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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,"
owner(s) of the fallowing 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;
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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 sewerage to a force main;
and
b. Treatment of the sewerage 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 connections for the subject property in accordance with the exist-
ing and hereafter amended Whatcom County Comprehensive Plan, Subdivision,
and Zoning Ordinances. The granting of connection(s) does not consti-
tute a warranty that the subject property may be developed at a level in
excess of, or at variance with, the provisions 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, supplemented, 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.
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d. The User is hereby purchasing "connections" for a dwelling
unit(s) or the equivalent in usage. Each dwelling unit, or its equiva-
lent in usage, attached to the sewer system shall constitute one con-
nection even though the number of structures connected to the force
main shall be fewer than the actual number of dwelling units. A "dwell-
ing unit" shall include a structure, or portion thereof, having indepen-
dent cooking and sleeping facilities which is intended for occupancy by
only one individual, or family, and is physically separated frori other
dwelling units in the same structure or on the same property. Non -resi-
dential /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.
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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 compli-
ance with County laws, rules and regulations.
h. The County shall have final authority to determine the location
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 permit
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, pay-
able on or before December 31, 1982. Provided., the User shall have the
option to elect to make such payment in ten (10) equal installments of
$ (includes principal and interest at the rate of 14% per
annum). Such installments shall commence on December 31, 1982 and are
payable'on each December 31st thereafter. Payment of annual installments
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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 accordance with the connection fee rate existing at the
time of the final accelerated payment. The User may further elect to
delay the initial installment until December 31, 1983 provided that the
User shall pay one year's interest at the rate as indicated above and
said interest payment shall be due and payable with the first full install-
ment on December 31, 1983.
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, con-
veying 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:
I ) 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 provision of this agreement, County may, at its option, exercise
any of the following remedies:
(i) Suit for Delinquencies. County may institute suit for any in-
stallments or other sums then due and payable under this agreement to-
gether 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 de-
mand 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 deed 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 instituted under any of
the foregoing provisions, County shall 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). '
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VI. T.t.is understood that the County intends to finance the con-
struction 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 obliga-
tion to make payment under the provisions of this agreement is uncondi-
tional 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, execu-
tors, 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
USER:
Number of Con-
1982.
nections Purchased:
SIGNATURE:
To be signed by husband and wife,
if married.)
STATE OF WASHINGTON) Date of execution:
COUNTY OF WHATCOM ) ss.
On this day personally appeared before me
, known to be the individual(s) described in and who
executed the within and foregoing instrument, and acknowledged that
signed the same as free and voluntary act and deed, for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this day of
1982.
ATTEST:.
Clerk of the Council
{
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NOTARY PUBLIC in and for the State
of Washington, residing at
ACCEPTED:
WHATCOM COUNTY, WASHINGTON
By:
JOHN LOUWS,
County Executive
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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
1.995
1996
1997
.
Fee
$1,000
1,14a
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
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kilo
- - . 1 • PUMP -
r t ~l i• � STATION "t f, �,�. .. IP •�i� :• � s.r _ ..
!lAJiIN• •.� AXTON ROAD = ►,. ,'""� -- _ - —� ; . .
+ PUMP' , �., : I P
STATION ry . •.. ��' •!
.- L
�'30 _ aj j _ I••
�, �x \� ` `UR SERVICE AREA
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.. SEWAGE ? •+ �. !: \ �'1 _ ,_.• ; . fa
TREATMENT I :I.
PLANT
` UPGRADE 'FERN�ALE -6 FCT2C - MAI.R :.� 'NOR-SELL >
SEWAGE TREATMENT PLANT C' �. s+ wURSIN6 HOME
UR
NEW P
ZONING UM
` STAT ION
GC.—GENERAL COMM .: r
HC —HIGHWAY COlom
UR —URBAN RESIDENTIAL
PA
PU�P ISTATION ANb FORCE MAIN
Ir w.,« is %` ... TQ FERNDAI. _
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
b.
THIS AGREEMENT is entered into for good and valuable
consideration between WHATCOM COUNTY and the CITY OF FERNDALE
in accordance with the authority granted them by virtue of Chapter
39.34 of the Revised Code of Washington, "Interlocal Cooperation
Act ", to be effective in 1982 on the last date that formal approval
by both parties becomes effective under applicable provisions
of state and local law.
I. PREAMBLE: PURPOSES OF AGREEMENT (R.C.W. 39.34.030(3)
The. purposes of this Agreement are summarized as follows:
a). To provide for the construction and ownership
by WHATCOM COUNTY of certain sewerage facilities serving public
entities in the North Bellingham area; and
b) To accommodate a desire on the part of WHATCOM
COUNTY to construct at its expense certain sewerage facilities
capable of serving additional uses.in the service area; and
c)• To provide for the connection of said WHATCOM
COUNTY sewerage facilities to the sewerage system owned, operated
and maintained by the CITY OF FERNDALE which is serving the Ferndale
service area to the intended end that wastewater from said WHATCOM
COUNTY sewerage facilities will be received for treatment at
the CITY OF FERNDALE wastewater treatment plant and disposed
of by discharge of treated wastewater to the Nooksack River;
and
1.
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d) To provide for the operation and maintenance of
said WHATCOM COUNTY sewerage facilities by the CITY OF FERNDALE:
in return for agreed payments; and
e) To provide for upgrading the. CITY OF FERNDALE's
wastewater treatment plant consistent with the type of WHATCOM
COUNTY sewerage system constructed and the requirements of the
Washington State Department of Ecology; and
f) To provide for the eventual ownership of the WHATCOM
COUNTY sewerage facilities by,the CITY OF FERNDALE; and
g) To provide for a fair, equitable, cost - .effective
and efficient manner for serving the present and future best
interests of residents of WHATCOM COUNTY and of the CITY OF
FERNDALE.
2. DURATION OF AGREEMENT (R.C.W. 39.34.030(3)(a)). This
Agreement shall be effective for a period of twenty (20) years
from its effective date, and may be thereafter renewed on such
terms as are agreeable to both parties.
3. ,MANNER OF FINANCING AND MAINTAINING.BUDGET FOR
COOPERATIVE UNDERTAKING (R.C.W. 39.34.030(3)(d)).
The financing and the maintaining of a budget for the
respective payments and.obligations prescribed by this Agreement
shall be accomplished in accordance with the local, state and
federal laws respectively applicable to each of the parties.
4. PERMISSIBLE METHODS OF ACCOMPLISHING PARTIAL OR COMPLETE
TERMINATION OF AGREEMENT AND FOR DISPOSING OF PROPERTY
IN SUCH EVENT (R.C.W. 39.34.030(3)(e)). Partial or
'complete termination of this Agreement and the disposition of
property in such event may be accomplished by either of.the follow-
ing two (2). methods:
a) Mutual agreement of both parties. In the event
of partial or complete termination of this Agreement by mutual
agreement of both parties, the disposition of property shall
also be determined by mutual agreement of both parties prior
to said termination; or
b) Material and substantial breach by either party.
In the event of a material and substantial breach of this Agreement
2.
a
by either party, failure of the party in breach of this Agreement
to remedy same within six (6) months after service by the other
party of a detailed written demand for remedial action specifying
that termination will result from noncompliance, served in the
same manner as a summons and complaint in a superior court civil
action, shall constitute just cause for termination of this Agree-
ment. In such event, the disposition of property shall be by
mutual agreement of both parties, if agreement can be reached
within a period of six (6) months after termination of this Agree-
ment. If agreement cannot be reached within six (6) months after
termination of this Agreement, ownership of all property which
is the subject of this Agreement shall remain in the respective
party having ownership at the time this Agreement is terminated,
all services to the public entities served by the tight line
force main and all payments required by either party under this
Agreement may be terminated and suspended indefinitely without
a claim for damages by the other party on account of such action,
any damages suffered on account of the breach may be recovered
from the party in breach, and any other remedy or relief against
the party in breach may be pursued in the manner prescribed by
law. The termination of this Agreement shall not constitute grounds
for termination or suspension of sewerage services for any connec-
tions sewing property under private ownership that have been
actually connected to the tight line force main prior to termination
of this Agreement.
5. JOINT BOARD RESPONSIBLE FOR ADMINISTERING THIS
.COOPERATIVE UNDERTAKING (R.C.W. 39.34.030(4)(a)).
The joint board responsible for administering this
cooperative undertaking shall consist of, the Whatcom County
Executive and Ferndale City Manager. A third member shall be
appointed.to said joint board by the Whatcom County Executive
and the Ferndale City Manager with the approval and confirmation
.of the Whatcom County Council and the Ferndale City Council.
6. AUTHORITY OF JOINT BOARD (R.C.W. 39.34.030(4)(b)).
The joint board established by this Agreement shall
have the following authority:
a) To establish an account with the Washington State,
Whatcom County or City of Ferndale treasurer designated "Operating
Fund of Nor -Bell Sewerage Administrative Joint Board "; and
b) To meet from time to time, upon the request of
3.
any member communicated to the other, for the purpose of per-
forming functions required by this Agreement; and
c) To meet from time to time, upon the request of
any member communicated to the other for the purpose of isolating
any issues and discussing any concerns that should be brought
to the attention of the respective governing bodies of the parties
and for the purpose of reaching agreed recommendations to such
governing bodies.for the resolution of any concerns, questions
or problems that may arise; and
d) To establish rules of procedure for conducting
`its business, to take such steps as may be necessary to comply
with Chapter 42.30 ,pf the Revised Code of Washington, "Open Public
Meetings Act "; and to request such other authority from the respec-
tive governing bodies of the parties which it may deem necessary
or desirable for the transaction of its business.
7. MANNER OF ACQUISITION OF REAL AND PERSONAL PROPERTY
USED IN THE COOPERATIVE UNDERTAKING (R.C.W. 39.34.030
(4)(b)).
'a) Entire Project to be Designed and Completed by
WHATCOM COUNTY. Except for the in -kind services
required by this Agreement to be provided by the CITY OF FERNDALE,
WHATCOM COUNTY shall complete the following steps relative to
the following real and personal property used in the cooperative
undertaking and shall make a reasonable effort to comply with
the following timeframes relative thereto:
Begin design of force main _Jan. 1, 1983
system, begin engineering
report for Ferndale facilities
Complete design, plans and speci- Apr. 1, 1983
fications, for force main system
• Agency approval of plans and speci- May 1, 1983
fications for force main system
Bid opening and award of contract June 1, 1983
for force main system; complete
engineering report for Ferndale
wastewater treatment plant and
submit to Department of Ecology
Notice to proceed with construc- July 1, 1983
tion of force main system; begin
design of Ferndale wastewater
treatment plant improvements
4. 1
J
Complete construction of Oct. 1, 1983
force main system
Demonstrate compliance of Nov. 1, 1983
force main system
Complete design, plans and speci- Jan. 1, 1984
fications for Ferndale waste-
water treatment plant improve-
ments
Agency approval of plans and speci- Feb. 1, 1984
fications for Ferndale wastewater
treatment plant improvements; advertise
construction project for Ferndale
wastewater treatment plant improve-
ments
Bid opening and award of contract Mar. 1, 1984
for Ferndale wastewater treat-
ment plarft improvements
Notice to proceed with construc- Apr. 1, 1984
tion of Ferndale wastewater
treatment plant improvements
Complete construction of Ferndale Oct. 1, 1984
wastewater treatment plant im-
provements
Demonstrate compliance for Nov. 1, 1984
Ferndale wastewater treatment
plant improvements
b) Tight Line Force Main to be Designed and Constructed
by WHATCOM COUNTY in Accordance with CITY OF
FERNDALE and Other Agency Requirements. WHATCOM
COUNTY shall procure at its expense the design, construction
and final approvals from the CITY OF FERNDALE and all other agencies
with jurisdiction over the project of all pipelines, pump stations
and other sewerage facilities required for a six (6) inch tight
line force main sewer within public rights- of- way_from the public
'Nor -Bell facilities along Smith Road and Barrett Road to the
..point of connection with the CITY OF FERNDALE sewerage system
at the Axton Road pump station located on the Barrett Road east
of the Interstate 5 freeway. Such facilities shall be of a size
and design sufficient to accommodate all flows that would be
created by the public uses and by the number of equivalent connec-
tions allowed by this Agreement in the tight line Service Area
and shall be constructed in a manner that;
i) Utilizes only materials meeting the CITY
OF FERNDALE standards as they exist on the
effective date of this Agreement; and
5.
z.
ii) Utilizes only equipment that is compatible
with CITY OF FERNDALE equipment and meets
CITY OF FERNDALE standards as they exist
on the effective date of this Agreement;
and
iii) Includes installation of such flow meters
either before or after completion of construc-
tion as may be deemed necessary by the CITY
OF FERNDALE to monitor the amount of flow
during the duration of this Agreement; and
iv) Includes installation of such preventive
devices or corrective measures.either before
or after completion of construction. as may
be deemed necessary by the CITY OF FERNDALE
to prevent or correct any problem of sewerage
waste turning septic during the duration
of this Agreement; and
V) Is warranted by the contractor(s) for at
least two (2) years.
Z
c) WHATCOM COUNTY Responsible for All Costs and
Expenses for Design, Construction and Final Ap-
provals of Tight Line Force Main. The CITY OF
FERNDALE shall not be responsible for the payment of any costs
or expenses whatsoever for the design, construction and final
approvals of the pipelines, pump stations and other sewerage
facilities required for said tight line force main sewer. Same
shall be contracted for and procured by WHATCOM COUNTY. All said
costs and.expenses, whether foreseen or unforeseen, shall regardless
of their nature or cause be the sole responsibility of WHATCOM
COUNTY without any right of reimbursement or contribution from
the CITY OF FERNDALE for any portion thereof.-
d) Specific Upgrading of the CITY OF FERNDALE's Treat-
ment Plant and Sewerage System Required. WHATCOM
CCUNTY shall procure the design., construction and final approvals
from the CITY OF FERNDALE and Department of Ecology for the up-
grading of the CITY OF FERNDALE treatment plant and sewerage
system for secondary treatment and for otherwise accommodating
increased flows that would be created by the following: the public
6.
.
Nor -Bell facilities to the year 2,000 A.D.; the equivalent of
an additional one hundred seventy -five (175).single family residen-
tial connections in the tight line Service Area depicted in Exhibit
"A" attached hereto and incorporated herein; the 1984 flows within
the City of Ferndale; and the equivalent of an additional two
hundred (200) single family residential connections in the City
of Ferndale. The one hundred seventy -five (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 Whatoom 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
hereto 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, construction
and final approvals of the sewerage facilities for which it will
be responsible within the time frames specified in.this Agreement.
e) CITY OF FERNDALE's Contribution Toward the Speci-
fically Required Upgrading of Its Treatment Plant
and.Sewerage System. In addition to cooperating
in the execution of any required applications and the providing
of information needed for same, the CITY OF FERNDALE shall contri-
bute monetarily to the specific upgrading of its treatment plant
and sewerage system required by this Agreement. Its monetary
contribution therefor shall be paid to WHATCOM-COUNTY prior to
and during the upgrading of the CITY OF FERNDALE treatment plant
and sewerage system in order that WHATCOM COUNTY will be able .
to obtain matching grant funds for same and. thereby delay the
sale of its councilmanic bonds until after some of the initial
design work has been accomplished. The CITY OF FERNDALE's contribu-
tion shall consist of.the following:
i) Two Hundred Twenty -Five Thousand and no /100
Dollars ($225,000.00). Said amount shall
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be payable as follows unless earlier disbursal
of any portion of same is authorized by the
CITY OF FERNDALE City Manager upon proof
of a special unforeseen need: one -half (1/2)
within thirty (30) days after (A) this Agreement
has been approved by WHATCOM COUNTY and the
CITY OF FERNDALE and (B) WHATCOM COUNTY has
entered into an agreement with a consulting
engineer for preparation of the Ferndale
feasibility study; one - fourth (1/4) within
thirty (30) days after (A) the SEPA process
for the entire project has been completed,
(B)'the Ferndale feasibility study has been
.completed and accepted by the Department
of Ecology and (C) WHATCOM COUNTY has entered
into an agreement with a consulting engineer
for the design of the upgrading of the CITY
OF FERNDALE treatment plant and sewerage
system required by this Agreement; and the
final one - fourth (1/4) within thirty (30)
days after (A) WHATCOM COUNTY has authorized
the sale of bonds sufficient to finance the
entire project and (B) WHATCOM COUNTY has
entered into a contract for the construction
of the upgrading of the CITY OF FERNDALE
treatment plant and sewerage system required .
by this Agreement; and
ii) Up to Twelve Thousand and no /100 Dollars
•($12,000.00) in value of in -kind services
by the CITY OF FERNDALE toward the preparation
of the required Ferndale Facilities Plan
and all other associated studies for said
project, except that any grant eligible portion
• thereof shall be repaid to -the CITY OF FERNDALE
from grant reimbursement as said services
are performed; and
iii) One Hundred Thousand and No /100 Dollars
($100,000.00). Said amount should be -paid
prior to June 30, 1984.
f) Permissible Methods for Accomplishing and
Funding the Specifically Required Upgrading of
a. IF
0
CITY OF FERNDALE's Treatment Plant and Sewerage
System. The CITY OF FERNDALE's monetary and in -kind
services contribution specified in this Agreement shall result
in the upgrading of the CITY OF FERNDALE's treatment plant for
secondary treatment and the physical expansion of said treatment
plant at least to the extent necessary to accommodate increased
sewerage flows equivalent to the 1984 flows within the CITY OF
FERNDALE and equivalent to an additional two hundred (200) single
family residential connections within the CITY OF FERNDALE.
If permitted or required under available grants, WHATCOM
COUNTY may also utilize said monetary and in -kind services contri-
bution for in -flow infiltration rehabilitation of the CITY OF
FERNDALE's sewerage system as a possible alternative method of
accommodating all or part of the other increased flows required
by this Agreement; i.e., those for the public Nor -Bell facilities
to the year'2000 A.D. and the additional one hundred seventy -five
(175) single family residential equivalent connections,in the
tight line Service Area. Said alternative method shall not be
utilized for accommodating all or part of such other increased
flows unless it is required under available grants or is reasonably
certain to accomplish the same result as would further physical
treatment plant expansion for such other increased flows. If
WHATCOM COUNTY utilizes this method and-the Department of Ecology
or other agency thereafter determines that said in -flow infiltration
rehabilitation has for any reason whatsoever failed to accomplish
or maintain its effectiveness in substituting for further physical
treatment plant expansion that would have accommodated such other
increased flows, then WHATCOM COUNTY shall limit such other in-
creased flows to Jthe extent of the effectiveness of said in -flow
infiltration rehabilitation and shall promptly .procure at its
expense,the design, construction.and final approvals from the
. CITY OF FERNDALE and Department of Ecology of such additional
physical treatment plant expansion as is necessary to effectively
accommodate all such other increased flows required by this Agree-
ment,
WHATCOM COUNTY may utilize grant funds and other funds
in conjunction with the CITY OF FERNDALE's monetary and in -kind
services contribution for treatment plant upgrading, treatment
plant expansion and any in -flow infiltration rehabilitation it
undertakes, but in no event shall the CITY OF FERNDALE's monetary
or in -kind services contribution be increased above the amount
9.
IF
specified in'this Agreement on account of any costs for design,
preparation of plans and specifications, matching of any available
grant funds,.construction of new facilities, rehabilitation of
existing facilities or other expenses of any nature whatsoever.
g) WHATCOM COUNTY Responsible for All Costs and Ex-
penses for Design, Construction and Final Approvals
of Specific - Upgrading in Excess of CITY OF
FERNDALE's Contribution. The CITY OF FERNDALE
shall not be responsible for the payment of any costs or expenses
whatsoever for the design, construction and final approvals of
the specific upgrading of its treatment plant and sewerage system
required by this Agreement in excess of the CITY OF FERNDALE's
contribution specified in this Agreement. Same shall be contracted
for and procured by WHATCOM COUNTY. All said costs and expenses
in addition to the CITY OF FERNDALE's contribution of-Three Hundred
Twenty -Five T"ousand and no /100 Dollars ($325,000.00), and in -kind
services for this purpose, whether foreseen or unforeseen, shall
regardless of their nature or cause be the sole responsibility
of WHATCOM COUNTY without any right of reimbursement or contribution
from the CITY OF FERNDALE for any portion thereof. This limitation
upon the amount of said costs and expenses to be paid by the
CITY OF FERNDALE shall be absolute except that it shall not apply
to any additional upgrading of the CITY OF FERNDALE treatment
plant above and beyond that required by this Agreement which
the CITY OF FERNDALE may procure at its expense in accordance
with other specific provisions of this Agreement.
h) WHATCOM COUNTY's Responsibility in Event of Failure
to Fund Entire Project. WHATCOM COUNTY shall
timely pay from grant funding, councilmanic bonds -and such other
sources available to it all amounts necessary for the design
and completion of all the steps specified in this Agreement for
the entire project and shall make a reasonable effort to do so
within the timeframes specified in this Agreement. In the event
that the CITY OF FERNDALE's treatment plant and sewerage system
is not upgraded as required by this Agreement for any reason,
the CITY OF FERNDALE's contribution to the project will pe re-
funded by WHATCOM COUNTY within sixty (60) days after receipt
of.a written request therefor, together with interest at the
rate of one percent (1 %) per month from the date it was paid
to WHATCOM COUNTY by the CITY OF FERNDALE. In such event, the
CITY OF FERNDALE may also require within the same timeframe the
payment of all WHATCOM COUNTY connection fees for any connections
10.
f:
.serving property under private ownership that have been actually
connected to the tight line sewer prior to said written request
and for which service will not be terminated or suspended. In
such event, the CITY OF FERNDALE may also either require within
the same timeframe the payment of all connection fees.for the
public entities otherwise waived by this Agreement or discontinue
service to the public entities served by the tight line force
main sewer. In the event that questions arise as to whether said
upgrading has been completed in accordance with this Agreement,
WHATCOM COUNTY and the CITY OF FERNDALE shall share equally in
the cost of procuring an independent engineering opinion in that
regard. Payments by WHATCOM COUNTY pursuant to any aspect of
this Agreement shall in no event entitle WHATCOM COUNTY to any
claim of ownership,}right or interest in the CITY OF FERNDALE's
treatment plant or sewerage system.
i) ' WHATCOM COUNTY's Ability to Establish Tight Line
Force Main Connection Fees for Repayment of
Councilmanic Bonds and Other Expenditures for
Project. WHATCOM COUNTY shall establish and collect
fair and equitable connection fees for the equivalent of one
hundred seventy -five (17.5) single family residential connections.
WHATCOM COUNTY's authority in this regard shall not extend to
the connections represented by 1984 flows within the CITY OF
FERNDALE or the additional, two hundred (200) equivalent residential
connections for which the CITY OF FERNDALE's sewerage treatment
plant is being upgraded pursuant to this Agreement which can
serve properties within the CITY OF FERNDALE that are not abutting
the tight line force main on Barrett or Smith Roads. The connection
fees established by �WHATCOM COUNTY may vary from time to time
dependent on circumstances, but they shall not be- different for
the property within the tight line Service. Area that is within
the CITY OF FERNDALE and that which is not. In view of WHATCOM
COUNTY's funding of the entire project, the CITY.OF FERNDALE's
"General Facilities Charge" of three cents ($.03) per square
foot will not be collected by the CITY OF FERNDALE for the connec-
tions that are subject to WHATCOM COUNTY's connection fees, but
rather said "General Facilities Charge" shall be deferred for
inclusion in said WHATCOM COUNTY's connection fees to be made
a part of the funding for this project. However, WHATCOM COUNTY
shall require proof in writing from the CITY OF FERNDALE that
the CITY OF FERNDALE's connection fee, based on its Ordinance
No. 677 as it now exists or may be hereafter amended, has been
paid to the CITY OF FERNDALE in addition to WHATCOM COUNTY's
11.
IF
tight line sewer connection fees prior to issuance of a building
permit or authorization for any connection, whichever first occurs,
which CITY OF FERNDALE sewerage connection fee shall not exceed
the connection fee for any such connection within the city limits
of the CITY OF FERNDALE.
j) Number and Location of Connections for Which
Connection Fees Will Be Established and
Collected By WHATCOM COUNTY. Connection fees
established by WHATCOM COUNTY shall be applicable only to the
equivalent of up to those one hundred seventy -five (175) equivalent
single family residential connections as are designated by this
Agreement for the tight line Service Area depicted on the map
attached hereto a:� Exhibit "A ". No equivalent connections in
excess of said number shall be allowed in said area pursuant
to this Agreement, but may be allowed in the future only if and
when the CITY OF FERNDALE and WHATCOM COUNTY may mutually determine
it. is to be in the best interests of both,parties to do so or
if and when the CITY OF FERNDALE is able and willing in its best
interests to do so.
In the event that all of the one hundred seventy -five
(175) equivalent single family residential connections designated
by this Agreement for the area depicted on said map have been
purchased prior to the expiration of fifteen (15) years from the
effective date of this Agreement, WHATCOM COUNTY and the CI'T'Y OF
FERNDALE may, but are not obligated to, enter into a written mutual
agreement for the allowance of additional connections within said
area whereby WHATCOM COUNTY's connection fee would be collected
by WHATCOM COUNTY and placed in a special fund.to be remitted,
together with interest, to the CITY OF FERNDALE-at such time as
the CITY,OF FERNDALE should determine it to be in the City's best
interests to further expand and upgrade its treatment plant and
sewerage system for service of WHATCOM COUNTY residents in said
area or to reimburse WHATCOM COUNTY for additional capacity provided
by this project.
Initial connections to
those serving the public Nor -Bel
the CITY OF FERNDALE's treatment
been upgraded only upon approval
and the City Council of the CITY
with this Agreement.
the tight line sewer other than
L facilities may be allowed before
plant and sewerage system has
of the Department of Ecology
OF FERNDALE and only in compliance
12.
IF
Connections in the tight line Service Area within the
CITY OF FERNDALE's city limits may be purchased or reserved pursuant
to this Agreement for the.same amounts and under the same payment
terms as those elsewhere within the tight line Service Area and
shall be subject to approval of the CITY OF FERNDALE.
k) Manner of Computing Number of Connections for
Which Fees Will Be Established and Collected By
WHATCOM COUNTY. For purposes of computing the
number of connections allocated to the tight line Service Area
by this Agreement, each single family residential dwelling unit
in said Area being served by the system shall constitute one
connection even though the number of physical connections to 1.
the system required k. to serve same may be fewer. A dwelling unit
shall include each 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
property. In the case of hotels, motels or similar uses having
units.that do not have independent cooking facilities, residential
uses where the number of dwelling units is unclear, and commercial
or other non - residential uses, metered or other flow determination$
by the CITY OF FERNDALE and WHATCOM COUNTY shall establish what
number of dwelling units would result in the flow created by
said use. Such use shall always be considered to be at least
one equivalent connection. Said determination may result in either
a round number or a fractional number of equivalent connections
in excess of one connection.
1) CITY�OF FERNDALE May Procure Additional Upgrading.
The CITY OF FERNDALE may at any time before, during
or after the upgrading of its facilities requiredby this Agreement
procure and cause such additional upgrading and expansion of
its treatment plant and sewerage system at its own expense as
it may 4eem appropriate. To preclude the possibility of added
expense for delay during WHATCOM COUNTY's upgrading of said facili-
ties, WHATCOM COUNTY shall include as an alternate in its call
for bids for same any upgrading for future plant expansion in
addition to that required by this Agreement which the CITY OF
FERNDALE deems necessary to be performed during the upgrading
required by this Agreement. The costs of design and preparation
of plans and specifications for such additional upgrading shall
be subject to prior approval of the CITY OF FERNDALE and shall
be paid by the CITY OF FERNDALE regardless of whether or not
13.
an alternate bid for additional upgrading is ultimately accepted.
WHATCOM COUNTY shall reserve the right to reject any and all
such alternate bids dependent upon the determination of the CITY
OF FERNDALE. In the event the CITY OF FERNDALE accepts the alternate
bid of the contractor accepted by WHATCOM COUNTY, the CITY OF
FERNDALE shall bear the entire cost of any additional upgrading
not required by this Agreement as per the alternate bid.
8. MANNER OF HOLDING AND DISPOSING OF REAL AND PERSONAL
PROPERTY USED IN THE COOPERATIVE UNDERTAKING
(R.C.W. 39.34.030(4)(b)). The parties agree that the
pipelines, pump stations and other sewerage facilities constructed
by WHATCOM COUNTY for connection to the CITY OF FERNDALE sewerage
system shall upon the date of the last required approval after
completion be held by the parties as follows:
a) • WHATCOM COUNTY shall retain ownership of the pipe-
lines, pump stations and other sewerage facilities constructed
by it for connection to the CITY OF FERNDALE sewerage .system
for a period of five (5) years from the effective.date of this
Agreement, at the end of which time full, sole and exclusive
ownership of same shall automatically be transferred to the CITY
OF FERNDALE by virtue of this Agreement without the necessity
of further formality, instruments of conveyance, rights of way,
easements, franchises, grants, authorizations, permits, fees,
payments or action of any nature by either party at the time
of transfer or. at any time thereafter to vest and maintain in
perpetuity said full, sole and exclusive ownership in the CITY
OF FERNDALE..
b) The 'CITY OF FERNDALE shall retain -full, sole and
excl.usive.ownership of all its pump stations, pipelines, treatment
facilities, equipment and other sewerage facilities, and improve-
ments thereto, owned and hereafter acquired by it without claim
of any ownership, right or interest therein by.WHATCOM COUNTY
on account of any payments required by this Agreement or on account
of any of the other provisions of this Agreement.
9. OTHER NECESSARY OR PROPER MATTERS
(R.C.W. 39.34.030(3)(f).
a) Conditions of Connection of Public Nor -Bell Faci-
lities. The CITY OF FERNDALE shall authorize
the WHATCOM. COUNTY sewerage system to be connected to and utilized
14.
IF
in conjunction with the CITY OF FERNDALE sewerage system upon
demonstrated compliance of the tight line sewer with all CITY
OF FERNDALE and other requirements for the following uses as
they presently exist: the Nor -Bell Nursing Home, North Bellingham
Elementary School, Whatcom County Maintenance Facility, Whatcom
County Community College and Whatcom County Library. The number
of equivalent connections represented by any of said enumerated
public uses which may elect after the effective date of this
Agreement not to connect to the CITY OF FERNDALE sewerage system
may instead be utilized by WHATCOM COUNTY for future public uses
on the one hundred sixty (160) acres of WHATCOM COUNTY property
whereon such uses are located without reducing the one hundred
seventy -five (175) equivalent connections allocated by this Agree-
ment to the tightMline Service Area. Other future public uses
on the one hundred sixty (160) acres of WHATCOM COUNTY property
whereon such uses are located which utilize more equivalent con-
nections than represented by said enumerated public uses will
likewise be authorized to connect to the CITY OF FERNDALE sewerage
system, but will constitute a utilization of the number of equiva-
lent connections they represent to be deducted from the one hundred
seventy -five (175) equivalent connections allocated by this Agree-
ment to the tight line Service Area and will be subject to the
same CITY OF FERNDALE connection fees as are applicable to other
connections. Authorization for such existing or future public
uses shall not be conditioned upon the utilization of CITY OF
FERNDALE water by the public Nor -Bell facilities, but shall be.
granted in consideration for the following payments from WHATCOM
COUNTY to the CITY OF FERNDALE and for the following commitments
on the part of WHATCOM COUNTY for the duration of this Agreement:
i) A monthly service charge based on CITY OF
FERNDALE Ordinance No. 536 as it now exists
. or may be hereafter amended, which monthly
service charge shall at any given time be
the same as required within the CITY OF
FERNDALE's city limits except.for the sur-
charge prescribed by this Agreement. Wastewater
flows used to compute the charge will be
the monthly water consumption records supplied
to the CITY OF FERNDALE by WHATCOM COUNTY;
and
ii) A twenty -five percent (256) surcharge on
15.
the monthly service charge commencing upon
the date that the CITY OF FERNDALE assumes
the operation and maintenance costs and the
ownership of -the tight line sewer; and
iii) Contemporaneously with the commencement of
utilization of the WHATCOM COUNTY sewerage
system in conjunction with that of'the CITY
OF FERNDALE, WHATCOM COUNTY shall commence
and continue, during the duration of this
Agreement's terms relative to providing and
paying for sewerage services to the public
Nor -Bell facilities, the following:
}
(a) Maintaining of accurate monthly records
of water usage at each service; and
(b) Providing to the CITY OF FERNDALE of
said records of water consumption in
the Ferndale service area, including
without limitation that of the public
Nor -Bell facilities, on a monthly basis,
together with monthly water consumption
reports or summaries identifying said
water consumption on the basis of metered
water usage adjusted for irrigation.
The terms of this Agreement relative to providing and paying
for sewerage services to the public Nor -Bell facilities shall
be subject to renegotiation for additional extended periods beyond
�
the initial term of this Agreement at the request of either WHATCOM
COUNTY or the CITY OF FERNDALE.
.b) CITY OF FERNDALE to Maintain Tight Line Force
Main in Return for Agreed Payments Prior to Transfer
of Ownership. Upon all approvals being obtained
after the completion and connection to its system of the WHATCOM
COUNTY sewerage system, the CITY OF FERNDALE shall assume the
following operation and maintenance responsibilities for the
tight line sewer located within public rights -of -way and the
pump station constructed for the public Nor -Bell facilities pursuant
to this Agreement, except for matters covered by required
warranties, in consideration for the following payments from
WHATCOM COUNTY to be made so long as the WHATCOM COUNTY sewerage
16.
system remains under the ownership of WHATCOM COUNTY:
i) Routine service according to the CITY OF
FERNDALE operation and maintenance schedule
for existing facilities; and
ii) Emergency service as may be necessary to
provide sewerage services; and
iii) Repair of facilities, both routine and emer-
gency, as required to provide sewerage services;
and
iv) Payments shall be based on the actual costs
incurred by the CITY OF FERNDALE for routine
operation and maintenance activities, plus
} an additional fee to be established by the
Nor -Bell Sewerage Administrative Joint Board
for anticipated repair and replacement of
sewerage facilities to be recommended from
time to time by the CITY OF FERNDALE; and
V) Billings shall be submitted to WHATCOM COUNTY
monthly for payment within thirty (30) days
of their submission; and
vi) Annual review of fees by the Nor -Bell Sewerage
Administrative Joint Board shall be allowed
for adjustments based on the costs incurred
during the previous year and on the projected
costs for the next year.
c) Conditions of Connections Other Than the Public
Nor -Bell Facilities. The CITY OF FERNDALE shall
authorize WHATCOM COUNTY to allow connections other than the
public Nor -Bell facilities in accordance with thif, Agreement
upon demonstrated compliance of the upgrading of the CITY OF
.FERNDALE's treatment plant and sewerage system by WHATCOM COUNTY
as required by this Agreement. Any connections other than the
public Nor -Bell facilities prior to said demonstrated compliance
may only be allowed by WHATCOM COUNTY if approval be first ob-
tained from the Department of Ecology and the City Council of
the CITY OF FERNDALE. All connections at any time allowed by
WHATCOM COUNTY may only be allowed on the following conditions:
i) In addition to requiring payment of the CITY
OF FERNDALE's connection fee, WHATCOM COUNTY
shall require all users to pay the CITY OF
FERNDALE's monthly service charge as it now
17.
4 w
11
exists or may be hereafter amended, which
amounts shall be the same as required within
the CITY OF FERNDALE city limits and shall
be billed by and paid to the CITY OF FERNDALE;
and
ii) WHATCOM COUNTY shall require all users outside
the CITY OF FERNDALE's city limits to pay
the CITY OF FERNDALE's twenty -five percent
(25 0/.) surcharge on the monthly service charge
commencing upon the date the CITY OF FERNDALE,
assumes the operation and maintenance costs
and the ownership of the tight line sewer;
M and
iii) Prior to the date the CITY OF FERNDALE assumes
the operation and maintenance costs and the
ownership of the tight line sewer, WHATCOM
COUNTY may as it deems necessary require
those users outside the CITY OF FERNDALE's
city limits to pay a monthly service charge
in addition to the CITY OF FERNDALE's monthly
service charge in order to defray WHATCOM
COUNTY's maintenance and administrative
expenses, in which event same shall be billed
by and paid to the CITY OF FERNDALE to be
remitted to WHATCOM COUNTY within sixty (60),
days after receipt; and
iv) For users of the tight line sewer in the
unincorporated area of WHATCOM COUNTY who
are not also utilizing CITY OF FERNDALE water
and who are not one of the enumerated public
Nor -Bell facilities, WHATCOM COUNTY shall
provide by appropriate ordinance that any
unpaid monthly service charges of the CITY
OF FERNDALE shall constitute a lien against
the property served; and
V) WHATCOM COUNTY shall insure payment of same
during the duration of this Agreement by
remitting any unpaid monthly service charges
to the CITY OF FERNDALE within thirty (30)
days after receiving notice that same have
18.
. l
been delinquent for at least sixty (60) days
after billing; and
vi) WHATCOM COUNTY shall require that any construc-
tion pursuant to a building permit applied
for after May 1, 1982 other than single family
residential construction that is neither
within a plat or short plat be denied connection
to the tight line sewer unless it be serviced
by CITY OF FERNDALE water and be,developed
in accordance with CITY OF FERNDALE standards
to the intended end that all new residential
construction within plats and short plats
} and all new non - residential construction
which connects to the tight line sewer will
first be serviced by CITY OF FERNDALE water
and developed in accordance with CITY OF
FERNDALE standards.
d) Transmittal of Records of Authorized Connections.
Both WHATCOM COUNTY and the CITY OF FERNDALE shall
in January, April., July and October of each year transmit to
each other a copy of all sewerage connections authorized by each
during the preceding three (3) months for the purpose of insuring
the CITY OF FERNDALE is operating within its permit authority
and for the purpose of assessing the impacts on the equivalent
connections in the tight line Service Area.
e) WHATCOM COUNTY is Implementing Authority. WHATCOM
COUNTY,shall constitute the lead agency for purposes of any re-
quired analysis of the environmental impacts of this Agreement
and of any construction or development contemplated by this Agree-
ment. WHATCOM COUNTY shall also request any required authorizations
and shall bear the expense of implementing this Agreement, including
any engineering or legal expenses that may hereafter be required,
except that the CITY OF FERNDALE shall petition the Boundary
Review Board for authority to extend permanent sewer service
to the public Nor -Bell facilities and for authority to extend
sewer and /or water service to that number of the one hundred
seventy -five (175) single family residential equivalent connections
that may in the future be purchased and utilized pursuant to
this Agreement in the portion of the tight line Service Area
that is outside the CITY OF FERNDALE city limits.
19.
ti
f) Not An Agreement to Provide Services Other Than
S2ecified, to Provide Water Facilities or to Annex
Property. This Agreement is intended to provide
the opportunity for a limited number of sewerage connections
to be utilized in the limited area designated as the tight line
Service Area under the specific terms and conditions prescribed
in this Agreement. The state's policy to allow cities to control,
regulate and manage their provision of sewerage and water services
shall be paramount in construing the provisions of this Agreement.
The intent of this Agreement is to allow voluntary participation
in the benefits accorded by this Agreement to those within the
tight line Service Area who desire to utilize available equivalent
connections prescribed in this Agreement in accordance with the
controls and regulations provided for herein. This Agreement
shall in no event constitute an express or implied commitment
on the part of the CITY OF FERNDALE: i) to relinquish or minimize
the state law'and policy which vests in the CITY OF FERNDALE
the control, regulation and management of its Sewerage and water
services; ii) or to provide any Sewerage services to the tight
line Service Area in addition to the number of equivalent con-
nections prescribed by this Agreement; iii) or to provide sewerage
services to any public facilities other than the public Nor -Bell
facilities or to any area other than the tight line Service Area
on the same or similar conditions as are specified in this Agree-
ment; iv) or to provide water facilities or monies therefor to
supply its water to the users of its sewerage facilities; v)
or to alter any of its regulations or policies except as they
may pertain to this Agreement. This Agreement shall.not require
annexation as a condition for connection to the tight line force
.main sewer by those utilizing any of the one hundred seventy -five
(175) equivalent connections designated by this Agreement for
the tight,line Service Area. Nothing in this Agreement shall
.prevent the CITY OF FERNDALE from requiring annexation for extension
of any other City services to said area.
g) Amendment of Agreement. This Agreement may be
amended only by a document in writing executed with the same
formality as this Agreement.
DULY APPROVED AND AGREED to by the WHATCOM COUNTY COUNCIL
on the day of , 19$ , to be effective
on the day of , 198
20.
IF
ATTEST:
N t
2r-
What m County Executive
APPROVED:
i
BRUCE L. DISEND
Deputy Prosecuting Attorney
DULY APPROVED AND AGREED to by the FERNDALE CITY COUNCIL
on the 6th day of December, 1982, to be effective on the
day of December, 1982.
ATTEST:
RONALD S. PETERSON
City of Ferndale City Manager
ROLAND SIGNETT
City of Ferndale C erk /Treasurer
1.
21.
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