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AN ORDINANCE a~opted pursuantl tO ChaDter 26; Laws of
~a:sh~ngton, 1981, an~ stating the ~ntent off the City
of Bremerton to annex to, join, and become a part oE
the Kitsa9 County Rural Library Distr~ct; ~inding that
the public interest will be served thereby; and asking
fo~' concurrence by the Library Board.
~HEREAS, ~or many years the City has contracted with the
Kitsap Regional. Library for said ].ib~-ary d[strLct to provide
] tbrary services to the City upon the terms and conditions
pro'3ided [or in said contracts; and
~'~-{EREAS, the '1981 Legislature at Chaf>~ey 26, Laws of
W~shinjton, ]981 provided that a city of 'ri> to 100,000 population
may j~i~ and annex to 7~ contiguous library di~3~:rict upon approval
o~ [h~ voters of such city, and upon approval or co~currence of
the a~ fected ]ibrary board; and
,t{~REAS~ saLd 1,:~gislat[o~] requ~r~s that a FJz'st step of the .
.~ m~'~xat~on pcocess is l'ot- the City Council ho prove, de by
ordinance that it intends [or the City to join and annex to said
[~_b~'a~y district upon a finding by the City Counci~ t:.hat the
pub}.ic interest will be served thereby, with said proposed
o~:'din~',~"~ .... to o2 submitt~d Eo the state 1. ibuarlan a~d to La~. local.
l,b~:a,y b~)ard for concurrence by the local, o~.~a~d, now, there[ore;
R~ )~ DOngS ~{EREBY OHDAIN
~?~j~'[~.~j '[: That the City Council h~reb,z' finds that the
p~tbl, io interests would be served by annexation oL t.h,: City to the
k.[tsaF. County Rural. LLbrary District, such annext:.ion will. t. end to
c;~nti t.~_ a[ld ' c'~''~
' l~ ~ tmpr_,,,: present excellent: ] ibrary service, tend
t. ow~rd'-: good inteuloca! government relahi, on:~ ~nd be at a
SECTION 2: City Council intends to, and by this Ordinance
doe~, [qitiate such annexation puusuant ~:o Chapter 26, Laws of
SECTION 3: Attached to this Ordinance ].s a Concomitant
Aju,~e~er~t wiEh the Regional Library, which is i_nco~'pouated by
t;qis ~;eference and made a part heueof as hhough [~][y set fouth
hero, in, providing for d[stribuLion o~ ao~..~s and ass~ption of
}ia~,~ [c~ie~ in C. he event annexatiou occurs. :.Said Agreement sets
I0150086 E[t35B 454
forth a fair and reasonable disposition of assets and
].iahilLties, as is requiz'ed by state law.
SECTION 4: Prior to passage or consideration on second
r~ading~ this proposed Ordinance shall be sent to the state
librarian and to the local library board, and ~zhe 1,~cal library
board is ueque:~ted to ueview and provide its t:ecommendation and
concurrence in such p~oposed annexation. Upon ueceipt of such
cencurrence by the local library board, the Ordinance will be
~:onsidered on final passage and if enacted into law~ .ounc[1 will,
by retool, ut[on, request the county commi{sioner:3 to call for this
measure to be put to the voters at t~n~ Septe~e~' ]7, ~ 19~
e]_ection, at which time the voters can pass upon such proposed
annexation. If then approved, annexation will proceed to be
accemplished by Janua::y I , 19_~_.
APPROVED by the City coun.~l on the first re~ding this
day of
1985.
PAS D b he Ctt~ Council of the City o~ 6~emerton~ signed
by th~. Mayor and attested to by the City Clerk in authentication
pa~.~ag_ on this ~__ day of ~. , 1985.
MORRIF~ [0A~KINS, Mayor
gAiEL, EEN L. McCLUSKEY, Clerk
K[3,'56F I 4,55
~,',P ~OU~¥ AUDITOR
~ CONCOM I TANT AGREEMENT DEPU r Y____._,,~
b". THIS AGREEMENT made and entered into this I~k day of
C. ~3r- , 1985, by and between the Kitsap Regional Library, a
U. Washington municipal corporation, a political subdivision of the
State of Washington (hereinafter referred to as "Library") and
the City of Bremerton, a Washington municipal corporation and
political subdivision of the State of Washington (hereinafter
referred to as "City").
W I T N E S S E T H:
WHEREAS, the Library extends library services to the City
pursuant to the provisions of the library laws of the State of
Washington, and the City compensates the Library therefor
pursuant to a contract entered into between the Kitsap County
Rural Library District and the City of Bremerton pursuant to RCW
27.12.080, which agreement is dated July 5, 1955 and effective
August l, 1955; and
WHEREAS, the City has expressed a desire to annex into the
rural library district of Kitsap County; and
WHEREAS, the Library has concurred in the annexation of the
City of Bremerton into the Kicsap Regional Library and Kitsap
County Rural Library District by Resolution 1982-2 dated
September 1, 1982; and
WHEREAS, the parties hereto desire to make provision for the
ass~nption of existing bond indebtedness incurred by the City of
Bremerton pursuant to a bond issue passed by the voters of the
City of Bremerton in November, 1974; and
WHEREAS, the Library desires to obtain clear title to all of
the assets of the Kitsap Regional Library; now, therefore
FOR AND IN CONSIDERATION of the mutual covenants and
promises contained herein and the mutual benefits to be derived
therefrom, the parties hereto agree as follows:
1. Continued Payments: Upon the successful annexation of
City into the library district, City will continue its payments
to Library under existing contracts until Library realizes the
8510150085 i
proceeds generated pursuant to the annexation of City, which will
occur in year 1987.
2. Assumption of Indebtedness: Upon passage of the
annexation, Library shall submit to the voters of incorporated
Kitsap County a measure to assume the existing indebtedness the
City incurred for library purposes, specifically assumption of
the 1976 General Obligation Bonds of the City, promulgated by
Ordinance No. 3163 and approved by its citizens in November, 1974.
Unless and until said measure to assume City's existing
indebtedness is approved by County voters, Library shall remit to
City annually the amount of that year's City payment on those
bonds.
3. Conveyance of Title: In consideration for assumption of
the existing indebtedness of the City of Bremerton set forth
above in Section 2, City will convey full title and ownership of
all library assets currently owned by the City of Bremerton
including, but not limited to, its interest in Kitsap Regional
Library buildings, equipment, supplies, books, and any and all
other property purchased by the City for library purposes
Because these amounts have depreciated in value over time,
conveyance by the City in consideration for assumption of its
debt is just and equitable.
4. Successful Annexation as Condition Precedent: This
Agreement is contingent upon the successful approval by the
voters of the City of Bremerton of an annexation measure annexing
the City of Bremerton into the Kitsap Regional Library. This
issue shall be placed upon the ballot and before the voters in
the ~all of 1985. Successful passage of this measure is a
condition precedent effecuation of this Agreement and this
Agreement shall have no force or effect and shall be null and
void in the event that this annexation measure fails to pass in
November, 1985.
4. Termination of Prior Agreements: Upon successful
passage of the annexation of the City of Bremerton into the
Ki~sap Regional Library, those contracts between the City of
Bremerton and the Kitsap County Rural Library District dated July
[[L356[tI 4,.51
85 i O I 50085 2
5, 1955 and ~o~~ ~% , 1982, shall be terminated and shall
have no further force or effect.
5. Future Election: Library agrees to place the issue of
assumption of Bremerton's existing indebtedness before the voters
of Kitsap County as soon as possible after successful passage of
the annexation measure. City hereby agrees to pay one-half (1/2)
of the cost of placing said measure before the Kitsap County
voters.
6. Continued Maintenance of Fifth Street Library: City
agrees to continue to make available to the Library that certain
building located at 612 Fifth Street, Bremerton, Kitsap County,
Washington which the Library shall use as a branch library.
Library shall provide library services to such location without
any rental expense paid to the City and the City shall furnish,
at its own cost, all utility services including, but not limited
to, heating, electricity, sewer and water and shall further
provide all necessary services for the maintenance of that
building including, but not limited to, janitorial service and
building maintenance provided that either party hereto may
terminate the tenancy created hereunder by giving the other party
ninety (90) days written notice of its intention to terminate
such tenancy.
7. Compliance with Local Laws: Library shall comply with
all applicable laws, ordinances and codes of the state and local
governments.
8. Entire Agreement: This Agreement, including the
exhibits and addenda attached hereto and forming a part hereof
(if any), are all of the covenants, promises, agreements, and
conditions, either oral or written, between the parties.
9. Applicable Law; Venue: ~his Agreement shall be
construed and interpreted in accordance with the laws of the
State of Washington. In the event of a dispute, such dispute
shall be litigated in the Superior Court of Kitsap County,
Washington.
IN WITNESS WHEREOF the parties have executed this Agreement
as of the date set forth above.
KI~SAP REGIONAL LIBRARY:
P r s ~e~t
M6R~I~ DAWKiNS, Mayor
ATTEST:
KAT~LEEN L. McCLUSKE~, C~erk
STATE OF WASHINGTON )
COUNTY OF KITSAP )
ON THIS //'~ day of ~~~ , 1985, ~fore me, the
undersigned ~otary Public in a~d for the State of Washington,
duly commissioned and sworn, personally appeared ~K3ORIE WEST~
and I~NE C. HENINGER , to me known to be the President and
Secretary, respectively, of the Kitsap Regional Library, the
municipal corporation that executed the foregoing instrument, and
acknowledged the said instr~ent to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute
the said instr~ent and that the seal affixed is the corporate
seal of said corporation.
WITNESS M~' HAND and official seal the day and year fiN~
above written. ~ -,'~".. ....... ?s '-.
NOtaRY ~Bn~C/fn a~ ~Or
state wasnYn on,
STATE OF WASHINGTON )
SS
ON THIS ~day of ~3~, 1985, before me, the
undersigned Notary Public in a~d for the State of Washington,
duly commissioned and sworn, personally appeared MORRIE DAWKINS
and KATHLEEN L. McCLUSKEY, Mayor and Clerk, respectively, of the
City of Bremerton, the municipal corporation that executed the
foregoing instr~ent and acknowledged the said instr~ent to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they
ale authorized to execute the said instr~ent and that the seal
affixed is the corporate seal of said corporation.
WITNESS MY HAND and official seal the day and year
above written. ~ .'
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