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INTRODUCED BY: Becker
PROPOSED BY: Public Works 4/
lr
DATE INTRODUCED: 8-22-85
RESOLUTION NO. 85 -41
A RESOLUTION AMENDING THE AGREEMENT WITH THE CITY
OF FERNDALE FOR CONSTRUCTION, OWNERSHIP, OPERATION
AND MAINTENANCE OF THE SEWAGE TREATMENT AND DISPOSAL
FACILITIES IN THE NOR -BELL AREA
WHEREAS, Whatcom County is desirous of amending the Nor -Bell agreement
to allow utilization of sewer connections for leachate treatment; and
WHEREAS, Section 9(g) on page 20 of said agreement provides that the
agreement may be amended in writing; and
WHEREAS, the Council of the City of Ferndale approved said amendment b•
resolution on the 15th day of July 1985;
NOW, THEREFORE, BE IT RESOLVED that the County Council does hereby con
cur and agree to the amendments approved by the City Council of the City of
Ferndale by Resolution No. 85- 7 -15 -A (Exhibit A attached hereto), and authorize
the County Executive to execute the changes to the original agreement by and
between the City of Ferndale and Whatcom County dated the 6th day of December
1982 and Addendum No. 1 thereto dated the 20th day of October 1983.
PASSED this 22nd day of August 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
WILLIAM P. ROEHL
Chairperson
APPROVED AS TO FORM:
ATTEST:
Ea4 Civil Deputy s cutin Attorney
Carol a gson
Clerk o he Council
date drafted: 8/9/85
leachate at the Ferndale Sewer Treatment Plant.
Passed by the City Council and approved by the Mayor this 15th day of July,
1985.
Attest:
R. D.+Signett Clerk /Treasurer
J ' k Williams Mayor
v
Exhibit A, Res. 85 -41
'S
RESOLUTUION 85- 7 -15 -A
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR THE CONSTRUCTION,
OWNERSHIP, OPERATION AND MAINTENANCE OF SEWAGE TREATMENT AND DISPOSAL FACILITIES
IN THE NORBELL SERVICE AREA.
WHEREAS, Whatcom County is desirous of amending the Nor -Bell Agreement to allow
utilization of connections for leachate treatment, and
WHEREAS, Section 9 (g) on page 20 of said agreement provides that -the agreement
may be amended in writing, and
WHEREAS, the City Council finds that such amendment will not be detrimental to the
City:
NOW THEREFORE, be it resolved by the City Council of the City of Ferndale as
follows:
Section 1. That the City Manager is authorized to execute the changes to the
agreement set forth as follows:
Provided, the preceding conditions in paragraph d) are subject to the changes
In Addendum No. 1 dated the 20th day of October, 1983, and provided further, any
connections remaining from the 175 connections in the tight line service area
after June 30, 1985, may be utilized by the County in other areas within the
designated Norbell sewer service area as defined in this agreement, or the
remaining connections may be utilized as additional capacity to receive leachate
flows from County owned landfill sites. It is understood that prior to
utilization of any connections as defined herein for leachate control, said use
shall be approved by the City of Ferndale. It is further understood and agreed
that the additional capacity from the discontinued use of the connections for
leachate control shall remain the connections of the County and may, at the
discretion of the County with agreement of the City, be sold to the City or other
users within the Norbell sewer service area as defined herein. Any connections
utilized for leachate treatment and control by the County shall not be subject to
the charges referred to within this agreement, except City will continue to
collect the appropriate connection fee as set forth in this agreement if
connections are sold to non - public interests.
It is further understood that allowing the country to utilize the remainder, or
portion thereof, of the 175 connections, of the Nor -Bell Service Area, will not
preclude needed development within the City of Ferndale within the Nor -Bell
Service Area. The City of Ferndale can allow connection to its sewer system of
properties within the City of Ferndale within the Nor -Bell Service Area provided
that such connections are made to a gravity system and will be a part of the
City's allocation of connections set forth in the Nor -Bell agreement or its
amendments. This amendment is subject to negotiation of acceptable maintenance &
operation charges and capital improvements for processing of leachate at the
Ferndale S.T.P.
Section 2. Approval of this amendment in no way acknowledges acceptance of