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HomeMy WebLinkAboutR-1681 - Denying without prejudice a utility variance for water service without sewer for Tenaska Power Partners, L.P. for property located South of 188th StreCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.1681 A RESOLUTION OF THE CITY OF MARYSVILLE DENYING WITHOUT PREJUDICE A UTILITY VARIANCE FOR WATER SERVICE WITHOUT SEWER FOR TENASKA POWER PARTNERS, L.P. FORPROPERTYLOCATED SOUTH OF 188TH STREET,EAST OF 59TH DRIVE, WEST OF 67TH AVENUE, AND NORTH OF 172ND STREET IN THE CITY OF ARLINGTON. WHEREAS,on February 25,1994 Tenaska Power Partners,L.P. requested a water service for an industrial facility to be located in the vicinity of the Arlington Airport in Arlington, Washington;and WHEREAS,on April 11,1994 and on April 15,1994 the City of Marysville held public meetings concerning the applicant's request for water service and request for a variance from the City's RUSA code for water service without sewer outside of the City's RUSA and CWSP boundaries;and WHEREAS,the City Council of the City of Marysville makes the following findings: 1.The City has received several inquiries concerning the availability of water service for large industrial users which are participating in an RFP process sponsored by PUD No.1 of Snohomish County. 2.The City is not able at this time to make irrevocable commitments to each of the parties which may request high volume water service for such power generation facilities. 3.In order to review the various requests for water service and in order to show its commitment to providing water to the successful applicant in the PUD's RFP process,subject to meeting certain specified conditions,the City adopted Resolution No.1680.Resolution No.1680 is hereby incorporated by this reference. 4.Until a final selection of the successful party through the PUD's RFP process is made,the City will be unable to make a firm commitment for water utility service to a specific participant in the RFP process,and as such,each of the criteria for a variance as set forth in MMC 14.32.060 have not been met. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The variance for the applicant's connection to City water without sewer for property located outside of the City's RUSA and RESOLUTION - 1 /rrrv/tenaska.res CWSP boundaries is hereby DENIED WITHOUT PREJUDICE.PROVIDED, however,the applicant may reapply for said water service and variance within twelve (12)months of the date of this resolution and the application fee for said reapplication is hereby waived. Any party aggrieved by this resolution shall have the right to file an application for a writ of certiorari in Snohomish County Superior Court;PROVIDED,that the application must be filed and served within 20 days of the date of this resolution. PASSED by the City Council and APPROVED by the Mayor this 25th day of April,1994. CITY OF MARYSVILLE BY~~ ATTEST: By91,~~CITY CLERK Approved as to form: By /J~/(.w»eR CITY ATTORNEY RESOLUTION - 2 /mv/tenaska.res