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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