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Home My WebLink About5306 ORDINANCE NO. 5306 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 15.03.040 of the Bremerton Municipal Code entitled "Service Beyond City Limits." WHEREAS, the City Council desires to amend Section 15.03.040 of the Bremerton Municipal Code relating to the extension of wastewater utilities outside the City limits of the City of Bremerton; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.03.040 of the Bremerton Municipal Code entitled "Service Beyond City Limits" is hereby amended to read as follows: 15.03.040 SERVICE BEYOND CITY LIMITS /.,\ !_..�.,+:,.,.+,. +t.o!�;*..„�'u..o,.,o,.t,�,� ., 1;,,..:rv.a « ..F��-►.,,�.,o.,r�, ; ,.1„ao ..�� ..++„ .,+;,. „F+L.v o,.t. �.-t,.F.. ..+:.. .,F;,.*o„+.� e+:+; � e 1..« .,«.7 .ao.>ol.,....,o„+ ��„«.a„«.a� �..+l,o,.,-.,..o,-►., �.a.,«+o.7 ,,. „�+., U!''\x7 2C 1'2 1^7'7 4�«.,v... � l.,l !'...,�:�rv�.......,:+1, �.�.,.,�oa !'';*.,.,«.a;.,�....o� �,�.a ,��.1;,.:0� F«..o... C f�bL@�A�f.'k3� !a� �� +o ;��. +�,o .,a,,,.*oa �:* .,+o .,Fo � o�,a ..1„ �a C�� .,...,..,�.,..��' ...... ..... .....,t,..,.. .., ,.� ..�.,..,......,. .,.,:::t,:'.._..,__�-•�r----- ------ (a) General Policv. It is the eg neral policv of the Citv of Bremerton that properties located outside the Citv limits annex into the City before wastewater utilitv services are provided to those properties. For the purpose of this section, "service"means extensions of and/or service connections to City wastewater utilities to propertv located outside City limits. "Extension" means to modifv, expand, or extend the existing Citv wastewater infrastructure such as sewer mains and related appurtenances. This policv does not applv to water utilities. Excentions to this policv are set forth in Subsection(b) below. �b) Exceptions. In cases where an owner of propertv located outside the Citv limits requests extension of utilitv service, the Citv Council mav, in its sole and absolute discretion, provide wastewater utilitv services to those properties if the propertv owner executes an outside utilitv agreement�ursuant to the provisions set forth in Subsection(d)below and: �,1) Annexation not Feasible. In cases where the Citv Council determines that annexation of a propertv located within the Citv's urban �rowth area is not currently feasible; or �) Failed Svstems. In cases where an existin�septic svstem servin�propertv has failed, and 1 Wastewater Utiliry Services Outside City Limits (i) the local health official certifies that an existin�septic system has failed and is phvsicallv incapable of bein�repaired or replaced in a manner meetin�apnlicable health standards; and �iil connection is shown to be necessarv to protect basic public health and safetv and the environment; and (iii) for propertv located outside an urban growth area, the utilitv services provided by the connection are financially sustainable at rural densities and do not permit urban development pursuant to RCW 36.70A.110(4L (3) Other Circumstances. In any other circumstances where the Citv Council determines at its sole and absolute discretion that it is necessarv or appropriate to allow the provision of wastewater utilitv service. �c) Existin�Utilities. Nothin�in this section is intended to abro�ate anv existin� wastewater utilit�svstems currentiv in existence outside the City limits. The Citv does not intend to terminate anv wastewater utilitv service outside the Citv limits that is in existence as of the effective date of the ordinance codif�nn�this section. For purposes of this chapter, "in existence" means the�ropertv is currently receivin�utilitv service and/or has a fullv si�ned, valid Cit r�ut�ilitv service a�reement. However the City will not provide new wastewater utilitv services to propertv from existin�wastewater utilities located outside the Citv limits except: (11 as provided in Section(b) above; or (2) a new service connection to a sin l�e parcel of propertv from a frontin� sewer main pursuant to BMC I S 03.080 that does not modi expand, or extend the Citv's wastewater utilitv infrastructure such as sewer mains and related appurtenances; or (3)new utility services from an existing Citv wastewater utility svstem as established bv a local improvement district(LID) to propertv that is subject to the LID; To receive anv of these new services the propert�owner must execute an a�reement pursuant to the provisions set forth in Subsection(d)below. The Director of Public Works and Utilities is authorized to approve utilitv servicepursuant to Subsections (c)(2) and(3). (d) Outside Utilitv A�reement. In the event that the Citv Council determines, pursuant to Section(b) above to provide wastewater utilitv services bevond the Citv limits, the owner of the propertv for which service is authorized must execute an outside utilitv a�reement with the CitXnrovidin�for the owner�rantin�to the City of Bremerton a limited nower of attornev to include owner's consent to annexation of the propert�part of anv notice of intent or petition for annexation�resented to the City of Bremerton; (e) The Director of Public Works and Utilities, shall review the apnlication for services and forward the same together with the director's recommendation, to the Citv Council for review and determination under Section(b) above. SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. 2 Wastewater Utility Services Outside City Limits PASSED by the City Council the �� day of , 2016 . ERIC YOLJN , Cou il resident � Approved this !7 �day of " � , 2016 PATTY LE , Mayor ATTEST: �_ APPROVED AS TO FORM: , �. SHANNON CORIN, City Clerk RO ER A. LUBOVICH, City Attorney PUBLISHED the �3 r� day of , 2016 EFFECTNE the�— day of �,Q ll� , 2016 ORDINANCE N��p R:\Legal\Legal\P�les\Current Active F�les\Annexation-Gcnerally\Util�ty Extensions Outs�de City\BMC 15.03.040 Utility Extensions(8-12- 16).docx 3 Wastewater Utiliry Services Outside City Limits AFFIDAVIT OF PUBLICATION Account#342133 AD#1232290 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull, 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 SLTN; 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 publi- cation 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 August 23, 2016 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of$49.40. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 23, 2016. � �c`� . Notary Public State of Washington TISHA SIr.LIVAN My Appointment Expires Aug 4,2018 ORDINANCE NO.5306 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 13.03.040 of the Bremerton Munici- pal Code entitled "Service Beyond City Limits:' PASSED by the City Council on the llth day of August,2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. AUG.23,2016 AD#1232290