HomeMy WebLinkAboutR-1752 - Amending Resolution No. 1687 granting a one-year extension to the variance from the requirements of MMC 14.05.020 (1) for Pacific Coast Feather CompanCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./7S,,2
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A RESOLUTION OF THE CITY OF MARYSVILLE AMENDING RESOLUTION NO.
1687 GRANTING A ONE-YEAR EXTENSION TO THE VARIANCE FROM THE
REQUIREMENTS OF MMC 14.05.020(1)FOR PACIFIC COAST FEATHER
COMPANY.
WHEREAS,on June 6,1994 the Marysville City Council adopted
Resolution No.1687 granting a variance from the requirements of
MMC 14.05.020(1)for Pacific Coast Feather Company authorizing a
temporary increase in the maximum effluent discharge for its
sewage;and
WHEREAS,
Agreement for
and
on February 20,1995 the parties entered into an
utility Services as required by Resolution No.1687;
WHEREAS,by letter dated June 1,1995 Pacific Coast Feather
Company requested an extension of the variance to December 31,
1998;and
WHEREAS,the City's RUSA Committee and City staff have
reviewed the extension request of Pacific Coast Feather Company and
recommended a one-year-at-a-time extension,with the applicant to
reapply to the City Council for subsequent extensions on an annual
basis;and
WHEREAS,on September 11,1995 the Marysville City Council
held a public meeting to consider the variance extension request
and made the following findings:
1.To the extent the findings in Resolution No.1687 are
consistent herewith,they are adopted herein by this reference.
2.The Pacific Coast Feather Company letter dated June 1,
1995 provides some justification for an extension of the variance;
however,the City Council finds that an extension of three years is
not warranted at this time and that such an extension may not
provide the necessary incentive for Pacific Coast Feather Company
to achieve compliance with the City's effluent standards.
3.In the event Pacific Coast Feather Company requests an
extension beyond one additional year,ending on November 30,1996,
the City Council may exercise its discretion in granting any
further extensions by increasing surcharges above and beyond those
presently set forth in City ordinance and/or the Agreement of the
parties dated February 20,1995.
RESOLUTION - 1
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NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The extension to the temporary variance for Pacific Coast
Feather Company is hereby granted in part,subject to the following
conditions:
a.The extension request is granted for a one -year
period only,commencing December 1,1995 and ending November
30,1996.
b.In the event Pacific Coast Feather Company wishes to
reapply to the City for subsequent extension,it may do so on
an annual basis.No more than two additional extensions will
be granted.
c.The applicant shall initiate any further extension
in writing not less than 120 days prior to expiration of such
extension.
d.Any extensions beyond November 30,1996 may,in the
sole discretion of the Marysville City Council,be subject to
additional surcharges above and beyond the then current City
ordinance rates or the Agreement of the parties executed by
Pacific Coast Feather Company on February 20,1995.
2.To the extent this resolution varies from Resolution No.
1687,Resolution No.1687 shall be deemed to be amended by this
resolution.
3.The Agreement of the parties executed by Pacific Coast
Feather Company on February 20,1995 shall remain in full force and
effect during the terms of this extension (December 1,1995
November 30,1996),and the parties shall execute a one-year
extension to the term of said Agreement for Utility Services.
4.Upon the termination of this extension,unless further
extensions are granted,in the City's sole discretion,the
applicant shall be in full compliance with the requirements of MMC
14.050.20(1).
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 twenty (20)days of the date of this Resolution.
-e»PASSED by the City
JS"\day of ~~
Council and APPROVED by the Mayor this
,1995.
CITY OF MARYSVILLE
RESOLUTION - 2
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MAYOR
ATTEST:By¥L,
"'CITY
Approved as to form:
CLERK
By/2~KLJp#
CITY ATTORNEY
RESOLUTION - 3
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ADDENDUM TO AGREEMENT
FOR UTILITY SERVICES
WHEREAS,the CITY OF MARYSVILLE and PACIFIC COAST FEATHER
COMPANY executed an Agreement for Utility Services commencing on
August 1,1994 and terminating upon the completion of Pacific
Coast Feather's capital improvements or November 30,1995,
whichever date was earlier;and
WHEREAS,by Resolution of the Marysville City Council,the
variance request for Pacific Coast Feather has been extended for
one year,commencing December 1,1995 and ending November 30,
1996 ;
NOW,THEREFORE,in consideration of the one-year extension
granted to Pacific Coast Feather,the term of the Agreement for
Utility Services between the parties is hereby extended for
December 1,1995 through November 30,1996,or upon the
completion of Pacific Coast Feather's capital improvements,
whichever date is earlier.
Except as provided herein,the Agreement for Utility
Services between the parties shall remain in full force and
effect as originally executed.
DATED this 25 fi.day of ,~.ft-uy t 1995.
CITY OF MARYSVILLE
By ~Lt1f)
DA:ID R,Mayor
ATTEST:
CITY CLERK
Approved as to form:
BY~!(LJJ
CITY ATTORNEY
DATED this 25ft,day of ~,1995.
PACIFIC COAST FEAT ER OMPANY
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