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Home My WebLink Aboutord1998-065WHATCOM COUNTY COUNCIL AGENDA BILL - NO. 98 -281A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: ginator: ERH 9198 - 9/15/99 Introduction / Finance Division Head: 9/29/98 Hearin Dept Head: C' /q8 I Prosecutor I , PurchasingJBudget: Executive: _g _ SUBJECT.. 1999 Service Charge Sumas/Nooksack/Everson Sub Zone Flood Control District ATTACHMENTS: Ordinance Cover Letter Related County Contract #: Should Clerk schedule a hearing: NO / / YES /x / Requested Date: "UMMARYSTATEMENT: _i their 8120198 official public meeting the Sumas/Nooksack/ � Everson Sub Zone met and reduced the 1999 income portion of their 1999 budget to approximately $67,300 of additional revenue to carry out the proposed Flood Management Program. This Ordinance will raise this amount to carry out a reduced Sub -Zone District program. Ordinance & Resolution keep down our copying costs, indicate re ceive a copy after Cauncil action. Distribution Request only those who must List names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health RECOMMENDED ACTION. Recommend approval Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN: 9998 - 289 A 9/15/98: Amended and Introduced 9/29/98: Adopted 5-2, Brown, Brenner Opposed Ord. #98 -065 Y. ' 1 Prosecutor Public Works Jeff Monsen Sheriff Superior Court Treasurer Other Ordinance or Re olud" Number (this item): .. Nq154316 J:I4GP1VVA CILLCOc 1 SPONSORED BY: Public Works, Engineering 2 PROPOSED BY: County Wide Flood Control Zone Dist. 3 Citizen's Advisory Committee 4 INTRODUCTION DATE: 9/15/98 5 6 ORDINANCE NO. 98-065 8 AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR THE 9 SUMAS /NOOKSACK/EVERSON 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 16 WHEREAS, RCW 86.15.160 (4) authorizes a charge under RCW 36.89.080 for the 17 furnishing of service to those who are receiving or will receive benefits from .stormwater 18 control facilities and who are contributing to an increase in surface water runoff, and 19 20 WHEREAS, in accordance with RCW 86.15.025, part of the Whatcom County Flood 21 Control Zone District has been separated into the Sumas/Nooksack/Everson Sub -Zone, and 22 23 WHEREAS, the Advisory Committee for said Sumas /Nooksack Sub -Zone met on 24 August 20, 1998 at an official public meeting, and 25 26 WHEREAS, said Sub -Zone Advisory Committee concluded that an assessment of 27 $67,300 in additional revenue for 1999 would be necessary to carry out their proposed Flood 28 Management Program, and 29 30 WHEREAS, the Sub -Zone Advisory Committee, recognizing that property within the 31 flood plain should pay more than property out of the flood plain, have accordingly 32 recommended that the assessment be set at two times the County-Wide Flood Zone 33 Assessment per property parcel within the flood plain and 30- percent of the County-Wide 34 Flood Zone assessment for property outside of the flood plain, with a minimum assessment to 35 be set at $5.00, and 36 37 WHEREAS, the County Wide Advisory Committee at its September 3, 1998 public 38 meeting, concurred with the recommended budget and service charge, and 39 40 41 42 WHEREAS, proper administration and enforcement of the payment of the service 1 1 charges requires that a due date for payment be set, and that interest and penalties on 2 delinquent payments of service charges be established by ordinance, and 3 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 8 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 18 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 Sumas /Nooksack/Everson Sub -Flood Control Zone District shall pay 23 a service charge per parcel of two times the County-wide Flood Zone assessment for all 24 parcels within the 100 -year flood plain and / or within 200 -yards of the ordinary high water 25 mark of the Nooksack River and 30- percent of the County-wide Flood Zone assessment for all 26 parcels out of the 100 -year flood plain and greater than 200 -yards from the ordinary high 27 water mark of the Nooksack River, with a minimum assessment of $5.00, with the exception 28 of the 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 E 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 8 ATTEST: 9 10 t 1 12 wn -Da ouncil Clerk 13 14 APPROVED AS TO FORM: 15 15 / 17 I( 18 Civil Deputy Prosecutor 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 3 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Imhof, Council 69 Approved ( ) Denied ate Kremen, Executive Date: