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HomeMy WebLinkAbout2015 - City of Nooksack to Annex into Fire Protection District 1 Special Electon Feb 10,2015Qo o c �. in 0 2 c CD m 0 o' m 'o N m m co a o' 'o m D 0 m Q m Q- C) w 0 rn W' C) > � Q Cl) O Am CD <D [Q (/) CD X �Tt^� n_ C 4 tT 0 - O M CD O S 0 ��- N Go CL a `C o i 0 � v v � -1 CD a v w 0- CD � v 1 — k O z "GOM CC `A Official Canvass of the Special Election for City of Nooksack , Whatcom County, Washington A�f!IN Held Tuesday, February 10, 2015 State of Washington County of Whatcom The undersigned, being the officers designated by law as constituting the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the Special Election held February 10, 2015, within the boundaries of the City of Nooksack, Whatcom County, State of Washington. The proposition concerned the annexation of the City of Nooksack into Whatcom County Fire Protection District 1. Based on the criteria for passage which was supplied by the district, the measure Passed. WITNESS our hand and seal this 24th day of February 2015- Whatcom County Canvassing Board Debbie Adelstein, County Auditor Royce Bupoo , Civil Deputy Prosecuting Attorney Carl Weimer, County Council Chair sy�ry�,o ri . . _..-�:#►ill► ---- Wl- . Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor February 24, 2015 Jim Ackerman, Mayor City of Nooksack 103 W. Madison St. Nooksack, WA 98276 Dear Jim: Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Enclosed is a copy of the certification of the February 10, 2015, Special Election pertaining to your city. For the Official Election Results and for the Precinct by Precinct Abstract, please refer to our website at www.whatcomcounty.us/auditor. If you have any questions, please don't hesitate to give me a call at 715-7474. Sincerely, Debbie Adelstein County Auditor Enclosure Licensing Recording Elections Administration Licensing@co.whatcornma.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us Auditor@co.whatcom.wa.us We gladly accept 360-676-6740 360-676-6740 360-676-6742 360-715-7474 relay calls. WHATCOM_20150210_E February 10, 2015 Summary Report Whatcom Registration & Turnout Registration Turnout Total Registration and Turnout 31,551 10,708 33.94% Contests City of Everson Proposition No. 2015-1 2 of 2 precincts counted 100.00% YES 401 86.05% NO 65 13.95% Total 466 City of Nooksack Proposition No. 2015-1 1 of 1 precincts counted 100.00% YES 312 91.23% NO 30 8.77% Tota 1 342 City of Ferndale Proposition No. 2015-1 9 of 9 precincts counted 100.00% YES 1,635 90.53% NO 171 9.47% Total 1,806 Blaine School District Proposition No. 2015-1 15 of 15 precincts counted 100.00% APPROVED 3,164 70.16% REJECTED 1,346 29.84% Total 4,510 Nooksack School District Proposition No. 2015-1 8 of 8 precincts counted 100.00% APPROVED 1,696 69.17% REJECTED 756 30.83% Total 2,452 Whatcom County Fire Protection Dist 1 Prop 2015-1 8 of 8 precincts counted 100.00% YES 1,158 84.59% NO 211 15.41% Total 1,369 Whatcom County Fire Protection Dist 1 Prop 2015-2 8 of 8 precincts counted 100.00% YES 1,150 84.31 % NO 214 15.69% Total 1,364 Whatcom County Fire Protection Dist 7 Prop 2015-1 12 of 12 precincts counted 100.00% YES 1,381 83.34% Printed: Monday, February 23, 2015 5:02 PM Data Refreshed: 2/23/2015 5:01 PM Page 1 of 2 Whatcom WHATCOM_20150210_E NO Total 276 16.66% 1,657 Summary Report February 10, 2015 Printed: Monday, February 23, 2015 5:02 PM Data Refreshed: 2/23/2015 5:01 PM Page 2 of 2 Whatcom County tco^' CO Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor ELECTION RESULTS RECEIPT Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Copies of the City of Nooksack, Proposition No. 2015-1, Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1, election results from the February 10, 2015 Special Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: Nam�) TREASURER'S OFFICE: Name A Date 7_ /ZS-1 Zo1 r Date SAPolicies & Procedures\Elections\05_Post Election\02_Certification Reporting\FRM Results Receipt - Assess & Treas.doc Licensing Recording Elections Administration Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us Auditor@co.whatcom.wa.us We gladly accept 360-676-6740 360-676-6740 360-676-6742 360-715-7474 relay calls. �r �]1 41 AU270090A PROCEDURE Filing Proposed Ballot Measures for Inclusion in Election (AUDITOR'S OFFICE — Elections) This procedure applies to Auditor's Staff, the Prosecuting Attorney, the Assessor's Office, and representatives of the cities and districts submitting proposed ballot measures. Actions by Cities and Representative of Districts: 1. Submits proposed ballot measure (considered ballot title) together with an explanatory statement (if for a primary or general election) prepared by legal counsel to Auditor's Office. Must be submitted at least 46 days prior to the election date for a special election, no later than the Friday immediately before the first day of regular candidate filing for the primary election, or no later than the day of the primary for a general election. Actions by Election Clerk: =2. If received by mail or courier (e.g., Fourth Corner Network), gives to Office Coordinator to complete steps 3-7. 3. If received over the counter, date stamps first page only of the submittal. 4. Checks that Ballot Measure Cover Sheet (FRM #AU270090F) is attached and complete, the resolution contains original signatures by a majority of commissioners or other legislative body or certified copy by clerk, and explanatory statement is included if for a primary or general election. Ensures that the date of the election is stated in the resolution. _ -4A.If packet not complete, returns packet to submitter to obtain missing information. Process stops here. 5. Prepares Ballot Measure Receipt (See FRM #AU470090A). Makes a copy for file and gives original to filer. (Note: Fill in ballot measure name only — no references to resolution number.) ,.for primary or general election, provides voter pamphlet information packet to submitter. ,7. Gives all materials to Office Coordinator. Actions by Office Coordinator: 8. Creates ballot measure file folder and staples this procedure to front of folder to be used as a checklist. .9. Ensures front staff completed and applies initials for Steps 2-7 above. 10. Mails receipt if submitted by mail. 11. Files copy of ballot measure receipt and original documents submitted in the file folder. 12. Checks to see that explanatory statement word count was not exceeded. If it is, advises Auditor. Gives file to Auditor or designee. Actions by Auditor or designee: hPolicies & Procedures\Elections\02_Pre-Election\04_Filing - Ballot Measures\PRO Filing proposed ballot meas.docx Page 1 Amended 11/13/14 Filing Proposed Ballot Measures for Inclusion in Election (cont.) 14. If the word count of the xplanatory statemen s eacceeded, contacts submitter to remedy. ��-Reviews validation require n is submitted or by consulting with submitter, what the passage requirements are, and under which RCW they are submitting the measure, if applicable. �ts a copy of that information in the file and marks on the folder in red the passage requirement. 1turns file to Office Coordinator. Actions by Office Coordinator: If the ballot title is submitted by the County or a district: 18. P Ares transmittal letter to the Prosecuting Attorney to review the ballot title and prepare ncise statement, if necessary. (See FRM #AU470090B — Prosecuting Atty Memo) "i Makes photocopy of resolution, validation figures (if any), and ballot measure receipt. t Attaches to Prosecuting Attorney's transmittal letter. Places inside ballot measure folder. Proceeds to Step 20. If ballot title submitted by a city: - `No review by the Prosecuting Attorney is necessary. Proceeds to Step 20. L 20. Prepares transmittal letter to Assessor, if taxing or funding implications to obtain their review. (See FRM #AU470090C — Assessor Ballot Title Letter - sends to Janice Judge) Makes photocopy of resolution, validation figures (if any), and ballot measure receipt. Attaches to Assessor's transmitt letter. Places inside ballot measure folder. �2. Gives folder to C udito for review. Actions by Chief Deputy Auditor: g"teviews ballot title and headings for capitalization and punctuation. 24 ing green ink edits suggested corrections; initials changes; makes same markings on s t to go to PA and Assessor. z4-5 Obtains signature on transmittal letters and puts copies in folder. L,2B" Hand delivers packet to PA and Assessor. 27. Returns folder to file rack. Actions by Prosecuting Attorney: 8. Reviews text of ballot title and headings of ballot measure. 626�Discusses with submitter or counsel for submitter and recommends any changes, if any. ,-�e nds transmittal letter to Auditor with ballot title and headings to be used to the Auditor's Office. (REF #AU570090A — Response from Prosecuting Attorney) Actions by Assessor's Office: 1. Reviews submission. 32. Provides feedback to Auditor or sends return memo. (See REF #AU570090B — Sample Memo from Assessor) hPolicies & Procedures\Elections\02_Pre-Election\04_Filing - Ballot Measures\PRO Filing proposed ballot meas.docx Page 2 Amended 11/13/14 Filing Proposed Ballot Measures for Inclusion in Election (cont.) Actions by Auditor: 33. Date Stamps letter from PA and places in the folder. Date stamps return memo from Assessor and places in the folder. 34. Reviews ballot title and headings and Assessor feedback. 35. Assigns ballot measure number (sequential numbering for each special purpose or taxing district).* Number formula = «yyyy - #>>. 36. Discusses with,submitter requested order if more than one ballot title is to be submitted. 37. Gives to Office Coordinator to prepare letter to the submitter. Actions by Office Coordinator: 38. Prepares letter (FRM #AU470090D — Letter to District re Approved Ballot Title) to the submitter and responsible official of the district outlining the ballot title and heading to be used. 39. Obtains Auditor signature. 40. Scans signed letter and sends via email to District Contact Person 1 and District Contact Person 2 from the Ballot Measure Cover Sheet. Sends copies of letter to other interested parties who have requested to be included by regular mail, fax or email upon request. 41. Completes Certificate of Distribution (FRM #AU470090E — Certificate of Distribution), staples to inside file folder, and prints out email transmittal. 42. Places in file. 43. Gives file to Election Coordinator. Actions by Election Coordinator: 44. Sets up ballot measure in EIMS. 45. Gives ballot title to ballot preparer for inclusion on ballot (unless court appeal is made of ballot title) 46A. If court appeal, ballot preparer waits for court resolution (may design a placeholder in the meantime). 46. Submits court ordered title to ballot preparer prior to preparation deadline. *Naming Convention for Ballot Measure: Line 1: Jurisdiction Line 2: Proposition # (yyyy-#) Line 3: Subject of Measure/Proposition Other additional lines as needed. hPolicies & Procedures\Elections\02_Pre-Election\04_Filing - Ballot Measures\PRO Filing proposed ballot meas.docx Page 3 Amended 11/13/14 PSGOMC"o Ballot Measure Cover Sheet � h�r This cover sheet must accompany each ballot measure submitted to the Whatcom County Auditor. Name of District: Whatcom County Fire District No. 1 District Address: P.C. Box 454 District Contact Person 1 Mel Blankers, Fire Chief Contact Person 1 Phone: 360-966-5757 (Name and Title) Email: mblankers@whatcomes.org District Contact Person 2 Rollin Harper, Planner Contact Person 2 Phone: 360-733-6033 (Name and Title) Email: rollinh@sehome.com ^G`�.,Y�, n. i+'• ra rK rF� h"j 'j,f.�J,}F �"'{ >, ,c t .� •> )... i u: � sT� �..h -:t4 ,. 7.... r�i�'.ry:. �,Y��i �v, f •-,• _.4_: � ..2..`. :rt.. - ,.• -.?'ts:.=��L�ez{s�'�"�'.S�trr'r._-.�.':fi • •S { ....t'.w7�..F�it1J..• .s, 1.� Aftornev for District: Seth A. Woolson Attorney Phone: 360-671-1796 Email: swoolson@chmelik.com MEN• 1l 0� 'tie:. ��%� . i %, ' -.� �� 1 � ij; er • �h a 61i>� +� w t �ti Type of Election: Annexation of City of Nooksack into Fire District No. 1 (e.g., Levy, Bond, Levy Lid Lift, etc.) State the Pass/Fail Requirement for the Measure as Determined by District's Legal Counsel: Simple Majority within District & Simple Majority within City (e.g., Simple Majority, 60%, Minimum Turnout, etc.) List Applicable Statutory References: RCW 52.04.071 oISi,ti thM� gar f 'r;Y•':� .G y �i :�;u..__� ..., _.y. __ .J ._ _ _ .__ _ - — '- -•- - Attached the Resolution with Original Signatures - or - the Resolution as a Certified Copy of �W Yes the Original? Fully Completed this Cover Sheet? it Yes Attached the Explanatory Statement for the Local Voters' Pamphlet Prepared by your ❑ Yes Attorney with the Resolution? (Applicable only for Primary or General Election) This form is available in a fillable form on the Auditor's Website: www. whatcomcounty. us/auditor/pdf/measurecover. pdf Note: The County Auditor will not accept a resolution without the completed cover sheet. if it is for a primary or general election, the explanatory statement must also be attached. It is the submitter's responsibility to ensure that requested documentation is presented no later than the resolution deadline date. Whatcom County P��°M JC00 Debbie Adelstein Auditor's Office �� County Auditor Whatcom County Courthouse Diana Bradrick 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 qs"'"G�� Chief Deputy Auditor Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom,wa.us Internet: www.whatcomcounty.us/auditor E-mailed to: Mel Blankers, Fire Chief, Whatcom County Fire Protection District 1 Rollin Harper, Planner James S. Ackerman, City of Nooksack Mayor December 22, 2014 Chief Mel Blankers Whatcom County Fire Protection District 1 P.O. Box 4307 Nooksack, WA 98276 Re: Proposed Ballot Measures Dear Chief Blankers: The ballot measures submitted have been received from the County Council. The measures will appear on the February 10, 2015, Special Election ballot for registered voters in the City of Nooksack and in Whatcom County Fire Protection District 1. Changes were made to the heading and a concise description was added. The measures will appear on the ballot as follows: City of Nooksack Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 The City of Nooksack adopted Ordinance No. 674 initiating the process for annexing the City into Whatcom County Fire Protection District # 1. This measure would annex the City of Nooksack into District #1. Shall the City of Nooksack be annexed to, and be a part of, Whatcom County Fire Protection District #1? Yes No Licensing Recording Elections Administration Licensing@co.whatcornma.us Recording@comhatcornma.us Elections@co.whatcornma.us Auditor@comhatcomma.us We gladly accept 360-676-6740 360-676-6740 360-676-6742 360-715-7474 relay calls. Letter to Chief Mel Blankers City of Nooksack & WCFPD 1 December 22, 2014 Whatcom County Fire Protection District 1 Proposition No. 2015-2 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 The Whatcom County Fire Protection District #1 Board of Commissioners adopted Resolution #221 concurring with the City of Nooksack to annex the City into District #1. Shall the City of Nooksack be annexed to, and be a part of, Whatcom County Fire Protection District #1? Yes No This notice is being provided pursuant to RCW 29A.36.080. Sincerely, Debbie Adelstein County Auditor cc: County Council Licensing Recording Elections Administration Licensing@comhatcornma.us Recording@comhatcornma.us Elections@comhatcornma.us Auditor@comhatcornma.us We gladly accept 360-676-6740 360-676-6740 360-676-6742 360-715-7474 relay calls. Nancy Moore From: Auditor Sent: Monday, December 22, 2014 12:44 PM To: mblankers@whatcomes.org; rollinh@sehome.com; mayor@cityofnooksack.com Cc: Dana Brown -Davis Subject: 2-10-15 Ballot Measures Attachments: 2-10-15 FD 1 & Nooksack_20141222123736.pdf Please see the attached letter regarding the proposed ballot measures for the City of Nooksack and WCFPD 1 for the 2- 10-15 Special Election. Sincerely, ✓Na' ncy M...Moore Office Coornator V atcom County .Auhtors Office 311 Grandf.Ave., Suite 103 Bedtngh'am V_A 98225 &60% 676--6740, ext. #�ound_,&Y) 500,-1 Whatcom County y Auditor's Office }� Whatcom County Courthouse 4 �� 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6742 Fax: (360) 738-4556 Email: electionsaa,co.whatcom.wa.us Internet: www.whatcomcounty.us./auditor To: Prosecuting Attorney's Office/Royce Buckingham From: Debbie Adelstein, County Audi ef��� Date: December 19, 2014 Debbie Adelstein County Auditor Election Division Re: City of Nooksack Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District No. 1 And Whatcom County Fire Protection District 1 Proposition No. 2015-2 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 The memo you returned to us regarding the Ballot Title for the respective jurisdictions did not take into account the reciprocal title that needs to be submitted to the district. We would propose that the following should be the approved language: City of Nooksack Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 The City of Nooksack adopted Ordinance No. 7-4244 41:1latingtthe process for annexing the City into Whatcom County Fire Protection District # 1. This measure would annex the City of Nooksack into District #1. Shall the City of Nooksack be annexed to, and be a part of, Whatcom County I:\Nancy\2015\Feb 10 2015 Special Election\2nd memo Prosecuting Atty ballot title letter NOOKSACK.doc WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mac D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kari Hathorn Kyle Moore Dona Bracke Kristen Reid Date: December 18, 2014 To: Debbie Adelstein Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) 398-1310 RECEIVED DEC 1 9 2014 DEBBIE ADELSTEIN WHATCOM COUNTY AUDITOR RE: Ferndale, Everson & Nooksack Fire District Annexation Ballot Titles Dear Debbie, CHIEF CIVIL DEPUTY Randall J. Watts ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker The language for the body of each respective Ballot Title in the above matters is formulated below: Proposition No. 2015-1 The City of Ferndale adopted Ordinance No. 1848 initiating the process for annexing the City into Whatcom County Fire Protection District #7. This measure would annex the City of Ferndale into District #7. Shall the City of Ferndale be annexed to, and be a part of, Whatcom County Fire Protection District #7? Yes No Proposition No. 2015-1 The City of Everson adopted Ordinance No. 742-14 initiating the process for annexing the City into Whatcom County Fire Protection District #1. This measure would annex the City of Ferndale into District #1. Shall the City of Fe ale be annexed to, and be a part of, Whatcom County Fire Protection District #1? Yes No Proposition No. 2015-1 The City of Nooksack adopted Ordinance No. 674 initiating the process for annexing the City into Whatcom County Fire Protection District #1. This measure would annex the City of Nooksack into District #1. Shall the City of Nooksack be annexed to, and be a part of, Whatcom County Fire Protection District 91? Yes No Please do a read -through for any scrivener's errors, and feel free to contact me if you have any questions. Thank you, Royce Suck�� m Attorney for the Whatcom County Auditor Whatcom County Auditor's Office �r _.�'A Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6742 Fax: (360) 738-4556 Email: electionsAco.whatcom.wa.us Internet: www.whatcomcounty.us./auditor Debbie Adelstein County Auditor Election Division To: Prosecuting Attorney's Office/Royce Buckingham From: Debbie Adelstein, County Auditor p44a, �Uzz� Date: December 15, 2014 Re: City of Nooksack Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 And Whatcom County Fire Protection District 1 Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 Please review the attached ballot title and headings for compliance with RCW 29A.36.071. Contact information is included should you need to communicate with the district. We will await a letter of approval or suggested changes at your earliest convenience. Thank You. I:\Nancy\2015\Feb 10 2015 Special Election\FRM Prosecuting Atty ballot title letter NOOKSACK.doc Fire Protection District #1? Yes No Whatcom County Fire Protection District 1 Proposition No. 2015-2 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 The Whatcom County Fire Protection District #1 Board of Commissioners adopted Resolution #221 concurring with the City of Nooksack to annex the city into District #1. Shall the City of Nooksack be annexed to, and be a part of, Whatcom County Fire Protection District #1? Yes No Please indicate your approval of these two ballot titles: y Approved -k Signature ate r� I:\Nancy\2015\Feb 10 2015 Special Election\2nd memo Prosecuting Atty ballot title letter NOOKSACK.doc 2014 FIRE DISTRICT #1 RES. - NOOKSACK PROPOSED BY: CITY OF NOOKSACK SPONSORED BY: CONSENT INTRODUCED: DECEMBER 9, 2014 RESOLUTION NO. 2014-065 REQUESTING THAT THE WHATCOM COUNTY AUDITOR INCLUDE THE QUESTION OF ANNEXATION OF THE CITY OF NOOKSACK INTO FIRE DISTRICT #1 ON THE BALLOT AT THE NEXT SPECIAL ELECTION WHEREAS, on October 6, 2014, the City of Nooksack adopted Ordinance No. 674, initiating the process for annexing the City of Nooksack into Whatcom County Fire Protection District #1; and WHEREAS, on October 9, 2014, Whatcom County Fire Protection District #1 approved Resolution #221, concurring with the City of Nooksack's annexation proposal; and WHEREAS, both the City of Nooksack and Whatcom County Fire Protection District #1 believe the proposed annexation will best serve the public's interest; and WHEREAS, RCW 52.04 outlines the process for annexation of a city or town into a fire protection district; and WHEREAS, the City of Nooksack has fulfilled all the requirements for the proposed annexation and the proposal is now ready to be sent to a vote of the people. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby forwards the annexation proposal to the Whatcom County Auditor for inclusion on the ballot at the next special election. form: BE IT FURTHER RESOLVED that the proposition shall be in substantially the following SHALL THE CITY OF NOOKSACK BE ANNEXED TO AND BE A PART OF WHATCOM COUNTY FIRE PROTECTION DISTRICT #1? YES [me BE IT FINALLY RESOLVED that if a majority of the voters in this election within the City of Nooksack vote in favor of the annexation and a majority of the voters in this election within Whatcom County Fire Protection District #1 vote in favor of the annexation, the City of Nooksack shall be annexed and shall become part of Whatcom County Fire Protection District #1. APPROVED this 9th day Of December , 2014. A T� r -1 Dana Brown -Davis, Clerk of the Council AFI PRO 'ED A TO FORM — civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Resolution # 221 A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1 CONCURRING WITH THE CITY COUNCIL OF THE CITY OF NOOKSACK, ORDINANCE NO. 674 APPROVING INITIATION OF THE ANNEXATION OF THE CITY OF NOOKSACK INTO WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1. WHEREAS, the City Council of the City of Nooksack (the "City") passed Ordinance No. 742-14 on October 6, 2014 (the "Ordinance") pursuant to RCW 52.04.061, which ordinance expressed the City's interest in seeking to join and annex into Whatcom County Fire Protection District NO. 1 (the "District") and found that the public interest would be best served by the annexation of the City into the District; and WHEREAS, the District was officially presented with the Ordinance seeking annexation by the City at the regular Board of Fire Commissioners meeting on October 9, 2014; and WHEREAS, pursuant to RCW 52.04.061, and after holding a public hearing at 2:00 pm on October 9, 2014 for the expressed issue of the City's request for annexation into the District where members of the general public and department members were welcome to attend and give testimony regarding the annexation request from the City; and WHEREAS, the Board of Fire Commissioners of the District considered and discussed the annexation request, staff recommendations, the public's testimony and debate that followed in the October 9, 2014 regular monthly meeting of the Board of Fire Commissioners; and WHEREAS, at the October 9, 2014 regular monthly meeting the District's Board of Fire Commissioners determined that the annexation of the City into the District was in the public interest and authorized, by motion, the District's staff to prepare a resolution concurring with the City's Ordinance seeking annexation into the District. NOW THEREFORE, BE IT RESOLVED, that pursuant to RCW 52.04.061 the Board of Fire Commissioners of Whatcom County Fire Protection District No. 1, hereby concurs with the City of Nooksack's Ordinance No. 674 seeking annexation into Whatcom County Fire Protection District No. 1, which has been determined to be in the public best interest, and be it further resolved that notification of such concurrence shall be transmitted to the legislative authority of Whatcom County by Whatcom County Fire Protection District No. 1 and be it further resolved that the District's Fire Chief is authorized to coordinate with the City to file a Notice of Intention with the Whatcom County Boundary Review Board regarding the proposed annexation of the City into the District. Approved at the regular board meeting of the Board of Fire Commissioners, Whatcom County Fire Protection District No. 1, this 9th day of October 2014. [Remainder of Page Intentionally Blank] Attested by: (�JdL, 1,2 it � i beBeeId, Bo ecretary RTIRE DISTRICTSIWCFD 11Erersan Anne 11.,lCON A --lion R• olullon 10314Aoc J�� Ly Chairman Orran Dodson Commis s oner Vry Almy Commissioner Tim Wells O VJashinJ} c,�-inue- ahA cDywe_&� copy of- Awx, me✓t+ io `the- icisScse,i6vj of- �ucik begef_la_ as of phis oia` c . �.% N141 FEq pV �q SH1N�'17 2 a i -1 �11111116 W,, l ORDINANCE NO. 674 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, STATING AN INTENT, PURSUANT TO RCW 52.04.061 ET SEQ., TO ANNEX TO AND JOIN WHATCOM COUNTY FIRE DISTRICT NO. 1, AND MAKING A FINDING THAT THE PUBLIC INTEREST WILL BE SERVED THEREBY, AUTHORIZING THE MAYOR TO COORDINATE WITH THE FIRE DISTRICT ON THE FILING OF A NOTICE OF INTENTION WITH THE BOUNDARY REVIEW BOARD, AND NOTIFYING THE WHATCOM COUNTY COUNCIL OF THE INTENT TO ANNEX PENDING FAVORABLE DECISION BY THE BOUNDARY REVIEW BOARD. WHEREAS, the geographic area of the City of Nooksack lies outside the boundaries of Whatcom County Fire District No. 1; and WHEREAS, the City of Nooksack currently contracts with Whatcom County Fire District No. lto provide fire protection and emergency medical services to the citizens ofNooksack; and WHEREAS, the City of Nooksack and Whatcom County Fire District No. 1 have engaged in discussion concerning the potential annexation of the City to the Fire District; and WHEREAS, the City Council desires to initiate the process described in RCW 52.04.061 et seq. for annexation of the City to the Fire District; now, therefore, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, as follows: SECTION 1: Intent to Annex / Finding of Public Interest. The City Council hereby states its intent to have the City annex to and join Whatcom County Fire District No. 1, subject to approval by the Whatcom County Boundary Review Board and the voters of the City and the District. The City Council finds that annexation of the City to the District will serve the public interest of the citizens ofNooksack and the greater Nooksack area. The Board of Commissioners of Whatcom County Fire District No. 1 is hereby requested to concur in the annexation and to notify the Whatcom County Council so that an election may be called on the question, pending a favorable decision by the Whatcom County Boundary Review Board. SECTION 2: Notice of Intention. The Mayor or his designee is hereby authorized to coordinate with Whatcom County Fire District No. 1 to file a Notice of Intention with the Whatcom County Page 1 Boundary Review Board seeking annexation of the City to the Fire District. The Mayor is further authorized to take all necessary steps to pursue approval of the annexation by the Boundary Review Board in coordination with the Fire District. SECTION 3: Severability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, or unconstitutional, such decision shall not effect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause or phrase thereof, separately and independently and, in the event that any one or more sections, subsections, sentences, clauses or phrases may later be declared invalid or unconstitutional, then any ordinance or ordinances, or parts thereof, amended or repealed by such portion of this Ordinance shall remain in full force and effect. SECTION 4: This Ordinance shall take effect and be in force from after five (5) days after passage, approval, signing, and publication/posting, as provided by law. PASSED by a majority of the whole membership of the City Council of the City of Nooksack, Washington, and there signed and approved by its Mayor, at a regular meeting of said Council held this day of OG�U�P.�2014. ATTEST: GINIA ARNASON, City Clerk Page 2 CITY OF NOOKSACK, WASHINGTON " /' � 1 I J S. C E ,Mayor APPROVED AS TO FORM: THOM . -RYER, City Attorney Whatcom County COG Auditor's Office P4G0M �r �yA Whatcom County Courthouse ,.., 311 Grand Avenue, Suite 103 r 0 Bellingham, WA 98225-4038 Phone: (360) 676-6742 Fax: (360) 738-4556 Email: elections aRco.whatcom.wa.us Internet: www.whatcomcounty.us./auditor To: Prosecuting Attorney's Office/Royce Buckingham From: Debbie Adelstein, County Auditor Date: December 15, 2014 Debbie Adelstein County Auditor Election Division Re: City of Nooksack Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 And Whatcom County Fire Protection District 1 Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 Please review the attached ballot title and headings for compliance with RCW 29A.36.071. Contact information is included should you need to communicate with the district. We will await a letter of approval or suggested changes at your earliest convenience. Thank You. I:\Nancy\2015\Feb 10 2015 Special Election\FRM Prosecuting Atty ballot title letter NOOKSACK.doc �coce co Ballot Measure Cover Sheet �'shiNat0 This cover sheet must accompany each ballot measure submitted to the Whatcom County Auditor. Name of District: Whatcom County Fire District No. 1 District Address: P.O. Box 454 District Contact Person 1: Mel Blankers, Fire Chief (Name and Title) Contact Person 1 Phone: 360-966-5757 Email: mblankers@whatcomes.org District Contact person 2: Rollin Harper, Planner (Name and Title) Contact Person 2 Phone: 360-733-6033 Email: rollinh@sehome.com MAN Attorney for District: Attorney Phone: Type of Election: Seth A. Woolson 360-671-1796 Email: swoolson@chmelik.com Annexation of Citv of Nooksack into Fire District No. 1 (e.g., Levy, Bond, Levy Lid Lift, etc.) State the Pass/Fail Requirement for the Measure as Determined by District's Legal Counsel: Simple Majority within District & Simple Majority within City (e.g., Simple Majority, 60%, Minimum Turnout, etc.) List Applicable Statutory References: RCW 52.04.071 P0 M..-IX ;,�Ci, dal. Attached the Resolution with Original Signatures - or - the Resolution as a Certified Copy of id Yes the Original? Fully Completed this Cover Sheet? A Yes Attached the Explanatory Statement for the Local Voters' Pamphlet Prepared by your ❑ Yes Attorney with the Resolution? (Applicable only for Primary or General Election) This form is available in a fillable form on the Auditor's Website: www.whatcomcounty.us/auditor/pdf/measurecover.pdf Note: The County Auditor will not accept a resolution without the completed cover sheet. If it is for a primary or general election, the explanatory statement must also be attached. It is the submitter's responsibility to ensure that requested documentation is presented no later than the resolution deadline date. 2014 FIRE DISTRICT #1 RES. - NOOKSACK PROPOSED BY: CITY OF NOOKSACK SPONSORED BY: CONSENT INTRODUCED: DECEMBER 9, 2014 RESOLUTION NO. 2014-065 REQUESTING THAT THE WHATCOM COUNTY AUDITOR INCLUDE THE QUESTION OF ANNEXATION OF THE CITY OF NOOKSACK INTO FIRE DISTRICT #1 ON THE BALLOT AT THE NEXT SPECIAL ELECTION WHEREAS, on October 6, 2014, the City of Nooksack adopted Ordinance No. 674, initiating the process for annexing the City of Nooksack into Whatcom County Fire Protection District #1; and WHEREAS, on October 9, 2014, Whatcom County Fire Protection District #1 approved Resolution #221, concurring with the City of Nooksack's annexation proposal; and WHEREAS, both the City of Nooksack and Whatcom County Fire Protection District #1 believe the proposed annexation will best serve the public's interest; and WHEREAS, RCW 52.04 outlines the process for annexation of a city or town into a fire protection district; and WHEREAS, the City of Nooksack has fulfilled all the requirements for the proposed annexation and the proposal is now ready to be sent to a vote of the people. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby forwards the annexation proposal to the Whatcom County Auditor for inclusion on the ballot at the next special election. form: BE IT FURTHER RESOLVED that the proposition shall be in substantially the following SHALL THE CITY OF NOOKSACK BE ANNEXED TO AND BE A PART OF WHATCOM COUNTY FIRE PROTECTION DISTRICT #1? YES TEO BE IT FINALLY RESOLVED that if a majority of the voters in this election within the City of Nooksack vote in favor of the annexation and a majority of the voters in this election within Whatcom County Fire Protection District #1 vote in favor of the annexation, the City of Nooksack shall be annexed and shall become part of Whatcom County Fire Protection District #1. APPROVED this 9th day of December , 2014. A Dana Brown -Davis, Clerk of the Council AFPRO ED Aq TO FO!-- ivil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Resolution # 221 A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1 CONCURRING WITH THE CITY COUNCIL OF THE CITY OF NOOKSACK, ORDINANCE NO. 674 APPROVING INITIATION OF THE ANNEXATION OF THE CITY OF NOOKSACK INTO WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1. WHEREAS, the City Council of the City of Nooksack (the "City") passed Ordinance No. 742-14 on October 6, 2014 (the "Ordinance") pursuant to RCW 52.04.061, which ordinance expressed the City's interest in seeking to join and annex into Whatcom County Fire Protection District NO. 1 (the "District") and found that the public interest would be best served by the annexation of the City into the District; and WHEREAS, the District was officially presented with the Ordinance seeking annexation by the City at the regular Board of Fire Commissioners meeting on October 9, 2014; and WHEREAS, pursuant to RCW 52.04.061, and after holding a public hearing at 2:00 pm on October 9, 2014 for the expressed issue of the City's request for annexation into the District where members of the general public and department members were welcome to attend and give testimony regarding the annexation request from the City; and WHEREAS, the Board of Fire Commissioners of the District considered and discussed the annexation request, staff recommendations, the public's testimony and debate that followed in the October 9, 2014 regular monthly meeting of the Board of Fire Commissioners; and WHEREAS, at the October 9, 2014 regular monthly meeting the District's Board of Fire Commissioners determined that the annexation of the City into the District was in the public interest and authorized, by motion, the District's staff to prepare a resolution concurring with the City's Ordinance seeking annexation into the District. NOW THEREFORE, BE IT RESOLVED, that pursuant to RCW 52.04.061 the Board of Fire Commissioners of Whatcom County Fire Protection District No. 1, hereby concurs with the City of Nooksack's Ordinance No. 674 seeking annexation into Whatcom County Fire Protection -District No. 1, which has been determined to be in the public best interest, and be it further resolved that notification of such concurrence shall be transmitted to the legislative authority of Whatcom County by Whatcom County Fire Protection District No. 1 and be it further resolved that the District's Fire Chief is authorized to coordinate with the City to file a Notice of Intention with the Whatcom County Boundary Review Board regarding the proposed annexation of the City into the District. Approved at the regular board meeting of the Board of Fire Commissioners, Whatcom County Fire Protection District No. 1, this 9th day of October 2014. [Remainder of Page Intentionally Blank] Attested by: , d,3, 9,k 6i DeBeeld, B ecretary FOIREOISTRICTSMUD 7\El—rs Ann—Un\CONAml—tionRe IWWn_10274.dm Qp.j-)--n (y Chairman Orran Dodson Commissioner Cary Almy " Commissioner Tim Wells S{�c� 0�— v� aF 1 Cex h Fy `i had `i hts i s c� -�wtt aho� ca-yre &4- copy of a �a-,u mevr i n `A-e �o s sess i �-, p F off+ e 8-ee.16i- as OT -A- his &4c 141 FEq •� ;yt NOT �._t q%7Y .; U . �? '•'o BUC � � � � �� �l.t,b 14 L �'��,�WA SH I� �S\ x i ORDINANCE NO. 674 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, STATING AN INTENT, PURSUANT TO RCW 52.04.061 ET SEQ., TO ANNEX TO AND JOIN WHATCOM COUNTY FIRE DISTRICT NO. 1, AND MAKING A FINDING THAT THE PUBLIC INTEREST WILL BE SERVED THEREBY, AUTHORIZING THE MAYOR TO COORDINATE WITH THE FIRE DISTRICT ON THE FILING OF A NOTICE OF INTENTION WITH THE BOUNDARY REVIEW BOARD, AND NOTIFYING THE WHATCOM COUNTY COUNCIL OF THE INTENT TO ANNEX PENDING FAVORABLE DECISION BY THE BOUNDARY REVIEW BOARD. WHEREAS, the geographic area of the City of Nooksack lies outside the boundaries of Whatcom County Fire District No. 1; and WHEREAS, the City ofNooksack currently contracts with Whatcom County Fire District No. lto provide fire protection and emergency medical services to the citizens of Nooksack; and WHEREAS, the City of Nooksack and Whatcom County Fire District No. 1 have engaged in discussion concerning the potential annexation of the City to the Fire District; and WHEREAS, the City Council desires to initiate the process described in RCW 52.04.061 et seq. for annexation of the City to the Fire District; now, therefore, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, as follows: SECTION 1: Intent to Annex / Finding of Public Interest. The City Council hereby states its intent to have the City annex to and j oin Whatcom County Fire District No. 1, subj ect to approval by the Whatcom County Boundary Review Board and the voters of the City and the District. The City Council finds that annexation of the City to the District will serve the public interest of the citizens ofNooksack and the greater Nooksack area. The Board of Commissioners of Whatcom County Fire District No. 1 is hereby requested to concur in the annexation and to notify the Whatcom County Council so that an election may be called on the question, pending a favorable decision by the Whatcom County Boundary Review Board. SECTION 2: Notice of Intention. The Mayor or his designee is hereby authorized to coordinate with Whatcom County Fire District No. 1 to file a Notice of Intention with the Whatcom County Page 1 Boundary Review Board seeking annexation of the City to the Fire District. The Mayor is further authorized to take all necessary steps to pursue approval of the annexation by the Boundary Review Board in coordination with the Fire District. SECTION 3: Severability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, or unconstitutional, such decision shall not effect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause or phrase thereof, separately and independently and, in the event that any one or more sections, subsections, sentences, clauses or phrases may later be declared invalid or unconstitutional, then any ordinance or ordinances, or parts thereof, amended or repealed by such portion of this Ordinance shall remain in full force and effect. SECTION 4: This Ordinance shall take effect and be in force from after five (5) days after passage, approval, signing, and publication/posting, as provided by law. PASSED by a majority of the whole membership of the City Council of the City of Nooksack, Washingtop, and there signed and approved by its Mayor, at a regular meeting of said Council held this Vy day of Orbel-, 2014. ATTEST: roir,off.0- Page 2 CITY OF NOOKSACK, WASHINGTON � 1 I " S. C AMA , Mayor APPROVED AS TO FORM: THO YER, City Attorney WHATCOM COUNTY �a �q County Courthouse ASSESSOR'S OFFICE4 `�� 311 Grand Avenue, Suite #106 v Bellingham, WA 98225-4038 Keith M. Willnauer z Telephone: (360) 676-6790 Assessor ING�6 Fax: (360) 738-2472 RECEIVFD DEC 1 7 2014 DEME ADELSTUN WHATCoM COUNTY AUDITOR Date: December 17, 2014 To: Debbie Adelstein, Whatcom County Auditor From: Janice Judge, Senior Admininstrative Assistant Whatcom County Assessor's Office Re: City of Nooksack/Fire District #1 Proposition No. 2015-1 Annexation of the City of Nooksack into Whatcom County Fire District #1 I am in receipt of the proposed ballot measure for the City of Nooksack/Fire District #1 and have reviewed such for property tax administration. I find no concerns with the ballot measure. Whatcom County "C0M co` Auditor's Office 3��1 s� Whatcom County Courthouse 311 Grand Avenue, Suite 103 �Q Bellingham, WA 98225-4038 �� 0 Phone: (360) 676-6742 Fax: (360) 738-4556 Email: election s(d)co.whatcom.wa.us Internet: www.whatcomcounty.us./auditor To: Assessor's Office/Janice Judge From: Debbie Adelstein, County Auditor Date: December 15, 2014 Re: City of Nooksack Debbie Adelstein County Auditor Election Division Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 And Whatcom County Fire Protection District 1 Proposition No. 2015-1 Annexation of the City of Nooksack Into Whatcom County Fire Protection District 1 Attached is a ballot title for your review. Contact information is included should you need to communicate with the district. The Pass/Fail requirement for the ballot title as determined by the district's legal counsel: Simple Majority_ Please return a letter of acknowledgement with any significant comments by Thursday, December 18. Thank You. I:\Nancy\2015\Feb 10 2015 Special Election\FRM Assessor Ballot Title Letter NOOKSACK.doc P�GGN CO& Ballot Measure Cover Sheet ��srflNGtCr This cover sheet must accompany each ballot measure submitted to the Whatcom County Auditor. Name of District: Whatcom County Fire District No. 1 District Address: P.O. Box 454 District Contact person 1: Mel Blankers, Fire Chief (Name and Title) Contact Person 1 Phone: 360-966-5757 Email: mblankers@whatcomes.org District Contact Person 2: Rollin Harper, Planner (Name and Title) Contact Person 2 Phone: 360-733-6033 Email: rollinh@sehome.com ! pv t�, rz- i.-e (.r-' Z t . � � {*� �•� � - t...- • /ti +.v �} +r ! ; .n'.li 7..?S. �. ,yy�•� �•,.4�-. •,fhT`.i: �':. ;�'� Attolrin �tlrifd a�i'�'n;• t r ,, , . yr , •1 ,.r►; r} t � ,� ,.�.. � � n� • ,;; `�� s`: ,• ��.. _ i+�:Xt1'..r+r: SJ �aC..^��.z �� �� S. � r_';:-i/1L.':': ..i.:- S=L�y •-� �' '�:YYL 7•t2• �ht�sLt'�� •Attorney for District: Seth A. Woolson Attorney Phone: 360-671-1796 Email: swoolson@chmelik.com Election Information Type of Election: Annexation of City of Nooksack into Fire District No. 1 (e.g., Levy, Bond, Levy Lid Lift, etc.) State the Pass/Fail Requirement for the Measure as Determined by District's Legal Counsel: Simple Majority within District & Simple Majority within City (e.g., Simple Majority, 60%, Minimum Turnout, etc.) List Applicable Statutory References: RCW 52.04.071 L•:K��'_''�~�lt'�`.�'•'GF��f �`__ � . . � ` `fit.._ r , � � �i� +,tl�' 1� i' � S-`. __ � •; - — =—- __, _ �-I Attached the Resolution with Original Signatures - or - the Resolution as a Certified Copy of A Yes the Original? Fully Completed this Cover Sheet? A Yes Attached the Explanatory Statement for the Local Voters' Pamphlet Prepared by your ❑ Yes Attorney with the Resolution? (Applicable only for Primary or General Election) This form is available in a fillable form on the Auditors Website: ll lVty vhotcomcountl% si<, ,clitvr/1x1,F'rneasurocovecw1f Note: The County Auditor will not accept a resolution without the completed cover sheet. If it is for a primary or general election, the explanatory statement must also be attached. It is the submitter's responsibility to ensure that requested documentation is presented no later than the resolution deadline date. 2014 FIRE DISTRICT #1 RES. - NOOKSACK PROPOSED BY: CITY OF NOOKSACK SPONSORED BY: CONSENT INTRODUCED: DECEMBER 9, 2014 RESOLUTION NO. 2014-065 REQUESTING THAT THE WHATCOM COUNTY AUDITOR INCLUDE THE QUESTION OF ANNEXATION OF THE CITY OF NOOKSACK INTO FIRE DISTRICT #1 ON THE BALLOT AT THE NEXT SPECIAL ELECTION WHEREAS, on October 6, 2014, the City of Nooksack adopted Ordinance No. 674, initiating the process for annexing the City of Nooksack into Whatcom County Fire Protection District #1; and WHEREAS, on October 9, 2014, Whatcom County Fire Protection District #1 approved Resolution #221, concurring with the City of Nooksack's annexation proposal; and WHEREAS, both the City of Nooksack and Whatcom County Fire Protection District #1 believe the proposed annexation will best serve the public's interest; and WHEREAS, RCW 52.04 outlines the process for annexation of a city or town into a fire protection district; and WHEREAS, the City of Nooksack has fulfilled all the requirements for the proposed annexation and the proposal is now ready to be sent to a vote of the people. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby forwards the annexation proposal to the Whatcom County Auditor for inclusion on the ballot at the next special election. form: BE IT FURTHER RESOLVED that the proposition shall be in substantially the following SHALL THE CITY OF NOOKSACK BE ANNEXED TO AND BE A PART OF WHATCOM COUNTY FIRE PROTECTION DISTRICT #1? YES NO BE IT FINALLY RESOLVED that if a majority of the voters in this election within the City of Nooksack vote in favor of the annexation and a majority of the voters in this election within Whatcom County Fire Protection District #1 vote in favor of the annexation, the City of Nooksack shall be annexed and shall become part of Whatcom County Fire Protection District #1. APPROVED this 9th day of , 2014. A T-ES - -� Dana Brown -Davis, Clerk of the Council APPRO ED la TO FOfiW ivil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Resolution # 221 A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1 CONCURRING WITH THE CITY COUNCIL OF THE CITY OF NOOKSACK, ORDINANCE NO. 674 APPROVING INITIATION OF THE ANNEXATION OF THE CITY OF NOOKSACK INTO WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1. WHEREAS, the City Council of the City of Nooksack (the "City") passed Ordinance No. 742-14 on October 6, 2014 (the "Ordinance") pursuant to RCW 52.04.061, which ordinance expressed the City's interest in seeking to join and annex into Whatcom County Fire Protection District NO. 1 (the "District") and found that the public interest would be best served by the annexation of the City into the District; and WHEREAS, the District was officially presented with the Ordinance seeking annexation by the City at the regular Board of Fire Commissioners meeting on October 9, 2014; and WHEREAS, pursuant to RCW 52.04.061, and after holding a public hearing at 2:00 pm on October 9, 2014 for the expressed issue of the City's request for annexation into the District where members of the general public and department members were welcome to attend and give testimony regarding the annexation request from the City; and WHEREAS, the Board of Fire Commissioners of the District considered and discussed the annexation request, staff recommendations, the public's testimony and debate that followed in the October 9, 2014 regular monthly meeting of the Board of Fire Commissioners; and WHEREAS, at the October 9, 2014 regular monthly meeting the District's Board of Fire Commissioners determined that the annexation of the City into the District was in the public interest and authorized, by motion, the District's staff to prepare a resolution concurring with the City's Ordinance seeking annexation into the District. NOW THEREFORE, BE IT RESOLVED, that pursuant to RCW 52.04.061 the Board of Fire Commissioners of Whatcom County Fire Protection District No. 1, hereby concurs with the City of Nooksack's Ordinance No. 674 seeking annexation into Whatcom County Fire Protection District No. 1, which has been determined to be in the public best interest, and be it further resolved that notification of such concurrence shall be transmitted to the legislative authority of Whatcom County by Whatcom County Fire Protection District No. 1 and be it further resolved that the District's Fire Chief is authorized to coordinate with the City to file a Notice of Intention with the Whatcom County Boundary Review Board regarding the proposed annexation of the City into the District. Approved at the regular board meeting of the Board of Fire Commissioners, Whatcom County Fire Protection District No. 1, this 9th day of October 2014. [Remainder of Page Intentionally Blank] Lam:—�L�, .. Chairman Orran Dodson Loe CommissToner (:Ory Almy' v ��. IA) &&4eX. Commissioner Tim Wells PARRE OISTRICTSMCM 11Everan Arms> IIWCON An Ilan Re Idon IOZ14 dx Cuuv>.� o-F ti.Jha-�e. am is cx+yu-c arm co-yye &+, coF y of- ek ,A�WLUM /I+ In ` t�- �osScss i �, o� � OAi De aeew as OT -A-his &4-c . 1ua O' Ocfc) kY 2- �`% �cNN i FEq M049, pU eVC ,r' �u bii c. li ORDINANCE NO. 674 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, STATING AN INTENT, PURSUANT TO RCW 52.04.061 ET SEQ., TO ANNEX TO AND JOIN WHATCOM COUNTY FIRE DISTRICT NO. 1, AND MAILING A FINDING THAT THE PUBLIC INTEREST WILL BE SERVED THEREBY, AUTHORIZING THE MAYOR TO COORDINATE WITH THE FIRE DISTRICT ON THE FILING OF A NOTICE OF INTENTION WITH THE BOUNDARY REVIEW BOARD, AND NOTIFYING THE WHATCOM COUNTY COUNCIL OF THE INTENT TO ANNEX PENDING FAVORABLE DECISION BY THE BOUNDARY REVIEW BOARD. WHEREAS, the geographic area of the City of Nooksack lies outside the boundaries of Whatcom County Fire District No. 1; and WHEREAS, the City of Nooksack currently contracts with Whatcom County Fire District No. Ito provide fire protection and emergency medical services to the citizens of Nooksack; and WHEREAS, the City of Nooksack and Whatcom County Fire District No. 1 have engaged in discussion concerning the potential annexation of the City to the Fire District; and WHEREAS, the City Council desires to initiate the process described in RCW 52.04.061 et seq. for annexation of the City to the Fire District; now, therefore, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, as follows: SECTION 1: Intent to Annex / Finding of Public Interest. The City Council hereby states its intent to have the City annex to and j oin Whatcom County Fire District No. 1, subject to approval by the Whatcom County Boundary Review Board and the voters of the City and the District. The City Council finds that annexation of the City to the District will serve the public interest of the citizens of Nooksack and the greater Nooksack area. The Board of Commissioners of Whatcom County Fire District No. 1 is hereby requested to concur in the annexation and to notify the Whatcom County Council so that an election may be called on the question, pending a favorable decision by the Whatcom County Boundary Review Board. SECTION 2: Notice of Intention. The Mayor or his designee is hereby authorized to coordinate with Whatcom County Fire District No. 1 to file a Notice of Intention with the Whatcom County Page 1 Boundary Review Board seeking annexation of the City to the Fire District. The Mayor is further authorized to take all necessary steps to pursue approval of the annexation by the Boundary Review Board in coordination with the Fire District. SECTION 3: Severability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, or unconstitutional, such decision shall not effect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause or phrase thereof, separately and independently and, in the event that any one or more sections, subsections, sentences, clauses or phrases may later be declared invalid or unconstitutional, then any ordinance or ordinances, or parts thereof, amended or repealed by such portion of this Ordinance shall remain in full force and effect. SECTION 4: This Ordinance shall take effect and be in force from after five (5) days after passage, approval, signing, and publication/posting, as provided by law. PASSED by a majority of the whole membership of the City Council of the City of Nooksack, Washington, and there signed and approved by its Mayor, at a regular meeting of said Council held this 6,L day of OC,16bel', 2014. ATTEST: GINIA ARNASON, City Clerk Page 2 CITY OF NOOKSACK, WASHINGTON JA S. C RMA , Mayor APPROVED AS TO FORM: qr�� THOM . -RYER, City Attorney C�GOM COV 1 \24 Ballot Measure Cover Sheet This cover sheet must accompany each ballot measure submitted to the Whatcom County Auditor. Name of District: Whatcom County Fire District No. 1 District Address: P.O. Box 454 District Contact Person 1: Mel Blankers, Fire Chief (Name and Title) Contact Person 1 Phone: 360-966-5757 Email: mblankers@whatcomes.org District contact person 2: Rollin Harper, Planner (Name and Title) Contact Person 2 Phone: 360-733-6033 Email: rollinh@sehome.com Attorney Information Attorney for District: Seth A. Woolson Attorney Phone: 360-671-1796 Email: SWoolson@chmelik.com Election Information Type of Election: Annexation of City of Nooksack into Fire District No. 1 (e.g., Levy, Bond, Levy Lid Lift, etc.) State the Pass/Fail Requirement for the Measure as Determined by District's Legal Counsel Simple Majority within District & Simple Majority within City (e.g., Simple Majority, 60%, Minimum Turnout, etc.) List Applicable Statutory References: RCW 52.04.071 Attached the Resolution with Original Signatures - or - the Resolution as a Certified Copy of A Yes the Original? Fully Completed this Cover Sheet? ii Yes Attached the Explanatory Statement for the Local Voters' Pamphlet Prepared by your ❑ Yes Attorney with the Resolution? (Applicable only for Primary or General Election) This form is available in a fillable form on the Auditor's Website: www.whatcomcounty.us/auditor/Adf/measurecover.Adf Note: The County Auditor will not accept a resolution without the completed cover sheet. If it is for a primary or general election, the explanatory statement must also be attached. It is the submitter's responsibility to ensure that requested documentation is presented no later than the resolution deadline date. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 — 386 CLEARANCES Initial Date Date Receivedmi i .Ct)uncit U tce Agenda Date Assigned to: Originator: City of Noo 12/1/2014 R L.0 L i V L, n r C 1 5 ZnU 44 U L l 12/9/2014 Finance/Council Division Head.• Dept. Head. - DF-B$!E ADELSSEIN COUNT`;' AUDITOR Prosecutor: W14A'TCOM Purchasin Bud et: Executive: TITLE OF DOCUMENT: Resolution auditor include question of annexation Nooksackinto Fire District 1 ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO f SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Resolution requesting that the Whatcom County Auditor include the question of annexation of the city of Nooksack into Fire District #1 on the ballot I at the next special election. I COMMITTEEACTION.• COUNCIL ACTION. 12/9/2014: Approved in Finance Committee, forwarded to 12/9/2014: Approved 7-0, Res. 2014-065 Council for approval U Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. 2014-065 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www co.whatcom.wa.us/council. 2014 FIRE DISTRICT #1 RES. - NOOKSACK PROPOSED BY: CITY OF NOOKSACK SPONSORED BY: CONSENT INTRODUCED: DECEMBER 9, 2014 RESOLUTION NO. 2014-065 REQUESTING THAT THE WHATCOM COUNTY AUDITOR INCLUDE THE QUESTION OF ANNEXATION OF THE CITY OF NOOKSACK INTO FIRE DISTRICT #1 ON THE BALLOT AT THE NEXT SPECIAL ELECTION WHEREAS, on October 6, 2014, the City of Nooksack adopted Ordinance No. 674, initiating the process for annexing the City of Nooksack into Whatcom County Fire Protection District #1; and WHEREAS, on October 9, 2014, Whatcom County Fire Protection District #1 approved Resolution #221, concurring with the City of Nooksack's annexation proposal; and WHEREAS, both the City of Nooksack and Whatcom County Fire Protection District #1 believe the proposed annexation will best serve the public's interest; and WHEREAS, RCW 52.04 outlines the process for annexation of a city or town into a fire protection district; and WHEREAS, the City of Nooksack has fulfilled all the requirements for the proposed annexation and the proposal is now ready to be sent to a vote of the people. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby forwards the annexation proposal to the Whatcom County Auditor for inclusion on the ballot at the next special election. form: BE IT FURTHER RESOLVED that the proposition shall be in substantially the following SHALL THE CITY OF NOOKSACK BE ANNEXED TO AND BE A PART OF WHATCOM COUNTY FIRE PROTECTION DISTRICT #1? YES BE IT FINALLY RESOLVED that if a majority of the voters in this election within the City of Nooksack vote in favor of the annexation and a majority of the voters in this election within Whatcom County Fire Protection District #1 vote in favor of the annexation, the City of Nooksack shall be annexed and shall become part of Whatcom County Fire Protection District #1. APPROVED this 9th day of December , 2014. A TES - Dana Brown -Davis, Clerk of the Council APPRO ED A TO FOf,M� Y ivil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Resolution # 221 A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1 CONCURRING WITH THE CITY COUNCIL OF THE CITY OF NOOKSACK, ORDINANCE NO. 674 APPROVING INITIATION OF THE ANNEXATION OF THE CITY OF NOOKSACK INTO WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 1. WHEREAS, the City Council of the City of Nooksack (the "City") passed Ordinance No. 742-14 on October 6, 2014 (the "Ordinance") pursuant to RCW 52.04.061, which ordinance expressed the City's interest in seeking to join and annex into Whatcom County Fire Protection District NO. 1 (the "District") and found that the public interest would be best served by the annexation of the City into the District; and WHEREAS, the District was officially presented with the Ordinance seeking annexation by the City at the regular Board of Fire Commissioners meeting on October 9, 2014; and WHEREAS, pursuant to RCW 52.04.061, and after holding a public hearing at 2:00 pm on October 9, 2014 for the expressed issue of the City's request for annexation into the District where members of the general public and department members were welcome to attend and give testimony regarding the annexation request from the City; and WHEREAS, the Board of Fire Commissioners of the District considered and discussed the annexation request, staff recommendations, the public's testimony and debate that followed in the October 9, 2014 regular monthly meeting of the Board of Fire Commissioners; and WHEREAS, at the October 9, 2014 regular monthly meeting the District's Board of Fire Commissioners determined that the annexation of the City into the District was in the public interest and authorized, by motion, the District's staff to prepare a resolution concurring with the City's Ordinance seeking annexation into the District. NOW THEREFORE, BE IT RESOLVED, that pursuant to RCW 52.04.061 the Board of Fire Commissioners of Whatcom County Fire Protection District No. 1, hereby concurs with the City of Nooksack's Ordinance No. 674 seeking annexation into Whatcom County Fire Protection District No. 1, which has been determined to be in the public best interest, and be it further resolved that notification of such concurrence shall be transmitted to the legislative authority of Whatcom County by Whatcom County Fire Protection District No. 1 and be it further resolved that the District's Fire Chief is authorized to coordinate with the City to file a Notice of Intention with the Whatcom County Boundary Review Board regarding the proposed annexation of the City into the District. Approved at the regular board meeting of the Board of Fire Commissioners, Whatcom County Fire Protection District No. 1, this 9th day of October 2014. 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(H OT Vb Ihc' fA ex ices 10 / 1-72-01-1 ORDINANCE NO. 674 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, STATING AN INTENT, PURSUANT TO RCW 52.04.061 ET SEQ., TO ANNEX TO AND JOIN WHATCOM COUNTY FIRE DISTRICT NO. 1, AND MAKING A FINDING THAT THE PUBLIC INTEREST WILL BE SERVED THEREBY, AUTHORIZING THE MAYOR TO COORDINATE WITH THE FIRE DISTRICT ON THE FILING OF A NOTICE OF INTENTION WITH THE BOUNDARY REVIEW BOARD, AND NOTIFYING THE WHATCOM COUNTY COUNCIL OF THE INTENT TO ANNEX PENDING FAVORABLE DECISION BY THE BOUNDARY REVIEW BOARD. WHEREAS, the geographic area of the City of Nooksack lies outside the boundaries of Whatcom County Fire District No. 1; and WHEREAS, the City of Nooksack currently contracts with Whatcom County Fire District No. lto provide fire protection and emergency medical services to the citizens ofNooksack; and WHEREAS, the City of Nooksack and Whatcom County Fire District No. 1 have engaged in discussion concerning the potential annexation of the City to the Fire District; and WHEREAS, the City Council desires to initiate the process described in RCW 52.04.061 et seq. for annexation of the City to the Fire District; now, therefore, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF NOOKSACK, WASHINGTON, as follows: SECTION 1: Intent to Annex / Finding of Public Interest. The City Council hereby states its intent to have the City annex to and j oin Whatcom County Fire District No. 1, subject to approval by the Whatcom County Boundary Review Board and the voters of the City and the District. The City Council finds that annexation of the City to the District will serve the public interest of the citizens of Nooksack and the greater Nooksack area. The Board of Commissioners of Whatcom County Fire District No. 1 is hereby requested to concur in the annexation and to notify the Whatcom County Council so that an election may be called on the question, pending a favorable decision by the Whatcom County Boundary Review Board. SECTION 2: Notice of Intention. The Mayor or his designee is hereby authorized to coordinate with Whatcom County Fire District No. 1 to file a Notice of Intention with the Whatcom County Page 1 Boundary Review Board seeking annexation of the City to the Fire District. The Mayor is further authorized to take all necessary steps to pursue approval of the annexation by the Boundary Review Board in coordination with the Fire District. SECTION 1 Scverability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, or unconstitutional, such decision shall not effect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause or phrase thereof, separately and independently and, in the event that any one or more sections, subsections, sentences, clauses or phrases may later be declared invalid or unconstitutional, then any ordinance or ordinances, or parts thereof, amended or repealed by such portion of this Ordinance shall remain in full force and effect. SECTION 4: This Ordinance shall take effect and be in force from after five (5) days after passage, approval, signing, and publication/posting, as provided by law. PASSED by a majority of the whole membership of the City Council of the City of Nooksack, Washington, and there signed and approved by its Mayor, at a regular meeting of said Council held this 6f" day of ber, 2014. ATTEST: UINIA ARNASON, City Clerk Page 2 CITY OF NOOKSACK, WASHINGTON I S. C RMA , Mayor APPROVED AS TO FORM: THOM . RYER, City Attorney