HomeMy WebLinkAboutres1992-030WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1992 - 211
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: Boundary Rev. Bd
5/26/1992
5/26/1992
Public Srvs. & Council
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
ICYll."Ri mil
Resolution calling for election - Birch Bay incorporation
ATTACHMENTS
SUMMARY STATEMENT.•
Related County Contract #: Should the Clerk schedule a hearing? (YN) Requested Date:
Resolution calling for an election on the question of the incorporation of Birch Bay as a city
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
5/26/1992: Council approved Res. 1992 -030
..elated File Numbers: Ordinance or Resolution Number (this item only):
R92 -030
incorp.r- s413#2 5/18/92 SPONSORED BY: Consent
AB92 -211 PROPOSED BY: CitizenslBoundary Review Board
INTRODUCTION DATE: May 26. 1992
1 RESOLUTION NO. 92 -030
2 CALLING FOR AN ELECTION ON THE QUESTION OF THE
3 INCORPORATION OF BIRCH BAY AS A CITY
4 WHEREAS, the Boundary Review Board had one public hearing continued for three
5 different evenings on the proposed incorporation of Birch Bay as a city, and after
6 deliberations has issued the written decision attached hereto as Exhibit A (Boundary Review
7 Board file number 91 -15); and
8 WHEREAS, the Whatcom County Council received the written decision of the
9 Boundary Review Board on May 19, 1992; and
10 WHEREAS, Section 35.02.078 of the Revised Code of Washington requires that the
11 county legislative authority call for the election on the question of incorporation;
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NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
Whatcom County Auditor be notified that the question of incorporation will appear on the
ballot for the next special election date that occurs 60 days or more after the written
decision of the Boundary Review Board was issued to the Council, in this case on
September 15, 1992; and
BE IT FURTHER RESOLVED that the Boundary Review Board has determined
that the number of inhabitants of the area proposed for incorporation is in compliance
RCW 35.02.010, and that the boundaries of the proposed city are as indicated in the written
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findings and order of the Boundary Review Board in this matter, attached hereto as Exhibit
nA n
BE IT FURTHER RESOLVED that the Clerk of the Council will send notices to
the agencies, departments, and individuals listed on the findings and order of the Boundary
Review Board; and
BE IT FINALLY RESOLVED that the ballot and notice of election shall comply
with the requirements set forth in RCW 29.27.080, RCW 35.02.110, and RCW 35.13.080, and
with the requirements of other applicable laws.
APPROVED this 26th day of May . 1992.
ATTEST:
Ramona. Reeves, Council Clerk
APPROVED as to form & content:
Civil Deputy Pros. Atty.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Daniel M. -Warner, Chairman
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s
AB92 -211 EXHIBIT A
BEFORE THE BOUNDARY REVIEW BOARD
REQUEST FOR REVIEW
Proposed Incorporation
of the City of
Birch Bay, Washington
HEARING DATE: April 16, 1992
April 21, 1992
April 27, 1992
4895 Birch Bay
(Birch Bay WA /;
FILE NO. 91 -15
FINDINGS AND ORDER
OF THE BOARD
(Thursday, 7:00 P.M.)
(Tuesday, 7:00 P.M.)
(Monday, 7:00 P.M.)
Lynden Road, Blaine WA
3E Building, Upstairs)
LEGAL QUORUM: Vivian Lewis Spiller, Chair, Alan Brown,
Dave Simms, Georg Leshefka, Doug Smith
Board members were present on all three dates that
the public hearing was continued.
FILING DATE:
October 31, 1991
Thirty (30) Day Extension from Birch Bay
Incorporation Committee
LEGAL DESCRIPTION:
See attached amended legal description
(Attachment A).
REQUEST FOR REVIEW:
Whatcom County, $200 fee
paid
NOTICES WERE SENT
Whatcom County Executive*
TO THE FOLLOWING
Whatcom County Public Works*
AGENCIES /DEPARTMENTS /
Whatcom County Planning*
INTERESTED PARTIES:
Whatcom County Council*
Whatcom County Assessor
WA State Dept of Fish &
Game
WA State Parks
Fire District #7
Fire District #13
Blaine School District
Puget Power
Birch Bay WA /SE District*
Arco Refinery
P.U.D.
Council of Governments*
City of Ferndale
.�,.
�� �9 '►QQ�
City of Blaine
Georgia Gardner -CPA, CA
Michael Ross
Pat Anderson, BB Attny
Pat Alesse
ARCO ( Charlie Cross /Roger
Joseph)
Ruth Danielson
Ed Lathers- Tideflats*
Jonathan Sitkin, Attny
Pat Anderson
Roger Beck, Semiahmoo
w
COX,,
Steve DeBolt
Pete Visser, Attny
Kirk Vinish
Bev Kittel, Blaine
Gordon Pierson
Bea Ball, BB Chamber
Jack Swanson, Attny
News Media:
Ben Santarris, Bellingham Herald
Govt. Reporter, Bellingham Herald
Cal Bratt, Westside Record Journal
Jim Cumberland, KGMI
Dave Sienko, KVOS
Blaine Banner
LEGAL NOTICES: Bellingham Herald, April 9, 10, 11, 1992
Ten+ notices were posted in the area
in compliance with RCW 36.93.160.
(In addition to the Bellingham Herald, the Westside
Record Journal, KGMI Radio, KVOS TV and the Blaine
Banner, received information related to the Birch
Bay hearing
EXHIBITS OF RECORD: Original Notice of Intention /amendments to
Application submitted by the Birch Bay
Incorporation Committee
Various Maps
Reference to and use of Whatcom County Comprehensive
Plan and Birch Bay Subarea Comprehensive Plan
Hearing Tapes - Hearing continued 3 evenings
Sign -in Sheet for Testifying @ Public Hearing
See Attached listing of Exhibits, including:
Exhibits A through Z,
Exhibits AA through ZZ
Exhibits AAA through MMM
Affidavit: Notice of Continuance of Public Hearing
1. FACTS FOUND BEARING ON POPULATION AND TERRITORY
A. The population for the proposed incorporation is in compliance with
RCW 35.02.010.
B. The majority of the modified area of the proposed incorporation
includes UR4, UR6 and Resort Commercial zoning.
C. The Birch Bay area has been recognized as a distinct community
for approximately 100 years;
D. The Arco Industrial area will not be fragmented by having portions
of property located within the proposed city of Birch Bay and
within Whatcom County
E. The Arco Refinery is designated within the Cherry Point - Ferndale
Subarea of the Whatcom County Comprehensive Plan.
2.
3.
FACTS FOUND BEARING ON MUNICIPAL SERVICES
A. The current providers, Birch Bay Water Sewer District, Whatcom Fire
District 7 and Whatcom Fire District 13 are doing an excellent job;
B. The basic service areas are in place and incorporation, if approved
by the electorate, should.not cause a disruption of water, sewer,
and fire protection during the transition period;
C. Board recommends that a minimum time limit of five years be
established as a guideline for consideration of any takeovers of
special purpose districts, i.e., water /sewer /fire;
D. Consideration could be given to contracting with the current
special purpose districts;
FACTS FOUND BEARING ON ADJACENT AREAS
A. Properties deemed to be the most rural in nature remain in the
county and were not included within the incorporation area.
B. The areas most rural in nature, if and when they become more
urbanized, could request to be annexed to a city. (i.e. Birch Bay
or Blaine)
C. By taking the Arco Industrial area out of the proposed
incorporation area, the effect to Whatcom County, as a whole,
would be minimized.
D. All factors of 36.93.170 have been given consideration.
CONCLUSIONS
The members of the Boundary Review Board for Whatcom County conclude that the
proposed Incorporation of the City of Birch Bay:
-appears to be financially viable;
-should be submitted to the people for a vote;
*
-that the proposed incorporation boundaries, as submitted, should be
modified to be consistent with the objectives as contained in RCW
36.93.180;
-should be modified by having the area most rural in nature deleted from
the area proposed for incorporation;
-should be modified by deleting the industrial area, Arco, from the
proposed incorporation area;
•should maintain the current providers of service, more particularly
Whatcom County Fire District #13, Whatcom County Fire District #7, and
the Birch Bay Water /Sewer District, which have been doing an excellent
job. Should this incorporation become a reality, the Board recommends
that a minimum of five years be established as a guideline for
consideration of any takeover of special purpose districts.
Negotiations should be held between the city and appropriate special
purpose districts throughout this five year period.
The Board finds that, at a minimum, the following objectives would be
accomplished by the Incorporation as modified by the Board:
-The Birch Bay area has been recognized as a distinct community for
close to a hundred (100) years; thus the preservation of a community,
objective 1, would be accomplished. P!�
-The boundaries as modified by the board fulfill objectives 4 and'7
of RCW 36.93.180. LSD
-The boundaries as modified by the Board are more urban in
character fulfilling objective 8.
DECISION
The Boundary Review Board for Whatcom County, having reviewed the NOI for the
proposed Incorporation of the City of Birch Bay, Washington, agrees that the
proposed incorporation appears to be financially viable and therefore
APPROVES THE PROPOSED INCORPORATIONS AS MODIFIED BY THE BOUNDARY REVIEW BOARD
FOR WHATCOM COUNTY, TO BE SUBMITTED TO A VOTE OF THE PEOPLE.
SIGNED this 1�t-n day of
Vivian Spille" air-
"
Dave Simms, Vice -Chair
Attest:
SW/05/12/92.
BIRCHBAY.FOF
Cc ,
1992.
Date
Pending verification of legal * Whatcan Co. Cartographer
(as of 05/18/92 - not yet final)
Attachment "A"
Proposed City of Birch Bay
County of Whatcom, State of Washington
Commencing at a point which is' the intersection of the mean high
water line of Birch Bay and the west line of the northeast quarter,
Section 1, Township 39 North, Range 1 East, W.M., projected North;
thence South along said projected West line to the Northwest corner
of the Northeast quarter and continuing South along the West line
thereof to the South line of Helweg Road; thence East along said
South line to its intersection with the centerline of Jackson Road;
thence North to the Southwest corner of Government Lot 4, Section
6, Township 39, Range 1 East of Willamette, thence continuing East
along the South line of Government lots 4, 3, 2, and 1 to the East
line said section thence continuing East along South line of
government lot 4 section 5, Twp. 39 North, Range 1 East of
Willamette to a point 660 feet East of the West line of said
governmetn lot 4.
Thence North parallel with and 660 feet East of the West line of
said sections 5, 32, and 29 to a point on the North line of the
South half of the South half of section 29 township 40, range 1
east W.M.
Thence East along the North line of the South half of the South
half of section 29 to the southwest corner of the plat of Double R
Ranch, according to the plat thereof, recorded in volume 9 of
plats, page 87, records of Whatcom County, Washington; thence East
along the South line of said plat to the southeast corner of said
plat; thence North along the East line of said plat to the
northeast corner of said plat; thence West along the North line of
said plat to a point which is 660 feet East of the West line of
section 29, township 40 North, range 1 East, W.M.; thence North, to
a point on the North line of section 20, township 40 North, range
1 East, W.M.; thence West along said projected North line to the
West line of said Section 20; thence South to the intersection of
. r
the South line of Lincoln road projected with the said West line of
Section 20, thence West along the South line of said Lincoln Road
and the Semiahmoo Parkway to the North line of Section 23, Township
40 North, range 1 West, W.M.; thence West along the North line of
said Section 23 and Sections 22 and 21, said township and range to
the mean highwater line of Semiahmoo Bay; thence westerly to the
mean low water line of Semiahmoo Bay; thence southerly along said
mean low water line to its junction with the mean low water line of
Birch Bay; thence following said mean low water line of Birch Bay
in a southerly and easterly direction to a point on the mean high
water line of Birch Bay which is 90° North of the point of
beginning; thence South 90° to the Point of Beginning.
Situate in County of Whatcom, State of Washington.
05/18/92
INCORPORATION OF CITIES
After Boundary Review Board Approval
See also 'Petitions for Incorporation. "
Overview:
If the Boundary Review Board has taken jurisdiction over a petition for incorporation, it will
eventually issue written findings after several public hearings and deliberations. Upon
receipt of the written findings, the County legislative authority will call for the election on
the question of incorporation. If the incorporation is approved, they will call for other
elections to elect officials for the new city. [RCW 35.02.078]
How does the County Council call for the election to take place?
After the written findings of the Boundary Review Board are delivered, the Council must
take action to call for the election to take place. This should be done by resolution,
prepared in consultation with the County Auditor and the Prosecutor's staff. [Clerk's
recommendation]. There is no requirement to be found for a public hearing on this
document; however, in the best interests of public notification it should be introduced at one
meeting, acted upon at the next.
The notice of election shall comply with RCW 29.27.080 and shall describe the boundaries
of the proposed city or town, its name, and the number of inhabitants ascertained by the
County Council or the Boundary Review Board to reside in it. [RCW 35.02.100]
The ballot on the question of incorporation shall contain the words "for incorporation" and
"against incorporation," or something similar. [RCW 35.02.110] The ballot and notice for
the ballot also must comply with RCW 35.13.080.
When will the election take place?
The question of incorporation will appear on the ballot for the next special election date
(dates are specified in RCW 29.13.020) that occurs 60 days or more after the written
decision of the Boundary Review Board is issued to the Council. [RCW 35.02.078]
What happens if a majority votes against incorporation?
The incorporation is not successful. If the measure fails, and if 40 percent or less of the
total vote was in favor of the incorporation, no new election on the question may take place
for at least three years from the date upon which the question failed. [RCW 35.02.078]
How is a favorable vote determined?
A majority of the votes are needed in order for the incorporation to be successful. [RCW
35.02.120]
How are elected officials selected?
5/13/92, RR Incorporation, After BRB Review, Page I
If the incorporation election is successful another election is called, to take place at the next
special election date that occurs 30 or more days after the results of the first election are
certified: This second election will be for the selection of candidates for city elective
positions. Candidates must file with the County Auditor as provided for in RCW 35.02.086.
When would the incorporation take effect?
The city or town official becomes incorporated at a date from 180 days to 360 days after the
election took place on the question of incorporation. This allows the newly - elected officials
to take actions setting up the basic rules and regulations for the new city. [RCW 35.02.130]
The new governing body of the new city or town would need to set this date by resolution.
A copy of the resolution shall be filed with the County Council. If the governing body does
not adopt such a resolution, the official date of incorporation will be 360 days after the
election took place on the question of incorporation. [RCW 35.02.130]
After receiving notice of the official date of incorporation, the County Council will file a
notice with the County Assessor that the city or town has been authorized to be
incorporated immediately after the favorable results of the election on the question of
incorporation have been certified. The Council also will file a notice with the secretary of
state that the city or town is incorporated as of the official date of incorporation. [RCW
35.02;130]
What happens between the election date and the official date of incorporation?
During the interim period (between the election of officials and the official incorporation
date of a city), the newly - elected officials have the following powers: They can adopt
ordinances and resolutions which become effective on or after the official incorporation
date; enter into contracts and agreements to facilitate the transition to becoming a city or
town and to ensure a continuation of governmental services after the official date of
incorporation; tax anticipation notes or revenue anticipation notes or warrants may be
issued; the governing body may acquire needed facilities, supplies, equipment, insurance, and
staff; the governing body may submit ballot propositions to the voters of the city or town to
authorize taxes to be collected on or after the official date of incorporation; may authorize
an annexation of the city or town by a fire protection district or library district, to be
effective immediately upon the effective date of the incorporation [RCW 35.02.130]
Other information:
Contracts with County for services
County roads
Elected officials
Fire Protection Districts
Franchises
Library Districts
Q \RR \POL \INCOAFrE.POL
RCW 35.02.225
RCW 35.02.140, 35.02.170, 35.02.180
RCW 35.02.078, 35.02.086, 35.02.090
RCW, 35.02.190, 35.02210, 52.22
RCW 35.02.160
RCW 35.02.210, 35.02.220
5/13/92, RR Incorporation, After BRB Review, Page 2
.. y
If the incorporation election is successful another election is called, to take place at the next
special election date that occurs 30 or more days after the results of the first election are
certified: This second election will be for the selection of candidates for city elective
positions. Candidates must file with the County Auditor as provided for in RCW 35.02.086.
When would the incorporation take effect?
The city or town official becomes incorporated at a date from 180 days to 360 days after the
election took place on the question of incorporation. This allows the newly - elected officials
to take actions setting up the basic rules and regulations for the new city. [RCW 35.02.130]
The new governing body of the new city or town would need to set this date by resolution.
A copy of the resolution shall be filed with the County Council. If the governing body does
not adopt such a resolution, the official date of incorporation will be 360 days after the
election took place on the question of incorporation. [RCW 35.02.130]
After receiving notice of the official date of incorporation, the County Council will file a
notice with the County Assessor that the city or town has been authorized to be
incorporated immediately after the favorable results of the election on the question of
incorporation have been certified. The Council also will file a notice with the secretary of
state that the city or town is incorporated as of the official date of incorporation. [RCW
35.02;130]
What happens between the election date and the official date of incorporation?
During the interim period (between the election of officials and the official incorporation
date of a city), the newly - elected officials have the following powers: They can adopt
ordinances and resolutions which become effective on or after the official incorporation
date; enter into contracts and agreements to facilitate the transition to becoming a city or
town and to ensure a continuation of governmental services after the official date of
incorporation; tax anticipation notes or revenue anticipation notes or warrants may be
issued; the governing body may acquire needed facilities, supplies, equipment, insurance, and
staff; the governing body may submit ballot propositions to the voters of the city or town to
authorize taxes to be collected on or after the official date of incorporation; may authorize
an annexation of the city or town by a fire protection district or library district, to be
effective immediately upon the effective date of the incorporation. [RCW 35.02.1301
Other information:
Contracts with County for services
County roads
Elected officials
Fire Protection Districts
Franchises
Library Districts
C \RR \POL \INOOAFrF -POL
RCW 35.02.225
RCW 35.02.140, 35.02.170, 35.02.180
RCW 35.02.078, 35.02.086, 35.02.090
RCW, 35.02.190, 35.02.210, 52.22
RCW 35.02.160
RCW 35.02.210, 35.02.220
5/13/92, RR Incorporation, After BRB Review, Page 2