HomeMy WebLinkAboutres1987-0211
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INTRODUCED BY: WARNER
PROPOSED BY: County Executive
DATE INTRODUCED: May 21, 1987
RESOLUTION NO. 87 -21
A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH BRITISH COLUMBIA
TELEPHONE COMPANY TO RELOCATE LINES AND FACILITIES
LOCATED WITHIN COUNTY RIGHT -OF -WAY ON GULF ROAD
WHEREAS, for the protection of health, safety and public property, the
County has deemed it necessary that certain infrastructure improvements be
constructed within Gulf Road between Tyee Drive and Marine Drive, a County -owned
improved right -of -way at Point Roberts, Washington; and
WHEREAS, the County has deemed it necessary that said work commence
this year; and
WHEREAS, it is the responsibility of British Columbia Telephone Company
(B.C.T.) to relocate its lines and facilities within the right -of -way; and
WHEREAS, B.C.T. is prohibited by the Canadian Government from using
funds generated in British Columbia to accomplish this work and earnings
generated from operations in Point Roberts are insufficient to relocate the
lines and facilities; and
WHEREAS, the Director of Public Works has recommended to.the County
Executive that the necessary funds be advanced in the form of a loan to B.C.T.;
and
WHEREAS, it is required that the legislative body approve all loans by
ordinance or resolution.
NOW, THEREFORE, BE IT RESOLVED that the County Council hereby authori-
zes the County Executive to enter into an agreement with B.C.T. with the
following terms:
Pursuant to and in consideration for the agreement of B.C.T. to
remove and replace its lines and facilities, the County does
hereby agree to loan B.C.T. the sum of $27,620 in Canadian funds
due no later than the end of the month following signing of this
agreement by both parties.
The parties recognize the right of the County to enforce its right
to require removal and replacement of the lines and facilities of
its franchise holders at their own expense. The County agrees to
refrain from immediately enforcing its right. In consideration of
the agreement of the County to refrain from immediately enforcing
this right, B.C.T., its assigns and successors, agree to repay
the loan amount and interest accrued at the rate of ten percent
(.10X) in semi - annual installments of $3,576.92 over the period of
five years and further agree to the imposition of a lien of record
upon its lines and facilities to secure the full amount of the
loan, plus interest. In addition to the security provided by the
lien, the County reserves every right and remedy under the law to
recover the principal plus accrued interest, costs, damages, and
attorney's fees.
RESOLIJTION - 1.
Date drafted: 5/13/87
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PASSED this 21st
ATTEST:
6L,,w,,
Carol E ergson
Clerk of the Council
APPROVED AS TO /FORM:
Civil Deputy 7rosecuting Attorney
RESOLUTION - 2.
Date drafted: 5/13/87
day of May 1987.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHIN TON
M BURTON
Chairperson