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HomeMy WebLinkAbout1947 +--------------------------------------------------------------------------+ =l=Enter Search Criteria, Press Esc Key to Transmit =1= =l=Press Del Key to Terminate Delete Mode =1= CHANGE Contract Transactions =1= Contract Number 1947 : :Vendor Name =l=Subject .'.Department ::Status Code TRACYTON WATER DISTRICT WATER SERVICE PW - UTIL GOV =l= Insurance Type Amount Amount Begin Date End Date Review Date T =1= 06/29/1966 J. 03/15/2004 02/15/2006 -.- ;: ;: =1= -.- ;: ;: ;: ;: J.. Insurance Total Insurance Review Date $0.00 -,- Comments WATER DISTRICT ASSUMED & ASSETS TRANSFERRED 2004 VAULT 01/01/2006 "( +--------------------------------------------------------------------------+ ~ - ORIGINAL e SERVICE AREA AGREEMENT AMENDMENT CITY OF BREMERTON AND TRACYTON WATER DISTRICT THIS AGREEMENT AMENDMENT is hereby made and entered into by and between the CITY OF BREMERTON, a municipal corporation of the State of Washington established under Title 35 of the Revised Code of Washington, hereinafter referred to as "BREMERTON", and the TRACYTON WATER DISTRICT, a municipal corporation of the State of Washington, established under Title 57 of the Revised Code of Washington, hereinafter referred to as "TRACYTON". WITNESSETH: WHEREAS, BREMERTON and TRACYTON entering into an agreement for the pwpose of establishing operations and maintenance and areas of customer service in 1966; and WHEREAS, BREMERTON AND TRACYTON acknowledge that they are now, or expect in the future, to serve the area ofKitsap County, Washington, lying generally in the central portion of said County and around the eastern portion of Dyes Inlet; and WHEREAS, in redefining the boundary between the respective service areas of BREMERTON and TRACYTON, the parties have given proper consideration to expected growth and population and service demands, ground surface elevations and contours, water service pressure zones and compatibility to the extent possible in the respective pressure zones utilized by the parties hereto; and WHEREAS, BREMERTON AND TRACYTON hereby agree to amend their agreement as follows: Section 35 Establishment of Bounda1:y' BREMERTON AND TRACYTON hereby agree that the boundary between their respective water service areas shall be the line shown in blue on the attached Figure" I " which by this reference is incorporated herein as though fully set forth. Said line is legally described as set forth on Exhibit" A" attached hereto, which by this reference is incorporated herein as though fully set forth. In the event there is any change in the service area boundary set between BREMERTON AND TRACYTON in the future, such changes shall be by mutual agreement and in writing. Nothing in this Agreement shall abrogate the rights and powers of BREMER TON under RCW 35.13A.030-.050 upon annexation of any territory included in the Tracyton service area into BREMERTON. Authmi7J1tion: BREMERTON AND TRACYTON have each authorized the execution of this Agreement by appropriate resolution. Service Area Agreement Amendment City ofBremerton and Tracyton Water District ~ OF B~... << ORIGINAL Notices: All written notices required to be given pursuant to this Agreement shall be sent by certified mail, return receipt requested, to the parties at the following address: BREMERTON: Bremerton Public Works and Utilities 3027 Olympus Drive Bremerton WA 98310-4799 TRACYTON: T racyton Water District PO Box 2013 Silverdale WA 98383-2013 Provided, however, that either party may change the address to which notices are to be sent by providing notice in accordance with this section. DATEDthis /d"f-~) dayof ~./H~~ .1998. CITY OF BREMERTON By: ~7r I By: ~ r:z City Attorney Atte~~ ~UL Ka een McCluskey, City Clerk I TRACYTON WATER DISTRICT By: By: By: Service Area Agreement Amendment City ofBremerton and Tracyton Water District TRACYTON WATER DISTRICT OR/G/N4L Section 28, Township 25, Range 1 East, Government Lots 1,2,3 and 4, W.M., Kitsap County, WA Except the north 760 feet more or less thereof. Section 27, Township 25, Range 1 East, W.M., Kitsap County, WA The southwest quarter. The south half of the southwest quarter of the southwest quarter. The southwest of the southeast quarter of the southwest quarter. The south 320 feet more or less, of the west 480 feet more or less, of the northwest quarter of the southwest quarter of the southwest quarter. The north 330 feet more or less, of the northwest quarter, northwest quarter, southwest quarter. Section 33, Township 25, Range 1 East, W.M., Kitsap County, WA The east half. Section 34, Township 25, Range 1 East, W.M., Kitsap County, WA Government lots 1,2 and 3 The northwest quarter. Except that portion of the northly 600 feet more or less and the easterly 360 feet more or less of government lot 2. Except that portion lying 880 feet more or less south of sec. 34 north section line and 120 feet west of the north-south center line of said section. The northeast quarter. The north half of the northeast quarter, Gov't Lot 3. Except that portion lying north of the centerline of Tracyton Blvd. and Schuyler Road, and Lot A Short Plat No. 176 recorded under Auditor's File No. 1101016. Except that portion of the southeast quarter of the northeast quarter lying east of Mosher creek. Except that portion of the southeast quarter of the northeast quarter lying east of the following described line: beginning at the north line of the southeast quarter of the southeast quarter of the northeast quarter and the intersection of Mosher creek, thence Southwesterly 210 feet more or less, thence west 340 feet more or less to the westerly line of the southeast quarter of the southeast quarter of the northeast quarter, thence along said westerly ORIS line south 450 feet more or less, to the south line of the said southeast i' N 41 quarter of the southeast quarter of the northeast quarter. <. The southeast quarter. Except the northeast quarter of the northeast quarter of the southeast quarter and that portion of the southeast quarter, lying north of the centerline of Vena Blvd. Section 35, Township 25, Range 1 East, W.M., Kitsap County, W A The southwest quarter. The west half of the west quarter of the southwest quarter. Together with the southwest quarter of the southwest quarter of the southwest quarter north 440 feet more or less and east 340 feet more or less. Except the north 650 feet more or less thereof. Section 3, Township 24, Range 1 East, W.M., Kitsap County, W A Government lots 1 and 2. The northeast quarter. Except the portion lying southerly of the following described line, beginning at the easterly quarter comer of said section 3, thence northerly along said section line 720 feet more or less, thence leaving said section 1800 feet more or less to the centerline of an existing creek, thence following said creek southerwesterly to the gov't meander line and terminus. Section 2, Township 24, Range 1 East, W.M., Kitsap County, WA All of the southwest quarter of the northwest quarter. - ~ .1 . ~ G R E E MEN T --------- to {;LV/? {' COMES NOW, TRACYTON WATtR DISTRICT and the CITY OF BREMERTON, municipal corporations of the State of Washington, and hereby acknowledge that they have heretofore entered into, between them on the 29th day of June, 1%6, an instrument entitled "AGREEMENT", providing for the transfer to the CITY by the WATER DISTRICT of certain water lines and facilities of service by the CITY to the DISTRICT of a water supply. The said instrument was placed of record with the Auditor of Kitsap County, Volume 884 of Deeds, page 543, et seq., on the 13th day of March, 1967. The parties further acknowledge that a parcel of real property of the DISTRICT was retained by the DISTRICT, being the Southwest 1/4 of the Northwest 1/4, Section 2, Township 24 North, Range 1 East, . W.M., Kitsap County, Washington. The CITY is desirous of establishing a water storage facilities and water mains for the purpose of serving same and utilizing same, on the real property above referred to, these said storage facilities and pipeline are to be used in conjunction with the present and future water distribution system serving the service area of the DISTRICT, it is now, therefore AGREED that the said DISTRICT will convey to the CITY, subject to the procedures established in RCW 39.33.010, a parcel and ease- ments as described on the attached exhibit, this conveyance to be subject to the condition subsequent that the same shall become null and void in the event of the discontinuance of the supply of water to the DISTRICT service area for its customers. The conveyance shall be in the form as set forth on the attached exhibit. ~ AND FURTHER, as a provision hereof to be carried out by the CITY ~ithin a reasonable time, it is agreed that the CITY will make the change-over of service to those persons now being served by the two-inch galvanized line originating at the old pump site so as to install and make service connection of those customers with the new twelve-inch main located on Tracy ton Beach Road. This change-over to be without charge or expense, whether to the DISTRICT or to the customers. -1- ~ ~ ~. The CITY also agrees to replace the existing hydrant and install a new five-and one-quarter-inch fire hydrant at the intersection of Nichols and Hansberry Streets and to make the connection thereof to the twelve-inch main. provided that the DISTRICT or the Tracy ton Fire District shall provide the hydrant itself. The existing hydrant shall remaip the property of the WATER DISTRICT or Fire District. as the case may be. The CITY shall pay all expenses in connection with the pre- paration of the necessary agreements and deeds and petitions and orders of the court and publication costs. court costs. and including the reasonable attorney's fees ,incurred by TRACYTON WATER DISTRICT. The DISTRICT ret~ins all standing and fallen timber and shall be entitled to election to remove same. This election to be evidenced in writing within thirty (30) days of the approval by the court of the transfer of the property. otherwise this reservation shall be of no further force nor-effect. If the election is made. the removal shall be within thirty (30) days of the election. The parties hereto declare that their respective legislative bodies have passed the requisite resolutions as would authorize . the entry into this transaction I DATED this ,-:z;z ~ day of by the respective parties. ~~~~ . 1975. TRACYTON WATER DISTRICT by: __ "'7 -'0' ~ . '.'''' /, . Cha~r~an~~CollUlU. s s~~ne~' '-~... -",- ~~. ~ --E:. ?tr:.~ mm~ss~oner CITY OF BREMERTON. a COllUlU.ss~oner mun~. :o:poration _ __ by: 1'<. ~~:::: eDl . Jars . ayor ATTEST: ~~~d.- Gerald.:;?". eacl.on. 'C~ ty Clerk -2- - ,.1 .........~. I,,', f ...; ,"" fa ,,~ ,".. . ,,0 , . ~~;'j'~.., <t',oOUl>OD'I~ "..,,"""'~. ~ "'ni.t. i . 5 " - ~ t[.,,]'l"'l.~'TSAI' . ~! i '=fi ' ~ ....... ,. -- -1 WI, '.... t~lIl : p- ~~ ~ ~ ,-. .. . '. '~f ^ """'~ ""', - - ....... ~ . ,r i TRACYTON ~,,_ . ~ i' ;c.... ~ I <<' WATER .....~ ~ ",..-...-' . .'. ~. ~ 'ii'"' ,- :RLANDS POINT~ D1~TRICT- I)" ':"'~F- ~~, ", VATER COMPANY . . I~TI~=:~ .. .. I' ." <~::r.,""~ ~ : , , , ,~ .' . I!!, !; - ".~ MARINE DRIVE :!Dlj l j:.::, fJ r'" i' WATER DISTRrC~ u_ ! z Rook, Po"p~.~.1 .' ' _O.K' "_ J. . ~,., ',-..... - \ , _.; ";:a ,,:: ! U~' i~ . . ,. ..JJ '.~". (j ..:-.... -i:;i~' . j~,r, . ~, I ~ ~ ",\ '1(;7-- .// "" ..... (__-:~ \ II ::: ~I .i~., )1 ;;:;. /. ':~'-'_, \.. .'%, ",,",' ( Ik,. .'IL:::::'-:.:,I tz., .;:: i r:. ,~tt~ . .,~! ~\"/I I, !, ""'- {/ ",:t:l .. \ .~ Iii I.... \ j~ " .. ? \ .. I I : \ 1!"HIN'Jf.Y ; ! ! ~ \ i.\ . \ BAY " ; I ~ · ~= =- ,\ \ ; 'lI ! .. ~ __0' I ' I :r;--, ." S... (... _ .'.,,,. Pom' l i. --~, ~ \".,- l' '. I f, ' I. ~_.~ , II ' : ~ I """" "-- VI I' '!i ~. ..-. I 'I -. . Vl ~: ...... .::: % % & "'" ---4 ~ """:"28 <I( ,.,.,....;""~- L l__.. \ '&':,"0' t::; ic.... CoO . .. - ~. ~:.i!' . , ~,.' ~ I -.:-~ "1' :::c~" .-. 7- 4'~' 'r.~ NOF ~V, ........ ot '''_ eel ~..... ., . ..,.._,.,. 11111 j'r; -- :HL~...) BAY. --- . ..............,.. I; a .u @"= y-- - ~~ .. .i'::t!..... c::r p PM ~~~:- ~, ; ')" ) ;;0 -.;~;.. "" \~'.'''t., . t ; : ~ , ...... ~ . . . . > ..... - , r"<4(~& ,Y" . AGREEMENT I? I COMES NOW TRACYTON WATER DISTRICT, a municipal corporation of the State of Washington, through its duly elected, qualified and acting Board of Water Commissioners, hereinafter called "Tracy ton", and the City of Bremerton, a city 6f the first class of the State of Washington, through its duly elected, qualified and acting City Council, hereinafter called "Bremerton", and WHEREAS Tracy ton has a present and continuing water emergency by reason of insufficient supply and at times inadequate quality of water, together with an increased burden of servicing, maintenance, accounting and billing, and WHEREAS Bremerton has a surplus of potable water in close proximity to Tracy ton, in addition to tlhe presently contracted supply, requiring a minimum expenditure to serve Tracy ton with an increased supply, and has operating, maintenance and accounting ,~. personnel and equipment and procedures to readily serve Tracy ton's needs, and WHEREAS the parties hereto are desirous and intend by this agreement to provide interim emergency assistance to Tracy ton by supplying increased amounts of potable water to Tracy ton through an eight inch main and pressure reducing station, supply to Tracy ton meter reading andJbilling service through Bremerton'S existing water department equipment and personnel, and maintain and service, at rates herein set forth, and in addition, when Tracy ton requests, extend Tracy ton's mains and laterals at Tracytonjs cost, all until an election by electors of Tracy ton to be held at the September primary or November general election, 1966, under authority of R.C.W. 51.08.020 and .030 for conveyance of Tracy ton water system to Bremerton. Secondly these parties further intend and are desirous to contract herein for transfer of Tracy ton water system to Bremerton in the event its electors vote for such transfer and to VOL884 MIlE548 \'.:;.,J" ~ t.:' -- '- contract the rates to be charged and the service to be provided Tracy ton's users by Bremerton. Third and finally these parties intend and agree that, in the event the electors decline to transfer the Tracy ton system to Bremerton, the parties shall be relegated to their respective positions, rights and duties as existed prior to this agreement except as to lease of main and reducing station installations, the parties recognizing a difference of opi~o~ as to the validity or meaning of agreement dated June 7, 1960. NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS: 1. Bremerton will install water main along Riddell Road connecting at the westerly extremity of the currently existing water main on that street, and extending westerly along Riddell Road to Bunker Street and connection with the currently existing mains of Tracy ton. This pipe shall be installed in 8-inch size of cast iron material and of sufficient pressure classification as will serve the circumstances, pressures and conditions there pertaining. 2. Bremerton will also install a pressure reducing station within Tracy ton District limits properly housed as will have sufficient capacity and size to permit the supply to Tracy ton of its needs for water as these needs exist through the various seasons of the year, and with sufficient pressure reducing and changing characteristics as will supply water at pressures compatible with the existing mains and distribution system and needs of current customers of Tracy ton. 3. The parties acknowledge that Bremerton made the necessary investigation and determination of facts, conditions existing, and has by its personnel made the neeessary design and engineer- ing findings for the above installations. The parties acknow- ledge that Tracy ton relies upon Bremerton's representations and ability in this field. 4. The installation of the above facilities will be made entirely by the forces and with materials supplied by Bremerton. (2) 884~. 4 ~. 'p'" . .,~ .\>..l'..... ii~?(.~;~~';J1,; '~, iq~Ni;l;,:_'.,' '. ,"'~', ,,', ','" -, 'r",;." ;.",-;: :<,~i\~!:~~ilii.l''-' }'\;1~~ ,',',t:t-, ,~,~;. .~< "'V-;,i;",,'-:~;V "~~"" ... ',~;' '.'- ': ',:''';,:l',:,'''~:, .:','" ,^".."""",,,,,,,,({, - -- ~ 5. After completion of installation all of said pipeline within Tracy ton District boundaries and the said reducing station shall be leased by the City of Bremerton to Tracy ton Water District, which said District shall rent same from the City of Bremerton. The lease term shall be from date of completion of said installation until either a conveyance to Bremerton of Tracy ton water system upon election, or by full payment of the lease consideration, whichever first occurs. The lease con- sideration is $8.61~.75 and shall be paid $125.00 monthly ~ 7--~"Ul . commencing the 30th day following certification of rejection on election for conveyance of Tracy ton water system to Bremer- ton and continuing each month thereafter until lease consider- ation is paid. Lease consideration may be prepaid by Tracy ton, in which event it shall receive a discount from the lease ..s.~.~' of such prepayment. . rJA-~ consideration remaining unpaid of 4 1/2 %/. Upon payment of the .6 /Fv'7f /l<4.J lease consideration in full or as discounted Tracy ton shall :r.r.~' Jlf.d be and become the owner of such pipe line and pressure reduc- ing station without further proceedings by these parties nor instruments of conveyance. In the event of an affirmative vote in the election hereafter specified, under which the electorate of Tracy ton Water District shall approve a convey- ance from Tracy ton to the City of Bremerton of the water system, the lease herein provided shall forthwith terminate and cancel; the said line shall be and remain the property of Bremerton, and Tracy ton shall not be obligated further in regard to the payment of rental or under said lease. 6. On the pipeline thus installed no hook-ups or connections shall be made except under the auspices of Tracy ton, which District shall determine the appropriate front footage to be paid by the respective properties as a charge for connection permission, this to be in addition to the normal and usual connection charge for water meter installation and hook-up. The said front footage connection permission fee as received shall be paid by Tracy ton to Bremerton, and the same be credited (3) vOl884 IlGE545 ;a". ~."".', .'~ ~,.~:~~'l\,~,;~.' :;>;'\ 'f" ",0"" """"',' :';':'~:,-,~~.'t;t. :;);;';:"':: ,,"",' 0< ~'+,;..;;o:'" . ;""":,'i'.,, :j~;,Si,"t:, .:,"}'), li,,~~:~"'~:~~:',.', l:;~:::, "':':"'~f~~""!I!:;,"< '\,ili;.it '::& upon the rental as herein reserved. 7. Unless and until conveyance to Bremerton of Tracyton's water system shall occur, all water mains now or hereafter in- stalled within the boundaries of Tracyton shall be and remain the property of Tracyton, with the exception that ownership of the main on Sandra Lane and Vena Street and that main subject to lease shall be and remain that of Bremerton. Service to customers from said Vena and Sandra Lane lines shall be as customers of Bremerton. 8. Construction of the connection main shail commence forthwith and be completed within thirty days. All construc- tion and installation shall be in a good and workmanlike manner, with adequate materials. 9. Commencing with the meter reading dated June 27, 1966, Bremerton shall performall meter readings, computation of water charges, billing, receipt for sums so paid and account therefor. And Tracyton will bill to July l, 1966 and will pro- vide such records as are necessary and appropriate to assist the City in determination of the appropriate future billings. For the period commencing Julyl, i966 Bremerton shall bill the Tracyton customers at $3.50 per month for a minimum of 660 cubic feet and 33 cents per hundred cubic feet in excess thereof, said meter readings and billings to be bimonthly. Tracyton will pay unto Bremerton for the services to be rendered under this agreement $2.50 per 500 cubic feet basic minimum and 33 cents per 100 cubic feet in excess thereof for the particular customers involved, said billings to be bimonthly. During the summer sprinkling period upon proper ~ust0m~r application, billing by Bremerton of Tracyton customers will be at the rate of $5.50 per 2,500 cubic feet minimum, and the excess at 25 cents per hundred cubic feet. Tracyton will pay to the City $5.00 per 2,500 cubic feet minimum for summer sprinkling rate customers and 25 cents per hundred cubic feet over said mini- mum. The billing to Tracyton by Bremerton at this new rate (4) of charge by Bremerton to Tracyton shall be pro rated for the month of commencement between the date of completion of the connection above mentioned and the first of the next month. The services provided prior to that completion date shall be billed and paid for at the prior rate heretofore existing 10. The monies herein referred to shall at all times be the property of Tracyton until accounting and payment by Tracyton of the sums due Bremerton. After proper accounting the pay- ment for services and water as aforesaid shall be immediately due. Ali records pertaining thereto shall be the property of Tracyton. Tracyton shall have access at all reasonable and proper times to the records aforesaid. Bremerton shall supply copies on request thereof and retain originals. ll. Balances on outstanding water bills will be billed by Bremerton, the past due amounts being entirely the property of Tracyton. 12. All receipts and disbursements, until such time as the conveyance of system as herin is provided, shall be deposited and made through the office of the Kitsap County Treasurer and Auditor, pursuant to statutory requirements. 13. Billings to customers for water service rendered shall be on the first part of the month, immediately following meter readings. 14. During the term of this agreement Bremerton shall per- form a~l necessary and appropriate maintenance and operation functions at no charge to Tracyton. Extensions and new in- stallations shall be made by Bremerton, as requested by Tracy~ ton, at cost plus 15 per cent. Tracyton, however, reserves the ri~ht to order this work done by others, according to standard specifications for municipal public works construction as prepared by the Washington Chapter American Public Works Association 1963 as revised, or equal. Meter installations will be made at a cost as is set forth hereafter,to-wit: (5) 5/8"to 3/4" $100.00 1" 180 . 00 1-1/2" ~00.00 2" 560.00 Taps of sizes larger than two inch shall be charged at actual cost of material, labor and 15 per cent for supervision and overhead. Any permits for crossing state or county roads shall be obtained by Bremerton. The cost thereof shall be paid by customers making requests for meter installations. 15. The agreement between the parties as above set forth shall continue as an intermim agreement between the date hereof and the date of election hereafter set forth. Itl the event of a negative vote upon the proposition of conveyance to Bremerton of the Tracyton distribution system, this interim agreement as above stated shall forthwith cease on the date of certification of the results of said election; provided, however, that the provisions for lease of water line and reducing stations as aforesaid shall remain in full force and effect. Duplicate records of Tracyton shall be by Bremerton forthwith returned to Tracyton in good order and condition. 16. The commissioners of Tracyton agree to submit to the electors of the Tracyton Water District, at either the primary election in September of 1966, or the regular election in November of 1966, a proposition with regard to the conveyance to Bremerton of the water system, pipes and appurtenances, excluding, however, buildings and lands, the said conveyance to be pursuant to contract for future service, maintenance, operation and extension as hereafter outlined. In the event of an affirmative vote as by statute required, the following agreement shall become effective and be executed and carried out by the parties hereto. 17. Tracyton will convey to Bremerton its water system, including pipes and appurtenances, excluding, however, all lands and buildings. Tracyton, in the conveyance to Bremerton, will reserve any and all tools, equipment and any and all pumps and tanks not necessary to the operation of the system. They shall rmatn the property of Tracyton. 18. Tracyton shall transfer to Bremerton its supply of materials on hand, acceptable to Bremerton, as of the conveyance date at cost, ~hJc ~ s~id orlce ~hal] [u; p~.~id by Bremerton. A ~;urcharge ['or '' ~ ~c proruta cost of fire hydrants, standby and maintenanco charge:~ shall be established by Tracyton and billed by ~)rc ~'rt;~n, ii' so ncquc:tod by Tracyton. In additloi~ to supplying st;:~dby water supply ~;::rvice to the fire hydrants connected to Tracytou mains there shall be furnished included in the monthly charg~ hereaft?r specified the service of periodic and as needed maintenance{ of ~: ~ '"'' u~ hydrants. Testing and inspection of said hydrants is expected by the r.arties to be furnished by the fire district having authority at ~he place of location of particular hydrants. In the absence of ,. agreement by the fire district involved to p~orm such function ~ Tr~.~o~, may cause it bo be ~erformed by others on a periodic basis. Copies of tests shall be furnished by the party performing same to Bremerton, Tracyton and the fire district. Failure to perform maintenance as required by said inspections shall cause elimination of the monthly charge for the period that the maintenance is not performed. Bremerton shall furnish to Tracyton or the fire district in whose area the hydrant may be installed according to Tracyton's direction, performance and report forms of the nature currently in use from time to time, such will enable the fire district personnel to make proper reports of malfunction regarding the said hydrants. 20. The hydrant standby supply and maintenance charge hereafter referred to shall not include any charge for any hydrant access to which is on private property or on property which is fenced or enclosed in any manner. ~lydrants so located shall not be serviced except by special arrangement. 21. Bremerton will supply to the present and future customers of Tracyton an adequate water service at appropriate pressure and qualit~ at the meter as long as Bremerton shall maintain a public water supply distribution system. 22. Bremerton shall supply customers of Tracyton through individual meters at monthly rates as hereafter set forth, for minimum of 500. (7) vo 881 cub~[c feet or less of water supplied: [[et~r S~[:~e: [-[inimu~ Charade: 5/8" 'to 3/4" $ 2.50 1" 5.00 c ,~ ? ~ 1-1/2" 6.0~ 2" 8.00 3" 12.00 q" 20.00 6" 30.00 12" 75.00 and in addition for consumption in excess of the above minimums t)~ere shall be char~ed for the next 4,500 cubic feet, 33 cents per hundred cubic feet; for the next 15,000 cubic feet, 27 cents per hundred cubic feet; and in excess of 20,000 cubic feet at the rate of 20 cents per hundred cubic feet. Traeyton will pay to Bremerton $1.35 per hydrant standby charge for ~ater supply service and maintenance to fire hydrants connected to and established on Tracyton water lines. 23. Tracyton reserves the right to establish a s~ecial surcharge over and above the basic charges aforesaid, the same to be the money of Track,ton and to be used for Tracyton purposes, to be varied from time to time accordine to the Tracyton Water Co~aissioners discretion, the same to be collected by Bremerton and remitted to the proper official of Tracyton. 24. The rates aforesaid are rates which are currently established by Bremerton by ordinance for customers being served out of the City limits. The aforesaid rate may be changed by Bremerton by amendment of its ordinance from time to time; provided, however, that the char~es to Tracyton customers shall not be increased or decreased except in the same amount as, or directly in proportion to any change in water rate charged to customers of Bremerton residing within the City limits. 25. Rates for services not specifically covered :by this agreement shall be as a~reed between the parties hereto. 26. The rates above set forth shall be applicable for each meter installation; provided, however, that where two or more separately occupied buildings are under separate ownership, management or control (8) vo,88 1 and a~'e bein~ served through one mcter, the minimum rate for each such buildinq shall be $2.50 per month for basic quantity of 500 cubic feet ~er month per building, with water in excess of said amount per unit ~er monti~ to be char~ed for at the excess rates above set forth. 27. ~gbere two or more units of occupancy, whether by business or dwelling units, are under a single roof or single ownership or custody or control, and are supplied through a single meter, a single minimum rate for service to said premises in accordance with the size of meter as aforesaid, and for excess as aforesaid, shall be applicable. 28. Durin5 such periods as sprinkling rates for irrigation shall be established by Bremerton for its customers within the City a special rate for sprinkling or irrigating shall be available to Tracyton customers, which rates shall be $5.00 per 2,500 cubic feet or less per month, with the excess being charged at 25 cents per hundred cubic feet. 29. The said summer sprinkling rates aforesaid shall be subject to chanqe by Bremerton by amendment to its ordinance; provided that the limitation on increase or decrease by a percentage of in-the-city customer rate as aforesaid shall similarly apply. 30. The Tracyton's fire district, or such other fire district as may have jurisdiction at the site of location, shall be entitled to install and maintain and connect to the water mains involved the fire hydrants which such fire district may select, and thereafter same shall come under applicable provisions hereof, the fire district to be entitled to make installation of said hydrants at locations it selects, the City, however, to make connections to the main at cost plus 15 per cent. 31. Bremerton shall maintain the water meters in good state of repair as a part of normal maintenance operation and so as to guarantee the accuracy thereof. Bremerton will test on rgquest of a customer by ~n approved method any customer's meter, and if found to be in error, three per cent or greater in the City's favor shall make such~ (9) vo .881 te~t and necessary repair and reinstallation at Bremerton's expense, oti~erwi~e the cost of testin~ shall be borne by the customer at Bre~serton's cost plus 15 per cent. 32. ~ena]ties for late char~es in ~avment of water bills or meter in~tallations or costs of water main installation, i.e., front foota~e fee for ~ermission to connect, shall be as established by ~remerton from time to time. This said penalty collected by Bremerton shell b~lon~ to ~remerton in compensation for its services rendered in collection procedures; provided, however, the said penalty, charges for delinquency and the delinquent charge itself may be transferred to Tracyton for its enforcement of so much of said penalty and delin<~.uancy c~arses as it is empowered to enforce by statute, the ~©unt collected after deducting expenses of so doing to be paid by Tracyton to Eremerton. 33. Excessive registration of water consumption caused by broken or leskins under~round water service pipe on customer's premises, or connectin~ to said premises, when without the knowledqe or fault of the customer, shall be adjusted during any perio~ of twelve months but after makinq repairs. The basis for adjustment shall be the normal consumption aDpropriate to said premises under similar operatin~ conditions. 34. Whenever necessary to interrupt service to supply Bremerton shall eive notice a reasonable time in advance by publication in a newspaper of ~eneral circulation in the area, so as to avoid !inconvenience to customers or injury to customers property. This notice requirement shall not be applicable in emergency breakdown situations. 35. Bremerton shall not serve any customers except as a oustomer of Tracyton in an area described as follows: Ail within existing boundary of Tracyton upon the date hereof and also that area lying South of a line commencing at the intersection of Barker Creek and Tracyton Beach Road, thence southeasterly to the quarter section corner common to Sections 22 and 27 Township 25 N. Kg. 1E, WM; thence southerly along the North-South centerline of Section 27 to Hewitt Road, thence southeasterly to NE corner of the SE 1/4 of SE 1/4, · Section 27'~ T~wnship '~ N., R1E, WM., thence Sou!'"to Tra~yton boundary. 36. Any extensions of the water mains conveyed to Bremerton and with- in the boundaries heretofore defined shall be as ordered by Tracyton, in- stallation thereof to be performed by Bremerton work force with materials provided by Tracyton; provided, however, Tracyton may elect to cause same to be installed by others, provided such installation shall be of standard materials and laid according to specifications generally applicable and applied by Bremerton. Cost of labor and materials to be borne by Tracyton. 37. The parties acknowledge that heretofore arrangements with private individuals have been made by Tracyton, whereby such individuals have installed water mains at their own expense and conveyed same to Tracyton under agreement to the effect that additional extra charges will be made to persons thereafter connecting to such installed mains over and above the usual connection charge; that this excess charge is to be disbursed to the private individual making the installation. Tracyton will inform Bremerton as to the circumstances involved in such situations, and Bremerton thereafter will, before making connection, collect the approp- riate monies in compliance with such agreements. 38. Bremerton shall maintain adequate records as to the properties paying costs of installations so that a proper account and status of payment for main installations shall be readily available and determinable. 39. Records as to the financial transactions had with customers being served through the Tracyton mains and extensions thereof shall be maintained. 40. All monies hereafter paid by property owners for costs of main installation within the above described Tracyton District and area i.e., front footage fee for permission to connect, whether such installation was heretofore or is hereafter made, shall be the property of Tracyton, with the exception of the main installed on Sandra Lane and Vena Avenue by Bremerton heretofore. 41. The records maintained by Bremerton with regard to supply of water to Tracyton customers, billings, meter installations, engineering data and records, water main installation and charges, contributions and payments by properties and property owners for main installation, shall (ll) be so mainta[~ed as to bc sc~iret!;ated fz'om the general records of the ~' . . 1~, se shall be avuilable at all reasonable and ~u'o[~er times to the appropriate authorities of Tracyton for examination In the event o(' the annexation of any portJ, on of Tracyton to taz,~ agreement shall J,r~merton so as to become a part thereof, then ' '~ have ~o further force or effect as to the customers served in the annex- ed area, or as to the mains therein installed with the provision that thereafter at no expense to Tracyton, Bremerton shall maintain and keep in operating condition any main in the annexed area whose function it is to provide seFvice to other areas in Tracyton not so annexed. 43. 'Phis contract shall terminate in the event that Bremerton or its successor in interest shall cease to maintain a public water su~?ly distribution system, and or upon such termination there shall~ be a reconveyance by Oremerton, or its successor, to Tracyton of all of Tracyton's water mains, extensions or replacements thereof, not within the City of Bremerton, said reconveyance to be unto such body~ person, persons or entity as may be designated by Tracyton,or its successor; provided further, that in the event of such recon- veyance after a portion of Tracyton has been annexed by Bremerton, there shall be continued use of mains through the annexed area where _ necessary to provide supply to portions of Tracyton not annexed. 44. Bremerton shall accept respono~b~l~ y for all obligations existin'i, ap~roved, or hereafter accruing with regard to existing water main installation, and shall honor and pez'form the agreements raade between Tracyton and individuals with regard to installation of water mains, the payment therefor, and the reimbursement thereof. (12) vo _881 45. In the event of disagreement with regard to interpretation of the a~reement or the arising of matters or disputes or circum- stances not covered by this agreement, the parties hereto agree that the same shall be arbitrated, the said arbitration to be performed by a board of three arbitrators, one selected by each of the parties herto, the third, who shall be the Chairman, to be selected by the arbitrators so chosen, selection by each party of its arbitrator to be made within twenty days of notice in writing from the other party, which arbitrators shall within ten days select the third. In the event of failure to select the entire Board of Arbitrators witin thirty days after notice, or in the event of failure of the arbitrators within thirty days from their selection to conclude their arbitration, or if either party is dissatified with the arbitration result, it may thereafter commence action in the Superior Court of Kitsap County to determine the matters in dispute, including determination of matters not specifically agreed to herein, the parties hereto hereby conferring upon the said court the power to make such determination. 46. In addition to other remedies provided by law ~¢~ p~rty shall be entitled to mandatory injunction to enforce the provisions thereof. THIS AGREEMENT EXECUTED in triplicate this~y~day of June, 1966. CITY OF BREMERTON A Glenn K. ~rstad, mayor Attest: by Tracyton Water Dfstr~ct Commissioners -- Interim ~ergency: Bremerton to Supply: 1. Increased water thru 8" main & Pressure reducing station 2. Meter reading & billing service 3. Maintain & se;~,lce Tracyton's main~ & laterals at rates herein set forth & when requested extend Tracyton's & laterals at Tracyton's cost, until election on convey- ance to City. h. Contract for rates a seA-,Ace to be provide~ 5. Agree if election fai~AS, parties relegated to former positions, except as to mainm & reducing stmtiom. ,/Agreement: 1. Bremerton will install 8" pipe to Tracyton mains 2. " " " pressure reducing station 3. " assumes responsibility for above. h. " will install & ~Apply above. 5. " will lease above installation to Tracyton, to continue until convey- ed by electors to Bremerton or until "lease consideration" of $ is paid in full $ $125.OO mo. beg. 30 da. folg. rejection by voters. Lease may be pre- paid with % discount on unpaid bal. When paid in i~ll, Tracyton will own. If system transferred to B~emerton~ no further obligation on Tracyton's parS. 6. No hookups or connections on pipeline "thus installed" except under auspiCes of Tracyton, & Tracyton to determine front f~tage charge in addn. to reg~!~r cormec- tion charge. Footage charge to be remitted to Bremerton and credited to rental "as herein reserved"e 7. Until conveyance, mains in Tracyton r~mnin property of Tracyton, except leased ~in, and main on Sandra Lane a~g ~ena Street which remains Bremertonls. Cust- omers on Vema and Sandra Lane shall be Brem~rSon's 8. C~astruction shall commence forthwith and be completed in ~O ~ays. Workmanlike magneto 9. Starting 6/27/~5 Bremerton to read meters, comDute cherges~ bill & receipt f~r same. Tracyton to b~ to 7/1/66 & assist Bremerton in determining approp- riate future billing. Starting 7/1/66 Bremerton to bill Tracyton customers at ~.50 mo. for rain ~60 cu. ft. & 33~ per hundred on excess. - to be bi,monthly. Tracyton to pay Bremerton $2.50 per 500 c.f. & 335 per 100 c.f. in excess. Summer rates: Tracyton customers - $5.50 per mo for 2500 c.f. & 255 per 100 c.f. on excess. Tracyton to pay city $5.00 per mo for 2500 c.f. & 255 per 100 c.f. on excess. First billing pro-rsted. Billing prior to completion at previous rate. 10. Money is property of T~,acyton until payment by Tracyton to Bremerton, which payment shall be due inm~diately upon ~ propor~ accounting. Records shall be property of Tracyton and shall have access to same & copies if desired. !1. Past due accts, to be billed by Bremerton & be entirely property of Tracyto~ 12. Receipts & disbursements thru Co. Treas. & Co. Auditce~. 13. Billings to Be let part of Mo. immediately following meter readings. lb. Br~merton to maintain & operate s~em at its expense. Ertensions & new in- stallations sBall be made by Bremerton, at Tracyton's request, at cost plus 1~%. Tracy~on reserves right to have work done by others. Meter installations to he charge~ as per schedule to 2". Over 2" at cost plus 1~$. Permits for ~ crossing C.o. or State roads to be obtained by Bremerton & charged to customers. ~15. This intermm agreement until election. If election negative, agreement ceases ~-~ ~ except for lease of water line & reducing station. Duplicate rscords of Tra- to be ret to r= on. /16. ~ropositian to voters of Tracyton in Sept. or Nov. on conveyance of system, except buildings & land, pursuant to contract for future service, as hereafter set forth. 17. Tracyton to convey system to Bremerton, ex. land & buildings, and tools, equip- merit, pu~ps & tanks not necessary to operation of system. 18.Materials on hand to Br~rton at cost· 19. Hy~lrant cost established by Tracyton & billed by Bre~l~on. Maintained by Bremertom. Testing & inspection of hydrants by Fire District or others. Copies to Bremerton, Traoyton & Fire District. If maintenance not done as required by inspection, monthly charge eliminated during such period. Report for~ to be furnished by Bremerton. 20. No s~ply of w~ter or maintenance of hydrants on private property or where en- clesed ~or fenced, except by special arrar~em~nt. ~1.Bremerton to supply w~ter as l~g as in water distribution business. 22. Water Rates: 500 c.f. rain & as per schedule, and charge for excess. Tracytcn to pay Bremerton 1.35 ~ h~rant standby. 23.Tracyton reserves righ~ to establish surcharge, to be remitted by Bremerton to  proper officer of Tracy~n. 24. Rates ~ as other custo~rs outside city. No increase or decrease to Tracyton customers ezcept in same amount as, or directly in proportion to, change in · ~ rate in city. ~ 25. Rates for ot~r services to ~ 25. Tw~ or more buildings on one meter - separate minimums. 27. Multiple units ~ under single roof, ownership or control, one m~nimam. 28. Sp~imkling ~ates. ~ 29. Sprinkling rat~s - change. Same as 24. 30. F~re Districts have right to have hydrants installed by Bremerton at cost plns 32. Penalty for late payments, etc. Tracyton may enforce & be paid by Bremerton. 33. E~seseive consumption, due to broken pipe without owners knowledge - adjusted. 34. Notice to be given of s~t-~ff, except i~ emergency.  35. Ail customers served to be Tracyton customers in described area. 35. Main extensions to be ordered by Tracyton. Don by Bremerton, or others, at Tracyton expense. 37. Bremerton to fulfill special agreements heretofore made by Tracyton. 38. Bremerton to maintain accounts on payments of installation costs. 39. Records - Tracyton Customers. 40. Charges for main installations heretofore or hereafter made are property of Tracyton, except for main on Sandra Lane & Ve~a Ave. 41. Br~merton records of Tracyton to be segregated from other records· 42. Annexation of portion of Tracyton - agreement of no further force & effect in such portion, except any supply lines to Tracyton in annexed area to he main- 4 43. Provisions for termination of agreement & reconveysnce of system. 44. Bre~rton has responsibility for existing obligations & agreements of Tracytc~. 25. Arbitration & court action on disagreement. · Mandatory injunction by either party to enforce provisions. AGREEMENT THIS AGREEMENT, made this 8th day of June, 1960, by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter called the "City" and the Tracyton Water District, a municipal corporation of the State of Washington, here- inafter called 'District." WITNESS ET H: W~R. REAS, the City is the owner and operator of a water system in the County of Kitsap, State of Washington, and has a supply of water in excess of its public utility service obligation and is willing to sell said excess water from its mains to the District, and WW~.R~AS, the District desires to obtain additional sources of water supply to supplement water resources which it has developed, and the City is willing to furnish said supplemental requirements of the District subject to the terms, conditions, and limitations set forth, and W~R~AS, it is the ultimate desire of the District to obtain all of its water from the City; now, therefore, THE PARTIES AGREE AS FOLLOWS: 1. The City agrees to sell and deliver to the District, and the District agrees to purchase and receive from the City, all water necessary to supplement the District's existing water supply. 2. This contract will take effect the day water is first delivered to the District and shall continue for a term of five (5) years unless in the meantime the District pays off its bonded indebtedness in full. Upon the happening of either event, the District agrees to purchase its entire supply of water from the City of Bremerton. 3. Upon the happening of the event as described in Para- graph 2 hereof, the rates to be charged the District shall be governed by the ordinances of the City of Bremerton in force and effect, at that time, which determine rates, service charges, con- nection charges, etc.; and the rates to the said District shall be changed from time to time by the amendment of said ordinance by the City of Bremerton. 4. Permanent connection to the water mains of the City of Bremerton shall be made by the District at its expense. 5. The City agrees that, at its expense, it shall pro- cure, furnish, install, operate, and maintain all facilities, rights of way, and easements required to furnish service hereunder to, and measure such charges as of, the point of delivery. The point of delivery shall be in the newly constructed road known as J. R. Smith Road at a point approximately nine hundred (900) feet due east of the District's storage reservoir 6. Ail water furnished by the City shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, calibrated, and read by the City at its expense. 7. The District, at its expense, shall procure, furnish, install, operate, and maintain all facilities, rights of way, and easements required to receive, apply, and utilize the water delivered thereunder and shall install, at its 'own expense, the necessary mains from the point of delivery, including automatic water tank filling devices. 8. The City, as far as practicable, shall read the meter on the last day of each month and shall forthwith ball the District, -2- which shall, in turn, make payment not later than the 10th day of the succeeding month. 9. The District shall pay to the City, for the delivery of the supplemental supply of water, Seventy-five cents (75¢) per month per consumer or Twenty-five cents (25¢) per One Hundred (100) cubic feet per month, whichever amount is the greater. The District further agrees to certify on the 1st of each and every month the number of consumers within its district. 10. The District further agrees to consume not less than Seven Thousand (7,000) cubic feet of water per month for the purpose of maintaining water purity and potability. 11. Ail water purchased and delivered hereunder may be used or resold by the District for whatsoever purpose it deems fit or proper within said District. 12. It is further agreed that the City shall provide an adequate supply of water to said District if and when it makes a permanent connection to the water main of the City as long as the City has a supply of water in excess of its public utility service obligation. THIS AGREEMENT EXECUTED in duplicate the day and year first written. CITY OF BREMERTON, a municipal corporat ion ATTEST: E. H. T. McG~AN,~ City Clerk TRACYTON WATER DISTRICT, a municipal corporation