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Home My WebLink Aboutord2021-049Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2021-405 File ID: AB2021-405 Version: 1 Status: Adopted File Created: 07/06/2021 Entered by: JLassite@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Finance and Administrative Services Committee Final Action: 07/27/2021 Agenda Date: 07/27/2021 Enactment #: ORD 2021-049 Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance requesting that the Whatcom County Auditor include the question of establishing a Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay on the ballot at the November general election SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This ordinance would forward the Birch Bay Library Captial Facility Area proposal to the Whatcom County Auditor for inclusion on the ballot at the next general election. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 07/13/2021 Council INTRODUCED Council Finance and Administrative Services Committee Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 07/27/2021 Council Finance and Administrative RECOMMENDED FOR Services Committee ADOPTION Aye: 3 Browne, Byrd, and Frazey Nay: 0 Absent: 0 07/27/2021 Council ADOPTED Whatcom County Page 1 Printed on 712912021 Agenda Bill Master Report Continued (AB2021-405) Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Attachments: Proposed Ordinance, WCLS Resolution, WCLS Explanatory Statement, WCLS Auditor Forms, RCW 27.15 Language Whatcom County Page 2 Printed on 712912021 1 PROPOSED BY: WHATCOM COUNTY RURAL LIBRARY DISTRICT 2 INTRODUCTION DATE: JULY 13, 2021 3 4 5 ORDINANCE NO. 2021-049 6 7 REQUESTING THAT THE WHATCOM COUNTY AUDITOR INCLUDE THE 8 QUESTION OF ESTABLISHING A BIRCH BAY LIBRARY CAPITAL FACILITY 9 AREA TO FINANCE A NEW LIBRARY FACILITY IN BIRCH BAY ON THE 10 BALLOT AT THE NOVEMBER GENERAL ELECTION 11 12 WHEREAS, on June 15, 2021, the Whatcom County Library System Board of 13 Trustees adopted Resolution No. 6/15/21-08 initiating the process for establishing 14 the Birch Bay Library Capital Facility Area to finance a new library facility in Birch 15 Bay; and 16 17 WHEREAS, the Bookmobile currently serving the Birch Bay community 18 cannot accommodate a collection size to support the rapidly growing population; 19 and 20 21 WHEREAS, the Birch Bay community lacks public services such as public 22 meeting rooms, public internet computers, free informational and educational 23 programs and events for all ages; and 24 25 WHEREAS, Chapter 27.15 RCW permits, upon the request of the Library 26 District and the approval of the voters, the creation of a library capital facility area 27 to construct, acquire, maintain, and remodel library capital facilities; and 28 29 WHEREAS, the Whatcom County Rural Library District has fulfilled all the 3o requirements for the proposed establishment of the Birch Bay Library Capital 31 Facility Area and the proposal is ready to send to a vote of the people. 32 33 NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council 34 hereby forwards the Birch Bay Library Capital Facility Area proposal to the 35 Whatcom County Auditor for inclusion on the ballot at the next general election. 36 37 BE IT FURTHER ORDAINED that the boundaries of the Birch Bay Library 38 Capital Facility Area shall be as described by Exhibit A to this ordinance. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 BE IT FURTHER ORDAINED that the proposition shall be in substantially the following form: The Whatcom County Council adopted Ordinance No.2021-049concerning a proposition to establish the Birch Bay Library Capital Facility Area to finance a new library facility in Birch Bay. If approved, this proposition would establish the Birch Bay Library Capital Facility Area with boundaries as described in County Council Ordinance No.2021-o4q authorize it to acquire, construct, furnish and equip a new library in Birch Bay, incur indebtedness to finance such improvements through the issuance of up to $4,500,000 in general obligation bonds maturing within 20 years, and levy annual excess property taxes to repay such bonds. Shall this proposition be approved? YES NO ADOPTED this 27th day of July , 2021. - ...., k,,,a ATTS: h a ® C N iP Dana_ Brown avl (!�16rk of the Council APPROVED AS TO FORM: /s/ Karen Frakes Approved via E-mail /JL Civil Deputy Prosecutor Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON i4l Barr )QchananI Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON &141mw� S-�� Satpal SidAu County Executive ( ) Approved Date Signed: ( ) Denied 9< "M EXHIBIT `A' WHATCOM COUNTY RURAL LIBRARY DISTRICT BIRCH BAY LIBRARY CAPITAL FACILITY AREA BOUNDARY DESCRIPTION ALL THOSE PORTIONS OF UPLAND AND TIDELANDS PROPERTIES INCLUDED WITHIN THE AREA DESCRIBED BELOW, AND LYING WITHIN PORTIONS OF THE FOLLOWING SECTIONS: TOWNSHIP 39 NORTH RANGE 1 WEST W.M. SEC 11-ON fi, =710N �, -SECTION I I T14D -SECTION 12. TOWNSHIP 39 NORTH RANGE 1 EAST. W.M. SECTION S, CECTrON d, -SEC I ION 7 AAWiS =TION 8. TOWNSHIP 40 NORTH RANGE 1 WEST. W.M. SECTION 1b, -SECTION'15, -SECTION iig, SECTION 21, SECTION 22, SECTION 23, SECTION 24, SECTION 25, SECTION 26, SECTION 27 AND SECTION 36, TOWNSHIP 40 NORTH, RANGE 1 EAST W.M. SECTION iS, CECTI'M 2D, -SECTION T,'SECTION 22, SECTION 27, SECTION 29, SECTION 30, SECTION 31 AND SECTION 32. CAPITAL FACILITY AREA BOUNDARY: BEGINNING AT THE SOUTH 1/16TH CORNER ON THE EAST LINE OF SECTION 10, TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M.; THENCE WESTERLY ALONG THE SOUTH 1/16T1i LINE OF SAID SECTION 10 AND THE SOUTHERLY CITY LIMITS BOUNDARY OF THE CITY OF BLAINE TO THE SHORELINE OF SEMIAHMOO BAY; THENCE ALONG SAID SHORELINE, AS FOLLOWS: IN A GENERALLY SOUTHERLY DIRECTION ALONG THE SHORELINE OF SEMIAHMOO BAY AND WITHIN SAID SECTIONS 10, 15, 16, AND 2.1 OF TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M.; THENCE IN A GENERALLY SOUTHEASTERLY DIRECTION ALONG THE SHORELINE OF SEMIAHMOO BAY AND BIRCH BAY AND WITHIN SAID SECTIONS 21, 22 AND 27 OF TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M.; THENCE IN A GENERALLY EASTERLY AND NORTHEASTERLY DIRECTION ALONG THE SHORELINE OF BIRCH BAY AND WITHIN SAID SECTIONS 26 AND 23 OF TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M.; THENCE IN A GENERALLY SOUTHEASTERLY AND SOUTHERLY DIRECTION ALONG THE SHORELINE OF BIRCH BAY AND WITHIN SAID SECTIONS 24 AND 25 OF TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M., AND SECTION 30 OF TOWNSHIP 40 NORTH, RANGE 1 EAST, W.M.; THENCE IN A GENERALLY SOUTHERLY AND SOUTHWESTERLY DIRECTION ALONG THE SHORELINE OF BIRCH BAY AND WITHIN SAID SECTION 31, TOWNSHIP 40 NORTH, RANGE 1 EAST, W.M., AND SECTION 36, TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M. AND SECTIONS 1 AND 2, TOWNSHIP 39 NORTH, RANGE 1 WEST, W.M.; THENCE CONTINUING IN A GENERALLY WESTERLY AND SOUTHERLY DIRECTION ALONG THE SHORELINE OF BIRCH BAY AND THE STRAIT OF GEORGIA AND WITHIN SECTION 2, TOWNSHIP 39 NORTH, RANGE 1 WEST, W.M.; THENCE CONTINUING IN A GENERALLY SOUTHERLY AND SOUTHEASTERLY DIRECTION ALONG THE SHORELINE OF THE STRAIT OF GEORGIA TO THE INTERSECTION WITH THE SOUTH LINE OF SECTION 11, TOWNSHIP 39 NORTH, RANGE 1 WEST, W.M.; THENCE DEPARTING SAID SHORELINE AND EASTERLY ALONG SAID SOUTH LINE OF SECTIONS 11 AND 12, TOWNSHIP 39 NORTH, RANGE 1 WEST, W.M. TO THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE CONTINUING EASTERLY ALONG THE SOUTH LINE OF SECTIONS 7 AND 8, TOWNSHIP 39 NORTH, RANGE 1 EAST, W.M., ALSO BEING THE CENTERLINE OF ALDERGROVE ROAD (CO. RD. NO. 641) TO THE SOUTHEAST CORNER OF SAID SECTION 8, BEING A POINT OF INTERSECTION OF THE CENTERLINES OF SAID ALDERGROVE ROAD WITH KICKERVILLE ROAD (CO, RD, 228); THENCE NORTH ALONG SAID CENTERLINE OF KICKERVILLE ROAD, AND THE EAST LINE OF SAID SECTIONS 8 AND SECTION 5 OF SAID TOWNSHIP 39 NORTH, RANGE 1 EAST, W.M. TO THE NORTHEAST CORNER OF SAID SECTION 5, BEING A POINT OF INTERSECTION OF THE CENTERLINES OF SAID KICKERVILLE ROAD AND BAY ROAD (CO. ROAD NO. 42); THENCE NORTHERLY ALONG THE EAST LINE OF SECTIONS 32 AND 29, TOWNSHIP 40 NORTH, RANGE 1 EAST, W.M., AND ALONG THE CENTERLINE OF SAID KICKERVILLE ROAD TO THE NORTHEAST CORNER OF SAID SECTION 29, BEING THE POINT OF INTERSECTION OF THE CENTERLINES OF SAID KICKERVILLE ROAD AND BIRCH BAY-LYNDEN ROAD (CO. RD. NO. 559); THENCE EAST ALONG THE SOUTH LINE OF SECTIONS 21 AND 22, TOWNSHIP 40 NORTH, RANGE 1 EAST, AND ALONG THE CENTERLINE OF SAID BIRCH BAY-LYNDEN ROAD TO THE POINT OF INTERSECTION WITH PORTAL WAY; THENCE CONTINUING IN AN EASTERLY AND SOUTHEASTERLY DIRECTION ALONG SAID CENTERLINE OF SAID BIRCH BAY-LYNDEN ROAD AND WITHIN SECTIONS 22 AND 27 OF TOWNSHIP 40 NORTH, RANGE 1 EAST, W.M., TO THE WEST MARGIN OF INTERSTATE 5; THENCE NORTHWESTERLY ALONG SAID WEST MARGIN OF INTERSTATE 5 AND WITHIN SAID SECTIONS 27,22 AND 21 TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 21; THENCE WESTERLY ALONG THE NORTH LINE OF SECTIONS 21, 20, AND 19, TOWNSHIP 40 NORTH, RANGE 1 EAST, W.M., AND SECTIONS 24 AND 23, TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M., TO THE NORTHWEST CORNER OF SAID SECTION 23; THENCE NORTHERLY ALONG THE EAST LINE OF SECTIONS 15 AND 10, TOWNSHIP 40 NORTH, RANGE 1 WEST, W.M,, TO THE POINT OF BEGINNING. TOGETHER WITH SECOND CLASS TIDELANDS ABUTTING. ALSO TOGETHER WITH ANY PROPERTIES LOCATED BETWEEN THE LINE OF ORDINARY HIGH WATER AND THE GOVERNMENT MEANDER LINE. EXCEPTING THEREFROM ANY PORTION OF LAND LOCATED WITHIN THE CITY OF BLAINE. SITUATE IN WHATCOM COUNTY, WASHINGTON NOTE: THE TERM "SHORELINE" USED IN THIS CAPITAL FACILITY AREA BOUNDARY DESCRIPTION IS INTENDED TO REPRESENT THE LEGAL BOUNDARY BETWEEN UPLAND AND TIDELAND PROPERTIES, WHICH MAY BE EITHER THE GOVERNMENT MEANDER LINE OR THE LINE OR ORDINARY HIGH WATER DEPENDING ON HISTORICAL AND LEGAL CIRCUMSTANCES. IN ALL CASES, AND SPECIFICALLY FOR THE PURPOSES OF THIS CAPITAL FACILITY AREA BOUNDARY DESCRIPTION IT SHOULD BE PRESUMED THAT THERE IS NO GAP BETWEEN UPLAND AND TIDELANDS PROPERTIES.