HomeMy WebLinkAboutord1984-0591
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SECOND SUBSTITUTE ORDINANCE DRAFTED fi�IW84 5/22/84
INTRODUCED BY Consent
PROPOSED BY Public Works Department
DATE January 19, 1984
ORDINANCE NO. `84 -59
AN ORDINANCE RE- ESTABLISHING THE RIVER
IMPROVEMENT FUND AND THE FLOOD CONTROL
MAINTENANCE ACCOUNT NO. 0113 -0471 IN
ACCORDANCE WITH CHAPTER 86.12 R.C.W.
AND CHAPTER 86.26 R.C.W.
WHEREAS, the maintenance and operation of flood control pro-
jects, and the River Improvement Fund created therefor, need to be re-
established so as to comply with the provisions of R.C.W. 86.12; and
WHEREAS, R.C.W. 86.12.010 provides that the county legislative
authority many annually levy a tax in such amount as in their judgment
they may deem necessary or advisable, but not to exceed 25a per $1,000
of assessed value upon all taxable property for the purpose of creating a
fund to be known as the River Improvement Fund; and
WHEREAS, said statute further provides for the creation in such
fund of an account to be known as the Flood Control Maintenance Account;
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WHEREAS, said fund shall be expended for the purposes provided
for and in accordance with R.C.W. 86.12.020 including the control of
water subject to flooding conditions from streams, tidal or other bodies
of water; to construct, operate, and maintain dams, impounding basins and
dikes, levees, revetments, bulkheads, rip -rap, or other protection; to
remove bars, logs, snags, debris from and clear, deepen, widen,
straighten, change, relocate or otherwise improve and maintain stream
channels, main or overflow; to acquire any real or personal property or
rights and interest therein for the prosecution of such works or to pre-
serve any flood plain or regular or intermittent stream channels from any
interference to the free or natural flow of flood or stream water; and to
construct, operate and maintain any and all other works, structures and
improvements necessary for such control; and for any such purpose may
purchase, condemn or otherwise acquire land, property or rights including
ORDINANCE - 1.
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beds of non - navigable waters and state, county and school lands and
property and may damage any land or other property for any such purpose
and may condemn land and other property and rights and interests therein
and damage the same for any other public use after just.compensation has
been first made or paid into court for the owner in the manner prescribed
in Chapter 86.12 R.C.W; and
WHEREAS, all expenses to be incurred in accomplishing the
aforesaid objectives shall be paid out of said River Improvement Fund
and such -fund shall be used for no other purpose than the purpose con-
templated by Chapter 86.12 R.C.W.; and
WHEREAS, R.C.W. 86.26.070 provides that any municipal cor-
poration subject to flooding conditions may establish in its treasury a
Flood Control Maintenance Fund and such fund may be maintained by trans-
ferring thereto monies derived from regular or special lawful levies for
flood control purposes, monies which may be lawfully transferred to it
from any other municipal fund, and gifts and contributions received for
flood control purposes; and further, that all costs and expenses for
flood control maintenance purposes shall be paid out of such Flood
Control Maintenance Fund; and
WHEREAS, the County Council has deemed that the County shall
participate with eligible property owners in maintaining and restoring
normal and reasonably stable river and stream channel alignment and
normal and reasonably stable river and stream channel capacity for
carrying off flood waters provided such can be done with a minimum of
bank erosion or overflow of adjacent lands and property;
NOW, THEREFORE, BE IT ORDAINED by the County Council as
follows:
1. That the River Improvement Fund and an account to be known
as the Flood Control Maintenance Account No. 0113 -0471 are hereby re-
established in accordance with Chapter 86.12 R.C.W.;
2. That an annual levy shall be made in such amount as is
necessary or advisable, but not to exceed 25t per $1,000 of assessed
value upon all taxable property in Whatcom County;
ORDINANCE - 2.
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3. That the County shall participate in the financing, labor or
supply of materials for flood control projects # -t-4e ppepepty ewReps,
caper+ -a 30-70 r a t i e; 40* furnished 1y trh-e ply awner(s) -7A % furnished
by #e Geunty authorized under Chapter 86.12 RCW on sites within Whatcom
County subject to fiscal constraints and guidelines established
herein for the prioritzation of projects on a 30 -70 financial
participation ratio; 30% furnished the property owner(s), 70% fur-
nished by the County; unless the County Council approves a different
formula for financial participation in a particular rp o'ect_
4. Guidelines for prioritization of projects. All projects
involving financial participation from individual groups of individuals,
associations, or governmental entities shall be prioritized based on an
analysis and review of the following factors:
(a) Criticalness and threat to residences and other improve-
ments;
(b) Damage to existing protection and susceptability of
increased damage to dikes, levees, and bank protection.
(c) The possibility of channel change.
(d) Danger to farmland, commercial or industrial facilities.
(e) Benefits received relative to the cost of the project
together with project criticalness.
(f) Any projects approved by the County Council and County
Executive.
( Evidence of efforts at self-help individuals and
entities directly benefitting from the rop�ect.
5. Advisory Committee. The County Executive shall appoint an
administrative advisory committee consisting of a representative of the
(1) Whatcom County Conservation District Board. (2) Agricultural
Stabilization Conservation Practices Committee. and (3) County Engineer
which shall review all applications, make on -site analysis and submit
recommendations on pro.iect priorities to the Director of Public Works.
ORDINANCE - 3
Single underline - 5/10/84 substitute ordinance
Double underline - 5/22/84 2nd substitute ordinance
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6. Public Announcement. Annually the Department of Public
Works shall provide a public announcement in all Whatcom County ma.ior
news media on the existence of the flood control program provided herein
to4ether with information and addresses where land owners may apply for
County participation in their flood control projects.
Provided, that before any project is undertaken, except in case
of an emergency declared by the Executive, an agreement is made and
entered into by and between the County and the property owner(s) setting
forth the nature and scope of the respective parties' participation and
providing, where applicble for reimbursement to the County by the pro-
perty owner in an amount determined by the County Engineer. All such
payments shall be due and payable upon the completion of any agreed work.
In the event that the payment is not made upon completion of work,
interest shall accrue at the same rate as specified by State law for
delinquent property taxes-e+ 19% per annum as allowed by law and the
i
amount of such payment, plus interest, shall be a lien upon the property
of the owner(s) from the time of completion until the total indebted-
ness is paid. Said lien shall be enforced by the Director of Public
Works in the manner prescribed by law for the foreclosure of mortgages
and /or through an action of debt against the owner(s), and /or in such
other manner as the law may provide.
PASSED this 21.st day of 'hinp 1984
WHATCOM COUNTY COUNCIL
WfjA f5C�M COUNTY WAS�INGTPN
AM, T
Clerk of the-.C(;unci 1
APPROVED AS TO FORM:
Civil Deputy Prosecuting Attorney
Craig W. (.-oue - ..
ChairpersLi
( ✓) APPROVED ( ) VETOED
UL. L 2
Shirley Vankanten
County Executive
Date: June 22, 1984
Published February 1 and July 11, ,1984
Effective Date: July 2, 1984 .
ORDINANCE.- 4.
Single underline - substitute ordinance drafted 5/10/84
Double underline - 2nd substitute ordinance drafted 5/22/84