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Home My WebLink About3264 RESOLUTION NO. 3264 A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the transfer of any interests and liabilities in the assets of Cencom from the City of Bremerton to Kitsap County for the reorganization and re-establishment of " Cencom as a separate Iegal entity. WHEREAS, since 1991 certain governmental entities in Kitsap County have been a party("Parties") to an interlocal agreement establishing a joint board, known as "Cencom" providing for the joint and cooperative provision of emergency communications services to citizens within the Parties' respective jurisdictions; and WHEREAS, since 1991, and subject to the oversight and consent of the Parties, the Cencom 911 Policy Board was the overall governing authority of the joint and cooperative undertaking, establishing policy, systems, and programs for Cencom's operations, developing Cencom's annual budget, funding, and cost share distribution, and determining staffing levels and supervising the CENCOM director; and WHEREAS, since 1991, Kitsap County has served as the administrator for the Cencom joint board, equipping, operating, staffing, and maintaining facilities necessary to provide 9] 1 communication services, issuing Limited Tax General Obligation Bonds to finance and refinance construct, equip, acquire, and improve 911 facilities and systems in furtherance of the joint and cooperative undertaking; and WHEREAS, the Parties desire to continue to provide a county-wide operation of 911 dispatch services by reorganizing and re-establishing Cencom as a separate legal entity established as a public authority pursuant to the provisions of RCW 35.21.730 through RCW 35.21.759, changing the name of the new organization from Cencom to Kitsap 91 l, and transferring all of the administrative functions heretofore performed by Kitsap County to Kitsap 911; and WHEREAS, since 1991, the Parties have invested public funds and have incurred liabilities for the benefit of Cencom. Such funds and liabilities have been used to acquire necessary property, real and personal, and incur liabilities for the operation of Cencom. As the Administrator for Cencom, all properties and liabilities are currently held by Kitsap County for the benefit of the Parties for the operation of Cencom; and WHEREAS, in order to organize and re-establish Cencom as a public authority, all the Parties desire to release and transfer any and all interests and liabilities they have in those assets held by Kitsap County on behalf of Cencom to Kitsap County so that Kitsap County can transfer all interests and liabilities of the Parties, including those of Kitsap County, to the new organization upon its creation; and 1 Transfer of Interest in Cencom WHEREAS, the Parties desire to make provision for all liabilities currently existing or the occurrence of which arise prior to the date Kitsap 911 is established; and WHEREAS, the transfer of all such interests and liabilities of the Parties to Kitsap 911 upon its creation is in the best interest of the Parties; and WHEREAS, on March 4, 2016, public notice of the hearing was published and a news release of the hearing was disseminated pursuant to RCW 39.33.0?0; and WHEREAS, on March 16, 2016 the City Council conducted a public hearing with proper notice pursuant to RCW 39.33.020 and considered all testimony prior to their decision; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. SECTION 2. Pursuant to Chapter 39.33 RCW, the City Council hereby declares as surplus any interest the City of Bremerton has in any property including, but not limited to, real property, personal property, contracts, the property specifically identified in Exhibit A, or any other property that is currently held by Kitsap County for the operation of Cencom. SECTION 3. The City of Bremerton hereby releases and transfers to Kitsap County any and all interest it has in those assets identified in Section 2 above held by Kitsap County on behalf of Cencom and further, releases and transfers any and all liabilities it has in those assets currently existing or which arise prior to the date Kitsap 911 is established, so that Kitsap County can transfer all interests and liabilities of the Parties, including those of Kitsap County, to Kitsap 911 upon its creation. This release and transfer of interest is conditioned and shall be effective upon the following: 1) Kitsap County passing an ordinance creating a public authority pursuant to the provisions of RCW 35.21.730 through RCW 35.21.759 establishing Kitsap 911; and 2) Kitsap County transferring, and Kitsap 911 accepting, any and all interest and liabilities Ititsap County has, including the interest and liabilities of the Parties released and transferred by resolution, in the assets of Cencom to Kitsap 911 upon its establishment pursuant to the provisions of RCW 35.21.747. This resolution only releases interest the City has, if any, in any property identified in Exhibit A, or any other property, real or personal identified elsewhere as being held by Kitsap County or Cencom, for the operation of Cencom. This resolution expressly does not release or transfer to Kitsap County the City's interest in any real or personal property, whether identified or not in Exhibit A, that the City of Bremerton owns, leases or otherwise has title to, whether or not the property is used for the operation of Cencom. 2 Transfer of Interest in Cencom SECTION 4. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage.� PASSED by the City Council of the City of emerton, Washington this 16th day of March, 2016. �L� t� ERIC YO NGE C ncil President APPROVED AS TO FORM: ATTEST: RO R A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R•\Lcgal\Legal\Files\Current Active Files\Kitsap 91 I`�,Resolution-Transferof Asscts in Cencom-Bremerton-Final.doc 3 Transfer nf'Interest in Cencon: EXHIBIT A Kitsap County CENCOM Property Site Name Coordinates Cencom Owner Address (NAD83) Property * Owner of property identified as follows: Tower -standard type Buildin -underlined Real Pro ert -italicized CENCOM Facility 47-33-18.92 CENCOM Facility. CENCOM 911 Carver Street 122-40-51.52 Building, Tower, and Bremerton, WA Equipment. CENCOM Kitsap County Estimated value $10,883,756 Sfate of Washington NDGC Location Equipment Only City of Bremerton 345 6'h Street Bremerton, WA 98337 Citv of Bremerton Kitsap County City of Bremerton Votin Receivers Capital Hill Equipment Only City of Bremerton 6�h Street/Times Ave (Cabinet) Bremerton, WA 98312 N/A Kitsap County City of Bremerton Votin Receivers Cultas Bay 47-58-26.3 Equipment Only ICOM 6496 Cultas Bay 122-31-21.5 Clinton, WA ICOM Island County South Whidbe Fire East 30 47-35-26.31 We only have US West New Vector 3027 Olympus Drive 122-37-11.77 equipment at this Bremerton, WA location. Estimated Citv of Bremerton � Kitsap County Value $557,149 Cit of Bremerton Gold Mountain—90 Ft 47-32-57.0 Tower and CENCOM Microwave Tower 122-47-08. Equipment. Estimated Value N/A $334,289 DNR Gold Mountain—260 Ft 47-32-55.8 122- Tower, Equipment, CENCOM IlAain Tower 47-08.1 and Building 1686 Minard Road West Estimated Value CENCOM Bremerton , WA $2,228,597 Kitsap County DNR *All real property used by CENCOM is leased or accessed by other agreement. All towers not owned by CENCOM are leased or accessed by other agreement. All equipment&furnishings are owned by CENCOM. Pa e 1 of 3 EXHIBIT A Kitsap County CENCOM Property Site Name Coordinates Cencom Owner Address (NAD83) Property * Owner of property identified as follows: Tower -standard type Buildin -underlined Real Propert -italicized Kingston 47-48-30.4 We only have American Tower 27055 Ohio Avenue 121-29-36.4 equipment at this Kingston, WA location. Estimated NW Laborers TraininQ Trust Kitsap County Value $228,860 NW Laborers Training Trust Kitsap County Courthouse We only have CENCOM 614 Division St equipment at this Port Orchard, WA 98366 location Kitsap Countv Kitsap County Kitsap Count Lincoln Hill 47-44-45.55 Building and City of Poulsbo PW 20230 Pugh Road NE 122-37-11.64 Equipment Poulsbo, WA Estimated Value CENCOM Kitsap County $445,719 City of Poulsbo Mandus Olson 47-39-21.81 Equipment Only. Bainbridge Island Fire Dept East of Mandus Olson Road 122-32-50.11 Estimated value NE $334,289 BainbridQe Island Fire Dept South of NE Koura Road Bainbridge Island, WA Bainbridge Island School Kitsap County District Newberry Hill 47-38-17.51 Building and Central Kitsap School District 8115 Dickey Road 122-43-32.12 Equipment$557,149 Silverdale, WA CENCOM Kitsap County Silverdale Water Disfrict Orchard Heights 47-31-55.32 Tower, Building, and CENCOM 1826 Fircrest Drive SE 122-35-59.83 Equipment Port Orchard, WA $1,114,298 CENCOM Kitsap County South Kifsap Fire & Rescue Purdy 47-23-27.0 Building and Pierce County Transit Purdy Transfer Station 122-36-29.0 Equipment. 14515 54th Avenue N.W. Estimated Value CENCOM Purdy, WA $557,149 Pierce Count Pierce Count PW 'All real property used by CENCOM is leased or accessed by other agreement. All towers not owned by CENCOM are leased or accessed by other agreement. All equipment&furnishings are owned by CENCOM. Pa e2of3 EXHIBIT A Kitsap County CENCOM Property Site Name Coordinates Cencom Owner Address (NAD83) ProPerty* Owner of property identified as follows: Tower -standard type Buildin -underlined Real Propert -italicized Simon Point 47-35-15.0 Tower and Building CENCOM 2400 Tahuyeh Lake Rd NW 122-49-6.0 Bremerton,WA 98312 � CENCOM Kitsap County DNR Suquamish 47-45-35.09 Equipment Only Suquamish Tribe 22063 Dewberry Rd NE 122-31.03.62 Estimated Value Indianola, WA 98342 $557,149 CENCOM Kitsap County Suquamish Tribe Teal Lake 47-54.02.10 Tower, Building, and CENCOM 1057 Teal Lake Road 122-40-13.65 Equipment. Port Ludlow, WA Estimated Value CENCOM Jefferson County $1,114,298 Olympic Resources View Park 47-28-49.0 Equipment only Global Tower Partners 8869 SE View Park Road 122-32-02.0 Estimated Value Port Orchard, WA $334,289 Global Tower Partners Kitsap County Global Tower Partners Revenue Leases US Coast Guard Rescue 21- KC-264-OS (Gold Mountain Tower) US Coast Guard KC-485-03 (Gold Mountain Tower) US Navy Spawar KC-150-07 (Gold Mountain Tower) US Navy ELMR KC-201-07 (Gold Mountain Tower) US State Department KC-358-06 (Gold Mountain Tower) CLEARWIRE/Sprint KC-118-09 (Gold Mountain Tower) Kitsap Transit KC-117-09 (Gold Mountain Tower) ' Jefferson County 911 KC-160-07 (Teal Lake Tower) T-Mobile KC-160-07 (Orchard Heights Tower) South Kitsap School District KC-229-13 (Orchard Heights Tower) Qwest Corporation KC-423-07 (Gold Mountain Tower) Verizon Wireless KC-141-12 (Simon Point Tower) - Harrison Hospital KC-248-12 (CENCOM Facility) *All real property used by CENCOM is leased or accessed by other agreement. All towers not owned by CENCOM are leased or accessed by other agreement. All equipment 8 furnishings are owned by CENCOM. Pa e3of3 AFFIDAVIT OF PUBLICATION Account#342]33 AD#963362 . STATE OF WASHINGTON COUNTY OF KITSAP I,Nora Russell,being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton,Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time,was printed in an office maintained in the aforesaid place of publication of said newspaper;that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date,to wit: And on March 4, 2016 such newspaper was regularly disfibuted to its subscribers during all of said period.The full amount of the fee charged for the foregoing publication is the sum of$370.50. This amount has not been paid in full. �il� r (Sig ture of Principal Clerk) Subscribed and sworn to before me this day of Apri121, 2016. �� ^ Notary Public State of Washington TISHA SULLIVAN My Appointment Expires Aug 4, 2018 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Bremerton has fixed March 16, 2016 at 5:30 PM in the Meeting Chamber on the first floor of the Norm Dicks Government Center located at 345 6th Street, Bremerton, WA as the time and place for the public hearing to adopt Resolution No. 3264 authorizing the transfer of any interests and liabilities in the assets of Cencom from the City of Bremerton to Kitsap County for the reorganization and re-establishment of Cencom as a arate le al entit . se p 9 Y - A copy of the resolution is available to any citizen at the City Clerk's Office located in the Norm Dicks Government Center, 345 6th Street, Suite ;. 600, Bremerton, WA or on our website � at www.bremertonwa.gov. All interested � �? citizens may appear at the public hearing and be heard for or against the resolution. � �' ' • �