HomeMy WebLinkAbout3331RESOLUTION NO.3331
A RESOLUTION of the City Council of the City of
Bremerton, Washington, acknowledging the expiration of the
Water Service Agreement with the Rocky Point Water District No.
12, and authorizing the City to provide water service to new
customers in Rocky Point.
WHEREAS, the City and Rocicy Point Water District #12 (District) executed the
"Agreement for Furnishing Water and Services to Rocky Point Water District by the City of
Bremerton" (Agreement) on May 20, 2010; and
WHEREAS, on March 16, 2020 the Washington State Department of Health
(DOH) reconsidered the status of the District, and established August 31, 2020 as the date to
incorporate the District's service area into the City's service area under Chapter 246-290 WAC;
and
WHEREAS, on August 31, 2020 the Rocky Point Water S, sx tem ceased to exist,
and its service area was fully incorporated into the City's service area; and
WHEREAS, while the Rocky Point Water System no longer exists, the Rocky
Point Water District is a separate legal entity that must be dissolved under a separate procedure
by Kitsap County; and
WHEREAS, Section 2 of the Agreement includes financial obligations of both the
City and the District related to surcharge fees and annual billing that should remain in place until
the formal dissolution of the District; and
WHEREAS, paragraph 7(h) of the Agreement established an expiration date of
June 30, 2015 unless reviewed and extended by the parties; and
WHEREAS, the City has made numerous unsuccessful attempts to communicate
with the District since at least 2014 to update the Agreement; and
WHEREAS, paragraph 5(b) and 5(e) of the Agreement require potential
customers requesting new water connections to pay the District a front footage fee and obtain a
written Authorization to Connect from the District before the City may collect fees and charges
and connect the new customer to the Water System; and
WHEREAS, potential customers in the Rocky Point area are unable to pay the
front footage fee to the District and obtain the Authorization to Connect since the District is
effectively non-existent resulting in the inability of the City to sell water service; and
Expiration of City /Rocky Point Water Service Agreement —Resolution
WHEREAS, the former Rocky Point Water System is now part of City Water
System and the City desires to provide potential new customers water service within the former
Rocky Point Service area; now therefore
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS.
SECTION 1. The findings set forth in the recitals above are hereby adopted.
SECTION2. The Agreement between the City and the Rocky Point Water
District No. 12 dated May 20, 2010 is expired.
SECTION 3. The City will continue to abide by the provisions of the expired
Agreement with the exception of Section 5 New Water Connections. New potential customers
within the former District service area will be served using the same terms and conditions as
other Kitsap County residents outside the City limits served by the City water system with the
exception of a requirement to execute the indemnification agreement attached as Exhibit A. The
purpose of the indemnification agreement is to ensure the City does not become liable for any
costs (front footage fees or other) that may be determined during the dissolution of the District.
SECTION4. The Director of Public Works &Utilities, or designee, is
authorized to establish procedures necessary to provide water service to customers within the
former Rocky Point Water System service area.
SECTION S. Severability. If any one or more sections, subsections, or
sentences of this Resolution are new 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 6. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of
APPROVED AS TO FORM:
Washington this
ERIC YOUI'QGER,�'ouncil President
ATTEST:
ROGER A. LUBOVICH, City Attorney ANGEL�OOVER, City Clerk
Expiration of City /Rocky Point Water Service Agreement — Resolution
Rocky Point New Water Customer
Indemnification and Acknowledgment of Conditions
Purpose: This form must be filled out and submitted prior to the City of Bremerton (City) provng a new water
connection to customers located within the Rocky Point Water District No. 12.
This indemnification is signed this day of , 20_, by ,
the owner (hereinafter Owner) of Parcel No. , (hereinafter Parcel) located in
within the Rocky Point Water District No. 12.
• The Owner agrees to indemnify and hold harmless the City for any claims made for, or damages
resulting from the City providing a new water connection to the Parcel which are not caused by the
City's negligence.
• This indemnification includes any claims for a front footage fee by the Rocky Point Water District No.
12 or any other entity.
• Upon a claim for a front footage fee or any other connection fee by any other entity, including the Rocky
Point Water District No. 12, the Owner shall be responsible to pay said fee and shall immediately pay
said fee upon demand.
The Owner or Owner's Representative has fully read this Indemnification and Acknowledgment of Conditions
and understands, acknowledges, and agrees to the above conditions by signing below.
Owner/Owner's Representative's Signature:
Owner/Owner's Representative's Printed Name:
September 2020