HomeMy WebLinkAboutres1982-062VRAFT II
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DATE: November 18, 1982
RESOLUTION NO.
INTRODUCED BY: Hansey
PROPOSED BY; Sewer Dist. #2
82 -62
A RESOLUTION APPROVING AN AMENDMENT TO WHATCOM
COUNTY SEWER DISTRICT NO. 21S GENERAL COMREHEN-
SIVE SEWER PLAN IN ACCORDANCE WITH THAT DISTRICT!
SEWER DISTRICT NO. 2 OF WHATCOM COUNTY, WASHINGTON
RESOLUTION NO. :7-6
. A RESOLUTION of the Board of Commissioners of Sewer District No. 2 of
.w Whatcom County, Washington amending the General Comprehensive Sewer
Plan adopted by Resolution No. 4 and as amended by Resolution No. 9 -A 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 -682R
WHEREAS the Board of Commissioners of Sewer District No. 2 of Whatcom
County, Washington heretofore adopted Resolution No. 4 adopting a General
Comprehensive Sewer Plan for the District effective April 19, 1978; and by
Resolution No. 9 -A said Resolution No. 4 was amended effective as of July 31, 1979;
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.
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 -A adopted August 29, 1979, effective
as of July 31, 1979, amending Resolution No. 4 adopting a General Comprehensive
Sewer Plan for the District is hereby cancelled and rescinded; and
BE IT FURTHER RESOLVED that the General Comprehensive Sewer Plan for
the District adopted by Resolution No. 4 of the Board of Commissioners as
aforesaid is amended effective this date as follows:
-Section 1.0 entitled "The Sewer System ", and each section numbered 1.1
through 1.9 is hereby cancelled and rescinded and Section 1.0 shall read as follows:
9.0 The Sewer System.
1.1 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 -6828. 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.
1.
{:
SEWER DISTRICT NO. 2 OF WHATCOM COUNTY, WASHINGTON
RESOLUTION NO. :7-6
. A RESOLUTION of the Board of Commissioners of Sewer District No. 2 of
.w Whatcom County, Washington amending the General Comprehensive Sewer
Plan adopted by Resolution No. 4 and as amended by Resolution No. 9 -A 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 -682R
WHEREAS the Board of Commissioners of Sewer District No. 2 of Whatcom
County, Washington heretofore adopted Resolution No. 4 adopting a General
Comprehensive Sewer Plan for the District effective April 19, 1978; and by
Resolution No. 9 -A said Resolution No. 4 was amended effective as of July 31, 1979;
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.
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 -A adopted August 29, 1979, effective
as of July 31, 1979, amending Resolution No. 4 adopting a General Comprehensive
Sewer Plan for the District is hereby cancelled and rescinded; and
BE IT FURTHER RESOLVED that the General Comprehensive Sewer Plan for
the District adopted by Resolution No. 4 of the Board of Commissioners as
aforesaid is amended effective this date as follows:
-Section 1.0 entitled "The Sewer System ", and each section numbered 1.1
through 1.9 is hereby cancelled and rescinded and Section 1.0 shall read as follows:
9.0 The Sewer System.
1.1 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 -6828. 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.
1.
1.2 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 among the
lands of the District, and the amounts as allocated to each such tract or 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 2.0 entitled "Service Within or Without the District; Contract;
Reimbursement" is cancelled and rescinded.
Section 3.0 entitled "Financing Costs of General Comprehensive Sewer Plan"
is cancelled and rescinded and in lieu thereof, said Section 3.0 is renumbered to
"Section 2.0" and shall read as follows:
112.0 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.
- 2.1 Utility Local Improvement District; Assessments. It is a part of this
General Comprehensive Sewer Plan us .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.
2.2 Revenue Bonds. The cost of carrying out the General Comprehensive
Sewer flan 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
2.
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 $1`0.,000.00 to defray the costs of carrying out and
completing the General Comprehensive Sewer Plan as amended as herein acbpted
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 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.
3.0 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 SEWER COMMISSIONERS OF SEWER
DISTRICT NO. 2 OF WHATCOM COUNTY, WASHINGTON at its regular meeting
held die 24th day of August , 1982.
ATTEST:
Secretary and Commissioner
resident and ommissioner
CSmmissioner
Commissioner
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