HomeMy WebLinkAboutres1987-0111
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CORRECTED
IIDATE: April 2 , 1987.
INTRODUCED BY: Hansev
PREPARED BY: Engineering
RESOLUTION NO. 87 -11
A RESOLUTION OF THE WHATCOM COUNTY
COUNCIL PROVIDING FOR THE SUBMISSION TO
THE QUALIFIED ELECTORS THEREOF OF A
PROPOSED DRAINAGE DISTRICT AT A SPECIAL
ELECTION TO BE HELD ON MAY 19, 1987 OF A
PROPOSITION FOR THE CREATION OF A
DRAINAGE IMPROVEMENT DISTRICT TO BE KNOWN
AS THE SUMAS RIVER DRAINAGE IMPROVEMENT
DISTRICT WITHIN WHATCOM COUNTY AND
REQUESTING THE WHATCOM COUNTY AUDITOR TO
CONDUCT SAID SPECIAL ELECTION.
WHEREAS, the County Council of Whatcom County (the "Council ")
has found and determined that the creation of a special drainage
improvement district to be known as The Sumas River Drainage
Improvement District, (the "District ") pursuant to RCW Ch. 85.38
is in the public interest; and
WHEREAS, the Council has found and determined that the
purposes to be served by the creation of the District and the
projects described in Exhibit A attached hereto to be carried out
(the "Projects ") would be and are in the public interest; and
WHEREAS, by Resolution No. 86 -46, the Council directed the
county engineer to investigate the proposed boundaries and the
feasibility of the Projects; and
WHEREAS, the county engineer reported after investigation
that the proposed boundaries and Projects were feasible and
economical; and
WHEREAS, by Resolution No. 86 -46, the Council authorized the
scheduling of a public hearing on the proposed special district
upon receipt of such report and directed that notice of that
public hearing be published in compliance with RCW Ch. 85.38.040;
and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 .
23
24
25
26
27
28
29
30
31
32
WHEREAS, said public hearing was held on February 19, 1987
and comments on the proposed drainage district were made.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF
WHATCOM COUNTY, WASHINGTON, as follows:
Section 1. Findings. As required by RCW 85.38.050, the
Board hereby finds that:
(1) the proposed District (legally described herein as to its
boundary by reference to Exhibit B attached hereto and made a part
hereof) will serve these purposes (i) engage in flood control
activities, and investigate, plan, construct, acquire, repair,
maintain, and operate improvements, works, projects, and
facilities necessary to prevent inundation or flooding from
rivers, streams, tidal waters or other waters; (ii) engage in
drainage control, storm water control, and surface water control
activities, and investigate, plan, construct, acquire, repair,
maintain, and operate improvements works, projects, and facilities
necessary to control and treat storm water, surface water and
flood water; (iii) take actions necessary to protect life and
property from inundation or flow of flood waters, storm waters, or
surface waters;
(2) creation of the District will be conducive to the public
health, convenience and welfare;
(3) creation of the District will be of special benefit to a
majority of the lands included within the District;
(4) the proposed improvement Projects are feasible,
economical, and the benefits from the Projects exceed costs for
the Projects.
Section 2. Special Election. It is hereby found and
declared that an emergency exists and that it is necessary to
submit to the qualified electors of the District the proposition
of whether or not the County shall create the Sumas River Drainage
Improvement District. The County Auditor is hereby requested also
-2- JAB63 87/03/25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
:o find the existence of such emergency and to call a special
election on the question of creating the Sumas River Drainage
Improvement District on May 19, 1987. Votes may be cast at
)recinct locations to be identified by the County Auditor between
:he hours of 7:30 a.m. to 8:00 p.m.
The Secretary of the Board is hereby authorized and directed
:o certify said proposition to the County Auditor in the following
=orm:
SUMAS RIVER DRAINAGE IMPROVEMENT DISTRICT
PROPOSITION NO.
For the purpose of engaging in flood control and
drainage control and construction of improvements
necessary to promote these activities, shall Whatcom
County form the Sumas River Drainage Improvement
District?
YES............................
NO............................
The proposition shall be submitted to the voters of the
)istrict in accordance with procedures adopted by the Whatcom
:ounty Auditor for carrying out a special election. The County
kuditor is further directed to prepare a list of presumed eligible
roters for such special election, as required by RCW 85.38.060.
-3- JAB63 87/03/25
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
PASSED by the County Council of Whatcom County, Washington,
at a regular meeting of said Council this 2nd day of April
1987.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl, Acting Chair
ATTEST:
CAROL EBERGS N ✓
Clerk of the Cowicil
APPROVED AS TO FORM:
Civil
Prosecuting Attorney
"EXHIBIT A"
PROPOSED PROJECTS FOR
SUMAS RIVER DRAINAGE IMPROVEMENT DISTRICT
Improvements
Project Length
Sumas River 17.5 Miles
Clean out from Hopewell Road to border.
Swift Creek 1.7 Miles
Clean out from Goodwin Road to confluence with Sumas River.
Breckenridge Creek 3.03 Miles
Clean out from Liebrant Road to confluence with Sumas River.
Goodwin Road Ditch 1.8 Miles
Clean out from Goodwin Road to confluence with Sumas River.
Dale Creek
Clean out from Mack Road to confluence with Sumas River .5 Miles
Kinney Creek .4 Miles
Clean out from Lindsey Road to confluence with Sumas River.
Swift Creek Sediment Ponds
March - 1987
._ .'.... . .` ;,,.i'......, :1. 1.. i. 'n t,. il"4 :•.,I�... w,1. .. .... 1• .,V,; . V... . V i . . .. ...Wa•.J•i1N..�/a --r-4 - :.NC, • . _.i4el
f
�`7 M
"EXHIBIT B"
Commencing at the intersection of the W. section line of Sec. 12,
Twp. 40 N., Rge.'4 E. and the Chicago Milwaukee St, Paul and Pacific
Railroad right of way;
thence Southeasterly along the railroad right of way to. the intersection
with the W. 1/14 line of Sec. 12, Twp. 40 N., Rgo. 4 E;
Chance Southerly along-the W. 1/16 line of Sections 12 anti 13;-Twp. 40 N.,..:
Rge. 4 E. to the c.enkar`:pf the S. W,-1 /4 of Sec. 134 Two., 0 N., Rge. 4.$.
thence Easterly along the S. 1/16 line of Sec. 13, Twp. 4,0.pi,. Rge. 4 E;
and Seca 18, Twp..-40 N',; Rge. 5 E.' to the S. 1/16 'tQrnar of. thip E. section
liue 'of said Sec*; 18;
thence Southerly 419ng the E. section linea of Sections 18, 19 and 30, Twp.
40'N.9 Rge. 5 E. to the. S. E. section corner of SeG,, 3Q,.•. •.49.N., Roe-
thence Southwesterly direct to the S. W. section cgruex .Qfpac Twp,'.
40, fit. , Rge.. E;
thence Southwesterly direct to the W. 1/16 corner'of-•Cha,.4. section line
of Sec-'l, Twp. 39 N., Rge. 4 E;..
thence Southwesterly dir.act to the E. 1/16 corner of the ,$,-section line of
Sec..11, Twp. 39 N., Rge. 4 E;
thour e Southerly along the X•-1/16 line of Sec: X4, Twp. 39 N. Roe ,• 4 T. to
the E. 1/16 corner an the S. section fine 4f -44id Seca •14,':.
Ownco Southwoo-ter ly direct to the. center ,of Sec, 23, T.. 39 N., Rge. 4.X;
thence Southerly.along the North -South denterline of Sec, 23, Twp. 39 X.•
ASe• 4. E. tQ tho. S. I/X6 line of said Sec. 23 ;..'
thpace Westerly along them S• 1/16 line of 'Sections. 23 and 22,. Twp. 39 N.
Rga., -A E., tq the 'lRtereectiott with the Nprtheru Part r. a4 right of
vey, .. .
thence Northwesterly along the Northern Pacific Railroad right�of way to the
S.. ".Rion line (centerllna Massoy .Road) of Sec, .32, Twp. 40 N, r Roe. .4 E;
theace Easterly along the S. suction line of Ago `.3 -'Tv ".4.0. N ; Rse. `4
to the .S. 1/4 cornet' of said Sec. 32;'
thence Northerly alopg.the centerlines of Secti4as 12, 39,4n4 Z0, Twp.
age ;•4,E•, to the. N:.-v 4 corner of said Sec. 20;
thence Easterly along the N. section line of Sec. 240, Twp. 40 N., Rge. 4 E.,
t9 .the E• 1 /16'cQrner .Qf. said Sec. 20;
thence Northerly along the E. 1/16 line to the'pent,er of the S. E. 1/4 of
Sag: 17, Tvp, • p..�1: �:1. Eel' 4' E;
theme Easterly along the S. 1 /16 line of Sections X. 7.anl'. 6., Twpo'.40 K.
Roo. 4 S. to the center• of the S.. W. 114 of ,+paid Sec,
tboace Northerly al.Qag "the W.' Xl16 line to the last - ;West' �gptiA;Cline of Sec..
lo, r 40 N.$�, 4' .IESt
.. ... .. ,..M ........... _ _ .... .... +.�r.,.....,f. , ..� .....: „,.,...,:. ...... .. ..,r .0 .. ,. ,.w.<vu....,.w,.M:.r.u.r.. •f+Mwrv: , r.e +aa wlw ,..w rm 'ar. ....,a .,.:•.dYY11�Ri:
thence Easterly along the centerline of Sec. 16, T", 4.9 N., Rge. 4 E.
tQ 'the E. 1. /4. .carper- of said $gq. ,16; '
theroge Northerly along the. E. spct4gn line (Garrison Road) of Sec. 16,•
•N., .RSC.. k`. .; to the N...E. 'sectioa corner. Qf a$id. Sac.. 16;
thence Easterly along.the�S. section line (Badger Road), 91. Sec,. lot Twp. '
40 V., Rge.'4 RP to. thd,. :cgnter of the Telegraph Road;
• thence Northeasterly along the centerline of the Telegraph' Iioad to the
E. section line pf:pe.q,: 10, Twp, 40 N., Rp, .4 E: `
thence Northerly along' the E. section ling of $ac... 14„ .Twp. 4Q N.., R;¢e.
4 .R. t4 cepterlilne<' : of : the; Morgan Road;
thauoe Easterly'algag Khe'canterline of the MgrB*u'Road to,the W. 1116
Niue '(hovel .hoeda Q 11t Twp. 40 N.4 Rge,
th4mca Nort,„herl,y . along tba 'W. 1/16 line (Hovel Road) Qf. Segtiops 11 and 2,.
TWPti 49 N, gSa•' a &.• :f:Q the center of the N. W. • 1/4 94 'Sag., 2,.'.R.. 44 N,,
'R E;
th4oge ' .terly along the N., 1/16 line to' the Alprth- Sput•h.: 9,qn orb i,00 of
40 .N. �' RSa.. E;
thence Northerly along the North -South centerline to 0% Vii. 114',. corner.. (Roc.} '
thence Wester. y olopg the. N. section line of Sec. 2, Twp •.4Q N., R$ @...k •
tq':the W. 1/16 cprnar- the .said N. section: Uu.a.�
thenap Northeasterly direct to the N. W. corner'.of the R. 114 of the
,�..:.R,• 1/4 of .the S ;N:,;:;1��► of Sec. 35, Twp..41.�..RRs.
thence tetetly eIAA� t� ',. 1116 li�t4' of Sac• 14e. 4 E. to
. C,h�►. �u!�a •diver; ' . i.;:' :,: ...,.., ,. r j,
thence Easterly? :�1,a�pR, l:laa S.umo.g River to the co pfiu±eac@ 'a .alas Pumas River and
.Ioh ..PA Greek;'' }:
thaocs Northw4aterl�F' .ditact to, 'the N. 114 corner of Seca 3o.p., Twp. 41 N.,.
R ®� =�4 E• a pginC ..>�e.),.pg' Qn .tha .lntexnatio�, 4A x. 'i
thepce' Paot,erly:'eloq t4a '-U.S.- ,Canada 'border, to the ihtergoegign with the
d.tho'weeper bouradelxY.
of Araiaa a. ,lmprc�v . p�;.p��txict: No. 15;.. :.
,•:'.
tbe;, contiputn* alang D,T.A.' No. 14 boundary# !S ?uthWaeCe+xly along the Suus�a
R xe .to the . {!ti�ri►actlpA. With. the W.,..1/16'1 pf, S: of n. �►�: Two. 41 N.
' Rye � ; , ` '.!,' If • :1r '
the�nc.e, continuing elong,Vrl Ur I.A.' No. 15 • bpundary.. Southorlyr''along the W. 1/16
.iris. og .$ectl.qp 361. `` . l l � R e•. 4 R:. t9 the c.agtex f','i�he .S. W. lJ4 of
Oc
khq ! ,.`contiquim aXain
I'D N )5 bound#1x7rr.114att� 1 '+�lor►g''the S. lllb
li4,0f'sea qu' ! 4 �i.,,, Rya. ha a�xtb-*Spv�h cants ne ag
s�ld5,. 36'
4'E.• tq t r
theca,: continµixiig ,*1qp p.1 D.' W. 15 bvuudary;' Out *ij #]�gng the' North-
o cente<r�iu 6 �i1 N. R e 4:.. ` o
#Ail IL
Was j ppg..L�..T.R;' N4: ''x3 bQiWary Wsato#y ? .f.aea more or
le�ar,`yalon$ thq� �PApN one: 4g SaC, 36r ` Two,, �iX,'l• 4r (�et1Ca?�1ir�a
1 _. V• ) ''ri: j� l 'rl, Ali, . ._1'.- X11.1. ' .1,'`.�4cc• _
• ,1,11 �,' n .t. .�: .,...i�'...,.: ' p.,it•
OP. , • \' :C,S ,1t.:N1 .,...' '.:.,• ,. .:.5• .: l,j`.`I j.. 'l�,r, I.j'�• •
thence, continuing along D.I.D. No. 15 boundary, Southerly in Sec. 1,
Twp.. 40 N., RSa..4 11. 5$0 feet•.more or lean;
thence, continuing.along D.I.D, No. 15 boundary*, W4aterl 820 feet more
thpace, continuing elong.D'.I.D. No. 15 boundary. Southerly 785 feet more or less
to the N, 1/16 line of Sec. 1, Twp. 40 N., Rge. 4 F.
thence, continuing along D.I.A. No. 15 boundary, Westerly 400 feet more or lose
along the N. 1 /16'line of Sec. 1, Twp. 40 N., Rge. 4 E. to a point 200 feet
B.:pf the center of the N. W. 1/4 of said Sec. 1;
thence, cont,inuing along D.I.D. No. 15 boundary,.Southwesterly approximately
550 feet direct to a point on the W.*1 /16 line of Sec..l, Twp. 40 N., Rge. 4 E.
lying 500, feet S. of-the center of the. N. -W. 1/4 .oaf said Sec. 1;
thence, continuing along D.I.D. No. 15 boundary, pautherly approximately 300
feet along the W. :1 /16'line of Sec. 1, Twp. 40.N,,,Itga. 4 ., to a point 460
feet N. of the Fast -Weak centerllne of said S ®o., lt.,
> <:
thence.: continuing "along D:I.D, No. 15 boundary, Southwg4tsrly approximately
2175.feet direct to the $, 1/16 corner of Ch@ W. pection line of Sec. 1l, Twp.
40 N . , Rge. 4 R;
thence, continuing along D.I.D. No. 15 boundary,.S:outherly along the W. section
I'44a of Sections land �2, Twp.. 40 N., Rge. 4 Rt.to the point.of beginning..
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CLERK'S CERTIFICATE
I, the undersigned, the duly chosen, qualified and acting
Clerk of the County Council of Whatcom County, Washington (the
"County "), and keeper of the records of the County Council (herein
called the "Council "), DO HEREBY CERTIFY:
1. That the attached Resolution No.87- 11(herein called the
"Resolution ") is a true and correct copy of an ordinance of the
County as finally passed at a meeting of the held on the 2ndday
of April , 1987, and duly recorded in my office.
2. That said meeting was duly convened and held in all
respects in accordance with law, and, to the extent required by
law, due and proper notice of such meeting was given; that a
quorum was present throughout the meeting and a legally sufficient
number of members of the Council voted in the proper manner for
the adoption of said Resolution; that all other requirements and
proceedings incident to the proper passage of said Resolution have
been duly fulfilled, carried out and otherwise observed, and that
I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the County this 6th day of April , 1987.
Clef of the Counci
Whatcom County, Washington
[SEAL]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CLERK'S CERTIFICATE
I, the undersigned, the duly chosen, qualified and acting
Clerk of the County Council of Whatcom County, Washington (the
"County "), and keeper of the records of the County Council (herein
called the "Council "), DO HEREBY CERTIFY:
1. That the attached Resolution No.87- 11(herein called the
"Resolution ") is a true and correct copy of an ordinance of the
County as finally passed at a meeting of the held on the 2ndday
of April , 1987, and duly recorded in my office.
2. That said meeting was duly convened and held in all
respects in accordance with law, and, to the extent required by
law, due and proper notice of such meeting was given; that a
quorum was present throughout the meeting and a legally sufficient
number of members of the Council voted in the proper manner for
the adoption of said Resolution; that all other requirements and
proceedings incident to the proper passage of said Resolution have
been duly fulfilled, carried out and otherwise observed, and that
I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the County this 6th day of April , 1987.
C-C�2 1
Cler of the Counci
Whatcom County, Washington
[SEAL]
JAB63 87/03/25