HomeMy WebLinkAbout9072DocuSign Envelope ID: D4A6BAOD-1 C83-4272-83D5-ABAF3EC24BC2
WATER UTILITY RETAIL SERVICE AREA AGREEMENT
BETWEEN THE CITY OF BREMERTON AND THE CITY OF PORT ORCHARD
PREAMBLE
This Agreement describes the water utility retail service area between the City of Bremerton
(Bremerton) and the City of Port Orchard (Port Orchard). Retail service areas identify the external
boundary of the area for which Bremerton and Port Orchard have assumed retail water service
responsibility as outlined in the Kitsap County Coordinated Water System Plan (CWSP) and contained in
the adopted rules and regulations of the State Department of Health (DOH). Bremerton and Port
Orchard have approved retail service areas and this agreement implements those service areas and
provides for communication and coordination to address future changes in service area. This agreement
does not create a new government entity, nor does it give new authorities or responsibilities to
Bremerton or Port Orchard or to the County or State regulatory agencies, but rather acknowledges the
geographical area for designated service responsibilities.
This agreement is in effect so long as the water utilities remain public water system purveyors and
continue to carry out the obligations inherent in the agreement or until an agreement amendment is
executed, or until terminated in accordance with the terms of this agreement.
The authority for this Agreement is granted by the Public Water System Coordination Act of 1977,
Chapter 70.116 RCW, having been properly initiated through the provisions of RCW 70.116.040.
WHEREAS, Such an Agreement is required in WAC 246-293-250, Service Area Agreements -
Requirements, of the Public Water System Coordination Act; and
WHEREAS, Designation of retail water utility service areas, together with the cooperation of adjacent
water utilities, will help assure that time, effort, and money are best used by avoiding unnecessary
duplication of service; and
WHEREAS, Definite future water utility retail service areas will facilitate efficient planning for, and
provision of, water system improvements within Kitsap County as growth occurs; and
Water Service Area Agreement
City of Bremerton and City of Port Orchard
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WHEREAS, Definite retail utility service areas will help assure that water reserved for public water
supply purposes within Kitsap County will be utilized in the future in an efficiently planned manner; and
WHEREAS, no separate legal or administrative entity will be created by this Agreement;
NOW, THEREFORE, the undersigned parties, having entered into this Agreement by their signature,
concur with and will abide by the following provisions:
The terms used within this Agreement shall be as defined in the implementing regulations of Chapter
70.116 RCW, except as identified below.
1. Kitsap County Water Utility Retail Service Area Man shall mean the maps referenced in this
Agreement, attached hereto and incorporated herein as Attachments A and B, which define the
retail, wholesale, and future water utility service area boundary for the designated water
systems.
2. Retail Water Utility Service Area shall mean the designated geographical area in which a
purveyor is responsible for planning and providing water service to its customers. The service
area is composed of both a current and future service area as described in the CWSP. A water
supplier shall not provide water to individual customers in another purveyor's retail service area
except with the written concurrence of the purveyor responsible for the geographical area in
question. The retail service area may be amended in accordance with the CWSP procedures and
with the concurrence of the affected water purveyors.
3. Lead A enc for administering the Kitsap County water utility service area agreements and retail
service area maps shall be the Kitsap Public Health District (KPHD) unless otherwise established
by amendment to the CWSP.
Section 1. Water Utility Retail Service Area Boundaries The undersigned acknowledge that the
Kitsap County Water Utility Retail Service Area Maps included as Attachments A and B to this
Agreement, identify the current and future area of retail water utility service and planning
responsibilities for the designated utility. The undersigned further acknowledge that there are no retail
service area conflicts between Bremerton and Port Orchard.
Water Service Area Agreement
City of Bremerton and City of Port Orchard
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Section 2. Water Utility Retail Service Area Boundaries will normally be along parcel boundaries.
Exceptions are noted in Attachments A and B.
Section 3. Boundary Streets Unless separate agreements exist with adjacent water utilities,
Bremerton and Port Orchard agree that existing services on boundary streets shall remain as connected
unless both parties, as per Section 4, agree to transfer of service. These provisions do not disallow the
placement of mains in the same street by adjacent utilities where geographic, economic, or other
constraints make such placement desirable.
Section 4. Boundary Adjustments If, at some time in the future, it is in the best interest of
Bremerton and Port Orchard and their customers to make retail service area boundary adjustments,
such modifications must be by amending this agreement. The system that would like to make the
change will send a written request to the adjacent system. Service area adjustments affecting one to
three parcels can be agreed to administratively by the City of Bremerton Director of Public Works and
Utilities and the City of Port Orchard Director of Public Works/City Engineer. The modification will be
documented by a letter signed by both Bremerton and Port Orchard and filed with KPHD. A copy will be
forwarded to the Kitsap Public Utility District for inclusion in the countywide retail service area map.
It is understood by the designated utility that it may decline to provide service within its water utility
retail service area boundary, but in that case, an applicant may be referred to other adjacent utilities, or
to a state certified Satellite Management Agency (SMA), or a new utility may be created. The original
water utility retail service area boundary will be adjusted accordingly.
Section 5. Service Extension Policies The undersigned utility agrees that in order to expand its
current water utility retail service area, other than by addition of retail customers to existing water
mains, or to service in the capacity of a state certified SMA, it shall have adopted design standards and
utility service extension policies. The design standards shall meet or exceed the Kitsap County
Coordinated Water System Plan Minimum Standards and Specifications.
Section 6. Systems Placed in Receivership State law provides that whenever an action is brought in
superior court to place a public water system in receivership, the petition to the court shall name
Water Service Area Agreement
City of Bremerton and City of Port Orchard
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candidates for receiver who have consented to assume operation of the water system. The undersigned
water utility agrees to be named as receiver in such action initiated for systems surrounded by its water
utility retail service area. By this consent, the undersigned does not waive its rights to appear and
participate in the court proceedings to determine acceptable conditions of receivership.
Section 7. Notices: All notices and other written communications required by this Agreement shall
be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have
been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class,
postage pre -paid and addressed to the party at its address as stated below or at such address as any party
may designate at any time in writing.
Director of Public Works & Utilities
City of Bremerton
100 Oyster Bay Ave N
Public Works Director/City Engineer
City of Port Orchard
216 Prospect Street
Bremerton, WA 98312 Port Orchard, WA 98366
Section 8. Dispute Resolution: Disputes will be first addressed at the staff level. Should a dispute
remain, Bremerton and Pon: Orchard staff will prepare a joint description of the issue for consideration
by the Bremerton Public Works and Utilities Director and the Port Orchard Public Works Director/City
Engineer. Any unresolved claim by either party against the other related to this Agreement shall be filed
with the Kitsap County Water Utility Coordinating Committee.
Parties may appeal the committee's decision to the Board of County Commissioners. Each party is
responsible for its own attorney's fees and litigation costs.
Section 9. Term of Agreement: This agreement is in effect so long as the water utilities remain
public water system purveyors and continue to carry out the obligations inherent in the agreement or
until an agreement amendment is executed or until terminated pursuant to Section 10.
Water Service Area Agreement
City of Bremerton and City of Port Orchard
Page 4
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Section 10. Termination This agreement may be terminated for convenience by either utility. The
terminating utility must provide at least 60 days' notice of its intent to terminate this agreement prior to
termination for convenience.
This agreement by reference includes the following attachments:
Attachment A: Kitsap County Water Utility Retail Service Area Map — City of Bremerton
Attachment B: Kitsap County Water Utility Retail Service Area Map — City of Port Orchard
IN WITNESS WHEREOF, the undersigned parties acknowledge having the authority to, and have
executed this Agreement as of November 25, 2020
City of Port Orchard
Mayor, City of Port Orchard
(-
Signature
City of Bremerton
Greg wheeler
Mayor, City of Bremerton
,J.��,eo� lnhr,.pRk',�
Signature
Receipt acknowledged and adjacent purveyor concurrence certified:
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Date
Water Service Area Agreement
City of Bremerton and City of Port Orchard
Page 5
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