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RES 2016-09 AUTHORIZING THE TRANSFER OF INTERESTS AND LIABILITIES IN THE ASSETS OF CENCOMRESOLUTION NO. 2016-09 A RESOLUTION of the City Council of the City of Bainbridge Island, Washington, authorizing the transfer of any interests and liabilities in the assets of CENCOM from the City of Bainbridge Island to Kitsap County. 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 911 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 Development Authority and changing the name of the new organization from CENCOM to Kitsap 911, 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 Development 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 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 Transfer of Interest in CENCOM 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, pursuant to Chapter 39.33 RCW, the City Council conducted a public hearing with proper notice on March 22, 2016 and considered all testimony prior to their decision; now therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, 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 it has or holds in any property including, but not limited to, real property, personal property, contracts, the property specifically identified in Exhibit A, or any other property currently held by Kitsap County for the operation of CENCOM. SECTION 3. The City of Bainbridge Island 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 Development 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 Kitsap 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. SECTION 4. AScj1 rrihilihL 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 S. EtLc et le Dale. This Resolution shall take effect and be in force immediately upon its passage. 2 Transfer of Interest in CENCOM PASSED by the City Council of the City of Bainbridge Island, Washington this 22nd day of March 2016. APPROVED by the Mayor this 22"d day of March 2016. AP AS TO FORM: City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NUMBER: )Ivrd ------- 1� Vck Tolle , a /— ATTEST: 1DOraAk,, oL -�4. v Rosalind D. Lassoff, City Clerk March 3, 2016 March 22, 2016 2016-09 Transfer of Interest in CENCOM Site Name Address CENCOM Facility 911 Carver Street Bremerton, WA Kitsap County NDGC Location 345 61h Street Bremerton, WA 98337 Kitsap County Voting Receivers Capital Hill 6th Street/Times Ave Bremerton, WA 98312 Kitsap County Voting Receivers EXHIBIT A Kitsap County CENCOM Property Coordinates CENCOM Owner (NAD83) Property * Owner of property identified as t follows: 1 Tower - standard type Building - underlined Real Property - italicized 47-33-18.92 CENCOM Facility. 122-40-51.52 Building, Tower, and Equipment. Estimated value $10,883,756 Equipment Only Equipment Only (Cabinet) Cultas Bay 47-58-26.3 6496 Cultas Bay 122-31-21.5 Clinton, WA Island County East 30th 47-35-26.31 3027 Olympus Drive 122-37-11.77 Bremerton, WA Kitsap County Gold Mountain — 90 Ft 47-32-57.0 Microwave Tower 122-47-08. CENCOM CENCOM State of Washingl City of Bremerton City ofTBremertan City of Bremerton City of Bremerton N/A City of Bremerton Equipment Only I ICOM We only have equipment at this location. Estimated Value $557,149 Tower and Equipment. Estimated Value $334,289 Gold Mountain — 260 Ft 47-32-55.8 122- Tower, Equipment, Main Tower i 47-08.1 and Building 1686 Minard Road West Estimated Value Bremerton , WA $2,228,597 Kitsap County 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. ICOM South Whidb2X Fire US West New Vector City of Bremerton City of Bremerton CENCOM N/A DNR CENCOM CENCOM DNR Page 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 Building - underlined Real Property - italicized Kingston 47-48-30.4 1 We only have American Tower 27055 Ohio Avenue Kingston, WA 121-29-36.4 equipment at this location. Estimated NW Laborers Training 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 County Kitsap County Kitsap County 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 Bainbridge Island Fire Dept Mandus Olson 47-39-21.81 Equipment Only, East of Mandus Olson Road 122-32-50.11 Estimated value NE $334,289 Bainbridge Island Flre 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 District Orchard Heights 47-31-55.32 CENCOM _ 1 Tower, Building, and 1826 Fircrest Drive SE 122-35-59.83 Equipment Port Orchard, WA $1,114,298 CENCOM Kitsap County South Kitsap Fire & Rescue Building and Purdy 47-23-27.0 Pierce County Transit Purdy Transfer Station 122-36-29.0 Equipment. 14515 54th Avenue N.W. Estimated Value CENCOM Purdy, WA $557,149 Pierce County Pierce Countv 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 l (NAD83) Property * Owner of property identified as follows: Tower - standard type Building - underlined Real Pronerty - italicized Simon Point 47-35-1 b.0 I ower and building ULNUUM 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 47-54.02.10 Tower, Building, and CENCOM Teal Lake 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 - US Coast Guard US Navy Spawar US Navy ELMR US State Department CLEARWIRE/Sprint Kitsap Transit Jefferson County 911 T -Mobile South Kitsap School District Qwest Corporation Verizon Wireless Harrison Hospital KC -264-05 (Gold Mountain Tower) KC -485-03 (Gold Mountain Tower) KC -150-07 (Gold Mountain Tower) KC -201-07 (Gold Mountain Tower) KC -358-06 (Gold Mountain Tower) KC -118-09 (Gold Mountain Tower) KC -117-09 (Gold Mountain Tower) KC -160-07 (Teal Lake Tower) KC -160-07 (Orchard Heights Tower) KC -229-13 (Orchard Heights Tower) KC -423-07 (Gold Mountain Tower) KC -141-12 (Simon Point Tower) 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 & furnishings are owned by CENCOM. Page 3 of 3 1