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1986 - Fire Protection District 15 Annexation May 15, 1986
Mailed to: William A. Black Supt. B. I.A. Puget Sound Agency 3006 Colby Ave. Everett, Wa 98201 258-2651 LARRY G. KINLEY Chairman WILLIAM E. JONES Vice Chairman JAMES H WILSON Secretary GERALD I JAMES Treasurer JAMES M. ADAMS Councilman SAMUEL M CAGEY Councilman RON FINKBONNER Councilman ERNEST J. JEFFERSON Councilman EDWARD L JONES Councilman FRED F LANE Councilman VERNON A LANE Councilman LUMMI INDIAN BUSINESS COUNCIL 2616 KWINA RD. ■ BELLINGHAM, WASHINGTON 98226-9298 • (206) 734-8180 DEPARTMENT: Administration EXT. June 3, 1985 Mr. Kelly, Fire Chief Gooseberry Point Fire Department 2500 McKenzie Road Bellingham, WA 98226 Dear Mr. Kelly: With reference to my telephone inquiry earlier concerning the fire coverage of homes immediately north of the tribal compound, I am submitting a resolution by the Lummi Indian Business Council, plus a petition by all concerned home owners. These two documents are requesting that you please extend your fire protection services to the home as per the attached map. WEJ/FK:kg Sincerely, AA e William E. Jo es Vice Chairman Lummi Indian Business Council LUMMI INDIAN BUSINESS COUNCIL 2616 KWINA RD. • BELLINGHAM. WASHINGTON 98226-9298 • (206) 734-8180 DEPARTMENT: EXT. LARRYG KIN LEY ChairmanRESOLUTION #85-19 of the Lummi Indian Business Council WILLIAM E JONES Vice Chairman JAMES H WILSON WHEREAS the Lummi Indian Business Council is the duly constituted Secretary governing body of the Lummi Indian Reservation by the authority GERALDI JAMES treasurer of the Constitution and By -Laws of the Lummi Tribe as approved JAMESM ADAMS on April 10, 1970, by the Assistant Commissioner of Indian Cou Councuman Affairs; and, SAMUEL M CAGEY Councilman RONFINKBONNER WHEREAS a Petition signed by 26 tribal members was presented Councilman to the Council requesting that their homes be covered by either - ERNESTJ JEFFERSON Councilman the Gooseberry Fire Station, Marietta Fire Station, Or Ferndale Fire Station;'and, EDWARD L JONES Councilman FREDF LANE C uuncdn uui WHEREAS the homes of the 26 tribal members are not presently VERNON A LANE Ii fiun Ullnarl included in any of the fire districts, �- , NOW THEREFORE BE IT RESOLVED that the Lummi Indian Business Council hereby requests that the homes presented on the attached map be included in the Gooseberry Fire District; and, BE IT FURTHER RESOLVED that the Chairman (Vice Chairman in his absence) make the necessary arrangements to secure fire district coverage for the homeowners immediately; and, BE IT FURTHER RESOLVED that the Chairman (Vice Chairman in his absence) is hereby authorized and directed to execute this resolution and any documents connected herewith; and the Secretary is authorized and directed to sign the following certification. Lummi Indian Tribe v� Chairman, (Vice Chai man LUMMI INDIAN BUSINESS COUNCIL CERTIFICATION As Secretary of the Lummi Indian Business Council, I hereby certify that the above resolution was reviewed at a regular special meeting of the council held on the � day of -� �r 1985, at which time a quorum of was present and said resolution was adopted by a vote of FOR AGAINST and/or _ 0 Abstention(s) retary, Lummi Indian Business Council L UM i1/ IN DI A N RESERVATION WHATCOM COUNTY FIRE DISTRICT 15 I wv�• J � F 1 , I a 1500 �j at • 4400 J• • I a f II — 5 H • _ - 4200 4100 • � I EDDD N A r ■ ■ I 3900 L AQ UACU L T U A E DIKE ; 1 3900 HAMER RO- ` f ` 3700 I • t s 1 0� I •• � � 3600 • NTON �0 * I ROBERTSON RD I 7500 I; * � 3400 3300 • [ 'A B r R �D A e SUNSET WAY I .j 3200 -- --• E dNTY Ito �DR 3100 �} HARBOR LN SNOREWQOD I.N. 3000 NORTH GATE E l0 LEEWARD WAY 0 M F i �+ 7 2900 SOUTH GATE r T I f 2Boo /0 h / \ � r ='rACNENz IE RO `m+{ 1 � 2700 `t VELMA _ F GIRL srAr�aN w 9 Err, + 2600 RUTH "on ' GOOSE �A�(} 40 !1 2 I ..Yti►� / zaoo \ 1300 I ■ / �� V BAy IN 2200 1�\ STAL AVE V 2300-- 1 2000� ' '•\ ; t11 \\ 1 ` '1 v \ �� . PO/NI FRANC15 41 L, * ,ArWAE c PAUL 0- C'Nur�N Jjt1 5 A NFS �V�r1CrlYr /Nis/aNts-] rFC 40. t JEvw• ,TAMES • - * � � D�.� �S ` �� �R't' W t � IDOW S g�D oad n �� a CS Scott Rod n - - Ri FAi- $L06 S, l ;"LUMMI INDIAN BUSINESS COUNCIL e 2616 KWINA RD. • BELLINGHAM, WASHINGTON 98226-9298 a (206) 734-8180 DEPARTMENT: Administration _ EXT. 224 t LARRY G KINLEY Chairman WILLIAM E JONES December 5, 1985 Vice Chairman JAMES H WILSON Secretary GERALDI JAMES Shirley Forslof Treasurer Whatcom Co. Auditor's Office JAMESMS CouM. Councilman P.O. BOX 398 cilmanman SAMUELM.CAGEY Bellingham, WA 98227-0398 Councilman RON FINKBONNER Councilman Dear Ms. Fors to f : ERNESTJ JEFFERSON Councilman Enclosed are two signed registration cards for: EDWARD L JONES Councilman FREDF LANE Jewell P. W. James Councilman Sharon A. Scott VERNON A LANE Councilman who reside in the area that we are trying to get covered by the Whatcom County Fire District #15 Gooseberry Point. Also enclosed are three cards for people that were registered in this area but are deceased: Hope Martin Elizabeth Martin Mildren I. Jones I will be calling you in two weeks in hopes of getting a more current list of actual people living in this area. Thank you. Sincerely, d, , " - �-' Kristine George �J Administration KG LUMMI INDIAN BUSINESS COUNCIL 2616 KWINA RD. e BELLINGHAM, WASHINGTON 98226-9298 a (206) 734-8180 DEPARTMENT: EXT, LARRYG KIN LEY Chairman RESOLUTION #85-19 of the Lummi Indian Business Council WILLIAM E JONES Vice Chairman WHEREAS the Lummi Indian Business Council is the duly constituted JAMES H. SecretarylLSON governing body of the Lummi Indian Reservation by the authority GERALDI JAMES of the Constitution and By -Laws of the Lummi Tribe as approved Treasurer on April 10, 1970, by the Assistant Commissioner of Indian JAMESM ADAMS Councilman Aars, and, Affairs; SAMUEL M CAGEY Councilman WHEREAS a petition signed by 26 tribal members was presented RONFINR Councilman Councilman to the Council requesting that their homes be covered by either ERNESTJ JEFFERSON the Gooseberry Fire Station, Marietta Fire Station, or Ferndale Councilman Fire Station; and, EDWARD L JONES Councilman FREDFLANE WHEREAS the homes of the 26 tribal members are not presently Councilman included in any of the fire districts, VERNON A LANE Councilman NOW THEREFORE BE IT RESOLVED that the Lummi Indian Business Council hereby requests that the homes presented on the attached map be included in the Go3ase5ezry Fire District; and, BE IT FURTHER RESOLVED that the Chairman (Vice Chairman in his absence) make the necessary arrangements to secure fire district coverage for the homeowners immediately; and, BE IT FURTHER RESOLVED that the Chairman (Vice Chairman in his absence) is hereby authorized and directed to execute this resolution and any documents connected herewith; and the Secretary is authorized and directed to sign the following certification. Lummi Indian Tribe Chairman, (Vice Chai man LUMMI INDIAN BUSINESS COUNCIL CERTIFICATION As Secretary of the Lummi Indian Business Council, I hereby certify that the above resolution was reviewed at a regular�j � special meeting of the council held on the _a day of rcf'1 , 1985, at which time a quorum of was present and said resolution was adopted by a vote of FOR AGAINST and/or Abstention(s). retary, Lummi Indian Business Council A PETITION We, the undersigned home owners, live in an area of the Lummi Indian Reservation which is not covered bv either the Gooseberry Fire District, the Marietta District or the Fern- dale District. It is our firm desire that we be included in the Gooseberry Fire District and hereby petition the Lummi Indian Business Council to Dlease make the necessary arrange- ments to have our homes included in this district. Home Owner l Address A/ i C 2. LL _2 te 3. LEV 4. 5. 6. 7. 8. jq 9 4;Zq7 L4')7'1/3v_ 10. 17 e.5 12. /Mv, 13. 14. .01 3A,(L A`L �� �!��r %T /� /MCP 16, �; Z/ 17. is. IVA_ 2 0. Q L/ 3 Date Submitted to LIBC A PETITION We, the undersigned home owners, live in an area of the Lummi Indian Reservation which is not covered bv_ either the Gooseberry Fire District, the Marietta District or the Fern- dale District. It is our firm desire that we be included in the Gooseberry Fire District and hereby petition the Lummi Indian Business Council to olease make the necessary arrange- ments to have our homes included in this district. Home Owner Address T1 3. i 4. 5 . 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Date Submitted to LIBC i L, 7 �� RA PYAE c PAuL v` C,4 a rt�N �"IF�r'ICr1Yr /N/SiaNcS� ►3 ► Jew J'AMES *� aa��{,�� �i►R� �� 1 Oil r r' ** i' 14 V V Scott Rood --X J Hom E-5 M - TRi PAL .01-0 r 5, WHATCOM COUNTY FIRE PROTECTION DIST. # 15 GOOSEBERRY POINT 2147 LUMMI SHORE RD. BELLINGHAM, WASHINGTON 98225 758-2430 July 15, 1985 RESOLUTION # 45 l'� I �?ROTECTED � � 'y:-�r�L;T'- ,j F-TIE L11zT!-:I'�m: ' is can unprotected area br��W��ri /hatCOiTI �'OLli1�'_>' V11e District 115 and Whatcom County Fire Di-trict 47, and WHERE S• The Lum_mi Indian: Business Council has adopter- Resolution -�' rsgi.e,s ing com ounty T15 ro T;H:]REAS: a 7etition signed by 26 persons requesting to be included in said Fire District, NOW, THEREIFORE, BE IT RESOLVED that Whatcom County Fire District -15 requests that the following area be included within the bounds of said Fire District, r • •� . ., ��, G " ..., � � V}. s sir �— � U ..-..._. 1 rlwj—. 'IQ;,T 't�achment for !et -al d.i scription of a ---ea, -10 proceed This 29th day of July 1985 By the 73oard of Fire Commiss- ioners for Whatcom County Fire Protection District :T 15, di Chiii r an ZI riTTEST: Secretary -z _e 2Z ddrfffliS- S'i Her omme ss:mner The North 2 of the South 2, and the �Jorth 2 of Section 7, Township 38 North, Range 2 East of W.M.; The South 2 of the North 2 of Section 1, Township 38 North, Range 1 East of W.M.; The South 2 of Section 1, Township 38 North, Range 1 East of W.M.; The South 2 of the North 2 of Section 6, Township 38 North, Range 2 East of W.M.; The South 2 of Section 6, Township 38 North, Range 2 East of W.M.; The North 2 of the of the Southeast 4, and the Northeast 4 of Section 11, Township 38 North, Range 1 East of W.M.; Government Lots 8, 9, 11, 20, and 21, and the Southeast 4 of the Northeast 4 of Section 2, Township 38 North, Range 1 East of W.M.; The North 2, and the North 2 of the South 2 of Section 12, Township 38 North, Range 1 East of W.M.; A11 situate in Whatcom County, Washington. AN ORDER OF THE WHATCOM COUNTY COUNCIL ANNEXING CONTIGUOUS TERRITORY TO FIRE DISTRICT #15 WHEREAS, R.C.W. 52.04.011 allows territory contiguous to a fire protection district and not within a city, town, or other fire protection district to petition the district for annexation and; WHEREAS, if the petition is signed by sixty percent (60%) or more of the qualified registered electors residing within the territory proposed to be annexed, and if the Board of Commis- sioners of the fire district concurs with the petition, the territory is allowed to be annexed to the district without the requirements of either a special election or a public hearing and; WHEREAS, Fire District #15, Gooseberry Point, has been petitioned to annex some adjoining property, which petition was signed by more than sixty percent (607o) of the qualified electors residing within that territory, as certified by the Whatcom County Auditor, and further, the Commissioners of the Fire District #15 have concurred in the petition for annexation, and; WHEREAS, the Whatcom County Council, having found the above facts to be true, does hereby agree to issue said Order annexing the below referenced property to Fire District #15 without having either a special election or a public hearing in conformity with R.C.W. 52.04.011, NOW, THEREFORE, IT IS HEREBY ORDERED THAT: The following property legally described as: The North j of the South J, and the North � Section 7, Township 38 North, Range 2 East of W.M.; the South � of the North of Section 1, Township 38 North, Range 1 East of W.M.; the South 2 of Section 1, Township 38 North, Range 1 East of W.M.; the South I of the North � of Section 6, Township 38 North, Range 2 East of W.M.; the South 2 of Section 6, Township 38 North, Range 2 East of W.M.; the North of the Southeast j and the Northeast of Section 11, Township 38 North, Range 1 East of W.M.; Government lots 8, 9, 11; 20, and 21, and the Southeast J of the Northeast j of Section 2, Township 38 North, Range 1 East of W.M.; the North j and the North 2 of the South z of Section 12, Township 38 North, Range 1 East of W.M.; all situate in Whatcom County, Washington, is hereby annexed into and shall become a part of Fire District #15 and shall become entitled to benefits and responsible for liabilities equal with the other members of the existing district. DATED this 1st day of May , 1986. WHATCOM COUNTY COUNCIL WHATCOM COUN`PY�, WASHINGTON nald G, a •e ATTEST: -- Chairman .j;L'1 AL t Carol Ebergson Clerk of the Council APPROVED AS TO FORM: Randall Watts Civil Depu y Prosecuting Attorney 11.'IA� P.O. Box 398, Bellingham, Washington 98227 A JOAN OGDEN, AUDITOR Phone 676.6740 March 7, 1986 THIS IS TO CERTIFY that the petition for annexation of certain territory to Fire Protection District No. 15 contains the signatures of more than sixty percent (60%) of the qualified registered electors residing 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. �cLt�tJ c� man Ogde Whatcom County Auditor Annexation 52.04.011 138. Prior: 1933 ex.s. c 60 § 3. Formerly RCW 52.04.090.1 52.02.100 Canvass of election returns. The results of the election shall be canvassed by the canvassing board of the county and shall be transmitted to the county leg- islative authority. [1984 c 230 § 9; 1939 c 34 § 9; RRS § 5654-109. Formerly RCW 52.04.100.] 52.02.110 Declaration of election results —Reso- lution. If three -fifths of all the votes cast at the election were cast for the proposition " - - _ - _ - - - - - County Fire Protection District No. - - - - - Yes," the county legisla- tive authority shall by resolution declare the territory organized as a fire protection district under the name designated and shall declare the three candidates receiv- ing the highest number of votes for fire commissioners the elected fire commissioners of the district. [1984 c 230 § 10; 1941 c 70 § 2; 1939 c 34 § 10; Rem. Supp. 1941 § 5654-110. Formerly RCW 52.04.110.] 52.02.120 Resolution to be filed with auditor and as- sessor. The clerk of the county legislative authority shall certify a copy of the resolution and file it with the county auditor and the county assessor. [1984 c 230 § 11; 1939 c 34 § 11; RRS § 5654-111. Formerly RCW 52.04.120.1 52.02.130 If proposition fails to carry. If the results of the election show that the proposition to organize the proposed fire protection district failed to receive three - fifths of the votes cast, the county legislative authority shall record this fact and the proposed district shall not be formed. [1984 c 230 § 12; 1947 c 254 § 4; 1939 c 34 § 12; Rem. Supp. 1947 § 5654-112. Formerly RCW 52.04.130.1 52.02.140 Appeal. Any person or entity having a substantial interest and feeling aggrieved by any finding, 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 52.04.140.1 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 52.04.011 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. 52.04.061 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. 52.04.101 Withdrawal by annexed city or town —Election. 52.04.011 Annexation of territory by election method —Procedure —Indebtedness —Election dis- pensed with, when. A territory contiguous to a fire pro- tection district and not within the boundaries of a city, town, or other fire protection district may be annexed to the fire protection district for the purpose of obtaining fire suppression and prevention services and emergency medical services, by petition of fifteen percent of the qualified registered electors residing within the territory proposed to be annexed. 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 who shall within thirty days after the date of the filing of the petition ex- amine the signatures on the petition and certify to the sufficiency or insufficiency of the signatures. After the county auditor has certified the sufficiency of the peti- tion, the proceedings by the county legislative authority and the rights, powers, and duties of the county legisla- tive authority, petitioners, and objectors, and the election and canvass of the election results shall be the same as in the original proceedings to form a fire protection dis- trict: Provided, That the county legislative authority has the authority and duty to determine on an equitable ba- sis, 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 eq- uitable relationship with the property owners of the ter- ritory to be annexed as a result of the benefits of annexing to a district previously supported by the prop- erty owners of the existing district. This obligation may be paid to the district in yearly benefit charge install- ments to be fixed by the county legislative authority. This benefit charge shall be collected 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 no- tice of election for annexation and such benefit charge shall be limited to an amount not to exceed a total of fifty cents per thousand dollars of assessed valuation: Provided, however, That the special election shall be held only within the boundaries of the territory proposed to be annexed to the fire protection district. On the entry (1985 Ed.) [Title 52 RCW—p 3] . V". 52.04.011 Title 52 RCW: Fire Protection Districts of the order of the county legislative authority incorpo- rating the territory into the existing fire protection dis- trict, the territory shall become subject to the indebtedness, bonded or otherwise, of the existing dis- trict. If the petition is signed by sixty percent of the qualified registered electors residing within the territory proposed to be annexed, and if the board of fire com- missioners concur, an election in the territory and a hearing on the petition shall be dispensed with and the county legislative authority shall enter its order incorpo- rating the territory into the existing fire protection dis- trict. [1984 e 230 § 22; 1973 1st ex.s. c 195 § 49; 1965 ex.s. c 18 § 1; 1959 c 237 § 3; 1947 c 254 § 5; 1945 c 162 § 2; 1941 c 70 § 3; Rem. Supp. 1947 § 5654-116a. Formerly RCW 52.08.060.] Severability—Effective dates and termination dates—Construc- tion-1973 1st ex.s. 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. Formerly RCW 52.08.065.] 52.04.031 Annexation by petition method Peti- tionigners—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 commis- sioners of the district to which annexation is desired. It must be signed by the owners, according to the records of the county auditor, 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 accompanied 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. [1984 c 230 § 24; 1965 c 59 § 2. Formerly RCW 52.08.066.] 52.04.041 Annexation by petition method —Hear- ing —Notice. If the petition for annexation filed with 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 52.08.067.1 52.04.051 Annexation by petition method Reso- lution providing for annexation. After the hearing, the board of commissioners shall determine by resolution 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. After adoption of the resolution a copy shall be filed [Title 52 RCW—p 41 with the county legislative authority. [1984 c 230 § 26; 1965 c 59 § 4. Formerly RCW 52.08.068.1 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.] 52.04.071 Annexation of contiguous city or town —Election. The county legislative authority or authorities shall by resolution call a special election to be held in the city or town and in the fire protection district at the next date provided in RCW 29.13.010 but not less than forty—five days from the date of the decla- ration of the finding, and shall cause notice of the elec- tion to be given as provided for in RCW 29.27.080. The election on the annexation of the city or town into the fire protection district shall be conducted by the au- ditor of the county or counties in which the city or town and the fire protection district are located in accordance with the general election laws of the state. The results thereof shall be canvassed by the canvassing board of the county or counties. No person is entitled to vote at the election unless he or she is a qualified elector in the city or town or unless he or she is a qualified elector within the boundaries of the fire protection district. The ballot proposition shall be in substantially the following form: "Shall the city or town of _ _ - - - - - - - _ be annexed to and be a part of - - - - - _ _ _ _ _ fire protection district? YES NO If a majority of the persons voting on the proposition in the city or town and a majority of the persons voting on the proposition in the Fire protection district vote in favor thereof, the city or town shall be annexed and shall be a part of the fire protection district. [1984 c 230.§ 16; 1979 ex.s. c 179 § 2. Formerly RCW 52.04.180.] Elections: Title 29 RCW. 52.04.081 Annexation of contiguous city or town Annual tax levies Limitations. The annual tax levies authorized by chapter 52.16 RCW shall be imposed throughout the fire protection district, including any city or town annexed thereto. Any city or town an" nexed to a Fire protection district is entitled to levy up to three dollars and sixty cents per thousand dollars of as- sessed valuation less any regular levy made by the fire protection district or by a library district under RCW 27,12.390 in the incorporated area: Provided, That the (1985 Ed.) P.O. Box 398, Bellingham, Washington 98227 JOAN OGDEN, AUDITOR Phone 676-6740 September 24, 1985 THIS IS TO CERTIFY that the petition for annexation of certain territory to Fire Protection District No. 15 contains the signatures of more than fifteen percent (157o) of the qualified registered electors residing within the territory proposed to be annexed. A sufficiency is there- fore established. R.C.W. 52.08.060 provides for the holding of a special election within the boundaries of the territory proposed to be annexed upon the acceptance of the Fire Protection District Commissioners and the Board of County Commissioners, or County Legislative Authority. an Ogd Whatcom County Auditor P.O. Box 398, Bellingham, Washington 98227 JOAN OGDEN, AUDITOR Phone 676.6740 M E M O R A N D U M DATE: Sept. 17, 1985 TO: Terry Lewis Civil Deputy FROM: Shirley Forslof Deputy Auditor RE: Annexation of Property to Fire Protection Dist. No. 15 Please review the Lummi Indian Business Council Res. No. 85-19 dated March 12, 1985 and a letter of Mr. Kelly Gooseberry Pt. Fire Chief. I have enclosed copies of R.C.W. 52,08.060 and 52.08.066. According to our records and the records of the Puget Sound Agency of the B.I.A. less than 607o of the land owners signed the petition, also less than sixty percent of the qualified registered electors residing in the proposed territory signed the petition, but more than fifteen percent. After reviewing the enclosed documents, would it be proper to certify as to the fifteen percent of registered voters. I would not usually ask you to review the attached papers, but the Lummi Indian Business Council is involved and accepted the signatures, even though many of the signatures are not of registered voters. r /.� C P.O. Box 398, Bellingham, Washington 98227 JOAN OGDEN, AUDITOR Phone 676.6740 February 11, 1986 THIS IS TO CERTIFY that the petition for annexation of certain territory to Fire Protection District No. 15 contains the signatures of more than sixty percent (60%) of qualified registered electors residing within the territory proposed to be annexed. A sufficiency is therefore established. R.C.W. 52.08.060 provides for the annexation of such territory without an election upon acceptance by the Fire Protection District Commissioners. .roan Ogdo Whatcom County Auditor LUMMI INDIAN BUSINESS COUNCIL 2616 KWINA RD. ® BELLINGHAM, WASHINGTON 98226-9298 • (206) 734-8180 DEPARTMENT: Administration February 6, 1986 LARRY G KINLEY Chairman WILLIAM E JONES Vice Chairman JAMES H WILSON Secretary Shirley Forslof GERALDI JAMES Auditors Office Treasurer P.O. Box 398 JAMES M ADAMS Councilman Bellingham, WA 98227 SAMUEL M. CAGEY Councilman Dear Ms. Forslof: RONFINKBONNER Councilman ERNESTJ.JEFFERSON Enclosed is the signed petition with 19 signatures. Councilman There were a total of 29 people we have 19 signatures EDWARD L. JONES Councilman which is over the 60% amount. FRED F LANE Councilman Three of the people listed at the Red River address VERNONA LANE Councilman have moved away. Two of the people on the Lummi Shore address who haven't signed have also moved away. Please advise how long this procedure will take and if there is anything else we need to do. Thank you for your cooperation. Sincerely, Kristine George Administration EXT A PETITION TO ANNEX CERTAIN PROPERTIES ON THE LUMMI INDIAN RESERVATION TO WHATCOM COUNTY FIRE DISTRICT #15 GOOSEBERRY POINT: PETITIONER'S SIGNATURE PRINT NAME ADDRESS DATE n �7 Mewl r.Lv, T f 4305 z 4373 WA 98248 tm mi Shore Rd Ferndale Lunrii Shore Rd,Ferndale -oZ.D 2�rS✓�n� rl. 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PETITION A Petition to annex certain properties on the Lummi Indian Reservation to Whatcom County Fire District 15 Gooseberry Point: Legal Description: The North 1/2 of the South 1/2, and the North 1/2 Section 7, Township 38 North, Range 2 East of W.M.; the South 1/2 of the North 1/2 of Section 1, Township 38 North, Range 1 East of W.M.; The South 1/2 of Section 1, Township 38 North, Range 1 East of W.M.; the South 1/2 of the North 1/2 of Section 6, Township 38 North, Range 2 East of W.M.; the South 1/2 of Section 6, Township 38 North, Range 2 East of W.M.; the North 1/2 of the Southeast 1/4 and the Northeast 1/4 of Section 11, Township 38 North, Range 1 East of W.M.; Government lots 8, 9, 11, 20, and 21, and the Southeast 1/4 of the Northeast 1/4 of Section 2, Township 38 North, Range 1 East of W.M.; the North 1/2 and the North 1/2 of the South 1/2 of Section 12, Township 38 North, Range 1 East of W.M.; all situate in Whatcom County, Washington. (See Map) We the undersigned being registered electors resident in the Gooseberry Point area proposed for annexation to Whatcom County Fire District #15, State of Washington do hereby petition the District 15 Commissioners to incorporate this territory within their district. We petitioners believe that extending the boundary of District 15 shall be conducive to the public safety, welfare, and convenience and will be a benefit to the property in the annexed territory. INSTRUCTIONS: Please read the petition carefully. If you are registered to vote in Whatcom County at an address within the territory to be annexed and if you approve, sign your name as you are registered. Mar- ried women sign "Mary Smith" not "Mrs. John Smith." All registered voters in each household may sign. INFORMATION: For further information, contact Marty Trecker at 2147 Lummi Shore Road, Bellingham, 758-2430. Note: Owners of fee patent land within the territory proposed for annexation. We under- stand that county property taxes will be increased in the amount of the fire district levy and bond repayment obligation. The amount of taxes for 1985 in District 15 is $1.00 per $1,000 of assessed valuation for the regular levy and $0.80756 per $1,000 of same for bonds issued by the District; unimproved lands may be exempt under State law if they meet certain conditions. I. �AtiNy �, ��CK ► �e,IF.7¢.VE� a�� 7 3, :')AV i D L t a Y, 31.10-5AeA 4 co r �, Ln `O F pu w © Y, d CO ta.! P z� %ry Q �� T'ZOO " �SCJ O Z - V i C Tp 0- /� A i PEE 3 ' I-)o vgLD AC-E " '? % Y - JAMtS '' 5✓ - PAT - t�of3ce-r �Eo2Gc `7 ' �ENLV /E�/c `/A�nE5 4:� 9 7 , 8 �TO.iJ 3OS� 9` A N G E 4 p C►Q Tlr'IE A .1CFFElZSvn/ '° �l5/`S`I GEONA4 DO �, •lE FFE"-50N Z THE 2.E5A J • -1 E FFEI45a„� t: VI'CTO2 A . IEFFEP-sOA) Y' EA,-L NE,- d (deceased) ! N E y G Kuu I t , 4 3 7 3( �4 -C/Nj m- KiNCEly '1-37-3 17 W e ygeD A. K (NLE/ ' 4 3 %S S: E V N IV. N LE/ 4/3 73 l - q R P-ELL W �N A eE 'I-Z 00 3 2-1� % NLOVOPFE -PLfl57L'� ` �5c'� ZZ.'�If!V!HA/ &I, ILLASTE�.� ( deceased) � � 3 3 -- - Fr 2 r N (deceased) - „� - '/� 5/_S(,-eu .23 added: Jewell P.W. James 'of zY Sharon Scott v 4/1Z� re W� C : P.O. Box 398, Bellingham, Washington 98227 Mr. William A. Black, Supt. Puget- Sound Agency Bureau of Indian Affairs 3006 Colby Ave. Everett, Wa 98201 Dear Mr. Black: _ - mac.. �u.�' �,•„'� ... JOAN OGDEN, AUDITOR Phone 676.6740 August 19, 1985 As per our telephone conversation of August 19th, I am enclosing a copy of Resolution #85-19 of the Lummi Business Council requesting annexation to Fire Protection Dist. No. 15 and a Resolution from the fire district accepting the annexation. I have also included section maps and list of property owners according to the records of the Whatcom County Assessor. The Assessor's office does not have records of the Indian property that is not on the Assessor's roll. , Please certify, according to your records, that the signa- tures requesting annexation to the fire district represent more than 60% of the area of land for which annexation is petitioned, or if less than 60%, the percentage of land. If you have any questions, please phone me at 676-6742. Your prompt attention to this matter will be appreciated. Sincerely, Shirley Forslof Election Deputy Whatcom County Auditor's Office P.O. Box 398, Bellingham, Washington 98227 Marty Trecker, Commissioner Fire Protection Dist. No. 15 2147 Lummi Shore Rd. Bellingham, WA 98226 Dear Marty: JOAN OGDEN, AUDITOR Phone 676.6740 February 11, 1986 Enclosed please find the auditor's Certificate of Sufficiency of more than 60% of the qualified registered electors within the proposed district to be annexed. R.C.W. 52.08.060 provides that should such petition be signed by sixty percent of the qualified registered electors residing'within the territory proposed to be annexed, and should the fire commissioners concur therein, an election in such territory and a hearing on such petition shall be dispensed with and the board of oauty commissioners or county legislative authority shall enter its order incor- porating such territory within the said existing fire protection district. The next step, if the district concurs with the annexation, is to contact the county council. Sincerely, Shirle Forslof Election Deputy CC: Kristine George Lummi Indian Business Council P.O. Box 398, Bellingham, Washington 98227 Mr. Marty Trecker, Commissioner Fire Protection District No. 15 2147 Lummi Shore Road Bellingham, Washington 98226 Dear Marty: J W'T JOAN OGDEN, AUDITOR Phone 676-6740 September 25, 1985 Enclosed please find the auditor's Certificate of Sufficiency of more than 1570 of the qualified registered electors within the proposed district to be annexed, a photocopy of R.C.W. 59.08.060 through 52.08.066 and Resolution 85-19 of the Lummi Indian Business Council and Resolution 45 of Whatcom County Fire Protection District 15. The next process is to contact the Council Council, who shall hold hearings and set the amount of ogligation which the territory to be annexed shall assume, if any. I have spoken to Mark Russell of the Lummi Indian Business Council regarding this petition and he indicated that he would be interested in registering the petitioners who are not registered and obtaining signatures of those registered voters equal to more than 607o of the electors residing in the area of the proposed annexation. It was impossible to within the area, as there of the property. Encls: certify ownership of property, are up to 400 owners of some Sincerely, Shirley Forslof Election Deputy ..-..-- - ---•_ ---PAGE .._ .. JOINS MAP 11 •Ip1H 'MAR 12 7 I OOM -• 70GW---.__—_ ; —E —_ ._ 21 U4u —17L10 1r 1300 �._____ 0iow E AI II II RP 5[H1U _ _���_ 1/ _ f 90p.W ts�W A W = Kell Rd �� Slater D f I Rd Skater I, Slater Rd LASE Ii11 y IFI;USC NUMBERING WEST ` •r � .�40 ICOP RG r49OO -b a,ty Kline Rd -- `IIORC LN — - — - - I. -}. - - Z�-__>Y {BEACH RR � t-- Ray Horst Al A4Iw 2 y.- — o b 5 H r 4 uAmwnru NoGERMAINE RG " 4 �"3 �lr i iver r-.�II x 3 _os52 Harlfn m� n a I f R Rd - ... It ..�-- q s �l AV i! o ho aQ a� rNorth r Sayth Red yv .t , } -- I -,�o a wrrur Ru `-` ? \' r` m J -o c e°� } EB a I ax Q `\ o sticu r PAEYOST ` ---yS11 p _ '•' "' I-`• T I1 ry 5tn = - INSH LRKES .` UPRU 51 LA RO-� _ I .V 9 F 11 0 12 2 10 i / 11 c ' $�' 4s ,lr sr u 10 r i Kell❑g Rd two) v BELLINGHAM r F{ }C. Kwina F Iro F Rn AIRPORT�. Rd Z-,k0rehe �-'w I� Prince•3 Rd N a- l 0r = .a 1 j U' RA as B : Cee SCHOOL - o =hs, Gauntry 3 Ln ry'� nW Bakerview Rd al --- rl BakerviBw a I ALTA VISTA PL HAT A �~ _-. p LI Ili•`- .'p a iiilCllA oR I 1` I Q ' Bayon Rdy a _ Rd s" aRRn.f Rn` vISTR 339 y� r LV \ 1 Qil$rt11 `� N '°`T to T �� DR STtRYSYI OR.a.,I.rtR6YE1 Si3RRAK - W \ y_. �w ems- e u O 3 e�Q4 i - _ -� Yi YISTR P� EE ECRD P3 Sandy Point; , Scott Rd d,.$ _ * 17 q 14 0 ' 13 ��. •� _ k - 16 } � � 15 � a � '4 3 - r 7h 4r; °o a he rrywood 0p� y o McLeod Rd LUMMI a} � __ .-= -�:� �, � � i t a Baia- _` 1 a oL+ °1 R! r r` ale �o I 9F A -� _� r i +.• �-mow Y I.g SG Y� /Isrf� w 44`' 17. e A derWOod ' W Fri m - ar 7. _ O r '� G aftanwaod Av Alvine -37uo -4 Rd Blrc was = 14 4ti P Z r' yp4'� O, _ Cedarwo od v IND m P I BAY Edens I �- YHr9H 111 4 19 ° 4 I 23 ar EKloraefo+t o+ o! 17 A } m BELLINGHAM BAY _ 3 J O Cagey Rd Cagey Rd N SUKFTRESERVATIO� 30 WAY 26 511pRE1di10� 3 �� Bellingham xC BAY oint Igley 1 NORTHGATE Smokehouse Rd I i �s ► 1c� 4 Np� sGurlle TE Rork^^^•�.��_-^�-_%ti __ 32 LUMMI r 6 r 35 �. ISLAND BELLIF &CEDAR PL VI4MAn RG nrr J URO.GRALER PL UWE 4RG Gooseberry `RG RPoint M B L B WRy E 301H5 MAP 21 JOINS MAP 21A The North A of the South J, and the North � Section 7, Township 38 North, Range 2 East of W.M.; the South j of the North of Section 1, Township 38 North, Range 1 East of W.M.; the South I of Section 1, Township 38 North, Range 1 East of W.M.; the South � of the North j of Section 6, Township 38 North, Range 2 East of W.M.; the South � of Section 6, Township 38 North, Range 2 East of W.M.; the North of the Southeast I and the Northeast of Section 11, Township 38 North, Range 1 East of W.M.; Government lots 8, 9, 11, 20, and 21, and the Southeast j of the Northeast I of Section 2, Township 38 North, Range 1 East of W.M.; the North J and the North j of the South j of Section 12, Township 38 North, Range 1 East of W.M.; all situate in Whatcom County, Washington, is hereby annexed into and shall become a part of Fire District #15 and shall become entitled to benefits and responsible for liabilities equal with the other members of the existing district. DATED this 1gt day of 1986. WHATCOM COUNTY COUNCIL ATTEST: azi Carol Ebergson Clerk of the Council APPROVED AS TO FORM: Randall Watts Civil Depu y Prosecuting Attorney WHATCOM COUNTY PROSECUTING ATTORNEY r .,EF CRIMINAL DEPUTY Mac D. Setter CRIMINAL DEPUTIES David C. Cottingham Martha V. Gross Warren J. Page Robert A. Carmichael Karen L. Nelson Michael E. Mazon Daniel L. Gibson DAVID S. McEACHRAN Courthouse 311 Grand Avenue BELLINGHAM, WASHINGTON 98225.4079 (206)676-6784 March 3, 1986 Charles A. Oltman, Chairman Board of Commissioners Whatcom County Fire Protection District No. 15 2147 Lummi Shore Road Bellingham, Washington 98225 RE: Petition for Annexation of property into Fire District No. 15 Dear Sirs: CHIEF CIVIL DEPUTY Eugene R. Moses CIVIL DEPUTIES Randall J. Watts Terrance G. Lewis We have received your Resolution No. 52 which deals with the concurrence with the petition to annex territory adjoining Fire District No. 15. In reviewing the documentation, I reviewed the certification by the Auditor's office of February 11, 1986. It refers to RCW 52.08.060. I'm sure she was referring to 52.06.060 which deals with merger by petition. This section of the RCW, however, deals with merger of territory when that territory is previously established as a fire district. Since my understanding of your resolution is that the property is contig- uous to your district, but not yet a district in and of itself, it does not come under 52.06.060, but rather comes under 52.04.- 031. The difference is slight, but significant, in that 52.06.- 060 indicates that the certification is allowed if three -fifths of all the qualified electors in the merging district sign the petition to merge. Whereas under 52.04.031, it talks about annexation by petition and indicates that a petition for annexa- tion of an area contiguous to a fire district shall be, in writing, ddressed to and filed with the board of commissioners of the district to which annexation is desired. It must be signed by the owners, according to the records of the county auditor, of not less than 60% of the area of land included in the annexation of petition. It shall set forth the legal description of the property and shall be accompanied by a plat, etc. The plat has accompanied it, but I do not have a certification that 60% of the area of land has approved the annexation. It may be less than 60% of the people if you have some large property owners. However, we need to have it certified that 60% of the landowners or 60% of the area within that district approves of the annexa- tion. Obviously, the names that are present may certify that; they may not because you may have a large number of out -of - district landowners. Consequently, we are sending it back to you so that the proper certification may occur. If you have any questions, please don't hesitate to contact m,e and I would be more than happy to discuss them with you. Looking forward to hearing from you, I remain, Sincerely, Randal a tts Civil Deputy Prosecuting ttorney RJW/ce -1* ►� M P.O. Box 398, Bellingham, Washington 98227 JOAN OGDEN, AUDITOR Phone 676.6740 February 12, 1986 Kristine George, Administration Lummi Indian Business Council 2616 Kwina Road Bellingham, Wa 98226 Dear Ms. George: Enclosed is a copy of our letter to Marty Trecker, Fire Dist. 15 Commissioner and a copy of the Certificate of Sufficiency with signatures attached. It appears that the business council has done everything that needs to be done at this time and the rest is up to the fire district commissioners. Sincerely, Shirle Forslof Deputy Auditor 7 1 Tnk CAI Hrt Se '44 35 3 I I I OT 4 I `IO- I W TO NSHIP 38 RANGE IE SECTION 02 { S f MAP NO. 01 SCALE 11I- 4001 DATE 918164 i 1 THIS MAP IS FOR j ASSISTANCE IN !! PROPERTY LOCATION y AND NOT GUARANTEED f1 FOR ACCURATE MEASUREMENTS 4 12 1 35 36 2 4 W4 T TS 7° c 1 Yap I jl I L� i�'A i 9 Q-A �I 3 3 r F. COFFELT I xlq 8 � 3 6 U-iW 31 TWP39N x vq 36./3-4 2 I NDIAN LAND J 77 A INDIAN LAND I 3 4 o TUYP.38N. n 6 0 ►NSHIP 58 rP RANGE A � I SECTION I4 OI I I 4 I � I I - ! MAP NO. t 01 -2 1 SCALE I 1"= 400` ' I - t 40.0 —A 5 I DATE 6 !2 7 913 164 x I� I � e THIS MAP IS FOR ASSISTANCE IN PROPERTY LOCATION 1 AND NOT GUARANTEED j FOR ACCURATE If VEASURE ME NTS L I A � r N INDIAN LAND LUMMI INDIAN PU51tAES`b GJUNC.IL l I l � I I E � I /ONO r V S. CAGEY SR ct. ESE cVG -xzoq �p • yaa� I � >00 46 I I 125. v7 44.133 -4 r 3 S44 3.1 lNDrAN LAND Tax c- SFL. I I c-;23?-m Sac. 12 I Lu' MMI INDIAAJ SUSMESS i couMIL Xp54 Y053 g_ SO -A r xo�! o 10'ro. o-A r� LUTZ YL -• ro o-a 7 I 1 A/ _IAAIFC f[ 1 1 7 TO'.:'NSHIP RANGE SECTION I 12 I UAP NO. SCALE DATE 9115164 THIS MAP is FOR ASSISTANCE IN Aro►ERTT LOCAT;C- AMO NOT GUARAMr FOR ACCURATE MEASUREMENTS SLATER ROAD '^ STATE N DIAN LAND T 4� 2 3 41.48 I .p. 3.I 1 i �FR a oj;H RED �0 I 7.82 " 28.11-4 IND14N LAND + f i T6 I j5.96 A I 163.47 -A 3d4-A • x049 y10 VAN LANb y� II ,oT _A I ! 34.96 I / I t2 7 r f LC7 10 A j6 ZO G ?'o /-Z u F -WHOF• INDIAN LAr1D i 2 I4A 4�A lb LOT 39 9� :OWN Hr I 1 I 1 RANGE 2E i "d SECTION 06 I- I AIAP NO. !� 01 i- - ;i ti �f SCALE 1'= 400' DATE 9141.61 TINS MAP IS FOR ASSISTANCE IN ~ERTT IOCATIp•, AND NOT GUARAN r_6 FOR ACCURATE MEASUREMENTS 12 t3 IB 5 22-a �"� A E4STAZIOD LOT/4 IN DIAN LAND TOWNSHIP LOrI� t I 4 EA ST. ��G � LOT 16 563-A � I I 38 /2 -' LOT l7 { ` I v I i ' LOT-8 I � I A.E45TW000 I LOT 19 RANGE ��b • Lcr20 2E J Lor21 4I L57I4 "p y 2. y - i SECTION i 07 20 A =' 49 A � r �G MAP NO. 2. o -A Q 4 of IND14N '_ 4ND 1 i Il!4 I GRUNE 7(D 43SH/R - i --a R. -A - ' P SCALE Npo .. 1'= 400' E SA1*NOW I '{ { y (44 I -! M.x I SeG.Ia ri.4� t FD W I TU J r ` j DATE 9115164 � S 4iO9.A f /. 3 M MAYHEW THIS MAP IS FOR ASSISTANCE IN _ PROPERTY LOCATION AND �T GUARANTEED FOR ACCURATE %y MEASUREMENTS • J 037- r l i O.0-4. • If T�-c 14 5sc 8 I k i 119 09 -A �ro 1 15 /4 A 71I 78 '27 24 50-A 8 L1 2 — L T-leJ FAX 2 SEA. Iv J ZY INC'h .STRA x�q� 9. 70 -A 9 N _AND � 3Z( PAN LAND I I 4- .n i 12 TOWNSHIP 38 RANGE IE SECTION MAP NO. 01 SCALE DATE 9110164 ..&221ED wrrw Tax B. I 56c. l2 THIS MAP IS FDR ASSISTANCE IN PROPERTY LOCATION AND NOT GUARANTEED FOR ACCURATE ++EASUREMENTS I i l2 1 I i 4 /7 Ronald A. Waldo W. 406 2nd Street, Everson 98247 966-2011 CITY OF EVERSON COUNCIL - POSITION 2 Phillip E. Multop III So. Washington St., Everson 98247 966-3205 Noah W. Wallace 102 Kale St., P. 0. Box 86 Everson 98247 966-5821 CITY OF EVERSON COUNCIL - POSITION 3 Eugene "Chuck" Wassenaar 403 W. 3rd St., Everson 98247 CITY OF FERNDALE COUNCIL - POSITION 1 Alfred Braithwaite 5787 Vista Dr., Ferndale 98248 384-6198 Gary E. Gibbons 5960 flillside Dr., Ferndale.98248 384-3993 CITY OF FERNDALE COUNCIL - POSITION 2 Deborah D. Weatherby 5707 Sterling Ave.-, Ferndale 98248 384-3654 Jack A. Williams 5825 Birch Dr., Ferndale 98248 384-1954 CITY OF FERNDALE COUNCIL - POSITION 3 Stella Pinkey Blumanthal 5897 Malloy Ave., Ferndale 98248 384-1889 Eleanor Ilighley 2153 Hillside P1., Ferndale 98248 384-3026 Madelyn If. Waslohn 5920 Aspen Ave., .P. 0. Box 622 Ferndale 98248 384-4905 R. B. "Rick" Wilson ;6068 Portal Way, Ferndale 98248 384-1789 CITY OF BLAINE COUNCIL WARD 2 - POSITION 5 - 2 Yr Unexp Term J. G. Anderson •932 3rd Street, Blaine, 98230 Deane D. Elston 714 G St, #21, Bla.ine•98230 332-4254 Dennis E. Schrank 410 Martin St., Blaine.98230 332-8356 Subject to Primary Election 4/6-6 0 ' / yL,so3� A. el:o Q 7 95 Oat �4' See' l 55' t _ -ZP q 37,�S ?3 1NLEy 11373 ,�7 11.2-33 41-5 PA'' GU