HomeMy WebLinkAboutord1998-063WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 98 -279A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to: j
ginator.
ERH
9198
. � ._ -
1 8
Introductiorl Finance
Division Head
9/29/98
i
Hearin
Dept Head
I
Prosecutor .
DGr
Purchasing/Budget.
Executive.
,p
U
4`
SUBJECT:
1999 Service Charge Acme/VanZandt Sub Zone Flood Control District
ATTACHMENTS:
Ordinance
Cover Letter
Related County Contract #:
Should Clerk schedule a hearing: NO /_/ YES /x / Requested Date:
rUMMARYSTATEMENT,
their 8117198 o icial ublic meeting, the Acme/VanZandt Sub-
ff p g�
Zone met and reduced the 1999 income portion of their 1999 budget
to approximately $11,880 of additional revenue to carry out the
proposed Flood Management Program. This Ordinance will raise
this amount to carry out a reduced sub - district program.
Ordinance & Resolution
re keep cop our r Co copying costs, indicate
receive a copy after Council action
Distribution Request
only those who must
List names to the right.
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
i
Auditor
Cooperative Extension
District Court
Executive
Health
RECOMMENDED ACTION:
Recommend approval
Hearing Examiner
Jail
Juvenile
Parks
Planning
COUNCIL ACTION TAKEN:
1998 - 279 A 9/15/98: Amended and Introduced
9/29/98: Adopted 5-2, Brown, Brenner. Opposed Ord. #98 -063
Prosecutor
Public Works
Jeff Monsen
Sheriff
Superior Court
Treasurer
Other
Ordinance or Resolutioumber
(this item):
PUDENDA 811.1 da
1 SPONSORED BY: Public Works, En ' eering
2 PROPOSED BY: County Wide Flood Control Zone Dist.
3 Citizen's Advisory Committee
4 INTRODUCTION DATE: 9/15/98
6 ORDINANCE NO. 98 -063
7
8 AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR THE
9 ACME/VANZANDT SUB -ZONE FLOOD CONTROL ZONE DISTRICT, .
10 SETTING A DUE DATE FOR PAYMENT OF SERVICE CHARGES AUTHORIZING
11 COLLECTION OF INTEREST AND PENALTIES ON DELINQUENT PAYMENTS
12 OF ASSESSMENTS AND ESTABLISHING PROCEDURES FOR RECORDATION AND
13 FORECLOSURE OF LIENS RESULTING FROM DELINQUENCIES
14
15 WHEREAS, RCW 86.15.160 (4) authorizes a charge under RCW 36.89.080 for the furnishing
16 of service to those who are receiving or will receive benefits from stormwater control facilities and
17 who are contributing to an increase in surface water runoff, and
18
19 WHEREAS, in accordance with RCW 86.15.025, part of the Whatcom County Flood Control
20 Zone District has been separated into the Acme/VanZandt Sub -Zone, and
21
22 WHEREAS, the Advisory Committee for said Acme/VanZandt Sub -Zone met on August 17,
23 1998 at an official public meeting, and
24
25 WHEREAS, said Sub -Zone Advisory Committee concluded that an assessment of $11,800 in
26 additional revenue for 1999 would be necessary to carry out their proposed Flood Management
27 Program, and
28
29 WHEREAS, the Sub -Zone Advisory Committee, recognizing that property within the flood
30 plain should pay more than property out of the flood plain, have accordingly recommended that the
31 assessment be set at two times the County -Wide Flood Zone Assessment per property parcel within
32 the flood plain and 30- percent of the County -Wide Flood Zone assessment for property outside of the
33 flood plain, with a minimum assessment to be set at $5.00, and
34
35 WHEREAS, the County Wide Advisory Committee at its September 3, 1998 public meeting,
36 concurred with the recommended budget and service charge, and
37
38 WHEREAS, proper administration and enforcement of the payment of the service charges
39 requires that a due date for payment be set, and that interest and penalties on delinquent payments of
40 service charges be established by ordinance, and
41
42 WHEREAS, statutory authority for imposition of interest on delinquent service charges is
43 found in RCW 86.15.178 and RCW 35.67.200, and
44
45 WHEREAS, statutory authority for imposition of penalties on delinquent service charges is
46 found in RCW 86.15.160 (4), RCW 36.89.080, RCW 36.89.090 and RCW 36.94.150, and
1
1
2 WHEREAS, statutory provisions for the filing of liens for delinquent service charges are found
3 in RCW 86.15.160 (4), RCW 36.89.080, RCW 36.89.090, and RCW 36.89.093, and
5 WHEREAS, statutory provisions for the foreclosure of liens resulting from delinquent service
6 charges are found in RCW 86.15.160 (4), RCW 36.89.080, RCW 36.89.090, and RCW 36.94.150.
7
8 NOW, THEREFORE BE IT ORDAINED, by the Whatcom County Flood Control Zone
9 District Board of Supervisors, that all parcels within the unincorporated and incorporated areas of the
10 AcmeNanZandt Sub -Flood Control Zone District shall pay a service charge per parcel of two times
11 the County -wide Flood Zone assessment for all parcels within the 100 -year flood plain and /or within
12 200 -yards of the ordinary high water mark of the Nooksack River and 30- percent of the County -wide
13 Flood Zone assessment for all parcels out of the 100 -year flood plain and greater than 200 -yards from
14 the ordinary high water mark of the Nooksack River, with a minimum assessment of $5.00, with the
15 exception of the following exempt parcels:
16
17 a. All parcels owned by the Federal Government.
18 b. All parcels classified as Indian Lands held in trust.
19 c. All parcels exclusively classified as mineral rights.
20 d. All parcels owned by the State, classified as "bedlands or tidelands ".
21 e. All parcels with an assessed value less than or equal to $2,500.
22
23 BE IT FURTHER ORDAINED THAT the first half due date for payment of the Sub -Zone
24 service charges imposed pursuant to this Ordinance is April 30, 1999, and the second half is due
5 October 31, 1999 unless the total amount due when combined with the real property tax is $50.00 or
26 less, in which case the full amount must be paid by April 30, 1999. Delinquency charges shall be
27 imposed at the rate of twelve (12) percent per annum accrued at a monthly rate from the date of
28 delinquency. Penalties shall be imposed at the rate of three (3) percent on June 1 and eight (8) percent
2-9 charged on December 1. The penalty is to be incurred only during the first year of delinquency at a
3o rate of eleven (11) percent as already stated. Liens shall attach and foreclosure procedures shall be
31 followed as set forth in RCW 36.94.150.
32
33 ADOPTED this 2 9 day of s�_4 1998
34
35 WHATCOM COUNTY COUNCIL
36 T• T O C Y, ASHINGTON
37
38
3 9 own- a ' , Council Clerk TR6bkrthnhof, Council Chair
40
41 APPR VED AS TO FORM:
42
43 1_-1, -.I
44 Civil Deputy Prosecutor
45
46
ate Kamen, Executive
Date: jG - 6-- -? 5'/
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