HomeMy WebLinkAboutres1983-052a
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DATE Ocitobc ° 410, 1903 INTRODUCED BY Johnson
PROPOSED BY C.J. Johnson & J.V. Hawley
RESOLUTION NO. 83-52
A RESOLUTION AMENDING RESOLUTION NO. 82 -59
DATED NOVEMBER 23, 1982, A RESOLUTION ACCEPT-
ING 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 WITH-
IN 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 BETHANY BAPTIST FELLOWSHIP CHURCH
SITE TO BE LOCATED ON THE FIVE -ACRE PARCEL ON
SMITH ROAD WEST OF BELFERN ESTATES DIVISION NO.2.
WHEREAS, the Whatcom County Council did adopt Resolution 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 pro-
perty 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 condtions set forth in Resolution 82 -59
and in Exhibit "D" of said resolution shall require further approval by
the County Concil 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 the the Ferndale pump
station, properties lying within the Urban Residential and General
Commercial zoning districts as shown on the official Whatcom County
RESOLUTION - 1
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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
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 con-
nections for the proposed Bethany Baptist Fellowship Church to be located
on five acres of land contiguous and abutting Smith Road west of and con-
tiguous 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 1141hatcor. County
That portion of the Southwest quarter of the Southwest
quarter of Section 27, Township 39 North, Range 2 East of
W.M., described as follows:
Commencing at the Southwest corner of said Section 27;
thence south 890 23' 16" East along the Southerly line of
said section a distance of 367.46 feet to the point of
beginning; thence North 000 30' 05" East 594.15 feet;
thence South 890 23' 16" East parallel to the Southerly
line of said section, a distance of 365.69 feet to the
Westerly line of Plat of "BELFERN ESTATES, DIVISION NO.
211, as filed in volume 10 of plats, at page 29, records-of
the Auditor of said county and state; thence South 000 19'
50" West along said Westerly line and projection thereof,
a distance of 594.16 feet to the Southerly line of said
section; thence North 890 23' 16" West along said
Southerly line, a distance of 367.41 feet to the point of
beginning, except county road right -of -way.
Situate in Whatcom County, Washington.
PASSED this 20th
ATTEST:
erk .of the CoulYcil
A
RESOLUTION - 2.
day of Cctober , 1983.
WHATCOM COUNTY COUNCIL
WHATCgb COUNTY, WASHINGTO
n
AN AMENDMENT TO THE AGREEMENT FOR CONSTRUCTION,
OWNERSHIP, OPERATION AND MAINTENANCE OF SEWERAGE
TREATMENT AND DISPOSAL FACILITIES FOR THE PUBLIC
NOR -BELL FACILITIES AND THE TIGHT LINE SERVICE
AREA TO PROVIDE.CONNECTION OR CONNECTIONS FOR THE
PROPOSED BETHANY BAPTIST FELLOWSHIP CHURCH TO BE
LOCATED ON FIVE ACRES OF LAND CONTIGUOUS AND
ABUTTING 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 sewerage 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 agree-
ment 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
the 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 the 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, construc-
tion 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 sec-
tion to provide for and to allow sewerage connections to the proposed Bethany Baptist
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.
-1-
Y
Further, it is agreed that providing connection or connections to the
proposed church site 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 , 198 , to be effective on the day of
198
JOHN LOUWS
Whatcom County Executive
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
BRUCE L. DISEND
Civil Deputy Prosecuting Attorney
DULY APPROVED AND AGREED to bey the FERNDALE CITY COUNCIL on the
day of 198 to be effective on the day of
198
RONALD S. PETERSON
City of Ferndale City Manager
ATTEST:
ROLAND SIGNETT
City of Ferndale Clerk /Treasurer