HomeMy WebLinkAboutord1995-036WHATCOM COUNTY COUNCIL AGENDA BILL NO. - 9 -I97C
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
7riginator. Bob Imhof
7/5/
95
7/18/95
, Introduced, County Council
Division Head:
Dept. Head:
Prosecutor.
Purchasing /Budget:
Executive:
SUBJECT
Ordinance Creating a Special Shellfish Protection District and a Response Plan, as Required by RCW 90.72
ATTACHMENTS:
SUMMARY STATEMENT.: Please complete sections of box as appropriate & explain the item below
Related County contract #:
Should Clerk schedule a hearing? NO YES Requested date:
Amount budgeted for this item /project:
Is it or will it be within budget? YES NO lease explain below
Budget line item number(s):
ORIGINATOR'S RECOMMENDED ACTION
COUNCIL ACTION TAKEN:
7/5/95: Introduced
7/18/95: Substitute amended and adopted 6 -0
Related File Numbers:
Ordinance or Resolution Number (this item only):
Ord 95 -036
Shelfalordnew 7/11/95 SPONSORED BY: HARRISAMHOF
PROPOSED BY: HARRIS jIMHOF
INTRODUCTION DATE: 715/95
1 ORDINANCE NO. 95 -036
2 ESTABLISHING A SHELLFISH PROTECTION DISTRICT
3 IN THE DRAYTON HARBOR WATERSHED
4 WHEREAS, on January 11, 1995 the State Department of Health downgraded
5 the status of portions of Drayton Harbor as either prohibited or restricted for the
6 production and consumption of shellfish as a result of elevated levels of fecal bacteria;
7 and
8 WHEREAS, as a result of the downgrade RCW 90.72.045 requires Whatcom
9 County to form a Shellfish Protection District to address non -point sources of pollution
10 that have lead to the downgraded status; and
11 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
12 a Drayton Harbor Watershed Shellfish Protection District as shown in Attachment A is
13 hereby adopted.
14 ADOPTED this 18th day of July , 1995.
15
16 ATTEST:
17
18 rown - Davis, ounc'11 Clerk
19 APPROVED AS TO FORM:
20 9"t o -
21 Civil Deputy Prosecutor
22
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
�1 1 � F.71%, i i.
' ho i
( ) Approved ( ) Denied
Shirley Van Zanten, Executive
Date: 'f . 2.9 9 5
***Clerk's Note: The Executive declined to sign this ordinance on 7/25/95. She states,
in an informal, handwritten note (signed by Shirley Van Zanten), "I am declining to sign
Ord. 95 -036 because I am uneasy about the adequacy of the process followed in its
adoption ". Whatcom County Home Rule Charter Section 2.30 states, in part: "If the
Executive does not either sign or veto an ordinance within ten (10) days, Saturdays,
Sundays, and holidays excepted, after presentation of the ordinance by the Council, it
shall become law without the Executive's signature." this .ordinance was adopted
Dated 7/31/95
to
C&- f- c U&. t,A o jr IL1.0- pure
I Yt i s CL.dcp�i(�t•
AL )&-J-1 --
1 Chapter 16.20 (NEW)
2 Drayton Harbor Shellfish Protection District
3 Sections
4 16.20.010 Establishment and authority of district.
5 16.20.015 Purpose.
6 .16.20.020 District boundaries.
7 16.20.040 Revenue authority.
8 16.20.050 Sunset date and dissolution of district.
9 16.20.060 Relationship with other entities.
10 16.20.065 Advisory groups.
11 16.20.090 Severability.
12 16.20.010 Establishment and authority of district. There is hereby established the
13 Drayton Harbor Shellfish Protection District under the authority of RCW 90.72 Shellfish
14 Protection District.
15 16.20.015 Purpose. The purpose of the district is to provide services to citizens
16 experiencing non -point pollution of surface water drainages, and coastal waters and to
17 implement those portions of the Closure Response Strategy necessary to allow removal
18 of the Drayton Harbor downgrade:
19 Section 16.20.020 District boundaries. The district shall be the approximate area
20 included in the Drayton Harbor Watershed and contained within the boundaries that are
21 declared as follows:
22
Commencing on the forty -ninth parallel at the point dividing the American and
23
Canadian territory in the Gulf of Georgia; thence easterly along said international
24
boundary line to the intersection of Markworth Road; thence southerly along the
25
centerline of Markworth Road to the intersection of Badger Road; thence
26
easterly along the centerline of Badger Road to the intersection of Glendale
27
Road; thence southerly along the centerline of Glendale Road to the intersection
28
of Loomis Trail Road; thence westerly along the centerline of Loomis Trail Road
29
to the intersection of Bob Hall road; thence southerly along the centerline. of Bob
30
Hall Road to the intersection of Birch Bay - Lynden Road; thence westerly along
31
the centerline of Birch Bay- Lynden Road to the intersection of Woodland Road;
32
thence southerly along the centerline of Woodland Road to the intersection of
33
Harksell Road; thence easterly along the centerline of Harksell Road to the
34
intersection of Enterprise Road; thence southerly along the centerline of
35
Enterprise Road to the intersection of Aldergrove Road; thence westerly along
36
the centerline of Aldergrove road to the intersection of Olson Road; thence
37
northerly along the centerline of Olson Road to the intersection of Grandview
38
Road; thence westerly along the centerline of Grandview Road to the intersection
39
of Valley View road; thence northerly along the centerline of Valley View Road
10
to the intersection of Bay Road; thence westerly along the centerline of Bay Road
1 to the intersection of Kickerville Road; thence northerly along the centerline of
2 Kickerville Road to the intersection of Birch Bay - Lynden Road; thence westerly
3 along the centerline of Birch Bay - Lynden Road to the intersection of. Blaine
4 Road; thence northerly along the centerline of Blaine Road to the intersection of
5 Lincoln Road; then westerly along the centerline of Lincoln Road to where it
6 becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo
7 Parkway to the intersection of Drayton Harbor Road; thence following a line
8 running off -shore to the point of origin in the Gulf of Georgia, plotted in such a
9 manner as to follow existing boundaries of land parcels.
10 Section 16.20.040 Revenue authority. The revenue authorities granted under RCW
11 90.72 shall be exercised at the discretion of the Board of Supervisors, which shall be the
12 County Council for the operation of this district.
13 16.20.050 Sunset date and dissolution of district. This district shall be dissolved and
14 this Chapter repealed, on December 31, 1998 unless specifically extended by ordinance
15 of the county legislative authority, or upon the removal of the downgrade. The district
16 may also be dissolved by the county legislative authority by ordinance.
17 16.20.060 Relationship with other entities. No program or activity proposed by the
18 district shall replace or consolidate existing activities performed by cities or other non-
19 county provided water - related special purpose districts without their consent. In
?0 formulating new programs consultation and coordination shall occur with cities and other
21 water related special districts.
22 16.20.065 Advisory groups. The board of supervisors shall appoint an advisory
23 committee of not more than nine members to advise on the overall operations of the
24 district. In establishing district advisory committees, all members shall have a direct
25 interest in the district.
26 16.20.090 Severability. If any provision of this chapter is found to be invalid,. all
27 remaining provisions shall continue in effect.
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