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INTRODUCED BY: CONSENT
PROPOSED BY: Public Works Dept._.'
DATE INTRODUCED: SEPTEMBER 17, 1 87
ORDINANCE NO. 87 -55
AN ORDINANCE ESTABLISHING POLICIES AND
PROCEDURES FOR SEGREGATION OF SPECIAL
ASSESSMENTS IN LOCAL IMPROVEMENT DISTRICTS
AND ROAD IMPROVEMENT DISTRICTS, ESTABLISH-
ING A FEE AND COSTS FOR EACH TRACT OF LAND
FOR WHICH A SEGREGATION IS TO BE MADE.
WHEREAS, RCW 34.94.300 provides whenever any land against which there
has been levied any special assessments by a county shall have been sold in part
or subdivided, the County Council of such county shall have the power to order a
segregation of the assessment; and
WHEREAS, any person desiring to have such a special assessment against
a tract of land segregated to apply to smaller parts thereof shall apply to the
County Council which levies assessments; and
WHEREAS, if the Council determines that a segregation should be made,
they shall by resolution order the County Treasurer to make segregation on the
original assessment roll as directed in the resolution; and
WHEREAS, the segregation shall be made as nearly as possible on the
same basis as the original assessment was levied and the total of the segregated
parts of the assessment shall equal the assessment before segregation; and
WHEREAS, the resolution shall describe the original tract, the amount
and the date of the original assessment and shall define the boundaries of the
divided parts and the amount of the assessment chargeable to each part; and
WHEREAS, a certified copy of the resolution shall be delivered to the
County Treasurer who shall proceed to make the segregation order upon being ten-
dered a fee of $3.00 for each tract of land for which a segregation is to be
made; and
WHEREAS, RCW 36.94.300 provides in addition to such charge that the
County Council may require as a condition to the order of segregation that the
person seeking it pay the County the reasonable engineering and clerical costs
incidental to making the segregation.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council deems it
necessary to establish procedures, fees and related costs including, but not
limited to, engineering and clerical costs incidental thereto.
SECTION 1. PURPOSE.
The purpose of this ordinance is to provide policies, procedures and
establish a fee and related costs incidental to making segregation of properties
on any lands against which there has been levied any special assessment by the
County which may be sold in part or subdivided.
ORDINANCE - 1.
Date drafted: 9/2/87
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SECTION 2. PROCEDURES.
Any person desiring to have a tract of land segregated shall file an
application with the Clerk of the Council. Said application shall be presented
to the County Council at a regular or adjourned Council meeting whereupon the
County Council shall have the power to order a segregation of the assessment if
they so determine. If the County Council, after due consideration of the appli-
cation, determines that a segregation shall be made, they shall by resolution
order the County Treasurer to make segregation on the original assessment rolls
as directed in the resolution. The segregation shall be made as nearly as
possible on the same basis as the original assessment was levied and the total
of the segregated parts of the assessment shall equal the assessment before
segregation. The resolution shall describe the original tract, the amount and
the date of the original assessment, and shall define the boundaries of the
divided parts and the amount of the assessment chargeable to each part. A cer-
tified copy of the resolution shall be delivered to the County Treasurer by the
Clerk of the Council and a copy shall be delivered to the Department of Public
Works. The County Treasurer shall proceed to make the segregation order upon
being tendered a fee of $3.00 for each tract of land for which a segregation is
to be made. In addition to the fee, the County Council may require as a con-
dition to the order of segregation that the County Treasurer shall, if there be
any, require that the person seeking the segregation pay to the County reason-
able engineering, clerical and related costs incidental to making the segrega-
tion. The County Treasurer shall deposit the fee and related engineering and
clerical costs, if there be any, in the Local Improvement District and /or Road
Improvement District Fund for the purpose of administration of the special
assessment district. The County Treasurer shall receive fees and any additional
charges, if there be any, prior to making the segregation order.
APPROVED this 1st day of October , 1987
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
i
1. -z I
Carol Ebergson
Clerk of the Counci
APPROVED AS TO FORM:
WILLIAM P. ROEHL, VICE CHAIRN N
( ✓) APPROVED ( ) VETOED
SHIRLEY VAN Z TEN
County
Date: October 2, 1987
Deputy Prosec ng Attorney
Published on September 23 and October 7, 1987
This ordinance becomes effective on October 19, 1987
ORDINANCE - 2.
Date drafted: 9/1/87