HomeMy WebLinkAboutres1991-011.SVHATCOM COUNTY COUP L AGENDA BILL V0. 91 -020.A
CLEAR initial Dated Date Received -i ice• 3Assi gned To:
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COUNCIL
SUBJECT: -
Proposed Deming Q.iking District
ATTACHMENTS.
1. Cover letter
2. Engineer's report with attachments
3. Resolution for Election public Hearing Needed? Yes No / x/
SUMMARY STATEMENT.•
At the direction of the County Executive and County Council
Resolution 91 -006, and as provided for in RCW Chapter 85, we have
reviewed the property boundaries and feasibility of the proposed
projects for said Diking District.
ORIGINATORS RECOMMENDED ACTION.•
Approval of report and passage of resolution/
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
3- 12 -91: Council passed 7 -0
Related File Numbers:
Ordinance or Resolution Number. RE s 91- 011
diking.res 3/6/91 SPONSORED BY: Consent
PROPOSED BY: Engineering_
INTRODUCTION DATE: 3 -12 -91
1 RESOLUTION NO. 91 -011
2 DETERMINING THAT CREATION OF A DIKING DISTRICT IN THE DEMING
3 AREA IS FEASIBLE AND APPROPRIATE, AND REQUESTING THAT AN
4 ELECTION SEEKING FORMATION OF THE DISTRICT TAKE PLACE
5 WHEREAS, the Council passed a resolution January 22, 1991 which: Proposed the
6 creation of a diking district for the purpose of undertaking and maintaining certain flood
7 control improvement projects in the Deming area; directed the County Engineer to
8 investigate the proposed boundaries of said diking district; and directed the engineer to
9 report the findings of the investigation at a public hearing on March 12, 1991; and
10 WHEREAS, the Engineer's report of feasibility for the proposed Diking District was
11 presented and a public hearing took place at the March 12, 1991 meeting; and
12 WHEREAS, proposed Deming diking district objects sought and projects proposed
13 are attached and incorporated herein as Exhibit A, and a legal description of the proposed
.I district is attached and incorporated herein as Exhibit B; and
15 WHEREAS, formation of special districts, including diking districts, is governed by
16 RCW 85.38;
17 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
18 following has been established as a result of the Engineer's report and testimony taken at
19 the public hearing:
20 Section 1. Findings. As required by RCW 85.38, the Council hereby finds that:
21 (1) The area to be included in the proposed diking district is as stipulated in the attached
22 legal description (Exhibit B);
23 (2) Creation of the special district will be conducive to the public health, convenience
24 and welfare;
25 (3) The creation of the special district will be of special benefit to a majority of the lands
26 included within the special district;
27 (4) The proposed improvements are feasible and economical, and that the benefits of
28 these improvements exceed costs for the improvements.
Page 1
I Section 2. Special Election. The County Auditor is requested to call a special election on
L the question of creating the Deming Diking District as follows:
3 (1) An election on the question of creating the special district will take place Tuesday,
4 May 28, 1991 at Immanuel Lutheran Church, 5782 Lawrence Road, Everson. Polls will be
5 open from 7 a.m. to 8 p.m.
6 (2) As required by RCW 8538.060, the County Auditor shall conduct the election and
7 prepare a list of eligible voters.
8 (3) Notices of the election shall be published and posted as provided in RCW 85.38.040
9 and 85.38.120 by the County Auditor.
10 (4) The special district shall be created if the proposition to create the special district
11 is approved by a simple majority vote of the voters participating in the election and the
12 special district may assume operations whenever the initial members of the governing body
13 are appointed as provided in RCW 85.38.070.
14 (5) The initial members of the governing body of a newly created special district shall
15 be appointed by the County Council, as required in RCW 84.38.070 (3). These initial
16 governing body members shall serve until their successors are elected and qualified at the
17 next special district general election held at least 90 days after the special district is
18 established.
19 (5) If the special district is created, the county may charge the special district for the
20 costs incurred by the county engineer pursuant to RCW 85.30.030 and the costs of the
21 auditor related to the election to authorized the creation of the district pursuant to this
22 section. (RCW 85.38.060).
23 APPROVED this 1 2t-hday of Ma,-,-h , 1991.
24
25 ATTEST:
26�
27 Ramona Reeves, Council Clerk
28 APPROVED AS TO FORM:
29
30
Civil Deputy Pros. Atty.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Daniel M. Warner, Chairman
Page 2
FXNTRTT "A"
DEMING DIKING DISTRICT
PROPOSED PROJECTS
A. Construct dikes in vulnerable areas and enlarge them in the
future.
B. Protect the river bank with riprap.
C. Deepen and widen the river channel.
D. Remove large gravel bars. _ --
E. Develop and implement an on -going maintenance program for the
river channel and the district projects.
EXHIBIT 'B'
LEGAL DESCRIPTION
PROPOSED DEMING DIKING DISTRICT
A diking district contained within and being portions of Section
31, Township 39 North, Range 5 East of W.M. and Sections
21,22,25,26,27,28,35 and 36, Township 39 North, Range 4 East of
W.M., Whatcom County, Washington and being further described as
follows;
Beginning at the intersection of the north -south center of
section line of said Section 31 with the Northeasterly or Right
bank, Ordinary High Water Line of the Nooksack River; thence
northerly along said north -south center of section line, 280 feet,
more or less, to the Southerly Right of Way line of the Northern
Pacific Railroad Right of Way; thence Northwesterly along said
Southerly Right of Way line, 4.6 miles, more or less, to the North
line of the Southwest quarter of the Northeast quarter of Section
21, Township 39 North, Range 4 East of W.M.; thence Westerly along
said North line to the Northwest corner of the Southwest quarter
of the Northeast quarter of said section 21; thence Southerly along
said north -south center of section line extended to intersect the
Northeasterly or Right bank, Ordinary High Water Line of the
Nooksack River; thence Southeasterly along said Ordinary High Water
Line to the intersection of the north -south center of section line
of said Section 31 with the Northeasterly or Right bank, Ordinary
High Water Line of the Nooksack River, and the Point of Beginning.
Amended Description - March 1, 1991