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06/25/1984 - Regular - MinutesPort O;rchard,' Wash.i ngton June 25; 1984 Council of the.City-of Port Orchard,' Washingfon'was "called to order by f;ayor L. lNeatherill. Council members present: C1 auson, Childress, .: fi 1 son,_Gei ge.r, Ali l l er, Grabl,e, .and Grosso. Fire Miarshall Gary Wernet led the Counci I. -and audience in_ the Pledge of Allegiance. On motion by Councilman Grosso, seconded and carried, Council.' approved the minutes of the June 11, 1984 meeting as circulated. On motion by Councilman Geiger, seco.nded'and carried, Council accepted the following claims: Claim in the amount of $2,625.37 for overcharge on Parcel #3599, A/C #4056002019000, relative to:ULID #1, submitted by Jerry Arnold,.1265 Sherman Avenue, Port Orchard, Washington 98366... Claim in the amount of in excess of Forty. Thousand dollars for excess charges on erroneous assessments by City relative to ULID #1, Parcel #3085, A/C.#4027-. 00300300002, submitted,by M.L. Parker and E.W...Bloomquist. Clerk will make proper disposition of above.claim. On motion by Councilman Grosso, seconded and carried, Council approved the passage of Resolution No. 1358 relative -to EDA and CERB documants for additional financing for..construc.tion if needed on the Port Orchard By -Pass. On motion by Councilman Geiger, seconded and carried, Council approved the passage of Ordinance No..1272 authorizing and directing the Mayor to execute on behalf of.the City an agreement between the State of Washington (CERB) and the. U.S. Department of Commerce.(EDC)-for aid in financing. On motion by Grosso, seconded and carried, Council, approved` the passage of Resolution No.-1359 approving Preliminary Plat for sub -division of land submitted by S.R...Y. Corporation. On motion by Councilman P;iller,��seconded and.carried, Council approved for passage (PO-2070 SW 35 34 1E,.0715797.NK/21) Easement, Puget Power for -overhead electrical .facilities to accomodate Port Orchard;By-Pass... On motion by Councilman Miller, seconded and carried, Council approved passage of Resolution No. 1360''requesting the State of Washington to vacate the entire DeKalb Street Water - Way. On motion by Councilman Miller, seconded and carried, Council approved the passage of Resolution No. 1361 adopting ,the Six Year Transportation Plan for, -the years 1985-1991. At this time City Clerk L1oyd�opened and read aloud bids for the 1/2 Ton Pick - up Truck. The bids were as follows: Bennett Ford 1983 F150 Ford $6,995.00 plus-.tax-$545.61 Grey Chevrolet 1981 C10 Chev. $6,700.00 plus tax $522.60 Council on motion by Councilman Miller, seconded 'and carried,, referred bids to City Engineer.and,Committee to evaluate the bid results. y-...^..ywff-...'°%'Y�^^.�,'.n•.'�y�w .:-__"'F3q!.'..?v!'is!"At91p.1!y�*SRG-:_��,�".'.:.=f.'i�..,...e,. _.'.^'+:r'•.7;n �_^^^"e'. _._. Xi' .._.__.'^t:S9'L^�h�»_v,xE�,"!?,_��-_"'�r;:. <'!^�^:••�C��T";. June 25, 1984 Page 2 On motion by Councilman Wilson, seconded and carried, Council set Zone Reclassification hearing as requested.by the Corporation of Catholic Archbishop of Seattle'at 8:00. P.M. July 9, 1984. On motion by Councilman Grosso, seconded and carried,Council set Zone Reclassification.as requested by Gran.quist Construction.,-, Company for 8:30 P.M. July 9, 1984.-. On motion by Councilman Wilson, seconded and carried,' Council set Zone Reclassification as requested by Roland &.Roland Real Estate, Inc. for 9:00 P.M..July 9, 1.984. City Attorney McCluskey presented Council with Ordinance No 1278, adding a Schedule of,Bails and by adopting by reference RCW 48.48.140 regarding smoke detection devices in dwelling units. Councilman Grosso moved to adopt Ordinance No'. 1278, seconded. Councilman moved to table, seconded and .carried, with four ayes and three nays.` Mayor Weatherill recessed:m.eeting at 8:45'.P.M•.to- resume. ` at 9:00 P.M. Councilman Ciauson informed the Council of 'speaking' -with Mary Roy Wilson, 1306 West Street, who sent'her commendations to the Council and the employees of the City.responsible for the signs posted at the disabled spaces. Attorney McCluskey informed Council of letter received from Kevin G. Byrd, Attorney representing Harold W. Schwartz relative' to property at 810 Bay Street. Also stated thatIal.l cor.-. respondence, etc. go to Attorney Byrd's attention:`•:Also informed the Council that any action taken with -respect to the property in violation of the automatic stay provisions of'the Federal Bankruptcy. On recommendation of Attorney, Council on motion by Councilman Wilson,'seconded and carried,.continued hearings indefinately on.this case... On recommendation of Attorney McCluskey the proposal for the. payment of the new Fire Truck was approved by the Council on motion by Councilman Wilson, seconded and carried, as shown on attachment to these minutes. The mobile food vender parked adjacent to the Post Office is under the jurisdiction of the Kitsap County Health Department and they will be advised of the location and.of the activities.. Councilman Grosso spoke on the progress of the proposed computer for the Police and Court Offices., On the motion by Councilman Geiger, seconded and carried, Council instructed the City Clerk to pay the box rent for P.O. Box 185 (Court) for one half year instead of the whole year. Engineer Curles reported that the moratorium on..the.sewer hook- ups were lifted on June 15, 1984. On motion by Councilman Grosso, seconded:and carried, Council accepted the survey of McGinnis Inc. for the easement through the Kitsap County Bank parking lot and approved the.Mayor to sign the easement on behalf of the Council. On recommendation of Engineer Curies, Councilonmotion by Geiger, seconded and:carried,.approved the request of K.C.M. to release 15% ($40,000.00).-f.rom,the Constructi.on'Administration Fund. zrLaGQ6�l�IL Eq i ipm en t Corli p allir 900 BOEING STREET * P.O. BOX 7666 * PHONE 344-6655 BOISE, IDAHO 83707 "SCHEDULE A" C ASSIS PRICE LEASE/PURCHASE AMOUNT 71z% SIMPLE INTEREST 7 YEARS lst YEAR PAYMENT (1-2-86) 2nd YEAR PAYMENT (1-2-87) 3rd YEAR PAYMENT (1-2-88) 4th YEAR PAYMENT (1-2-89) 5th YEAR PAYMENT (1-2-90) 6th YEAR PAYMENT (1-2-91) 7th YEAR PAYMENT (1-2-92) $62,859.60 $62,859.60 $13,694.42 $13,020.92 $12,347.43 $11,673.93 $11,000.44 $10,326.93 $ 9,653.36 v�GL1GQC OG�C Equipment Compally 900 BOEING STREET * P.O. BOX 7666 * PHONE 344-8655 BOISE, IDAHO 83707 BID AMOUNT $135,400.00 LESS CHASSIS PREPAYMENT ALLOWANCE 3,000.00 $132,400.00 STATE SALES TAX @7.9% 10,459.60 TOTAL CONTRACT AMOUNT $142,859.60 CHASSIS PAYMENT DUE 1-2-85 (The chassis prepayment is also your down payment). BALANCE DUE AT ACCEPTANCE 62,859.60 CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing, Inc., Appleton, WI, first party, and The City of Port Orchard Washin tan by its authorized representative, second party WITNESSETH: First. The said first party hereby agrees to furnish the apparatus and equipment according to the specifications hereto attached and.made a part of this contract, and to deliver the same as. hereinafter provided. Second. The first party agrees that all material and workmanship in and about said apparatus and equipment shall comply with said specifications. In the event there is any conflict between Customer Specifications and the Pierce Proposal, the Pierce Proposal will prevail. The standard Pierce Warranty will apply. Third. This contract for fire apparatus conforms with all Federal Department of Transportation {DOT► rules and regulations in effect at the time of contract signing, and with all National Fire Protec- tion Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of contract signing, except as modified by customer specifications. Any increased costs incurred by first party be- cause of future changes in or additions to said DOT or NFPA standards will be passed along to the cus- tomer as an addition to the price set forth below. Fourth. The said apparatus and equipment shall be ready for delivery from Appleton, Wisconsin, within about twelve (12) months after the receipt and acceptance of this contract at the first party's office at Appleton, Wisconsin, delays due to strikes, failures to obtain chassis, materials, or other causes beyond its control not preventing, and shall be delivered to said party of the second part at City of Port Orchard,+ Washing on Fifth. A competent serviceman shall upon request, be furnished by first party to demonstrate said apparatus for second party and to give its employees the necessary instructions in the operation and handling of said apparatus. Sixth. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum of one hundred forty—two thousand eight hundred fifty --nine and 60/100 Dollars (S The second party agrees to enter into a lease/purchase agreement in the amount of $62,859.60. The terms are as follows: — Purchase_ the chassis on 1-2-85 for the sum of $62,859.60 via the lease/purchase plan as described on the attached "SCHEDULE A" _ __ = Pay the balance due S$80, 000.00) upon acceptance Payment shall h,- made directly to first party at its Appleton, Wisconsin office. Under no circum- stances shall payuit2ut be made to the dealer or any other party except Pierce Manufacturing, Inc. Any representation that payment is authorized to be made to another party is in violation of this agreement. Net payment is due upon acceptance at Pierce Manufacturing, Inc., Appleton, WI., unless otherwise specified herein. If deferred payment arrangements are made, such arrangements shall be in writing, and second party's obligation thereunder shall be evidenced by negotiable paper. If more than one piece of apparatus is covered by this contract, the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper amount. Seventh. In case the second party desires to test the apparatus, such test shall be made within ten (10) days after arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton, Wisconsin. If no such test be made, or if no such report be made by the second party within ten (10) days after arrival, then said apparatus and equipment shall be consid- ered as fully complying with contract specifications. Eighth. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first party until the entire contract price has been paid, but if more than one piece of ap- paratus is covered by this contract, then each piece shall remain the property of the first party until the above listed price for such piece has been paid in full, and in case of any default in payment the first party may take full possession of the apparatus and equipment, or of the piece or pieces upon which default has been made, and any payments that have been made shall be applied as payment for the use of the appa- ratus and equipment up to date of taking possession. Ninth. This contract to be binding must be signed and approved by an officer of Pierce Manufactur- ing, Inc., or someone authorized by it to do so. This contract and specifications take precedence over all previous negotiations and no representations are considered as entering into this contract except as are. contained herein or in the specifications attached hereto. This contract cannot be altered or modified except by mutual written agreement signed by the parties. IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the sec- ond party has caused its seal to be affixed, and attested by its authorized representatives on this day of June Ig 84 The Cit of Port orchard, Washington PIERCE MANUFACTURING, INC. By (Seal) By Date of Acceptance 1984 Leslie J. Weatherill , 1`1AYOR Citv of Port Orchard