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HomeMy WebLinkAbout1992 - Water District 16 Transfer to Cityiim Tj r; Fes. S-1 i .1 P. i �,1 4% ORDINANCE NO. 10340 AN ORDINANCE RELATING TO UTILITY SERVICE EXTENSIONS, PURSUANT TO BELLINGHAM MUNICIPAL CODE CHAPTER 15.36, AND PROVIDING FOR THE ANNEXATION OF WATER DISTRICT NO. 16, TO THE CITY'S WATER SERVICE ZONE AS EXTENSION NO. 211 PURSUANT TO CERTAIN TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the Waiver District"_No. 16 ("District")idesires to have the City of Bellingham ("City") assume responsibility for providing water service to Association 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. 91-2-01611-5, by Order dated Feburary 19, 1992, the court approved the District's actions and approved "transfer of the 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, it is in the best interests of the City to,enter into an interlocal agreement with the District for the purposes herein; and WHEREAS, the Water District No. 16 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 City's Public Works Department, in accordance with BMC Section 15.36.100, has determined that it is feasible to provide service to previous customers of the District; and WHEREAS, the City's Department of Planning and Community Development, in accordance with BMC Sections 15.36.100 and 15.36.120, has previously prepared an impact report when the same properties were approved for sewer service; and 0190w (1) City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 -VI _- 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: Section 1. Description of the Parcel. The City of Bellingham hereby annexes into its water service zone as defined in BMC Section 15.36.030, Water District 16, a map of which is indicated 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 usual rate and procedural requirements contained in BMC Chapter 15. 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. 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 Association and its customers under the terms and conditions herein. 0190w (2) City of Bellingham CITY ATTORNEY 210 Lotlie Street Bellingham, Washington 98225 Telephone (206) 676-6903 Passed by the Council this 27th day of JUIV 1992. nd Press ent Approved by' me this day of 1992. 1992. - Mayor Attest: (713L I 014&k �' Fin �eDirectoA A prop d to For . Office of the City Published: 0190w (3) lyf cE 1 J. _? f a !3 : I 1 � G- City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 PI?Dpo.sc--p to#Te, s6RY&Z- ZtWE �VUIV294RY--� VIP` A• e. -WHATCOM COUNT( CIC FELL NGHAMF WA 05/24/9-1 1 :49 PM e REQUEST OF: WHATCOM C Shirlev Forsloh AUDITOR Fi': LKP DEcUTY -'t $.00 ORD BAKERVIEW INDUSTRIAL AREA w F, A ORDINANCE NO. 10340 AN ORDINANCE RELATING TO UTILITY SERVICE EXTENSIONS, PURSUANT TO BELLINGHAM MUNICIPAL CODE CHAPTER 15.36, AND PROVIDING FOR THE ANNEXATION OF WATER DISTRICT NO. 16, TO THE CITY'S WATER SERVICE ZONE AS EXTENSION NO. 211 PURSUANT TO CERTAIN TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the Water District No. 16 ("District") desires to have the City of Bellingham ("City") assume responsibility for providing water service to Association 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. 91-2-01611-5, by Order dated Feburary 19, 1992, the court approved the District's actions and approved "transfer of the 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, it is in the best interests of the City to enter into an interlocal agreement with the District for the purposes herein; and WHEREAS, the Water District No. 16 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 City's Public Works Department, in accordance with BMC Section 15.36.100, has determined that it is feasible to provide service to previous customers of the District; and WHEREAS, the City's Department of Planning and Community Development, in accordance with BMC Sections 15.36.100 and 15.36.120, has previously prepared an impact report when the same properties were approved for sewer service; and 0190w (1) City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 I 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: Section 1. Description of the Parcel. The City of Bellingham hereby annexes into its water service zone as defined in BMC Section 15.36.030, Water District 16, a map of which is indicated 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 usual rate and procedural requirements contained in BMC Chapter 15. 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. 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 Association and its customers under the terms and conditions herein. 0190w (2) City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 Passed by the Council this 27th day of July 1992. �A nci Press ent Approved by me this - day of 1992. - Mayor (71Z�L t A%) Attest: a Fin Directo A prov d to For . Office of the City y Published: �ff� 0190w (3) City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676-6903 Pi? ap o Sc= p sIERYicf �DNc� �UNI�ARY�� 3333 FOX INTERLOCAL AGREEMENT CITY OF BELLINGHAM - WATER DISTRICT NO.16 TRANSFER OF ASSETS AND SERVICE WHEREAS Water District No.16 ("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 Cause No. 91-2-01611-5, by Preliminary Order dated February 19, 1992, the court approved the District's actions and approved transfer of "the District's water distribution system, easements, franchises and rights -of way" to the City, subject to passage of the appropriate ordinance authorizing the City to so act; and, WHEREAS the City has duly passed Ordinance No. 10340 and has approved this Interlocal Agreement and the necessary utility service zone extensions to allow it to serve District customers; and, WHEREAS RCW 39.34 permits governmental agencies to enter into agreements for the purposes set forth herein, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Water District No.16 hereby agrees to transfer to the City of Bellingham its water distribution system, easements, franchises and rights -of -way, consisting of the specific items set forth in Exhibit A, attached hereto and incorporated by this reference. Such assets are City of Balll gham CITY ATTORNEY 210 lotus Street Betlingham, Washington 96225 Te*ohons (206) 6766903 transferred to the City free and clear of all encumbrances. This Agreement shall constitute a Bill of Sale of such assets. 2. The City hereby accepts transfer of such assets and agrees to provide water service to customers of the District who execute and comply with the City's standard Utility Service Zone Extension Agreement including the conditions prescribed in Ordinance No. 10340, passed July 27, 1992. 3. The District agrees to defend, indemnify, and hold the City harmless as to any claims or liabilities of any sort arising out of operations of Water District No.16 prior to the operative date of this Agreement; and, specifically, to so defend, indemnify, and hold harmless the City as to any claims arising out of the transfer of assets hereunder, the authority therefor, or the City's justifiable refusal to provide service to any customer of the District. 4. The transfer herein and assumption of water service responsibilities shall take effect only upon entry of a final Order by the above -referenced Superior Court to the effect that the District's financial responsibilities have been satisfactorily disposed of. In no event is the City responsible for outstanding financial obligations of the District, including but not limited to local improvement district financing or bond obligations. DATED this /��ay of %, 1992. WATER DISTRICT NO.16 INTERLOCAL AGREEMENT WATER DISTRICT NO.16 TRANSFER OF SERVICE Page 2 CITY OF BELLINGHAM Attest: in ce irec r City of Beukpham CITY ATTORNEY 210 Lottis Strut Bellingham, Washington 98225 Te"hone (206) 87"903 INTERLOCAL AGREEMENT WATER DISTRICT NO.16 TRANSFER OF SERVICE Page 3 Department approval: Pub 'C rks Department ppr ed as to for . v Office of the City Attorney City of Belilnpham CITY ATTORNEY 2101.ottie Sheet Bellingham, Washington 98225 Teiephons (208) 8768903