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Home My WebLink About1992 - Fire Protection District 14 Proposed Annexation (Annexed by County Council August 11, 1992) - June 1992AUDITOR'S OFFICE County Courthouse - 311 Grand Ave. P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY June 8, 1992 THIS IS TO CERTIFY that the petition for annexation of certain territory to Fire Protection District No. 14 contains the signatures of more than sixty percent (60%) of the property owners within the territory proposed to be annexed. A sufficiency is therefore established. R.C.W. 52.04.011, provides for the annexation of such territory without an election upon acceptance by the Fire Protection District Commissioners. Shirley F rslof Whatcom County Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAY (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 676-7727 11� e 5 t' �� e AUDITOR'S OFFICE County Courthouse - 311 Grand Ave. P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY Mr. Robert F. Stoops, Jr. 1514 Sycamore St. Bellingham, Wa. 98225 Date: June 1, 1992 Dear Mr. Stoops, We have in our possession the petition to annex properties to Fire District 14 which you submitted on June 1st. The basis of the petition and map are fine. The only problem is that as your petition states you are petitioning the commissioners of the district. The law requires that we validate the signatures and then transmit the certified petition to the County Legislative Authority for final approval. However it is with the concurrence of the fire district commissioners. There is no indication on the petition that they have ever seen this proposal so rather than you repeating steps would you have the district commissioners write the Auditor a letter stating that they also request the annexation of this territory then we can proceed with the signature validation. If you have any questions please call me at 676-6742. �;e- Pete Griffin Election Supervisor for Shirley Forslof Whatcom County Auditor cc: Shirley Forslof Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 676-7727 1�4i��I. �� AUDITOR'S OFFICE County Courthouse - 311 Grand Ave. P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY June 8, 1992 Robert F. Stoops, Jr. 1514 Sycamore Street Bellingham, WA 98225 Dear Mr. Stoops, Enclosed please find a copy of the Auditor's Certificate of Sufficiency of the annexation petition to Fire Protection District No. 14. R.C.W. 52,04.031, provides that such petition be signed by not less than sixty percent of the owners of the area of land included in the annexation petition. Enclosed are three pages of the R.C.W., Chapter 52.04, (Annexation). Sincerely, Shirley orslof Whatcom County Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAY. (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 676-7727 14144i��W— e;e� AUDITOR'S OFFICE County Courthouse - 311 Grand Ave. P.O. Box 398 Bellingham, WA 98227-0396 SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY iwa RECEIVED this 1st day of June , 1992 from Robert F Stoops -of 1514 Sycamore St, Bellingham, WA 98225, a petition to annex certain properties near Kendal Fire Station into Whatcom County Fire Protection District 14. The petition is accompanied by 2 maps. Robert F Stoops, J)� 1514 Sycamore St Bellingham WA 98225 Phone: 733-9020 647-4870 Carol Ebergson, Ele ion Deputy Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 676-7727 A PETITION TO ANNEX CERTAIN PROPERTIES NEAR THE KENDALL FIRE STATION TO WHATCOM COUNTY FIRE PROTECTION DISTRICT 14 We the undersigned, being residents of Whatcom County, State of Washington, and legal owners of land within the territory described below, do hereby petition the District 14 Commissioners to incorporate this territory within their district. We petitioners believe that extending the boundaries of District 14 shall be conducive to the public safety, welfare, and convenience and will be a benefit to the property of the annexed territory. Station 2, known as the Kendall Fire Department of District 14 is located in close proximity to the annexed area and will provide the facilities and services needed to protect property and lives in the area. We understand that county property tax will be increased in the amount of the Fire District Levy and bond repayment obligation (the amount of taxes for 1992 in District 14 is $1.23 per $1,000 of assessed value for the regular levy and bond issued by the district), and that unimproved lands may be exempt under state law if they meet certain conditions. I have personally signed this petition. I am the legal owner of land within the territory described below as proposed for annexation and my legal residence is correctly stated. LEGAL DESCRIPTION OF THE AREA PROPOSED FOR ANNEXATION The Southeast 1/4 of the Northeast 1/4 of Section 4, Township 39 and Range 5 East of W. M. situate in Whatcom County, Washington. 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C.LQvQ- 1 _ LAND 0 aOCwAJt/A 1: , a3 5 I L1 NAARD M, a'aca - -. 1O ' ! STATE 0. 7p.onac S.U. rl "'1 STAT=�FORES�I �/r VG �� ul to f4 z / _ R. UFKES xJw,,� ' J at d z BD. STATc .Sf1 ST[R Al at• V r s t J1 L '` a w•,asa 1 /1 f _ R.•61. 1.� i��r. A TrE / Q fIIIMINI i rl ELGE aEh 43.79 W U 0Jt i �laJ+ e�EYC I'67 ETA-G \a C / . �CO �- PAPER CO. U a� U .r ar/,6 \ STATE 4 a — 1�0� n c�nT�o�n=o 4 �L F 7- V1% 6 177,7 rcl-- 4-1 a-7 Oz F OF -.Lz TI % n Tl A.1 Nir, �- -,/ =V11 -7 Tj 6A V-0 4�N tc7 17ZV Annexation lands or any portion of the lands described in the peti- tion, and any lands added thereto by petition of those interested, will be benefited and that the formation of the district will be conducive to the public safety, wel- fare, and convenience, it shall make a finding by resolu- tion; otherwise it shall deny the petition. The county legislative authority shall consider only those areas lo- cated within the county when considering the petition. If the county legislative authority approves the petition, it shall designate the name and number of the district, fix the boundaries of the district that are located within the county, and direct that an election be held within the proposed district for the purpose of determining whether the district shall be organized under this title and for the purpose of the election of its first fire commissioners. Where a proposed fire protection district is located in more than a single county, the fire protection district shall be identified by the name of each county in which the proposed fire protection district is located, listed al- phabetically, followed by a number that is the next highest number available for a fire protection district in the one of these counties that has the greatest number of fire protection districts. An election on a proposed fire protection district that is located in more than one county shall not be held unless the proposed district has been approved by the county legislative authorities, or boundary review boards, of each county within which the proposed district is located. [1989 c 63 § 5; 1984 c 230 § 6; 1939 c 34 § 6; RRS § 5654-106. Prior: 1933 c 60 § 3. Formerly RCW 52.04.070.1 52.02.080 Election. The election on the formation of the district and to elect the initial fire commissioners shall be conducted by the election officials of the county or counties in which the proposed district is located in accordance with the general election laws of the state. This election shall be held at the next general election date, as specified under RCW 29.13.020, that occurs forty—five or more days after the date of the action by the boundary review board, or county legislative author- ity or authorities, approving the proposal. [1989 c 63 § 6; 1984 c 230 § 7; 1939 c 34 § 7; RRS § 5654-107. Formerly RCW 52.04.080.1 Elections: Title 29 RCW. 52.02.110 Declaration of election results —Reso- lution. If three —fifths of all the votes cast at the election were cast in favor of the ballot proposition to create the proposed fire protection district, the county legislative authority of the county in which all, or the largest por- tion of, the proposed district is located shall by resolu- tion declare the territory organized as a fire protection district under the name designated and shall declare the candidate for each fire commissioner position who re- ceives the highest number of votes for that position to be an initial fire commissioner of the district. [1989 c 63 § 7; 1984 c 230 § 10; 1941 c 70 § 2; 1939 c 34 § 10; Rem. Supp. 1941 § 5654-110. Formerly RCW 52.04.110.] 52.02.140 Appeal. Any person or entity having a substantial interest and feeling aggrieved by any finding, 52.04.011 determination, or resolution of the county legislative au- thority in the proceedings for the organization of a fire protection district under this title, may appeal within five days after the action of the county legislative au- thority to the superior court of the county, in the same manner as provided by law for appeals from the orders and determinations of the county legislative authority. [1984 c 230 § 13; 1939 c 34 § 13; RRS § 5654-113. Formerly RCW 52.04.140.] Appeal from boards action: RCW 36.32.33a 52.02.150 Organization conclusive. After the expira- tion of five days from the approval of the resolution of the county legislative authority declaring the district to be organized, and the filing of the certified copies of the resolution of the county legislative authority with the county auditor and the county assessor, the creation of the district is complete and its legal existence cannot thereafter be questioned by any person by reason of a defect in the proceedings for the organization of the dis- trict. [1984 c 230 § 14; 1939 c 34 § 14; RRS § 5654- 114. Formerly RCW 52.04.150.] Chapter 52.04 ANNEXATION Sections 52.04.001 Actions subject to review by boundary review board 52.04.011 Annexation of territory by election method —Proce- dure —Indebtedness —Election dispensed with, when. 52.04.021 Annexation by petition method —Alternative to elec- tion method. 52.04.031 Annexation by petition method —Petition —Sign- ers —Content. 52.04.041 Annexation by petition method —Hearing —Notice. 52.04.051 Annexation by petition method —Resolution providing for annexation. 52.04.056 Withdrawal or reannexation of areas. 52.04.061 Annexation of contiguous city or town —Procedure. 52.04.071 Annexation of contiguous city or town —Election. 52.04.081 Annexation of contiguous city or town —Annual tax levies Limitations. 52.04.091 Additional territory annexed by city to be part of district. 52.04.101 Withdrawal by annexed city or town —Election. 52.04.11 1 Annexation of city or town —Transfer of employees. 52.04.121 Annexation of city or town —Transfer of employ- ees —Rights and benefits. 52.04.131 Annexation of city or town —Transfer of employ- ees —Notice —Time limitation. 52.04.141 Annexation of contiguous territory not in same county. 52.04.151 Annexation of territory not in same county —District name. - 52.04.001 Actions subject to review by boundary re- view board. Actions taken under chapter 52.04 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 42.] 52.04.011 Annexation of territory by election method —Procedure Indebtedness —Election dis- pensed with, when. (1) A territory contiguous to a fire protection district and not within the boundaries of a (1989 Ed.) [Title 52 RCW—p 31 52.04.011 Title 52 RCW: Fire Protection Districts city, town, or other fire protection district may be an- nexed to the fire protection district by petition of fifteen percent of the qualified registered electors residing within the territory proposed to be annexed. Such con- tiguous territory may be located in a county or counties other than the county or counties within which the fire protection district is located. The petition shall be filed with the fire commissioners of the fire protection district and if the fire commissioners concur in the petition they shall file the petition with the county auditor of the county within which the territory is located, If this terri- tory is located in more than one county, the original pe- tition shall be Filed with the auditor of the county within which the largest portion of the territory is located, who shall be designated as the lead auditor, and a copy shall be filed with the auditor of each other county within which such territory is located. Within thirty days after the date of the filing of the petition the auditor shall ex- amine the signatures on the petition and certify to the sufficiency or insufficiency of the signatures. if this ter- ritory is located in more than one county, the auditor of each other county who receives a copy of the petition shall examine the signatures and certify to the lead au- ditor the number of valid signatures and the number of registered voters residing in that portion of the territory that is located within the county. The lead auditor shall certify the sufficiency or insufficiency of the signatures. After the county auditor has certified the sufficiency of the petition, the county legislative authority or au- thorities, or the boundary review board or boards, of the county or counties in which such territory is located shall consider the proposal under the same basis that a proposed incorporation of a fire protection district is considered, with the same authority to act on the pro- posal as in a proposed incorporation, as provided under chapter 52.02 RCW. If the proposed annexation is ap- proved by the county legislative authority or boundary review board, the board of fire commissioners shall adopt a resolution requesting the county auditor to tali a special election, as specified under RCW 29.13.020, at which the ballot proposition is to be submitted. No an- nexation shall occur when the territory proposed to be annexed is located in more than one county unless the county legislative authority or boundary review board of each county approves the proposed annexation. (2) The county legislative authority or authorities of the county or counties within which such territory is lo- cated have the authority and duty to determine on an equitable basis, the amount of any obligation which the territory to be annexed to the district shall assume to place the property owners of the existing district on a fair and equitable relationship with the property owners of the territory to be annexed as a result of the benefits of annexing to a district previously supported by the property owners of the existing district. If a boundary review board has had its jurisdiction invoked on the pro- posal and approves the proposal, the county legislative authority of the county within which such territory is lo- cated may exercise the authority, granted in this subsec- tion and require such an assumption of indebtedness. This obligation may be paid to the district in yearly benefit charge installments to be fixed by the county legislative authority. This benefit charge shall be col- lected with the annual tax levies against the property in the annexed territory until fully paid. The amount of the obligation and the plan of payment established by the county legislative authority shall be described in general terms in the notice of election for annexation and shall be described in the ballot proposition on the proposed annexation that is presented to the voters for their ap- proval or rejection. Such benefit charge shall be limited to an amount not to exceed a total of fifty cents per thousand dollars of assessed valuation: Provided, how- ever, That the special election on the proposed annex- ation shall be held only within the boundaries of the territory proposed to be annexed to the fire protection district. (3) On the entry of the order of the county legislative authority incorporating the territory into the existing fire protection district, the territory shall become subject to the indebtedness, bonded or otherwise, of the existing districttiifWt p7-petitioaf.is,signe4, by; ixiy,•perce t3of.thq; qualified registered electors: residing within the territo proposed.�ta be annexed, and- if thd- board.. of ficslcomx missioners concur,, an,; election .im. the: Territory and -a' hearingion, the petition shall be,dispensed: with.;and:th county legislative authority. shall enter its Prder incorpo-. rating the territory- into the existing. fire protection -disc trio_ [1989 c'63 § 8; 1934 c 230 § 22; 1973 Ist ex.s. c 195 § 49; 1965 ex.s. c I8 § 1; 1959 c 237 § 3; 1947 c 254 § 5; 1945 c 162 § 2; 1941 c 70 § 3; item. Supp. 1947 § 5654-116a. Formerly RCW 52.08.060.] Severability—Effective dates and termination dates---Construe- tion-1973 lst exs. c 195: See notes following RCW 84.52.043. 52.04.021 Annexation by petition method Alter- native to election method. The method of annexation provided for in RCW 52.04.031, 52.04.041, and 52.04- .051 shall be an alternate method to that specified in RCW 52.04.011. [1984 c 230 § 23; 1965 c 59 § 1. For- merly RCW 52.08.065.1 52.04.031 Annexation by petition method—Peti- tion----Signers—Content. A petition for annexation of an area contiguous to a fire district shall be in writ- ing, addressed to and filed with the board of fire com- missioners of the district to which annexation is desired. Such contiguous territory may be located in a county or counties other than the county or counties within which the fire protection district is located. It mast be signed by the owners, according to the records of the county auditor or auditors, of not less than sixty percent of the area of land included in the annexation petition, shall set forth a legal description of the property and shall be ac- companied by a plat which outlines the boundaries of the property to be annexed. The petition shall state the financial obligation, if any, to be assumed by the area to be annexed. [1989 c 63 § 9; 1984 c 230 § 24; 1965 c 59 § 2. Formerly RCW 52.08.066.1 52.04.041 Annexation by petition method —Hear- ing Notice. If the petition for annexation filed with jritle 52 RCW—p 41 (1999 Ed.) Annexation 52.04.061 the board of commissioners complies with the require- ments of law, the board may accept the petition, fix a date for public hearing, and publish notice of the hear- ing in a newspaper of general circulation in the area proposed to be annexed and also post the notice in three public places within the area proposed for annexation. The notice shall specify the time and place of the hear- ing and invite interested persons to attend. The expense of publication of the notice shall be paid by the district. [1984 c 230 § 25; 1965 c 59 § 3. Formerly RCW 52.08.067.] 52.04.051 Annexation by petition method Reso- lution providing for annexation. After the hearing, the board of fire commissioners shall determine by resolu- tion whether the area shall be annexed. It may annex all or any portion of the proposed area but may not include in the annexation property not described in the petition. The proposed annexation shall be subject to action by the county legislative authority, as provided under RCW 52.04.011, to the same extent as if the annexation were done under the election method of annexation. If the area proposed to be annexed under this procedure is re- duced, the annexation shall occur only'if the owners of not less than sixty percent of the remaining area have signed the petition. After adoption of the resolution a copy shall be filed with the county' legislative authority or authorities within which the territory is located. [1989 c 63 § 10; 1984 c 230 § 26; 1965 c 59 § 4. Formerly RCW 52.08.068.] 52.04.056 Withdrawal or reannexation of areas. (1) As provided in this section, a fire protection district may withdraw areas from its boundaries, or reannex areas into the fire protection district that previously had been withdrawn from the fire protection district under this section. (2) The withdrawal of an area shall be authorized upon: (a) Adoption of a resolution by the board of fire commissioners requesting the withdrawal and finding that, in the opinion of the board, inclusion of this area within the fire protection district will result in a reduc- tion of the district's tax levy rate under the provisions of RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority or authori- ties of the county or counties within which the area is located approving the withdrawal, if the area is located outside of a city or town. A withdrawal shall be effective at the end of the day on the thirty—first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be estab- lished immediately upon the adoption of the second resolution. The authority of an area to be withdrawn from a fire protection district as provided under this section is in addition, and not subject, to the provisions of RCW 52.04.101. The withdrawal of an area from the boundaries of a fire protection district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the fire protection dis- trict existing at the time of the withdrawal. (3) An area that has been withdrawn from the boundaries of a fire protection district under this section may be reannexed into the fire protection district upon: (a) Adoption of a resolution by the board of fire com- missioners proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legisla- tive authority or authorities of the county or counties within which the area is located approving the reannexation, if the area is located outside of a city or town. The reannexation shall be effective at the end of the day on the thirty—first day of December in the year in which the adoption of the second resolution- occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established imme- diately upon the adoption of the second resolution. Ref- erendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority or authorities, within a thirty —day period after the adoption of the second resolution, which, petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area. If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the reso- lutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next special election date speci= fied in *RCW 29.13.020 that occurs forty—five or more days after the petitions have been validated. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. [1989 c 63 § 11; 1987 c 138 § 3.] *Reviser's note: As enacted by 1987 c 138 § 3, this section contained an apparently erroneous reference to RCW 29.13.030, a section re- pealed in 1965. Pursuant to RCW 1.08.015, this reference has been changed to RCW 29.13.020, a later enactment of the section repealed. 52.04.061 Annexation of contiguous city or town Procedure. A city or town lying contiguous to a Fire protection district may be annexed to such district if at the time of the initiation of annexation the population of the city or town is 100,000 or less. The legislative au- thority of the city or town may initiate annexation by the adoption of an ordinance stating an intent to join the fire protection district and finding that the public inter- est will be served thereby. If the board of fire commis- sioners of the fire protection district shall concur in the annexation, notification thereof shall be transmitted to the legislative authority or authorities of the counties in which the city or town and the district are situated. [1985 c 313 § 1; 1979 ex.s. c 179 § 1. Formerly RCW 52.04.170.] (1989 Ed.) [Title 52 RCW—p 51