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HomeMy WebLinkAboutord1987-054DATE SEPTEMBER 17, 1987 INTRODUCED BY CONSENT PROPOSED BY p»hlic Works ORDINANCE NO. 87 -54 AN ORDINANCE creating Whatcom County Local and Road Improvement District No. 9 for infrastructure improvements including road and water and sewer installation within the area known as Cordata Business Park in Whatcom County, Washington and in part in the City of Bellingham. 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 and installation of infrastructure improvements including roads, water, sewer, curbs, gutters, sidewalks, underground lighting, storm drainage, underground utilities, street lighting and landscaping, constituting Phase I and Phase II of Stage 1 of an infrastructure improvement project (collectively herein referred to as the "Projects ") in the area known as the Cordata Business Park in the County and in part in the City of Bellingham, 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 Raymond D. Weden & Associates, engineering consultants, who have delivered a certificate to this Council stating that said petition has been signed by the owners of all property within the proposed local and road improvement district as shown on the records of the Whatcom County Auditor and the Whatcom County Treasurer; and WHEREAS, all of the property owners in the proposed district have waived their right to any notice of public hearing and the conduct of any public hearing regarding the formation of a local ORDINANCE - 1 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 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, all of the property owners in the proposed district have consented to early foreclosure of their property upon any failure to pay any installment of their assessments, respectively, and further have waived their statutory right of redemption; and WHEREAS, the costs of the Projects have been funded by loans from the State of Washington Community Economic Revitalization Board ( "CERB ") under Contract Nos. C -84 -25 and C -86 -54 between the County and CERB (the "CERB Loans "); and WHEREAS, the petitioners have requested that the costs of the Project to be assessed against their properties, respectively, be payable in approximately equal annual installments in amounts sufficient to repay the CERB Loans with interest in accordance with RCW 36.88.260 and 36.94.220; WHEREAS, the City has consented to the inclusion of the property in the proposed local and road improvement district as described in the said petition which is within the boundaries of the City subject to the approval by the County of an Interlocal Agreement with respect to the annexation of the property within the proposed local and road improvement district; and WHEREAS, the County has been presented with a form of Interlocal Agreement between the. County and the City in form acceptable to this Council; NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF WHATCOM COUNTY, as follows: ORDINANCE - 2 Section 1. The County Council hereby approves the Interlocal Agreement between the County and the City of Bellingham with respect to the annexation of the property within the proposed local and improvement district, and the County Executive is hereby authorized and directed to execute the Interlocal Agreement substantially in the form attached hereto as Appendix C, with only those insubstantial changes approved by the County Executive and the County Prosecuting Attorney. Section 2. In consideration of the petitioners request and specifically the waivers set forth therein, there is hereby established, pursuant to Chapter 36.88 RCW, a local and road improvement district in Whatcom County to be known and designated as " Whatcom County Local and Road Improvement District No. 9" (hereinafter "LRID No. 9" or "District ") provided, however, that the formation of LRID No. 9 shall not be effective unless and until the Interlocal Agreement has been executed by all parties thereto, and Trillium Corporation has executed its consent thereto. Said District shall include all the territory described in Appendix A to this ordinance, which is hereby incorporated by this reference. Section 3. It is hereby found that the plan for the acquisition and installation of infrastructure improvements including roads, water, sewer, curbs, gutters, sidewalks, underground lighting, storm drainage, underground utilities, street lighting and landscaping, constituting Phase I and Phase II of Stage 1 of an infrastructure improvement project (.collectively herein referred to as the "Projects ") within LRID No. 9 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 Projects therein. ORDINANCE - 3 Section 4. The following- described Projects shall be undertaken within LRID No. 9: Phase I Phase I of the Projects under Contract No. C -84 -25 consists of the following improvements: Woods Road between Bakerview and Kellogg Roads: * 1,130 lineal feet of 36- foot -wide road section constructed to City of Bellingham standards. * 2,260 lineal feet of curbs and gutters. * 1,120 lineal feet of 5- feet -wide sidewalk. * Street lighting (5 light standards). * 2,000 feet of underground power designed and constructed by Puget Sound Power and Light Company. * 1,130 feet of 18 -inch storm drain with 3 catch basins. * 1,130 feet of 12 -inch ductile water line. * Three fire hydrants. * Five 16 -inch gate valves. * Water loop system. 1,000 lineal feet of 12 -inch ductile iron pipe from existing line within Peoples Place to Woods Road. Kellogg Road: * 1,050 lineal feet of 40- feet -wide road section constructed to Whatcom County standards. * 2,100 lineal feet of curbs, gutters, and 5- feet -wide sidewalk. * 1,050 feet of storm drain with 4 catch basins and 4 inlets. * 1,050 feet of 14 -inch ductile water main. * Two fire hydrants and one blow -off assembly. 2,000 -pound cast iron fittings. * 1,050 feet of 12 -inch sanitary sewer. * Two manholes, one clean -out, three 8 -inch side service. * 1,000 feet of underground power designed and constructed by Puget Sound Power and Light Company. * Street lighting (6 standards to comply with City of Bellingham standards). ORDINANCE -.4 All improvements shall be in accordance with City of Bellingham standards, unless specified otherwise, and in accordance with the Engineer's design and specifications. The County shall employ consulting engineers to perform the processional services. All work shall be done under the supervision 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. Phase II The Cordata Phase II improvements under Contract No. C -86 -54 to be constructed by the County consist of: construction of Woods Road beginning at Kellogg Road and extending north to Horton Road and construction of Kellogg Road between Woods Road and Meridian Street. Both roadways will be divided arterials and shall include curbs and .gutters, sidewalks, storm drainage, sanitary sewer systems including a pump station, water mains, street lighting and landscaping. Section 5. The total cost and expense of the Projects is $544,448 with respect to Stage 1, Phase I and $2,583,593 with respect to Stage 1, Phase II. All of the costs and expenses of the Project shall be borne by the property within proposed LRID No. 9 except that the County shall contribute $75,000 to the payment of costs within Phase I as provided on Exhibit D to Appendix A hereto. The petitioners shall pay all legal and engineering costs of formation of LRID No. 9 directly upon receipt of any billing therefor which has been approved by the Director of Public Works. Said costs and expenses will be ORDINANCE - 5 assessed in accordance with benefits received, and in accordance with the preliminary assessment roll included within Exhibit D and E to Appendix A hereto. The County Council hereby designates the County Council meeting on , 1987 as the hearing date for the final 1987 assessment roll. The Director of Public Works, the County's consulting engineers and bond counsel are hereby directed to publish and mail notice of said public hearing. Assessments shall be payable in cash within sixty days of a date hereinafter to be set by the County Treasurer pursuant to law. The amount of the final assessments, together with interest and provisions for penalty, shall, upon confirmation of the assessment roll by the Council, become a lien upon each lot within LRID No. 9 from the time said assessment roll is placed in the hands of the County Treasurer for collection. Section 6. The County Director of Public Works is hereby authorized and directed to undertake the Projects. Section 7. 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 9 Fund" (the "LRID No. 9 Fund "). All money collected by the County Treasurer upon any assess- ment levied on property within LRID No. 9 for the accomplishment of the Project shall be placed in the LRID No. 9 Fund. Money in said Fund shall be used to repay the CERB Loans in accordance with the terms thereof, and additional moneys therein, if any, shall be distributed as hereafter directed by the Council. Section 8. 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 ORDINANCE - 6 present and future owners of any interest in the property within LRID No. 9. Section 9. Upon the formation of LRID No. 9 and the levying of assessments therein and following the payment in full of the initial installment of assessments therein not later than October 31, 1987, the County agrees that its Contractual Agreement with Trillium Corporation dated as of July 6, 1984, as amended, and its Contractual Agreement with Trillium Corporation dated as of July 30, 1986 may be terminated. Upon the termination of said Contractual Agreements, the Director of Public Works shall reconvey the County's interests in property granted to the County under said Contractual Agreements. PASSED this 1st day of October , 1987, WHATCOM COUNTY COUNCIL WHA�TCOOMM COUNTY, WASHINGTON WTT.T.TAM1 . ROH .T.,, VICE CHAIRRMAf N ATTEST: APPROVED ( ) VETOED Z C fit. IL Clerk of the Co cil Shirley VaLn Zant County Executive October 1, 1987 Date APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney Published on No notice of intro, and 10/7/87 This ordinance will become effective on invalid ORDINANCE - 7 PETITION FOR FORMATiO,l OF LOCAL AND ROAD IMPROVEMENT DISTRICT The undersigned 'hereby petition Whatcom County for the formation of a local and road improvement district. Nature and Territorial Extent of Improvements. The nature of the improvements include the acquisition and installation of infras-z;ructu�.= improvements including roads, water, sewer, curbs, gutters, sidewalks, underground lighting, storm drainage, underground utilities, street lighting and landscaping within an area commonly ;mown as the Cordata Business Park. The territorial extent of the proposed local and road improvement district legally described on Exhibit h, attached hereto and incorporated by this reference herein. The improvements constitute Phase I and Phase II of Stage 1 of an infrastructure improvement project to be funded by loans the State of Washington Community Economic Revitalization Board ( "CERB ") under Contract Nos. C-84 -25 and C- 86 -54 between CERB and the County, described with particularity on Exhibit B attached hereto and incorporated by reference herein. A map of the proposed local and road improvement district is attached hereto as Exhibit C, and the map shows the location of the improvements. II. Mode of Payment. The mode of payment for the proposed improvement project shall be special assessments to be levied on the property specially benefited by the improvc-�--men:s in accordance with the special benefits received. Assessments shall be levied in an amount equal to one hundred percent of the cost and expense of the improvements. Payments of installments shall be as shown on Exhibits D (Phase I) and E (Phase II) hereto. Assessments with respect to each Contract, unless prepaid, shall be payable in approximately equal annual installments of principal and interest in accordance with RCW 36.88.260 and 36.94.220. In addition, all legal and administrative fees in connection with the establishment of this improvement district shall be paid by the undersigned, jointly and severally, and shall not be included in the total costs to be assessed under the improvement district. The undersigned hereby agree that they will make arrangements satisfactory to the County for the payment of such fees and expenses and acknowledge that the County shall proceed with the formation of said Local and Road Improvement District in reliance upon this agreement, among others, set forth herein by the petitioners. III. Ownership of Property by Petitioners The undersigned petitioners are the owners of all of the pro- perty within the proposed local and road improvement district as shown by the records in the office of the Whatcom County Auditor and in the office of the Whatcom County Treasurer. The undersigned have not conveyed any interest in the property to any other person. IV. Waiver of Notices The undersigned hereby further waive any notice published or written of public hearing and the conduct of any public hearing which may be required under RCW Ch. 36.88 and Ch. 36.94 on the formation of said local and road improvement district and for the levying of the assessments therein in the amounts shown on Exhibits D and E attached hereto. The undersigned hereby request that the engineer for the County prepare an assessment roll which allocates the said total assessments as shown on Exhibits D and E among all of the property within the proposed local and road improvement district in accordance with the benefits conferred thereon. The undersigned shall be notified by mail of the assessment to be levied against their property prior to the confirmation of the final assessment roll by the County Council. V. Earlv Foreclosure Under state law, the assessments levied in a local or road improvement district become a lien against the property. If an assessment is not paid within the thirty (30) day prepayment period or within the time permitted for the payment of assessments in installments, the assessment is delinquent. If on the first day of January of any year, two installments of any assessment are delinquent, the county shall proceed with the foreclosure of all delinquent assessments by proceeding in superior court in the County. RCW 36.88.140 and 35.50.030. The petitioners desire, as a condition to the County's forming Local /Road Improvement District No. 9, to waive their right to have the foreclosure of delinquent assessments postponed until the. January after two installments of any assessment are delinquent. The petitioners agree that whenever any Local /Road Improvement District No. 9 assessment has been delinquent for more than thirty (30) days, the County Treasurer may immediately proceed with foreclosing the entire amount of unpaid assessments, including the assessments that are not yet due and owing, in a proceeding in superior court in Whatcom County. The petitioners agree that the manner of foreclosing assessments shall be as set forth in RCW 35.50, as now or hereafter amended. -2- CMW2174 87/08/11 VI. Waiving the Right of Redemption Under state law, all s foreclosure of delinque assessments are subject years from the date of desire, as a condition Improvement District No. of any property within their right of redempti parties that now or herea Local /Road Improvement Di Respectfully submitted, ales nt local or to the right sale. RCW to the C 9, to waive, Local /Road I on and the fter have an strict No. 9. of property brought for the road improvement district of redemption within two 35.50.270. The petitioners ounty's forming Local /Road in the event of foreclosure mprovement District No. 9, right of redemption of all interest in property within A�- W'�r� (signature) (signature) David R. Syre (printed name) August 26, 1987 (Date) Cordata I Limited Partnership (printed name)By: David R. Syre August 26, 1987 (Date) lbzct' -�- 4XL."— (si natu e) 0 U (signature) Kay E. Syre, by David R. Syre her attorney (printed name) in fact. (printed name) August 26, 1987 (Date) (signature) The Trillium Corporation (printed name) By; David R. Syre, President August 26. 1987 (Date) (signature) (Date) (signature) (printed name) (Date) (signature) -3- CMW2174 87/08/11 INTERLOCAL AGREEMENT BY AND BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM This Interlocal Agreement, made this day of , 1987, between WHATCOM COUNTY, a political subdivision of the State of Washington (the "County ") and the CITY OF BELLINGHAM, a muni- cipal corporation of the State of Washington (the "City "). WHEREAS, Trillium Corporation, a Washington corporation ( "Trillium ") has requested that the County sponsor a community economic revitalization low interest loan for the design and construction of sections of roads and installations of utilities for the purpose of providing egress and ingress and necessary utility services for a planned unit development industrial park; and WHEREAS, the County has obtained said loans and has executed Contract Nos. C -84 -25 and C -86 -54 (the "CERB Loans ") with the State of Washington Community Economic Revitalization Board ( "CERB ") in order to provide Phase I and Phase II of Stage 1 of said improvement projects (the "Projects"); and WHEREAS, the County and City have heretofore entered into Interlocal Agreements under dates of March 8, 1984 and July 30, 1986 and Public Facilities Construction Agreements under dates of July 16, 1984 and July 30, 1986 with respect to the undertaking of the Projects, which provide in part that the County will convey the Projects to the City upon their respect completion dates; and WHEREAS, the County and the City have entered into Contrac- tual Agreements under dates of July 6, 1984, as amended through September 25, 1985, and July 30, 1986 under which Trillium has agreed to reimburse the County for all amounts paid by the County under the CERB Loans (or the City in the event that the City acquired the Projects prior to full repayment of the CERB Loans); and WHEREAS, Trillium has requested that the County form a local and road improvement district in order to assess the costs of the Projects (equal to the unpaid balance of the CERB Loans) against all of the property within the Cordata Business Park benefited by the Projects; and WHEREAS, petitions have been presented to the County for the formation of said local and road improvement district; and WHEREAS, a portion of the property to be included in the proposed local and road improvement district is within the boundaries of the City; NOW, THEREFORE, it is mutually agreed and understood between the parties as follows: Section 1. Purpose of Agreement. The purpose of this agreement is as follows: (a) The City approves the formation by the County of a local and road improvement district, as described in the petition, attached hereto and incorporated by reference herein, to include the property described therein. (b) The City agrees that the County may assess the remaining unpaid balance of the CERB Loans against the property within said local and improvement district in accordance with the benefits conferred thereon. (c) The City consents to the inclusion in said proposed local and road improvement district of the property shown on Exhibit A which is within the boundaries of the City upon the condition that all of said owners of the property join in the petition for the formation of said local and road improvement district. (d) The City agrees that upon the formation of said local and road improvement district and the levying of assessments therein, the County may terminate its Contractual Agreement with Trillium dated as of July 6, 1984, as amended to the current date, and its Contractual Agreement with Trillium dated as of July 30, 1986, as amended to the current date and furthermore may reconvey its interests in property granted to the County under (1) the deed of trust dated as of June 22, 1984 from David and Kay Syre for the benefit of the County, (2) the deed of trust dated as of November 27, 1984 from David and Kay Syre for the benefit of the County, (3) the Real Property Security Agreement dated as of July 30, 1986 between Trillium and the County, and (4) the Deed of Trust dated as of July 22, 1986 from David and Kay Syre for the benefit of the County. (e) The City and County hereby reconfirm their understandings set forth in the Agreement to Provide Utilities and to Seek Annexation - Cordata Site, dated as of October 4, 1985, (the "Annexation Agreement ") with the following additional provisions: 1. The formation and administration of the County's local and road improvement district shall not affect -2- CMW2208 87/08/26 the effective dates of annexation of the Cordata site to the City. 2. Prior to the annexation of Stages I and II, the County shall administer the collection and application of assessments, the segregation of assessments and the foreclosure and sale of property upon any delinquent assessments as provided by then applicable law. 3. Section 4 of the Annexation Agreement is amended to read as follows: "4. CERB LOAN SECURITY. a. Following the annexation of Stages I and II, the City shall assume the balance, if any, remaining unpaid on the CERB Loans, but only if such assumption is consented to by CERB, and the City shall cooperate with the City in the application to CERB for the transfer to and assumption by the City of the obligations of the CERB Loans. b. If the City assumes the CERB Loans, the City, at its option, may assume the administration of the local and road improvement district. If the City elects to assume the administration of the local and road improvement district, the County agrees that it will deliver to the County any assessment payments on hand and properties then held as a result of such foreclosure, together with the remaining uncollected assessment roll to the City. Following any such transfer and assumption, the County shall thereafter be relieved of any obligation under the CERB Loans and any further obligations in connection with the administration of the local and road improvement district assessment roll, and the City shall indemnify and hold the County harmless for any actions arising in connection with the City's administration of the CERB Loans and the local and road improvement district. 4. As amended by this agreement, the Annexation Agreement is ratified, confirmed and approved, and Trillium joins in this agreement expressly to confirm its approval of this agreement and the Annexation Agreement. Section 2. General Provisions. This agreement contains the terms and conditions agreed upon by the parties. The parties agree that there are no other understanding, oral or otherwise, regarding the subject matter of this agreement. -3- CMW2208 87/08/26 Indemnification and Hold Harmless: The County shall protect, defend, save harmless and indemnify the City from and against all claims, suits and actions arising from negligent acts or omissions of the County or authorized contractors or subcontractors and the agents or employees of either in the performance of this agreement. Modification: No changes or additions to this agreement shall be valid or binding on either party unless such changes or additions shall be in writing executed by both parties. Termination: If the County fails to comply fully with the terms or conditions of this agreement, the City may pursue such remedies as are legally available including, but not limited to, the suspension of this agreement in the manner specified herein: Suspension or Termination for Cause: If the County is unable to substantiate full compliance with the provisions of this agreement, the City may suspend or terminate the agreement pending corrective acts or investigation, which suspension or termination shall be effective upon seven (7) days written notification to the County or its authorized representative. Venue Stipulation: This agreement has been and shall be construed as having been made and delivered within the State of Washington, both as to interpretation and performance. Non - Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements of this agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year hereafter indicated. WHATCOM COUNTY By SHIRLEY VAN ZANTEN County Executive -4- CMW2208 87/08/26 ATTEST: Clerk of the Council Dated this day of APPROVED AS TO FORM: Deputy Prosecuting Attorney ATTEST: Lynn Carpenter, Finance Director 1987. CITY OF BELLINGHAM By TIM DOUGLAS, Mayor Dated this day of , 1987. CONSENTED TO AND APPROVED: TRILLIUM CORPORATION David Syre, President Dated this day of , 1987. -5- CMW2208 87/08/26