HomeMy WebLinkAboutres2002-051WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2002 -397
CLEARANCES
Initial
Date
Date Received In Council Office
Agenda Date
Assigned to:
Originator:
Jere M. Monsen, P.E.
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1115102
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NOV S "" 2002
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Introduction
Division Head.
1186/02
Public Hearing
Dept. Head:
M. Monsen, E.
Je re P.
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1115101
Prosecutor
Daniel L. Gibson
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Purchasing /Budget:
9
SUBJECT:
A Resolution by the Governing Body of the County-wide Flood Control Zone District (WCFCZD) extending the current WCFCZD
funding mechanism.
ATTACHMENTS:
Memo and Ordinance
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing? (X )Yes,( ) NO
Requested Date: November 26, 2002
SUMMARY STATEMENT:
The WCFCZD was duly created by Whatcom County to provide a
governmental entity and structure through which to address flooding and
achieve flood damage reduction in Whatcom County.
Since it is the intent of the Board of Supervisors of the flood control zone
district that the activities funded through the district be continued for the
next year, the district needs a continuing source of funding during that time.
This resolution will extend the funding mechanism through 2003.
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COUNCIL ACTION TAKEN:
2002-397 111122002'. Introduced
112612002: Approved 6 -1, Brenner opposed, Res. #2002-051
Reh
Related Fde Numbers:
Juvenile
Parks
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Prosecutor
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Jeffrey M. Monsen
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Superior Court
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SPONSORED BY: CONSENT
PROPOSED BY: PUBLIC WORKS
INTRODUCTION DATE: 11/12/02
A Resolution by the Governing Body of the
County -wide Flood Control Zone District
hereinafter referred to as the Whatcom County
Flood Control Zone District (WCFCZD)
RESOLUTION NO. 2002 -051
EXTENDING THE CURRENT
WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT (WCFCZD) FUNDING MECHANISM
WHEREAS, the WCFCZD was duly created by Whatcom County to
provide a governmental entity and structure through which to address flooding
and achieve flood damage reduction in Whatcom County; and,
WHEREAS, the development of the district, in terms of governance
structure and funding, are traced thoroughly in the preamble to Resolution 99-
058; and,
WHEREAS, Resolution 99 -058 amended the funding mechanism for the
activity of the WCFCZD to extend the service charge through December 31, 2002;
WHEREAS, since it is the intent of the Board of Supervisors of the flood
control zone district that the activities funded through the district be continued for
the next year, the district needs a continuing source of funding during that time;
NOW, THEREFORE, BE IT RESOLVED by the WCFCZD Board of
Supervisors that the funding mechanism and assessment levels established and
adopted by Whatcom County Resolution 98 -078 and extended by Resolution 99-
058, be further extended for the next year, through December 31, 2003, unless
and until further amended.
BE IT FURTHER RESOLVED that fifty percent (50 %) of said charges
through December 31, 2003 be dedicated to the Water Resources Fund.
APPROVED this 26 day of November , 2002.
WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF SUPERVISORS,
WHATCOM COUNTY, WASHINGTON
I,
( L. WARD NELSON, COUNCIL CHAIR
S ( rov� ()Denied
,
Dana Brown - Davis, Council Jerk ete Kremen, County Executive
Date: , 4� �w- 0 02�
APPROVED AS TO FORM:
Daniel L. Gibson, Senior Civil Deputy
Prosecuting Attorney
EXHIBIT "A"
FUNDING MECHANISM FOR THE
COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT
SECTION 1. Pose.
This mechanism creates a funding methodology which provides resources to
plan, manage, design, construct, maintain, revise, and upgrade the storm drainage and
surface water runoff system within Whatcom County's drainage basins as specified in
and pursuant to Chapters 36.89, 36.94, 86.12 and 86.15 Revised Code of Washington,
Article 11, Section 11 of the Washington State Constitution. This authority is invoked
to minimize property damage, promote and protect the public health, safety and
welfare, minimize water quality degradation by preventing siltation, contamination and
erosion of the County's waterways, protect aquifers, insure the safety of County roads
and rights -of -way, assure compliance with federal and state storm drainage, surface
water management, and water quality regulations and legislation, increase educational
and recreational opportunities, encourage the preservation of natural drainage systems,
and foster other beneficial public uses.
SECTION 2. Flood Control Zone District Creation and Authority.
A County-wide Flood Control Zone District, hereinafter referred to as District,
was created pursuant to Whatcom County Ordinance No. 91 -076. Said District shall
be administered pursuant to RCW 86.15.060, by the county engineer, who for the
purposes of this resolution is the Whatcom County Public Works Director. The District
shall contract with Whatcom County for the provision of necessary staff and
administrative support from the Whatcom County Public Works Department.
Additionally, the District may make funding available in cooperative arrangements with
the County and /or other qualifying parties for work to fulfill the purposes of the District.
The District elects to exercise all lawful powers necessary and appropriate for the
- construction, acquisition, and condemnation of property rights, maintenance,
management, operations and regulation of storm drainage and surface water runoff
systems including, without limitation, all lawful powers to fix, alter, regulate, and
control the charges and conditions for the use thereof.
SECTION 3. Definitions.
For the purposes of this resolution the words or phrases below shall have the
following meanings:
"Assessed Value" shall be held and construed to mean the aggregate valuation
of the parcel subject to a service charge as placed on the last completed and
balanced tax roils of the county: Provided, That parcels involved in the property
tax exemption programs under RCW 84.33, RCW 84.34, and RCW 84.36.381
through 84.36.389 will be subject to a service charge based on their taxable
assessed value.
Board" means the county legislative authority.
Page 3
"County " shall mean Whatcom County, Washington, or as indicated by the
context, may mean the Department of Public Works, Public Works Director,
County Engineer, or other official, officer, employee or agent representing the
County in the discharge of his or her duties. For purposes of this resolution,
County shall be construed to also include those incorporated areas located in the
county-wide District.
"Department of Natural Resources Designated Forestlands (DNRDF)" shall mean
lands under the trusteeship or ownership of the Washington State Department
of Natural Resources. The use of these properties shall be consistent with the
Washington State Legislature's statutorily defined intentions to preserve lands
for the protection of natural habitat or to preserve lands for the growth and
harvest of commercial timber as defined in RCW Chapters 84.33 and 84.34.
"Parcel" shall mean the smallest plot of land or any real property ownership
interest separately segregated for tax purposes.
"Real Property Ownership Interests" shall Include but not be limited to
condominiums, marina slips, hangers, development rights, improvements on
lands the fee of which is still vested in the United States or the State of
Washington or other such interests in real property as is defined for property tax
purposes.
"Service Charge" means the charge levied on parcels In unincorporated and
incorporated areas of the District.
"Supervisors" means the board of supervisors, or governing body, of a zone
which shall be comprised of the members of the Whatcom County Council and
the Whatcom County Executive. The authority and duties of the Council
members and the Executive as Supervisors shall be apportioned and exercised
in accordance with the division of authority and responsibility provided in the
Whatcom County Home Rule Charter.
'Taxable Assessed. Value" Is the aggregate value used for calculating real
property taxes.
SECTION 4. Policy for Service Charges.
The District shall apply a rate structure as a service charge to all parcels within
the unincorporated and Incorporated areas within Whatcom County.
All parcels are subject to a service charge except the following exempt parcels:
(a) All parcels owned by the federal government
(b) All parcels classified as Indian lands held in trust
(c) All parcels exclusively classified as mineral rights
(d) All parcels with an assessed value less than or equal to $2500.00
L =,
The District will allow any contiguous quantity of land in the possession of,
owned by, or recorded as the property of the same claimant, person, or company to
be consolidated into one parcel to keep charges lower: Provided, That the parcels are
in compatible tax code districts: Provided further, That a one to one relationship is
maintained between each parcel in the Flood Control Zone District roll and each parcel
in the real property tax roll: Provided further: That taxes, assessments and charges
on the parcels to be consolidated are not delinquent: Provided further, That all
established parcels consolidation policies and procedures are followed. This process
must be initiated in the County Assessor's office by November 10 of any one year for
consideration in the following year's roll.
SECTION 5. Method of Calculating Service Charges
A temporary service charge schedule is hereby established for Whatcom County
to be assessed annually during the term of this mechanism.
Group 1: A parcels with an assessed value less than or equal to $10,00o.0o
Page 5
but greater than $2,500.00
Charge Per Parcel: $5.00.
Group 2:
All parcels with an assessed value less than or equal
to $25,000.00
but greater than $10,000.00
Charge Per Parcel: $10.00.
Group 3:
All parcels with an assessed value less than orequal
to $50,000.00
but greater than $25,000.00
.
Charge Per Parcel: $20.00
Group 4:
All parcels with an assessed value less than or equal
to $75,000.00
but greater than $50,000.00
Charge Per Parcel: $30.00
Group 5:
All parcels with an assessed value less than
or equal to
$100,000,00 but greater than $75,000.00
Charge Per Parcel: $40.00
Group 6:
All parcels with an assessed value less than
or equal to
$125,000.00 but greater than $100,000.00
Charge Per Parcel: $50.00
Group 7:
All parcels with an assessed value less than
or equal to
$150,000.00 but greater than $125,000.00
Charge Per Parcel: $60.00.
Group 8:
All parcels with an assessed value less than
or equal to
$175,000.00 but greater than $150,000.00
Charge Per Parcel: $70.00
Page 5
Group 9:
All
parcels with an assessed value less than
or equal to
$200,000.00 but greater than $175,000.00
Charge Per Parcel: $80.00
Group 10:
All parcels with an assessed value less than
or equal to
$250,000.00 but greater than $200,000.00
Charge Per Parcel: $90.00
Group 11:
All parcels with an assessed value less than or equal
to
$300,000.00 but greater than $250,000.00
Charge Per Parcel: $100.00
Group 12:
All parcels with an assessed value less than or equal
to
$400,000.00 but greater than $300,000.00.
Charge Per Parcel: $110.00
Group 13
All parcels with an assessed value less than or equal
to
$500,000.00 but greater than $400,000.00
Charge Per Parcel: $120.00
Group 14
All parcels with an assessed value less than or equal
to
$1,000,000.00 but greater than $500,000.00
Charge Per Parcel: $130.00
Group 15
All parcels with an assessed value greater than 1,000,000.00
Charge Per Parcel: $140.00
The District's service charge shall be calculated based on the parcel's assessed value
on the last completed and balanced tax roll of the County except In the case of
Department of Natural Resources Designated Forestlands. The District's service charge
for Department of Natural Resource Designated Forestlands shall be calculated on a
parcel's assessed valuation substituting the designated parcel's timberland acreage
assessed value with a calculation of the designated parcel's timberland acreage
multiplied by 95% of the assessment year ending average per acre assessed value of
all acreage. in Whatcom County participating in the Washington State. Forestland
Property Tax Exemption Program (RCW 84.33).
Service charges shall be due and payable to the Flood Control Zone District on or before
April 30 of the respective year and shall be billed and collected together with real
property taxes, if any, and shall be delinquent thereafter: Provided,
That if real property tax upon the parcel payable in that year exceeds fifty dollars, and
one -half of the tax, together with one -half of the annual service charge provided by this
section are paid
on or before April 30 of such year, the remaining one -half of the annual service charge
shall be due and payable on October 31, next following or at the time of payment of the
remaining tax on the parcel, whichever is earlier, and shall be delinquent after that
date.
0
SECTION 6. County Administrative Support.
A. - The County Assessor shall provide administrative support services to the
District, The County Assessor shall be responsible for: 1) Accumulation,
coordination and maintenance of data for use in the Flood Control Zone District
roll: 2. Auditing and verifying data base information and rates and charges; 3.
Response to public Inquiry and education on Flood Control Zone District funding
mechanism policies and procedures.
B. All District funds from service charges, grant funds, or any other revenue
received shall be deposited in the District Fund which will be established by the
Whatcom County. Council.
SECTION 7. Administrators of the Roll.
The Supervisors are hereby declared the Administrators of the Roll for the
District. The Administrators of the Roll shall be responsible for fixing rates and charges.
SECTION 8. Treasurer.
The County Treasurer is hereby declared the Treasurer of the district. The
Treasurer shall be responsible for collecting rates and charges as established by the
Administrator of the Roll.
SECTION 9. Implementation.
The Whatcom County Executive, Treasurer and Assessor are hereby authorized
and directed to establish all administrative procedures necessary to implement the
provisions of this resolution.
SECTION 10. Lien for Delinquent Charges and Foreclosures.
A. Pursuant to RCW 36.89.090, Whatcom County shall place alien, which
attaches to the land, on any parcel with a delinquent service charge, including
interest thereon. Such liens shall be effective and shall be enforced and
foreclosed in the same manner as provided for sewerage liens of cities and towns
by RCW 35.67.200 through 35.67.290, except that the service charge lien shall
be effective for a total not to exceed one year's delinquent service charges
without the necessity of any writing or recording of the lien with the county
auditor, as provided for in RCW 36.89.093, in lieu of the provisions provided for
In RCW 35.67.210. In accordance with RCW 36.89.094, the County may
commence to foreclose a service charge lien after three (3) years from the date
flood control zone district charges become delinquent, in lieu of the provisions:
provided for in RCW 35.67.230. -
B. Delinquent service charges shall bear interest provided in RCW 36.89.090,
RCW 36.89.092, and RCW 35.67.200 at the rate of twelve percent (12 %) per
annum, or such rate as may hereinafter be authorized by law, computed on a
monthly basis from the date of delinquency until paid.
SECTION 11. Overpayment Refund Requests.
Any persons may request the refund of service charge overpayment(s) by doing
Page 7
so in writing to the County Treasurer. The basis of the request explaining the nature
of the overpayment should be clearly stated. The Treasurer shall investigate the
request and authorize a refund or credit If an overpayment is determined to have
occurred. The Treasurer will use best efforts to notify the requesting party of his /her
decision in writing within sixty (60) days of receipt of the request. The Treasurer will
specify in the written decision the basis for authorizing or denying the refund request.
No refund may be authorized for overpayment paid or levied more than three (3)
years prior to the date the written request is received.
SECTION 12. .Administrative Refunds or Adiustments.
The County Treasurer may authorize in writing, a refund, credit, or adjustment
of any amounts when it is determined that an error, miscalculation, or mistake has
occurred which affects any ratepayer(s). The nature of the error, miscalculation, or
mistake should be documented together with the steps taken to prevent future
occurrences. No refunds, credits, or service charge adjustments may be authorized
pursuant to this section unless brought to the attention of the Treasurer within three
(3) years of the occurrence of the error, miscalculation or mistake. An annual report
of all
refunds authorized by the County Treasurer shall be presented to the Board of the
District in January of each year.
SECTION 13. Amount of Refund Limited..
In any instance where a refund or credit is authorized by the Treasurer, the
amount shall include interest at the same rate as authorized in Section 10.
SECTION 14. Adjustments to the Roll
Any person may request an adjustment in the Roll by doing so in writing to the
Administrators of the Roll. The request shall clearly describe the property or properties
proposed for review including the current ownership and service charges associated
with each parcel. The request shall also state the desired adjustment in the Roll and
justification for such action.
The Administrators of the Roll may consider any information available to them
in reaching their decision on any request before them. All final decisions shall be
forwarded to the Assessor and the Treasurer. Should the decision be to approve an
amendment to the Roll, an effective date for the adjustment shall be included.
From time to time, the Treasurer may submit requests to the Administrators of
the Roll to declare certain service charges as being uncollectible and to have the
associated parcels removed from the Roll and any unpaid service charges forgiven.
Properties requested by Washington State Department of Natural Resources to
be designated or removed as DNRDF shall be submitted to the Whatcom County
Department of Public Works by September i of each year. The Department of Public
Works, together with the Assessor, shall review the request to determine ownership
and land use qualification. DNRDF property designation or removal shall be made by
the Whatcom County Flood Control Zone District Board of Supervisors. Transfer of
ownership or trusteeship of property from the Department of Natural Resources shall
remove said property from DNRDF.
SECTION 15. Severability.
If any section, clause or provision of this Resolution be declared invalid by the
courts, the same shall not affect the validity of the Resolution as a whole or any part
thereof, other than the part declared invalid.
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Assessed Value
Greater than but less than or eaualto
$ 2,500.00
$ 10,000.00
$ 10,000.00
$ 25,000.00
$ 25,000.00
$ 50,000.00
$ 50,000.00
$ 75,000.00
$ 75,000.00
$100,000.00
$100,000.00 _
$125,000.00
$125,000.00
$150,000.00
$150,000.00
$175,000.00
$175,000.00
$200,000.00
$200,000.00
$250,000.00
$250,000.00
$300,000.00
$300,000.00
$400,000.00
$400,000.00
$500,000.00
$500,000.00
.$1,000,000.00
$1,000,000.00
Fee
$ 5.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
$80.00
$90.00
$100.00
$110.00
$120.00
$130.00
$140.00