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Home My WebLink Aboutord1997-027WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97 -210 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator: Public Works Engineering ERH 5197 �A! A 2 0 '991 YV�`� H �� `�� iC-1 613107 Council Division Head: Dept. Head: 5�2L Prosecutor: Purchasing /Budget: Executive: � a � SUBJECT. • An Ordinance repealing Ordinance No. 84 -059, as amended and re- establishing the provisions of Ordinance No. 84 -059 so as to carry out a Flood Control Maintenance Program in accordance with RCW Chapters 36.89, 86.12, 86.15, 86.18, 86.24 and 86.26 and creating Whatcom County Code Chapter 17.20. 1. Cover letter 2. Ordinance 3. Agenda Bill SUMMARY STATEMENT. • Please complete sections of box as appropriate & explain the item below. Related County contract k: 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): - TMMARY.• The purpose of this ordinance is to establish that the Flood Control Zone District Fund No. 00169 be known as the Flood Control Maintenance Account in accordance with RCW Chapters 86.12 and 86.26 to finance flood control projects on sites within Whatcom County for which property owners or sponsors shall pay for thirty percent (30 %) of the local cost of improvements and benefits requested, unless the County Council approves a different formula for financial participation in a particular project. ORIGINATOR'S RECOMMENDED ACTION. • Adoption of the Ordinance COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN: 1997-210 613197: Introduced 6117197: Adopted 7 - 0. Ord. #97 -027 m: \users\mpickens \wpfiles \river \Aoo.520. ab Related File BirLMnirnce or Resolution Number (this item only): &&. ct-1 -0,;0 1 2 3 1 2 3 4 5 6 7 10 11 12 13 14 'S 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SPONSORED BY: Public Works, Engineering PROPOSED BY: Edwin R. Henken INTRODUCTION DATE: 6/3/97 ORDINANCE NO. 97-027 AN ORDINANCE REPEALING ORDINANCE NO. 84 -059, AS AMENDED AND RE- ESTABLISHING THE PROVISIONS OF ORDINANCE NO. 84 -059 SO AS TO CARRY OUT A FLOOD CONTROL MAINTENANCE PROGRAM IN ACCORDANCE WITH RCW CHAPTERS 36.89, 86.12, 86.15, 86.18, 86.24 AND 86.26 AND CREATING WHATCOM COUNTY CODE CHAPTER 17.20 WHEREAS, the Whatcom County Council, on October 22, 1991, adopted Ordinance 91- 076 creating a County Wide Flood Control Zone District in Whatcom County, and WHEREAS, on December 1, 1994, the Whatcom County Council in Ordinance 94 -073, closed the River Improvement Fund, effective January 1, 1995, and WHEREAS, the maintenance and operation of Flood Control Projects need to be re- established so as to comply with the provisions of RCW 86.12.020, including the control of waters subject to flood conditions from streams, tidal or other bodies of water; to construct, operate and maintain dams, impounding basins and dikes, levees, revetments, bulkheads, riprap, deflectors or other protection; to remove bars, logs, snags, debris from and clear, deepen, widen, straighten, change, relocate, or otherwise improve and maintain stream channels, main or overflow; to acquire any real or personal property or rights and interests therein for the prosecution of such works or to preserve any flood plain or regular or intermittent stream channel from any interference to the free or natural flow of flood or stream water and to construct, operate and maintain any and all other works, structures and improvements necessary for such control; and for any such purpose may purchase, condemn or otherwise acquire land, property or rights, including beds of non - navigable waters and State, County and school lands and property, and may damage any land or other property for any such purpose, and may condemn land and other property and rights and interest therein and damage the same for any other public use after just compensation has been first made or paid into court for the owner in the manner prescribed in Chapter 86.12 RCW, and WHEREAS, all expenses to be incurred in accomplishing the aforesaid objectives shall be paid out of said Flood Control Zone District Fund No. 00169, and 30 WHEREAS, RCW 86.26.070 provides that any municipal corporation, subject to flooding 31 conditions, may establish in its treasury a Flood Control Maintenance Fund, and such fund may 32 be maintained by transferring thereto monies derived from regular or special lawful levys for 33 flood control purposes, monies which may be lawfully transferred to it from any other municipal 1 1 fund and gifts and contributions received for flood control purposes; and further, that all costs 2 and expenses for flood control maintenance purposes shall be paid out of such Flood Control 3 Maintenance Fund, and 4 1 WHEREAS, the County Council and Flood Control Zone District Board of Supervisors 5 have previously deemed that the County shall participate with eligible property owners and 6 project sponsors in maintaining and restoring normal and reasonably stable river and stream 7 channel alignment, and normal and reasonably stable river and stream channel capacity for 8 carrying off flood waters, provided such can be done with a minimum of bank erosion, 9 environmental impact, or overflow of adjacent lands and properties. 10 11 12 13 14 15 16 17 18 '.9 20 21 22 23 24 25 26 27 28 29 30 31 32 NOW, THEREFORE BE IT ORDAINED, by the County Council as follows: 1) That the Flood Control Zone District Fund No. 00169 be known as the Flood Control Maintenance Account in accordance with Chapter 86.12 RCW and 86.26 RCW. 2) That an annual amount shall be placed in such account as is necessary or advisable to be used for the purposes established in Chapter 86.12 RCW. 3) That the County shall participate in the financing, labor or supply of materials for flood control projects authorized under Chapter 86.12 RCW on sites within Whatcom County, subject to fiscal constraints and guidelines established herein for the prioritization of projects; provided that property owners or sponsors shall pay for thirty percent (30%) of the local cost of the improvements and benefits requested, unless the County Council approves a different formula for financial participation in a particular project. 4) Guidelines for prioritization of projects: All projects involving sponsor financial participation from individuals, groups of individuals, associations or governmental entities shall be prioritized based on an analysis and review of the following factors: a. Damage to existing protection and susceptibility of increased damage to dikes, levees, deflectors or bank protection. b. Criticalness and threat to residences, farmland, commercial or industrial facilities and other improvements. C. Benefits received relative to the cost of the project, together with project criticalness 2 1 d. Any projects approved by the County Council and Flood Zone 2 District Board of Supervisors and the County Executive. 3 e. Evidence of efforts at self -help by individuals and entities directly 4 benefitting from the project. 5 5) Advisory Committee: In accordance with WCC 2.92.020(C), the Flood Control 6 Zone District Advisory Committee shall select a sub - committee that shall work 7 with the County staff to review all applications and submit recommendations on 8 project priorities to the County Executive. 9 6) Public Announcement: The Dept. of Public Works shall annually provide a 10 public announcement in all major Whatcom County news media on the existence 11 of the Flood Control Program provided herein, together with information where 12 land owners and sponsors may apply for County participation in their flood 13 control projects. 14 7) Project Agreement: Provided that before any project is undertaken, except in 15 case of an emergency declared by the Executive, an agreement shall be made and 16 entered into by and between the County and the local sponsor(s) setting forth the 17 nature and scope of the respective parties participation. All such payments 18 specified in said agreement shall be due and payable in accordance with the 19 method of payment described in said agreement. When the cost of said project '0 is less than the estimated amount agreed to, the pro -rata share paid by the local /1 sponsor shall be reduced and refunded, if applicable, following completion of the 22 work. In the event the project's cost exceeds the estimate agreed to, the County 23 will notify the local sponsor as the actual costs become known but before being 24 incurred. The pro -rata share of the difference shall be paid by the local sponsor 25 upon completion of said work. In the event that payment is not made upon 26 completion of the work, interest on the delinquent amount shall accrue at the 27 same rate as specified by State law for delinquent property taxes, as allowed by 28 law, and the amount of such payment plus interest shall be a lien upon the 29 property of the local sponsor(s) from the time of completion until the total 30 indebtedness is paid. Said. lien shall be enforced by the Director of Public Works 31 in the manner prescribed by law for the foreclosure of mortgages and /or through 32 an action of debt against the owners and /or in such other manner as the law may 33 provide. 34 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Chapter 17.20 35 of the Whatcom County Code is created as shown in this Ordinance. 3 1 ADOPTED this 17 day of June , 1997. 2 3 ATTEST: 4C 5 - o wn---D 's, ouncil Clerk G Ito] APPROVED AS TO FORM: Civil Deputy ProsezNt r WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 1"'"60L L. Ward Nelson, Council Chair ( pproved O Denied ete Kremen, Executive Date: 3-`l 4 m: \users \mpickens \wpfiles \river \ordi.520