Information

Type: Legal Notice

Department: PW - Public Works

Directors' Update: TBD

Business Meeting: April 27, 2020

Summary:

Notice of Hearing for consideration of accepting the LCWSD#5 Transfer Agreement

Publications: The Chronicle April 28 and May 5

Cover Letter To:

Additional Copies To: Josh Metcalf, Erik Martin, Kim Amrine, Robin Saline, Tina Hemphill, Rose Williams

Resolution

WHEREAS, Lewis County Water-Sewer District #5 holds title to certain property and assets used or useful in the operation of the District's water and sewer utility, and provides certain water and sewer utility services to the customers of the District; and

WHEREAS, Lewis County Water-Sewer District #5 has determined that it is in the best interests of the customers, the District, and the public that all of the assets and property of the District constituting its system of sewerage and system of water together with any of the District's real or personal property rights and interests used or useful in connection with the operation, maintenance, repair, replacement, extension, or financing of that system, together with the operation of the same be transferred to Lewis County Public Works pursuant to RCW 36.94.310 and subject to the terms and conditions stated in the proposed District Transfer Agreement; and

WHEREAS, RCW 36.94.310-350 provides Lewis County and Lewis County Water-Sewer District #5 may contract for transfer of the District's assets and utility systems by voluntary agreement, subject to the approval by the Lewis County Superior Court pursuant to RCW 36.94.310-350; and

WHEREAS, on March 11, 2020, Lewis County Water-Sewer District #5 accepted the proposed terms of the Transfer Agreement and request the Lewis County Board of County Commissioners (BOCC) set hearing and accept the proposed terms of the Transfer Agreement; and

WHEREAS, the transfer of title by Lewis County Water-Sewer District #5 and the acquisition by Lewis County of the District's assets and utility systems is in the best interest of public health, safety, and welfare and the customers and residents of Lewis County Water-Sewer District #5 and the public at large.

NOW THEREFORE BE IT RESOLVED the Board will hold a public hearing on the proposed acceptance of the Lewis County Water-Sewer District #5 Transfer Agreement on May 11, 2020, at or after 10:00 a.m. or at such time later that day as may be necessary due to schedule changes pertaining to COVID-19. The hearing will take place at the Lewis County Courthouse, Commissioners’ Hearing Room, 351 NW North Street, Chehalis, Wash., as set forth in the Notice of Public Hearing attached hereto. Interested parties are encouraged to check the Commissioners’ hearing schedule online at https://lewiscountywa.gov/offices/commissioners/agendas-calendar/ as May 11, 2020, approaches for updated details.

DONE IN OPEN SESSION this 27th day of April, 2020.