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Home My WebLink About1993 - Water District 9 Transfer to CityECEILVED 12Z (� MAP �. �4 PUBLIC WORKS OPERATIONS ORDINANCE NO. 10408 `� 1 Lk , AN ORDINANCE RELATING TO UTILITY SERVICE EXTENSIONS, PURSUANT TO BELLINGHAM MUNICIPAL CODE CHAPTER 15.36, AND PROVIDING FOR THE ANNEXATION OF WATER DISTRICT NO. 9 TO THE CITY'S WATER SERVICE'ZONE AS EXTENSION NO. 215 PURSUANT TO CERTAIN TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Water District No. 9 ("District") desires to have the City of Bellingham ("City") assume responsibility for providing water service to District customers; and WHEREAS, the District has taken appropriate steps in accordance with applicable law to accomplish a transfer to the City of assets it owns which are necessary for water distribution; and WHEREAS, in Whatcom County Superior Court Case No. 92-2-01207-0, by Order dated January 7, 1993, the court approved the District's actions and approved "transfer of the Water District's water distribution system, easements, franchises and right-of-ways" to the City, subject to passage of the appropriate ordinance authorizing the City to act; and WHEREAS, the District on behalf of its customers has submitted an application for inclusion in the City's Water service zone as prescribed by Bellingham Municipal Code ("BMC") Chapter 15.36; and WHEREAS, the District has been a long standing customer of the City's water system; and WHEREAS, the Public Works Department and Planning Department have determined that transfer is feasible; and WHEREAS, the matter was thereafter considered by the City Council and the said Council hereby finds that the best interests of the City would be served by authorizing such service if certain conditions to development are imposed; NOW, THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: City of Bellingham CITY ATTORNEY 083 9 L (1) 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 Section 1. Description of the Zone. The City of Bellingham hereby annexes into its water service zone as defined in BMC Section 15.36.030 all properties served by the District at the effective date of this Ordinance and all properties adjacent to the water mains of the District that are located within the urban service area of the City as it now exists. See the map on Attachment "A". Section 2. Compliance with Conditions by Contract. Prior to the effective date of this ordinance, a contract shall be prepared, setting forth the terms and conditions upon which service is granted, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City, provided that the said contract incorporates the terms and conditions set forth below. Section 3. Terms to be Included within Contract. The City of Bellingham shall be under no obligation whatsoever to provide service unless the applicant executes a contract which shall constitute a covenant running with the land and which shall include the following conditions: A. Usual water service rate and procedural requirements contained in BMC Chapter 15. B. No new services shall be provided outside the urban service area of the City as it exists now or is modified by the City; provided, that those services sold by the District but not yet used may be connected within three years after the effective date of this Ordinance. Services not connected within three years of the effective date of this Ordinance shall be considered abandoned by the City and will not be connected in the future. C. New services within the urban service area of the City are subject to the development standards of the City. Section 4. In the event any provision of this ordinance or the agreement referred to in Section 2, above, is declared unenforceable, the `City shall be under no obligation to provide service. 0839L (2) City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham. Washington 98225 Telephone (206) 676-6903 Section 5. The City hereby agrees to assume responsibilities for water service to the customers of the District, and the Mayor is authorized to enter into an interlocal agreement with the District and its customers under the terms and conditions herein. PASSED by the Council this 8th day of March 1993. C uncil P esident APPROVED by me this 11th day of Mayor ATTEST: Fin qn inqn Di rect APPROV qDAS TO FORM: Office of the ity A rney PUBLISHED: / 0839L (3) March , 1993. City of Bellingham CITY ATTORNEY 210 Loltie Street Bellingham, Washington 98225 Telephone (206) 676-6903 i �' • . •It'•�WYgMu•• ��gyY•Y •wYwi.wwY • IYww,lY,wn • .I 1 � i11� 1 •t �\ Y� \1 \ 16 n 1 " •�_ 1 �� ' L 1 ` C• ,� �•l t `I• r �ny OOZ ` Ir \\A ------------- .J.• •�� _ ` bra..• �1 I�•pp 005 ... Syr 't O •t1 \!� I ... `'`.•''.c ••~ O 1A RECEIVED 12&) Zr MAR PUBLIC WORKS OPERATIONS i` �- - -ems' ORDINANCE NO. 10408 l; LL' 7I Copy _ �� rY AN ORDINANCE RELATING TO UTILITY SERVICE EXTENSIONS, PURSUANT TO - BELLINGHAM MUNICIPAL CODE CHAPTER 15.36, AND PROVIDING FOR THE ANNEXATION OF WATER DISTRICT NO. 9 TO THE CITY'S WATER SERVICE'ZONE AS EXTENSION NO. 215 PURSUANT TO CERTAIN TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Water District No. 9 ("District") desires to have the City of Bellingham ("City") assume responsibility for providing water service to District customers; and WHEREAS, the District has taken appropriate steps in accordance with applicable law to accomplish a transfer to the City of assets it owns which are necessary for water distribution; and WHEREAS, in Whatcom County Superior Court Case No. 92-2-01207-0, by Order dated January 7, 1993, the court approved the District's actions and approved "transfer of the Water District's water distribution system, easements, franchises and right-of-ways" to the City, subject to passage of the appropriate ordinance authorizing the City to act; and WHEREAS, the District on behalf of its customers has submitted an application for inclusion in the City's Water service zone as prescribed by Bellingham Municipal Code ("BMC") Chapter 15.36; and WHEREAS, the District has been a long standing customer of the City's water system; and WHEREAS, the Public Works Department and Planning Department have determined that transfer is feasible; and WHEREAS, the matter was thereafter considered by the City Council and the said Council hereby finds that the best interests of the City would be served by authorizing such service if certain conditions to development are imposed; NOW, THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: City of Bellingham CITY ATTORNEY 083 9 L (1) 210 t.ottie street Bellingham, Washington 98225 Telephone (206) 676.6903 CC, I'Ll Section 1. Description of the Zone. The City of Bellingham hereby annexes into its water service zone as defined in BMC Section 15.36.030 all properties served by the District at the effective date of this Ordinance and all properties adjacent to the water mains of the District that are located within the urban service area of the City as it now exists. See the map on Attachment "A". Section 2. Compliance with Conditions by Contract. Prior to the effective date of this ordinance, a contract shall be prepared, setting forth the terms and conditions upon which service is granted, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City, provided that the said contract incorporates the terms and conditions set forth below. Section 3. Terms to be Included within Contract. The City of Bellingham shall be under no obligation whatsoever to provide service unless the applicant executes a contract which shall constitute a covenant running with the land and which shall include the following conditions: A. Usual water service rate and procedural requirements contained in BMC Chapter 15. B. No new services shall be provided outside the urban service area of the City as it exists now or is modified by the City; provided, that those services sold by the District but not yet used may be connected within three years after the effective date of this Ordinance. Services not connected within three years of the effective date of this Ordinance shall be considered abandoned by the City and will not be connected in the future.. C. New services within the urban service area of the City are subject to the development standards of the City. Section 4. In the event any provision of this ordinance or the agreement referred to in Section 2, above, is declared unenforceable, the City shall be under no obligation to provide service. 0839L (2) City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 Section 5. The City hereby agrees to assume responsibilities for water service to the customers of the District, and the Mayor is authorized to enter into an interlocal agreement with the District and its customers under the terms and conditions herein. PASSED by the Council this 81-h� day of �.T Marsh 1993. C uncil P esident APPROVED by me this 11th day of Mayor ATTEST: Fin T Direc AP ROY D AS TO FORM: Office of the -City A rney PUBLISHED: - 3 P 0839L (3) March , 1993. File No: 9-_:0 5 4 1 -8 City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 I ----------- -Our - z ----- 4- WHAT :OM CQUNTH( BELL INGHM WA A5/24/93 1:51 PM REQUrr;*S_,T OF: WHATCOM C Shirley Forsloig AUDITOR BY: LKi DEPUTY D LL_