HomeMy WebLinkAboutres1994-037WFIATCOM COUNTY COUNCIL AGENDA BILL NO. 94-273
CLEARANCES
Initial
Date
Date Received in Council Office:
A enda date
Assigned to:
ginator. Citizens
Division Head:
6/28/94
Council/Hearing
7/5/94
Council /Hearing
Dept. Head:
Prosecutor.
('Id3/4
Purchasing/Budget:
Executive:
SUBJECT
Petition for formation of an irrigation district, to be known as the Whatcom County Agricultural Water District
ATTACHMENTS:
Petition and related paperwork
SUMMARY STATEMENT Please complete sections of box as appropriate & explain the item below.
Related Countv contract #: Should Clerk schedule a hearine? NO / / YES xx/ Requested date: 6/28 I
According to RCW 87.03.020 (6) states that:
- The petition must be accompanied by a "good and sufficient bond" in double the amount of the
probable cost of organizing the district; .
- At the hearing the Council will receive evidence and may adjourn the hearing from time to time,
exceeding four weeks in all.
- After the hearing the Council will establish and define the boundaries of the district in order to
best reclaim the lands involved". C De?€lY an`bs:::ays:a;;cxnzl€
f The Council can't modify the boundaries to exempt any territory already included in the
boundaries if that territory is "susceptible of irrigation by the same system of works applicable to other lands
in such proposed district and for which a water supply is available." Lands that will not benefit from
inclusion in the district may be exempted. Property may be added to the district boundaries if it is shown
that it will benefit from being included in the district.
- After the hearing the Council could enter an order (in this case, by resolution) setting the,
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boundaries, naming the district, and calling-for an election.
CLERK'S RECOMMENDED MOTION (for final action):
The Clerk recommends that the Council ask staff to prepare a resolution including the terms necessary to
establish boundaries, officially name the district, and call for the election. The resolution could be
considered by the Council at its meeting .
COUNCIL ACTION TAKEN:
6/28/94: Hearing held open for one week
5/94: Council approved the resolution, with amendments
Related File Numbers: Ordinance or Resolution Number (this item only): 94_b3+7
inigate.m 6/23/94
AB94 -273
SPONSORED BY: Consent
PROPOSED BY: Citizens
INTRODUCTION DATE: -6.128.194
1 RESOLUTION NO. 94 -037
2 ORDERING AN ELECTION TO DETERMINE FORMATION OF
3 AN IRRIGATION DISTRICT TO BE KNOWN AS
4 THE WHATCOM AGRICULTURAL WATER DISTRICT
5 WHEREAS, the Whatcom County Council received a petition to form an
6 irrigation district in Whatcom County; and
7 WHEREAS, said petition met the requirements for a petition as outlined in
8 Chapter 87 of the Revised Code of Washington; and
9 WHEREAS, on June 28, 1994 the County Council accepted the petitioner's bond
10 in the amount of $20,000, a sum double the amount of the estimated costs of forming the
1 district, as required by RCW 87; and
12 WHEREAS, the Council held a public hearing on the petition as required under
13 RCW 87; and
14 WHEREAS, the Council's role in the petition process is to establish boundaries
15 of the proposed irrigation district, establish its name, and call for an election of the
16 property owners residing within district boundaries to determine whether the district
17 shall be formed;
18 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that
19 this irrigation district shall be known as the Whatcom Agricultural Water District; and
Irrigation District Resolution, AB94 -273 Page I
1 BE IT FURTHER RESOLVED that the boundaries of this proposed district shall
2 be as set forth in Exhibit "A" to this resolution; and
3 BE IT FURTHER RESOLVED that an election shall be set and carried out in
4 the manner detailed in Exhibit 'B" to this resolution; and
5 BE IT FINALLY RESOLVED that the election date shall be ocotber 5, 1994
6 APPROVED this 5th day of July , 1994.
7 WHATCOM COUNTY COUNCIL
8 ATTEST: WHATCOM COUNTY, WASHINGTON
9
10 Ramona Reeves, Council Clerk
11 APPROVED as to form:
12 2'&'D .
13 Civil Deputy Pros. Atty.
Irrigation District Resolution, AB94 -273 Page 2
416 q� -��`�
Whatcom Agricultural Water District
Petition to Whatcom County Council
Page 1
EXHIBIT A
WHATCOM AGRICULTURAL WATER DISTRICT
Legal Description of Boundary
A tract of land situated in Townships 37, 38, 39, 40, and 41 North,
Ranges 1, 2, 3, 4, and 5 East, W. M., Whatcom County, Washington,
exclusive of all parcels meeting one or all of the following
criteria: 1) within city limits, 2) tax - exempt parcels, or 3) total
acreage under five acres, of which the boundary is more
particularly described as follows:
Beginning at the Northwest corner of Section 34, Township 41 North,
Range 2 East, W. M. (being the True Point of Beginning) Thence
Southerly along the West line of said Section 34 to the Southwest
corner thereof; Thence Westerly along the North line of Sections 4
and 5. Township 40 North, Range 2 East, W. M., to the Northwest
corner of Section 5, Township 40 North, Range 2 East, W. M.; Thence
Southerly along the West line of said Section 5 to the Southwest
corner thereof; Thence Westerly along the North line of Section 7,
Township 40 North, Range 2 East, W. M., continuing Westerly along
the North line of Sections 12, 11, 10, and 9, Township 40 North,
Range 1 East, W. M., to the Northwest corner of Section 9, Township
40 North, Range 1 East, W. M.; Thence Southerly along the West line
of said Section 9 to the Southwest corner thereof; Thence Westerly
along the North line of Section 17, Township 40 North, Range 1
East, W. M., to the Northwest corner thereof; Thence Southerly
along the West line of Sections 17 and 20, Township 40 North, Range
1 East, W. M., to the Southwest corner of Section 20, Township 40
North, Range 1 East, W. M.; Thence. Easterly along the South line of
said Section 20 to the Southeast corner thereof; Thence Southerly
along the West line of Sections 28 and 33, Township 40 North, Range
1 East, W. M., continuing Southerly along the West line of Sections
4 and 9, Township 39, Range 1 East, W. M., to the Southwest corner
of Section 9, Township 39 North, Range 1 East, W. M.; Thence
Easterly along the South line of said Section 9 to the Southeast
corner thereof; Thence Southerly along the West line of Section 15,
Township 39 North, Range 1 East, W. M., to the Southwest corner
thereof; Thence Easterly along the South line of said Section 15 to
the Southeast corner thereof; Thence Southerly along the West line
of Section 23, Township 39 North, Range 1 East, W. M., to the
Southwest corner thereof; Thence Westerly along the North line of
Section 27, Township 39 North, Range 1 East, W. M., to the
Northwest corner thereof; Thence Southerly along the West line of
Sections 27, and 34, Township 39 North, Range 1 East, W. M., to the
Southwest corner of said Section 34; Thence Easterly along the
South line of Sections 34, 35, and 36 Township 39 North, Range 1
East, W. M., continuing Easterly along the South line of Section
31, Township 39 North, Range 2 East, W. M., to the Southeast corner
Whatcom Agricultural Water District
Petition to Whatcom County Council
Page 2
thereof; Thence Southerly along the West line of Sections 5 and 8,
Township 38 North, Range 2 East, W. M., to the Southwest corner of
said Section 8; Thence Easterly along the South line of Sections 8,
9, 10, 11, and 12, Township 38 North, Range 2 East, W. M.,
continuing Easterly along the South- line of Township 38 North,
Range 3 East, W. M., continuing Easterly along the South line of
Section 7, Township 38 North, Range 4 East, W. M., to the Southeast
corner of Section 7, Township 38 North, Range 4 East, W. M.; Thence
Northerly along the East line of Sections 7 and 6, Township 38
North, Range 4 East, W. M., to the Northeast corner of Section 6,
Township 38 North, Range 4 East, W. M.; Thence Easterly along the
North line of Sections 5, 4, 3, 2, and 1, Township 38 North, Range
4 East, W. M., to the Northeast corner of said Section 1; Thence
Southerly along the West line of Township 38 North, Range 5 East,
W. M., continuing, Southerly along the West line of Section 6,
Township 37 North, Range 5 East, W. M., to the Southwest corner
thereof; Thence Easterly along the South line of Section 6,
Township 37 North, Range 5 East, W. M., to the Southeast corner
thereof; Thence Southerly along the West line of Sections 8, 17,
and 20, Township 37 North, Range 5 East, W. M., to the Southwest
corner of said Section 20; Thence Westerly along the North line of
Section 30, Township 37 North, Range 4 East, W. M., to the
Northwest corner thereof; Thence Southerly along the West line of
Sections 30, and 31, Township 37 North, Range 5 East, W. M., to the
Southwest corner of said Section 31; Thence Easterly along the
South line of Sections 31 and 32, Township 37 North, Range 5 East,
W. M., to the Southeast corner of said Section 32; Thence Northerly
along the East line of Sections 32, and 29, Township 37 North,
Range 5 East, W. M., to the Northeast corner of said Section 29;
Thence Easterly along the South line of Sections 21 and 22,
Township 37 North, Range 5 East, W. M., to the Southeast corner of
said Section 22; Thence Northerly along the East line of Section
22, Township 37 North, Range 5 East, W. M., to the Northeast corner
thereof; Thence Westerly along the North line of Section 22,
Township 37 North, Range 5 East, W. M., to the Northwest corner
thereof; Thence Northerly along the East line of Sections 16 and 9,
Township 37 North, Range 5 East, W. M., to the Northeast corner of
said Section 9; Thence Westerly along the North line of Section 9,
Township 37 North, Range 5 East, W. M., to the Northwest corner
thereof; Thence Northerly along the East line of Section 5,
Township 37 North, Range 5 East, W. M., continuing Northerly along
the East line of Sections 32, 29, 20, 17, 8 and 5, Township 38
North, Range 5 East, W. M., continuing Northerly along the East
line of Section 32, Township 39 North, Range 5 East, W. M., to the
Northeast corner thereof; Thence Westerly along the North line of
Sections 32 and 31, Township 39 North, Range 5 East, W. M.,
continuing Westerly along the North line of Section 36, Township 39
North, Range 4 East, W. M., to the Northwest corner of said Section
36; Thence Northerly along the East line of. Section 26, Township 39
North, Range 4 East, W. M., to the Northeast corner thereof; Thence
Whatcom Agricultural Water District
Petition to Whatcom County Council
Page 3
Westerly along the North line of Section 26, Township 39 North,
Range 4 East, W. M., to the Northwest corner thereof; Thence
Northerly along the East line of Sections 22, 15, 10, and 3,
Township 39 North, Range 4 East, W. M., continuing Northerly along
the East line of Sections 34 and 27, Township 40 North, Range 4
East, W. M., to the Northeast corner of said Section 27; Thence
Easterly along the South line of Sections 23 and 24, Township 40
North, Range 4 East, W. M., to the Southeast corner of said Section
24; Thence Northerly along the East line of Sections 24 and 13,
Township 40 North, Range 4 East, W. M., to the Northeast corner of
said Section 13; Thence Easterly along the South line of Section 7,
Township 40 North, Range 5 East, W. M., to the Southeast corner
thereof; Thence Northerly along the East line of Section 7,
Township 40 North, Range 5 East, W. M., to the Northeast corner
thereof; Thence Easterly along the South line of Section 5,
Township 40 North, Range 5 East, W. M., to the Southeast corner.
thereof; Thence Northerly along the East line of Section 5,
Township 40 North, Range 5 East, W. M., to the Northeast corner
thereof; Thence Easterly along the North line of Section 4,
Township 40 North, Range 5 East, W. M. and the South line of
Section 33, Township 41 North, Range 5 East, W. M., to the
Southeast corner of said Section 33; Thence Northerly along the
East line of Section 33, Township 41 North, Range 5 East, W. M., to
the Northeast corner thereof; Thence Westerly along the North line
of Sections 331 32, and 31, Township,41 North, Range 5 East, W. M.,
continuing Westerly along the North line of Township 41 North,
Range 4 East, W. M., continuing Westerly along the North line of
Township 41 North, Range 3 East, W. M., continuing Westerly along
the North line of Sections 36, 35, and 34, Township 41 North, Range
2 East, W. M., to the Northwest corner of said Section 34; and the
True Point of Beginning.
i4S4y -273
EY44T6
7S f?es. C7A?-
LESA R STARKENBURG
Attorney at Law
115 Front Street, Lynden, WA 98264
(206) 354 -7822
Fax: (206) 354 -6929
TO: The Whatcom County Council
FROM: Lesa R. Starkenburg for
Whatcom County Agricultural Preservation Committee
DATE: June 23, 1994
RE: Formation Election for the Irrigation District
The following information is provided with regard to the formation election for the
irrigation district requested by the Whatcom County Agricultural Preservation Committee
( WCAPC). At this time, it is necessary to assess the probable cost of an election for the
formation of the irrigation district in order that a bond can be established in a proper .
amount.
The Whatcom County Council is the entity who is responsible for the initial
election for the formation of the irrigation district, RCW 87.03.035. The use of the
Auditor's Office to assist with the election is optional_ In addition, as voting is based on
property ownership, the election can be held at any time and is not limited by election laws
to specific days.
A meeting was held Friday, June 17, 1994 between Dan Gibson, Whatcom County
Deputy Prosecuting Attorney; Pete Griffin, Whatcom County Auditor's Office, Elections
Department; Ramona Reeves, Whatcom County Clerk; Henry Bierlink, Whatcom County
Agricultural Preservation Committee and Lesa Starkenburg, Attorney for the Committee.
At that time, the Auditor's Office indicated there would be a potential problem with time
and resources should they be required to hold the election. As a result, other alternatives
were considered.
The following suggested procedure has been formulated by WCAPC and has been
reviewed by the Whatcom County Auditor's Office, Elections Department.
The "Poll Book" that is required to determine the eligible voters
will be established by using a print out received from the Assessor's
Office. The Assessor can certify that the records are a true and
correct reflection of their records. The records will give the
parcel number, the parcel size and the name and address of
MEMO - 1 of 4
the tax paying entity. The raw data received from the Assessor's
Office will then be formatted by a joint effort between the
Auditor's Office, Information Services and any outside consultants
necessary.
Essentially, the Auditor's Office will be providing consulting services
to insure that the poll book is adequate for an election. Information
Services will be providing consulting services with regard to the
format of the information downloaded from the Assessor's Office.
An outside consultant, most likely a data processing firm, can be used to
correlate the information. However, based on the assessment by the
Auditor's Office of this approach, a data processing firm may not be
required if a neutral third party with computer skills provided some
formatting assistance. The WCAPC is checking into this possibility.
The Whatcom County Council is responsible to conduct the district's
formation election in a manner that is similar to the way in which
future elections for directors of the irrigation district will be conducted.
The information from the Assessor's Office will be used for future
elections, therefore it appears appropriate to use it for this election.
The Assessor's Office will provide the required information for less
than $100.00 which includes the cost of the computer time as well
as computer disks for downloading. Costs for a data processing
service are estimated at $100.00 for a set up charge and $10.00 per hour
charged locally up to $25.00 per hour for a Seattle firms.
2. Ballots will be printed locally by a printing company. Ballots will
contain instructions indicating how joint ownership votes are
cast as well as a request to forward the ballot to the property owner if
different from the person who received it. There will be two (2)
votes given for each five:(5) acres of property owned. Different
colored ballots can be used to provide different numbers of
votes. Because the votes are cast by the number of acres
owned, several individuals will be eligible for a significant
number of votes. This could reduce the mailing cost and the time
required to count the ballots.
Ballots will contain a statement required to be signed by the person
submitting the ballot. This statement shall indicate that the person
is at least 18 years of age, a citizen of the United States, and that they
hold title to the land the ballots have been issued for. Additional
MEMO - 2 of 4
language will be included to address the rights of corporations and
partnerships.
3. Voting will take place by mail. For cost calculation purposes
first class postage was used. Return mailing postage was not
calculated as it is not required by election laws. An election day
will be set and ballots postmarked or delivered as of that day
will be counted toward the election.
4. Mailing labels can be formulated using the information received
from the Assessor's Office.
5. The Council will appoint election officers who will be responsible
to count the ballots upon their return. It is anticipated that it
will take five (5) individuals approximately a half of a day to do this.
The Auditor's Office has indicated that it is not necessary to use
individuals who are paid to count the ballots. However, for
purposes for assessing the cost of the election we will assume that
the County Council will compensate these individuals. These same
individuals may be used to mail the proper number of ballots to the
potential voters.. It is anticipated that five (5) individuals can complete
this task in one and a half days.
The Council can select individuals who work as inspectors or
judges for the Auditor's Office during other elections. These
individuals are normally paid $74.00 to $91.00 for a 15 hour
day.
6. The Whatcom County Council is responsible to canvas the vote.
kr
The predicted cost of conducting the election in this manner is detailed below.
The WCAPC is required to post a bond in an amount that is double the County's
anticipated cost. The bond presented for your approval is in the amount of Twenty
Thousand Dollars ($20,000). This is significantly greater than the anticipated cost for the
irrigation district formation election. The additional funds will be available as a protective
measure to the Whatcom County Council should unforeseen costs be encountered.
If you have any questions, or would like further information with regard to the
proposed bond, the WCAPC would be happy to provide assistance.
MEMO - 3 of 4'
NOTICE OF PETITION
(Presentation of -Petition for Formation of Whatcom Agricultural Water District, an
irrigation district)
Notice is hereby given by the Clerk of the County Council that a petition for the formation
of the Whatcom Agricultural Water District shall be presented to the County Council on
June 28, 1994 at 7:00 p.m. and the first hearing shall be conducted.
Ramona Reeves
Clerk of the Council of Whatcom County, Washington
PETITION FOR FORMATION OF
WHATCOM AGRICULTURAL WATER DISTRICT
TO: COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
THE UNDERSIGNED, who constitute not less than fifty of the holders of title, or have
evidence of title, to land susceptible to irrigation within the boundaries of the hereinafter
described land, hereby respectfully petition the County Council of Whatcom County,
Washington for the formation.of an irrigation district, upon the following showing:
60
DESCRIPTION OF REAL PROPERTY
The real property to be included in the operation.of the district, in legal subdivisions or
tractions thereof, and the county in which said real property is situated, is as follows:
SEE ATTACHMENT
ARTICLE II.
SOURCE OF SUPPLY /PLAN OF IMPROVEMENT
There are no plans for supplying water, because there are no plans to supply water, the
Department of Ecology retains its statutory authority to administer and regulate all water
use within the District boundaries pursuant to chapters 90.03 and 90.44 RCW (the surface
and ground water codes).
ARTICLE III.
NAME OF DISTRICT
The district shall be known and designated as Whatcom County Agricultural Water District.
ARTICLE IV.
DIRECTORS
The number of directors who shall administer the affairs of the district shall be five (5).
ARTICLE VII.
PURPOSE OF DISTRICT
The primary purpose of the district is to provide an organization for representing the
interests of Whatcom County Agricultural Water District users.
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