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HomeMy WebLinkAboutres1993-063WHATCOM COUNTY COUNCIL AGENDA BILL NO. 93 -346 �ARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: — ginator. Council 09 /14/93 Flood Dist/Introduction Division Head: 10/26/93 Flood Dist/Hearing Dept. Head: 1.2 / 14./ 93 council Prosecutor. 1/4/94 Council Purchasing/Budget: Executive: SUBJECT: A resolution adopting a funding mechanism for the Whatcom County Flood Control Zone Distrimand authorizing the collection of charges for State and Port-owned properties. ATTACHMENTS: Letter from DNR dated June 17, 1993 Resolution SUMMARY STATEMENT Please complete sections of box as appropriate & explain the item below. Related County contract #: Should Clerk schedule a hearing? NO YES /xx/ Requested date: Amount budgeted for this item /project: $ Is it or will it be within budget? YES NO Please explain below Budget line item number(s): , i _ County -wide Flood Control Zone District shall apply a rate structure as a service charge to all State and Port-owned parcels within the unincorporated and incorporated areas of Whatcom County. This resolution sets forth that rate structure. This service charge is an interim measure only. At the end of a three year term the funding mechanism as set forth in this resolution shall be terminated. It will be the responsibility of the District to establish its permanent funding mechanism. The Council recognizes the need for a more specific system that levies service charges. Complexities and time requirements of designing and executing such a system is such that a temporary funding mechanism is needed to protect the public welfare and property. ORIGINATOR'S RECOMMENDED ACT ION: Pass COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN 9/14/93: Introduced '6/93: Laidlaw moved to refer this appropriate, for review of response to be brought back 12/14/93: Held until4 /4/94 Meeting Related File Numbers: AB92 =106 matter to the legal staff, and other staffaas the legal concerns presented by Olsen (DNR), with a to the Council. Rea 93 -0&3 1/4/94: Council approved the resolution.6 -1 Brenner opposed Ordinance or Resolution Number (this item only : k2es -94 --02 flmech.ws 08/31/93 SPONSORED BY: Consent PROPOSED BY: Council INTRODUCTION DATE: 9,114,193 1 A resolution of the Governing Body 2 of the County-wide Flood Control Zone District 3 RESOLUTION NO. 93 -063 4 5 A RESOLUTION ADOPTING A FUNDING MECHANISM FOR THE 6 COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT AND AUTHORIZING 7 COLLECTION OF CHARGES ON STATE AND PORT -OWNED PROPERTIES. 8 WHEREAS, floods pose threats to public health and safety including loss or 9 endangerment to human life; damage to homes; damage to public roads, highways, bridges, 10 and utilities; interruption of travel, communication, and commerce; damage to private and 11 public property; degradation of water quality; damage to fisheries, fish hatcheries, and fish 12 habitat; harm to livestock; destruction or degradation of environmentally sensitive areas; erosion of soil, stream banks, and beds; and harmful accumulation of soil and debris in the beds of streams or other bodies of water and on public and private lands; and, 15 WHEREAS, alleviation of flood damage to property and to public health and safety 16 is a matter of public concerns; and, 17 WHEREAS, many land uses alter the pattern of runoff by decreasing the ability of . 18 upstream lands to store waters, thus increasing the rate of runoff and attendant downstream 19 impacts; and, 20 WHEREAS, prevention of flood. damage requires a comprehensive approach, 21 incorporating storm water management and basin -wide flood damage protection planning; 22 and, 23 WHEREAS, coordination of all regulatory, planning and financing mechanisms 24 available to the County -wide Flood Control Zone District is critical to address the problems 25 of flooding in an equitable and comprehensive manner; and, 26 WHEREAS, it is the intent of the Board to develop a coordinated and 27 comprehensive policy to address the problems of flooding and minimization of flood 28 damage; and, Page 1 I WHEREAS, the Board finds it in the best interest of the public to enact the provisions of RCW Chapter 86.15 and RCW 36.89 which allows flood control zone districts 3 to place a lien and foreclose on properties. 4 NOW, THEREFORE, BE IT RESOLVED by the County -wide Flood Control Zone 5 District Board that the funding mechanism as set forth in Exhibit "A" attached hereto and 6 by this reference incorporated herein is adopted. 7 BE IT FURTHER RESOLVED that the funding mechanism established in this 8 resolution terminates not later than December 31, 1995. During this time it will be the 9 responsibility of the County -wide Flood Control Zone District to establish its permanent 10 funding mechanism. 11 BE IT FURTHER RESOLVED that recognizing that their members benefit too 12 from flood mitigation measures but are not subject to the flood charge the Administration 13 is requested to request from the Indian Nations an appropriate contribution to the fund 14 herein. 15 BE IT FURTHER RESOLVED that a portion of the funds collected from this 16 funding mechanism shall be expended on flood control and mitigation for areas within 17 Whatcom County but outside the Nooksack River basin. The Administration is requested 18 to work with representatives from such areas to develop an appropriated allocation formula 1) which may take into consideration contributions and benefits, allocation formulas are to be _J approved by the Board. 21 APPROVED this 26th day of October 1993. 22 23 24 ATTEST: 25 26 Ramona Reeves, Council Clerk 27 APPROVED AS TO FORM: 28 &."t /' - 29 Civil Deputy Pros. Atty. COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT BOARD WHATCOM COUNTY, WASHINGTON arge law, Council Chair Page 2