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HomeMy WebLinkAboutres1981-013i 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29 30 31 32 i DATE: April 16, 1981 INTRODUCED BY: Hansey PROPOSED BY: Bonding Council RESOLUTION NO. 81 -13 A RESOLUTION of the County Council of Whatcom County, Washington, ratifying and approving .the Johnson Creek Improvement Project within Consolidated Drainage Improvement District No. 31; declaring the estimated cost thereof; authorizing the issuance of bonds to pay part of the costs of the Project; and provid- ing for the issuance of interim warrants pending the issuance of said Bonds. WHEREAS, the County Council of Whatcom County, Washington, has by Order entered on August 9, 1979, ordered the consolidation and enlargement of Drainage Improvement Districts Numbered 9 and 25, which consolidated and enlarged district was designated as Drainage Improvement District No. 31 ( "DID No. 31 "); and WHEREAS, the Board of Supervisors of DID No. 31 in October, 1979, authorized the undertaking of an accelerated maintenance program within DID No. 31, and the County Council approved an assessment roll therefor on February 7, 1980; and WHEREAS, said Board of Supervisors has heretofore specified and adopted a comprehensive plan of improvements, including the foregoing. accelerated program, all in accordance with plans prepared by the Soil Conservation Service, and has entered into contracts for the undertaking of said comprehensive improvement pro j ect; and WHEREAS, it appears to the Council that said improvement project is feasible and economical and the benefits to be derived therefrom by the lands within the district exceed the cost thereof; NOW, THEREFORE, BE IT RESOLVED by the County Council of Whatcom County, Washington, as follows: Section 1. Definitions. As used in this resolution, the following terms shall have the following meanings: I A. "Board" means the original Board of Supervisors 2 of DID No. 31 designated by Order of the Council dated August 9, 3 1979, as the same shall be duly and regularly constituted from 4 time to time pursuant to RCW 85.08.610 and 85.08.290 -.300. 5 B. "Bonds" means the assessment bonds of DID No. 31 6 authorized to be issued by Section 4 of this resolution. 7 C. "Council" means the general legislative authority 8 of the County as the same shall be duly and regularly constituted 9 from time to time. 10 D. "County" means Whatcom County, a political subdi- 11 vision of the State of Washington. 12 E. "County Engineer" means the designated engineer 13 of the County duly appointed and acting pursuant to RCW 85.08.010. 14 F. "DID No. 31" means the Consolidated Drainage 15 Improvement District No. 31 created under authority of chapter 16 85.08 RCW and pursuant to Order of the Council. 17 G. "Project" means the improvement project ratified 18 and confirmed by Section 2 hereof and constructed and installed 19 within DID No. 31. 20 H. "Project Fund" means the special fund maintained 21 pursuant to Section 3 of this resolution for the purpose of 22 paying the costs of the Project. 23 Section 2: The Project. 24 A. Plan of Improvements. The Board has heretofore 25 specified a system or plan of improvements and benefits within 26 DID No. 31 (the "Project "). The Project which is to be under - 27 taken in the Johnson Creek Watershed area of DID No. 31 consists 28 of the following benefits and improvements: 29 .1. Widening and dredging of Johnson Creek from its mouth to Lindsay Road, approximately 9 miles. 30 2. Widening and dredging of Bone Creek from its 31 mouth to the center of Section 9, 40 N.R. 4E, approximately 2.8 miles. 32 -2- 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 3. Digging and construction of new drainage ditches .(a) in the East 1/2 of Sec. 8 & 17, 40 N. 4 E. approximately 2.6 miles in length; (b) in Sec. 33, 41 N. 4 E., approximately 4000 feet in length on Kneuman Creek. 4. Maintenance work in the areas of: (a) Prior DID No. 25; (b) Squaw Creek, prior DID No. 9; and (c) North fork of Johnson Creek. A portion of the Project of work on Johnson Creek has heretofore been completed in 1979 and assessments therefor approved and levied by the Council. Detailed plans and specifications for the Project are now on file in the offices of DID No. 31 at 6975 Hannegan Road, Lynden, Washington 98264, and available for public inspection. The Board is hereby authorized and directed to proceed with the construction and installation of the balance of the Project and all work necessary in connection therewith. During the course of construction, the Board may authorize such changes in the plans and specifications as do not substantially modify the main general plan. B. Estimated Cost. The total cost of carrying out the Project is hereby estimated to be as near as may be $140,000, of which $56,600 is estimated to be received as grants from the State of Washington; $83,400 shall be paid from the Bonds herein authorized; and the balance of which shall be paid from main- tenance assessments within DID No. 31. Section 3. Project Fund. The County Treasurer is hereby authorized to create or. to maintain a Consolidated Drainage Improvement District No. 31 Project Fund (the "Project Fund "). All costs of the Project shall be paid by interim warrants drawn upon the Project Fund, and if there is insufficient money on -3- 1 hand in the Project Fund, said interim warrants shall bear 2 interest from their issuance at such rate as allowed by law as 3 the Council shall fix from time to time, until paid or called by 4 the County Treasurer. 5 Section 4. Authorization of Bonds. As an integral part of 6 the Project, the Council hereby finds and determines that 7 improvement bonds shall be issued to pay a portion of the costs 8 of the Project in a principal amount of not to exceed $83,600 9 (the "Bonds "). 10 The Bonds to be issued shall be entitled "Consolidated 11 Drainage Improvement District No. 31 Bonds," shall be payable 12 solely from assessments levied within DID No. 31 and shall not 13 be general obligations of the County; shall be in such denomina- 14 tions and form; shall bear such date or dates and interest rate 15 or rates; and shall be payable at such place or places as shall 16 be hereafter provided by resolution of the Council. 17 Section S. Assessments. Upon final completion of the 18 Project and acceptance thereof by the County Engineer, the 19 ex- officio clerk of the Council shall cause an itemized statement 20 of the total costs of construction of the Project, including 21 engineering and election expenses, the cost of publishing and 22 posting notices, damages and costs allowed or awarded for 23 property taken or damaged, including compensation of attorneys, 24 and the discount, if any, on the bonds sold and including all 25 other costs and expenses, including fees, per them and necessary 26 expenses of nonsalaried officers incurred in connection with the 27 Project, together with interest on such costs and expenses from 28 the time when incurred at the rate of interest borne by the 29 warrants issued for the cost of construction. The itemized 30 statement of costs shall also include charges for the services 31 performed by the County Engineer in connection with the Project 32 at a per diem of five dollars per day and his necessary expenses -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14, 16. 16- 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 and a reasonable charge to be fixed by the Council on account of the services of the prosecuting attorney. The foregoing :itemized statement shall be filed with the Council, whereupon it shall be reviewed by the Council, added to and amended and thereafter delivered to the Board of Appraisers for DID No. 31 for apportionment among the property owners of DID No. 31 at the benefited acreage assessment rate established for maintenance and operation of DID No. 31. PASSED this 16th day of April , 19 81 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ALL L SHIRLEY VAN ZAIVEN Council Member ATTEST: JOAN OGDEN, COUNTY AUDITOR AND ' EX OFFICIO CLERK OF THE COUNCIL By JL -5-