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HomeMy WebLinkAboutres2007-054WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 - 322 C CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/2/2007 10/9/2007 PW /Hearing Division Head: Dept. Head: Prosecutor: Purchasin Bud el: acculive: TITLE OF DOCUMENT: Resolution ordering election to form N. Lynden Watershed Improvement District ATTACHMENTS: SEPA review required? ( } Yes ( } NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review coinpleted? ( } Yes ( } NO Requested Date: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public Bearing, you inust 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.) Resolution ordering an election to determine formation of an irrigation district to be known as the North Lynden Watershed Improvement District COMMITTEE ACTION: COUNCIL ACTION. 10/9/2007: Forwarded to Council for approval 10/9/2007: Council Approved 7 -0 Res. 2007 -054 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. 2007 --054 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: ivww.co.)vhatcom.;Pa.us /council. 1 SPONSORED BY: CONSENT 2 PROPOSED BY: CITIZEN 3 INTRODUCED: October 9, 2007 4 5 RESOLUTION NO. 2007 -054 6 7 ORDERING AN ELECTION TO DETERMINE FORMATION OF 8 AN IRRIGATION DISTRICT TO BE KNOWN AS 9 THE NORTH LYNDEN WATERSHED IMPROVEMENT DISTRICT 10 11 WHEREAS, on July 27, 2007, the Whatcom County Council received a petition to 12 form an irrigation district in Whatcom County; and 13 14 WHEREAS, the petition met the requirements for a complete petition as outlined in 15 Chapter 87 of the Revised Code of Washington; and 16 17 WHEREAS, on September 11, 2007, the Council discussed the petition at a public 18 meeting; and 19 20 WHEREAS, following the public discussion on the petition, the County Council 21 accepted the petition and petitioner's bond in the amount of $15,000.00, a sum double 22 the amount of the probable cost of organizing the district, as required by RCW 87; and 23 24 WHEREAS, the Council's role in the petition process is to establish the boundaries 25 of the proposed irrigation district, establish its name, and call for an election of the 26 property owners residing within district boundaries to determine whether the district 27 shall be formed and who shall serve as directors of the district if it is formed; and 28 29 WHEREAS, the Council held a public hearing on October 9, 2007, as required by 30 RCW 87.03.020; and 31 32 WHEREAS, following the public hearing the Council established the boundaries of 33 the proposed district and approved its name. 34 35 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that this 36 irrigation district shall be known as the North Lynden Watershed Improvement District; 37 and 38 39 BE IT FURTHER RESOLVED that the boundaries of this proposed district shall be as 40 set forth in Exhibit A to this resolution; and 41 42 BE IT FURTHER RESOLVED that an election shall be set and carried out in the 43 manner detailed in Exhibit B to this resolution; and 44 45 BE �;�iffl" ,PESOLVED that the election date shall be November 30, 2007. .`� C - Z 47 ��•,� � :% h day of octobet 2007. 48 •.�r :� 49 ATT� . k � WHATCOM COUNTY COUNCIL 50 WHATCOM COUNTY WASHINGTON 53 Dan roar I rk fthe Council Carl Weimer, Council Chair 55 APPR AS �O 56 57 58 Civil Deputy Prosecutor EXHIBIT A (NORTH LYNDEN WATERSHED IMPROVEMENT DISTRICT) The boundaries of the North Lynden Watershed Improvement District are as follows: Township 41 North, Range 3 East, Willamette Meridian (WM) - Section 31: East Half; Section 32: All; Section 33: All; Section 34: All; Section 35: Lots 1, 2, 3, 4; and the Southwest Quarter; and part of the Southeast Quarter as described per Whatcom County Superior Court Case Nos. 42018 and 42037 "Memorandum Decision" and as recorded in Survey filed under Whatcom County Auditor's file number 930308077; Section 36: Lots 3 and 4. Township 40 North, Range 3 East, WM - Section 2: West Half of the Northwest Quarter; Section 3: All Except the East Half of the South Half of the Northeast Quarter of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter; Section 4: All; Section 5: All; Section 6: East Half; Section 7: East Half; Section 8: Al 1; Section 9: All except the East Half of the Southwest Quarter of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter; Section 10: North Half of the Northwest Quarter, and the Southwest Quarter of the Northwest Quarter, and the Northwest Quarter of the Southwest Quarter; Section 18: East Half except West View Addition lying within the Southeast Quarter; Excepting from all of the above described land the following: All municipal land; all parcels less than three acres in size; all tax- exempt parcels. EXHIBIT B (NORTH LYNDEN WATERSHED IMPROVEMENT DIS- rRICT) THE ELECTION PROCESS CREATION OF THE "POLL BOOK ": The Whatcom County Assessor's Office provided Council staff with a list of all property owners within the boundaries of the proposed district. Council staff used this information to create a "poll book" as follows: 1. List received from the Assessor's Office. 2. Printed information compared with property maps to insure accuracy. 3. List sorted to remove all items that are not parcels of land (such as mineral rights). 4. List sorted to remove all parcels of land less than 3 acres (at the request of the district proponents). 5. List sorted to remove all non - taxable parcels (at the request of the district proponents). 6. The amended list became the proposed and approved poll book. SCHEDULING THE PUBLIC HEARING: Once the Council approved the poll book, the election process began to move forward. The next step was to schedule a public hearing on the petition. Following the hearing, the Council will establish the final boundaries of the district, give the district a name, and order that an election be held therein for the purpose of determining whether or not the district shall be organized under the provisions of Washington State law and for the purpose of electing directors. THE ELECTION: The Council is responsible for conducting the district's formation election in a manner that is similar to the way future elections for directors of the irrigation district will be conducted. Voting will take place by mail. For cost calculation purposes, first class postage will be used. Return postage will not be calculated, as election law does not require it. An election day of November 30, 2007, has been selected and ballots must be returned to the Council Office or postmarked by that date to be counted toward the election. THE BALLOT: A local printing company will be used to print the ballots. Ballots will contain instructions indicating how joint ownership and community property votes are cast as well as a request to forward the ballot to the property owner if different from the person who receives it. Voting rights shall be allocated as follows: Two votes for each five acres of assessable land or fraction thereof. Ballots will be coded to indicate how many votes each is worth. The ballot shall contain the following language: "Irrigation District - YES," and "Irrigation District - NO," and the names of persons to be voted for as directors of the district. To be counted in this election, ballots must conform to these requirements: (a) Ballots must be sealed in an unmarked envelope and delivered to the Council Office prior to 4:00 p.m. on November 30, 2007; or be sealed in an unmarked envelope and mailed to the Clerk of the Council, postmarked not later than midnight on November 30, 2007, and received by the Clerk of the Council within five days of that date. (b) The sealed envelope containing the ballot shall be accompanied by a certificate of qualifications stating, with respect to the voter, name, age, citizenship, residence, and that he or she holds title or evidence of title to lands within the district which, under RCW 87.03.045, entitles him to vote in the election. (c) The statements in the certificate of qualifications shall be certified as correct by the voter by the affixing of his signature thereto in the presence of a witness who is acquainted with the voter, and the voter shall enclose and seal his ballot in an unmarked envelope in the presence of this witness but without disclosing his vote. The witness, by affixing his signature to the certificate of qualifications, shall certify that he is acquainted with the voter, that in his or her presence the voter's signature was affixed and the ballot enclosed as required in this paragraph. The Council will appoint election officers who will be responsible for counting the ballots upon their return. The Whatcom County Council is responsible for canvassing the vote.