HomeMy WebLinkAboutres1997-034WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97-245A
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
�iginator: Public Works
ERH
6/97
_
`�'/1/97
Introduction
Division Head:
tANA CrOM COUNTY
7/15/97
Hearing
Dept. Head:
Prosecutor:
Purchasing /Budget:
r [
U C L
Executive:
SUBJECT. Proposed Diking Dist No. 3 (Ritter Road vicinity) -
ATTACHMENTS: 1. Cover letter
2. Engineer's Report
3. Resolution for election
SUMMARY STATEMENT- Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO / / YES /x_/ Requested date:
Amount budgeted for this item/ project:
Is it or will it be within budget? YES /x / NO / / (Please explain below)
Budget line item number(s):
�TJMMARY: At the direction of the County Executive and Council and as provided for in RCW Chapter 85, we
ie reviewed the property boundaries and feasibility of the proposed projects for said Diking District.
ORIGINATOR'S RECOMMENDED ACTION. Approval of report and passage of Resolution
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.
1997 -245A 7/1/97: Introduced
7/15/97: Approved 6 - 0, Nelson absent. Res. #97 -034
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Related File Numbers: Ordinance or Resolution Number (this item only):
f�cs. # 97-034-
I SPONSORED BY: Public Works
2 PROPOSED BY: Engineering
3 INTRODUCTION DATE: 7/1/97
RESOLUTION NO. 97 -034
2 DETERMINING THAT CREATION OF A DIKING DISTRICT IN THE
3 RITTER ROAD AREA IS FEASIBLE AND APPROPRIATE, AND
4 REQUESTING THAT AN ELECTION SEEKING FORMATION OF THE
5 DISTRICT TAKE PLACE
6 WHEREAS, the Council passed a Resolution July 1, 1997 which: Proposed the creation
7 of a diking district for the purpose of undertaking and maintaining certain flood control
8 improvement projects in the Ritter Road area; directed the County Engineer to investigate the
9 proposed boundaries of said diking district; and directed the Engineer to report the findings of
10 the investigation at a public hearing on July 15, 1997.
11 WHEREAS, the Engineer's report of feasibility for the proposed Diking District was
12 presented and a public hearing took place at the July 15, 1997 meeting; and
13 WHEREAS, proposed Ritter Road diking district objects sought and projects proposed
14 are attached and incorporated herein as Exhibit A, and a legal description of the proposed
15 district is attached and incorporated herein as Exhibit B; and
16 WHEREAS, formation of special districts, including diking districts, is governed by
17 RCW 85.38;
18 NOW, THEREFORE BE IT RESOLVED, by the Whatcom County Council that the
19 following has been established as a result of the Engineer's report and testimony taken at the
20 public hearing:
21 Section 1. Findings. As required by RCW 85.38, the Council hereby finds that:
22 (1) The area to be included in the proposed diking district is as stipulated in the attached
23 legal description (Exhibit B);
24 (2) Creation of the special district will be conducive to the public health, convenience and
25 welfare;
26 (3) The creation of the special district will be of special benefit to a majority of the lands
27 included within the special district;
28 (4) The proposed improvements are feasible and economical, and that the benefits of these
29 improvements exceed costs for the improvements.
30 Section 2. Special Election. The County Auditor is requested to call a special election on the
31 question of creating Diking District No. 3 (Ritter Road) as follows:
1
1 (1) An election on the question of creating the special district will take place Tuesday,
2 September 16, 1997 at Meridian High School, 194 W. Laurel Road, Bellingham. Polls will be
3 open from 7:00 a.m. to 8:00 p.m.
4 (2) As required by RCW 85.38.060, the County Auditor shall conduct the election and
5 prepare a list of eligible voters.
6 (3) Notices of the election shall be published and posted as provided in RCW 85.38.040 and
7 85.38.120 by the County Auditor.
8 (4) The special district shall be created if the proposition to create the special district is
9 approved by a simple majority vote of the voters participating in the election and the special
10 district may assume operations whenever the initial members of the governing body are
11 appointed as provided in RCW 85.38.070.
12 (5) The initial members of the governing body of a newly created special district shall be
13 appointed by the County Council, as required in RCW 84.38.070 (3). These initial governing
14 body members shall serve until their successors are elected and qualified at the next special
15 district general election held at least 90 days after the special district is established.
16 (6) If the special district is created, the County may charge the special district for the costs
17 incurred by the County Engineer pursuant to RCW 85.30.030 and the costs of the Auditor
18 related to the election to authorize the creation of the district pursuant to this Section (RCW
19 85.38.060).
20 ADOPTED this 15 day of July , 1997.
21
22 ATTEST:
23 n t
24arr6wn- DC''ou,,r�
25 APPROVED AS TO FORM:
26
27 Civil Deputy Prose to
28
29
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Ch it
() Approved () Denied
Signature not needed
Pete Kremen, Executive
Date:
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a
EXHIBIT 'A'
PROPOSED DIKING DISTRICT NO. 3
OBJECTS SOUGHT AND PROJECTS PROPOSED
1. Objects sought by creation of Diking District No. 3.
A. To comply with'the proposals of the Comprehensive Flood Hazard Management
Plan ( CFHMP).
B. To reduce or prevent erosion and other flood damage along a section of the
Nooksack River.
2. Projects proposed to be completed by Diking District No. 3 that will accomplish the
above objects.
A. To complete such projects as are recommended by the CFHMP and the Flood
Control Zone District Advisory Committee (FCZDAC).
B. To repair and maintain existing flood water control facilities.
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EXHIBIT "B"
LEGAL DESCRIPTION FOR DIKING DISTRICT NO. 3 (RITTER ROAD)
This district will comprise portions of Sections 2, 3, 4, 9
and 10 of Township 39 North, Range 2 East of W.M. and portions of
Sections 34, 35 and 36 Township 40 North, Range 2 East of W.M.
said district more particularly described as follows:
Commencing.at the intersection of the South line of said Section 9
and the Easterly or left bank of the Nooksack River and being the
true point of beginning; thence Easterly along said -South line,
1700 feet, more or less to the Southwest corner of lot 2 of the
Zimbra Short Plat as recorded in volume 3 of short plats, Page 43;
thence Northerly along the West line of said lot 2, 330 feet;
thence Northeasterly, 400 feet, more or less, to the Northeast
corner of said lot 2; thence N74 023'14 "E, 403.98 feet to a monument
shown as an angle point on the North line of lot 1 of aforesaid
Zimbra Short Plat; thence Northwesterly to a point on the South
line of the North 67.5 rods of the Southwest quarter of said
section 10, 330 feet East of the West line of said Southwest
quarter; thence N16 030'16 11E, 1162 feet, more or less, to the
Southwest corner of the East half of the Southwest quarter of the
Northwest quarter of said Section 10; thence N14 002110 11E, 1361
feet, more or less, to the Southwest corner of the East half of the
East half of the Northwest quarter of the Northwest quarter of
Section 10; thence N51 020125 "E, 2113 feet, more or less to the
South quarter corner of aforesaid Section 3; thence Northerly along
the North South centerline of Section 3, 330 feet, more or less, to
the Northeast corner of the Southeast quarter of the Southeast
quarter of the Southeast quarter of the Southwest quarter of
Section 3; thence S75 057150 11W, 1361 feet, more or less, to the
Southeast corner of the Southwest quarter of the Southwest quarter
of Section 3; thence Easterly 330 feet, more or less, to the
Southwest corner of the East half of the East half of the Southwest
quarter of the Southwest quarter of Section 3; thence N26 033154 11E,
738 feet, more or less, to the Southwest corner of the North half
of the Southeast quarter of the Southwest quarter of Section 3;
thence N71 033'54 "E, 1044 feet, more or less, to the Southwest
corner of the Northeast quarter of the Northeast quarter of the
Southeast quarter of the Southwest quarter of Section 3; thence
N26 033154 11E, 738 feet, more or less, to the Southwest corner of the
Northwest quarter of the Southwest quarter of the Northwest quarter
of the Southeast quarter of Section 3; thence N48 012'46 "E, 1811
feet, more or less, to the Northwest corner of Lot 1 of the Port
Short Plat as recorded in volume 3 of short plats, page 113; thence
N84 058'19 "E, 1295 feet, more or less, to the Southwest corner of
the Northwest quarter of the Southwest quarter of the Southwest
quarter of the Northwest quarter of Section 2; thence N450 East,
1867 feet, more or less, to the Southwest corner of the Northwest
quarter of the Southwest quarter of the Northeast quarter of the
Northwest quarter of Section 2;
` EXHIBIT "B"
PAGE 2
thence N75 0571150 11E, 1361 feet, more or less, to the Northwest
corner of the Southeast quarter of the Northwest quarter of the
Northeast quarter of Section 2; thence East 660 feet, more or less,
to the Southwest corner of the Northeast quarter of the Northwest
quarter of the Northeast quarter of Section 2; thence N26033115411E,
738 feet, more or less, to the Southwest corner of the East half of
the East half of the Southwest quarter of the Southeast quarter of
aforesaid Section 35; thence N5102012511E, 2113 feet, more or less,
to the Southwest corner of the Northwest quarter of the Southwest
quarter of aforesaid Section 36; thence N45 0E, 1867 feet, more or
less, to the Northeast corner of the Northwest quarter the
Southwest quarter of Section 36; thence Northerly along the East
line of the Southwest quarter of the Northwest quarter, 330 feet,
more or less, to the Southerly or left bank of the Nooksack River;
thence Southeasterly along said left bank 5 miles, more or less to
the South line of Section 9 and the true point of beginning.
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