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HomeMy WebLinkAboutres1982-0591 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 - 11/22/82 9 DATE: November 23 , 1982 INTRODUCED BY: Cole PROPOSED BY,,' Cole RESOLUTION NO. 82 -59 A RESOLUTION ACCEPTING THE NOR -BELL WASTEWATER FACILITY PLAN FOR THE CONSTRUCTION OF A SIX - INCH FORCE SEWER LINE FOR PUBLIC ENTITIES INCLUDING NOR -BELL NURSING HOME, NORTH BELLINGHAM SCHOOL, AND OTHER STRUCTURES AND BUILDINGS WITHIN THE COUNTY -OWNED 160 ACRES AT THE INTERSECTION OF SMITH AND NORTHWEST ROADS AND PROVIDING FOR THE SALE OF AN ADDITIONAL 175 EQUIVALENT RESI- DENTIAL 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 AND PROVIDING FOR THE UPGRADING AND ENLARGEMENT OF THE CITY OF FERNDALE SEWAGE TREATMENT PLANT AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACTUAL AGREEMENT BY AND BETWEEN THE STATE OF WASHINGTON DEPART- MENT OF ECOLOGY AND WHATCOM COUNTY, THE CITY OF FERNDALE AND WHATCOMCOUNTY, THE OTHER PUBLIC ENTITIES AND WHATCOM COUNTY, AND HARPER OWES AND WHATCOM COUNTY, AND PROVIDING FOR THE FINANCING OF SAID PROJECT AND AMENDING RESOLUTION NO. 82 -43 PASSED THE 5TH DAY OF AUGUST, 1982, A RESOLUTION AMENDING RESOLUTIONS 82 -42 AND 82 -40, AND REPEAL- ING RESOLUTION NO.'S 82 -43, 82 -42 AND 82 -40 WHEREAS, the Whatcom County Council did adopt Resolution No. X82 -40 on July 6, 1982, Resolution No. 82 -42 on July 15, 1982, and Resolution No. 82 -43 on August.5, 1982; and WHEREAS, the Whatcom,County Council deems it necessary for the public health, safety and welfare to provide adequate and safe sanitary facilities for the Nor -Bell public -owned facilities and the upgrading and enlargement of the City of Ferndale sewage treatement plant; and WHEREAS, the State of Washington Department of Ecology has jagreed to pay Fifty Percent (50%) of the cost of the facilities for the public entities; NOW, THEREFORE, BE IT RESOLVED; Section 1. The Whatcom County Council hereby authorizes the County Execut: Ito proceed with the project described in Exhibit "D ", provided that the terms and conditions of this Resolution are met. The Whatcom IRESOLUTION - 1. eve 1 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 County Council authorizes the County Executive to enter into the contractual agreement attached hereto and labeled Exhibit "C ", by and between Whatcom County and the City of Ferndale, for the purpose of constructing and maintaining a six. -inch force sewer main and the upgrading and enlargement of the City of Ferndale sewage treatment plant and further authorizes the County Executive to enter into a contract with the State of Washington Department of Ecology for the purpose of obtaining funding in the minimum amount of $700,000 for said project and, lurthe•r authorizes the County Executive to enter into contractual agreements with the Ferndale School District, the Whatcom Commumity College, Whatcom County Rural Library District, the Nor -Bell Nursing Home and other County, -owned facilities for the provision of sewer facilities, and services within the service area described in Exhibit ''A'A . Section 2. The Whatcom County Council hereby authorizes the County Execut ve, in accordance with the terms herein, to extend the existing contrac tual agreement by and between'Harper�Owes, consulting project engin er, and Whatcom County-for the purpose of preparing agreements and documents necessary-for submittal to the State of Washington Depart ment of Ecology and for completing the design of a force main, preparation of the engineering report, and design and letting of bids for the upgrading and enlargement of the City of Ferndale sewage treatment plant, Section 3. The Whatcom County Council hereby authorizes the County Execut ve, in accordance with and in compliance wi.th.the terms and conditions herein, to enter into Sewer Connection Agreements (conforming to •th attached Exhibit "B ") with the property owners whose properties lie within the service area described in Exhibit ''A'', for connection in lo the six,inch force main between Byers Road and the Axton Road pump lstation along Smith Road and Barrett Road. provided, however, that IRESOLUTION - 2. 1 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 this Resolution shall not operate to force any property owner to involuntarily connect to the sewer line or to purchase sewer connections. The total number of sewer connections authorized for sale shall not exceed 175 equivalent residential connections. (An "equivalent residential connection" shall be defined as defined in Exhibit "C ". In order to equitably distribute the benefits of the sewer and to provide a broad base of revenue, no more than 35 residentia equivalent connections may be purchased by any one party (includin related or affiliated persons or businesses) within any twelve (12 month period, provided, however the total sold to any one party be limited to 85. The fees for connection to the sewer shall be as set forth in the attached document dated November 24, 1982, entitled "Nor- Bell Force Main Project Proposed, Connection Fees ", the document being an attachment to Exhibit "B" (Sewer Connection Agreement). All property owners within the service area described in Exhibit "A ",,whose properties abut the rights of way described herein, shall be given advance notice of the opportunity to purchase connections. Connections shall then be sold on a first- come - first - serviced basib, except that those property owners purchasing five or less residential equivalent connections shall have preference in the sale of available connections. The connections to the force main will be the responsibility of the local users. This resolution neither prevents nor requires annexation. Annexation to the City of,Ferndale shall not be required for connection to the sewer line and the agreements referenced as Exhibits "B" and "C" shall set forth this provision. Section 4. The project will include expansion and upgrading of the City RESOLUTION - 3. 1 of Ferndale sewage treatment plant and pump station. The City of 2 Ferndale will be provided capacity for 1984 flows plus 220 addi- 3 tional equivalent residential connections. Wastewater treatment 4 plant performance will meet the State of Washington Department of 5 Ecology requirements. 6 The maximum cost for the force main and the expansion and upgrading of the City of 7 Ferndale treatment plant is projected to be $1,608,000 8 The minimum State of Washington Department of Ecology grant is projected to be: 700,000 9 The maximum total local share is 908,000 10 The total local share would be paid as follows: 11 City of Ferndale $337,000 12 Private connections $175,000 13- Nor -Bell and other Public Facilities $396,000 14 15 Section 5. 16 It is.the intent of the Whatcom County Council to issue a 17 Councilmanic Bond for the local share in the amount of approximately 18 $585,000, which includes the cost of issuing the bonds. Annual bonc 19 payments will „be approximately $82,700 for a fifteen (15) year 20 period. The annual 'payments of the public entities for fifteen (15) 21 years would be: 22 Nor -Bell Nursing Home $ 25,000 23 County Garage 4,200 North Bellingham School 4,200 24 Whatcom Community College 4,200 25 Rural Library 600 26 The deficit between the annual bond payments and the annual 27 payments from private sewer connection purchase and the public 28 entities will be paid from the County Real Estate Excise Tax 29 Capital Expenditure Fund, and from other County revenues, if 30 required. 31 / 32 / RESOLUTION - 4. 1 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 The County Executive shall not proceed with construction of th project unless and until he has obtained agreements for the purchas of at least forty (40) connections. Further, this resolution shall not become effective until the County Executive has determine to the best of his knowledge that the property owners involved are I likely to fulfill the obligations under this agreement and have the legal authority to encumber the real property to be pledged as security and have unencumbered equity in the real property to be pledged as security that is sufficient to protect the County's interests. All contracts authorized by this resolution are to be approved as to form by the Prosecuting Attorney's office. Section 7. A description of the project authorized by this resolution is contained in Exhibit "D ", attached hereto. Any substantial changes in the project or in any of the terms and conditions set forth in .s � this resolution shall require further approval by the County Council, prior to proceeding with construction. Section 8. Resolution Numbered 82 -40, 82 -42, and 82 -43 are hereby repeale PASSED this 22nd day of November 1982. WHATCOM COUNTY COUNCIL WHAT,,C,,O //MCOUNTY, WASH�IINNG,TON William P. Roehl, Chairman ATTEST: C16A'-of the Co ci 1 EXHIBIT "D" NOR -BELL WASTEWATER PROJECT Force -Main to Ferndale The public entities in the vicinity of the Nor -Bell Nursing Home would be served by a 6 -inch force -main connected to the Axton Road pump station in Ferndale. The force -main would lie in public right -of -way along Smith Road and Barrett Road. The capacity of the pump station to be located near the Nor -Bell Nursing Home would be sufficient for projected year 2000 flows from the public entities (Nor -Bell Nursing Home, County Garage, North Bellingham School, Whatcom Community College and Whatcom County Library). The capacity in the force -main would be sufficient for the year 2000 flows from the public entities and 175 additional equivalent residential users. Said addi- tional 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 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 in the Official Whatcom County Zoning Ordinance Title 20, and property within the City of Ferndale city limits which is zoned Highway Commercial. Connections to the force -main by the equivalent residential users will require a local pump station and will be the responsibility of the local users. This alternative will also involve expansion and up- grading of the Ferndale wastewater treatment plant. The City of Ferndale will be provided capacity for 1984 flows plus 200 additional equivalent residential connections. Wastewater treatment plant performance will meet Department of Ecology requirements.