HomeMy WebLinkAboutres1990-0564_ -iTCOM COUNTY COUNCIL AGENDA BILL NO. 90 -ZZ�.
SUBJECT
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 NORTH BELLINGHAM FULL GOSPEL
CHURCH
ATTACHMENTS:
EXHIBIT- 'A"
Public Hearing Needed? Yes l No l
SUMMARY STATEMENT.•
Agreement for construction, ownership, operation and maintenance of 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 and Barrett Road and properties abutting force main
on Barrett Road between Smith Road and Ferndale Pump Station. Resolution provides
for and allows sewerage connections to proposed North Bellingham'Full Gospel Fellowship
Church on three parcels at and adjacent to'1125 W. Smith Road.
ORIGINATOR'S RECOMMENDED ACTION.•
Pass.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
8 -7 -90 Passed unani musly
Related File Numbers: Ordinance or Resolution Number.
R 90 -56
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RESOLUTION NO. 9O -56
SPONSORED BY: CC)TSeTIt
PROPOSED BY:
INTRODUCTION DATE: 8i7 /90
A RESOLUTION AMENDING RESOLUTION NO. 82 -59 DATED NOVEMBER 23, 1982, A RESOLUTION ACCEPTING
THE NOR-BELL WASTEWATER FACILITY PLAN FOR CONSTRUCTION OF A SIX -INCH FORCE SEWER LINE FOR
NOR -BELL NURSING HONE, NORTH BELLINGHAM SCHOOL, AND OTHER STRUCTURES AND BUILDINGS WITHIN THE
COUNTY -OWNED 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 MODIFYING SECTION 3 AND IN ACCORDANCE
WITH SECTION 7 OF SAID RESOLUTION, AMENDING EXHIBIT -D- FOR THE PURPOSE OF PROVIDING FOR SEWER
CONNECTIONS TO THE SIX -INCH FORCE MAIN FOR NORTH BELLINGHAM FULL GOSPEL FELLOWSHIP CHURCH LOCATED
ON THREE PARCELS AT AND ADJACENT TO 1125 W_ SMITH ROAD 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 lies within
the service area described in Exhibit "A" for connection to six -inch force main between Byers Road and the 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;
NON, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby authorizes the County
Executive to provide a connection or connections for the proposed North Bellingham Full Gospel Fellowship Church
to be located on three parcels at and adjacent to 1125 W. Smith Road; property being described as follows,
provided that the agreement set forth in the attached Exhibit 'A' is executed by the City of Ferndale and
Whatcom County:
Parcel #390234.223524.0000: Legally described as: W 58 FT OF N 200 FT OF E 495 FT OF NE NW
LESS RD.
Parcel #390234.241524.0000: Legally described as: BEG 264 FT W OF NE COR NW 1/4 TH S 10 RODS
- TH W 4 RODS - TH N 10 RODS - TH E 4 RODS TO BEG - LESS RD - AFFT 321 RCW 20.
Parcel #390234.232524.0000: Legally described as: NLY 200 FT OF E 107 FT OF E 1/2 W 1/2 E
112 NE NW - LESS RD.
Passed this 7th. day of Atrougf 1990.
ATTEST:
Z' e-61v,"
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:: 1
W�
Ra all J. Wat s Vhief Civil
Deputy Prosecutin Attorney
WHATCOM COUNT COUNCIL
WHATCOM COUN WA INGTON
Donald . Hahse , Chair
WHHTCOM COUNTY
NTY
FELL 1 NGHM WA
03/11/92 2:32 PM
REQUEST OF: WHATCON 1=
Shirle°j For_lof, AUDITOR
BY: M Ti DEPUTY
SPONSORED BY: C.OILSent
PROPOSED BY:
INTRODUCTION DATE: 19/7 /9 Q
RESOLUTION No. 90 -56 •
A RESOLUTION AMENDING RESOLUTION-NO. 82 -59 DATED NOWBIBER 23, 1982, A RESOLUTION ACCEPTING
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 -OWNED 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 MODIFYING SECTION 3 AND IN ACCORDANCE
WITH SECTION 7 OF SAID RESOLUTION, AMENDING EXHIBIT -D- FOR THE PURPOSE OF PROVIDING FOR SEWER
CONNECTIONS TO THE SIX -INCH FORCE MAIN FOR NORTH BELLINGHAM FULL GOSPEL FELLOWSHIP CHURCH LOCATED
ON THREE PARCELS AT AND ADJACENT TO 1125 W. SMITH ROAD 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 Lies within
the service area described in Exhibit "A" for connection to six -inch force main between Byers Road and the 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 authorizes the County
Executive to provide a connection or connections for the proposed North Bellingham Full Gospel Fellowship Church
to be located on three parcels at and adjacent to 1125 W. Smith Road; property being described as follows,
provided that the agreement set forth in the attached Exhibit 'A' is executed by the City of Ferndale and
Whatcom County:
Parcel #390234.223524.0000: Legally described as: W 58 FT OF N 200 FT OF E 495 FT OF NE NW
LESS RD.
Parcel #390234.241524.0000: Legally described as: BEG 264 FT W OF NE COR NW 1/4 TH S 10 RODS
- TH W 4 RODS - TH N 10 RODS - TH E 4 RODS TO BEG - LESS RD - AFFT 321 RCW 20.
Parcel #390234.232524.0000: Legally described as: NLY 200 FT OF E 107 FT OF E 1/2 W 1/2 E
1/2 NE NW - LESS RD.
Passed this 7th day of AncpiGt , 1990.
WHATCOM COUNT COUNCIL
WHATCOM COU WA INGTON
Donald . H se , Chair
ATTEST:
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
RanaaLL J. Wattsk Vhief Watts Civil
Deputy Prosecutin Attorney
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 CONNECTION OR
CONNECTIONS FOR THE PROPOSED NORTH BELLINGHAM
FULL GOSPEL FELLOWSHIP CHURCH LOCATED ON THREE
PARCELS AT AND ADJACENT TO 1125 W. SMITH ROAD,
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 to the proposed North
Bellingham Full Gospel Fellowship Church on three parcels at and adjacent to 1125 W.
Smith Road, zoned Residential Rural One. Said property includes the following three
parcels:
Parcel #390234.223524.0000: Legally described as: W 58 FT OF N
200 FT OF E 495 FT OF NE NW LESS RD.
Parcel #390234.241524.0000: Legally described as: BEG 264 FT W
OF NE COR NW 1/4 TH S 10 RODS - TH. W 4 RODS - TH N
10 RODS - TH E 4 RODS TO BEG - LESS RD - AFFT 321 RCW
20.
Parcel #390234.232524.0000: Legally described as: NLY 200 FT OF
E .107 FT OF E 1/2 W 1/2 E 1/2 NE NW - LESS RD.
It is further agreed that if said church is not constructed within 12 months from
the date of this approved amendment, said amendment will be null and void.
Further, it is agreed that providing connection or connections to the proposed
residential sites will not increase the number of connections that are allocated in
Whatcom County Resolution No. 82 -59.
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:
UJK
Randall J. ts, Chief Civil
Deputy Prosecuting Attorney
DULY APPROVED AND AGREED TO BY THE FERNDALE CITY
COUNCIL on the 19'rX day of 1990, to be effective on the / �T day
of i /`rr �,E 1990.
CITY OF FERNDALE
Ronal S. Peterson
City Manager
ATTEST:
Roland Signet
Clerk /Treasurer