HomeMy WebLinkAbout1675 RESOLUTION NO. 1675
A Resolution of the CITY OF BREMERTON adopting
agreement for settlement of litigation with the
NORTH PERRY AVENUE WATER DISTRICT, establishing
service areas, providing for the transfer of
customers and accounts, assumption and indebtedness,
transfers of facilities, revenues from front footage,
and providing for orderly transition of annexed areas.
WHEREAS, on the Manette Peninsula, south of Bucklin Hill
Road, there has heretofore existed water service to the residents
in the area by both NORTH PERRY AVENUE WATER DISTRICT and the CITY
OF BREMERTON, and,
WHEREAS, from time to time there has occurred annexations
to the CITY OF BREMERTON, bringing within its corporate limits areas
of the Manette Peninsula, some of which areas are within the geographic
corporate limits of NORTH PERRY AVENUE WATER DISTRICT, and,
WHEREAS, both the CITY OF BREMERTON and the WATER DISTRICT
have revenue bonds outstanding, funded by revenues from water service,
and,
WHEREAS, in the border areas between these entities and in
the overlapping areas between them there has been established from
time to time, facilities for the service and supply of customers, which
facilities are on occasion duplications and,
WHEREAS, the present extensive growth of population on the
Manette Peninsula has dictated that there be established an orderly
method of development and comprehensive planning by both of these
entities individually and in coordination, and,
WHEREAS, heretofore, because of the existence of these
problems there was commenced an action to obtain a judicial decision
thereof, said action being filed in the Superior Court of the State of
Washington for Kitsap County, under Cause Number 64760; that the issues
of this action are co-extensive with the issues of the problems of
service area and facility duplication, debt service, etc., which have
arisen from the above referenced circumstances, and,
WHEREAS, it is the desire of both entities to settle these
- i -
matters between them and the litigation, now, therefore,
IT IS HEREBY RESOLVED that the above litigation and the
above issues and problems existing shall be settled on the basis of
that certain instrument entitled "Agreement", a copy of which is
attached hereto and incorporated herein by reference, as if fully set
forth herein. It is further
RESOLVED that the City Council of the CITY OF BREMERTON
shall enter into and sign and execute the above agreement, which
same shall become effective upon execution by the NORTH PERRY AVENUE
WATER DISTRICT by its officials duly authorized so to do. It is
further
RESOLVED that this Agreement shall form the basis of the
entry of a judgment in the above cause encompassing and containing
its terms.
PASSED by the City Council of the City of Bremerton,
signed by the Mayor and attested by the City Clerk in authentication
GLENN K. JARSTAD, Mayor
ATTEST:
G.C. YEADON, Sr., City Clerk