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03-051 CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCk NO. 51 AN ORDlNANCE OF THE CfTY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 3.20 OF THE SPOKANE COUNTY CODE ENTITLED "fLOOD DAMAGE PROTECTION:" WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City is iequired to comply with the National Flood Inusrance Program and Protect the pubiic health and satety by identify- ing, cooperating and controlling floodplain ereas in order to prevent aggravation of exist- ing hazards; and WHEREAS, the City is desirous of adopting by reterence the Spakane County Code relat- I ed to ilood damage protection as well as the studies conducled by Spokane County which identify iiood ha2ard areas and provide for luret the p blic health anagsaiety in order to en- * s d Federal Tax ID No. 91-0420030 NOW, THEREFORE, the Gty Council oi the City of Spokane Valley, Washington, do ordain asfaliawS: AFFIDAVIT OF PUBLICATION Section 1. Authority to Adopt Fload Dam- age Protection Chapter. Pursuant to RCW STATE OF WASHINGTON 35A.11.020 and RCW 35A_12.140, the City adopts by reference Chapter 3.20 entitlsd County of Spokane SS. "Flood Damage Protection of the Spokane , County Code which is attached hereto as Ex- hibit "A" and by this relerence incorporated hQ~~n as if fuRy set fortn. Name: City of Spokane Valley Acct: C042365 Section 2 AdQptian_nLCertain Oihec Laws. To the extent that any provision of the Spo- kane County Code, or any other law, rule or P.O.: Ordinance No. 51 NO. Lines: 101 regulation referenced in the attached critical areas is necessary or convenient to establish the validity, eniorceabitity or interpretation of Cost: $ 81.77 LO NO: SR5242 the crilical areas, then such provision oi the Total 9 Spokane County Code, or other law, rule or ~ I regulation is hereby adopted by reference. I, Jill Leong ~ Section 3. Retsrence tQ Hearing eod,es. When the attached Critical Areas Regulations do solemnly swear that I am the Principal Clerk of the SPOKESMAN- i refer ,a planning commissions, board of ap- eals, hearing examiner, or any other similar REVIEW, a newspaper established and regularly published, once gody, the CitY Council shall serve in all such each day in the English language, in and of general circulation in the ' roles, but retains the right to establish any one i or more of such bodies, at any time and with- City of Spokane, Spokane County, Washington; and in the City of i out regard to whether any quasi-judicial or oth- er matter is then pending. Coeur d'Alene, Kootenai County, Idaho, • that said newspaper has I secflon a. F,ood oamage prQtection ~ _ been so established and regularly published and has had said general Tne city C{erk is to maintam one copy on 1ie circulation continuously for more than six (6) months prior to the 23rd of the Critical Areas Regulations adopted by thisordinance. CJay of July, 1941; that said newspaper is printed in an office section s. Liability. The express intent of the maintained at its place of publication in the City of Spokane, , City of Spokane Valley is that the responsibiliry Washington• that said newspaper was approved and designated as a ' for complianco witfi the provisions of this ordi- ~ nance shall rest with the permit applicant and legal newspaper by order of the Superior Court of the State of their agents. This ordinance and its provisions are adopted with the express intent to protect Washington for Spokane County on the 23rd day of July, 1941, and the health, safety, and wetfare oi the general Public and a►e not in,enaed to Procect HnY par- that said order has not been revoked and is in full force and effect; ticular c{ass of individuals or organizations. that the notice attached hereto and which is a part of the proof of section s. Severability. If eny section, Sen- tence, clause or phrase ot ihrs ardinance shall publication, was published in said newspaper, one time(s), the ~ be held to be invalid or unconstitutional by a publication having been made once each time on the following dates: court ot competent jurisdiction, such invalidity ~ or unconstitutionality shall not affect the validi- ty or constitutionality ot any other section, sen- March 27 2003 lence, clause or phrase of this ordinance. , Section T. Effectivs_ Qate_ This Ordinance shall be in full 4orce and e(fect on the official . date of incorporation provided publication of this Ordinance or a summary thereof oecurs in I t~hy'aNficial newspaper of the City as provided Subscribed and sworn to ore me at th ity of Spokane, this 27 ~ PASSED by the City Council this 11th day of day of March, 2003 March, 2003. • i /s/ Mayor, Michaet DeYleming ~ J w\ v/~ . ATTEST: 0 . .....SSIO/~j ~C /s/ Interim City Clerk, Ruth Muller s~2az ~ tary Public in and for the State of Washington, ~ ~ residing in Spokane County, Washington •v NOTqRy * N ;cn` PUBLIC ~p~• ~UASH. J CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 51 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 3.20 OF THE SPOKANE COUNTY CODF ENTITLFD "FI,OOD DAMAGE PROTECTION." WIIEREAS, the City of Spokane Va11ey will incorporate on March 31, 2003: WHEREAS, the City is required to comply with the National Flood Insurance Program and protect the public health and safety by identifying, cooperating and controlling floodplain areas in order to prevent aggravation of existing hazards; and V4'HI:RI:AS, t11e City is desirous of adopting by reference the Spokaile County Code related to flood damage protection as well as the stud.ies conducted by Spokane County wluch identify flood haz.ard areas and provide for flood and wetlands management in order to ensure the public health and safety. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ord.a.in as follows: Section 1. Authoritv to Adopt Flood Damaae Protection Chapter. Pursuant to RCW Chapter 35A.11.020 and RCW 35A.12.140, the City adopts by reference Chapter 3.20 entitled "Flood Damage Protection" of the Spokane County Code which is atta.ched hereto as Exhibit "A" and by this reference incorporated herein as if fully set forth. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the atta.ched critical areas is necessary or convenient to establish the validity, enforceability or interpretation of the critical areas, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Heariniz Bod.ies. When the attached Critical Areas Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi judicial or other matter is then pending L- . Seetion 4. Flood Darnap-e Protection Map. T'he City Clerk is to maintain one copy on file of the Critical Areas Regulations adopted by this ordinance. Section 5. Liabilitv. The express intent of the City of Spokanc Valley is that the responsibiiifiy for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions aze adopted with the express intent to protect the health, safety, and welfare of the ge1,er~l P11111?C 9fnd. ~Ire n0t r~r(~tect ?rICJU,~ I'aoL 1 P:10rdinances\0rdinance No.51, Flood Hezard,3-10-03,doc Section 6. Severabilitv. If any section, sentence, clause or phrase of this ord.inance sha11 be held to be invalid or unconstituti.onal by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. Th.is Ordinaace shall be in full force and effect on the official date of incorporation provided publication of this C)r~in211ce Or aS11111r11ar--,- thcrcof OcctMS 1"N 011C off cial newspaper of the City as provided by law. PASSED by the City Council this ~zl~ dav of fk'1arch, 200 11~1 Mayor, Micha.el DeVle g A'T"t'LST: C 4 etz Interim City Clerk, Ruth Muller Approved as to Form: - te ) City A o y, Stanle M. 5cliwartZ 40~ Date of Publication: ~ 9/ 77 Effective Date: Page 2 PAOrd'mancpl0rdinence No.SI, Flood Hazard,3-10-03.doc