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HomeMy WebLinkAboutord1990-131ATCOM CO UNTY CO UNCIL AGENDA BILL NO. 457 SUBJECT- AN EMERGENCY ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, AUTHORIZING A LOAN OF $50,000 TO DYKING DISTRICT #1 FROM WHATCOM COUNTY EQUIPMENT RENTAL AND REVOLVING FUND FOR THE,PURPOSE OF PROVIDING FUNDS TO PAY FOR THE COST OF REPAIRS AND RECONSTRUCTION OF DIKES AND LEVEES WITHIN THE DISTRICT BOUNDARIES. AM1 CHMENTS: The ordinance The Agreement between the Diking District and the County Public Hearing Needed? Yes No/ SIJ1lIMARY STATEMENT: An emergency ordinance. providing funding through agreement by and between Whatcom County and Diking District #1 for a loan of $50,000 for repairs and reconstruction of dikes and levees. ORIGINATOR S RECOMMENDED ACTION.•. Approval by County Council COhINII= ACTION (including dates): COUNCIL ACTION (including dates): Y Related file Numbers. Ordinance or Resolution Number: ORD90 -131 INTRODUCED: Consent PROPOSED: Piblic Works DATE INTRODUCED: 1 2 -18 - 9 0 ORDINANCE NO. go-1 - i AN EMERGENCY ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, AUTHORIZING A LOAN OF $50,000 TO DIKING DISTRICT #1 FROM WHATCOM COUNTY EQUIPMENT RENTAL AND REVOLVING FUND FOR THE PURPOSE OF PROVIDING FUNDS TO PAY FOR THE COST OF REPAIRS AND RECONSTRUCTION OF DIKES AND LEVEES WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Diking District #1 has suffered damages to dikes and levees from the floods of November 9 through December 7, 1990, and WHEREAS, Diking District #1 had received approval from the U.S. Corps of Engineers and the Federal Emergency Management Agency (FEMA) for repairs and reconstruction of their dikes, and WHEREAS, the Corps of Engineers will fund 80% of the reconstruction and FEMA will fund 87 1/2 per cent of various other reconstruction and repair projects, and WHEREAS, the District has requested a loan from Whatcom County to assist in paying their proportionate share of the reconstruction land repair projects in the amount of $50,000, and WHEREAS, the County Council recognizes the importance of the reconstruction and repairs of the various projects in Diking District #1 for the protection of health and welfare of the citizens within and outside the boundaries of the District, WHEREAS, an emergency exists because unless the government has the funds for the 20% local share on or before December 31, 1990, the Diking District will lose its ability to receive matching funds from the Federal government. These funds are necessary to repair the dikes in order to protect the health, safety and welfare of the citizens of Whatcom County. WHEREAS, it has been determined by the County Council that an emergency exists that requires immediate action by the Council for the health, safety and welfare of the citizens of Whatcom County, and NOW, THEREFORE, BE IT ORDAINED by the County Council that an emergency exists that requires immediate action for the health, safety and welfare of the citizens of Whatcom County, and BE IT FURTHER ORDAINED, as follows: Ordinance Drafted 12/14/90 Page 1 BE IT FURTHER ORDAINED, as follows: Section 1. Findings. The County Council declares and finds as follows: A. The Equipment and Revolving Fund - 501 will not be substantially depleted by the loan of funds to Diking District #1. Following the loan, the County will be able to make all of its required payments. B. The County will not, as a regular practice, continue to make advances between the Equipment Rental and Revolving Fund - 501 and Diking District #1. C. The County has made no covenant restricting the loan of funds contained in the Equipment Rental Revolving Fund - 501. Section 2. Authorization of Loan. The County Executive is hereby authorized to enter into an agreement with Diking District #1 for a loan not to exceed $50,000 from the Equipment Rental and Revolving Fund - 501 of the County at the annual rate of 8% from the date of the agreement until the date of repayment. Payments by the District to the County shall be paid semi - annually in accordance with the tax rolls. Each such repayment of the loan shall be made together with interest and penalties, if any. The loan shall be for a period not to exceed five years with the option to pay it off at an earlier date. Installments thereof which are delinquent shall bear in addition to the foregoing interest a penalty equal to 10 percent (10 %) of the amount so delinquent. PASSED this 18th day of December 1990 ATTEST: Ramona Reeves Clerk of the Council APPROVED: % \ "�' �,' - Randall J. Wat Chief Civil Deputy Prosecuting Attorney Ordinance Drafted 12/14/90 Page 2 •r -�. welowniall . jelyKjagoi • (✓f Approved ( ) Vetoed UCH,„, Z jL — �A L Shirley Van Za ten Whatcom County Executive Date: 12 - ZO - Q(!)