HomeMy WebLinkAboutres1981-027t
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DATE: July 16, 1981
PREPARED BY: Water Dist.. No. 17
INTRODUCED BY:
RESOLUTION NO. 81 -27
A RESOLUTION APPROVING THE
WITHDRAWAL OF, TERRITORY' FROM
WATER DISTRICT NO. 17
- Muenscher
WHEREAS, on February 5, 1981 the Whatcom County Council
received a resolution (Resolution No. 9) from Water District No. 17
requesting withdrawal of certain territory from the ,dater District;
and,
WHEREAS, the Whatcom County Boundary Review Board invoked
jurisdiction over this matter in accordance with the provisions of
RCW Chapter 36.93; and,
WHEREAS, -the Boundary Review Board has acted upon this
matter and entered Findings and an Order of the Board in their
File No. 1 -81, a copy of which is annexed hereto, approving the
proposal for withdrawal of territory from Water District No. 17;
and,
WHEREAS, the County Council has reviewed the Findings and
Order of the Board and concurs therewith;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County
Council that the Findings and Conclusions of the Boundary Review
,Board be and hereby are adopted as the Findings and Conclusions of
the County Council.
BE IT FURTHER RESOLVED that the Whatcom County Council
hereby approves the proposal for withdrawal of territory from
Water District No. 17 and that the territory to be withdrawn from
said district is legally described as follows:
The Northwest quarter of the-Northwest quarter
of Section g, Township 40 North, Range 4 East
of W.M., AND,
That portion of the blest half of the West half
of Section 4, Township 40 North, Range 4 East of
W.M. lying Southerly of the Chicago - Milwaukee St.
Paul &Pacific Railroad (now Burlington Northern)
right -of -way; AND
SOLUTION - 1.
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That portion of Section 5, Township
40 North, Range 4 East of W.M., lying
Southeasterly of the Chicago- Milwaukee
St. Paul &_ Pacific Railroad (now
Burlington Northern) right- of- way;AND
That portion of the North half of the
North half of Section 8, Township 40
North, Range 4 East of W.M., lying
southeasterly of the Chicago- Milwaukee
St. Paul Railroad (now Burlington Northern)
right -of -way.
PASSED this 16th day of July 1981.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST: Joan Ogden
County Auditor & Ex- officio
Clerk of the Council
a 4 BY: &�2LC_- '5
Deputy
IAPPROVED AS TO FORM:
BRUCE L. DISEND,
Civil Deputy Prosecuting Attorney
IRESOLUTION - 2.
SHIRLEY VAN ANT ,
Chairperson
BEFORE THE BOUNDARY REVIEW BOARD OF WHATCOM COU^!TY
JURISDICTIUN INVOKED FILE NO. 1 -81
Withdrawal of Territory from (o
Whatcom County Water District UL) �TI I�IG�/ A, j j6DER
No. 17, affecting approximately OF THE BOARD
330 acres and seven residents
i 1 1 1981
PUBLIC HEARING WHATCO M COUNTY
Hearing Date: A Public Hearing was held at the WhatcJcOR' Courthouse,
Bellingham, Washington, on Thursday, May 7, 1981 at 7:00 P.M.
Legal Quorum:
Purpose:
Filing Date:
Legal Description:
Jurisdiction
Invoked:
Notices were sent to
the following Agencies/
Departments:
Legal Notices
Published:
Exhibits of Record:
E.R. Barnett, Inez Johnson, Neil Lathrop, Everett Sanders
Hearing held to consider Withdrawal of Territory from
Whatcom County Water District No. 17.
February 17, 1981
The Northwest quarter of the Northwest quarter of Section 9,
Township 40 North, Range 4 East of W.M., AND '
That portion of the West half of the West half of Section 4,
Township 40 North, Range 4 East of W.M.lying Southerly of
the Chicago - Milwaukee St. Paul & Pacific Railroad (now
Burlington Northern) right -of -way; AND
That portion of Section 5, Township 40 North, Range 4
East of W.M., lying Southeasterly of the Chicago -
Milwaukee St. Paul & Pacific Railroad (now Burlington
Northern) right -of -way; AND
That portion of the North half of the North half of Section 8,
Township 40 North, Range 4 East of W.M., lying Southeasterly
of the Chicago - Milwaukee St. Paul Railroad (now Burlington
Northern) right -of -way.
The Whatcom County Boundary Review Board invoked
jurisdiction March 12, 1981
John Louws, Whatcom County Executive.
Whatcom County Assessor's Office
Agricultural Service Center
Whatcom County Health Department
Whatcom County Engineering
Whatcom County Planning
Fire District #14 - T. Joan Maude
Bellingham Herald - April 26, 1981
Lynden Tribune - April 22 and April 29, 1981
Legal Description
Petition for Withdrawal
Water District #17 Resolution #9
Whatcom County Planning
Whatcom County Engineering
Whatcom County Assessor's Office
Agricultural Service Center
Whatcom County Health Department
John Louws, Whatcom County Executive
Fire District #14 - T. Joan Maude
FINDINGS OF FACT
From the testimony presented and the documents filed, the Whatcom County
Boundary Review Board makes the following findings:
I. Facts Found Bearing Upon Population and Territory:
A. The land area to be affected by this proposal is approximately 330
acres and lies easterly and southeasterly of the existing water district.
B. Seven (1) residences are in the area to be affected.
C. There will be no impact on existing lands.
D. There will be no conflict with county codes or planning.
II. Facts Found Bearinq on Utility Services
A. The proposed action will not alter or affect present services in
the area.
B. The proposed action will not duplicate water or sewage service in
the area.
C. The area to be affected is presently satisfactorily serviced.
D. The proposed action is primarily in the financial interests of
Water District #17.
III. Facts Found Bearing on Adjacent Area
A. There will be no impact on adjacent area.
CONCLUSIONS OF LAW
From the evidence presented and the foregoing findings of fact, the
Whatcom County Boundary Review Board makes the following findings:
1. All of the approximately 330 acres of the affected area is located on
the east side of the railroad track. Extension of Water District #17
system beyond, over, across or under this railroad track will create
an excessive financial burden.
2. No land use or value is affected.
3. Withdrawal of territory from Water District #17 will not affect the
existing.service areas.
4. An objection to inclusion of some particles of land in Water District
#17 was voiced by county agencies and board members.
DECISION
The Whatcom County Boundary Review Board by vote has, with one abjection,
APPROVED the proposal for Withdrawal of Territory from Water District #17 as
submitted. The dissenting objection concerns the placing o.f some legal plots
int two water districts, i.e., Water District #17 and the Nooksack Valley
Water Association.
rit
SIGNED THIS II DAY OF 1981.
E,- -R �B rnett, Cha man
Approved to Form
Sharon L. Wolf, Chief Clerk