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HomeMy WebLinkAbout1987 NOVEMBER 03,1987-SPECIAL WATER DISTRICT 6 (Merge to Water District 8)WHATCOM COUNTY AUDITOR'S OFFICE P.O. Box 398 Bellingham, WA 98225 JOAN OGDEN, Auditor Phone 676 - 6740 OFFICIAL CANVASS OF THE GENERAL AND SPECIAL ELECTION HELD IN WHATCOM COUNTY WATER DISTRICT NO. 6 ON THE 3RD DAY OF NOVEMBER, 1987. OATH OF AUDITOR STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) I do solemnly swear that the returns purporting to be the election returns of Whatcom County Water District No. 6, held on the 3rd day of November, 1987, have in no wise been altered by additions or erasures, and that they are the same as when they were deposited in my office, SO HELP ME GOD. County Auditor � Subscribed and sworn to before me this 18th da of Nove be'","1987. C myLegislative 'AutHoHty- CERTIFICATE OF CANVASSING BOARD "''`4i1o�i� STATE OF WASHINGTON) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT we, as the Whatcom County Canvassing Board have completed our canvass of votes as it pertains to the General and Special Election held within the boundaries of Whatcom County Water District No. 6, on the 3rd day of November, 1987 and the results were as follows: WATER DISTRICT NO. 6 VOTES % COMMISSIONER DARWIN KRUSE N.R. 18629 6 year term Vote for One Special Election— Proposition No. 1 YES -188 42 10070 Shall Whatcom County Water District No. 6 be merged Into Birch Bay Water District No. 87 0 NO -189 � h¢� i The canvass having been completed this 18th day of Novembpi o 1,989:_g, WHATCOM COUNTY CANVASSING BOARD County Auditor r f G Co my Legislative Authority 10 4 f M County Prose iting ttorney .� 'i1 s0 '• o — f� ;10-G November 3, 1987 Whatcom County, Washington TURN OVER FOR NEXT PAGE VOTE ALL PAGES TO CONTINUE YOUR VOTING GO TO NEXT PAGE WATER DISTRICT NO. 6 COMMISSIONER DARWIN KRUSE N.P. 186 d] 6 year term Vote for One Special Election— Proposition No. 1 YES' 188 10, Shall Whatcom County Water District No. 6 be merged into Birch Bay Water District No. 87 NO-189 � AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON, C�O]]UNTYI OF W�HAA-TCOM`{ `l .... being first sworn on oath, deptoses and says that she is the principal clerk of THE WESTSIDE RECORD -JOURNAL, a weekly newspaper. That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published in the English language continually as a weekly newspaper in Whatcom County, NOTICE OF THE Washington, and it is now and during all of said time was printed in an CLOSING OF THE office maintained at the aforesaid place of publication of said newspaper. REGISTRATION BOOKS The Registration Books In all the precincts of Whatcom County, That the annexed is a true copy of a 1 Wasington will be ciosed to as it was published in regular issues (an o; in supple men rm) orfgfnal reglslra lions and transfers between precincts after Saturday, of said newspaper once each uveek for T/�-� �� October 3, 1987, until after the eperiod of...�!...I................. _ General Election and any Special consecutive weeks, commencing on the Elections held In conjunctions 4� oo�)) therewith an Tuesday, November ________. r�. day opik ��1.j (.1 198..(., and ending on the 3, 1987. � ' � ' Joan Ogden, Whatcorn County Auditor and Ex-offlclo Supervfsar ............................. day of ..._..._._..........__.._... .... 19......... both dates inclu- of Electfons. sive, and that such newspaper was regularly distributed to its sub- Publlshed'September 23,,1987. scribers during all of said period. That the full amount of the fee (WC 177). charged for the foregoing publication is the sum of $ . ................ which amount has been paid in full, at the rate of $...(a O............ per column inch for the first insertion and $ .......................... per column inch for each subsequent insertion. Subscribed,[ and sworn to before me this..... .... ......... day of .t..L%%� i............... i9..d.. 7imtatll'. of .............. Notary Public in adfr t Washington, residing at . W 1000 N Forest - Courthouse Annex Bellingham, Washington 98225 Birch Bay Water District No. 8 4895 Birch Bay - Lynden Road Blaine, WA 98230 BOUNDARY REVIEW BOARD 398-1310 Ext. 6868 December 14, 1987 676-6868 SUBJECT: BRB 87-09, Water District 8/6 Consolidation of Districts Dear Water District No 8: The time period has elapsed for taking jurisdiction of the consolidation of Water District 6 into the Birch Bay Water Distric No. 8, therefore, the consolidation of the two districts is considered approved. Enclosed is a copy of the legal description for Water District 6 as submitted for formation. This legal should be used. Also enclosed is a copy of Whatcom County Council Resolution 87-62 approving the merger. Please submit proper documentation to appropriate state and local jurisdictions. If you have further questions, please don't hesitate to call. Sincerely, 4:��e Chief Clerk cc: Whatcom County Executive Whatcom County Council Whatcom County Public Works Whatcom County Planning Whatcom County Assessor Whatcom County Auditor (Elections) Whatcom County Health Department DSHS Dept. of Ecology c r4 c � RESOLUTIO11 RE: FORMATION OF ) WHATCO14 COUNTY WATER DISTRICT ) R E S O L U T I O N NO. 6 ) WHEREAS, the returns of the election for the formation of a Water District at Semiahmoo have been duly canvassed, it is hereby RESOLVED that of the votes cast on the proposition for the formation of the Water District, 3 votes were cast in favor of the organization of said District and 0 votes were cast against the same; that of the votes cast on the proposition authorizing the Water District to levy a general tax of five mills for one year for general preliminary expenses of the District, 8 votes were cast in favor of the levy and 0 votes were cast against the levy; said vote being a majority of three -fifths of the electors thereof voting on the proposition;being not less than fotty percent of the total number of votes cast in the District at the last preceding general State election held therein, as provided for under RCW 57.04.050. IT IS THEREFORE NOW FOUND AND DECLARED that 14hatcom County Water District No. 6, is now a duly organized Water District under the laws of the State of Washington, with boundaries established and defined as follows: Beginning at the point of intersection of the shore of Semiahmoo Bay and the North line of Government Lot 3 of Section 10, Town- ship 40 North, Range 1 West, W.M.; Thence East along the North line of Government Lots 3 and 4 of said Section 10 to the East line of said Section 10; Thence South along the East line or said Section 10 to the Southeast corner thereof and continuing South along the East line of Section 15, Township 40 North, Range 1 West, W.M., to the Southeast corner thereof; Thence West along the South line of said Section 15 to the Southwest corner thereof, and continuing West along the South line of Section 16, Township 40 North, Range 1 West, W.M., to the point of intersection with the shore of Semiahmoo Bay; Thence Northerly and Northeasterly along the shoreline of Semiahmoo Bay to the Point of Beginning. BE IT FURTHER RESOLVED that the following are the duly elected Commissioners of Water District No. 6: ' Don Easterly District No. 1 .0; Robert Hansen District No. 2Fj William Montfort District No. 3 �tp DATED this 28th day of February, 1966. S BOARD OF COUNTY COITVISSIONERS OF WHATCOM COUNTY, WASHINGTON 1 2 3 4 5 6i 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 INTRODUCfiD BY: Cr�nsentt PROPOSED BY: _ Planning DATE: _.__12L3/87 — RESOLUTION NO. 87-62 A RESOLUTION APPROVING THE MERGER OF WATER DISTRICT 6 AND BIRCH BAY WATER DISTRICT 8 AND CHANGING THE NAME OF THE COMBINED DISTRICT TO BIRCH BAY WATER AND SEWER DISTRICT. WHEREAS, Water District 6 and Water District 8 desire to merge and change the name of the combined district to Birch Bay Water and Sewer District and have obtained all necessary agreements by their constituents to the merger and the change of name; and WHEREAS, RCW 57.02.040 requires the County Council to approve any merger of Water Districts and to consider whether a proposed merger is in accordance with the Comprehensive Plan, any state basinwide plans, and the county policies regarding water and/or sewerage facilities; and WHEREAS, the proposed merger is in agreement with the Birch Bay - Blaine Comprehensive Plan and was recommended as providing better service to the citizens of the area; and WHEREAS, there are no state basinwide plans in effect at this time for the area within the district's boundaries; and WHEREAS, the county policies for water and sewer service are in favor of minimizing the number of purveyers; and WHEREAS, the new name reflects the location and range of services and is a logical choice for the combined district; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows - SECTION 1: The Council approves the merger of Water District 6 and Birch Bay Water District 8. SECTION 2: The Council approves the change of name from Birch Bay Water District 8 to Birch Bay Water and Sewer District. PASSED this 3rd day of _ December , 1987. ATTEST: Ebergson, Clerk of the APPROVED AS TO FORM: Dave Cottingham Civil Deputy Prosecuting Attorney it WHATCOM COUNTY COUNCIL WRATCOM COUNTY WASRTNGTON Tom Burton, Chairperson SPECIAL ELECTION PROPOSITION NO. 1 Shall Whatcom County Water District No. 6 be merged into Whatcom County Water District No. 8? YES �1 ='�0 1 1 JOAN OGDEN, AUDITOR Phone 676-6740 NOTICE OF THE CLOSING OF THE REGISTRATION BOOKS The Registration Books in all the precincts of Whatcom County, Washington will be closed to original registrations and transfers between precincts after Saturday, October 3, 1987, until after the General Election and any Special Elections held in conjunction therewith on Tuesday, November 3, 1987. i 4nJ Ogd Whatcom County Auditor and Ex-officio Supervisor of Elections Publish: Sept. 23, 1987 P.O. Box 398 gha »_ Washvzgtan 98225 JOAN OGDEN, AUDITOR Phone 676-6740 I have read and understand the guidelines as set forth by the Whatcom County Auditor's 0-1'fice. I have also read RCW 29.51.020 and recognize the implications of the law. I am also aware of RCW 29.51.125. Signature f Poll Watcher 6C%. Date aO AID�O6 DE WHAT*Cdl .CD TY AJD I TOR r Y V j 1� n ELECTERM PERSON NAMED IS PRESENT OFFICE HOLDER WHOSE TERM EXPIRES 12/31/89 OFFICE F FORM C FORMS TERM FILING FE ------------------------------------------------------------------- PORT OF BELLINGHAM DISTRICT NO 1 PETER ZUANICH X X 6 YR NO FEE WHATCOM COUNTY COUNCIL AT LARGE TOM BURTON X X 4 YR COUNCIL DIST #1 POS A DAN WARNER X X 4 YR COUNCIL DIST #2 POS A C.J. CORKY JOHNSON X X 4 YR COUNCIL DIST #3 POS A WILL ROEHL X X 4 YR CITY OF BELLINGHAM COUNCIL AT LARGE LOUISE BJORNSON X X 2 YR COUNCIL WARD 2 FOSTER ROSE X X 4 YR COUNCIL WARD 4 MARK ASMUNDBON X X 4 YR COUNCIL WARD 6 TIP JOHNSON X X 4 YR CITY OF BLAINE COUNCIL AT LARGE POS 7 RICK ALEXANDER X 2 YR COUNCIL WARD 1 POS 2 WILLIAM L. DODD, OR. X 4 YR COUNCIL WARD 2 POS 3 STEVEN H. DODD X 2 YR UN -EX COUNCIL WARD 2 POS 4 HAROLD KLEY X 4 YR COUNCIL WARD 3 POS 5 JANET HANSEN COUNCIL WARD 3 POS 6 ALMA E. WAGNER CITY OF EVERSON MAYOR MATTHEW LAGERWAY COUNCIL POSITION 1 RONALD A. WALDO COUNCIL POSITION 2 PHILLIP E. MULTOP COUNCIL POSITION 3 EUGENE (CHUCK) WASSENAAR COUNCIL POSITION 4 MARVIN BOTT F FORM X ■ CITY OF FERNDALE F FORM COUNCIL POSITION 1 GARY E. GIBBONS X COUNCIL POSITION 2 JACK A. WILLIAMS X COUNCIL POSITION 3 MADELYN H. WASLOHN X CITY OF LYNDEN MAYOR EBBERT MAAS X COUNCIL POSITION 1 JOHN A. BELEYNSE X COUNCIL POSITION 2 RICHARD L. WALDEMAR, SR. X COUNCIL POSITION 3 JAY VAN LANT X CITY OF NOOKSACK MAYOR 2 YR UN -EX 4 YR SH & 4 YR 4 YR 4 YR 4 YR 2 YR UN -EX 4 YR 4 YR 4 YR 4 YR 4 YR 4 YR 4 YR E. MAXINE JONE8 4 YR COUNCIL POSITION 1 JESS D. REEVES, SR. 4 YR COUNCIL POSITION 2 ROBERT (BOB) BONEBRAKE 4 YR COUNCIL POSITION 3 ANNE-MARIE GORTER 4 YR CITY OF SUMAS MAYOR ROBERT A. MITCHELL 4 YR COUNCIL POSITION 1 DONALD HAMMINGH 4 YR COUNCIL POSITION 2 GANDRA HARVEY 4 YR COUNCIL POSITION 4 GEORGE H. BOS 4 YR SCHOOL DISTRICT DIRECTORS (non -partisan) F FORM C FORMS TERM BB_LINGHAM S.D. 501 MARY SWENSON POS 4 X X 4 YR RUSSELL C. VANBURN POS 5 X X 4 YR FERNDALE S.D. 502 ROCKY HARTUNG DIST 4 X X SH & 4 YR NORMAN ROBERT8ON DIST 5 X X 4 YR BLAINE S.D. 503 JANICE F. BOYKIN DIST 3 X 4 YR WILLIAM MURPHY DIST 4 X 2 YR UN-c^ MICHAEL M. DODD DIST 5 X 4 YR LYNDEN S.D. 504 DALE BEDLINGTON POS 4 X X 4 YR BERNIE BOVENKAMP POS 5 X X 4 YR MERIDIAN S.D. 505 PATTY HOLZ DIST 2 X 4 YR SAMUAL HIGGINS DIST 3 X 4 YR HAROLD NIGHTINGALE DIST 4 X 2 YR UN -EX NO FEE NO FEE NO FEE NO FEE NO FEE NO FEE NO FILING FEE FOR SCHOOL DIS DIRECTORS NCIOKSACK S.D. 506 RANDALL WRIGHT I:) :I: ST I X J AME:.S BERG D I S..I.. :2 X MT. BAKER S.D. 507 R I CHARD C. FRUMBLY D I ST 1 X DENNIS VANDERYACHT I) I ST 4 X CONCRETE S.D. l i FILE IN SKAG I T COUNTY CEMETERY DISTRICT COMMISSIONERS CEMETERY DISTRICT NO I RHODES GALBRA 7:..f..H JIMMIE D. GALBRAITH CEMETERY DISTRICT NO 2 PHIL_IP K. STCUF'ER CEMETERY DISTRICT NO 3 GAYLE AHE RNS CEMETERY DISTRICT NO 4 ROBER V. E= RATZ.IG CEMETERY DISTRICT NO 5 LEO SYG I TOW I CZ CEMETERY DISTRICT NO 6 MARLIN ER I CKSON BE RN I CE.' POT"E LE CEMETERY DISTRICT NO i LE ONARD SUND CEMETERY DISTRICT NO 8 MARY MILLER JOHN C. BAKER, JR. CEMETERY DISTRICT NO 9 DALE CLINE VERMIN E. EDIN CEMETERY DISTRICT NO 1.0 ARC H I E= C . CRABTREE REE.. CEMETERY RY DISTRICT NO 11 FRANK STEI NER WILMA I.OUISF_ HOLZ 4 YR 4 YR 4 Y F-: 4 YR NO FILING FEwE:. FOR CEMETERY TERY DISTRICT COMMISSIONERS 6 YR 4 YR UN --EX 6 YR 6 YR 4 YR UN EX 6 YR 6 YR 6 YR 4 YR UN -EX 6 YR 4 YR UN -EX 6 YR F: HT & 6 YR 4 YR UN -EX 6 YR 4 YR UN -EX 6 YR TERM NO FILING F E. E F FORM C FORMS FIRE PROTECTION DISTRICT COMMISSIONERS FIRE DISTRICT NO 1 CHARLES (CHUCK) ROBINSON X FIRE DISTRICT NO 2 BRIAN LYDIARD X RONALD E. SWANSON X FIRE DISTRICT NO 3 RICHARD FRANCISCO X X FIRE DISTRICT NO 4 JIM AHRENS X PT. ROBERTS FIRE DISTRICT NO 5 PATRICK COLLING JOHN P. MYRDAL FIRE DISTRICT NO 6 ALAN H. RACE WILLIAM J. REEVE, JR. HAROLD AHLSTEDT, JR. FIRE DISTRICT NO 7 WESLEY JONASSON X FIRE DISTRICT NO 8 ROBER F. BUSWELL X FIRE DISTRICT NO 9 WINTON WEFER FIRE DISTRICT NO 10 BOB EKDAHL FIRE DISTRICT NO 11 WILLIAM K. (BILL) HAWLEY FIRE DISTRICT NO 13 BLAIR BEEBE X FIRE DISTRICT NO 14 HARLAN S. KELLEY X FIRE DISTRICT NO 15 MARTY TRECKER FIRE DISTRICT NO 16 BOB SIGUAW FIRE DISTRICT NO 17 HICHAEL BURNETT SH&6YR 4 YR UN -EX 6 YR 6 YR 6 YR 2 YR UN -EX 6 YR 2 YR UN -EX 4 YR UN -EX 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR SH & 6 YR 6 YR FIRE DIST. COM FIRE DISTRICT 18 PAUL ROBINSON 6 YR FIRE DISTRICT NO 19 STEVE SIEKKINEN 6 YR WATER DISTRICT COMMISSIONERS WATER DISTRICT NO 2 JOSEPH P. ROBERTS 6 YR PT. ROBERTS WATER DISTRICT NO 4 SYDNEY J. WALLACE 6 YR WATER DISTRICT NO 7 BILL SYGITOWICZ 6 YR BIRCH BAY WATER & SEWER DISTRICT WORKENTIN-RESIGNED POS 2 YR UN -EX JOHN8ON-RESIBNED POS 4 YR UN -EX F.H. HERB GISCHER 6 YR WATER DISTRICT NO 9 DAVE LEHMANN 2 YR UN -EX EDWARD R. ZOWADA 4 YR UN -EX JIM A. AHRENS SHT & 6 YR WATER DISTRICT NO 10 F FORM ROBERT J. WESTERHEID X 2 YR UN -EX ERIK UNGERN X 6 YR WATER DISTRICT NO 11 DELOY E. SMITH 4 YR UN -EX DID NOT FILE IN 87 VIRGINIA A. SMITH SHT & 6 YR DID NOT FILE IN 87 WATER DISTRICT NO 12 LAWRENCE W. ERICKSON 6 YR WATER DISTRICT NO 13 JOHN C. ISENHART 6 YR GLACIER WATER DISTRICT NO 14 ORLAND ESKOLA 6 YR WATER DISTRICT NO 16 GORDON POLINKUS 2 YR UN -EX AL BYNON 4 YR UN -EX LORRIE A. POLINKUS SHT & 6 YR PT ROBERTS PARK & REC #1 JOHN C. BAKER, JR. POS 3 FULL 4 YR JOHN MILLER POS 4 FULL 4 YR NORTHWEST PARK & REC #2 F FORM JUDITH L. DUN8TER POS 2 DON MONTFORT POS 4 FULL 4 YR FULL 4 YR 2 YR UN -EX ELECTERM PERSON NAMED IS PRESENT OFFICE HOLDER WHOSE TERM EXPIRES 12/31/89 OFFICE F-1 FORM C FORMS TERM FILING FEE ----------------------------------------------` PORT OF BELLINGHAM - ``-`-------------- DISTRICT NO 1 PETER ZUANICH X X 6 YR NO FEE WHATCOM COUNTY -GRENTY COUNCIL AT LARGE -1 TOM BURTON X X � YR -tbtMNFY COUNCIL DIST #1 POS A DAN WARNER X X 4 YR GGUNtY COUNCIL DIST #2 POS A C.J. CORKY JOHNSON X X 4 YR -&&JATY COUNCIL DIST #3 POS A WILL ROEHL X X 4 YR CITY OF BELLINGHAM COUNCIL AT LARGE LOUISE BJORNSON X X 2 YR COUNCIL WARD 2 FOSTER ROSE X X 4 YR COUNCIL WARD 4 MARK ASMUNDSON X X 4 YR COUNCIL WARD 6 TIP JOHNSON X X 4 YR CITY OF BLAINE COUNCIL AT LARGE POS 7 RICK ALEXANDER X 2 YR COUNCIL WARD 1 POS 2 �J yrz- WILLIAM L. DODD, JR. X YR COUNCIL WARD 2 POS 3 STEVEN H. DODD X 2 YR UN -EX COUNCIL WARD 2 POS 4 HAROLD KLEY X 4 YR COUNCIL WARD 3 POS 5 JANET HANSEN X 2 YR UN -EX COUNCIL WARD 3 POS 6 ALMA E. WAGNER x 4 YR CITY OF EVERSON MAYOR MATTHEW LAGERWAY SH & 4 YR COUNCIL POSITION 1 RONALD A. WALDO 4 YR COUNCIL POSITION 2 PHILLIP E. MULTOP 4 YR COUNCIL POSITION 3 EUGENE (CHUCK) WASSENAAR 4 YR COUNCIL POSITION 4 MARVIN BOTT 2 YR UN -EX CITY OF FERNDALE COUNCIL POSITION J GARY E. GIBBONS X 4 YR COUNCIL POSITION 2 JACK A. WILLIAMS X 4 YR COUNCIL POSITION 3 MADELYN H. WASLOHN X 4 YR CITY OF LYNDEN MAYOR EGBERT MAAS X 4 YR COUNCIL POSITION 1 JOHN A. GELEYNSE X 4 YR COUNCIL POSITION 2 RICHARD L. WALDEMAR, SR. X 4 YR COUNCIL POSITION 3 JAY VAN LANT X 4 YR CITY OF NOOKSACK MAYOR E. MAXINE JONES 4 YR COUNCIL POSITION I JE:Sw:S D. REEVES, SR. 4 YR COUNCIL_ POSITION 2 ROBE:RT (BOB) BONEDRAKE: 4 YR COUNCIL POSITION ANNE--MAR I E GORTER 4 YR CITY OF SUMAS MAYOR ROBERT A. M I TCHEL..L 4 YR COUNCIL POSITION DONALD HAMMINGH 4 YR COUNCIL. POSITION 2 SANDRA HARVEY 4 YR COUNCIL POSITION 4 GEORGE H. DOE 4 YR SCHOOL_ DISTRICT DIRECTORS (non -partisan) 1 FORM C FORMS TERM BE.LLINGHAM S.U. 501 fF- J MARY SWENSON POS ' X X 4 YR RUSSELL._ C. VANBURN PPS 5 X X 4 YR FERNDAL..E S.D. 50 ROCKY HARTUNG D I ST 4 X X SH & 4 YF:-. NORMAN ROBERTSON DIST 5 X X 4 YR BLAINE S.D. 503 JANICE F. BOYKIN DIST 3 X 4 YR WILLIAM MURPHY DIST 4 X 2 YR UN -EX MIL"HAEL M. DODD DIS'T 5 X 4 YR LYNDEN S.D. 504 DALE BEDL I NGTON POS 4 X X 4 YR BERNIE BOVENKAMP POS 5 X X 4 YR MERIDIAN S.D. 505 NO FEE NO FEE: NO FEE NO FE.E. NO FEE NO FEE �tiliVri NO f r�� .I L 110 FEE FOR SCHOOL.,. D I S DIRECTORS AUS%, FATTY HOLZ DI ST 2 X 4 YR SAMUAL_ H I GG I NS D I ST :. X 4 YR HAROL. D NIGHTINGALE D I S-F 4 X 2 YR UN -EX NOOKSACK S.D. 506 RANDALL WRIGHT DIST 1 X 4 YR J AMES BERG DIST X 4 YR MT. BAKER S.D. 507 RICHARD C. FROMBLY DIST 1 X 4 YR DENNIS VANDERYACHT DIST 4 X 4 YR CONCRETE S.D. 11 FILE IN SKAG I'T COUNTY NO FILING FEE FOR CEMETERY DISTRICT COMMISSIONERS CEMETERY DISTRICT COMMISSIONERS CEMETERY DISTRICT NO 1 RHODES GALBRA I TH 6 YR JIMMIE D. GALBRAI TH 4 YR UN -EX CEMETERY DISTRICT NO 2 PHIL.IP K. ;::3'TOUFER 6 YR CEMETERY DISTRICT NO DOUG AAMOT 6 YR GAYLE AHERNS 4 YR UN -EX CEMETERY DISTRICT NO 4 ROBERT V. K ATZIG 6 YR CEMETERY DISTRICT NO 5 LED SYGITGWICZ 6 YR CEMETERY DISTRICT NO 6 MARLIN ER I CKSON 6 YR BERN I CE POTTLE 4 YR UN -EX CEMETERY DISTRICT NO y L..E ONARD SUND 6 YR CEMETERY DISTRICT NO 8 MARY MILLER 4 YR UN -EX JOHN C. BAKER, JR. 6 YR CEMETERY DISTRICT NO 9 DALE CLINE BHT & 6 YR VERNON E. EDIN 4 YR UN -EX CEMETERY DISTRICT NO 10 y ARCH I E C. CRABTREE 6 YR CEMETERY DISTRICT NO 11 FRANK STE I NER 4 YR UN -EX WILMA LOUISE HOLZ 6 YR FIRE PROTECTION DISTRICT COMMISSIONERS FIRE DISTRICT NO I CHARLES (CHUCK) ROBINSON x FIRE:: DISTRICT NO BRIAN LYDIARD x RONALD E. SWANSON x FIRE: DISTRICT NO W, RICHARD FRANCISCO x x FIRE:' DISTRICT NO 4 JIM AHRENS x PT. ROBERTS FIRE DISTRICT NO 5 PATR I CK COLLINS JOHN P. MYRDAL FIRE DISTRICT NO 6 ALAN H. RACE:i. WILLIAM J. REEVE, JR. HAROLD AHLSTEDI, OR. FIRE DISTRICT NO 7 WESLEY JONASSON x FIRE DISTRICT NO €3 ROGER F. BUSWELL x FIRE DISTRICT NO 9 WINTON WEFER Ix 1 FIRE DISTRICT NO 10 BOB EKDAHL FIRE DISTRICT NO 11 WILLIAM K. (BILL) HAWLEY FIFE DISTRICT NO 13 NLAIR BEEBE x FIRE DISTRICT NO 14 r HARLAN S. KE.LL.EY x FIRE DISTRICT NO �IJ 15 MARTY TRECKE:R a� FIRE DISTRICT NO 16 BOB SI6UAW FIFE DISTRICT NO 17 MICHAEL BURNETT C Fo �s No r-e O, Cw-"S$`or`�rS SH & 6 YR 4 YR UN -EX 6 YR 6 YR 6 YR 2 YR UN -Ex 6 YR 2 YR UN -EX 4 YR UN --EX 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR 6 YR HH & 6 YR' SH & ifa: YR FIRE DISTRICT 18 PAUL ROBINSON FIRE DISTRICT NO 19 STEVE SIEKKINEN WATER DISTRICT COMMISSIONERS WATER DISTRICT NO 2 JOSEPH P. ROBERTS PT. ROBERTS WATER DISTRICT NO 4 SYDNEY J. WALLACE WATER DISTRICT NO 7 BILL SYGITOWICZ BIRCH BAY WATER & SEWER DISTRICT WORKENTIN-RESIGNED POS JOHNSON-RESIGNED POS F.H. HERB GISCHER WATER DISTRICT NO 9 DAVE LEHMANN EDWARD R. ZOWADA JIM A. AHRENG WATER DISTRICT NO 10 ROBERT J. WE8TERHEID ERIK UNGERN WATER DISTRICT NO 11 DELOY E. SMITH DID NOT FILE IN 87 VIRGINIA A. SMITH DID NOT FILE IN 87 WATER DISTRICT NO 12 LAWRENCE W. ERICKSON WATER DISTRICT NO 13 JOHN C. ISENHART GLACIER WATER DISTRICT NO 14 ORLAND ESKOLA WATER DISTRICT NO 16 GORDON POLINKUS AL BYNON LORRIE A. POLINKUS PT ROBERTS PARK & REC #1 JOHN C. BAKER, JR. POS 3 JOHN MILLER POS 4 6 YR 6 YR 6 YR 6 YR 6 YR 2 YR UN -EX 4 YR UN -EX 6 YR 2 YR UN -EX 4 YR UN -EX BHT & 6 YR 2 YR UN -EX 6 YR 4 YR UN -EX BHT & 6 YR 6 YR 6 YR 6 YR 2 YR UN -EX 4 YR UN -EX BHT & 6 YR FULL 4 YR FULL 4 YR COMMISSIONERS Harold S. Ogmundson F. H. (Herb) Gischer George I. Workentin DISTRICT MANAGER D. P. (Pat) Sizemore Birch Bay Water District No. 8 Serving the Greater Birch Bay Area 4895 BIRCH BAY-LYNDEN ROAD BLAINE, WASHINGTON U.S.A. 98230-9616 I v�fiR �tStQ`�•t area code 206 telephone 371-7100 September 11, 1987 CP Whatcom County Auditor " j Whatcom County Courthouse. r Bellingham, Washington 98225 ATTN: Elections Department ' RE: Submission of Merger Question to Voters 1 Whatcom County Water District No. 6 Whatcom County Auditor: The attached Resolution No. 78 of Whatcom County Water District No. 6 (dated August 19, 1987) for the purpose of merging with Birch Bay Water District No. 8, Resolution No. 445 of Birch Bay Water District No. 8 (August 27, 1987) regarding merger with Whatcom County Water District No. 6, Resolution No. 79 of Whatcom County Water District No. 6 (September 10, 1987) approving the merger contract between Birch Bay Water District No. 8 and Whatcom County Water District No. 6, Resolu- tion No. 447 of Birch Bay Water District No. 8 (September 10, 1987) approving the merger contract between Whatcom County Water District No. 6 and Birch Bay Water District No. 8, and the Merger Agreement (Contract) (September 10, 1987) is hereby certified to the Whatcom County Auditor per RCW 57.36 for the purpose of submitting to the voters of the merging district (Whatcom County Water District No. 6) the proposition of whether the merging district (Whatcom County Water District No. 6) shall be merged into the merger district (Birch Bay Water District No. 8). Please contact this office if any further information is required. BIRCH BAY WATER DITRICT NO. 8 0 .11 P. ZEMOR , istri.ct Manager C.C. What-com County Council Washington State Department of Social & Health Services Washington State Department of Ecology Whatcom County Executive 5 Attachments POTABLE WATER / SANITARY SEWER • MAIN OFFICE 4 MILES WEST OF 1-5 EXIT 270 WATER DISTRICT NO. 6 OF WHATCOM COUNTY, WASHINGTON RESOLUTION N0. 78 A RESOLUTION OF -THE BOARD OF,WATER C014MISSIONERS of Water Dist. #6 of Whatcom County, Washington, for the purpose of merging with Birch Bay Water Dist, #8 of Whatcom County, tdashington 'IRMEAS, Chapter 57.36 of the Revised Code of 4ashington, entitled Merger of Districts enables a merger of two water districts which are adjoininZ. g or in close proximity and in the same county as each other, and; WHEREAS, both Water District #6 and Birch Bay Water District No. 8 are located in Whatcom County, Washington, and are adjoining one another; and, ViHEREAS, the Board of Commissioners of Water District #6 of Whatcom County, Washington desire to initiate a merger by resolution in accordance with Section 57.36.010 of the Revised Code cf Washington; and, WHEREAS, the Board of Commissioners of 'later District #6 of lrhatcom County, WashinCD gton has determined that such a merger of both districts is conducive to the public health, welfare and convenience and of special benefit to the lands of both districts; NOW , THL;REFORE, BE IT RESOLVED by the Commissioners of Water District #6 of Whatcom County, Washington that a merger with Birch Bay Water District #8 of Whatcom County, Washington be initiated, in which Water District No; 6 is the merging district and Birch Bay *water District No. 8 is the surviving; merger district as defined ih Section 57.36.010 of the Revised Code of rdashington. P SiSI D BY THE BOARD OF CODd-MISSIONERS OF vIATER DIST. #6 of Whatcom County, lashington, at it's regular meeting held on August 194 1987. r►TTEST : S1 CXL- T.U1Y A14D COt,uSi Secretary o r x� r: � ,v a NORTHWEST PARK & REC #2 JUDITH L. DUNSTER POS 2 X FULL 4 YR DON MONTFORT POS 4~-z-'] X FULL 4 YR JEFF RUSS POS 5 ----Or ��J 2 YR UN -EX ~'� . e �, 5T47,F 11 SECRECY z C S cf S ' S '+ J• o� `Jti 1 Ralph Munro March 27, 1989 The Honorable Shirley Forslof Whatcom County Auditor 311 Grand Avenue Bellingham, WA 98225 Dear Shirley: Legislative Building . MS: AS-22 Olympia, Washington 98504-9000 (206) 753-7121 DAVID S. IVIC EACHRAN Prosecuting Attorney MAR N 9 jagn Whatcom County Bellingham, Wash. This is in response to your recent telephone call regarding the proper construction to be given to RCW 57.36.040. I should, of course, preface my remarks by telling you that we are not empowered to offer legal advice, nor do we desire to do so. We are pleased, however, to share with you our understanding of what a particular statute might mean. For discussion purposes, let us assume that the Merger District has three Commissioners, and their terms are as follows: Position A - position Position B - position Position C - position to be voted upon in 1989 to be voted upon in 1991 to be voted upon in 1993 Let us also assume that the Merging District also has three Commissioners, and their terms are as follows: Position X - position to be voted upon in 1989 Position Y - position to be voted upon in 1991 Position Z - position to be voted upon in 1993 Finally, let us assume that the positions designated B and C are currently vacant. It seems clear to us, from reading RCW 57.36.040, that positions X,Y, and Z are to be phased out over the next three water district elections, or sooner should any of the three incumbents resign. Therefore, the new water district is ultimately to be left with 3 positions. As the statute makes no reference to the �H r ;� VOTE! Celebrate Washington's Heritage -- Shape Our Future positions of the Merger District being eliminated, we think the correct interpretation is that positions A,B, and C are to remain. If in fact positions B and C are currently vacant, then it seems clear to us from RCW 57.12.020 that appointments should be made and the appointees should serve until the November, 1989, General election (the "...next regular election for commissioners"). We also believe that the following is the correct interpretation to be given to the remainder of RCW 57.36.040: 1. The 1989 General election is the "...district election receding the time when the total number of water Commissioners is reduced to two...". The only way this makes sense is to assume that the statute is referring -to the Merging district commissioners being reduced to two. 2. At the November, 1989, General Election, Position A is on the ballot for a 4 year term. At the same election, position B is on the ballot for a 2 year unexpired term and position C is on the ballot for a 4 year unexpired term. 3. At the November, 1991 General election, Position B is elected to a 4 year term. 4. At the November, 1993 General election, Position C is elected to a 4 year term and position A, who was elected to a 4 year term in 1989, is elected to a 6 year term. Thereafter, all positions are elected to 6 year terms. 5. Position X ceases to exist following the 1989 election, position Y after the 1991 election, and position Z after the 1993 election. The second question you asked - that is, who is responsible for ensuring that the correct positions are voted upon- is an interesting one. RCW 29.27.010 requires the governing body of each city, town, and district to certify to the county auditor the positions to be voted upon. The question as to whether or not the county is obligated to accept filings only for those positions certified is not addressed by statute. obviously it is not hard to envision a situation where a city, town, or district provided information that was clearly not correct. It seems to us that the County Auditor, as the County's chief elections officer, has a responsibility in those instances to take the action that he or she determines to be correct irrespective of the information provided by the city, town or district. I think you have acted correctly by consulting the Prosecuting Attorney's Office regarding this matter, and we would certainly recommend that you adopt whatever course of action they advise. I hope the foregoing has been of some assistance to you. Sincerely, John J. Pearson Assistant Director of Elections - cc Jim Johnson, Office of the Attorney General RESOLUTION NO. 445 A RESOLUTION OF BIRCH BAY WATER DISTRICT NO. 8 REGARDING MERGER WITH WHATCOM COUNTY WATER DISTRICT NO. 6. WHEREAS, the Commissioners of Whatcom County Water District No. 6 have approached Birch Bay Water District No. 8 about possible merger with Birch Bay Water District No. 8; and WHEREAS, the Commissioners of Birch Bay Water District No. 8, having made a preliminary investigation of such a merger, believe that merger of Whatcom County Water District No. 6 into Birch Bay Water District No. 8 would be in the best interest of the customers and land- owners of both districts; NOW, THEREFORE, be it resolved by the Commissioners of Birch Bay Water District No. 8 as follows: 1. The merger of Whatcom County Water District No. 6 into Birch Bay Water District No. 8 will be conducive to the public health, welfare and convenience of the property owners and water users of both districts. 2. The merger of Whatcom County Water District No. 6 into Birch Bay Water District No. 8 will be of special benefit to the lands within the boundaries of both districts. 3. Birch Bay Water District No. 8 will enter into negotiations immediately to enter into an agreement providing for this merger. ADOPTED at a regular meeting of the Board of Commissioners of Birch Bay Water District No. 8, held the :;z7711 day of August, 1987. COMM R CESSION R f� THIS IS TO CERTIFY THAT the above is a true and correct copy of Resolution No. 445 of the Board of Commissioners of Birch Bay Water District No. 85 Whatcom County, Washington, adopted at a regular meeting thereof on the -;Z 77i day of August, 1987. SE-CRETAR c'n SIMONARSON. VISSER. ZENDER. BRANDT. & THURSTON ATTORNEYS AT LAW POST OFFICE BOX 631 POST OFFICE BOX 5226 LYNDEN. WASHINGTON 96264 BELLINGHAM WABHINGTON 96227 42061 364•+A94 12061 647-1500 RESOLUTION NO.. -7q A RESOLUTION OF WHATCOM COUNTY WATER DISTRICT NO. 6 APPROVING THE MERGER CONTRACT BETWEEN BIRCH BAY WATER DISTRICT NO. 8 FND WHATC014 COUNNTY WATER DISTRICT NO. 6 WHEREAS, the Commissioners of Birch Dav Water DiStrict No. 8 and Nhatcom County Water District No. 6 have both passed resolutions of intent to merge; and WHEREAS, the Commissioners of both Districts have met and agreed to a merger contract; NOW, THEREFORE, be it resolved by the Commissioners of Whatcom County Water District No. 6 as follows: 1. The contract of merger of Birch Bay Water District No. 8 into Whatcom County Water District 110. 6, dated September 1.0, 1987, is here- by approved. 2. The Commissioners of Whatcom County Water District No. 6 are hereby authorized to sign said merger agreement. ADOPTED at a regular meeting of the Board of Commissioners of 4Eaatcom County Water District No. 6, held the loth day of September, 1997. COMMISSIONER THIS IS TO CERTIFY that the above is a true and correct copy of Resolution No. of the Board of Commissioners of Whatcom County Water District No. 6, Whatcom County, Washington, adopted at a regular meeting thereof on the loth day of September, 1987. SECRETARY �< m CD J o- 7n Nj N3 rn to RESOLUTION NO. 447 A RESOLUTION OF BIRCH BAY WATER DISTRICT NO. 8 APPROVING THE MERGER CONTRACT BETWEEN WHATCOM COUNTY WATER DISTRICT NO. 6 AND BIRCH BAY WATER DISTRICT NO. 8. WHEREAS, the Commissioners of Whatcom County Water District No. 6 and Birch Bay Water District No. 8 have both passed resolutions of in- tent to merge; and WHEREAS, the Commissioners of both Districts have met and agreed to a merger contract; NOW, Tt1EREFORE, be it resolved by the Commissioners of Birch Bay Water District No. 8 as follows: 1. The contract of merger of Whatcom County Water District No. G into Birch Bay Water District No. 8, dated September 10, 1987, is hereby approved. ?. The Commissioners of Birch Bay Water District No. 8 are here- by authorized to sign said merger agreement. ADOPTED at a regular meeting of the Board of Commissioners of Birch Bay Water District No 8, held the 16th day of September, 1987. 90MMISSIONER•• COMMIS NER COMMISSION THIS IS TO CERTIFY that the above is a true and correct copy of Resolution No. 447 of the Board of Commissioners of Birch Bay Water District No. 8, Whatcom County, Washington, adopted at a regular meeting thereof on the 10th day of September, 1987. 7K SECRETARY cn � `n �y r .1 c N SIMONARSON. VISSER. ZENDER. BRANDT. & THURSTON ATTORNEYS AT LAW POST OFFICE SOX 631 POST OFFICE BOX 5226 LYNDEN WASHINGTON 94264 BELLINGHAM WASHINGTON 90227 12061 354-4494 120FI1 647-1500 MERGER AGREEMENT THIS AGREEMENT is entered into between BIRCH BAY WATER DISTRICT NO. 8, Whatcom County, Washington, and WHATCOM COUNTY WATER DISTRICT NO. 6, Whatcom County, Washington, both municipal corporations of the State of Washington, in accordance with the provisions of RCW 57.36. R E C I T A L S 1. Birch Bay Water District No. 8 and Whatcom County Water District No. 6 have contiguous boundaries; both are located entirely within Whatcom County and are located near Birch Bay in said county. The Districts have a common border. 2. RCW 57.36 (Merger of Districts) provides that a merger of two water districts may be initiated whenever the Boards of Commissioners of both such Districts determine by Resolution that the merger of such Districts shall be conducive to the public health, welfare, and convenience of the Districts and shall be of special benefit to the lands and customers of both Districts. 3. The Boards of Commissioners have consulted with their respective engineers, and with their attorneys, and have been advised that a merger of the Districts would be beneficial to both Districts; would increase the convenience of the customers served, and in general would be conducive to the public health, welfare and convenience of customers of both Districts, and will be of special benefit to the lands within the boundaries of the same. 4. Whatcom County Water District No. 6 is a small district with about 70 customers. Its water source does not appear at this time to be adequate for future development. Birch Bay Water District No. 8 is a large district with thousands of customers. It has a water purchase contract with the City of Blaine which is adequate for the future needs of the merged district. 5. The Board of Commissioners of each District has been fully advised with respect to the financial condition of the other District, and each District has provided the other with a list of all known assets and liabilities. 6. The Boards of Commissioners of both Districts have determined that full disclosure of the assets and liabilities of each District has been made. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. PURPOSE. The purpose of this agreement is to provide the terms of merger of the two above -named water districts as provided in RCW Chapter 57.36. Whatcom County Water District No. 6 shall be the "MERGING SIMONARSON, VISSER, ZENDER & THURSTON 1610 Grover Street Post Office Box 631 Lynden, Washington 98264 DISTRICT" and shall merge into Birch Bay Water District No. 8, which shall be the "MERGER DISTRICT." The two Districts, as merged shall survive under the name of Birch Bay Water District No. 8, which will also be referred to as the "MERGED DISTRICT." 2. BENEFITS OF MERGER. The merger will result in a financial savings to both Districts, and increase convenience to the customers served. In general terms,the merger will be conducive to the public health, welfare and convenience of the inhabitants of the merging Water District and the merger Water District and will be of special benefit to the lands within the boundaries of both. This would result in the more efficient use of commonly owned equipment, would require fewer personnel and would provide 24 hour maintenance service for emergencies; more water availability for residents of the merging District and a stronger financial position for the merged District. 3. EFFECTIVE DATE. As provided in RCW Chapter 57.36.030 and RCW Chapter 57.36.040, the merger will not be effective until the merger proposition has been approved by a majority of the voters of the merging District, until the election has been certified in the manner provided by law, and all necessary approvals, including the Whatcom County Boundary Review Board and Whatcom County Council have been received. The merger will be effective on the day following the day that the last of the necessary approvals is final. 4. MERGER PROCEDURE. Both Districts acknowledge that in addition to the approval of the merger by a majority of the voters in the merging District, this merger proposal is subject to the approval of the Whatcom County Boundary Review Board (RCW Chapter 36.93) and the Whatcom County Council (RCW Chapter 57.02); copies of this agreement and certified copies of the Resolution of the Board of Commissioners of both water districts shall be delivered to the Whatcom County Boundary Review Board together with an appropriate notice of intent to merge, and copies of said docu- ments shall be delivered to the Whatcom County Council and Executive, Washington State Department of Ecology, and the Washington State Department of Social and Health Services. Due to the time constraints involved, this matter is to be submitted to the Whatcom County Boundary Review Board and the Whatcom County Council and at the same time submitted to the Whatcom County Auditor for special election, and the matter of the approval or disapproval of the proposed merger shall be submitted to the voters of Whatcom County Water District No. 6, the merging District. 5. COSTS OF MERGER. If, for any reason, the merger shall not become effective, the cost of the proceedings, including the ,.�xpelise of the election and piOfessional fees, sha 1 1 be :shared Page 2 equally between the two water districts. If the merger becomes effective, the cost shall be paid by the new merged District. 6. BOND COVENANTS. To the extent that either of the above existing Water Districts are presently or will be obligated to pay the principal and interest of revenue bonds outstanding at the date of the contemplated merger, the merged Water District shall be bound to perform all of the covenants of such outstanding bonds. Nothing in this agreement or in the contemplated merger shall be construed to limit in any way the rights of the present or future holders of such bonds. In particular, the new merged Water District shall pay into the respective revenue bond funds now established for the purpose of amortizing the principal and interest due thereon, in such amounts and at such times as may be required by the respective bond covenants. 7. VESTING OF FUNDS AND PROPERTY IN MERGED DISTRICT. All funds and property, real and personal, of Whatcom County Water District No. 6, the merging District, shall vest in and become the property of the merged District. Any outstanding indebtedness of any form owed by the Districts shall become the obligation of the entire merged district, and it shall be the obligation of the Board of Commissioners of the merged Water District to make such levies, assessments or charges for service as shall be required to pay off such indebtedness at maturity. The merged Water District shall be bound by the obligations and shall be entitled to the benefits of all contracts of the now two existing Water Districts outstanding on the date of final merger approval. 8. COMPREHENSIVE PLAN. On the effective date of the merger, the Comprehensive Plans of Birch Bay Water District No. 8 and Whatcom County Water District No. 6 shall become the Com- prehensive Plan for the merged Water District. A Comprehensive Plan for the merged Water District may be'amended from time to time to provide for additions or betterments to the water dis- tribution systems of the merged Water District in the manner provided by law. 9. GENERAL OBLIGATIONS. (a) Whatcom County Water District No. 6 has no outstanding bond obligations. Its only debt, other than current accounts payable of less than $500 per month is an outstanding loan with the U.S. Farm Home Administration (FmHA) with a current balance due of TWENTY-ONE THOUSAND DOLLARS ($21,000.00) plus interest at five percent (58) from July 1, 1987. Semi annual payments of $400.00 plus accrued interest are due on said loan. The parties recognize that FmHA may require that said loan be paid early because of the merger. If that occurs, it will be paid by the merged district on demand. Otherwise the merged district will make the payment on it when due. (b) Birch Bay WaLc:r DisLricL No. 8 water bonds have boon Page 3 totally defeased so that all funds necessary to pay them are irrevocably set aside for payment. The customers and property owners in Whatcom County Water District No. 6 will not be obliga- ted on the sewer bonds of Birch Bay Water District No. 8, as no sewer service is now provided in their area. All bond payments for sewer bonds will be made from sewer revenues or from ULID assessments made for sewer improvements. 10. EMPLOYEES. Whatcom County Water District No. 6 has only one part time employee. It is not anticipated that she will be hired by the merged district, except that she may be hired tem- porarily to assist in merger related issues to help accomplish a smooth transition. 11. CUSTOMER RELATIONS. Customers of the respective districts shall be notified of this proposed merger agreement as soon as reasonably practical after its execution. 12. RULES, REGULATIONS AND POLICIES. The rules, regulations and policies of each District shall remain in full force and effect until this merger agreement is approved, election is certified, and merger effective. Upon approval of the majority of the voters in the merging District and certification of the election results, the rules, regulations and policies of the merging District shall cease to exist and the rules, regulations and policies of the merged District shall remain in full force and effect until otherwise repealed or amended by the Board of Commissioners of the new merged District, except for rates and charges resolutions as specified in the succeeding paragraph. 13. RATES AND CHARGES. Existing rates and charges for services in the present boundaries of Whatcom County Water District No. 6 shall remain until at least twelve (12) months after the effective date of the merger, when they may be revised by commissioners of merged District. If the merger is approved by the voters of Whatcom County Water District No. 6, billing for customers of Whatcom County Water District No. 6 will be done by Birch Bay Water District No. 8 beginning with the quarterly billing which would be mailed in January, 1988. Customers of the merging district would be billed every two months thereafter, at least until the commissioners of the merged district are allowed to revise water rates to the customers of the merging district, provided that such revised rates shall not exceed those charged to other Water District No. 8 customers. All funds received for water bills from customers of the merging district will remain the assets of the merging district until the merger is final. 14. PREPAID WATER SERVICES AND HOOKUP CHARGES. On the effective date of the merger, hookup charges shall be charged according to the resolution of Birch Bay Water District No. 8, except as follows: (a) The following persons have pre -paid for one water hookup Page 4 for lots they now own in the Easterly Haven plat: Walter M. Lathy Allen McInnis Kathy Ahrens Ramona Cannon They will not be charged meter fees. They will upon hookup, be charged only the then current connection fee which is currently $80.00 per residential equivalency. (b) Property which was assessed in Whatcom County Water District No. 6 ULID #1 will not be charged water general facili- ties charges upon connection to the water system. 15. COMPOSITION OF BOARD OF DIRECTORS OF MERGED DISTRICT. It is agreed by and between Birch Bay Water District No. 8 and Whatcom County Water District No. 6 that the Board of Commis- sioners shall be the joint Board of Commissioners of the two water districts. Their numbers shall be reduced to three in accordance with the provisions of RCW 57.36.040. 16. STATE AUDITS. It is anticipated that the State Auditor may perform a final audit of the books of Whatcom County Water District No. 6 following completion of the merger for the time following January 1, 1986. The expense of such audit shall be borne by the merged district. 17. WATER QUALITY AND QUANTITY. The merged district will take adequate precautions to assume that the Federal Clean Water Act Standards are met in the area of the merging district and to ensure that the customers of the merging district receive an adequate supply of water. This will include making application to the City of Blaine for water service on an emergency basis and making the necessary temporary hookup between the water lines of the City of Blaine and of the merging district. DATED this /off day of September, 1987. Approved by Resolution No. 447 of the Board of Commissioners of Birch Bay Water District No. 8, Whatcom County, Washington, adopted on the loth day of September, 1987, and Approved by Resolution No. %Y of the Board of Commis- sioners of Whatcom County Water District No. 6, Whatcom County, Washington, adopted on the loth day of September, 1987, and BIRCH BAY WATER DISTRICT NO. 8 Commissioner Lommiss loner WHATCOM COUNTY WATER DISTRICT NO. 6 f5� lii / Com-iis!E�-iorier ' fi-&—,J• Commissiofi Commissioner Commissioner Page 5 MERGER AGREEMENT THIS AGREEMENT is entered into between BIRCH BAY WATER DISTRICT NO. 8, Whatcom County, Washington, and WHATCOM COUNTY WATER DISTRICT NO. 6, Whatcom County, Washington, both municipal corporations of the State of Washington, in accordance with the provisions of RCW 57.36. R E C I T A L S 1. Birch Bay Water District No. 8 and Whatcom County Water District No. 6 have contiguous boundaries; both are located entirely within Whatcom County and are located near Birch Bay in said county. The Districts have a common border. 2. RCW 57.36 (Merger of Districts) provides that a merger of two water districts may be initiated whenever the Boards of Commissioners of both such Districts determine by Resolution that the merger of such Districts shall be conducive to the public health, welfare, and convenience of the Districts and shall be of special benefit to the lands and customers of both Districts. 3. The Boards of Commissioners have consulted with their respective engineers, and with their attorneys, and have been advised that a merger of the Districts would be beneficial to both Districts; would increase the convenience of the customers served, and in general would be conducive to the public health, welfare and convenience of customers of both Districts, and will be of special benefit to the lands within the boundaries of the same. 4. Whatcom County Water District No. 6 is a small district with about 70 customers. Its water source does not appear at this time to be adequate for future development. Birch Bay Water District No. 8 is a large district with thousands of customers. It has a water purchase contract with the City of Blaine which is adequate for the future needs of the merged district. 5. The Board of Commissioners of each District has been fully advised with respect to the financial condition of the other District, and each District has provided the other with a list of all known assets and liabilities. 6. The Boards of Commissioners of both Districts have determined that full disclosure of the assets and liabilities of each District has been made. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. PURPOSE. The purpose of this agreement is to provide the terms of merger of the two above -named water districts as provided in RCW Chapter 57.36. Whatcom County Water District No. 6 shall be the "MERGING SIMONARSON, VISSER, ZENDER & THURSTON 1610 Grover Street Post Office Box 631 Lynden, Washington 98264 DISTRICT" and shall merge into Birch Bay Water District No. 8, which shall be the "MERGER DISTRICT." The two Districts, as merged shall survive under the name of Birch Bay Water District No. 8, which will also be referred to as the "MERGED DISTRICT." 2. BENEFITS OF MERGER. The merger will result in a financial savings to both Districts, and increase convenience to the customers served. In general terms,the merger will be conducive to the public health, welfare and convenience of the inhabitants of the merging Water District and the merger Water District and will be of special benefit to the lands within the boundaries of both. This would result in the more efficient use of commonly owned equipment, would require fewer personnel and would provide 24 hour maintenance service for emergencies; more water availability for residents of the merging District and a stronger financial position for the merged District. 3. EFFECTIVE DATE. As provided in RCW Chapter 57.36.030 and RCW Chapter 57.36.040, the merger will not be effective until the merger proposition has been approved by a majority of the voters of the merging District, until the election has been certified in the manner provided by law, and all necessary approvals, including the Whatcom County Boundary Review Board and Whatcom County Council have been received. The merger will be effective on the day following the day that the last of the necessary approvals is final. 4. MERGER PROCEDURE. Both Districts acknowledge that in addition to the approval of the merger by a majority of the voters in the merging District, this merger proposal is subject to the approval of the Whatcom County Boundary Review Board (RCW Chapter 36.93) and the Whatcom County Council (RCW Chapter 57.02); copies of this agreement and certified copies of the Resolution of the Board of Commissioners of both water districts shall be delivered to the Whatcom County Boundary Review Board together with an appropriate notice of intent to merge, and copies of said docu- ments shall be delivered to the Whatcom County Council and Executive, Washington State Department of Ecology, and the Washington State Department of Social and Health Services. Due to the time constraints involved, this matter is to be submitted to the Whatcom County Boundary Review Board and the Whatcom County Council and at the same time submitted to the Whatcom County Auditor for special election, and the matter of the approval or disapproval of the proposed merger shall be submitted to the voters of Whatcom County Water District No. 6, the merging District. 5. COSTS OF MERGER. If, for any reason, the merger shall not become effective, the cost of the proceedings, including the (rxhense Of the eleel i011 Mid pLoiessional fees, sha I 1 be shared Page 2 equally between the two water districts. If the merger becomes effective, the cost shall be paid by the new merged District. 6. BOND COVENANTS. To the extent that either of the above existing Water Districts are presently or will be obligated to pay the principal and interest of revenue bonds outstanding at the date of the contemplated merger, the merged Water District shall be bound to perform all of the covenants of such outstanding bonds. Nothing in this agreement or in the contemplated merger shall be construed to limit in any way the rights of the present or future holders of such bonds. In particular, the new merged Water District shall pay into the respective revenue -bond funds now established for the purpose of amortizing the principal and interest due thereon, in such amounts and at such times as may ,be required by the respective bond covenants. 7. VESTING OF FUNDS AND PROPERTY IN MERGED DISTRICT. All funds and property, real and personal, of Whatcom County Water District No. 6, the merging District, shall vest in and become the property of the merged District. Any outstanding indebtedness of any form owed by the Districts shall become the obligation of the entire merged district, and it shall be the obligation of the Board of Commissioners of the merged Water District to make such levies, assessments or charges for service as shall be required to pay off such indebtedness at maturity. The merged Water District shall be bound by the obligations and shall be entitled to the benefits of all contracts of the now two existing Water Districts outstanding on the date of final merger approval. 8. COMPREHENSIVE PLAN. On the effective date of the merger, the Comprehensive Plans of Birch Bay Water District No. 8 and Whatcom County Water District No. 6 shall become the Com- prehensive Plan for the merged Water District. A Comprehensive Plan for the merged Water District may be'amended from time to time to provide for additions or betterments to the water dis- tribution systems of the merged Water District in the manner provided by law. 9. GENERAL OBLIGATIONS. (a) Whatcom County Water District No. 6 has no outstanding bond obligations. Its only debt, other than current accounts payable of less than $500 per month is an outstanding loan with the U.S. Farm Home Administration (FmHA) with a current balance due of TWENTY-ONE THOUSAND DOLLARS ($21,000.00) plus interest at five percent (5%) from July 1, 1987. Semi annual payments of $400.00 plus accrued interest are due on said loan. The parties recognize that FmHA may require that said loan be paid early because of the merger. If that occurs, it will be paid by the merged district on demand. Otherwise the merged district will make the payment on it when due. (b) Birch Bay Water District_ No. 8 water bonds have been Page 3 totally defeased so that all funds necessary to pay them are irrevocably set aside for payment. The customers and property owners in Whatcom County Water District No. 6 will not be obliga- ted on the sewer bonds of Birch Bay Water District No. 8, as no sewer service is now provided in their area. All bond payments for sewer bonds will be made from sewer revenues or from ULID assessments made for sewer improvements. 10. EMPLOYEES. Whatcom County Water District No. 6 has only one part time employee. It is not anticipated that she will be hired by the merged district, except that she may be hired tem- porarily to assist in merger related issues to help accomplish a smooth transition. 11. CUSTOMER RELATIONS. Customers of the respective districts shall be notified of this proposed merger agreement as soon as reasonably practical after its execution. 12. RULES, REGULATIONS AND POLICIES. The rules, regulations and policies of each District shall remain in full force and effect until this merger agreement is approved, election is certified, and merger effective. Upon approval of the majority of the voters in the merging District and certification of the election results, the rules, regulations and policies of the merging District shall cease to exist and the rules, regulations and policies of the merged District shall remain in full force and effect until otherwise repealed or amended by the Board of Commissioners of the new merged District, except for rates and charges resolutions as specified in the succeeding paragraph. 13. RATES AND CHARGES. Existing rates and charges for services in the present boundaries of Whatcom County Water District No. 6 shall remain until at least twelve (12) months after the effective date of the merger, when they may be revised by commissioners of merged District. If the merger is approved by the voters of Whatcom County Water District No. 6, billing for customers of Whatcom County Water District No. 6 will be done by Birch Bay Water District No. 8 beginning with the quarterly billing which would be mailed in January, 1988. Customers of the merging district would be billed every two months thereafter, at least until the commissioners of the merged district are allowed to revise water rates to the customers of the merging district, provided that such revised rates shall not exceed those charged to other Water District No. 8 customers. All funds received for water bills from customers of the merging district will remain the assets of the merging district until the merger is final. 14. PREPAID WATER SERVICES AND HOOKUP CHARGES. On the effective date of the merger, hookup charges shall be charged according to the resolution of Birch Bay Water District No. 81 except as follows: (a) The following persons have pre -paid for one water hookup Page 4 for lots they now own in the Easterly Haven plat: Walter M. Lathy Allen McInnis Kathy Ahrens Ramona Cannon They will not be charged meter fees. They will upon hookup, be charged only the then current connection fee which is currently $80.00 per residential equivalency. (b) Property which was assessed in Whatcom County Water District No. 6 ULID #1 will not be charged water general facili- ties charges upon connection to the water system. 15. COMPOSITION OF BOARD OF DIRECTORS OF MERGED DISTRICT. It is agreed by and between Birch Bay Water District No. 8 and Whatcom County Water District No. 6 that the Board of Commis- sioners shall be the joint Board of Commissioners of the two water districts. Their numbers shall be reduced to three in accordance with the provisions of RCW 57.36.040. 16. STATE AUDITS. It is anticipated that the State Auditor may perform a final audit of the books of Whatcom County Water District No. 6 following completion of the merger for the time following January 1, 1986. The expense of such audit shall be borne by the merged district. 17. WATER QUALITY AND QUANTITY. The merged district will take adequate precautions to assume that the Federal Clean Water Act Standards are met in the area of the merging district and to ensure that the customers of the merging district receive an adequate supply of water. This will include making application to the City of Blaine for water service on an emergency basis and making the necessary temporary hookup between the water lines of the City of Blaine and of the merging district. DATED this 10,71% day of September, 1987. Approved by Resolution No. 447 of the Board of Commissioners of Birch Bay Water District No. 8, Whatcom County, Washington, adopted on the loth day of September, 1987, and Approved by Resolution No. Z of the Board of Commis- sioners of Whatcom County Water District No. 6, Whatcom County, Washington, adopted on the loth day of September, 1987, and BIRCH BAY WATER DISTRICT NO. 8 Commissioner uommxssioner Cl Commissioner WHATCOM COUNTY WATER DISTRICT NO. 6 � G CoART s loner Commissio�S Commissioner Page 5 THIS IS TO CERTIFY THAT the above is a true and correct copy of the Merger Agreement entered into by the Board of Commissioners of Birch Bay Water District No. 8 and Whatcom County Water District No. 6, Whatcom County, Washington, on the 14th day of September, 1987. COMMISSIONER 9ERB G SCHER BIRCH BAY WATER DISTRICT NO. 8 c COMMISS ONER DARWI R S WHATCOM COUNTY WATER DISTRICT NO. 6 c� r_ PAGE 6