HomeMy WebLinkAboutres1993-035WHATCOM COUNTY COUNCIL AGENDA BILL NO. 93 -194
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator. Brad Bennett
Division Head:
, j
r
F C V �� E n
^? 9 1993
11-M ATC4„lM COUNTY
I
COUNCIL
5/25/93
Public Services "Counci`
/ l
Dept. Head: Paul F. Rushing
(�
Prosecutor.
g Purchasin /Budget:
eEive:
y
SUBJECT:
Resolution amending previous Resolution No. 90 -55 authorizing County Executive to provide sewer connections
for Bellaire Estates Residential Subdivision on Smith Road owned by Gene Bouma, Inc.
ATTACHMENTS:
Resolution and Exhibit "A ", the Agreement Form.
SUMMARY STATEMENT: Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? . NO YES /J
Requested date:
Amount budgeted for this item /project: $
Is it or will it be within budget? " YES NO Please explain below
9 et line item number(s): First line item #" , Second line item #-
A resolution authorizing the County Executive to amend the contract with City of Ferndale for construction,
ownership; operation, and maintenance of sewage treatment and disposal facilities. The resolution authorizes
County Executive to amend the agreement to allow the County to provide 65 connections for a proposed
subdivision located on 18 acres owned by Gene Bouma, Inc., located on Smith Road, zoned LTR4. The
subdivision will be constructed in compliance with City of Ferndale and Whatcom County standards whichever
are more stringent.
ORIGINATOR'S RECOMMENDED ACTION:
Approval by Council
COMMITTEE ACTION TAKEN:
UNCIL ACTION TAKEN:
5/25/93: Council approved the resolution. 5 -1 with Henderson absent and Brenner opposed.
Related File Numbers: Ordinance or Resolution Number R93 -035
SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE: May 25,_1993
RESOLUTION N0, 93 -035 '
AMENDING RESOLUTION NO. 90 -55 REGARDING
SEWER CONNECTIONS FOR BELLAIRE ESTATES
WHEREAS, the Whatcom County Council did adopt Resolution No. 90 -55 which
authorized the Whatcom County Executive to provide sewer connections for a
proposed 18 -acre subdivision -on Smith Road entitled Bellaire Estates owned by
Gene Bouma, Inc, described as Parcel Numbers 390227- 019092 and 390227 - 056112, and
WHEREAS, the property is zoned UR -4 and preliminary plat approval has been
granted to develop 61 lots /65 units on the property owned by Gene Bouma, Inc.,
and
WHEREAS, the amendment authorized by the Council to be signed 111 1990
pursuant to Resolution 90 -55 has been modified,
NOW, THEREFORE, BE IT RESOLVED THAT, the Whatcom County Council hereby
authorizes the County Executive to enter into the Amendment to Sewer Service
Agreement attached hereto as Exhibit "A" for the purpose of revising the existing
sewer service commitment to Gene Bouma, Inc. for the proposed 18 -acre subdivision
known as Bellaire Estates in order to incorporate conditions required by the City
of Ferndale.
APPROVED this 25th day of May , 1993,
WHATCOM COUNTY COUNCIL
By:
Marge idlaw, Chair
ATTEST:
Ramona Reeves, Clerk
Whatcom County Council
APPROVED AS TO FORM:
Randall J. Watts, Chief Civil
Deputy Prosecuting Attorney
1
0RDRE8 \RESB0OMA5 /19/93
WHATCOM 0U1 :"
CONTRACT NO.
AGREEMENT FOR CONSTRUCTION, OWNERSHIP, OPERATION AND
MAINTENANCE OF SEWAGE TREATMENT AND DISPOSAL
FACILITIES FOR THE PUBLIC NOR -BELL FACILITIES AND LINE
SERVICE AREA TO PROVIDE 65 CONNECTIONS FOR A PROPOSED
SUBDIVISION ON 18 ACRES OWNED BY GENE BOUMA, INC.
LOCATED ON SMITH ROAD ZONED UR -4.
WHEREAS, an agreement by and between Whatcom County and the City of
Ferndale was executed on December 15, 1982, provided for the construction, ownership,
operation and maintenance of sewage treatment and disposal facilities for the public
Nor -Bell facilities and tight line service area; and
WHEREAS, Section 9(6) of said agreement provides that the agreement may be
amended in writing; and
WHEREAS, on August 7, 1990, the City of Ferndale and Whatcom county amended
the agreement to provide for sewer connections for an 18 -acre subdivision on Smith Road
for a 65- unit /18 -acre subdivision on Smith Road called Bellaire Estates owned by Gene
Bouma, Inc. described as Parcel Numbers 290227 - 109092 and 390227 - 056112 zoned UR -4
and located in the City of Ferndale Growth Area; and
WHEREAS, Whatcom County and the City of Ferndale wish to amend the
agreement in order to incorporate City of Ferndale revised conditions of approval; and
WHEREAS, on October 5, 1992, the Ferndale City Council unanimously
recommended that Whatcom County be permitted to revise the agreement and to sell
sewer service to Gene Bouma, Inc. to serve 61 lots /65 units.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Whatcom County and the City of Ferndale hereby agree to this amendment to
the Sewer Service Agreement to provide sewer service connections for 61 lots /65 units for
Bellaire Estate Plat owned by Gene Bouma, Inc. described as Parcel Numbers
390227 - 019092 and 390227 - 056112. The number of sewer service connections permitted
may increase or decrease slightly dependent on the number of units that exist at the
recordation of the final plat. Said development shall be in compliance with City of
Ferndale and Whatcom County standards whichever standards are more stringent.
2. It is further agreed that if the final plat is not recorded within thirty -six (36)
months of the effective date of this amendment, said amendment shall be null and void.
DULY APPROVED AND AGREED TO by the Whatcom County Council this
day of , 1993.
WHATC M COUNTY, WASHINGTON
By:
Shirley Van Zianten
County Executive
ORIGINAL
STATE OF WASHINGTON
ss.
COUNTY OF WHATCOM
I certify that I know or have satisfactory evidence that SHIRLEY VAN ZANTEN
is the person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the COUNTY EXECUTIVE of WHATCOM COUNTY,
WASHINGTON, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED: �" I I q 3 �2- — � t,.� z.—
Notary Public
My commission expires:
A roved as to form by:
andall J. WdtA Mef Civi
Deputy ProsecuffligAttorney
DULY APPROVED AND AGREED TO by the Ferndale City Council on
October 5, 1992.
Attest:
Roland Signett
Clerk /Treasurer
c:2 /gbi/renew -a
CITY
+� +•O.gIGNET
� � 1NCORpORAjED
4C
i
Stan Stre
2
Manager