HomeMy WebLinkAboutres1999-058WHATCOM CO UNTY CO UNCIL AGENDA BILL
NO._ 1999 - 392 A
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: County Council
10/27/99
10/26/99
Introduction
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT-
Resolution extending. Flood Control Zone District funding mechanism
ATTACHMENTS
Proposed resolution and amended exhibit (different than exhibit to AB99 -392)
SUMMARY STATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Y Requested Date: 11/9/99
This resolution offers an alternate method of calculating service charges than the method provided in the original resoulution,
filed as AB99 -392.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999-392A 10/26/99: Introduced
11/9/99: Approved 5 -2, Brenner, Brown opposed, Res. #99-
058
Related File Numbers: Ordinance or Resolution Number (this item only):
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1 SPONSORED BY: CONSENT
2 PROPOSED BY: PUBLIC WORKS
3 INTRODUCTION DATE: 10/26/99
4
5 A Resolution by the Governing Body
6 of the County -wide Flood Control Zone District
7 hereinafter referred to as the
8 Whatcom County Flood Control Zone District (WCFCZD)
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11 RESOLUTION NO. 99 -058
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13 EXTENDING THE CURRENT WHATCOM COUNTY
14 FLOOD CONTROL ZONE DISTRICT (WCFCZD) FUNDING MECHANISM
15
16 WHEREAS, the WCFCZD was duly created by Whatcom County
17 Ordinance 91 -076 to provide an organization and structure to address flood
18 damage reduction in Whatcom County; and,
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20 WHEREAS, the governing and administrative structure of the District was
21 modified and clarified by Ordinance No. 98 -085 of the Whatcom County
22 Council,
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24 WHEREAS, Resolution No. 98 -078 of the Whatcom County Council
25 addressed the relationship between the District and the County pertaining to
26 the staffing of work needed to be performed in order to fulfill the purposes of
27 the District, and
W:
29 WHEREAS, Resolution No. 98 -078 also amended the funding mechanism
30 for the activities of the WCFCZD to raise the service charge through December
31 31, 1999, which increase was dedicated to the Whatcom County
32 Comprehensive Water Resources Plan;
33
34 NOW, THEREFORE, BE IT RESOLVED by the WCFCZD Board of
35 Supervisors that the service charges in the funding mechanism _adopted by
36 Whatcom County Resolution 98 -078, be extended for the years 2000, 2001
37 and 2002, unless further amended;
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BE IT FURTHER RESOLVED that 50% of said service charges through
December 31, 2002 be dedicated to the Water Resources Fund.
APPROVED this 9 day of November , 1999.
A T PEST:
- Q-2
Dana Brown - Davis, Council Clerk
APPRO D AS TO FORM:
Karen Frakes
Whatcom County Deputy Pros. Atty.
WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF
SUPERVISORS, WHATCOM COUNTY
WASHINGTON
Marlene Dawson, Council Chair
()Q Approved ( ) Denied
Pete Kremen, ounty Executive
Date:
2
EXHIBIT "A"
FUNDING MECHANISM FOR THE
COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT
SECTION 1. Purpose.
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 111 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 rolls 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.
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"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
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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 $10,000.00
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
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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
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.
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$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.
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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 a lien, 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 35.67.20.0 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
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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 Adjustments.
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 1 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
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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 Fee
Greater than but less than or eaual to
$ 2,500.00
$ 10,000.00
$ 5.00
$ 10,000.00
$ 25,000.00
$10.00
$ 25,000.00
$ 50,000.00
$20.00
$ 50,000.00
$ 75,000.00
$30.00
$ 75,000.00
$100,000.00
$40.00
$100,000.00
$125,000.00
$50.00
$125,000.00
$150,000.00
$60.00
$150,000.00
$175,000.00
$70.00
$175,000.00
$200,000.00
$80.00
$200,000.00
$250,000.00
$90.00
$2501000.00
$300,000.00
$100.00
$300,000.00
$400,000.00
$110..00
$400,000.00
$500,000.00
$120.00
$500,000.00
$1,000,000.00
$130.00
$1,000,000.00
$140.00