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HomeMy WebLinkAboutres1982-0571 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 Draft II DATE: November 4, 1982 INTRODUCED BY: Hansey PROPOSED BY: Water Dist. No. 11 RESOLUTION NO. 82-57 A RESOLUTION APPROVING AN AMENDMENT TO WHATCOM COUNTY WATER DISTRICT NO. 111S GENERAL COMPREHENSIVE PLAN IN ACCORDANCE WITH THAT DISTRICT'S RESOLUTION NO. 82. WHEREAS, on September 9, 1982 Whatcom County Water Distri No. 11 passed Resolution No. 82 which amends that District's General Comprehensive Sewer Plan; and, WHEREAS, the purpose of the aforesaid amendment was to provide for sewer service to lands within the District through an arrangement with the Lummi Indian Tribe; and, WHEREAS, RCW 57.02.040 provides that the County legisla- tive authority shall review such actions. NOW THEREFORE BE IT RESOLVED by the Whatcom County Council that the amendment to the General Comprehensive Sewer Plan of Water District No. 11, as set forth in Resolution No. 82 of said istrict, be and hereby is approved. PASSED this 4th day of November , 1982. WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON MST': R&AI clex-!,.,$r• try cpuncit ApRrovp�a_as to form: BRUCE L. DISE , Deputy Prosecuting Attorney {RESOLUTION O WILLIAM P. RGEHL, Chairman Ict .J WATER DISTRICT NO. 11 OF WHATCOM COUNTY, WASHINGTON RESOLUTION NO. 8 A RESOLUTION of the Board of Commissioners of Water District No. Il of Whatcom County, Washington amending the General Comprehensive Sewer Plan adopted by Resolution No. 9 to provide for sewer service to lands within the boundaries of the District through the Lummi Indian Sewer District under arrangement set forth in Consent Decree in United States District Court for the Western District of Washington, Civil Action No. C -79 -682$ WHEREAS the Board of Commissioners of Water District No. 11 of Whatcom County, Washington heretofore adopted Resolution No. 9 adopting a General Comprehensive Sewer -Plan for the District effective March 23, 1971; and said General Comprehensive Sewer Plan has not been carried out by reason of legal action commenced by the Lummi Indian Tribe against the District and others in United States ' District Court for the Western District of Washington, Northern Division, Civil Action No. C79 -682R; and . WHEREAS the Board of Commissioners heretofore by Resolution No. r7_9_ approved settlement of the litigation with the Lummi Indian Tribe pending in United States District Court for the Western District of Washington, Northern Division, Civil Action No. C79 -682R; and in order to carry out the obligations of the District under the proposed Consent Decree agreed upon and to be filed in said cause, it is necessary that the District amend its Comprehensive Plan for a Sewer System to provide that sewer service to lands within the boundaries of the District shall be furnished through the Lummi Indian Sewer District sewer system in accordance with the terms thereof, now, therefore, BE IT RESOLVED that Resolution No. 9 adopted March 23, 1971 adopting a General Comprehensive Sewer Plan for the District is amended effective this date as follows: Section 1 is hereby cancelled and rescinded and Section 1 shall read as follows: "Section 1. The following Comprehensive Plan for a System of Sewage Collection and Disposal is hereby adopted, to wit: A. Sewer Service. The District shall provide for sewer service to the lands throughout the District through an arrangement with the Lummi Indian Tribe under which the Lummi Sewer District sewer system as constructed and installed by the Lummi Indian Tribe shall furnish sewer service on a uniform, non - disciminatory basis to all such lands within the District. The Board of Commissioners is authorized to enter into such arrangement by execution of the Consent Decree entered into by this District as one of the parties defendant with the Lummi Indian Tribe to be entered and filed in the United States District Court for the Western District of Washington, Civil Action No. C79 -682R. Such method of providing sewer service to such land within the District shall include use of the sewer collection system and the sewage treatment plant or plants of the Lummi Sewer District; and such method of providing sewer service shall be the exclusive means by which the sewer service shall be so provided to such lands within the District. B. Cost. The estimated cost of providing such sewer service through the Lummi Sewer District to the lands within the boundaries of this District is the sum of $ 1,300,000.00 which is a cost that must be apportioned 1. t - among the lands of the District, and the amounts as allocated to each such tractor parcel of land within the boundaries of this District shall be a charge payable by the owner or owners of each such parcel or tract as a condition to receiving sewer service. Payment of such costs shall be as hereafter provided." - Section 2 is hereby cancelled and rescinded and Section 2 shall read as follows: "Section 2. Financing Costs of General Comprehensive Sewer Plan. That the total estimated cost of providing sewer service to lands within the District through arrangement with the Lummi Sewer District, including all legal, engineering and financing costs, is the sum of $ 1,300,000.00 and shall be provided for as hereafter set forth. A. Utility Local Improvement District; Assessments. It is a part of this General Comprehensive Sewer Plan as amended that all of the lands within the District, excluding lands held owned by the plaintiff Lummi Indian Tribe and individual plaintiffs William E. Jones, Samuel M. Cagey, Vernon A. Lane, Larry G. Kinley, James G. McKay and James H. Wilson, or lands held by the United States in trust for the Lummi Indian Tribe members or other Indians or for the Lummi Indian Tribe, which shall be specially benefitted from the availability of the sewer system and sewer service therefrom as herein provided, shall be included in one or more Utility Local Improvement Districts, and assessments shall be levied in each such Utility Local Improvement District or Districts in an amount not greater than the benefits received by each lot, tract or parcel of land within the District by virtue of the availability of such sewer service. All of the assessments levied in any such Utility Local Improvement District or Districts shall be paid as collected into a special fund as shall be hereafter created by the Board of Commissioners and shall be applied solely to the payment of the obligations of District to the Lummi Indian Tribe in accordance with the provisions of the aforesaid Consent Decree and the additional expenses for engineering, legal and financial services herein incurred by District and incurred in connection with the aforesaid litigation with said Lummi Indian Tribe. In the event that Revenue Bonds are issued by the District as hereinafter provided to pay and discharge all obligations to the Lummi Indian Tribe and other obligations as aforesaid, then all assessments levied in any such Utility Local Improvement District or Districts shall be paid as collected into a Revenue Bond Redemption Fund or other special fund as shall be created hereafter by the Board of Commissioners and shall be applied solely to the payment of principal of and interest on the Revenue Bonds as issued by the District, which Revenue Bonds shall be payable out of said Revenue Bond Redemption Fund or other special fund created into which such assessments are required to be paid. B. Revenue Bonds. The cost of carrying out the General Comprehensive Sewer Plan as hereby amended may be met from any funds which the District may receive for such purpose by the issuance and sale of Revenue Bonds of the District in the principal sum of not to exceed $ 1,300,000.00 ; and the Board of Commissioners does hereby authorize, pursuant to the provisions of the Revised Code of Washington, Chapter 56.16, the issuance of Revenue Bonds in an amount not to exceed $ 13300.000.00 to defray the costs of carrying out and completing the General Comprehensive Sewer Plan as amended as hereinadopted. Said Bonds shall be issued in such amounts and at such time or times as the Board shall determine, shall bear interest at an effective rate not to R1 .. 1J r � exceed the maximum interest allowed by law per annum, and shall mature in not more than thirty (30) years from the date of issue. Both principal and interest on said bonds shall be paid from the assessments paid into the Revenue Bond Redemption Fund or other special fund created by the B oard of Commissioners for such purpose and any and all earnings thereof, as herein provided. The exact date, form, terms, maturities and covenants of said bonds shall be as hereafter fixed by Resolution or Resolutions of the Board of Commissioners. Section 3. Approvals. This General Comprehensive Sewer Plan as amended shall be submitted to the Engineer designated by the County Commissioners of Whatcom County, Washington, and by the Director of Health of Whatcom County, Washington, and by the legislative body of Whatcom County, Washington, and any other agency whose approval may be required, for approval in the manner provided by law." PASSED BY THE BOARD OF COMMISSIONERS OF WATER DISTRICT NO. 11 OF WHATCOM COUNTY, WASHINGTON at its regular meeting held the _.[___� day of 11982. n n ATTEST: i SeefelAry and Commissioner Commissioner, 3.