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Resolution 1910 SW Cook Road
Rev. 01/2023
RESOLUTION NO. 3392
A RESOLUTION of the City Council of the City of
Bremerton, Washington, authorizing the provision of wastewater
utility services to 1910 SW Cook Road, located outside the City
limits and outside the Urban Growth Area.
WHEREAS, the City of Bremerton has established a general policy for providing
City utility services beyond city limits in Bremerton Municipal Code (BMC) 15.03.040 per
Ordinance 5306 passed on August 17, 2016; and
WHEREAS, Section 15.03.040 of the BMC established a general policy that
properties located outside the City limits seeking wastewater utility services to said property
must first annex into the City; and
WHEREAS, Subsection 15.03.040(b) of the BMC identifies policy exceptions in
which the City Council, in its sole and absolute discretion, may provide City wastewater utility
service to properties outside the City limits without annexation; and
WHEREAS, Subsection 15.03.040(b)(2) allows an exception for cases where an
existing septic system serving a property has failed, and (i) The Health District local health
official certifies that an existing septic system has failed and is physically incapable of being
repaired or replaced in a manner meeting applicable health standards; and (ii) Connection is
shown to be necessary to protect basic public health and safety and the environment; and (iii) For
property located outside an urban growth area, the utility services provided by the connection are
financially sustainable at rural densities and do not permit urban development pursuant to
RCW 36.70A.110(4); and
WHEREAS, at the subject property at 1910 SW Cook Road (tax parcel 332401-4-
096-2005), the Kitsap Public Health District has provided certification that the existing septic
system has failed and is physically incapable of being repaired or replaced in a manner meeting
applicable health standards; and
WHEREAS, the Kitsap Public Health District has indicated that connection to the
wastewater system is necessary to protect basic public health and safety and the environment;
and
WHEREAS, property located outside an urban growth area, the utility services
provided by the connection are financially sustainable at rural densities and do not permit urban
development pursuant to RCW 36.70A.110(4); and
WHEREAS, the owner of the subject properties has agreed to construct
wastewater infrastructure in and near the property and connect to existing City infrastructure;
and
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Resolution 1910 SW Cook Road
Rev. 01/2023
WHEREAS, the Director of Public Works & Utilities finds the proposed
extension of the wastewater utility services necessary; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals Incorporated. The recitals set forth above in this
resolution are hereby incorporated by reference and adopted herein.
SECTION 2. Based on the findings set forth in the recitals above, the City
Council shall exercise its discretion as authorized pursuant to BMC 15.03.040, and the City will
provide wastewater utility services to 1910 SW Cook Road (tax parcel 332401-4-096), located
outside the City limits and the Urban Growth Area. A vicinity map of the subject property is
shown as Exhibit A. This service will be provided as the existing system has failed. Service to
this property is provided conditioned upon the owner of the property for which service is
authorized execute an Outside Utility Agreement with the City which grants the City of
Bremerton a limited power of attorney to include owner’s consent to annexation of the property
as part of any notice of intent or petition for annexation presented to the City of Bremerton. This
service is further conditioned on the owner of the property obtaining any necessary permits,
reviews, and approvals from any necessary permitting authorities.
SECTION 3. Severability. 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 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 20____.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal \Forms\FORMS ON COBWEB\Resolution Rev. 01 2023.doc
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25
15th
January
City Limits
Exhibit 1: Site Map
Subject Parcel
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