HomeMy WebLinkAboutord1989-0381
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DATE 3 -2 -89
INTRODUCED BY CONSENT
PROPOSED BY PUBLIC WORKS
ORDINANCE NO. 89 -38
AN ORDINANCE creating Whatcom County Local and Road
Improvement District No. 10 for infrastructure
improvements including road and water and sewer
installation.
WHEREAS, a petition was filed by owners of all of the property
in Appendix A to this ordinance requesting Whatcom County (the
"County ") to form a local and road improvement district for the
acquisition, installation an extension of Horton Road between the
east and west boundaries of the Cordata Business Park, including
infrastructure improvements consisting of water, sewer, curbs,
gutters, sidewalks, underground lighting, storm drainage, under-
ground utilities, street lighting and landscaping (the "Project ");
and
WHEREAS, said petition has been delivered to the Clerk of the
Council and is available for review; and
WHEREAS, said petition and the legal description attached
thereto, have been reviewed by Weden Engineering, Inc., engineering
consultants, who have delivered a certificate to this Council
stating that said petition has been signed by the owners of all
property (other than property owned by the County) within the
proposed local and road improvement district as shown on the re-
cords of the Whatcom County Auditor and the Whatcom County Trea-
surer; and
WHEREAS, all of the property owners in the proposed district
(other than the County) have waived their right to any notice of
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public hearing and the conduct of any public hearing regarding the
formation of a local and road improvement district that may be
required pursuant to RCW Chs. 36.88 and 36.94; and
WHEREAS, all of the property owners in the proposed district
(other than the County) have waived their exemption from special
benefit assessments provided by RCW 84.34.330, and said waivers are
attached hereto as Appendix B; and
WHEREAS, the signers of the petition have consented to early
foreclosure of their property upon any failure to pay any install-
ment of their assessments, respectively, and further have waived
their statutory right of redemption; and
WHEREAS, a public hearing has been held on the formation of
the proposed district, pursuant to notice duly mailed and
published;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF
WHATCOM COUNTY, as follows:
Section 1. In consideration of the petitioners' request and
specifically the waivers set forth therein, there is hereby esta-
blished, pursuant to Chapter 36.88 RCW, a local and road improve-
ment district in Whatcom County to be known and designated as
" Whatcom County Local and Road Improvement District No. 10" (here-
inafter "LRID No. 10" or "District ") . Said District shall include
all the territory described in Appendix A to this ordinance, which
is hereby incorporated by this reference.
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CMWN.162 89/02/22
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Section 2. It is hereby found that the plan for the acquisi-
tion, installation of infrastructure improvements including roads,
water, sewer, curbs, gutters, sidewalks, underground lighting,
storm drainage, underground utilities, street lighting and
landscaping (the "Project ") within LRID No. 10 is feasible and that
the benefits to be derived therefrom by the property within said
District exceed the cost and expense of the formation of said
District and the undertaking of the Project therein.
Section 3. The Project to be undertaken within LRID No. 10
consists of approximately the following:
a) 3005 lineal feet of 40 -foot wide road section constructed
to Whatcom County standards;
b) 6010 lineal feet of curbs, gutters and five -foot wide
sidewalk;
C) 3090 lineal feet of storm drain with 17 catch basins, 13
inlets and two oil separators;
d) two centralized storm detention facilities;
e) complete street lighting system;
f) 6010 lineal feet of underground power lines to be de-
signed and constructed by Puget Power and Light Company;
g) 1965 lineal feet of ductile iron water main, ten fire
hydrants, 13 gate valves and two blowoffs; and
h) 2070 lineal feet of sanitary sewer main and six manholes.
All improvements shall be in accordance with County standards.
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The County shall employ consulting engineers to perform the
professional services. All work shall be done under the super-
vision of the Whatcom County Department of Public Works. Services
shall include, but not be limited to:
• Civil engineering,
• Surveying,
• Design,
• Construction engineering,
• Inspection,
• Preparation of plans and specifications, bid documents
and other materials and services as required.
Work on the Project shall not commence, however, until the
Trillium Corporation has performed its obligations under the Con-
tractual Agreement between the County and Trillium Corporation with
respect to costs of the Horton Road improvements from the east
boundary of the Cordata Business Park and the Guide Meridian and
the Trillium Corporation has executed and an Agreement with respect
to a letter of credit or other security acceptable to the underwriter
and the County Executive in support of the payment of assessments within LRUD
No. 10.
Section 4. The total cost and expense of the acquisition and
installation of the Project is $1,130,000. All of the costs and
expenses of the Project shall be borne by the property within
proposed LRID No. 10; provided, however, that the County has
entered into an agreement with the Trillium Corporation pursuant
to which it will pay the assessments against the County -owned
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property. The costs and expenses within LRID No. 10 will be as-
sessed in accordance with benefits received.
Section 5. The County Director of Public Works is hereby
authorized and directed to undertake the Project, consistent with
the limitations of Section 3 of this ordinance.
Section 6. There is hereby created on the books of the
Whatcom County Treasurer a fund of the County, to be designated as
the " Whatcom County Local and Road Improvement District 10 Fund"
(the "LRID No. 10 Fund ").
All money collected by the County Treasurer upon any assess-
ment levied on property within LRID No. 10 for the accomplishment
of the Project shall be placed in the LRID No. 10 Fund.
Section 7. The Director of Public Works and bond counsel are
hereby directed to cause this ordinance and the petition attached
hereto to be recorded in the official records of the Whatcom County
Auditor as notice of the lien and limitations established by this
ordinance as additional public notice to the present and future
owners of any interest in the property within LRID No. 10.
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ADOPTED' this 4th day of May , 19,89.
WHATCOM COUNTY NCIL
�TCOM COUN ,� HINGTON
_ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
1
Civil Deputy WT osecuting
Attorney
G. Rfinsdy, Cha
(.l) APPROVED ( ) VETOED
I kk L &,:L
Shirley n zarWen
County Executive
Date
CMWN.162
89/02/22