has dealt very successfully with issues before the Civil
Service Commission over the last several months while serving as
Chairman. Mayor Horton also believes Mitchelle has been fair and
open in her decisions, and in presiding over the Civil Service
Commission. The Mayor is requesting Council to reappoint Mitchelle
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#0629
to another term as civil Service officer.
Public comment - none.
Mrs. Huff-Menees thanked Ms. Honore' for her term of service and
her willingness to serve another term, and endorses her
reappointment.
Mr. Overson stated the position of civil Service Commissioner is
probably one of the most demanding of all the appointments in the
City. He further stated the work of Ms. Honore has been quite
admirable, and the city is fortunate to have quality individuals
like her assisting the City. He also endorses her reappointment.
M/S/C/U(Colvin/Montgomery) to confirm the reappointment of
Mitchelle Honore' to the Civil Service Commission.
7B - PURCHASE OF CUES PRO SCOUT COLOR CAMERA AND ACCESSORIES,
~AB96-163
The Department of Public Works & Utilities Sewer/Stormwater
Division has a need for equipment to inspect and record conditions
in small diameter sewer and stormwater lines. The new equipment
has to be compatible with the existing sewer inspection equipment
being used by the Division to inspect larger sewer and stormwater
lines. On July 2, 1996, a meeting was held and a quote was
obtained from Pacific Utility Equipment for a Cues Pro Scout PSl
Color Camera and related accessories (please see attached
"Equipment to be Furnished" list).
The City's existing sewer inspection equipment is manufactured by
Cues, and Pacific Utility Equipment is the sole supplier of Cues
equipment. The Cues equipment has been proven to be very reliable
and fulfills our requirements.
Wayne Hamilton, Utility Operations Manager, explained with the
purchase of the Cues Pro Scout Color camera it will allow the
Utility to facilitate the viewing of smaller utility lines, which
cannot be accessed with current equipment.
Public comment - none.
Mr. Montqomer¥ stated having seem similar equipment in action, he
could see why the City needs such equipment, which will reduce the
need to dig up utility lines.
Mr. Overson asked if the proposed equipment will be used daily?
Mr. Hamilton explained each year various parts of the City are
targeted for use of the equipment in charting utility lines. The
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#0749
#0874
Engineering Department has also requested such services and it
allow the Utility to determine if any repair or upgrading needs to
be done to a section of utility lines prior to a street
construction project.
M/S/C/U(Montgomery/Colvin) to authorize and direct the Mayor to
execute the contract for the purchase of Cues Pro Scout PSl color
camera and accessories from Pacific Utility Equipment Company, a
single source supplier, for $11,800, subject to City Administrative
Policies & Procedures.
7C - BUDGET ADJUSTMENTt INCREASE IN DCD GRANT 1996 POLICE BUDGETt
~AB96-164
Department of Community Development funding for this year was
increased over the amount used during budget preparation. This
amendment corrects for this additional funding and moves the
spending authority to the correct expenditure lines in the Police
Department Budget. The funds must still be spent in accordance to
the Grant requirements.
Police chief Paul Du Fresne stated this proposal is a "housekeeping
item" requested by the City Treasurer to make sure the spending
authority is up to the limit of the grant itself, and to place the
funds in the proper line accounting.
Public comment - none.
M/S/C/U(Colvin/Montgomery) to approve the budget adjustment.
8A - ORDINANCE NO. 4562 (SECOND READING) AMENDING B.M.C. CHAPTERS
2.76.100~ 2.76.200t 2.76.300, 2.76.600 FOR PROCUREMENT OF
MATERIALS~ EQUIPMENT~ AND SERVICES~ #AB96-159
Public comment - none.
Mr. Farr pointed out he would vote no on this proposal, as he did
at first reading of the ordinance, based on the possibility the
city could lose the advantage of competitive bids.
President Law stated based on his past experience with competitive
negotiation, he feels strongly that it is to the city's advantage
to have the flexibility to seek out those vendors that have the
strengths needed for procurement of equipment for the City. And,
he believes such a procedure will save the taxpayers money. Mr.
Fart reminded President Law that at the time of his experiences, he
was on the opposite side of the client relationship.
Mr. Winters noted at first reading of the ordinance he stated he
hoped this process would be approved, and that someday it could be
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#0917
used for construction contracts, which could possibly reduce the
number of change orders, thereby saving the taxpayers more dollars.
M/S/C(Montgomery/Colvin) to pass Ordinance No. 4562 on second
reading, revising procedures for the procurement of materials,
equipment, and services by the City of Bremerton, and amending
Chapter 2.76.100, 2.76.200, 2.76.300, and 2.76.600 of the Bremerton
Municipal Code.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Overson, McConnell, Colvin, Winters,
Montgomery, Huff-Menees, Neville, Law
Farr
8B - ORDINANCE (FIRST READING) AMENDING THE SIZE OF PLANNING
CO~MTSSION FROM 9 TO 7, ~AB96-165
The Bremerton Planning Commission has approved Resolution No. 01-96
which calls for a decrease Commission membership from 9 to 7
members. The resolution also requests term expiration dates to be
individualized for each member.
Don Pratt, Director Of Community Development, stated the size of
the Planning Commission is established by a City ordinance and is
currently nine members. Earlier this year, the Planning Commission
adopted a Resolution asking the city Council to consider reducing
the size of the Commission from nine to seven members. The
Resolution was based on reasoning that they had found that internal
procedures of public debate, presentation of a broad range of views
flourished with only seven members. He pointed up parks of 1995
and 1996 the Commission has functioned with only seven members and
they prefer the dynamics of the Commission with seven members over
nine members. For part of the time, the Commission has operated
with seven members. They requested the Mayor not to appoint the
remaining two vacancies until this issue was resolved. Also
included in the Resolution is requiring the administration to make
sense out of staggered terms when the Commission is reduced from
nine to seven members. The staggered terms will be set in place as
people are appointed to vacancies and current Commissioners will
,not find their terms significantly changed.
Public comment - none.
Mr. Overson stated this is a mixed issue, and he understands the
interest in the efficiency of processing, but on the other side, as
you reduce the size of the Commission you reduce the numbers of
Bremerton residents who participate in government. Such action
would reduce the broad base perspective of the Commission. He
believes the process is richer as a result of having the nine
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members.
Mr. Colvin asked how many cities the size of Bremerton have nine or
seven Commission members? Mr. Pra%t stated he did not know,
however, he was not aware of any Planning Commissions with nine or
more than nine. ~r. Colvin asked Mr. Pratt's opinion of the
statement that the efficiency of the Planning Commission would be
greater with the reduced number of Commissioners? Mr. Pratt stated
he is the Executive Secretary for the Planning Commission and wants
to represent to Council the Commission's position on this issue.
The Commission has discussed this proposal at great length and feel
strongly that a presentation of broad range of points of views
flourish with a seven member Commission. Mr. Colvin stated he also
supports the Planning Commission's Resolution.
Mr. McConnell stated he did not object to reducing the number of
Commissioners to seven. However, he referenced the proposed
ordinance/Section 2.12.010 noting that it reads as if someone
living in New York City, who owns property in Kitsap County or had
remote control of a business, could serve on the Planning
Commission. He asked if he understood that section as printed?
Ian Sievers, City Attorney, stated that is the way it would read as
presented. Mr. M¢Connell stated presents a problem to him. The
city Charter calls for members of Boards, Commissions and
Committees to be city residents unless an ordinance specifies a
specific reason for not seating a City resident.
M/S/C(McConnell/Montgomery) to approve ordinance on first reading,
reducing the size of the Bremerton Planning Commission from nine to
seven members, and that members of the Planning Commission be
required to be City residents unless it could not be filled by a
City resident, and amending BMC 2.12.010.
Mr. Overson stated by that action, you may have eliminated some
prominent people, i.e, business owners, who served on the Planning
Commission, though residents of Kitsap County. He understands the
interest of having residents, but again, business owners have a
strong interest in serving the City government. He was not sure he
could support the motion as stated.
Mr. Colvin pointed out the Planning Commission's recommendation has
to do with the size of the Planning Commission, and questioned what
does that have to do with who serves on the Commission? Mr.
Sievers stated it would also have to be contained in this ordinance
that we now allow people other than strictly residents of the City
to serve on the Planning Commission. That is part of the section
being amended, and Mr. McConnell was proposing to make additional
changes to that section. Mr. Pratt stated the Planning Commission
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Minutes
did not consider the section relating to who can serve on the
Commission. The move that is being made is an amendment to the
recommendation, and probably could be done at first reading of the
ordinance so that wording can be inserted by second reading of the
ordinance.
Mr. Win%ers questioned could the driving force behind the
recommended change in number of Commissioners be because it is
difficult to find people to serve in those positions? Mayor Horton
stated she believes the Commission believes they get better
discussion out of a smaller number of Commissioners. She served as
President of a 9-member Council, and she found no problem dealing
with nine members, however, the recommendation before Council is
coming from the Planning Commission members. Mr. Winters asked the
Mayor if she was lacking in applicants to serve on the Planning
Commission? Mayor Horton stated prior to the time she distributed
information on the Utility billing that the City was looking for
qualified appointees for city boards and commissions, finding
quality applicants was very difficult.
Mr. Fart stated Mr. McConnell was astute in finding the clause that
allows non-residents to serve on the Commission. He pointed out a
lot of stock is put in the Planning commission, and their
recommendations in the way of the operation of their own
commission. He would like Councilman McConnelt to consider letting
the Planning Commission discuss the issue requiring residency to
strictly city residents, and then forward that recommendation on to
the City Council. Mayor Horton stated that issue was not by the
Commission, and the language in the particular section relating to
who can be appointed to the Commission is existing language in the
ordinance. Mr. Sievers stated that language has been in the
ordinance since 1986. Mayor Horton noted that possibly due to the
language in the city Charter, that section should be amended. Mr.
Sievers stated no, in fact the qualifier in the Charter change may
be reflected that we have a Planning Commission that could be non-
residents, and maybe some other boards and commissions also. So,
it was to reflect the fact that if it does designate by ordinance
that they need not be residents of the City. Mr. Law asked Mr.
Pratt if anyone currently serving on the Commission is a non-
resident? Mr. Pratt stated no, but there have been Commission
members in the past, who gave great assistance to the city. He
emphasized people do not get on the Planning Commission unless they
are appointed by the Mayor for a good reason and confirmed by a
majority of the city Council.
Mr. McConnell stated he agrees with reducing the Commission to
seven members, but the way the ordinance reads, relating to those
who can be appointed to the Commission, it does not conform to the
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City Charter. If he recalled correctly, the city residency can be
bypassed if there are specific reasons for making such an
appointment. Mr. Pratt stated Mr. McConnell is both correct and
not correct. The Charter specifically allows some ordinances to
deviate from the policy expressed by the ordinance and in this
case, legally and technically, the ordinance over rides the
Charter's policy by specifically allowing non-residents to
participate. However, clearly the policy expressed in the Charter
of having only residents differs from the Planning Commission
Ordinance. He believes the issue before Council is...is that a
valid difference? Are there reasons to have non-residents on the
Planning Commission? The current ordinance assumes there are some
good reasons to do that. Mr. Sievers stated he recalls that it
says they will be City residents unle$$o~erwisespecifiedbyordinance. Maybe
the administration is interpreting the term"specified" differently
than Council, who may believe it means a detailed finding of reason
in the ordinance why they aren't City residents. He is
interpreting it to say these are qualifications unless broader
qualifications are stated in an ordinance. He believes the subject
ordinance does that, and if it is passed Council, must have some
good reason in their deliberations of why they would create a
broader class of qualification for membership. Mr. Mcconnell
pointed out a lot of business owners moved their businesses out of
the City and he, as well as other residents of the City, would not
appreciate some business owner being on the Planning Commission
making decisions and then find greener pastures for their business.
Going back to when the ordinance addressing residency requirements
was first discussed, the citizens had strong feelings that the
committees, boards, and commissions in the city should be City
residents unless there was some specific requirement. And, at that
time he recalled there was a specific requirement on the Bremerton
Housing Authority that required bringing someone on board that did
not live in the City. If the City allows non-City residents to sit
on committees, boards, and commissions, there should be a specific
reason other than just thinking they'll do a good job.
Mr. Overson stated he was concerned that the words "and electors of
Kitsap County" were removed, and questioned why would those words
be deleted? Mr. Sievers stated he was the one who placed the "line
out" across those words, not the Planning Commission. When he
reviewed the ordinance, it became apparent to him that leaving the
words "and electors of Kitsap County" set forth pre-qualifications:
(1) citizenship, which is redundant because it states member must
be citizens of the United States; (2) implies an age requirement -
we've tried to trend away from age requirements, although he was
not sure this was a Commission to have a young person serve on; (3)
residency of Kitsap County - that seemed to be addressed in the
10
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second part of the same sentence. He was not sure the concern was
to allow someone on the Planning Commission, who was a resident of
Belfair, but not allow someone who was a resident of Gig Harbor.
Mr. Neville pointed out there are checks and balances on the
Planning Commission, such as removal and attendance requirements on
the Commission, which will dismiss a member for malfeasance of
duty, dereliction of duty, non-attendance at meetings and other
good charges that could be brought up by the chair person. However,
he felt Council was getting off the point of the issue. He had no
problem with a seven member Planning Commission or allowing
residents, property owners, or business owners to serve on the
Commission. Mr. M¢Connell stated he read the section Mr. Neville
referenced, but he did not believe they had anything to do with the
residency issue. His intent is to make it look more like the
requirements in the city Charter and the previously passed
ordinance requiring city residency for appointments to boards,
commissions, and committees.
Mrs. ~uff-Menees stressed the city has not suffered any harm in the
past from having the situation as it is today, and the ordinance as
it stands today. She believes the Planning Commission has been
enriched, as has been indicated by Mr. Pratt and others during this
discussion, by having a membership that did include people who were
not residents of the city. Since there isn't any thing broken, she
did not see a need to change it, and in terms of consistency, that
has been addressed by Mr. Sievers.
Mr. Farr stated he could support the change to seven members,
however, he did not want to make any change to the residency
requirement.
Mr. Montqomer¥ stated he believed City business should be conducted
by city people and he will support the motion as it stands.
Mr. colvin asked for clarification of the motion: Kathleen
McCluske¥, city Clerk, stated Mr. McConnell's motion was to require
city residency unless a position cannot be filled by a City
resident. She noted no definition of what "cannot be filled by"
was given. Mr. Colvin asked how long had the current ordinance
language been effective? Mr. Pratt stated the last amendment to
the current Charter was adopted in 1991 or 1992. Mr. Sievers
explained an ordinance with the qualifications for Planning
Commission were already in an ordinance at the time the Charter
amendment was passed. Mr. colvin asked how long has the City had
the amendment to the Charter that allowed Council to accept persons
outside the City limits to serve on the Planning Commission? Mr.
Sievers explained before the Charter was changed in 1991, requiring
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#2215
#2316
a presumption unless an ordinance states otherwise they be
residents, there was no requirement that boards, commissions, and
committee members be residents. That Charter change did not
invalidate this ordinance, which was in effect, and allowed other
people than residents to serve; otherwise the ordinance would have
been immediately invalid upon that Charter change, if it did not
allow an exception to be made by ordinance. Mr. Colvin stated then
such language has been in effect since 1996. He asked Mr. Pratt if
the city experienced any ill effects from that ordinance? Mr.
Pratt stated the Planning Commission has never requested the
removal of any of their me~tbers whether or not they were residents,
and he could only assume by that, they were valuable assets.
M(Overson) to amend the motion to remove the statement requiring
residency in the city and to go with the recommended motion of only
changing the number of commission members from 9 to 7 and deleting
the words "and electors of Kitsap County".
Mrs. M¢Cluske¥ pointed out a parliamentary procedure that Council
already has an amendment before them to require residency, and the
only amendment that can be made to that is to embellish it or add
to it; therefore, Mr. Overson's amendment was not appropriate.
Mr. Neville asked the motion to be read. Mrs. McCluske¥ stated the
motion is to require City residency unless the vacant position
could not be filled by a City resident. Mr. McConnell stated for
clarification unless the requirements of the position could not be
met by a city resident.
Vote on Motion:
Motion carried.
In Favor:
Opposed:
McConnell, colvin, Winters, Montgomery,
Overson, Law
Huff-Menees, Farr, Neville
M/S/C(Montgomery/Colvin) to approve the Planning Commission's
recommendation to reduce the Planning Commission from nine to seven
members and to establish individual term expiration dates and
revised terms to match the revised membership.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Colvin, Montgomery, Huff-Menees, Farr,
Neville, Overson, McConnell, Law
Winters
President Law thanked the TV camera crew for their services:
Nadine Price, Mike Pebbles, Dave Noble, and Bruce Hall.
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With no further business meeting adjourned at 6:43 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
JOHN E. LAW, Council President
city of Bremerton
KLM/JL/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Westsound Community FOR AGENDA OF: J~
Access Television Contract ORIGINATING DEPT: Admin. Services
ORIGINATOR: Kathleen McCluske~
DATE SUBMITTED: July 12, 1996
CLEARANCES: ~men~on back
~e ~. ~ary)
Attorney ~
MAYOR
4.
3. EXHIBITS:
Proposed Contract
Intergovernmental Agreement w/County
Proposal & timeline to establish
Non-Profit
List of Board of Conveners
List of Board of Directors
APPROVED BY COUNCIL PR~TD~T~AL:
COUNCIL PRESIDEN~ - --
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCl~ACTION:
The attached Interim Services Agreement transfers management of
governmental programming to Westsound Community Access Television (WCAT).
As you will recall, the City entered into an Intergovernmental
Cooperation Agreement with the county to establish a non-profit community
access management organization. A Board of Conveners (local residents) with
the assistance of a consultant and county and city staff, developed the
Articles of Incorporation and By-Laws in 1995. They selected, through an
open application process, the first Board of Directors for the new
corporation in September 1995. Since that time the new board has met on a
regular basis and hired the new WCAT Executive Director, Doyle Detroit, in
May 1996.
(continued on page 2)
8. RECOMMENDATION:
Motion to approve interim contract with WCAT to provide governmental
programming.
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE: ~.~q~
REVIEW DATE: \~1~
PULLED TABLED __
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
11.
AGENDA BILL NO:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
The actual transition to WCAT will take place in the Fall. In the
interim, in order to assure a smooth transition it is recommended that WCAT
assume management responsibility for BCAT and the employees currently managed
by the City. We will continue to receive the same services. This contract
is for the period 8/1/96 to 12/31/96 and provides for monthly payments to
WCAT of the funds currently budgeted for salaries for the 1.5 employees and
part-time funds for Bob Neal's continuing services to Inside Bremerton. The
remaining funds, approximately $ ql~- oo , will be used to upgrade
equipment in council chambers.
The attached agreement is solely for the provision of governmental
services. At the conclusion of our negotiations, an Operating Agreement will
be presented to Council which will cover the over-all operation and
management of Public, Education and Governmental Access. The county has
concluded franchise negotiations and signed an agreement with WCAT.
IMPACT ON NON-PASSAGE:
city continues to manage BCAT.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
Budgeted in 1996.
7. RESEARCH SOURCES:
INTERIM SERVICES AGREEMENT
BEI'~NEEN
CITY OF BREMERTON
AND
WESTSOUND COMMUNITY ACCESS TELEVISION
This Agreement is made this day of ,19__ by and between City of Bremerton,
a municipal corporation, and Westsound Cable Access Television, a nonprofit corporation
ONCAT), who agree as follows:
RECITALS
1. WCAT is a nonprofit public benefit corporation formed to develop and promote
the concept of public access to existing and future telecommunications media in a manner that
promotes a free exchange of ideas and information.
2. In order to meet future cable-related community needs and interests there is a
need for the provision of public, educational and governmental access services.
3. The City of Bremerton desires to contract with WCAT to provide governmental
programming.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
Section 1. Scope of Services. In exchange for the funding provided by City of
Bremerton to WCAT pursuant to this Agreement, WCAT shall develop policy, operate and
manage the governmental programming for the City of Bremerton. Governmental programming
shall include, but not be limited to the following:
Regular Productions:
Inside Bremerton - 3 times per week/2 shows per month
Critter Connection - 2 times per week/2 shows per month
City Council Meetings - weekly
Public Service Announcements:
All City Departments as needed
Community Outreach:
Concerts on the Boardwalk
Concerts in the Park
Bremerton Blackberry Festival
· 4. Town Forums
As requested
w5.
· If scheduled time is available.
Section 2. Independent Contractor.
Single episode special programming
As requested
It is understood and agreed that WCAT is an
independent contractor and that no relationship of principal/agent or employer/employee exists
between City of Bremerton and WCAT. If in the performance of this Agreement any third
persons are employed by the WCAT, such persons shall be entirely and exclusively under the
control direction and supervision of WCAT. All terms of employment, hiring and discharging or
any other term of employment shall be determined by WCAT, and City of Bremerton shall have
no right or authority over such persons or terms of employment.
2
Section 3. Funding. WCAT shall receive funding in exchange for delivery of the services
delineated in Section 1. of this Agreement. City of Bremerton shall make funds available to
WCAT as follows:
City of Bremerton shall pay WCAT $14,457.00 for the period August 1, 1996 through
December 31, 1996 in monthly payments of $2,891.40 payable by the 10th day of the month
following.
Section 4. Term of Agreement. The term of this Agreement, shall be for a period of five
(5) months commencing on August 1, 1996 and ending on December 31, 1996 unless
terminated earlier, as provided in this Agreement.
Section 5. Indemnification and Insurance.
A. WCAT shall indemnify, defend and save City of Bremerton from all loss or
damages sustained by City of Bremerton on account of any suit, judgment, execution, claim or
demand (including legal fees incurred) resulting from WCAT installation, construction, operation
or maintenance of its activities under this Agreement, except such loss or damage shall be
apportioned where the City of Bremerton is judicially found to be negligent. The duty to
indemnify and hold harmless shall include but not be limited to a duty to indemnify against
losses or damages sustained as a result of WCAT acts or omissions arising out of any claim for
invasion of the right of privacy, libel, slander, copyright violation, patent infringement or the like.
The indemnity is conditioned on the following: City of Bremerton must notify WCAT within thirty
(30) days after the presentation of any claim or demand, either by suit or otherwise, made
3
against City of Bremerton on account of any act or omission by WCAT. Nothing in this section
prohibits City of Bremerton from participating in the defense of any litigation by its own counsel
at its own cost.
B. WCAT shall maintain in full force and effect at all times during the term of this
Agreement insurance as required by this section. The cost of such insurance shall be borne by
WCAT and may be included in WCAT's annual budget.
1. Comprehensive Liability Insurance. Comprehensive general liability
insurance, including protective, completed operations and broad form contractual liability,
property damage and personal injury coverage, and comprehensive automobile liability including
owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (a)
bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; (b)
property damage, $1,000,000 for each occurrence and aggregate. The City of Bremerton shall
be named an additional insured.
2. Workers' Compensation. Workers' Compensation Insurance as required
by Washington law shall be maintained at all times.
3. Cablecaster's Errors and Omission Insurance. Errors and omissions
insurance providing at least $500,000 of coverage shall be maintained by WCAT to cover the
content of productions which are cablecast on the access channel in, at minimum, the following
areas: libel and slander; copyright or trademark infringement, infliction of emotional distress,
invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be
required to cover individual access producers.
4. Policy Cancellation. All policies shall provide that no cancellation, major
change in coverage or expiration may be affected by the insurance company or WCAT without
first giving the County thirty (30) days written notice prior to the effective date of such
cancellation or change in coverage.
5. NOTIFICATION OF COVERAGE. WCAT shall file with the City proof of
insurance coverage as follows: (a) Comprehensive General Liability upon signing contract; and
(b) Cablecaster's Error and Omission insurance within thirty (30) days of commencement of full
responsibility for the cablecasting of programming on the designated access channel(s).
Section 6. WCAT agrees to maintain and repair all City owned equipment for the duration of
this contract.
Section 7. Termination.
A. The City of Bremerton shall have the right upon thirty (30) days written notice to
WCAT to terminate this Agreement for; (1) breach of any provision of this Agreement by WCAT;
(2) malfeasance, misfeasance, misappropriation of public funds; (3) or if WCAT fails to obtain its
501 (c)(3) status. Provided that WCAT may avoid termination by curing any such breach within
ninety ('e~0) days of notification or within a time frame agreed to by the City of Bremerton and
5
WCAT. The City of Bremerton may also terminate this Agreement at the expiration of its term,
or any extension thereof.
B. Upon termination of this Agreement, WCAT shall immediately transfer to the City
of Bremerton all equipment, real property, fixtures, contracts, leases, deposit accounts or other
assets received by or purchased by WCAT with funds received pursuant to this Agreement.
Section 8. Non-discrimination in Employment and Service.
WCAT shall not discriminate against any person, employee or applicant for
employment or subcontractor on the basis of race, color, creed, religion, sex,
sexual preference, marital status, ancestry, national origin or physical or mental
handicap.
Grantee shall not discriminate in the delivery of services on the basis of race,
color, creed, religion, sex, sexual preference, marital status, an ancestry, national
origin or physical or mental handicap.
C. Grantee shall comply with Americans with Disabilities Act (ADA) requirements.
Section 9. Assignment and Subletting. Neither this Agreement nor any interest herein shall
be assigned or transferred by WCAT, except as expressly authorized in writing by City.
6
above.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
CITY OF BREMERTON
By:
Date:
WESTSOUND COMMUNITY ACCESS TELEVISION
By:
Date:
'rNTERGOVEI~'~I4ENT~J., COOPER~T'rON A~RBF~ENT
THE -'~TAB~'.'rSI~NT OF A NON-P~F-T
CO~ ~CCES8 ~G~ 0RQ~k_
KC-449-94
Th~ .Agreem~n~ made and entered into this ~ day
of ~~ , 1994 by and between Kitsap
County (hereinafter County), a political s~division of the State
of Washin~on, and the city of Bremerton (hereinafter city).
t~ECITALS
1. Pursuant to the powers accorded to the County and the
city by RCW 39.34 et seq. the County and the City possess authority
to execute an Intergovernmental Cooperation Agreement for the
purpose of exploring alternative management organizations to
provide Public, Educational and Governmental (PEG) access
television programming in the City and County franchise areas.
2. The County has negotiated franchise agreements with TCI
Cablevision and Falcon Cable Television which provide funding for
PEG Access.
3. The City currently has a PEG access channel, Bremerton
Community Access Channel, which is jointly funded and operated by
the city and TCI Cablevision.
4. The city is renegotiating its franchise agreements with
TCI Cablevision and Falcon Cable Television to provide continued
funding for PEG Access.
5. The city and the County wish to explore the possibility
of jointly exploring alternative management organizations to
provide PEG access.
NOW, T~IEREFORE, in consideration of the initial covenants and
agreements hereinafter contained, the parties hereto agree as
follows:
Article 1: Duration
The duration of this agreement shall be a period of two (2)
years. Attachment 1 contains the proposed time-line for this
effort.
~rticle 2: Consultant
It is agreed that the City and County will jointly fund a
consultant to assist in the creation of the non-profit corporation
to provide PEG access. The Consultant's scope of work shall be J~
subject to approval by the city and County. The Consultant shall
be jointly selected and supervised by the city and County.
Article 3: Fundina
The Consultant's fees and expenses will be pro-rated to the
city and County based on their respective populations. The County
will be responsible for eighty percent (80%) of the costs and the ~
City will be responsible for twenty percent (20%) of the costs.
The County will execute the Consultant's contract and p~y the costs
in full. The city will reimburse the County for the City's share
within sixty (60) days of receiving an invoice from the County.
fees and expenses shall not exceed fifteen
thousand dollars ($15,000) in total and the City's share shall not
exceed five thousand dollars ($5,000).
DATED THIS ~ day of^'~ , 1994.
Lessor:
ATTEST:
BOARD OF C0MI~ISSIONERS .~
KITS. KI.~C/~7~~cO Y, WASH OTO
Matt Rya~%Jmmissioner
Holly ~derson
CLERK OF THE BOARD
DATED THIS
day of
, 1994.
CITY OF BREMERTON
L~nn S. Horton, Mayor
ATTEST:
Kathleen L. McCluskey
CITY CLERK
-2-
PROPOSED TIMELINE FOR CREATING NON-PROFIT COMMUNITY ACCESS MANAGEMENT ORGANIZATION '
1996
City/County decision to proceed
Contract with consultant, finalizeI
work plan & schedule --
Community Resource Team appointed
by City/County
Community Resource Team Activities:
Review & establish "vision" for
PEG
Review & make recommendations, ii I
re: bylaws & article of
incorporation
Establish criteria, recruit founding
Board of Directors
Appoint founding Board of Directors ,
File Articles of Incorporation &
approve bylaws
Apply for and secure tax exempt statu~,
_ .
Develop operating plan, budget plan,
and facilities plan
Begin operations
I I I I
ATrACHMFArf 1
PROPOSAL TO ESTABLISFI NON-PROFIT COMMUNITY
ACCESS ~_ANAG~ ORGANIZATION
PROPOSAL:
Consultant would facilitate joint County/City effort to establish organization
Non-profit community access management would include two channels, one
exclusively for government/civic programs
County and City would jointly fund base budget of $100,000 annually out of
franchise fees through contracts for services
Capital equipment and facilities would be funded through 21 cents/month pass
through to subscribers. Could capitalize initially up to $900,000 or provide
annually $75,000
BENEFITS:
Tax-exempt status will allow for more diverse fund-raising than will be
possible as government agency
Status as a separate organization will create an "arms length" distance from
government, an important First Amendment consideration as well as a
practical consideration
Funding through contracts will provide better access for government and more
control over governmental programming
A community-based board of directors will promote increased community
"ownership" and responsiveness
A non-profit structure will allow flexibility and the potential for
entrepreneurial thinking and problem solving. This will become increasingly
important as telecommunications media and the public's ability to understand
and use media more fully develops
BOARD OF CO~EN~RS
~onprofit Public, Education, ~md Government Access Management Corporation
to serve Kitsap County and City of Bremertoa
Russ Johnson
6530 Lake Drive
Bremerton, WA 98312
396-2530, 2147 (wk)
4794032 (hm)
Carol Atkinson
245 4th Street, Suite 201
Bremerton, WA 98337
377-3041 (wk)
Larry Stone
1824 S Marine Drive
Bremerton, WA 98312
792-9359
Sandy Ward
120 Washington, Suite 101
Bremerton, WA 98337
479-3588 (wk)
Lane Dowell
6195 Silver Beach Drive
Bremerton, WA 98311
478-0753 (wk)
479-1189 (hm)
Sue Walgren
4105 Eflands Point Road
Bremerton, WA 98312
373-3431
Tony Miles
P.O. Box 3152
Silverdale, WA 98383
6924699
Deanna Kauzlaric
Olyrr~ic College
1600 Chester
Brernerton, WA 98337-1699
478-4544
Cable Committee and past City Council
Main Street
Retired Businessman
Visitor & Convention Bureau
Bremerton High School
Ails
More Learning Through Hope
Public Information Manager
.2'7
BOAIm OF CONVENERS
Page 2
Rick Lurid
7625 Central Valley Road
Bremerton, WA 98311
692-7729 (wk)
478-2070 (lam)
Marianne Mabbitt
5159 Country Club Way
Port Orchard, WA 98366
871-1621
Steve Frazier
Kitsap County
Personnel & Human Services, MS 23
614 Division Street
Port Orchard, WA 98366
871-7185
Betty Griggs
1147 Shore Drive
Breme~o~WA 98310
377-7667
Kathleen McCluskey
City of Bremerton
239 4th Street
Bremerton, WA 98337
478-5290
fax 478-5200
Debbie Broughton
Kitsap County
Dept, of Administrative Services, MS 7
614 Division Street
Port Orchard, WA 98366
876-7150
Family of God Lutheran Church
Access Producers
KC Human Services
Kitsap Coumunity Action Program
City of Bremerton
Kitsap County - Franchise Authority
WESTSOUND COMMUNITY ACCESS TELEVISION
Board of Directors
Catherine A. Ahl
20455 First Avenue NE, #A101
Poulsbo, WA 98370
Ken Kirkpatrick
1903 4th Street
Bremerton, WA 98337
Jeff Olson
Northwest College of Art
16464 State Highway 305
Poulsbo, WA 98370
Lynn Ziegler
Suquamish Tribe
P. O. Box 498
Suquamish, WA 98392
Donald Zimmerman
3046 Banner Road SE
Port Orchard, WA 98366
Bruce E. Stier
P. O. Box 692
Silverdale, WA 98383
Charleen Burnette
City Representative
Debbie Broughton
County Representative
Don Ricks
3560 Narrows View Lane NE, #101
Bremerton, WA 98310
Barbara Gray Boyd
703 Callahan Drive, #309
Bremerton, WA 98310
Joan Dingfield
1904 Perry Avenue
Bremerton, WA 98310
Henry W. Sykes
10737 Jetty Place NW
Silverdale, WA 98383
Ed Woodd
6363 NW Gross Road
Bremerton, WA 98312
AGENDA BILL
BI~JgI~(R~DN CITY COUNCIL
1. SUBJECT: Lease/Agreement with
One-Com/~ Corporation for use of
city owned property
AGENDA Oe: {1996
ORIGINATING DEPT: Pu~i~ Works/Utilities
ORIGINATOR: P.R.Lucas, Admin Analyst/
DATE SUBMITTED: July 2{, 1996 -.,.~
2. CLEARARCES: (Comment on back 3.
Director, PW &
City Attorney
City Treasurer~~ _~..
Operations Comm . ~c~ ~/,~?~-~
~'scal & Budget
EXHIBITS:
(1) Lease/Agreement with One-Comm
& all documentation pertaining
thereto
ENDORSEI(ENT _~ INF?~TION [] APPRO~rED BY COUNCIL~DENT FOR SUBMITTltL:
couNcIL
4. SUMFu~RY STATEI~ENT AND REOUIR]~}~ENT FOR COUNCIL ON:
The City Council is requested to approve the Lease/Agreement between the City
and One-Comm for lease of City owned property adjacent to Old Belfair Highway for
purposes of constructing and establishing a communications receiving and
transmitting facility. 0ne-Comm desires lease of the property for five years,
~ECOMMA%[DATION:
(Continuation on Page 2)
That the City Council approve and authorize the Mayor to execute the same,
subject to City Administrative Policies and Procedures.
9. RESPONSIBLE OFFICIAL: Public Works and Utilities Director
ENFORCEMENT OFFICIAL: Administrative Analyst
EXPIRATION DATE: N/A
I~EVIEW DATE: N/A
PULLED [] TABLED
COUNCIL DIRECTI~-E:
10. NOTICE OF ACTION
[] APPRO%rED [] DISAPPROVED [] AMENDED []
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation
following which an option may be exercised for an additional five years. Initial
payment will be $5400.00 per year and will change subject to local CPI upon the
anniversary date of the lease.
5. IMPACT ON NON-PASSAGE: One-Comm will seek other facilities and the City will
lose the revenue which would be generated by this agreement.
6. IMPACT ON STAFFING. B~ETS. FACILITIES. EOUIPMENT AND OTHER RESOURCES:
There is no impact on staffing, nor on current budget. One-Comm will provide
their own construction crew, equipments and supplies.
CCrMMUNICATIONS SITE OPTION AND EEASE
(Washington Ground)
This Communications Site Option and Lease dated March 15, 1996, (the "Agreement") is entered into
by and between ONECOMM CORPORATION, N.A., a Delaware corporation ("OneComm"), having its
principal place of business at 4643 South Ulster Street, Suite 500, Denver, Colorado 80237, Attn.: General
Counsel, and CITY OF BREMERTON, a Washington municipal corporation, ("Lessor"), having its principal
place of business at 239 4th Street, Bremerton, Washington 98337.
1. The Property. Lessor is the record owner of a certain parcel of real property located in the State of
Washington, County of Kitsap, City of Bremerton, commonly 'known as county tax assessor parcel number
292401-2-0022008, (the "Property"). A legal description of the Property is contained in attached Exhibit A.
2. Option of the Premises.
(a) Premises. Lessor grants to OneComm an option (the "Option") to lease from Lessor that
portion of the Property generally described as follows: approximately two thousand twenty-five (2,025) square
feet of ground space, more particularly described as a forty-five (45) foot by forty-five (45) foot parcel of land
in the Northeast portion of the Property, upon which OneComm shall construct certain communications facilities
consisting of a communications tower with antennas mounWxl thereon, an equipment shelter, all necessary cabling
and underground utility service and such other miscellaneous equipment as may be needed for the satisfactory
completion of OneComm's communication facility, all to be enclosed by fencing, (the "Premises"). A description
of the prenUses which may be used for legal purposes is contained in attached Exhibit B. Lessor and OneConun
hereby agree that the Premises, including any Access Areas (defined herein), may be surveyed by a licensed
surveyor at the sole cost of OneComm, and such survey shall then supplement Exhibit B and become a part
hereof and shall control to describe the Premises and Access Areas in the event of any discrepancy between such
survey and the description of the Access Areas or boundary of the Premises contained herein.
(b) Option Consideration. Within thirty (30) days of the execution of this Agreement,
OneComm has paid to Lessor the sum of One Thousand Dollars ($1,000.00) as consideration for the Option.
(c) Term of Option. The term of the Option shall commence as of the date of this Agreement
and shall expire at 12:00 PM on March 15, 1997.
(d) Extensions of Option Term. OneComm may extend the term of the Option for one (1)
extension period of twelve (12) months by paying to Lessor additional option consideration in the amount of One
Thousand Five Hundred Dollars ($1,500.00), such payment to be delivered before the expiration of the option
term, and by providing to Lessor written notice of OneComm's intent to extend the term of the Option. This
Option may be further extended by mutual agreement by both parties.
(e) Right of Entry on Property. During the option term, OneComm and its designated agents
and independent contractors shall have the right to obtain title, environmental and other reports on the Property
and to enter onto the Property and Premises to perform surveys, soils testing and other engineering procedures,
including the installation of radio and antenna test facilities, to the extent necessary for the purpose of determining
the adequacy of the Premises for use as a Communications Site (defined herein). OneComm agrees to repair any
damage it or its agents or independent contractors shall cause to the Property, and further agrees to indemnif~v
and hold Lessor harmless from any and all costs, expenses, losses, attorneys' fees, and liabilities (including, but
not limited to, claims of mechanics' liens) incurred or sustained by Lessor as a result of any acts of OneComm,
its agents, or independent contractors pursuant to the right granted by this paragraph.
(f) Manner of Exercising Option. The Option may be exercised by OneComrn's delivering to Lessor,
before the expiration of the option term, written notice of such exercise (the "Exercise Notice") stating the
commencement date for the lease ("Commencement Date") which shall be on or before the expiration of thc
option term.
3. Lease of the Pre~mses.
(a) Lease. Upon exercise of the Option by OneComm, Lessor leases to OneComm and
OneComm leases from Lessor, the Premises as described in Exhibit "B" together will all the rights, privileges,
easements and appurtenances thereon for the uses and purposes described herein, commencing on the
Comraencement Date, which shall be on or before the expiration of the option term, and under the terms and
conditions set forth in this lease (the "Lease"). Neither Lessee, Lessor, nor its sublessees shall use any portion
of the Property so as to interfere with the operations of the other party. Lessor agrees to take all reasonable steps
neceasary to eliminate such interference by Lessor or its sublessees (or others granted rights of use in the Property
by Lessor) in a reasonable time period. Such interference shall be deemed a material breach by the interfering
party, and any such party shall have the responsibility to terminate said interference. In the event any such
interference does not cease promptly, the party suffering the interference shall have the right, in addition to any
other rights it may have at law or in equity, to elect to enjoin such interference or to terminate the Lease.
(b) OneComm Improvements. Following the Commencement Date, OneComm shall have the
right to construct the Communications Site (defined herein) in accordance with the attached Exhibit B which is
hereby approved for construction by Lessor. Lessor acknowledges that certain modifications to the Premises not
shown on Exhibit B may be required to accommodate construction of the Communications Site which do not
require amendment of the building permit (such as orientation of the equipment shelter and tower or the number
and type of antennas) which modifications OneComm may complete without further approval by Lessor.
OneComm shall obtain the consent of Lessor, ~vhich consent shall not be unreasonably withheld, for any
modifications required to accommodate the Communications Site not shown in Exhibit B which require an
amendment to the building permit. OneComm shall obtain all permits and approvals necessary for OneComm
to be legally entitled to construct the Communications Site prior to commencing construction and shall provide
Lessor with five (5) days notice prior to the Start of construction to permit Lessor to post notices of
non-responsibility. All OneComm contractors and subcontractors shall be duly licensed in the state of
Washington.
4. Rent.
(a) Base Rent. OneComm shall pay to Lessor the sum of Five Thousand Four Hundred Dollars
($5,400.00) per annum, as rent payable in equal monthly installments of Four Hundred Fifty Dollars ($450.00)
each, due and payable in advance on the first day of each month, commencing on the Commencement Date and
continuing during the term, plus applicable state leasehold excise tax.
(b) Utility Charge. OneComm shall install separate utili~ meters at the Premises, when
permitted by the serving utilities, and OneComm shall be responsible directly to the serving utilities for all
utilities required for OneComm's use of the Premises. In the event utilities are provided by Lessor, and only in
such event, OneComm shall pay together with the monthly rent the cost of utility service provided to the Premises
and attributable to OneComm's use ("Utility Charge") which thc parties estimate at the Commencement Date to
be One Hundred Dollars ($100.00) per month. If OneComm is required to pay a Utility Charge to Lessor, at least
annually during the Lease Term, Lessor (or at Lessor's election, OneComm), shall calculate the actual Utility
Charge for the immediately preceding twelve (12) months based on readings from the utility meters at the
Property and on the rates currently charged by the applicable utility. Any excess paid will be credited to
OneComm's next due Utility Charge and any shortage shall be paid by OneConun to Lessor within ten (10) days
of notice of such calculation. Upon the first anniversmy of the Commencement Date and on each such anniversary
thereafter, at Lessor's or OneComm's option, the estimated Utility Charge paid monthly by OneComm may be
increased or decreased to equal the average actual Utility Charge paid per month for the preceding year.
Calculation of the actual Utility Charge due shall be made jointly by Lessor and OneComm, and, if they cannot
agree, by an arbitrator reasonably acceptable to both parties.
(c) Rent Increases. (i) The base rent provided for in Paragraph 4. (a) shall be subject to
adjustment on the Commencement Date of each option extension term exercised by OncConm~ (the "Adjustment
Date(s)"). The base for computing the adjustment is the Consumer Price Index, All Urban Consumers (CPI-U),
U.S. City Average, All Items, published by the United States Department of Labor, Bureau of Labor Statistics
(1982 -- 100), (the "Index"),~vhich is in effect on the Commencement Dat~-~,"Beginning Index"). The Index
published most immediately preceding the Adjustment Date in question ("Extension Index") is to be used in
determining the amount of the adjustment. If the Extension Index has increased over the Begilming Index, the
monthly rent for the following extension term (until the next Adjustment Date) shall be set by multiplying the
base rent set forth in paragraph 4. (a) by a fraction, the numerator of which is the Extension Index and the
denominator of which is the Beginning Index. In no case shall the base rent be less than the base rent set forth
in paragraph 4. (a) and in no case shall the base rent increase more that twenty-five percent (25%) on any
Adjustment Date. If the Index is changed so that the base year differs from that in effect when the term
commences, the Index shall be converted in accordance with the conversion factor published by the United States
Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such
other governmental index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the Index had not been discontinued or revised.
(ii) If exercised, the beginning rent for the Extended Term under paragraph 5 shall be
the greater of (a) the rent for year six calculated under paragraph 4(c)(i), or (b) the annual lease charged for a
comparable site by King County. Increases to the beginning rent during the Extended Term shall be calculated
under 4(c)(i).
(d) Additional Consideration: OneComm shall make space available on the tower to be
constructed on the premises for one h'ansmitter for the use of City or Cencom communications upon request of
the City, subject to restrictions on interference under paragraph 8.
5. Term of Lease. This Lease shall commence to run from the Commencement Date. The Lease shall
be for an Initial Term of five (5) years (the "Initial Term"). OneComm shall have the right to extend its tenancy
beyond the initial term for one (1) additional successive optional extension term of five (5) years ("Extended
Term"). In the event of the inability of the City to deliver possession of the Premises, or any portion thereof, at
the time of the commencement of the term of this lease, neither Lessor nor any of Lessor's officer's, employees,
or agents shall be liable for any damage caused thereby, nor shall this Lease thereby become void or voidable,
but in any such event, OneComm shall not be liable for any rent until such time as Lessor can deliver possession
and OneComm shall have the option of either specifying a new Commencement Date or terminating this Lease.
If OneComm shall take possession of the Premises prior to the commencement date of this Lease, OneComm and
Lessor agree to be bonnd by all of the provisions and obligations hereunder during such prior period.
6. Use of the Premises.
(a) Use. OneConun shall use the Premises as one of OneConun's radio communications sites
(a "Communications Site") comprising OneComm's system (the "System") for providing radio and wireless
telecommunications services to the public, including Enhanced Specialized Mobile Radio, Specialized Mobile
Radio, short messaging, wireless data and any other radio service which OneConun is legally authorized to
provide to the public during the term of the Lease. A Communications Site, for purposes of this Agreement, is
a site at which radio, telephone and communications equipment is installed and used to send and receive radio
signals to and fi.om wireless telephones and other radio devices and to connect those signals to radio, telephone
or other cormnunicatinns facilities either directly, by means of cables, or indirectly, by means of transmitting and
receiving facilities (including microwave antennas) located at the Communications Site. OneComm shall not use
the Premises for any other purposes without the written consent of Lessor.
Co) Permits. It is understood and agreed that OneComm's ability to use the Property for the "use"
as described herein is contingent upon OneComm obtaining and maintaining after the execution date of the
Agreement all certificates, permits and any other approval as may be required by the federal, state, or local
authorities. Lessor shall cooperate with OneComm in its efforts to obtain such approvals and shall take no action
which would adversely affect the current use of the Property with respect to the proposed use thereof by
OneComm
(c) FCC Compliance. OneComm represents and warrants that it has full power and authority
from the Federal Communications Commission (or any state or federal agency having jurisdiction) to install,
operate and maintain its equipment in the manner contemplated under this Agreement. OneComm agrees to use
the facilities leased hereunde~-~nly for the purpose contemplated herein and ~ comply will all applicable state,
county, or municipal laws and ordinances.
(d) Right to Inspect. Lessor shall have the exclusive right to inspect OneComm's facilities and
equipment at any time during the term(s) of this Agreement to ensure compliance with terms and conditions
herein. Said inspection shall be made only upon reasonable prior notice and at such times as are reasonable
calculated to avoid any interference with OneComm's operations. Lessor's rights of entry and inspection in
accordance with this Subsection 6 (d) and Section 11, are conditioned on the absolute right of OneComm to
require accompaniment by a representative of OneComm at all times during Lessor s presence on the Premises
and on the authority of OneComm to terminate any inspection or activity by Lessor which interferes with
OneComm's operations.
7. Easement. Lessor hereby grants to OneComm for the duration of this Agreement, or any extensions
thereof, an unimpaired, non-exclusive easement and right of way in and over the access roads (if any) sho~vn in
Exhibit B ("Access Road"), the overhead or underground cable and utility runs (if any) shown in Exhibit B
("Service Easement") the common areas at the Property and all areas necessary to provide physical access by
personnel and equipment from the nearest public right of way, and utilities from the nearest service, to or from
the ?,~,lfises (collectively with the Access Road and Service Easement, the "Access Areas"). The rights granted
to OneComm herein are for the purpose of installing, constructing, maintaining, restoring, replacing, and
operating OneComm's equipment located within or on the Premises or such Access Areas, including, in the case
of an emergency, the right to temporarily install a fuel powered electrical generator. Such rights shall include the
right ofingreas and egress, twenty-four (24) hours per day, seven (7) days per week over such Access Areas for
access to or from any of OneComm's equipment. It shall be the duty of OneComm to adequately maintain the
access road spur used exclusively by OneComm and pay its pro-rata share of reasonable maintenance costs of
the common road, both depicted within the Exhibit B attached hereto.
8.Protections Against Interference. Lessor will not grant a lease to any party for use of the Property
it such use would interfere with OneComm's operation of the System Any future lease of the Property which
permits the installation of communication equipment shall be conditioned upon not interfering with OneComm's
operation of the Communications Site. Without limiting any other remedy in law or equity OneComm shall have
the right to terminate this Agreement upon thirty (30) days' written notice in the event its reception or
transmission is interfered with by other antenna equipment, or obstacles constructed or operated in OneComm's
reception or transmission paths.
9. Damage and Destruction. If the Premises are, in whole or in part, damaged or destroyed during the
Lease Term then: (a) if wholly damaged or destroyed so that all of the Premises are rendered permanently
unusable for reconstruction of a Communications Site, this Agreement shall then terminate and OneComm shall
be liable for the rent only up to the time of such destruction and any rent prepaid by OneComm shall be returned
to OneComm; but (b) if only partially destroyed and still usable for construction of a Communications Site,
OneComm shall, within a reasonable time, repair the Premises with a reasonable reduction of rent from the time
of such partial destruction until the Premises are again as fully usable by OneComm as they were before such
partial damage or destruction; provided, however, that OneComm shall not be required to rebuild the
Communications Site if: (i) such partial damage or destruction shall occur within three (3) months prior to the
termination of this Agreement; (ii) OneComm continues to pay the rental amounts due hereunder and the
Premises are maintained in a safe and sanitary condition; or (iii) such damage and destruction is directly caused
by the negligence or misconduct of Lessor. A decision as to whether partially destroyed or partially condemned
(for purposes of Section 10) Premises are still usable for reconstruction of a Communications Site (for purposes
of section 10). shall be made jointly by Lessor and OneComm, and, if they cannot agree, by an arbitrator
reasonably acceptable to both parties.
10. Condemnation. If all or part of the Premises is taken by condemnation such that the Premises are
no longer usable for construction as a Communications Site, the Agreement shall terminate unless OneComm's
equipment and improvements can be relocated to another position at the Property acceptable to OneComm.
OneComm shall be entitled only to that portion of the proceeds of condemnation which is directly attributable
to the value of OneComm's equipment and improvements and cost of relocation.
11. Need to Prevent~nsupervised Access. OneComm's communica~ons equipment is highly sensitive
end any entry onto the Premises which could damage or interfere with it must be controlled. Accordingly, Lessor
shall not enter the Premises (other than in en emergency) unless it has given twenty-four (24) hours' actual notice
to OneComm. In case of emergency, Lessor shall make reasonable efforts to notify OneComm prior to entering
the Premises.
12. Termination by OneComm. OneComm may terminate this Agreement for cause upon the giving
of thirty (30) days' written notice to Lessor if eny of the following events occur: (a) OneComm fails to obtain or
loses any necessap.~ permits, approvals or orders end is thereby unable to use the Premises as a Communications
Site; (b) If OneComm determines at eny time that the Property is not appropriate for locating OneComm's
communication equipment for technological reasons, including, but not limited to, signal interference; or (c)
Lessor fails to comply with any term, condition or covenant of this Agreement and does not cure such failure
within thirty (30) days at, er OneComm's written notice thereof or in the event of a cure ~vhich requires in excess
of thirty (30) days to complete, if Lessor has not commenced such cure within thirty (30) days of such notice end
is not diligently prosecuting said cure to completion. OneComm shall have the right to cure any default by Lessor
following such notice end cure period and to deduct the cost of such cure from rent due hereunder upon
presentation of en accounting of such costs to Lessor.
13. Termination by Lessor. Lessor may terminate the Agreement upon the occurrence of any of the
following: (a) failure by OneComm to pay any rent required hereunder when due if such failure shall continue
for more than ten (10) days after delivery to OneComm of notice of such failure to make timely payment; (b)
failure by OneComm to comply with any material term, condition or covenant of the Lease, other than the
payment of rent, if such failure is not cured within thirty (30) days after written notice thereof to OneComm, or
in the event ora cure which requires in excess of thirty (30) days to complete, if OneComm has not commenced
such cure within thirty (30) days of such notice and is not diligently prosecuting said cure to completion; or (c)
if OneComm becomes insolvent, or makes a t~ansfer in fraud of creditors, or makes an assignment for the benefit
of creditors, or files a petition under any section or chapter of the Federal Ba 'nkruptcy Code, as amended, or under
any similar law or statute of the United States or any state thereof, or is adjudged ba 'nkrupt or insolvent in
proceedings filed against OneComm thereunder, or if a receiver or trustee is appointed for all or substantially all
of the assets of OneComm due to OneComm's insolvency.
14. Exercise of Options to Extend. OneComm shall have the option to extend the term of the Lease
the successive extension period set forth in Section 5 of this Agreement, on the same terms, covenants and
conditions (except as to the rent and number of remaining extension terms), as are contained in the Lease
OneComm shall be deemed to have timely exemised the optional extension term without notice to Lessor unless
OneComm shall provide written notice to Lessor not less than ten (10) days prior to the expiration of the current
term of OneComm's intent to terminate the Lease at the end of that term.
15. Warranties and Covenants of Lessor. Lessor warrants and covenants that: (a) Lessor has legal
right to possession of the Premises and the power and the right to enter into this Agreement and that OneComm,
upon the faithful performance of all of the terms, conditions and obligations of OneComm contained in this
Agreement, shall peaceably end quietly hold end enjoy the Premises upon the terms, covenants and conditions
set forth in this Agreement throughout the term of this Agreement and any extensions thereof; (b) Lessor shall
deliver the Premises to OneComm clean end free of debris on the Commencement Date and shall maintain the
Property in a manner which will not interfere with OneComm's use of the Premises as contemplated hereby; (c)
Lessor shall make available to OneComm at the Premises, all presently existing utility services required by
OneComm for purposes of the operation of OneColrm~'s equipment at the Premises, provided that OneComm
may at its own expense or Lessor) may, if OneComm so requests, at OneComm's expense), install any and all
additional utilities service facilities which are so required; (d) Lessor shall, during the term hereof, make payment
of all real property taxes and general and special assessments levied against the Property and the Premises which
it has the duty to pay within the time allowed by the taxing authorities in order to avoid penalty and OneComm
shall compensate Lessor for eny real property taxes directly attributable to the value of improvements placed
upon the Premises by OneComm; and (e) OneComm shall have access to the Premises from the nearest public
way at all times end all security gates and access roads (if any) shall be operational provided, however, it shall
be the duty of OneComm to adequately maintain the access road spur used exclusively by OneComm in
accordance with Section 7 of'this Agreement.
16. Warranties and Covenants of OneComm. OneComm warrants and covenants that throughout the
Lease Term, OneComm shall maintain comprehensive liability insurance, naming Lessor as an additional insured,
protecting and indemnifying Lessor and OneComm against claims and liabilities for injury, damage to persons
or property, or for the loss of life or of property occurring upon the Promises or access areas resulting from any
negligent act or omission of OneComm. Such insurance shall afford minimum protection of not less than (One
Million dollars) per occurrence and (Two Million dollars) aggregate. OneComm shall also maintain during the
Lease Term personal property insurance in an amount sufficient to fully protect all personal property, fixtures
and tenant improvements owned or controlled by OneComm from theft, fire or other loss or damage while upon
the Property. OneComm shall provide to Lessor a certificate indicating the applicable coverage, upon request.
OneComm shall maintain the Premises in a clean, safe and sanitary condition throughout the Lease Term.
OneComm shall not permit waste, damage, or injury to the Premises.
17. Liability and Indemnification.
(a) Indemnification. OneComm shall at all times comply with all laws and ordinances and all
rules and regulations of municipal, state and federal governmental authorities relating to the installation,
maintenance, height, location, use, operation, and removal of improvements authorized heroin, and shall fully
defend, indemnify, and save harmless Lessor against any loss, cost or expense which may be sustained or incurred
by Lessor as a result of the installation, operation or removal of such improvements. OneComm shall defend,
indemnify, and save harmless Lessor, its appointed and elected officers and employees from and against any and
all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of its
actions, claims, or lawsuits for damages resulting from personal or bodily injury, including death at anytime
resulting therefrom, sustained or alleged to have arisen directly or indirectly out of the performance of this
Agreement, by OneComm, its employees and/or agents whether such injuries to persons or damage to property
is due to the negligence of OneCornm, its subcontractors, agents, successors or assigns. This provision shall be
inapplicable to the extent of willful misconduct of Lessor or if Lessor is judicially found solely negligent for such
damage or injury.
(b) Liens. OneComm shall not pemfit any lien to be imposed upon the Property of Lessor as
a result of work done by or on behalf of OneComm and shall indemnify and hold Lessor harmless against any
and all expenses, including reasonable attorney's fees and court costs in connection with any such lien.
18. Title To and Removal Of OneComm's Equipment. Title to OneComm's equipment, and all
improvements installed at and affixed to the Premises or Property by OneComm shall be and shall remain the
property of OneComm. Lessor hereby waives any lien rights it may have or acquire with respect to such property
and shall promptly execute any document required by any supplier, lessor, or lender of such property which
waives and rights Lessor may have or acquire with respect thereto. OneComm may, at any time, including any
time it vacates the Premises, remove OneComm s improvements, equipment, fixtures, and all of OneComm's
personal property from the Premises, but OneComm shall not be required to remove any foundations for the
tower or equipment shelter nor any underground cable or conduit.
19. Holding Over. If OneComm holds over after the Lease has been ternqinated, the tenancy shall be
month-to-month, subject to the provisions of the Lease.
20. Surrender. Upon termination of the Agreement, OneComm shall remove the equipment and
improvements installed at the Premises by OneComm except as set forth in Section 18, and shall surrender the
Premises in as gocd order and condition as when first occupied by OneComm, wear and tear and damage by fire
or other casualty excepted.
21. Assignment and Subletting. OneComm shall not assign, sublet or otherwise transfer or encumber
all or any part of OneComm's interest in this Agreement without Lessors prior ~wittcn consent, which Lessor shall
not unreasonably wifl~hold, subject to a sublease fee to be negotiated. Notwithstanding the foregoing, OneComm
may assign or sublet its interest in this Agreement or may assign or sublet the Premises, or any portion thereof,
without Lessor's consent, to tiny entity which controls, is controlled by, or is~under the common control with
OneComm, or to any entity resulting from any merger or consolidation with OneComm, or to any partner of
OneComm or to any partnership in which OneComm is a general partner, or to any person or entity which
acquires all of the assets of OneComm as a going concern, or to any entity which obtains a security interest in
a substantial portion of OneComm's assets. Lessor hereby consents to: the assignment by OneComm of its rights
under this Agreement as collateral security to any entity which provides financing for the purchase of the
equipment to be installed at the Premises; and the license of portions of the Premises to communications users
similar to OneComm. Any such assignment, subletting or transfer shall not relieve OneComm of its obligations
under this Agreement. Should Lessor sell, lease, transfer or otherwise convey all or any part of the Property to
any transferee other than OneComm, then such transfer shall be subject to this Agreement and all of OneComm's
rights hereunder and the easement rights of OneComm to the Access Areas.
22. Notices and Other Communications. Every notice required by this Agreement shall be delivered
either by (i) personal delivery (including delivery by recognized overnight courier service which obtains signature
ofreceip0, or (ii) postage prepaid return receipt requested certified mail addressed to the party for whom intended
at the addresses specified below or at such other address as the intended recipient shall have designated by written
notice.
Lessor:
City of Bremerton
Department of Municipal Utilities
3027 Olympus Drive
Bremerton, Washington 98310
OneComm:
OneComm Corporation, N.A.
Attn.: General Counsel
4643 South Ulster Street, Suite 500
Denver, Colorado 80237
A copy of each notice sent to OneComm shall be sent to: OneComm, 5808 Lake Washington Blvd., Suite #400,
Kirkland, WA. 98033, Atm.: Real Estate Manager, and one copy to Paul B. Albritton, Mackenzie & Albritton,
One Post Street, Suite 500, San Francisco, CA 94104.
23. Hazardous Substances. OneComm agrees that it xvill not use, generate, store or dispose of any
Hazardous Material on, under, about or within the Property in violation of any law or regulation. Lessor
represents warrants and agrees (1) that neither Lessor nor, to Lessor's 'knowledge, any third party, has used,
generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material
(defined below) on, under, about or within the Property in violation of any law or regulation, and (2) that Lessor
will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on,
under, about or within the Property in violation of any law or regulation. Lessor and OneComm each agree to
defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against
any and all losses, liabilities, claims and/or costs (including reasonable attorney's fees and costs) arising from any
breach of any representation, warranty or agreement contained in this Section. As used in this Section,
"Ha?ardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state
of Washington to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is
identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation~
24. Waivers. Any waiver of any right under this Agreement must be in writing and signcd by the waiving
party.
25. Written Agreement to Govern. This Agreement is the entire understanding between the parties
relating to the subjects it covers. Lessor ac ~knowledges that this Conmurnications Site Option and Lease, once
executed by Lessor, constitutes an offer to OneComm which shall not be binding upon the parties until accepted
by OneComm's authorized signature below.
26. Attorneys' Fees. The substantially prevailing party in any action or proceeding brought to enforce
this Agreement shall be entitlea-to recover its reasonable attorneys' fees, cost~-and expenses in connection with
such action or proceeding from the other party.
27. Further Assurances. In addition to the actions specifically mentioned in this Agreement, the parties
shall each do whatever may be reasonably necessary to accomplish the transactions contemplated in this Lease
including, without limitation: execution of all applications, permits and approvals required of Lessor for
construction of the Communications Site by OneComm; cooperation in obtaining Non-Disturbance Agreements
from holders of senior encumbrances on the Property; and execution of a Memorandum of Option, a
Memorandum of Lease (attached hereto as Exhibit C) and a Memorandum of Commencement hereof in form
appropriate for recording in the county in which the Premises are situated~
28. Licenses and Permits. Upon commencement of the Lease, OneComm shall be responsible for real
property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be
assessed as a direct result of OneComm's operations.
29. Taxes. OneComm shall pay any personal property, taxes assessed on, or any portion of such taxes
attributable to. the Communications Site.
30. Technical Standards. OneComm shall operate its equipment in complete compliance with rules and
regulations of the Federal Communications Commission and shall fumish Lessor with a copy of its current license
and all subsequent renewals for Lessor's files. A copy of said license shall be posted at all times on OneComm's
equipment at subject site. OneComm shall operate its equipment in compliance with the applicable standards and
coordinate frequency assignments for this site as established by the Association of Public Coinmunications
Officers (APCO) and the National Association of Personal Conmaunication Industry Association (PCIA).
31. Waiver of Default. No waiver of default by either party of any of the terms, covenants, and
conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a
waiver of any subsequent default of any of the terms, covenants, and conditions herein contained, to be
performed, kept and observed by the other party.
32. Relationship. In no event shall Lessor be construed, or held to have become in any way or for any
purpose a partner, associate, or joint venturer, of OneComm or any party associated with OneComm in thc
conduct of OneComm's business or otherwise. This Lease does not constitute OneConwn as the agent or legal
representative of Lessor for any purpose whatsoever.
33. First Right of Refusal. As consideration for this Lease, OneComm shall have the right of first
refusal to lease the Premises upon the termination of the optional extension term if exercised by OneConmn. The
terms and conditions of the Lease provided for by this provision shall be established by Lessor. OneComm shall
have fifteen (15) days from the date Lessor makes written notification to OneComm of said terms and conditions
to provide written notice to Lessor of intent to lease. If OneComm's notice of intent to lease is not received by
Lessor within the stipulated time limit, Lessor shall be freed to lease the Premises to other lessees upon terms and
conditions equal to those included within Lessor's notification of terms and conditions to OneComm with no
further obligation to OneComm.
34. Effectuation of Agreement. In order to be effective, this Agreement must be (1) signed by an
authorized representative of OneComm and returned to Lessor at the address set forth within paragraph 22. herein
accompanied by any required policy of insurance, and (2) signed by the Mayor of the City of Bremerton and
attested to by the City Clerk.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
3'/
ONECOMM CORPORATIJON, N.A., CITY OF BREMERTOr~,
a Delaware corporation a Washington municipal corporation
By:.
Title:
Date:
Federal Tax I.D. No:
By:
Title:
Attest:
Title:Kathleen McCluskev, City Clerk
Approved As To Form
By:
Title:Ian R. Sievers, Cit,/Attorney
Department Approval
By:
Title:W. Eugene Sample¥, Director
of Public Works and Utilities
Federal Tax I.D. No:91-6001231
State of Washington )
)
County of King )
SS.
I certify that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he/she was authorized to execute the instrument, and acknowledged it as
the PNW - President of OneComm Corporation, N.A., a Delaware corporation to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated: ,1996.
Notary Public for Washington
Residing at
My appointment expires:
State of Washington )
)
County of Kitsap )
SS.
I certify that I know or have satisfactory evidence that Lynn S. Hot'ton, Kathleen McCluskev, lan R.
Sievers, andW. Eugene Sampler are the persons who appeared before me, and said persons acknowledged that
they are authorized to execute the instrument, and acknowledged it as the Ma/or, City Clerk, Cit~ Attorney and
Director of Public Works and Utilities of the City of Bremerton, a Washington municipal corporation to be thc
free and voluntmy act of such party for the uses and purposes mentioned in the instrument.
Dated: ,1996.
Notary Public for Washington
Residing at Port Orchard
My appointment expires:
EXHIBIT "A'
DESCRIPTION:
THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER AND THE WEST HALF OF THE
NORTHEAST QUARTER AND WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 29, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M, 1N KITSAP COUNTY,
WASHINGTON;
EXCEPT THE FOLLOWING:
THAT PORTION OF THE NORTHVqEST QUARTER OF THE SOUTHEAST QUARTER. SECTION 29,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:
BEG NNlNG AT A POINT 396 FEET EAST AND 15 FEET NORTH OF THE SOUTHWEST CORNER OF
SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST ALONG A LINE
PARALLEL TO AND DISTANT 15 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER TO THE EAST LINE OF THE SOUTH HALF OF THE
soLrHqWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 29; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER; THENCE WEST ALONG THE NORTH LINE THEREOF TO A POINT 396
FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH ON A
STRAIGHT LINE TO THE POINT OF BEGINNING.
\
m~
50'-0"±
-o
45'-0" > --
LEASE AREA
X- X-
· g X- ~- X ' % 0" 5
EXC' ']ELL SITE
SENT BY: 8- 8-96 ; 9:51A~ ; NEXTEL PNW ENG/OPS~ 3604785161;# 2/ 2
../~te~ ~.._.j~.~._..~ Co-Location. Le shall be allowed, at Les$or's sole expense, ' ~ttaGh Lessor'$ communicaton
~ to OneC~unlc~-~s tower provided Lessor first obtains OnsCo~,--~; prior wtttten consent for such
.~t,~..hm.nt OneCoi~m's aeorova[ for said attachment shall be.contingent upon determining whether OneComm's tower
~;op"~.ly-eng'lneered to ,'~.¢on~modate Lssso,'$ antenna system.. Further, .id ,pproval.~hall be ~iven on!y..aft, er
OneComm has reviewed and approved Lessors engineering plans for said antenna attachmern In s Io~do~ specmea oy
OneComrn. Upon written appro,val by OneComm, ,aid attachment shall be In~:alied.,.by qual~ed.,cens, e.d c~x~tr~tor~
In accordance with OneComm s dlrective~ for the method of Installmont and wl~ perm,s ~s~,ue~ ~y govemmema~
audacities having Jurisdi~o~l which shall first be obtained by Lessor at It~ ~ole expense. Lessor aok~ov~lodg.s arid
agrees ~at OnaComm reserves the fight to rekx:ate t.essor's antenna at any time(s) to accommodate modlflcaaons
required for O~eComm's f'ature system requirarllents. Fu~her. O~eComll~ shall not be held liable for any down~mo or
outages in Lessor's communications system caused by the aforementioned reloca~o~ or by any other reason associated
wi~l OneComm's communications tower and/or system unless dlrecUy caused by the negligence of OneComm or its
ag~'~ts or employeex. OneComm shall have the right to remove ~e tower at ~e expiration or earlier termination of this
lease, without further obligation to Lessor.
IN WITNESS WHEREOF, the'~pa'~s h~eto have executed this Lease as of ~e day and year first above
a O,l'~/,vare corporatJo~ ~t/ / ~ DISTRICT NO. 7, /
x [ ~' /..-~ ~ a Washington munic'l/~l corporation
Memorandum of Lea$~
AGENDA BILL
BREMERTON CITY COUNCIL
1. ~UBJECT:
Approval of Sinclair Landing
Project Responsibilities by
Howard Wright, Inc.
FOR AGENDA OF: August 14, 1996
ORIGINATING DEPT: Legal
ORIGINATOR: I. Sievers, City
DATE SUBMITTED: August 7, 1996
2. ~: (Comment on back if
D~~ COMMUNITY DEVELOPMENT
CITY ATTORNEy/
ENDORSEMENT~I~RM~TION []
4.
necessary)
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT ~
SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
On August 25, 1995 the City endorsed the selection of Fletcher Wright, Inc.
following a request for proposals for the Bremerton Waterfront and Intermodal
Terminal Project by Resolution 2517. On December 20, 1995 the city
approved a Memorandum of Understanding with Fletcher Wright, Inc.
and Sinclair Landing Association to advance the Sinclair Landing Project proposed
by Fletcher Wright.
Fletcher Wright, Inc. was selected on the basis of its design, engineering,
project management and financial resources. This firm has reorganized to recreate
the Howard S. Wright Construction Company and has transferred full responsibilit}
for the Sinclair Landing Project to this new firm. Howard S. Wright will provide
the City and other public partners with essentially the same management team an¢
depth of resources that were offered by Fletcher Wright, Inc.
Waterfront
agreements
Inc.
Approve assignment.
Motion: The city accepts the assumption of all rights and responsibilities
Fletcher Wright, Inc. by Howard S. Wright Construction Company for the Bremerto~
Redevelopment and Intermodal Terminal Project and all subsequen~
and letters of intent executed between the City and Fletcher Wright~
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED
COUNCIL DIRECTIVE:
[] DISAPPROVED [] AMENDED [] DATE:
11. AGENDA BILL NO.:
(OVER)
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Provides clarity for those dealing with Howard S.
its status in the Sinclair Landing Project.
Wright in the future as to
6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EOUIPMENT OR OTHER RESOURCES:
NONE
MIGHT.AB - Agendas - 8/7/96
AGENDA BiLL
BREMERTON CITY COUNCIL
SUBJECT: Gorst/Industrial Park
Sewer Feasibility Study
FOR AGENDA OF: Au~cust 14, 1996
ORIGINATING DEPT: Public Works & Utils~/,
ORIGINATOR: G.Sampley, Directoz~
DATE SI/BMI'l-r~u: Au~cust 8, 199~
CLEARANCES: (Cogent on b~ck 3.
if necesqary~/-')
Director, PW &/~
City Attorney
City Treasurer="~,.%Jk~C~-~
This topic discussed at City CounJil Study Session July 31, 1996.
EXHIBITS:
(1) Proposed Memorandum of
Understanding
ENDORSEMEI~T ~ INFORMS_ T/ON [] APPRO~i~3 BY COUNCIL P~J~ENT FOR SUBMI~AL:
MAYOR~ ~,~tt COUNCIL PRESIDEN~~~-~-~--'//
4. SUMMARY STA~1~ENT AND REOUIREMENT FOR COUNCIL ACTION;
The Bremerton-Kitsap County Health Department has declared the Gorst Area of
Kitsap County to be a severe public health hazard due to failing on-site sewer
systems, the Cities of Bremerton and Port Orchard in cooperation with Sewer
District #5 and the Port of Bremerton have agreed to participate in a feasibility
study to sewer the Gorst and industrial areas. The study will include the
wastewater treatment facilities of Bremerton and Port Orchard/Sewer District #5.
The request before the City Council is to approve the participation of the City
of Bremerton in the feasibility study to a maximum amount of $22,500.00.
8. RECO~9~ENDATION:
That the City Council approve and authorize the Mayor to execute the same,
subject to City Administrative Policies and Procedures.
RESPONSIBLE OFFICIO-L:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Public Works & Utilities Director
Public Works & Utilities Director
N/A
N/A
PULLED [] TABLED
COUNCIL DIRECTI~-E:
10. N TI E F A I N
[] APPRO¥~D [] DISAi~PROVED [] AMENDED []
11. AGENDA BILL NO.:
2. CLE3LqANCE COMMENTS:
4. SU~4ARY STATEMENT AND REOUIREME/~T FOR COUNCIL ACTION - Continuation
IMPACT ON NON-PASSAGE:
Non-passage will eliminate the City of Bremerton from the feasibility study.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIP~qT AND 0~{ER RESQURCR~:
No impact on staffing. Funding will be provided from the Professional
Services portion of the Wastewater Budget.
7. RESEARCI{ SOURCES:
MEMORANDUM OF UNDERSTANDING
Gorst Area Wastewater Study
THIS IS AN AGREEMENT between Kitsap County, City of Bremerton, City of
Port Orchard, Sewer District #5, and Port of Bremerton pursuant to the
Interlocal Cooperation Act, Chapter 39.34 RCW ( collectively referred to
as "The Partners" in this document).
Whereas, Chapter 39.34 RCW permits local government units to make
the most efficient use of their powers by enabling them to cooperate
with other localities to provide services in more efficient manner, and;
Whereas, the Gorst area of Kitsap County has been declared a severe
public health hazard by the Bremerton-Kitsap County Health District due
to failing on-site sewer systems; and
Whereas, the soils in the Gorst area are not suitable for disposal
of sewage effluent; and
Whereas, the costs of repair and or replacement of existing on-site
systems will be prohibitive to individual landowners of the Gorst area;
and
Whereas, the repairs and improvements completed on individual
systems in the past 10 years have failed to make any significant
improvement in the overall water quality, or to reduce the public health
hazard of the Gorst area; and
Whereas, untreated effluent continues to infiltrate into
groundwater and Gorst Creek being transported to Sinclair Inlet where it
impacts the water quality and modifies the shellfish and wildlife
habitat; and
Whereas, alternate technology which is currently available only
corrects a portion of the problems facing owners of currently failing
systems; and
Whereas, the Gorst Community and surrounding beach properties and
industrial area desire to manage the growth, which is expected to occur,
by assuring full compliance with health standards while preserving and
enhancing the natural habitat of the area; and
Whereas, Kitsap County's current Planning Commission Recommended
Comprehensive Land Use Plan commits the County to encourage and support
Job Diversification and Economic Development; and
Whereas, the City of Bremerton's wastewater plant and the City of
Port Orchard/Sewer District 5 wastewater plant are the only existing
treatment facilities near the service area; and
Whereas, it is in the best interest of all of the citizens of the
County and cities to protect the health of their constituents, improve
and protect the quality of the local water environment, and provide job
opportunities for their constituents; and
Whereas, the Port of Bremerton, the Olympic View Landfill, the
owners of Industrial Land in the South Kitsap Industrial Area, Northwest
Corporate Campus, and the owners of land in the Gorst area are
interested in exploring the feasibility of providing sewer service to
their respective lands, hereinafter referred to as the "service area,"
Exhibit "A"; and
Whereas, The Partners are in general agreement that sewering of
Gorst and the Industrial Lands should be explored together and
considered with a view to the long term strategic plan for dealing with
wastewater regionally in South Kitsap County, and potentially, Hood
Canal and portions of Hood Canal; and
Whereas, The Partners, and private property owners in the service
area have indicated that they are willing to share the financial
responsibility for conducting a feasibility study to provide sewer
service to the Gorst Area and the South Kitsap Industrial Urban Growth
Area; and
Whereas, The Partners share of financial responsibility shall be
reimbursed or credited to their respective accounts without interest or
CPI indexing and with formation of the "local improvement district"
(LID) for implementation of the study recommendations, provided the LID
is formed within six (6) years of the expenditure; and
Whereas, The Partners have indicated a willingness to participate
in the consultant selection process, in the provision of data,
information and access to facilities, and to participate in the review
and workshop sessions required to complete the study;
NOW, THEREFORE, it is agreed between the Partners as follows:
The Partners shall authorize Kitsap County to proceed with
the selection of a consultant to conduct a study of the
alternative ways to provide sewer service to the service
area. Kitsap County Public Works Department, Wastewater
division, shall facilitate and administer the conduct of the
study.
Each partner shall designate a representative and an alternate
to serve on a Coordination Committee, which will monitor and
provide input and direction, acting as an advisory committee
to the County. One additional representative and alternate
shall be designated from the following areas: Olympic view
Landfill, Gorst business community, Northwest Corporate
Campus, and South Kitsap Industrial Urban Growth Area.
The Coordination Committee shall participate in the selection
of a consultant and the negotiation process.
MEMORANDUM OF UNDERSTANDING
MOA.WP5 - NN2 - 8/8/96
So
10.
11.
The Partners agree to provide all data from and access to
their respective wastewater treatment and conveyance
facilities, and to work cooperatively with the consultant to
develop the basis for flow and load projections from each of
their areas of responsibilities to the selected consultant in
a timely manner.
The Partners agree to attend the coordination and workshop
sessions.
The Partners agree to consult with their respective governing
bodies about this project as it progresses, and to facilitate
the development of study recommendations that have the support
of each partner.
The Partners agree that the goal of this work is to find a
reasonable, feasible way to sewer the service area.
The Partners agree to fund the~feasibility study based on the
following formula:
Port of Bremerton v 15% of the Consultant Contract amount
City of Bremerton - 15% of Consultant Contract amount
City of Port Orchard/Sewer District #5 - 15% of the Consultant
Contract
Kitsap County - 15% of Consultant Contract amount
Kitsap County to provide administration and facilitation and
fund the consultant selection process.
Consultant's contract shall not exceed $150,000. The parties
understand that additional funding must be provided from
private or public sources for completion of the project. If
the County is unable to contract with the selected consultant
within 90 days following selection, this contract shall become
null and void and each partner's contributed funding shall be
returned.
The Partners agree to pay Kitsap County the above prorated
share bf each consultant invoice within thirty (30) days of
receipt of the County invoice.
Kitsap County agrees to provide copies of consultant invoices
and progress reports to each Partner with each invoice, and to
provide access to records by any Partner or Partners
Representative, or the public, with reasonable notice and at
reasonable hours.
The Partners agree that the goals set forth in Exhibit "B"
(Scope of Work) represent the work The Partners wish to have
accomplished as a result of this study.
MEMORANDUM OF UNDERSTANDING - 3
MOA.WP5 - NN2 - 8/8/96
12.
13.
The Partners agree to using Kitsap County's standard
consultant contract process, including legal, risk management,
and contractual administrative processes.
The Partners agree to the schedule attached as Exhibit "C".
Each will use its best efforts to meet the schedule.
IN WITNESS WHEREOF the parties hereto have executed this Memorandum
of Understanding the date and year indicated.
Date
ATTEST:
CLERK OF THE BOARD
APPROVED AS TO FORM:
KITSAP COUNTY
BY:
CHAIRPERSON
COMMISSIONER
COMMISSIONER
Date
APPROVED AS TO FORM:
CITY OF BREMERTON
BY:
LYNN HORTON, Mayor
Date
MEMORANDUM OF UNDERSTANDING - 4
MOA.WP5 - NN2 - 8/8/96
CITY OF PORT ORCHARD
BY:
LESLIE J. WEATHERILL, Mayor
APPROVED AS TO FORM:
KITSAP COUNTY SEWER DISTRICT #5
Date
BY:
PORT OF BREMERTON
Date
BY:
MEMORANDUM OF UNDERSTANDING - 5
MOA.WP$ - NN2 - 8/8/96
53
EXI-IIBIT "B"
Draft Scope of Work
Study of the Wastewater Collection and Treatment Alternatives
For The South Kitsap County Industrial Urban Growth Area
and The Gor~t Area
Kitsap County, City of Brcmerton, City of Port Orchard/Sewer District #5, Port Of Bremerton,
Olympic View Landfill, and owners of the Industrial Urban Growth Area land in South Kitsap
County, wish to examine the alternative, reasonable, feasible wastewater conveyanca rout~, and
associated conveyanc~ facilities required to convey wastewater from the South Kitsap Industrial
Urban Growth Area, and the Gorst Urban Growth Area, to the City of Bremerton's Wa.~tewater
Treatment Plant, and/or the City of Port Orchard/Sewer District 5 Wastewater Treatment Plant.
Gorst has been designated a severe health h~rd awa by the Bremerton-Kitsap County Boa.rd of
Health. This is due to failing on-site systems and inadequate soil conditions in the area Ior on-site
systems. The Port's property located in the South Kit~ap County Industrial Growth Axca has an
existing domestic wastewater treatment facility that discharges to land application. The Olympic
View Landfill has leachate treatment that is hauled for dLsposal. Industrial wastes arc forbidden and,
therefore, the type of clientele the Port can serve is limited. The Northwest Corporate Campus also
requires sewer service to be economically viable.
All of the participants listed above desire to solve ~he health haT-rd problems at Gorst, enhance the
water quality conditions in Sinclair Inlet and encourage industrial development in the Industrial
Urban Growth Area. These partners have agree~ to share the costs of this study of this study of
alternatives and to participete in supporting the work of the study. The County h~ agr~d to be the
lead agency and to be the facilitator for the report preparation. This effort is intended to lead directly
to implementation of the recommendations.
Thc Partners are concerned that the recommended alternative be compatible with the future
development ofwastcwater facilities in the south County axes Thcrcforc, it will be required that the
report address the compatibility of the recommended alternative with the County's Draft
Comprehensive Wastewater Management Plan of Aptil 1995. The City ofBremerton's Wastcwater
Comprehensive Plan and the City of Port Orchard/Sewer District #5'$ Comprehensive Plan.
Amendments to any of these plans may be necessary dependent on thc finds of this study.
Specific Scope of Work
Task I.
Review all existing reports done on the scwering of the Gorst area and the Industrial
Area.( Listing attached).
55
Task II.
Task III.
Review Comprehensive plans for wastewater facilities for City of Port
Orchard/Sewer District 5, and the City of Bremerton and Kitaap County. Interview
Owner Representative(s) to determine current ~mtu$ and comnfitments. Examine
current operating data to determine capacity availability over time and e$tablish basi~
of cost data relative to each capacity unit.
Determine quantity and quality of wastewater to be conveyed and treated from thc
defined service and benefited areas over the next 20 and 50 year horizons, including
peak wet weather month, and peak hourly flows. Provide basis for estimates
including thc BOD5, solids and any other pollutants of significance.
Task IV.
Task V.
Task VI.
Define reasonable, feasible routes for the transfer of wastewater from thc service
areas (maps attached) to the two treatment plants. Base this on thc bess topographic
information available. Identify all components of each system, its location, capacity
and cost. Display these alternatives on maps with tabular rcpresantation of
component capacity and cost. Include mitigation for odor, noise, and aesthetics.
Provide basis for cost estimates and level of confidence. Incorporate operating and
maintenance costs for each alternative.
Prepare and present information generated in Tasks I through IV to Coordinating
Committee for discussion and decision making workshop. The product of this
workshop will be a recommended plan. Consultant will facilitate the work,hop.
County wiLl coordinate scheduling and physical arrangements.
Facilitate funding workshop with coordinating committee to develop acceptable plan
for funding of the recommended alternative. Define lead agency(s). This workshop
will result in a conceptual financing plan for those ~mmediately benefited and those
who come later. Grants, loans, bonding, ULID formation, etc., will be explored and
a conceptual method of financing will be developed which is acceptable to The
Parmers.
Prepare implementation plan including specific facility recommendations, complete
cost data, permitting requirements, required interagency agreements, specific agency
responsibilities, regulatory permit requirements, funding method, schedule and
responsibilities for implementation actions. Include coordination with long term
plans of each of the government agencies responsible for wa~tewater management
in the south area of Kitsap County.
AGENDA BILL
BREMERTON CITY COUNCIL
Ordinance Extending Interim
Procedures for Land Use Permit
Hearings
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
AugJst 7, 1996
Community Devel~-
Ian R. Sievers~j~
City Attorney----~'
2. ~: (Comment on back if necessary)
DIRECT6R OF COM/~UNITY DEVELOPMENT
COUnCiL CO~ITTEE
EXHIBITS:
Proposed Ordinance
ENDORSEMENT ~ INFORF%ATION [] APPROVED BY COUNCIL ~IDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
Ordinance No. 4550 established interim procedures for conducting hearings and
appeals on Land Use Permits as required by Chapter 36.70(b) RCW. This Ordinancs
was effective May 3, 1996, and was limited to 90 days in duration. The PlanninG
Commission and Council have deliberated on permanent procedures, but it appears
Bremerton Zoning Code text changes implementing these changes will not take effect
for at least 2 months.
Motion to approve on first reading Ordinance No.
Motion to pass on second reading Ordinance No. ~q
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED []
COUNCIL DIRECTIVE:
APPROVED
10. C AC
[] DISAPPROVED [] AMENDED [] DATE:
11. AGENDA BILL NO.:
(OVER)
8A
2. CLEi~NCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Confusion on applicable procedures following the expiration of Ordinance No.
until adoption of permanent regulations.
4550
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES:
Negligible.
LANDUSE.AB - Agendas - 7/30/96
ORDINANCE NO. ~'6~
AN ORDINANCE extending interim procedures for Land Use Permit Hearings
and amending Ordinance No. 4550.
WHEREAS, Ordinance No. 4550 established interim procedures for hearing Land Use
Permit approvals and appeals in accord with Chapter 36.70Co) RCW; and
WHEREAS, these interim regulations should he extended to allow for completion of
permanent procedures in the Bremerton Zoning Code; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amenthnent. Section 5 of Ordinance No. 4550 is amended to read as follows:
Section 5. Effective Dates. This ordinance shall take effect ten (10) days from passage and
publication and shall expir~ one hundred eighty (180) days following its effective date.
Section 2. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
APPROVED by the City Council ofthe City of Bremerton this__day of ,
1996.
PASSED by the City Council ofthe City of Bremeffon this day of ,
1996.
JOHN E. LAW, Council President
APPROVED this day of
., 1996.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
LANDUSE.IRS - Disk 2 - 7130196
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Amendment to ordinance FOR AGENDA OF:
No. 4529 ORIGINATING DEPT:
a) Establishes sewer front foota§e fees for ORIGINATOR:
Northlake Way; DATE SUBMITTED:
b~ Provides conditional rebates of surcharges upon annexation
2. CT.W. ARANCES: (Cor~nent on ba/~
Director PW&U if nec~
City Attorney
C i ty Treasurer
Fiscal & Budget Corem
Operations Committee
MAYOR
August 14 1996
Public Works/Util
W.E.Sample¥, Dir.
July 26, 1996
3. EXHIBITS:
Proposed Amended Ordinance
APPROVED BY COUNCIL ~ FOR SUBmiTTAL:
COUNCIL PRE S I~
4. SL%~4ARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This request for an ordinance amendment adds two new sections:
(1) New Article II.(a) (2) (c) for a change to the Assessment Rates under
~Front Footage Fees." This would only affect those properties not included
.in Utility Local Improvement District (ULID) #327 and assesses a $64.30
charge per foot.
(2) New Section 2 for a conditional rebate of surcharges paid by owners
outside City limits who have applied for and are receiving City utility
services. The rebate would be made if annexation into the City limits
occurred within 12 months from the date fees were paid. Method of rebate
would be as outlined in the Outside Utilities Agreement.
8. i~ECOb~4ENDATION:
That the City Council approve and pass the ordinance amendment as
written.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Dir of Pub Wks
City Treasurer
N/A
N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11. AGENDA BILL NO:
AMENDED
8B
2. CLEARANCE CO~4~NTS:
5. IMPACT ON NON-PASSAGE:
This amendment will simplify and encourage annexation into the City.
Financial reimbursement whatever the form as an incentive for annexation is a
good management tool. If this amendment is not adopted, annexation will be
difficult at the least. Further, the City will not realize additional
revenues from ULID #327.
6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
NONE.
7. RESEARCH SOURCES:
ORDINANCE
AN ORDINANCE establishing a conditional rebate for utility services provided to
individuals outside the City limits upon annexation into the City of Bremerton within a
prescribed period of time and amending ~'Front Footage Fees" for those properties not
included in Utility Local Improvement District (ULID) #327; and amending Ordinance
No. 4529.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Ordinance Nos. 4529 Section 1, II(a) is hereby amended to read
as follows:
PURPOSE. The ordinance codified in this section establishes assessments, rates and
charges for municipal waste, wastewater and stormwater services.
II. WASTEWATER
(a) ASSESSMENTS:
(1) General Facility Fee.
(a) Within City limits
Co) Outside City limits
(2) Front Footage Fee.
(a) Within City limits
(b) Outside City limits
(c) Properties not included in ULID
#327 fronting the sewer main in
Northlake Way installed as part
of the Kitsap Lake Sewer Extension
$150.00/ERU
$225.00/ERU
$8.00 per foot
$12.00 per foot
$64.30 per foot
STORM.IRS - Ordinance Disk 2 - 7/30/96
(3) Inspection Fee.
Lateral connection at P/L
Lateral connection at main
Conveyance Facility Ext.
Pump Station
Miscellaneous
Within Outside
City Limits City Limits
$ 40.00 $ 60.00
$250.00 $375.00
$1.25/Ft. $1.90/Ft.
but not but not
less than less than
$300.00 $450.00
$500.00 $750.00
$40.00/Hr. $60.00/Hr.
Section 2. New Section. A new subsection V is added to Section I of Ordinance No.
4529 to read as follows:
V. REBATE. Properties within Kitsap County provided with water, w~istewater or
stormwater services by the City of Bremerton are required to pay an additional fee. In the interest
of fairness and to recognize potential annexation of these sites into the City, a rebate of the
surcharge portion of the front footage and facilities fees would be made to any owner(s) whose
property becomes annexed into the City of Bremerton within twelve (12) months t¥om the date
of payment of such fees.
Section 3. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
APPROVED by the City Council of the City of Bremerton this day of ,
1996.
STORM.IRS - Ordinsnce Disk 2 - 7/30/96
2
PASSED by the City Council of the City of Bremerton this __ day of ,
1996.
JOHN E. LAW, Council President
APPROVED this __ day of
, 1996.
ATI~EST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
STORM.IRS - Ordinance Disk 2 - 7/30/96