HomeMy WebLinkAboutord1998-064WIIATCOM COUNTY COUNCIL AGENDA BILL
NO. 98 -280A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
;inator.
ERH
9198
9/15/98
Introduction / Finance
Division Head
9/29/98
Hearin
Dept. Head
"AM
Prosecutor
QC,
QlylgB
Purchasing/Budget.
Executive.
/
,g.
SUBJECT:
1999 Service Charge Lynden/Everson Sub Zone Flood Control District
ATTACHMENTS:
Ordinance
Cover Letter
Related County Contract #:
Should Clerk schedule a hearing: NO/ / YES /x / Requested Date:
RUMIVIARYSTATEMENT.
their 8126198 officialpublic meeting the Lynden/Everson Sub-
Zone met and reduced the 1999 income portion of their 1999 budget
to approximately $28,850 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
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receive a copy after Council action.
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COUNCIL ACTION TAKEN .•
1998-280A 9/15/98: Amended and Introduced
9/29/98: Adopted 5 -2, Brown, Brenner Opposed Ord. #98 -064
Ycek
Prosecutor
Public Works
JgffMOnsen
Sheriff
Superior Court
Treasurer
Other
Ordinance or Resoluti Numb
(this item): .� • er
!A!VINIM, UYINO=-
1 SPONSORED BY: Public Works. Engineering
2 PROPOSED BY: County Wide Flood Control Zone Dist.
3 Citizen's Advisory Committee
4
5 INTRODUCTION DATE: 9/15/98
6
7 ORDINANCE NO. 98 -064
8
9 AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR THE
10 LYNDEN /EVERSON SUB -ZONE FLOOD CONTROL ZONE DISTRICT,
11 SETTING A DUE DATE FOR PAYMENT OF SERVICE CHARGES AUTHORIZING
12 COLLECTION OF INTEREST AND PENALTIES ON DELINQUENT PAYMENTS
13 OF ASSESSMENTS AND ESTABLISHING PROCEDURES FOR RECORDATION AND
14 FORECLOSURE OF LIENS RESULTING FROM DELINQUENCIES
15
16
17 WHEREAS, RCW 86.15.160 (4) authorizes a charge under RCW 36.89.080 for the
18 furnishing of service to those who are receiving or will receive benefits from stormwater
19 control facilities and who are contributing to an increase in surface water runoff, and
20
21 WHEREAS, in accordance with RCW 86.15.025, part of the Whatcom County Flood
22 Control Zone District has been separated into the Lynden/Everson Sub -Zone, and
23
24 WHEREAS, the Advisory Committee for said Lynden/Everson Sub -Zone met on
2-5 August 26, 1998 at an official public meeting, and
26
27 WHEREAS, said Sub -Zone Advisory Committee concluded that an assessment of
28 $28,850 in additional revenue for 1999 would be necessary to carry out their proposed Flood
29 Management Program, and
30
31 WHEREAS, the Sub -Zone Advisory Committee, recognizing that property within the
32 flood plain should pay more than property out of the flood plain, have accordingly
33 recommended that the assessment be set at two times the County -Wide Flood Zone
34 Assessment per property parcel within the flood plain and 30- percent of the County -Wide
35 Flood Zone assessment for property outside of the flood plain, with a minimum assessment to
36 be set at $5.00, and
37
38 WHEREAS, the County Wide Advisory Committee at its September 3, 1998 public
39 meeting, concurred with the recommended budget and service charge, and
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42
1
1 WHEREAS, proper administration and enforcement of the payment of the service
2 charges requires that a due date for payment be set, and that interest and penalties on
3 delinquent payments of service charges be established by ordinance, and
4
5 WHEREAS, statutory authority for imposition of interest on delinquent service
6 charges is found in RCW 86.15.178 and RCW 35.67.200, and
7
s WHEREAS, statutory authority for imposition of penalties on delinquent service
9 charges is found in RCW 86.15.160 (4), RCW 36.89.080, RCW 36.89.090 and RCW
10 36.94.150, and
11
12 WHEREAS, statutory provisions for the filing of liens for delinquent service charges
13 are found in RCW 86.15.160 (4), RCW 36.89.080, RCW 36.89.090, and RCW 36.89.093,
14 and
15
16 WHEREAS, statutory provisions for the foreclosure of liens resulting from delinquent
17 service charges are found in RCW 86.15.160 (4), RCW 36.89.080, RCW 36.89.090, and
is RCW 36.94.150.
19
20 NOW, THEREFORE BE IT ORDAINED, by the Whatcom County Flood Control
21 Zone District Board of Supervisors, that all parcels within the unincorporated and
22 incorporated areas of the Lynden/Everson Sub -Flood Control Zone District shall pay a service
23 charge per parcel of two times the County -wide Flood Zone assessment for all parcels within
24 the 100 -year flood plain and /or within 200 -yards of the ordinary high water mark of the
25 Nooksack River and 30- percent of the County -wide Flood Zone assessment for all parcels out
26 of the 100 -year flood plain and greater than 200 yards from the ordinary high water mark of
27 the Nooksack River, with a minimum assessment of $5.00, with the exception of the
28 following exempt parcels:
29
30 a. All parcels owned by the Federal Government.
31 b. All parcels classified as Indian Lands held in trust.
32 c. All parcels exclusively classified as mineral rights.
33 d. All parcels owned by the State, classified as "bedlands or tidelands ".
34 e. All parcels with an assessed value less than or equal to $2,500.
35
36 BE IT FURTHER ORDAINED THAT the first half due date for payment of the Sub-
37 Zone service charges imposed pursuant to this Ordinance is April 30, 1999, and the second
38 half is due October 31, 1999 unless the total amount due when combined with the real
39 property tax is $50.00 or less, in which case the full amount must be paid by April 30, 1999.
4o Delinquency charges shall be imposed at the rate of twelve (12) percent per annum accrued at
41 a monthly rate from the date of delinquency. Penalties shall be imposed at the rate of three
42 (3) percent on June 1 and eight (8) percent charged on December 1. The penalty is to be
2
1 incurred only during the first year of delinquency at a rate of eleven (11) percent as already
2 stated. Liens shall attach and foreclosure procedures shall be followed as set forth in RCW
3 36.94.150.
4
5 ADOPTED this 2 9 day of S e p t, 1998
6
7 WHATCOM COUNTY COUNCIL
8 ATTEST: WHATCOM COUNTY, WASHINGTON
9
1 �
C04 -:z
1 wn- , Counc Clerk Rob rt Imhof, Council Cha'
13
14 APPROV AS TO FORM: Approved ( ) Denied
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18 Civil Deputy Prosecutor Pete Kremen, Execu ive
19 Date: /O ' 9
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