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HomeMy WebLinkAboutres1986-0512 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED BY: Conse PROPOSED BY: Public Works De DATE INTRODUCED: 10/16 /86 RESOLUTION NO. 86-51 A RESOLUTION AMENDING RESOLUTION NO. 82 -59 DATED NOVEMBER 23, 1982, A RESOLUTION ACCEPTING THE NOR -BELL WASTEWATER FACILITY PLAN FOR THE 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 WHATCOM CHRISTIAN FELLOWSHIP CHURCH SITE TO BE LOCATED ON A FIVE -ACRE PARCEL ON SMITH ROAD WEST OF BELFERN ESTATES DIVISION NO. 2 WHEREAS, the Whatcom County Council did adopt Resolution No. 82 -59 on the 22nd 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 pro- ject or any of the terms and conditions set forth in Resolution No. 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 betwee 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 Cit of Ferndale city limits which is zoned Highway Commercial and providing connec- tions to the force main by the equivalent residential user will require a local pump station 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 Whatcom Christian Fellowship Church to be located on five acres of lan contiguous and abutting Smith Road and west of and contiguous to the Belfern Estates Division No. 2; 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. Resolution - 1. Date drafted: 9/23/86 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 That portion of the West half of the Southwest Quarter of Section 27, Township 39 North, Range 2 East of W.M., Whatcom County, Washington, described as follows: Beginning at the Southwest corner of said Southwest Quarter; thence South 890 23' 16" East along the Southerly line of said Southwest Quarter a distance of 367.46 feet; thence North 000 30' 05" East 1191.02 feet; thence South 890 12' 45" East 24.60 feet; thence North 000 47' 15" East 130.00 feet to the Southwest corner of Lot 3, Block 3, Plat of Belfern Estates Division No. 2, as filed in Volume 10 of Plats at Page 29, Records of the Auditor of said county and state; thence continuing North 000 47' 15" East along the Westerly line of said Lot 3 and the Northerly projection thereof a distance of 215.00 feet to the Southerly line of Block 4 of said Plat; thence Westerly along the said Southerly line of Lot 4 on a curve to the left having a radius of 153.00 feet, the center of which bears South 000 47' 15" West, through a central angle of 070 04' 25 ", an arc distance of 18.89 feet to the Southwest corner of said Lot 4; thence continuing on said curve to the left along the Southerly line of that tract described under Whatcom County Auditor's File No. 1169999, through a central angle of 270 29' 12 ", an arc distance of 73.39 feet; thence North 890 12' 45" West along the Southerly line of said tract a distance of 93.63 feet to the Northeast corner of that tract described under Whatcom County Auditor's File No. 1309582; thence South 000 40' 20" West 208.73 feet to the Southeast corner of said tract; thence North 890 12' 45" West along the Southerly line of said tract a distance of 131.73 feet; thence departing from said Southerly line South 000 40' 20" West 218.68 feet; thence North 880 43' 04" West 77.00 feet to the Westerly line of said Southwest quarter of Section 27; thence South 000 40' 20" West along said Westerly line a distance of 1083.39 feet to the Point of Beginning, except the West Smith Road. PASSED this 16th ATTEST: Caro E ergson Clerk of the Council APPROVED AS TO FORM: Randall J. Wa t Chi et' Civil Deputy Prosecut' g Attorney Resolution - 2. date drafted: 9/23/86 day of October 1986. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, W��N TON cwnn�� u. Chairpers SECOND AMENDMENT TO THE AGREEMENT FOR CONSTRUCTION, OWNERSHIP, OPERATION AND MAINTENANCE OF SEWERAGE TREATMENT AND DISPOSAL FAC:LITIES FOR THE PUBLIC NOR -BELL FACILITIES AND THE TIGHT LINE SERVICE AREA TO PROVIDE CONNECTION OR CONNECTIONS FOR THE PROPOSED WHATCOM CHRISTIAN FELLOWSHIP CHURCH TO BE LOCATED ON FIVE ACRES OF LAND CONTIGUOUS AND ABUTTING WEST SMITH ROAD WEST OF AND CONTIGUOUS TO BELFERN ESTATES DIVISION NO. 2 ZONED RESIDENTIAL RURAL FIVE ACRES. 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 that 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 title 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 accor- dance with City of Ferndale and other agency requirements under the same con- ditions 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 Whatcom Christian Fellowship Church on Smith Road west of Belfern Estates Division No. 2, zoned Residential Rural Five Acres, and further agree 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 church site will not increase the number of connections that are allo- cated in Whatcom County Resolution No. 82 -59. DULY APPROVED AND AGREED TO BY THE WHATCOM COUNTY COUNCIL on the _ day of , 1986, to be effective on the day of 1986. WHATCOM COUNTY, WASHINGTON Shirley Van Zanten County Executive ATTEST: Carol Ebergson Clerk of the Council APPROVED AS TO FORM: Randall J. ts, C ief Civil Deputy Wosecuting Attorney DULY APPROVED AND AGREED TO BY THE FERNDALE CITY COUNCIL on the day of , 1986, to be effective on the day of 1986. ATTEST: Roland Signett Clerk /Treasurer. -2- CITY OF FERNDALE Ronald S. Peterson City Manager EXHIBIT B SEWER CONNECTION AGREEMENT NORTH BELLINGHAM SERVICE AREA THIS AGREEMENT, entered.into by and between WHATCOM COUNTY, Washington, hereinafter referred to as the "County," and , hereinafter referred to as the "User," owners of the following described property: TAX NO. SECTION TOWNSHIP RANGE W I T N E S S E T H WHEREAS, the User desires to obtain sewer service from the County and to enter into a sewer connection agreement; and WHEREAS, the County requires commitments from Users in order to obtain financing for the sewer system; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, it is hereby understood and agreed by the parties hereto as follows: I. The County shall furnish sewer service consisting of: a. The right to discharge sewage to a force main; and b. Treatment of the sewage discharged at the City of Ferndale wastewater treatment plant. II. The sewer service described above shall be provided upon the following conditions: a. It is the intent of the County to approve the number of con- nections for the subject property in accordance with the existing and hereafter amended Whatcom County Comprehensive Plan, Subdivision, and Zoning Ordinances. The granting of connection(s) does not constitute a warranty that the subject property may be developed at a level in excess of, or at variance with, the pro- visions of the aforesaid land use controls. b. The User shall comply with and be bound by the laws, rules and regulations of the County now in force or as hereafter duly enacted, supple- mented, amended or changed insofar as they relate to provision of sewer service. C. The User shall pay for sewerage service at such rates, times and places as shall be determined by the County; provided, however, such rates, methods of collection and penalties for late payment shall be uniform for all Users within the class of service. -1- d. The User is hereby purchasing "connections" for a dwelling unit(s) or the equivalent in usage. Each dwelling unit, or its equivalent in usage, attached to the sewer system shall constitute one connection even though the number of structures connected to the force main shall be fewer than the actual number of dwelling units. A "dwelling unit" shall include a structure, or portion thereof, having independent cooking and sleeping facilities which is intended for occupancy by only one individual, or family, and is physically separated from other dwelling units in the same structure or on the same pro- perty. Non- residential /commercial connections (measurement of equivalent usage): Meters or other flow determiners, as required by Whatcom County and the City of Ferndale, shall establish the number of equivalent dwelling units created by said use; but in no case shall such use be considered less than one connection. e. A connection permit shall be obtained from the County prior to connection to the sewer system. f. The User shall provide, at User's expense, collector systems for each connection and a conveyor system for each such connection. User shall be responsible for the cost of connection to the main sewer system. g. The User hereby grants, without cost, to the County, its suc- cessors or assigns, a perpetual easement over, under and upon any lands subject to this agreement, for the purpose of permitting inspection of the collection and conveyor systems to insure that they are in compliance with County laws, rules and regulations. h. The County shall have final authority to determine the loca- tion of any service connection to its sewerage system. The County reserves the right to approve or disapprove additional connections after the final commitment stage for construction of the sewerage system. I. The User shall not make any connections or extensions of his service line, for any purpose, without the express written consent of the County. J. The User hereby consents to a transfer of the system by the County to the City of Ferndale at such time as the County and the City agree to such transfer. k. The County shall not issue a building or other land use per- mit or variance for any building, structure or property which is delinquent in any payments or fees required by this agreement. III. PROMISSORY NOTE: In consideration of the foregoing, the User hereby agrees to pay to the County the sum of $ for each connection, payable within thirty (30) days after the date of execution of this contract. Provided, the User shall have the option to purchase said connections in equal annual installments of $ . (This option funds a purchase based on the purchase price existing at the end of the installment period.) Such installments shall -2- commence within thirty (30) days of the execution date of this contract and are payable annually on that date thereafter. Payment of annual installments may be accelerated by the User so as to pay the connection fee prior to the end of the 10 -year installment period. The total connection fee shall then be in accor- dance with the connection fee rate existing at the time of the final accelerated payment. Credit shall be given for the sum of contract payments made prior to the final accelerated payment. This note with interest is secured by a deed of trust of even date herewith executed and delivered by the makers hereof, to the County, conveying the real estate which is the subject of this agreement, or other real estate having sufficient equity to cover the indebtedness created herein. The County reserves the right to require a credit report, and User hereby consents thereto, at User's expense. IV. DEFAULT AND REMEDIES: a) Alternative Remedies. Delinquent installments of the afore- said note shall bear interest at the maximum allowable rate. In addition, if User fails to make any payment precisely when due, or breaches any term or pro- vision of this agreement, County may, at its option, exercise any of the following remedies: (i) Suit for Delinquencies. County may institute suit for any installments or other sums then due and payable under this agreement together with interest thereon at the maximum allowable rate from the date each such payment was due. (ii) Forfeiture. County may elect to declare a forfeiture of and cancellation of this agreement and, upon such election being made, all rights of User hereunder shall cease and terminate. All payments made by User hereunder shall be retained by County in liquidation of all damages sustained by said default. Provided, upon receiving written demand for payment from the County, User may avoid forfeiture by payment of the installment amount plus a penalty of 15% of the unpaid balance of the total indebtedness within 30 days of the date of notice. (iii)Foreclosure. County may elect to declare a default within the terms of the ea e�1c of trust and foreclose upon the subject property in accordance with the laws of the State of Washington. b) Costs and Fees: In case suit is institute under any of the foregoing provisions, County sha T1 be entitled to its costs and attorney fees. V. Unused connections purchased by the User may be transferred by the User to other property within the boundaries of the sewer service area subject to the approval of the County. User may impose a transfer fee. Such fee shall not be in excess of the applicable rate set forth in Exhibit "A." Provided, the County reserves the rights of first option to purchase any unused connections offered for resale. Such option shall be exercised by the County no later than 60 days from receipt of notice of User's desire to transfer said connection(s). -3- VI. It is understood that the County intends to finance the construc- tion and acquisition of the sewerage system in the near future. The County agrees to use its best efforts to obtain financing for the construction of such system. It is further understood that the County will require a sufficient number of advance commitments in order to proceed with the financing of the sewerage system. The User's obligation to make payment under the provisions of this agreement is unconditional and not contingent upon connection to, or receipt of, sewer service. VII. This agreement shall be enforceable and binding upon all parties hereto, their heirs, devisees, legatees, administrators, executors, successors and assigns, upon its execution. The County reserves the right to require a title report on any and all properties subject to this agreement at the user's expense. DATED this day of 19 USER: Number of Con- nections Purchased: SIGNATURE: o be signed by hus5and an wi e, if married.) Date of execution: STATE OF WASHINGTON) COUNTY OF WHATCOM ) ss On this day personally appeared before me , known to be the indivi ua s escri a in an w o executed the within an oregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses an purposes therein me'i oned. 19 GIVEN under nay hand and official seal this day of NOTARY PUBLIC in and for t e tate of Washington, residing at ACCEPTED: WHATCOM COUNTY, WASHINGTON By: ATTEST: County Executive Clerk of the Council -4- 9. November 24, 1982 EXHIBIT A NOR -BELL FORCE MAIN PROJECT PROPOSED CONNECTION FEES Base connection fee inflated 14% per year Year 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 I- 0 Fee $1,000 1,140 1,300 1,480 1,690 1,925 2,195 2,500 2,850 3,250 3,705 4,225 4,820 5,490 6,260 7,140 EXHIBIT "D" NOR - BELL, WASTEWATER PROJECT Force -Main to Ferndale The public entities in the vicinity of the Nor -Bell Nursing Home would be served by a 6 -inch force -main connected to the Axton Road pump station in Ferndale. The force -main would lie in public right -of -way along Smith Road and Barrett Road. The capacity of the pump station to be located near the Nor -Bell Nursing home would be sufficient for projected year 2000 flows from the public entities (Nor -Bell Nursing Ilome, County Garage, North Bellingham School, Whatcom Community College and Whatcom County Library). The capacity in the force -main would be sufficient for the year 2000 flows from the public entities and 175 additional equivalent residential users. Said addi- tional 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. These properties lie within the Urban Residential and General Commercial zoning districts in accordance with the County zoning as shown in the Official Whatcom County Zoning Ordinance Title 20, and property within the City of Ferndale city limits which is zoned Highway Commercial. Connections to the force -main by the equivalent residential users will require a local pump station and will be the responsibility of the local users. This alternative will also involve expansion and up- grading of the Ferndale wastewater treatment plant. The City of Ferndale will be provided capacity for 1984 flows plus 200 additional equivalent residential connections. Wastewater treatment plant performance will meet Department of Ecology requirements.