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HomeMy WebLinkAboutres1986-0466 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 II DATE: September 4, 1986 INTRODUCED BY: Burton PREPARED BY: Public Works RESOLUTION NO. A RESOLUTION OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, DECLARING THE INTENTION OF THE COUNTY COUNCIL TO CREATE A DRAINAGE IMPROVEMENT DISTRICT FOR THE PURPOSE OF UNDERTAKING AND MAINTAINING CERTAIN DRAINAGE IMPROVEMENT PROJECTS: SETTING FORTH THE BOUNDARIES OF SAID DRAINAGE IMPROVEMENT DISTRICT; AND DIRECTING THE ENGINEER TO INVESTIGATE THE PROPOSED BOUNDARIES OF SAID DRAINAGE IMPROVEMENT DISTRICT AND THE FEASIBILITY OF SAID PROJECTS. WHEREAS, on or about January 6, 1983, a number of property owners deli- vered to Whatcom County a petition requesting the formation of a drainage improv ment district in the Sumas River Drainage Basin including approximately 21,500 acres, for the purpose of undertaking cleaning, containment, and diversion pro- jects for the purpose of maintaining drainage, controlling erosion, and flooding within said proposed drainage improvement district; and WHEREAS, the County Council on May 16, 1985, adopted a resolution of intention to form said drainage improvement district following verification of said petition and receipt of a bond from the property owners signing the peti- tion; and WHEREAS, the County Council has further directed the County Engineer to undertake the preparation of a schedule of improvements within the proposed drainage improvement district; and WHEREAS, since the time of adoption of said resolution of intention, the State Legislature has enacted RCW ch. 85.38 which provides an alternate exclusive method for the formation of drainage improvement districts and the levy of assessments therein; and WHEREAS, the Council, by the adoption of this resolution, intends to continue with the formation proceedings for said a r 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 proposed drainage improvement district in accordance with the provisions of said I ch. 85.38 RCW; NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF WHATCOM COUNTY, I WASHINGTON, as follows: Section 1. It is the intention of the County Council to create a drainage improvement district and to order certain drainage improvements, the nature of which are as follows: The proposed district has within its bounds approximately 10 sub - basins. All of these basins require some channel cleaning, sedimentation control, debris removal and culvert replacement to enhance and improve the drainage within the entire proposed district. Section 2. The territorial extent of the proposed drainage improvement district and the boundaries of the proposed drainage improvement district are as follows: The proposed Drainage Improvement District comprises approximately 21,500 acres, located in all or portions of Sections 35 and 36 in Township 41 North, Range 4 East, and all or portions of Sections 1, 2, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36 in Township 40 North, Range 4 East and all or portions of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, all or portions of Sectoins 18, 19, 30, and 31 in Township 40 North, Range 5 East, wholly within Whatcom County, Washington. Section 3. The County Council hereby waives the bond requirement spec- ified by RCW 85.38.020 and accepts this resolution under the same bonding con- ditions required for the original petition. Section 4. The County Council hereby directs the County Engineer to undertake an investigation of t} proposed boundaries of said proposed drainage improvement district and the feasibility of the projects proposed to be under- taken herein. The report of the County Engineer shall state the estimated cost and expense of one or more alternative plans for said improvements, the portion 's. 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 of such cost which may be borne by the property within the propose drainage improvement district, the potential for availability of grants for said improvements, if any, and a diagram or print showing the property which will be specially benefitted by said improvements. The report of the County Engineer shall be delivere to this Council within ninety days of this direction. Section 5. Upon receipt of the County Engineer's report and if the proposed projects are feasible, the County Council will schedule a public hearing on the proposed drainage improvement district and cause notice of the same to be given as required by law. Section 6. This resolution shall become effective from and after its adoption and approval in the manner required by law and the Charter of the County. ADOPTED this 4th day of September, 1986. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, MR-9HINGT0N AOLM G. airman ATTEST: Nzuc� 0 .J CAROL EBER SON Clerk of the Council ,, ti ' 5 85.38.010 Title 85 RCW: Diking and Drainage which a member of the special district governing body is regularly elected. [1985 c 396 § 2.] 85.38.020 Establishment of special districts Pe- tition or resolution— Contents. The establishment of a special district may be initiated by either petition of the owners of property located within the proposed special district, or by resolution of the county legislative au- thority or authorities within which the proposed special district is located. A petition calling for the creation of a special district, which is signed by at least ten owners of land located within the proposed district, shall be filed with the county legislative authority within which a proposed special district, or the largest portion of a special dis- trict, is located. If the proposed special district is pro- posed to be located within more than one county, the county legislative authority receiving the petitions shall notify the other county legislative authorities of the pro- posal. The petition shall set forth in general terms: (1) The objects sought by the creation of the special district; (2) the projects proposed to be completed by the special district that will accomplish these objects; (3) the boundaries of the proposed special district, which may be stated in terms of sections, townships, and ranges; and (4) any other matters deemed material by the peti- tioners. The jurisdiction of the county legislative author- ity to proceed with consideration of the creation of the proposed special district shall not be affected by the form of the petition or allegations on the petition. The petition shall be accompanied by proof of land owner- ship that is sufficient in the opinion of the county legis- lative authority to evidence the ownership of land by the petitioners within the proposed special district. A peti- tion calling for the creation of a special district shall be accompanied by a bond of five thousand dollars to de- fray the costs incurred by the county, or counties, in considering the creation of the special district. A resolution proposing the creation of a special dis- trict shall contain the same items as are required and permitted to be contained in a petition to create a spe- cial district. [ 1985 c 396 § 3.] 85.38.030 Investigation of proposed boundaries and districts Report. Upon the filing of a valid petition or upon the adoption of the resolution, the county legis- lative authority shall direct the county engineer to inves- tigate the proposed boundaries of the special district and the feasibility of the projects located in the county as proposed in the petition or resolution. The engineer shall report to the county legislative authority within ninety days of such direction on the proposed boundaries of the special district within the county and feasibility of that portion of the proposed project. If the proposed special district is located in more than one county, the county legislative authority of each county shall direct its county engineer to investigate and report on the proposal within its boundaries. [ 1985 c 396 § 4.] 85.38.040 Proposed special districts Public hear- ing Notice. The county legislative authority shall [Title 85 RCW —p 901 schedule a public hearing on the proposed special district if the county engineer's report indicates that the pro- posed projects are feasible. if the engineers of each of the counties within which a proposed special district is located indicate that the proposed projects are feasible, the county legislative authorities shall schedule a joint public hearing on the proposed special district. The county legislative authority may, on its own initiative, schedule a public hearing on the proposed special district if the county engineer's report indicates that the pro- posed projects are not feasible. The county legislative authorities of counties within which a proposed special district is located may, on their own initiative, schedule a joint public hearing on the proposed special district if one or more of the county engineers' reports indicate that the proposed projects are not feasible. Notice of the public hearing shall be published and posted as provided in RCW 85.38.120 for notices of elections. Additional notice of the public hearing shall be published in the newspaper in general circulation within the proposed special district, which notice shall be pur- chased in the manner of a general advertisement, not to be included with legal advertisements or with classified advertisements. This additional notice shall be published at least twice, not more than twenty nor less than three days before public hearing. Additional notice shall be made as required in RCW 79.44.040. The notice must contain the following: (1) The date, time, and place of the public hearing; (2) a statement that a particular special district is proposed to be cre- ated; (3) a general description of the proposed projects to be completed by the special district; (4) a general de- scription of the proposed special district boundaries; and (5) a statement that all affected persons may appear and present their comments in favor of or against the cre- ation of the proposed special district. [1985 c 396 § 5.1 85.38.050 Public hearing Elections. The county legislative authority or authorities shall conduct the public hearing at the date, time, and place indicated in the notice. Public hearings may be continued to other dates, times, and places specified by the county legisla. tive authority or authorities before the adjournment of the public hearing. Each county legislative authority may alter those portions of boundaries of the proposed special district that are located within the county, but if territory is added that was not described in the original proposed boundaries, an additional hearing on the pro- posal shall be held with notice being posted and pub- lished as provided in RCW 85.38.040. After receiving the public testimony, the county legis- lative authority may cause an election to be held to au. thorize the creation of a special district if it finds: ( I ) That creation of the special district will be condu• cive to the public health, convenience and welfare; (2) That the creation of the special district will be of special benefit to a majority of the lands included within the special district; and (3) That the proposed improvements are feasible and economical, and that the benefits of these improvements exceed costs for the improvements. (1985 Ed) DEPARTMENT.QF'PUALIC WORKS 156.41'217.. F ushIng, Director Courthouse, Bellin (206) 676 -66 Edwin R. Henken, County Engineer BUREAU OF ENGINEERING Courthouse, Bellingham, WA 98225 County 398 -1310 City 676 -6730 M E M 0 TO: C.J. Johnson, Chairman Public Services Committee FROM: Edwin R. Henken County Engineer SUBJECT: Swift Creek Drainage Improvement District p Donovan F. Kehrer, Deputy Administrator BUREAU of BUILDINGS and CODE ADMINISTRATION 401 Grand Avenue, Bellingham, WA 98225 County 398 -1310 City 676 -6907 September 4, 1986 Please find attached letter from Gerard and Marion DeKoekkoek, expressing sup- port for the establishment of a Sumas River Drainage Improvement District. Although this was sent to us and received on September 3, we assume that it is intended for your Committee and Council meeting pertaining to this subject as of this date. ERH /mp cc: Shirley Van Zanten Paul Rushing Attach: Four IC Dairy 7480 08t C016 Rd Everson, WA 987,Y-7 _ezc i7� "`�-`" .tom %`-�. a� '74c6o Cc,� 9 -Sl 4 •.. - 41 tea. W4 USA FIR Special District Creation And Operation If the proposed special district is located within two or more counties, the county legislative authorities may -ruse an election to be held to authorize the creation of .especial district upon making the findings set forth in subsections (l) through (3) of this section. The county legislative authority or authorities may also choose not to allow such an election to be held by either failing to act or finding that one or more of these factors are not met. [ 1985 c 396 § 6.1 85.38.060 Elections—Notice---Costs. The county legislative authority or authorities shall cause an election on the question of creating the special district to be held if findings as provided in RCW 85.38.050 are made. The county legislative authority or authorities shall designate a time and date for such election, which shall be one of the special election dates provided for in RCW 29.13.020, together with the site or sites at which votes may be cast. The persons allowed to vote on the creation of a special district shall be those persons who, if the special district were created, would be qualified voters of the special district as described in RCW 85.38.010. The county auditor or auditors of the coun- ties within which the proposed special district is located shall conduct the election and prepare a list of presumed eligible voters. Notices for the election shall be published and posted as provided in RCW 85.38.040. The special district shall be created if the proposition to create the special district is approved by a simple majority vote of the voters vot- ,g on the proposition and the special district may as- .me operations whenever the initial members of the governing body are appointed as provided in RCW 85.38.070. Any special district created after July 28, 1985, may only have special assessments measured and imposed, and budgets adopted, as provided in RCW 85.38.140 through 85.38.170. If the special district is created, the county or counties may charge the special district for the costs incurred by the county engineer or engineers pursuant to RCW 85.38.030 and the costs of the auditor or auditors related to the election to authorize the creation of the special district pursuant to this section. Such county actions shall be deemed to be special benefits of the property located within the special district that are paid through the imposition of special assessments. [1985 c 396 § 7.] 85.38.070 Governing board Terms of office Election Appointment VacanciesQualifica- tions. (1) Except as provided in RCW 85.38.090, each special district shall be governed by a three - member governing board. The term of office for each member of a special district governing body shall be six years and until his or her successor is elected and qualified. One member of the governing body shall be elected at the time of special district general elections in each odd - lmbered year for a term of six years beginning as pro - 'ded in RCW 29.04.170 for assumption of office by elected officials of cities. (1985 Ed.) 85.38.080 (2) The terms of office of members of the governing bodies of special districts, who are holding office on July 28, 1985, shall be altered to provide staggered six -year terms as provided in this subsection. The member who on July 28, 1985, has the longest term remaining shall have his or her term altered so that the position will be filled at the December, 1991, special district general election; the member with the second longest term re- maining shall have his or her term altered so that the position will be filled at the December, 1989, special district general election; and the member with the third longest term of office shall have his or her term altered so that the position will be filled at the December, 1987, special district general election. (3) The initial members of the governing body of a newly created special district shall be appointed by the legislative authority of the county within which the spe- cial district, or the largest portion of the special district, is located. These initial governing body members shall serve until their successors are elected and qualified at the next special district general election held at least ninety days after the special district is established. At that election the first elected members of the governing body shall be elected. No primary elections may be held. Any voter of a special district may become a candidate for such a position by filing written notice of this inten- tion with the governing body of the special district at least thirty, but not more than sixty, days before a spe- cial district general election. The names of all candidates for such positions shall be listed alphabetically. At this first election, the candidate receiving the greatest num- ber of votes shall have a six -year term, the candidate receiving the second greatest number of votes shall have a four - -year term, and the candidate receiving the third greatest number of votes shall have a two -year term of office. The initially elected members of a governing body shall take office immediately when qualified as defined in RCW 29.01.135. Thereafter the candidate receiving the greatest number of votes shall be elected for a six- - year term of office. Members of a governing body shall hold their office until their successors are elected and qualified, and assume office as provided in RCW 29.04.170. (4) Whenever a vacancy occurs in the governing body of a special district, the legislative authority of the county within which the special district, or the largest portion of the special district, is located, shall appoint a district voter to serve the remaining term of office. A vacancy occurs upon the death, resignation, or incapac- ity of a governing body member or whenever the gov- erning body member ceases being a qualified voter of the special district. (5) An elected or appointed member of a special dis- trict governing body must be a qualified voter of the special district. [1985 c 396 § 8.] 85.38.080 Governing body Bond. Each member of a governing body of a special district, whether elected or appointed, shall enter into a bond, payable to the special district. The bond shall be in the sum of not les, than one thousand dollars nor more than five thousr (Title 85 RCV