HomeMy WebLinkAboutres1980-058.
1
2
3
4
5
6
7
8
9
10
11
12
13
a!
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
DATE: September 18, 1980 INTRODUCED BY: Roehl
PROPOSED BY: Counci
RESOLUTION NO. 80 -58
A RESOLUTION IN THE MATTER OF SUB -
MITTING TO THE VOTERS A PROPOSAL: TO
CREATE WHATCOM COUNTY
WATER DISTRICT NO. 17.
WHEREAS, the Whatcom County Council has received a
Petition from the residents of the affected area requesting
initiation of the process of calling an election on the question
of whether Whatcom County Water District No. 17 should be
formed; and
WHEREAS, the Whatcom County Boundary Review Board, af_te
hearings in accordance with law entered Findings of Fact and
Conclusions of Law approving the formation of Whatcom County
Water District No. 17; and
WHEREAS, RCW 57.04.050 authorizes an election to
determine whether or not a water district shall be formed and
whether or not a one year one.dollar and twenty -five cents per
thousand dollars of assessed value tax shall be imposed if the
County Council believes the proposed district will be conducive
to the public health, welfare and convenience and be of special
benefit to the land therein;-
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. The proposed Whatcom County Water District
No. 17 will be conducive to the public health, welfare and
convenience and be of special ;benefit to the land included
within ,its boundaries as those are described in the Findings and
Order of Whatcom County Boundary Review Board dated September 4,
1980, in Case No. 3 -80 a true and correct copy of which is
attached hereto marked Exhibit A and is by this reference
incorporated herein as though fully set forth.
Section 2. The Whatcom County Council shall present
RESOLUTION - 1
1
2
3
4
7
8
9
10
11
l2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
to the Whatcom County Auditor's Office a proposition to be
placed on the ballot for the general election to be held
November 4, 1980. Said proposition shall state as follows:
PROPOSITION NO.
WHATCOM COUNTY WATER DISTRICT NO. 17 FORMATION
Shall Whatcom County Water District
No. 17 be formed?
Whatcom County Water District No. 17 YES
Whatcom County Water District No. 17 NO
Section 3. The Whatcom County Council shall submit to
the Whatcom County Auditor's Office a proposition to be placed
on the ballot for the general election to be held November 4,
1980. Said proposition shall state as follows:
PROPOSITION NO.
WHATCOM COUNTY WATER DISTRICT NO. 17
ONE YEAR ONE DOLLAR AND TWENTY -FIVE
CENTS PER THOUSAND DOLLARS OF
ASSESSED VALUE TAX
Shall Whatcom County Water District No. 17,
if it is formed be authorized to levy at the
earliest time permitted by law on all property
located within the boundaries of Whatcom County
Water District No. 17 a general tax for one year,
in excess of the limitations provided by law of
not to exceed one dollar and twenty -five cents
per thousand dollars of assessed value for general
preliminary expenses of Whatcom County Water
District No. 17?
One year One Dollar and Twenty -Five Cents
per thousand dollars of assessed value tax YES
One year One Dollar and Twenty -Five Cents
per thousand dollars of assessed value tax NO
PASSED THIS 18th DAY OF SEPTEMBER, 1980.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
RESOLUTION - 2
k. L 4 rte., a.
CEa-irpersdn
1
2
3
4
5
6
7
8
9
10
11
i2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
ATTEST:
Joan Ogden
County Auditor and Ex- officio
Clerk of the Council
BY
RESOLUTION - 3
APPROVED AS TO FORM:
i
BEFORE THE BOUNDARY REVIEW BOARD OF WHATCOM COUN
EXHIBIT "A"
JURISDICTION INVOKED
Creation of a new Water
District, #17, containing
approximately 6,135 Acres
FILE NO. 3 -80
FINDINGS AND ORDER
OF THE BOARD
Hearing Date: A Public Hearing was held at the Clearbrook Lutheran Church
in Sumas, Washington, on Thursday, July 24, 1980, at 7:00 P.M.
Legal Quorum: Chairman Reco Barnett, John Nolan, Jr., Larry Erickson, and
Everett Sanders
Purpose: Hearing held to consider the creation of Water District #17
on approximately 6,135 acres.
Filing Date: April 7, 1980
Legal Description: A portion of Townships 40 and 41 North, Range 3 East of W.M.,
and a portion of Townships 40 and 41 North, Range 4 East of
W.M., Whatcom County, Washington, bounded and described as
follows:
Commencing at the common corner of Townships 40 and 41 North,
Range 3 East of W.M., and Townships 40 and 41 North, Range 4
East of W.M.; Thence North along the East line of Township 41
North, Range 3 East of W.M. to the international boundary of
the United States of America and the Dominion of Canada and
the true point of beginning; Thence West along said inter-
national boundary to the West line of the East half of the
West half of Section 34, Township 41 North, Range 3 East of
W.M.; Thence South along the West line of said half half
section, along the West line of the East half of the West
half of Section 3, Township 40 North, Range 3 East of W.M.,
and along the West line of the Northeast quarter of the
Northwest quarter of Section 10, Township 40 North, Range 3
East of W.M., to the South line of the North half of the
North half of Section 10, Township 40 North, Range 3 East
of W.M.; Thence East along said South line, along the South
line of the North half of the North half of Sections 11 and
12, Township 40 North, Range 3 East of W.M., along the South
line of the North half of the North half of Sections 7 and 8,
Township 40 North, Range 4 East of W.M., and along the South
line of the Northwest quarter of the Northwest quarter of
Section 9, Township 40 North, Range 4 East of W.M., to the
East line of said quarter quarter; Thence North along said
East line, along East line of the West half of the West
half of Section 4, Township 40 North, Range 4 East of W.M.,
and along the East line of West half of the West half of
Section 33, Township 41 North, Range 4 East of W.M. to the
international boundary of the,United States of America and
the Dominion of Canada; thence West along said international
boundary to the point of beginning.
Said lands containing the following described property:
That portion of the East half and the East half of the West
half of Section 34, Section 35, and Section 36, Township 41
North, Range 3 East of W.M. lying southerly of the United
States of America- Dominion of Canada international boundary;
also Section 1, Section 2,'the East half and the East half
of the West half of Section 3, the Northeast quarter of the
Northwest quarter and the North half of the Northeast quarter
of Section 10, the North half of the North half of Section
11, and the North half of the North half of Section 12,
Township 40 North, Range 3 East of W.M.; ALSO the West half
of the West half of Section 4, Section 5, Section 6, the
North half of the North half of Section 7, the North half
of the North half of Section 8, and the Northwest quarter
of the Northwest quarter of Section 9, Township 40 North,
Range 4 East of W.M.; and ALSO that portion of Section 31,
Section 32, and the West half of the West half of
Section 33, Township 41 North, Range 4 East of W.M.,
lying southerly of the United States of America- Dominion
of Canada international boundary.
EXCEPT the following described property:
The Northeast quarter of the Southeast quarter, and the
South half of the Northwest quarter of the Southeast
quarter, and the Southwest quarter of the Southeast
quarter, all located in Section 34, Township 41 North,
Range 3 East of W.M.,
ALSO EXCEPT the Northeast quarter of the Northwest and
East one -half of Government Lot 1 and North 220 feet
of the West one -half of Government Lot 1, Sec. 7J40J4E
Jurisdiction The Whatcom County Boundary Review Board invoked
Invoked: Jurisdiction April 10, 1980.
Notices were sent to the following Agenc es /Departments:
John Louws, County Executive
Whatcom Co. Health Dept.
Whatcom Co. Dept of Public Works
Whatcom Co. Planning Dept.
Legal Notices Published and Posted:
Whatcom Co. Fire District #,3
Whatcom Co. Engineering Division
Whatcom Co. Conservation District
Bellingham Herald: April 20, June 19, July 10, and July 17, 1980
Lynden Tribune: June 18, July 9, and July 16, 1980
An Environmental Checklist was received
Exhibits of Record: Exhibit A - Notice of Intention
Exhibit B - Statement of Reasons for Proposed Action
Exhibit C - Legal Description
Exhibit D - County Assessor's Map
Exhibit F - Vicinity Map
Exhibit I - Petition and Resolution or Ordinances
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 is approximately 6,135 acres
B. 111 residences are in the proposed area
C. No significant land contours are contained 1n the proposed area;
D. The Area is zoned "Agricultural ", there will be no rezoning;
E. The formation of a Water District will not affect the nature of
the community.
II. Facts Found'Bearing on Municipal Services
A. Water will be withdrawn from wells to serve residences of the area.
It will thus reduce water in some aquifers. In total, however,
water usage in the area will remain the same.
B. The proposed water district will result in increased fire protection
for the community.
III. Facts Found Bearing on Adjacent Area
A. Apparently None.
CONCLUSIONS OF LAW
From the evidence presented and the foregoing findings of fact, the Whatcom
County Boundary Review Board makes the following findings:
1. The proposed formation of a new water district will not disrupt the
integrity of the natural community;
2. Agricultural land will not be adversely affected;
3. Formation of the water district will result in improved water quality
and service to the community.
DECISION
The Whatcom County Boundary Review Board having reviewed the proposed formation
of Water District #17 does hereby APPROVE the formation of the special purpose
district proposal.
SIGNED THIS '7 DAY OF 1980.
Vice Chairman
r
Legal Counsel Counsel
' o d
Clerk of the Board