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HomeMy WebLinkAboutord2016-020WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -190 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi gned to: Originator Roland Middleton RM 5116116 EC 2 B� Q 2 D 5/31/16 Introduction Division Head: �J , 6/14/16 Hearing Joe Rulan L,C �C v Dept. Head: Jon Hutchings i i MAY 2 4 2016 - Prosecutor: jl Daniel L. Gibson 0�;bb WHATCOM COUNTY PurchasinglBudget: B. Bennett COUNCIL Executive: Jack Louws� s al4 ,'G TITLE OF DO ENT: Authorizing the Public Works Director and the County Engineer to close or restrict use of county roads on a temporary basis. ATTACHMENTS: Draft Ordinance SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes (NA ) NO Requested Date: June 14, 2016 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) An ordinance to amend Whatcom County Code Chapter 12.06.010 to authorize the Public Works Director and the County Engineer to close or restrict use of county roads on a temporary basis. COMMITTEE ACTION.• COUNCIL ACTION.• 5/31/2016: Introduced 7 -0 6/14/2016: Adopted 7 -0, Ordinance 2016 -020 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2016 -020 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us /council. 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 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED BY: Public Works Dept. INTRODUCTION DATE: May 31, 2016. ORDINANCE NO. 2016 -020 AUTHORIZING THE PUBLIC WORKS DIRECTOR AND THE COUNTY ENGINEER TO CLOSE OR RESTRICT USE OF COUNTY ROADS ON A TEMPORARY BASIS WHEREAS, Chapter 12.06.010 of Whatcom County Code, by referring to Chapter 46.44.080 of the Revised Code of Washington, requires that each temporary road closure or restriction be authorized by the County Council through ordinance; and WHEREAS, The County Council has stated their desire that temporary road closures and restrictions be considered administrative duties dealt with by the Public Works Director or the County Engineer; and WHEREAS, Article XI, section 4 of the Washington State Constitution allows the County Council to delegate the authority to perform administrative functions; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 12.06.010 is amended as attached exhibit A: IXa0PTE6 this 14th day of ATT Darya. 0+Q -DiAMi,-:P4 rk�of,1he Council June r 2016 APPROVED AS TO FORM: Daniel L. Gibson Chief Civil Deputy Prosecutor Page 1 WHATCOM COUNTY COUNCIL TCOM OUNTY WASHINGTON B y ucha an, Council Chair WHATCOM COUNTY�SHINGTON Jack Louw -1 County E ecutive, (Approved ( ) Denied Date Signed: 1 Exhibit A 2 3 4 12.06.010 Temporary closure - Posting notices. 5 In accordance with the provisions of RCW 46.44.080, whenever due to 6 emergency conditions the use of a county road by all vehicles, or by vehicles 7 whose gross tire loads exceed those described in either schedule contained in 8 Section 12.06.020; will damage the highway or will be dangerous to traffic using 9 the highway, the public works director, or the county engineer, shall close such 10 road temporarily to all vehicles or to a designated class of vehicles, as the case 11 may be, by posting notices at each end of the closed portion of road or roads. 12 (Ord. 80 -10 § 1 (part)). In addition, for any definite period of time, the director of 13 public works or the county engineer may close to travel or restrict county roads 14 to all vehicles or any class of vehicles whenever the county road is being 15 constructed, altered, repaired, improved or maintained in such a manner as to 16 require its use or any portion of its use closed or restricted: PROVIDED, 17 (a) That before any county road is closed or restricted to all vehicles or any class 18 of vehicles, a notice including the effective date shall be published in one issue 19 of a newspaper of general circulation in the county. 20 (b) That on or prior to the date of publication of such notice, the engineer shall 21 erect and maintain, or cause to be erected and maintained signs designating 22 the provisions of this chapter in a conspicuous place at each end of the portion 23 of any county road affected. 24 (c) No county road will be closed sooner than three days after the publication 25 and posting of the notice. 26 27 Page 2