HomeMy WebLinkAboutres1990-055PL ATCOM COUNTY COUNCIL AGENDA BILL
NO. - 90 -278
SUBJECT. 0-
RESOLUTION IN MATTER OF AMENDING AGREEMENT FOR CONSTRUCTION, OWNERSHIP, OPERATION AND
MAINTENANCE OF SEWERAGE TREATMENT AND DISPOSAL FACILITIES FOR PUBLIC NOR -BELL FACILITIES
AND LINE SERVICE AREA TO PROVIDE CONNECTIONS TO PROPOSED SUBDIVISION ON 18 ACRES OWNED
BY GENE BOUMA.
ATTACHMENTS.
EXHIBIT 'A'
Public Hearing Needed? Yes /_ f No / /
SUMMARY STATEMENT:
Agreement for construction, ownership, operation and maintenance df sewerage treatment
and disposal facilities for public- Nor-Bell facilities and line service area provides
that 175 connections in tight line service area* be available to properties abutting force
)main on Smith Road between Byers Road aid'-Barrett Road and properties abutting force main
on Barrett Road between Smith Road and Ferndale Pump Station. . Resolution provides for
and allows approximately 50 connections to proposed subdivision on 18 acres owned by Gene
Bouma, Inc. located on Smith Road adjacent,to Belfern Estates.
ORIGINATOR'S RECOMMENDED ACTION.•
Pass
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
Passed unaniumusly
Related File Numbers: Ordinance or Resolution Number. R90 -55
RESOLUTION No.90 -55
A RESOLUTION AMENDING RESOLUTION NO. 82 -59 DATED NOVEMBER 23, 1982, A RESOLUTION ACCEPTING a
THE NOR -BELL WASTEWATER FACILITY PLAN FOR CONSTRUCTION OF A SIX-INCH FORCE SEWER LINE FOR NOR -BELL
NURSING HOME, NORTH BELLINGHAM SCHOOL,, AND OTHER. STRUCTURES AND BUILDINGS WITHIN THE COUNTY -OWED 160
ACRES AT THE INTERSECTION OF SMITH AND NORTHWEST ROADS AND PROVIDING FOR THE SALE OF 175 EQUIVALENT
RESIDENTIAL CONNECTIONS TO THE PROPERTY OWNERS FOR THE PROPERTY ABUTTING SAID FORCE MAIN ON SMITH ROAD
FROM BYERS ROAD TO BARRETT ROAD AND ON BARRETT ROAD FROM SMITH ROAD TO THE AXTON PUMP STATION,
AMENDING BY NMI FYING.SECTION 3 AND IN ACCORDANCE PITH SECTION 7 OF SAID RESOLUTION, AMENDING EXHIBIT
'D' FOR THE PURPOSE OF PROVIDING FOR SEWER CONNECTIONS TO THE SIX -INCH FORCE RAIN FOR A PROPOSED
SUBDIVISION ON 18 ACRES OWED BY GENE BOUMA, INC. LOCATED ON SMITH ROAD ADJACENT TO BELFERN
ESTATES, ZONED RURAL RESIDENTIAL 1.
WHEREAS, the Whatcom County Council did adopt Resolution 82 -59 on the 23rd day of November 1982; and
WHEREAS, Section 3 of said resolution provides that the County Council authorize the County Executive,
in accordance with and in compliance with the terms and conditions of said resolution, to enter into sewer
connection agreements conforming to Exhibit "B" with the property owners whose property ties within the service
area described in Exhibit "A" for connection to six -inch force main between Byers Road and Axton Road pump
station along Smith and Barrett roads; and
WHEREAS, Section 7 provides that any substantial changes in the project or any of the terms and
conditions set forth in Resolution 82 -59 and in Exhibit "D" of said resolution shall require further approval
by the County Council prior to proceeding; and
WHEREAS, Exhibit "D" stipulates that said additional capacity would be available only to those
properties abutting the force main on Smith Road between Byers Road and Barrett Road and properties abutting
the force main on Barrett road between Smith Road and the Ferndale pump station, properties Lying within the
Urban Residential and General Commercial zoning districts as shown on the official Whatcom County Zoning
Ordinance Title 20 and properties within the City of Ferndale city Limits which is zoned Highway Commercial and
providing connections to the force main by the equivalent residential user will require a LocaL pump and will
be the responsibility of the local user;
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby authorized the County Executive
to provide an estimated 50 connections for a proposed 18 acre subdivision on Smith Road adjacent to Belfern
Estates owned by Gene Bouma, Inc., described as Parcels No. 390227.019092 and 390227.056112, proposed for
rezone to Urban Residential 4, provided that the agreement set forth in the attached Exhibit 'A' is executed
by the City of Ferndale and Whatcom County.
Passed this 7th day of AUgUSt , 1990.
WHATCOM COUNTY COUNC
1[LIATCOM COUNTY, WA§f
Ld G.
ATTEST:
i
� /��
Ramona Reeves, Council Clerk
APPROVED AS TO FORM BY:
(� 3
Randall J. WattA,, ief Civil
Deputy Prosecutin ttorney
EXHIBIT 'A'
AMENDMENT TO THE AGREEMENT FOR CONSTRUCTION,
OWNERSHIP, OPERATION AND MAINTENANCE OF
SEWERAGE TREATMENT AND DISPOSAL FACILITIES FOR
THE PUBLIC NOR -BELL FACILITIES AND THE LINE
SERVICE AREA TO PROVIDE APPROXIMATELY 50
CONNECTIONS FOR A PROPOSED SUBDIVISION ON 18
ACRES OWNED BY GENE BOUMA, INC. LOCATED ON
SMITH ROAD ADJACENT TO BELFERN ESTATES, ZONED
RURAL RESIDENTIAL 1.
WHEREAS, an agreement by and between Whatcom County and the City of
Ferndale was executed on December 15, 1982 providing for the construction, ownership,
operation and maintenance of sewage treatment and disposal facilities for the public Nor -
Bell facilities and the tight line service area; and .
WHEREAS, Section 9(g) on page 20 of said agreement provides that the
agreement may be amended in writing; and
WHEREAS, Section 7(d) on page 7 provides the 175 connections in the tight line
service area shall be available only to those properties abutting the force main on Smith
Road between Byers Road and Barrett Road and properties abutting the force main on
Barrett Road between Smith Road and the Ferndale Pump Station. These properties
lie within the Urban Residential. and General Commercial zoning districts in accordance
with County zoning as shown on the official Whatcom County Zoning Ordinance Title
20 and partially within the City of Ferndale city limits which are zoned Highway
Commercial as depicted on the map attached as Exhibit A. Connections to the tight line
force main by the equivalent residential users will require a local pump station, which
will be the responsibility of local users to design, construct and maintain in accordance
with City of Ferndale and other agency requirements under the same conditions specified
in this agreement for the sewerage facilities to be designed and constructed by Whatcom
County. Whatcom County shall make a reasonable effort to procure the design,
construction and final approvals of the sewerage facilities for which it will be responsible
within the time frames specified in this agreement.
The City of Ferndale and Whatcom County hereby agree to amend the above
section to provide for and to allow sewerage connections (an estimated 50 hookups)
for an 18 acre subdivision on Smith Road adjacent to Belfern Estates owned by Gene
Bouma, Inc., described as Parcels No. 390227.019092 and 390227.056112, proposed for
rezone to Urban Residential 4.
It is further agreed that if said residential homes are not constructed within 24
months from the date of this approved amendment, said amendment will be null and
void.
Further, it is agreed that providing connection or con_ nections to the proposed
church site will not increase the number of connections that are allocated in Whatcom
County Resolution no. 82 -59. a
DULY APPROVED AND AGREED TO BY THE WHATCOM COUNTY
COUNCIL on the day of 1990, to be effective on the
day of , 1990.
WHATCOM COUNTY, WASHINGTON
Shirley Van Zanten
County Executive
STATE OF WASHINGTON)
COUNTY OF WHATCOM ) ss:
On this day of , 1990, before me personally appeared
SHIRLEY VAN ZANTEN to me known to be the Whatcom County Executive and to
me known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that she signed the same as her free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 1990.
NOTARY PUBLIC in and for the State of
Washington, residing at Bellingham.
My commission expires 10/24/92.
APPROVED AS TO FORM BY:
Randall J. V%ts, ief Civil
Deputy Prosecuting Attorney
DULY APPROVED AND AGREED TO BY THE FERNDALE CITY
COUNCIL on the ,4 day of ��,,�� , 1990, to be effective on the Ig day
of r /c�'.✓ , 1990.
CITY OF FERNDAL
RonaW S. Peterson
City Manager
ATTEST:
Roland Signe
Clerk /Treasurer