HomeMy WebLinkAboutord1998-085WIIATCOM COUNTY COUNCIL AGENDA BILL
NO. 98 -408
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
riginator:
Jeffrey M. Monsen
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NOV 1 p 1 fi
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W ATCOM COUNTY
COUNCIL
11/24/98
Introduction
Division Head:
12/08/98
Hearing
Dept Head:
Jeffrey M. Monsen
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Prosecutor
Daniel L. Gibson
DG
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Purchasing/Budget.
Executive:
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SUBJECT.
Ordinance amending Ordinance 91 -076 to Clarify Governing and Administrative Structure for County -wide Flood Control
Zone District.
ATTACHMENTS:
Ordinance
Cover memorandum
Related County Contract #:
Should Clerk schedule a hearing: NO/ / YES / X / Requested Date:
�UMMARYSTATEMENT.
This proposed ordinance clarifies the governing and administrative
structure and designation of responsibilities for the County -wide Flood
Control Zone District.
Ordinance & Resolution
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COUNCIL ACTION TAKEN.
1998 - 408 11/24/98: Introduced
12/8/98: Adopted 4 -3, Brown, Brenner, Hoag Opposed - Ord.
#98 -085
Prosecutor
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Ordinance or Resolution Number
(this item):
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SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE: 11/24/98
ORDINANCE NO. 98- 085
AMENDING ORDINANCE NO. 91 -076
TO CLARIFY GOVERNING AND ADMINISTRATIVE STRUCTURE FOR
COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT
WHEREAS, RCW 86.15 provides a statutory basis for the formation of flood control
zone districts by action of a county's legislative authority; and
WHEREAS, the Whatcom County Council did establish a county -wide Flood Control
Zone District by legislative action on October 22, 1991 through the adoption of Ordinance No.
91 -076; and
WHEREAS, RCW 86.15.050 provides that the board of county commissioners of each
county shall constitute the supervisors of the Flood Control Zone District within each county;
and
WHEREAS, Whatcom County is a county which has adopted a home -rule charter that
establishes the apportionment of power within county government; and
WHEREAS, under Whatcom County's home -rule charter, the powers and duties of the
former board of county commissioners have been divided and reassigned to an elected County
Executive and to a seven - member County Council, each of whose members is elected; and
WHEREAS, under the County's home -rule charter, the legislative authority and
responsibility formerly vested in the board of county commissioners is now vested in the County
Council, and the executive authority and responsibility formerly vested in the board of county
commissioners is now vested in the County Executive; and
WHEREAS, the administrative officer who is identified by RCW 86.15.060 as the person
responsible for the affairs of the Flood Control Zone District is the County Engineer; and
WHEREAS, in Whatcom County, that position is filled by the Director of the Public
Works Department, who operates under the administrative oversight and direction of the County
Executive rather than that of the County Council; and
WHEREAS, for the purposes of consistency and sound public policy, it makes the most
sense for the affairs of the Flood Control Zone District to be administered under the same
division of authority and responsibility as the County; and
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I WHEREAS, the legal enactments of the Whatcom County Council or the Flood Control
2 Zone District Board of Supervisors pertaining to flood control should be codified in a place
3 convenient to find, such as in the Whatcom County Code, and at the same time in a way which
4 helps to make clear that flood control activities are, strictly speaking, the function of the district
5 rather than of the County;
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7 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance
8 No. 91 -076 be amended as set forth hereinafter:
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10 BE IT FURTHER ORDAINED that in accordance with RCW 86.15.050, the 44.,, +,.,,.,.,
11 COURty COUReil bO,
12 .the Board of Supervisors for the
13 Flood Control Zone District be composed of the members of the Whatcom County Council and
14 the County Executive, and that the authority and duties of the legislative and executive
15 components of the Board of Supervisors be apportioned and performed in the same manner as
16 that provided by the Whatcom County Home Rule Charter, as presently constituted and as it may
17 hereafter be amended, for the governance of the affairs of the County; and
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19 BE IT FURTHER ORDAINED that the position and duties of the Engineer of the District
20 be filled and discharged by the Director of the Public Works Department, who is the County
21 Engineer, for purposes of RCW 86.15.060;
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23 BE IT FURTHER ORDAINED that the enactments of law by the County Council or by the
24 Flood Control Zone District Board of Supervisors pertaining to the creation, funding, governance,
25 and fulfillment of the purposes of the district be codified and where necessary, recodified, as Title
26 17A of the Whatcom County Code
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28 ADOPTED this 8 day of December , 1998.
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30 WHATCOM COUNTY COUNCIL
31 ATTEST: WHATCOM COUNTY, WASHINGTON
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35 wn- Davis, Council Clerk Robert Imhof
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38 APPROVED AS TO FORM: ( pproved ( ) Denied
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42 Daniel Gibson, Civil Deputy Prosecutor P emen, County Executive
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